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Elizabeth Stewart married David Lindsay

Elizabeth married Robert Erskine 12th Earl of Mar 6th Great Grandfathers daughter married 5th Baron of Rosslyn

Thomas 13th Earl of Mar

Alexander 14th Earl of Mar

Robert 15th Earl of Mar

John 17th Earl of Mar

Alexander

George

Margaret married Sir John Mackenzie of Tarbat Baronet  Erskines.pdf                                       BARON

 

BARONERSKINES OF DUN

Thomas Charter, King Robert II 8/11/1376

I John Charter King Robert III 25/10/1393

II Alexander

III John Charter King James II 28/1/1449

IIII John

2 John

V John                                                                                                                   TROTTERNISH BARONETS SKYE

VI Robert                       SLEAT BARONETS SKYE                                              Kenneth  Bt. Kintail 1608                                Roderick Mackenzie Tarbat 1st Bt.      

VII John                        Donald Gorme OG * Janet Mackenzie                             Colin 1st Earl                                                   George  2nd Earl Seaforth                           John mackenzie Tarbat 2nd Bt. *  MargaretERSKINE

VIII David                      James * Margaret Mackenzie                                           Janet * Donald MacDonald Sleat                   Kenneth 3rd Earl Seaforth                         Alexander  

VIIII Alexander              Donald  MacDonald                                                           Alexander MacDonald  Sleat                          Colonel Alexander                                      John      

X David                         James   MacDonald                                                          Isabell MacDonald * Donald Martin                Major William                                               Alexander  

AnnERSKINE * Alexander MacDonald 14th Sleat Isle of Skye 7th Bart.              Rev. Donald Martin  IX Kilmuir Skye                                                                                   Robert

Alexander * Mary Montgomerie                                           Jane Maria Paton  *  Sir Dr James Ranald Martin X                                                                                              Alexander Heir General to 1st Earl of Cromarty 1826 

                                                                                                   born 1810                 born 1791 Beallach Skye

         cctv nicholson.png                                                        Jane, visited Napoleon Elba, S t Helens under guardian Marshal Bertrand                                                                        

 

 

 

 

SERVICE OF HEIRS ALEXANDER MACKENZIE OF TARBAT ROYSTON CROMARTY SKYE HEIR GENERAL TO EARL OF CROMARTY

 

Creation of Kenneth McKeinzie of Cromarty as Baronet


NAS02023 C2-80-96-00150A


Diploma Magistri Kennethi McKeinzie de Cromartie

de Titulo et dignitate Militis Baronetti


Anna Dei gratia magnæ Britanniæ Franciæ et Hiberniæ Regina fideiq[ue] Defensor

Omnibus probis Hominibus ad quos præsentes Literæ nostræ pervenerint Salutem

Quandoquidem Nos Considerantes virtutem et valorem et Magnanimitatem nullo modo melius promoveri et indulgeri posse

Quam generosos titulis honoris et dignitatis imbuere Quibus ad actiones nobiles et insignes prestandas moveantur

Nosq[ue] in memoriam revocantes nostrum Avum Carolum primum Regem æternæ beatæq[ue] memoriæ ob insignia bona et grata servitia per quondam Dominum Joannem McKeinzie de Tarbat pro commodo et incremento Coloniarum in America et Alibi illi prestita et peracta Et ob ejusq[ue] predecessorum insignem Magnanimitatem et meritum

Constituisse et Memoratum Dominum Joannem McKeinzie de Tarbat ejusq[ue] hæredes masculos quoscunq[ue] in hæreditario Statu gradu ordine Nomine dignitate et designatione Baronetti ordinasse Cum omnibus et singulis prærogativis precedentiis præhæminentiis immunitatibus libertatibus privilegiis aliisq[ue] eo Spectan[tibus]

Secundum Diploma et Cartam Sub Suo magno Sigillo prædicto Domino Joanni McKeinzie eocirca concess[a] de data Apud Whitehale vigesimo primo die Mensis Maij Anno Domini Millesimo Sexcentesimo vigesimo octavo Et Georgio nunc Comite de Cromartie filio legitimo Natu maxime predict[i] quondam Domini Joannis McKeinzie de Tarbat Sui Patris existente

Quo vero ejus titulus honor et dignitas Comitis Sui patris titulum honorem dignitatem et ordinem Militis Baronetti oblivisci et in oblivionem mitti causaret Saltem Unus alterum devoraret seu confunderet nisi idem alter vivicaretur et continuaretur

Et Nos benigne volentes ut prædict[us] hæreditarius Status gradus ordo Nomen dignitas et designatio Baronetti continuaretur et in posteritatem dict[i] quond[am] Domini Joannis McKeinzie de Tarbat conferatur

Sicuti in hunc effectum predict[us] Georgius Comes de Cromartie tanquam hæres masculus antedictus per patentes Literas Suas et procuratoriam resignationis per eum fact[am] concess[am] et Subscrip[tam] de data [blank] die Mensis [blank] Anno Domini [blank] predict[um] hæreditarium Statum Gradum ordinem Nomen dignitate et designationem Baronetti Cum universis et singulis prærogativis privilegiis præcedentiis præhæminentiis immunitatibus libertatibus aliisq[ue] eo Spectan[tibus] ad longum in prædict[is] Diplomate et Carta Supramentionata Specificatis et contentis Resignavit in Manibus nostris tanquam fonte et omnis honoris et dignitatis origine

In favorem proq[ue] novo diplomate Donatione et ejus modi concessione dand[um] et concedend[um] in favorem Magistri Kennethi McKeinzie filii legitimi Secundo geniti ejusq[ue] hæredum masculorum in perpetuum Ut Authentica instrumenta desuper suscepta in seipsis latius proportant

Quam quidem resignationem et dimissionem prædict[orum] hereditarii Status Gradus ordinis nominis dignitatis et designationis Baronetti Cum privilegiis prærogativis præheminentiis præcedentiis aliisq[ue] predict[is] eo Spectan[tibus] Nos [blank] et recipimus


Creation of Kenneth McKeinzie of Cromarty as Baronet


Atq[ue] Nos maxima Spe tenta de virtutibus magnanimitate et meritis predict[i] Magistri Kennethi McKeinzie tanquam virtutibus honoribus et titulis digniorum ejus prædecessorum frui et gaudere

Meritis Igitur et pro bonis et fidelibus Servitiis per dict[um] Magistrum Kennethum McKeinzie ejusq[ue] antecessores dignissimos et bene Mærentes Nobis nostrisq[ue] regiis Antecessoribus præstitis et impensis

Noveritis nos Dedisse concessisse renovasse et Confirmasse Sicuti Nos ex certa nostra regia Scientia proprio Motu Speciali gratia et favore regiaq[ue] nostra et ampla potestate et prærogativa regali pro Nobis nostrisq[ue] regiis Successoribus Tenore præsentium Damus Concedimus renovamus et conferimus

In dic[tum] confisum et delectum nostrum Magistrum Kennethum McKeinzie filium legitimum Natu Secundum prædict[i] Georgii Comitis de Cromartie Sui patris et Nepotem prædict[i] quond[am] Domini Joannis McKeinzie de Tarbat ejus avi pro Nota ejus fidelitate meritis vertute et integritate Et in hæredes ejus masculos in perpetuum

Antedict[um] hæreditærium Statum gradum ordinem dignitatem nomen et designationem Militis Baronetti Cum universis et singulis prærogativis præcedentiis præhæminentiis locis ordinibus Immunitatibus libertatibus privilegiis aliisq[ue] eo Spectan[tibus]

Ut eadem in dictum quondam Dominum Joannem MacKeinzie de Tarbat ejus Avum collata data et concessa Et per eum ejusq[ue] hæredes masculos potita et possessa fuerunt Seu potiri et gaudere poterint Secund[um] Antiquum diploma et Cartam Supranarra[tam] Sub magno Sigillo dict[i] Antiqui nostri Scotiæ illi eocirca concess[a] de data dicto vigesimo primo die Mensis Maij Anno Domini Millesimo Sexcentesimo vigesimo Octavo

Eodem modo Ac si prædic[tus] Magister Kennethus MacKeinzie tunc existeret et specialiter inibi nominaretur et designaretur

Et Nos tenore præsentium prædictum Magistrum Kennethum MacKeinzie ejusq[ue] hæredes masculos antedictos in perpetuum Milites Baronettes facimus constituimus creamus et ordinamus

Atq[ue] eos eorumq[ue] uxores et liberos respective Non Solum Simili titulo honore dignitate et designatione Militis Baronetti Cum loco et præcedentia tum publice tum privatim post datam præsentium frui Gaudere et possidere Ordinamus et decernimus eodem modo ac quivis alii Milites Baronetti in dicto regno eorumq[ue] uxores et liberi quovis tempore præterito eod[em] potiti et gavisi Sunt Seu in futurum potiri et gaudere poterint

Sed etiam prædict[is] hæreditario Statu ordine nomine dignitate et designatione Militis Baronetti Cum universis iisd[em] prærogativis privilegiis præcedentiis ordinibus locis prioritatibus dignitatibus immunitatibus libertatibus et casualitatibus quibuscunq[ue] quibus prædict[us] quondam Dominus Joannes McKeinzie de Tarbat ejusq[ue] hæredes masculi aliisq[ue] ejus liberi tam masculi quam femellæ eorumq[ue] uxores et Mariti et Successores potiti gavisi tenuerunt et possiderunt Seu iisd[em] potiri gaudere tenere et possidere poterint In omnibus locis congressibus et conventibus tum publicis tum privatis quovis tempore præterito Seu futuro virtute antedicti originalis diplomatis et Cartæ Suprascrip[tæ] Secundum formam et Tenorem ejusd[em] in omnibus punctis Cumq[ue] omnibus et singulis aliis formalitatibus et Solemnitatibus quibuscunq[ue] Similibus occasionibus usitatis


Creation of Kenneth McKeinzie of Cromarty as Baronet


Et volumus et concedimus proq[ue] nobis nostrisq[ue] regiis Successoribus Decernimus et Ordinamus generalitatem hujusmodi tam validam et sufficientem et tanti roboris vis et effectus fore quoad omnes intentui et proposita ac si ead[em] particulariter et de verbo in verbum ad longum hic infererentur et imponerentur Non obstante quod non ita factum sit

Quocirca cumq[ue] omnibus quæ desuper sequi poterunt Nos disponsavimus proq[ue] Nobis nostrisq[ue] Successoribus per præsentes in perpetuum Disponsamus

Leoni Porro armorum Regi ejusq[ue] fratribus fæcialibus prædicto Magistro Kennetho McKeinzie ejusq[ue] antedict[is] talia insignia armorea vel prioribus additamenta quæ huic occasioni congrua et idonea videbuntur vel quæ virtute prædicti originalis diplomatis et Cartæ Supramentionatæ in hunc effectum per præsentes renova[ta] ratifica[ta] et in omnibus punctis confirma[ta] habere gerere et possidere debent dare et præscribere Imperamus

In cujus rei testimonium præsentibus Magnum Sigillum nostrum Appendi præcepimus Apud Aulam nostram de Kensingtone vigesimo Nono die Aprilis Anno Domini Millesimo Septingentesimo Quarto et Anno regni nostri tertio


Per Signaturam Manu S[upremæ] D[omin æ] N[ostr æ]

Reginæ Suprascript[æ]


Creation of Kenneth McKeinzie of Cromarty as Baronet


The diploma of Master Kenneth McKeinzie of Cromarty

concerning the title and dignity of Knight Banneret


Anne, by the grace of God, Queen of Great Britain, France and Ireland, and defender of the faith,

To all lawful men to whom these our present letters may come, greetings.

