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The British Herald or Cabinet of Armorial Bearings Mackenzie Sir Alexander n.s. Bart. Tarbat, co. of Cromarty; born 16 may 1802; succeeded to the title, as third Bart. 3rd October 1826. creation, 8th February 1704, with precedency of 31st May 1628, residence, at present in India, in the east India company`s military service per pale, or and ss; in the Dexter a mountain of the second, inflamed, for McLeod, of Lewis ; in the sinister a deer’s head, cabossed of the first, as linearly descended of a brother of the earl of Seaforth by the name of Mackenzie; over all, dividing the said two coats, a paless, charged with an imperial crown ppr.; as being cadet of the earl of Kellie, by his mother, who was Beretrix to sir George Erskine, brother of the said earl,---crest, a mountain inflamed. supporters, Dexter, a naked savage, bearing on his shoulders a baton ppr,; sinister, a grey hound ar, collared gu, motto, in s scroll above, lucco non uro sir alexander Erskine, 2nd Bart of Cambo (b 1663, d 1727, Lyon King of Arms) ... Anna Erskine (dau of alexander Erskine, 3rd earl of Kellie) Charles (Erskine), earl of Kellie, cousin and h. male, being 3rd s. of sir Charles Erskine, 6th Bart. Of Cambo, co. Fife, by Margaret, dau. Of John Chiene, which Sir Charles (d. 6 mar. 1790) was s. and h. of David Erskine, Lyon depute (d 7 Oct. 1769), who (being yr. br. to the 3rd, 4th, and 5th Bart’s., all of whom d. unm.) was 6th s. of Sir Alexander Erskine, 2nd Bart. Lyon King of Arms (d. 1727), s. and h. of Sir Charles Erskine, cr. a Baronet, 20th Aug. 1666, Lyon King of Arms (d. Sep. 1677), who was yr. br. of the 2nd and 3rd Earls, being 3rd s. of alexander Erskine, styled viscount Fentoun, only s. and h. ap. of Thomas, 1st Earl of Kellie. He was b. about 1764; was sometime Capt. in the Fifeshire light dragoons. He suc. To the Baronetcy on the death of his elder br., Sir William Erskine, 7th Bart., 2 Oct. 1791. He d. unm. Aged 35, at Folkestone, Kent, 28th Oct., and was bur. 9th Nov. 1799, in the church there. M.I. history of the Mackenzie’s (Webster & apos;s) taking the term Haredibus Masculis according to the opinion of J. Riddell, the well-known advocate and author in the sense of our law and equivalent to heirs male whatsoever the representation of the Tarbat Baronetcy would then revert to the brothers of George 1st earl of Cromarty the next of whom was Roderick Lord Prestonhall but here again the fatality to heirs male which has dogged the steps of the Cromarty titles in so extraordinary a manner ended the succession in the children of his son Alexander of Fraserdale Riddell in his opinion upon the revival of 1826 says I certainly saw proof of the male extinction of the Prestonhall branch several years ago that is in one of the Lovat actions of Fraserdale or McLeod of McLeod and after that family the succession of descendant’s of Alexander of Ardloch fourth son of Sir John Mackenzie of Tarbat was proved in service at Tain Rosshire on 30th October 1826 in person of lieutenant-colonel Alexander Mackenzie heir male of Tarbat Cromarty Grandville Royston eldest son of Colonel Robert Mackenzie of Milnmount died 1809. the Asiatic journal and monthly register for British and foreign India... 48th Native Infantry Captain and brev. major William Hough to be Major, Lieutenant and brev. Captain Sir Alexander Mackenzie Baronet to be Captain of a company and ensign f.t. Paterson to be lieutenant from the first march 1840 in succession to Major rap Thomas retired.

 

 

 

James Alexander St Clair-Erskine, 3rd Earl of Rosslyn

Succeeded 1837, died 1866

Master of the Buckhounds and under-Secretary of State for War in 1859. He married Frances Wemyss, daughter of Lt. General William Wemyss of Wemyss Castle in Fife. 

He instructed the architect David Bryce to carry out restoration work at the Chapel. The carvings in the Lady Chapel were attended to and stones were relaid in the sacristy and an altar established there. The Chapel was rededicated on Tuesday April 22nd 1862, by the Bishop of Edinburgh.

http://www.rosslynchapel.org.uk/p/the-st-clair-family-I178/

SIR ALEXANDER MACKENZIE OF SKYE TARBAT ROYSTON CROMARTY

https://sites.google.com/site/paulkayfostermackenziecorp/2012-6th-june

SCOTTISH RECORD OFFICE RECORD REPOSITORY SCOTLANDS MAIN ARCHIVE AND LIBRARY LISTING RH REGISTER HOUSE PAPERS,RD REGISTER OF DEEDS BOOKS OF COUNCIL SESSION,RS REGISTER OF SASINES,RT REGISTER OF TAILZIES AND CHANCERY RECORDS PS PRIVY SEAL, RETOURS,SERVICE OF HEIRS AND SHERIFF COURT SERVICES

ORIGINAL TYPED EXTRACTS OF SIR ALEXANDER MACKENZIE OF ROYSTON CROMARTY GRANDVILLE TARBAT AND INTERFAMILY RELATIONSHIPS ON ESTATES IN THE NORTH OF ISLE OF SKYE SCOTLAND FOR PUBLIC RESEARCH HISTORY.http://www.scribd.com/USGADGE​

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ADAM & EVE Adam & Eve Seth Enos Cainan Mahalaleel P Jared A Enoch T Methuselah R Lamech I Noah A Shem R Arphaxad Gen 7:6-7, 11:10, 1 Pet 3:20 C Salah (Shalikh) King of Babylon H Eber (Heber) Ibn Salah King of Babylon S Peleg (Falikh) King of Babylon Reu (Ra'u) King of Lagash Serug (Saragh) King of Ur & Agade Nahor (Nahur) King of Ur & Agade Terah (Tarih) King of Agade Abraham Ben Terah & Sarah; Hagar - Ishmael Isaac Ben Abraham & Rebekah Jacob Judah b. 1805 BC Zerah (Gen 38:30) Dara or Darda Clan Leader Tribe of Judah (1 Chr 2:6-7) Erichthonius King of Dardania Tros Ruler of Troy Llus & Eurydike Laomedon King of Troy Priamos King of Troy Helenus Zenter or Genger King of the Cimmerians Francus King of the Cimmerians Esdron King of the Cimmerians Zelius or Gelio King of the Cimmerians Basabelian I King of the Cimmerians Plaserius I King of the Cimmerians Plesron I King of the Cimmerians Eliacor King of the Cimmerians Zaberian or Gaberiano King of the Cimmerians Plaserius II King of the Cimmerians Antenor I King of the Cimmerians Priam II King of the Cimmerians T Helenus II King of the Cimmerians R Plesron II King of the Cimmerians O Basabelian II King of the Cimmerians J Alexandre King of the Cimmerians A Priam III King of the Cimmerians N Gentilanor King of the Cimmerians S Almadius King of the Cimmerians Deluglius I King of the Cimmerians Helenus III King of the Cimmerians Plaserio III King of the Cimmerians Diluglio or Dilulius II Marcomier Priam IV Helenus IV of Troy Antenor Prince of Ephraim-King of Cimmerians Marcomier I King of Cimmerians Antenor II King of Cimmerians Priamus V King of Sicambri Helenus King of Sicambri Diocles King of Sicambri Bassanus King of Sicambri Clodomir King of Sicambri Nicanor King of Sicambri Marcomir II King of Sicambri Clodius I King of Sicambri Antenor III King of Sicambri Clodomir II King of Sicambri Merodochus King of Sicambri Cassander King of Sicambri Antharius King of Sicambri Frankus Clodius II King of the West Franks Marcomir III King of the West Franks Clodomir III King of the West Franks Antenor IV King of the West Franks Rathberius King of the Franks Richemer King of the Franks Odomir King of the Franks Marcomir IV King of the Franks Clodomir IV King of the Franks Farabert King of the Franks Sunno (Huano) King of the Franks Hilderic King of the Franks Bartherus King of the Franks Clodius III King of the Franks Walter King of the Franks F Dagobert Duke of East Franks R Genebald Duke of the Franks A Dogobert Duke of East Franks N Clodius Duke of East Franks C Marcomir Duke of the Franks E King Pharamond Clodion King of France Merovek Childeric Clovis Clothar Sigebert Cloderic metz Dode van keulen Ansbert de schelde Arnoldus da saxonia Arnold de metz Egicus majordomus Erchembaudus majordomus Lendisus majordomus Eticho I alsacia Adalbert alsacia Luitfrid Luitfride ii Гуго III Турский b. 780 Hugovan tours Tertullus Ingelger Fulk I d Anjou Fulk II the Good 942-958 Born circa 910 in Anjou, Fulk II was also known as le Réchin. He married Gerverga de Gatinais of Maine in 929. Died 11 Nov 958, at Tours, Neustria. Geoffrey I Greymantle 958-987 Born circa 938, Geoffrey allied Anjou with Nantes against Rennes. Geoffrey was one of the men responsible for bringing Hugh Capet to the throne of France. He was married Adele of Meaux, the daughter of Robert of Vermandois and Adelais de Vergy. Geoffrey died at the siege of Marçon (near Château-du-Loir) in 987. Fulk III the Black 987-1040 Born circa 966, Fulk was the son of Geoffrey Greymantle. He one of the most remarkable figures of his period and the most powerful member of the dynasty. A temperamental, passionate and unbalanced charcater, he notoriously had his first wife, Elisabeth of Vendome, burnt to death in her wedding dress to punish her for adultery. Fulk came into conflict with the Counts of Rennes, he conquered and slew Conan I of Rennes at the Battle of Conquereuil on 27 June 992. He then extended his power over the Counties of Maine and Touraine. He died at Metz, whilst on pilgrima Geoffrey II Martel 1040-1060 Born b. 1006, the only son of Fulk the Black and Hildegard of Sundgauadded, Geoffrey added .to the Angevin dominions by conquering Maine and Touraine but died without a male heir. The Gesta Normannorum Ducum records of him 'a treacherous man in every respect, frequently inflicted assaults and intolerable pressure on his neighbours' House of Plantagenet Geoffrey III the Bearded 1060-1068 The son of Ermenegarde, daughter of Fulk III of Anjou, and Geoffrey, Count of Gâtinais, Geoffrey was born in 1060. He suceeded his uncle, Geoffrey II Martel and was the first of the House of Plantagenet. Disputes with the church resulted in his deposition and imprisonment, but he was freed on the orders of Pope Urban II. Fulk IV Rechin 1068-1109 Fulk IV, the younger son of Ermengarde of Anjou, fought against and imprisoned his elder brother Geoffrey III for possesion of the Angevin domains. Geoffrey IV the Hammer 1098-1106 Geoffrey IV was co-ruler of Anjou, along with his father, Fulk IV. He was assassinated in 1106, possibly at the instigation of his father. Fulk V the Younger 1109-1129 The son of Fulk IV of Anjou and Bertrade de Montfort, Fulk V reincorporated Maine into Anjou by marriage in 1109. Through his marriage to Melisende, daughter of Baldwin II of Jerusalem, he was appointed King of Jerusalem in 1131. Fulk was killed in a hunting accident at Acre in 1143. Geoffrey the Fair 1129-1151 The son of Fulk of Jerusalem, Geoffrey as nicknamed Plantagenet due to his habit of wearing a sprig of broom in his helmet. Contemporaries describe him as handsome and red haired. At the age of fifteen, he embarked upon his stormy marriage to Matilda, the daughter and eventual heiress of Henry I of England, thereby obtaining a claim to England and Normandy. When the throne of England was seized by Matilda's cousin, Stephen, Geoffrey secured Normandy. He died of a fever in 1151 at Château-du-Loir. Henry II 1151-1189 Geoffrey VI (co-regent) 1156-1158 The second son of Geoffrey the Fair and Matilda and younger brother of Henry II. Geoffrey was rn at Rouen, Normandy in 1134. He died at the age of 24 on 26th July, 1158 at Nantes, Brittany. Henry, the Young King (co-regent) 1169-1183 dest son of Henry II born on February 28, 1155 Richard the Lionheart 1183-1199 Arthur of Brittany 1199-1202 Son of Geoffrey of Brittany, 4th son of Henry II, born 29 March 1187 at Nantes. umour states that he was murdered by his uncle, King John in 1202. King John Richard Fitzroy de chilham Countess Isabel de dover John de strathbolgie 10th Earl of athol David 11th earl of athol David 12th earl of athol Daughter of above kenneth mackenzie of Kintail 111 na NA SROINE b -1346 Perth murdoch mackenzie of Kintail V NA HUAGH b 1340-1375 murdoch mackenzie of Kintail 1111x NA DROCHAID b 1370-1416 alexander mackenzie of Kintail 111x IONRAIC b 1413 Lochbroom d 1488 Kinellan kenneth mackenzie of Kintail 11x A BHLAIR b 1454 -1492 Kinellan john mackenzie of Kintail 1x b 1481-1561 Inverchonan House kenneth mackenzie of Kintail x NA CUIRC b 1543 -1568 Beauly Inverness colin mackenzie of Kintail x1 CAM b 1556 Kintail d 1594 Redcastle Rosshire roderick mackenzie of Tarbat b 1577 -1626 Kintail Rosshire john mackenzie of Tarbat b 1608 Inverteil Fife d 1654 alexander mackenzie of Ardoch 1 b 1642 Kinghorn Fife john mackenzie of Ardloch 11 b 1664 -1726 alexander mckenzie of Ardloch 111 b m 1732 d 1772 robert mckenzie of Ardloch V b 1743 -1809 alexander mckenzie of Tarbat d 1839 Calcutta India donald mckenzie b 1815 killiemuir Skye Inverness mary mckenzie b 1849 Kinglassie Fife andrew foster b 1868 Kirkcaldy Fife thomas henderson foster b 1903 Kirkcaldy Fife jane shiela foster b 1934 Kirkcaldy Fife PAUL KAY Alan Kay Eric kay Barry J Kay

 ADAM & EVE > DALRIADA FERGUS OF DALRIADA MORMACERC 501 DOMAN GART OF DALRIADA, RETI 506 AIDAN OR ARGYLL, MACDOMANGAIRT 559 EOCHAIDH BUIDHE ARGYLL MACAIDAN 629 DOMAN GART II MACDOMNAILL OF ARGYLL 673 EOCHAIDH CROOK NOSE OF ARGYLL 697 EOCHAIDH III MACECHDACH OF ARGYLL 733 AEDH FIND THE WHITE ARGYLL 778 EOCHAID THE VENEMOUS OF ARGYLL ALPIN OF KINTYRE 834 KENNETH 1 CONSTANTINE 877 KING DONALD II OF SCOTLAND 900 KING MALCOLM I OF SCOTLAND 954 KING KENNETH II OF SCOTLAND KING MALCOLM II OF SCOTLAND 954 BETHOC 984 KING DUNCAN OF SCOTLAND KING MALCOLM III CANMORE 1031 DAVID I KING OF SCOTLAND 1082 HENRY PRINCE OF SCOTLAND DAVID EARL OF HUNTINGTON MARGARET COUNTESS OF GALLOWAY JOHN BALIOL KING JOHN BALIOL Born: c. 1240 at Barnard Castle MARJORY BALIOL JOHN DE COMYN THE RED 11TH EARL OF ATHOL * JOAN COMYN KENNETH MACKLENZIE KENNETH MACKENZIE OF KINTAIL X, NA CUIRC, BORN 1543 DIED BEAULY, INVERNESS COLIN MACKENZIE OF KINTAIL XI CAM, BORN 1556 KINTAIL DIED 1594 REDCASTLE, ROSS RODERICK MACKENZIE OF TARBAT BORN 1577 DIED KINTAIL, ROSS JOHN MACKENZIE OF TARBAT, BORN 1608, INVERTEEL, FIFE DIED 1654 ALEXANDER MACKENZIE OF ARDLOCH I, BORN 1642 KINGHORN, FIFE JOHN MACKENZIE OF ARDLOCH II BORN 1664, DIED 1726 ALEXANDER MACKENZIE OF ARDLOCH III, MARRIED 1732, DIED 1772 ROBERT MACKENZIE OF ARDLOCH V, BORN 1743, DIED 1809 MILNMOUNT ALEXANDER MACKENZIE OF TARBAT DIED 1839 CALCUTTA INDIA NORMAN NICHOLSON JANET MCLEAN KATHERINE SUTHERLAND CATHARINE NICHOLSON DONALD MCKENZIE BORN 1815 KILLIMUIR, ISLE OF SKYE MARY MCKENZIE BORN 1849 KINGLASSIE FIFE ANDREW FOSTER BORN 1868 KIRKCALDY THOMAS HENDERSON FOSTER BORN 1903 KIRKCALDY JANE SHEILA FOSTER BORN 1934 KIRKCALDY PAUL KAY ALAN THOMAS KAY DIED 2002 ERIC JOHN KAY BORN 1966 BARRY JOHN KAY

EDWARD III KING JOHN HENRY III B.01.10.1207 WINCHESTER CASTLE EDWARD I B.17.6.1239 WESTMINSTER PALACE EDWARD II B.25.4.1284 CAERNARFON CASTLE KING EDWARD III B.13.11.1312 WINDSOR CASTLE JOHN OF GAUNT DUKE OF LANCASTER JOHN BEAUFORT EARL OF SOMERSET JOANNA BEAUFORT QUEEN OF SCOTLAND JAMES STEWART BLACK KNIGHT OF LORN JOHN 1ST EARL OF ATHOL COLIN 1ST EARL OF ARGYLL & JOHN 2ND EARL OF ATHOL ELIZA STEWART KENNETH MACKENZIE OF KINTAIL X, NA CUIRC, BORN 1543 DIED BEAULY, INVERNESS COLIN MACKENZIE OF KINTAIL XI CAM, BORN 1556 KINTAIL DIED 1594 REDCASTLE, ROSS RODERICK MACKENZIE OF TARBAT BORN 1577 DIED KINTAIL, ROSS JOHN MACKENZIE OF TARBAT, BORN 1608, INVERTEEL, FIFE DIED 1654 ALEXANDER MACKENZIE OF ARDLOCH I, BORN 1642 KINGHORN, FIFE JOHN MACKENZIE OF ARDLOCH II BORN 1664, DIED 1726 ALEXANDER MACKENZIE OF ARDLOCH III, MARRIED 1732, DIED 1772 ROBERT MACKENZIE OF ARDLOCH V, BORN 1743, DIED 1809 MILNMOUNT ALEXANDER MACKENZIE OF TARBAT DIED 1839 CALCUTTA INDIA NORMAN NICHOLSON JANET MCLEAN KATHERINE SUTHERLAND CATHARINE NICHOLSON DONALD MCKENZIE BORN 1815 KILLIMUIR, ISLE OF SKYE MARY MCKENZIE BORN 1849 KINGLASSIE FIFE ANDREW FOSTER BORN 1868 KIRKCALDY THOMAS HENDERSON FOSTER BORN 1903 KIRKCALDY JANE SHEILA FOSTER BORN 1934 KIRKCALDY PAUL KAY ALAN THOMAS KAY DIED 2002 ERIC JOHN KAY BORN 1966 BARRY JOHN KAY

22 January 1852 First Division no 98 William Mason petitioner

Curator Bonis-lunatic -process- circumstances in which the court appointed a curator bonis to a lunatic on the petition of his Edinburgh agent-the lunatic’s relatives declining to interfere. This was a petition at the instance of the Edinburgh agent of Sir James Sutherland Mackenzie Bart who had become insane. The petitioner had been employed by Messrs’ Vallance, Sir James London solicitors, to carry through proceedings for the purpose of enabling their client to dispose of the reversion of the price of the Royston estates to which he had succeeded as heir of entail, On the 30 November last, Sir James came to Edinburgh. He soon manifested symptoms of insanity, and was placed in a private asylum on a warrant obtained from the sheriff. The present application set forth these circumstances and also that the funds of the lunatic were in danger of loss and dilapidation, there being none legally entitled to take charge of them. It was also stated that application had been made to Sir James nearest relatives and that they had declined to interfere. The lunatic was an unmarried man of about 48 years of age. The following certificate was appended to the petition: - we certify on soul and conscience that we have this day visited Sir James Sutherland Mackenzie, Bart at Inveresk, and that we found him to be in a state of insanity, much excited, and with a tendency to violence. from what we have observed, together with the history of his case, which has been put before us, chiefly in letters written by him, we are of opinion that for some time he has not been in a fit state of mind for taking care of his own state of affairs, and that this condition will continue for a long period.R.Christison, MD. John G. M. Burt, MD.The court 17th December appointed Mr Raleigh, accountant in Edinburgh, to be curator bonis ad interim on the estate of the lunatic, and ordered intimation on the walls and in the minute book, and personal service on the lunatic. The following certificate was afterwards lodged: - we certify on soul and conscience, that we yesterday carefully examined Sir James Sutherland Mackenzie, baronet at Inveresk; that we found him improved, in as much as he was more composed, and his conversation less rambling; but no such change has yet occurred as to entitle us to alter the opinion given in our last conjunct certificate as to his state of mind. R. Christison, John G. M. Burt, md the case having been put out today- graham bell, for the petitioner, stated on the question of competency, that in two unreported cases, the papers in which were before him (Russell and Morgan), the court had granted similar applications at the instance of an agent. The court nominated and appoints Mr Samual Raleigh to be curator bonis to the lunatic, with usual powers, he finding caution before extract. Act. Bell; party agent-clerk-(p.h.)

 

Petition of William Mason

Petition-Curator-Bonis-Lunatic

22 ND January 1852, Petition Mason.

This Petition was presented for the purpose of having a curator bonis to Sir James Sutherland Mackenzie Bart. Sir James had recently arrived in Edinburgh, and while resident in a hotel there began to exhibit symptoms of violence indicative of mental aberration or insanity. These symptoms having become gradually aggravated, the requisite steps were taken for getting his person secured. A petition was presented to the Sheriff, who, upon a certificate by two medical gentlemen, granted a warrant for James’s removal to an asylum and he was accordingly removed to Inveresk Edinburgh where he still remains. The petitioner who is the professional agent of Sir James in Edinburgh having been informed of these proceedings caused Sir James to be visited and examined by Professor Christison & Dr Burt who on the 13th December, found him to be in a state of insanity, much excited and with a tendency to violence and they were of the opinion, that for some time he has not been in a fit state of mind for taking care of his own affairs and that this condition will continue for a long period, The Petitioner made enquiry as to the revelation of Sir James with the view to an application being made in their names for the appointment of curator bonis. He found that Sir James nearest relations is two sisters one of whom is in India and the Other in Edinburgh or its vicinity. The later as it appeared from letters produced with the petition declined making the application but approved of the measures adopted by the petitioner. A statement of the situation of the property and funds belonging to Sir James so far as could be ascertained was given in the petition. The petition fearing lest Sir James might give directions which if executed would tend to the injury of his property, and dilapidation of his funds was advised to make application in his own name. But considering his peculiar position he did not name any particular individual but merely suggested that some professional person should be nominated as curator. The petition was moved in the single bills immediately before the rising of the court for the Christmas recess. The court on account of the urgency appointed Mr Samuel Raleighaccountant in Edinburgh as curator bonis ad interne, his appointment to continue till 5th Sederunt day in January and in the meantime ordered intimation.

On Petition being moved on 16th curt.

George Graham Bellfor the Petitioner, and read to the court certain letters and additional certificates. Reference was made to the case Bryce V. Grahame 25th January, 1828 (G.S.425) affirmed 23 July 1828, W. & S. 323 and Russell June 1850 (unreported) where the application was made of the agent for the party. The petition was opposed by Russell's relatives. A Brieve was taken out at the instance of his brother to have him cognised as a furious person but the jury refused cognise. On afterwards considered the petition, the court thought it proper to appoint curator bonis, the court appointed a minute applicable to the circumstances of the case to be given in by the petitioner and the additional certificates and documents referred to be printed therewith and renewed, the appointment of the curator for 8 days. These certificates and documents and an additional certificate by Professor Christinson and Dr Burt dated 19th Jan. curt in which they certify that no such damage has yet occurred as to entitle us to alter the opinion given in our last conjunct certificate as to the state of mind having been produced and the petition being again moved to-day.

