Whitehall, 15th, Aprill 1630.
(_Sur le dos est écrit._)
Lord of Dorchester to Sr. Is. Wake, 15. April 1630. Plantation
of Canada, Nova Scotia, Port Royall and Kebec.
(_State Paper Office, Colonial Series_, vol. V, art. 82.)
XI, n. I.
To the right honorable the Lords of his Majesties most
honorable Privie Councell.
Whereas I received an order from your Lordships of the nineth
of this instant Aprill, concerning the difference between
Generall de Cane and the Marchant Adventurers of Canada, about
the Beaver skinns in question betweene them, I have sent for ye
said merchants, ye greatest parte whereof appeared before mee
at severall tymes, and seemed to bee willing that ye said
Generall de Cane should have ye said skynns delivered unto him
according to your Lpps. said order by ye said Solomon Smith
marshall of ye Admiralty, but amongest the rest of the said
merchants Captaine Kirke, who as I am informed hath the
custodie of one of the keyes of each warehouse, there being two
lockes to either warehouse dore wherein the said skynnes are.
Although he hath byn diverse tymes warned never appeared before
mee, who is either out of towne or else refuseth to bee spoken
with all. So as I perceive the said skinns will not be
delivered unto ye said Generall de Cane nor his Assignees
untill some further order bee taken by your Lpps. therein, and
further I humbly certifie unto your Lpps. that the said
Generall de Cane at his last being with mee informed mee that
his occasions were such that he cold not staie in England
untill such tyme as ye difference betweene him and the said
marchants was ended, but wold appoynt one as his Assignee to
follow the said buisnes on his behalfe in his absence. In which
place hee hath appoynted one Jaques Roynard[836], who appeared
before mee and pretendeth his onlie staie in this Kingdome is
to see this buisnes ended, which he alleadgeth is an
extraordinary hinderance unto him in his affaires. All which I
humbly leave unto your Lpps. consideration. This XXVIIIth of
Aprill 1630.
JAMES CAMBELL, Mayor.
[Note 836: Kognard, ou Couillard, sieur de Lespinay.]
XI, n. 2.
To the Right Honorable the Lordes and others of his Majesties
most Honorable Privy Councell.
The humble Peticion of Generall de Caen. Shewing that according
10/1422 to your Honours Order directed to ye Lord Mayor of this Citty
of London he hath proceeded to the sale of ye Beavers, and
after divers and many profers and ye highest price offered by
your Petr the said Beavers were then adjudged to your Petr who
then offered the monyes, demanding the delivery of the said
Beavers. But Capt. Kirck and his Company would not deliver the
said Beavers nor ye keyes of ye warehowsen, where ye said
Beavers are kept, upon any order from the said Lord Mayor to
them as may appeare by his annexed Certificat with the protest
for ye costes and dommages which ye said Petr hath and doeth
suffer.
Humbly therfore he beseecheth your Lpps. (considering your
premises and ye injust dealings and tedius frivolous delayes of
ye said Capt. Kirck and other adventureres for Canada), would
be pleased to ordaine: That ye said Beaver may be speedily
delivered to ye said Petr or his assignees, and the said Capt.
Kirck and Comp. condempned to pay all costes and dommages which
are or shall happen to ye Petr by reason of not delivery of the
said Beavers.
AND HE SHALL PRAY, etc.
XI, n. 3.
Knowe all men by theis presentes that on the Twelveth day of
April One thousand six hundred and thirty, and in the sixt
yeare of the Raigne of our Soveraigne Lord King Charles, etc.
Before mee Josue Mainet Notary and Tabellion Publicq, dwelling
in this Citty of London by the authority of the said Kinges
most ex[t] Majesty. Admitted and sworne and in the presence of
the witnesses herunder named personally apeared the noble
William de Caen, Lord of La Motte Generall of the Fleete for
New-France, and hath required of me the said Notary to summon
the Englishe Adventurers of Canada in Comp. with Captaine Kirck
to deliver or cause to be delivered the Keyes of the severall
Warehowsen where the Beaver skins are layde up which have bin
brought from Caneda, and sould unto the said Generall de Caen,
and for to have possession of the said Beavers upon the
conditions mentioned in the order of his Majesties most
honorable Privy Counsell, dated the nynth of this month, And in
case of refusall and not delivery of the said Keyes and Beavers
upon the conditions aforesaid, the said Generall de Caen hath
protesteth and doeth protest by theis presents of Exchange &
Rechange and all costes dommages and interestes of the some of
six thousand poundes starling, which the said Generall de Caen
hath taken up here by Exchange for to pay and deposite for the
said Beavers in the handes of the right Worshipfull James
Cambell, Lord Mayor of this Citty of London, for to recover all
the same of the said Adventureres of Caneda here of their
goodes in time or place as of right it shall appertaine. As
also for ye spoile and perishing of the said Beavers and
loosing of the market for the same, the said Generall de Caen
declaring moreover to have given, and doth give by theis
presentes full power and authority to James Roynard[837], Sieur
d'Espinez his Attorney, to cause the said Beavers to be
delivered unto ye Factor of the said Generall de Caen here, who
hath the monyes for to pay for ye said Beaveres upon the
delivery of the said Beaveres: In Witnes whereof, the said
Generall hath herunto set his hand and seale in London, in ye
presence of Salomon de Quieuremont and Peter James, Witnesses
hereunto required. The register of the the said Notary is thus
subscribed de Caen, S, de Quieurmont, Peter James.
[Note 837: Cognard, pour Couillard.]
11/1423 On the thirteenth day of ye said month of Aprill, I the said
Notary at the request aforesaid tranaported myselfe unto the
persons of Mistris Kirck, widdow of late Jarvis Kirck, in his
life time merchant of this Citty of London, and to Captaine
David Kirck, his sonne, and William Barkely also of London
merchant Adventurers of Caneda, and have required them and
every of them to deliver or cause to be delivered to the
assignee of the said Generall de Caen, the keyes of the
severall Warehousen where the said Beavers are layde up as
aforesaid, And then I notified unto them the aforefaid protedt,
and showed them the said order from his Majesties honorable
privy Councill, Whereupon Mistris Kirck replyed shee had bin
long sick, since her late husband's decease, and had not the
keyes of the said Warehousen, but was ignorant of those
buissineses which shee had comitted to her sons ordering, and
the said Capt. David Kirck answered he was not Executor or
administrator to his late father, and that he had not ye said
keyes. And the said William Barkely having perused and read
over the protest and order of ye Councell, answered thereupon
that he hath not the said keyes of the said Beavers and
therfore cannot delivered them: And on the fowerteenth day of
Aprill, I the said Notary having alsoe required of Robert
Charleton, also of London merchant and one of the said
Adventurers unto whome I have notified the premises and
delivered unto him an authentick coppy of the protest and order
aforesaid, and I demanded of him the delivery of the said
keyes. Whereupon the said Robert Charleton answered that hee
neither is or ever was possessed of the said keyes where the
said Beavers are kept, and for his part hee wisheth that the
said Generall de Caen had the beavers for the price hee offered
for them. And finally ye said Robert Charleton said that he
canot get his part which he hath in the said Comp. and he doeth
not knowe who hath the said keyes, neyther can hee deliver
them. Of which severall answers aforesaid, I the said Notary
have at the instance of Sieur Despinez made this present Act
for to availe the said Generall de Caen as of right shall
appertaine, Thus done and passed att London in the presence of
William Hill and George Colles, Witnesses thereunto required.
Josua Mainet, Not. Pub.
(_Sur le dos est écrit._)
Requeste de Monsieur de Caen.
(_State Paper Office, Colonial Papers_, vol. V, art. 87.)