Since we, considering that virtue, valour, and magnanimity can in no way be better promoted and encouraged than by imbuing gentlemen with a title, honour and dignity, through which they may be moved to perform noble and distinguished actions,

And calling to mind that our grandfather, King Charles the First, of eternal blessed memory, on account of the distinguished good and deserving services, for the benefit and increase of our colonies in America and elsewhere, done and performed by the late Sir John McKeinzie of Tarbat, and on account of the distinguished magnanimity and merit of him and his predecessors,

Constituted and ordained the before-mentioned Sir John McKeinzie of Tarbat, and his heirs male whomsoever, to the inheritance, estate, degree, order, name, dignity and designation of Baronet, with all and singular the prerogatives, precedences, pre-eminences, immunities, liberties, privileges and other things appertaining thereto,

According to the diploma and charter granted thereupon under his great seal to the aforesaid Sir John McKeinzie, dated at Whitehall on the twenty first day of the month of May in the one thousand six hundred and twenty eighth year of our Lord, and to George, now Earl of Cromarty, the lawful first-born son of the aforesaid late Sir John McKeinzie of Tarbat, being his father;

From whom, indeed, the title, honour and dignity of Earl of his father might have caused the title, honour, dignity and order of Knight Baronet to be forgotten and sent to oblivion, or at least the one to have subsumed or incorporated the other, unless that same other were revived and continued;

And we, kindly wishing that the aforesaid inheritance, estate, degree, order, name, dignity and designation of Baronet might have continued, and been conferred upon the posterity of the said late Sir John McKeinzie of Tarbat,

To just this effect, as though the aforesaid George, Earl of Cromarty, the heir male beforesaid, by his letters patent, and procuracy of resignation made, granted and subscribed by him, dated the [blank] day of the month of [blank] in the year of our Lord [blank], had resigned into our hands (as the fount and origin of all honour and dignity) the aforesaid inheritance, estate, degree, order, name, dignity and designation of Baronet, with all and singular the prerogatives, privileges precedences, pre-eminences, immunities, liberties, and other things appertaining thereto, specified and contained at length in the aforesaid diploma and the above-mentioned charter,

In favour and for the purpose of a new diploma, gift and grant in this manner to be given and granted in favour of Master Kenneth McKeinzie, the lawful second-born son, and of his heirs male forever, as the authentic instruments created thereupon in themselves more fully bear,

Which resignation and return, indeed, of the aforesaid inheritance, estate, degree, order, name, dignity and designation of Baronet, with the privileges, prerogatives, pre-eminences, precedences, and other things aforesaid appertaining thereto, we [blank] and receive;

Creation of Kenneth McKeinzie of Cromarty as Baronet


And we, having great hope of using the virtues, magnanimity and merits of the aforesaid Master Kenneth McKeinzie like the virtues, honours and titles of his distinguished predecessors,

Therefore for his merits, and for the good and faithful services performed and discharged by the said Master Kenneth McKeinzie, and his most distinguished and much mourned ancestors, to us and to our royal ancestors,

May you know that we have given, granted, renewed and confirmed, just as we, of our certain royal knowledge, of our own accord, of our special grace and favour, and of our ample royal power and prerogative, for us and for our royal successors, and by the tenor of these presents, do give, grant, renew and confirm,

Upon our said trusted and beloved Master Kenneth McKeinzie, the lawful second-born son of the aforesaid George, Earl of Cromarty, his father, and grandson of the aforesaid late Sir John McKeinzie of Tarbat, his grandfather, for his noted fidelity, merits, virtue and integrity, and upon his heirs male forever,

The aforesaid inheritance, estate, degree, order, dignity, name and designation of Knight Baronet, with all and singular the prerogatives, precedences, pre-eminences, places, orders, immunities, liberties, privileges and other things appertaining thereto,

As the same were conferred upon, given and granted to the said late Sir John MacKeinzie of Tarbat, his grandfather, and by him and his heirs male were held and possessed, or were able to be held and enjoyed, according to the ancient diploma and charter above-narrated, under the great seal of our said ancient realm of Scotland, granted to him thereupon on the said twenty first day of the month of May in the one thousand six hundred and twenty eighth year of our Lord,

In the same way and as though the aforesaid Master Kenneth MacKeinzie had then existed and been specially named and designated therein.

And we, by the tenor of these presents, make, constitute, create and ordain the aforesaid Master Kenneth MacKeinzie, and his aforesaid heirs male forever, Knights Baronet,

And we ordain and decree them and their wives and children respectively to use, enjoy and possess, after the date of these presents, not only the same title, honour, dignity and designation of Knight Baronet, with the place and precedence, both in public and in private, in the same manner as any other Knights Baronet in the said realm, and as the wives and children of the same at any time past had or enjoyed, or might in future be able to have and enjoy,

But also the aforesaid inheritance, estate, order, name, dignity, and designation of Knight Baronet, with all the same prerogatives, privileges, precedences, orders, places, priorities, dignities, immunities, liberties and accidences whatsoever that the aforesaid late Sir John McKeinzie of Tarbat and his heirs male, and their children both male and female, and their wives and husbands and successors, had, enjoyed, held and possessed, or which the same might be able to have, enjoy, hold and possess, in all places, congresses and meetings, both public and private, at any time, past or future, by virtue of the aforesaid original diploma and charter abovewritten, according to the form and tenor of the same, in all points, and with all and singular other formalities and solemnities whatsoever used on similar occasions,


Creation of Kenneth McKeinzie of Cromarty as Baronet


And we will and grant, and for us and our royal successors decree and ordain, the generality of this to be both valid and sufficient, and of such strength, force and effect, for all intents and purposes, as though the same had been inserted and brought in here, in every particular, word for word, and at length, notwithstanding that this might not have been done,

Concerning which, and all matters which may follow thereupon, we have disposed, and by these presents, for us and our successors forever, we do dispose.

Moreover we order Lyon King of Arms and his subsidiary brothers, to give and prescribe to the aforesaid Master Kenneth McKeinzie and his descendants aforesaid such armorial insignia, or augmentation to earlier arms, as seem agreeable and suitable for this occasion, or to renew, ratify and in all points confirm, in this effect, by these presents, those which by virtue of the aforesaid original diploma and above-mentioned charter they ought to have, bear and possess.

In witness whereof we have ordered our great seal to be affixed to these presents, at our Hall of Kensington, on the twenth ninth day of April in the aone thousand seven hundred and fourth year of our Lord, and in the third year of our reign.


By the sign manual of our Supreme Lady

the Queen abovewritten.


 

 

Sheriff Court Reference: SC34/4/50, NUMBER 25, CLAIM FOR ALEXANDER MACKENZIE ESQ .7TH AUGUST 1826

ND NUMBER 18, AT THE SHERIFF COURT OF TAIN, ROSSHIRE.

HONORABLE PERSONS AND GOOD MEN OF INQUEST I ALEXANDER MACKENZIE ESQUIRE PRESENTLY IN THE MILITARY SERVICE OF THE HONORABLE SOCIETY OF MERCHANTS TRADING TO THE EAST INDIES SAY UNTO YOUR WISDOMS THAT SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST SON OF JOHN MACKENZIE OF TARBAT BARONET WHO WAS ELDEST SON OF SIR RODERICK MACKENZIE OF COIGACH KNIGHT BROTHER GERMAN OF ALEXANDER MACKENZIE MY GREAT-GREAT-GRANDFATHER DIED AT THE FAITH AND PEACE OF OUR SOVEREIGN LORD THE KING AND THAT I AM NEAREST AND LAWFUL HEIR MALE OF THE SAID UMGUBILE SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY THE BROTHER OF MY SAID GREAT-GREAT-GRANDFATHER AND THAT I AM OF LAWFUL AGE THEREFORE I BESEECH YOUR WISDOMS AND COGNOSE ME NEAREST LAWFUL HEIR MALE OF THE SAID UMGUBILE SIR GEORGE MACKENZIE OF TARBAT AFTERWARDS VISCOUNT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY THE BROTHER OF MY SAID GREAT-GREAT-GRANDFATHER ALEXANDER MACKENZIE AND CAUSE YOUR CLERK TO RETOUR MY SAID SERVICE TO HIS MAJESTIES CHANCERY UNDER YOUR SEALS ACCORDING TO JUSTICE AND YOUR WISDOMS ANSWER

SIGNED

JOHN MACKENZIE

 

JOHN ANDERSON

SCOTTISH RECORD OFFICE REFERENCE C22/101 CROSS REFERENCE TO ORIGINAL RETOURS C24/103 NO 33

 

 

 

