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Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
Alexander mackenzie of skye royston cromarty tarbat 2
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Alexander mackenzie of skye royston cromarty tarbat 2

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Author: Paul Kay Foster Mackenzie …

Author: Paul Kay Foster Mackenzie
Source: Scottish Record Office Edinburgh,Alexander Mackenzie of Tarbat Skye Royston Cromarty
URL: http://ps12488160114.books.officelive.com/sitemap.aspx
Nicholson, Mckenzie, Plot 19,20 Garafad, Stenscholl, Isle of Skye

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  • 1. <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0Transitional//EN"><html><head><title>0003text.txt</title><style type="text/css"><!--body.hl { background-color:#000035; }pre.hl { color:#008bff; background-color:#000035; font-size:10pt; font-family:Courier;}.num { color:#f87ff4; }.esc { color:#ffffff; }.str { color:#ffffff; }.dstr { color:#ffffff; }.slc { color:#ffbb00; font-style:italic; }.com { color:#ffbb00; font-style:italic; }.dir { color:#bb00ff; }.sym { color:#ffffff; }.line { color:#888888; }.kwa { color:#f8c50b; font-weight:bold; }.kwb { color:#e1e72f; }.kwc { color:#13d8ef; }.kwd { color:#ffffff; }//--></style></head><body class="hl"><pre class="hl">RD 13/149/BOX657. DATE 31/JULY 1809DISPOSITION AND DEED OF SETTLEMENT BY COLONELROBERT MACKENZIE26 NOVEMBER 1802 WB OFFICE 31/07/1809PRESENTED BY JOSEPH GORDONMR THOMAS THOMSON ADVOCATE 5 SHEETS.I COLONEL ROBERT MACKENZIE IN THE SERVICE OF THEHONOURABLE EASTINDIA COMPANY FOR THE LOVE FAVOUR AND AFFECTIONWHICH I HAVE ANDBEAR TO ALEXANDER MACKENZIE MY SON PROCREATED OFTHE MARRIAGEBETWEEN ME AND MRS KATHARINE SUTHERLAND NOWMACKENZIE MY WIFEAND OTHER GOOD CAUSES AND CONSIDERATIONS MOVINGME DO BY THESEPRESENTS IN THE EVENT OF MY DECEASE GIVE GRANT ANDDISPONE TO ANDIN FAVOUR OF THE SAID ALEXANDER MACKENZIE MY SON ANDTHE HEIRS
  • 2. WHATSOEVER OF HIS BODY WHOM FAILING TO THE HEIRSWHATSOEVER OF MYBODY WHOM FAILING TO ROBERT MACKENZIE LIEUTENANT INTHE MAHRATTASERVICE MURDOCK MACKENZIE SON OF KATHARINE MCLEODIN ASSYNT INTHE COUNTY OF SUTHERLAND AND HUME MACKENZIELIEUTENANT IN THESERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THEMADRASESTABLISHMENT ALL THREE MY NATURAL SONS EQUALLYAMONG THEM ANDTHE HEIRS WHATSOEVER OF THEIR BODIES AND FAILING ANYONE OR TWOOF THEM AND THE HEIRS WHATSOEVER OF THEIR BODIES TOTHE OTHER ONEOR TWO OF THEM EQUALLY BETWEEN THEM IF TWO AND THEHEIRSWHATSOEVER OF HIS OR THEIR BODIES WHOM ALL FAILINGTO MY OWNNEAREST AND LAWFUL HEIRS AND ASSIGNEES WHATSOEVERALL ANDSUNDRY LANDS HERITAGES ANNUAL RENTS TEINDSADJUDICATIONSREVERSIONS WOODS MILLS FISHINGS TACKS HEADING ANDPOSSESSIONBELONGING TO ME OR WHICH SHALL BELONG TO ME AT MYDEATH ASALSO ALL AND SUNDRY DEBTS AND SUMS OF MONEY BOTHHERITABLE ANDMOVEABLE DUE AND OWING OR WHICH SHALL BE DUE ANDOWING BY ANYPERSON OR PERSONS TO ME AT MY DEATH BY BOND BILLDECREE ACCOUNTPREMISE OR FACTION AS RENT OF LANDS OR ANNUAL RENTSOF MONEY OR INANY OTHER MANNER OF WAY WHATSOEVER WITH THE WHOLEVOUCHERSINSTRUCTIONS AND CONVEYANCES THEREOF WRITS ANDDEEDS GRANTEDAND DILIGENCE AND EXECUTION ISSUED AND OBTAINED FORPAYMENT ANDSECURITY OF THE SAME AND ALSO ALL AND SUNDRY CORNSCATTLE HORSESHEEP HOUSEHOLD PLENISHINGS AND FURNITUREINCLUDING BED ANDTABLE LINEN SILVER PLATE JEWELS TRINKETS BANK NOTES
