Smithsend - Descendants of Thomas and John c.1620

This document describes the descendants of Thomas Smithsend b.1616 and John Smithsend b.1621 two sons of Nicholas Smithsend and Elizabeth Greeves.

Children of John and Susanna c.1650

John and Susanna had four children.

John Smithsend (c.1653). The son of John and Susanna. He was mentioned in the Will of his Aunt in 1665.[i]

Alsoe I give and devise to my Nephew John Smythsend sonne of my brother John Smythsend and his heires and assinges for ever One other thirde parte in the three partes to be devised of all and singular the said Messuages of tenements pigeon howse edifices buildings barnes stables gardens orchard courts yards backsides yard  and premisses with thappurtenances and the revercon and revercons remainder and remainders of the said last mentioned thirde parte. To have and to hold the said last menconed third parte in three partes to be devided of the said messuages or tenements Pigeon howse howses edifices buildings courtes yardes backsides gardens orchard yard land and premisses with thappurtenances unto my said Nephew John Smythsend his heires and assinges for ever. To and for the only use and behoof of my said Nephew John Smythsend and of his heires and assignes for ever.

He may have married Johanna White in Tewkesbury on the 20th December 1690. He may have married a second time to Mary Chapman in Tewkesbury on the 19th July 1708.[ii]

Elizabeth Smithsend (b.1654). Also spelt Smithins. The daughter of John and Susanna. She was christened on the 14th January 1654 in Tewkesbury.[iii] She is not mentioned in her Aunt's will of 1665 so she may have died by then.

Susanna Smithsend (c.1655). Also spelt Smithins. The daughter of John and Susanna. She was mentioned in the will of her Uncle John Higgins of 1662.[iv] I doe give unto Susanna Smithsend the daughter of John Smithsend the half acre lying in the Ouldburry, forever

She was also mentioned in the will of her Aunt Elizabeth Higgins of 1665.[v]

Also I give and bequeath to Susanna the daugther of my brother John Smythsend Fower score pounds of current English mony.

Alsoe I give and bequeath to Susanna daughter of my said brother John Smythsend the bedd and beddstead in the great Chamber and the purple Curtaines and valaines and all other thinges thereunto belonging. Alsoe I give and bequeath to the said Susanna three paire of my largest flaxen sheets one dusson of dyaper Napkins one dyaper table cloth six redd leather chaires and two purple stooles.

Alsoe I give and bequeath unto the said Susanna daughter of my said brother John Smythsend her Executors and assignes all my estate right title interest tearme of yeares clayme or demand whatsoever in or to one half acre of pasture grounde lying in the Oldbury field in Tewkesbury aforesaid To have and to hold the said parcell of pasture ground with thappurenances unto the said Susanna Smythsend her Executors and assignes from and immediately after my decease unto thend & terme of Twelve yeares next ensueing to be compleat & ended.

Susanna may have married John Sextie a cheesemonger from Gloucester on the 25th March 1676.[vi]

Sarah Smithsend (c.1657). The daughter of John and Susanna. She was mentioned in the will of her Aunt Elizabeth Higgins in 1665.[vii]

I give and bequeath to Sarah daughter of my said brother John Smythsend Twenty pounds of current mony to be paid to them within six months next after my decease.

A Sarah Smithins married Edward James on the 19th April 1693 at Deerhurst (near Tewkesbury), this might be Sarah.

Children of Thomas and Anne c.1650

Thomas and Anne had four children. Their sons Richard and Nicholas were mariners with the Hudon's Bay Company and took part in dramatic events in Canada in the late 17th century.

Richard Smithsend (b.1652). The son of Thomas and Anne. He is mentioned in the will of his Aunt Elizabeth Higgins of 1665.[viii]

Alsoe I give and bequeath to Richard Smythsend sonne of my brother Thomas Smythsend and his heires and assignes for ever All that one third parte in three partes to be devided of all those my three messuages or tenements pigeon house gardens orchards backsides howse and outhowse buildings barnes and stables with their & every of their appurtenances together with one yard land thereunto belonging scytuate lying and being in Oxendon in the said County of Gloucester now in the several tennencies or occupacons of Elizabeth Portlogg widow, John Yeates, William Brittayne and Isaack Barker.

