“6. By vertue of which Commission, Sir _Lewis Kirk_ and his Brother _John Kirk_, and his Associates, in the Moneth of _February_ next following, _viz._ in 1633. set forth a Ship call’d _The Merry Fortune_, Laden with Goods of a considerable value, consign’d to those parts, where during her Trading there, without any just offence given; and in time of Peace, she was by the _French_ forceably seiz’d on, and carry’d into _France_ and her Lading, as if she had been lawful Prize, Confiscated; whereupon the _Kirks_ suffer’d loss, to the value of twelve thousand Pounds. And although the Lord _Scudamore_, Ambassador in _France_, by the King of _Englands_ special Command, and the said _John Kirk_ being there in Person, by the King’s Command, did often earnestly urge, that the Moneys due to the said _Kirks_, and the said Ship, with her Lading, might be restor’d, which for no other cause had been seiz’d upon and sold, but only for that by the King’s Commission she was found Trading at _Canada_; yet he could obtain nothing, but after some years fruitless endeavors return’d into _England_ without accomplishing his desires. “7. In the year 1654. _Cromwel_, although an unjust Usurper of the Government, yet upon consideration of the Premises, taking a just occasion for requiring the Possession of _L’Accadie_, sends forth several Ships under the Command of one _Sedgwick_, who by vertue of the Authority granted him by _Cromwel_, assaulted and subdu’d the aforesaid Forts in _Nova Scotia_, and restor’d them into the Possession of the _English_: And although in the year 1655. a League of firm Peace and Amity being concluded between _Cromwel_ and the _French_ King, the _French_ Ambassador did often urge the Restitution to the Possession of the _French_; yet for the same causes aforesaid, which had mov’d _Cromwel_ to seize upon them, it was thought fit still to retain the Possession of them; and although according to the purport of the twenty fifth Article of the Peace, Commissioners on both sides were to be appointed for the deciding and determining that Controversie; yet nothing was done therein, neither did the Commissioners ever meet within three Moneths, as in the twenty fourth Article of the Treaty was provided and agreed: So that now the case is very clear, that the Possession to the _English_ remains firm and just, and that the Forts and Bulwarks before specifi’d, are without all peradventure under the Power and Jurisdiction of the King of _England_.”