THIS ENQUIRY WAS MADE IN THE CURIA COURT OF THE VICE-COUNTY OF ROSS ON THE SIXTEENTH DAY OF THE MONTH OF SEPTEMBER IN THE YEAR OF THE LORD ONE THOUSANT EIGHT HUNDRED AND NINE BEFORE THE HONOURABLE MAN JOHN BARCLAY VICE-COUNTY OF ROSS AND THROUGH OR BY THESE HONEST FAITHFUL MEN WHOS PATRNYMS ARE SIGNED BELOW TO WIT GEORGE SACKVILLE SUTHERLAND RESIDENT OF RHIVES MISTER GEORGE MURRAY MERCHANT IN TAIN MISTER WILLIAM MURRAY MERCHANT IBID JAMES TAYLOR MERCHANT IBID S OR LAUCHLAN MCINTOSH MERCHANT IBID DUNCAN ROSS MERCHANT IBID HUGO OR HUGH MACKENZIE MERCHANT IBID DONALD ROSS MERCHANT IBID JAMES ROSS MERCHANT IBID DONALD ROSS JUNIOR MERCHANT IBID DRUM MANSEN MERCHANT IBID JOHN MCPHERSON MERCHANT IBID MISTER JOHN BLACK SCRIBE CLERK IBID JAMES ROBERTSON SURGEON IBID LIEUTENANT JOHN MUNRO RESIDENT IBID THESE PERSONS HAVING BEEN SWORN IN MAGNO SACRAMENTO INTERVENIENTE DECLARED THAT A CERTAIN LIETENANT-COLONEL ROBERT MACKENZIE IN THE SERVICE OF THE HONOURABLE SOCIETY OF THE MERCHANTS OF THE EAST INDIES IS THE FATHER OF ALEXANDER MACKENZIE PRESENTER OF THESE PRESENT PETITION THE SAID LT-COL. ROBERT MACKENZIE WAS THE LEGITIMATE FIRST BORN SON OF THE LATE ALEXANDER MACKENZIE LATELY OF ARDLOCH WHO WAS THE LEGITIMATE FIRST BORN SON OF THE ALSO DEFUNCT JOHN MACKENZIE OF ARDLOCH WHO WAS THE LEGITIMATE FIRST BORN SON OF THE ALSO DEFUNCT ALEXANDER MACKENZIE WHO WAS THE LEGITIMATE SON OF LORD JOHN MACKENZIE OF TARBAT AND GERMAIN BROTHER OF GEORGE VICE-COUNT OF TARBAT AND LATER EARL OF CROMARTY BOTH WHOM ARE DEAD AND WHO WAS MALE HEIR TALLICE TALLIAE ET PROVISIONIS DESERVITUS ET RETORNATUS TO A CERTAIN KENNETH MACKENZIE LAST OF CROMARTIE WHO WAS HEIR DESERVITUS ET RETOR NATUS TO LORD KENNETH MACKENZIE DE GRANDVILLE WHO WAS HEIR DESERVITUS ET RETORNATUS TO LORD GEORGE MACKENZIE DE GRANDVILLE HIS ELDER BROTHER WHO WAS THE ELDEST SON OF LORD KENNETH MACKENZIE OF CROMARTIE SECOND LEGITIMATE SON OF THE SAID GEORGE VICE-COUNT OF TARBAT AND AFTERWARDS EARL OF CROMARTIE WHO DIED WITHOUT LEGITIMATE MALE CHILD MALE HEIRS PROCREATED FROM THE BODY OF THE SAID GEORGE VICE-COUNT OF TARBAT FAILING THEY NOW EXIST IN PERSON OF LIEUTENANT-COLONEL ROBERT MACKENZIE GREAT-GRAND-SON OF THE SAID ALEXANDER MACKENZIE ONLY BROTHER OF THE SAID GEORGE VICE-COUNT OF TARBAT AND LATER EARL OF CROMARTY FROM WHOS BODY MALE HEIRS WERE THEN IN EXISTENCE HE THEREFORE HAD THE RIGHT OF RECEIVING THE SUCCESSION UNDER THE DISPOSITION AND CHARTER OF TALLIA CONTAINING SUBSTITUTION PROVISIONS CONDITIONS AND NULLIFYING CLAUSES THEREIN SPECIFIED MADE AND EXPRESSED BY THE SAID GEORGE VICE-COUNT OF TARBAT LORD OF MACLEOD AND CASTLEHAVEN AFTERWARDS EARL OF CROMARTY GIVEN ON THE TWENTY-EIGHTH DAY OF THE MONTH OF NOVEMBER IN THE YEAR OF THE LORD ONE THOUSAND SIX HUNDRED AND EIGHTY-EIGHT BY THE TITLE DEED THEREIN SPECIFIED HE GAVE AND DISPOSED TO ALL AND INTEGRALLY THE LANDS AND BARONY OF ROYSTON INCLUDING THE PARTICULAR LANDS ETCETERA THEREIN SPECIFIED LYING IN THE VICE-COUNTY OF EDINBURGH TO MASTER JAMES MACKENZIE HIS LEGITIMATE THIRD SON WHO LATER BECAME LORD JAMES MACKENZIE OF ROYSTON AND ONE OF THE LORDS OF SESSION AND TO HIS MALE HEIRS LEGITIMATELY BEGOTTEN FROM HIS BODY FAILLING WHICH TO THE ABOVE NAMED LORD KENNETH MACKENZIE OF CROMARTY SECOND LEGITIMATE SON OF THE SAID VICE-COUNT AND TO THE LEGITIMATE MALE HEIRS BEGOTTEN FROM HIS BODY FAILING WHICH TO JOHN EARL OF CROMARTIE THEREIN DESIGNATED AS JOHN MASTER OF TARBAT ELDEST LEGITIMATE SON OF THE SAID VICE-COUNT AND TO HIS MALE HEIRS PROCREATED OR TO BE PROCREATED FROM HIS BODY FAILING WHICH TO THE OTHER MALE HEIRS LEGITIMATELY BEGOTTEN OR TO BEGOTTEN FROM THE  BODY OF THE NOBLE VICE-COUNT HIMSELF FAILING WHICH FINALLY TO OTHER PERSON OR PERSONS TO BE NAMED BY HIM IN THE SAME MANNER IN THE ABOVE SAID CHARTER OF TALLIA THEY FAILING TO OTHER MALE HEIRS OF THE SAID GEORGE VICE-COUNT OF TARBAT WHOSOEVER FAILING ALL THESE HEIRS AND ASSIGNS WHOSOEVER OF THE SAID VIC-COUNT THE INHERITANCE WILL DIE OUT IRREDEEMABLY AND GO TO THE  FAITH TRUST AND PEACE OF S.N.D.REGIS OUR SOVEREIGN LORD THE KING AND WHEREBY THE SAID ALEXANDER MACKENZIE PRESENTER OF THE PRESENT PETITION IS THE LEGITIMATE AND NEAREST MALE HEIR OF TALLIE AND PROVISIONIS UNDER THE SAID CHARTER OF TALLIA OF HIS FATHER THE SAID LIEUTENANT-COLONEL ROBERT MACKENZIE AND IS OF LEGAL LEGITIMATE AGE IN CUJUS REI IN WITNESS TO THIS THING THE SIGNATURES OF THOSE CONCERNED IN THIS INQUIRY TOGETHER WITH THE BREVIS REGIS DEBITE EXECUTO INCLUSO AND THE SEAL OF THE COMUNE AND ALSO THE SIGNATURE SIGN MANUAL OF THOMAS SUTOR PRINCIPAL CLERK OF THE SAID VICE-COUNTY SPECIALLY CONSTITUTED ARE APPENDED TO THESE PRESENTS 16TH DECEMBER 1809 THOMAS SUTOR CLERK

 

 

C26/6 REFERENCE CHANCERY DIVISION A BRIEF REGISTERED TO THE SCOTTISH RECORD OFFICE

GENERAL SERVICE OF ALEXANDER MACKENZIE HEICS TO SIR KENNETH MACKENZIE 1826
GREAT GRANDSON OF THE FATHER OF

BRIEF FOR ALEXANDER MACKENZIE PRESENTLY IN THE MILITARY SERVICE OF THE HONORABLE EAST INDIA COMPANY ELDEST LAWFUL SON OF THE DECEASED COLONEL ROBERT MACKENZIE OF THE SAME SERVICE WHO WAS ELDEST LAWFUL SURVIVING SON OF ALEXANDER MACKENZIE OF ARDLOCH THE ELDEST LAWFUL SON OF JOHN MACKENZIE OF ARDLOCH WHO WAS ELDEST LAWFUL SON OF ALEXANDER MACKENZIE OF ARDLOCH YOUNGER BROTHER GERMAN OF SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST SON OF SIR JOHN MACKENZIE OF TARBAT AS NEAREST AND LAWFUL HEIR MALE IN GENERAL OF SIR KENNETH MACKENZIE SECOND LAWFUL SON OF KENNETH MACKENZIE AFTERWARDS DESIGNED SIR KENNETH SECOND LAWFUL SON OF THE SAID SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY IN AND CONFORM TO THE DESTINATION IN TERMS OF A ROYAL CHARTER OR PATENT 29 APRIL 1704 OF THE TITLE OF BARONET OF NOVA SCOTIA IN FAVOUR OF THE SAID KENNETH MACKENZIE SECOND LAWFUL SON OF THE SAID SIR GEORGE MACKENZIE OF TARBAT BART AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY AND HIS HEIRS MALE FOR EVER
SHERIFF OF ROSS

 

 

AT SCOTTISH RECORD OFFICE EDINBURGH A SERVICE OF HEIR TO JAMES SUTHERLAND MACKENZIE YOUNGER BROTHER OF THE DEFUNCT CAPTAIN ALEXANDER MACKENZIE REFERENCE C22/159 CROSS REFERENCE TO ORIGINAL RETOUR C24/135.