 

A Drunken Baronet- Sir James Sutherland Mackenzie was on Monday charged before the magistrates at Westminster police-office for being drunk and disorderly, in Lower Grove, Brompton, on Sunday evening: fined 10 shillings. At Marlborough-Street, where a charge of drunkenness, riot, and seriously assaulting the police, was also preferred, the "Baronet" fared still worse. The violence of the defendant was such that the police were obliged to send for a stretcher, and strap him thereon, before they could succeed in conveying him to the station house. The magistrates remarked that this was the third time the defendant appeared in court. On the last occasion the constable was also much hurt? He was afraid he had been too lenient the last time: he would now commit Sir James to the House of Correction for 21 days.-Pioneers

 

General Register of Sasines, 12. 8 reference, Sasine, Isle of Skye,  Inverness, 13/3/1871 Scottish Record Office, Edinburgh



CS 236 1mn m58/20 1843 McNeil Office



Doctor Adam Hunter surgeon Edinburgh had 2 ungates of land extending to 8 merks Trotternish, Isle of Skye once belonging to McNeil of Barra part of the Estate of Macdonald Doctor Adam Hunter, certificate for the committal of Sir James Sutherland Mackenzie, brother of Alexander Mackenzie Baronet of the 48th Native Infantry Bengal whose mother is Katharine Mackenzie and by her below petition claims curator bonis and appoints Alexander Stuart to office of James S. Mackenzie. Unto the right honourable the Lords of Council and Session the petition of Mrs Katharine Mackenzie relict of Colonel Robert Mackenzie of the service of the Honourable the East India company mother of Sir James Sutherland Mackenzie of Tarbet Baronet humbly sheweth that the said sir James Sutherland Mackenzie having some months ago exhibited unequivocal symptoms of mental derangement to an extent dangerous to himself and to the lieges was by warrant of the sheriff of Edinburgh proceeding on certification under the hands of Doctor Abercrombie and Doctor Adam hunter placed in Doctor John Smiths asylum at Saughton Hall where he now remains under the necessary restraint that from the certificates herewith produced it appears that although the said Sir James Sutherland Mackenzie has since his residence in Saughton Hall become less violent and irritable than he was yet that he still labours under such remains of aberration of mind as renders him unfit for being at large or for managing his own affairs and the petitioner has the distress and mortification to believe that his speedy restoration to mental soundness cannot be looked for, that in these circumstances and as his interest is suffering from a small pension from the East India Company being till a duly authorized party be appointed to receive and discharge the same it has become necessary for the protection of the Sir James Sutherland Mackenzie's property as well as the due care of his person to apply to your lordships to appoint a curator bonis to him and the petitioner begs leave humbly to suggest Mr Alexander Stuart writer in Edinburgh who was her sons confidential agent before his affliction as an eligible person for the office. The petitioner therefor makes the present application may it therefor please your Lordships to nominate and appoint the said Alexander Stuart to be curator bonis to the said Sir James Sutherland Mackenzie with the usual powers and in terms of the act of sederunt the said appointment to subsist until it be competently recalled and the curator finding sufficient caution before extract or to do otherwise in the premises as to your Lordships shall seem proper. According to Justice & C. John Gordon appendix mandate by Mrs Katharine Mackenzie to Joseph Gordon, Joseph Gordon W.S. Edinburgh, Elgin 24/2/1843. A letter, viz. my dear Sir in consequence of the lamentable state of incapacity into which my son Sir James Sutherland Mackenzie Bart has fallen I am under the painful necessity of requesting that for the preservation and management of his property as well as providing for the proper care of his person you present the necessary application to the court of session for the appointment of a curator bonis to him with the usual powers if Mr Alexander Stuart circuit clerk of judiciary will undertake the office I request that he may be suggested to the court as a person in whom I have the utmost confidence and whom I consider well qualified to take the charge I am my dear sir your most obedient humble servant signed Katharine Mackenzie certificate by Doctor Abercrombie and Doctor Adam Hunter Edinburgh 23/11/1842 we John Abercrombieand Doctor Adam Hunter physicians in Edinburgh hereby certify on soul and conscience that we have visited and duly examined Sir James Sutherland Mackenzie of Tarbet baronet now residing at Sauchton hall lunatic asylum under the charge of Doctor Smith and found him labouring under such mental imbecility as to render him for the present incapable of managing his own affairs signed John Abercrombie Adam Hunter M.D. certificate by Doctor Abercrombie and Doctor Hunter, viz. we certify upon soul and conscience that we have visited and examined Sir James Sutherland Mackenzie now resident in the asylum at Saughton Hall and while we find him considerably improved since the date of our last report we are of opinion that he still labours under such remains of aberration of mind as for the present renders him unfit for being at large or for managing his own affairs signed John Abercrombie, Adam Hunter M.D. Edinburgh, 10/3/1843 petition to be intimated in the minute book signed Boyle, Edinburgh 22/5/1843, thereby certify that the foregoing petition has been duly intimated in the Minute book Joseph GordonHugh Ross



Contract of sale between Sir James Sutherland Mackenzie Bart and Edward Sutherland esquire 12 October 1850 and 5 August 1851 George Munro, J. Mackenzie and procurator William Mason agent



Reference RD15 BOX 430 5 AUGUST 1851



t is contracted and agreed between Sir James Sutherland Mackenzie of Royston baronet on the one part and Edward Sutherland steward and stockeeper of the Royal Hospital Chelsea Captain unattached of the other part in manner following that is to say the said James Sutherland Mackenzie in consideration of the price after stipulated and with and under the condition provision declaration and preservation after written thereby sells to the said Edward Sutherland and his heirs executors and assignees whomsoever all and whole the sum of three thousand three hundred and nineteen pounds and five pence and one third of a penny sterling with interest and penalties thereon as contained in and due by a bond granted by the deceased John Hay Mackenzie of Cromarty esquire only son of the Honourable Mrs Maria Murray Hay Mackenzie and the said Mrs Maria Murray Hay Mackenzie and in favour of the also deceased Sir Alexander Mackenzie of Royston Baronet the brother of the said Sir James Sutherland Mackenzie whom failing to the nearest heir male whatsoever of the deceased George Viscount of Tarbat afterwards Earl of Cromarty whom failing to the nearest heirs and assignees whatsoever of the said George viscount of Tarbat afterwards Earl of Cromarty which bond is dated the nineteenth day of February and eighteenth day of March one thousand eight hundred and thirty-five and by which bond the said John Hay Mackenzie and Mrs Maria Murray Hay Mackenzie upon the narrative and for the reasons therein expressed as acknowledged confess and declare themselves and the heirs of tailzie succeeding to them in the said lands and estate of Cromarty to be justly adebted and resting owing to the said Sir Alexander Mackenzie and the other heirs of entail of Royston the said principal sum of three thousand three hundred and nineteen pounds and five pence and one third of a penny sterling and bind and oblige themselves jointly and severally and the heirs of tailzie succeeding to them in the lands and estate of Cromarty to content and pay the same as therein expressed to the said Alexander Mackenzie whom failing as aforesaid with liquidate penalty interest termly failures all therein expressed as the said bond in itself bears------- the sum of one thousand and fifty pounds sterling contained in and due by a bill drawn by Joseph Gordon writer to the signet and alexander Stuart writer in Edinburgh for behoof of the said Sir James Sutherland Mackenzie and the heirs succeeding to him under the Royston entail upon and accepted by messieurs J. R. Bowine and company peak alum works and Thomas Rymer Bowine esquire and Charles Liddell esquire near Whitby conjunctly and severally which bill is dated the twelfth day of May one thousand eight hundred and forty seven and payable twelve months after date to the order of the said Joseph Gordon and Alexander Stuart for behoof aforesaid and the sum therein contained is hereby declared to be for value being part of the Royston residue the sum of three hundred and twenty-four pounds and five shillings sterling being the balance of a sum said to have been lent to the late Robert Sutherland esquire of Milnmount and which sum is now due to the said Sir James Sutherland Mackenzie by the representation of the said Robert Sutherland esquire and by the foresaid Joseph Gordon and Alexander Stuart and messieurs Gordon Stuart and Cheyne WS  Edinburgh all or one or other of them with the interest on the said several sums from and since the term of Whitsunday last6 one thousand eight hundred and fifty and the penalties and termly failures if incurred on the sum contained in the bond first above mentioned together with all right title and interest and claim of eight interest and property which the said Sir James Sutherland Mackenzie or his ancestors predecessors or authors or heirs and successors had have or can any wise claim or pretend to the said several sums and documents of debt and others or to any part or portion of the same and the said Sir James Sutherland Mackenzie hereby binds and obliges himself and his heirs and successors in the said sums documents and others upon the right of the said Sir James Sutherland Mackenzie to sell and alienate the said sums and others being finally ascertained and determined in one or other of the ways after mentioned and upon receiving payment of the price of the said sums documents and others as after stipulated to execute and deliver aforesaid and valid disposition and assignation or other suitable deed of conveyance of the said sums documents and others to the said Edward Sutherland and his aforesaid containing clause of absolute warrandice so far as regards the said James Sutherland Mackenzie’s title and clause of warrandice from fact and deed only so far as regards the said debts and others and also containing assignation to the annual rents of the said sums and others from and after the term of Whitsunday one thousand eight hundred and fifty assignation to the writs and evident of the said sums documents and others and all other usual and necessary clauses but whereas the said James Sutherland Mackenzie has right to the said sums documents and others hereby sold as heir of talllie and provision  under a certain deed of entail and other writings and investitures and with and under the prohibition clauses irritant and resolutive therein specified and whereas the said Edward Sutherland or his foresaid may on the ground of alleged want of like in the said Sir James Sutherland Mackenzie to sell the said sums documents and others and to receive and discharge the price of the same raise an action of suspension of any charge for payment of the said price and the said Sir James Sutherland Mackenzie has engaged and hereby binds himself immediately after the execution hereof to institute an action of declaration or other judicial proceedings for ascertaining his right to sell the said sums and others and to receive and discharge the price thereof and to cite as parties thereto the whole existing heirs of entail so far as known to him called to succeed after him to the said sums documents and others by the said deeds of entail charters and other writings and investitures thereof and interested therein in virtue of the said entail therefore it is hereby provided and declared that unfit it shall be found and declared by official judgement of the court in any action of suspension or declaration or other judicial procedure to be instituted as aforesaid that the said Sir James Sutherland Mackenzie has power to sell and alienate the foresaid sums documents and others the said Sir James Sutherland Mackenzie shall  not be bound to grant a disposition and assignation to the said Edward Sutherland or his foresaid of the sums documents and others above specified and until one or other of the events before mentioned shall take place these presents shall not form nor be capable of being used as the ground or warrant of any adjudication in implement or other process law whatever under which a right in the foresaid sums documents and others or any part or portion thereof may be obtained or constitute in the person of the said Edward Sutherland or his heirs or assignees and it is hereby further provided that the said Sir James Sutherland Mackenzie his foresaid shall be bound and obliged to relieve the said Edward Sutherland or his foresaid of the whole expenses which they may incur in any actions to be raised as aforesaid either by him or by the said Sir James Sutherland Mackenzie or by any other person or persons in relation to the said Sir James Sutherland Mackenzie’s power to sell the said sums documents and others such expense being charged as between agent and client and not as between party and party and in case in any action of suspension and declaration or other judicial proceedings to be raised as aforesaid it shall be found by a final judgement that the said sir James Sutherland Mackenzie is not entitled to sell the foresaid sums documents and others then and in any such event these presents with all that may have followed thereon shall become extinct void and of no force strong or effect whatsoever in like manner as if the same had never been executed and it is hereby provided  and declared  that the said Edward Sutherland or his aforesaid shall not in any case whatever be entitled to any damages from the said Sir James Sutherland Mackenzie or his heirs or successors on the ground of now  implement of the bargain or on any other account as also the said Edward Sutherland or his aforesaid shall be bound and obliged required by the said Sir James Sutherland Mackenzie to renounce and discharge all right title and interest which be or they have or may claim or pretend to the said sums documents and others in case the said Sir James Sutherland Mackenzie shall have been found not entitled to sell and alienate the same and in case the said Edward Sutherland or his aforesaid shall have entered to possession of the said sums documents and others or any part or portion thereof he or they shall be bound to cede and give up possession of the same in case the said Sir James Sutherland Mackenzie shall have been found not entitled to sell as said is to the said sir James Sutherland Mackenzie his heirs who may have right thereto and the said Sir James Sutherland Mackenzie or his said heirs shall be entitled to enter to possession       of and shall have right in and to the said sums documents and others in the same way as if these presents had never been executed and on the other hand in case the said Sir James Sutherland Mackenzie shall have received the price of the foresaid sums documents and others or any part thereof from the said Edward Sutherland or his foresaid he shall be bound and obliged to repeat and pay back to the said Edward Sutherland or his foresaid said price or such part thereof as he may have received with any interest on the same which he may have received and with the interest of the capital of the said price so far as the same may have been paid to him at the rate of three and a quarter per cent from the time when he received the same until repayment thereof and with the whole expenses of every description incurred by the said Edward Sutherland or his foresaid in consequence of his or their having purchased the said sums documents and others whether such expenses shall have been incurred in regard to the disposition or assignation of the said sums documents and others or in such legal proceedings as may have been instituted as aforesaid or in renouncing the title to the said sums documents and other such expenses being charged or between agent and client and not as between party and party declaring always that the said Edward Sutherland or his aforesaid shall be bound and obliged to account to the said Sir James Sutherland Mackenzie and his heirs and assignees for the annual rents and profits received by him or them for the said sums and others during the time  the said Edward Sutherland or his foresaid shall have possessed the same and farther the said Sir James Sutherland Mackenzie shall be bound and obliged to exhibit to the said Edward Sutherland and his foresaid a good and valid title in his person to the sums documents and others hereby sold and that at the eight and ------------------------- of George Graham Bell esquire advocate and failing him of William Penny esquire advocate in case any questions shall arise between the said Sir James Sutherland Mackenzie and the said Edward Sutherland in reference to the sufficiency of the said Sir James Sutherland Mackenzie’s title and the said Sir James Sutherland Mackenzie shall be bound to deliver up the said Edward Sutherland and his foresaid such of the said titles as relate to the sums documents and others  hereby sold and to make the other titles to the extent of a legal process for the coming to the said Edward Sutherland or his foresaid on all necessary occasions on receipt and obligation for delivery thereof within a reasonable time and under a suitable penalty for which causes and on the other part the said Edward Sutherland hereby binds and obliges himself and his heirs executors successors and representation whatsoever to pay to the said Sir James Sutherland Mackenzie and his heirs executors or assignees excluding always his heirs of taillie and provision in the sums documents and others before described the sum of four thousand and one hundred pounds sterling as the agreed on price of the said sum s documents and others and that as at the term of Whitsunday one thousand eight hundred and fifty with a fifth part more of the said price of penalty in case of failure in payment thereof and the interest of the said price at the rate of three and a quarter per cent from the said term of Whitsunday one thousand eight hundred and fifty until the first term of Whitsunday or martinmas after the right of the said Sir James Sutherland Mackenzie and others shall be finally ascertained and determined in one or other of the ways before mentioned and the legal interest of the said price thereafter during the not payment and which interest shall be payable at two terms in the year Whitsunday and martinmas by equal portion beginning the first terms payment thereof at martinmas one thousand eight hundred and fifty for the half year preceding and so forth half yearly and termly thereafter during the not payment with a fifth part more of each terms payment of the said interest of penalty in case of failure in payment thereof as also the said Edward Sutherland hereby binds and obliges himself and his foresaids  to pay the one half of the expense of preparing writing and revising the disposition of the foresaid sums documents and others to be granted in terms hereof and of the stamp duty imposed or to be imposed thereon the said Sir James Sutherland Mackenzie and his foresaids being bound and obliged to pay the other half of the said expenses and in case any disputes or questions shall arise between the said Sir James Sutherland Mackenzie and Edward Sutherland or their foresaids concerning the import of these presents or the execution and implement thereof such disputes and questions are hereby submitted and referred to the amicable decision and decree arbitral of the said George Graham Bell and failing him of the said William penny as sole arbitor and whatever the said arbiters in their order shall determine in the premises between and the-------------------------------- or between and any other day to which this subscription may be prorogated power of prorogation being hereby given to the said arbiters in their order from time to time as they shall see cause the said Sir James Sutherland Mackenzie and Edward Sutherland and their foresaids shall be bound and obliged respectively to implement and fulfil to each other under penalty of one hundred pounds to be paid by the party failing to the party observing or willing to observe his or their part thereof over and above performance and lastly both parties hereby bind and oblige themselves respectively and their respective heirs successors and representatives whatsoever to implement and perform their respective parts of the premises to each other under the penalty of five hundred pounds to be paid by the party failing to the party observing or willing to observe his or their part thereof over and above performance and they consent to the registration hereof in the books of council and session or of any other competent court for preservation and if necessary that letters of horning on six days charge and all other legal execution may pass upon a decree to be interponed hereto in usual for in and constitute advocates their procurators for that purpose in witness whereof these presents consisting of this and the three preceding pages of stamped paper written by John Newsham clerk to messieurs Vallance and Vallance solicitors in London are subscribed by the said Sir James Sutherland Mackenzie and Edward Sutherland and their seals set and affixed thereto at London the twelfth day of October eighteen hundred and fifty years before these witnesses john vallance esquire solicitor in London and John Newsham clerk to messieurs Vallance and valance solicitors there the place and date of signing and sealing and designation being written by the said john newsham the writer of the four pages of which these presents consist       signed James Sutherland Mackenzie Edward Sutherland signed sealed and delivered in the presence of John Vallance solicitor 20 epen street Strand London witness John Newsham his clerk witness.                                                                                       




DATED17TH JANUARY 1810 2. EXECUTION A PART 3. ROLL OF DEFENDERS NAMES 4. CONDESCENDENCE FOR JOSEPH GORDON 5. MINUTE AND INTERLOCUTOR THEREON DATED 27 JANUARY 1810 EDINBURGH 29 JANUARY 1810 BORROWED BY ME FOR JOSEPH GORDON W.S. THE HAIL WRITS IN THIS INVENTORY ALEX STUART 6. ANSWERS FOR CATHERINE MACKENZIE TO THE MINUTE FOR JOSEPH GORDON W.S. 7. STATE OF INTEREST PRODUCED FOR MRS MACKENZIE 8. REPLIES FOR JOSEPH GORDON TO THE ANSWERS FOR MRS MACKENZIE 9. INVENTORY OF INTEREST PRODUCED FOR GEORGE AND WILLIAM MURRAY AND THE STATE OF THEREIN MENTIONED EDINBURGH FEBRUARY 1ST 1810 BORROWED BY ME APPRENTICE TO KENNETH MACKENZIE W.S. THE WHOLE WRITS OF THIS INVENTORY GEORGE MACKENZIE 7 FEBRUARY 1810 TO LORD GLEN LEE EDINBURGH 20TH FEBRUARY 1810 BORROWED BY ME CLERK TO JOSEPH GORDON W.S. THE HAILE WRITS IN THIS INVENTORY 10. MINUTES AND INTERLOCUTOR IN THE CAUSE DATED 9 MARCH 1810 ALEX DUFF 11. INVENTORY OF WRITS REFERRED TO IN THE CONDESCENDENCE FOR THE PURSUER AND THE THREE ARTICLES THEREOF 12. INVENTORY OF WRITS REFERRED TO IN THE MINUTES NO_10 AND THE SEVENTEEN ARTICLES THEREOF 9TH MARCH 1810 TO LORD GLEN LEE EDINBURGH 12 MARCH 1810 BORROWED BY ME CLERK TO JOSEPH GORDON W.S. THE WHOLE WRITS IN THE INVENTORY EXCEPT NO_3 ALEX DUFF 13. REPRESENTATION FOR G & W MURRAY MARCH 1810 14. EX. FACTORY MRS COL MACKENZIE & OTHERS TO MR JOSEPH GORDON W. S. 16 MAY 1810 TO LORD GLEN LEE EXCEPT ARTICLE 2ND OF NO_11 AND THE INVENTORY OF NO_12. EDINBURGH 18 MAY 1810 BORROWED BY ME CLERK TO JOSEPH GORDON W.S. THE HAILE WRITS IN THIS INVENTORY EXCEPT ARTICLE 2ND OF NO_11 AND THE INVENTORY OF NO_12 JAMES TURNBULL 15. INVENTORY OF INTERESTS PRODUCED FOR GEORGE BRUCE AND OTHERS AND THE EIGHT ARTICLES THEREOF 16. MINUTE AND INTERLOCUTOR THEREON DATED 26 MAY 1810 17. INVENTORY OF INTERESTS PRODUCED FOR JOHN HENDERSON AND THE ACCOUNT & AFFIDAVIT ANNEXED THEREIN MENTIONED 18. ANSWERS FOR GEORGE AND WILLIAM MURRAY TO THE MINUTE NO_16 EDINBURGH 28TH MAY 1810 BORROWED BY ME BEFORE DESIGNED THE WHOLE WRITS IN THIS INVENTORY EXCEPT NO_18 JAMES TURNBULL 19. REPLIES FOR JOSEPH GORDON 20. LETTER GEO & W MURRAY TO MRS COL. MACKENZIE DATED 8 MAY 1810 21. INVENTORY OF INTEREST PRODUCED FOR WILLIAM ROSE AND THE OATH OF VERITY THEREIN MENTIONED 22. INVENTORY OF INTEREST PRODUCED FOR MARGE MACKENZIE AND THE TWENTY ARTICLES THEREOF 7TH JUNE 1810 TO LORD GLEN LEE EDINBURGH 13 JUNE BORROWED BY ME CLERK TO JOSEPH GORDON W.S. THE HAILE ARTICLES OF THE FOREGOING INVENTORY ALEX DUFF EDINBURGH JUNE 20TH 1810 BORROWED BY ME CLERK TO JOHN PAT SON JUNIOR W.S. ALL THE WRITS IN THE INVENTORY EXCEPT THE ARTICLES IN NO_12 AND THE ARTICLES OF 15 M. BLACKWOOD EDINBURGH 25 JUNE 1810 BORROWED BY ME WRITER IN EDINBURGH THE HAIL WRITS IN THIS INVENTORY CONFORM TO THE ABOVE RECEIPT 23. INVENTORY OF INTEREST PRODUCED AND FOR ALEX CRUICKSHANK AND ONE ARTICLE EDINBURGH 28 JUNE 1810 BORROWED BY ME CLERK TO JOSEPH GORDON W.S. THE WRITS OF THIS INVENTORY CONSIGNED TO JAMES PATERSON ALEX DUFF 24. MINUTES IN THE CAUSE WITH INTERLOCUTOR THEREON DATED 30 JUNE 1810 25. INVENTORY OF INTERESTS FOR WILLIAM HENDERSON & OTHERS REFERRED TO IN THE FOREGOING MINUTES AND THE FIVE ARTICLES THEREOF 26. MINUTE FOR JAMES CUNNINGHAM 27. INVENTORY OF INTEREST PRODUCED FOR HIM AND THE ------ THEREIN MENTIONED 3 JULY 1810 TO LORD MEADOW BANK EDINBURGH 9TH JULY BORROWED BY ME BEFORE DESIGNED THE WHOLE WRITS THIS INVENTORY EXCEPT NO_2 JAMES TURNBULL 28. MINUTE & INTERLOCUTOR DATED 21ST FEBRUARY 1811 29. ACTION AND OATH OF VERITY JOHN THOS. GREGORY 30. ACTION & OATH OF VERITY FOR HUGH ROSS OF ALDIE 31. ADDITIONAL CLAIM & OATH OF VERITY FOR ROBERT MEIKLE EDINBURGH 12TH MARCH 1811 BORROWED BY ME CLERK TO JOSEPH GORDON W.S. THE HAIL WRITS IN THIS INVENTORY WILLIAM ASHER 32. MINUTE & INTERLOCUTOR THEREON DATED 26 FEBRUARY 1812 EDINBURGH 15TH JUNE 1812 BORROWED BY ME CLERK TO JOSEPH GORDON W.S. NO_24 & 32 OF THIS INVENTORY WILLIAM ASHER EDINBURGH 15TH FEBRUARY BORROWED BY ME APPRENTICE TO JOSEPH GORDON W.S. NO_24 & 32 OF THIS INVENTOR JOHN INNES 33. MINUTE AND INTERLOCUTOR 25 FEBRUARY 1813 EDINBURGH 16 APRIL 1813 BORROWED BY ME CLERK TO ROBERT GORDON W.S. NO_32 & 33 OF THIS INVENTORY JAMES PHILIP 34. MEMORIAL FOR MRS KATHARINE MACKENZIE 35. RECTIFIED CONDESCENDENCE FOR JOSEPH GORDON 36. INVENTORY OF WRITS THEREWITH PRODUCED AND THE SEVEN ARTICLES THEREOF 37. ACCOUNT OF CHARGE AND CHANGE BETWEEN THE TUTORS OF ALEXANDER MACKENZIE AND JOSEPH GORDON W.S. AND 38. INVENTORY OF VOUCHERS THEREWITH PRODUCED AND FORTY EIGHT ARTICLES THEREOF EXCEPT THE SECOND TENTH TWENTY FIRST TWENTY------- THIRTY FIFTH FORTY SECOND AND FORTY THIRD 39. MEMORIAL & -------- FOR THE EXECUTORS OF COLONEL ROBERT MACKENZIE 40. ANSWERS THERETO BY THE DEAN OF FALCULTY EDINBURGH 7 JUNE 1813 BORROWED BY ME APPORTIONED TO JOSEPH GORDON W.S. THE WHOLE WRITS IN THIS INVENTORY JOHN INNES 41. MEMORIAL FOR ALEXANDER MACKENZIE & TUTOR AD LITEN 42. MEMORIAL FOR JAMES SUTHERLAND MACKENZIE 10 JULY 1812 TO LORD GLEN LEE 43. NOTE BY THE LORD ORDINARY EDINBURGH 16 NOVEMBER 1813 BORROWED BY ME BEFORE DESIGNED THE WHOLE WRITS JAMES PHILIP 44. MINUTE AND INTERLOCUTOR IN THE CAUSE DATED 19 NOVEMBER 1813 19TH NOVEMBER 1813 BORROWED BY ME ABOVE DESIGNED NO_44 JAMES PHILIP 45. REPORT BY ACCOUNTANT 29 JUNE 1814 BORROWED BY ME ABOVE DESIGNED NO_1.40.41.42.43.44.45. JAMES PHILIP 46. MINUTES AND INTERLOCUTOR 22 NOVEMBER 1814 BORROWED BY ME CLERK TO JOSEPH GORDON W.S. THE WHOLE WRITS JAMES PHILIP








