Procedure, 19 December 1704, Edinburgh

Edinburgh the 4th September 1704

D1704/9/4

D1704/9/4¹

Act

Act In favours of Robert Gray

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Robert Gray younger Skipper in Leith for present prisoner in Dunkirk, Shewing that wher the petitioner did represent to their Lordships upon Wednesday last by ane petition that He and two of his men being coming from Dantzick with his Ship and Loadning to Aberdein was taken by a French privateir and was carried to Dunkirk, and ther is detained with his ship Loadning and two of his men, and their Lordships having by their warrand dated the said thirtieth day of August last appoynted and ordained Jacobus Soetanii Captain of the French Privateir first taken by Captain Thomas Gordon in Scotland with two of his men to be sett at liberty, Furth of the Tolbooth of Edinburgh, with full freedome to go about their lawfull affairs and to return to France upon the Captain and his Doers their giving Bond and finding sufficient Caution acted in their Lordships books, That the petitioner, and two of his Men lying in Dunkirk might Speedily be released, and have a sufficient and valid pass to go to Scotland, and that under the penalty of four hunder pound Sterling in caise the Captain fail in the premisses, and ordained the Keeper of the Tolbooth to sett them at Liberty, upon their finding Caution as said is, and the said Captain having refused and failzied to give bond and find Caution in the terms forsaid although he ingadged so to doe befor I applyed first to their Lordships In respect he hears that ther is a warrand from their Lordships for sending the haill French prisoners to Newcastle wher he will be exchanged ortherwayes without exception of the said Captain and two of his men whom their Lordships by the forsaid speciall warrand, In my favours ordained, only to be sett at Libertie upon their finding Caution as said is. By vertue of which generall warrand, The keeper of the Tolbooth intends to let the said Captain and his two men go with the rest of the French prisoners, without regard to the forsaid speciall warrand in my favoures, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of Her Majesties privie Councill having considered the above petition given in to them by Robert Gray younger Skipper in Leith, for present prisoner in Dunkirk and the Samen being read in their presence, The saids Lords doe heirby appoynt and ordain the Magistrats of Edinburgh and keepers of their Tolbooth to keep hodl and detain the persons of Jacobus Soetany Captain of the French privateir first taken by Captain Thomas Gordon in Scotland, and two of his men viz Gerard Druive and Jacob Strobbe prisoners in their Tolbooth of Edinburgh untill the said Captain give Bond and find Sufficient Caution acted in the books of privy Councill That the petitioner and two of his men lying in Dunkirk shall be Speedily released and have a sufficient and valid pass to goe to Scotland, and that under the penalty of Four hundereth pound Sterling, In caice the Captain faill in the premisses or at least untill by sufficient testificats from France it be made appear that the petitioner and his two Men are sett at Liberty and have a valid pass to go to Scotland without trouble or molestation and in either of the two caices the saids Lords doe heirby Give order and warrant to the Magistrats of Edinburgh and Keepers of their Tolbooth To Sett the said Jacobus Soetany with his said two men at Libertie furth of their Tolbooth, and that without payment of house dues with full libertie and freedome to them to goe about their lawfull affairs, and return to France without trouble or molestation.