Embedded Files
Paul Kay Foster Mackenzie's genealogy born 07/08/1957 a version on maternal side his mother Jane Sheila Foster
back to King Robert the BRUCE, same back to Robert the Bruce and Paul Kay Foster Mackenzie 9th great grandfather Earl of KINCARDINE FIFE SCOTLAND
DAVINCI CODE GHERARDINI FLORENCE GHERARDINI GHERARDINI FLORENCE CATALINA/CASTILE JOHN II BORN 1398
MEDINA DEL CAMPO SCOTTISH RECORD OFFICE ADVOCATE CHARLES TENNANT COUPER
https://1drv.ms/u/s!ApvA2v21TLcAgrM_MBC6Rkl87ahlGQ?e=qo3xdu
https://drive.google.com/file/d/1oW7U7mguiLxwiOq6EGJooyj1qUoxUfMA/view?usp=sharing
https://drive.google.com/file/d/1ARp5c6LC0zX42Ot_GITt-IsS7xNaByWo/view?usp=sharing
https://drive.google.com/file/d/1RGhp9pMCqYTuxZysRjVyC-7cS4El22SB/view?usp=sharing
https://drive.google.com/file/d/1oW7U7mguiLxwiOq6EGJooyj1qUoxUfMA/view?usp=sharing
https://drive.google.com/file/d/18macRp6AI3_nNtSl_gUZXBd3Xu4I2NmU/view?usp=sharing
https://drive.google.com/file/d/1Y9h39hy0o0wI_0gxYTLl6hJTQfuI18R9/view?usp=sharing
https://drive.google.com/file/d/1TaWZJTozV6ntDEsloXtdw14ZZfDXghrg/view?usp=sharing
https://drive.google.com/file/d/1--I42JZx5XgnlhJTFFCrgljbH3QVbqTR/view?usp=sharing
https://drive.google.com/file/d/1EYWFRPWa0YmkNy6HbVj8ugXqTj7rtSyz/view?usp=sharing
https://docs.google.com/document/d/16LG-Oiry2ldo_SrEFbTIDru44I3q0UwdNXs2W7H-WM0/edit?usp=sharing
https://drive.google.com/file/d/1Epj-OAXjjf8Vwr6vLapC71AreGFYB9s_/view?usp=sharing
https://docs.google.com/document/d/1goGKXGKHG6lCvirNR_AXJt3tW3TlCNx2SVkpKQwEz80/edit?usp=sharing
https://docs.google.com/document/d/1Yd9QvONogWBsvT_Wng95SVDHN26G5ai4nAUNbKfh9oU/edit?usp=sharing
CS 234 1 INDM 21 19 CS 234 1 INDM 21 19 CS 234 1 INDM 21 19
CS 234 1 INDM 21 19 CS 234 1 INDM 21 19 MACKAY ROTHSCHILDS CLARA DE BIE
CS 234 1 INDM 21 19 THE CONVERSATION HUDSON BAY COMPANY HAMILTON
MUMS UNCLE ANDREW FOSTER HAMILTON MUMS UNCLE ANDREW FOSTER HAMILTON
33 SARAH MIDDLETON MARRIED 1791 ALEXANDER MCKENZIE BORN INVERNESS
SONS OF THE AMERICAN REVOLUTION
MIDDLETONS DECLARATION WASHINGTON DC 3RD WIFE SARAH MIDDLETON QUARLES
REFERENCE RD 3 331 831 PAGE…DEED FROM SCOTTISH RECORD OFFICE EDINBURGH
ROBERT MCKENZIESOMETIMES IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY AND CAPTAIN GEORGE SACKVILLE SUTHERLAND RESIDI AT RHIVES WHEREAS THE SAID DECEASED COLONEL ROBERT MACKENZIE BY DISPOSITION AND DEED OF SETTLEMENT BEARING DATE THE TWENTY SIXTH DAY OF NOVEMBER EIGHTEEN HUNDRED AND TWO YEARS AND RECORDED IN THE BOOKS OF COUNCIL AND SESSION ( OFFICE W.B. ) THE THIRTIETH DAY OF JULY EIGHTEEN HUNDRED AND NINE GAVE GRANTED AND DISPONED TO AND IN FAVOUR OF ALEXANDER MACKENZIE HIS ELDEST LAWFUL SON WHOMFAILING AS THEREIN MENTIONED UNDER THE CONDITIONS AND WITH THE PROVISIONS THEREIN EXPRESSED ALL ESTATE AND EFFECTS REAL PERSONAL HERITABLE AND MOVEABLE THAT SHOULD PERTAIN AND BELONG TO HIM AT THE TIME OF HIS DEATH AND HE NOMINATED AND APPOINTED THE SAID ALEXANDER MACKENZIE WHOM FAILING THE PERSONS THEREIN MENTIONED TO BE HIS SOLE EXECUTORS AND MOREOVER AS HE JUDGED IT PRUDENT TO NAME TUTORS AND CURATORS TO THE SAID ALEXANDER MACKENZIE HIS SON AND TO ANY OTHER CHILD OR CHILDREN WHO MIGHT BE PROCREATED OF THE MARRIAGE TWIXT HIM AND ME THE SAID MRS KATHERINE MACKENZIE AND HAVING ENTIRE CONFIDENCE IN US THE SAID MRS KATHARINE MACKENZIE AND GEORGE SACKVILLE SUTHERLAND AND IN COLONEL LEWIS GRANT OF ACHAIRNOCH LATE IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY CAPTAIN CHARLES GRANT IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT COLONEL WILLIAM DUNCAN IN THE SERVICE OF THE HONOURABL EAST INDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICE OF THE SAID COMPANY AND SOMETIME AID DE CAMP TO THE MARQUIS WELLESBY AND COLIN MACKENZIE WRITER TO THE SIGNET ONE OF THE PRINCIPAL CLERKS OF SESION HE THEREFOR NOMINATED AND APPOINTED US AND THE SAID LEWIS GRANT CHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLIN MACKENZIE AND THE ACCEPTING SURVIVORS OR SURVIVOR OF US AND THEM TO BE TUTORS AND CURATORS TO THE SAID ALEXANDER MACKENZIE HIS SON AND TO SUCH OTHER CHILD OR CHILDREN AS MIGHT BE PROCREATED OF THE SAID MARRIAGE OF THE SAID ALEXANDER MACKENZIE AND FOR US AND IN OUR NAMES AS TUTORS AS AFORESAID TO INTROMET WITH AND ENTER ON THE POSSESSION AND MANAGEMENT OF THE WHOLE ESTATE AND EFFECTS REAL AND PERSONAL HERITABLE AND MOVEABLE OF EVERY DENOMINATION AND WHERESOEVER SITUATED WHICH PERTAINED TO THE SAID DECEASED COLONEL ROBERT MACKENZIE AND TO WHICH THE SAID ALEXANDER MACKENZIE HAS NOW RIGHT IN VIRTUE OF THE GENERAL DISPOSITION ABOVE NARRATED TO SUE FOR UPLIFT AND RECOVER ALL TO THE SAID DECEASED COLONEL ROBERT MCKENZIE AND ON PAYMENT TO GRANT RECEIPTS AND DISCHARGES FOR THE SAM WHICH SHALL BE AS VALID AND EFFECTUAL TO THE RECEIVER IF GRANTED BY US TO SETTLE COMPOUND AND TRANSACT FOR ALL DEBTS CLAIMS AND DEMANDS DUE AND UNPAID FROM THE ESTATE OF THE DECEASED COLONEL ROBERT MACKENZIE FOR WHICH SAID ALEXANDER MACKENZIE MAY ANYWAYS BE LIABLE AS REPRESENTING HIM AND TO PURSUE AND DEFENDABLE ACTION AT LAW THAT MAY BE NECESSARY FOR ASCERTAINING THE AMOUNTS OF THE SAID DEBTS AND SUMS OF MONEY DUE TO THE SAID DECEASED COLONEL ROBERT MACKENZIE AS WELL AS THE SUMS DUE AND UNPAID AFFECTING HIS ESTATE AND TO ENTER INTO GENERAL OR PARTICULAR SUBMISSIONS IN REGARDS TO SUCH DEBTS CLAIMS AND DEMANDS BINDING AND OBLIGING US AND THE SAID ALEXANDER MACKENZIE TO ABIDE BY AND IMPLEMENT AND FULFILL OUR PART OF THE AMICABLE DECISIONS AND DECREETS ARBITRAL TO BE PRONOUNCED IN SUCH SUBMISSIONS AND GENERALLY WITH FULL POWER TO OUR SAID FACTOR TO DO EVERY OTHER THING FOR EFFECTING A SPEEDY AND DISTINCT ARRANGEMENT OF THE AFFAIRS OF THE SAID DECEASED COLONEL ROBERT MACKENZIE AND BRINGING HIS ESTATE AND EFFECTS TO THE BEST ACCOUNT FOR BEHOOF OF THE SAID ALEXANDER MACKENZIE AND OUR OTHER PUPILS ABOVE NAMED THAT WE COULD DO OURSELVES AS TUTORS NOMINATE OR THAT IT IS LEGALLY COMPETENT FOR MARRIAGE DURING THE WHOLE PERIOD OF THEIR RESPECTIVE PUPILARITIES AND MINORITIES DECLARING THAT THE MAJORITY OF THE PERSONS THEREIN AND ABOVE NAMED ACCEPTING AND ALIVE AT THE TIME OR ANY ONE OF THEM ACCEPTING AND SURVIVING THE REST SHOULD BE A QUORUM AND WHEREEAS THE SAID LEWIS GRANT CHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLIN MCKENZIE HAVE DECLINED TO ACCEPT OR ACT UNDER THE NOMINATION OF TUTORS AND CURATORS ABOVE NARRATED SO THAT WE THE SAID MRS KATHARINE MACKENZIE AND GEORGE SACKVILLE SUTHERLAND ARE THE ONLY ACCEPTING TUTORS NOMINATED OF THE SAID ALEXANDER MACKENZIE AND OF ELIZABETH BAILLIE MACKENZIE MARGARET SUTHERLAND MACKENZIE AND JAMES SUTHERLAND MACKENZIE THE YOUNGER CHILDREN OF THE SAID COLONEL ROBERT MACKENZIE PROCREATED OF HIS SAID MARRIAGE ALL OF WHOM ARE MINORS WITHIN THE YEARS OF PUPILLARITY AND ON ENTERING ON THE ADMINISTRATION AND MANAGEMENT OF THE ESTATE WHICH PERTAINED TO THE SAID COLONEL ROBERT MACKENZIE FOR BEHOOF OF OUR SAID PUPILS TUTORS FORESAID WE FIND IT NECESSARY FOR THE PURPOSE OF SPEADILY AND EFFECTING EXTRICATINGTHE SAME BY PAYMENT OF THE DEBTS DUE BY THE SAID DECEASED COLONEL ROBERT MACKENZIE AND INVESTING THE RESIDUE OF THE SAID ESTATE IN THE MANNER MOST BENEFICIAL FOR OUR SAID PUPILS AND OTHERS CONCERNED TO APPOINT A FIT PERSON TO BE OUR AGENT AND FACTOR WITH POWERS TO BE OUR AGENT AND FACTOR WITH POWERS TO INTROMIT WITH THE SAME ESTATE AND EFFECTS FOR US AND IN OUR NAMES AS TUTORS FORESAID AND HAVING ENTIRE CONFIDENCE IN THE CAPACITY AND INTEGRITY OF JOSEPH GORDON WRITERTO THE SIGNET THEREFOR WE HAVE NOMINATED CONSTITUTED AND APPOINTED US WE DO HEREBY NOMINATED CONSTITUTE AN APPOINT THE SAID JOSEPH GORDON TO BE OUR AGENT AND FACTOR GIVING GRANTING AND COMMITTING POWER TO HIM FOR AND IN THE NAME FOR ANY FACTOR OR ANY AGENT TO DO IN THE LIKE CASE BINDING HEREBY AND OBLIGING US TO RATIFY CONFIRM AND APPOINT WHATEVER OUR SAID FACTOR SHALL LAWFULLY DO OR CAUSE TO BE DONE IN THE PREMISES AND DECLARING THAT HE SHALL NOT BE LIABLE FOR OMISSIONS BUT ONLY FOR HIS ACTUAL INTROMISSIONS OF WHICH BY ACCEPTING HEREOF HE SHALL BE BOUND AND OBLIGED TO RENDER A TRUE AND JUST ACCOUNT AS OFTEN AS REQUIRES AND WE CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OR ANY OTHERS COMPETENT THEREIN TO REMAIN FOR PRESENTATION AND FOR THAT EFFECT WE CONSTITUTE MR THOMAS THOMSON ADVOCATE PROCURATOR IN WITNESS WHEREOF THESE PRESENTS WRITEN UPON THIS AND THE TWO PRECEEDING PAGES OF STAMPTED PAPER BY ALEXANDER DUFF CLERK TO THE SAID JOSEPH GORDON ARE SUBSCRIBED BY US FOLLOWS VIZ. BY THE SAID CAPTAIN GEORGE SACKVILLE SUTHERLAND AT EDINBURGH THE 26/09/1809 YEARS BEFORE THESE WITNESSSES ALEXANDER STUART WRITER EDINBURGH ALEXANDER DUFF CLERK MRS KATHARINE MACKENZIE MILMOUNT 30/11/1809
BEFORE THESE WITNESSES MR JAMES MACGOWAN TEACHER MILMOUNT
MR JOHN MONTGOMERY POSTMASTER PARKHILL
SIGNED KATHARINE MACKENZIE GEORGE SUTHERLAND
WITNESSJAMES MACGOWAN
WITNESS JOHN MONTGOMERY
WITNESS ALEXANDER STUART ALEXANDER DUFF
carbon extrusions (5).odt
Descendants of
Descendants of
First Generation
First Generation
1. Alexander McKenzie .
Alexander married Mrs Catherine Nicholson in 1814. Catherine was born 1790's in Stenscholl Island Of Skye Scotland and died on 12 Apr 1867 in Stenscholl Island Of Skye Scotland.
Children from this marriage were:
+ 2 M i. Donald McKenzie was born in 1814 in Killiemuir Island Of Skye Scotland and died on 10 Feb 1882 in Kinglassie Fife Scotland, at age 68.
3 M ii. John McKenzie was born in 1818 in Stenscholl Island Of Skye Scotland.
4 M iii. Mary McKenzie was born in 1821 in Stenscholl Island Of Skye Scotland.
5 M iv. Norman McKenzie was born in 1823 in Stenscholl Island Of Skye Scotland.
6 M v. Alexander McKenzie was born in 1825 in Stenscholl Island Of Skye Scotland.
7 M vi. Roderick McKenzie was born in 1827 in Stenscholl Island Of Skye Scotland.
Roderick had a relationship with Peggy McLean on 21 Jan 1858 at the Manse Of Stenscholl After The Forms Of The Established Church Of Scotland.
8 M vii. Niel McKenzie was born in 1831 in Stenscholl Island Of Skye Scotland.
Niel married Peggy Rankin , daughter of Archy Rankin and Christy Mackenzie , on 13 Mar 1860 at the Manse Of Stenscholl After The Forms Of The Established Church Of Scotland.
Second Generation
Second Generation
2. Donald McKenzie was born in 1814 in Killiemuir Island Of Skye Scotland and died on 10 Feb 1882 in Kinglassie Fife Scotland, at age 68.
General Notes: donald mckenzie is found on census 1851,61,71 and 81 census kinglassie fife scotland on the 1871 census lists his offspring mary, cathrine,daniel and john all born kinglassie he had 2 illegitimate children alexander and janet born 9/10/1842 and 3/2/1844.mary 10/4/1849 catherine 1/8/1852 robert 30/11/1853 donald 14/4/1856 and john mckenzie born 22/9/1858 kinglassie fife scotland.
donald mckenzie who was married to helen brown has his occupation as road surfaceman and time of death is 9hours 30 minutes pm kinglassie aged 62 years died of paraplegia 2 years and bronchitis about 2 months as certified by harry d. hay doctor leslie, his son donald present lived at 26 pomarium road perth.
Donald had a relationship with Mrs Helen Brown on 9 Feb 1847 in Kinglassie Fife Scotland. Helen was born in 1823 in Hill Of Beath Fife Scotland and died on 7 Feb 1901 in Dalgety Fife Scotland, at age 78.
Their children were:
+ 9 F i. Mrs Mary McKenzie was born on 10 Apr 1849 in Kinglassie Fife Scotland and died on 2 Oct 1909 in Kirkcaldy Fife Scotland, at age 60.
Third Generation
Third Generation
9. Mrs Mary McKenzie was born on 10 Apr 1849 in Kinglassie Fife Scotland and died on 2 Oct 1909 in Kirkcaldy Fife Scotland, at age 60.
General Notes: mary mckenzie died 6 hours om. am at fok asylum cupar and usual address 100 st clair street kirkcaldy parents given daniel mckenzie and helen brown both deceased daniel is another name for donald and is found on other certificates as donald. mary died of softening, atrophy and dicease of vesicle of brain about 4 years as certified by a.r. turnbull.
Mary had a relationship with Mr John Foster on 10 Apr 1868 in Kirkcaldy Fife Scotland. John was born on 2 Mar 1847 in Wemyss Fife Scotland and died on 23 Oct 1909 in Kirkcaldy Fife Scotland, at age 62.
Their children were:
+ 10 M i. Sergeant Andrew Foster was born on 10 Sep 1868 in Kinglassie Fife Scotland and died on 22 Oct 1915 in Eastern Hospital, Hove, Brighton, East Sussex, at age 47.
Fourth Generation
Fourth Generation
10. Sergeant Andrew Foster was born on 10 Sep 1868 in Kinglassie Fife Scotland and died on 22 Oct 1915 in Eastern Hospital, Hove, Brighton, East Sussex, at age 47.
Noted events in his life were:
• death extracts: listings, 1915-1918, Kirkcaldy. his gravestone is in bennochy cemetary area 0.242 and a plaque in bethelfield church linktown church nicol street kirkcaldy and at the memorial gardens kirkcaldy his name is found with the fallen at the war memorial in the fifeshire advertiser six entries on 27 november 1915 reads on page 4 millitary funeral- on monday first the funeral of corporal a. foster of the 2/7 black watch takes place from 17 glasswork street to kirkcaldy cemetary. corpl. foster who was well known in kirkcaldy died suddenly at brighton of appendicitis and a number of his comrades are coming north for the funeral the pipers and firing party are be supplied by the highland cyclist battalion.
an acknowledgement page 8 of same newspaper fifeshire advertiser foster- mrs foster and family desire to thank the many freinds who have sent their floral tributes and sympathised with them in there recent sad bereavement 17 glasswork street kirkcaldy on 23 october 1915
on 30 october 1915 pte andrew foster 17 glasswork street 2/7 black watch.
on 13 november 1915 cpl. andrew foster 2 sup.coy 2/7 bw 17 glasswork street kirkcaldy died at brighton.
on 27 january 1917 a service list and 16 november 1918 final role of honour.
andrew was in the royal defence corps part of the black watch 3509 is his regimental number.
in the fife free press on 23 october 1915 listed in the birth marriages and deaths and on 5 august 1916 in the roll of the brave and again in the births marriages and deaths of the fife free press he can be found in a picture in the war album page 15 and in the soldiers died in the great war 1914-19 part 46 the black watch royal highlanders printed by his majesties stationery office. it is cited died at home and is the standard phrase for reporting died in the united kingdom.
Andrew had a relationship with Mrs Eliza Henderson , daughter of Andrew Henderson and Alison Brown , on 30 Dec 1892 at 13 west fergus place kirkcaldy. Eliza was born on 10 Oct 1869 in Overgate Kinghorn Fife and died on 22 Nov 1943 in 82 High Street Kirkcaldy Fife, at age 74.
Noted events in their marriage were:
• Marriage Banns: andrew foster, 1892, Kirkcaldy. after banns according to the forms of the united presbyterian church andrew then a floorcloth printer 12 elgin cottages pathhead dysart and eliza jane henderson linen factory worker 13 west fergus place kirkcaldy george johnston minister of the united presbyterian church upc. his sister ellen or helen mitchell nee foster a witness.
Their children were:
11 M i. Mr Thomas Henderson Foster was born on 14 Aug 1903 in House 122 Links Street 4Hours 10 Minutes Kirkcaldy Fife Scotland, died on 15 Mar 1978 in 1 Cullen Crescent Kirkcaldy Fife 0545hours, at age 74, and was buried in Crematorium Kirkcaldy Fife.
Noted events in his life were:
• death: house, 15 Mar 1978, 1 Cullen Crescent Kirkcaldy Fife. died coronary thrombosis age 74
Thomas married Mrs Jane whyte Thomson on 30 Sep 1932. Jane was born on 7 Apr 1911 in 129 Mid Street Sinclairtown dysart fife scotland, died on 21 Jan 1980 in Victoria Hospital Kirkcaldy Fife 0900 hours, at age 68, and was buried in Crematorium Kirkcaldy Fife.
Noted events in her life were:
• death: hospital, 21 Jan 1980, Victoria Hospital Kirkcaldy Fife. resided at 35 alford avenue kirkcaldy fife cause of death cerebrovascular accident, myocardial infraction. medical practioner L. Polak. age 68 years.
Thomas next married Mrs Wilhelmina (Mina) Whitecross Hutcheson on 4 Jul 1925 in Irregular Marriage At 6 Bank Street Edinburgh. Wilhelmina was born 1900 about and died on 8 Nov 1931 in 8 Peebles Street Kirkcaldy Fife.
Noted events in their marriage were:
• Marriage Banns: irregular marriage, 4 Jul 1925, Edinburgh. decree of declarator, warrant of sheriff-substitute of lothians and peebles dated 4th july 1925 thomas hendersons first wife registrar j.stetherington assistant registrar in the presence of david hutcheston 157 high street kirkcaldy and nettie shields 23 sutherland street kirkcaldy signed thomas foster cabinet works storekeeper bachelor wilhelmina whitecross hutcheson linen weaver spinster thomas foster lived at 17 glasswork street kirkcaldy his parents andrew foster linen winder deceased and elizabeth henderson parents of wilhelmina james hutheson shoemaker and jane burness.
Noted events in her life were:
• death: about, 11 Aug 1931, Kirkcaldy Fife Scotland. died age 32 of fever buried benochy cemetary kirkcaldy fife lair 379 on 11/11/1931 no headstone remaining parents james hutcheson occupation shoe maker of forfar and mother jane burness of arbroath.
12 M ii. Mr John Foster was born on 17 Oct 1893 in 173 High Street Kirkcaldy 5Hours Am and died on 9 Feb 1963 in 2 Grant Street Kirkcaldy Fife Scotland, at age 69.
Noted events in his life were:
• death: burial, 1963, Kirkcaldy. buried hayfield cemetary lair k94 catherine foster nee flemming bought lair his spouse age 69 years parents deceased andrew foster and elizabeth henderson
• Marriage Banns: john foster, 2 Oct 1922, Edinburgh. married 8 bank street edinburgh occupation railway clerk resided 17 glasswork street kirkcaldy age 26 andrew foster father deceased linen worker elizabeth henderson mother alice foster sister 67 high street kirkcaldy fife catherine fleming resided 19 kennoway road windygates
13 F iii. Mr Andrew Foster was born on 19 Feb 1896 in 19 Nicol Street Abbotshall Kirkcaldy Fife Scotland.
Noted events in her life were:
• Naturalization: andrew foster. married in toronto canada.
14 F iv. Alice Henderson Foster was born on 5 Dec 1899 in 19 Nicol Street Abbotshall Kirkcaldy Fife Scotland and died in 1976 in 41 Hallows Street Kirkcaldy Fife Age 76, at age 77.
Noted events in her life were:
• Marriage Notice: alice, 8 Aug 1921, Kirkcaldy. 17 glasswork street kirkcaldy age 22 signed charles ingliss united free church parents occupation andrew foster factory worker and present at marriage. alice lived also at 67 high street kirkcaldy fife.
magaret ramsay witness at her death.
CATHERINE NICHOLSON AND ALEXANDER MACKENZIE LISTED ON PAGE 128 HAD ISSUE ON THE GARAFAD ESTATE, STENSCHOLL, ISLE OF SKYE, SCOTLAND THE SEVEN CHILDREN, IN ORDER OF BIRTH WERE, DONALD, JOHN, MARY, NORMAN, ALEXANDER, RODERICK AND NIEL. DONALD ABOVE HAD ISSUE, JANET, MARY, CATHERINE, ROBERT, DONALD AND JOHN, SIX OFFSPRING. THERE ARE SETS OF DUPLICATE ANCESTRALCHRISTIAN/SURNAME PAIRS, 1 SET FROM FAMILY ONCE RESIDING ON THE FARM GARAFAD PLOT 19, 20 STENSCHOLL ISLE OF SKYE AND THE OTHER SET FROM A TOWN KNOWN AS KINGLASSIE IN FIFE SCOTLAND THE 2 SETS BEGINS WITH DONALD INCLUDING BROTHERS AND SISTERS AND DONALD COMES FROM MOTHER CATHERINE NICHOLSON, THAT THE NAMES CAN BE PAIRED AS THEY ARE IDENTICAL IN EACH SET OVER A PERIOD OF 100 YEARS APPROXIMATE AND COLLATED, THE SETS OF NAMES ARE SO THAT THEY BECAME CONNECTED TO THIS EXTENT, THESE NAME RELATIONSHIPS ARE FROM CATHERINES PARENTS SIDE AND FROM THE OTHER PARENT SIDE LIKE DEXTER AND SINISTER OR SEEN TO BE LIKEODD SIDE AND EVEN FROM A NUMERAL POINT OF VIEW, TABULATION OF PAIRED ANCESTRAL NAMES WITH CONSECUTIVE LINE EXTENSION BETWEEN EACH OTHER AT A STANDARD SETTING OF 6.472MM AS STARTING FROM THE FIRST CONNECTION TAKEN FROM THE SPACING IN THE ‘GOLDEN SECTION’ THE GOLDEN SECTION IS A SYSTEM AND THE DUPLICATE NAMES ARE PART OF THIS CONSTRUCTION, THEN FOLLOWING OF WITH UNUSUAL DISCOVERY, THAT THIS ENUMERATION OF SIZES BETWEEN THE NAMES FOLLOWING IN COARSE PROVIDED 6 SETS OF 3 NUMBERS, THAT REPEAT THEMSELVES AS FOLLOWS, 235, 253, 325, 352, 523 AND 532. THE LINES IN FIG.1REFER TO THE SPACING USED FOR PAIRING THE ODD AND EVEN NAMES ALL IN ORDER OF SUCCESSION AND THE LINES IN THE GOLDEN SECTION ARE THE DISTANCE IN BETWEEN THE DUPLICATE NAMES AND WHEN ENUMERATED AS FOLLOWS USING THESE PAIRED NUMBERS ENDED UP WITH THE 6 SETS OF 3 NUMBERS OF THE SAME FROM EACH SET, THEY ARE LIKE GRID REFERENCES AND ARE AS DEDUCED AS FOLLOWING NEXT. (2 PAIRED SETS FROM ANCESTRY CHART) ANCESTRAL CHART PLOT 19, 20 GARRAFAD STENSCHOLL ISLE OF SKYE SCOTLAND CHRISTIAN NAMES BORN SKYE PAIRED WITH SAME CHRISTIAN NAMES KINGLASIE FIFE SCOTLAND UNITED KINGDOM ROBERT MACKENZIE V OF ARDLOCH BORN 1743, SPOUSE IS KATHERINE ALEXANDER MACKENZIE OF TARBAT DIED 1839 CALCUTTA, INDIA NORMAN NICHOLSON FROM ISLE OF SKYE, SPOUSE IS JANET JANET MCLEAN FROM ISLE OF SKYE, SPOUSE IS NORMAN KATHERINE SUTHERLAND, SPOUSE IS ROBERT MACKENZIE OF ARDLOCH CATHARINE NICHOLSON DIED 1867 PLOT 19, 20 GARAFFAD, SKYE, SPOUSE ALEX DONALD MCKENZIE BORN 1815, ISLE OF SKYE MARY MCKENZIE BORN 1849, KINGLASSIE, FIFE, SCOTLAND, UK ANDREW FOSTER BORN 1868, KIRKCALDY, FIFE, SCOTLAND, UK THOMAS HENDERSON FOSTER BORN 1903, KIRKCALDY JANE SHEILA FOSTER BORN 1934, KIRKCALDY PAUL KAY ALAN THOMAS KAY ERIC JOHN KAY NAMES IN SKYE PAIR THEM WITH SAME NAMES FROM KINGLASSIE DUPLICATES. AND THE RESULT IS SAME THREE NUMBERS IN COMBINATION… 235 NORMAN-NORMAN = 57MM (7X57=399MM) + (25MM) = 424MM ALEXANDER –ALEXANDER = 57MM (424) + (64) = 488MM JANET-JANET = 57MM KATHARINE-KATHARINE = 57MM CATHARINE ROBERT-ROBERT = 57MM NAJ.K CRD. JM. NAJ. M. CRD J. ABBREVIATIONS DONALD -DONALD = 57MM (14) + (1) + (10) = 25. NAME COMBINATIONS, TRIPLES. (3) + (18) + (4) = 25. (14) + (1) + (10) = 25. (3) + (18) + (4) = 25. JOHN -JOHN = 57MM MARY – MARY = 25MM NORMAN ALEX JANET MARY CATHERINE ROBERT DONALD JOHN (32)+(06)+(01)+(51)+(51)+(06)+(06)+(06)+(06)=165 (165)+ (70) = 235 MARY 32MM MARY ALEX 06MM ALEX ALEX ALEX MARY MARY KATHY 01MM KATHY CATHERINE 51MM CATHY ROBERT 51MM ROBERT JANET 06MM JANET JANET JANET JOHN 06MM JOHN JOHN JOHN NORMAN 06MM NORMAN NORMAN NORMAN CATHERINE CATHY ROBERT ROBERT DONALD 06MM DONALD DONALD DONALD (06)+(13)+(13)+(19)+(25)+(32)+(57)+(70) = 235 ANOTHER COMBINATION OF THE PAIRED DUPLICATE NAMES, SKYE + KINGLASSIE PLACE AND THE RESULT IS SAME THREE NUMBERS IN COMBINATION… 235 MARY 32MM MARY ALEXANDER 06MM ALEXANDER ALEXANDER ALEXANDER MARY MARY KATHARINE 01MM KATHARINE CATHERINE 51MM CATHERINE ROBERT 51MM ROBERT JANET 06MM JANET JANET JANET JOHN 06MM JOHN JOHN JOHN NORMAN 06MM NORMAN NORMAN NORMAN CATHERINE CATHERINE ROBERT ROBERT DONALD 06MM DONALD DONALD DONALD AND THE RESULT IS SAME THREE NUMBERS IN COMBINATION… 532 17 NAMES NORMAN 64MM NORMAN ALEXANDER 45MM ALEXANDER JANET 45MM JANET KATHARINE CATHERINE 51MM CATHERINE ROBERT 51MM ROBERT MARY 32MM MARY JOHN 45MM JOHN DONALD 45MM DONALD ALEXANDER JANET NORMAN MARY MARY CATHERINE ROBERT JOHN DONALD TOTAL ABOVE: (384) + (84) + (64) = 532 SAME THREE NUMBERS REPEATING… 2 5 3 (57)+ (57) + (57) + (57) + (25) = 253 (57)+ (57) + (57) + (64) = 235 (57)+ (57) + (57) + (57) + (97) = 325 (57)+ (64) + (77) + (39) + (51) + (64) = 352 (57)+ (57) + (57) + (57) + (64) + (64) + (77) + (39) + (51) = 523 (57)+(57)+(57)+(57)+(57)+(19)+(25)+(32)+(70)+(06)+(70)+(25) = 532 PAIRED… NORMAN. ALEX. JANET. CATHY. ROBERT. DONALD. JOHN. MARY. (84)+ (77) + (70) + (64) + (57) = 352 (06)+ (13) + (13) + (19) + (25) + (32) + (57) + (70) = 235 (19)+(25)+(32)+(57)+(70)+(57)+(57)+(57)+(57)+(06) = 437 437 IS A NUMBER PART OF THE 70 WEEKS OF DANIELS PROPHESY PAIRING THE DUPLICATE NAMES AT ABOUT TYPE WRITER SETTING/SPACING THIS IS APPROXIMATE TO THE PHI NUMBER 1.618 X 4 = 6.472MM 16 X 6.472 = 103.552 SQAURE ROOT OF 5 + 1 DIVIDED BY 2 AND 5 = 2.23606798 + 1 = 3.23606 DIVIDED BY 2 = 1.618 THIS IS A PHI NUMBER ALSO WRITEN AS: (n power 2 = n + 1 or 1/n = n - 1) AN APPROXIMATE CALCULATION DOUBLING NAME NUMBERS 1.616 = 3.236 3.236 = 6.472 6.472 = 12.944 12.944 = 25.888 25.888 = 51.776 51.776 = 103.552 SAME NUMBER AS 16 X 6.472 = 103.552 THE LIMITS BETWEEN THE NAMES CAN BE LINES, TAKING THE FIRST POINT SPACE AS 6.472 6.5 NWN. STARTING AT: 1 – 2 = 6.472MM 1 – 3 = 13 1 – 4 = 19 1 - 5 = 25 1 – 6 = 32 1 – 7 = 39 1 – 8 = 45 1 - 9 = 51 1 – 10 = 57 1 -11 = 64 1 – 12 = 70 1 – 13 = 77 1 – 14 = 84 1 – 15 = 90 1 - 16 = 97 1 – 17 = 104 16 X 6.472 = 103.552MM A DEED IN THE SCOTTISH RECORD OFFICE, EDINBURGH REFERENCE RD 13 /149/657 BEARING DATE 26/11/1802, THEREIN WRITEN WB OFFICE, RECORDED 31 JULY 1809 ANOTHER DEED RECORDED SCOTTISH RECORD OFFICE REFERENCE RD 3 331 831 REGISTERED 09 DECEMBER 1809, RECORDED 30 JULY 1809, WRITEN 26 SEPTEMBER 1809 AND WITNESSED 30 NOVEMBER 1809 COUNTING DAYS BETWEEN THE DATES AS FOLLOWS. 26/11/1809 – 26/09/1809 = 325 DAYS EXCLUSIVE 325 DIVIDED BY 5 = 65 DAYS. 65 DAYS + 57 DAYS = 122 DAYS 4 DAYS LEFT IN SEPTEMBER + 31 DAYS IN OCTOBER + 30 DAYS IN NOVEMBER = 65 DAYS 30/07/1809 – 30/11/1809 = 122 DAYS 31/07/1809 – 26/09/1809 = 57 DAYS 22 DAYS REMAINING DECEMBER – 31/07/1809 = 235 DAYS 4 DAYS LEFT IN SEPTEMBER - 09/12/1809 = 74 DAYS 31/03/1809 – 30/06/1809 = 122 DAYS 31/07/1809 – 30/10/1809 = 122 DAYS 1 DAY FOR OCTOBER – 29/02/1809 = 122 DAYS SOME SIMILARITIES WITH PHI AND MAYAN NUMBERS 13, 25, 51, 64, 77, 90, 104 PHI NUMBERS 13, 26, 52, 65, 78, 91, 104, MAYAN NUMBERS ENUMERATE 16 OF THESE LINE EXTENSION = 873.4 DIVIDE 873.4 BY 12 VENUS REVOLUTIONS (PLANET VENUS) = 72.783 AND 72.783 X 5 = 363.9166 VENUS/EARTH DAYS 873.4/72.7830 = 12 VENUS REVOLUTIONS 873.4/8 = 109.75 218.348 X 4 = 873.392 873.4/8 = 109.175 8 X 72 = 582.264 5 X 72 = 363.916 582.264 – 363.916 = 218.348 218.348/2 = 109.174 363.9166 X 20 = 7278.332 7278.332/873.4 = 8.3333 873.4/8.3333 = 104.8499 104.8499/2 = 52.4249/2 = 26.2122/2 = 13.1062 13 + 6987.2 = 7000 8 X 873.4 = 6987.2 873.4 = 218.348 X 4 582.264 + 363.916 = 946.180 946.180/13 = 72.7830 946.180 – 873.400 = 72.78 6987.2/32 = 218.35 873.4 X 4 = 3493.6/109.175 = 32 5125 END OF THE 5TH SUN MAYAN CALANDAR DIVISION 3112BC + 2012 = 5125 5125/20 = 256.25 256.25/32 = 8.0078 8 X 32 256 SOME FACTS ABOUT THE NUMBER 104 2X PHI = 3.25 8 X PHI = 13 32 X PHI = 52 4 X PHI = 6.5 16 X PHI = 26 64 X PHI = 104 THE MORNING STAR VENUS AND SOME NUMBERS INCLUDING SOME OF ITS ORBIT CALCULATIONS INTO AN INFRASTRUCTURAL FRAMEWORK OF SOME ARTISTIC CHARACTER FROM A CALENDAR AND IS CENTRAL TO MAYAN MYTHOLOGY OF PAST AND FUTURE AND THE COSMOLOGICAL CYCLES ASSOCIATED WITH NUMEROLOGICAL ESTIMATIONS DEDUCED FROM CALCULATIONS THEREIN, A CALENDAR PREDICTED FUTURE RECURRENCES OF VENUS RISINGS, 2 BASIC CYCLES DEDUCED FROM THE CALENDAR, HAAB, KNOWN AS 365 DAYS, AND TZOLKIN ESTIMATED AT 260 DAYS AND THEY ARE COINCIDING IN TIME EVERY 52 YEARS WHICH IS CONSIDERED TO BE A CALENDAR ROUND A MULTIPLE OF 52 YEARS GIVES THE 64 X PHI = 104, THIS IS 1 VENUS ROUND OR 2 CALENDAR ROUNDS. 5 VENUS CYCLES = 8 YEARS, 13 VENUS CYCLES = 1 VENUS ROUND AND A FIVE POINTED STAR IS TRACED AROUND THE ECLIPTIC.