GD305 1 128 17 MARRIAGE CONTRACT BRAELANGWELL IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDED BETWIXT THE PARTIES FOLLOWING VIZ. COLONELL ROBERT MCKINZIE IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THE ONE PART AND MISS KATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OF THE DECEAST COLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE AND CONSENT OF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMAN ON THE OTHER PART IN MANNER FOLLOWING THAT IS TO SAY THE SAID COL. ROBERT MACKENZIE AND MISS KATHERINE SUTHERLAND HAVING CONCURRED A MUTUAL LOVE AND AFFECTION FOR ONE ANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OF EACH OTHER FOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGE THEM TO SOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALL CONCONCIENT SPEED IN CONTEMPLATION OF WHICH MARRIAGE THE SAID COL. ROBERT MCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRS EXECUTERS AND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISS KATHERINE SUTHERLAND IN THE EVENTS OF HER SURVIVING HIM AND INDEPENDENT OF THE ADDITION THERETO IN THE EVENT HEREIN AFTER MENTIONED ALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDRED POUNDS STERLING AND THAT AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUALL PORTIONS BEGINNING THE FIRST TERMS PAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ON MARTINMAS AFTER HIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ON HALF YEARLY DURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PART MORE OF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASE OF HAILLE AND THE DUE AND ORDINARY ANNUAL RENT THEREOF THEREAFTER DURING THE NOT PAYMENT AND FURTHER THE SAID COL. ROBERT BINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OF ONE CHILD MALE OR FEMALE BEING PROCREATED OF THIS MARRIAGE BETWIXT HIM AND THE SAID MISS KATHERINE SUTHERLAND TO CONTEND AND PAY TO SUCH CHILD THE SUM OF THREE THOUSANT POUNDS STERLING TWO CHILDREN MALE OR FEMALE THE SUM OF TWO THOUSANT POUNDS STERLING EACH AND IF THREE OR MORE CHILDREN THE SUM OF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TO RECEIVE OF THAT SUM OF THREE THOUSAND POUNDS STERLING AND THE REMAINING THREE THOUSAND POUNDS STERLING TO BE DIVIDED AMONGST THE YOUNGER CHILDREN IN SUCH PROPORTIONS AS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAY THINK PROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT AND AGAINST THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HIS DECEASE WITH A FIFTH PART MORE OF EACH CHILD PROVISION OF LIQUIDATE PENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARY ANNUAL RENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUT DECLARING THAT INTHE EVENT OF THE SAID COL. ROBERT MCKINZIES PREDECEASING THE SAID MISS KATHERINE SUTHERLAND AND THAT THE DISSOLUTION THE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERE SHOULD BE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIME THEM THAT CASE THE SAID COL.ROBERT MCKINZIE PROVIDES HER IN AND SHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBY EMPOWERED TO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIX THOUSANT POUNDS STERLING PROVIDED TO THE CHILDREN OF THE MARRIAGE IN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT IN THE EVENT OF THE DECEASE OF THE SAID COL. ROBERT MCKINZIE BEFORE THE SAID MISS KATHERINE SUTHERLAND AND THAT THERE SHOULD BE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING AT THE TIME ANDTHAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FOR ANSWERING THE SEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONED AND PAYING THE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TO THE SAID KATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALL IN THE MEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILL THE DECEASED OF THE SAID MISS KATHERINE SUTHERLAND AND THAT IN EVERY EVENT THE SUM OF FOUR THOUSAND POUNDS STERLING SHALL REMAIN CLEAR AND UNTOUCHED FOR ANSWERING THE SAID ANNUITY DURING ALL THE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITY OF THE SAID MISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAID EVENTUALL ANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OF THE MARRIAGE BEFORE MENTION THE SAID COL. ROBERT MCKINZIE ASSIGNS AND CONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITY AFTER MENTIONED WITH THE SECURITIES THEREFORE AS WILL COMPLETELY SATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVEN THOUSANT EIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME IN THE EIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIES BY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OF MAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREE AND THE LAST DATED THE FIRST DAY OF NOVEMBER ONE THOUSANT EIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNT CURRENT BETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HIS AGENTS AT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUM OF TWENTY THOUSANT DIVA RUPEES VESTED BY HIM IN THE SAID GOVERNMENT SECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIAL LOAN OBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONE THOUSAND SEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TO THE AMOUNT OF EIGHT THOUSANT ONE HUNDRED AND FORTY ONE POUNDS VESTED BY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OF GREAT BRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMAS COUTTS AND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNT CURRENT WITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAY LAST AND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THIS DATE AS RELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THE SUM OF SIX HUNDRED POUNDS STERLING VESTED IN THE SAID FUNDS SINCE THAT PERIOD WITH POWER TO THE SAID MISS KATHERINE SUTHERLAND IN THE EVENT OF HER SURVIVING THE SAID AFFIDATE SPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THE SAID YEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANT THEREFORE AND GENERALLY EVERY OTHERTHING THEREANENT TO DO THAT HE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IF SHE SHALL JUDGE IT MORE EXPEDIENT THE SAID COL. ROBERT MCKINZIE BINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVEST THE SAID SUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISH FUNDS IN HER NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAY OUT THE SAME OR HERITABLE SECURITY AND TO TAKE THE SECURITY THEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THE DAYS OF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGE IN THE EVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR IN PART AS CIRCUMSTANCES MAY BE THEIR SAID PROVISION DECLARING ALSO THAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGE SHALL DURING THE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATED SUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HIS DECEASE PREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITY THAT THEIR SAID MOTHER SHALL BE THEIR TUTORS AND CURATORS AND SHALL UPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THE MONEYS BEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THE AGE OF FIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY AT MARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION AND MAINTAINANCE AND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THE EVENT OF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIM ASSIGNS CONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEES AS HER OWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLD FURNITURE AND PLENISHING OF EVERY DENOMINATION BED AND TABLE LINEN ------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERY ARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHING THAT SHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNION BETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSING WITH THE GENERALITY HEREOF AND ADMITTING THE SAME TO BE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERY ARTICLE THEN BELONGING TO HIM WERE HEREIN PARTICULARY INSERTED MOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBY RENOUNCES AND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORS ANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OR OTHERWAYS TO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGING TO THE SAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAY HEREAFTER HAVE RIGHT ANY MANNER OF WAY AND PARTICULARY WITHOUT PREDUDICE TO THE GENERALITY FORESAID TO A BOND FOR FIVE HUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWEN BAILLIE OF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OF PROVISION MADE IN HER FAVOUR BY HEIRS AND DECEASED FATHER DECLARING THE SAME HER OWN PROPERTY AND AS HER DISPOSAL IN ANY MANNER SHE MAY THINK PROPER WITHOUT HIS CONCENT ARE APPROBATION AND FURTHER THE SAID COLL.ROBERT MCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIM HIS HEIRS AND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEES WHOMSOEVER UNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEU DUTY PAYABLE OUT THEREOF HERITABLE AND IRREDEEMABLE ALL AND HAILLE THAT HOUSE LYING IN THE VILLAGE OF NEW TARBET CALLED MILMOUNT CALLED MILLMOUNT WICH THE GARDEN BACK CLOSE AND WHOLE PARTS PENDICLES AND PERTINENTS THERETO BELONGING BOUNDED ON THE WEST BY THE HIGH ROAD LEADING THROUGH MILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THE SAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIR AND COUNTY OF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHT OF PROPERTY AND POSSESSION WHICH HE CAN CLAIM OR PRETEND THERETO ANY MANNER OF WAY IN WHICH HOUSE WITH THE GARDEN AND PERTINENTS BEFORE MENTIONED THE SAID COLL.ROBERT MCKINZIE BIND AND OBLIGES HIM HIS HEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE HERITABLE AND IRREDEEMABLE AND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THE ONE WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THE SAID INFEFTMENT BY RESIGNATION HEREBY MAKES AND CONSTITUTES AND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED ---- AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVING GRANTING AND COMMITTING TO THEM FULL POWER WARRANT AND COMMISSION FOR HIM AND IN HIS NAME TO COMPEAR HEREFOR HIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTS OR THEIR COMMISSIONERS HAVING POWER TO RECEIVE RESIGNATIONS AND TO GRANT NEW INFEFTEMENTS THEREON AND THAT UPON THE GROUND THEREOF AT ANY TIME LAWFULL AND CONVENIENT AND THEM AND THERE WITH ALL DUE REVERENCE AND HUMILITY AS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON AS USE IS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL. ROBERT MCKINZIE HEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVER GIVES AND DELIVERS ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS CALLED MILLMOUNT LYING IN THE SAID VILLAGE OF MILMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS AFORESAID AS DESCRIBED AND HERE HELD AS REPEATED BREVALITIS CAUSA OR AS THE SAME ARE MORE PARTICULARY BOUNDED AND DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HIS IMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR AND FOR NEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN AND GRANTED TO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE IN SUCH DUE AND COMPETENT FORM AS OFFERS ALL INSTRUMENTS AND DOCUMENTS THEREAPON TO TAKE AND GENERALLY EVERY OTHERTHING THEREANNENT TO DO WHICH HE COULD DO HIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBY PROMISES TO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICH DISPOSITION AND SUBJECTS THEREBY CONVEYED THE SAID COLL. ROBERT MCKINZIE BINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TO WARRANT TO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE AND HER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY AS LAW WILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISS KATHERINE SUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS AND ASSIGNEES NOT ONLY IN AND TO THE RENTS MAILLS AND DUTIES THEREOF IN TIME COMING BUT ALSO IN AND TO THE TITLES WRITS AND EVIDENTS THEREOF CONCEIVED INFAVOUR OF HIM HIS PREDECESSORS OR AUTHORS AND WHICH ASSIGNATION ABOVE WRITEN HE HEREBY BINDS AND OBLIGES HIM AND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FAR AS CONCERNS THE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALL DEADLY AS LAW WILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS AND DUTIES FROM HIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT IS HEREBY AGREED UPON BETWIX THE PARTIES THAT EXECUTION SHALL PASS HEREON AT THE INSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLE SUTHERLAND ROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENT AND COLL. ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE OR MORE OF THEM OR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIE FOR IMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAID MISS KATHERINE SUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THE PROVISION AND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIR FAVOUR AND DECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE ------- YEARS AND DAY FROM THE SOLEMNIZATION THEREOF WITHOUT A LIVING CHILD BEING HEARD BUT YET THIS PRESENT CONTRACT SHALL SUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THE SAID MISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TO THE CONTRARY NOTWITHSTANDING AND THEY CONSENT TO THE RESIGNATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND IF NEED BE THAT ALL EXECUTION NECESSARY MAY PASS AND BE DIRECT HEREIN AS OFFERS AND THERETO THEY CONSTITUTE THEIR PROCULATORS AND COMMISSIONERS ALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLAND MAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN AND PERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBY DESIRES AND REQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HIS BAILLIES IN THAT PART HEREBY SPEEDILY CONSTITUTE THESE PRESENTS -------- PASS TO THE SAID SUBJECTS AND THERE GIVE AND DELIVER TO THE SAID MISS KATHERINE SUTHERLAND HERITABLE STATE AND SASINE REAL AND ACTUALL AND CORPOREAL POSSESSION OF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS BEFORE DESCRIBED OR AS THE SAME ARE MORE PARTICULARY DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELD AS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THE SAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLES AND PERTINENTS THERETO BELONGING AND THAT BY DELIVERING TO THE SAID MISS KATHERINE SUTHERLAND OR HER ATTORNEY OR ATTORNEYS WHOM NAME BEARER HEREOF; SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDER THE BURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THIS IN NOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL. ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOU CONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THIS HIS PRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECT IN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBED THESE PRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOF WROTE UPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULY STAMPED WORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OF ROSS BRAILANGWELL THE FIFETEENTH DAY OF AUGUST 1801 YEARS BEFORE THESE WITNESSES THE SAID COLL.ALEXANDER BAILLIE OF KNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THE SAID THOMAS SUTER WRITER HEREOF. ROBERT MCKINZIE KATHARINE SUTHERLAND GEORGE SACKVILLE SUTHERLAND ALEXANDER BAILLIE WITNESS ALEXANDER BAILLIE HIS SON WITNESS THOMAS SUTER WITNESS






RH 15 76 12 ADDITIONAL OBSERVATIONS 26 NOVEMBER 1813 ADDITIONAL OSERVATIONS UPON THE SUBJECT MATTER OF WHAT PASSED IN THE HOUSE OF LORDS ON 26TH DAY OF NOVEMBER 1813 AT THE HEARING OF COUNCIL IN THE APPEAL AT THE INSTANCE OF HIS MAJESTYS ADVOCATE ON BEHALF OF HIS MAJESTY AGAINST MRS HAY MACKENZIE OF CROMARTY AND HER HUSBAND RELATIVE TO THE CROMARTY PATRONAGES UPON SUBMITTING THE OBSERVATIONS MADE OUT IN RELATION TO THE ABOVE SUBJECT TO THE CONSIDERATION OF HIS MAJESTYS ADVOCATE HIS LORDSHIP HAS APPROVED ENTIRELY OF THE SAME AND MERELY SUGGESTED THAT IN THE FURTHER HEARING OF THE APPEAL IT MIGHT BE PROPER TO TAKE AN OPPERTUNITY OF STATING TO THE LORD CHANCELLOR THE NATURE OF THE RIGHT ACQUIRED BY A CHARTER PROCEEDING FROM THE CROWN ACCORDING TO THE REVISAL OF THE SAME BY THE BARONS OF EXCHEQUER IN SCOTLAND SO AS TO DO AWAY ANY IMPRESSION THAT THE INTRODUCTION OF THE PATRONAGE INTO THE CROWN CHARTERS AND INFEFTMENTS IN FAVOUR OF THE EARL OF CROMARTY AND HIS AUTHORS OR IN FAVOUR OF THE LATE LORD MCLEOD UNDER THE SANCTION OF THE DISANNEXING ACT COULD IN THE SMALLEST DEGREE PRECLUDE THE CROWN FROM NOW CHALLENGING OR IMPUNGING THE PRETENDED RIGHT OF THE DEFENDANTS TO SAID PATRONAGES WITH REGARD TO WHICH IT IS MERELY NECESSARY TO OBSERVE THAT NO CROWN CHARTER PASSING IN EXCHEQUER SUCH AS THAT OF THE EARL OF CROMARTY IS UNDERSTOOD OF ITSELF TO DIVEST THE CROWN OF THE ESTATES OR SUBJECTS THEREIN CONTAINED AND TO CONFER AN UNCHALLENGABLE RIGHT TO THE SAME IN THE PERSONS OF THE DISPONEES IT IS WELL KNOWN THAT THE BARONS OF EXCHEQUER IN THE REVISING OF THE CROWN CHARTERS NEITHER ENQUIRE INTO NOR TAKE COGNIZANCE OF THE VALIDITY OF THE RIGHTS AND TITLES OF THE APPLICANTS TO THE ESTATES AND SUBJECTS THEREIN CONTAINED THE CHARTERS ARE GRANTED ENTIRELY PERICULO PETENTIS AND ALL THAT THE BARONS DO OR CONSIDER THEMSELVES BOUND IN DUTY TO ATTEND TO IS TO COMPARE THE DESCRIPTION OF THE LANDS AND TENEMENTS THEREIN EXPRESSED WITH SOME FORMER CROWN CHARTER OR RETOUR AND TO TAKE CARE THAT THE FULL DUTY PAYABLE TO THE CROWN IS CONTINUED IN THE NEW CHARTER WISHED TO BE EXPEDE IT IS ALSO WELL KNOWN THAT THE SAME ESTATES AND TENEMENTS ARE FOUND CONTAINED IN THE CHARTERS OF VARIOUS DIFFERENT PERSONS HAVING NO CONNECTION WITH ONE ANOTHER AND IT IS ONLY BY AND IN CONSEQUENCE OF PRESCRIPTIVE POSSESSION FOLLOWING ON THE CHARTER OR UPON SOME SEPERATE TITLE THAT THE RIGHT OF THE TRUE PROPRIETOR OF SUCH ESTATES AND TENEMENTS CAN BE ASCERTAINED AND INSTRUCTED CONSEQUENTLY IT IS IN NO DEGREE CONCLUSIVE THAT THE PATRONAGES IN QUESTION ARE TO BE FOUND DESCRIBED AND CONTAINED IN THE CROWN CHARTERS OF THE EARL OF CROMARTY OR OF LORD MCLEOD AND THE RIGHTS OF THE PARTIES MUST BE SUPPORTED BY OTHER SEPERATE TITLES AND PARTICULARLY BY PRESCRIPTIVE POSSESSION AND EXERCISE OF THE RIGHT OF PATRONAGES ALL AS MORE FULLY DETAILED IN THE PRINTED PAPERS GIVEN TO THE COURT OF SESSION AND REPEATED IN THE APPEAL CASES PRODUCED BEFORE THE HOUSE OF LORDS AGAIN IT IS PROPER TO NOTICE THAT SINCE THE FORMER OBSERVATIONS WERE MADE OUT TWO DAYS AGO INFORMATION HAS BEEN GIVEN THAT THE ORIGINAL OF A JUDICIAL RENTAL OF THE ESTATE OF CROMARTY TAKEN IN THE YEAR 1755 BY THE FACTOR APPOINTED BY THE BOARD OF COMMISSIONERS OF ANNEXED ESTATES IN SCOTLAND WAS STILL EXTANT IN THE COURT OF EXCHEQUER WHEREIN SOME MENTION IS MADE OF THE PATRONAGES UNDER APPEAL A COPY OF THE RENTAL HAS BEEN OBTAINED FROM EXCHEQUER BY MR HAY MACKENZIE OF CROMARTY ONE OF THE DEFENDANTS SOME YEARS AGO AND HE HAS JUST NOW GOT THE ABOVE COPY CERTIFIED TO BE A TRUE AND EXACT COPY BY THE PROPER OFFICER OF EXCHEQUER OF THE ORIGINAL RENTAL EXTANT IN THE SAID COURT WHICH CERTIFIED COPY INTENDED TO BE FORTHWITH TRANSMITTED TO HIS SOLICITOR IN LONDON FOR THE PURPOSE OF BEING PRODUCED IF DEEMED EXPEDIENT BEFORE THE HOUSE OF LORDS UPON EXAMINING THE PRINCIPAL RENTAL LYING IN THE COURT OF EXCHEQUER THE INTRODUCTION TO THE DEPOSITION OF THE SEVERAL PERSONS EXAMINED IS CONCEIVED IN THE FOLLOWING TERMS AT CASTLE LEOD THE 4TH AUGUST 1755 IN THE PRESENCE OF CAPTAIN JOHN FORBES OF NEW FACTOR APPOINTED BY THE COMMISSIONERS NAMED BY HIS MAJESTY FOR MANAGING THE ANNEXED ESTATES IN SCOTLAND FORFEITED FOR HIGH TREASON UPON THE ESTATE OF CROMARTY WHICH BELONGED TO THE LATE GEORGE EARL OF CROMARTY NOW FORFEITED AND ANNEXED AS AFORESAID AND IN THE PRESENCE OF WILLIAM GRANT BARON BAILLIE UPON THE SAID ESTATE IN VIRTUE OF A COMMISSION GRANTED TO HIM BY A QUORUM OF THE SAID COMMISSIONERS AND TRUSTEES DATED THE DAY OF AUGUST CURRENT WHO IN VIRTUE OF THE POWERS GRANTED TO HIM DID NOMINATE AND APPOINT JOHN PROCTOR NOTTARY PUBLIC AS HIS CLERK AND WHO IN CONSEQUENCE OF AN ORDER BY THE SAID COMMISSIONERS DATED THE 14TH DAY OF JULY LAST DIRECTING THE SAID CAPTAIN JOHN FORBES TO TAKE JUDICIAL RENTAL OF THE SAID ESTATE WHEREOF HE IS FACTOR DID CAUSE WARN THE SEVERAL PERSONS AND NAMED VASSALS TENNANTS AND POSSESSORS OF THE PART OF CROMARTY WHICH LIES IN THE PARISH OF FODDERTY TO APPEAR BEFORE THEM AND TO BRING WITH THEM THE CHARTERS TACKS LEASES OR OTHER WRITS BY VIRTUE WHEREOF THEY HAVE RIGHT TO OR POSSESS THEIR RESPECTIVE LANDS POSSESSIONS IN ORDER TO THE SAID CAPTAIN JOHN FORBES HIS TAKING A JUDICIAL RENTAL OF THE SAID ESTATE ACCORDINGLY COMPEARED. VIZ. HERE FOLLOW THE DEPOSITIONS OF A NUMBER OF WITNESSES WHO WERE EXAMINED BUT THE ONLY WITNESSES IN WHOSE OATHS ANY MENTION APPEARS TO BE MADE OF THE PATRONAGE ARE THE FOLLOWING VIZ. JOHN MACKENZIE OF MEDDAT SWORN DEPONES AND BEING FURTHER INTERROGATE IF HE KNOWS WHAT KIRKS THE LATE LORD CROMARTY WAS PATRON OF DEPONES THAT LORD CROMARTY WAS REPUTE PATRON OF THESE FOLLOWING VIZ. KILMUIR-EASTER AND WESTER, ARDNASIER, KILLUNAN, FODDERTY AND KINNITIS, URQUHART, URRAY AND GILCHRIST, KILMORACK, LOGGIE EASTER,TAIN, EDDERTOWN, SUDDY,ROSEMARKIE,CROMARTY,CULLYCUDDEN,ROSEKEEN,KINCARDINE,ALNESS AND LOCHBROOM MR JAMES ROBERTSON MINISTER OF THE GOSPEL AT LOCHBROOM DEPONES THAT HE WAS INFORMED THE LATE LORD CROMARTY WAS PATRON OF NINETEEN PARISH KIRKS WITHIN THE SHIRES OF ROSS AND CROMARTY PARTICULARY LOCHBROOM KINCARDINE EDDERTON AND LOGGIE EASTER BUT CANNOT CONDESCEND ON ANY MORE MR PORTEOUS MINISTER OF THE GOSPEL AT KILMUIR EASTER DEPONES THAT HE HAS HEARD THE LATE EARL LORD CROMARTY REPUTE PATRON OF EIGHTEEN OR NINETEEN PARISH CHURCHS WITHIN THE SYNOD OF ROSS WHEREOF HE REMEMBERS IN PARTICULAR THE PARISH CHURCHES OF LOGGIE EASTER, EDDERTOWN AND KINCARDINE NOW FROM THE FOREGOING DEPOSITIONS AND STATEMENTS IT IS MANIFEST THAT NO AID WHATEVER CAN POSSIBLY BE DESIRED BY THE DEFENDENT FROM THE ABOVE MENTIONED JUDICIAL RENTAL IN THE FIRST PLACE IT IS NOT A RENTAL OR STATEMENT MADE UP IN PURSUANCE OF ANY ORDER ISSUING FROM THE COURT OF EXCHEQUER AND IS TOTALLY DIFFERENT FROM THE SURVEY TAKEN BY DIRECTIONS OF THE BARONS OF EXCHEQUER ACTING UNDER THE AUTHORITY OF THE STATUTE OF THE 20TH GEORGE THE 2ND CHAPTER 41ST IN THE NEXT PLACE THIS RENTAL WAS AN ACT OF THE FACTORS APPOINTED BY THE BOARD OF COMMISSIONERS OF ANNEXED ESTATES FOLLOWING OUT AN INJUNCTION OF THE SAID BOARD AND THE PROCEEDING WAS CARRIED ON NOT BEFORE A JUDGE EXERCISING JUDICIAL AUTHORITY UNDER AN APPOINTMENT FROM THE CROWN BUT MERELY BEFORE A PERSON APPOINTED A BARON BAILLIE OVER THE DISTRICT COMPOSING A PART OF THE ESTATE OF CROMARTY BY THE BOARD OF ANNEXED ESTATES IT IS IN FACT NOTHING MORE THAN A PROCESSING WHICH ANY PRIVATE PARTY OR NEW PROPRIETOR WHO WISHED A RENTAL OF HIS LANDS AND ESTATE TO BE TAKEN IN A MORE CORRECT FORM HAD IT IN HIS POWER TO ADOPT AT ANY TIME AND UPON AN OCCASION WHENEVER HE MIGHT SO INCLINE THIRDLY, IT APPEARS THAT IN TAKING THE ABOVE MENTIONED JUDICIAL RENTAL OF THE ESTATE OF CROMARTY WHILE THE WITNESSES WERE EXAMINED RESPECTING THE AMOUNT OF THE RENTS PAYABLE BY THEM WITH THE PUBLIC BURDENS EXIGIBLE FROM THEIR POSSESSIONS AND OTHER PARTICULAR RELATIVE TO THE PREMISES THE FACTOR APPOINTED BY THE BOARD OF ANNEXED ESTATES WITHOUT ANY APPARENT AUTHORITY FROM THE BOARD AND MORE PROBABLY MERELY FOR THE PURPOSE OF SATISFYING HIS OWN PRIVATE CURIOSITY PUT A QUESTION TO THREE OF THE WITNESSES EXAMINED OUT OF A VERY CONSIDERABLE NUMBER AS THEIR KNOWLEDGE OF WHAT KIRKS THE LATE LORD CROMARTY WAS PATRON OF AND THE ANSWER RETURNED EACH OF THE WITNESSES TO THE SAID QUESTION HAS BEEN RECITED ABOVE WHICH ANSWER COMPREHENDS EVERYTHING THAT APPEARS UPON THE FACE OF THE JUDICIAL RENTAL REGARDING THE PATRONAGES IN ANY MANNER OF WAY BUT SURELY NO WORDS ARE NECESSARY TO EVINCE THAT THE CIRCUMSTANCES OF THE LATE EARL OF CROMARTY HAVING BEEN REPUT PATRON OF ALL OR ANY OF THE CHURCHES IN QUESTION CAN JUSTIFY BE CONSIDERED OF THE SMALLER SIGNIFICANCY IN ESTABLISHING THE FEUDAL RIGHT OF THE DEFENDANTS TO THE SAID PATRONAGES THIS CAN BE ALLEGED TO BE CONFIRMED BY CHARTER AND SEISIN WITH UNINTERRUPTED POSSESSION FOLLOWING THEREON PAST THE YEARS OF PRESCRIPTION AND NO TRADITION OVER THE COUNTY CAN IN THE MOST REMOTE DEGREE EITHER STRENGTHEN OR WEAKEN THE FEUDAL RIGHTS OF PARTIES UPON THE WHOLE IT IS HUMBLY SUBMITTED THAT THE PLEA OF THE DEFENDANTS CAN DEVISE NO SUPPORT WHATEVER BY THE JUDICIAL RENTAL NOW TRANSMITTED TO LONDON IF FOUNDED ON BY THEM BEFORE THE HOUSE OF LORDS AND THAT THE TITLE OF THE CROWN OUGHT STILL TO BE PREFERRED TO THAT OF THE FAMILY OF CROMARTY IT IS ALSO AGAIN INTREATED THAT EVERY EFFORT MAY BE MADE TO PREVENT THE CASE FROM BEING REMITTED BACK TO THE COURT OF SESSION WHICH WOULD JUST CONTINUE THE LITIGATION SO MUCH LONGER WITHOUT PRODUCING ANY NEW LIGHT UPON THE MERITS OF THE QUESTION AT ISSUE.










