XXVIII.

An answere made by the Adventurers to Canada unto a letre

written by the right hon[ble] Sr Isaack Wake Knight Lord

Ambassador for his Majestie of England, now resideing in

Fraunce beareing date the 9th of Aprill 1632.

To the first Article mentioned in his Lordshipps letre wherein

he writes that the instructions he received from us were soe

weake and came soe farr short for what was necessary for our

defence that had he not gathered light from Monsieur de Caen

his owne speeches, he should not have brought our busynes to

soe good a passe.

Wee answeare that those depositions and instructions which wee

sent and delivered here to Mr. Burlamachi and which he had

28/1440 under the seale of the Admiralty by the Lordes of his Majesties

privy Counsell their comaund, were soe authentique and

sufficient, that if this cause had byn tryed here in England

where witnesses would have byn allowed, which wee earnestly

desired, We doubt not but to have recovered charges of de Caen

rather then any money should have byn paid unto him. But the

French Ambassador and Monsr. de Caen would never permitt any

legall proceeding neither in the Admiralty nor in any other

Court of justice here in England.

Secondly, Whereas his Lordshipp writes that De Caen his

pretentions were for 266000 livers, We marvaile not at his

unreasonable demaund, knowing the French at well as we doe,

whereof some of us have had woefull experience in the busynes

with Morteau and Launay and others. But Monsr. de Caen att his

being here claymed in all only 4266 beavors. And Monsr.

Champlaine Governor of the Fort when, their goods were taken

deposeth there were but 2500 or 3000 beavors belonging to the

French att the most. Whereof at the rendring of the Fort the

French that were then there, were by composition permitted and

did carry away such as they pretended were their owne, and they

had each of them a Coat conteyning 7 or 8 beavors a peice

besides what they conveyed away secretly. And some were stollen

by them as appeares by the depositions of Oliver le Tardiff one

of their servauntes. Besides wee bought divers beavors of the

said Frenchmen att the returne here of our shipps for which wee

paid them above 400 £. as by their acquittances appeareth which

beavors they brought then in our shipps from thence. All which

being deducted it will plainly appeare there could not come to

our hands above 1713 beavors according to the depositions of

our Captaynes and factors who kept a just and exact accompt of

the same, which beavors were delivered unto us by the French

there, upon composition and condition that wee should feed them

and bring them home they being almost starved and must have

perished without our releife they having fedd upon nothing but

rootes for the space of Three monthes before, as appeares by

the deposition of Monsr. Champlaine, Mo. Blundell, Mo. Bowley

and others. And the victualls we gave them would have bought

there above 4000 beavors, as appeares likewise by the

depositions of Capteyn Kirke and others. The rest of the

Beavors (which with the said 1713 received from the French are

still in sequestration) Wee bought of the salvagcs with our

owne goodes the French themselves confessing in their

depositions that wee traded for 4000 Beavors.

Thirdly, whereas his Lordshipp writes for the restitution of

the shipp Hellen and the goods taken in her which were but of a

small valewe, We answeare that the said shipp came out of

Fraunce the 20th of May 1629 and the peace was proclaimed ten

daies before to take effect from the 14th of Aprill before

that, which peace they knew and heard of before their coming

out of Fraunce as appeareth by the deposition of Jaques Raymond

[842] Sieur de Espines Leiutennt to Mo. de Caen. Nevertheless

at their comyng into the river of Canada they concealed the

said peace and first assaulted and shott att our shallopps and

after att our shipps to have surprized them and killed some of

our men and wounded many others, which appeareth likewise by

29/1441 the deposition of the said Jaques Raymond and the deposition of

our men. Now we conceive that by our lawe and the lawe of

nations those men that shall assault us knowing of the peace

concluded betweene both Kingdomes ought to suffer as Pyratts

and the shipp and goods soe taken are lawfull prize and

therefore noe restitution ought to be made but contrarily the

French ought to give us satisfaction for our damages in the

fight susteyned and also for loss of our mens lives. Howsoever

wee wilbe contented to deliver such goods in Canada as were

taken in the said shipp Hellen (if it be soe agreed and by his

Majesty comaunded).

[Note 842: Jacques Kognard (Couillard), sieur de l'Espiné.]

Fowerthly, whereas de Caen demaundeth satisfaction for Beavors

owing to him by the Salvages we answeare that wee never

received any of them for him, and therefore he may now goe and

receive them himselfe. And for the Knyves which he pretendes to

be worth 600 Beavors they remayne still in the Fort to be

delivered unto him if it be soe concluded.

Fifthly, concerning the number of Beavors which his Lordmipp

saith is playne by the French depositions to be 4200 skynnes,

although Mo. Champlaine their Governor whoe should know best

deposeth but 2500 or 3000 beavors. We answeare that it is more

playne by the depositions of the English that there were but

1713 beavors which came to our hands and they were delivered

unto us upon composition by the French. That we should give

them food whereby to preserve their lives from perishing and

bring them home, which we conceive wee ought to enjoy having

paid soe well for them in regard our provisions they had would

have bought above 4000 beavors as is before expressed. And if

there were any more the French carryed them away with them as

they had permission to do. As appeareth by the contract made

with Monsr. Champlayne and Monsr. Pountgrave att the rendringe

of the Forte.

