[L. S.]
At Whitehall, the 14th. of October 1631.
Present:
Lo. Keeper Lo. Trea[r]. Lo. Privy Seale Ea. Marshall Ea. of
Kelley Lo. V. Falkland Lo. Bp. of London Mr. Secr. Coke.
Whereas Captaine Kirke and others the adventurers to Canada,
did humbly shewe to the Board, that they having the sole Trade
into those partes graunted unto them, prohibiting all others to
trade thether, That neverthelesse divers persons viz. John
Baker, James Ricrofte, Captaine Eustace Man, Henry West and
others, have as Interlopers presumed to trade thether, carrying
away a great parte of the said trade, to the great dammage and
disablement of the said Adventurers to maintaine theire
Collonie there for defence of the said Island or to proceede in
the said Trade. Forasmuch as the said persons were thereupon
this day convented before the Board some of the said
Adventurers being then also present, And upon Entrance into the
hearing of the Cause however the said Information in the
generall appeared to be true, Yet for that the Examination of
divers particulars objected on either parte, required a further
tyme then the leasure of the board could permit. Their
Lordshipps did thincke fitt and order that the further
examination hereof be referrd to Mr. Sergt. Barkeley, Sr.
Willm. Beecher and Mr. Nicholas, authorizing and requiring them
to call for and peruse, all such writings, letters, Charter
parties and Bookes of Account as they shall think fitt; As
likewise to call before them and examine all such persons as
they shall find cause, aswell for the finding out of the
contemptuous carriage of the persons complainde of, as for the
discoverie of the particular goodes and comodities and the true
vallue of the same, by them brought from thence. And thereupon
to make certificate to the Board, to the end such further order
may be given as shalbe requisite. Lastly it is ordered that the
persons complainde of shall enter into sufficient Bond to his
Majestys use before the Clarke of the Councell attendant, not
to sett out from henceforth any more Shipps to trade thether
without lycence from his Majestie, or this Board. And shall
give theire attendance de die in diem and not departe the Towne
untill further order which Bond if they shall refuse to enter
into, then to stand comitted to the custodie of a Messenger
untill they shall conforme themselves.
Ext. T. Meantys.
(_Sur le dos est écrit._)
Canada 14th. Octob. 1631. Lo[dds] of ye Councells order of
Reference concerning examinations of ye contempt ag[t] ye
company of Canada.
(_State Paper Office, Colonial Papers_, vol. VI, art. 27.)
20/1432