Statistical References Plot 19&20 Garafad, Stenscholl, Isle of Skye
Stenscholl (qs) the old parish church was dedicated to Saint Martin in the 1600`s the parishes of Stenscholl and Kilmaluag now called Kilmuir were united a parliamentary church was erected here in 1828 and the district comprising the old parish of Kilmartin was constituted a Quoad Sacra parish by the general assembly on 25th may 1833 the parish was disjoined from Kilmuir and Snizort by the court of teinds 14/7/1847. Reverent James M. Davidson minister of the Quoad Sacra parish of Stenscholl Skye residing at the manse of Stenscholl he was also tenant of lots 13 and 14 of the town Garrafada Kilmuir- Wester. The rights of the minister of the parish of Stenscholl are and are described as follows in the "6th Report of the Commissioners" for building churches in the highlands of Scotland the parish of Kilmuir Skye Stenscholl. The certificate of completion of the church and manse of Stenscholl bears date on the 9th March 1829. the land is conveyed to the commissioners by the right Honourable Sir Godfrey Bosville Macdonald, Baronet Lord Macdonald dated 22nd and recorded in the General Register of Sasines 29th December 1828.The extent of ground conveyed for the whole is 2 acres 3 roods 19 falls and 1 ellor thereby scots land measure it lies wholly within the farm of Gearrighfadda (Garafad) on the south side or right bank of the river Kilmartin which is the boundary of the said piece of land on the north and opposite to the farm of Stenscholl. Since 14/2/1882 reverent James Mackintosh Davidson who being solemnly sworn and examined in CS 46/101/1/1887 decree depones I am the minister of the Quoad Sacra parish of Stenscholl and have been so since 14th February 1882 my predecessor was Rev. B. Alexander Macdonald born 1816 son of John M. Benbecula pres.by Queen Victoria 8th February and ordained 30th April 1856 died unmarried 17 June 1881. And before him Donald Macdonald born 1800 son of James M. Torlum Benbecula and Christine Macdonald, died unmarried 5th July 1855 and before him Henry Beatson Presb. by William 1v 7th February 1837 and before him John Nicolson born 1780 son of Alexander N. Kylerhea died 4th January 1837. The charge is an A.S. charge which was erected 1828-29 the 6th report 11/10/1831 pages 28-29 reference to the glebe of the parish of Stenscholl. Alexander Macdonald solicitor at Portree and factor for Major Fraser of Newton Nairn Major Fraser is proprietor of the estate of Kilmuir purchased in 1855 from Lord Macdonald Staffin park forms part of the estate of Kilmuir the decree infers that Reverent James M. Davidson was on the valuation roll to the proprietor Major William Fraser of Newton, that in a decree, 14/1/1887 cs46/101/1/1887 McLeod and Fraser verses Davidson and Roderick Mackenzie of plot 20 and his brother Neil Mackenzie plot 19 as defenders for right of passage over Staffin park Stenscholl Kilmuir. Alexander Mackenzie married Catherine NICOLSON, born about 1791 Stenscholl Kilmuir Isle of Skye on census 1841-51-61 Kilmuir, Catharine died 12 April 1867 Stenscholl Skye, son Donald McKenzie born about 181 Killiemuir Skye.
RS 3 2788 3
Sasine, WILLIAM FRASER of Culbokie Inverness
AT EDINBURGH 23/5/1856 BETWEEN THE HOURS OF TWO AND THREE IN THE AFTERNOONTHE INSTRUMENT OF SASINE UNDER WRITEN WAS BY JAMES MASON SOLICITOR SUPREME COURTS EDINBURGH PRESENTED FOR REGISTRATION AND IS INGROSSED IN THE TWO THOUSAND SEVEN HUNDRED AND EIGHTY EIGHT BOOK OF THE NEW GENERAL REGISTER OF SASINES REVERSIONS AS FOLLOWS VIZ. AT EDINBURGH THERE WAS BY OR ON BEHALF OF WILLIAM FRASER ESQUIRE OF CULBOKIE LATE CAPTAIN IN THE SEVENTY SIXTH REGIMENT OF INVERNESSHIRE MILITIA PRESENTED TO ME NOTARY PUBLIC SUBSCRIBING A CHARTER OF SALE UNDER THE SEAL NOW USED FOR THE GREAT SEAL OF SCOTLAND AND BEARING DATE AS IN THE PRECEPT OF SASINE AND SEALING HEREINAFTER INSERTED BY WHICH CHARTER VICTORIA BY THE GRACE OF GOD OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND QUEEN DEFENDER OF THE FAITH GAVE AND GRANTED AND DISPONED AND FOR EVER CONFIRMED TO THE SAID WILLIAM FRASER AND HIS HEIRS AND ASSIGNEES WHOMSOEVER HERITABLY AND IRREDEEMABLY ALL AND WHOLE THE FOLLOWING PARTS AND PORTIONS OF THE LANDS AND BARONY OF MACDONALD VIZ. ALL AND WHOLE THOSE PARTS AND PORTIONS LYING TO THE NORTH OF THE MARCHS OF THE FARMS OR LANDS OF KINGSBURGH AND SCORRIEBRECK OF THE FOLLOWING PARTS AND PORTIONS OF THE SAID LANDS OF THE BARONY OF MACDONALD VIZ. THE TEN PENNY LAND KILLIEVAXTER IN TROTTERNISH WITH PARTS PENDICLES AND PERTINENTS ALL AND WHOLE THE 80 MERKS LANDS OF TROTTERNISH WITH CASTLE TOWERS FORTALICES MANOR PLACES MILLS MULTURES WOODS FISHING AS WELL OF SALMON AND AS WELL IN SALT WATER AS IN FRESH WATER MOUNTAINS HILLS MUIRS MARSHES COMMONTIES PRIVILEGES PASTURAGES PARTS PENDICLES ANNEXIS CONNEXIS OUTSETS COMPREHENDING OR CONSISTING THE SAID LANDS AND OTHERS OF THE ENTIRE OR ALMOST THE ENTIRE PARISH OF KILMUIR AND PART OF THE PARISH OF SNIGZORT IN THE ISLE OF SKYE OF SKYE ALL AS DESCRIBED IN THE ARTICLES AND CONDITIONS OF ROUP THEREOF DATED 30/5/1855YEARS AND WHICH NOT WITHSTANDING THE DESCRIPTION THEREIN AND ABOVE GIVEN FROM THE TITLE DEEDS OF THE ESTATE IT IS BY SAID CHARTERS AS IT WAS BY THE SAID ARTICLES AND CONDITIONS OF ROUP DECLARED SHOULD BE HELD TO COMPREHEND AND TO CONSIST OF THOSE PARTS AND PORTIONS OF THE SAID LANDS AND BARONY OF MCDONALD IN THE PARISHES OF KILMUIR AND SNZORTAND ISLAND OF SKYESITUATED AND LYING TO THE NORTH OF THE PRESENT MARCHES OF THE FARMS OF KINGSBURGH AND SCORRIEBRECK AS IN THE SAID FARMS ARE NOW POSSESSED BY MR DONALD MCLEODTHE PRESENT TENANT THEREOF AS THE SAID LINES OF MARCH WERE SOMETIME MARKED AND PITTED OFF BY ALEXANDER KENNETH MACKINNON ESQ. THE FACTOR FOR THE RIGHT HONOURABLE GODFREY WILLIAM WENTWORTH LORD MACDONALD AND NO OTHER LANDS AND THAT FREE FROM THE FETTERS OF THE CONTRACT OR DEED OF ENTAIL OF THE LANDS AND BARONY OF MCDONALD DATED THE 07/9/ AND 08/11/1726 AND REGISTERED IN THE REGISTER OF TALZIES ON THE 23/6/1836 MADE AND GRANTED BY AND BETWEEN MR KENNETH MACKENZIEADVOCATE OF THE ONE PART AND ALEXANDER MACDONALD ONLY SON THEN IN LIFE OF THE DECEASED JAMES MACDONALD BROTHER TO THE LATE SIR DONALD MACDONALDOF THAT ILK OF THE OTHER PART AND FREE OF ALL DEBTS DILEGENCES AND INCUMBRANCES AFFECTING THE SAID LANDS AND OTHERS ABOVE DESCRIBED UNDER ALL THE CONDITIONS PROVISIONS AND DECLARATIONS SPECIFIED AND CONTAINED IN THE ARTICLES AND CONDITIONS OF ROUP BEFORE MENTIONED WHICH ARE IN SAID CHARTER SPECIALLY REFERED TO BREVITATIS CAUSA AND WHICH TEN PENNY LAND OF KILLEVAXTER AND EIGHTY MERK LANDS OF TROTTERNISH AND OTHERS ABOVE DESCRIBED ARE PART OF THE LANDS AND BARONY OF MACDONALD CONTAINED IN A PRECEPT FROM CHANCERY DATED SEVENTH MAY EIGHTEEN HUNDRED AND THIRTY THREE FOR INFEFTING THE SAID RIGHT HONORABLE GODFREY WILLIAM WENTWORTH LORD MCDONALD THEREIN DESIGNED THE RIGHT HONOURABLE LORD GODFREY WILLIAM WENTWORTH MACDONALD OF THE ISLES BARONET OF MACDONALD LORD OF SLATE BARON MACDONALD IN THE SAID LANDS AND BARONY OF MACDONALD AS ELDEST SON AND NEAREST AND LAWFUL HEIR OF TALZIE AND PROVISION IN SPECIAL OF LIEUTENANT GENERAL LORD GODFREY BOSVILLE MACDONALD OF THE ISLES BARONET OF MACDONALD LORD OF SLATE BARON MACDONALD HIS FATHER AND INSTRUMENT OF SASINE FOLLOWING THEREON IN FAVOUR OF THE SAID RIGHT HONOURABLE GODFREY WILLIAM WENTWORTH LORD MACDONALD IN THE SAID LANDS AND BARONY OF MACDONALD DATED 15/05/1833 AND RECORDED IN THE GENERAL REGISTER OF SASINES AT EDINBURGH THE 11/07/1833AND WHICH LANDS AND OTHERS ABOVE DESCRIBED ARE BY THE SAID CHARTER DISUNITED FROM ALL AND SUNDRY EARLDOMS LORDSHIPS BARONIES AND OTHERS WHATSOEVER WHERE UNTO THEY WERE FORMERLY UNITED AND ANNEXED OR WHEREOF THEY WERE PARTS AND PERTINENTS TO BE HOLDEN THE SAID LANDS AND OTHERS OF THE CROWN IN FREE BLENCH FARM FEE AND HERITAGE FOR EVER FOR PAYMENT THEREFOR OF A PENNY SCOTS AT WHITSUNDAY YEARLY OF BLENCH DUTY IF ASKED ONLY WHICH CHARTER ONLY WHICH CONTAINS A PRECEPT OF SASINE IN THE FOLLOWING TERMS MOREOVER WE DESIRE ANY NOTARY PUBLIC TO WHOM THIS CHARTER MAY BE PRESENT TO GIVE TO THE SAID WILLIAM FRASER OR HIS FORESAIDS SASINE OF THE LANDS AND OTHERS ABOVE DESCRIBED AND THAT FREED FROM THE FETTERS OF THE CONTRACT OR DEED OF ENTAIL ABOVE REFERRED TO AND OF ALL DEBTS DILEGENCE AND INCUMBRANCES AFFECTING THE SAME IN WITNESS WHEREOF WE HAVE ORDERED THE SEAL NOW USED FOR THE GREAT SEAL OF SCOTLAND TO BE APPENDED HERETO OF THIS DATE AND THE SAME IS ACCORDINGLY APPENDED AT EDINBURGH THE 16/05/1856YEARS. ARCHIBALD MCNEILLDIRECTOR OF CHANCERY F.W.L.GORDON SUBSTITUTE KEEPER OF THE SEAL 24 POUNDS SCOTTS MONEY IN VIRTUE OF WHICH PRECEPT I HERBY GIVE SASINE TO THE SAID WILLIAM FRASER OF THE LANDS AND OTHERS ABOVE DESCRIBED AND THAT FREED FROM THE FETTERS OF THE SAID CONTRACT OR DEED OF ENTAIL BEFORE REFERED TO AND OF ALL DEBTS DILEGENCES AND INCUMBRANCES AFFECTING THE SAME IN WITNESS WHEREOF I HAVE SUBSCRIBED THESE PRESENTS WRITEN APON THIS AND THE TWO PRECEEDING PAGES BY ALEXANDER ARCHIBALD APPRENTICE TO JAMES MASON SOLICITOR SUPREME COURTS EDINBURGH BEFORE THESE WITNESSES THE SAID JAMES MASON AND ALEXANDER ARCHIBALD BOTH ABOVE DESIGNED PEIEGI WILLIAM MASONNOTARY PUBLIC JAMES MASONWITNESS ALEXANDER WITNESS COLLATED BY JAMES LINDSAY WRITTEN BY GEORGE Y. RUTHERFORD.
CS 235.11.misc-1 Trotternish Isle of Skye Scottish Record Office Edinburgh
Exceptions for Kenneth Mackenzie of Assint and his curators anent the lands of Trotternish belonging to the deceased Sir Donald Macdonald withdrawn 1719 McKenzie clerk T.G. Thom.Graem AD & DC signed exceptions for Kenneth Mackenzie of Assint and Colonel Alexander Mackenzie of Conansbay his curator for his interest against the possession taken or to be taken of the fourscore merk land Trotternish surveyed by order of the commissioners and trustees appointed for forfeited estates humbly presented in pursuance of the (Act quinto georgii) in the fifth year of George entitled act for enlarging the time to determine claims on the forfeited estates to the right honourable the lords of council and session to the intent his right and title to the said fourscore merk lands Trotternish holding by Sir Donald McDonald late of slate of the said excipient as superior thereof may in the terms of the act of the first of the king entitled act for encouraging all superiors vassals etc. be ascertained by the foresaid act of the first of the King entitled act for encouraging all superior vassals landlords and tenants in Scotland it is amongst other things enacted that if any subject of Great Britain holding lands of a subject superior in Scotland has been or shall be guilty of such high treason or treasons as are mentioned in the said act every such offender who shall be thereof dully convinced and attained shall be liable to the pains penalties and forfeitures of high treason and his lands or tenements held of any subject superior in Scotland shall recognise and return into the hands of the superior and the property shall be and is hereby consolidated with the superiority in the same manner as if the lands or tenements had been by the vassal resigned into the lands of the (superior ad perpetuam remanentiam) remaining there for ever and it is further enacted that if the superiors to whom the lands and tenements above mentioned are declared and ordained to belong shall not within six months to be reckoned form the time of the attainder of the offenders respectively obtain themselves infeft or do diligence really and without collusion for attaining possession in every such case the forfeitures shall belong to his majesty his heirs and successors by a subsequent act of the same year of his majesty’s reign entitled act for the attainder of George Earl of Marshal, William Earl of Seaforth and others of high treason unless they shall surrender themselves to justice by a day certain herein mentioned it is enacted that if the above persons and others therein named among whom is the said Sir Donald McDonald of Slate should not render themselves to one of his majesty’s justice of the peace on or before the last day of June 1716 then every of them not rendering himself as aforesaid should from and after the 13 of November 1715 stand and be adjudged attained of the said high treason to all intents and purposes whatsoever and should suffer and forfeit as a person attained of high treason by the laws of the land ought to suffer and forfeit
CS 235.11.misc- 2 Scottish Record Office Edinburgh
The estate of Seaforth was affected with many and various apprising’s all led before the year 1650 for sums far exceeding the value of the estate and whereof the legal was expired and which were purchased by Sir George Mackenzie of Tarbet afterwards Earl of Cromarty and certain other persons who upon the rights acquired by them did expede Infeftements in their own person as will appear by the charter under the great seal dated 30th September 1678 which is upon public record and their Infeftment following thereupon is dated the 15 of November 1680 and produced with the vouchers of my exceptions for ascertaining my right and title to the estate of Seaforth the said George Mackenzie and other persons denuded themselves of the said lands and estate in favour of Kenneth Mackenzie brother to sir George McKenzie of Rosehaugh in the year 1680 and the said Kenneth McKenzie disponed the same in favour of Isobel countess of Seaforth in the year 1681 who in virtue of her right possessed the said estate and pertinents thereof until the month of February 1715 upon the demise of the said Isobel countess of Seaforth the right of the said estate devolved upon the excipient as heir nearest protestant heir William late earl of Seaforth though a nearer heir by blood than the excipient being excluded by the act 23rd November 1700 entitled act for preventing the growth of poverty the fourscore merk land Trotterness lying within the parochial of Snizort Skye and sheriffdom of Inverness and which belonged to the said sir Donald McDonald late of slate now attained by the fore cited act are part and portion of the foresaid estate of Seaforth and were Holden by the said Sir Donald McDonald or his predecessors of----- Earl of Seaforth and the right of the superiority of the said lands is now in the person of the excipient by his title above deduced the said excipient as having thus right to the said four score merklands of Trotterness lying as said it did in pursuance of the foresaid act of parliament primo Georgii in the first year of George entitled act for encouraging superiors vassals etc. do diligence really and without collusion for attaining the possession of the said lands therefor the said excipient and his said curator as having right and title to the said fourscore merk land in manner aforesaid and by virtue of the above recited act of the first of his majesty’s reign entitled act for encouraging superiors vassals etc. does present the above exceptions humbly praying that his right may be declared and ascertained to the said fourscore merk land with parts and pertinents thereof and that the rents profits and issues thereto belonging and presently pay or that may be payable by the tenants tacks men or possessors thereof since the term preceding the said attainder and in all-time coming may be declared to pertain and belong to the excipient and that the commissioners and trustees appointed for forfeited estates may be discharged from disquieting and molesting the excipient in the peaceable possession thereof saving and reserving to the said excipient all and sundry his further allegations answers and replies which he may have or shall hereafter make use of in order to the further clearing and making good his right if need be Kenneth Mackenzie, Alex Mackenzie examined 31 July 1719 the lords having heard the within exceptions ordain the same to be intimate to the commissioners of enquiry at their office and recorded in the Particular Register appointed for that effect conform to the Act of Sederunt W.Erchnies J.P.L.
CS 235.11.misc-3 Scottish Record Office, Edinburgh
Depositions of Mr Alexander Mackenzie and Edward Callender 1720 answers for Mr Alexander Mackenzie one of the principal clerks of session the petition of the commissioners and trustees for sale of forfeited estates the said commissioners and trustees have exhibited a petition against the said Mr Alexander Mackenzie complaining of his refusing to give them an extract of a decree pronounced on an exception of Kenneth Mackenzie of Assint and Colonel Alexander Mackenzie of Conasbay his curator as superior of the lands of Trotterness late the property of the late Sir Donald Macdonald. and craving that he and his servant may be examined upon the matter contained in the said petition and that he may be ordained to give an extract of the process or to secure the trustees against future extradites and to ordain him to find caution for such damages as may arise to the trustees and that he may be censured and to produce the grounds and warrants of the process the said Mr Alexander Mackenzie will with great ease make answer to what is charged upon him and first he says there was an exception as to the lands of Trotternish exhibited in the manner mentioned in the petition and that there were answers putt in by the commissioners to the said exception but then he says that there was no such interlocutory sentence as mentioned in the petition pronounced by the court nor did he deliver a copy of such an interlocutor to Thomas Fordyce agent and doer for the trustees nor does he believe that Edward Callender his servant did deliver any such interlocutor or decree in the terms mentioned in the petition that what endeavours were used for obtaining an extract was a fruitless labour for reasons foresaid affirms that Assint who presented the exception did again withdraw his exception and quit any claim he thereby and this appears by what is writ on the back of the exception he is altogether unconcerned what may be the consequence of the petitioners want of an extract of a sentence that was never given that he neither has any such interlocutor nor does believe that any such ever was pronounced that he was willing to produce and lay before your lordships as now he has done the principal exception with the answer delivered nor is he concerned in the reasoning part of the petition where the petitioners would form an argument against him as if it were incredible that Assint would move an objection against himself though he believes the true reason was that when Assints procurators came to look into the diet of mails and duties obtained at his instance against the vassals they found that Sir Donald’s tenants were not called therein nor had he obtained himself infeft in the said lands in the terms of the act for encouraging superiors etc. and it is somewhat too subtle to say that if Assint has withdrawn anything tis suspected to be signed interlocutor for by the term "withdrawn" here nothing else could be meant but that Assint had waved or passed from his exception he says that he had not withdrawn the process nor any part of the process all is still extant and is herewith produced.
CS 235.11.misc- 4 Scottish Record Office, Edinburgh
As to what is alleged that the interlocutor was actually signed upon an agreement adduced from the act of regulation 1672 that does not concerned him no doubt the commissioners might have obtained protestation but they do not pretend that the same was sought and they might have got notice from the procurators comparing for them that the acceptant did wave his claim without any opposition on their side nor is it his business much to notice what is argued from the Presidents Roll it is sufficient for his exoneration to say that no such interlocutor was signed by the President and therefore he is not farther concerned he submits himself to one examination and to your lordships judgements after the examination is made and hopes that after trial the petition will be found groundless only this he must observe that seeing the petitioners pretend to have a copy of the interlocutor under Edward Calenders hand the same ought to have been produced and till it be produced he will beg leave to say that he has great difference thereof. Your Lordships may proceed to examination and trial when you please Mr Mackenzie is ready to make answers but in the meantime he expects that your lordships will ordain the copies of the interlocutor mentioned in the petition to be exhibited which he firmly believes was not delivered to Thomas Fordyce the agent Alexander Hay. upon the first day august 1m [1000] vijc [700] and nineteen years I Thomas Grame one of the Macers before the Right Honourable The Lords of Council and Session by virtue of and in obedience to the said lords their act of sederunt dated the fourteenth of July last for recording exceptions in a Particular Register conform to the act of parliament quinto Georgii in the fifth of George did pass with the witnesses after named and hereto subscribing to the office within the Parliament class of the Commissioners of inquire and trustees for disposing of forfeited estates and then and there did intimate to the commissioners and trustees that the exceptions for Kenneth McKenzie of Assint and his curators for the interest excipients were upon the thirty first day of July last presented to the said Lords of Session to the intent the said excipients their right and title to the fourscore merk lands of Trotterness might be ascertained and declared notwithstanding of the attainder or conviction of Sir Donald Macdonald of slate and late Earl of Seaforth and with the vouchers and instructions thereof are lodged and in the office of Mr Alexander Mackenzie one of the principal clerks of session where the same are to be seen this I did by leaving with and delivering a full double of the said exceptions an authentic copy hereof thereto subjoined within the said office to Alexander Monro housekeeper in absence of the said commissioners after I enquired if any of them were present and in the office at that time before and in presence of Archibald and Dugald Campbell’s both writers in Edinburgh and for the more verification hereof I the said witnesses subscribed these presents day and date said.
CS 235.11.misc- 5 Scottish Record Office, Edinburgh
Copy interlocutor Assint against Sir Donald McDonald lands Trotternish 1719 3 September 1719 the lords having advised the exceptions presented by Kenneth McKenzie of Assint and Colonel Alexander McKenzie of Cannasby his curator acts of parliament referred to therein answers for the public with the writs produced and debate they find that the acceptant hath right to the property of fourscore mark land of Trotterness lying within the parochial district and sheriffdom of -----------------which were Holden of the excipient as superior by the late Sir Donald McDonald who was attained of high treason by an act 1 Georgii of the 1st of George entitled an act for the attainder of George Earl Marshall and find the exceptant hath right to the rents profits and issues payable for the said lands from and since the 27th of June 1715 with the burden of proportion of the debts in the terms of the act of parliament 5 Georgii of the 5th of George entitled act for enlarging the time to determine claims on forfeit estates and that the public hath no right thereto and find discern and declare accordingly sic sub scribe itur thus it is subscribed James Erskine 4th February 1720 Lord Pencailland this is the copy of the alleged interlocutor stop which Alexander McKenzie one of the Clerks of Session his oath of this date relates Hamilton
CS 235.11.misc- 6 Scottish Record Office, Edinburgh
Answers from Mr Alexander Mackenzie to the petition given in by the trustees to forfeited estate 1720 4 February 1720 in the presence of the Lord Pencailland compared Alexander McKenzie one of the clerks of session and being solemnly sworn examined and interrogate in terms of the interlocutor of this date dispones that the deponent did never write any interlocutor sustaining the exception at the instance of Kenneth McKenzie of Assint and his curators against the public finding that the exceptant had right to the property of the lands of Trotternish which were Holden by the late Sir Donald McDonald of the exceptant and that it does not consist with his knowledge that any such interlocutor was write by any other of the clerks of session as mentioned in the petition and complaint offered in name of the commissioners and trustees for the sale of forfeited estates an alleged copy whereof is presently produced and marked by the lord examiner and that the deponent did never see any such interlocutor signed by the lord grange then president of the court of session which bears to be dated the third day of September last and that the deponent does not remember that any such interlocutor past in the said court of session and further produced the principal exception which has no signed interlocutor upon it except that of the last of July ordering the same to be intimated at the enquiry office and upon the back of the said exception there is written the word "withdrawn" with the deponents own hand and that it was not ordinary in other cases to sign that word "withdrawn" when there was no more upon it he also produces the execution of the said exception with two answers given in by public to the exception Alexander Mackenzie Hamilton presented by McKenzie of Assint and his curators one dated tenth of August and the other the third September last which are the only answers given in by the commissioners to the hail exceptions presented by Assint and depones he has no other grounds or warrant in relation to the said interlocutor nor does he remember that there were any writes produced relating to the lands mentioned in the said exception except such as were produced by the exceptants and taken up by them or their doers and this is the truth as he shall answer to god Alexander Mackenzie Hamilton
CS 235.11.misc- 7 Scottish Record Office Edinburgh
23 February 1720 Edward Callender servitor to Mr Alexander McKenzie one of the clerks of session and being solemnly sworn examined and interrogated in the terms of the interlocutor of the 4th February instant depones that he did not deliver to Mr Fordyce or to any other doer for the commissioners or trustees for forfeited estates the copy of the interlocutor mentioned in the said trustees their petition dated twenty first January last finding that Kenneth McKenzie of Assint and Colonel McKenzie his curator had right as superiors to the property of the lands of Trotternish which held of him by the late Sir Donald McDonald in so far as the deponent remembers and that he knows nothing of the giving out double of the said interlocutor to the said commissioners or their doers which copy of the said interlocutor as mentioned in the said petition is marked by the Lord Examiner and being examined and interrogated by the procurators of the said trustees if the paper presently produced by them and marked by the ordinary which contains an interlocutor in favour of Kenneth McKenzie in relation to the property of the lands and estate of Applecross which he claimed as superior of the said lands Edward Callender Hamilton and to which is adjected a memorial in these terms viz.. the like interlocutor is upon the other exceptions against the vassals mutatis mutandis necessary changes being made except these against whom the condescendence was given and whereon they are allowed a diligence to prove that the lands hold of Assint if the said papers marked as said it was the hand writing of the deponent and delivered by him to the said Thomas and depones that he did delivered the said paper to the best of the deponents memory to the said Thomas Fordyce or his servant as doers for the said commissioners and depones that he did never deliver any other copy of an interlocutor in relation to Assint right of property to the late Sir Donald McDonald lands Trotternish or the other vassals of the late Earl of Seaforth except what is above deponed on to the best of the deponents memorial and being interrogated if the dates written on the margins of the said paper be the true dates depones he does not know but is willing to produce the principal warrants themselves and that ordinarily the commissioners doers get copies of the interlocutors before the same were signed by the lord president and this is the truth as he shall answer to god Edward Callender, J. Hamilton Mr Carden procurator or for the said trustees declared that he has concluded his probation by the above oaths the lord ordinary is to report the same to the lord with his first convenience and allows the said procurators in the meantime to see the interlocutor as to the property of applecross to the end they may know the date thereof Hamilton.
carbon extrusions (5).odt
Clerks of the Court Of Session Edinburgh.pdf
Sergeant Andrew Foster & private Andrew Foster.. ancestor of Paul Kay
Service: Dress Tunic
The badges on his cap and collar definitely show that he is in the Royal Artillery, on the right side of the collar there is insignia a hare and an insect, this might denote a particular system in the artillery related with the field, single breasted tunic with nine polished brass buttons down the front, the collar was scarlet with rounded fronts and trimmed all round (top and bottom) sergeants wore gold trimmings instead of yellow. He also has star badges on his right sleeve which indicate that he is in a Volunteer Artillery unit, the star on his lower sleeve denote 5 years efficient service, his rank Sergeant, 3 stripes, 12 years in service to attain this rank, his medal might be long service or campaign medal, the volunteer long service medal (20yrs) They were like the TA of their time. The peaked cap he is wearing was adopted by the army c 1905. He is wearing the dress tunic; blue with red collar, which was discontinued around 1914 so the photo dates between 1905 and 1914, before 1914 Great war, many of ex-volunteers (usually aged 40-55) joined the National Reserve (formed 1912) and when war broke out these National Reservists were called up by spring 1915 and joined “Supernumerary Companies” of their local Infantry Battalion (in Fife the 2/7th Black Watch) and these companies of the 2/7th were stationed on the south coast around Brighton where he died, cause of death Appendicitis with abscess, Peritonitis, operated on 19 October 1915, this is my great-grandfather,the cap badge is Royal Artillery, they look similar in other county artillery regiments and differ according to the patent of the badge, his service number will not be the same as 3509, Lance corporal 2nd/7th Royal Highland as he is a sergeant earlier in another Regiment perhaps the (Black Watch) Kirkcaldy Battery of the Fife Artillery Volunteers (called the Fife RGA (Volunteers) around that time), with the Territorial Reforms of 1908 the old Volunteers were swept away although many of the men joined the new Territorial Force, the Kirkcaldy Battery became part of the Forth Royal Garrison Artillery (TF) the dress of all units of the Artillery were near identical, only the shoulder titles and piping colour varying. from Paul Kay born 07.08.1957, Kirkcaldy, Fife.
Resided:
1870, 64 Nicol Street, Kirkcaldy
1881, 12 Elgin Cottages, Dysart
1891, 12 Elgin Cottages, Dysart
1892, 12 Elgin Cottages, Dysart
1893, 173 High Street Kirkcaldy
1896, 19 Nicol Street, Kirkcaldy
1903, 122 Links Street, Kirkcaldy
Died 23.10.15
War: The Boer War.
General Botha at the Battle of Colenso on 15th December 1899 during the Boer War
General Botha at the Battle of Colenso on 15th December 1899
Date: 15th December 1899
Place: Colenso on the Tugela River in Northern Natal, South Africa.
Combatants: British against the Boers.
General Sir Redvers Buller the British commander at the Battle of Colenso on 15th December 1899 during the Boer War
General Sir Redvers Buller the British commander at the Battle of Colenso on 15th December 1899
Generals: General Sir Redvers Buller against General Botha.
Size of the armies: 16,000 British against 12,000 Boers.
Arms and equipment at the Battle
The London Gazette of 22nd December which states that from 2nd August 1908 the Fife Royal Garrison Artillery (Militia), is transferred as a unit of the Army Reserve and becomes the Fife Royal Field Artillery
The 1st Battalion of the Royal Warwickshire Regiment formed part of the 10th Brigade of the 4th Division, along with the 2nd Bn, the Seaforth Highlanders, 1st Bn, the Royal Irish Fusiliers and the 2nd Bn, the Royal Dublin Fusiliers
Resided:
1870, 64 Nicol Street, Kirkcaldy
1881, 12 Elgin Cottages, Dysart
1891, 12 Elgin Cottages, Dysart
1892, 12 Elgin Cottages, Dysart
1893, 173 High Street Kirkcaldy
1896, 19 Nicol Street, Kirkcaldy
1903, 122 Links Street, Kirkcaldy
Died 23.10.15
Kirkcaldy Battery of the Fife Artillery Volunteers (called the Fife RGA (Volunteers) around that time), with the Territorial Reforms of 1908 the old Volunteers were swept away although many of the men joined the new Territorial Force, the Kirkcaldy Battery became part of the Forth RGA (TF) the dress of all units of the Artillery were near identical, only the shoulder titles and piping colour varying.
His military career probably followed this route… joined the local volunteers and served a number of years (the star on his lower sleeve denote 5 years efficient service, his medal looks like the volunteer long service medal (20yrs) but could just as easily be a shooting or another volunteer medal) before giving it up a little before 1914 great war, many of ex-volunteers (usually aged 40-55) joined the National Reserve (formed 1912) and when war broke out these National Reservists were called up by spring 1915 and joined “Supernumerary Companies” of their local Infantry Battalion (in Fife the 2/7th Black Watch) and these companies of the 2/7th were stationed on the south coast around Brighton where he died, cause of death Appendicitis with abscess, Peritonitis, operated on 19 October 1915
The nearest I can find to an answer to your question is an entry in the London Gazette of 22nd December which appears to say that from 2nd August 1908 the Fife Royal Garrison Artillery (Militia), is transferred as a unit of the Army Reserve and becomes the Fife Royal Field Artillery
http://www.britishbadgeforum.com/forums/showthread.php?t=20932
The 1st Battalion of the Royal Warwickshire Regiment formed part of the 10th Brigade of the 4th Division, along with the 2nd Bn, the Seaforth Highlanders, 1st Bn, the Royal Irish Fusiliers and the 2nd Bn, the Royal Dublin Fusiliers. As Private R. G. Hill of the Warwicks would recall:
Records of the
Scottish Volunteer Force
1859-1908
BY
LIEUT.-GENERAL SIR JAMES MONCRIEFF GRIERSON
K.C.B., C.V.O., C.M.G., 231.
with a new introduction by
LAURENCE V. ARCHER
Frederick Muller Ltd
Pages 126-7
ROYAL GARRISON ARTILLERY VOLUNTEERS.
NOTES COMMON TO ALL THE CORPS.
IN the following records of individual corps they have been placed in the order of their precedence in the whole force of Volunteer Garrison Artillery, which numbered sixty-eight corps, in the United Kingdom, namely :—
9. 1st Edinburgh (City).
11. 1st Mid-Lothian.
13. 1st Banff.
17. lst Forfarshire.
30. 1st Renfrew and Dumbarton.
32. 1st Fife.
35. 1st Lanarkshire.
38. 1st Ayr and Galloway.
39. 1st Argyll and Bu..
43. 1st Caithness.
45. 1st Aberdeenshire.
46. 1st Berwickshire.
47. The Highland.
54. 1st Orkney.
The following changes of designation took place, and are common to all corps, to no mention of them has been made in the corps records:—
In 1882 all the Scottish artillery volunteer corps were "affiliated " to the " Scottish Division, Royal Artillery," but this involved no change in their titles.
By Army Order 166 of August 1891 the corps were termed " Volunteer Artillery Corps," and affiliated to the " Southern Division, Royal Artillery," but were not required to add the latter designation to their county titles. This affiliation to divisions was discontinued in 1901.
By Army Order 27 of February 1902 the corps were desig¬nated, e.g., "1st Edinburgh (City) Royal Garrison Artillery (Volunteers)."