  • 3. GOLD AND SILVERCOINED AND UNCOINED AND LYING MONEY CLOATHS BOOKSAND OTHERMOVEABLE GOODS GEAR AND EFFECTS OF WHATSOEVERNATURE ORDENOMINATION INCLUDING HEIRSHIP MOVEABLE BELONGINGOR THAT MAYBELONG TO ME AT MY DEATH WHEREVER OR IN WHOSECUSTODY SOEVERTHE SAME MAY THEN BE DISPENSING WITH THE GENERALITYHEREOF ANDDECLARING THESE PRESENTS TO BE EQUALLY GOOD ANDEFFECTUALTO ALL INTENTS AND PURPOSES AS IF THE SAID LANDSHERITAGESMOVEABLE DEBTS AND OTHERS HEREBY CONVEYED WEREHEREINPARTICULARLY SPECIFIED AND ENUMERATED DECLARINGALWAYS AS IT ISWHEREBY EXPRESSLY PROVIDED AND DECLARED THAT THESAID ALEXANDERMACKENZIE MY SON AND THE OTHER HEIRS SUBSTITUTESAND SUCCESSORSBEFORE NAMED IN THEIR ORDER SHALL BE BOUND ANDOBLIGED TO CONTENTAND PAY MY FUNERAL EXPENSES AND ALL MY JUST ANDLAWFUL DEBTSAND PARTICULARLY WITHOUT PREDUDICE TO THE SAIDGENERALITY THEPREVIOUS CONTAINED IN A CONTRACT OF MARRIAGEENTERED INTO BETWEENME ON THE ONE PART AND THE SAID KATHERINESUTHERLAND NOW MACKENZIEMY WIFE ELDEST LAWFUL DAUGHTER OF THE DECEASTCOLONEL JAMESSUTHERLAND OF UPPAT WITH THE ADVICE AND CONCENT OFCAPTAIN GEORGESACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMANON THE OTHERPART DATED THE 15/07/1801 WHICH PROVISIONS WERECONCEIVED IN FAVOUROF THE SAID KATHERINE SUTHERLAND NOW MACKENZIE MYWIFE AS WELLOF THE CHILDREN TO BE PROCREATED OF THE MARRIAGEDECLARING THATTHE SAID ALEXANDER MACKENZIE MY SON SHALL BEENTITLED TO THE FULL
  • 4. BENIFIT OF THE PROVISIONS CONTAINED IN THE SAIDCONTRACT IN SOFAR AS THE SAME MAY BE INTERPRETED IN HIS FAVOUR OVERAND ABOVEWHAT HE MAY DRAW FROM MY ESTATE REAL AND PERSONALIN VIRTUEOF THESE PRESENTS THE SAME BEING MADE AND GRANTEDWITHOUTPREJUDICE TO THE ABOVE MENTIONED PREVIOUS IN ANYMANNER OF WAYAS ALSO MY SAID SON AND THE OTHER HEIRS SUBSTITUTINGANDSUCCESSORS BEFORE MENTIONED SHALL BE BOUND TO PAYTHEFOLLOWING LAGACIES VIZ. WHEREAS BY THE SAIDCONTRACT OF MARRIAGEAMONG OTHER PROVISIONS CONCEIVED IN FAVOUR OF THESAID KATHARINESUTHERLAND NOW MACKENZIE MY WIFE IT WAS DECLAREDTHAT IN THE EVENTOF MY PREDECEASING THE SAID KATHERINE SUTHERLANDNOW MACKENZIEMY WIFE AND THAT AT THE DISSOLUTION OF THE MARRIAGEBY MY DECEASEOR OTHERWISE THERE SHOULD BE NO CHILD OR CHILDRENEXISTINGTHEREOF AT THE TIME THEN AND IN THAT CASE I PROVIDEDHEREIN ANDSHE WAS ENTITLED TO RECEIVE AND WAS THEREBYEMPOWERED TODEMAND AND RECEIVE THE INTEREST OF SIX THOUSANTPOUNDS STERLINGPROVIDED TO THE CHILDREN OF THE MARRIAGE IN MANNERTHEREINMENTIONED NOW IN CASE THE SAID EVENTUAL PROVISIONSHOULD BEVACATED IN CONSEQUENCE OF THE EXISTENCE OF A CHILDOR CHILDRENPROCREATED OF THE MARRIAGE WHO MAY SURVIVE ME THENANDIN THAT EVENT I HEREBY GIVE AND BEQUEATH TO THE SAIDKATHARINESUTHERLAND NOW MACKENZIE MY WIFE THE SUM OF TWOTHOUSANTPOUNDS STERLING THEN TO THE SAID HUME MACKENZIE MYNATURALSON I GIVE AND BEQUEATH THE SUM OF FIVE HUNDRED