A Richard Smithsend, Mariner, aged 28, was listed on a Gloucester marriage allegation with Sarah Guy, aged 27, on the 17th August 1680, at Twining or Ashchurch. This may be the same person as the Richard Smithsend who married Anne Guy on the 19th August 1680 (despite the difference in the bride's name).

Richard appears to have died in New England, USA, as a Richard Smithsend was buried in Boston after 1660.

Richard Smithsend – Date unknown

Granary Burial Ground G/C 724

The Granary Burying Ground was established in 1660 and closed to burials in 1880.[ix]

Anne Smithsend (c.1655). The daugther of Thomas and Anne. She was mentioned in the will of her Aunt Elizabeth Higgins of 1665.[x]

 Alsoe I give and bequeath unto Anne Smythsend and Mary Smythsend daughters of my brother Thomas Smythsend Fifty pounds apeece of current English money to be paid unto them as they shall accomplish their several and respective adges of One and twenty yeares or be marryed which shall first happen together with the interest and encrease thereof from and after my decease.

Alsoe I give and bequeath all the rest of my lynnen wollen brasse pewter and all other my howsehold stuffe whatsoever not formerly disposed of unto the daughters of my brother Thomas Smythsend my brother John Smythsend and my brother Richard Smythsend to be equally devided betweene them.

Alsoe I give and bequeath to Anne Smythsend daughter of my said brother Thomas Smythsend All that tenement with thappurtenances lying in Tewkesbury aforesaid in a Lane there called Howell Lane in occupacon of one George Wyniall and all my estate right title interest tearme of yeares clayme and demand whatsoever in and to the said Anne To have and to hold the said Tenement with thappurtenances unto the said Anne Smythsend her Executors and assignes from & immediately after my decease unto thend & tearme of Twelve yeares then next following.

Nicholas Smithsend (c.1658). The son of Thomas and Anne. He was mentioned in the will of his Aunt in 1665.[xi]

And if it shall happen that both of them the said Anne and Mary shall dye before their said legacyes shall respectively become due then my will and meaning is that the legacyes or porcons of the said Anne and Mary amounting in the whole to One hundred pounds shall be paid to Nicholas Smythsend brother of the said Anne and Mary together with the interest benefitt and encrease thereof att such tyme as hee shall attain the adge of one and twenty yeares or be marryed.

Nicholas made a will in 1693 in this he mentions his sister Mary Smithsend, Executor Mary Smithsend, Overseer Nicholas Smithsend and Nicholas Smithsend of Fiddington, Uncle.[xii] We think that Nicholas was a mariner so this might be a will made before a tour at sea in 1695/1696.

Will of Nicholas Smithsend of Tewkesbury - 1693

 In the Name of God Amen. I Nicholas Smithsend of Tewkesbury in the County of Gloucestershire, Yeoman, being weake in body but of a diposing mind and memory (thanks be given to Almighty God) do here make my last will and testament this one and twentyeth day of February in the sixth year of the reigne of our Soveraine Lord and Lady King William and Queene Mary over England, yr, Anno Domini, 1693. In manner and forme following.

Ffirst and principally I comitt and Comend my Soule to Almighty God who gave itt hoping to attain the resurrection of the [ --- ] in and by and through the faith and passion meretts and mediation of my only Lord and Saviour, Jesus Christ. And my body to be decently buryed att the discretion of my friends. And for the temporall parte it hath pleased God to send me I dispose of itt as followeth.

Item. I give devise and bequeath unto my sister Mary Smithsend and her heirs forever all that my moiety or third part of the estates in Oxenton now in the occupation of Giles Barnard an Michaell Hobbs.

Item. I give devise and bequeath unto my said sister Mary Smithsend my tenement with thappurtenances in Tewkesbury aforesaid in a place called Howells Lane and now in the occupation of Betheridge Merry as tenant unto mee, to hold to her and her heires forever.

