Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the third day of September J^aj vi^c nyntie Six yeirs

D1696/9/2

D1696/9/2¹

Act

Act Mr Charles Falconer

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr Charles Fallconer Chirurgion That wher his name is wnhappielie insert in the List of Captaine Eveys accomplices contained in ther Lordships proclamatione for seazeing and apprehending him and them wher they may be fownd The plaine trwth of his caise is Shorlly Thws That the petitioner was engadged and imployed as chirurgion in ane English Shipp with thrie others being come upon a privat adventure to Corona in Spaine ther happened a wicked combinatione and conspiracie amongest the companyes of the Saids Shipps consisting of Diverse nationes to which the petitioner was not in the Least privie nor had he any knouledge of it untill it breakes owt as followes Viz that one night the petitioner was in the Cabine with the Said Captaine Gibsone anointing his temples because of a litle indispositione with the oyll of amber when George Drapper the Captains Servant come in and reparted that the Irish were come to man and take away the Shipp by force which was imediatly Seconded by a cry from aboard and the cabine door Shutt wherby the Captaine and the said George Draper and John Divan and the petitioner himself were kept as prisoners but the noise increasceing and gwns fireing from the Shoar and neighboureing vessells The petitioner Satt Downe to read on his bible by candlelight But the Captaine Saying that the light would give ane aim for the Shott they heard from the Shoar The Candle was removed And the Shotts continueing the petitioner moved to the Captaine that it were fitt that he had the Dressings and plate fwrme readie Least any of ther men Should be wounded which the Captaine haveing ordered the petitioner knocked at the cabine door and called from within to Lett owt the chirurgione And then he with John Divan went Downe to the hold and ordered the pate furime and dressing but one calling they were carieing away the Shipp And that Captaine Gibsone was goeing ashoar The petitioner ansuered that he would goe with him and goeing to the chirurgions cabine the petitioner took owt of his chist Some cloathes and money and threw Downe the key to John Divan and desyred him to take what was in his chist if he Should not Sie him againe And then went to the great cabine to goe ashoar with Captaine Gibsone But Some meeting him told him he must stay and made him goe on the qwarter deck And in the mean tyme others called wher is the doctor (for so they named the petitioner) Secure him and in this they were soe earnest that they went with pistolls and searched for him in the boatt wher the Captaine was entered untill They called againe from the Shipp that the petitioner was Still aboard And in the meantyme The rabble was cutt and the Shipp wnder Saill All which Captaine Gibsone if returned to England uill declaire upon oath And furder because the petitioner was plainly Surprized and forced as said is Captaine Every who happened to command the Shipp that was seazed gave the petitioner a certificat at his desyre declaireing he was caried away and detained by force Dureing the tyme he was aboard As the said certificat therwith prodwced bears Lykeas so soon as the petitioner arryved in Brittaine he went Straight to London hopeing to have gott himself cleared by Captaine Gibsone But finding that he was gone to the straits he resolved qwietly to waite his retwrne And Seing that this narrative is the plaine trweth attested as above And which Captaine Gibsone will certainly confirme And furder that the petitioners very imployment as chirurgione may satisfie all that, that company would not pairt with him a persone So necessary in the daingers they were resolved to rwn And that the petitioner would be als Litle allowed by them to have any hand in ther violent and hazardows attempts And Lastly that he can purge himself by his great oath that he was whollie innocent both of the first force and all that enswed And the petitioners is therupon willing to render himself into ther Lordships protectione and Justice And therfor humblie craveing to the effect eftermentioned as the said petitione bears The Saids Lords of his majesties privie Counsell Haveing considered the above petitione they heirby grant ther protectione to the petitioner And discharges All and everie persone ordered to execute the proclamatione emitted against the pirratt Every and his accomplices to Seaze upon trouble or molest the said Mr Charles notwithstanding that his name be insert in the proclamatione emitted against Captaine Every and his accomplices In respect the petitioner hes given bond and fownd Sufficient cautione acted in the books of privie Counsell that he Shall appeare befor the saids Lords of privie Cownsell and ansuer when called wnder the penalty of Ane Thowsand merks Scotts money