A ship was captured by pirates, who were after-wards overcome by their prisoners. The ship found still to belong to the original owners.
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Anent the action pursued by a Frenchman against certain Scotsmen, who had a ship in the haven of Leith, which ship the Frenchman, being in the said haven, alleged to pertain to him, and spuilzied from him by certain pirates, desired the Scotsmen, defenders, to render to him the said ship. It was alleged by the defenders, that the pirates who took the said ship from the pursuer, came in the same ship upon the defenders, being in another ship of a Scots merchant, and spuilzied them of all their goods, and took them prisoners, and put them in the said pirates ship, now claimed by the said pursuer; and they remained till it happened that the most part of the said pirates went upon land, and left a small number to keep the said ship, and the said prisoners the defenders, perceiving that there was no greater number of the said pirates than they that were prisoners, they gave it the hazard, and overthrew the said pirates left in the said ship, and cut the cable, pulled up sail, and brought the said ship away; and, therefore, because the said ship was spuilzied from the owner thereof, now pursuer, by the said pirates, and clean tint from the owner, and the said defenders had hazarded their lives in bringing away the said ship, they were not obliged to render again the ship to the pursuer; which allegeance of the defenders was repelled. Also, it was alleged by the said defenders, that because the said pirates being in the said ship, spuilzied the defenders of their ship, and other merchant goods, and that they should not render the said ship again, unless the pursuer would recompence them of their goods, and their ship spuilzied by the said pirates, being in the ship now pursued; which allegeance was, in like manner, repelled by the Lords. 3dly, It was alleged by the defenders, That at least they should have their whole expenses that they had made upon the said ship, from the time that they took her from the said pirates till they had brought her from the haven of Leith, and upon the beating and reformation of her sinsyne. It was ordained by the Lords, that they should give in the manner of their expenses, and quantity thereof, that the Lords might be advised thereof, and thereafter they should have an answer.