Item. All the rest of my goods Cattle and chattels whatsoever I give and bequeath unto my said sister Mary Smithsend whom I make and ordaine my whole and sole Executrix of this my last will and testament she paying my debts and funerall expenses and I do hereby renounce all former wills of mee made. And I do request my loving Uncles Mr Nicholas Smithsend of Fiddington and Mr Anthony Aston of Tewkesbury to be Overseers of this will for the good of my said sister.

In Witness whereof I have hereunto put my hand and seale the day and yeare ffirst above written.

Signed Sealed and published                                                    Nicholas Smithsend

in the presence of

Joseph Jeynes

Issak Richardes

John White?

Mary Smithsend (1661-1719). The daughter of Thomas and Anne. She was mentioned in the will of her Aunt Elizabeth Higgins in 1665.[xiii]

Alsoe I give and bequeath unto Anne Smythsend and Mary Smythsend daughters of my brother Thomas Smythsend Fifty pounds apeece of current English money to be paid unto them as they shall accomplish their several and respective adges of One and twenty yeares or be marryed which shall first happen together with the interest and encrease thereof from and after my decease.

She married John Lyes aged 25 in Tewkesbury on the 26th January 1695. Mary's age was given as 26.[xiv]

She is mentioned in the will of a cousin Thomas Smithsend of 1717. Thomas was the grandson of her Uncle Nicholas Smithsend. To Mary Lyes widow the sume of One Hundred and tenn pounds and interest. This was for the repayment of a debt.[xv]

Mary died on the 9th Septemeber 1719 aged 58. There are wills listed at the Gloucestershire record office for John Lyes, 1717, and Mary Lyes 1719. [xvi]

She appears on a memorial in Tewkesbury Abbey.

Here lyeth the Body of

Nich. Smithsend, of Walton Cardiff

who died Dec. 25 1627.

Elizabeth, his Wife,

died April 2nd. 1643.

Thomas, their son, died

April 18, 1665, Aged 48

Mary, Wife of John Lyes.

and Daughter of Thomas and

Ann Smithsend, died Sept. 9th, 1719

Aged 58

A lease dated 28th and 29th of July 1735 transferred land where a messuage formerly stood from James Lyes to Nicholas Smithsend for £9. This might be a son of Mary and John.[xvii]

Adventures of Richard and Nicholas in Canada

We have not certainly identified which Richard and Nicholas Smithsend were the mariners but the sons of Thomas and Anne (above) are the most likely candidates.  

The Smithsend mariners were brothers (see below) and the only other candidates are Richard (c.1653) and Nicholas Smithsend (1663-1730) who was a Maltser in Tewkesbury - the sons of Richard (1625-1697).

Richard Smithsend - Mariner

Richard Smithsend was an employee of the Hudson's Bay company and the Canadian Dictionary of Biography records him, in 1685, as one of the prisoners taken by the French in the straits of Hudson when the merchant ship 'Perpetuana' was captured.[xviii]

1685-07-00 Dans le détroit d'Hudson, des Français, commandés par Bermen de La Martinière "qui revenait de la baie avec deux navires en direction de Québec", s'emparent du navire Perpetuana Merchant et l'amènent à Québec. Parmi les prisonniers se trouve Richard SMITHSEND. (DBC, 1:625 et 626)

Another report describes how one night in July 1685 two French ships had approached and sunk the Hudson Bay Company's merchant ship Perpetuana. 14 men were thrown overboard and several others including Captain Hume and first mate Smithsend were captured for ransom or slavery and the French ships had sailed off towards Quebec. This was  reported by another Hudson Bay captain (Captain Outlaw) when he arrived at the Hudson Bay trading post on the Albany river a few days later.

In his dungeon below the Chateau St Louis in Quebec first mate Smithsend heard rumours of a French raid on the English forts (trading posts) in the Hudson bay to rescue the French diplomat Jean Pere (who had been imprisoned by the English because of the attack on the Perpetuana) and destroy the forts. Richard secretly managed to send a warning letter to England.

In 1686 at a meeting in London of the Hudson's Bay Company they read the letter from Richard Smithsend which disclosed the French plans for taking a trading post on the Nelson river.