RD15/1825 JUNE 11 SCOTTISH RECORD OFFICE I ALEXANDER MACKENZIE OF ROYSTON CONSIDERING THAT FOR MY OUTFIT GOING TO INDIA I HAVE FOUND IT NECESSARY TO A SUM OF FIVE HUNDRED POUNDS STERLING BY HAVING MY BILL FOR THAT AMOUNT DISCOUNTED THROUGH THE AGENCY OF JOSEPH GORDON WRITER TO THE SIGNET AND ALEXANDER STUART WRITER IN EDINBURGH PARTNERS CARRYING ON BUSINESS UNDER THE FIRM OF GORDON AND STUART AND THAT I AM ALSO CO-OBLIGANT WITH MRS CATHERINE MACKENZIE MY MOTHER IN ANOTHER BILL DRAWN UP BY THE SAID ALEXANDER STUART UPON AND ACCEPTED BY MY MOTHER AND ME FOR THE SUM OF THREE HUNDRED AND FIFTY FIVE POUNDS STERLING AND THAT FOR THE SECURITY OF THEIR RELIEF FROM PAYMENT OF THE SAID BILL THE SAID GORDON AND STUART HAVE EFFECTED OR ARE ABOUT TO EFFECT AN INSURANCE ON MY LIFE AND FURTHER CONSIDERING THAT FROM THE PROSPECT I HAVE OF REMAINING IN INDIA FOR A CONSIDERABLE TIME IT IS NECESSARY FOR ME TO APPOINT FIT AND PROPER PERSONS TO ATTEND TO AND MANAGE MY INTERESTS AND AFFAIRS IN THIS COUNTY DURING MY ABSENCE AND HAVING CONFIDENCE IN THE FEDELITY AND ATTENTION OF THE SAID GORDON AND STUART FOR EXECUTING THE OFFICE OF FACTOR AND COMISSIONERS FOR ME I THEREFOR HEREBY NOMINATE CONSTITUTE AND APPOINT THE SAID JOSEPH GORDON AND ALEXANDER STUART JOINTLY AND SEVERALLY TO BE MY FACTORS AND COMMISSIONERS TO THE EFFECT AFTER MENTIONED GIVING GRANTING AND COMMITTING TO THEM JOINTLY AND TO EACH OF THEM SEPARATELY MY FULL POWER WARRANT AND COMMISSION FOR ME AND IN MY NAME TO ASK CRAVE UPLIFT AND RECEIVE WITH FOR AND DISCHARGE ASSIGN OR CONVEY ALL AND SUNDRY DEBT AND SUMS OF MONEY AND OTHERS WHATSOVER DUE AND ADDEBTED TO ME BY BOND BILL ACCOUNT OR OTHERWISE AND PARTICULARLY TO UPLIFT RECEIVE AND DISCHARGE ASSIGN AND CONVEY AND IF NECESSARY SUE FOR AND EXECUTE ALL MANNER OF DILIGENCE EITHER IN MY NAME OR THEIR OWN FOR RECOVERY OF BOTH THE PRINCIPAL SUMS AND THE INTEREST DUE AND TO BECOME DUE TO ME UPON A BOND DATED THE 07/12/1822 GRANTED BY ROBERT SUTHERLAND ESQUIRE OF ST VINCENT AND OF MILLMOUNT OF ROSS AND TO ME FOR THE PRINCIPAL SUM OF ONE THOUSAND AND NINETY SIX POUNDS SEVEN SHILLINGS AND ONE PENNY STERLING AND UPON ANOTHER BOUND OF THE SAME DATE GRANTED BY THE SAID ROBERT SUTHERLAND ESQUIRE TO THE SAID MRS KATHARINE MACKENZIE IN LIFERENT AND TO ME IN FEE FOR THE PRINCIPAL SUM OF ONE THOUSAND THREE HUNDRED AND FORTY NINE POUNDS NINETEEN SHILLINGS AND SEVEN PENCE THREE TWELTH OF A PENNY STERLING AS ALSO TO UPLIFT AND RECEIVE FOR THE PURPOSE OF INVESTMENT THE PRINCIPAL SUM OF ONE THOUSAND FOUR HUNDRED AND NINETY FOUR POUNDS SEVENTEEN SHILLINGS AND FOUR PENCE STERLING DUE TO ME AS HEIR OF ENTAIL OF THE RESIDUE OF THE PRICE OF THE ROYSTON ESTATE CONTAINED IN AN HERITABLE BOND OVER THE LANDS OF OVERWHITECLEUGH IN THE PARISH OF CRAWFORDJOHN AND SHIRE OF LANARK GRANTED BY DANIEL HAMILTON ESQUIRE OF GUTHERSCLEUGH WITH CONSENT OF HARRIET CAMPBELL HIS SPOUSE AND MRS HELEN HAMILTON RELICT OF THE DECEASED ALEXANDER HAMILTON ESQUIRE OF GILKIRSCLEUGH TO ME WHOMFAILING TO THE HEIRS MALE WHOMSOEVER OF GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING TO THE NEAREST HEIRS AND ASSIGNEES WHOMSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF COMARTY WHICH BOND IS DATED THE TWELFTH AND THIRTEENTH DAYS OF JULY 1811 AND UPON WHICH INFEFTMENT FOLLOWED IN MY FAVOUR CONFORM TO INSTRUMENT OF SASINE DATED THE SIXTEENTH AND RECORDED IN THE GENERAL REGISTER OF SASINE AT EDINBURGH THE NINETEENTH DAYS OF THE SAID MONTH OF JULY YEAR FORESAID AND TO RECEIVE AND DISCHARGE THE INTEREST OF THE SAID SUM PERIODICALLY AS THE SAME BECOMES DUE AND IN LIKE MANNER TO UPLIFT RECEIVE AND DISHARGE BUT FOR THE PURPOSE OF REINVESTMENT THE SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENSE STERLING DUE TO ME AS HEIR OF ENTAIL AFORESAID OF THE ALL DUE OF THE PRICE OF THE ROYSTON ESTATE FROM AND OUT OF THE CROMARTY ESTATE AND TO RECEIVE AND DISHARGE THE INTEREST OF THE SAID SUM PERIODICALLY AS THE SAME BECOMES DUE AND IN LIKE MANNER TO UPLIFT RECEIVE AND DISCHARGE BUT FOR THE PURPOSE OF REINVESTMENT ONLY THE SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE STERLING DUE TO ME AS HEIR OF ENTAIL AFORESAID OF THE RESIDUE OF THE PRICE OF THE ROYSTON ESTATE FROM AND OUT OF THE CROMARTY ESTATE AND TO RECEIVE AND DISCHARGE THE INTEREST OF THE SAID SUM PERIODICALLY AS THE SAME BECOMES DUE DECLARING HEREBY THAT THE RECEIPT DISCHARGE AND RENUNCIATIONS ASSIGNATIONS AND CONVEYANCES TO BE GRANTED BY THE SAID JOSEPH GORDON AND ALEXANDER STUART OR EITHER OF THEM UPON PAYMENT TO THEM OF THE SAID SEVERAL SUMS OF PRINCIPAL AND INTEREST OR ANYPART THEREOF TO THE PERSON OR PERSONS WHO SHALL PAY THE SAME SHALL BE AS VALID AND EFFECTUAL TO THE RECEIVED AND AS BINDING UPON ME TO ALL INTENTS AND PURPOSES AS IF GRANTED BY MYSELF AND I HEREBY EXPRESSELY AUTHORISE AND EMPOWER MY SAID FACTORS AND COMMISSIONERS TO APPLY AND APPROPRIATE THE INTEREST ARISING ON THE SAID SEVERAL BONDS IN THE FIRST PLACE IN PAYMENT OF THE PREMIUM OF THE INSURANCE UPON MY LIFE SO LONG AS IT MAY BE NECESSARY TO KEEP UP THE SAID INSURANCE THAT IS UNTIL THE SAID BILLS WHICH THEY HAVE PROCURED TO BE DISCOUNTED FOR MY MOTHER AND MYSELF SHALL BE PAID AND WITH FULL POWER ALSO TO MY COMMISSIONERS TO APPLY AND APPROPRIATE THE NECESSARY AMOUNT OF THE PRINCIPAL SUM DUE TO ME BY THE SAID ROBERT SUTHERLAND ESQUIRE BY THE BOND FIRST ABOVE NARRATED AS SOON AS HE CAN MAKE IT CONVENIENT TO PAY IT OFF IN EXTINCTION OF THE SAME DUE BY THE SAID BILLS ANDI DO FURTHER NOMINATE CONSTITUTE AND APPOINT THE SAID JOSEPH GORDON AND ALEXANDER STUART AND EACH OF THEM MY PROCURATOR FOR ME AND IN MY NAME TO PURCHASE AND PROCURE BRIEVES FURTH OF HIS MAJESTIES CHANCERY FOR SERVING ME HEIR IN GENERAL OR SPECIAL TO ANY OF MY ANCESTORS TO WHOM IT MAY BE NECESSARY OR EXPEDIENT THAT I BE SSERVED HEIR TO FOR THE PURPOSE OF ENABLING ME TO CLAIM ANY ESTATE OR TITLE OF DIGNITY TO WHICH I HAVE RIGHT AS NEAREST AND LAWFUL HEIR OF SUCH ANCESTORS AND I DO GENERALLY HEREBY GRANT FULL POWER COMMISSION AND AUTHORITY TO THE SAID JOSEPH GORDON AND ALEXANDER STUART TO DO AND PERFORM ALL AND WHATSOEVER LAWFUL DEEDS AND ACTS NEEDFUL AND REQUISITE TO THE ADMINISTRATION AND MANAGEMENT OF MY AFFAIRS IN ANY ABSENCE RECTIFYING AND CONFIRMING AND HEREBY PROMISING TO RATIFY AND CONFIRM ALL AND WHATSOEVER THE SAID JOSEPH GORDON AND ALEXANDER STUART OR EITHER OF THEM SHALL LAWFULLY DO OR CAUSE TO BE DONE IN THE PREMISES BY VIRTUE HEREOF AND DECLARING THAT THIS FACTORY AND COMMISSION SHALL SUBSIST UNTIL THE SAID BILLS BE PAID AND THEREAFTER UNTIL THE SAME BE RECEITTED BY A WRITING UNDER MY HAND PROVIDING ALWAYS AND DECLARING ALSO AS IT IS HEREBY SPECIALLY PROVIDED AND DECLARED AND THE SAID JOSEPH GORDON AND ALEXANDER STUART BY THEIR ACCEPTANCE HEREOF CONSENT AND AGREE AND BIND AND OBLIGE THEMSELVES AND THEIR RESPECTIVE HEIRS EXECUTERS AND SUCCESSORS TO HOLD JUST COUNT AND RECONING WITH ME FOR THEIR RESPECTIVE INTROMISSIONS IN VIRTUE OF THESE PRESENTS THAT IS EACH FOR HIS OWN ACTION INTROMISSIONS BUT NOT JOINTLY FOR INTROMISSIONS SEPARATELY HAD AND TO MAKE PAYMENT TO ME OR TO MY ORDER FROM TIME TO TIME OF WHATEVER BALANCES MAY BE IN THEIR HANDS OR IN THE HANDS OF EITHER OF THEM UPON SUCH ACCOUNTING AND I CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OR OTHERS COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND FOR THERE EFFECT CONSTITUTE MY PROCURATORS IN WITNESS WHEREOF I HAVE SUBSCRIBED THESE PRESENTS WRITTEN UPON THIS AND THE TWO PRECEDING PAGES OF STAMPED PAPER BY HENRY CHEYNE APPRENTICE TO THE SAID JOSEPH GORDON WRITER TO THESIGNET AT EDINBURGH THE THIRD DAY OF JANUARY 1824 BEFORE THESE WITNESSES THE SAID HENRY CHEYNE AND ALEXANDER BURNET ALSO APPRENTICE TO THE SAID JOSEPH GORDON. HENRY CHEYNE WITNESS ALEXANDER BURNETT WITNESS ALEXANDER MACKENZIE






SASINE IN FAVOUR OF ELIZABETH BAILLIE IN LIFERENT AND MRS KATHERINE SUTHERLAND AND WIFE AT INVERNESS THE 23 DAY OF DECEMBER ONE THOUSAND EIGHT HUNDRED AND THREE BETWEEN THE HOURS OF TWO AND THREE O’ CLOCK IN THE AFTER NOON THE SASINE UNDER WRITTEN WAS PRESENTED BY DAVID MAC PHERSON WRITEN IN INVERNESS AND RECORDED AS FOLLOWS VIZ... IN THE SASINE OF GOD AMEN BE IT KNOWN TO ALL MEN BY THIS PRESENT PUBLIC INSTRUMENT THAT UPON THE TWENTIETH DAY OF DECEMBER IN THE YEAR OF OUR LORD EIGHTEEN HUNDRED AND THREE AND OF THE REIGN OF OUR SOVEREIGN LORD GEORGE THIRD BY THE GRACE OF GOD OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND KING DEFENDER OF THE FAITH THE FORTY FOURTH YEAR IN PRESENCE OF ME NOTARY PUBLIC AND WITNESS SUBSCRIBING COMPEARED PERSONALLY KENNETH MACLENNAN SERVANT TO ME NOTARY PUBLIC AS PROCURATOR AND ATTORNEY FOR AND IN NAME AND BEHALF OF MRS ELIZABETH BAILLIE WIDOW OF THE DECEASED LIEUTENANT AND COLONEL JAMES SUTHERLAND OF UPPAT MRS KATHERINE SUTHERLAND SPOUSE TO COLONEL ROBERT MACKENZIE DAUGHTER OF THE SAID LIEUTENANT COLONEL JAMES SUTHERLAND-----------------LORD SEAFORTH MARY MAXWELL SUTHERLAND SPOUSE TO LIEUTENANT ALEXANDER SUTHERLAND FORMERLY OF THE SECOND BATTALION OF THE SEVENTY EIGHTH REGIMENT OF FOOT ALSO DAUGHTER OF THE SAID LIEUTENANT ALEXANDER SUTHERLAND FORMERLY OF THE SECOND BATTALION OF THE SEVENTY EIGHTH REGIMENT OF FOOT ALSO DAUGHTER OF THE SAID LIEUTENANT COLONEL JAMES SUTHERLAND AND GEORGE SACKVILLE SUTHERLAND ESQUIRE LATE OF UPPAT ELDEST SON OF THE SAID LIEUTENANT COLONEL JAMES SUTHERLAND WHOSE POWER OF PROCURATORY WAS SUFFICIENT KNOWN TO ME NOTARY PUBLIC SUBSCRIBING HAVING AND HOLDING IN HIS HANDS A BOND AND DISPOSITION IN SECURITY OF THE DATE UNDERWRITTEN CONTAINING THEREIN THE PRECEPT OF SASINE HEREIN AFTER INSERTED MADE AND GRANTED BY BRIGADIER GENERAL NOW MAJOR GENERAL ALEXANDER MACKENZIE LIEUTENANT COLONEL OF THE 36TH REGIMENT OF FOOT WHEREBY HE BOUND AND OBLIGED HIMSELF HIS HEIRS EXECUTORS AND SUCCESSORS WHOMSOEVER THAT IS FULLY TO CONTEND AND PAY THE SUM OF ONE THOUSANT POUNDS STERLING TO THE SAID MRS ELIZABETH BAILLIE IN LIFERENT AND FOR HER LIFERENT USE OF THE INTEREST THEREOF ALTERNATIVELY AND GIVE ALL THE FEE ONE HALF OF THE SAID SUM BEING FIVE HUNDRED POUNDS STERLING TO THE AFORESAID MRS KATHARINE SUTHERLAND AND TO HER HEIRS AND ASSIGNIES BUT SUBJECT TO THE DECLARATIONS AND QUALIFICATIONS THEREIN AND HEREIN AFTERMENTIONED AND THE OTHER OR REMAINING HALF BEING AN OTHER FIVE HUNDRED POUNDS FINDING OF THE SAID PRINCIPAL SUM TO THE SAID FRANCIS LORD SEAFORTH AND TO HIS HEIRS AND ASSIGNEES BUT IN SECURITY ONLY AFTER MENTIONED AND SUBJECT TO THE DECLARATIONS AND QUALIFICATIONS THEREIN AND HEREIN AFTER MENTIONED AND THAT AS AND AGAINST THE TERM OF WHITSUNDAY NEXT TO COME WITH ONE FIFTH PART NOW OF THE SAID PRINCIPAL SUM OF LIQUIDATE PENALTY IN CASE OF FAILURE IN THE PAYMENT OF THE SAID LAND AND INTEREST THEREOF IN THE CASE OF THE SAID BOND AND DISPOSE NOWIN SECURITY TO THE SAID TERM OF PAYMENT AND THERE AFTER AT TWO TERMS IN THE YEAR WHITESUNDAY AND--------------------------------- BY EQUAL PORTIONS BEGINNING THE FIRST TERMS PAYMENT THEREOF AT WHITSUNDAY NEXT FOR WHAT INTEREST MIGHT BE THEIR DUE AN SEVERELY AND HALF YEARLY BY THEREAFTER AT THE SAID TWO TERMS SO LONG AS THE ----------- SHALL ------------------ UNPAID DECLARING ALWAYS THAT THE RIGHT OF THE SAID FRANCIS LORD SEAFORTH WAS ONLY IN SECURITY OF A DEBT DUE TO HIM BY THE SAID LIEUTENANT ALEXANDER SUTHERLAND HUSBAND OF THE SAID MARY MAXWELL SUTHERLAND IN TERMS OF THEIR BOND DISPOSITION AND ---------------------------------------- TO HIS LORDSHIP CONVEYING THE SAID MARY MAXWELL SUTHERLAND INTEREST IN THE SUM CONTAINED IN AN HERITABLE BOND GRANTED BY MAJOR GENERAL MACKAY HUGH BAILLIE OF ROSEHALL AND THAT UPON THE SAID DEBT BY LIEUTENANT ALEXANDER SUTHERLAND TO THE SAID FRANCIS LORD SEAFORTH BEING PAID OR OTHERWISE EXTINGQUISHED HIS LORDSHIPS INTEREST UNDER THE SAID SECURITY SHOULD CEASE AND BE AT AN END AND THE PROVISIONS OF THE SAID MARY MAXWELL SUTHERLAND OR THAT HALF OF THE SUM CONTAINED IN THE SAID BOND ARISING WITH THE INTEREST AFTER THE DEATH OF THE SAID MRS ELIZABETH BAILLIE HER MOTHER AND PENALTY CORRESPONDING THERETO SHOULD BECAUSE PAYABLE TO HERESELF AND HEIRS AND EXECUTIONERS BUT FURTHER PROVIDING AS IF WAS THEIR BY SPECIALY PROVIDED AND DECLAREDTHAT IN THE EVENT OF THE AFORESAID KATHARINE AND MARY MAXWELL SUTHERLAND OR EITHEROF THEM DYING BEFORE THE SAID MRS ELIZABETH BAILLIE THEIR MOTHER THEIR BIND AND IN THAT CASE THEIR----------------- AND PROVISIONS AS THOSE AFORESAID INRESPECTIVE SUMS OF FIVE HUNDRED POUNDS EACH THERE FROM CONTAINED IN THE SAID BOND AND DISPOSITIO IN SECURITY WITH INTEREST AND PENALTY CORRESPONDING THERETO SHALL RESPECTIVELY BELONG TO THE PERSON AFORESAID TO WHOM THE SASINE WHICH IN THE EVENTS MENTIONED AND DEED OF SETTLEMENT BY THE SAID LIEUTENANT COLONEL SUTHERLAND NARRATED IN THE SAID BOND AND DISPOSITION IN SECURITY HAVE BELONGED IF THEY HAVE TILL RECEIVED A PENALTY FORMER SECURITY AND IN CASE IF SHOULD BE FOUND THAT BY THE TRUE CONSTRUCTION OF THE SAID DEED OF SETTLEMENT THE PROVISION THEREBY LEFT TO THE SAID MARY MAXWELL SUTHERLAND IN THE EVENT OF HEIRS DYING BEFORE HER MOTHER WOULD BE EVACUATED SO THAT THE SAME WOULD FALL INTO HER BROTHER THE SAID GEORGE SACKVILLE SUTHERLAND IN THAT CASE AND IN THE SAME EVENTS THE RIGHT OF THE SAID FRANCIS LORD SEAFORTH THOUGH BY THE TENOR OF THE SAID BOND AND DISPONE NOW IN SECURITY HIS LORDSHIP WAS MADE DIRECT CREDITOR SHOULD CEASE AND BECOME VOID AND THE FIVE HUNDRED POUNDS MADE PAYABLE TO HIS LORDSHIP WITH THE INTEREST THEREOF FROM THE DEATH OF THE LIFERENTING SHOULD BECOME PAYABLE TO THE SAID GEORGE LACKWELL SUTHERLAND BUT OTHERWAY THE RIGHT TO THE SAID FIVEHUNDRED POUNDS SHOULD REMAIN WITH HIS LORDSHIP IN THE SAID EVENT AS WELL AS IN ANY OTHER IN SECURITY OF THE SAID DEBT DUE TO HIM AND FOR THE FURTHER SECURITY AND MORE SURE PAYMENT OF THE SAID SUMS PRINCIPAL INTEREST AND PENALTY THE SAID ALEXANDER MACKENZIE DID DISPONE ASSIGN AND MAKE OVER TO THE AFORESAID MRS ELIZABETH BAILLIE IN LIFERENT AND MRS KATHARINE SUTHERLAND AND FRANCIS LORD SEAFORTH THEIR HEIRS AND SUCCESSORS FOR THEIR RESPECTIVE INTERESTS INFEE AS AFORESAID BUT ALWAYS WITH AND UNDER THIS CONDITION PROVISION AND DECLARATIONS BEFORE SPECIFIED AND IN THE EVENT FORESAID TO THE SAID MARY MAXWELL SUTHERLAND AND GEORGE SACKVILLE SUTHERLAND FOR THEIR RESPECTIVE INTERESTS AND TO THEIR HEIRS AND SUCCESSORS RESPECTIVE BY HERITABLY BUT UNDER REVERSION AS THEREIN MENTIONED ALL AND WHOLE THE LANDS OF MANAV WITH THE HOUSES GARDEN ORCHARDS SHEILDING PARTS AND PENDICLES AND UNIVERSAL PERTINENTS OF THE SAME ALL LYING WITHIN THE PARISH OF URRAY AND COUNTY OF ROSS AND ALL AND WHOLE THE LANDS AND ESTATE AND COUNTY OF STRATHCONNON COMPREHENDING THE PARTICULAR TOWNS AND TENEMENTS SPECIFIED IN THE RIGHTS AND INFEFTMENTS THEREOF CONCEIVED IN FAVOUR OF THE SAID ALEXANDER MACKENZIE HIS PREDECESSORS AND ALL HEIRS AND BY WHATSOEVER DENOMINATION THEY GO AND ARE DESCRIBED THEIR WILL WHICH IN WHOLE EXTEND TO TWO DAVOCHS AND IN HALF DAVOCH LAND WITH THE WOOD GRAZING SHEALING MOSSES PASTURAGES PARTS PENDICLES AND PERTINENTS KNOWN TO PERTAIN AND BELONG THERET AND WHICH LANDS IN THE RESPECTIVE PARISHES OF URRAY FODDERTY AND CONTIN IN THE SHERIFFDOM OF ROSS TOGETHER WITH ALL RIGHT AND INTEREST CLAIM OF RIGHT PROPERLY AND POSSESSION WHICH THE SAID ALEXANDER MACKENZIE HIS AUTHORS AND PREDECESSORS HAD OR ANY WAYS RIGHTS HAVE CLAIM OR PRETEND TO THE SAID LANDS AND OTHERS OR TO ANY PART APPORTION THEREOF AND THEIR REAL SECURITY






