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 11/1423hath 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: [(retour) ]

Cognard, pour Couillard.

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.)