1686-02-03 A Londres, lors d'une réunion du comité de la Hudson's Bay Company, on lit une lettre de Richard SMITHSEND, prisonnier à Québec, qui révèle des plans français pour s'emparer de Port Nelson. (DBC, 1:626)

Richard Smithsend was recorded in August 1686 in Quebec as an English prisoner departing for Martinique. The next sentence seems to suggest however that on the journey the ship arrived in error at Guadeloupe and the captain released all the English prisoners.

1686-08-00 A Québec, départ pour la Martinique du prisonnier anglais, employé de la Hudson's Bay Compagny, Richard SMITHSEND. Le capitaine du navire arrive par erreur en Guadeloupe où il relâche ses prisonniers anglais. (DBC, 1:626)

Here is Richard's statement made when he returned to England in 1686 presumably at a Company enquiry into the lost ship.

1686 February 15th Richard Smithsend Marriner aged Thirty foure years or there-abouts maketh oath that he was Master's mate of the Ship Perpetuana Merchant Edward Humes Mast^r who in ye year 1685 was sent by the Hudsons Bay Comp^a for Port Nelson & she ariveing in Hudsons Straites in July 1685 was there taken by 2 French vessels who alledged they had a comision for doeing Thereof from the Governor of Canada & they carried the said shipp & her men to Quebeck & there condemned & made Prize of her & her goods the goods were Praised at one Thousand pounds Sterling as one of the Praisers told him And this deponent & his Brother Nicholas Smithsend & John Morris were kept Prisoners in Quebeck for above Eleaven Monthes mostly with Bread & water, & one of the Canada Comp^a offered this deponent Seaventen Pistolls p month if he would goe in their Service.

That the 19, 20, 21st February 1685 (1686) about 250 French went from Quebeck with Carriages to take the English Factoryes in the Bottome of the Bay & the deponent was Informed y^t there was the Like number of Indians on the way to Joyne & assist them. That the 23 July 1686 newes came to Quebeck that the French yt soe went had taken 2 ffactoryes at the Bottome of the Bay from the English & that Govern^r Bridgar was taken & clapt in Irons hands & ffeete, & he and severall others were Bringing Prisoners to Quebeck, the next day an order was Published by the Govern^r forbidding all persons to talke or dis-course the takeing the said Factoryes under the Penalty of 200 Livers.

That the 25 Augst, 1686 this deponent & his said Companions were sent on Board the Shipp St. Peter to be carried to Martin Nico there to be kept Prisoners & by mistake of the Master the said Shipp mist the said Island & soe came to Guardo Lupo where the Govern^r discharged them & soe his companions went for Mevis & this deponent for Barbadoes & from thence he came for England where he arived Last Saturday night. That the Master of the said Shipp St. Peter put this deponent & his companions downe in the hold for one day & the deponent asking the Mast^r the Reason thereof he tould him it was because they should not see the 2 English Shipps that the French had taken in the Bottome of the Bay. And then were just come into Canada River with the English Beavor They had taken One of which shipps this Deponent beleives was Capt. Outlaws shipp called the Successe Blonging to ye English Comp^a

That the deponent enquiering of the Mast^r of the Said Shipp St. Peter what this deponent & his Companions must be done with., when they came to Martin Nico y^e said Mast^r Replyed that this deponent & his companions must Remaine there untill it were knowen whither what the ffrench had done to ye English would produce a Warr or not: & this deponent further sayes the French in Canada make preparations expecting a Warr will happen upon those their actions against the English.

Richard Smithsend

The Captain of the ship also made a statement which mentions Richard and his brother Nicholas.

