Note (retour) — XXVIII.

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).