Royal Garrison Artillery Volunteers. 127
The "companies" of volunteer artillery first raised were in 1860 designated " batteries," and this title they continued to bear till 1891, when by Army Order 234 of November they were termed " companies," in accordance with the nomen¬clature adopted for the regular garrison artillery. When " position," afterwards called " heavy," batteries were formed in 1889, the personnel of two " garrison batteries " had to be combined to man each. This led to confusion, so in 1892 these position batteries were made independent units, and by Army Order 218 of November 1892 a numbering was ordered by which, in corps composed entirely of position batteries or garrison companies, these were numbered from 1 onwards, and in corps composed partly of position batteries and partly of garrison companies the former were numbered first—e.g., 1st, 2nd, and 3rd,—the garrison companies being numbered in sequence, 4th, 5th, &c. Thus in the corps records the words " battery " and " company " are used before and after 1892 to designate the same unit, " position " or "heavy " battery being specially used to designate units of that nature. The "position" batteries were designated " heavy " by Army Order 120 of May 1902.
The uniform of the artillery volunteers has from the first been closely modelled on that of the Royal Artillery, therefore it has only been considered necessary to mention in the corps records the original uniforms of 1859-60, which varied consider¬ably according to the fancy of individual corps, but always were dark blue. It was only in 1878 that the scarlet Austrian knot and cap-band were ordered to be worn as the badges to distinguish the volunteer from the militia and regular artillery, and silver lace for officers and white metal buttons for all ranks were from the first worn. As a head-dress, the busby of the Royal Artillery was universally adopted in the "early sixties," and this was replaced in 1880-81 by the helmet, at first worn with a spike and afterwards with a ball. At the "Coming of Age Review in 1881 the 1st Edinburgh (City) and the 1st Renfrew and Dumbarton Artillery were the only corps which still wore the busby. The latter gave it up shortly afterwards, and the former was the only corps in Scotland which, till 1908, wore the head¬dress it assumed on its first formation.
Page 140
FIFESHIRE ROYAL GARRISON ARTILLERY
(VOLUTEERS)
(FIFE AND STIRLING.)
PLATE IV,
ORDER OF PRECEDENCE, 32
The Right Honourable. V. A. EARL OF ELGIN AND KINCARDINE,
Etc. March 26, 1902.
Headquarters—KIRKCALDY .
ON 27th November 1860 the 1st Administrative Brigade Fifeshire Artillery Volunteers, with head¬quarters at Kirkcaldy, was formed, and to it were attached, then or on their subsequent dates of forma¬tion, the following corps of Fifeshire Artillery Volun¬teers of one battery each, except the 8th, which at first had two :—
1st, Ferryport-on-Craig (Tayport), formed January 26, 1860.
2nd, Newport, formed April 13, 1860.
3rd, St Andrews, formed March 6, 1860. Uniform—blue long-skirted tunics with red collars and piping, four rows of black lace on the breast, and black Austrian knot, blue trousers with red piping, blue caps with turned-down peak, black band, and red piping, and white waist-belts. The officers had silver lace on their collars and silver shoulder-cords.
4th, Inverkeithing, formed March 3, 1860.
5th, Kirkcaldy, formed March 22, 1860. Uniform—blue long-skirted tunics bound with flat black braid, scarlet collars with silver grenade and black Austrian knot, blue trousers with black braid and red piping on both aides, caps like the 3rd Corps, with straight peaks, and brown pouch and waist-belts, the former with a badge of the Royal Arms, the latter with the Thane of Fife on the belt-plate.
Ith, Burntisland, formed February 20, 1860.
7th, Elie, formed March 8, 1860; headquarters transferred to Anstruther in 1872,
Page 141
8th,Leven, formed July 124, 1860, of two batteries. Uniform-
tunic as for the 3rd Corps (with silver cord on the collar)
trousers, cap, and belts as for 5th Corps. Reduced: to one and a half batteries in 1866 and to one battery in 1875..
9th, Dysart, formed September 19, 1860.
10th, East Wemyss, formed January 16,1862, out of the overflow of the 8th. Uniform as for the 8th.
11th, Kinghorn, formed April 30, 1863.
The uniforms of the corps not mentioned above were of the same type as that of the 5th ; some had broad red stripes on the trousers, some white and others brown belts, and all wore the peaked cap.
In 1863 the following corps of Stirlingshire Artillery Volunteers were added to the brigade :
1st, Grangemouth, formed Mlarch 27, 1860. Uniform—long
skirted blue tunic with four rows of flat black braid, red
collars with silver lace and black Austrian knot, blue
trousers with red stripes, round forage caps with red band
(piped with silver cord for officers), and brown belts.
2nd, Stirling, formed May 30, 1860, as one subdivision. In
creased to one battery April 17, 1861. Uniform as for
the 1st, but with white belts.
In 1863 the whole brigade adopted the regulation artillery tunic with scarlet cord, busby, and forage cap with scarlet band, and brown belts, which were discarded later for white. Helmets replaced the busby in 1881. In 1861, headquarters of the brigade were transferred to St Andrews, and in 1880 the brigade was consoli¬dated as the 1st Fifeshire Artillery Volunteers, head¬quarters at St Andrews, with thirteen batteries, the Fife batteries retaining their numbers as above, and the Stirlingshire corps becoming Nos. 12 and 13 Batteries. In 1882 the 7th Battery (Anstruther) was disbanded, and in its place a new 7th formed at St Andrews out of University students.
In 1889 a position battery of 16-pounder guns was
Page 142
issued to the corps and manned by the 3rd (St Andrews) Battery, and an extra personnel specially raised. In 1892 this became the 1st Position Battery, the Tayport (1st) Company became the 2nd, and the 2nd (Kirkcaldy, transferred thither from Newport on March 3, 1888) became the 3rd. Lieutenant J. N. Hotchkis of the 1st Fife R.G.A.V. served with the 18th Battalion Imperial Yeomanry during the South African War. On March 1, 1900, a new 14th Company was formed at Kirkcaldy, and in 1901 the 16-pounders of the position battery were replaced by 4.7 guns. In October 1906 headquarters were moved to Kirkcaldy.
The distribution of the corps till 1908 was, - 1st Heavy Battery and No. 7 Company, St Andrews ; No. 2 Company, Tayport ; Nos. 3, 5, and 14, Kirkcaldy ; No. 4, Inverkeithing; No. 6, Burntisland ; No. 8, Leven ; No. 9, Dysart ; No. 10, East Wemyss ; No. 11, King-horn ; No. 12, Grangemouth ; and No. 13, Stirling. Gun drill and gun practice were carried out with 4.7-in., 5-in., and 6-in. Mark VII. B.L. guns at Kinghornness, and with 6-in. Mark VII. guns at Carlingnose. The corps had 10 carbine ranges, and held also the Pilmuir Links range, near St Andresen, conjointly with the 6th Volunteer Battalion, Black Watch.
The lieutenant-colonels commandant have been-William Maitland M`Dougall of Scotscraig, Admiral, retired, Royal Navy, November 27, 1860.
John N. M'Leod, April 29, 1874.
R. Tod Boothby, late Major Forfar and Kincardine Artillery Militia, and from 1861 to 1879 Adjutant of the Brigade (hon. col.), June 28, 1882.
James William Johnston,' M.V.O., V.D. (hon. col.), November 19, 1892.
Robert C. Highet, September 30, 1907.
Colonel Johnston in one of three volunteer officers who marched past, at the Royal Reviews of 1860, 1881, and 190.5, always in the name corps.
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CLOSE ENCOUNTERS OF THE 3 KIND CS 234 1 INDM 21 19 CS 234 1 INDM 21 19 CS 234 1 INDM 21 19
CS 234 1 INDM 21 19 CS 234 1 INDM 21 19 MACKAY ROTHSCHILDS CLARA DE BIE
CS 234 1INDE 1978 anno domini Launderette roof... INDE COLLECTION INDE COLLECTION PRINGLE 31AREA51 USA
18891418 914 CS 235 1INMM RH91418612488160114 AT PORTMAHOMACH TARBAT GAZA 235,253,325,352,523,532 PENTAGON LEG 1SKM 120 degrees IN COURT SESSION EDINBURGH AT ISLE OF SKYE AT SAINT COLMAN CHURCH SCOTLANDSPEOPLE MACKENZIE ST CLAIR ROSSLYN LINK AT FORTROSE THCROS RENNES CODE Hugues de Payns 1st Grand Master KING OF JERUSALEM DAN GER JERUSALEM PLAQUE PIONEER PLAQUE DEGREE SYNC THE JERUSALEM RADIAL LINES THE RADIO PIONEER THOMAS BOWEN pi X 253 =794 PENITENTIARY EARTH SPOOK ENCOUNTERS THE PERMIATION TRANSFIGURED ZOOMED GOLGOTHA MESSAGE INSIDE TRAILING SPOOK ENCOUNTER 3 SPOOK
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.
TITLES ALEXANDER MACKENZIE OF TARBAT
Legal information
Robert Mackenzie of Milnmount, V of Ardloch
Description
In 1826 Lieut-Col. Alexander Mackenzie, eldest son of Colonel Robert Mackenzie of Milnmount, assumed the dormant baronetcies of Tarbat and Royston ALEXANDERMACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE, despite their having been forfeited under attainder in 1763. On his death without issue in 1841 his only brother Sir James Sutherland Mackenzie also assumed the titles. He died unmarried and insane on the 24 November 1858. The claim to which the present documents relate does not appear to have been pursued, and the baronetcies have remained dormant. The twelve items in this collection are in good condition, on aged paper, with occasional slight wear. Items Eleven and Twelve may be unconnected. ONE to THREE. Three Autograph Letters Signed (all 'Helen Filmer') from the Dowager Lady Filmer to King. All from 32 Chapel Street, Belgravia; 29 November and 2 and 20 December 1858. Totalling 5pp., 12mo, and the last two on mourning paper. All relating to her uncle's claim. In the first letter she writes: 'Inclosed is a part of a pedigree of my Uncle the only brother of my Mother, he is Heir-presumptive to a Sr. James Sutherland Mackenzie, a distant Cousin, who died on the 24th. Inst. at Kensington. My Uncle is now in Van Dieman's Land or Tasmania and trusts to me, & another friend to do all we can to secure his rights, in case of Sir J. S. Mackenzie's death - [.] The Title wd. be nothing, but there is a Hundred or two in the funds left to support the Title, wch. would be a great boon to my Uncle.' FOUR. The pedigree referred to in One, 'copied 29th Novr. 1858 | H[elen]. F[ilmer].' 2pp., 12mo. FIVE. Pedigree by King tracing the descent of 'Alexander Mackenzie | now in Tasmania or Van Diemens Land | only son 1858' and other sto the Earl of Seaforth. 1p., landscape foolscap 8vo. Folded up into a packed and docketted, under heading 'Mackenzie', with memoranda beginning: 'Saturday 5th Dec 1858 | Mr Carlisle called'. Last entry for 18 December. SIX. Draft copy of Autograph Letter Signed from King to William Anderson, Marchmont Herald. H[eralds] C[ollege]; 9 December 1858. 2pp., 4to. 'Will you kindly tell me what your charge will be for answering the Queries attached to the accompanying pedigree? My client is not desirous of incurring much expense'. The second page carries a brief Mackenzie family tree. SEVEN. Autograph Letter Signed ('Wm. Anderson | Marchmont Herald') from Anderson to King at the Herald's College, London. 53 General Register House, Edinburgh; 14 December 1858. 2pp., 12mo. Enclosing his 'Answers to your Queries' (Item Six), and with the second page carrying his itemised account, totalling £1 2s 8d. 'I should think, if the matter is properly followed up, by ascertaining the limitations of the different Patents, on the assumption that the Pardons removed all bar, and afterwards establishing the Claimants descent by Service, a Baronetcy would be got, and appearances really invite a fair trial.' EIGHT. 'Memorandum of Queries from Thomas W. King Esq. York Herald, and answers by William Anderson, Marchmont Herald | Edinburgh 13th December 1858'. 3pp., folio. 'Drawn & reported by | [signed] Wm. Anderson | Marchmont Herald'. NINE. Unsigned autograph memorandum by King. 18 December 1858. 1p., 12mo. 17 lines. Begins: 'Wrote to W. J. Carlisle Esq | 8 New Sq. Linc Inn | Sent him copy of the pedigree of the Baronets line with that of the Claimant's connection (as previously sent to Mr Anderson); also a copy annexed thereto of Mr Anderson's Report in answer to my 3 Queries.' TEN. Autograph Letter Signed ('W J Carlisle') from the solicitor W. J. Carlisle to King. On letterhead of 8 New Square, Lincolns Inn; 21 December 1858. 1p., 12mo. He has returned from Wales to find King's 'letter and Pedigree', and will 'carefully consider what you so soundly and ably have proposed'. ELEVEN. 'Carta Con: dnj Ricardi Prestoun de Haltrie militis. | dated 8th. June 1609', nineteenth-century copy by 'David Robertson, Solicitor, London'. 39pp., foolscap 8. N° de ref. de la librería 12561
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.
SIR ALEXANDER MACKENZIE OF SKYE TARBAT ROYSTON CROMARTY
sites.google.com/site/paulkayfostermackenziecorp/paulm594-1/book-1
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
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 Gordon& Hugh 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
It 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.
ANENT THE BRIEF DIRECTED FURTH OF HIS MAJESTIES CHANCERY FOR SERVING ALEXANDER MACKENZIE PRESENTLY IN THE MILITARY SERVICE OF THE HONORABLE EAST INDIA COMPANY NEAREST AND LAWFUL HEIR MALE OF PROVISION IN GENERAL OF WHILE SIR KENNETH MACKENZIE THIRD LAWFUL SON OF KENNETH MACKENZIE THIRD LAWFUL SON OF KENNETH MACKENZIE AFTERWARDS DESIGNED SIR KENNETH SECOND LAWFUL SON OF SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST SON OF SIR JOHN MACKENZIE OF TARBAT THE NEPHEW SON OF THE GREAT-GREAT GRANDFATHER OF THE SAID ALEXANDER MACKENZIE DATED THE NINTH DAY OF OCTOBER 1826 AND EXECUTED BY VIRTUE OF THE SHERIFFS PRECEPT AT THE MARKET CROSS OF TAIN HEAD BURGH OF THE SHERIFFDOM OF ROSS UPON THE DAY OF OCTOBER CURRENT BY J.F. FEUAST SHERIFF OFFICER BEFORE THESE WITNESSES JOHN ROSS AND ARCHIBALD WATSON SHAND INDWELLER IN TAIN ALL WHICH BEING BEING OPENLY LEAD IN JUDGEMENT AND VERIFIED BY THE OATHS OF THE OFFICER AND WITNESSES COMPEARED JOHN ANDERSON WRITER TO THE SIGNET AND JOHN MACKENZIE WRITER IN TAIN AS PROCURATORS AND ATTORNIES FOR THE SAID ALEXANDER MACKENZIE THE CLAIMANT BY VIRTUE OF A WRITTEN PROCURATORY EXECUTED BY JOSEPH GORDON ESQUIRE WRITER TO THE SIGNET COMMISSIONER APPOINTED BY THE SAID ALEXANDER MACKENZIE WITH SPECIAL POWER TO PURCHASE BRIEVES FOR SERVING HIM HEIR IN GENERAL OR SPECIAL TO ANY OF HIS ANCESTORS FOR THE PURPOSE OF ENABLING HIM TO CLAIM ANY ESTATE OF TITLE OF DIGNITY TO WHICH HE HAS RIGHT DATED THE FIFTEENTH DAY OF FEBRUARY EIGHTEEN HUNDRED AND TWENTY SIX YEARS AND AFTER PROCLAMATION WAS MADE IN THE COURT AND AT THE DOOR OF THE COURT HOUSE AS USE IS PRODUCED THE CLAIM OF SERVICE FOR THE SAID ALEXANDER MACKENZIE WHEREOF THE TENOR FOLLOWS- HONORABLE PERSONS AND GOOD MEN OF INQUEST I ALEXANDER MACKENZIE PRESENTLY IN THE SERVICE OF THE HONORABLE EAST INDIA COMPANY ELDEST LAWFUL SON OF THE DECEASED COLONEL ROBERT MACKENZIE OF THE SAME SERVICE WHO WAS ELDEST SURVIVING SON OF ALEXANDER MACKENZIE OF ARDLOCH ELDEST LAWFUL SON OF JOHN MACKENZIE OF ARDLOCH WHO WAS ELDEST LAWFUL SON OF ALEXANDER MACKENZIE OF ARDLOCH YOUNGER LAWFUL BROTHER GERMAN OF SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY SAY UNTO YOUR WISDOMS THAT SIR KENNETH MACKENZIE THIRD LAWFUL SON OF KENNETH MACKENZIE AFTERWARDS DESIGNED SIR KENNETH SECOND LAWFUL SON OF THE SAID SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST LAWFUL SON OF SIR JOHN MACKENZIE OF TARBAT THE NEPHEWS SON OR GRAND NEPHEW OF MY SAID GREAT GREAT GRANDFATHER DIED AT FAITH AND PEACE OF OUR SOVEREIGN LORD THE KING AND THAT I AM NEAREST AND LAWFUL HEIR MALE OF PROVISION IN GENERAL OF THE SAID WHILE SIR KENNETH MACKENZIE THE NEPHEWS SON OF MY SAID GREAT GREAT GRANDFATHER AND THAT I AM OF LAWFUL AGE THEREFOR I BESEACH YOUR WISDOMS TO SERVE AND ME NEAREST AND LAWFUL HEIR MALE OF PROVISION IN GENERAL OF THE SAID SIR KENNETH MACKENZIE THIRD LAWFUL SON OF KENNETH MACKENZIE AFTERWARDS DESIGNED SIR KENNETH SECOND LAWFUL SON OF SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MACLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST LAWFUL SON OF SIR JOHN MACKENZIE OF TARBAT THE NEPHEW SON OR GRANDNEPHEW OF MY GREAT GREAT GRANDFATHER AND TO CAUSE YOUR CLERK OF COURT TO RETOUR MY SERVICES TO HIS MAJESTIES CHANCERY UNDER THE MOST PART OF YOUR HANDS AND SEALS AS USE IS ACCORDING TO JUSTICE AND YOUR WISDOMS ANSWER SIGNED JOHN ANDERSON WS SIGNED JOHN MACKENZIE PER MANDATE AND THEREAPONCRAVED THAT THE SAID BRIEF CLAIM AND INSTRUCTIONS MIGHT BE REMITTED TO THE KNOWLEDGE AN ASSIZE WHICH DESIRE THE SAID JUDGE FOUND REASONABLE AND ALEXANDER TAYLOR ESQUIRE PROCURATOR FISCAL FOR THE EASTERN DISTRICT OF THE COUNTY OF ROSS FOR THE PUBLIC INTEREST AND ALL OTHER PARTIES HAVING INTEREST BEING THREE FOR SEVERAL TIMES CALLED AT THE BAR AND DOOR OF THE COURT HOUSE AND NONE APPEARING TO OBJECT THE SHERIFF REMIT THE FORESAID BRIEF PRECEPT EXECUTION CLAIM AND INSTRUCTIONS THEREOF TO THE KNOWLEDGE OF THE INQUEST FOLLOWING- VIZ, RODERICK MACKENZIE ESQ. OF KINCRAIG. CHARLES COCKBURN ROSS ESQ OF SHANDWICK. DUNCAN ROSS ESQ OF HAYFIELD. JOHN ROSS ESQ OF TAIN BANKER. WILLIAM MURRAY JUNIOR OF TAIN HUGH LESLIE ESQ. OF TAIN WRITER WILLIAM FRASER ESQ. OF TAIN WRITER DAVID ROSS ESQ. OF TAIN WRITER DONALD WILLIAMSON ESQ. OF TAIN WRITER JAMES ROBERTSON IN TAIN SURGEON JOHN MUNRO ESQ. OF TAIN ELDEST BAILIE JAMES ROSS ESQ. OF TAIN ONE OF THE BAILIES JOHN ROBERTSON ESQ. TAIN MERCHANT GEORGE MURRAY ESQ. TAIN MERCHANT JOHN MACLEOD ESQ. OF TAIN ONE OF THE BAILIES OF TAIN WHO BEING ALL SOLEMNLY SWORN PROCLAIMED WAS AGAIN CASTLEHAVEN AND EARL OF CROMARTY BROTHER GERMAN OF ALEXANDER MACKENZIE THE GREAT GREAT GRANDFATHER OF THE SAID ALEXANDER MACKENZIE ESQ THE CLAIMANT AND ORDAINED THE SAID SERVICE TO BE RETOURED TO HIS MAJESTYS CHANCERY CONFORM TO THE TERMS OF THE BRIEF IN DUE FORM OF LAW- AN EXTRACT OF WHICH BRIEF TO BE RETOURED TO THE SAID JOHN ANDERSON- AND JOHN MACKENZIE NOW PRODUCED ALONG WITH THE WHOLE WRITINGS AND DOCUMENTS OF EVERY DESCRIPTION BROUGHT FORWARD AND REHELD APON IN THE AFORESAID SERVICE OF SEVENTEENTH EIGHTEEN HUNDRED AND TWENTY SIX AS WELL THOSE FORMING THE RECORDS IN THE SHERIFF CLERKS HANDS AS THOSE BELONGING TO THE CLAIMANT AND GIVE IN BACK TO HIS SAID PROCURATORS AND THEY NOW FOUNDING UPON THE SAME CRAVED THAT THEY MIGHT AGAIN BE RECEIVED IN EVIDENCE- WHICH WAS DONE AND THEY HELD AS REPEATED BREVITATIS CAUSA AND THE SAID JOHN ANDERSON AND JOHN MACKENZIE FURTHER PRODUCED AND FOUNDED ON AN EXTRACT TRANSCRIPT FROM THE REGISTER OF THE GREAT SEAL BOOK EIGHTY NUMBER NINETY SIX OF THE DIPLOMA OF THE TITLE AND DIGNITY OF KNIGHT BARONET GRANTED BY QUEEN ANN TO MASTER KENNETH MACKENZIE THE SAID DESIGNED SECOND LAWFUL SON OF GEORGE EARL OF CROMARTY DATED AT KENSIGNTON 29TH APRIL ONE THOUSANT AND SEVEN HUNDRED AND FOUR YEARS BY WHICH HER MAJESTY ON THE NARRATIVE THAT CHARLES THE IST HAD GRANTED TO SIR JOHN MACKENZIE OF TARBAT AND HIS HEIRS MALE WHOMSOEVER THE RANK NAME DIGNITY AND STYLE OF BARONET BY DIPLOMA AND CHARTER AND CHARTER UNDER THE GREAT SEAL DATED AT WHITEHALL TWENTY FIRST DAY OF MAY ONETHOUSANT SIX HUNDRED AND TWENTY EIGHT AND GEORGE THE EARL OF CROMARTY THE ELDEST SON OF THE SAID SIR JOHN MACKENZIE APPREHENSIVE THAT THE SAID TITLE OF KNIGHT BARONET MIGHT BE LOST IN HIS DIGNITY OF EARL HAD AS HEIR MALE AFORESAID BY PROCURATORY OF RESIGNATION DATED RESIGNED THE ABOVE GRADE DIGNITY AND STYLE OF BARONET INTO HER MAJESTYS HANDS AS THE FOUNTAIN OF ALL HONOR AND DIGNITY IN FAVOUR AND FOR NEW DIPLOMA OF THE SAME TO BE GRANTED TO MASTER KENNETH MACKENZIE HIS SECOND LAWFUL SON AND TO HIS HEIRS MALE FOREVER AS AUTHENTIC INSTRUMENTS TAKEN THEREON PROPOSTED THEREFOR HER MAJESTY FOR HIS MANY GOOD AND FAITHFUL SERVICES GAVE GRANTED RENEWED AND CONFIRMED BY HER ROYAL GRACE FAVOUR AND PROROGATIVE IN DEED CONFESSION ET GD305/1/133/17 ASSIGNATION BY THE TRUSTEES OF THE LATE JOHN BAIN IN FAVOUR OF HIS GRACE THE DUKE OF SUTHERLAND. OF A BOND BY THE LATE JOHN HAY MACKENZIE AND MRS MURRAY HAY MACKENZIE HIS MOTHER FOR £3319 WE ALEXANDER WATSON WEMYSS ESQUIRE OF PILKENNY ALEXANDER SMITH MERCHANT IN ST ANDREWS ALEXANDER KYD LINDESAY ESQUIRE OF BALMUNGO AND WILLIAM WOODCOCK WRITER IN SAINT ANDREWS SURVIVING AND ACTING TRUSTEES NOMINATED AND APPOINTED BY THE NOW DECEASED JOHN BAIN AGENT FOR THE BANK OF SCOTLAND AT SAINT ANDREWS IN HIS TRUST DISPOSITION AND SETTLEMENT DATED THE THIRTY FIRST DAY OF JANUARY EIGHTEEN HUNDRED AND FORTY AND CODICILS THERTO DATED RESPECTIVELY THE FIRST DAY OF JANUARY EIGHTEEN HUNDRED AND FORTY AND CODICILS THERETO DATED RESPECTIVELY THE FIRST DAY OF JANUARY EIGHTEEN HUNDRED AND FORTY FOUR AND SEVENTH DAY OF AUGUST EIGHTEEN HUNDRED AND FORTY NINE AND ALL REGISTERED IN THE SHERIFF COURT BOOKS OF FIFE AT CUPAR THE FIFTH DAY OF MARCH EIGHTEEN HUNDRED AND FIFTY CONSIDERING THAT BY A BOND BEARING DATE THE NINETEENTH DAY OF FEBRUARY AND EIGGHTEEN DAY OF MARCH BOTH IN THE YEAR EIGHTEEN HUNDRED AND THIRTY FIVE MADE AND GRANTED BY JOHN HAY MACKENZIE OF CROMARTY NOW DECEASED AND BY THE HONOURABLE MRS MARIA MURRAY HAY MACKENZIE OF CROMARTY MOTHER PROCEEDING ON THE NARRATIVE THEREIN SET FORTH THEY ACKNOWLEDGED CONFESSED AND DECLARED THEMSELVES AND THE HEIRS OF TALZIE SUCCEEEDING TO THEM IN THE LANDS AND ESTATE OF CROMARTY TO BE JUSTLY ADDEBTED AND RESTING OWING TO SIR ALEXANDER MACKENZIE OF TARBAT BARONET THEN IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY WHO WAS THE ELDEST AND ONLY BROTHER OF SIR JAMES SUTHERLAND MACKENZIE OF ROYSTON BARONET AND OTHER HEIRS OF ENTAIL OF ROYSTON AS THEREIN AND HEREAFTER MENTIONED THE PRINCIPLE SUM OF THREE THOUSANT THREE HUNDRED AND NINETEEN POUNDS FIVEPENCE AND ONE THIRD OF A PENNY STERLING WITH THE LAWFUL INTEREST THEREOF FROM AND SINCE THE TERM OF WHITSUNDAY THEN LAST EIGHTEEN 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 FIVE PENCE AND ONE THIRD OF A PENNY STERLING FROM THE SAID TERM OF WHITSUNDAY EIGHTEEN HUNDRED AND THIRTY FOUR TO THE SAID TERM OF PAYMENT OF THE PRINCIPAL SUM AND THEREAFTER SO LONG AS THE SAID PRINCIPAL SUM REMAINED UNPAID AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTIMAS BY EQUAL PORTIONS BEGINNING THE FIRST TERMS PAYMENT OF THE SAID INTEREST AT THE TERM OF MARTIMAS EIGHTEEN HUNDRED AND THIRTY FOUR AND THE NEAREST TERMS 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 SAID PRINCIPAL AND THAT AT EDINBURGH IN THE OFFICE OF THE BANK OF SCOTLAND WITH ONE FIFTH PART MORE OF THE SAID INTEREST OF LIQUIDATE PENALTY IS FOR EACH TERMS FAILURE IN PAYMENT OF THE SAID INTEREST AT THE TERMS ABOVE MENTIONED AS THE SAID BOND CONTAINING A CERTAIN DECLARATION IN THE END THEREOF IN ITSELF BEARS: AND FURTHER CONSIDERING THAT THE SAID SIR JAMES SUTHERLAND MACKENZIE ACQUIRED RIGHT TO THE FORESAID BOND AND SUMS OF MONEY THEREBY DUE CONFORM TO RETOUR OF HIS SERVICE AS NEAREST AND LAWFUL HEIR MALE OF TALZIE AND PROVISION UNDER THE SAID DISPOSITION AND DEED OF ENTAIL OF THE ESTATE OF ROYSTON AND ALSO AS NEAREST AND LAWFUL HEIR MALE AND NEAREST AND LAWFUL HEIR MALE AND NEAREST AND LAWFUL HEIR MALE IN GENERAL OF PROVISION OF THE SAID ALEXANDER MACKENZIE HIS ONLY BROTHER WHICH SERVICE WAS EXPEDE BEFORE THE BAILIES OF THE BURGH OF EDINBURGH ON THE 17 DAY OF SEPTEMBER EIGHTEEN HUNDRED AND FORTY ONE AND DULY RETOURED TO CHANCERY AND WITHER CONSIDERING BY A CONTRACT OF SALE BEARING DATE SEALED AND DELIVERED THE TWELFTH DAY OF OCTOBER EIGHTEEN HUNDRED AND FIFTY ENTERED INTO BETWEEN THE SAID SIR JAMES SUTHERLAND MACKENZIE AND EDWARD SUTHERLAND STEWARD AND STOREKEEPER OF THE ROYAL HOSPITAL CHELSEA CAPTAIN UNATTACHED THE SAID SIR JAMES SUTHERLAND MACKENZIE IN CONSIDERATION OF THE PRICE THEREIN STIPULATED AND WITH AND UNDER THE CONDITIONS PROVISIONS DECLARATIONS AND RESERVATIONS THEREIN WRITTEN INTER ALIA SOLD TO THE SAID EDWARD SUTHERLAND AND HIS HEIRS EXECUTERS AND ASSIGNEES WHOMSOEVER ALL AND WHOLE THE AFORESAID SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE AND ONE THIRD OF A PENNY STERLING WITH INTEREST AND PENALTIES AS CONTAINED IN AND DUE BY THE BOND ABOVE RECITED WITH THE INTEREST THEREON FROM THE TERM OF WHITSUNDAY EIGHTEEN HUNDRED AND FIFTY AND PENALTIES SAME TERMLY FAILURES IF INCURRED TOGETHER WITH ALL RIGHT TITLE AND INTEREST AND CLAIM OF RIGHT INTEREST AND PROPERTY WHICH THE SAID SIR JAMES SUTHERLAND MACKENZIE OR HIS ANCESTORS PREDECESSORS AUTHORS OR HEIRS AND SUCCESSORS HAD OR COULD ANYWISE CLAIM OR PRETEND TO THE SAID SUM AND DOCUMENT OF DEBT OR TO ANY PART OR PORTION OF THE SAME AND THE SAID SIR JAMES SUTHERLAND MACKENZIE BY THE SAID CONTRACT OF SALE BOUND AND OBLIGED HIMSELF AND HIS HEIRS AND SUCCESSORS IN THE SAID SUM AND DOCUMENT OF DEBT UPON HIS RIGHT TO SELL AND ALIENATE THE SAID SUM AND OTHERS THEREIN BEING FINALLY ASCERTAINED AND DETERMINED IN ONE OR OTHER OF THE WAYS THEREIN MENTIONED AND UPON RECEIVING PAYMENT OF THE PRICE OF THE SAID SUMS DOCUMENTS AND OTHERS AS THEREIN STIPULATED TO EXECUTE AND DELIVER A FORMAL AND VALID DISPOSITION AND ASIGNATION OR OTHER SUITABLE DEED OF CONVEYANCE OF THE SAID SUM DOCUMENT AND OTHERS TO THE SAID EDWARD SUTHERLAND AND HIS FORESAIDS CONTAINING CLAUSE OF ABSOLUTE WARRANDICE SO FAR AS REGARDS THE TITLE OF THE SAID SIR JAMES SUTHERLAND MACKENZIE AND CLAUSE OF WARRANDICE FROM FACT AND DEED ONLY SO FAR AS REGARDS THE SAID DEBT AND ASSIGNATION TO THE ANNUAL RENTS THEREOF FROM AND AFTER THE TERM OF WHITSUNDAY EIGHTEEN HUNDRED AND FIFTY ASSIGNATION TO THE WRITS AND EVEDENTS OF THE SAID SUM AND OTHER USUAL AND NECESSARY CLAUSES AND THE SAID SIR JAMES SUTHERLAND MACKENZIE BY THE SAID CONTACT OF SALE ENGAGED AND THEREBY BOUND HIMSELF IMMEDIATELY AFTER THE EXECUTION THEREOF TO INSTITUTE AN ACTION OF DECLARATION OR OTHER JUDICIAL PROCEEDING FOR ASCERTAINING HIS RIGHT TO SELL THE SAID SUM 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 DEED OF ENTAIL CHARTERS AND OTHER WRITINGS AND INVESTETURES THEREOF AND INTERESTED THEREIN IN VIRTUE OF THE SAID ENTAIL AND ON THE OTHER HAND THE SAID EDWARD SUTHERLAND BY THE SAID CONTRACT OF SALE BOUND AND OBLIGED HIMSELF AND HIS HEIRS EXECUTERS SUCCESSORS AND REPRESENTATIVES WHATSOEVER TO PAY TO THE SAID SIR JAMES SUTHERLAND MACKENZIE AND HIS HEIRS EXECUTERS OR ASSIGNEES EXCLUDING ALWAYS HIS HEIRS OF TAILZIE AND PROVISION IN THE SUMS AND DOCUMENTS THEREIN DESCRIBED INCLUDING INTER ALIA THE SAID SUM OF THREE THOUSANT THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE AND ONE THIRD OF A PENNY THE SUM OF FOUR THOUSANT ONE HUNDRED POUNDS STERLING AS THE AGREED ON PRICE OF THE SAID SUMS DOCUMENTS AND OTHERS AND THAT AS AT THE TERM OF WHITSUNDAY EIGHTEEN 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 ONE QUARTER PER ANNUM FROM THE SAID TERM OF WHITSUNDAY EIGHTEEN HUNDRED AND FIFTY UNTIL THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER THE RIGHT OF THE SAID SIR JAMES SUTHERLAND MACKENZIE AND OTHERS SHOULD BE FINALLY ASCERTAINED AND DETERMINED IN ONE OR OTHER OF THE WAYS THEREIN MENTIONED AND THE LEGAL INTEREST OF THE SAID PRICE THEREAFTER DURING THE NOT PAYMENT AND WHICH INTEREST SHOULD BE PAYABLE AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS IN MANNER THEREIN MENTIONED AS THE SAID CONTRACT OF SALE CONTAINING SUNDRY OTHER CONDITIONS AND DECLARATIONS