Sir David Kirke; 29 January, 1653
Libel [in Baltimore vs. David Kirke]
Great Britain, PRO, High Court of
Admiralty, HCA 24/111 (120)
MHA 16-B-5-008. Transcribed by P.E. Pope.
Lord Baltimore [Cecil Calvert,
Second Lord Baltimore] against Sir David Kirke
Suckley, Smith [the litigants' respective barristers]
This day Smith, as proctor for Sir David Kirke and in his name to all interests and purposes in law and fact, did allege and propound... as followeth"
In primis. That in case Sir George Calvert [Lord Baltimore], deceased, were ever in possession of or inhabited in the Province of Avalon in Newfoundland or of any parts, ports, isles, creeks or harbours thereabouts, or of any seines, boats, vessels, succours [havens] for fishing, stages, or any other thing whatsoever mentioned in the libel in this cause on the part and behalf of the said Lord Baltimore, given and admitted, which is not confessed but utterly denied by the party propounding this allegation, yet the said Sir George Calvert went away from and utterly deserted the same, in or about the year 1629, and went to Maryland or some other place and never after that returned again to any port or place in the Province of Avalon or any other port or place in Newfoundland nor did he, the said Sir George Calvert, at the time of his departure leave any deputies behind him there to manage [and] look after his pretended interest there. ... And he doth allege and propound the premises jointly, severally and in every particular.
2. Item. That Sir David Kirke did not go over to Newfoundland nor dwell upon the Province of Avalon and the isles, creeks and harbours thereabout until the year 1638: And he doth allege and propound any further and he doth allege and propound as above.
3. Item. That at such time as the said Sir David Kirke came and arrived at Newfoundland there was not any other vessels whatsoever or any forts or succours [havens] or defenses for fishing in the Province of Avalon or any other isles, harbours, creeks, havens or other places whatsoever. And so much was generally noticed and taken notice of by all who were there remaining and in hearing or that went over with the said David Kirke. And he doth allege and propound as above.
4. Item. That no boats, stages or succours [havens] for fishing will last or continue in the Province of Avalon in Newfoundland or in the isles, creeks, harbours or ports thereabouts, nor in any other port or place in the Newfoundland above two or three years at most but in that time the same will be spoiled and rotted and come to nothing, whether the same remain in the water or upon the land. And so much is well known unto all men who either lived or have lived there. And he doth allege and propound any other number of years more or less etc. And he doth allege and propound as above.
5. Item. That in case there were any ordnance remained in the Province of Avalon or other isles, creeks, harbours, ports or places thereabout, at the time that Sir David Kirke came there, which is not confessed by the party propounding but utterly denied, yet the same were such as were there put and placed by the late King [King Charles I], deceased, and were his ordnance and the said Sir George Calvert had no interest, right or title therein, nor paid any money for the same. And he doth allege and propound as above.