THIS ENQUIRY WAS HELD IN THE COURT OF THE BAILIES OF THE TOWN OF EDINBURGH ON THE SEVENTEENTH DAY OF THE MONTHOF SEPTEMBER IN THE YEAR OFTHE LORDONE THOUSAND EIGHT HUNDRED AND FORTY ONE BEFORE THE HONOURABLE MAN WILLIAM JOHNSTON ONE OF THE BAILIES OF THE SAID TOWN BY THESE HONEST AND TRUE MEN OF THE FATHERLAND LISTED BELOW VIZ ROBERT LOCKHART DYMOCH ARMIGER SOLICITOR IN EDINBURGH JOSEPH GORDON ARMIGER CLERK SIGNETO REGIS THOMAS POTTS ROBERT MORHAM WILLIAM ELIOT BUIST WILLIAM HORN THOMAS MCMILLAN JAMES TURNBULL WILLIAM SHANKS ROBERT BEATSON AND GORDON CLUNES CLERK IN EDINBURGH ALEXANDER DEUCHAR ENGRAVER OF SEALS IBID JOHN CHAMBERS ARCHITECT IBID DAVID LAWSON LICTOREM DECANI GILDAE IBID AND ROBERT LATTA LIE TACKSMAN IBID THESE HAVING TAKEN THE SOLEMN OATH STATED THAT A CERTAIN LORD ALEXANDER MACKENZIE OF TARBAT BARONET CAPTAIN IN THE 48TH REGIMENT CALLED THE BENGAL NATIVE INFANTRY ONLY BROTHER OF LORD JAMES SUTHERLAND MACKENZIE OF TARBAT BARONET BEARER OF THE PRESENT PETITION DIED IN THE FAITH AND PEACE OF OUR SOVEREIGN QUEEN THAT THE SAID DEFUNCT CAPTAIN LORD ALEXANDER MACKENZIE OF TARBAT BARONET WAS THE ELDEST LEGITIMATE SON AND MALE HEIR TAILLIAE ET PROVISIONIS DESERVITUS ET RETORNATUS OF LIEUTENANT-COLONEL ROBERT MACKENZIE ERSWHILE IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY WHO WAS LEGITIMATE ELDEST SON OF THE DEFUNCT ALEXANDER MACKENZIE LATE OF ARDLOCH WHO WAS THE LEGITIMATE ELDEST SON OF ALEXANDER MACKENZIE OF ARDLOCH WHO WAS LEGITIMATE SON OF LORD JOHN MACKENZIE OF TARBAT BARONET AND YOUNGER BROTHER GERMAIN  OF LORD GEORGE MACKENZIE OF TARBAT BARONET AND LATER VICE-COUNT TARBAT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY BOTH OF WHOM ARE DEAD AND THAT HE THE SAID LIEUTENANT-COLONEL ROBERT MACKENZIE WAS MALE HEIR TALLIAE ET PROVISIONIS DESRVITUS ET RETORNATUS AD  KENNETH MACKENZIE OF CROMARTY WHO WAS HEIR DESERVITUS ET RETORNATUS OF LORD KENNETH MACKENZIE OF GRANDVILLE WHO WAS HEIR DESERVITUS ET RETORNATUS OF GEORGE MACKENZIE OF GRANDVILLE HIS ELDER BROTHER WHO WAS LEGITIMATE ELDEST SON OF LORD KENNETH MACKENZIE OF CROMARTY LEGITIMATE SECOND SON  OF THE SAID LORD GEORGE MACKENZIE OF TARBAT AND LATER VICE-COUNT TARBAT LORD MCLEOD AN CASTLEHAVEN AND EARL OF CROMARTY AT THE DEATH OF WHOM OF THE SAID KENNETH MACKENZIE OF CROMARTY WITHOUT LEGITIMATE MALE ISSUE HE PROCREATED A MALE HEIR FROM THE BODY OF LORD GEORGE  MACKENZIE OF TARBAT LATER VICE-COUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY FAILING THE SAID LIEUTENANT-COLONEL ROBERT MACKENZIE GREAT-GRANDSON PRONEPOS OF THE SAID ALEXANDER MACKENZIE OF ARDLOCH ONLY BROTHER  OF THE SAID LORD GEORGE MACKENZIE OF TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY FROM WHOSE BODY MALE HEIRS ARE NOW IN EXISTENSE HAD RIGHT OF RECEIVING THE SUCCESSION WHICH SUCCESSION HAD OPENED BY THE DEATH OF THE SAID KENNETH MACKENZIE OF CROMARTY UNDER THE DISPOSITION AND WRITTEN DOCUMENT SYNGRATHA OF TALLIA CONTAINING THE PROVISION CONDITIONS AND IRRITANT CLAUSES AND RESOLUTIONS THEREIN SPECIFIED MADE AND DRAWN UP BY THE SAID LORD GEORGE MACKENZIE OF TARBAT BARONET THEN VICE-COUNT TARBAT LORD MCLEOD AND CASTLEHAVEN LATER EARL OF CROMARTY GIVEN ON THE TWENTY EIGHTH DAY OF THE MONTH OF NOVEMBER IN THE YEAR OF THE LORD ONE THOUSANT SIX HUNDRED AND EIGHTY EIGHT BY WHICH DISPOSITION AND WRITTEN DOCUMENT OF TALLIA HE THE SAID LORD GEORGE MACKENZIE GAVE AND DISPOSED THE TOTAL INTEGRAL LANDS AND BARONY OF ROYSTON INCLUDING PARTICULAR LANDS THEREIN MENTIONED LYING WITHIN THE VICE-COUNTY OF EDINBURGH TO MASTER JAMES MACKENZIE HIS LEGITIMATE THIRD BORN SON AFTERWARDS LORD JAMES MACKENZIE OF ROYSTON AND ONE OF THE LORDS OF SESSIONS AND TO THE  LEGITIMATE MALE HEIRS PROCREATED FROM HIS BODY WHOM FAILING TO  THE ABOVE NAMED LORD KENNETH MACKENZIE OF CROMARTY THERIN DESIGNATED AS MASTER KENNETH MACKENZIE HIS SECOND SON WHO LATER BECAME LORD KENNETH MACKENZIE OF TARBAT BARONET AND TO HIS MALE HEIR LEGITAMATELY BEGOTTEN FROM HIS BODY WHOM FAILLING TO JOHN MASTER OF TARBAT HIS ELDEST SON LATER EARL OF CROMARTY AND TO THE MALE HEIRS FROM HIS BODY WHOM FAILING TO THE MALE HEIRS BEGOTTEN OR TO BE BEGOTTEN FROM THE BODY OF THE SAID EARL WHOM FAILING TO ANY OTHER PERSON OR PERSONS NAMED BY HIM IN THE MANNER MENTIONED IN THE SAID WRIT OF TALLIE SYNGRAPHA TALLIAE WHOM FAILING TO OTHER MALE HEIRS OF THE AID EARL WHO ALL FAILLING TO HIS NEAREST HEIRS AND ASSIGNS WHOMSOEVER IN HERITAGE AND FOREVER IRREDIMABILITER WHEREFORE THE SAID DEFUNCT CAPTAIN LORD ALEXANDER MACKENZIE OF TARBAT BARONET WAS THE NEAREST AND LEGITIMATE MALE HEIR OF THE SAID LORD GEORGE MACKENZIE OF TARBAT BARONET AND LATER VICE-COUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY BROTHER OF THE SAID ALEXANDER MACKENZIE OF ARDLOCH HIS GREAT-GRAND-UNCLE ABAVUS AND WHO ALSO THE SAID DEFUNCT CAPTAIN LORD ALEXANDER MACKENZIE OF TARBAT BARONET WAS THE NEAREST AND LEGITIMATE MALE HEIR OF THE PROVISIONS IN GENERAL OF LORD KENNETH MACKENZIE THIRD LEGITIMATE SON OF THE SAID KENNETH MACKENZIE LATER LORD KENNETH MACKENZIE SECOND LEGITIMATE SON OF THE SAID GEORGE MACKENZIE OF TARBAT BARONET LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST LEGITIMATE SON OF LORD JOHN MACKENZIE OF TARBAT GREAT-GRANDSON PRONEPOS OF ALEXANDER MACKENZIE OF ARDLOCH GREAT-GRAND-FATHER ABAVUS OF THE SAID CAPTAIN LORD ALEXANDER MACKEZIE BARONET AND THAT THE SAID LORD JAMES SUTHERLAND MACKENZIE PRESENTER OF THIS PETITION IS THE NEAREST AND LEGITIMATE MALE HEIR OF TALLIAE ET PROVISIONIS UNDER THE SAID DISPOSITION AND WRIT OF TALLIA AND ALSO HE IS THE NEAREST AND LEGITIMATE MALE HEIR TO THE GENERAL PROVISIONS OF THE SAID LORD ALEXANDER MACKENZIE HIS ONLY BROTHER AND THAT HE IS OF LEGITIMATE LEGAL AGE IN WITNESS TO THESE THINGS THE SIGNATURE OR SEAL OF SEVERAL OF THOSE WHO WERE CONCERNED IN THE SAID ENQUIRY WITH THE BREVI REGIS DEBITE EXCUTO INCLUSO AND THE SEAL OF THE SAID BAILLIE ARE HEREUNTO APPENDED TO THE PRESENT DOCUMENT IN THE PLACE AND ON THE DAY MONTH AND YEAR AFOREMENTIONED EXTRACT MADE FROM THE BOOKS OF THE ACTS OF COURT OF THE SAID BURGH BY ME CARLYLE BELL CONJ. CLERK EIGHTH OCTOBER 1841.

 

SCOTTISH RECORD OFFICE REFERENCE C22/125 SERVICE OF HEIR CAPTAIN ALEXANDER MACKENZIE HEIC
MONTHLY NUMBER 30 AND CROSS REFERENCED TO C24/120 FROM ORIGINAL RETOUR.

THIS ENQUIRY WAS HELD IN THE COURT CURIA OF VICE-COUNTY OF ROSS BEFORE THE HONOURABLE MEN DONALD MCLEOD ARMIGER DEPUTY ADVOCATE IN VICE-COUNTY OF ROSS AND CROMARTY AND DAVID ROSS ARMIGER VICE-COUNT SUBSTITUTE OF THE SAID VICE-COUNTY ON SEVENTEENTH DAY OF THE MONTH OF AUGUST IN THE YEAR OF THE LORD ONE THOUSAND EIGHT HUNDRED AND TWENTY-SIX BY THESE TRUE AND FAITHFUL MEN OF THE FATHERLAND WRITTEN BELOW VIZ HUGO ROSE ARMIGER OF GLASKILLICH ALEXANDER FRASER ARMIGER OF INCHCOULTER DONALD MACKENZIE ARMIGER OF NEWHALL WALTER ROSS ARMIGER OF NIGG HUGO HUGHES A.I.MUNRO ARMIGER OF NOVAR RODERICK MCKENZIE ARMIGER OF KINCRAIG RODERICK MCLEOD ARMIGER JUNIOR OF CADBOLL ADVOCATE CHARLES C. ROSS ARMIGER JUNIOR OF SHANDWICK JOHN GRANT ARMIGER OF GLADFIELD GEORGE MURRAY ARMIGER OF WESTFIELD LINE LEGATUM WILLIAM CLUNAS OF CRAIGACH WILLIAM MURRAY ARMIGER OF ROSEMOUNT JOHN ROSS ARMIGER ARGENTARIUM TAIN WILLIAM MURRAY JUNIOR ARMIGER ARGENTARIUM IBID JOHN ROSS ARMIGER RESIDENT OF RHIVES THESE HAVING BEEN SOLEMNLY SWORN IN SAID THAT A CERTAIN LORD GEORGE MACKENZIE OF TARBAT BARONET AND LATER VICE-COUNT TARBAT OF MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST SON OF LORD JOHN MACKENZIE OF TARBAT BARONET WHO WAS ELDEST SON  OF LORD RODERICK MACKENZIE COIGACH KNIGHT BROTHER OF GREAT-GRAND-FATHER ALEXANDER MACKENZIE AT PRESENT IN THE SERVICE MILITARY OF THE HONOURABLE COMPANY OF MERCHANTS IN THE EAST INDIES AND PRESENTER OF THIS PETITION ELDEST SON OF THE DEFUNCT COLONEL ROBERT MACKENZIE IN THE SERVICE OF THE SAID HONOURABLE COMPANY ELDEST SURVIVING SON OF ALEXANDER MACKENZIE OF ARDLOCH ELDEST SON OF JOHN MACKENZIE OF ARDLOCH WHO WAS ELDEST SON OF ALEXANDER MACKENZIE YOUNGER GERMAIN BROTHER OF THE SAID LORD GEORGE MACKENZIE OF TARBAT BARONET AND LATER VICE-COUNT TARBAT LORD OF MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY DIED IN THE FAITH AND PEACE OF OUR SOVEREIGN LORD KING AND THAT THE SAID ALEXANDER MACKENZIE PRESENTER OF THIS PETITION IS THE NEAREST AND LEGITIMATE MALE HEIR OF THE SAID CERTAIN LORD GEORGE MACKJENZIE OF TARBAT BARONET AND LATER VICE-COUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY BROTHER OF HIS GREAT-GRANDFATHER AND THAT HE IS OF LEGITIMATE LEGAL AGE IN WITNESS TO THIS THING THE SIGNATURES SEALS OF SOME OF THOSE WHO WERE INVOLVED IN THIS ENQUIRY TOGETHER WITH THE SMALL SEAL OF OUR SOVEREIGN LORD THE KING AND ALSO  THE SEAL AND SIGNATURE OF ALEXANDER ROSS SUTO CLERK OF THE SAID VICE-COUNTY ARE APPENDED GIVEN AT TAIN ON THE SEVENTEENTH DAY OF THE MONTH OF AUGUST IN THE YEAR OF THE LORD ABOVE WRITTEN SIGNED ALEX ROSS SUTOR