  • 5. POUNDS STERLINGTHEN TO THE SAID ROBERT MACKENZIE MY NATURAL SONTHE SUMOF THREE HUNDRED POUNDS STERLING THEN TO THE SAIDMURDOCHMACKENZIE MY NATURAL SON THE LIKE SUMOF THREEHUNDREDPOUNDS STERLING THEN TO FRANCES MACKENZIE NOWGUNN MYNATURAL DAUGHTER THE SUM OF TWO HUNDRED POUNDSSTERLINGTHEN TO MARIA MACKENZIE NOW MACAULY MY NATURALDAUGHTERTHE LIKE SUM OF TWO HUNDRED POUNDS STERLING THENTO COLONELLOUIS GRANT OF ACHUINACH LATE IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY THE SUM OF THREE HUNDRED POUNDSSTERLINGTHEN TO CAPTAIN CHARLES GRANT IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT THELIKESUM OF THREE HUNDRED POUNDS STERLING THEN TO MRSELIZABETHSUTHERLAND WIDOW OF THE SAID COLONEL JAMESSUTHERLAND ANDMOTHER OF THE SAID KATHARINE SUTHERLAND NOWMACKENZIEWIFE THE SUM OF FIVE HUNDRED POUNDS STERLING AND MYSAID SONAND THE OTHER HEIRS SUBSTITUTING AND SUCCESSORSBEFOREMENTIONED SHALL BE BOUND TO PAY THE SAID SEVERALLAGACIESAT THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTERMY DEATHWITH A FIFTH PART MORE OF PENALTY IN CASE OF FAILUREAND THELEGAL INTEREST OF THE SAID SUMS RESPECTIVELY FROMTHE SAIDTERM OF PAYMENT UNTIL PAID DECLAIRING THAT THE JUSMARITIAND RIGHT OF ADMINISTRATION OF THE HUSBANDS OF THESAIDFRANCIS MACKENZIE NOW GUNN AND OF THE SAID MARIAMACKENZIE
  • 6. NOW MACAULY IS HEREBY EXPRESSLY SECLUDED ANDDEBARRED IN SOFAR AS CONCERNS THE SAID LEGACIES PENALTIES ANDINTERESTAND FOR CARRYING THESE PRESENTS INTO MOREEFFECTUALEXECUTION I HEREBY NOMINATE AND APPOINT THE SAIDALEXANDERMACKENZIE MY SON WHOM FAILING THE SAID KATHARINESUTHERLANDNOW MACKENZIE MY WIFE THE SAID GEORGE SACKVILLESUTHERLANDTHE SAID LOUIS GRANT THE SAID CHARLES GRANT COLONELWILLIAMDUNCAN IN THE SERVICE OF THE HONOURABLE EAST INDIACOMPANYCAPTAIN HENRY WHITE IN THE SERVICE OF THE HONOURABLEEASTINDIA COMPANY ON THE BENGAL ESTABLISHMENT AND NOWOR LATELYAIDE DE CAMP TO HIS EXELLENCY MARQUISE WELLESLEYGOVERNORGENERAL OF BENGAL AND COLIN MACKENZIE WRITER TO THESIGNETAND THE ACCEPTING SURVIVORS OR SURVIVOR OF THEM TOBE MYSOLE EXECUTORS EXCLUDING MY NEAREST OF KIN AND ALLOTHERSFROM THE SAID OFFICE MOREOVER AS I JUDGE IT PRUDENTTO NAMETUTORS AND CURATORS TO THE SAID ALEXANDERMACKENZIEMY SON OR TO ANY OTHER CHILD OR CHILDREN WHO MAY BEPROCREATED OF THE SAID MARRIAGE BETWEEN ME AND THESAID KATHARINE SUTHERLAND NOW MACKENZIE AND HAVINGENTIRE CONFIDENCE IN THE SAID KATHARINE SUTHERLANDNOW MACKENZIE MY WIFE GEORGE SACKVILLE SUTHERLANDLOUIS GRANT CHARLES GRANT WILLIAM DUNCAN HENRYWHITEAND COLIN MACKENZIE DO HEREBY NOMINATE AND APPOINTTHEM AND THE ACCEPTING SURVIVORS OR SURVIVOR OFTHEM TO BE TUTORS AND CURATORS TO THE SAIDALEXANDERMACKENZIE MY SON AND TO SUCH OTHER CHILD ORCHILDRENAS MAY BE PROCREATED OF THE SAID MARRIAGE DURINGTHE WHOLE PERIOD OF THEIR RESPECTIVE PUPILARITIES
  • 7. AND MINORITIESDECLARING THAT THE MAJORITY OF THE PERSONS BEFORENAMEDACCEPTING AND ALIVE AT THE TIME OR ANY ONE OF THEMACCEPTING AND SURVIVING THE LEAST SHALL BE A QUORUMANDDECLAIRING ALSO THAT THEY SHALL NOT AS TUTORS ORCURATORSBE LIABLE FOR OMISSIONS NOR SINGULI IN SOLIDUM BUTEACHONLY FOR HIS OWN ACTUAL INTROMISSIONS AND THAT ITSHALLBE IN THE POWER OF THE PERSONS BEFORE NAMED TOACCEPTTHE OFFICE OF TUTOR AND RENOUNCE THE OFFICE OFCURATORAND I HEREBY REVOKE ALL FORMER DISPOSITION ANDSETTLEMENTLEGACIES CODICALS AND OTHER TESTAMENTARY DEEDSMADEOR