TARBAT PARISH CONCERNING ARBOLL WHERE ALEXANDER MACKENZIE WORKED AS A YOUTH ON THE ARBOLL ESTATE AS REPORTED IN RS 3 920, 1811 AS A FARM SERVANT, ARBOLL AND HAS HAD MANY OWNERS OVER THE CENTURIES AND THE ARBOLL ESTATE HAS BEEN PART OF THE LARGER LAND HOLDING UNDER VARIOUS BARONIAL TITLES THAT INCLUDES OTHER ESTATES AND FARMS IN AND AROUND PORTMAHOMACH AND APPEARS ON OLD ORDNANCE AND SURVEY MAPS TO BE A SETTLEMENT THAT EVOLVED INTO A LARGER TOWNSHIP MORE THAN THE OTHER PORTS AND SETLEMENTS IN THE PARISH OF TARBAT, THE PORT ITSELF WAS MORE USED FOR TRADING THAN THE OTHER PORTS THAT OVER THE YEARS THE ESTATES HAVE BEEN SPECIFICALY OWNED BY A FEW FAMILIES OF THE SAME NAME, THE ROSSES AND MCLEODS ARE SOME OF THE PROMINENT NAMES IN THE PICTURE HERE, THE BISHOP OF ROSS RECEIVED A GRANT FROM JAMES IV IN 1506 TWO THIRDS OF THE LANDS OF ARBOLL, JOHN FRESALE SOLD IT TO JAMES DUNBAR OF TARBAT IN 1514 THE HOLDINGS OF ARBOLL WERE SOLD TO WILLIAM DENOON IN 1531 THE FOLLING YEAR JOHN DENOON SOLD A THIRD OF ARBOLL TO ALEXANDER ROSS II OF LITTLE TARREL AND HIS SPOUSE ELIZABETH WIDOW OF ANGUS MACCULLOCH OF MEIKLE TARREL AND SHE RECEIVED A GRANT FROM JAMES VI IN 1570 A THIRD OF THE LANDS OF MEIKLE-TARREL. A THIRD PURCHASED LANDS ARBOLL BY JOHN CORBET OF EASTER AIRD AND HIS WIFE MARION DUNBAR IN 1534 OBTAINED FROM JAMES DUNBAR. THE ROSS FAMILY OF PITCALNIE HAD LANDS IN TARBAT AND A MARRIAGE IN 1587 OF MARGARET MUNRO DAUGHTER OF HUGH MONRO OF ASSYNT TO NICHOLAS ROSS I OF PITCALNIE AND WIDOW FROM HIS SECOND MARRIAGE OF ALEXANDER ROSS II OF LITTLE TARREL WHO WAS SON OF ALEXANDER ROSS I OF LITTLE TARREL AND WAS THE LIGITIMATE SON OF WALTER ROSS VIII OF BALNAGOWN, ALEXANDER ROSS I DIED IN 1567/8 AND A CHARTER TO ALEXANDER ROSS IN 1584 (WHO’S SPOUSE WAS MARGARET MUNRO) FROM JAMES VI GRANTING A THIRD OF THE LANDS ARBOLL. LIEUTENANT GENERAL HUGH MACKAY WAS THIRD SON OF HUGH MACKAY OF SCOURIE WHO WAS MARRIED TO ANN CORBET DAUGHTER OF JOHN CORBET JOHN’S SON ALEX IN 1633 WAS SERVED HEIR MALE TO HIS FATHER TWO THIRDS OF THE LANDS ARBOLL. LIEUTENANT GENERAL HUGH MACKAY WAS COMMANDER-IN-CHIEF OF THE FORCES IN SCOTLAND 1689-1690 AND CREDITS JOHN CORBET OF ARBOLL AS BEING THE GENERALS GRANDFATHER. SIR GEORGE MACKENZIE OF TARBAT 1630-1714 ASSUMED THE JUDICIAL TITLE OF LORD TARBAT AND CREATED VISCOUNT TARBAT IN 1685 ALSO THE TITLE OF EARL OF CROMARTY IN 1703, HIS SON JOHN 1656-1731 ASSUMED THE COURTESY TITLE OF LORD TARBAT. JOHN OF TARBAT SON OF GEORGE 1702-1766 MARRIED ISABELLA GORDON 1724 DAUGHTER OF SIR WILLIAM GORDON OF INVERGORDON, A HEREDITABLE BOND DEPONING HIS LANDS OF TARBAT TO SIR WILLIAM GORDON WHO LENT HIM £42,000 SCOTS. FORFEITED ESTATES IN 1784 ON RESTORATION OF A PAYMENT OF £19,000 TO LORD MCLEOD AND INCLUDED TARBAT, HE DIED 1783 WITHOUT ISSUE OF HIS UNCLE, JOHN GORDON SON OF SIR WILLIAM GORDON THE TRUSTEES OF R.B.A. MCLEOD OF CADBOLL IN 1786 GAINED CONTROL OF LORD MCLEODS INHERITANCE. SIR JOHN STUART MACKENZIE OF COUL MARRIED MARY MCLEOD IN 1802 DAUGHTER OF DONALD MCLEOD III OF GEANIES IN THE MARRIAGE CONTRACT A FEU CHARTER WAS INCORPORATED PROVIDING PART OF THE LANDS OF ARBOLL AND THE SASINE DATED 26.9.1805, DONALD MCLEOD, SHERIFF DEPUTE OF THE COUNTY OF ROSS FROM 1774 UNTIL HIS DEATH IN 1834 ALSO HAD CLAIMS TO ESTATES IN ASSYNT AND GEANIES, TARBAT, ON HIS DEATH IN 1834 DONALD MCLEODS TRUSTEES CONTROLLED THE DISPOSING OF HIS POSSESSIONS, A SASINE 18.10.1837 REFERENCE GR.1910.96 THE TRUSTEES OF GEORGE MURRAY OF WESTFIELD SEISED 24.08.1837 IN THE ESTATES OF TARBAT INCLUDING GEANIES, ARBOLL PORTNAVEST CALLED ST JOHNS PORT WITH THE CHAPEL OF ST JOHN AND THE PORT CALLED CAMRAY AND OTHERS. KENNETH MACKENZIE WAS MARRIED TO A JANE PETLEY WHO WAS RELICT AND EXECUTRIX OF KENNETH AND HE WAS ALSO KNOWN AS CAPTAIN KENNETH MACKENZIE OF TARBAT HOUSE AND MARRIED 30 APRIL 1792 AND DIED 4TH NOVEMBER 1796 REFERENCE TO A SASINE PR.404.47 ENTRY 6338 AND THEREIN SUCCEEDED TO THE CROMART EASTATES WHEN HIS COUSIN, LORD MCLEOD DIED THE DORMANT HONOURS WENT OVER TO THE ARDLOCH LINE. JANE PETLEY MARRIED LATER DONALD MCLEOD OF GEANIES A JUDGE, HER FATHER KNOWN TO BE CHARLES PETLEY OF RIVERHEAD CO. KENT. DONALD MCLEOD HAD THE ESTATE OF ARBOLL AND ALEXANDER MACKENZIE WORKED ON THE ESTATE AS A FARM SERVANT THERE WHEN HE WAS YOUNG, RS3. 920, RS3 1262 AND A REFERENCE IN SASINE GR.1910.96 DATED 6 JULY 1837 AND A SASINE EARLIER PART OF A FEU CHARTER THE LANDS ARBOLL DATED 26 SEPTEMBER 1805 MARY MCLEOD DAUGHTER OF DONALD MCLEOD WHO WAS MARRIED TO SIR GEORGE STUART MCKENZIE OF COUL. DONALD MCLEOD OF GEANIES SHERIFF DEPUTY OF ROSS, HIS NIECE MARRIED A JOHN MACKAY AND HE HAD THE ROCKFIELD ESTATE NEAR ARBOLL WHO LIVED 122 PRINCESS STREET EDINBURGH. ARCHIBALD DUDGEON HAD THE ESTATE OF ARBOLL AND A DONALD MCLEOD SUSPENDER VERSES ARCHIBALD DUDGEON, RESPONDENT 21 JUNE 1832 ENTRY NO 394 THAT ON THE 10TH JULY, MR PAUL GRANTED A LEASE TO ARCHIBALD DUDGEON, MAINS FARM, GEANIES ONCE BELONGING TO MCLEOD OF CADBOLL. ROSSHIRE, THIS JURY COURT ACTION WHERE ARCHIBALD DUDGEON VERSES THE REVERENT WIILLIAM FORBES MINISTER OF TARBAT PARISH AND IS LISTED IN THE INVERNESS JOURNAL NEWSPAPER OF FRIDAY 26 JULY 1833 AND 2ND JULY 1833 AND MARRIED TO A JANE WHO WAS BORN 21 MARCH 1787.MR ARCHIBALD DUDGEON (A NATIVE OF EAST LOTHIAN) MR DUDGEON OCCUPYING THE FARM AT ARBOLL IN 1824. HIS HOME FARM OF GEANIES WAS LEASED, ALONG WITH THE LARGE FARM OF ARBOLL MAINS, BY MR WILLIAM DOUGLAS. ST COLUMBA KNOWN AS (COLMAN) BUILT IN 1756 ON NEAR THE DORNOCH FIRTH AT CHAPLEHILL TARBAT OLD CHURCH, TARBAT OLD CHURCH DEDICATED TO ST COLMAN, AN 18TH-CENTURY STRUCTURE, CHAPLEHILL ALSO KNOWN AS GREEN HILL AND IN THE GAELIC (CALMAIG) PARISH CHURCH DEDICATED TO ST COLMOG & ST MARY.RESTORATION OF ST COLMAN'S CHURCH AT PORTMAHOMACK, BOUGHT BY TARBAT HISTORIC TRUST FOR £1 IN 1980. FIRST PICTISH MONASTERY IS SITUATED IN THE RESTORED CHURCH OF ST COLMAN. A LANDMARK OVER-LOOKING THE DORNOCH FIRTH ON THE TARBAT PENINSULA IN NORTHERN SCOTLAND.THE FIRST SMALL CHRISTIAN COMMUNITY ARRIVED HERE IN THE LATE 6TH CENTURY PROBABLY FROM IONA AND THE MONASTERY WAS PERHAPS FOUNDED BY ST COLUMBA. PORTMAHOMACK MEANS ‘PORT OF COLMAN’ BUT CAN ALSO BE READ AS ‘PORT OF COLUMBA’. THE CRYPT AT PORTMAHOMACK WAS ASSIGNED TO A CHAPEL OF ST COLUMBA BY COSMO INNES, W. ANDERSON, J. ROBERTSON, J. BRICHAN AND J. MCNAB, ORIGINES PAROCHIALES SCOTIAE: THE ANTIQUITIES ECCLESIASTICAL AND TERRITORIAL OF THE PARISHES OF SCOTLAND (2 VOLS.), 2:2 (EDINBURGH, 1851–55), 434. RS 3 1262 SASINE TARBAT PARISH ARBOLL FARM & DONALD MCLEOD SIR COLONEL PATRICK BRUCE AT EDINBURGH THE 21 DAY OF JANUARY ONE THOUSAND EIGHT HUNDRED AND TWENTY THREE YEARS BETWEEN THE HOURS OF TWO AND THREE AFTERNOON THE SASINE UNDER WRITTEN WAS PRESENTED BY HENRY CHEYNE WRITER IN EDINBURGH AND IS RECORDED IN THE ONE THOUSAND TWO HUNDRED AND SIXTY SECOND BOOK OF THE NEW GENERAL REGISTER OF SASINE REVERSIONS CONFORM TO THE ACT OF PARLIAMENT MADE THERE ANENT IN JUNE 1617 AND WHEREOF THE TENOR FOLLOWS VIZ. IN THE NAME OF GOD AMEN BE IT KNOWN TO ALL MEN BY THE PRESENT PUBLIC INSTRUMENT THAT UPON THE NINTH DAY OF JANUARY IN THE YEAR OF OUR LORD EIGHTEEN HUNDRED AND TWENTY THREE AND OF THE REIGN OF OUR SOVEREIGN LORD GEORGE THE FOURTH BY THE GRACE OF GOD OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND KING DEFENDER OF THE FAITH THE THIRD YEAR IN THE PRESENCE OF ME NOTARY PUBLIC AND OF THE WITNESSES SUBSCRIBING AND UPON THE GROUND OF THE LANDS AFTER DESCRIBED RESPECTIVELY AND SUCCESSIVELY COMPEARED PERSONALLY GEORGE ROSS ASSISTANT GARDENER AT GEANIES AS PROCURATOR AND ATTORNEY FOR AND IN THE NAME OF COLONEL PATRICK BRUCE SOMETIMES OF THE SERVICE OF THE HONORABLE THE EAST INDIA COMPANY NOW RESIDING AT BATH WHOSE POWER OF ATTORNEY WAS SUFFICIENTLY KNOWN TO ME NOTARY PUBLIC AS ALSO COMPEARED WILLIAM SUTHERLAND GARDENER THERE BAILIE IN THAT PART SPECIALLY CONSTITUTED BY VIRTUE OF THE PRECEPTOF SASINE HEREIN AFTER INSERTED THE SAID PROCURATOR HAVING AND HOLDING IN HIS HANDS A DISPOSITION AND ASSIGNATION CONTAINING THE SAID PRECEPT OF SASINE DATED THE THIRD DAY OF DECEMBER EIGHTEEN HUNDRED AND TWENTY TWO AND GRANTED BY MRS KATHARINE SUTHERLAND OR MACKENZIE RELICT OF THE DECEASED COLONEL ROBERT MACKENZIE SOMETIME IN THE HONOURABLE THE EAST INDIA COMPANY SURVIVING TUTRIX AND CURATRIX OF ALEXANDER MACKENZIE THE ELDEST SON AND EXECUTOR NOMINATE AS WELL AS OF THE OTHER CHILDREN OF THE SAID COLONEL ROBERT MACKENZIE NARRATING THAT BY HERITABLE BOND MADE AND GRANTED BY DONALD MCLEOD OF GENIES ESQUIRE DATED THE TENTH DAY OF APRIL EIGHTEEN HUNDRED AND TWELVE THE SAID DONALD MACLEOD FOR THE CAUSE THEREIN SPECIFIED BOUND AND OBLIGED HIMSELF HIS HEIRS AND SUCCESSORS WHOMSOEVER TO CONTEND AND PAY TO HER THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AND GEORGE SACKVILLE SUTHERLAND ESQUIRE TACKSMAN OF RHIVES NOW DECEASED AND TO THE SURVIVOR OF THEM TWO AS ACCEPTING AND ACTING TUTORS AND CURATORS NOMINATED BY DISPOSITION DEED OF SETTLEMENT EXECUTED BY THE SAID COLONEL ROBERT MACKENZIE OF DATE THE TWENTY SIXTH DAY OF NOVEMBER EIGHTEEN HUNDRED AND TWO AND REGISTERED IN THE BOOKS OF SESSION OFFICE W.B. THE THIRTY FIRST DAY OF JULY EIGHTEEN HUNDRED AND NINE TO THE SAID ALEXANDER MACKENZIE HIS ELDEST SON AND GENERAL DISPONEE AND EXECUTOR OF HIS FATHER UNDER THE SAID DEED AND TO THE OTHER CHILDREN OF THE SAID COLONEL ROBERT MACKENZIE AND ADMINISTRATOR AS TUTOR OF THE SAID ALEXANDER MACKENZIE THE EXECUTOR TO AND UPON THE ESTATE AND EFFECTS OF THE SAID COLONEL ROBERT MACKENZIE FOR THE BEHOOF OF THEIR PUPILS AND TO THE ASSIGNEES OF THEM OR OF THE SURVIVOR OF THEM THE SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING WITH LEGAL INTEREST THEREOF FROM THE DAY OF THE DATE OF THE SAID BOND TO THE TERM OF PAYMENT THEREIN MENTIONED AND THAT AT AND AGAINST THE TERM OF MARTINMAS THEN NEXT WITH THE SUM OF NINE HUNDRED POUNDS STERLING OF LIQUIDATE PENALTY IN CASE OF FAILURE AND THE LEGAL ANNUAL RENT OF THE SAID PRINCIPAL SUM FROM AND AFTER THE TERM OF PAYMENT SO LONG AS THE SAME SHOULD REMAIN UNPAID AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS AND WITH TERMLY TAILZIES AS THEREIN PARTICULARLY SPECIFIED AND FOR THE FURTHER SECURITY OF THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AND GEORGE SACKVILLIE SUTHERLAND ESQUIRE NOW DECEASED AS TUTORS AND CURATORS FORE SAID AND THE SURVIVOR OF THEM AND THEIR MORE SURE PAYMENT OF THE AFORESAID SUMS OF MONEY PRINCIPAL ANNUAL RENT AND PENALTIES BEFORE SPECIFIED THE SAID DONALD MACLEOD BOUND AND OBLIGED HIM HIS HEIRS AND SUCCESSORS UPON HIS AND THEIR PROPER CHARGES AND EXPENSES DULY AND LAWFULLY TO INFEFT AND SEISE THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AND GEORGE SACKVILLE SUTHERLAND ESQUIRE NOW DECEASED AND THE SURVIVOR OF THEMSELVES AS TUTOR AND CURATOR FORE SAID AND THEIR FORE SAIDS FOR THE BEHOOF OF THE SAID PUPILS HERITABLY BUT UNDER REDEMPTION IN MANNER MENTIONED IN THE SAID HERITABLE BOND NOT ONLY IN ALL AND WHOLE AN ANNUAL RENT OF TWO HUNDRED AND TWENTY FIVE POUNDS STERLING OR SUCH ANNUAL RENT LESS OR MORE AS SHOULD BY LAW EFFECT AND CORRESPOND TO THE FORE SAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE TERMS AND IN MANNER FORE SAID DURING THE NOT REDEMPTION FURTH OF ALL AND WHOLE THE TOWN AND DAVACH LANDS OF EASTER GEANIES AND HALF DAVACH LANDS OF MID GENIES THEREIN AND HEREIN AFTER DESCRIBED TOGETHER WITH CERTAIN PARTS OF THE LANDS OF ARBOLL OR FORTH OF ANY PART OR PORTION OF THE SAID SEVERAL LANDS BUT ALSO IN ALL AND WHOLE THE SAID LANDS AND OTHERS THEMSELVES IN FURTHER SECURITY AND PAYMENT OF THE SAID SUMS OF MONEY PRINCIPAL ANNUAL RENTS AND LIQUIDATE EXPENCES AND THAT BY TWO SEVERAL INFEFTMENTS AND MANNERS OF HOLDING A SE VEL DE SE IN MANNER MENTIONED IN MANNER MENTIONED IN THE SAID HERITABLE BOND AS THE SAME CONTAINING PROCURATORY OF REGISTRATION PRECEPT OF SASINE CLAUSE OF ABSOLUTE WARRANDICE ASSIGNATION TO THE RENTS AND TITLE DEEDS AND CLAUSE OF REDEMPTION WITH OTHER USUAL AND NECESSARY CLAUSES IN ITSELF MORE FULLY BEARS BY VIRTUE OF WHICH HERITABLE BOND AND PRECEPT OF SASINE THEREIN CONTAINED IN THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AND GEORGE SACKVILLE SUTHERLAND ESQUIRE NOW DECEASED WERE DULY INFEFT AND SEISED IN THE SAID ANNUAL RENT AND ALSO IN THESAID LANDS AND OTHERS THEMSELVES IN SECURITY AS SAID IS CONFORM TO INSTRUMENT OF SASINE IN THEIR FAVOR DATED THE SIXTEENTH DAY OF APRIL AND RECORDED IN THE GENERAL REGISTER OF SASINES AT EDINBURGH THE FIFTENTH DAY OF MAY EIGHTEEN HUNDRED AND TWELVE AND THAT BY DEED OF RESTRICTION AND RENUNCIATION DATED AND RECORDED IN THE GENERAL REGISTER OF SASINES REVERSIONS AND AT EDINBURGH THE THIRTIETH DAY OF NOVEMBER LAST THE SAID MRS KATHERINE SUTHERLAND OR MACKENZIE BEING FULLY SATISFIED WITH THE SECURITY AFFORDED BY THE LANDS OF EASTER AND MID GENIES ABOVE MENTIONED AND HEREIN AFTER PARTICULARLY DESCRIBED FOR THE PAYMENT OF THE SAID PRINCIPAL SUM AND ANNUAL RENTS THEREOF PENALTIES AND TERMLY FAILURES SPECIFIED IN THE SAID BOND IF INCURRED AT THE REQUEST OF THE SAID DONALD MACLEOD ESQUIRE RENOUNCED ACQUITTED AND OVER GAVE TO AND IN FAVOUR OF THE SAID DONALD MACLEOD ESQUIRE AND HIS HEIRS AND SUCCESSORS IN THE AFORESAID LANDS THE REAL SECURITY CONSTITUTED BY THE INFEFTMENT ABOVE MENTIONED IN FAVOUR OF THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AND GEORGE SACKVILE SUTHERLAND ESQUIRE NOW DECEASED OVER ALL AND WHOLE THOSE PARTS AND PORTIONS OF THE LANDS OF ARBOLL THEREIN SPECIALLY MENTIONED AND SHE THEREBY SPECIALLY RESTRICTED THE SAID HERITABLE SECURITY TO THE REMAINING LANDS AND OTHERS CONTAINED IN THE SAID BOND AND INFEFTMENT AND HEREIN AFTER PARTICULARLY DESCRIBED TO WHICH EXTENT IT WAS THEREBY DECLARED THAT THE SAID BOND AND INFEFTEMENT SHOULD REMAIN IN FULL FORCE AND VIRTUE AS A COMPLETE AND EFFECTUAL SECURITY TO THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AS TUTORIX FORE SAID OF THE AFORESAID PRINCIPAL SUM ANNUAL RENTS DUE OR TO BECOME DUE THEREON AND PENALTIES AND TERMLY FAILURES CONTAINED THEREIN AS THE SAID DEED OF RESTRICTION AT MORE LENGTH BEARS AND THE SAID DISPOSITION AND ASSIGNATION SUB SUMS THAT THE SAID COLONEL PATRICK BRUCE HAD MADE PAYMENT TO HER THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AS TUTRIX FORE SAID OF THE SAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS AND INTEREST THEREOF FROM THE ELEVENTH DAY OF NOVEMBER THEN CURRENT THEREFOR THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AS SURVIVING AND CURATRIX FORE SAID ASSIGNED CONVEYED SOLD AND DISPONED TO AND IN FAVOUR OF THE SAID COLONEL PATRICK BRUCE HIS HEIRS AND ASSIGNEES WHOMSOEVER HERITABLY BUT REDEEMABLY ALWAYS AND UNDER REVERSION IN MANNER SPECIFIED IN THE SAID HERITABLE BOND NOT ONLY ALL AND WHOLE THE FORE SAID ANNUAL RENT OF TWO HUNDRED AND TWENTY FIVE POUNDS STERLING OR SUCH AN ANNUAL RENT LESS OR MORE AS BY LAW FOR THE TIME SHALL CORRESPOND TO THE SAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE TERMS SPECIFIED IN THE SAID HERITABLE BOND BY EQUAL PORTIONS BEGINNING THE FIRST UPLIFTING THEREOF AT THE TERM OF WHITSUNDAY THEN NEXT FOR THE HALF YEARS ANNUAL RENT THEN DUE FROM THE SAID TERM OF MARTINMAS OR ELEVENTH DAY OF NOVEMBER LAST AND THE NEXT UPLIFTING OF THE SAID ANNUAL RENT AT THE TERM OF MARTINMAS EIGHTEEN HUNDRED AND TWENTY THREE FOR THE HALF YEAR PRECEDING THAT TERM AND SO FORTH TERMLY AND PROPORTIONALLY THERE AFTER DURING THE NOT REDEMPTION FORTH OF ALL AND WHOLE THE TOWN AND DAVACH LANDS OF EASTER GENIES AND HALF DAVACH LANDS OF MID GEANIES WITH THE MANNER PLACE HOUSES BUILDINGS YARDS ORCHARDS MUIRS MARSHES WAYS WATERS LOCHS BURNS PASTURES MILL MILLTURES AND THEIR SEQUELS HAWKINGS, HUNTINGS, FISHINGS, HARBOURS, CUNNYS, CUNNING ARDS, DOVES DOVECOTS COALS HEUGHS, SMIDDIES, KILNS BREWERIES WHINS, WOODS FORESTS TWIGS TIMBER QUARIES AS WELL STONE AS LIME WITH COURTS AND THERE MOLUMENTS HERE ZELDS BLOOD WITS FINES WITH COMMON PASTURE AND FREE HAND ENTRY AND WITH ALL AND SUNDRY OTHER LIBERTIES PROFITS IMUNITIES AND THEIR JUST PERTINENTS WHATSOEVER AS WELL NOT NAMED AS NAMED LYING IN THE PARISH OF TARBAT AND SHERIFF DOM OF ROSS AS THE SAID LANDS ARE DESCRIBED INA CHARTER OF RESIGNATION UNDER THE GREAT SEAL IN FAVOUR OF THE SAID DONALD MCLEOD ESQUIRE DATED THIRD AND WRITTEN TO THE GREAT SEAL REGISTERED AND SEALED THE NINETEEENTH DAYS OF MARCH EIGHTEEN HUNDRED AND TWELVE BY WHICH CHARTERS IT IS DECLARED THAT ONE SASINE TO BE TAKEN BY HIM AND HIS HEIRS AND SUCCESSORS AT THE MANNER PLACE OF EASTER GEANIES OR UPON ANY PART OF THE GROUNDS OFTHE SAID LANDS THEN AND IN ALL TIME COMING BY DELIVERY OF EARTH AND STONE OF THE GROUND THEREOF ONLY WITHOUT ANY OTHER SYMBOLS SHALL BE AND AS VALID AND SUFFICIENT FOR ALL AND WHOLE THE SAID LANDS AND OTHERS AS IF PARTICULAR SASINES WERE TAKEN ON EACH PART OR PORTION OF THE SAME BY DELIVERY OF ALL THE USUAL SYMBOLS OR FORTH OF ANY PART OR PORTION OF THE LANDS AND HERITAGES ABOVE SPECIFIED FIRST AND NEADIEST RENTS MAILS FARMS PROFITS AND DUTIES OF THE SAME BUT ALSO ALL AND WHOLE THE SAID LANDS AND OTHER HERITAGES BEFORE SPECIFIED WITH THE PERTINENTS THEMSELVES AND THAT IN REAL SECURITY TOTHE SAID COLONEL PATRICK BRUCE AND HIS FORE SAIDS OF THE FORE SAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS ANNUAL RENT THEREOF AND PENALTY AND TERMLY FAILURES STIPULATED BY THE SAID BOND TOGETHER WITH ALL RIGHT TITLE AND INTEREST WHICH SHE THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AS TUTORIX FORE SAID HAD OR COULD PRETEND THERETO IN TIME COMING IN WHICH ANNUAL RENT AND LANDS AND OTHERS ABOVE MENTIONED THEMSELVES IN SECURITY AS AFORESAID THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AS TUTRIX FORE SAID BOUND AND OBLIGED HERSELF AND HER AFORESAID DUTY AND LAWFULLY TO INFEFT AND SEISE THE SAID COLONEL PATRICK BRUCE AND HIS FORE SAIDS AND THAT BY TWO SEVERAL INFEFTMENTS AND MANNERS OF HOLDING A SE VEL DE SE BUT REDEEMABLE ALWAYS IN MANNER MENTIONED IN THE SAID DISPOSITION AND ASSIGNATION AS THE SAME CONTAINING PROCURATORY OF RESIGNATION CLAUSES OF WARRANDICE ASSIGNATION TO THE WRITS AND TITLE DEEDS AND TO THE RENTS OF THE SAID LANDS THE PRECEPT OF SASINE AFTER INSERTED AND OTHER CLAUSES IN ITSELF MORE FULLY BEARS WHICH DISPOSITION AND ASSIGNATION THE SAID PROCURATOR EXHIBITED AND PRODUCED TO THE SAID BAILLIE DESIRING AND REQUIRING HIM TO PROCEED TO THE EXECUTION OF THE OFFICE OF BAILIARY THERE BY COMMITTED TO HIM WHICH DESIRE THE SAID BAILLIE FINDING TO BE REASONABLE HE RECEIVED THE SAID DISPOSITION AND ASSIGNATION INTO HIS HANDS AND DELIVERED THE SAME TO ME NOTARY PUBLIC TO BE READ AND PUBLISHED TO THE WITNESSES AND OTHERS PRESENT WHICH I DID AND OF WHICH PRECEPT WHICH I DID AND OF WHICH PRECEPT OF SASINE THE TENOR FOLLOWS AND FURTHER I THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE HEREBY DESIRE AND REQUIRE YOU AND EACH OF YOU MY BAILLIES IN THAT PART HEREBY SPECIALLY CONSTITUTED TO THE EFFECT AFTER WRITTEN THAT UPON RIGHT HEREOF YE PASS TO THE MANOR PLACE OFE EASTER GEANIES OR TO ANY OTHER PART OF THE GROUND OF THE SAID LANDS OF EASTER AND MID GEANIES DESCRIBED IN THE CHARTER FIRST BEFORE MENTIONED AND THERE IN TERMS OF THE DISPENSATION CLAUSE CONTAINED IN THE SAID CHARTER GIVE AND DELIVER HERITABLE STATE AND SASINE WITH ACTUAL REAL AND CORPORAL POSSESSION TO THE SAID COLONEL PATRICK BRUCE AND HIS FORE SAIDS NOT ONLY OF ALL AND WHOLE THE FORE SAID ANNUAL RENT OF TWO HUNDRED AND TWENTY FIVE POUNDS STERLING OR SUCH OTHER ANNUAL RENT LESS OR MORE AS SHALL OFFER AND CORRESPOND BY LAW FOR THE TIME TO THE AFORESAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE SAID TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS BEGINNING THE FIRST UPLIFTING THEREOF AT THE TERM OF WHITSUNDAY NEXT FOR THE HALF YEAR THEN DUE AND THE NEXT UPLIFTING OF THE SAID ANNUAL RENT AT THE TERM OF MARTINMAS EIGHTEEN HUNDRED AND TWENTY THREE AND SO ON THEREAFTER AT THE TERMS ABOVE MENTIONED DURING NOT REDEMPTION FURTH OF ALL AND WHOLE THE LANDS OF EASTER AND MID GEANIES MILLS FISHING AND OTHER HERITAGES ABOVE DISPONED AND HEREIN HELD AS REPEATED BREVITATIS CAUSA OR FURTH OF ANY PART OR PORTION THEREOF READIEST MAILS FARMS PROFITS AND DUTIES OF THE SAME BUT ALSO OF ALL AND WHOLE THE SAID LANDS MILLS AND FISHING AND OTHER HERITAGES AS AFORESAID THEMSELVES WITH THE PERTINENT SIN REAL SECURITY TO THE SAID COLONEL PATRICK BRUCE AND HIS FORE SAIDS OF THE AFORESAID SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS ANNUAL RENTS THEREOF LIQUIDATE PENALTY AND TERMLY FAILURES BEFORE SPECIFIED IF INCURRED AND THAT BY DELIVERY TO HIM OR THEM OR TO HIS OR THEIR CERTAIN ATTORNEY OR ATTORNIES IN THEIR NAMES BEARERS HEREOF OF EARTH AND STONE OF AND APON THE GROUND OF ANY PART OR PORTION IN THEIR NAMES BEARERS HEREOF OF EARTH AND STONE OF AND UPON THE GROUND OF ANY PART OR PORTION OF THE SAID LANDS OFE EASTER AND MID GEANIES FOR AND IN LIEU OF ALL OTHER SYMBOLS IN TERMS AND IN VIRTUE OF THE DISPENSATION CLAUSE CONTAINED IN THE CHARTER OF THESE LANDS ABOVE MENTIONED AND A PENNY MONEY FOR THE SAID ANNUAL RENT TO BEHOLDEN IN MANNER BEFORE MENTIONED DECLARING ALWAYS THAT THE SAID INFEFTMENT OF ANNUAL RENT AND THE OTHER INFEFTMENT OF PROPERTY IN SECURITY AND ARE AND SHALL BE CONSISTENT AND MAY BE USED JOINTLY OR SEPARATELY BY THE SAID COLONEL PATRICK BRUCE OR HIS FORE SAIDS AT PLEASURE BUT REDEAMABLY ALWAYS AND UNDER REVERSION IN TERMS OF AND CONFORM TO THE CLAUSE OF REVERSION CONTAINED IN THE FORE SAID HERITABLE BOND AND THESE THINGS IN NO WAYS YE LEAVE UNDONE FOR DOING WHER OF II COMMIT TO YOU AND EACH OF YOU AS SAID IS MY FULL POWER BY THIS MY PRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECT IN WITNESS WHEREOF I HAVE SUBSCRIBED THESE PRESENTS WRITTEN APON THIS AND THE TEN PRECEDING PAGES OF DULY STAMPED PAPER BY GORDON CLUNES REID CLERK TO THE SAID JOSEPH GORDON WRITER TO THE SIGNET AT EDINBURGH THE THIRD DAY OF DECEMBER EIGHTEEN HUNDRED AND TWENTY TWO BEFORE THESE WITNESSES ALEXANDER STUART WRITER IN EDINBURGH AND HENRY CHEYNE APPRENTICE TO THE SAID JOSEPH GORDON WRITER TO THE SIGNET SIGNED KATHARINE MACKENZIE ALEX STUART WITNESS HENRY CHEYNE WITNESS AFTER READING AND PUBLISHING OF WHICH DISPOSITION AND ASSIGNATION AND PRECEPT OF SASINE THEREIN CONTAINED AND ABOVE INSERTED THE SAID BAILIE BY VIRTUE THEREOF AND OF THE OFFICE OF BAILLIARY THEREBY COMMITTED TO HIM GAVE AND DELIVERED TO THE SAID COLONEL PATRICK BRUCE HERITABLE STATE AND SASINE REAL ACTUAL AND CORPORAL POSSESSION NOT ONLY OF ALL AND WHOLE THE FORE SAID ANNUAL RENT OF TWO HUNDRED AND TWENTY FIVE POUNDS STERLING OR SUCH ANNUAL RENT LESS OR MORE AS SHALL BY LAW FOR THE TIME OFFER AND CORRESPOND TO THE FORE SAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE FORE SAID TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS DURING THE NOT REDEMPTION FORTH OF ALL AND WHOLE THE LANDS OF EASTER AND MID GEANIES AND OTHER HERITAGES BEFORE MENTIONED AND SPECIFIED IN THE DISPOSITION CLAUSE OF THE SAID DISPOSITION AND ASSIGNATION OR FORTH OF ANY PART OR PORTION OF THE SAME READIEST MAILS FARMS PROFITS AND DUTIES OF THE SAME BUT ALSO OF ALL AND WHOLE THE SAID LANDS AND OTHER HERITAGES AS AFORESAID THEMSELVES WITH THE PERTINENTS IN REAL SECURITY TO THE SAID COLONEL PATRICK BRUCE AND HIS FORE SAIDS OF THE AFORESAID MENTIONED SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING RENTS THEREOF DUE AND TO BECOME DUE LIQUIDATE PENALTY AND TERMLY TAILZIES BEFORE SPECIFIED IF INCURRED AND THAT BY DELIVERANCE TO THE SAID PROCURATOR OF EARTH AND STONE OF THE GROUND OF THE SAID LANDS A PENNY MONEY FOR THE SAID ANNUAL RENT AT THE MANOR PLACE OF EASTER GEANIES AND THAT FOR ALL OTHER SYMBOLS USUAL BY VIRTUE OF THE CLAUSE OF DISPENSATION CONTAINED IN THE CHARTER ABOVE MENTIONED TO BE HOLDEN AS AFORESAID BUT REDEEMABLE ALWAYS AND UNDER REVERSION IN TERMS OF AND CONFORM TO THE CLAUSE OF REVERSION CONTAINED IN THE AFORESAID HERITABLE BOND AND UNDER THE DECLARATION CONTAINED IN THE FORE SAID PRECEPT OF SASINE WHERE APON AND UPON ALL AND SUNDRY THE PREMISES THE SAID PROCURATOR ASKED AND TOOK INSTRUMENT IN THE HANDS OF ME NOTARY PUBLIC THESE THINGS WERE SO DONE UPON THE GROUND OF THE SAID LANDS AND OTHERS BETWEEN THE HOURS OF TEN AND ELEVEN O CLOCK FORENOON OF THE DAY OF THE MONTH IN THE YEAR OF GOD AND OF THE KINGS REIGN RESPECTIVELY FIRST ABOVE WRITTEN BEFORE AND IN PRESENCE OF DONALD ROSS HOUSE SERVANT AT GEANIES AND JOHN PATERSON FOOTMAN WITNESSED TO THE PREMISES SPECIALLY CALLED AND REQUIRED AND HERETO WITH ME SUBSCRIBING SIC SUBSCRIBITUR ET EGO VERO JOSEPH GORDON CLERK EDINBURGH GEANIES DIOCEASE NOTARY PUBLIC







