This suspicion seems unfounded, because Guillaume de Caën was personally interested in the fate of Quebec. His merchandise which was seized by Kirke was valued at about forty thousand écus. If he had made some agreement with Kirke he would have had no difficulty in recovering his goods after the capitulation, but such was not the case.

As to Emery de Caën we must say that he took an active part in the defence of the colony, and perhaps he might have saved Quebec, had not one of his sailors committed a grave imprudence at a critical juncture. The facts are as follows: The Treaty of Suze, which was signed on April 24th, 1629, had established peace between France and England. Being aware of this fact Emery de Caën equipped a vessel for the purpose of bringing back to France all the furs and merchandise which were the property of his uncle. When he arrived near the Escoumins a dense fog obscured the coast, and his vessel ran aground on Red Island, opposite Tadousac. Having succeeded in floating his ship, de Caën went to Chafaud aux Basques, two leagues above Tadousac. Here he was informed that the Kirke brothers were at Tadousac, and he at once made for Mal Bay, where he was informed that Champlain had capitulated. This news lacked confirmation, and so he sent two emissaries to Quebec, who instead of proceeding directly there, amused themselves on the shore of the river at Cape Tourmente. They finally arrived at their destination, and were badly received by Guillaume Couillard.

In the meantime Thomas Kirke was sailing down from Quebec to Tadousac, after the capitulation of the stronghold, and meeting de Caën's vessel approached within cannon shot. A fight began, and soon both vessels were stopped by Kirke's order. Previous to this, Champlain and all the French who were on board had been sent below deck, the covers of which had been fastened with large nails, so that they were unable to render any assistance to Emery de Caën, even if they had desired to. The battle continued under some difficulties, and the vessels were grappled only by their foremasts. Kirke's position was becoming untenable, but by a singular blunder instead of being defeated he was allowed to become the master. One of Emery de Caën's sailors having cried "Quartier! Quartier!" or Surrender! Kirke hurriedly answered, "Bon quartier, and I promise your life safe, and I shall treat you as I did Champlain, whom I bring with me." Hearing these words the French hesitated, laid down their arms, and soon perceived Champlain on the deck. Kirke had released him from his temporary jail, threatening him with death if he did not order Emery de Caën to cease his fire. Then Champlain said: "It would be easy to kill me, being in your power. But you do not deserve honour for having broken your word. You have promised to treat me with consideration. I cannot command these people, neither prevent them from doing their duty, in defending themselves. You must praise them instead of blaming them." Champlain asked them to surrender willingly. They were wise in doing so, as two English pataches soon arrived which would have settled the fight.

Emery de Caën, and Jacques Couillard de l'Espinay, his lieutenant, took passage on Kirke's vessel, and submitted themselves to the enemy's conditions. De Caën was compelled to abandon his ship, which was full of provisions intended for Quebec. In less than two hours every hope of fur trading had disappeared. De Caën had lost not only his vessel, but also five hundred beaver skins and some merchandise for traffic. This loss was valued at fifty-one thousand francs. Emery de Caën returned to France. He came back to Quebec in the year 1631, with permission from Richelieu to treat with the Indians. But the English commander expressly forbade the trade, and placed guardians on his vessel during the period of trading.

[26] All that relates to the formation of the Company of New France is contained in a series of documents entitled, Edits, Ordonnances royaux. The first document is entitled, Compagnie du Canada, establie sous le titre de Nouvelle France, par les articles du vingt-neuf auril et sept May, mil six cens vingt-sept. We find it in the Mercure François (t. xiv., part ii., p. 232) and also in the Mémoires sur les possessions Françoises en Amérique (t. iii., pp. 3, 4, and 5). This document is double, the first containing twenty articles, and the second thirty-one, which essentially differ. The act of April 29th, 1627, exposes the designs which had engaged the king to establish a new company, its obligations, and the advantages which it will get from Canada. The act of May 7th is the deed of association, which contains the whole organization of the company, its rules, and all that concerns the administration of its funds. The acceptation of the articles of April 29th, 1628, was officially known by an act passed on August 5th, 1628, and the acceptation of the articles of May 7th took place on August 6th, of the same year. These articles had been confirmed by an order-in-council, on May 6th, 1628, at La Rochelle. On the same day Louis XIII had issued patents confirming the order-in-council. On May 18th Richelieu had ratified the articles of April 29th and of May 7th.

These various documents were published in 1628, one part of them in the Mercure François, and the other in a pamphlet, large in quarto of twenty-three pages. The list of the Hundred Associates was also printed in a small pamphlet of eight pages, bearing as title: Noms, surnoms et Qualitez des Associez En la Compagnie de la Nouvelle France, suyvant les jours et dates de leurs signatures.

[27] About the year 1596 Gervase Kirke, of Norton, county of Derby, married Elizabeth Goudon, of Dieppe, and had issue five boys and two girls. The eldest boy was named David, the second son was Louis; and the third, Thomas; the fourth, John; and the fifth, James. In the year 1629 David was thirty-two years of age, Louis was thirty, and Thomas twenty-six years of age. These are the three heroes of the Quebec assault.

Gervase Kirke was a member of the Company of Adventurers, and he died on December 17th, 1629. In 1637 David received as a concession the New-found-land. After some difficulties which he had to suffer, David Kirke died in the year 1656. His widow claimed the sum of £60,000 for the part that the Kirkes had taken in bringing about the capitulation of Quebec, but the king paid no attention to these claims, and the Kirke family became poor.