 

AT TAIN 18TH OCTOBER 1826 SHERIFF COURT OF TAIN REFERENCE SHERIFF COURT 34/1/7 OR/AND SC34/1/7
CURIA VICE COMITATUS DE ROSSFENTA APUD BURGUM DE TAIN IN PRETOUO EJUSDEM PER DONALDUM MCLEOD ARMIGEIUM AD VOCATUM VICE COMITEM DEPUTATUM DE ROSS ET CROMARTY ET DAVIDEM ROSS ARMIGEIUM VICE COMITEM SUBSTITUTUM DICT VICE COMITATUS SPECIALITER CONSTITOS DECIMO SEPTIMO DIE MENSIS AUGUSTI ANNO DOMINI MILLESIMO OCTINGENTESI MO VIGESIMO SEXTO CURIA LE GITIME AFFIRMATA

ANENT THE BRIEF DIRECTED FURTH OF HIS MAJESTIES CHANCERY FOR SERVING ALEXANDER  MACKENZIE ESQ PRESENTLY IN THE MILITARY SERVICE OF THE HONOURABLE OF MERCHANTS TRADING TO THE EAST INDIES NEAREST  AND LAWFUL HEIR MALE OF UMGUWHILE SIR GEORGE MCKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD  MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY  BROTHER GERMAN OF ALEXANDER MACKENZIE THE GREAT GREAT GRANDFATHER OF THE SAID ALEXANDER MACKENZIE ESQUIRE DATED THE SIXTEENTH DAY OF FEBRUARY EIGHTEEN  HUNDRED AND TWENTY SIX EXECUTED  BY VIRTUE OF THE SHERIFFS PRECEPT AT THE MARKET CROSS OF TAIN UPON FRIDAY THE TWENTY EIGHTH DAY OF JULY EIGHTEEN HUNDRED AND TWENTY SIX BY ANDREW GRANT SHERIFF OFFICER BEFORE THESE WITNESSES ALEXANDER ROSS AND JOHN ROSS BOTH RESIDING IN TAIN ALL WHICH BEING OPENLY IN JUDGEMENT AND VERIFIED BY  THEOATHS OF THE OFFICE AND WITNESSES COMPEARED JOHN ANDERSON WRITERS TO THE SIGNET AND JOHN MACKENZIE WRITER IN TAIN AS PROCURATORS AND ATTORNIES  FOR THE SAID ALEXANDER MACKENZIE THE  CLAIMANT BY VIRTUE OF A WRITTEN PROCURATORY EXECUTED BY JOSEPH GORDON ESQ WRITER TO THE SIGNET COMMISSIONER APPOINTED BY THE SAID ALEXANDER MACKENZIE WITH SPECIAL POWER TO PRODUCE BRIEVES FOR SERVING HIM HEIR IN GENERAL OR SPECIAL TO ANY OF HIS ANCESTORS FOR THE PURPOSE OF ENABLING HIM TO CLAIM ANY ESTATE OR TITLE OF DIGNITY TO WHICH HE HAS RIGHT DATED THE FIFTEENTH DAY OF FEBRUARY EIGHTEEN  HUNDRED AND TWENTY SIX AND  AFTER PROCLAMATION WAS MADE IN THE COURT AND AT THE DOOR OF THE COURT HOUSE AS USEIS PRODUCED THE CLAIM OF SERVICE FOR THE SAID ALEXANDER MCKENZIE ESQ WHEREOF THE TENOR FOLLOWS VIZ- HONOURABLE PERSONS AND GOOD MEN OF INQUEST I ALEXANDER  MCKENZIE ESQUIRE PRESENTLY IN THE MILITARY SERVICE OF THE HONOURABLE SOCIETY OF MERCHANTS TRADING TO THE EAST INDIES SAY UNTO YOUR WISDOMS THAT SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST SON OF JOHN MACKENZIE OF TARBAT BARONET WHO WAS ELDEST SON OF SIR RODERICK MACKENZIE OF COIGACH KNIGHT BROTHER GERMAN OF ALEXANDER MACKENZIE MY GREAT GREAT GRANDFATHER DIED AT THE FAITH  AND PEACE OF OUR SOVEREIGN LORD THE KING AND THAT I AM NEAREST AND  LAWFUL HEIR MALE OF THE SAID UMGUWHILE SIR GEORGE MCKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY THE BROTHER OF MY SAID GREAT GREAT GRANDFATHER AND THAT I AM OF LAWFUL AGE THEREFORE BESEECH YOUR WISDOMS TO SERVE AND COGNOSE ME NEAREST  AND LAWFUL HEIR MALE OF THE SAID UMGUWHILE SIR GEORGE MACKENZIE OF TARBAT  BARONET AFTERWARDS  VISCOUNT TARBAT LORD MCLEOD  AND CASTLEHAVEN AND EARL OF CROMARTY  BROTHER OF MY SAID GREAT GRANDFATHER ALEXANDER MACKENZIE AND CAUSE YOUR CLERK TO RETURN  MY SAID SERVICE TO HIS MAJESTIES CHANCERY  UNDER YOUR SEALS ACCORDING TO JUSTICE  AND YOUR WISDOMS ANSWER
SIGNED
JOHN ANDERSON WRITER TO THE SIGNET AND JOHN MACKENZIE P CLAIMANT MANDATE AND THEREAPON CRAVED THAT THE SAID  BRIEF EXECUTION CLAIM AND INSTRUCTIONS  MIGHT BE REMITTED TO THE KNOWLEDGE OF AN ASSIZE
SIGNED JOHN ANDERSON
JOHN MACKENZIE
WHICH DESIRE THE SAID JUDGES  FOUND REASONABLE AND ALEXANDER TAYLOR ESQUIRE PROCURATOR FISCAL FOR THE EASTERN DISTRICT  OF THE COUNTY OF ROSS APPEARING FOR THE PUBLIC INTEREST AND ALL OTHER PARTIES HAVING INTEREST BEING THREE SEVERAL TIMES CALLED AT THE BAR AND DOOR OF THE COURT HOUSE AND NONE APPEARING TO OBJECT THE SHERIFF REMIT THE FORESAID BRIEF PRECEPT EXECUTION CLAIM AND INSTRUCTIONS THEREOF TO THE KNOWLEDGE OF THE FOLLOWING ASSIZE VIZ-  HUGH ROSE ESQUIRE OF GLASTULLICH
ALEXANDER FRASER ESQUIRE OF INCHCOUTTER
DONALD MACKENZIE ESQUIRE OF NEWHALL
WALTER ROSS ESQUIRE OF NIGG
H A J MUNRO OF NOVAR
RODERICK MACKENZIE ESQUIRE OF KINCRAIG RODERICK MACLEOD ESQUIRE OF CADBOLL ADVOCATE
CHARLES C ROSS ADVOCATE OF SHANDWICK
JOHN GRANT ESQUIRE OF GLADFIELD GEORGE MURRAY ESQUIRE OF WEST FIELD
MAJOR WILLIAM CLINAS OF GRAIGACH
WILLIAM MURRAY ESQUIRE OF ROSEMOUNT
JOHN ROSS ESQUIRE BANKER TAIN
WILLIAM MURRAY ESQUIRE BANKER THERE
JOHN ROSS ESQUIRE RESIDING AT RHIVES
