Oeuvres de Champlain
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 Roynard837, 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 hath 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.)