IN ITSELF BEARS AND FUR: SUTHERLAND MACKENZIE RAISED AN ACTION OF DECLARATION AT THE INSTANCE BEFORE THE LORDS OF COUNCIL AND SESSION THE SUMMONS IN WHICH IS DATED AND SIGNETED THE THIRTIETH DAY OF OCTOBER EIGHTEEN HUNDRED AND FIFTY AGAINST THE SAID EDWARD SUTHERLAND AND ALSO AGAINST JOHN MACKENZIE ESQUIRE TACKSMAN OF ACHTO NEAR BONAR BRIDGE IN THE SHERIFFDOM OF SUTHERLAND ROYSTONE MACKENZIE ESQUIRE RESIDING AT BARRA IN THE ISLAND OF SKYE AND KENNETH MACKENZIE AND WILLIAM MACKENZIE SONS OF THE SAID ROYSTONE MACKENZIE AS ADMINISTRATOR IN LAW FOR HIS SAID SONS WHO WERE MINORS AND THEIR TUTORS AND CURATORS IF THEY ANY HAD FOR THEIR INTEREST BEING THE WHOLE KNOWN AND EXISTING HEIRS SUBSTITUTE TO THE SAID LANDS AND BARONY OF ROYSTONE AND OTHERS AND INTER ALIA TO THE FORESAID SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENNCE AND ONE THIRD OF A PENNY AND HAVING AN INTEREST IN THE SAME HEIRS OF TAILZIE UNDER THE SAID DISPOSITION AND DEED OF ENTAIL AND ALSO AGAINST CERTAIN OTHER PERSONS IN THE SAID SUMMONS FOR THEIR INTEREST WITH WHICH SUMMONS AND ACTION A PROCESS OF SUSPENSION OF A THREATENED CHARGE AT THE INSTANCE OF THE SAID EDWARD SUTHERLAND WAS CONJOINED AND IN WHICH CONJOINED PROCESS THE LORDS OF COUNCIL AND SESSION UPON THE 24/6/1851 PRONOUNCED A DECREE WHEREBY THEY FOUND DESCERNED AND DECLAIRED THAT THE DISPOSITION AND DEED OF TAILZIE OF THE LANDS AND BARONY OF ROYSTON LIBELLED WAS INVALID AND INEFFECTUAL AS REGARDS THE PROHIBITION AGAINST SALE OR ALIENATION THE SAME NOT HAVING BEEN FENCED BY A VALID OR SUFFICIENT IRRITANT CLAUSE AND FOUND THAT THE SAID TAILZIE BEING INVALID AND INEFFECTUAL AS REGARDS THE PROHIBITION AGAINST SALE OR ALIENATION MUST IN TERMS OF THE STATUTE ELEVENTH AND TWELFTH VICTORIA CHAPTER THIRTY SIX BE DEMED AND TAKEN TO BE INVALID AND INEFFECTUAL AS REGARDS ALL THE PROHIBITIONS AGAINST ALIENTATION CONTRACTION OF DEBT AND ALTERATION ALTERATION OF THE ORDER OF SUCCESSION AND FOUND THAT INTER ALIA THE SAID SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE AND ONE THIRD OF A PENNY SET FORTH IN THE SAID SUMMONS WAS TO BE DEALT WITH IN ALL RESPECTS AS THE SAID LANDS AND BARONY OF ROYSTON AND OTHERS MIGHT HAVE BEEN DEALT WITH UNDER THE SAID TAILZIE OR AS ANY OTHER LANDS MIGHT HAVE BEEN DEALT WITH IF SUCH LANDS HAD BEEN PURCHASED WITH THE SAID SEVERAL SUMS AND HAD BEEN ENTAILED IN TERMS OF THE SAID TAILZIE THEREFOR THE SAID LORDS FOUND AND DECLARED THAT THE SEVERAL SUMS THEREIN MENTIONED AND THE BONDS BILLS AND DOCUMENTS CONNECTED THERE WITH INCLUDING THE AFORESAID SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE AND ONE THIRD OF A PENNY AND THE BOND THEREFOR ABOVE RECITED NOW BELONG TO THE SAID SIR JAMES SUTHERLAND MACKENZIE AS HEIR UNDER THE SAID TAILZIE SUBJECT AND LIABLE TO HIS DEBTS AND DEEDS AND THAT NO ACTION OF FORFEITURE WAS NOW OR SHOULD BE COMPETENT AT THE INSTANCE OF THE DEFENDERS CALED IN THE SAID ACTION OR ANY OTHER HEIRS SUBSTITUTE UNDER THE SAID DISPOSITION AND DEED OF TALZIE AGAINST THE SAID SIR JAMES SUTHERLAND MACKENZIE AS HEIR IN POSSESSION BY REASON OF HIS HAVING CONTRAVENED OR OF HIS THEREAFTER CONTRVENING ALL OR ANY OF THE PROHIBITIONS CONTAINED IN THE SAID DISPOSITION AND DEED OF TAILZIE ALSO FOUND DESCERNED AND DECLARED THAT THE SAID SIR JAMES SUTHERLAND MACKENZIE HAD AND HAS FULL RIGHT TO SELL THE WHOLE OR ANY PART OF THE LANDS AND BARONY OF ROYSTON AND OTHERS COMPREHENDED IN THE SAID DEED OF ENTAIL AND THE SEVERAL SUMS OF MONEY AND OTHERS THEREIN MENTIONED INCLUDING AFORESAID SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE AND ONE THIRD OF A PENNY AS SURROGATED AND SUBSTITUTED THEREFOR AND IN PARTICULAR THAT THE SAID SIR JAMES SUTHERLAND MACKENZIE HAD AND HAS RIGHT TO SELL THE SEVERAL SUMS BOND AND OTHERS THEREIN ENUMERATED TO THE SAID EDWARD SUTHERLAND AND THAT THE SAID SIR JAMES SUTHERLAND MACKENZIE HAD PERFECT POWER AND SUFFICIENT TITLE TO GRAND A VALID DISPOSITION ASSIGNATION AND CONVEYANCE OF THE SAME TO THE SAID EDWARD SUTHERLAND AND THE SAID EDWARD SUTHERLAND WAS FOUND TO ACCEPT SUCH DISPOSITION AND ASSIGNATION OR CONVEYANCE AND PAY THE STIPULATED PRICE TO THE SAID SIR JAMES SUTHERLAND MACKENZIE ACCORDINGLY AND FURTHER FOUND DISCERNED AND DECLARED THAT BY GRANTING SAID DISPOSITION AND ASSIGNATION OR CONVEYANCE TO THE SAID EDWARD SUTHERLAND THE SAID SIR JAMES SUTHERLAND MACKENZIE SHOULD NOT BE LIABLE TO ANY FORFEITURE AT THE INSTANCE OF ANY HEIR SUBSTITUTE IN SAID DEED AND FURTHER FOUND AND DECLARED THAT THE SAID SIR JAMES SUTHERLAND MACKENZIE AND HIS DISPONEE OR ASSIGNEE ARE AND WERE ENTITLED TO UPLIFT AND UPON PAYMENT DISCHARGE THE SAID SEVERAL SUMS INCLUDING THE SAID SUM OF THREE THOUSANT THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE AND ONE THIRD OFA PENNY AND TO GRAND DISCHARGES THERFOR WHICH DISCHARGES SHOULD BE VALID AND SUFFICIENT TO THE RECEIVERS TO AL INTENT AND PURPOSES WHATSOEVER AND THAT THE DEBTORS IN THE SAID SEVERAL SUMS THEREIN SET FORTH WERE BOUND APON RECEVING SUCH DISCHARGE RESPECTIVELY TO MAKE PAYMENT OF THE SAID SEVERAL SUMS AND OF ALL INTEREST DUE THEREON TO THE SAID SIR JAMES SUHERLAND MACKENZIE OR HIS SAID ASSIGNEE AS THE SAID DECREET IN ITSELF BEARS AND FURTHER CONSIDERING THAT WE AS TRUSTEES FORESAID HAVE NOW ACQUIRED RIGHT TO THEFORESAID BOND AND SUMS OF MONEY THEREBY DUE AND INTEREST AND PENALTIES THEREIN CONTAINED CONFORM TO ASSIGNATION DATED 23/08/1851 MADE ND GRANTED BY THE SAID SIR JAMES SUTHERLAND MACKENZIE WITH THE SPECIAL ADVICE OF THE SAID EDWARD SUTHERLAND AND THE SAID EDWARD SUTHERLAND FOR HIMSELF HIS OWN RIGHT AND INTEREST AND THEM BOTH WITH ONE CONSCENT TO AND IN FAVOUR OF US THE SAID ALEXANDER WATSON WEMYSS, ALEXANDER SMITH, ALEXANDER KYD LINDESAY, AND WILLIAM WOODCOCK AND MRS JEAN SMITH BAIN RELICK OF THE SAID JOHN BAIN AND JAMES BAIN FACTOR TO THE EARL OF ROSSLYN AT DYSART BOTH NOW DECEASED AS TRUSTES FORESAID AND THE SURVIVORS OR SURVIVOR OF US OR OF THE SURVIVORS OF US AND NOW SEEING THAT HIS GRACE GEORGE GRANDVILLE SUHERLAND LEVESON GOWER DUKE AND EARL OF SUTHERLAND KNIGHT OF THE MOST NOBLE OF THE GARTER HAS MADE PAYMENT TO US THE SAID ALEXANDER WATSON WEMYSS ALEXANDER SMITH ALEXANDER KYD LINDESAY AND WILLIAM WOODCOCK SURVIVING AND ACCEPTING TRUSTEES FORESAID OF THE SAID SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENSE AND ONE THIRD OF A PENNY STERLING OF WHICH WE HEREBY ACKNOWLEDGE THE RECEIPT RENOUNCING ALL EXCEPTIONS TO THE CONTRARY THEREFOR WE AS TRUSTEES FORESAID IN CONSIDERATION THEREOF DO HEREBY SELL DISPONE ASSIGN CONVEY AND MAKE OVER TO AND IN FAVOUR OF THE SAID DUKE AND EARL OF SUTHERLAND ALL AND WHOLE THE AFORESAID PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE AND ONE THIRD OF A PENNY STERLING WITH ONE FIFTH PART MORE OF LIQUIDATE PENALTY IN CASE OF FAILURE AND THE LEGAL INTEREST OF THE SAID PRINCIPAL SUM FROM THE TERM OF WHITSUNDAY EIGHTEEN HUNDRED AND SIXTY AND IN TIME COMING DURING THE NOT PAYMENT WITH ONE FIFTH PART MORE OF THE SAID INTEREST OF LIQUIDATE PENALTY FOR EACH TERMS FAILURE IN PAYMENT THEREOF WHICH PRINCIPAL SUM INTEREST AND PENALTIES ARE ALL CONTAINED IN AND DUE BY AND PAYABLE UNDER THE BOND ABOVE RECITED AS ALSO WE DO HEREBY ASSIGN CONVEY AND MAKE OVER FROM US AS TRUSTEES FORESAID AND OUR FORESAIDS TO AND IN FAVOUR OF THE SAID DUKE AND EARL OF SUTHERLAND THE FORESAID BOND ABOVE RECITED WITH THE WHOLE SUMS OF MONEY PRINCIPAL INTEREST AND LIQUIDATE PENALTY CONTAINED IN AND DUE THEREBY WITH THE FORESAID RETOUR OF THE SERVICE OF THE SAID SIR JAMES SUTHERLAND MACKENZIE AND THE AFORESAID CONTRACT OF SALE AND ALSO ALL THE RIGHT AND INTEREST OF THE SAID EDWARD SUTHERLAND UNDER THE SAME AND ALSO THE AFORESAID DECREE OF DECLARATION IN SO FAR AS THE SUMS OF MONEY HEREBY ASSIGNED AND CONVEYED AND ALSO THE AFORESAID ASSIGNATION BY THE SAID SIR JAMES SUTHERLAND MACKENZIE AND EDWARD SUTHERLAND IN OUR FAVOUR AS TRUSTEES FORESAID AND ALL THAT HAS FOLLOWED OR MAY BE COMPETENT TO FOLLOW ON THESE WRITS SURROGATING AND SUBSTITUTING OUR SAID ASSIGNES IN FULL RIGHT AND PLACE OF THE PREMISES WITH FULL POWER TO HIM TO ASK MOVE AND UPLIFT THE SUMS OF MONEY PRINCIPAL INTEREST AND PENALTY HEREBY ASSIGNED AND CONVEYED AND ON PAYMENT TO GRANT DISCHARGE OR CONVEYANCES THEREOF EITHER IN WHOLE OR IN PART AND GENERALLY TO DO EVERYTHING IN THE PREMISES WHICH WE AS TRUSTEES COULD HAVE DONE BEFORE GRANTING HEREOF WHICH ASSIGNATION AND CONVEYANCE ABOVE WRITTEN OURSELVES AS TRUSTEES FORESAID AND THE HEIRS AND REPRESENTATIVES OF THE SAID JOHN BAIN TO WARRANT FROM ALL FACTS AND DEEDS DONE OR TO BE DONE BY US OR THEM IN PREJUDICE HEREOF AND WE HAVE HEREWITH DELIVERED UP THE AFORESAID BOND AND RETOUR AND EXTRACT OF THE SAID CONTRACT OF THE SALE AND DECREE AND THE SAID ASSIGNATION OUR ASSIGNEE BEING BOUND BY ACCEPTANCE HEREOF HE BINDS HIMSELF TO MAKE THE SAID RETOUR FURTHCOMING TO THE SAID SIR JAMES SUTHERLAND MACKENZIE AND THE SAID EDWARD SUTHERLAND OR SUCH OTHER PERSONS AS MAY HAVE AN INTEREST IN THE SAME ON A RECEIPT AND OBLIGATION FOR REDELIVERY WITHIN A REASONABLE TIME AND UNDER A SUITABLE PENALTY AND WE CONCENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL SESSION FOR PRESERVATION AND THERETO CONSTITUTE OUR PROCURATORS IN WITNESS WHEREOF THESE PRESENTS WRITTEN ON THIS AND THE TEN PRECEDING PAGES OF STAMPED PAPER BY COLIN MACKENZIE APPRENTICE TO JAMES HAY MACKENZIE WRITER TO THE SIGNET DECLARING THE WORDS "OF CROMARTY" TO BE INTERLINED BETWEEN THE TWENTY FIRST AND TWENTY SECOND LINES OF PAGE FIRST COUNTINGB FROM THE TOP BEFORE SUBSCRIPTION ARE SUBSCRIBED BY US THE SAID ALEXANDER WATSON WEMYSS ALEXANDER SMITH ALEXANDER KYD LINDESAY AND WILLIAM WOODCOCK AS SURVIVING AND ACCEPTING TRUSTEES OF THE SAID JOHN BAIN AT ST ANDREWS ON THE 28/4/1860 BEFORE THESE WITNESSES GEORGE KIRK AND ALEXANDER MARJORIBANKS BOTH APPRENTICES IN THE BANK OF SCOTLANDS OFFICE AT SAINT ANDREWS.
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
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 PRECEPT OF 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 MCKENZIE 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 MCLEOD 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 ASIGNEES 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 MARTIMAS 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 FORESAID 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 MCLEOD 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 THEM AS TUTOR AND CURATOR FORESAID AND THEIR FORESAIDS 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 FORESAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE TERMS AND IN MANNER FORESAID 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 ARDBOLL 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 THE SAID 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 FULY 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 MCLEOD ESQUIRE RENOUNCED ACQUITTED AND OVERGAVE 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 TUTRIX FORESAID 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 SUBSUMES THAT THE SAID COLONEL PATRICK BRUCE HAD MADE PAYMENT TO HER THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AS TUTRIX FORESAID 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 FORESAID 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 FORESAID 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 THERAFTER DURING THE NOT REDEMPTION FURTH 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 CUNNINGARDS DOVES DOVECOTS COALS HEUGHS SMIDDIES KILNS BREWERIES WHINS WOODS FORESTS TWIGS TIMBER QUARIES AS WELL STONE AS LIME WITH COURTS AND THEIR EMOLUMENTS HEREZELDS BLOODWITS FINES WITH COMMON PASTURE AND FREE UH AND ENTRY AND WITH ALL AND SUNDRY OTHER LIBERTIES PROFITS IMMUNITIES AND THEIR JUST PERTINENTS WHATSOEVER AS WELL NOT NAMED AS NAMED LYING IN THE PARISH OF TARBAT AND SHERIFFDOM OF ROSS AS THE SAID LANDS ARE DESCRIBED IN A 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 OF THE 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 WHOLETHE 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 TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS OF THE FORESAID 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 TUTRIX FORESAID 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 FORESAID BOUND AND OBLIGED HERSELF AND HER AFORESAID DUTY AND LAWFULLY TO INFEFT AND SEISE THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS 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 INITSELF MORE FULLY BEARS WHICH DISPOSITION AND ASSIGNATION THE SAID PROCURATOR EXHIBITED AND PRODUCED TO THE SAID BAILIE DESIRING AND REQUIRING HIM TO PROCEED TO THE EXECUTION OF THE OFFICE OF BAILIARY THERBY COMMITTED TO HIM WHICH DESIRE THE SAID BAILIE 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 ANDOF 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 OF 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 STATE AND SASINE WITH ACTUAL REAL AND CORPORAL POSSESSION TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS NOT ONLY OF ALL AND WHOLE THE FORESAID 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 PERTINENTS IN REAL SECURITY TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS OF THE AFORESAID SUM OF FOUR THOUSAND FIVEHUNDRED 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 OF 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 BE HOLDEN IN MANNER BEFORE MENTIONED DECLARING ALWAYS THAT THE SAID INFEFT MENT 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 FORESAIDS AT PLEASURE BUT REDEAMABLY ALWAYS AND UNDER REVERSION IN TERMS OF AND CONFORM TO THE CLAUSE OF REVERSION CONTAINED IN THE FORESAID HERITABLE BOND AND THESE THINGS IN NO WAYS YE LEAVE UNDONE FOR DOING WHEROF I I 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 FORESAID ANNUAL RENT OF TWO HUNDRED AND TWENTY FIVE POUNDS STERLING OR SUCH AN ANNUAL RENT LESS OR MORE AS SHALL BY LAW FOR THE TIME OFFER AND CORRESPOND TO THE FORESAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE FORESAID TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS DURING THE NOT REDEMPTION FURTH 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 FURTH 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 PERTIMENTS IN REAL SECURITY TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS 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 FORESAID PRECEPT OF SASINE WHEREAPON 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 OCLOCK 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 REQIRED AND HERETO WITH ME SUBSCRIBING SIC SUBSCRIBITUR ET EGO VERO JOSEPH GORDON CLERK EDINBURGH GEANIES DIOCEASE NOTARY PUBLIC
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.
HERITABLE BOND OF CORROBORATION THE HONOURABLE MRS MACKENZIE OF CROMARTY IN FAVOUR OF ALEXANDER MACKENZIE ESQUIRE OF ROYSTON REFERENCE SCOTTISH RECORD OFFICE EDINBURGH GD305 1 117 451 YEAR 1825 I THE HONOURABLE MRS MARIA MURRAY HAY MACKENZIE OF CROMARTY CONSIDERING THAT THE DECEASED GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY BY A DISPOSITION AND TAILZIE DATED THE TWENTY EIGHTH DAY OF NOVEMBER SIXTEEN HUNDRED AND EIGHTY EIGHT YEARS PRESENTED AND DISPONED TO SIR JAMES MACKENZIE OF OF ROYSTON THEREIN DESIGNED MR JAMES MACKENZIE HIS THIRD LAWFUL SON NOW DECEASED AND THE HEIRS MALE LAWFULLY TO BE PROCREATED OF HIS BODY WHOM FAILING TO KENNETH AFTERWARDS SIR KENNETH MACKENZIE OF GRANDVILLE SINCE DECEASED SECOND LAWFUL SON OF THE SAID VISCOUNT OF TARBAT AND THE HEIRS MALE LAWFULLY TO BE PROCREATED OF HIS BODY WHOMFAILLING TO JOHN MASTER OF TARBAT AFTERWARDS EARL OF CROMARTY THEN ELDEST SON OF THE SAID VISCOUNT OF TARBAT AND THE HEIRS MALE LAWFULLY PROCREATED 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 WHOM FAILING TO HIS OWN NEAREST HEIRS MALE WHATSOEVER WHOMFAILING TO HIS OWN NEAREST HEIRS AND ASSIGNEES WHATSOEVER ALL AND WHOLE THE LANDS OF EASTER GRANTOWN AND OTHERS THEREIN MENTIONED LYING IN THE SHERIFFDOM OF EDINBURGH WHICH WERE UNITED ERECTED AND INCORPORATED INTO A FREE BARONY CALLED THE BARONY OF ROYSTON BUT UNDER THE USUAL PROHIBITORY IRRITANT AND RESOLUTIVE CLAUSES OF A STRICT ENTAIL AGAINST ALIENATING THE ESTATE CONTRACTING DEBTS THEREAPON ALTERING THE DESTINATION OR OTHERWISE 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 CONCURRENCE 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 SUNDRY DEBTS SAID TO AFFECT IT WHICH IT WAS INTER ALIA ENACTED THAT THE SURPLUS REMAINING OF THE PRICE AFTER PAYMENT OF THE SAID DEBTS SHOULD BE APPLIED AND AND DISPOSED OF IN THE PURCHASE OF OTHER LANDS AND HEREDITAMENTS IN FEE SIMPLE AND WHICH SAID OTHER LANDS-------- SHOULD IMMEDIATELY AFTER THE PURCHASE BE SETTLED DISPOSED AND PROVIDED TO 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 IN AND BY THE SAID DEED OF TAILZIE AS FAR AS THE SAME MIGHT BE CAPABLE OF TAKING AFFECT WITH THE POWER AND SUBJECT TO TO THE RESTRICTED AND LIMITATIONS THEREIN CONTAINED AND IN THE MEANTIME UNTIL SUCH PURCHASE COULD BE MADE THE SAID RESIDUE AND SURPLUS WAS THEREBY DIRECTED TO BE PLACED OUT OF INTERESTS 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 BUT THE SAID SIR JAMES MACKENZIE HAVING DIED WITHOUT LEAVING THEIRS MALE OF HIS BODY THE SURPLUS PRICE OF THE SAID ESTATE AFTER PAYMENT OF DEBTS DESCENDED TO SIR GEORGE MACKENZIE OF GRANDVILLE ELDEST SON OF 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 TAILZIE AND PROVISION IN GENERAL TO THE SAID SIR JAMES MACKENZIE HIS UNCLE AND APON 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 THE DESCENDANCE SIR KENNETH MACKENZIE OF GRANDVILLE HIS BROTHER WAS APON 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 LORD FOUND INTER ALIA THAT AFTER DEDUCTION AND ALLOWANCE OF THE DEBTS MENTIONED IN THE SAID DECREET 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 RESPECT AS THE ENTAILED ESTATE OF ROYSTON WAS SETTLED BY THE SAID DEED OF ENTAIL AND PURSUENT TO THE DIRECTIVE OF THE SAID ACT AUTHORIZING THE SALE THEREOF AND DESCERNED 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 NINE PENCE ONE THIRD OF A PENNY STERLING TO BE ACCORDINGLY LAID OUT AND EMPLOYED IN CONFORMITY TO THE SAID DEED OF ENTAIL AND THE DIRECTIONS OF THE SAID ACT OF PARLIAMENT AT THE SIGHT OF AND BY THE APPROBATION OF THE COURT OF SESSION THAT THE SAID 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 MACLEOD COMMONLY CALLED JOHN LORD MACLEOD 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 ATTAINDER OF THE SAID EARL OF HIGH TREASON AND THE EIGHT OF THE SAID RESIDUE DID REMAIN SO VESTED IN THE CROWN UNTIL BY THE DEATH OF THE SAID JOHN LORD MACLEOD 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 MACLEODS DEATH THE SUCCESSION TO THE SAID RESIDUE 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 JOHN LORD MACLEOD 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 GRANDTULLY BARONET AND THE OFFICERS OF STATE FOR HIS MAJESTIES INTEREST FOR ASCERTAINING HIS RIGHT TO AND RECOVERING PAYMENT OF THE SAID RESIDUE THE LORDS OF COUNCIL AND SESSION BY THEIR FINAL DECREET OF REVERSION DATES THE LAST OF WHICH IS THE ELEVENTH DAY OF JULY SEVENTEEN HUNDRED AND NINETY FIVE INTER ALIA DESCERNED AND ORDIANED THE SAID SIR JOHN STEWART DEFENDER IN THE SAID ACTION TO MAKE PAYMENT TO THE SAID KENNETH MACKENZIE OF THE FORESAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENCE ONE THIRD OF A PENNY STERLING WITH INTEREST AS THEREIN 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 SUMS SO PAID TO BE GRANTED TO THE SAID KENNETH MACKENZIE THE PURSUERS 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 NINE PENCE ONE THIRD OF A PENNY STERLING WAS ACCORDINGLY PAID INTO EXCHEQUER ON THE EIGHTEENTH DAY OF SEPTEMBER SEVENTEEN HUNDRED AND NINETY FIVE TO ACCOUNT OF THE SAID DEBT DUE TO GOVERNMENT OUT OF THE ESTATE OF CROMARTY AND A RECEIPT WAS GRANTED THEREFORE BY THE DEPUTY KINGS REMEMBERANCE TO THE THE SAID SIR JOHN JOHN STEWART BUT NO ASSIGNATION OF THE SAID DEBT DUE BY THE ESTATE OF CROMARTY TO GOVERNMENT HAS EVER BEEN GRANTED INFAVOUR OF THE HEIRS OF ENTAIL OF THE ESTATE OF ROYSTON THAT APON THE DEATH OF THE SAID KENNETH MACKENZIE WITHOUT MALE ISSUETHE SUCCESSION TO THE SAID RESIDUE OPENED TO AND DEVOLVED UPON THE NOW DECEAST COLONEL ROBERT MACKENZIE SOMETIMES 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 WAKER 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 HEIRESS OF ENTAIL OF THE ESTATE OF CROMARTY WHO SUCCEEDED TO THE SAID KENNETH MACKENZIE THEREIN BY VIRTUE OF LORD MACLEODS ENTAIL AND AGAINST MRS JEAN 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 NINE PENCE 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 TRANSFERRED AT THE INSTANCE OF THE SAID COLONEL ROBERT MACKENZIE AGAINST ME THE HONOURABLE MRS MARIA MURRAY HAY MACKENZIE AND THE NOW DECEASED EDWARD HAY MACKENZIE OF CROMARTY AND NEWHALL MY HUSBAND WHO HAD ON THE DEATH OF THE SAID LADY ELIBANK SUCCEEDED TO THE ESTATE OF CROMARTY THAT DURING THE DEPENDANCE OF THE SAID ACTION BETWIX COLONEL ROBERT MACKENZIE AND THE REPRESENTATIVES OF THE SAID KENNETH MACKENZIE AN ACTION OF MULTIPLEPOINDING WAS RAISED AND INSISTED IN AT THE INSTANCE OF JAMES LORD FORBES FOR HAVING IT ASCERTAINED WHO WAS IN RIGHT OF THE SUM OF TWELVE 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 SOMETIMES LADY MACLEOD AND NOW DUTCHESS OF ATHOL IN WHICH ACTION APPEARANCE WAS MADE FOR THE SAID MRS JEAN PETLEY NOW MRS MACLEOD OF GENIES CLAIMING THE FUND IN MEDIO AS EXECUTRIX 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 HONOURABLE MRS MARIA MURRAY HAY MACKENZIE OF CROMARTY I CLAIMING THAT THE SAID SUM OF TWELVE HUNDRED POUNDS STERLING 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 MULTIPLEPOINDING THE LORD BALMUTO ORDINARY BY INTERLOCTOR DATED SEVENTH MARCH EIGHTEEN HUNDRED AND SEVEN FOUND THE FUND IN MEDIO WAS PART OF THE MOVEABLE ESTATE OF THE DECEASED LORD MACLEOD THAT THE PREFERENCE CLAIMED BY MRS MACLEOD OF GENIES WAS FOUNDED UPON THE SETTLEMENT OF THE DECEASED LORD MACLEOD WHICH WHICH PROVIDES THAT HIS PERSONAL FUNDS SHALL IN THE FIRST PLACE BE APPLIED IN PAYMENT OF HIS DEBTS AND IN PARTICULAR OF THE DEBT DUE TO THE CROWN THAT THE SAID MRS MACLEOD CLAIMING IN RIGHT OF LORD MCLEODS SETTLEMENT IS NOT ENTITLED TO RECOVER UNDER THAT SETTLEMENT WITHOUT COMPLYING WITH THE CONDITION THEREIN CONTAINED THAT THE OTHER COMPETITOR MRS MACKENZIE OF CROMARTY AND HER HUSBAND ARE ENTITLED TO SEE THAT THE FUND MEDIO IS APPLIED IN TERMS OF THE SAID SETTLEMENT AND IN EXTINCTION OF THE DEBTS DUE BY THE SAID LORD MACLEOD AND AS IT IS AVOWED THAT THE DEBT DUE TO THE CROWN MENTIONED IN LORD MACLEODS SETTLEMENT WAS PAID UP BY THE LATE MR KENNETH MACKENZIE FROM FUNDS BELONGING TO THE HEIRS OF ENTAIL OF THE FAMILY OF ROYSTON WHICH HE THEN REPRESENTED AND WHICH CREATS A CLAIM TO THE PRESENT HEIRS OF ENTAIL OF THE SAID FAMILY AGAINST THE ESTATE OF CROMARTY BEFORE FURTHER ANSWER MRS MACKENZIE AND HER HUSBAND TO CALL THE HEIRS OF ENTAIL OF THE ESTATE OF ROYSTON AS A PARTY TO THE SAID PROCESS TO APPEAR FOR HIS INTEREST THAT IN OBEDIENCE TO THE ABOVE RECITED INTERLOCTOR THE SAID COLONEL ROBERT MACKENZIE WAS CITED AS A PARTY IN THE SAID PROCESS OF MULTIPLEPOINDING AND THE PROCESS OF CONSTITUTION AT COLONEL ROBERT MACKENZIES INSTANCE HAVING BEEN REMITTED TO THE SAID PROCESS OF MULTIPLEPOINDING AND CONJOINED THEREWITH THE SAID LORD BALMUTO ORDINARY PRONOUNCED THE FOLLOWING FINAL INTERLOCTOR IN THE CONJOINED ACTIONS UPON THE EIGHTH DAY OF FEBRUARY EIGHTEEN HUNDRED AND NINE THE LORD ORDINARY HAVING CONSIDERED THE MEMORIALS IN THREE CONJOINED PROCESSES IN THE PROCESS AT THE INSTANCE OF COLONEL ROBERT MACKENZIE FINDS THAT THE ESTATE OF CROMARTY WAS RESTORED TO THE LATE LORD MCLEOD UNDER THE CONDITION OF PAYING THE DEBTS DUE THEREON AND PARTICULARLY 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 FINDS 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 THIS COURT IN SEVENTEEN HUNDRED AND FIFTY EIGHT THAT THE REVISION OF THE PRICE OF THAT ESTATE WAS THEN FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENSE ONE THIRD OF A PENNY STERLING AND FELL TO BE LAID OUT IN TERMS OF SAID ACT OF PARLIAMENT FOR THE BENIFITS OF THE HEIR OF ENTAIL CALLED TO THE SUCCESSION OF THE ESTATE OF ROYSTON AND UNDER THE CONDITIONS OF THE ENTAIL FINDS THAT LORD MACLEOD WAS AN HEIR OF ENTAIL OF ROYSTON AND UPON HIS DEATH HE WAS SUCCEDED BY THE LATE KENNETH MACKENZIE WHO TOOK UP THE ESTATE OF CROMARTY UNDER THE ENTAIL 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 NINE PENCE ONE THIRD OF A PENNY STERLING AS AN HEIR OF ENTAIL OF THE ESTATE OF ROYSTON FINDS THAT WHILE THE SAID KENNETH MACKENZIE ENJOYED BOTH ESTATE HE OBTAINED A DECREE OF THE 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 NINE PENSE 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 AN ASSIGNATION TO BE PRESENTED OF THAT DEBT TO THAT EXTENT AND THAT THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENSE ONE THIRD OF A PENNY STERLING WAS ACCORDINGLY PAID INTO THE EXCHEQUER ON THE EIGHTEENTH DAY OF SEPTEMBER SEVENTEEN HUNDRED AND NINETY FIVE WHICH WITH A FURTHER SUM PAID BY THE SAID KENNETH MACKENZIE WAS IN FULL OF THE DEBT DUE TO THE CROWN BUT KNOW ASSIGNATION IN FAVOUR OF ROYSTON HEIRS OF ENTAIL HAS YET BEEN PROCURED THEREFOR FINDS THE SAID SUM HAVING SO PAID IN CONFORMITY TO THE DECREE OF THIS 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 ASKING A DEBT OWING BY THE LATE LORD MACLEOD THE MAKER OF THE ENTAIL AND ALSO KENNETH MACKENZIE THE NEXT SUCCEEDING HEIR THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENCE ONE THIRD OF A PENNY STERLING WITH THE INTEREST THEREOF FROM THE SAID EIGHTEENTH SEPTEMBER SEVENTEEN HUNDRED AND NINETY FIVE IN AS FAR AS THE SAID INTEREST IS NOT PAID IS A SUBSISTING AND PREFERABLE DEBT UPON THE ENTAILED LANDS AND ESTATE OF CROMARTY DUE TO THE PURSUER 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 MRS MARIA MACKENZIE THE PRESENT HEIR OF ENTAIL OF THE ESTATE OF CROMARTY AND THE SUBSEQUENT HEIRS OF ENTAIL OF THAT ESTATE ARE LIABLE TO THE PURSUER 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 THEREON AND DECERNS ACCORDINGLY WITHOUT PREJUDICE TO THE SAID COLONEL ROBERT MACKENZIE OR THE OTHER HEIRS OF ENTAIL OF ROYSTON TAKING SUCH STEPS AS THEY MAY BE ADVISED FOR OBTAINING A MORE FORMAL SECURITY OR DECLARATOR OF THEIR RIGHTS AND ALSO WITHOUT PREJUDICE TO THE SAID MRS MARIA MACKENZIE OR OTHER HEIRS OF ENTAIL OF CROMARTY OBTAINING SUCH RELIEF FROM THE REPRESENTATION OF THE SAID KENNETH MACKENZIE OR OTHERS AS MAY BE COMPETENT AND IN THE PROCESS OF MULTIPOINDING FINDS THAT THE SUM OF TWELVE 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 MACLEOD AND THAT IT IS STATED AND NOT DENIED THAT 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 THOUSANT EIGHT HUNDRED AND EIGHTEEN POUNDS SIXTEEN SHILLINGS AND TWO PENCE ELEVEN TWELFTHS OF A PENNY STERLING AFFECTING THE ENTAILED ESTATE BEFORE MENTIONED AND THEREFORE FINDS THAT THE SAID SUM OF TWELVE HUNDRED POUNDS AND INTEREST THEREOF AFTER DEDUCTION OF THE EXPENCES AFTER MENTIONED MUST BE APPLIED IN EXTINCTION PRO TANTO OF THE DEBT DUE UPON THE ESTATE OF CRMARTY TO THE HEIRS UNDER THE ROYSTON ENTAIL AND AFTERWARDS OUT AT THE SIGHT OF THE COURT FOR THE BENIFIT OF THE SAID COLONEL ROBERT MACKENZIE AND THE OTHER HEIRS OF ENTAIL OF THE ESTATE OF ROYSTON AND IN ORDER THAT THE SAME MAY BE PAID AND SENT OUT ACCORDINGLY OIRDAINS THE DEFENDER