Act, 28 December 1693, Edinburgh

Eodem die Post meridiem

D1693/3/21

D1693/3/21¹

Act

Act The Ladie Gatgirth

Anent a Petition given in to the Lords of their majesties privy Councill be Mistress Margrat Montgomry Ladie Gatgirth Shewing That the estate of John Chalmer of Gatgirth her husband being overburdained and exhausted with his predicessors debt and his escheat being fallen The Laird of Cessnock by a signatur under his Majesties oun hand has obtained the gift therof, And the same being presented to be post in exchequer their Lordships upon the Considerationes represented be the petitioner were pleased to burdein the said gift of her husbands Lyfrent escheat with ane yearly aliement of ane thousand merks for mantaineing her and her Childrein besyde the use of the house and yeards of Gatgirth, And Ordained the first years payment to be at Whitsunday J^aj vj^c nyntie two years for the cropt J^aj vj^c nyntie one and so furth yearly dureing her husbands lifetyme But she hade yet been deprived of the benefite of the said interloquitor by reason that ther husbands Creditors are not ranked in the backbond to be given by the Donator and the gift is not exped, and the rents Ly affected with incumberances And she haveing lately applyed to the saids Lords of thesaurie and exchequer, They were pleased by a deliverance to recomend the petitioner to the saids Lords for making the said aliement effectuall untill the gift be exped and declared, And that for bygones and in tyme comeing And Therfore Humbly Craveing That the saids Lords would take her hard circumstances to their consideratione, Togither with the saids two acts of exchequer therwith produced And ordaine the forsaid aliementary provision of ane thousand merks to be payed to her yearly the saids two years bygone and in tyme comeing be the tenants of the Estate of Gatgirth Especially seing her familly was in a very necessitous conditione And the Clerks have gotten and in the event may gett very considerable advantage by her contract of mariadge wherby she is provyded to two Thousand merks yearly of Joyntur as the saids acts bears The Lords of their majesties privy Councill, Haveing Considered a petition given in to them be Mistres Margrat Montgomrie Lady Gatgirth with two severall acts of the Lords Commissioners of their Majesties thesaurie mentioned therin and produced therwith, one which bears that ther was ane offeir made be the Old Ladie Gatgirth and the petitioner to restrict their Lyfrents to the old barronie of Gatgirth, And that the petitioners husband offerred to Dispone all the rest of his estate to his Creditors They Restricting their dilligences to the remanent of his estate and leaveing the barronie of Gatgirth frie for preserveing the Memory of the familly They heirby Allow the petitioner the use and benefite of the house and yeards of Gatgirth And the Soume of Ane Thousand merks of aliement yearly for mantaineing her and her Cheldrein besydes the use of the house and yeards of Gatfirth And Decernes and Ordaines the tenants and possessors of the estate of Gatgirth To make payment to the petitioner of the said aliement of Ane Thousand merks yearly for mantaineing her and her familly and that out of the first and readiest of the rents payable be them for the cropts and years J^aj vj^c nyntie one and J^aj vj^c nyntie two and yearly therafter dureing her husbands Lifetime, at least untill the said gift of Escheat be Declared or the offer abovementioned of the said aliement being all wayes first come and bypast And Ordaines letters of horning one Fiftein dayes to be direct at the instance of the petitioners against the tenants of the said estate whose names and proportion of rents are to be Condescended one by the petitioner giveing out the horning.