Warrant, 30 October 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Edinburgh the 30th October 1704

D1704/10/51

Warrant

Warrand for setting Gerard Druiver Lievtennant of the privateir at libertie upon his giving bond for 100 livres sterling that Mr Gray shall be leased and have a sufficient pass from Dunkirk

Anent the petition given in and presented to the Lords of her Majesties privy Councill by Jacobus Soetany Captain of the Marmedon privateir, Shewing that wher I my Leivtennant and Mate and Detained prisoners in the Tolbooth of Edinburgh till the petitioners find Caution under the penaltie of four hunder pound sterling that Robert Gray and his two men prisoners at Dunkirk be released, the finding of which Caution is a thing altogether impracticable for me to doe, and therfore He most humbly represented to their Lordships That all He could prevaill with his acquaintances heire to baill him for is two hunder pound Sterling, Which baill he was instantly content to find, and in Corroboration therof to leave his Leivetennant and Mate prisoners till he return ane Certificat of Mr Grayes Liberation provyding they be instantly liberated upon return of these Certificats, He begged likewayes leave to represent to their Lordships that of the allowance granted by their Lordships for their Subsistance while in prison They had not gott one farthing these two Months and ane halfe which renders their present Circumstances almost insupportable being meer Strangers in the place without access to their own Countrey for releife and destitute of friends to advance for them, In consideration of all which, and therfore Creaving their Lordships to take the premisses to their serious Consideration, and to allow him the said Captain his libertie to return hom to his own Countrie and grant him sufficient pasport for that effect Upon his granting Bond and finding Caution under the penalty of one hunder pound sterling to procure Mr Gray, and his two men their liberty and his leaving his Leivetennant and Mate prisoners in Corroboration of his said bond, or if that does not please that their Lordships would sett his Leivetennant and Mate at Libertie to return home to negotiat Mr Gray’s Liberation and Detain him till their Lordships be certiorat that he is att Libertie, and in either of the causes that it may please their Lordships to order the allowance granted to them by their Lordships for their subsistance to be payed instantly up to them that so they may clear what hath been advanced to them in the place on the faith of the same, as the said petition bears. The Lords of her Majesties privy Councill having Considered the petition Given in to them by Jacobus Soetany Captain of the Marmedon privateir 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 sett the persone of Gerard Druiver the petitioners Leivetennant at Libertie and allow him to returne to Dunkirk free of trouble or molestation upon the said Captain his giving bond and finding sufficient Caution Under the penalty of one hundred pound Sterling that betwixt and the first day of January nixt to come the said Leivetennant shall procure Robert Gray Skipper in Leith and his two men now prisoners in Dunkirk ther Libertie and that free of Ransome, with Sufficient passport to goe about their lawfull affairs, and to return for Scotland, and so soon, as the said Robert Gray and his two men ther being at Liberty free of Ransome as said is sufficiently instructed heire by valid Certificats, Ordains the Magistrats of Edinburgh and Keepers of their said Tolbooth to sett the petitioner and his Majestie at Liberty furth therof with full freedome to return home to their own Countrey without any trouble and appoynts and ordains the Receivers of her Majesties Rents and Revenues instantly to make payment to the petitioner and other French prisoner the allowance formerly allowed them for all the Dayes they have been in prison Resting owing to them and weekly in tyme Comeing during their Continuance there Conform to the precepts drawen by the Lords of Thesaury for that effect.

Edinburgh the 30th October 1704

D1704/10/51

Warrant

Warrand for setting Gerard Druiver Lievtennant of the privateir at libertie upon his giving bond for 100 livres sterling that Mr Gray shall be leased and have a sufficient pass from Dunkirk

Anent the petition given in and presented to the Lords of her Majesties privy Councill by Jacobus Soetany Captain of the Marmedon privateir, Shewing that wher I my Leivtennant and Mate and Detained prisoners in the Tolbooth of Edinburgh till the petitioners find Caution under the penaltie of four hunder pound sterling that Robert Gray and his two men prisoners at Dunkirk be released, the finding of which Caution is a thing altogether impracticable for me to doe, and therfore He most humbly represented to their Lordships That all He could prevaill with his acquaintances heire to baill him for is two hunder pound Sterling, Which baill he was instantly content to find, and in Corroboration therof to leave his Leivetennant and Mate prisoners till he return ane Certificat of Mr Grayes Liberation provyding they be instantly liberated upon return of these Certificats, He begged likewayes leave to represent to their Lordships that of the allowance granted by their Lordships for their Subsistance while in prison They had not gott one farthing these two Months and ane halfe which renders their present Circumstances almost insupportable being meer Strangers in the place without access to their own Countrey for releife and destitute of friends to advance for them, In consideration of all which, and therfore Creaving their Lordships to take the premisses to their serious Consideration, and to allow him the said Captain his libertie to return hom to his own Countrie and grant him sufficient pasport for that effect Upon his granting Bond and finding Caution under the penalty of one hunder pound sterling to procure Mr Gray, and his two men their liberty and his leaving his Leivetennant and Mate prisoners in Corroboration of his said bond, or if that does not please that their Lordships would sett his Leivetennant and Mate at Libertie to return home to negotiat Mr Gray’s Liberation and Detain him till their Lordships be certiorat that he is att Libertie, and in either of the causes that it may please their Lordships to order the allowance granted to them by their Lordships for their subsistance to be payed instantly up to them that so they may clear what hath been advanced to them in the place on the faith of the same, as the said petition bears. The Lords of her Majesties privy Councill having Considered the petition Given in to them by Jacobus Soetany Captain of the Marmedon privateir 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 sett the persone of Gerard Druiver the petitioners Leivetennant at Libertie and allow him to returne to Dunkirk free of trouble or molestation upon the said Captain his giving bond and finding sufficient Caution Under the penalty of one hundred pound Sterling that betwixt and the first day of January nixt to come the said Leivetennant shall procure Robert Gray Skipper in Leith and his two men now prisoners in Dunkirk ther Libertie and that free of Ransome, with Sufficient passport to goe about their lawfull affairs, and to return for Scotland, and so soon, as the said Robert Gray and his two men ther being at Liberty free of Ransome as said is sufficiently instructed heire by valid Certificats, Ordains the Magistrats of Edinburgh and Keepers of their said Tolbooth to sett the petitioner and his Majestie at Liberty furth therof with full freedome to return home to their own Countrey without any trouble and appoynts and ordains the Receivers of her Majesties Rents and Revenues instantly to make payment to the petitioner and other French prisoner the allowance formerly allowed them for all the Dayes they have been in prison Resting owing to them and weekly in tyme Comeing during their Continuance there Conform to the precepts drawen by the Lords of Thesaury for that effect.

1. NRS, PC2/28, 297r-298r.

1. NRS, PC2/28, 297r-298r.