WHO BEING ALL SOLEMNLY SWORN PROCLAMATION WAS AGAIN MADE IN CASE ANY APPEARED TO OBJECT TO THE SERVICE AND INQUEST BUT NONE APPEARING THE SAID JOHN MACKENZIE AND JOHN ANDERSON AS PROCURATORS FORESAID PRODUCED AND LAID BEFOR THE JURY A GENEALOGICAL TREE OF THE MACKENZIES EARLS OF CROMARTY FROM SIR RODERICK MACKENZIE OF COIGACH TUTOR OF KINTAIL DOWN TO ALEXANDER MACKENZIE ESQUIRE THE PRESENT CLAIMANT WITH REFERENCES THEREON  BY THE SAID JOHN MACKENZIE WRITER IN TAIN  AND THE SAID JOHN ANDERSON WRITER TO THE SIGNET DATED THE FOURTEENTH AND SIXTENTH DAYS OF AUGUST EIGHTEEN HUNDRED AND  TWENTY SIX AND MARKED NUMBER ONE AS ALSO A DETAILED PEDIGREE OF THE  DESCENT TO THE CLAIMANT FROM THE SAID SIR  RODERICK MACKENZIE OF COIGACH MARKED NUMBER TWO TOGETHER WITH A PAPER ENTITLED ABSTRACT OR SUMMARY OF  THE EVIDENCE IN SUPPORT OF THE PRECEEDING CASE OF PEDIGRE OF THE SAID ALEXANDER MACKENZIE ESQUIRE THE CLAIMANT AND MARKED NUMBER THREE CONTAINING EXCERPS FROM THE RESPECTIVE WRITS AND DOCUMENTS AS WELL AS DEPOSITIONS OF THE WITNESSES AND PAROLE TESTIMONY ALL THEREIN REFERED TO AND FOUNDED ON AND WHICH SEVERAL DEPOSITIONS WITH THE PETITIONS TO THE SHERIFF SUBSTITUTE ROSS AND CROMARTY OF SEVENTH NOVEMBER EIGHTEN HUNDRED AND TWENTY FIVE AND INTERLOCTOR AND EXECUTION THEREON OF SAME DATE PETITION TO THE SAME OF TWENTY FIRST FEBRUARY WITH INTERLOCTOR THEREON OF TWENTY SECOND FEBRUARY EIGHTEEN HUNDRED AND
TWENTY SIX DILEGENCE AGAINST WITNESSES DATED THE SAID TWENTY SECOND DAY OF FEBRUARY EIGHTEEN HUNDRED AND TWENTY SIX  PETITION TO THE SHERIFF SUBSTITUTE OF INVERNESS DATED THE THIRTENTH DAY OF JANUARY EIGHTEEN HUNDRED AND TWENTY SIX WITH DILIGENCE AGAINST WITNESSES ALL AND UNDER AUTHORITY OF WHICH THE SAID RESPECTIVE DEPOSITIONS PROCEEDED WITH TWO EXECUTORS FOLLOWING THEREON ACT AND COMMIION IN FAVOUR OF THE CLAIMANT DATED THE TWENTY SECOND DAY OF FEBRUARY EIGHTEEN HUNDRED AND AND TWENTY SIX PETITION UNDER IT TO THE SHERIFF OF EDINBURGH DATED THE TWENTY EIGHTH DAY OF MARCH EIGHTEEN HUNDRED AND TWENTY SIX AND SHERIFF  INTERLOCTOR THEREON OF SAME DATE AND REPORT OF THE EXAMINATIONS OF MRS ANN LAMONT UNDER THE SAID COMMISION WITH THE SAID HAILL  DOCUMENTS
THEMSELVES SO FOUNDED ON AND REFERED TO ARE NOW PRODUCED AND LAID BEFORE THE SAID JURY THE SAID RESPECTIVE DEPOSITIONS EMITTED IN OATH WITH THE HAILL PROCESS CONFORM TO INVENTORY BEING LODGED WITH THE CLERK OF COURT TO BE ENTERED WITH THE RECORDS OF THE SHERIFF COURT OF ROSS WHICH GENEALOGICAL TREE TOGETHER WITH THE DETAILED PEDIGREE AND ABSTRACT OR SUMMARY OF THE EVIDENCEAS ALSO THE HAILL WRITTEN AND PAROLE TESTIMONY LED IN SUPPORT THEREOF AND OF THE CLAIM OF SERVICE BEING SOLEMLY EXAMINED AND CONSIDERED BY THE FORESAID PERSONS OF INQEST PROCLAMATION WAS AGAIN MADE IN COURT  AND AT THE DOOR OF THE COURT HOUSE AS IS BUT NO PERSON OR PERSONS APPEARED TO OBJECT TO THE PREMISSES TO THE SAID PRODUCTIONS WHEREAPON THE SAID SHERIFFS ORDAIN THE SAID ASSIZE TO ENCLOSE AND MAKE UP AND RETURN THERE VERDICT WHICH PERSONS OF INQUEST BEING SOLEMNLY SWORN AS SAID AS DID ENCLOSE AND ELECT THE SAID RODERICK MACLEOD ESQUIRE OF CADBOLL ADVOCATE TO BE THEIR CHANCELLOR AND HAVING A GAIN RECONSIDER THE SAID CLAIM WITH HAILL INSTRUCTIONS THEREOF TOGETHER WITH THE SAID BRIEF PRECEPT FOR EXECUTING THE SAME AND EXECUTION OF THE SAID BRIEF WITH THE DEPOSITIONS OF THE OFFICER AND WITNESSES TO THE VERITY THEREOF AND DOCUMENTARY AND PAROLE EVIDENCE ADDUCED IN SUPORT OF THE CLAIM AND FINDING THE SAME ALL ORDERLY PROCEEDED AND LEGALLY DONE AND THE FORESAID CLAIM SUFFICIENTLY VERIFIED AND INSTRUCTED WITHOUT ANY OBJECTION THEY ALL IN ONE VOICE BY THEIR CHANCELLOR SERVED AND COGNOSED AND  DO HEREBY UNANIMOUSLY SERVE COGNOSIE AND RETOUR THE SAID ALEXANDER MACKENZIE ESQUIRE PRESENTLY IN THE MILITARY SERVICE OF THE HONOURABLE SOCIETY OF MERCHANTS TRADING TO THE EAST INDIES TO BE NEAREST AND LAWFUL HEIR MALE OF THE SAID UMGUWHILE SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY BROTHER GERMAN OF ALEXANDER MACKENZIE THE GREAT GREAT GRANDFATHER OF THE SAID ALEXANDER MACKENZIE ESQUIRE CONFORM TO THE SAID BRIEF CLAIM AND HAILL INSTRUCTIONS THEREOF IN ALL POINTS AND ORDAINED AND HEREBY ORDAIN THIS SERVICE TO BE RETOURED TO HIS MAJESTIES  CHANCERY CONFORM TO THE TERMS OF THE BRIEF IN DUE FORM OF LAW AND IN TESTIMONY OF THE PREMISSES THE SAID CHANCELLOR DID IN THE PRESENCE OF THE SAID JURY AND THEIR AUTHORITY SIGN AND AUTHENTICATE IN OPEN COURT THE FORESAID GENEALOGICAL TREE AS ALSO THE SAID DETAILED PEDIGRE AND ABSTRACT OR SUMMARY OF EVIDENCE IN SUPPORT THEREOF ALL WHICH PAPERS ARE LEFT WITH THE CLERK OF COURTNTO BE PLACED AMONG THE RECORDS OF THE SHERIFF COURT OF ROSS IN FUTURAM REI MEMORAM UPON ALL WHICH THE SAID JOHN ANDERSON AND JOHN MACKENZIE AS PROCURATORS FORESAID TOOK INSTRUMENTS IN THE CLERKS HANDS THAT NO ONE APPEARED TO OBJECT AND CRAVED THE HONOURABLE SHERIFF WOULD INTERPONE THEIR AUTHORITY ACCORDINGLY
SIGNED JOHN ANDERSON
JOHN MACKENZIE
AND THEREAPON THE JUDGES INTERPONED AND HEREBY INTERPONE THEIR AUTHORITY  TO THE HAIL PREMISSES AND IN FURTHER VERIFICATION THEY ALSO SIGN THE SAID GENEALOGICAL TREE THE DETAILED PEDIGRE AND ABSTRACT OF EVIDENCE IN SUPPORT THEREOF SIGNED
DONALD MCLEOD SHERIFF DEPUTE

