XXVIII.
An answere made by the Adventurers to Canada unto a letre written by the right honble 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 under the seale of the Admiralty by the 28/1440Lordes 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 retoure 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 the deposition of the said Jaques Raymond and the deposition of our men. Now we conceive that by our lawe and the 29/1441lawe 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: [(retour) ]
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 and keeping the 30/1442Fort 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 2 s. 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: [(retour) ]
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 justice to be had in England as in 31/1443France. 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.
DAVID KIRKE for my mother
Elizabeth Kirke.
ROBERT CHARLTON.
WILLIAM BARKELEY.
(State Paper Office, Colonial Papers, vol. VI, art. 53.)