Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday the 8th August 1695

D1695/8/18

D1695/8/18¹

Act

Act Mr Mongo Carnegie

Anent the petition given in to the Lords of his Majesties privy Councill be Mr Mongo Carnegie factor appointed by the saids Lords for the estate of Arbuthnot Shewing That upon debate betwixt the late Viscountess of Arbuthnot and Arbuthnot of Knox before the saids Lords They appointed him ane factor for the rents J^aj vi^c Nyntie four of the estate of Arbuthnot with power to him to intromitt therwith and dispose therupon, And to hold Courts therfor, and obleidged the petitioner to pay the aliements to the Cheldreen with the annualrents and publict burdeins and to hold compt, according wherunto the petitioner found suficient Caution And be vertue of their Lordships Commission Legally Secured the victuall in the Girnells and sold the Same to Merchants But was prevented in the delivery by George Auchterlony and Robert Arbuthnot merchants in Montross who pretending they hade bought the Same from Alexander Innes Servitor to the deceast Viscount brock in upon it and Carried the same privitely away without his knowledge wherby he not only incurred the penalties of the Contacts entered into be him with other merchants, But also is refused payment from the saids George Auchterlony and Robert Arbuthnot at four pund Six Shilling Eight penies per boll of the meall and Seven weeks per boll of bear at which rate the petitioner sold what he intromitted with, Wherfore he was necessitate to pursue the saids Auchterlony Arbuthnot and Innes before ther Lordships for their wrongeous and unwarrantable takeing away of the said victuall by Spulzie or other Clandastine ways That they might have been decerned to make payment to the petitioner and punished for ther transgressions as Contemners of their Lordships authoritie, But ther being Litle time for such processes Ther Lordships were pleased to remitt the Spulzie to the Session As to which in all duty the petitioner Submitts But ask Liberty to represent that he was never Ambitious of this trust And am most unwilling² to to incurr the Character of being troublsome to their Lordships; or griviceus to the petitioners Nighbours, Yet seing by Commissione he and his Cautioners are Lyable to the Cheldreens aliement publict burdens, annualrents of debts Ministers Stipends and others therin mentioned, And yet the petitioner Cannot have the effects of the estate but by persute before the Session in Comuni forma And Therfore humbly Craveing that the saids Lords would be pleased Either to Grant Letters of horning at the petitioners instance against the fornamed persons for payment of the victuall intromitted with by them at the rates forsaid Or disburden him and his Cautioners of their factory and find the petitioner only Lyable for his actuall intromissions as the said petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Mr Mongo Carnegie They heirby Give Order and Warrand to their Clerks to give out letters of horning at the petitioners instance against the persones abovenamed for payment of the victuall intromitted with by them at the rates therin specified upon fiftein dayes warning.