In the same memorandum the Kirke family complained of the fact that the Company of English Adventurers had been compelled to plead in France, while the French were not subject to the same conditions.  This accusation was not correct, as Guillaume de Caen had been obliged not only to live in London in order to vindicate his goods, but also to watch them and prevent damage.

Kirke had no other claim than compensation for losses, and de Caen, who had apparently no responsibility for the conflict of 1629, could not reasonably be expected to pay the amount of Kirke’s claim.  The contents of the storehouse at Quebec were the property of the de Caens, and in visiting Quebec Emery de Caen had no other object in view than to secure his goods and take them to France.  He had nothing to do with the war, and believed that he was sailing in times of peace.  Thomas Kirke, by whom he was taken prisoner, treated him as a pirate, illegally, and in spite of the Treaty of Suze.  It is true that the Kirkes ignored the existence of this treaty when they sailed for America, but this was only an excuse for their attitude as belligerents.

As soon as the provisions of the negotiations were determined upon between the two countries, the claims had to be sent to the king, if they considered that they had any grievance under the privileges conferred upon them by letters of marque.  The royal commission took a correct stand in demanding from them in the name of Charles I an indemnity for France.  All these differences were at length terminated through the energetic interference of Richelieu.  These disputes had lasted for more than two years, and constantly occupied the attention of the ambassadors.  The king of France, therefore, empowered Bullion and Bouthillier on January 25th, 1632, to act.  Charles I had already sent Burlamachi to France with letters in favour of the restoration of Canada and Acadia, and had also given instructions to Sir Isaac Wake, his ambassador extraordinary.  On March 5th, Louis XIII granted an audience to the ambassadors, and the basis of a treaty was agreed upon.  Sir Isaac Wake represented Charles I, and Bullion and Bouthillier represented the king of France.

The commissioners took up the question of seizures, which was the most difficult.  The king of France agreed to pay the sum of sixty-four thousand two hundred and forty-six pounds to Lumagne and Vanelly for the goods seized on the Jacques, and sixty-nine thousand eight hundred and sixty-six pounds for the goods seized on the Benediction, and to restore these two vessels to their owners within fifteen days.  This agreement included the effects taken from the Bride, and sold at Calais, the property of Lumagne and Vanelly.  The king of England promised to render and restore all the places occupied by the subjects of His Majesty of Great Britain in New France, Canada and Acadia, and to enjoin all those who commanded at Port Royal, at the fort of Quebec and at Cape Breton, to put these places in the hands of those whom it shall please His Majesty, eight days after notice given to the officers named by the king of France.