 

SCOTTISH RECORD OFFICE REFERENCE C22/92 CROSS REFERENCED TO C24/92 ORIGINAL RETOUR MONTHLY NO 6.

THIS ENQUIRY WAS HELD IN THE COURT CURIA OF THE VICE-COUNTY OF EDINBURGH IN THE HOUSE OF THE SUPERIOR COUNCIL OF THE SAID BURG TOWN ON THE 17TH DAY OF THE MONTH OF JANUARY A.D. 1798 17-1-1798 BEFORE JAMES CLERK ARMIGERO ADVOCATO VICECOMITE DEPUTY MILITARY ADVOCATE-COUNTY DEPUTY OF THE SAID VICE-COUNTY SPECIALLY CONSTITUTED BY THESE HONEST PROVEN AND FAITHFUL MEN OF THE FATHERLAND BELOW WRITTEN VIZ MR WILLIAM RICHARDSON SOLICITOR AT LAW OF THE CHANCERY OF EDINBURGH MESSRS JOHN EISTON WILLIAM SCOTT WILLIAM SPROTT ALEXANDER NEILSON EDWARD YOUNG JAMES TEGGANS OR FEGGANS JOHN WOOD JOHN ORMSTON JOHN GRAY ANDREW CROMBIE ALEXANDER PONTON DONALD GRASSICK ROBERT TENNENT AND JAMES ROBERTSON ALL SOLICITORS AT LAW OF THE SAME PLACE THESE HAVING BEEN SWORN IN ON OATH MAGNO SACRAMENTO INTERVENIENTE DECLARED THAT A CERTAIN KENNETH MCKENZIE MILITARY MAN ARMIGER LATELY OF CROMARTY WHO WAS THE LEGITIMATE ELDEST SON OF THE DEFUNCT CAPTAIN RODERICK WHO WAS THE LEGITIMATE SECOND SON OF THE ALSO DEFUNCT JOHN EARL OF CROMARTY WHO WAS THE LEGITIMATE ELDEST SON OF GEORGE VICE-COUNT OF TARBAT LATER EARL OF CROMARTY DIED AD FIDEM ET PACEM OF OUR SOVEREIGN LORD THE KING NOW REIGNING\par
AND THAT THE LIEUTENANT-COLONEL ROBERT MCKENZIE IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY OF MERCHANTS IS THE ELDEST LEGITIMATE SON LIVING OF THE DEFUNCT ALEXANDER MCKENZIE LATELY OF ARDLOCH WHO WAS THE LEGITIMATE ELDEST SON OF THE ALSO DEFUNT JOHN MCKENZIE OF ARDLOCH WHO WAS THE LEGITIMATE ELDEST SON OF THE ALSO
DEFUNCT ALEXANDER MCKENZIE WHO WAS LEGITIMATE SON OF LORD JOHN MCKENZIE OF TARBAT AND GERMAIN BROTHER OF THE SAID GEORGE VICE-COUNT OF TARBAT AND LATER VICE-COUNT OF CROMARTY BOTH OF WHOM ARE ALSO DEAD IS THE LEGITIMATE AND NEAREST MALE HEIR TO THE TALLIA ET PROVISIONIS OF THE SAID KENNETH MCKENZIE LATELY OFCROMARTY WHO WAS HEIR
DESERVITUS ET RESTORNATUS OF LORD KENNETH MCKENZIE DE GRANDVILLE WHO WAS HEIR DESERVITUS ET RETORNATUS OF LORD GEORGE MCKENZIE DE GRANDVILLE HIS ELDEST BROTHER WHO WAS ELDEST SON OF LORD KENNETH MCKENZIE OF CROMARTY LEGITIMATE SECOND SON OF THE SAID GEORGE VICE-COUNT OF TARBAT AND  LATER EARL OF CROMARTY BY VIRTUE OF AND ACCORDING TO THE DISPOSITION AND CHARTER OF TALLIA CONTAINING THE SUBSTITUTION PROVISIONS CONDITIONS IRRITANT CLAUSES AND REOLUTIONS THEREIN SPECIFIED WHICH WAS MADE AND GRANTED BY THE SAID GEORGE VICE-COUNT OF TARBAT LORD MCLEOD AND CASTLEHAVEN AND LATER EARL OF CROMARTY GIVEN ON THE 28TH DAY OF NOVEMBER A.D. 1688 BY WHICH FOR REASONS THEREIN MENTIONED HE GAVE AND DISPOSED ALL AND INTEGRALLY THE LANDS AND BARONY OF ROYSTON INCLUDING PARTICULAR LANDS AND OTHER THINGS THEREIN SPECIFIED LYING IN THE VICE-COUNTY OF EDINBURGH TO MR JAMES MCKENZIE HIS THIRD LEGITIMATE SON LATER LORD JAMES MCKENZIE OF ROYSTON AND ONE OF THE LORDS OF SESSIONS AND TO HIS LEGITIMATE MALE HEIRS BEGOTTEN OF HIS BODY WHO FAILINGTO THE ABOVE MENTIONED LORD KENNETH MCKENZIE OF CROMARTY THEREIN DESIGNATED AS MR KENNETH MCKENZIE SECOND LEGITIMATE SON OF THE SAID VICE-COUNT AND TO THE MALE HEIRS LEGITIMATE BEGOTTEN OF HIS BODY FAILING WHICH TO THE SAID JOHN EARL OF CROMARTY THEREIN DESIGNATED AS JOHN MASTER OF TARBAT ELDEST LEGITIMATE SON OF THE SAID VICE-COUNT AND TO HIS MALE HEIRS BEGOTTEN OR TO BE BEGOTTEN OF HIS BODY WHO FAILLING TO THE OTHER MALE HEIRS LEGITIMATELY BEGOTTEN OR TO BE BEGOTTEN OF THE BODY OF THE SAID NOBLE VICE-COUNT HIMSELF FAILING WHICH TO ANY OTHER PERSON OR PERSONS BY HIM NOMINATED IN THE MANNER MENTIONED IN THE CHARTER OF TALLIE FAILING WHICH TO THE HEIRS AND ASSIGNS OF THE SAID VICE-COUNT WHOMSOEVER IN INHERITANCE AND IRREVOCABLY THAT THEREFOR SINCE MALE HEIRS FROM THE BODY OF THE SAID GEORGE VICE-COUNT OF TARBAT AND MAKER FORMATOR OF THE SAID TALLIA ARE NOW DEFICIENT AND DEFUNCT BY THE DEATH OF THE SAID KENNETH MCKENZIE LATE ARMIGER OF CROMARTY AND NO PERSON OR PERSONS WERE NAMED TO THE SUCCESSION BY THE SAID VICE-COUNT IMMEDIATELY AFTER THE DEFECTION OF MALE HEIR BEGOTTEN OF HIS BODY BY THE TERMS OF THE SAID POWERS AND FACULTIES AND AS THE SAID ALEXANDER MCKENZIE GREAT-GRAND-FATHER OF THE SAID COLONEL ROBERT MCKENZIE WAS ONLY GERMAIN BROTHER OF THE SAID GEORGE VICE-COUNT OF TARBAT MAKER OF THE SAID TALIA FROM WHOSE BODY MALE HEIRS ARE NOW IN EXISTENCE THE SAID COLONEL ROBERT MCKENZIEPRESENTER OF THE PRESENT PLEA IS THE MALE HEIR TO THE SAID VICE-COUNBT AND ENTITLED TO THE SAID SUCCESSION UNDER THE SAID CHARTER OF TYALLIA IN THE TERMS DIRECTIVES AND  SUBSTITUTIONS ABOVE-WRITTEN FOR THE DISPOSAL OF THE SAID LANDS AND BARONY TO THE MALE HEIRS OF THE SAID GEORGE VICE-COUNT OF TARBAT WHOMSOEVER AND THAT HE IS OF LEGITIMATE LEGAL AGE IN CUJUS REI IN WITNESS THERETO THE SEAL OF THOSE INVOLVED IN THIS ENQUIRY WITH THE BRIEF OF THE KING DULY EXECUTED AND THE SEAL OF THE COMMUNE WITH THE SIGN MANUAL OF JAMES NEWBIGGING PRINCIPAL ARMIGER CLERK OF THE SAID VICE-COUNTY SPECIALLY CONSTITUTED ARE APPENDED TO THE PRESENTS SIGNED JAMES NEWBIGGING 6TH FEBRUARY 1798.

 

 

 

 

 

 

Act dissolving the barony of Tarbat from the shire of Ross

Our sovereign lord, with consent of his estates of parliament, do hereby dissolve and disjoin all and whole of the barony of Tarbat and all therein incorporated, with the parts and pertinents pertaining heritably to George [MacKenzie], viscount of Tarbat, and to John [MacKenzie], master of Tarbat, his son, as also Little Farness and others his lands within the barony of Delny, together with the lands of Wester St Martins, Easter Balblair and the ferry belonging to George Dallas of St Martins, from the sheriffdom of Ross (within the which the same now lies by the late division from Inverness-shire); and his majesty, with consent foresaid, does adjoin, annex and incorporate the said baronies, lands and others foresaid to the sheriffship and sheriffdom of Cromarty, and statutes, ordains and declares them, in all time coming, to be a part of the said sheriffdom of Cromarty in and to all effects and purposes and particularly in point of jurisdiction, judicators civil and criminal and all other public and private matters whatsoever, discharging hereby all other sheriffs and their deputes and justices of peace of Ross from exercising any power or jurisdiction over the said lands, baronies and others foresaid, heritors and inhabitants thereof, in any time coming, as being only answerable to the sheriff courts of Cromarty and justices of peace therein; and ordains the quota of valuation, cess, supply, levies and all other public burdens, present and to come, with which the said lands, baronies and others foresaid are or may be affected, to be deducted, separated and taken off from the shire of Ross and annexed and adjoined to what is or shall be payable by or imposed upon the said shire of Cromarty, and to be uplifted and paid with it in all time coming. And also for clearing thereof, ordains the present valuation of the said lands, baronies and others foresaid, number of the militia of horse and foot of the same, to be reported to his majesty's privy council and recorded in their books, and likewise to be recorded in the valuation-books of the shire of Cromarty as a perpetual rule for the future. And further his majesty, with consent foresaid, hereby erects in favour of the said George, viscount of Tarbat, his heirs and successors, the village and town of Cromarty, and houses, biggings, yards, rigs and acres belonging thereto, in a free burgh of barony, to be called, now and in all time coming, the burgh of barony of Cromarty, with the privilege of a weekly market on Thursday, or any other day of the week they shall find most convenient, and with all other privileges, tolls and customs due by law to a burgh of barony, and gives and conveys to the said George, viscount of Tarbat, his heirs and successors, full power to elect bailies within the said burgh yearly, as also clerks and all other members of court needful, and appoints the said town of Cromarty to be the head burgh of the shire (albeit the privilege thereof as a burgh royal be suppressed) and that all denunciations, inhibitions and other executions, diligences, proclamations and others of the law, prescribed or to be prescribed, be used at the market cross thereof now and in all time coming, and as well to the lands and others now erected and incorporated with the said shire of Cromarty as those formerly and originally incorporated therein; and it is hereby declared that this is without prejudice to the said George, viscount of Tarbat, his heirs and successors of any other jurisdiction of regality or bailiary formerly belonging to him within the said whole lands and bounds thereof.

 

 

 