MRS MACKENZIE WIDOW OF THE SAID KENNETH MACKENZIE NOW MRS MACLEOD OF GEANIES WHO IN VIRTUE OF HER FIRST HUSBANDS SETTLEMENT SUCCEEDED TO HIS PERSONAL ESTATE INCLUDING THE SAID SUM OF TWELVE HUNDRED POUNDS TO MAKE UP SUCH TITLE AS MAY BE DEEMED NECESSARY AND THEREAFTER IN CONCURENCE WITH HER HUSBAND TO EXECUTE A VALID DISCHARGE OF THE SAID DEBT OF TWELVE HUNDRED POUNDS AND INTEREST THEREOF IN FAVOUR OF THE HEIRS AND REPRESENTATION OF THE LATE LORD FORBES AND DECERNS AGAINST LORD FORBES THE REVISER OF THE MULTIPOINDING UPON RECEIVING SUCH DISCHARGE TO MAKE PAYMENT AT THE TERM OF WHITSUNDAY NEXT OF THE SAID SUM OF TWELVE HUNDRED POUNDS ANDE INTEREST THEREOF FROM THE TERM OF --------------- DEDUCTING THE EXPENCE OF REVISING THE MULTIPOINDING OF WHICH APPOINTS AN ACCOUNT TO THE GIVEN IN APPOINTS THE EXPENSE OF MAKING UP TITLES AND GRANTING THE SAID DISCHARGE AND OF EXTRACTING THE DECREET TO FOLLOW UPON THE PRESENT PROCEEDINGS TO BE PAID OUT OF THE SUMS TO BE RECEIVED FROM LORD FORBES AND IN CASE NO PROPER SECURITY SHALL BE SANCTIONED BY THE COURT BETWEEN AND THE SAID TERM OF WHITSUNDAY NECXT ORDAINS THE MONEY TO BE PAID BY LORD FORBES AFTER ALLOWING THOSE DEDUCTIONS TO BE LODGED IN THE BANK OF SCOTLAND FOR BEHOOF OF THE HEIRS OF ENTAIL OF ROYSTON UNTO THE SAME SHALL BE BUT CUT UPON A SECURITY TO BE APPROVED BY THE COURT BUT IN THE MEANTIME APPOINTS COLONEL ROBERT MACKENZIE TO LODGE IN PROCESS A MINUTE STATING THE SECURITY UPON WHICH IT IS PROPOSED TO LEND THE SUM TO BE REPORTED TO THE COURT FOR THEIR LORDSHIPS SANCTION AND AUTHORITY AND LASTLY ORDAINS THE SAID COLONEL ROBERT MACKENZIE SO SOON AS THE SUM DUE BY LORD FORBES SHAL BE PAID OR CONSIGNED TO GRANT A RENUNCIATION OF SO MUCH OF THE DEBT UPON CROMARTY AS SHALL BE THEREBY EXTINGUISHED AND DECERNS THAT AFTER THSE AND SOME OTHER STEPS OF PROCEDURE HAD BEEN TAKEN THE SAID COLONEL ROBERT MACKENZIE DIED AND THE RIGHT OF THE SAID RESIDUE DEVOLVED UPON ALEXANDER MACKENZIE HIS ELDEST SON WHO EXPEDE A SERVICE AS HEIR MALE OF TAILZIE AND PROVISION TO HIS FATHER UNDER THE FORESAID TAILZIE EXECUTED BY GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY AND THE SAID ALEXANDER MACKENZIE HAVING SISTED HIMSELF AS A PARTY IN PLACE OF HIS FATHER IN THE SAID CONJOINED ACTION A MINUTE WAS GIVEN IN FOR HIM STATING THAT HE HAD TO SUBMIT TO THE LORD ORDINARY A SECURITY OF THE MOST UNEXCEPTIONABLE NATURE ON WHICH HE WOULD HUMBLY PROPOSE THAT THE MONEY IN QUESTION THAT IS THE AFORESAID SUM OF MONEY ORDAINED BY THEW INTERLOCTOR LAST ABOVE MENTIONED TO BE PAID BY LORD FORBES IN MANNER THEREIN MENTIONED SHOULD BE SECURED DANIEL HAMILTON OF GILKERSCLEUGH BEING DESIRIOUS OF BORROWING TWELVE HUNDRED POUNDS STERLING ON AN HERITABLE SECURITY OVER HIS LANDS OF OVERWHITE-CLEUGH LYING IN THE PARISH OF CRAWFORDJOHN AND SHIRE OF LANARK THAT THE SUFFICIENCY OF THE SAID SECURITRY BEEN DULY INVESTIGATED BY THE LORD ORDINARY AND REPORTED BY HIS LORDSHIP TO TRHE COURT THE SECURITY WAS APPROVED OF AND THE PRINCIPAL AND INTEREST OF THE SUM PAYABLE BY LORD FORBES AFTER DEDUCTING CERTAIN EXPENSES TO FOURTEEN HUNDRED AND NINETY FOUR POUNDS SEVENTEEN SHILLINGS AND FOURPENCE WAS INVESTED ON HERITABLE BOND OVER THE SAID LANDS OF OVER-WHITE-CLEUGH GRANTED BY THE SAID DAVID HAMILTON ESQUIRE WITH CONSCENT OF MRS HARRIET CAMPBELL HIS SPOUSE AND MRS HELEN HAMILTON RELICT OF THE DECEASED ALEXANDER HAMILTON OF GILKERSCLEUGH DATED THE TWELFTH AND THIRTEENTH DAYS OF JULY EIGHTEEN HUNDRED AND ELEVEN PAYABLE AT THE SIGHT OF THE RIGHT HONOURABLE THE LORDS OF COUNCIL AND SESSION FOR THE PURPOSE OF BEING RE-INVESTED WITH THEIR APPROBATION IN TERMS OF THE FORESAID TAIZIE ACT OF PARLIAMENT AND DECREET TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE NEAREST HEIRS MALE WHATSOEVER OF THE SAID 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 CROMARTY AND THAT AT AGAINST THE TERM OF MARTIMAS THE NEXT WITH THE SUM OF TWO HUNDRED AND NINETY EIGHT POUNDS NINETEEN SHILLINGS AND SIXPENSE STERLING OF LIQUIDATE PENALTY IN CASE OF FAILURE AND THE LEGAL INTEREST OF THE SAID PRINCIPAL SUM FROM THE DATE OF THE SAID BOND TO THE SAID TERM OF PAYMENT OF THE PRINCIPAL SUM AND THEREAFTER SO LONG AS THE PRINCIPAL SUM SHOULD REMAIN UNPAID THAT BY THE SAID INVESTMENT OF THE SAID SUM OF FOUTEEN HUNDRED AND NINETY FOUR POUNDS SEVENTEEN SHILLINGS AND FOURPENCE FOR BEHOOF OF THE SAID ALEXANDER MACKENZIE AND THE OTHER HEIRS CALLED TO SUCCESSION OF THE ESTATE OF ROYSTON THE SAID PRINCIPAL SUM OF FOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONE THIRD OF A PENNY STERLING FOUND BY THE SAID INTERLOCTOR OF EIGHTH OF FEBRUARY EIGHTEEN HUNDRED AND NINE TO HAVE BEEN A SUBSISTING AND PREFERABLE DEBT UPON THE ENTAILED LANDS AND ESTATE OF CROMARTY HAS BEEN PRO TANTO EXTINGWISHED LEAVING THE SUM OF FOURTHOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE ONE THIRD OF A PENNY STERLING AS A STILL SUBSISTING AND PREFERABLE DEBT THE SAID ESTATE OF CROMARTY FOR WHICH THE SAID ALEXANDER MACKENZIE IS IN TERMS OF THE SAID INTERLOCTOR ENTITLED TO OBTAIN FROM ME A FORMAL SECURITY OVER THE SAID ENTAILED ESTATE OF CROMARTY WHEREBY IT IS NOT ONLY JUST AND REASONABLE BUT IMPERATIVE ON ME TO GRANT THESE PRESENTS IN MANNER UNDERWRITTEN THEREFOR WITT YE ME TO HAVE CONFESSED AND DECLARED AS I THE SAID MRS MARIA MURRAY HAY MACKENZIE DO HEREBY ACKNOWLEDGE CONFESS AND DECLARE ME AND THE HEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAID LANDS AND ESTATE OF CROMARTY TO BE JUSTLY ADDEBTED AND RESTING OWING TO THE SAID ALEXANDER MACKENZIE AND THE OTHER HEIRS OF ENTAIL OF ROYSTON AS AFTER MENTIONED THE SAID PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE ONE THIRD OF A PENNY STERLING WITH THE LAWFUL INTEREST THEREOF FROM AND SINCE THE TERM MARTINMAS LAST EIGHTEENHUNDRED AND TWENTY FOUR INTEREST THEREOF TO THAT TERM HAVING BEEN PAID WHICH PRINCIPAL SUM OF THREE THOUSAND THREEHUNDRED AND NINETEEN POUNDS FIVE PENCE ONE THIRD OF A PENNY STERLING I HEREBY BIND AND OBLIGE MYSELF AND THE HEIRS OF TAILZIE SUCCEEDING TO ME IN LANDS AND ESTATE OF CROMARTY HEREIN AFTERMENTIONED TO CONTENT AND PAY AT THE SIGHT OF THE RIGHT HONOURABLE THE LORD 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 WHOM FAILING 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 TWENTY FIVE WITH THE SUM OF SIX HUNDRED AND SIXTY THREE POUNDS SIXTEEN SHILLINGS AND A PENNY AND ONE FIFTEENTH OF A PENNY STERLING OF LIQUIDATE PENALTY IN CASE OF FAILURE AND I ALSO BIND AND OBLIGE ME AND THE HEIRS SUCCEEDING TO ME IN THE SAID LANDS AND ESTATE OF CROMARTY TO CONTENT AND PAY TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO TRHE HEIRS MALE WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING 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 THREETHOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE THIRD OF A PENNY STERLING FROM THE SAID TERM OF MARTIN MAS LAST TO THE SAID TERM OF PAYMENT OF THE PRINCIPAL SUM AND THEREAFTER SO LONG AS THE SAID PRINCIPAL SUM REMAINED UNPAID AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS BEGINNING THE FIRST TERMS PAYMENT OF THE SAID INTEREST AT THE SAID TERM OF WHITSUNDAY NEXT AND THE NEXT TERMS PAYMENT THEREOF AT THE TERM OF MARTINMAS FOLLOWING AND SO FORTH HALF YEARLY AT THE SAID TERM DURING THE NOT PAYMENT OF THE PRINCIPAL SUM AND THAT AT EDINBURGH IN THE OFFICE OF THE BANK OF SCOTLAND WITH THE SUM OF SIXTEEN POUNDS ELEVEN SHILLINGS AND TEN PENCE THREE FARTHINGS STERLING OF LIQUIDATE PENALTY FOR EACH TERMS FAILURE IN PAYMENT OF THE SAID INTEREST AT THE TERMS ABOVE MENTIONED (TOTIES QUOTIES) AND FOR THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS MALE WHATSOVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING THE NEAREST HEIRS AND ASSIGNEES WHOMSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY THEIR FURTHER SECURITY AND MORE SURE PAYMENT OF THE FORESAID SUMS OF PRINCIPAL INTEREST AND PENALTIES I THE SAID MRS MARIA MURRAY HAY MACKENZIE AS HEIRESS OF TALZIE IN POSSESSION OF THE SAID ESTATE OF CROMARTY DO BY THESE PRESENTS BIND AND OBLIGE ME AND THE HEIRS OF TALZIE SUCCEEDING TO ME IN THE SAID ESTATE OF CROMARTY UPON OUR PROPER CHARGES AND EXPENCES DULY AND LAWFULLY TO INFEFT AND SEISE THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS MALE WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING THE NEAREST HEIRS AND ASSIGNEES WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY NOT ONLY IN AN ANNUAL RENT OF ONE HUNDRED AND SIXTY FIVE POUNDS NINETEEN SHILLINGS AND ONE FARTHING STERLING OR SUCH AN ANNUAL RENT LESS OR MORE AS BY LAW FOR THE TIME SHALL OFFER AND CORRESPOND TO THE FORESAID PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVEPENCE ONE THIRD OF A PENNY 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 FROM MARTINMAS LAST TO THAT TERM AND THE NEXT HALF YEARS UPLIFTING THEREOF AT THE TERM OF MARTINMAS THEREAFTER AND SO FORTH HALF YEARLY AND TERMLY AT THE TERMS ABOVE SPECIFIED DURING REDEMPTION WITH A FIFTH PART MORE OF EACH TERMS ANNUAL RENT OF LIQUIDATE PENALTY FOR EACH TERM FAILURE FURTH OF ALL AND SUNDRY THE LANDS BARONIES AND OTHER HERITAGES AFTER WRITTEN VIZ. ALL AND WHOLE THE LANDS AND BARONY OF COGEACH OR COYGACH WITH THE TOWER FORTALICE MANOR PLACE MILNS FISHING AS WITH IN SALT AS IN FRESH WATERS PARTS PENDICLES TENANTS TENANTRIES AND SERVICES OF FREE TENANTS WITH ALL THEIR PERTINENTS LYING OF LATE WITHIN THE SHERIFFDOM OF ROSS AND NOW BY ANNEXATION WITHIN THE SHERIFFDOM OF CROMARTY AND SICLIKE ALL AND WHOLE THE LANDS OF MILTOWN WITH THE PARTS PENDICLES OUTSETTS ANNEXES CONNEXES AND UNIVERSAL PERTINENTS THEREOF TOGETHER WITH THE MILN OF FODDERTY WITH ALL AND SUNDRY MULTURES AS WELL MULTURES AND SEQUELS THEREOF TOFTS CROFTS AND PERTINENTS OF THE SAME WHATSOEVER LYING AS SAID IS AND IN LIKE MANNER ALL AND WHOLE THE LANDS OF KIRKTON OF FODDERTY AND LANDS OF BALLAMULLICH WITH ALL AND SUNDRY THEIR PARTS PENDICLES ANNEXES CONNEXES TOFTS CROFTS OUTSETTS AND PERTINENTS WITH THE MARKETS YEARLY HOLDEN THE EIGHTEENTH DAY OF THE MONTH OF SEPTEMBER UPON THE MUIS OF FODDERTY LYING OF LATE WITHIN THE SAID SHERIFFDOM OF ROSS AND NOW OF CROMERTIE CONFORM TO THE ACT OF PARLIAMENT GRANTED THEREAPON IN FAVOUR OF THE SAID DECEAST GEORGE EARL OF CROMARTY AND HIS HEIRS AND SUCCESSORS WITH THE CUSTOMS TOLLS AND PRIVILEGES OF A FREE MARKET OR FAIR AND LIKEWISE ALL AND WHOLE THE TOWN AND LANDS OF A EXTENDING TO AN HALF DAVOCH LAND WITH THE PASTURAGES THEREOF AS ALSO ALL AND WHOLE THE TOWN AND LANDS OF ULLADELL EXTENDING TO ANOTHER HALF DAVOCH LANDS WITH HOUSES BIGGINGS YARDS ORCHARDS TOFTS CROFTS ANNEXES CONNEXES OUTSETTS SHEALINGS PASTURAGES WOODS FISHINGS PARTS PENDICLES AND PERTINENTS THEREOF WHATSOEVER LYING OF LATE WITHIN THE SAID SHERIFFDOM OF ROSS AND NOW WITHIN THE SAID SHERIFFDOM OF CROMARTY AND LIKEWISE ALL AND WHOLE THE TOWN AND LANDS OF ----------------------- AND -------------- AND ALL AND WHOLE THE MILL CALLED SYMPAN MILN WITH THE MILN LANDS MULTURES SEQUELS AND KNAVESHIP THEREOF WITH HOUSES BIGGINGS YARDS ORCHARDS TOFTS CROFTS ANNEXES CONNEXES OUTSETTS SHEALINGS PASTURAGES WOODS FISHING PARTS PENDICLES AND PERTINENTS OF THE SAID LANDS AND MILN LYING IN MANNER FORESAID AND SICLIKE THE KIRKLANDS OF KINNETES WITH THE PARSONAGE TEINDS THEREOF INCLUDED WITH ALL SUNDRY PARTS PENDICLES TOFTS CROFTS ANNEXES CONNEXES AND REMNENT PERTINENTS OF THE SAME LYING WITHIN THE PAROCHIN OF KINNETES DIOCY OF ROSS AND OF LATE WITHIN THE SHERIFFDOM THEREOF AND NOW OF CROMARTY FORESAID AND IN LIKE MANNER ALL AND SUNDRY THE LANDS OF INCH-------- WITH THE MILN THEREOF MILN LANDS MULTURES AND SEQUELS OF THE SAME AND FURTHER ALL AND WHOLE THE DAVOCH LANDS OF DAVOCHNA------------ ALIAS DACHNA---------- WITH THE SHEALING PLACE THEREOF CALLED GARVOCH ALIAS GARBET WITH ALL AND SUNDRY PARTS PENDICLES AND PERTINENTS OF THE SAME LYING OF LATE WITHIN THE SAID SHERIFFDOM OF ROSS AND NOW OF CROMARTY AND SICLIKE ALL AND WHOLE THE LANDS SHEALINGS OF DRUM--------------- AND -------------------------- WITH PARTS PENDICLES SHEALDING HOUSES PIECES AND PERTINENTS WHATSOEVER USED AND WONT IN ALL TIME COMING LYING WITHIN THE FORESTRY OF FREEWATERS AND OF LATE WITHIN THE SHERIFFDOM OF ROSS AND NOW OF CROMARTY AFORESAID AND SICCLIKE THE LANDS AND OTHERS UNDERWRITTEN VIZ. ALL AND SUNDRY THE LANDS OF MILLLTOWN OF MEDDAT AND THE MILN THEREOF WITH THE OFFICE OF PRINCIPAL SERGEANT OR MAIR OF THE EARLDOM OF ROSS WITH THE HOUSE CROFT IN BALCONIE THE CROFT CALLED THE MERK LANDS OF TULLICH WITH THE PERTINENTS WITH POWER TO DEPUTE AND SUBSTITUTE DEPUTE OR DEPUTES ONE OR MORE IN THE SAID OFFICE OF PRINCIPAL SERGEANT OR MAIR AND TO COLLECT INTROMIT WITH AND UPLIFT THE YEARLY FEES AND DUTIES BELONGING TO THE SAID OFFICE TOGETHER WITH THE MANOR PLACES HOUSES BIGGINGS YARDS ORCHARDS DOVECOUTS CUNNING HARES MILNS MULTURES WOODS FISHING ANNEXES CONNEXES PARTS PENDICLES AND PERTINENTS OF THE SAID LANDS AND OTHERS ABOVE WRITEN TOGETHER WITH THE SALMON FISHING AND POWER OF KILLING AND CATCHING OTHER FISHES AS WELL SMALL AS GREAT IN ANY PART AS WELL UPON THE LANDS OF NIGG AS APON AND NEAR THE SAID LANDS OF MILNTOWN WITH POWER ALSO TO ME AND MY FORESAID TO HAVE AND BUILD ---------- AND STALLS IN ANY PART OF THE SAID LANDS UPON THE LANDS OR SANDS OF NIG AND OF KILLING SALMON UPON ANY PART OF THE SAID LANDS AND OF HAVING AND KEEPING BOATS NETS AND OTHER MATERIAL FOR THAT EFFECT AND ALL AND WHOLE THE LANDS OF KILMUIR KILNADAROCH ALIAS DALNA--------------- AND MILNAMORICH AND ALL AND WHOLE THE LANDS OF PITEANDIE ALIAS PITVEANDIE GLACTAMALINE WITH THEIR PARTS PENDICLES AND PERTINENTS LYING OF LATE WITHIN THE SAID SHERIFFDOM OF ROSS AND NOW OF CROMARTY FORESAID AND MOREOVER THE LANDS AND BARONY OF DELVINE COMPREHENDING THEREIN ALL AND SUNDRY THE LANDS MILNS MULTURES WOODS FISHING STALLS ALE HOUSES AND OTHERS PARTICULARLY UNDERWRITTEN VIZ. ALL AND SUNDRY THE TOWNS AND LANDS OF MEIKLE ALLAN ALIAS ALLAN MORE AND BREWLANDS THEREOF CALROSSIE DUMMEDADAT ALIAS DRUMMEATE GLASSTULLICH DRUMGILLIE MEIKLE MEDDAT ALIAS MEDDAT-MORE WITH THE BREWLANDS AND BREWERY THEREOF WITHOUT THE TOFT AND CROFT THE LANDS OF WESTER POLLO BADEBEU REEVES KNOCKNAPARK BALLINTRADE FECKLACHIE ARDNAGAVOCH DELNY WITH THE BREW-HOUSE THEREOF WITH THE TOFT AND CROFT AND TWO BREWHOUSES WITHOUT TOFT AND CROFT ORCHYARDS DELNIE CABUITHIE INCHFUIRD ALIAS INCHFUIR KINCRAIG CULCEINZIE CRAIGMILNE WITH THE MULTURES AND BREWHOUSES THEREOF CUNLICHMANOCH CUNLICHMORE BECKACH BALCONIE WITH THE BREWHOUSES AND FLUCKIES CROFT THE HALF DAVOCH LANDS OF CULMALACHIE ALIAS CULMALCHIE THE MILN OF ALNESS WITH THE ------------------ MULTURES THEREOF THE FISHING CALLED THE STELL OF ARDROY WITH THE ZAIR OF BALCONIE AND BREWHOUSE THEREOF THE LANDS OF SWORDELL FYRES CULCRAIGIE WITH THE MILL AND MULTURES OF THE SAID MILL AND BREWHOUSE OF THE SAME THE LANDS OF MILNTOWN OF CULMALACHIE THE FISHING OF ARDMORE CALLED THE STELL THEREOF THE MILL OF CATWELL WITH THE MULTURES THEREOF ALL LYING WITHIN THE SHERIFFDOM OF ROSS THE LANDS OF EASTER POLLO ALIAS POLNICOL AND AUCH INACLOUGH WITH MANOR PLACES TOWERS FORTRALICES YARDS ORCHARDS DOVECOATS CUNNING HARES MILNS MULTURES WOODS FISHING ANNEXES CONNEXES PARTS PEDICLES AND PERTINENTS OF THE SAID LANDS AND OTHERS ABOVE WRITEN AS ALSO ALL AND WHOLE THE LANDS OF MORICH MORE NEAR THST PART OF THE SEA CALLED THE BRIDGES COMPASSED ABOUT WITH THE SEA FOR THE MOST PART AT ITS FULL TIDE LYING WITHIN THE OTHER PART OF THE SAID SEA CALLED THE BRIDGES ON THE NORTH THAT PART OF THE SEA CALLED POLNACRAGACH ON THE EAST THE FIRTH OF TAIN AND SEA NEAR THE SAME ON THE WEST AND THE LANDS OF INVEREITHIE PITNEALIE BALLOCHERIE BALLINGALL AND NEWTON RESPECTIVE ON THE SOUTH PARTS WITH THEIR PERTINENTS ALL LYING IN THE EARLDOM OF ROSS AND OF OLD WITHIN THE SHERIFFDOM OF INVERNESS AFTERWARDS OF ROSS AND NOW WITHIN THE SAID SHERIFFDOM OF CROMARTY AND SICLIKE THE MILNTOWN AND MILN OF CULBOCKIE WITH THE MILTOWN AND PERTINENTS THEREOF LYING WITHIN THE LORDSHIPS OF ARDMANNOCH AND SHERIFFDOM OF ROSS FORESAID TOGETHER WITH THE ADVOCATION DONATION AND RIGHT OF PATRONAGE OF ALL AND SUNDRY THE PARISH CHURCHES AS WITH PARSONAGE AS VICARAGE UNDERWRITTEN VIZ. KILMUIR ARDERSIER KILTERNAN FODDERTY URQUHART GILLICHRIST KILMORACK LAGIE TAIN EDDERTON SUDDIE KINNETES ALIAS KINNATTIE ROSEMARKIE CROMARTY URRAY CULLICUDDEN ROSSKEEN KINCARDINE AND ALNESS ALL LYING WITHIN THE DIOCY OF ROSS SHERIFFDOM OF INVERNESS ROSS AND CROMARTY FORESAID TOGETHER WITH THE ADVOCATION DONATION AND RIGHT OF PATRONAGE OF ALL AND SUNDRY THE CHAPLAINIES UNDERWRITTEN VIZ. THE THRE CHAPLAINIES OF ALNESS ERECTED UPON THE PARSONAGE TEINDS OF THE PARISH CHURCH OF ALNESS AND THE CHAPLAINIES OF NEWMORE AND TARLOGIE LYING WITHIN THE SAID DIOCY OF ROSS AND OF OLD WITHIN THE SHERIFFDOM OF INVERNESS AND NOW OF ROSS BY ANNEXATION WITH ALL AND SUNDRY THE LANDS CASTLES TOWERS FORTALICES MILNS WOODS FISHING PARTS PENDICLES ANNEXES CONNEXES DEPENDANCIES TENANTS TENANTRIES AND SERVICE OF FREE TENANTS OF ALL AND SUNDRY THE LANDS BARONIES AND OTHERS FORESAID WITH THE PERTINENTS ALL UNITED ERECTED AND INCORPORATED IN ALL HAILL AN FREE BARONY COMMONLY CALLED THE BARONY OF DELNY AND WHICH BARONY COMPREHENDING IN MANNER ABOVE WRITTEN BELONGED TO JOHN LORD BALM--------- AND WERE AQUIRED FROM HIM BY UMGUWHILE SIR ROBERT INNES ELDER OF THAT ILK AS ALSO WERE ACQUIRED FROM THE SAID -------------------- SIR ROBERT INNESS WITH CONSENT OF ROBERT THEREAFTER SIR ROBERT INNES OF THAT ILK HIS ELDEST SON BY THE DECEASED GEORGE EARL OF CROMARTY AND IN LIKE MANNER ALL AND WHOLE THE QUARTER LAND OF MEIKLE GROUND ZAIRD WITH THE WATERS SALMON FISHING I THE BAY OF GROUND -------- WITH THE WATERS AND SALMON FISHING IN THE BAY OF GROUNDYAIRDS WITH THE ADVOCATION DONATION AND RIGHT OF PATRONAGE OF THE PARISH KIRK OF LOCHBROOM LYING OF LATE WITHIN THE SHERIFFDOM OF ROSS AND NOW OF CROMARTY FORESAID AND LIKEWISE ALL AND SUNDRY THE FIVE PARKS OF LAND OF AUCHAGIER THE LANDS OF KEPPACH KILDONAN REDDERACH ORIGALICH LAUCHINTEVOIR ELINAKEP AUCHANAZIE ALIAS AUCHANACHIN BELLUM ALIAS BELTON AUCHAISTALDINTRAY ALIAS AUCHNASCALDISTRAY AUCHAELASCALEDUNISH STRATHNASHALLAG THE GRAZINGS OF ------- AND FORESTS OF TANICH WITH THERE RESPECTIVE GRAZINGS PRIVILEGES AND JURISDICTIONS OF FORRESTRY IN THE BOUNDS THEREOF WOODS FISHING MILNS MULTURES MUIRS MARSHES PARTS PENDICLES AND PERTINENTS THEREOF LYING OF LATE WITHIN THE SAID SHERIFFDOM OF ROSS AND NOW OF CROMARTY AND IN LIKE MANNER ALL AND SUNDRY THE LANDS OF PILOGARTIE PARTS PENDICLES AND PERTINENTS OF THE SAME LYING WITHIN THE PAROCHIN OF TAIN AND OF LATE WITHIN THE SHERIFFDOM OF ROSS AND NOW OF CROMARTIE FORESAID AND THE SUM OF FOUR POUNDS SCOTS YEARLY PAYABLE OUT OF THE LANDS OF EASTER TARBAT TO THE CHAPLAIN OF BALNAGOWAN LYING OF LATE WITHIN THE SHERIFFDOM OF ROSS AND NOW OF CROMARTY FORESAID AND IN LIKE MANNER ALL AND WHOLE THE BURGH OF BARONY OF TARBAT FORMERLY CALLED THE TOWN OF MILNTOWN AND BURGH OF BARONY OF PORTMAHOLMACK ALIAS CASTLEHAVEN FORMERLY CALLED THE TOWN OR VILLAGE OF PORTMAHOLMACK AND HAILL POWER PRIVILEGE AND IMMUNITIES THERETO BELONGING ALL WHICH LANDS BARONIES RIGHTS OF PATRONAGE OF CHURCHS AND CHAPLAINARIES MILNS WOODS FISHING TEINDS AND OTHERS PARTICULARLY ABOVE SPECIFIED WITH THE PERTINENTS ---------------- ANNEXED AND INCORPORATED IN AN HAILL FALL AND FREE BARONY CALLED THE BARONY OF TARBAT AND ALL AND WHOLE THE BURGH OF REGALITY BEING IN AFFECT THE FORESAID TOWN OF MILNTOWN FORMERLY ERECTED IN AN BURGH OF REGALITY WITH POWER OF BUILDING HAVING AND KEEPING WITHIN THE SAID BURGH OF REGALITY CALLED THE BURGH OF BARONY AND REGALITY OF TARBAT A TOLBOOTH A PUBLIC WEIGH HOUSE AND MARKET CROSS AND WITH THE FEES CASUALTIES PROFITS AND EMOLUMENTS THEREOF AND ALL OTHER POWERS LIBERTIES PRIVELIGES AND JURISDICTIONS WHICH PERTAINED TO THE SAID GEORGE LATE EARL OF CROMARTY IN SO FAR AS THE SAME ARE NOT NOW ABOLISHED BY LAW CONFORM TO THE CHARTER GRANTED TO THE SAID DECEASED GEORGE EARL OF CROMARTY THEREAPON UNDER THE GREAT SEAL OF SCOTLAND DATED AT WINDSOR CASTLE THE NINTH DAY OF JUNE SIXTEEN HUNDRED AND EIGHTY SIX YEARS AND BY WHICH THE BURGH OF REGALITY AFORESAID AND PRIVILEGES THEREOF AND OTHERS THEREIN MENTIONED ARE UNITED ANNEXED AND INCORPORATED TO THE SAID BARONY OF TARBAT COMPREHENDING IN MANNER FORESAID FOR EVER THEREAFTER IN ALL TIME COMING TOGETHER WITH ALL RIGHT TITLE AND INTEREST THE SAID GEORGE LATE EARL OF CROMARTY OR HIS HEIRS AND SUCCESSOR HAD HAVE OR CAN PRETEND THERETO IN TIME COMING BY VIRTUE OF ANY POSTERIOR CHARTERS OR OTHER WRITS GRANTED TO THEM THEREANENT AND SICCLIKE ALL AND WHOLE THE OXGATE OF LAND OF MIDGEINS COMMONLY CALLED THE OXGATE OF DONALD MACWILLIAM LYING WITHIN THE PAROCHIN OF FEARN LATE REGALITY THEREOF AND SHERIFFDOM LATELY OF ROSS AND NOW OF CROMARTY AND LIKEWISE ALL AND WHOLE THE TOWN AND LANDS OF AMATNATIA LYING WITHIN THE PROVINCE OF KINCARDINE REGALITY FORESAID AND SHERIFFDOM LATELY OF ROSS AND NOW OF CROMARTY AS ALSO ALL AND WHOLE THE TOWNS LANDS ACRES CROFTS AND OTHERS UNDERWRITTEN WITH THEIR PERTINENTS VIZ. ALL AND WHOLE THE HALF OF THE MANOR PLACE OF FEARN OF OLD CALLED THE MONASTERY OF FEARN ALL AND WHOLE THE HALF OF THE YARDS AND ORCHYARDS OF THE SAID MONASTERY OF FEARN WITH THEIR PERTINENTS AND ALL AND WHOLE THE TOWNS AND LANDS OF EASTER AND MIDDLE GENIES WITH THE ALE HOUSE AND ALE HOUSE CROFT THEREOF AND PERTINENTS ALL AND WHOLE THE TOWN AND LANDS OF BELLAMUCHIE AND BELLAVAICH ALIAS BELLANZIECH WITH THEIR PERTINENTS ALL THE WHOLE THE TOWNS AND LANDS OF CATBO-FISHER AND TULLICH WITH THEIR PERTINENTS ALL AND WHOLE THE TOWNS AND LANDS OF LOCHCLAVAIG AND LALACHIE AND MUCKERNISH WITH THE ALE HOUSE ALE HOUSE AND CROFTS GRAZING SHEALLINGS AND OTHER PERTINENTS ALL THE WHOLE THE HALF OF THE LANDS OF COTTARS DALVINGS AND EIGHT ACRES OF LAND OF OLD POSSESSED BY THE FISHERS OF FEARN WITH THE PERTINENTS THEREOF ALE AND WHOLE THE TOWN AND LANDS OF LITTLE MILNTOWN OF FEARN WITH THE PERTINENTS ALL THE WHOLE THE TOWN AND LANDS OF LITTLE REINY WITH THE PERTINENTS ALL AND WHOLE THE TOWN AND LANDS OF BALBLAIR WITH THE ALE HOUSE AND ALE HOUSE CROFT AND PERTINENTS OF THE SAME AS ALSO THE TOWN AND LANDS OF EASTER FEARN WITH THE PERTINENTS WITH ALL AND SUNDRY THE DUTIES MANER PLACES HOUSES BIGGINGS YARDS ORCHYARDS WOODS FISHING CROFTS OUTSETS INSETS TENANTS TENANTRIES AND SERVICE OF FREE TENANTS ANNEXES CONNEXES DEPENDENCIES LOANINGS GRAZINGS SHEALINGS PARTS PENDICLES AND PERTINENTS WHATSOEVER OF ALL AND SUNDRY THE SAID TOWNS LANDS CROFTS AND OTHERS ABOVE WRITTEN WITH THE PERTINENTS ALL LYING WITHIN THE BISHOPRICH OF ROSS AND SHERIFFDOM LATELY THEREOF AND NOW OF CROMARTY TOGETHER WITH THE RIGHT OF SUPERIORITY AND IF THE FEUDUTIES OF THE KING OF THE SAID ABBACY OF FEARN AFTERWARDS CALLED THE BARONY OF GENIES SOMETIME PERTAINING TO SIR WILLIAM STCLAIR OF MEY AND AFTERWARDS TO GEORGE LORD TARBAT AND SICLIKE ALL WHOLE THE CHAPLAINCIES OF KILDIN ST CATHERINE IN CHANONRY CHAPEL LANDS AT ST CATHERINE AND ST MARY IN THE BURGH OF DINGWALL ARDIFAILLIE MULLOCHIE EASTER RARICHIES DRUMS ALIES DRUMMOND ST MONANS BY ASSUMPTION ABSDELL PREISTHILL ULLADELL ALIAS ST JAMES CHAPLAINNE MOUNCHIES TARLOGIE CAMBUSCUVIES THE CHAPAINCIES OF TARBAT DRUMKEITH APPLECROSS FYRES CULLICRAIGIE ROSSKEEN KILMUIR THE CHAPLAIN LANDS OF ALNESS BALNAGOWN BALCONIE ALIAS CUNLISHIE CLYNES MULTAIRES FOLLIE KINCARDIE THE CHAPLAINCIES OF ST LAWRENCE AT THE CASTLE OF DINGWALL TENOWAR FENINICH CONTULICH THE SACRISTY OR SPIRITUAL PROVOSTRY OF TAIN AND PERTENDERIES THEREOF WITH THE HAILL CASUALTIES OF THE SAME ALL LYING WITHIN THE DIOCY OF ROSS AND SHERIFFDOM OF INVERNESS ROSS AND CROMARTY FORESAID RESPECTIVELY AND ALL AND WHOLE THE LANDS SHEALINGS AND GRAZINGS OF KINLOCHLIKEA WITH HOUSES BIGGINGS YARDS LOCHS FISHINGS AND PERTINENTS THEREOF LYING WITHIN THE SHERIFFDOM LATELY OF ROSS AND NOW OF CROMARTY ALL AND WHOLE THE TOWN AND LANDS OF PRIESTHILL AND TOBERNAGALLADER WITH THE MANNER PLACE HOUSES BIGGINGS YARDS ORCHYARDS MUIRS MEADOWS PARTS PENDICLES AND UNIVERSAL PERTINENTS THEREOF LYING WITHIN THE PAROCHIN OF KILLYMUIR AND SHERIFFDOM LATELY OF ROSS AND NOW OF CROMARTY WITH THE PARSONAGE TEINS AND OTHER TEINDS AS WELL GREAT AS SMALL PARSONAGE AND VICARAGE OF THE SAID LANDS AND FURTHER ALL AND SUNDRY THE ISLES LANDS AND OTHERS UNDERWRITTEN VIZ ALL AND WHOLE THE LANDS OF BARRY VATERSAY SANDEREEY PHAPPAY NIGILLAY BENARAY THE ISLE OF TENAY KILLIGILT AND HAILL REMNANT LANDS AND ISLANDS ADJACENT TO THE SAID ISLE OF BARRAY CALLED THE PENDICLES ISLES OF BARRAY AND ALL AND WHOLE THE LANDS CALLED TOUINGS OF DEGASTILL LYING IN SOUTH UIST AND OF ALL OCCUPIED BY MCNEIL OF BARRAY TOUINGS OF FINDAY KILBARRAY MIELIEN GRANGEBURROW THE TOUING OF KELLES AND HAMIGASTILL WITH THE CASTLE OF KISMILL AND ALL AND SUNDRY OTHER CASTLES TOWERS FORTALICES MANOR PLACES MILNS WOODS FISHING TOFTS CROFTS MUIRS MARSHES ISLANDS LOCHS PASTURAGES PARTS PENDICLES CONNEXES AND PERTINENTS THEREOF WHATSOEVER PERTAINING TO THE SAID ISLE OF BARRAY AND REMANANT ISLES ABOVE SPECIFIED OR POSSESSED BY THE SAID MCNEIL OF BARRAY ALL LYING WITHIN THE SHERIFFDOM OF INVERNESS AND NOW UNITED ANNEXED AND INCORPORATED IN AN HAILL AND FREE BARONY CALLED THE BARONY OF BARRAY WITH THE WHOLE OTHER PRIVILEGES AND PERTINENTS THERETO BELONGING CONFORM TO A CHARTER UNDER THE GREAT SEAL GRANTED TO THE DECEASED GEORGE EARL OF CROMARTY THEREAPON OF THE DATE THE SECOND DAY OF MARCH SIXTEEN HUNDRED AND NINETY TWO YEARS AND APON WHICH HE WAS INFEFT UPON THE ELEVENTH DAY OF OCTOBER SIXTEEN HUNDRED AND NINETY FOUR YEARS AND HIS SASINE REGISTERED IN THE GENERAL REGISTER OF SASINES APON THE SIXTEENTH DAY OF THE SAID MONTH OF OCTOBER SIXTEEN HUNDRED AND NINETY FOUR YEARS ALL WHICH TOWNS LANDS BARONIES MILNS MILNLANDS TEINDS PATRONAGES BURGHS OF BARONY AND REGALITY AND OTHERS PARTICULARLY AND GENERALLY ABOVE MENTIONED ARE UNITED ANNEXED ERECTED AND INCORPORATED IN AN HAILL AND FREE BARONY CALLED THE BARONY OF TARBAT AND CASTLE TOWER AND FORTALICE OF MILNTOWNOF MEDDAT IS DECLARED TO BE THE PRINCIPAL------------------ OF THE SAID BARRONY OF TARBAT AND ONE SASINE TO BE TAKEN THEREAT OR APON THE GROUND OF ANY OTHER PART OR PORTION OF THE SAID BARONY IN ALL TIME COMING IS DECLARED TO BE A SUFFICIENT SASINE FOR ALL SUNDRY THE SAID TOWNS LANDS BARONYS AND OTHERS SO ERECTED IN THE SAID BARONY OF TARBAT AND THAT BY ---------------- OF EARTH AND STONE AND WITHOUT THE NECESSITY OF ANY OTHER SYMBOL CONFORM TO A CHARTER MADE AND PASSED UNDER THE GREAT SEAL IN FAVOUR OF THE SAID DECEASED GEORGE EARL OF CROMARTY IN LIFERENT AND TO JOHN AFTERWARDS EARL OF CROMARTY AND TO THE HEIRS OF TAILLIE THEREIN MENTIONED IN FEE DATED THE FIFTEENTH DAY OF JULY SIXTEEN HUNDRED AND NINETY EIGHT YEARS WHICH ERECTION OF THE SAID BARONY OF TARBAT WITH THE DISPENSATION ABOVE MENTIONED FOR TAKING THE SAID SASINE HIS MAJESTY GEORGE THE THIRD WITH CONSENT OF THE BARONS OF EXCHEQUER IN SCOTLAND BY A CHARTER IN FAVOUR OF THE SAID DECEASED JOHN LORD MACLEOD DATED THE FOUTEENTH DAY OF FEBRUARY SEVENTEEN HUNDRED AND EIGHTY SIX YEARS RATIFIED AND APPROVED FOR EVER AND SICLIKE ALL AND WHOLE THE TOWNS AND LANDS OF CASTLELEOD NOW CALLED CASTLELEOD AND GLENSHEUGH ALIAS GLENCHEACH WITH ANNEXES CONNEXES PARTS PENDICLES AND UNIVERSAL PERTINENTS THEREOF LYING OF LATE WITHIN THE SHERIFFDOM OF ROSS AND NOW BY ANNEXATION WITHIN THE SAID SHERIFFDOM OF CROMARTY AND