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.