Edward Humes of London Marriner aged thirty-five years or thereabouts late Master of the Pink or Vessell called the Perpetuana Merchant of the Burthen of sixty Touns or thereabouts who upon his Corporall Oath solemnely taken on the Holy Evangelists of Almighty God doth say and depose that being freighted by the Rt. Honb^le the Governour and Company of Adventurers of England trading into Hudson's Bay he departed with the said Vessell from the Port of London on or about the seaven and twentyeth of May last laden w^th divers goods merchandizes and provisions bound for Port Nelson in Hudson's Bay in prosecution of which voyage on the seaven and twentieth of July last being in the latitude of sixty two and an halfe off of Salisbury Island betwixt that and Diggses at the entrance into the said Bay he met with two french ships of Quebeck belonging to the french Canada Company each mounted with four Gunns and foure Petereroes both together manned with fifty odd men. One commanded by Captaine Peter Allemant and the other by Peter Moizant under the direction of Mons^r Martiniere Agent for the said Canada Company who came up with the said Vessell Perpetuana Merchant fired a Gun and commanded this Deponent Edward Humes to come on board them And he answering he could not by reason his boate was leaky they got in their sprit saile yards with designe to board the Deponent's Vessell who finding them to be french and not apprehending any seizure or ill treatment he caused his boate to be hoisted out and with two of his Company went on board the Vessell commanded by the said Peter Allemant -- And the said Edward Humes further sayth That being on board the said french Vessell having produced his Passe and conceiving they would have no just p^rtence against him demanded he might returne again on board his said Vessell and prosecuted his voyage w^ch they not onely refused but sent severall frenchmen on board the said Deponent's Vessell and tooke possession thereof outed most of the ship's company and put them on board the said french Vessells where they were kept prisoners. And the said Deponent demanding the reason of such seizure and detention they replyed that they had order from the french Canada Company to take all Vessells that should trade in the said Bay of Hudson. That two dayes after the seizure of the said Vessell they met with another ship in the service of the said Hudsons Bay Company commanded by Capt. Richard Lucas whom the said french comanders commanded to come on board which he refusing and keeping on his course they fired severall Gunnes at him and so left him. And the said Deponent further saith that the said French having thus seized upon and taken the said vessell Perpetuana Merchant and her Lading they carryed the same to the aforesaid place of Quebeck where the said Edward Humes this Deponent demanded Restitution of the said ship and Lading with satisfaction for the losses and damages sustained by the said detention. Yet notwithstanding all endeavours could get neither Restitution nor satisfaction. And the Deponent further saith that he with five more of his men were sent in the Canada Company's ships to Rochell in France but they detained his mate and two more of his men, viz^t Richard Smithson, Nicholas Smithson and John Morris as prisoners at Quebeck. And this Deponent having desired the Governour of Canada to discharge and release his said three men that they might returne home with him, He replyed that he would give his most Christian Majesty an Account thereof. And the Deponent being arrived at Rochell gott passage in an English Vessell for Dartmouth and from thence came to London.

Decimo February 1685/6

Edward Hume

Jurat fuit dius Edwardus Hume coram me

Rich. Lloyd

p^rsente me Tho: Bedford No^ris Pub^co dictae Curiae Registrary Deputato

Nicholas Smithsend - Mariner

Nicholas was working alongside his brother when the Perpetuna was captured in 1685 (see above) and was involved in another incident a few years later.

By 1695 the French were temporarily in control of the York Factory on the Nelson river but two English warships attacked the fort and took control of it again. This lead to the despatch of five French warships in August 1696.[xix] [xx]

Nicholas Smithsend in 1696/7 as the Captain of the Hudson's Bay company ship 'Royal Hudson's Bay'  was involved in an action off York Factory (Manitoba). Three ships, Dering, Royal Hudson's Bay, and Hampshire were attacked by several French ships. The Hampshire was rammed by the French ship Pelican and sunk and Nicholas surrendered the Royal Hudson's Bay without a fight. The French subsequently captured the Fort.

1697-08-26 Au large de Port-Nelson, deux navires de la Hudson's Bay Company attaquent Le Pélican, commandé par Pierre Le Moyne d'Iberville. Le Royal Hudson's Bay est perdu. Les Français s'emparent alors du fort York. Le Royal Hudson's Bay était commandé par Nicholas SMITHSEND, le Dering par Michael Grimington et le Hampshire par John Fletcher. «Grimington, s'échappant de justesse, revint en Angleterre avecneuf blessés à son bord. Le Hampshire fut coulé et le Royal Hudson's Bay capturé.» (Alice M. Johnson) (DBC, I:316-317; II:240 et 276)

1697-09-05 Au large de Port Nelson, Nicholas SMITHSEND rend aux mains de Le Moyne d'Iberville le navire qu'il commandait, le Royal Hudson's Bay, et ce sans combat. (DBC, 1:625)