GD305.1.128.17 IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDED BETWIXT THE PARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THE ONE PART AND MISS KATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OF THE DECEAST COLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE AND CONSENT OF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMAN ON THE OTHER PART IN MANNER FOLLOWING THAT IS TO SAY THE SAID COLL ROBERT MACKENZIE AND MISS KATHERINE SUTHERLAND HAVING CONCURRED A MUTUAL LOVE AND AFFECTION FOR ONE ANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OF EACH OTHER FOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGE THEM TO SOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALL CONCONCIENT SPEED IN CONTEMPLATION OF WHICH MARRIAGE THE SAID COLL ROBERT MCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRS EXECUTERS AND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISS KATHERINE SUTHERLAND IN THE EVENTS OF HER SURVIVING HIM AND INDEPENDENT OF THE ADDITION THERETO IN THE EVENT HEREIN AFTER MENTIONED ALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDRED POUNDS STERLING AND THAT AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUALL PORTIONS BEGINNING THE FIRST TERMS PAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ON MARTINMAS AFTER HIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ON HALF YEARLY DURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PART MORE OF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASE OF HAILLE AND THE DUE AND ORDINARY ANNUAL RENT THEREOF THEREAFTER DURING THE NOT PAYMENT AND FURTHER THE SAID COLL.ROBERT BINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OF ONE CHILD MALE OR FEMALE BEING PROCREATED OF THIS MARRIAGE BETWIXT HIM AND THE SAID MISS KATHERINE SUTHERLAND TO CONTEND AND PAY TO SUCH CHILD THE SUM OF THREE THOUSANT POUNDS STERLING TWO CHILDREN MALE OR FEMALE THE SUM OF TWO THOUSANT POUNDS STERLING EACH AND IF THREE OR MORE CHILDREN THE SUM OF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TO RECEIVE OF THAT SUM OF THREE THOUSAND POUNDS STERLING AND THE REMAINING THREE THOUSAND POUNDS STERLING TO BE DIVIDED AMONGST THE YOUNGER CHILDREN IN SUCH PROPORTIONS AS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAY THINK PROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT AND AGAINST THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HIS DECEASE WITH A FIFTH PART MORE OF EACH CHILD PROVISION OF LIQUIDATE PENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARY ANNUAL RENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUT DECLARING THAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIES PREDECEASING THE SAID MISS KATHERINE SUTHERLAND AND THAT THE DISSOLUTION THE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERE SHOULD BE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIME THEM THAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HER IN AND SHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBY EMPOWERED TO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIX THOUSANT POUNDS STERLING PROVIDED TO THE CHILDREN OF THE MARRIAGE IN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT IN THE EVENT OF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIE BEFORE THE SAID MISS KATHERINE SUTHERLAND AND THAT THERE SHOULD BE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING AT THE TIME AND THAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FOR ANSWERING THE SEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONED AND PAYING THE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TO THE SAID KATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALL IN THE MEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILL THE DECEASED OF THE SAID MISS KATHERINE SUTHERLAND AND THAT IN EVERY EVENT THE SUM OF FOUR THOUSAND POUNDS STERLING SHALL REMAIN CLEAR AND UNTOUCHED FOR ANSWERING THE SAID ANNUITY DURING ALL THE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITY OF THE SAID MISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAID EVENTUALL ANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OF THE MARRIAGE BEFORE MENTION THE SAID COLL. ROBERT MCKINZIE ASSIGNS AND CONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITY AFTER MENTIONED WITH THE SECURITIES THEREFORE AS WILL COMPLETELY SATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVEN THOUSANT EIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME IN THE EIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIES BY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OF MAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREE AND THE LAST DATED THE FIRST DAY OF NOVEMBER ONE THOUSANT EIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNT CURRENT BETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HIS AGENTS AT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUM OF TWENTY THOUSANT DIVA RUPEES VESTED BY HIM IN THE SAID GOVERNMENT SECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIAL LOAN OBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONE THOUSAND SEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TO THE AMOUNT OF EIGHT THOUSANT ONE HUNDRED AND FORTY ONE POUNDS VESTED BY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OF GREAT BRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMAS COUTTS AND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNT CURRENT WITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAY LAST AND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THIS DATE AS RELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THE SUM OF SIX HUNDRED POUNDS STERLING VESTED IN THE SAID FUNDS SINCE THAT PERIOD WITH POWER TO THE SAID MISS KATHERINE SUTHERLAND IN THE EVENT OF HER SURVIVING THE SAID AFFIDATE SPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THE SAID YEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANT THEREFORE AND GENERALLY EVERY OTHERTHING THEREANENT TO DO THAT HE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IF SHE SHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERT MCKINZIE BINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVEST THE SAID SUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISH FUNDS IN HER NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAY OUT THE SAME OR HERITABLE SECURITY AND TO TAKE THE SECURITY THEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THE DAYS OF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGE IN THEEVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR IN PART AS CIRCUMSTANCES MAY BE THEIR SAID PROVISION DECLARING ALSO THAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGE SHALL DURING THE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATED SUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HIS DECEASE PREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITY THAT THEIR SAID MOTHER SHALL BE THEIR TUTORS AND CURATORS AND SHALL UPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THE MONEYS BEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THE AGE OF FIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY AT MARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION AND MAINTAINANCE AND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THE EVENT OF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIM ASSIGNS CONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEES AS HER OWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLD FURNITURE AND PLENISHING OF EVERY DENOMINATION BED AND TABLE LINEN ------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERY ARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHING THAT SHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNION BETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSING WITH THE GENERALITY HEREOF AND ADMITTING THE SAME TO BE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERY ARTICLE THEN BELONGING TO HIM WERE HEREIN PARTICULARY INSERTED MOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBY RENOUNCES AND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORS ANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OR OTHERWAYS TO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGING TO THE SAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAY HEREAFTER HAVE RIGHT ANY MANNER OF WAY AND PARTICULARY WITHOUT PREDUDICE TO THE GENERALITY FORESAID TO A BOND FOR FIVE HUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWEN BAILLIE OF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OF PROVISION MADE IN HER FAVOUR BY HEIRS AND DECEASED FATHER DECLARING THE SAME HER OWN PROPERTY AND AS HER DISPOSAL IN ANY MANNER SHE MAY THINK PROPER WITHOUT HIS CONCENT ARE APPROBATION AND FURTHER THE SAID COLL.ROBERT MCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIM HIS HEIRS AND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEES WHOMSOEVER UNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEU DUTY PAYABLE OUT THEREOF HERITABLE AND IRREDEEMABLE ALL AND HAILLE THAT HOUSE LYING IN THE VILLAGE OF NEW TARBET CALLED MILMOUNT CALLED MILLMOUNT WICH THE GARDEN BACK CLOSE AND WHOLE PARTS PENDICLES AND PERTINENTS THERETO BELONGING BOUNDED ON THE WEST BY THE HIGH ROAD LEADING THROUGH MILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THE SAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIR AND COUNTY OF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHT OF PROPERTY AND POSSESSION WHICH HE CAN CLAIM OR PRETEND THERETO ANY MANNER OF WAY IN WHICH HOUSE WITH THE GARDEN AND PERTINENTS BEFORE MENTIONED THE SAID COLL.ROBERT MCKINZIE BIND AND OBLIGES HIM HIS HEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE HERITABLE AND IRREDEEMABLE AND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THE ONE WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THE SAID INFEFTMENT BY RESIGNATION HEREBY MAKES AND CONSTITUTES AND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED ---- AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVING GRANTING AND COMMITTING TO THEM FULL POWER WARRANT AND COMMISSION FOR HIM AND IN HIS NAME TO COMPEAR HEREFOR HIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTS OR THEIR COMMISSIONERS HAVING POWER TO RECEIVE RESIGNATIONS AND TO GRANT NEW INFEFTEMENTS THEREON AND THAT UPON THE GROUND THEREOF AT ANY TIME LAWFULL AND CONVENIENT AND THEM AND THERE WITH ALL DUE REVERENCE AND HUMILITY AS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON AS USE IS TO RESIGN AND SURRENDER LIKE AS THE SAID COLL. ROBERT MCKINZIE HEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVER GIVES AND DELIVERS ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS CALLED MILLMOUNT LYING IN THE SAID VILLAGE OF MILMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS AFORESAID AS DESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSA OR AS THE SAME ARE MORE PARTICULARY BOUNDED AND DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HIS IMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR AND FOR NEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN AND GRANTED TO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE IN SUCH DUE AND COMPETENT FORM AS OFFERS ALL INSTRUMENTS AND DOCUMENTS THEREAPON TO TAKE AND GENERALLY EVERY OTHERTHING THEREANNENT TO DO WHICH HE COULD DO HIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBY PROMISES TO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICH DISPOSITION AND SUBJECTS THEREBY CONVEYED THE SAID COLL. ROBERT MCKINZIE BINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TO WARRANT TO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE AND HER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY AS LAW WILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISS KATHERINE SUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS AND ASSIGNEES NOT ONLY IN AND TO THE RENTS MAILLS AND DUTIES THEREOF IN TIME COMING BUT ALSO IN AND TO THE TITLES WRITS AND EVIDENTS THEREOF CONCEIVED INFAVOUR OF HIM HIS PREDECESSORS OR AUTHORS AND WHICH ASSIGNATION ABOVE WRITEN HE HEREBY BINDS AND OBLIGES HIM AND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FAR AS CONCERNS THE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALL DEADLY AS LAW WILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS AND DUTIES FROM HIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT IS HEREBY AGREED UPON BETWIX THE PARTIES THAT EXECUTION SHALL PASS HEREON AT THE INSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLE SUTHERLAND ROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENT AND COLL. ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE OR MORE OF THEM OR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIE FOR IMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAID MISS KATHERINE SUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THE PROVISION AND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIR FAVOUR AND DECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE ------- YEARS AND DAY FROM THE SOLEMNIZATION THEREOF WITHOUT A LIVING CHILD BEING HEARD BUT YET THIS PRESENT CONTRACT SHALL SUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THE SAID MISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TO THE CONTRARY NOTWITHSTANDING AND THEY CONSENT TO THE RESIGNATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND IF NEED BE THAT ALL EXECUTION NECESSARY MAY PASS AND BE DIRECT HEREIN AS OFFERS AND THERETO THEY CONSTITUTE THEIR PROCULATORS AND COMMISSIONERS ALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLAND MAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN AND PERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBY DESIRES AND REQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HIS BAILLIES IN THAT PART HEREBY SPEEDILY CONSTITUTE THESE PRESENTS -------- PASS TO THE SAID SUBJECTS AND THERE GIVE AND DELIVER TO THE SAID MISS KATHERINE SUTHERLAND HERITABLE STATE AND SASINE REAL AND ACTUALL AND CORPOREAL POSSESSION OF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS BEFORE DESCRIBED OR AS THE SAME ARE MORE PARTICULARY DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELD AS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THE SAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLES AND PERTINENTS THERETO BELONGING AND THAT BY DELIVERING TO THE SAID MISS KATHERINE SUTHERLAND OR HER ATTORNEYOR ATTORNEYS WHOM NAME BEARER HEREOF SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDER THE BURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THIS IN NOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL. ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOU CONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THIS HIS PRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECT IN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBED THESE PRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOF WROTE UPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULY STAMPED WORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OF ROSS BRAILANGWELL THE FIFETEENTH DAY OF AUGUST 1801 YEARS BEFORE THESE WITNESSES THE SAID COLL.ALEXANDER BAILLIE OF KNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THE SAID THOMAS SUTER WRITER HEREOF. ROBERT MCKINZIE KATHARINE SUTHERLAND GEORGE SACKVILLE SUTHERLAND ALEXANDER BAILLIE WITNESS ALEXANDER BAILLIE HIS SON WITNESS THOMAS SUTER WITNESS.