ALSO ALL AND WHOLE THE LANDS OF DOVECROFT WITH THE PERTINENTS ALL AND WHOLE THE LANDS OF BRIGHOUSE ALE HOUSE AND ALE HOUSE CROFT THEREOF ALL AND WHOLE THE LAND OF MILNCROFT AND PERTINENTS ALL AND WHOLE THE LANDS OF WAITLANDS AND PERTINENTS AND THAT PENDICLE AND PORTION OF THE ABBEY OF FEARN CALLED ELVIN AND KNOCKAN IN ASSINT ALL AND WHOLE THE TOWN AND LANDS OF INVERCHARRON WITH ALE HOUSE AND ALE HOUSE CROFT AND PERTINENTS OF THE SAME WHATSOEVER AS APPEARS FROM A CHARTER UNDER THE GREAT SEAL DATED THE TWENTY NINTH DAY OF NOVEMBER SEVENTEEN HUNDRED AND TWENTY TWO YEARS IN FAVOUR OF THE SAID GEORGE LATE EARL OF CROMARTY AND ALL WHICH DIFFERENT LANDS BARONIES AND OTHERS ABOVE WRITTEN ARE CONTAINED IN A CHARTER UNDER THE SEAL APPOINTED BY THE TREATY OF UNION TO BE KEPT AND USED IN SCOTLAND IN PLACE OF THE GREAT SEAL THEREOF IN FAVOUR OF THE SAID JOHN MACKENZIE ESQUIRE COMMONLY CALLED LORD MCLEOD DATED THE THIRTIETH DAY OF DECEMBER SEVENTEEN HUNDRED AND EIGHTY SIX AND SEALED THE THIRTIETH DAY OF SEPTEMBER SEVENTEEN HUNDRED AND EIGHTY EIGHT BY WHICH CHARTER IT IS ORDAINED THAT A SASINE TO BE TAKEN BY THE SAID JOHN MACKENZIE ESQUIRE COMMONLY CALLED LORD MACLEOD AND THE HEIRS MALE OF HIS BODY AND THE OTHER HEIRS AND SUBSTITUTES OF TAILZIE THEREIN MENTIONED THEN AND IN ALL TIME COMING AT THE SAID CASTLE TOWER AND FORTALICE OF MILNTOWN OF MEDDAT OR APON THE GROUND OF ANY PART OR PORTION OF THE SAID LANDS BARONIES AND OTHERS ABOVE WRITTEN BY DELIVERY OF EARTH AND STONE OF THE GROUND THEREOF MANARLY WITHOUT ANT OTHER SYMBOL SHOULD BE AS VALID AND SUFFICIENT A SASINE FOR THE SAID WHOLE LANDS BARONIES TEINDS AND OTHER HERITAGES ABOVE WRITTEN AS IF A PARTICULAR SASINE HAD BEEN TAKEN UPON EVERY PART AND PORTION THEREOF AND BY DELIVERY OF ALL THE USUAL SYMBOLS AND THAT NOTWITHHSTANDING THE SAME LAY DISCONTIGUOUS AND IN DIFFERENT JURISDICTION AND MIGHT REQUIRE VARIOUS SYMBOLS WHEREANENT AND WITH ALL THAT MIGHT BE OBJECTED AGAINST THE VALIDITY OF SUCH SASINE HIS MAJESTY FOR HIMSELF AND HIS ROYAL SUCCESSORS DISPENSED FOR EVER OR FURTH OF ANY PART OR PORTION OF THE SAID LANDS BARONIES AND OTHERS FIRST AND READIEST MAILLS FARMS PROFITS AND DUTIES OF THE SAME BUT ALSO IN ALL AND SUNDRY THE LANDS BARONIES AND OTHER HERITAGES BEFORE WRITTEN THEMSELVES IN FURTHER SECURITY TO THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING THE NEAREST HEIRS AND ASSIGNEES OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY OF PAYMENT OF THE SAID SUMS OF MONEY PRINCIPAL ANNUAL RENTS LIQUIDATED EXPENCES AND TERMLY FAILURES RESPECTIVELY BEFORE SPECIFIED AND THAT BY TWO SEVERAL INFEFTMENTS AND DISTINCT MANNERS OF HOLDING THE ONE THEREOF AS WELL WITH RESPECT TO THE INFEFTMENT OF ANNUAL RENT AS TO THAT OF PROPERTY IN SECURITY TO BE HOLDEN OF ME THE SAID MRS MARIA MURRAY HAY MACKENZIE AND THE HEIRS OF TAAILZIE SUCCEDING TO ME IN THE SAID LANDS BARONIES AND OTHER HERITAGES BEFORE WRITTEN IN FREE BLENCH FOR PAYMENT OF A PENNY SCOTS MONEY UPON THE GROUND OF THE SAID LANDS AT THE TERM OF WHITSUNDAY YEARLY IF AS ASKED ONLY AND THE OTHER OF THE SAID INFEFTMENT TO BE HOLDEN FROM ME AND THE HEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAID LANDS BARONIES AND OTHERS OF OUR IMMEDIATE LAWFUL SUPERIOR OF THE SAME IN MANNER FOLLOWING VIZ THE FORESAID INFEFTMENT OF ANNUAL RENT IN FREE BLENCH FOR PAYMENT OF A PENNY SCOTS MONEY ON THE GROUND OF THE SAID LANDS AT THE TERM OF WHITSUNDAY YEARLY IF ASKED ONLY AND THE INFEFTMENT OF PROPERTY IN THE SAID LANDS BARONIES AND OTHER HERITAGES THEMSELVES IN SECURITY AS AFORESAID BY THE SAME TENURE AND AS FREELY IN ALL RESPECT AS I OR THE HEIRS OF TAILZIE SUCCEEDING TO ME HELD HOLD OR MIGHT HAVE HOLDEN THE SAID LANDS BARONIES AND OTHER HERITAGES THEMSELVES AND THAT EITHER BY RESIGNATION OR CONFIRMATION OR BOTH THE ONE WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THE SAID INFEFTMENT BY RESIGNATION I THE SAID MRS MARIA MURRAY HAY MACKENZIE FOR MYSELF AND THE HEIRS OF TAILZIE SUCCEEDING TO ME HEREBY MAKE CONSTITUTE AND APPOINT ----------------------------------------------------- AND EACH OF THEM JOINTLY AND SEVERALLY MY LAWFUL AND IRREVOCABLE PROCURATORS TO THE EFFECT AFTER WRITTEN GIVING GRANTING AND COMMITTING TO THEM MY FULL POWER WARRANT AND COMMISSION FOR ME AND IN MY NAME AND THAT OF THE HEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAID ESTATE TO COMPEAR BEFORE OUR IMMEDIATE LAWFUL SUPERIORS OF THE SAID LANDS AND OTHERS ABOVE RECITED OR THEIR COMMISSIONERS IN THEIR NAMES HAVING POWER TO RECEIVE RESIGNATION AND TO GRANT NEW INFEFTMENT THEREUPON AND THERE WITH ALL DUE REVERENCE AND HUMILITY AS BECOMES PURELY AND SIMPLY BY STAFF AND BATON AS USE IS TO RESIGN AND SURRENDER LIKEES AS I HEREBY FOR MYSELF AND THE HEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAID ESTATE OF CROMARTY RESIGN AND SURRENDER UP GIVE OVERGIVE AND DELIVER NOT ONLY ALL AND WHOLE THE FORESAID ANNUAL RENT OF ONE HUNDRED AND SIXTY FIVE POUNDS NINETEEN SHILLINGS AND A FARTHING STERLING OR SUCH ANNUAL RENT LESS OR MORE AS SHALL BY LAW FOR THE TIME --------- AND CORRESPOND TO THE SAID PRINCIPAL SUM OF THREETHOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE ONE THIRD OF A PENNY STERLING TO BE UPLIFTED AND TAKEN AT THE TERMS AND BY THE PROPORTIONS AND WITH THE TERMLY FAILURES BEFORE MENTIONED FURTH OF ALL AND WHOLE THE LANDS AND BARONIES AND OTHER HERITAGES BEFORE MENTIONED AND LYING AND DESCRIBED AS AFORESAID OR FURTH OF ANY PART OR PORTION THEREOF FIRST AND READIEST RENTS MAILLS FARMS PROFITS AND DUTIES OF THE SAME BUT ALSO ALL AND SUNDRY THE SAID LANDS BARONIES AND OTHER HERITAGES THEMSELVES TOGETHER WITH ALL RIGHT TILE AND INTEREST CLAIM OF RIGHT PROPERTY AND POSSESSION AS WELL PETITORY AS POSSESSORY WHICH I OR THE HEIRS OF TAILZIE SUCCEEDING TO ME AS AFORESAID HEID OR ANY WISE MIGHT HAVE CLAIM OR PRETEND THERETO OR TO ANY PART OR PORTION THEREOF IN TIME COMING IN REAL SECURITY AND MORE SURE PAYMENT TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITTEN OF THE SAID EARL OF CROMARTY OF THE BEFORE WRITTEN SUMS OF MONEY PRINCIPAL ANNUAL RENT LIQUIDATE EXPENCES AND TERMLY FAILURES BEFORE SPECIFIED IN THE HANDS OF MY IMMEDIATE LAWFUL SUPERIORS OF THE LANDS AND OTHER HERITAGES FORESAID OR OF THEIR COMMISSIONERS IN THEIR NAMES HAVING POWER TO RECEIVE RESIGNATION AND THEREAPON TO GRANT NEW INFEFTMENTS IN FAVOUR AND FOR NEW INFEFTMENTS OF THE SAME TO BE GIVEN AND GRANTED TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY HERITABLE BUT REDEEMABLY ALWAYS CONFORM TO THE CLAUSE OF REVERSION AFTER SPECIFIED IN DUE AND COMPETENT FORM AS EFFEIRS ACTS INSTRUMENTS AND DOCUMENTS UPON THE PREMISSES TO ASK AND TAKE AND GENERALLY EVERY OTHER THING TO DO THERE ANENT WHICH I THE SAID MRS MARIA MURRAY HAY MACKENZIE OR THE HEIRS OF TAILZIE SUCCEEDING TO ME AS AFORESAID COULD HAVE DONE IF PERSONALLY PRESENT OR WHICH TO THE OFFICE OF PROCURATOR IN AND CASES IS KNOWN TO BELONG PROMISING HEREBY TO RATIFY AND CONFORM WHATEVER MY SAID PROCURATORS SHALL LAWFULY DO OR CAUSE TO BE DONE IN THE PREMISSES WHICH ANNUAL RENT UPLIFTABLE FURTH OF THE LANDS BARONIES AND OTHER HERITAGES BEFORE SPECIFIED AND THE SAID LANDS BARONIES AND OTHER HERITAGES BEFORE WRITTEN THEMSELVES THESE PRESENTS AND INFEFTMENTS TO FOLLOW HEREAPON I THE SAID MRS MARIA MURRAY HAY MACKENZIE BIND AND OBLIGE ME AND THE HEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAID ESTATE TO WARRANT TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY AT ALL HANDS AND AGAINST ALL DEADLY AS ------------ MOREOVER I THE SAID MRS MARIA MURRAY HAY MACKENZIE AND THE HEIRS OF TAILZIE SUCCEEDING TO ME AS AFORESAID MAKE AND CONSTITUTE THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTIE MY LAWFUL SESSIONERS AND ASSIGNEES NOT ONLY IN AND TO THE WHOLE WRITTS AND EVIDENTS RIGHTS TITLES AND SECURITIES OF AND CONCERNING THE SAID LANDS BARONIES AND OTHER HERITAGES BEFORE SPECIFIED BUT ALSO IN AND TO THE WHOLE RENTS MAILS AND DUTIES KAINS CUSTOMS AND CASUALTIES OF THE SAME DUE AND PAYABLE FURTH OF THE SAME FOR CROPS AND YEAR EIGHTEEN HUNDRED AND TWENTY FIVE AND FOR ALL CROPS AND YEARS IN TIME COMING DURING THE NOT REDEMPTION TOGETHER WITH THE TACKS AND RENTAILS OF THE SAID LANDS BARONIES AND OTHER HERITAGES AND ALL ACTION DILEGENCE AND EXECUTION COMPETENT TO ME THEREAPON SURROGATING AND SUBSTITUTING THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY IN THE FULL RIGHT AND PLACE OF ME AND THE HEIRS OF TAILZIE SUCCEEDING ME IN THE SAID LANDS BARONIES AND OTHERS OF THE PREMISSES UNDER REVERSION AS SAID IS FOR THERE SECURITY AND PAYMENT OF THE SUMS OF MONEY PRINCIPAL ANNUAL RENT LIQUIDATE EXPENCES AND TERMLY FAILURES BEFORE SPECIFIED IF INCURRED WITH FULL POWER TO THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY TO DEMAND UPLIFT AND RECEIVE THE RENTS MAILLS AND DUTIES BEFORE ASSIGNED CHARGE AND PURSUE THEREFOR RECEIPTS AND DISCHARGES THEREOF TO GRANT AND GENERALLY EVERY OTHER THING IN RELATION TO THE PREMISSES TO DO WHICH I COULD HAVE DONE MYSELF BEFORE THE GRANTING HEREOF WHICH ASSIGNATION ABOVE WRITTEN I THE SAID MRS MARIA MURRAY HAY MACKENZIE BIND AND OBLIGE ME AND THE HEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAID ESTATE TO WARRANT TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY AS FOLLOWS VIZ IN SO FAR AS CONCERNS THE WRITTS AND EVIDENTS AGAINST ALL DEADLY AND IN SO FAR AS CONCERNS THE MAILS AND DUTIES FROM OUR OWN FACTS AND DEEDS ONLY AND IT IS HEREBY EXPRESSLY PROVIDED AND DECLARED THAT IN CASE THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY SHALL THINK FIT AT ANY TIME HEREAFTER TO ENTER TO THE POSSESSION OF THE SAID LANDS OR TO UP LIFT THE RENTS MAILLS OR DUTIES OF THE SAME OR ANY PART THEREOF EITHER BY VIRTUE OF THIS RIGHT AND THE INFEFTMENT OF PROPERTY IN SECURITY TO FOLLOW HEREAPON OR BY VIRTUE OF THE ASSIGNATION TO THE MAILLS AND DUTIES ABOVE WRITTEN THEN AND IN THAT CASE THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY SHALL ONLY BE LIABLE TO HOLD COUNT AND RECONING FOR THEIR ACTUAL INTROMISSIONS ACCORDING AS THE SAME SHALL BE INSTRUCTED BY WRIT OR OATH OF PARTY AND THAT THEY SHALL IN NOWAYS BE LIABLE FOR OMISSION OR FOR THE SOLVENCY OF TENNANTS AS ALSO THAT IT SHALL BE LAWFUL TO THE SAID ALEXANDER MACKENZIE WHOM FAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY TO DESIST AND CEASE FROM AND AGAIN RESUME POSSESSION OF THE LANDS BEFORE MENTIONED FROM TIME TO TIME AS THEY SHALL THINK FIT AND EXPEDIENT AND THAT DURING THEIR POSSESSION THEY SHALL HAVE ALLOWANCE FOR WHAT THEY SHALL DISBURSE AND EXPEND FOR REPARATION CESS OR OTHER PUBLIC BURDIND WHATEVER WHETHER INCIDENTAL OR ANNUAL AFFECTING THE SAID LANDS BARONIES AND OTHER HERITAGES BEFORE DISPONED IN ANY MANNER OF WAY AND HAVE DEDUCTION FOR WHAT CHARGES THEY MAY BE PUT TO IN MAINTAINING THEIR RIGHT TO THE SAID LANDS BARONIES AND OTHER HERITAGES OR THEIR POSSESSION OF THE SAME BY VIRTUE OF THESE PRESENTS AND FURTHER IN CASE IT SHALL PLEASE THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY TO HOLD THE SAID ANNUAL RENT AND THE LANDS BARONIES AND OTHER HERITAGES BEFORE DISPONED OF ME AND THE HEIRS OF TAILZIE SUCCEDING TO ME AS AFORESAID I HEREBY BIND AND OBLIGE ME AND THEM TO ENTER AND RECEIVE THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY ABOVE MENTIONED VASSALS TO US IN THE SAME AND TO INFEFT AND SEISE THEM THEREIN WITHOUT ANY COMPOSITION OR GRATUITY WHATEVER AND I OBLIGE MYSELF AND THE HEIRS OF TAILZIE SUCCEEDING TO ME AFORESAID TO ASSIGN AND MAKE OVER TO THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY THE WHOLE NON ENTRY DUTIES AND OTHER DUTIES AND CASUALTIES WHICH MAY FALL AND BE EXIGIBLE DURING THEIR NON ENTRY AND I BIND AND OBLIGE ME AND MY FORESAIDS TO DELIVER UP TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY THE WRITTS AND EVIDENTS OF THE LANDS BARONIES AND OTHER HERITAGES ABOVE MENTIONED UPON ALL OCCASIONS NECESSARY FOR FOR DEFENCE OF THIS PRESENT RIGHT IN SECURITY OF THE AFORESAID SUMS OR FOR RECOVERING PAYMENT THEREOF WHEN REQUIRED APON THEIR RECEIPT AND OBLIGEMENT FOR REDELIVERING THEREOF WHEN THESE OCCASSIONS ARE OVER AND I CONCENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OR ANY OTHERS COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND IF NEEDFUL TO HAVE A DECREET INTERPONED HERETO THAT LETTERS OF HORNING ON SIX DAYS CHARGE AND ALL OTHERS NECESSARY EXECUTION MAY PASS THEREAPON IN FORM AS OFFERS AND TO THAT EFFECT I CONSTITUTE MY PROCURATORS MOREOVER TO THE EFFECT THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS MALE WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING THE NEAREST HEIRS AND ASIGNEES WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY MAY BE INFEFT AND SEIZED NOT ONLY IN THE ANNUAL RENT BEFORE MENTIONED UPLIFTABLE FORTH OF THE LANDS BARONIES AND OTHER HERITAGES BEFORE SPECIFIED BUT ALSO IN THE SAID LANDS AND OTHERS THEMSELVES IN SECURITY AS SAID AS I THE SAID MRS MARIA MURRAY HAY MACKENZIE DESIRE AND REQUIRE YOU AND EACH OF YOU CONJUNCTLY AND SEVERALLY MY BAILLIES IN THAT PART TO THE EFFECT AFTER SPECIFIED SPECIALLY CONSTITUTE THAT ON RIGHT HEREOF YE PASS TO THE GROUND OF THE SAID LANDS CASTL TOWER AND FORTALICE OF MILNTOWN OF MEDDAT OR TO THE GROUNDS OF ANY PARTS OF THE SAID LANDS BARONIES AND OTHERS ABOVE WRITTEN AT WHICH CASTLE TOWER AND FORTALICE OF MILNTOWN OF OF MEDDAT OR APON THE GROUND OF ANY PART OR PORTION OF THE SAID LANDS BARONIES AND OTHERS ABOVE WRITTEN COMPREHENDED IN THE FORESAID CHARTER IN FAVOUR OF THE SAID JOHN MACKENZIE ESQUIRE COMMONLY CALLED LORD MACLEOD AND THE HEIRS MADE OF HIS BODY AND THE OTHER HEIRS AND SUBSTITUTES OF TAILZIES THEREIN MENTIONED SEISIN IS AUTHORISED TO BE TAKEN FOR THE WHOLE FORESAID LANDS BARONIES TEINDS AND OTHERS ABOVE WRITTEN BY DELIVERY OF EARTH AND STONE OF THE GROUND THEREOF WITHOUT ANY OTHER SYMBOLS AND THERE GIVE AND DELIVER HERITABLE STATE AND SEISIN REAL ACTUAL AND CORPORAL POSSESSION TO THE SAID ALEXANDER MACKENZIE WHOM FAILING THE HEIRS MALE WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING THE NEAREST HEIRS AND ASSIGNEES WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY NOT ONLY OF ALL AND WHOLE THE FORESAID ANNUAL RENT OF ONE HUNDRED AND SIXTY FIVE POUNDS NINETEEN SHILLINGS ONE FARTHING STERLING OR SUCH ANNUAL RENT LESS OR MORE AS SHALL AFFAIR AND CORRESPOND BY LAW FOR THE TIME TO THE AFORESAID PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENCE ONE THIRD OF A PENNY STERLING TO BE UPLIFTED AND TAKEN AT THE SAID TWO TERMS IN THE YEAR WHITSUNDAY AND MARTIMAS BY EQUAL PORTIONS BEGINNING THE FIRST UP LIFTING THEREOF AT THE TERM OF WHITSUNDAY NEXT TO COME FOR THE HALF YEAR FROM MARTINMAS LAST TO THAT TERM AND THE NEXT HAVE YEARS UPLIFTING THEREOF AT MARTINMAS FOLLOWING AND SO FORTH HALF YEARLY THEREAFTER AT THE TERMS ABOVE MENTIONED DURING THE NOT REDEMPTION FURTH OF ALL AND SUNDRY THE LANDS BARONIES TEINDS AND OTHER HERITAGE BEFORE WRITTEN AND HERE HELD AS REPEATED BREVITATIS CAUSA OR FOURTH OF ANY PART OR PORTION OF THE SAME LANDS BARONIES TEINDS AND OTHER HERITAGES BEFORE SPECIFIED READIEST RENTS MAILLS FARMS PROFITS AND DUTIES OF THE SAME BUT ALSO OF ALL AND SUNDRAY THE SAID LANDS BARONIES TEINDS AND OTHER HERITAGES THEMSELVES WITH THE PERTINENTS IN REAL SECURITY TO THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY OF THE ABOVE MENTIONED SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE ON THIRD OF A PENNY STERLING ANNUAL RENTS THEREOF LIQUIDATE PENALTY AND TERMLY FAILURES BEFORE SPECIFIED IF INCURRED AND THAT BY DELIVERY TO THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY OR TO HIS OR THEIR CERTAIN ATTORNEY OR ATTORNIES IN THEIR NAMES BEARERS HEREOF OF EARTH AND STONE OF THE GROUND OF THE SAID LANDS BARONIES TEINS AND OTHERHERITAGES AND A PENNY MONEY FOR THE SAID ANNUAL RENT AND ALL OTHER SYMBOLS NECESSARY TO BE HOLDEN IN MANNER BEFORE MENTIONED DECLARING ALWAYS THAT THE SAID INFEFTMENT OF ANNUAL RENT AND THE OTHER INFEFTMENT OF PROPERTY IN SECURITY ARE AND SHALL BE CONSISTENT OR MAY BE USED JOINTLY OR SEPERATELY BY THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY IN THEIR OPTION AND DECLARING ALSO AS IT IS HEREBY SPECIALLY PROVIDED AND DECLARED THAT THE AFORESAID ANNUAL RENT OF ONE HUNDRED AND SIXTY FIVE POUNDS NINETEEN SHILLINGS ONE FARTHING STERLING AND LANDS AND BARONIES TEINDS AND OTHERS HERITAGES BEFORE DISPONED OUT OF WHICH THE SAME IS PAYABLE SHALL BE REDEEMABLE BY ME THE SAID MRS MARIA MURRAY HAY MACKENZIE AND THE HEIRS OF TAILZIE SUCCEEDING TO ME THE SAID LANDS BARONIES TEINDS AND OTHER HERITAGES FROM THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY BY PAYMENT TO THEM OR LAWFUL CONSIGNATION FOR THEIR BEHOOF AT THE SIGHT OF THE SAID RIGHT HONOURABLE THE LORD OF COUNCIL AND SESSION OR THE LORD ORDINARY OF THE SAID COURT OFFICIATING ON THE BILLS IN CASE THE CONSIGNATION SHALL BE MADE IN TIME OF VACATION OF THE FORESAID PRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS FIVE PENSE ONE THIRD OF A PENNY STERLING WITH THE ANNUAL RENTS THEREOF AND THE LIQUIDATE PENALTY AND TERMLY FAILURES RESTING AND INCURRED AT THE TIME TOGETHER WITH THE NECESSARY CHARGES THAT SHALL HAPPEN TO BE EXPENDED BY THE SAID ALEXANDER MACKENZIE WHOM FAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY IN INFEFTING OR OTHERWAYS SECURING THEMSELVES IN THE SAID ANNUAL RENTS AND LAND BARONIES TEINDS AND OTHER HERITAGES FORESAID AND LIKEWISE OF ALL EXPENCES INCURRENCES IN CONVEYING AND DISCHARGING OR RENOUNCING THESE PRESENTS EITHER IN WHOLE OR IN PART CONFORM TO AN ACCOUNT OF THE SAME TO BE GIVEN IN BY THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVE MENTIONED OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY AND THAT AT AND AGAINST THE SAID TERM OF WHITSUNDAY NEXT OR AT THE TERM OF MARTINMAS OR WHITSUNDAY IN ANY SUBSEQUENT YEAR AND IF THE SAME SHALL HAPPEN TO FALL ON A SUNDAY THEREAPON THE MONDAY FOLLOWING APON LAWFUL PREMONITION OF FORTY DAYS TO BE MADE BY ME AND MY FORESAIDS TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY IN PRESENCE OF A NOTARY PUBLIC AND WITNESSES AS AFFAIRS THE PLACE OF REDEMPTION TO BE WRITTEN THE PARLIAMENT OR NEW SESSION HOUSE OF EDINBURGH AND THE CONSIGNATION IN CASE OF ABSENCE OR REFUSED TO BE IN THE HANDS OF THE TREASURER TO THE GOVERNMENT AND COMPANY OF THE BANK OF SCOTLAND FOR THE TIME UPON THE PAID OF THE CONSIGNER AND IT IS HEREBY DECLARED THAT AN EXTRACT OR COPY HEREOF OR OF THE SASINE TO FOLLOW HEREAPON SHALL BE AS EFECTUAL FOR USING THE SAID ORDER OF REDEMPTION AS IF A PARTICULAR LETTER OF REVERSION WERE GRANTED BY THE SAID ALEXANDER MACKENZIE OR BY THE HEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY FOR THAT EFFECT AND THESE THINGS IN NOWAYS YE LEAVE UNDONE FOR THE DOING WHEREOF I 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 WITNESSOF I HAVE SUBSCRIBED THESE PRESENTS CONSISTING OF THIS AND THIRTY EIGHT PRECEEDING PAGES OF DULY STAMPTED PAPER TOGETHER WITH THE MARGINAL NOTE ADDITION ON PAGE EIGHTEENTH ALL WRITTEN BY HENRY CHEYNE APPRENTICE TO JOSEPH GORDON WRITER TO THE SIGNET
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
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 PRECEPT OF 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 MCKENZIE 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 MCLEOD 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 ASIGNEES 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 MARTIMAS 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 FORESAID 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 MCLEOD 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 THEM AS TUTOR AND CURATOR FORESAID AND THEIR FORESAIDS 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 FORESAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE TERMS AND IN MANNER FORESAID 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 ARDBOLL 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 THE SAID 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 FULY 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 MCLEOD ESQUIRE RENOUNCED ACQUITTED AND OVERGAVE 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 TUTRIX FORESAID 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 SUBSUMES THAT THE SAID COLONEL PATRICK BRUCE HAD MADE PAYMENT TO HER THE SAID MRS KATHARINE SUTHERLAND OR MACKENZIE AS TUTRIX FORESAID 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 FORESAID 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 FORESAID 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 THERAFTER DURING THE NOT REDEMPTION FURTH 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 CUNNINGARDS DOVES DOVECOTS COALS HEUGHS SMIDDIES KILNS BREWERIES WHINS WOODS FORESTS TWIGS TIMBER QUARIES AS WELL STONE AS LIME WITH COURTS AND THEIR EMOLUMENTS HEREZELDS BLOODWITS FINES WITH COMMON PASTURE AND FREE UH AND ENTRY AND WITH ALL AND SUNDRY OTHER LIBERTIES PROFITS IMMUNITIES AND THEIR JUST PERTINENTS WHATSOEVER AS WELL NOT NAMED AS NAMED LYING IN THE PARISH OF TARBAT AND SHERIFFDOM OF ROSS AS THE SAID LANDS ARE DESCRIBED IN A 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 OF THE 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 WHOLETHE 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 TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS OF THE FORESAID 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 TUTRIX FORESAID 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 FORESAID BOUND AND OBLIGED HERSELF AND HER AFORESAID DUTY AND LAWFULLY TO INFEFT AND SEISE THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS 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 INITSELF MORE FULLY BEARS WHICH DISPOSITION AND ASSIGNATION THE SAID PROCURATOR EXHIBITED AND PRODUCED TO THE SAID BAILIE DESIRING AND REQUIRING HIM TO PROCEED TO THE EXECUTION OF THE OFFICE OF BAILIARY THERBY COMMITTED TO HIM WHICH DESIRE THE SAID BAILIE 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 ANDOF 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 OF 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 STATE AND SASINE WITH ACTUAL REAL AND CORPORAL POSSESSION TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS NOT ONLY OF ALL AND WHOLE THE FORESAID 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 PERTINENTS IN REAL SECURITY TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS OF THE AFORESAID SUM OF FOUR THOUSAND FIVEHUNDRED 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 OF 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 BE HOLDEN IN MANNER BEFORE MENTIONED DECLARING ALWAYS THAT THE SAID INFEFT MENT 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 FORESAIDS AT PLEASURE BUT REDEAMABLY ALWAYS AND UNDER REVERSION IN TERMS OF AND CONFORM TO THE CLAUSE OF REVERSION CONTAINED IN THE FORESAID HERITABLE BOND AND THESE THINGS IN NO WAYS YE LEAVE UNDONE FOR DOING WHEROF I I 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 FORESAID ANNUAL RENT OF TWO HUNDRED AND TWENTY FIVE POUNDS STERLING OR SUCH AN ANNUAL RENT LESS OR MORE AS SHALL BY LAW FOR THE TIME OFFER AND CORRESPOND TO THE FORESAID PRINCIPAL SUM OF FOUR THOUSAND FIVE HUNDRED POUNDS STERLING TO BE UPLIFTED AND TAKEN AT THE FORESAID TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS DURING THE NOT REDEMPTION FURTH 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 FURTH 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 PERTIMENTS IN REAL SECURITY TO THE SAID COLONEL PATRICK BRUCE AND HIS FORESAIDS 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 FORESAID PRECEPT OF SASINE WHEREAPON 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 OCLOCK 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 REQIRED AND HERETO WITH ME SUBSCRIBING SIC SUBSCRIBITUR ET EGO VERO JOSEPH GORDON CLERK EDINBURGH GEANIES DIOCEASE NOTARY PUBLIC
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
RELIEF ASSIGNATION BY SIR JAMES SUTHERLAND MACKENZIE IN FAVOUR OF MESSEURS GORDON STUART AND CHEYNE 1848 B32 NO6 I SIR JAMES SUTHERLAND MACKENZIE OF TARBAT BARONET CONSIDERING THAT A CLAIM OF DEBT HAS BEEN ESTABLISHED AGAINST ME UNDER CERTAIN LEGAL PROCEEDINGS BY MRS JANE KING OF THE QUEENS HOTEL CLIFFORD STREET LONDON AMOUNTING TO TWO HUNDRED AND NINETEN POUNDS STERLING AND IT HAS WITH MY CONCENT AND APPROBATION BEEN ARRANGED BETWEEN MESSEURS WEIR AND GARDNEI WRITERS TO THE SIGNET IN EDINBURGH AS AGENTS FOR MRS KING ON THE ONE PART AND MESSEURS GORDON STUART AND CHEYNE WRITERS TO THE SIGNET MY AGENT ON THE OTHER PART THAT THE SAID DEBT SHALL BE PAID OFF BY INSTALMENTS FROM THE INTEREST DUE AND PAYABLE TO ME BY JOHN HAY MACKENZIE ESQUIRE AND THE HONOURABLE MRS MARIA MURRAY HAY MACKENZIE OF CROMARTY ON THEIR JOINT BOND TO MY LATE BROTHER SIR ALEXANDER MACKENZIE OF TARBAT BARONET AND TO WHICH I HAVE NOW RIGHT AS PRESENT HEIR OF ENTAIL UNDER A DEED OF ENTAIL OF THE BARONY OF ROYSTON EXECUTED BY GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY FOR THE SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE STERLING BEING THE BALANCE OF THE PRICE OF THE SAID ESTATE OF ROYSTON SOLD UNDER THE AUTHORITY OF AN ACT OF PARLIAMENT FOR PAYMENT OF THE ENTAILED DEBTS IN THE HANDS OF THE SAID HONOURABLE MRS MARIA MURRAY HAY MACKENZIE AND JOHN HAY MACKENZIE AS HEIRS OF ENTAIL OF THE ESTATE OF CROMARTY ON WHICH ESTATE THE SAID BALANCE IS DECLARED TO BE A REAL BURDEN BY A DECREET OF THE COURT OF SESSION THE SAID INTEREST OF THE SAID SUM AT PRESENT AT THE RATE OF FIVE PER CENT PER ANNUM BEING PAYABLE TO ME DURING MY LIFE HALF YEARL AT THE TERMS OF WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS THE SAID ARRANGEMENT BEING THAT FROM THE INTEREST OF THE SAID BOND WHICH BECAME DUE AT AND PRIOR TO LAST WHITSUNDAY EIGHTY FIVE POUNDS STERLING OF THE SAID DEBT SHALL BE IMMEDIATELY PAID OFF LEAVING A BALANCE DUE BY ME OF ONE HUNDRED AND THIRTY FOUR POUNDS AND FOR THE LIQUIDATION OF WHICH BALANCE DUE BY ME OF ONE HUNDRED AND THIRTY FOUR POUNDS AND FOR THE LIQUIDATION OF WHICH BALANCE THERE SHALL BE PAID ONE HALF OF THE TERMLY INTERESTS TO BECOME DUE TO ME AS AFORESAID AT THE TERM OF MARTINMAS IN THIS PRESENT YEAR EIGHTEEN HUNDRED AND FORTY EIGHT AND AT EACH TERM OF WHITSUNDAY AND MARTINMAS THEREAFTER UNTIL THE SAID DEBT WITH PROGRESSIVE INTEREST THEREON BE FULLY PAID AND EXTINGUISHED WHICH PAYMENTS THE SAID MESSEURS GORDON STUART AND CHEYNE HAVE GUARANTEED SHALL BE PUNCTUALLY MADE TO THE SAID MRS KING AND HER AGENTS ON CONDITION OF MY GRANTING THESE PRESENTS IN MANNER UNDER WRITTEN THEREFOR I HAVE MADE AND CONSTITUTED AS I DO HEREBY MAKE AND CONSTITUTE JOSEPH WRITER TO THE SIGNET ALEXANDER STUART CIRCUIT CLERK OF JUDICIARY AND HENRY CHEYNE WRITER TO THE SIGNET CO-PARTNERS CARRING ON BUSINESS UNDER THE SAID FIRM OF GORDON STUART AND CHEYNE MY CESSIONERS AND ASSIGNEES IN AND TO THE SAID ANNUAL INTEREST OF THE SAID SUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS AND FIVE PENCE PAYABLE TO ME BY THE SAID HONORABLE MRS MARIA MURRAY HAY MACKENZIE AND JOHN HAY MACKENZIE HALF YEARLY AS AFORESAID FOR THEIR EFFECTUAL RELIEF OF THEIR SAID GUARANTEE ENGAGEMENT AND FURTHER I HEREBY CONSTITUTE AND APPOINT THE SAID MESSEURS GORDON STUART AND CHEYNE MY AGENTS AND FACTORS TO CALL FOR UPLIFT AND RECEIVE FROM THE SAID HONORABLE MRS MARIA MURRAY HAY
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.