A more detailed account is given in the Manitoba Historical Archives

Franco-Anglo conflict and Mabitobas only battle at sea

Over the next forty years, the Hudson's Bay Company established trading posts throughout northern Manitoba and the area around James Bay in what is now Ontario. Of course, the French considered Rupertsland to be their domain, and frequent conflicts erupted. Control of the fortified trading posts would alternate dependent upon who was more cunning at destroying the others' forts. While most skirmishes were on land, one dramatic sea battle raged off the coast of York Factory at the mouth of the Nelson River on September 5th of 1697.

Four French ships under the command of Pierre le Moyne, Sieur d'Iberville, were in pursuit of a small British fleet bound for York Factory. En route, d'Iberville's flagship the Pelican separated from the other three ships and sailed alone off York's rough and icy coast. Here three British ships including the British man-of-war, the Hampshire, lay waiting for the French offensive.

Without aid from the three missing French ships, d'lberville mounted a bold assault upon the Hampshire and sunk the man-of-war against terrific odds, drowning the 290 British seamen on board. Witnessing the horror of the attack, the captain of the Royal Hudson's Bay surrendered to d'Iberville while the third British ship, the Dering fled the battle for safer waters.

Still the gravest onslaught was yet to come.

Before d'Iberville could take possession of the defeated Royal Hudson's Bay, a terrible storm swept down upon the Bay. D'lberville's treasured vessel, the Pelican, could withstand the guns of war but not the ravages of an Arctic storm. Driven aground the Pelican was wrecked, drowning twenty-three French sailors off Manitoba's northern coast.  However, fate smiled again on d' Iberville when the storm abated and the three errant French ships appeared to the rescue. Facing further attack, York Factory surrendered to the French.

Another report says that:

The Royal Hudon's Bay was probably wrecked in or off the mouth of the Hayes river, for [Nicholas] Smithsend, her captain, and his crew got ashore on the east bank of that stream.

They then helped with the defence of York Factory as the following account shows.[xxi]

Diary of Henrey Kelsey mentions Nicholas Smithsend

 This account is by Henry Kelsey, who was in York Factory at the time it was taken. Kelsey did not see the naval battle between the Pelican and Hampshire, though he heard "several great guns" on the day it was fought, and he does not mention it except in a memorandum of his "abode in Hudson Bay", in which he says: "In 97 [I] was taken again when the Hampshire was lost.". The following is his daily journal at York Factory, from the time of the arrival of the first French ship (the Pelican) on September 4 until the fort was surrendered on September 13.

Wednesday (August) ye 25th. wind Wterly Blowing rainy weather. Last night clear. To day more hands went to lye out in our marsh in 2 tents a goose hunting & some hands went up ye river to make charcoal but seeing a ship at 10 in ye morng, all ye hands return'd home. Ye govr. sent me & eight hands to ye marsh to lye till we knew wt ye ship was or untill further orders.

Thursday ye 26th Clear Weather. wind ditto. This morng. 4 a Clock our 2 pinnaces man'd went to see to make ye ship. He hoisting a red Ensign at his maintopmast head but showed no other colours our boats returned. We seeing 3 ships more in the offin I sent one hand to ye fort to give ye govr. notice so came away with ye shallop along with ye pinnaces. Meeting ye hand I had sent who brought orders for him & 2 more to return to ye marsh & I with ye others to go home. Had not been long there but saw a boat come from ye french creek so man'd ye 2 pinnaces went after her. I likewise running down along shore. She put back again. Our boats could not come up with them it being almost high water & a fresh gale. Left their chase & return'd. I also meeting those 3 men yt was in ye marsh who said they saw men landed in ye marsh so we return'd wth ym all except one hand wch parted from ym into ye woods when ye french boats was near this side, who came home after us. And ye ship wch rid of ye river wheiged & run of to sea after wch we heard several great guns. At four afternoon Mr. bishop wth 10 men more went to ye point of ye marsh to ye shore.

friday ye 27th fresh gales Northerly, Cloud. This morng. 2 clock saw a cannoe at wch fired some muskets. Our people say'd they saw a fire at ye back of ye fort to day. At 10 ye ships weighed from ye mouth of portnelson & stood for this river being only two. At one a clock one came to anchor of our rivers mouth & fired 2 guns, his boat came of from ye fourteens & went aboard. We fired one gun by consent for our men to come home wch they did. About five afternoon ye other ship came to anchor of ye point of ye marsh. To day broke up 2 chest of guns & loaded ym & those remaining in ye trading room in all about a hundred. Last night watcht 5 & 6 men in a watch 2 hours.