NIGG PARISH CONCERNING ALEX MACKENZIE OF TARBAT SISTER MARGARET SUTHERLAND THEREIN AT THE NIGG PARISH THE MARRIAGE AT BAYFIELD NIGG TO THE REVEREND HENRY JAMES HUGHES FELLOW OF MAGDALEN COLLEGE OXFORD SECOND DAUGHTER OF THE LATE COLONEL ROBERT MACKENZIE OF MILLMOUNT MARRIED 5TH AUGUST 1835 BAYFIELD A PLACE NAME KNOWN AS KINDEACE WHICH WAS KNOWN EARLIER AS ANKERVILLE. IT WAS IN THE PRESBYTERY OF TAIN AT THAT TIME ALSO INCLUDED THE ENTIRE DISTRICT OF EASTER ROSS AND CONSISTS OF NINE QUOAD OMNIA PARISHES NAMELY, KINCARDINE, NIGG, TARBAT, FEARN, TAIN, KILMUIR-EASTER, LOGGIE-EASTER, ROSSKEEN AND EDDERTON. NIGG PARISH CHURCH DEDICATED TO ST FIACRE BUILT IN 1626, RENOVATED IN 1725 AND ENLARGED IN 1786, ALTERATIONS TOOK PLACE IN 1864, THIS CHURCH REPLACED A CHURCH THAT STOOD IN THE SAME SITE IN 1255/6 REFERENCE IN HR 361/4 NIGG ECCLESIASTICAL REPORT ON NIGG 1878. A DISPOSITION 2 MARCH 1667 OBTAINED FROM SIR GEORGE MACKENZIE OF TARBAT THE TOWNS LANDS OF MEIKLE KINDEACE IN THE NIGG PARISH TO DAVID MCCULLOCH BROTHER OF JAMES MCCULLOCH OF KINDEIS MALCOLM ROSS AND DAVID MCCULLOCH HAD A WADSET CONTRACT AND DAVID ROSS 2ND OF PITCALNIE WAS GRANDSON OF ALEXANDER ROSS 9TH OF BALNAGOWN AND MALCOLM ROSS WAS 1ST OF KINDEACE 3RD SON OF DAVID ROSS. A WILLIAM ROSS YOUNGER OF KINDEACE WAS SLAIN BETWEEN INVERGORDON AND DELNY AFTER A COMPANY OF MEN MET AT A HOUSE OFJOHN BAYNE OF DELNY HAD DRUNK AND EATEN THERE THAT IN 1688 HE WAS A WITNESS IN THE CASE AND IS REPORTED THAT LORD DUFFUS KILLED WILLIAM ROSS YOUNGER OF KINDEACE. LORD DUFFUS, HIS DEBTOR, WHO HAD BEEN ASKED FOR PAYMENT, AS THEY WERE WALKING TOGETHER BETWEEN BALNAGOWN AND THE FERRY OF INVERBREAKIE, LORD DUFFUS FELL ON HIM AND RAN HIM THROUGH WITH HIS SWORD; HE FLED TO ENGLAND, AND REMAINED THERE UNTIL HIS FRIENDS PURCHASED A REMISSION FROM THE CROWN (KITIDEACE PAPERS). HE WAS SON-IN-LAW TO LADY SEAFORTH, WHO, WRITING TO HIM FROM CHANONRY, (FORTROSE), 8TH APRIL 1688, SAID, MANY A MAN HAS FALLEN IN SUCH AN ACCIDENT WORSE THAN YOUR CIRCUMSTANCES WAS, YET HAS BEEN AT PEACE WITH GOD AND ALL THE WORLD, AND LIVED VERY HAPPILY FOR ALL THAT (SOC. LIFE IN FORM. DAYS, DUNBAR, VOL. I. P. 105). WILLIAM ROSS LEFT DAVID ROSS HEIR TO HIS GRANDFATHER. WILLIAM ROSS BROTHER TO DAVID ROSS (SASINE 4TH MAY 1 706). THIS ESTATE IN 1721 WAS PURCHASED BY A WEALTHY MAGNATE MERCHANT KNOWN AS ALEXANDER ROSS, ALEXANDER ROSS 1ST OF ANKERVILLE, WAS IN THE SERVICE OF AUGUSTUS, KING OF POLAND, AND BEING THE ONLY PERSON WHO COULD BEAR MORE LIQUOR THAN HIS MAJESTY, GOT TO BE A COMMISSARY, CAME AWAY WITH THE PLUNDER OF CHURCHES IN THE WAR ABOUT THE CROWN OF POLAND, PURCHASED THIS ESTATE (POCOCK'S TOUR THROUGH SCOTLAND, LETTER XXXIV.) ON RETURNING FROM CRACOW, POLAND, AND HE WAS ALSO A BURGESS, HIS ADDITIONAL NAME WAS POLANDER ROSS, A NAME REFLECTING HIS TRADING PARTNERS WITH THE BALTIC REGION IN POLAND THAT SOME OF HIS CONNECTIONS WENT ON TO ESTABLISH DYNASTIES OF POLISH CITIZENS WHO LOST COMMUNICATION WITH THEIR DISTANT HIGHLAND ROOTS. A JAMES HUNTER WROTE OF A PERSON KNOWN AS WANDA MACHLEJD WHO SURVIVED THE WARSAW UPRISING IN 1944 AND WHOSE MACLEOD ANCESTORS LEFT ISLAND OF SKYE (ADAM HUNTER SURGEON EDINBURGH HAD 2 UNGATES OF LAND EXTENDING TO 8 MERKS TROTTERNISH ISLAND OF SKYE ONCE BELONGING TO MCNEIL OF BARRA PART OF THE ESTATE OF MACDONALD DR ADAM HUNTER CERTIFICATE FOR THE COMMITAL OF SIR JAMES SUTHERLAND MACKENZIE BROTHER OF ALEXANDER MACKENZIE BARONET OF TARBAT. JAMES OCHONCAR FORBES 18TH LORD FORBES BORN 7 MAR 1765 MARRRIED 2 JUN 1792 ELIZABETH HUNTER B. 9 MAY 1775 D. 1 OCT 1830 1ST DAUGHTER OF WALTER HUNTER OF POLMOOD AND CRAILING, BY HIS WIFE LADY CAROLINE MACKENZIE, 4TH DAUGHTER ANDCOHIERESS. OF GEORGE MACKENZIE THIRD EARL CROMARTIE AND ISABEL GORDON. DAUGHTER CAROLINE HUNTER D.25.4.1824. . MR ALEXANDER HUNTER DIED AT EDINBURGH 22D JANUARY 1786 AND WAS SUCCEEDED BY HIS NEPHEW WALTER HUNTER ESQ OF POLMOOD AND CRAILING WHOSE DANGHTER ELIZABETH THE WIFE OF THE EIGHTEENTH LORD FORBES CAME INTO POSSESSION OF POLMOOD). IN 1620 WENT TO FIGHT AS A MERCENARY IN THE THIRTY YEARS WAR HIGHLAND SOLDIERS WERE IN DEMAND IN THE 17TH CENTURY THERE EXISTS DOCUMENTED REPORTS OF SOLDIERS OF MACKAY’S REGIMENT AT STETTIN IN POLAND WHERE THEY SAILED FROM CROMARTY IN 1626. IN 1751WILLIAM ROBERTSON MERCHANT AND BURGESS POSSESSED THE ESTATE OF OLD INCHFURE IN KILMUIR THE SEAT INCHFURE IN THE PARISH CHURCH OF KILMUIR-EASTER RENAMING IT KINDEACE AFTER THEIR NIGG PROPERTY AND AT THAT TIME IT CONSISTED THE TOWN AND LANDS OF STRATHNORY AND KEANRIVE LYING WITHIN THE PARISH OF KILMUIR-EASTER INCLUDING ST MARYS PARISH CHURCH AND OTHER ESTATES IN THE AREA. IN 1788 THEY WERE PURCHASED BY JOHN MACKENZIE A NAVY COMMANDER WHO CHANGED THE NAME TO BAYFIELD. CHAPELHILL 1738 A SECESSION CHURCH AND CONGREGATION WERE FORMED INTO A SOCIETY KNOWN AS THE ‘SOCIETY OF ROSS’ THE SECEDERS ATTENDING THE MINISTRY OF REVERENT PORTEOUS OF KILMUIR 1758. PAPER, ENDORSED WRIT OF ATTOLERANCE TO REVEREND PATRICK BUCHANNAN 1765-99 SECESSION MINISTER AND HIS PEOPLE OF INVERCHASLY DAVID ROSS OF INVERCHASLY, WITH WILLIAM GAIR A TENNANT IN BALCHRAGGAN OF ANKERVILLE HAS GRANTED AN ATTOLERANCE TO THE ELDERS AND OTHER PEOPLE IN THE PARISH OF NIGG WHO HAVE SEPERATED THEMSELVES FROM CROWN PATRONAGE AND PATRICK GRANT MINISTER FROM DUTHIL FROM THE ESTABLISHED CHURCH ADMITTED MINISTER OF NIGG ON 27TH JULY 1756 AND DIED 19TH JANUARY 1788 AND SUCCEEDED BY A MINISTER FROM THE GAELIC CHAPEL OF CROMARTY ADMITTED NIGG 22ND OCTOBER 1788 AND SUCCEEDED BY LEWIS ROSE ADMITTED MINISTER OF NIGG 24TH SEPTEMBER 1818. PATRICK BUCHANNAN THE LEGAL SETTLED MINISTER OF NIGG TO BUILD A MEETING HOUSE FOR WORSHIP AND A HOUSE TO RODERICK MACKENZIE THEIR MINISTER UPON THE BOUNDS OF THE SAID LANDS OF BALCHRAGAN MR WILLIAM GAIR'S RECEIVED A TACK FROM DAVID ROSS OTHERWISE KNOWN AS LORD ANKERVILLE AND SUBSCRIBED BY LORD ANKERVILLE AT ANKERVILLE THE 2ND DAY OF NOVEMBER 1758 DAVID ROSS 2ND OF INVERCHASSLEY. DAVID ROSS YOUNGER OF INVERCHASLY ADVOCATE, FIAR OF THE LANDS OF ANKERVILLE, DO HEREBY HOMOLOGATE THE ABOVE ATTOLERANCE TILL THE EXPIRATION OF THE ABOVE TACK IN WITNESS WHEREOF I HAVE SUBSCRIBED THESE PRESENTS WRITTEN BY ROBERT DONALDSON, DUNSKEATHNESS, AT TARLOGIE THE 29TH DAY OF APRIL 1761 BEFORE THESE WITNESSES MR DONALD ROSS MINISTER AT FEARN AND ROBERT DONALDSON DAVID ROSS 3RD OF INVERCHASSLEY, AFTERWARDS LORD ANKERVILLE. MR GRANT WAS PRESENTED, BUT VERY STRONG OBJECTIONS WERE URGED, AND THE PRESBYTERY WOULD NOT TAKE ANY STEPS TO INDUCT HIM TILL COMPELLED BY AN ORDINANCE OF THE GENERAL ASSEMBLY, WHO HAD DECIDED THAT ENOUGH HAD NOT BEEN PROVED AGAINST HIM TO PREVENT IT. THE PEOPLE THEN LEFT ALMOST IN A BODY, AND FORMED A SECESSION CHURCH UNDER THE GENERAL ASSOCIATE PRESBYTERY OF PERTH TO ORGANIZE A MEETING PLACE FOR WORSHIP AND IN 1763/4 AT ANKERVILLE A PLACE OF WORSHIP WAS ESTABLISHED KNOWN AS GENERAL ASSOCIATE ANTIBURGHER CHURCH UNDER PATRICK BUCHANNAN OF PERTH, HERITORS FROM THE ESTABLISHED CHURCH INCLUDING DAVID ROSS WERE INSTUMENTAL IN BRINGING DOWN THE SCHISMATIC PLACE OF WORSHIP ON THE EXPIRY OF GAIR'S TACK AT THE END OF THE CENTURY, THE LAIRD, BEING FREE FROM THE ABOVE WRIT, CLAIMED SITE AND BUILDING, AND TOOK THE STONES TO BUILD SHANDWICK HOUSE WHERE ONCE A CHAPEL EXISTED THE HOUSE WAS ABANDONED AND THE OLD CHURCH SITE WAS MARKED TILL 1906 BY A CLUMP OF TREES. AND THEN BY A PATCH OF TARES ANOTHER CHURCH WAS BUILT, AND STILL STANDS, AT CHAPELHILL ON THE ESTATE OF PITCALNIE AS TO THE MR GRANT SO STRONGLY OBJECTED 1788. NIGG MANSE 19TH MARCH. AT A MEETING OF THE CREDITORS OF THE DECEAST MR PATRICK GRANT, MINISTER PRODUCED GROUNDS OF DEBT. THE NAMES OF THE CHURCHS HERE OVER THIS PERIOD WERE IN 1803 AN ANTI BURGHER CHURCH, IN 1820 CHANGED TO NIGG ASSOCIATE CHURCH, IN 1847 KNOWN AS THE UNITED PRESBYTERIAN CHURCH AND IN 1872 THE FREE CHURCH . ROSS OF PITCALNIE LINEAGE GEORGE MUNRO MARRIED MARGARET DAUGHTER OF DUNCAN FORBES, (1685-1747) LORD PRESIDENT OF THE COURT OF SESSION OF CULLODEN, AND SISTER OF PRESIDENT FORBES, LORD PRESIDENT OF THE SCOTTISH COURT OF SESSION, 2ND SON OF DUNCAN FORBES OF CULLODEN WHO WAS THE AUTHOR OF AN ACCOUNT OF THE FAMILY OF INNES (1698). DURING THE REBELLION OF 1715 HE WAS ACTIVE IN INVERNESS-SHIRE ON BEHALF OF THE GOVERNMENT, AND WAS APPOINTED ADVOCATE-DEPUTE (1716), SOLICITOR-GENERAL FOR SCOTLAND (1717) LORD ADVOCATE (1725). LORD PRESIDENT OF THE COURT OF SESSION 1737 IT WAS MAINLY DUE TO HIM THAT SOME OF THE MORE INFLUENTIAL HIGHLAND CHIEFS WERE PREVENTED FROM SUPPORTING PRINCE CHARLIE IN 1745; AND HE ALSO SPENT A LARGE PART OF HIS FORTUNE IN THE PAYMENT OF TROOPS, AND IN MEASURES FOR THE ESTABLISHMENT OF PEACE AND ORDER. HE ALSO OFFERED OPPOSITION TO THE REVENGEFUL POLICY OF THE DUKE OF CUMBERLAND. HE WAS AN HONEST, UNSELFISH AND HIGH-MINDED PATRIOT. HE TOOK AN INTEREST IN RELIGIOUS AND THEOLOGICAL TOPICS, HIS WORKS ON THOSE SUBJECTS ISSUE — 1. JOHN HIS HEIR AND SUCCESSOR. 2. MARY WHO SUCCEEDED HER BROTHER JOHN. 3. JANE WHO MARRIED FIRST, WILLIAM ROSS OF ALDIE HAD OTHERS, A SON WILLIAM ROSS MUNRO, WHO SUCCEEDED HIS AUNT, MARY, AS VI OF NEWMORE JANE MARRIED SECONDLY, ALEXANDER ROSS, IV. OF PITCALNIE, MARRIAGE CONTRACT DATED THE 22ND OF SEPTEMBER, 1730, AND STATES THAT ALEXANDER'S FATHER DISPONES TO ALEXANDER HIS SON, AND THE HEIRS MALE TO BE PROCREATED BETWEEN HIM AND JEAN MUNRO, HIS SPOUSE, SECOND LAWFUL DAUGHTER TO GEORGE MUNRO OF NEWMORE, ALL THE TOWNS AND LANDS OF PITCALNY AND OTHERS IN THE PARISHES OF NIGG, TARBERT, AND KINCARDINE. TWO OF THE WITNESSES ARE CHARLES AND ANGUS, THIRD AND FOURTH LAWFUL SONS OF MALCOLM ROSS, AND BROTHERS OF ALEXANDER. BY HER SECOND MARRIAGE JANE HAD ISSUE, ONLY SON MALCOLM WHO SUCCEEDED HIS FATHER IN PITCALNIE. 4. ANN WHO MARRIED RODERICK MACCULLOCH 3RD OF GLASTULLICH HAD ISSUE, DAVID, WHO SUCCEEDED, AND A DAUGHTER MARY, WHO MARRIED THE REV. HUGH ROSS, MINISTER OF TAIN, HAD ISSUE - SIX SONS AND ONE DAUGHTER. 5. ISABELLA, WHO MARRIED DAVID ROSS1ST OF INVERCHASSLEY AND TARLOGIE, HAD ISSUE - DAVID OF TARLOGIE AND ANKERVILLE, A LORD OF SESSION UNDER THE TITLE OF LORD ANKERVILLE. LINE OF PITCALNIE NICHOLAS ROSS 1ST OF PITCALNIE, ELDEST SON OF ALEXANDER ROSS 9TH OF BALNAGOWN BY HIS SECOND WIFE, KATHARINE MACKENZIE DAUGHTER OF KENNETH MACKENZIE OF KINTAIL. PITCALNIE WAS CONVEYED TO THEM BY HENRY, BISHOP OF ROSS (HIST. MSS. 6TH REPORT, P. 715). IN 1587 NICHOLAS OBTAINED A CHARTER FROM HIS FATHER OF PITCALNIE AND OTHER LANDS. IN FEBRUARY 1591 ENGAGED WITH HIS FATHER AND HALF BROTHER GEORGE IN ASSISTING THE FUGITIVE EARL OF BOTHWELL IN THE NORTH, (REGISTER PRIV. CORING). CHARTER TO HIM AND DAVID, HIS SON AND HEIR, OF THE THIRD PART OF ARKBOLL.HE DIED JULY 1611 (KALENDER OF FERN), HAVING MARRIED (CONTRACT DATED AT ARKBOLL, 24TH JUNE 1587) MARGARET, DAUGHTER OF HUGH MUNRO OF ASSYNT, AND WIDOW OF ALEXANDER ROSS, SECOND OF LITTLE TARRELL. SHE HAD ISSUE: DAVID ROSS 1. CHRISTIAN MARRIED DONALD MACLEOD, 7TH OF ASSYNT. A SASINE 3O JUNE 1624. DAVID ROSS 2ND OF PITCALNIE, HEIR OF MALCOLM ROSS OF CAMBUSCURRY, 27 OCTOBER 1618 (INQ. SPEC. ROSS ET CROM.). HE DIED I4TH OCTOBER 1646, BURIED AT FERN, HAVING MARRIED JEAN, DAUGHTER OF ALEXANDER DUNBAR OF MUNNESS (SASINE I5TH DECEMBER 1640), LEAVING BRANCHES OF ANKERVILLE AND EASTER FEARN. ROBERT ROSS, SECOND SON OF WILLIAM ROSS, THIRD OF INVERCHARRON, WHO DIED I3TH OCTOBER 1622, HAD BY TWO SONS, 1. WILLIAM ROSS 2. ALEXANDER ROSS 3. WILLIAM HAD A SON, 4.ALEXANDER, FIRST OF ANKERVILLE (SASINE 3RD JANUARY 1721 ON CHARTER UNDER GREAT SEAL IN FAVOUR OF ALEXANDER ROSS, LATE MERCHANT AT CRACOW, OF THE LANDS OF EASTER KINDEACE, NOW CALLED ANKERVILLE). HE DIED BETWEEN 1743 AND 1750, HAVING MARRIED SOPHIA FRENCH (SASINE 26TH JANUARY 1733), ISSUE: ALEXANDER ROSS ELDEST SON (SASINE 3RD JANUARY 1728). DAVID ROSS SECOND SON (SASINE 1733). DAVID ROSS 3RD OF INVERCHASLEY, WAS APPOINTED IN 1756 STEWART-DEPUTE OF KIRKCUDBRIGHT, IN 1763 ONE OF THE PRINCIPAL CLERKS OF SESSION, AND IN 1776 WAS RAISED TO THE BENCH BY THE TITLE OF LORD ANKERVILLE. WHEN IN 1786 HE SOLD, FOR 17,600, THE ESTATES OF SHANDWICK, CULLISS, AND ANKERVILLE TO WILLIAM ROSS, GRANDSON OF ANDREW ROSS, 7TH OF SHANDWICK, HE RETAINED TARLOGIE AND MORANGIE. BORN 1727, HE DIED AT TARLOGIE CHARLES ROSS, LIEUTENANT-GENERAL, STYLED OF MORANGIE, SECOND SON OF DAVID ROSS, 2ND OF INVERCHASLEY, HAVING BECOME OWNER OF INVERCHARRON, MADE A SETTLEMENT OF HIS ESTATES 3IST MAY 1796, RECORDED 9TH MARCH 1797 (REGISTER OF TAILZIES, EDINBURGH, VOL. 30, F. 107). FAILING HIS OWN HEIRS, HE DISPONED HIS ESTATES TO HIS NEPHEW, CHARLES ROSS, ADVOCATE AND HIS HEIRS, WHOM FALLING TO DAVID ROSS, YOUNGER OF ANKERVILLE AND HIS HEIRS ; TO HIS NEPHEW, CAPTAIN DAVID ROSS SON OF WILLIAM ROSS, LATE OF INVERCHARRON, BY HIS SISTER, ISOBEL ROSS; TO HIS NEPHEW, GEORGE MUNRO OF CULRAIN; TO CAPTAIN DAVID ROSS, LATE OF KINDEACE, NOW ON HALF PAY, AND THEIR HEIR; WHOMFAILING TO HIS NIECES, DAUGHTERS OF LORD ANKERVILLE, VIZ. MARGARET, WIFE OF MAJOR JAMES BAILLIE, FORT-MAJOR OF FORT-GEORGE, ELIZABETH ROSS, JEAN ROSS, AND THEIR HEIRS; TO HIS NIECES, DAUGHTERS OF INVERCHARRON, VIZ. HELEN, WIFE OF WILLIAM M'CAW, AND ELIZABETH ROSS, SECOND DAUGHTER, AND THEIR HEIRS; TO JAMES ROSE, WRITER, EDINBURGH, THIRD SON OF THE DECEASED MR. HUGH ROSE, MINISTER OF TAIN, BY MARY M'CULLOCH, HIS (THE GENERAL'S) FIRST COUSIN, AND HIS HEIRS; WHOM ALL FAILING, TO HIS OWN LAWFUL HEIRS. KINDEACE LINE MALCOLM ROSS, FIRST OF KINDEACE, THIRD SON OF DAVID ROSS, 2ND OF PITCALNIE, DESCRIBED AS 'IN GEANY' (SASINE I7TH JULY 1624), THEN IN MID GENIES (SASINE 23RD APRIL 1627), OBTAINED A CHARTER FROM JOHN CORBAT OF LITTLE RANIE OF PART OF THE LANDS OF MID GENIES IN THE ABBACY OF FERN IN FAVOUR OF HIMSELF AND KATHERINE CORBAT HIS SPOUSE (SASINE ON THE SAME 3OTH MAY 1649), AND ALSO A CHARTER (SASINE 8TH AUGUST 1651), FROM JOHN ROSS OF LITTLE TARREL LORD ANKERVILLE, WHOSE MARRIAGE CONTRACT BEARS DATE AUGUST 1755, IT APPEARS THAT DAVID ROSS, 1ST OF INVERCHASLEY, BY HIS FIRST WIFE, HAD THE FOLLOWING DAUGHTERS, 1. KATHERINE ROSS DAUGHTER OF WILLIAM ROSS OF KINDEACE (MARRIAGE-CONTRACT) DATED I7TH MARCH MARRIED GEORGE MCKAY OF BIGHOUSE. GEORGE MACKAY OF HANDA, LATER OF BIGHOUSE, SUTHERLANDSHIRE. BORN 29 JUNE 1736, DIED SCOTSTOUN, PEEBLES 6 SEPTEMBER 1798. HAD A COMPANY IN DUKE OF GORDON'S NORTH FENCIBLES IN 1778; LIEUT-COL OF REAY FENCIBLES. MARRIED AGAIN, 11 JUNE 1768 LOUISA (OR LUCY) CAMPBELL (BORN 1 OCTOBER 1751, D 25 AUGUST 1835). 1. JANET MACKAY. MARRIED SIR BENJAMIN SUTHERLAND DUNBAR, 3RD BT OF HEMPRIGGS, LATER 6TH LORD DUFFUS (BORN 28 APRIL 1763, DIED 1843). 2. HUGH MACKAY. 3. ROBERT MACKAY. 4. (CHILD) MACKAY). 5. ELIZABETH MACKAY. 6. JEAN MACKAY. DIED 1858. MARRIED 10 NOVEMBER 1792 GEORGE SACKVILLE SUTHERLAND OF UPPAT. BORN OCTOBER 1770. DIED 1812.