THE PETITIONERS EDINBURGH - PAUL KAY FOSTER MACKENZIE
THE PETITIONERS EDINBURGH
THE PETITIONERS EDINBURGH
ALEXANDER MACKENZIE’S PETITION
SIGNET PAPERS 1811
SIGNET LIBRARY EDINBURGH
THE LORD ORDINARY THROUGH THE PETITIONERS HOPE THAT APON A PROPER EXPLANATION TO YOUR LORD SHIPS THESE WILL CLEARY APPEAR TO YOU NOT TO BE WELL FOUNDED. IN ORDER TO SHOW YOUR LORDSHIPS TO WHAT PARTICULAR FUND THE SUM IN MEDIO BELONGS AS WELL AS TO SATISFY YOU OF THE PROPRIETY OF THE INTERFERENCE OF THE COURT IN THIS INSTANCE, IT WILL BE NECESSARY FOR THE PETITIONERS TO TROUBLE YOU WITH A DETAIL WHICH MAY APPEAR AT FIRST SIGHT RATHER COMPLICATED AND MINUTE. BUT THE PETITIONERS ARE CONFIDENT THAT A STATEMENT OF THIS SORT WILL ENABLE THE COURT WITH THE LEAST TROUBLE AT LAST TO DETERMINE THE MATTER AT ISSUE AND THEY FEEL THEMSELVES BOUND TO PUT THE COURT FULLY IN POSSESSION OF THE HISTORY OF THE CASE AS THEY KNOW THAT COUNTER STATEMENTS WILL BE PRESENTED TO YOUR LORDSHIPS FROM ANY OTHER PARTY ALL INTERESTED, BEING HERE FULLY SATISFIED OF THE PROPRIETY OF THE MEASURES WHICH THE PETITIONERS MOVED THE LORD ORDINARY TO SANCTION.
GEORGE VISCOUNT TARBAT AFTERWARDS EARL OF CROMARTY, EXECUTED A STRICT ENTAIL IN 1688 OF THE BARONY OF ROYSTON IN FAVOUR OF JAMES MACKENZIE, HIS YOUNGEST SON, AFTERWARDS LORD ROYSTON AND THE HEIRS MALE OF HIS BODY WHOMFAILING, OF SIR KENNETH MCKENZIE, HIS SECOND LAWFUL SON, AND THEHEIRS MALE OF HIS BODY; WHOM FAILING, JOHN, MASTER OF TARBAT,AFTERWARDS SECOND EARL OF CROMARTY THE VISCOUNTS ELDEST SON, AND THE HEIRS-MALE OF HIS BODY WHOMFAILING; OF THE HEIRS MALE TO BE PROCREATED OF THE VISCOUNTS BODY WHOMFAILING, ANY OTHER PERSON OR PERSONS TO BE NOMINATED AND APPOINTED BY HIM;WHOMFAILING, HIS OWN OTHER HEIRS MALE WHATSOEVER; WHOM ALL FAILING HIS OWN HEIRS AND ASSIGNEES WHATSOEVER.
IN 1739 LORD ROYSTON THE INSTITUTE IN THE ENTAIL OBTAINED AN ACT OF PARLIAMENT AUTHORISING A SALE OF THE ESTATE, FOR THE PURPOSE OF DISCHARGING DEBTS WITH WHICH IT STOOD AFFECTED. BTY THIS ACT IT WAS DECLARED LAWFUL TO LORD ROYSTON, WITH THECONSCENT OF CERTAIN TRUSTEES THEREIN NAMED TO SELL THE BARONY OF ROYSTON OF ROYSTON, NOTWITHSTANDING THE CONDITIONS IN THE ENTAIL BUT WITH THIS PROVISO THAT THE TRUSTEES SHOULD LAY OUT THE RESIDUE AND SURPLUS OF THE PRICE IN THE PURCHASE OF OTHER LANDS TO BE SETTLED AND PROVIDED TO THE SAID SIR JAMES MCKENZIE AND OTHER HEIRS OF ENTAIL OF THE ESTATE OF ROYSTON: SUBJECT TO THE RESTRICTIONS AND LIMITATIONS CONTAINED IN THE ENTAIL AND, IN THE MEAN TIME, THAT THEY SHOULD PLACE OUT SUCH RESIDUE OR SURPLUS AT INTEREST UPON REAL OR OTHER SUFFICIENT SECURITY THE ESTATES OF ROYSTON WAS SOLD UNDER AUTHORITY OF THIS ACT OF PARLIAMENT AND PURCHASED BY JOHN DUKE OF ARGYLL AT THE PRICE OF 7000L WHICH WAS PAID TO LORD ROYSTON. LORD ROYSTON DIED IN 1744. HE LEFT NO HEIRS MALE OF HIS OWN BODY BUT HE LEFT A DAUGHTER, WHO WAS MARRIED TO SIR JOHN STEWART OF GRANTULLY THE REPRESENTATIVE OF WHICH FAMILY IS STILL THE HEIR OF LINE OF LORD ROYSTON. THE ROYSTON ESTATE BEING AS ALREADY MENTIONED DESTINED IN THE FIRST INSTANCE TO MALE SUBSTITUTES, THE SUCCESSION TO IT OR RATHER TO THE RESIDUE OF THE PRICE NOW OPENED TO SIR GEORGE MCKENZIE OF GRANDVILLE, WHO WAS HEIR MALE OF SIR KENNETH MCKENZIE, THE FIRST SUBSTITUTE IN THE TAILZIE. THE RESIDUE OF THE PRICE OF ROYSTON, HOWEVER, REMAINED IN THE HANDS OF LORD ROYSTON’S HEIR OF LINE SIR JOHN STEWART WHO PAID THE INTEREST OF THE MONEY TO THE HEIR OF ENTAIL. IT NOW APPEARS THAT THE SALE OF ROYSTON HAD BEEN A COLLUSIVE MEASURE ALTOGETHER ON THE PART OF LORD ROYSTON, TO DEFEAT THE HEIRS OF ENTAIL, AND TO FAVOUR HISOWN DAUGHTER, WHO COULD NOT INHERIT THE ESTATE, AS IT WAS A MALE TAILZIE. LORD ROYSTON THEREFOR, MUSTERED UP A NUMBER OF FICTITTIOUS DEBTS AS DUE BY THE ORIGINAL TAILZIER, AND GOT THE ACT OF PARLIAMENT PASSED, AUTHORISING HIM TO SELL THE ESTATE. THIS CAME SOON AFTER HIS LORDSHIPS DEATH HOWEVER, TO BE DISCOVERED; AN ACTION WAS BROUGHT AGAINST HIS HEIR OF ENTAIL, TO COMPEL HIM TO ACCOUNT TO THE HEIRS OF ENTAIL FOR THE PRICE OF THE ESTATE. THIS ACTION WAS AT THE INSTANCE OF SIR GEORGE MCKENZIE OF GRANDVILLE, THE HEIR MALE AND TAILZIE, IN ROYSTON, AND IT WAS BROUGHT BEFORE THE COURT OF SESSION, AGAINST SIR JOHN STEWART, THE GRANDSON AND HEIR OF LINE OF LORD ROYSTON, AND AGAINST THE TRUSTEES APPOINTED BY THE ACT OF PARLIAMENT, FOR SELLING THE ENTAILED ESTATE TO ACCOUNT FOR THE PRICE OF THE ESTATE. DURING THE DEPENDENCE OF THIS ACTION, SIR GEORGE MCKENZIE DIED; BUT IT WAS AFTERWARDS PROSECUTED TO A CONCLUSION, BY SIR KENNETH MCKENZIE, HIS BROTHER, WHO SUCCEEDED TO HIM. IN 1758, THIS COURT PRONOUNCED A DECREE IN THIS ACTION, FINDING. THAT AFTER PAYMENT OF ALL DEBTS WITH WHICH THE ESTATE OF ROYSTON WAS JUSTLY CHARGEABLE, THERE REMAINED A FREE RESIDUE OF THE PRICE, AMOUNTING TO L.4813:17:9 AND ONE THIRD STERLING; AND ORDAINED SIR JOHN STEWART TO MAKE PAYMENT OF THE SUM, TO BE LAID OUT AND EMPLOYED IN CONFORMITY TO THE DEED OF ENTAIL, AND TO THE DIRECTIONS OF THE SAID ACT OF PARLIAMENT, AT THE SIGHT AND BY THE APPROBATION OF THE SUPREME COURT. THIS WAS KEENLY LITIGATED QUESTION AND A SHORT HISTORY OF IT WILL BE FOUND IN MOST OF THE PRINTED COLLECTIONS OF DECISIONS FOR THE TIME. IT IS NOTICED IN THE DICTIONARY. (VOLUME IV VOCE TAILZIE) IT IS REPORTED BY LORD KAIMES IN HIS SELECT DECISIONS-AND IN THE FACULTY COLLECTION-BOTH UNDER DATE OF 1ST JULY 1752. THE QUESTION THEN WAS, WHETHER YOUR LORDSHIPS WERE ENTITLED TO ENTER INTO AN EXPISCATION OF A SALE WHICH HAD BEEN AUTHORIZED, AND OF DEBTS WHICH HAD BEEN SUSTAINED BY A SPECIAL ACT OF PARLIAMENT PASSED FOR THE PURPOSE. YOUR LORDSHIPS PREDECESSORS AT FIRST THOUGHT THAT YOU HAD NO TITLE TO INTERFERE IN SUCH A CASE; AND A DECISION WAS PRONOUNCED ACCORDINGLY TO THIS EFFECT. BUT THE CASE WAS CARRIED TO THE HOUSE OF LORDS, WHEN THE PREVIOUS JUDGEMENT HERE WAS REVERSED; AND IT WAS DECLARED COMPETENT FOR THIS COURT, BY THE INHERENT JURISDICTION WHICH YOUR LODSHIPS HAVE IN EVERY CAUSE OF FRAUD OR VIOLATED TRUST, TO TAKE COGNIZANCE OF LORD ROYSTON’S PROCEEDINGS, AND TO SEE JUSTICE DONE TO THE HEIRS OF TAILZIE OF ROYSTON, WHO HAD BEEN DEPRIVED OF A VALUABLE PROPERTY WHICH THEY WERE UNQUESTIONABLY ENTITLED TO RECOVER. IN THIS WAY THE DECREET BEFORE MENTIONED, AT SIR KENNETH MCKENZIE’S INSTANCE IN 1758, WAS ULTIMATELY PRONOUNCED. THE COURT THEN ASCERTAINED THE BALANCE DUE TO THE HEIRS OF ENTAIL BY LORD ROYSTON’S HEIR OF LINE TO BE AS BEFORE STATED £4813:17:9. AND THIS SUM THE COURT THEN APPOINTED TO BE INVESTED AT THEIR SIGHT FOR BEHOOF OF THE HEIRS OF ENTAIL NOT FROM ANY PARLIAMENTARY ENACTMENT IMPERATIVE UPON THE COURT BUT SIMPLY BECAUSE THE COURT EX PROPRIOMOTU HELD IT THEIR PROVINCE IN THE PARTICULAR CIRCUMSTANCES TO SEE THE MONEY SECURED OR AGAIN INVESTED IN HERITABLE PROPERTY FOR THE BENEFIT OF THE HEIRS OF TAILZIE. SIR KENNETH MCKENZIE HOWEVER DIED SOON AFTER THIS DECREE WAS PRONOUNCED WITHOUT ISSUE MALE. THE SUCCESSION TO THE ROYSTON RESIDUE THEN OPENED TO GEORGE EARL OF CROMARTY WHO WAS ELDEST SON AND CONSEQUENTLY HEIR MALE OF THE BODY OF JOHN MASTER OF TARBAT THE SUBSTITUTE SECOND IN ORDER OF TAILZIE. THE EARL OF CROMARTY, HOWEVER HAVING BEEN ATTAINED IN 1746 HIS RIGHT TO THE ANNUAL PRODUCE OF THE ROYSTON RESIDUE BECAME VESTED IN THE CROWN WHO REMAINED IN THE RIGHT OF THE HEIR OF ENTAIL OF ROYSTON TILL 1789. FOR THOUGH THE ESTATE OF CROMARTY WAS RESTORED TO JOHN MCKENZIE LORD CROMARTIE’S ELDEST SON KNOWN BY THE NAME OF LORD MCLEOD HIS INTEREST IN THE ROYSTON RESIDUE WAS FROM SOME OMISSION NOT RESTORED AT THE SAME TIME. IN 1789 LORD MCLEOD ONLY SON OF THE ATTAINED EARL OF CROMARTY HAVING DIED WITHOUT ISSUE THE SUCCESSION TO THE ROYSTON RESIDUE OPENED TO THE LATE KENNETH MACKENZIE OF CROMARTIE WHO WAS NOW HEIR MALE OF JOHN MASTER OF TARBAT BEING ELDEST SON OF THE HONOURABLE RODERICK MCKENZIE WHO WAS SECOND SON OF THE MASTER, AND BROTHER OF THE ATTAINED EARL. KENNETH MCKENZIE WAS ALSO BOTH HEIR MALE AND HEIR OF TAILZIE AND PROVISION UNDER AN ENTAIL EXECUTED BY LORD MCLEOD, THE LAST PROPRIETOR IN THE CROMARTY STATES. KENNETH MCKENZIE DIED IN 1796. HE WAS SUCCEEDED AS HEIR MALE AND OF TAILZIE IN THE ROYSTON RESIDUE, BY COLONEL MCKENZIE THE FATHER OF THE PARTY WHO NOW ADDRESSES YOUR LORDSHIPS. THE LATTER EXPEDE A SERVICE AS HEIR MALE OF GEORGE IST EARL OF CROMARTIE, THE MAKER OF THE TAILZIE COLONEL MCKENZIE BEING GREAT-GRANDSON OF ALEXANDER MCKENZIE, A BROTHER OF THE NOBLE EARL. IN THE CROMARTIE ESTATES IN CONSEQUENCE OF LORD MCLEODS ENTAIL, MR KENNETH MCKENZIE, WAS SUCCEEDED BY LADY ELIBANK, SISTER OF LORD MCLEOD, AND ELDEST DAUGHTER OF GEORGE, THE ATTAINED EARL OF CROMARTY. LADY ELIBANK HAS SINCE BEEN SUCCEEDED IN THOSE ESTATES BY HER DAUGHTER, THE HONOURABLE MRS. HAY MCKENZIE OF CROMARTIE, WHO HAS MADE REGULAR APPEARANCE IN THIS QUESTION. FROM THE PRECEDING NARRITIVE YOUR LORDSHIPS WILL OBSERVE, THAT THE RIGHT TO THE ROYSTON AND CROMARTY ESTATES WERE VESTED FOR SOME TIME IN THE SAME INDIVIDUALS, GEORGE LORD CROMARTIE, LORD MCLEOD, AND KENNETH MCKENZIE; BUT THAT THE SUCCESSION SEPERATED AFTER THE DEATH OF KENNETH MCKENZIE OF CROMARTIE IN 1796. ALTHOUGH THE DECREE AT SIR KENNETH MCKENZIE’S INSTANCE WAS PRONOUNCED IN THE TERMS ALREADY MENTIONED IN 1758, YET, FROM SIR KENNETH’S DEATH, SOON AFTERWARDS THE RESIDUE OF ROYSTON PRICE REMAINED IN THE HANDS OF SIR JOHN STEWART OF GRANTULLY, LORD ROYSTON’S HEIR OF LINE FOR MANY YEARS. BUT IT WAS RECOVERED FROM HIM BY MR. KENNETH MCKENZIE, LAST OF CROMARTIE, SHORTLY BEFORE HIS DEATH, IN THE FOLLOWING MANNER: MR. KENNETH MCKENZIE, QUA HEIR OF TAILZIE IN ROYSTON, BROUGHT AN ACTION IN 1791 BEFORE YOUR LORDSHIPS AGAINST THE PRESENT SIR JOHN STEWART, CONCLUDING FOR PAYMENT OF THE BALANCE OF THE PRICE OF ROYSTON. IN BAR OF THIS ACTION IT WAS PLEADED, THAT SIR JOHN WAS NOT IN SAFETY TO PAY THE SUM DEMANDED BY MR. MCKENZIE, THE PURSUER, AS BY THE FORMER DECREE OBTAINED BY SIR KENNETH MCKENZIE IN 1758, THE MONEY WAS DIRECTED TO BE LAID OUT IN CONFORMITY TO THE DEED OF ENTAIL OF THE ESTATE OF ROYSTON, AND ACCORDING TO THE DIRECTIONS OF THE ACT OF PARLIAMENT AUTHORISING THE SALE OF THAT ESTATE, AT THE SIGHT AND BY THE APPROBATION OF YOUR LORDSHIPS. FOR OBVIATING THIS OBJECTION KENNETH MCKENZIE STATED THAT HE HIMSELF COULD GIVE UNQUESTIONABLE SECURITY FOR THE MONEY FOR THE ESTATE OF CROMARTY HAD BEEN RESTORED TO HIS PREDECESSOR UPON THE CONDITION OF MAKING PAYMENT TO THE CROWN OF £19,000 STERLING WHICH SUM WAS, BOTH BY AN ACT OF PARLIAMENT AUTHORISING THE RESTORATION OF THE FORFEITED ESTATES, AND BY THE SUBSEQUENT GRANT OF CROMARTY ESTATE FROM THE CROWN, DECLARED TO BE A REAL BURDEN ON THE PROPERTY RESTORED. THE DEBT TO THE CROWN WAS AT THAT PERIOD OF MR. KENNETH MCKENZIE’S SUCCESSION, REDUCED TO £4818:16s:2 AND ELEVEN TWELVES BEING ONLY £5, MORE THAN THE RESIDUE OF THE PRICE OF ROYSTON. KENNETH MCKENZIE THEREFOR PROPOSED, THAT SIR JOHN STEWARD OF GRANDTULLY SHOULD PAY THE ROSTON RESIDUE INTO THE EXCHEQUER, IN SATISFACTION OF THIS DEBT ANDIT WAS SAID THE BARONS OF EXCHEQUER WOULD GRANT AN ASSIGNATION OF THE CLAIMS WHICH THE CROWN HAD ON THE CROMARTIE ESTATES, IN FAVOUR OF MR. KENNETH MCKENZIE AND OTHER HEIRS OF THE ENTAIL OF ROYSTON. THE PROPOSAL MET WITH THE APPROBATION OF YOUR LORDSHIPS, AND THEREFORE, OF THIS DATE, DECREE WAS PRONOUNCED IN MR. KENNETH MCKENZIE’S ACTION AGAINST SIR JOHN STEWART, FINDING, THAT SIR JOHN STEWARD, AS REPRESENTING SIR JAMES MCKENZIE HIS GRANDFATHER, MUST PAY UP THE PRINCIPAL SUM LIBELLED, BEING THE REVERSION OF THE ESTATE OF ROYSTON, WITH THE INTEREST THEREOF; AND DESCERNING AND ORDAINING THE SAID SIR JOHN STEWART, DEFENDER, TO MAKE PAYMENT TO THE SAID KENNETH MCKENZIE, PURSUER, OF THE AFORESAID SUM OF£4813:17:9 AND ONE THIRD STERLING, WITH THE INTEREST DUE THEREON, AND THIS IN ORDER THAT THE SAID PRINCIPAL SUM MAY BE PAID INTO EXCHEQUER, TO ACCOUNT OF THE SUM DUE TO THE GOVERNMENT BY THE ESTATE OF CROMARTIE, UPON AN ASSIGNATION OF THE SUM SO PAID, TO BE GRANTED TO THEM PURSUER AND THE HEIRS MALE OF HIS BODY; WHOM FAILING, TO THE OTHER HEIRS OF THE SAID ESTATE OF ROYSTON. IN CONSEQUENCE OF THIS DECREE, SIR JOHN STEWART, ON THE 18TH OF SEPTEMBER 1795, PAID INTO THE EXCHEQUER THE SUM OF £4813:17:9 AND ONE THIRD BEING THE RESIDUE OF THE ROYSTON PRICE. THE ARREARS OF INTEREST WERE ALSO CHARGED. MR. KENNETH MCKENZIE AT THE SAME TIME PAID NTO THE EXCHEQUER THE SMALL BALANCE OF PRINCIPAL WHICH REMAINED DUE TO THE CROWN OF THE CROMARTY DEBT, MORE THAN THE AMOUNT OF THE ROYSTN RESIDUE CONSIGNED BY SIR JOHN STEWART. AT THAT TIME THIS PAYMENT WAS MADE, THE COURT OF EXCHEQUER WAS NOT SITTING. INSTEAD THEREOF OF AN ASSIGNATION HAVING BEEN OBTAINED IN TERMS OF THE DECREE OF YOUR LORDSHIPS, THE ONLY VOUCHER GRANTED FOR THIS SUM WAS A RECEIPT FROM MR.BAIRD, DEPUTY KING’S REMEMBRANCER, IN THE FOLLING TERMS: EXCHEQUER CHAMBERS, EDINBURGH, 18TH SEPTEMBER 1795 RECEIVED FROM SIR JOHN STEWART OF GRANDTULLY, BARONET BY THE HANDS OF MR. WILLIAM MCDONALD, CLERK TO THE SIGNET, THE SUM OF £4813:17:9 AND ONE THIRD STERLING; AND FROM KENNETH MCKENZIE. ESQUIRE OF CROMARTIE, BY THEHANDS OF MR ALEXANDER DUNCAN, WRITER TO THE SIGNET, THE FURTHER SUM OF £1649:4:9-12ths STERLING, MAKING ALTOGETHER THE SUM OF L. 6463:2:7 STERLING, BEING THE AMOUNT OF THE DEBT, PRINCIPAL AND INTEREST, DUE TO THE CROWN OUT OF THE ESTATE OF CROMARTY, AND OF WHICH DEBT THE BARONS OF EXCHEQUER ARE TO GRANT A FULL DISCHARGE AND RENUNCIATION TO THE SAID KENNETH MCKENZIE ESQUIRE, AS HEIR OF ENTAIL OF THE SAID ESTATE OF CROMARTY, AND ALL OTHERS CONCERNED. IN WITNESS WHEREOF, &c. IN THE ENSUING EXCHEQUER TERM, AN APPLICATION WAS MADE TO THE BARONS FOR AN ASSIGNATION TO THE DEBT IN TERMS OF THE INTERLOCTOR OF YOUR LORDSHIPS; BUT THE BARONS DECLINED TO COMPLY WITH THE REQUEST, AND WOULD GRANT NOTHING BUT A RENUNCIATION; AND, EXCEPTING MR. BAIRD’S RECEIPT, NEITHER SIR JOHN STEWART NOR THE PROPRIETOR OF THE ESTATE OF CROMARTY HAVE EVER YET OBTAINED ANY OTHER VOUCHER FOR THE PAYMENT IN QUESTION. IT IS IN THIS STATE THE RIGHT TO THIS DEBT STILL REMAINS. IN THE YEAR 1801, THEREFORE, AN ACTION WAS BROUGHT INTO THE COURT AT THE INSTANCE OF THE PETITIONER’S FATHER, COLONEL MCKENZIE, TO WHOM, AS HEIR MALE WHATSOVER OF THE CROMARTIE FAMILY, THE SUCCESSION TO AS HEIR MALE WHATSOEVER OF THE CROMARTY FAMILY, THE SUCCESSION TO THE ROYSTON RESIDUE HAS NOW OPENED, AGAINST MRS. JANE PETLEY, RELICT AND EXECUTRIX OF KENNETH MCKENZIE, LAST OF CROMARTY, NOW MRS MCLEOD OF GEANIES AND LADY ELIBANK, HEIRESS OF ENTAIL OF THE ESTATE OF CROMARTY, CONCLUDING ALTERNATIVELY AGAINST EACH OF THESE PARTIES, THAT THEY OUGHT AND SHOULD BE DECERNED AND ORDAINED, BY DECREE FORESAID, TO MAKE PAYMENT TO THE PURSUERS OF THE SAID PRINCIPAL SUM OF £4813:17:9 AND ONE THIRD STERLING, AND INTEREST THAT MAY BE DUE THEREON, SO AS THE SAID PRINCIPAL SUM MAY BE REINVESTED AT THE SIGHT, AND APPROBATION OF OUR SAID LORDS, ON LAND, OR OTHER GOOD AND SUFFICIENT SECURITY, PAYABLE TO THE PURSUER, THE SAID LIEUTENANT-COLONEL ROBERT MCKENZIE, AND OTHER HEIRS CALLED BY THE ENTAIL OF THE ESTATE OF ROYSTON; AND WITH AND UNDER THE CONDITION THEREIN EXPRESSED, AND IN TERMS OF THE ACT OF PARLIAMENT, AUTHORISING THE SALE OF THE SAID ESTATE OF ROYSTON. THIS ACTION CAME BEFORE LORD HERMAND, ORDINARY, BUT LITTLE PROCEDURE TOOK PLACE IN IT FOR A CONSIDERABLE TIME. IN THE MEAN TIME, CERTAIN PROCEEDINGS WERE GOING ON IN ANOTHER SET OF ACTIONS, TO BE IMMEDIATELY NOTICED, IN WHICH LORD BALMUTO, AS ORDINARY HAD OCCSION TO CONSIDER VERY FULLY THE SITUATION OF THE CLAIMS WHICH THE HEIRS OF ENTAIL OF ROYSTON HAVE ON THE ESTATE OF CROMARTIE; AND A FUND HAD ARISEN IN A QUESTION BEFORE HIS LORDSHIP, WHICH FELL CLEARLY TO BE ASSIGNED IN PART PAYMENT OF THE ROYSTON RESIDUE. THE DEBT DUE TO THE CROWN UPON THE ESTATE OF CROMARTIE TO ACCOUNT OF WHICH SIR JOHN STEWART PAID INTO THE EXCHEQUER THE ABOVE MENTIONED SUM OF £4813:17:9 AND ONE THIRD STERLING IN THE VIEW OF OBTAINING AN ASSIGNATION IN FAVOUR OF THE ROYSTON HEIRS, IT HAS ALREADY BEEN SHEWN, WAS £4818:16:2 AND ELEVEN TWELTHS STERLING. THIS BALANCE WAS LEFT DUE TO THE CROWN BY LORD MCLEOD AT THE PERIOD OF HIS DEATH. BUT LORD MCLEOD HAD EXECUTED BOTH A TAILZIE OF THE CROMARTIE ESTATE, AND ALSO A DISPOSITION OF MOVEABLES IN FAVOUR OF HIS COUSIN KENNETH MCKENZIE LAST OF CROMARTY. BY THE LATTER DEED MR. MCKENZIE WAS BURDENED WITH PAYMENT OF ALL LORD MCLEODS DEBTS, AND PARTICULARLY OF THE BALANCE ALREADY MENTIONED, DUE TO THE CROWN, WHICH WAS AFTERWARDS PAID WITH ROYSTON MONEY. LORD MCLEOD, HOWEVER, HAD RIGHT TO A SUM OF £1200, IN THE FOLLOWING MANNER. HIS LORDSHIP WAS MARRIED IN 1786, TO THE HONOURABLE MISS FORBES, DAUGHTER OF LORD FORBES. IN THE CONTRACT OF MARRIAGE BETWEEN LORD AND LADY MCLEOD, LORD FORBES HAD BECOME BOUND TO PAY TO LORD MCLEOD, HIS HEIRS EXECUTORS, OR ASSIGNEES, THE SUM OF £1200 IN NAME OF TOCHER WITH HIS DAUGHTER AND AT THE TERM OF WHITSUNDAY OR MARTINMAS NEXT AFTER THE DEATH OF THE LORD AND LADY FORBES, WHO WERE CONSENTERS TO THE CONTRACT. ON THE DEATH OF THOSE NOBLE PERSONS, THEREFORE THIS SUM OF £1200 CAME TO BE IN BONIS OF LORD MCLEOD. MR. KENNETH MCKENZIE’S WIDOW, NOW MRS. MCLEOD OF GENIES, CLAIMED IT AS A PART OF LORD MCLEOD’S PERSONAL ESTATE CONVEYED TO HER HUSBAND, BY LORD MCLEODS SETTLEMENT AND ASSIGNED BY HER HUSBAND TO HER IN A SETTLEMENT OF HIS WHOLE PERSONAL ESTATE, WHICH HE HAD EXECUTED IN HER FAVOUR. ON THE OTHE OTHER HAND, MRS. HAY MCKENZIE AND HER HUSBAND CLAIMED THIS SUM AS BEING A PART OF LORD MCLEOD’S FUNDS, WHICH WERE EXPRESSELY BURDENED BY HIS LORDSHIP’S DISPOSITION TO KENNETH MCKENZIE, WITH PAYMENT OF THE DEBT AFFECTING THE CROMARTIE ESTATE, THEN DUE TO THE CROWN, BUT NOW DUE TO THE ROYSTON HEIRS. IN ORDER TO ASCERTAIN TO WHICH PARTY THIS £1200 WAS DUE, THE PRESENT LORD FORBES RAISED A PROCESS OF MULTIPLEPOINDING BEFORE THIS COURT, CALLING MRS. MCLEOD OF GEANIES AND MRS.HAY MCKENZIE OF CROMARTIE AND HER HUSBAND AS PARTIES. MRS. HAY MCKENZIE AND HER HUSBAND AT THE TIME RAISED A COUNTER-ACTION AGAINST LORD FORBES, FOR THE PURPOSE OF CONSTITUTING THEIR RIGHT TO THE SUM DUE BY HIS LORDSHIPS FATHER TO LORD MCLEOID IN ORDER TO DISCHARGE PART OF THE DEBTS AFFECTING THE ESTATE OF CROMARTY WHICH LORD MCLEOD HAD APPOINTED TO BE DISCHARGED WITH HIS FUNDS. BOTH OF THESE ACTIONS CAME BEFORE LORD BALMUTO, ORDINARY AND WERE IMMEDIATELY CONJOINED. MINUTES OF DEBATE HAVING BEEN MADE UP BY MRS MCKENZIE AND MRS MCLEOD HIS LORDSHIP ON ADVISING THE DEBATE PRONOUNCED THE FOLLOWING INTERLOCTOR: THE LORD ORDINARY HAVING CONSIDERED THE MINUTES FOR THE PARTIES AND WHOLE PROCESS FINDS THAT THE FUND IN MEDIO THE SUBJECT OF THE PRESENT PROCESS OF MULTIOINTING IS PART OF THE MOVEABLE ESTATE OF THE DECEASED LORD MCLEOD THAT THE PREFERENCE CLAIMED BY MRS MCLEOD OF GEANIES, WIDOW OF THE LATE KENNETH MCKENZIE OF CROMARTIE IS FOUNDED UPON THE SETTLEMENT OF THE DECEASED LORD MCLEOD WHICH PROVIDES THAT HIS PERSONAL FUNDS SHALL IN THE FIRST PLACE BE APPLIED IN PAYMENT OF HIS DEBTS AND IN PARTICULAR OF THE DEBT DUE TO THE CROWN THAT THE SAID MRS MCLEOD CLAIMING IN RIGHT OF LORD MCLEODS STATEMENT IS NOT ENTITLED TO RECOVER UNDER THAT SETTLEMENT WITHOUT COMPLYING WITH THE CONDITIONS THEREIN CONTAINED THAT THE OTHER COMPETITORS MRS MCKENZIE OF CROMARTIE AND HER HUSBAND ARE ENTITLED TO SEE THAT THE FUND IN CROMARTIE AND HER HUSBAND ARE ENTITLED TO SEE THAT THE FUND IN MEDIO IS APPLIED IN TERMS OF THE SAID SETTLEMENT AND IN EXTINCTION OF DEBTS DUE BY THE SAID LORD MCLEOD AND AS IT IS AVERRED THAT THE DEBT DUE TO THE CROWN MENTIONED IN LORD MCLEODS SETTLEMENT WAS PAID UP BY THE LATE MR KENNETH MCKENZIE FROM FUNDS BELONGING TO THE HEIRS OF ENTAIL OF THE FAMILY OF ROYSTON WHICH HE THEN REPRESENTED AND WHICH CREATES A CLAIM TO THE PRESENT HEIR OF ENTAIL OF THE SAID FAMILY AGAINST THE ESTATE OF CROMARTIE BEFORE FURTHER ANSWER ORDAINS MRS MCKENZIE AND HER HUSBAND TO CALL THE HEIR OF ENTAIL OF THE ESTATE OF ROYSTON AS A PARTY TO THIS PROCESS TO APPEAR FOR HIS INTEREST IN OBEDIENCE TO THE APPOINTMENT IN THIS INTERLOCUTOR THE PETITIONER’S FATHER COLONEL ROBERT MCKENZIE OF ROYSTON WAS CALLED AS A PARTY IN THESE QUESTIONS BEFORE LORD BALMUTO BY A SUMMONS AT THE INSTANCE OF MRS HAY MCKENZIE AND HER HUSBAND. ALL PARTIES WERE NOW IN THE FIELD AND A STATE PERFECTLY SATISFACTORY WAS GIVEN IN OF THE FUND IN LORD FORBE’S HANDS. IT NOW OCCURRED TO THE PARTIES THAT AS THEY HAD OCCASION TO LAY SO MUCH INFORMATION BEFORE LORD BALMUTO ON THE SUBJECT OF THE ROYSTON CLAIMS WHICH HAVE BEEN ALREADY SO FULLY CONSIDERED BY HIS LORDSHIP IN LORD FORBE’S MULTIPLEPOINDING IT WOULD BE MORE CONVENIENT TO DISCUSS THE ACTION OF CONSTITUTION AT THE MEMORIALIST’S INSTANCE AGAINST MRS HAY MCKENZIE AND HER HUSBAND FOR CONSTITUTING THE WHOLE OF THE ROYSTON RESIDUE A BURDEN ON THE CROMARTY ESTATE BEFORE THE HOUNARABLE JUDGE ALSO. WITH THIS VIEW THEY UNITED IN APPLICATION TO LORD HERMAND TO REMIT THAT PROCESS TO LORD BALMUTO AND AN ORDER TO THIS EFFECT WAS WITHOUT DIFFICULTY OBTAINED. MEMORIALS ON THE WHOLE QUESTIONS BETWEEN THE PARTIES WERE THEN ORDERED BY LORD BALMUTO ON ADVISING OF WHICH HIS LORDSHIP OF THIS DATEW PRONOUNCED THE FOLLOWING INTERLOCTOR: THE LORD ORDINARY HAVING CONSIDERED THE MEMORIALS IN THE THREE CONJOINED PROCESSES AT THE INSTANCE OF COLONEL ROBERT MCKENZIE FINDS THAT THE ESTATE OF CROMARTIE WAS RESTORED TO THE LATE LORD MCLEOD UNDER THE CONDITION OF PAYING THE DEBTS DUE THEREON AND PARTICULARLY A DEBT OF L.19,000 THEN DUE TO THE CROWN AND THAT LORD MCLEOD AFTER PAYING A CONSIDERABLE PART OF THE SAID DEBT EXECUTED AN ENTAIL OF THE SAID ESTATE OF CROMARTY FINDS THAT THE SAID ESTATE OF ROYSTON WAS SOLD UNDER AUTHORITY OF AN ACT OF PARLIAMENT IN 1739 AND IT WAS AFTERWARDS ASCERTAINED BY A DECREE OF THIS COURT IN 1758 THAT THE REVERSION OF THE PRICE OF THAT ESTATE WAS £4813:17:9 AND ONE THIRD AND FELL TO BE LAID OUT IN TERMS OF THE SAID ACT OF PARLIAMENT FOR THE BENEFIT OF THE HEIRS OF ENTAIL CALLED TO THE SUCCESSION OF THE ESTATE OF ROYSTON AND UNDER THE CONDITION OF THAT ENTAIL FINDS THAT LORD MCLEOD WAS AN HEIR OF ENTAIL OF ROYSTON AND APON HIS DEATH HE WAS SUCCEEDED BY THE LATE KENNETH MCKENZIE WHO TOOK UP THE ESTATE OF CROMARTIE UNDER THE ENTAIL EXECUTED BY LORD MCLEOD AND ALSO ENJOYED DURING HIS LIFE THE INTEREST OF THE DEBT OF £4813:17:9 AND ONE THIRD AS AN HEIR OF ENTAIL OF THE ESTATE OF ROYSTON: FINDS THAT WHILE THE SAID KENNETH MCKENZIE ENJOYED BOTH ESTATES HE OBTAINED A DECREE OF THIS COURT AGAINST SIR JOHN STEWART OF GRANDTULLY BARONET IN WHOSE HANDS THE SUM OF £4813:17:9 AND ONE THIRD WAS ACCORDINGLY PAID INTO EXCHEQUER ON THE 18TH OF SEPTEMBER 1795 AND WHICH WITH A FURTHER SUM PAID BY THE SAID KENNETH MCKENZIE WAS IN FULL OF DEBT DUE TO THE CROWN BUT NO ASSIGNATION IN FAVOUR OF THE ROYSTON HEIRS OF ENTAIL HAS YET BEEN PROCURED: THEREFOR FINDS THAT THE SAID SUM BEING SO PAID IN CONFORMITY TO THE DECREE OF THIS COURT UPON THE SECURITY OF A DEBT AFFECTING THE WHOLE OF THE ESTATE OF CROMARTIE BOTH BY THE TERMS OF THE GRANT FROM THE CROWN RESTORING THE ESTATE AND BEING A DEBT OWING BY THE LATE LORD MCLEOD THE MAKER OF THE ENTAIL AND ALSO BY KENNETH MCKENZIE THE NEXT SUCCEEDING HEIR THE SAID SUM OF £ 4814:17:9 AND ONE THIRD WITH INTEREST THEREOF FROM THE SAID 18TH SEPTEMBER 1795 IN SO FAR AS THE SAID INTEREST IS NOT PAID IS A SUBSISTING AND PREFERABLE DEBT UPON THE ENTAILED LANDS AND ESTATE OF CROMARTIE DUE TO THE PURSUER COLONEL ROBERT MCKENZIE 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 MRS MARIA MCKENZIE THE PRESENT HEIRS OF ENTAIL OF THE ESTATE OF CROMARTIE AND THE SUBSEQUENT HEIRS OF ENTAIL OF THAT ESTATE ARE LIABLE TO THE PURSUER COLONEL ROBERT MCKENZIE AND OTHER HEIRS OF ENTAIL OF ROYSTON ACCORDING TO THEIR INTEREST FOR PAYMENT OF THE SAID PRINCIPAL SUM AND INTEREST DUE THEREON AND DECERNS ACCORDINGLY WITHOUT PREJUDICE TO THE SAID COLONEL ROBERT MCKENZIE OR OTHER HEIRS OF ENTAIL OF ROYSTON TAKING SUCH STEPS AS MAY BE ADVISED FOR OBTAINING A MORE FORMAL SECURITY OR DECLARATOR OF THEIR RIGHT AND ALSO WITHOUT PREJUDICE TO THE SAID MRS MARIA MCKENZIE OR THE OTHER HEIRS OF ENTAIL OF CROMARTIE OBTAINING SUCH RELEIF FROM THE REPRESENTATIVES OF THE SAID KENNETH MCKENZIE OR OTHERS AS MAY BE COMPETENT. AND IN THE PROCESS OF MULTIPLEPOINDING: FINDS THAT THE SUM OF £1200 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 IS STATED AND NOT DENIED THAT BY THE DEEDS OF SETTLEMENT EXECUTED BY LORD MCLEOD IN FAVOUR OF THE SAID KENNETH MCKENZIE 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 DEBTS OF £4818:16:2 AND ELEVEN TWELVES AFFECTING THE ENTAILED ESTATE BEFORE MENTIONED AND THEREFOR FINDS THAT THE SAID SUM OF £1200 AND INTEREST THEREOF AFTER DEDUCTION OF THE EXPENCES AFTER MENTIONED MUST BE APPLIED IN EXTINCTION PRO TANTO OF THE DEBT DUE UPON THE ESTATE OF CROMARTY TO THE HEIR UNDER THE ROYSTON ENTAIL AND AFTERWARDS LENT OUT AT THE SIGHT OF THIS COURT FOR THE BENEFIT OF THE SAID COLONEL ROBERT MCKENZIE AND OTHER HEIRS OF ENTAIL OF ROYSTON. AND IN ORDER THAT THE SAME MAY BE PAID AND LENT OUT ACCORDINGLY ORDAINS THE DEFENDER MRS MCKENZIE WIDOW OF THE SAID KENNETH MCKENZIE NOW MRS MCLEOD OF GEANIES WHO IN VIRTUE OF HER FIRST HUSBANDS SETTLEMENT SUCCEEDED TO HIS PERSONAL ESTATE INCLUDING THE SAID SUM OF £1200 TO MAKE UP SUCH TITLE AS MAY BE DEEMED NECESSARY AND THEREAFTER IN CONCURRENCE WITH HER HUSBAND AND WITH CONSENT OF THE SAID MARIA MCKENZIE AND HER HUSBAND TO EXECUTE A VALID DISCHARGE OF THE SAID DEBT OF £1200 AND INTEREST THEREOF IN FAVOUR OF THE HEIRS AND REPRESENTATIVES OF THE LATE LORD FORBES; AND DECERNS AGAINST LORD FORBES THE RAISER OF MULTIPLEPOINDING UPON RECEIVING SUCH DISCHARGE TO MAKE PAYMENT AT THE TERM OF WHITSUNDAY NEXT OF THE SAID SUM OF1200 AND INTEREST THEREOF FROM THE TERM OF--------------------------------------------------------------------------------------------------------------------