Ratification in favour [George MacKenzie], viscount of Tarbat

Our sovereign lord, with advice and consent of his estates of parliament, for the good and faithful services done and performed to his majesty and his most royal progenitors in times past by his highness's right trusty and well beloved cousin and familiar counsellor George, viscount of Tarbat, lord MacLeod and Castlehaven, lord register, and his predecessors, by these words ratifies, approves and confirms to the said George, viscount of Tarbat and Lady Anna Sinclair, his spouse, the longest liver of them two in conjunct fee and liferent, and male heirs lawfully procreated or to be procreated between them, which failing to the said lord, viscount of Tarbat his other heirs whomsoever and their assignees, heritably and irredeemably, a charter of the date at Edinburgh, 3 August 1683, whereby his majesty's dearly and entirely beloved brother King Charles II, of ever glorious memory, with the special advice and consent of William [Douglas], duke of Queensberry, his highness's principal treasurer, lord treasurer depute and remaining lords of his majesty's exchequer of this his majesty's ancient kingdom of Scotland, his highness's commissioners, gave, granted, conveyed and perpetually confirmed to the said George, viscount of Tarbat (therein designed) Sir George MacKenzie of Tarbat, knight and baronet, lord register, and to his said spouse and their foresaids in liferent and fee respectively, and heritably and irredeemably as said is, all and whole the lands and others after-specified, namely all and entire the lands of Easter Granton, with the manor place, houses, biggings, yards, orchards, tofts, crofts, dovecots, built and to be built, coals, coalhaughs, as well already winned and dug as to be winned and dug, and quarries within the whole bounds of the said lands or any part thereof, together with the wrack and wair as well within the sea ebb as without the same, adjacent to any part of the said lands, lying and bounded in manner under-written, namely between the water or strip called Granton Burn, as the same directly falls from the lands of Muirhouse in the sea on the west, the said lands of Muirhouse and Pilton on the south, and the lands of Wardie and Wardieburn on the east, and the said sea on the north parts, with the fishing, as well as of salmon as white, and other fishings between the [---] of the sea, together with the sea links and cuningars of the said lands of Easter Granton, and with all and sundry other parts, pendicles, privileges, liberties and immunities pertaining and belonging thereto, lying within the sheriffdom of Edinburgh. As also, all and entire the lands of Goldenriggs, alias Golden-acres, with houses, biggings, yards, tofts, crofts, orchards, coals, coalhaughs, commonties, common pasturages, parts, pendicles and pertinents thereof whatsoever, lying within the sheriffdom foresaid; together also with the teinds, as well parsonage as vicarage, of all the said lands and others foresaids, and which lands, fishings, teinds and others above-specified, with the pertinents, were all united, erected and incorporated in a whole and free barony, called the barony of Royston, conforming to a charter thereof, under the great seal, granted to the deceased Patrick Nicol of Royston, author to the said George, viscount of Tarbat, his said spouse and their foresaids thereupon, of the date 15 June 1661, whereby a sasine to be taken at the manor place of Easter Granton, or upon the ground of any other part of the said lands, is declared to be sufficient for the whole lands, barony, fishings, coals, coalhaughs and others particularly and generally above-written, as a particular sasine were taken by the said Patrick Nicol, his heirs and successors upon each part and portion thereof, wherein his majesty dispensed forever; to be held of his highness and his royal successors, as superiors thereof, to the said George, viscount of Tarbat, his said lady and his foresaids, in liferent, fee heritage and free barony forever, with the privileges of a barony and others therein mentioned here held as expressed for the cause of brevity, given yearly by the said lord viscount of Tarbat, his said lady and their foresaids, to his majesty and his royal successors, for the said lands of Easter Granton, with the manor place, links, cuningars, fishings and others above-mentioned belonging thereto, the rights and services used and wont, but with this express condition and provision always, likewise by the said charter it is specially provided and declared, willed, discerned and ordained that, notwithstanding the said lands and others foresaids, or any part thereof, should fall in the hands of his majesty or his royal successors, by reason of ward and non-entry or either of them in time coming, yet nevertheless it should be rightful and lawful to the heirs, successors and assignees of the said George, viscount of Tarbat peaceably to possess, bruik and enjoy the same lands and others foresaids with the pertinents, and to intromit with and uplift the whole mails, ferms and emoluments and casualties belonging thereto, in all time coming, and thereupon to use and convey at pleasure, for payment yearly to his majesty and royal successors of the sum of £18 money of this realm only, for the said ward and non-entry, at two terms in the year, that is Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions, the like sum for the relief and of the sum of £100 money foresaid for the marriage of the heirs or heirs, one or more, as often and how often the said ward, non-entry, relief and marriage respectively shall fall out and occur, and to which respective duties the said ward, non-entry, relief and marriage, and all benefit and casualties thereof, were taxed by his late majesty by charter, under the great seal, granted in favour of the deceased Patrick Nicol of Royston in liferent and Margaret Nicol, his daughter, in fee, and to her heirs and assignees therein specified, of the date above-mentioned, with power to the heirs, successors and assignees of the said Margaret from time to time to obtain themselves served, retoured and infeft in the said lands and others foresaid, as heirs in special to their predecessors, notwithstanding of the nature of the holding, and that they be minors for the time, wherein his late majesty, for him and his royal successors, dispensed for ever; and likewise, with the inquest and judges in the said services, and in like manner with power to them to sell and convey thereupon, under reversion or otherwise, or upon annualrents one or more furth thereof, without any hazard of recognition or other action whatsoever, and after redemption thereof to return to their right of the said lands and others foresaid, without necessity of any new sasine; and by the charter now confirmed the said George, viscount of Tarbat, and his foresaids, have the same power in all time coming; as also given yearly the said viscount, and his foresaids, to his majesty and his successors, for the said lands of Goldenrigs, alias Golden-acres, and others foresaids with the pertinents, the feu duties, blench duties and other duties payable to his majesty and his foresaids furth thereof, and contained in the rights and infeftments of the same, at the terms used and wont, as also, with consent foresaid, ratified, approved and perpetually confirmed to the said viscount, and his said spouse and their foresaids, the disposition made by the deceased Patrick Nicol, by virtue of the power and faculty therein expressed, to George Graham of Inchbrakie, immediate author to the said viscount and his heirs and assignees therein mentioned, of the said lands, barony and others foresaids, dated the [---] day of [---], 1600 and [---] years, charter granted thereupon and sasine following on both or either of them, in manner more fully therein rehearsed; with the precept of sasine contained in the said charter granted to the said viscount and his said lady and their foresaids, and sasine following thereupon, and all other rights made to their authors and predecessors of and concerning the same of whatsoever dates, tenor or contents the same be of, in the whole heads, articles and clauses of the said charters, sasines and rights, declaring hereby this present ratification to be as sufficient and of so great force, strength and effect, to all intents and purposes, as if all the said charters, sasines and rights were word for word herein inserted; wherein and with all faults, nullities and imperfections that may be therein, our said sovereign lord, with advice and consent of his said estates of parliament, hereby dispenses, renounces and gives over the same, with agreement of not supplicating, in favour of the said George, viscount of Tarbat, and his said lady and their foresaids forever. And in respect the said viscount is lord register for the time, and so cannot subscribe his own evidences, his majesty, with consent foresaid, ordains and allows any of his deputes and under clerks in parliament to give furth and subscribe extracts of the said ratification furth of the records of parliament.

 

1704/7/8]*[print] [email] [cite] [preceding] [following]

Charter: patent in favour of the earl of Cromarty

Patent creating the viscount of Tarbat, lord secretary, earl of Cromarty read and ordered to be recorded, whereof the tenor follows.

The earl of Cromartie's patent

Anna, Dei gratia, Magnae Britanniae, Franciae et Hiberniae, regina, fideique defensor, omnibus probis hominibus ad quos praesentes literae nostrae pervenerint salutem. Quandoquidem nos regio nostro animo perpendentes fidelitatem continuam et affectum fidelissimi et dilectissimi nostri consanguinei et conciliarii Georgii, vicecomitis de Tarbat nostri principalis status secretarii pro antiquo regno nostro Scotiae erga nostram personam et regimen; et quod diversis insigniis muneribus et stationibus a quinque nostrorum regiorum praedecessorum ipsi concreditis summo cum honore et fidelitate functus sit; ob hasce igitur et perplurimas alias considerationes quendam regiae nostrae gratiae characterem in eundem Georgium vicecomitem de Tarbat conferre benigne statuimus ut sibi et suae familiae durabilis fiat additio honoris; noveritis igitur nos fecisse constituisse et creasse sicuti per has nostras patentes literas facimus constituimus et creamus dictum Georgium, vicecomitem de Tarbat, comitem de Cromarty, vicecomitem de Tarbat, dominum Mackleod et Castlehaven infra dictum regnum; dando concedendo et conferendo praenominato Georgio, vicecomiti de Tarbat et heredibus suis masculis et talliae titulum honorem dignitatem et gradum comitis cum omnibus et singulis praeeminentiis praerogativis privilegiis et immunitatibus quibuscunque eo spectantibus; quibuscum nos praefatum Georgium, vicecomitem de Tarbat ejusque praedictos omni tempore futuro per praesentes nobilitamus et investimus tenendum et habendum praedictum titulum honorem dignitatem et gradum comitis vicecomitis et domini; cum universis et singulis praerogativis praecedentiis praeeminentiis et privilegiis suprascriptis per eundem Georgium, vicecomitem de Tarbat ejusque antedictos de nobis nostrisque regiis successoribus in omnibus parliamentis ordinum conventibus generalibus conciliis aliisque congressibus quibuscunque publicis seu privatis in dicto regno nostro tam plenarie et libere in quovis respectu et conditione quam quivis alius comes vicecomes et doininus simili titulo honore et dignitate perprius gavisus est seu quovis tempore praeterito praesenti vel futuro gaudere poterit. Leoni porro armorum regi ejusque fratribus faecialibus imperamus ut praefato Georgio, vicecomiti de Tarbat nunc comiti de Cromartie talia prioribus insigniis ejus gentilitiis additamenta qualia ipsi illisque hac occasione convenientia videbuntur dent et praescribant ordinantes et declarantes hasce nostras patentes literas magno nostro sigillo munitas adeo validas efficaces et sufficientes fore illi ejusque antedictis pro possidendo praedicto titulo honore dignitate et gradu cum omnibus privilegiis aliisque eo spectantibus ac si cum omnibus ritibus et solennitatibus similibus occasionibus perprius usitatis ille ejusque praedicti investiti et inaugurati essent. Quocirca dispensavimus perque presentes in perpetuum dispensamus. In cujus rei testimonium praesentibus magnum sigillum nostrum appendi praecepimus. Apud aulam nostram de St James's, primo die mensis Januarii, anno Domini millesimo septingentesimo tertio et anno regni nostri primo. Per signaturam manu S. D. N. reginae suprascriptam.

Written to the great seal and registrat the eighteenth day of September, 1703. Sic subscribitur, Charles Kerr. Sealed at Edinburgh the eighteenth day of September, one thousand, seven hundreth and three years, by special order till the seal be renewed. Sic subscribitur, Alexander Ogilvie.

 

 

[1704/7/8]*

Charter: patent in favour of the earl of Cromarty

Patent creating [George MacKenzie], viscount of Tarbat, lord secretary, earl of Cromarty read and ordered to be recorded, whereof the tenor follows.

The earl of Cromarty's patent

Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we call to our royal mind the continual loyalty and affection for our person and government of our most loyal and well-beloved kinsman and councillor George, viscount of Tarbat, our principal secretary of state for our ancient kingdom of Scotland, and because he has fulfilled with the highest honour and loyalty the various outstanding appointments and places entrusted to him by our five royal predecessors; therefore for these and very many other considerations, we have decided of our kindness to confer some token of our royal favour upon this same George, viscount of Tarbat, so that he and his family may have a lasting addition of honour; know therefore that we have made, constituted and created, and by these our letters patent do make, constitute and create the said George, viscount of Tarbat earl of Cromarty, viscount of Tarbat, and lord MacLeod and Castlehaven within the said kingdom, by giving, granting and conferring upon on the foresaid George, viscount of Tarbat, and his male heirs and of entail, the title, honour, dignity and rank of earl with each and every pre-eminence, prerogative, privilege and immunity whatsoever relating thereto. By this patent we ennoble and invest the foresaid George, viscount of Tarbat, and his foresaid heirs with these for all future time. This same George, viscount of Tarbat, and his foresaid heirs are to hold and have the foresaid title, honour, dignity and rank of earl, viscount and lord with each and every prerogative, precedence, pre-eminence and privilege above-written from us and our royal successors in all parliaments, meetings of the estates, general councils and other meetings whatsoever, public or private, in our said kingdom, as fully and freely in every respect and condition as any other earl, viscount and lord of similar title, honour and dignity has enjoyed in the past, or will be able to enjoy at any time, past, present or future. Moreover, we order the lyon king of arms and the brethren of his court to give and prescribe for George, viscount of Tarbat, now earl of Cromarty, such additions to his former coat of arms as shall seem to him and them suitable for this occasion. We ordain and declare that these our letters patent furnished with our great seal shall be as valid, effective and sufficient for him and his foresaid heirs to possess the foresaid title, honour, dignity and rank with every privilege and anything else relating thereto as if he and his foresaid heirs had been invested and inaugurated with every rite and solemnity used on such occasions in former times. We have granted, and by this patent do grant a dispensation therefrom in perpetuity. In witness whereof, we have ordered that our great seal be attached to this patent. At our palace of St James's, 1 January in the year of our Lord 1703, and in the first year of our reign. Signed by the hand manual of our supreme lady the queen.

Written to the great seal and registered 18 September 1703. Signed thus: Charles Kerr. Sealed at Edinburgh, 18 September 1703, by special order until the seal is renewed. Signed: Alexander Ogilvie.