Robert Allward; 29 March, 1652

Examination [in Baltimore vs. Kirke]

Great Britain, PRO, High Court of Admiralty, HCA 13/65, n.p.

MHA 16-B-5-002; extract published in Gillian T. Cell ,ed., Newfoundland Discovered, English Attempts at Colonization, 1610-1630, Hakluyt Society 2nd series, no. 160, (London: Hakluyt Society, ©1982) 300. Revised with further transcription by P.E. Pope.

The Lord Baltimore against
Sir David Kirke
29 March 1652

Examined upon the foresaid libel
Robert Allward, of Kingswear near Dartmouth in the County of Devon, mariner, aged 60 years or thereabouts, sworne and examined.

To the third, fourth, seventh, eighth, ninth and tenth articles of the libel aforesaid, he deposeth that he hath by times as master and mariner used the trade of Newfoundland for these forty years last or thereabouts, and thereby well knoweth that there is a place or bay called Fermeuse in Newfoundland and another place, harbour, or bay therein called Petit Harbour [Petty Harbour], and that between the aforesaid harbours, place, or bays of Fermeuse and Petit Harbour there are situate and being these places or bays ensuing, that is to say, Aquafort Harbour, Ferryland Harbour, Caplin Bay, Cape Broyle, Isle Despear [Isles of Spear, near Tors Cove], Mounteapple Bay, Wittlesea Bay [Witless Bay], and Bay of Bulls [Bay Bulls], all which harbours are lying and being on the eastern sea of Newfoundland. And he further saith that Sir George Calvert, late Lord Baltimore (by such as he employed herein) built the chief Mansion House at Ferryland, within the Province of Avalon in Newfoundland in the parts of America, and that this deponent knew Captain Edward Wynne, who was sent thither as agent or deputy for the said Sir George Calvert, late Lord Baltimore, about thirty years since, and there resided as his agent for diverse years. And this deponent also knew Sir Arthur Aston, who also resided there for diverse years, as agent likewise for the said Sir George Calvert, late Lord Baltimore. And deposeth that the said Sir George Calvert, Lord Baltimore, was afterwards there also himself, with his wife, children, and family, all which he knoweth because he, this deponent, was there present, the respective persons there, in the qualities and employment aforesaid. And he well knoweth, as he saith that the said Sir George Calvert, late Lord Baltimore, was at great costs and charges in making forts and platforms and providing of ordnances and ammunition for them, within the time predeposed there, and also in making provision for diverse people or persons by him transported thither to settle a plantation. And he further deposeth that after the death of the said Sir George Calvert, late Lord Baltimore, one Captain William Hill came over thither and did live in the great Mansion House aforesaid, in the summertime 1638, and in said summertime, viz. in the month of June, July or thereabouts of the said year, Sir David Kirke came there. Moreover he saith that in the said year, 1638, and after the coming thither of the said Sir David Kirke, the said deponent was master of a ship named the HAMILTON, sent over by the said Sir David, under the command of his brother Sir Lewis Kirke, to go for the Bay of Bulls [Bay Bulls] in Newfoundland aforesaid, to depart there and take the imposition or return of fishing of the vessels as were fishing there or trading there; and thereof which the said Sir Lewis Kirke received and took imposition of fish, after the rate of five in the hundred, from a Holland [Dutch] Ship in the harbour, and which fish, of the deponent's certain knowledge, as the said Holland ship aforesaid was of about 140 tons burthen, and would (after the burthen) carry two thousand quintals or thereabouts of Newfoundland dried fish, and he believing the previous then fully laden, and that the imposition so then received by the said Sir Lewis Kirke amounted to £ 50 sterling or thereabouts. And otherwise he cannot depose.

Upon whereof he is not examined by direction of the Lord Baltimore.

To the second Interview

To the first, he was not required by the Lord Baltimore to testify truly in his business, wherein therewith was there never mystery, nor will it be any profit or damage him not, should either side prevail, and them he favoureth him indifferently and hath known the second Lord Baltimore [Cecil Calvert] about half a year last, and Sir David Kirke about fourteen years last and otherwise he cannot answer him as aforesaid.

To the second, he saith in reply of those in his cause against Sir David Kirke for wages, and otherwise he answereth negatively.

To the third, he saith he never to his knowledge knew the now Lord Baltimore [Cecil Calvert] at Newfoundland. And otherwise he cannot depose, saving as aforesaid.

To the fourth and fifth, answereth himself to his previous deposition and otherwise cannot say other than as aforesaid.

[signed] Robert Allward