DEDUCTING THE EXPENCE OF RAISING THE MULTIPLEPOINDING OF WHICH APPOINTS AN ACCOUNT TO BE GIVEN IN: APPOINTS THE EXPENCE OF MAKING UP TITLES AND GRANTING SAID DISCHARGE AND OF EXTRACTING THE DECREET TO FOLLOW UPON THE PROCEDINGS TO BE PAID OUT OF THE SUMS TO BE RECEIVED FRO LORD FORBES AND IN CASE NO PROPER SECURITY SHALL BE SANCTIONED BY THE COURT BETWEEN AND THE SAID TERM OF WHITSUNDAY NEXT ORDAINS THE MONEY TO BE PAID BY LORD FORBES AFTER ALLOWING THOSE DEDUCTIONS TO BE LODGED IN THE BANK OF SCOTLAND FOR BEHOOF OF THE HEIRS OF ENTAIL OF ROYSTON UNTIL THE SAME SHALL BE LENT OUT UPON A SECURITY TO BE APPROVED BY THE COURT BUT IN THE MEAN TIME APPOINTS COLONEL ROBERT MCKENZIE TO LODGE IN PROCESS A MINUTE STATING THE SECURITY UPON WHICH IT IS PROPOSED TO LEND THE SUM TO BE REPORTED TO THE COURT FOR THEIR LORDSHIPS SANCTION AND AUTHORITH: AND LASTLY ORDAINS THE SAID COLONEL ROBERT MCKENZIE SO SOON AS THE SUM DUE BY LORD FORBES SHALL BE CONSIGNED OR PAID TO GRANT A RENUNCIATION OF SO MUCH OF THE DEBT UPON CROMARTIE AS SHALL BE THEREBY EXTINGUISHED AND DECERNS: IN OBEDIENCE TO THIS APPOINTMENT THE LATE COLONEL MCKENZIE FOUND OUT A PROPER SECURITY FOR THE L.1200 THUS TO BE INVESTED AND A MINUTE WAS PREPARED IN HIS NAME STATING THE NATURE OF THE QUESTION BEFORE THE LORD ORDINARY AND THE MANNER IN WHICH HE PROPOSED TO SECURE THE SUM IN MEDIO IN THE PRESENT MULTIPLEPOINDING. THIS MINUTE HAVING BEEN BOXED THE PROCESS WAS ENROLLED IN THE SUMMAR ROLL IN THE MONTH OF MARCH 1809. THE COURT HOWEVER DID NOT THINK IT PROPER AT THAT PERIOD OF THE SESSION TO TAKE THE CASE UNDER CONSIDERATION AND THEREFOR THEY SUPERSEDED JUDGMENT IN THE MINUTE TILL THE FOLLOWING SUMMER SESSION. BEFORE THE QUESTION COULD BE THEN TAKEN UP HOWEVER THE PETITIONER’S FATHER COLONEL ROBERT MCKENZIE DIED; AND THIS NECESSARILY OCCASIONED A CONSIDERABLE INTERRUPTION IN THE PROCEEDINGS THAT WERE PREVIOUSLY IN CONTEMPLATION. IN THEMEAN TIME THE PARTY WHO FORMERLY CONSENTED TO GIVE HERITABLE SECURITY TO THE HEIRS OF ENTAIL FOR THE £1200 IN MEDIO WAS OTHERWISE PROVIDED WITH THE MONEY WHICH HE WANTED AND CONSEQUENTLY THIS PART OF THE ARRANGEMENT FELL TO THE GROUND. SOMETIME AFTERWARDS THE PETITIONER ALEXANDER MCKENZIE NOW OF ROYSTON THE ELDEST SON OF COLONEL MCKENZIE WAS ADVISED TO ENROL THE CASE IN THE SUMMAR ROLL ANDTO SIST HIMSELF AS A PARTY IN THESE QUESTIONS IN ROOM OF HIS FATHER. THIS WAS ACCORDINGLY DONE OF THIS DATE AND YOUR LORDSHIPS THEREAPON TOOK UP THE MINUTE WHICH HAD BEEN LODGED IN THE PRECEDING YEAR FOR COLONEL ROBERT MCKENZIE. THE OPINION THEN EXPRESSED BY THE COURT WAS THAT THE CASE SHOULD BE REMITTED BACK TO THE LORD ORDINARY PARTLY BECAUSE THE SECURITY FORMERLY OFFERED COULD BE NO LONGER OBTAINED AND PARTLY BECAUSE THE VALIDITY OF ANY NEW SECURITY TO BE OFFERED COULD BE MORE PROPERLY EXAMINED AND ASCERTAINED BY AN INDIVIDUAL JUDGE THAN BY THE COURT COLLECTIVELY WHO HAD IT NOT IN THEIR POWER TO EXAMINE SO MINUTELY A SERIES OF WRITS AND TITLE DEEDS AS THE LORD ORDINARY IN THE OUTER HOUSE THE LORDS THEREFOR OF THIS DATE REMITTED THE CAUSE TO THE LORD ORDINARY TO DO AS HE SHALL SEE CAUSE. IN CONSEQUENCE OF THIS REMIT THE PETITIONER SUBMITTED TO THE LORD ORDINARY ANOTHER SECURITY OF THE MOST UNEXCEPTIONABLE NATURE ON WHICH HE PROPOSED THAT THE MONEY IN QUESTION SHOULD BE SECURED. DANIEL HAMILTON, ESQUIRE OF GILKERSCLEUGH WAS WILLING TO GIVE A HERITABLE SECURITY FOR THE £1200 OVER HIS LANDS OF OVER-WHITECLEUGH LYING IN THE PARISH OF CRAWFORD-JOHN AND SHIRE OF LANARK. THESE LANDS ARE LET ON LEASE TO A GOOD TENANT AT L.238 STERLING PER ANNUM. THE PROGRESS IS CLEAR AND A SEARCH OF THE RECORDS WAS OFFERED SHEWING THAT THERE ARE NO BURDENS OF ANY KIND AFFECTING THE LANDS. AS THE COURT WHEN THIS CASE WAS PREVIOUSLY BEFORE THEM EXPRESSED AN OPINION THAT THE SUFFICIENCY OF ANY SECURITY TO BE OFFERED TOGETHER WITH THE TERMS OF THE RIGHTS UPON WHICH THE MONEY IS TO BE INVESTED COULD BE MOST CONVENIENTLY ADJUSTED BEFORE THE LORD ORDINARY HIMSELF THE PETITIONER HUMBLY MOVED THE LORD ORDINARY TO APPOINT A DRAFT OF THE PROPOSED SECURITY TO BE FORTHWITH PREPARED BY THE PETITIONERS AGENT AND PUT INTO PROCESS AND IF SUCH A MEASURE WOULD BE MORE SATISFACTORY TO HIS LORDSHIP THAN MAKING THE NECESSARY INVESTIGATION HIMSELF TO REMIT THAT DRAFT ALONG WITH THE TITLE DEEDS OF THE PARTY OFFERING THE SECURITY TO ANY RESPECTABLE WRITER TO THE SIGNET WHOM HIS LORDSHIP MIGHT SUGGEST TO EXAMINE THE PROGRESS AND TO REPORT NOT ONLY ON THE SUFFICIENCY THEREOF BUT ALSO UPON THE VALIDITY OF THE BOND TO BEGRANTED IN SO FAR AS RESPECTS THE RIGHTS AND INTERESTS OF THE HEIRS OF ENTAIL IN THE SUM IN MEDIO. THE PETITIONER HAVING GIVEN IN A MINUTE TO THELORD ORDINARY OFFERING THIS SECURITY HIS LORDSHIP OF THIS DATE APPPOINTED THE SAME TO BE SEEN BY THE PARTIES CONCERNED AND THEM TO SAY WHETHER OR NOT THEY ARE SATISFIED AS TO THE SECURITY PROPOSED FOR LENDING THIS MONEY. THEREAFTER HIS LORDSHIP HAVING HEARD PARTIES PROCURATORS ORDAINS JAMES SUTHERLAND MACKENZIE SECOND SON OF THE DECEASED COLONEL ROBERT MCKENZIE AND BROTHER-GERMAN OF ALEXANDER MCKENZIE THE PETITIONER AND MRS CATHARINE MCKENZIE AND CAPTAIN GEORGE SACKVILLE SUTHERLAND THE TUTORS OF THE SAID JAMES SUTHERLAND MCKENZIE TO STATE IN WRITING BY WAY OF A MINUTE WHETHER OR NOT THEY ARE SATISFIED WITH THE SECURITY PROPOSED FOR LENDING OUT THE MONEY IN QUESTION BETWEEN AND NEXT CALLING. THE TUTORS AND CURATORS ACCORDINGLY FOR THE PETITIONERS BROTHER ENTERED APPEARANCE AND DECLARED JUDICIALLY BY A MINUTE UNDER THE HAND OF THEIR COUNCIL THEIR ENTIRE APPROBATION OF THE SECURITY ON WHICH THE PETITIONER PROPOSED TO INVEST THIS MONEY. NOTWITHSTANDING THIS THE LORD ORDINARY AGAIN OF THIS DATE ALLOWED ALL CONCERNED TO SEE THE MINUTE OF THETUTORS AND APPOINTED PARTIES TO DEBATE AGAINST THE LORD ORDINARY’S FIRST HOUR IN NOVEMBER NEXT. THE PETITIONER THUS LOST AN OPPORTUNITY OF INVESTING THE MONEY AT THE PROPER RATE OF INTEREST AT LAST MARTINMAS. IMMEDIATELY AFTER THE CHRISTMAS RECESS THEREFOR THE PETITIONER MOVED THE LORD ORDINARY TO MAKE AVIZANDUM WITH THE PROCESS CONTAINING A RENTAL OF THE LANDS OVER WHICH THE SECURITY WAS MEANT TO APPLY A SEARCH OF THE INCUMRANCES AND A SURVEY OR VALUATION OF THE PROPERTY BY MR JOHNSTON THE LAND SURVEYOR. THE LORD ORDINARY ON GOING OVER THESE DOCUMENTS APPOINTED THE CAUSE TO BE CALLED OF THIS DATE AND SUGGESTED A VARIETY OF POINTS ON WHICH HIS LORDSHIP DESIRES SATISFACTION. THE PETITIONER PUT A NOTE INTO PROCESS WHICH HE PRESUMES TO THINK WAS SATISFACTORY TO HIS LORDSHIP ON EVERY POINT BECAUSE THE LORD ORDINARY NEITHER VERBALLY NOR IN WRITING COMMUNICATED ANY FARTHER OBSERVATIONS TO THE PARTIES UPON THE SUFFICIENCY OF THE SECURITY. IT WILL APPEAR HOWEVER FROM THE FOLLOWING DELIVERANCE OF THE LORD ORDINARY ON THE LAST NOTE THAT A NEW DIFFICULTY NOW OCCURRED TO HIS LORDSHIP IN AUTHORISING THE INVESTMENT OF THIS MONEY WHICH HAD NOT BEFORE BEEN SUGGESTED TO THE PARTIES. BEFORE REMITTING THIS CASE TO ANY GENTLEMAN OF RESPECTABILITY AND EXPERIENCE IN CONVEYANCING TO REPORT UPON THE SECURITY AND FORM OF THE BOND UPON WHICH IT IS PROPOSED TO LEND THE MONEY IN QUESTION AND BEFORE MAKING AVIZANDUM TO THE COURT IT APPEARS NECESSARY TO THE LORD ORDINARY THAT AN EXCERP FROM THE ACT OF PARLIAMENT OR AN EXTRACT COPY OF THE SECTION OF THE ACT WHICH REQUIRES OR AUTHORISES THE COURT TO INTERPOSE THEIR AUTHORITY SHOULD BE PRODUCED; APPOINTS THE PURSUER TO LODGE SUCH EXCERP WITH THE CLERK OF PROCESS, QUAM PRIMUM. THE PETITIONER REPRESENTED TO THE LORD ORDINARY AFTER GIVING DELIVERANCE THAT IT WAS ALTOGETHER A MISTAKE TO SUPPOSE THAT IT WAS UNDER ANY CLAUSE IN ANY ACT OF PARLIAMENT; THAT THE INTERFERENCE OR SANCTION OF THE COURT IN THIS INSTANCE WAS NECESSARY. THIS WAS NOT IMPOSED ON YOUR LORDSHIPS BY ANY CLAUSE IN THEACT AUTHORISING THE ORIGINAL SALE OF ROYSTON; BUT AS BEFORE EXPLAINED IT BECAME THE PROVINCE OF THE COURT ABSOLUTELY FROM THE BREACH OF TRUST BY THE PARLIAMENTARY TRUSTEES TO SEE THIS MONEY PROPERLY AND EFFECTUALLY SECURED FOR BEHOOF OF THE HEIRS OF ENTAIL PARTIES UNDER THE PROTECTION AND JURISDICTION OF YOUR LORDSHIPS WHOSE INTEREST PREVIOUSLY HAD BEEN GROSSLY NEGLECTED AND SACRIFICED. THE PETITIONER ENDEVOURED TO EXPLAIN THIS AS DISTINCTLY AS HE COULD TO THE LORD ORDINARY BUT HIS LORDSHIP OF THIS DATE PRONOUNCED THE FOLLOWING INTERLOCTOR: HAVING CONSIDERED WHAT IS STATED IN THIS MINUTE IN WHICH IT IS ADMITTED THAT NO LEGISLATIVE AUTHORITY EXISTS REQUIRING THE INTERFERENCE OF THE COURT AS TO THE SECURITY TO BE GRANTED FOR THE REVERSION OF THE PRICE OF THE ESTATE OF ROYSTON SOLD NEARLY A CENTURY AGO THE LORD ORDINARY DOES NOT CONSIDER HIMSELF WARRANTED TO GIVE ANY DIRECTIONS ON THE SUBJECT. SUCH BEING THE OPINION OF THE LORD ORDINARY AFTER EVERY EXPLANATION WHICH IT IS IN THE PETITIONERS POWER TO OFFER THEY MUST NOW HUMBLY SOLICIT YOUR LORDSHIPS TO TAKE THEIR CASE UNDER YOUR CONSIDERATION AND TO RELIEVE THEM AND THE FUND UNDER THEIR CHARGE FROM THE EXTRAORDINARY SITUATION IN WHICH THEY ARE PLACED BY THE LAST INTERLOCTOR OF THE LORD ORDINARY WHICH HAS BEEN JUST LAID BEFORE YOUR LORDSHIPS. IT IS NOW UPWARDS OF TWO YEARS SINCE THE SUM IN MEDIO WAS READY TO BE INVESTED IN TERMS OF THE LORD ORDINARYS ORIGINAL INTERLOCTOR IT IS NOW AND HAS FOR SOME MONTHS BEEN LYING AT MERELY BANK INTREST IN THE BANK OF SCOTLAND. IT IS SIXTEEN MONTHS SINCE FULL AND COMPLETE SECURITY WAS OFFERED FOR THIS MONEY BY WHICH THE PETITIONERS WOULD HAVE DRAWN 5 PER CENT FOR THE SUM SO INVESTED. AND IF THE PETITIONER DURING THE PRESENT MEETING OF THE COURT CANNOT GET THIS TRANSACTION CLOSED THEY MUST SUBMIT TO ALLOW THE MONEY TO REMAIN IN BANK FOR ANOTHER YEAR AT THE DISADVANTAGEOUS RATE OF INTEREST AT PRESENT PAID FOR IT BECAUSE THE MARTINMAS TERM WILL BEOVER ANY APPLICATION CAN BE MADE TO YOUR LORDSHIPS IN THE WINTER SESSION. IN THESE CIRCUMSTANCES THE PETITIONER SUBMITS THAT THEIR CLAIM TO NOTICE AND INTERFERENCE OF THE COURT AT PRESENT IS PECULIARLY URGENT AND WELL FOUNDED. THE LORD ORDINARY’S ONLY DIFFICULTY NOW SEEMS TO BE THAT THE COURT ARE NOT EXPRESSLY REQUIRED BY ANY PARTICULAR CLAUSE IN ANY ACT OF PARLIAMENT RELATIVE TO THIS MONEY TO SUPERINTEND OR SANCTION THE REINVESTMENT OF IT AND THEREFOR THE LORD ORDINARY OBSERVES THAT HE DOES NOT CONSIDER HIMSELF WARRANTED TO GIVE ANY DIRECTIONSON THE SUBJECT. IN ANSWER TO THIS HOWEVER THE PETITIONER MUST REMARK THAT THERE ARE UNDOUBTEDLY MANY CASES IN WHICH THE COURT INTERFERE EX PROPRIO MOTU TO SEE A PROPER SECURITY GRANTED OR A TRUST DULY FULFILLED WITHOUT ANY LEGISLATIVE AUTHORITY EXPRESSLY REQUIRING YOUR INTERPOSITION. AND IN PARTICULAR THIS IS ONE OF THE VERY CASES IN WHICH THE SUPREME COURT HAS CONSIDERED THAT THEIR AUTHORITY MIGHT BE MOST FITLY AND BENEFICIALLY EXERCISED IN ATTENDING TO THE REINVESTMENT OF THE MONEY. FOR YOUR LORDSHIPS WILL KEEP DISTINCTLY IN VIEW THAT THE SUM IN MEDIO HERE IS ADMITTED ON ALL HANDS TO BELONG TO A SERIES OF HEIRS OF ENTAIL AND TO THEM ALONE. IT IS IN FACT PART OF THE RESIDUE OF THE PRICE OF ROYSTON SOLD IN 1740. NOW IT IS VERY TRUE THAT THIS RESIDUE WAS APPOINTED BY THE ACT OF PARLIAMENT AUTHORISING THE SALE TO BE REINVESTED NOT AT THE SIGHT OF THIS COURT BUT OF CERTAIN TRUSTEES SPECIALLY NAMED FOR THE PURPOSE IN THE ACT. THESE TRUSTEES HOWEVER ARE NOT ONLY DEAD NOW BUT THEY MISAPPLIED THEIR TRUST. HENCE THE INTERPOSITION OF THE SUPREME COURT BECAME NECESSARY IN THIS AS IN EVERY CASE OF VIOLATED TRUST FOR THE BENEFIT AND PROTECTION OF THOSE WHOSE INTEREST HAD SUFFERED IN THE HANDS OF THE TRUSTEES. IT WAS UPON THIS PRINCIPLE ALONE THAT THE HOUSE OFLORDS PROCEEDED IN ORIGINALLY FINDING IT COMPETENT FOR THE HEIR OF ENTAIL IN THIS CASE TO PURSUE LORD ROYSTON’S HEIR FOR ACCOUNTING BEFORE YOUR LORDSHIPS. AND IT FOLLOWS AS A MATTER OF COARSE THAT THE INSTANT THE COURT PERCEIVED THAT A BREACH OF A TRUST HAD TAKEN PLACE IT BECAME THE DUTY OF YOUR LORDSHIPS TO TAKE SOME PRECAUTIONS AT LEAST TO PREVENT ANY ABUSE IN FUTURE BY SEEING THE MONEY RECOVERED UNDER YOUR AUTHORITY PROPERLY SECURED AND INVESTED FOR BEHOOF OF THE HEIRS OF ENTAIL IN ALL TIME COMING. ACCORDINGLY, THIS WAS CLEARLY THE OPTION OF THE COURT IN 1758 WHEN THEY FOUND LORD ROYSTONS HEIR OF THE LINE LIABLE FOR THE RESIDUE OF THE PRICE THEN ASCERTAINED IN THE ACTION OF SIR KENNETH MCKENZIE’S INSTANCE. THERE WAS NOT THEN ANY MORE THAN AT PRESENT ANY LEGISLATIVE AUTHORITY PARTICULARLY REQUIRING THE INTERFERENCE OF THE COURT BUT STILL YOUR LORDSHIPS PREDECESSORS OF THAT DAY HAD NO HESITATION IN ORDAINING THE MONEY TO BE LAID OUT AT THE SIGHT AND BY THE APPROBATION OF THE COURT. ANDIT IS PERFECTLY PLAIN THAT THE SAME REASON AND THE SAME CIRCUMSTANCES STILL EXIST FOR SANCTIONING THIS INTERPOSITION. IT IS NO DOUBT TRUE THAT THE MONEY IN POINT OF FACT WAS NOT AFTERWARDS SECURED AT THE SIGHT OF THE COURTS IN 1758. THIS AROSE ENTIRELY FROM THE IMMEDIATE DEATH OF SIR KENNETH MACKENZIE AND THE SUBSEQUENT ATTAINDER OF LORD CROMARTIE IN CONSEQUENCE OF WHICH THIS FUND CAME TO BE OVERLOOKED. BUT THESE CIRCUMSTANCES DO NOT IMPAIR THE WEIGHT OF THE PRECEDENT IN 1758 WHICH SHEWS THAT THE COURT THEN THOUGHT IT THERE DUTY TO SUPERINTEND THE REINVESTMENT OF THE MONEY FOR BEHOOF OF THE HEIRS OF ENTAIL. AFTERWARDS IN 1795 WHEN YOUR LORDSHIPS AGAIN HAD THE STATE OF THIS FUND UNDER YOUR CONSIDERATION YOU THEN FOUND AND DECLARED IT TO BELONG TO THE ORIGINAL HEIRS OF ENTAIL IN THE ESTATE OF ROYSTON AND YOU SPECIALLY APPOINTED MR KENNETH MCKENZIE THEN OF CROMARTIE TO INVEST AND SECURE THE MONEY IN THE SAME NAME OF THE SAME SERIES OF HEIRS AS THOSE CONTAINED IN THE ORIGINAL TAILZIE OF ROYSTON. THIS HOWEVER WAS NOT DONE FROM THE CAUSES BEFORE EXPLAINED. HERE THEREFORE IS ANOTHER INSTANCE OF VIOLATED TRUST WHICH CALLS APON THE COURT TO ASSUME A JURISDICTION FOR THE BENEFIT OF THE HEIRS OF ENTAIL. SO THAT WHEN THE COURT IS ASKED AT PRESENT MERELY TO LEND THEIR SANCTION TO THE REINVESTMENT OF THE MONEY IT IS MERELY CRAVING THAT YOUR LORDSHIPS WILL FOLLOW UP THE DECREES OF YOUR PREDECESSORS FOR SECURING PERMANENTLY THE ENTAILED PROPERTY IN WHICH ALL THE HEIRS OF ROYSTON HAVE A CONTINGENT INTEREST. ACCORDINGLY, YOUR LORDSHIPS WILL OBSERVE THAT THE LORD ORDINARY HIMSELF IN THE VERY FULL AND ARTICULATE INTERLOCTOR WHICH HE PRONOUNCED IN AN EARLY STAGE OF THIS CAUSE SPECIFICALLY FOUND THAT THE SAID SUM OF L.1200 AND INTEREST THEREOF AFTER DEDUCTIONS OF THE EXPENSES MUST BE APPLIED IN EXTINCTION PRO TANTO OF THE DEBT DUE UPON THE ESTATE OF CROMARTIE TO THE HEIR UNDER THE ROYSTON ENTAIL AND AFTERWARDS LENT OUT AT THE SIGHT OF THIS COURT FOR THE BENEFIT OF THE SAID COLONEL ROBERT MCKENZIE AND OTHER HEIRS OF ENTAIL OF ROYSTON HERE IS A FINAL INTERLOCTOR IN THIS VERY PROCESS PARTICULARY DECLARING THE MODE IN WHICH THE SUM IN MEDIO IS TO BE DISPOSED OF. AND YET AFTER ALL THE PETITIONERS ARE TOLD IN THE LAST INTERLOCTOR THAT THE LORD ORDINARY DOES NOT CONSIDER HIMSELF WARRANTED TO GIVE ANY DIRECTIONS ON THE SUBJECT. THE PETITIONERS HUMBLY SUBMIT THAT THE AUTHORITY OF THE COURT IN THIS CASE IS IN PECULIAR MANNER WARRANTED BOTH BY THE PREVIOUS PROCEEDINGS OF THE COURT ITSELF IN RELATION TO THIS FUND AND BY THE EARLY INTERLOCTORS OF THE LORD ORDINARY IN THIS CAUSE WHICH PROCEEDED ON A VIEW OF THE CASE IN EVERY RESPECT SOUND AND UNEXCEPTIONABLE. IN THE LAST INTERLOCTOR OF THE LORD ORDINARY THE LENGTH OF TIME THAT ELAPSED SINCE THE SALE OF ROYSTON SEEMS TO BE ALLUDED TO A CIRCUMSTANCE WHICH OUGHT TO DISPENSE WITH THE INTERFERENCE OF THE COURT ON THE PRESENT OCCASION; FOR THE LORD ORDINARY MENTIONS THAT THE ESTATE OF ROYSTON WAS SOLD NEAR A CENTURY AGO. IT IS NO DOUBT 70 YEARS SINCE THE ESTATE OF ROYSTON WAS SOLD BUT REALLY THE PETITIONERS ARE NOT AWARE WHAT EFFECT THIS CIRCUMSTANCE EITHER CAN OR OUGHT TO HAVE IN MINDS OF YOUR LORDSHIPS IN AUTHORIZING A REINVESTMENT OF THE RESIDUE OF THE PRICE AT THE SIGHT OF THE COURT. ALTHOUGH THE SALE HAD TAKEN PLACE TWO CENTURIES AGO THE PRICE OR AT LEAST THE RESIDUE OF IT, IS STILL SAFE AND UNDER THE JURISDICTION OF YOUR LORDSHIPS. BESIDES EVEN SINCE THE SALE OF ROYSTON THERE HAVE BEEN TWO DECREES OF THIS COURT ONE IN 1758 AND ANOTHER IN 1795 SPECIALLY RECOGNIZING THE RIGHT OF THE HEIRS OF ENTAIL OF ROYSTON TO THERESIDUE OF THE PRICE WHICH MAY BE ALL RECOVERED STILL. SO THAT IT APPEARS OF NO CONSEQUENCE AT ALL HERE TO OBSERVE THAT IT IS NEAR A CENTURY SINCE THE ESTATE OF ROYSTON WAS SOLD. THE PETITIONERS ARE HUMBLY PERSUADED THEREFORE WHEN THERE CASE IS PROPERLY UNDERSTOOD THAT THEIR PRESENT APPLICATION MUST APPEAR TO YOUR LORDSHIPS TO BE UNDENIABLY COMPETENT. AND IF IT BE COMPETENT THE PETITIONERS ARE SURE THAT IT MUST MOREOVER APPEAR TO YOUR LORDSHIPS TO BE ONE OF THE MOST PROPER AND REASONABLE APPLICATIONS IN ITSELF EVER SUBMITTED TO THE COURT BY ANY PARTY. IT IS ENTIRELY A MEASURE OF PRECAUTION AND SECURITY ADOPTED BY THE PETITIONERS. THEY CANNOT POSSIBLY HAVE A SINISTER OBJECT IN IT. THE PETITIONERS ARE PREFERED TO THE WHOLE WORLD BY FINAL INTERLOCTORS TO THE SUM TO BE INVESTED. NO OTHER PARTY CAN EVER CLAIM RIGHT TO IT. WERE THE PETITIONER OR HIS TUTORS TO CONSULT HIS OWN INTEREST PERSONALLY THEY MIGHT PERHAPS BE PLEASED TO GRT THE THIS MONEY IN FEE SIMPLE TO TAKE IT WITHOUT ANY RESTRICTIONS. BUT THE PETITIONERS DO NOT ASK THIS. THEY MERELY CRAVE THAT YOUR LORDSHIPS WILL FOR PROTECTION OF THE HEIRS OF ENTAIL AUTHORIZE IT TO BEINVESTED ON SUCH SECURITY AS ON ENQUIRY MAY APPEAR TO BE SAFE. THIS IS ALL THAT THE PETITIONERS MOVED THE LORD ORDINARY FOR IN THIS CASE. HIS LORDSHIP HOWEVER DID NOT FEEL HIMSELF WARRANTED TO PROCEED BECAUSE THERE WAS NO EXPRESS LEGISLATIVE AUTHORITY DIRECTING THE INTERFERENCE OF THIS COURT. BUT THE PETITIONERS HUMBLY TRUST THEY HAVE NOW SATISFIED YOUR LORDSHIPS THAT THIS COURT IS IN MANY CASES ENTITLED AND CALLED APON TO TAKE PROPER MEASURES FOR PRESERVING SUCH A FUND AS THE PRESENT; AND SURELY THE APPLICATION WHICH THE PETITIONERS NOW MAKE IS WELL CALCULATED TO PROTECT THE INTEREST OF ALL CONCERNED WITHOUT BRINGING THE INTEREST OF ONE EVEN INTO HAZARD. WITH RESPECT TO THE SECURITY WHICH THE PETITIONERS HAVE OFFERED FOR THE MONEY IT IS UNNECESSARY TO ENTER INTO THE DISCUSSION OF THAT HERE AS THE LORD ORDINARY DOES NOT GROUND HIS INTERLOCTOR REFUSING TO INTERFERE ON ANY OBJECTIONS TO SUCH SECURITY. THE PETITIONERS SHALL ONLY ADD THEREFORE THAT IF THERE BE A SINGLE OBJECTION TO THE SECURITY THEY ARE CONFIDENT THEY WILL BE ABLE TO EXPLAIN IT WHENEVER IT IS DISTINCTLY STATED. THEY SURELY HAVE GOOD INTEREST NOT TO LEND THIS MONEY ON INSUFFICIENT SECURITY. BUT THE PETITIONERS WILL GO FURTHER AND THEY WILL SUBMIT THE SECURITY WHICH THEY PROPOSE TO TAKE, TO THE INVESTIGATION OF THE MOST RESPECTABLE AND EXPERIENCED MEN OF BUSINESS IN EDINBURGH FROM WHOM YOUR LORDSHIPS MAY WISH TO HAVE A REPORT ON THE SUBJECT; AND THE PETITIONERS WILL LEAVE IT TO THEM TO SAY IF THE SECURITY OFFERED BE NOT IN EVERY RESPECT AS AMPLE AS IT IS EITHER NECESSARY OFFERED BE NOT IN EVERY RESPECT AS AMPLE AS IT IS EITHER NECESSARY OR CUSTOMARY TO ASK FOR SUCH A LOAN.
MAY IT THEREFORE PLEASE YOUR LORDSHIPS TO TAKE THE PREMISES INTO CONSIDERATION AND TO FIND THAT THE £1200 FOUND BY INTERLOCTORS LONG SINCE FINAL IN THIS CAUSE TO BELONG TO THE PETITIONERS AND OTHER HEIRS OF ROYSTON OUGHT TO BE LENT OUT OR INVESTED FOR BEHOOF OF THE HEIRS AT THE SIGHT OF THIS COURT AND IN ORDER TO CARRY THIS FINDING INTO EFFECT TO REMIT TO ANY TWO OR MORE EXPERIENCED CONVEYANCERS TO INVESTIGATE THE SECURITY OFFERED BY THE PETITIONERS AND TO FRAME THE NECESSARY DEEDS FORSECURING THE MONEY AND REPORT OR TO AFFORD THE PETITIONERS SUCH OTHER RELIEF IN THE PREMISES AS TO YOUR LORDSHIPS MAY SEEM PROPER.
ACCORDING TO JUSTICE, &c. JOHN CLERK.
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