Saturday ye 28th fresh gales NoEt. Last night watcht 10 in a watch 3 hours each. About one this morng. our men said they saw men near ye palasadoes at wch they fired some small arms. About noon it blowed very hard Do. wth rain hail & snow in so much yt ye Albermarle drove & our Deerings pinnace sunk at her moorings. Ores & all things went a drift could not launch a boat to fetch ym.

Sunday ye 29th fresh gale Notherly. This morng. half foot snow on ye ground. Saw one of ye ships drove a shore in ye marsh ye other not in sight. Our people went down along shore to see for our pinnaces ores. Found 6 of ye frenches ores & some rack. Att 11 forenoon man'd ye Seafords pinnace, Mr. Bishop & 9 more in her went to look on ye ship, but 2 boats coming round ye point before he gott down they sent to ye ship & fetcht more men so he lay a considerable time, afterwards returnd said they were loaden wth goods. His spritsail has been loose all day. One hand came to ye woods Edge & fir'd 3 times at which we fired small arms.

Munday ye 30th moderate gales between ye No & ye Wt. Frost this morng. 5 a clock their boat went from ye place where they landed there goods round to ye ships. About 9 forenoon saw 3 ships more in sight. At half Eb a boat came from ye ships in ye offing to sheaground. One cannoe came down ye river.

Tuesday ye 31st fair weather., wind ditto. This morng. they landed many men & came nearer ye fort at wch we fired several great guns & ye great morter once. About 9 forenoon a cannoe came from tother side wth capt. smithson who gave an accot. of 16 or 18 men of his on tother side, so went wth a pinnace & 2 cannoes Mr. Newton in one & I in ye other. In coming back Mr. Newton was shott in ye belly from ye woods Edge & kept fireing at their small arms at ye fort & we at them; now & then a great gun. Rewarded ye Indians for Bringing capt. smithson, traded ye others Beavr. & sent ym away. Watcht half watch this Eveng. Ye 2 ships came in to lower five fathom hole.

Wednesday ye 1st Sept. fair weather. wind Wterly. Several small arms fired on both sides. To day came 2 french men wth a flag of truce to demand ye 3 prisoners wch we would not grant. Mr. Newton dyed at 4 morng.

Thursday ye 2d fine weathr. small Breezes So Wt. They begun to play their morter hove 4 shells then came wth a flag of truce to demand ye fort. Being denyed went their way & fired again till they had hove 15 & we fourteen. Then came again telling us we should have no quarters. We told ym if they would not allow us time to consider we would have none. So ye Govr. drew up a paper & brought on ye platform to satisfie ye men; they should have every one a years pay gratis if they would sign ye same & we kept ye fort. Some did signe others not & said would not sell their lives for a little money. So sent our articles & in ye Eveng. I Mr. Bishop Mr. Clark went to their camp to hear their final ansr. So deberveal writt his resolution demanded ye fort by one a clock ye next day & our answer by 8 in ye morng.

friday ye 3d fair weathr. wind ditto. Finding such great force as nine hundred men, & ye ill tidings of our own ships concluded could not keep it & so agreed to ye articles aforesign'd by monseir & ye Govr. & marcht out by one a clock & ye french took possession of ye fort. This being ye end of a Tedious winter & tragical Journal by me Henry Kelsey.

On September 20, 1697, only a few days after Iberville had taken possession of York Factory for the French, the Peace of Ryswick was signed between the English and the French sovereigns, providing that each nation should occupy the territory possessed at the time of the signing of the treaty. This left the French in possession of York, and the English in possession of Albany. [xxii] [xxiii]