Sixthly, concernyng the weight of the Beavors, Wee marvell a

Calculation of 6625 £. should be concluded on, seing the whole

number of 4000 Beavors are still remayneing under their

Lordshipps Comaund and may be weighed justly, Soe that they to

whome they shalbe adjudged shall have noe losse by them.

And for the price of 25 s. sterling per lb. If Mo. de Caen

would have paid us the money for them upon our security to have

repaid it to them to whome it should be adjudged he might have

had them willingly. But whatsoever he pretended Monsr. de Caen

had noe purpose to take them at that rate. For when he had a

good part of them att the Lord Mayors house and might have had

them from thence upon paying for them he nor his assignee

Monsr. de Espines would not bring in money for them, though he

was often urged thereunto, but suffered them there to remayne

as they doe to this day.

And whereas it appeares that it is concluded that de Caen shall

have 82700 livers for such Beavors as were taken from him, Wee

conceive that of right he ought to have nothing att all, but

rather that he should give his Majestie satisfaction for the

lives of his subjects which they tooke away contrary to the

peace concluded. Whereof they were not ignorant but concealed

the same as is before proved and confessed by them.

And for the Beavors we had from the French, they were delivered

unto us by contract to feed them and bring them home as is

before expressed, and as appeareth by the contract made with

them which cost us twice soe much as the Beavors were worth.

Also wee conceive that the Charges wee have byn att in building

30/1442 and keeping the Fort nowe Three years should have byn

considered in some measure. And if the French must be paid

according to the price of beavor in England, Wee thinke it had

byn very reasonable that they should have paid the Charges of

bringing them home, seeing that which is bought in Canada for

2s. is worth here above xx s. And that voyage cost us above

20000 £. which charge wee were att upon his Majesties Comaund

and upon promise to enjoy both the goods wee should take the

Fort and the Countrey.

But now by this conclusion it should seeme wee have made a

voyage for De Caen whoe (as he makes his reckoning) will have

paid him here for every Beavor marchauntable (which he

calculates att a pound and halfe in weight and att 25 s.

sterling per lb.) which is 37 s. 6 d. sterling for every

beavor, which cost not him above 3 s. sterling in Canada and

wee have paid all the Charge of fetching and bringing them home

hither which cometh to much more then all the beavers are

worth. And if de Cane had sett forth shipps himselfe he must

have byn att the like charge which would have cost hime more

then his Beavors were worth. And therefore we conceive there is

no reason he should have the value of the Beavors as they are

worth here, seeing we have bought them there and paid all the

charges of bringing them hither. By which agreement de Caen

would make above 12 for one profitt and wee should loose all

both principall which was our provisions they had for them and

also the charge of bringing them hither. And it appeares that

for such goodes as wee shall have remayneing in Canada and

deliver de Caen wee are to have but 30 per Cent more then they

cost us, which seemeth as strange on thother side; beinge that

the charges of carryîng the goodes thither and other expences

will come to above Three tymes more then they cost besides the

extraordinary yerely charge of keeping the Fort of Kebeck which

must be raised upon the profitt of the goodes.

Further whereas his Lordshipp hath ordered de Caen to pay 2400

lyvers for the bringing home of 60 men custome and all other

charges, wee conceive it to bee a very poore allowance seeing

his Majesties custome amounteth to above 1000 lyvers and the

very freight of our shipps coste above 4000 £. sterling besides

Maryners wages and victualles.

And also whereas his Lordshipp hath further agreed That de Caen

shall pay the freight and all Charges of a shipp of 250 tonnes

to fetch home our men and goodes and also to pay 30 per Cent

for such goodes as wee shall have remayneing in the countrey,

Wee marvell de Caen doth not send one & give order and security

for the performance thereof, that soe wee [may send away

a][843] shipp in good tyme, that the delivery of the Fort may

be performed according to his Majesties Comaund. But wee hold

it very unreasonable wee should have soe litle allowance 30 per

cent for the reasons above expressed.

[Note 843: Effacé dans le manuscrit.]

And lastly wee conceive the carryage of the busynes hath byn

very unequall. For seeing our English Marchants have byn forced

to goe into Fraunce to plead for such goodes as have byn taken

from them by the French. Why should not the French come as well

into England to plead for such goodes as have byn taken from

them by the English. For all the world knoweth there is as good

31/1443 justice to be had in England as in France. For in the passage

of the busynes for Canada, it is playne that the depositions of

the French are fully approved and the English wholly rejected.

Soe also in the proceeding about the shipp called the

Benediction taken by the French; It appeareth by the English

depositions that the goodes which the French tooke from the

English amounted to 14000 £. sterling and upwards. Yet their

witnesses are not received nor allowed. But what the French

have deposed is come to their handes (being little more than

halfe of the said somme) is yeilded unto and restitution to be

made for noe more. Soe that according to that rule it had byn

but reason the English should have made restitution for noe

more then what they proved came to their handes of the

Frenchmens goodes. But in the whole course of their

proceedinges it appeares the French are to receive and pay

accordinge to their owne proofes and the depositions of the

English are neither regarded nor their proofes on either side

admitted or accompted of.