BARONY OF ROYSTON GD305/1/117/452 SCOTTISH RECORD OFFICE 19/2/1835 I JOHN HAY MACKENZIE OF CROMARTY ESQUIRE ONLY SON OF THE HONOURABLE MRS HAY MACKENZIE AND I THE SAID MRS MARIA MURRAY HAY MACKENZIE CONSIDERING THAT THE DECEASED GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY BY A DISPOSITION AQND TAILZIE DATED THE TWENTY EIGHTHDAY OF NOVEMBER SIXTEEN HUNDRED AND EIGHTY EIGHT YEARS GRANTED AND DISPONED TO SIR JAMES MACKENZIE OF ROYSTON THEREIN DESIGNED MR JAMES MACKENZIE HIS THIRD LAWFUL SON AND THE HEIRS MALE LAWFULLY TO BE PROCREATED OF HIS BODY WHOM FAILING TO KENNETH AFTERWARDS SIR KENNETH MACKENZIE OF GRANDVILLE SECOND LAWFUL SON OF THE SAID VISCOUNT OF TARBAT AND THE HEIRS MALE LAWFULLY TO BE PROCREATED OF HIS BODY WHOM FAILING TO JOHN MASTER OF TARBAT AFTERWARDS EARL OF CROMARTY THEN ELDEST SON OF THE SAID VISCOUNT OF TARBAT AND THE HEIRS MALE LAWFULLY PRCREATED OR TO BE PROCREATED OF HIS BODY WHOM FAILING TO THE OTHER HEIRS MALE LAWFULLY PROCREATED OR TO BE PROCREATED OF THE BODY OF THE SAID VISCOUNT OF TARBAT WHOM FAILING TO ANY OTHER PERSON OR PERSONS TO BE NOMINATED AND APPOINTED BY THE SAID VISCOUNT WHOMFAILING TO HIS OWN NEAREST HEIRS MALE WHATSOEVER WHOM ALL FAILING TO HIS OWN NEAREST HEIRS AND ASSIGNEES WHATSOEVER ALL AND WHOLE THE LANDS OF EASTER GRANTOUN AND OTHERS THEREIN MENTIONED LYING IN THE SHERIFFDOM OF EDINBURGH WHICH WERE UNITED ERECTED AND INCOPORATED INTO A FREE BARONY CALLED THE BARONY OF ROYSTON BUT UNDER THE USUAL PROHIBITORY IRRITANT AND RESOLUTE CLAUSES OF A STRICT ENTAIL AGAINST ALIENATING THE ESTATE CONTRACTING DEBTS THEREUPON ALTERING THE DESTINATION OR OTHERWAYS DEFEATING THE SETTLEMENT UPON WHICH TAILZIE A CHARTER AND INFEFTMENT WERE EXPEDE AND PASSED IN THE YEAR SIXTEEN HUNDRED AND NINETY FOUR THAT THE SAID SIR JAMES MACKENZIE WHO WAS AFTERWARDS ONE OF THE SENATORS OF THE COLLEGE OF JUSTICE BY THE TITLE OF LORD ROYSTON DID IN THE YEAR SEVENTEEN HUNDRED AND THIRTY NINE WITH CONCURENCE OF GEORGE MACKENZIE HIS SON WHO AFTERWARDS PREDECEASED HIM APPLY FOR AND OBTAIN AN ACT OF PARLIAMENT AUTHORIZING A SALE OF THE SAID ESTATE FOR DISCHARGING DEBTS AFFECTING IT BY WHICH IT WAS INTER ALIA ENACTED THAT THE SURPLUS REMAINING OF THE PRICE AFTER PAYMENT OF THE SAID DEBTS SHOULD BE APPLIED AND DISPOSED OF IN THE PURCHASE OF OTHER LANDS AND HERIDITAMENTS IN FEE SIMPLE AND WHICH SAID OTHER LANDS SHOULD IMMEDIATELY AFTER SUCH PURCHASE BE SETTTLED DISPONED AND PROVIDEDTO AND FOR THE USE AND BEHOOF OF THE SAID SIR JAMES MACKENZIE OF ROYSTON AND THE OTHER SURVIVING HEIRS OF ENTAIL ACCORDING TO THEIR DIFFERENT RIGHTS AND INTERESTS AND IN THE SAME ORDER AND COARSE OF SUCCESSION SECURED ASCERTAINED AND ESTABLISHED TO AND FOR THEM RESPECTIVELY AS IN AND BY THE SAID DEED OF TAILZIE SO FAR AS THE SAME MIGHT BE CAPABLE OF TAKING EFFECT WITH THE POWERS AND SUBJECT TO THE RESTRICTIONS AND LIMITATIONS THEREIN CONTAINED AND IN THE MEANTIME UNTIL SUCH PURCHASE COULD BE MADE THE SAID RESIDUE OR SURPLUS WAS THEREBY ORDERED TO BE PLACED OUT AT INTEREST UPON REAL OR OTHER SUFFICIENT SECURITY THAT IN PURSUANCE OF THE SAID ACT OF PARLIAMENT THE SAID ESTATE OF ROYSTON WAS SOLD TO THE NOW DECEASED JOHN DUKE OF ARGYLE WHO PAID THE PRICE THEREOF TO THE SAID SIR JAMES MACKENZIE THAT THE SAID SIR JAMES MACKENZIE HAVING DIED WITHOUT LEAVING LAWFUL HEIRS MALE OF HIS BODY THE SURPLUS PRICE OF THE SAID ESTATE AFTER PAYMENT OF THE DEBTS DESCENDED TO SIR GEORGE MACKENZIE OF GRANDVILLE ELDER SON OF SIR KENNETH MACKENZIE THE SECOND SON OF THE ENTAILER WHO WAS ACCORDINGLY UPON THE TWENTIETH DAY OF OCTOBER SEVENTEEN HUNDRED AND FORTY SIX SERVED HEIR OF TILZIE AND PROVISION IN GENERAL TO THE SAID SIR JAMES MACKENZIE HIS UNCLE AND UPON THAT TITLE HE BROUGHT AN ACTION BEFORE THE COURT OF SESSION AGAINST SIR JOHN STEWART OF GRANDTULLY THE GRANDSON AND HEIR OF LINE OF THE SAID SIR JAMES MACKENZIE ….. AND AGAINST CERTAIN TRUSTEES APPOINTED BY THE ABOVE MENTIONED ACT OF PARLIAMENT FOR ACCOUNTING TO HIM FOR THE PRICE OF THE SAID ESTATE OF ROYSTON AND SIR GEORGE HAVING DIED DURING THE DEPENDENCE SIR KENNETH MACKENZIE OF GRANDVILLE HIS BROTHER WAS UPON THE EIGHTH DAY OF NOVEMBER SEVENTEEN HUNDRED AND FIFTY THREE SERVED HEIR OF TAILZIE AND PROVISION IN GENERAL TO HIM AND AFTERWARDS INSISTED IN THE SAID ACTION WHICH WAS FINALLY CLOSED BY A DECREE BEARING SUNDRY DATES AND THE LAST OF WHICH IS THE TWENTY SIXTH DAY OF JANUARY SEVENTEEN HUNDRED AND FIFTY EIGHT YEARS WHEREBY THE LORDS FOUND INTER ALIA THAT AFTER DEDUCTION ALLOWANCE OF THE DEBTS MENTIONED IN THE DECREE THERE REMAINED A FREE RESIDUE OF THE PRICE OF THE SAID ENTAILED ESTATE AMOUNTING TO FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENCE ONE THIRD OF A PENNY STERLING AND FOUND THAT THE SAID RESIDUE OR SURPLUS OF THE SAID PRICE MUST BE LAID OUT AND EMPLOYED FOR THE USE AND BEHOOF OF THE SAME PERSONS AND IN LIKE MANNER IN ALL RESPECTS AS THE ENTAILED ESTATE OF ROYSTON WAS SETTLED BY THE SAID DEED OF ENTAIL AND PURSUANT TO THE DIRECTION OF THE SAID ACT AUTHORIZING THE SALE THERE OF AND DECERNED AND ORDAINED THE SAID SIR JOHN STEWART AS REPRESENTING THE SAID SIR JAMES MACKENZIE HIS GRANDFATHER ON THE PASSIVE TITLES TO MAKE PAYMENT OF THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING TO BE ACCORDINGLY LAID OUT AND EMPLOYED IN CONFORMITY TO THE SAID DEED OF ENTAIL AND THE DIRECTION OF THE SAID ACT OF PARLIAMENT AT THE SIGHT AND BY THE APPROBATION OF THE COURT OF SESSION THAT THE SAID SIR KENNETH MACKENZIE OF GRANDVILLE HAVING DIED SOON AFTER THE DECREE ABOVE MENTIONED WAS PRONOUNCED WITHOUT MALE ISSUE THE SUCCESSION TO THE SAID RESIDUE OF THE PRICE OF THE ESTATE OF ROYSTON OPENED TO AND DEVOLVED UPON OUR SOVEREIGN LORD THE KING AS IN RIGHT OF JOHN MACKENZIE COMMONLY CALLED LORD MCLEOD AND CASTLEHAVEN THE ELDEST SON OF GEORGE EARL OF CROMARTY WHO WAS THE ELDEST SON AND HEIR MALE OF THE BODY OF JOHN MASTER OF TARBAT THE SUBSTITUTE SECOND IN ORDER IN THE TAILZIE ABOVE MENTIONED AND THAT THROUGH THE ATTAINER OF THE SAID EARL OF HIGH TREASON AND RIGHT OF THE SAID RESIDUE DID REMAIN SO INVESTEDIN THE CROWN UNTIL BY THE DEATH OF THE SAID JOHN MACKENZIE COMMONLY CALLED LORD MCLEOD AND CASTLEHAVEN IN THE YEAR SEVENTEEN HUNDRED AND EIGHTY NINE THE ATTAINED BLOOD OF THE SAID GEORGE EARL OF CROMARTY BECAME EXTINCT THAT UPON THE DEVOLUTION OF THE RIGHT OF THE CROWN UPON LORD MCLEOD DEATH THE SUCCESSSION TO THE SAID RESIDUE OF THE PRICE OF THE PRICE OF THE ESTATE OF ROYSTON OPENED TO THE DECEASED KENNETH MACKENZIE OF CROMARTY AS THEN HEIR MALE OF JOHN MASTER OF TARBAT BEING THE ELDEST SON OF RODERICK MACKENZIE WHO WAS SECOND SON OF THE SAID JOHN MASTER OF TARBAT THAT THE SAID KENNETH MACKENZIE WHO WAS ALSO HEIR OF TAILZIE AND PROVISION OF LORD MCLEOD IN THE ESTATE OF CROMARTY HAVING RAISED AND PURSUED AN ACTION AT HIS INSTANCE IN THE COURT OF SESSION AGAINST ARCHIBALD LORD DOUGLAS DAME ISABELLA STEWART OR HENDERSON RELICT OF THE DECEASED SIR ROBERT HENDERSON OF FORDEL BARONET AND SIR JOHN HENDERSON OF FORDEL BARONET SIR JOHN STEWART OF GRANTULLY BARONET AND THE OFFICERS OF STATE FOR HIS MAJESTIES INTERESTS FOR ASCERTAINING HIS RIGHT TO AND RECORDING PAYMENT OF THE SAID RESIDUE THE LORDS OF COUNCIL AND SESSION BY THEIR FINAL DECREE OF VARIOUS DATES THE LAST OF WHICH IS THE ELEVENTH DAY OF JULY SEVENTEEN HUNDRED AND NINETY FIVE INTER ALIA DECERNED AND ORDAINED THE SAID SIR JOHN STEWART DEFENDER IN THE SAID ACTION TO MAKE PAYMENT TO THE SAID KENNETH MACKENZIE OF THE AFORESAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENCE ONE THIRD OF A PENNY STERLING WITH INTEREST AS THERIN MENTIONED IN ORDER THAT THE SAME MIGHT BE PAID INTO EXCHEQUER TO ACCOUNT OF THE SUM DUE TO GOVERNMENT BY THE ESTATE OF CROMARTY UPON AN ASSIGNATION OF THE SUM SO PAID TO BE GRANTED TO THE SAID KENNETH MACKENZIE AND THE HEIRS MALE OF HIS BODY WHOM FAILING TO THE OTHER HEIRS OF ENTAIL OF THE SAID ESTATE OF ROYSTON THAT THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING WAS ACCORDINGLY PAID INTO EXCHEQUER ON THE EIGHTEENTH DAY OF SEPTEMBER SEVENTEEN HUNDRED AND NINTY FIVE TO ACCOUNT OF THE SAID DEBT DUE TO THE GOVERNMENT OUT OF THE ESTATE OF CROMARTY AND A RECEIPT WAS GRANTED THEREFOR BY THE DEPUTY KINGS REMEMBRANCES TO THE SAID JOHN STEWART BUT IN ASSIGNATION HAS EVER BEEN GRANTED OF THE SAID DEBT DUE BY THE ESTATE OF CROMARTY TO GOVERNMENT IN FAVOUR OF THE HEIRS OF ENTAIL OF THE ESTATE OF ROYSTON THAT UPON THE DEATH OF THE SAID KENNETH MACKENZIE WITHOUT MALE ISSUE THE SUCCESSION TO THE SAID RESIDUE OPENED TO AND DEVOLVED UPON THE NOW DECEASED COLONEL ROBERT MACKENZIE SOMETIME OF THE SERVICE OF THE HONOURABLE THE EAST INDIA COMPANY WHO WAS SERVED AND RETOURED HEIR MALE OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY THE MAKER OF THE TAILZIE THE SAID COLONEL ROBERT MACKENZIE BEING GREAT GRANDSON OF ALEXANDER MACKENZIE BROTHER OF THAT NOBLE EARL THAT THE SAID COLONEL ROBERT MACKENZIE INSTITUTED AN ACTION IN THE COURT OF SESSION AT HIS INSTANCE AS HEIR OF ENTAIL FORESAID AGAINST THE RIGHT HONOURABLE LADY ELIBANK AS HEIRS OF ENTAIL OF THE ESTATE OF CROMARTY WHO SUCCEEDED TO THE SAID KENNETH MACKENZIE THEREIN BY VIRTUE OF LORD MACLEODS ENTAIL AND AGAINST MRS JANE PETLEY RELICT AND EXECUTRIX OF THE SAID KENNETH MACKENZIE OF CROMARTY FOR CONSTITUTING THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING AS A DEBT EITHER AGAINST THE ESTATE OF CROMARTY OR AGAINST THE EXECUTRY OF THE SAID KENNETH MACKENZIE WHICH ACTION AFTER HAVING FALLEN ASLEEP WAS WAKENED AND TRANSFERED AT THE INSTANCE OF THE SAID COLONEL ROBERT MACKENZIE AGAINST ME THE SAID MRS MARIA MURRAY HAY MACKENZIE AND THE NOW DECEASED EDWARD HAY MACKENZIE OF CROMARTY AND NEWHALL MY HUSBAND I THE SAID MRS MARIA MURRAY HAY MACKENZIE HAVING ON THE DEATH OF THE SAID LADY ELIBANK SUCCEEDED TO THE ESTATE OF CROMARTY THAT DURING THE DEPENDENCE OF THE SAID ACTION BETWIX COLONEL ROBERT MACKENZIE AND THE REPRESENTATIVES OF THE SAID KENNETH MACKENZIE AN ACTION OF MULTIPLE POINDING WAS RAISED AND INSISTED IN AT THE INSTANCE OF JAMES LORD FORBES FOR HAVING IT ASCERTAINED WHO WAS IN RIGHT OF THE SUM OF ONE THOUSAND TWO HUNDRED POUNDS STERLING STIPULATED TO BE PAID BY THE DECEASED JAMES LORD FORBES FATHER OF HIM THE SAID JAMES LORD FORBES TO THE SAID JOHN LORD MACLEOD AS A PORTION WITH MISS FORBES DAUGHTER OF THE SAID DECEASED JAMES LORD FORBES SOMETIME LADY MCLEOD AND THEREAFTER DUCHESS OF ATHOL IN WHICH ACTION APPEARANCE WAS MADE FOR THE SAID MRS JEAN PETLEY THEREAFTER MRS MACLEOD OF GEANIES CLAIMING THE FUND IN MEDIO AS EXECTRIX OF THE SAID KENNETH MACKENZIE OF CROMARTY WHO WAS GENERAL DISPONEE OF THE WHOLE PERSONAL ESTATE THAT BELONGED TO THE SAID JOHN LORD MACLEOD AND APPEARANCE WAS ALSO MADE FOR ME THE SAID MRS MARIA MURRAY HAY MACKENZIE OF CROMARTY CLAIMING THAT THE SAID SUM OF ONE THOUSAND TWO HUNDRED POUNDS SHOULD BE APPLIED TOWARDS EXTINCTION OF THE DEBT SUED FOR BY THE SAID COLONEL ROBERT MACKENZIE AS AFFECTING THE ESTATE OF CROMARTY THE SAID KENNETH MACKENZIE HAVING BEEN BY THE TERMS OF JOHN LORD MACLEODS SETTLEMENT BOUND TO PAY OFF ALL THE DEBTS AFFECTING THAT ESTATE AND AFTER A VARIETY OF PROCEDURE IN SAID ACTION OF MULTI-POINDING THE LORD BALMUTO ORDINARY BY INTERLOCTOR DATED THE SEVENTH DAY OF MARCH EIGHTEEN HUNDRED AND SEVEN INTER ALIA ORDAINED THE SAID MARIA MURRAY HAY MACKENZIE TO CALL THE HEIR OF ENTAIL OF THE ESTATE OF ROYSTON AS A PARTY TO THE SAID PROCESS TO APPEAR FOR HIS INTEREST THAT ACCORDINGLY THE SAID COLONEL ROBERT MACKENZIE WAS CITED AS A PARTY TO THE SAID PROCESS OF MULTI-POINDING AND THE PROCESS OF CONSTITUTION AT HIS INSTANCE HAVING BEEN REMITTED TO THE SAID PROCESS OF MULTI-POINDING AND CONJOINED THEREWITH THE SAID LORD BALMUTO ORDINARY PRONOUNCED A FINAL INTERLOCTOR IN THE CONJOINED ACTIONS UPON THE EIGHTH DAY OF FEBRUARY EIGHTEEN HUNDRED AND NINE FINDING THAT THE ESTATE OF CROMARTY WAS RESTORED TO THE LATE LORD MCLEOD UNDER THE CONDITION OF PAYING THE DEBT DUE THEREON AND PARTICULARY A DEBT OF NINETEEN THOUSAND POUNDS THEN DUE TO THE CROWN AND THAT LORD MACLEOD AFTER PAYING A CONSIDERABLE PART OF THE SAID DEBT EXECUTED AN ENTAIL OF THE SAID ESTATE OF CROMARTY THAT THE ESTATE OF ROYSTON WAS SOLD UNDER THE AUTHORITY OF AN ACT OF PARLIAMENT OBTAINED IN SEVENTEEN HUNDRED AND THIRTY NINE AND IT WAS AFTERWARDS ASCERTAINED BY A DECREE OF COURT IN SEVENTEEN HUNDRED AND FIFTY EIGHT THAT THE REVERSION OF THE PRICE OF THAT ESTATE WAS FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING AND FELL TO BE LAID OUT IN TERMS OF SAID ACT OF PARLIAMENT FOR THE BENIFIT OF THE HEIRS OF ENTAIL CALLED TO THE SUCCESSION OF THE ESTATE OF ROYSTON AND UNDER THE CONDITIONS OF THAT ENTAIL THAT LORD MACLEOD WAS AN HEIR OF ENTAIL OF ROYSTON AND APON HIS DEATH HE WAS SUCCEEDED BY THE LATE KENNETH MACKENZIE WHO TOOK UP THE ESTATE OF CROMARTY UNDER THE ENTAIL EXECUTED BY LORD MACLEOD AND ALSO ENJOYED DURING EXECUTED BY LORD MACLEOD AND ALSO ENJOYED DURING HIS LIFE THE INTEREST OF THE DEBT OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING AS AN HEIR OF ENTAIL OF THE ESTATE OF ROYSTON THAT WHILE THE SAID KENNETH MACKENZIE ENJOYED BOTH ESTATE HE OBTAINED A DECREE OF COURT AGAINST SIR JOHN STEWART OF GRANDTULLY BARONET IN WHOSE HANDS THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING LAY AT INTEREST DECERNING HIM TO MAKE PAYMENT OF THAT SUM INTO EXCHEQUER TO ACCOUNT OF THE DEBT DUE TO GOVERNMENT OUT OF THE ESTATE OF CROMARTY AND UPON AN ASSIGNATION TO BE GRANTED OF THAT DEBT TO THAT EXTENT AND THAT THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING WAS ACCORDINGLY PAID INTO EXCHEQUER ON THE EIGHTEENTH DAY OF SEPTEMBER SEVENTEEN HUNDRED AND NINETY FIVE AND WHICH WITH A FURTHER SUM PAID BY THE SAID KENNETH MACKENZIE WAS IN FULL OF THE DEBT DUE TO THE CROWN BUT NO ASSIGNATION IN FAVOUR OF THE ROYSTON HEIRS OF ENTAIL HAD THEN PROCURED THEREFOR THAT THE SAID SUM BEING SO PAID IN CONFORMITY TO THE DECREE OF COURT UPON THE SECURITY OF A DEBT AFFECTING THE WHOLE OF THE ESTATE OF CROMARTY BOTH BY THE TERMS OF THE GRANT FROM THE CROWN RESTORING THE ESTATE AND AS BEING A DEBT OWING BY THE LATE LORD MACLEOD THE MAKER OF THE ENTAIL AND ALSO BY KENNETH MACKENZIE THE NEXT SUCCEEDING HEIR THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY WITH THE INTEREST THEREOF FROM THE SAID EIGHTEENTH DAY OF SEPTEMBER SEVENTEEN HUNDRED AND NINETY FIVE IN SO FAR AS THE SAID INTEREST IS NOT PAID IS SUBSISTING AND PREFERABLE DEBT UPON THE ENTAILED LANDS AND ESTATE OF CROMARTY DUE TO THE SAID COLONEL ROBERT MACKENZIE AND THE OTHER HEIRS CALLED TO THE SUCCESSION OF THE ESTATE OF ROYSTON BUT UNDER THE CONDITIONS OF THE ENTAIL OF THAT ESTATE AND OF THE AFORESAID ACT OF PARLIAMENT AND THAT THE SAID MRS MARIA MACKENZIE THE THEN HEIR OF ENTAIL OF THE ESTATE OF CROMARTY AND THE SUBSEQUENT HEIRS OF ENTAIL OF THAT ESTATE WERE LIABLE TO HIM THE SAID COLONEL ROBERT MACKENZIE AND THE OTHER HEIRS OF ENTAIL OF ROYSTON ACCORDING TO THEIR INTEREST FOR PAYMENT OF THE SAID PRINCIPAL SUM AND INTEREST DUE AND TO BECOME DUE THEREON AND DECERNED ACCORDINGLY WITHOUT PREJUDICE TO THE SAID COLONEL ROBERT MACKENZIE OR OTHER HEIRS OF ENTAIL OF ROYSTON TAKING SUCH STEPS AS THEY MIGHT BE ADVISED FOR OBTAINING A MORE FORMAL SECURITY OR DECLARATION OF THEIR RIGHT AND ALSO WITHOUT PREJUDICE TO THE SAID MRS MARIA MACKENZIE OR THE OTHER HEIRS OF ENTAIL OF CROMARTY OBTAINING SUCH RELIEF FROM THE REPRESENTATION OF THE SAID KENNETH MACKENZIE OR OTHERS AS MIGHT BE COMPETENT AND IN PROCESS OF MULTIPLE POINDING FOUND THAT THE SUM OF ONE THOUSAND TWO HUNDRED POUNDS IN THE HANDS OF LORD FORBES WITH THE INTEREST DUE THEREON WAS A DEBT DUE BY THE LATE LORD FORBES TO THE LATE LORD MCLEOD AND THAT IT WAS STATED AND NOT DENIED BY THE DEED OF SETTLEMENT EXECUTED BY LORD MACLEOD IN FAVOUR OF THE SAID KENNETH MACKENZIE HIS LORDSHIP APPOINTED THE WHOLE OF HIS MOVEABLE ESTATE TO BE APPLIED IN PAYMENT OF THE DEBTS OWING BY HIM AND PARTICULARLY IN EXTINCTION OF THE DEBT OF FOUR THOUSAND EIGHT HUNDRED AND EIGHTEEN POUNDS SIXTEEN SHILLINGS AND TWOPENCE ELEVEN TWELFTHS OF A PENNY STERLING AFFECTING THE ESTATE BEFORE MENTIONED AND THEREFOR FOUND THAT THE SAID SUM OF ONE THOUSAND TWO HUNDRED POUNDS AND INTEREST THEREOF AFTER DEDUCTION OF EXPENSES AS THEREIN MENTIONED MUST BE APPLIED IN EXTINCTION PRO TANTO OF THE DEBT DUE UPON THE ESTATE OF CROMARTY TO THE HEIR UNDER THE ROYSTON ENTAIL THAT THEREAFTER THE SUM DUE BY LORD FORBES APPLICABLE TO THE EXTINCTION OF THE SAID DEBT ON THE ESTATE OF CROMARTY WAS ASCERTAINED TO BE ONE THOUSAND FOUR HUNDRED AND NINETY FOUR POUNDS SEVENTEEN SHILLINGS AND FOURPENCE SO THAT THERE REMAINED A BALANCE OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE ONE THIRD OF A PENNY STERLING OF THE REVERSION OF THE PRICE OF THAT ESTATE AS A SUBSISTING AND PREFERABLE DEBT ON THE ESTATE OF CROMARTY THAT ON THE DEATH OF THE SAID COLONEL ROBERT MACKENZIE THE RIGHT TO THE SAID RESIDUE OF THE PRICE OF THE ESTATE OF ROYSTON DEVOLVED APON HIS SON ALEXANDER NOW SIR ALEXANDER MACKENZIE OF TARBAT BARONET IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY WHO ACCORDINGLY EXPEDE A SERVICE AS HEIR MALE OF TALZIE AND PROVISION TO HIS SAID FATHER UNDER THE SAID TAILZIE EXECUTED BY GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY AS HIS TITLE TO THE SAID RESIDUE CONFORM TO THE RETOUR OF HIS SERVICE DATED THE……………………………………………………………………………………. … AND THAT FOR THE SAID BALANCE OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVEPENCE ONE THIRD OF A PENNY STERLING THE SAID SIR ALEXANDER MACKENZIE IS IN TERMS OF THE INTERLOCTOR BEFOREMENTIONED ENTITLED TO OBTAIN FROM THE HEIR OF ENTAIL PRESENTLY IN POSSESSION OF THE ESTATE OF CROMARTY A FORMAL SECURITY OVER THAT ENTAILED ESTATE THEREFOR WILL YE US THE SAID JOHN HAY MACKENZIE AND MRS MARIA MURRAY HAY MACKENZIE TO HAVE CONFESSED AND DECLARED AS WE DO HEREBY ACKNOWLEDGE CONFESS AND DECLARE OURSELVES AND THE HEIRS OF TAILZIE SUCCEEDING TO US IN THE SAID LANDS AND ESTATE OF CROMARTY TO BE JUSTLY ADDEBTED AND RESTING OWING TO THE SAID SIR ALEXANDER MACKENZIE AND THE OTHER HEIRS OF ENTAIL OF ROYSTON AS AFTERMENTIONED THE SAID PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVEPENCE ONE THIRD OF A PENNY STERLING WITH THE LAWFUL INTEREST THEREOF FROM AND SINCE THE TERM OF WHITSUNDAY LAST EIGHTEEN HUNDRED AND THIRTY FOUR THE INTEREST THEREOF TO THAT TERM HAVING BEEN PAID WHICH PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVEPENCE ONE THIRD OF A PENNY STERLING WE DO HEREBY BIND AND OBLIGE OURSELVES JOINTLY AND SEVERALLY AND THE HEIRS OF TAILZIE SUCCEEDING TO US IN THE LANDS AND ESTATE OF CROMARTY TO CONTENT AND PAY AT THE SIGHT OF THE RIGHT HONOURABLE THE LORDS OF COUNCIL AND SESSION FOR THE PURPOSE OF BEING REINVESTED WITH THEIR APPROBATION IN TERMS OF THE FORESAID TAILZIE OF THE ESTATE OF ROYSTON ACT OF PARLIAMENT AND INTERLOCTOR OR DECREET OF THE COURT OF SESSION TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE NEAREST HEIR MALE WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOM FAILING TO THE NEAREST HEIRS AND ASSIGNEES WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY AND THAT AT AND AGAINST THE TERM OF WHITSUNDAY NEXT EIGHTEEN HUNDRED AND THIRTY FIVE WITH ONE FIFTH PART MORE OF LIQUIDATE PENALTY IN CASE OF FAILURE AND WE ALSO BIND AND OBLIGE OURSELVES JOINTLY AND SEVERALLY AND THE HEIRS SUCCEEDING TO US IN THE SAID LANDS AND ESTATE OF CROMARTY TO CONTEND AND PAY TO THE SAID SIR ALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS MALE WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOM FAILING TO THE NEAREST HEIRS AND ASSIGNEES WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY THE LEGAL INTEREST OF THE SAID PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVEPENCE ONE THIRD OF A PENNY STERLING FROM THE SAID TERM OF WHITSUNDAY LAST TO THE SAID TERM OF PAYMENT OF THE PRINCIPAL SUM AND THEREAFTER SO LONG AS THE SAID PRINCIPAL SUM REMAINS UNPAID AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS BEGINNING THE FIRST TERMS PAYMENT OF THE SAID INTEREST AT THE TERM OF MARTINMAS LAST AND THE NEXT TERM PAYMENT THEREOF AT THE TERM OF WHITSUNDAY EIGHTEEN HUNDRED AND THIRTY FIVE AND SO FORTH HALF YEARLY AT THE SAID TERMS DURING THE NOT PAYMENT OF THE PRINCIPAL SUM AND THAT AT EDINBURGH IN THE OFFICE OF THE BANK OF SCOTLAND WITH ONE FIFTH PART MORE OF THE SAID INTEREST OF LIQUIDATE PENALTY FOR EACH TERM IN PAYMENT OF THE SAID INTEREST AT THE TERMS ABOVE MENTIONED BUT THESE PRESENTS ARE GRANTED WITH AND UNDER THE DECLARATION ALWAYS THAT NOTHING HEREIN CONTAINED SHALL PREJUDICE THE RIGHT OF THE SAID SIR ALEXANDER MACKENZIE OR THE OTHER HEIRS OF ENTAIL OF ROYSTON TAKING SUCH STEPS AS THEY MAY BE ADVISED FOR OBTAINING A MORE FORMAL SECURITY OR DECLARATION OF THERE RIGHT NOR SHALL THE GRANTING OF THESE PRESENTS PREJUDICES US OR THE OTHER HEIRS OF ENTAIL OF CROMARTY OBTAINING SUCH RELIEF FROM THE REPRESENTATIVES OF THE SAID KENNETH MACKENZIE OR OTHERS AS MAY BE COMPETENT AND WE CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OR ANY OTHERS COMPETENT THEREIN TO REMAIN FOR PRESENTATION AND IF NEEDFUL TO HAVE A DECREE INTERPONED HERETO THAT LETTERS OF HORNING ON SIX DAYS CHARGE AND ALL OTHER NECESSARY EXECUTION MAY PASS THEREAPON IN FORM AS OFFERS AND TO THAT EFFECT WE CONSTITUTE OUR PROCURATORS IN WITNESS WHEREOF THESE PRESENTS WRITTEN UPON THIS AND THE TEN PRECEEDING PAGES OF STAMPED PAPER BY GEORGE LIVINGSTON CLERK TO JOSEPH GORDON WRITER TO THE SIGNET AND ALEXANDER STUART CIRCUIT CLERK OF JUSTICIARY CARRYING ON BUSINESS UNDER THE FIRM OF GORDON AND STUART ARE SUBSCRIBED BY US AS FOLLOWS VIZ BY ME THE SAID JOHN HAY MACKENZIE AT EDINBURGH THE NINETEENTH DAY OF FEBRUARY ONE THOUSAND EIGHT HUNDRED AND THIRTY FIVE YEARS BEFORE THESE WITNESSES JAMES THOMSON GIBSON CRAIG AND JAMES MONCRIEFF MELVILLE WRITERS TO THE SIGNET AND BY ME THE SAID MRS MARIA MURRAY HAY MACKENZIE AT EDINBURGH THE EIGHTEENTH DAY OF MARCH AND YEAR AFORESAID BEFORE THESE WITNESSES THE SAID JAMES MONCRIEFF MELVILLE CHARLES HENRY BENNET MY SERVANT THE WORD NEXT ON THE FORTY FIRST LINE FROM THE TOP OF THE PAGE TENTH HEREOF BEING DELETED AND THE WORD LAST BEING SUPERINDUCED AND SUBSTITUTED FOR IT BEFORE SIGNING HAY MACKENZIE JAMES M MELVILLE WITNESS MARIA HAY MACKENZIE CHARLES BENNET WITNESS

SCOTTISH RECORD OFFICE RECORD REPOSITORY SCOTLANDS MAIN ARCHIVE AND LIBRARY LISTING RH REGISTER HOUSE PAPERS,RD REGISTER OF DEEDS BOOKS OF COUNCIL SESSION,RS REGISTER OF SASINES,RT REGISTER OF TAILZIES AND CHANCERY RECORDS PS PRIVY SEAL, RETOURS,SERVICE OF HEIRS AND SHERIFF COURT SERVICES

ORIGINAL TYPED EXTRACTS OF SIR ALEXANDER MACKENZIE OF ROYSTON CROMARTY GRANDVILLE TARBAT AND INTERFAMILY RELATIONSHIPS ON ESTATES IN THE NORTH OF ISLE OF SKYE SCOTLAND FOR PUBLIC RESEARCH HISTORY. http://www.scribd.com/USGADGE

 

 

 

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