GRANTED BY ME IN FAVOR OF WHATEVER PERSON ORPERSONSPRECEEDING THE DATE HEREOF AND DECLARE THIS TO BEMY LASTWILL AND TESTAMENT RESERVING ALWAYS TO MYSELF FULLPOWER AND LIBERTY AT ANY TIME OF MY LIFEEVEN IN SICKNESS OR ON DEATHBED TO EVOKE ALTER ANDINNOVATETHESE PRESENTS IN WHOLE OR IN PART OR TO CANCEL THESAMEAT PLEASURE BUT IF I SHALL NOT THINK FIT SO TO DO THESEPRESENTSSHALL BE EFFECTUAL THOUGH FOUND IN MY CUSTODY OR INTHE CUSTODYOF ANY OTHER PERSON TO WHOM I MAY ENTRUST THE SAMEUNDELIVEREDAT MY DEATH WITH THE DELIVERY WHEREOF I HEREBYDISPENSE ANDCONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OFCOUNCIL ANDSESSION OR OTHERS COMPETENT THEREIN TO REMAIN FORPRESERVATIONAND THERETO CONSTITUTEMY PROCURATORS IN WITNESS.WHEREOF SUBSCRIBE THESE PRESENTS WRITTEN ON THISAND THE TWOPRECEEDING PAGES OF STAMPED PAPER BY WILLIAM
  • 8. MACKENZIE CLERK TOALEXANDER AND COLIN MACKENZIE WRITERS TO THE SIGNETON EACHPAGE AT EDINBURGH THE 26/11/1802 BEFORE THESEWITNESSES THESAID ALEXANDER MACKENZIE WRITER TO THE SIGNET ANDTHE SAIDWILLIAM MACKENZIE WRITER HEREOF.ROBERT MCKENZIEALEXANDER MACKENZIE WITNESSWILLIAM MACKENZIE WITNESSGD305/1/128/17.IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDEDBETWIXT THEPARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE INTHE SERVICEOF THE HONOURABLE EAST INDIA COMPANY ON THE ONEPART AND MISSKATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OFTHE DECEASTCOLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE ANDCONSENTOF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPATHER BROTHERGERMAN ON THE OTHER PART IN MANNER FOLLOWING THATIS TO SAYTHE SAID COLL ROBERT MACKENZIE AND MISS KATHERINESUTHERLANDHAVING CONCURRED A MUTUAL LOVE AND AFFECTION FORONEANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OFEACH OTHERFOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGETHEM TOSOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALLCONCONCIENTSPEED IN CONTEMPLATION OF WHICH MARRIAGE THE SAIDCOLL ROBERTMCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRSEXECUTERSAND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENTS OF HER SURVIVING HIM ANDINDEPENDENTOF THE ADDITION THERETO IN THE EVENT HEREIN AFTERMENTIONEDALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDRED
  • 9. POUNDSSTERLING AND THAT AT TWO TERMS IN THE YEARWHITSUNDAYAND MARTINMAS BY EQUALL PORTIONS BEGINNING THEFIRST TERMSPAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ONMARTINMAS AFTERHIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ONHALF YEARLYDURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PARTMOREOF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASEOF HAILLEAND THE DUE AND ORDINARY ANNUAL RENT THEREOFTHEREAFTERDURING THE NOT PAYMENT AND FURTHER THE SAIDCOLL.ROBERTBINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OFONECHILD MALE OR FEMALE BEING PROCREATED OF THISMARRIAGE BETWIXTHIM AND THE SAID MISS KATHERINE SUTHERLAND TOCONTENDAND PAY TO SUCH CHILD THE SUM OF THREE THOUSANTPOUNDSSTERLING TWO CHILDREN MALE OR FEMALE THE SUM OFTWO THOUSANTPOUNDS STERLING EACH AND IF THREE OR MORE CHILDRENTHE SUMOF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TORECEIVE OF THAT SUM OF THREE THOUSAND POUNDSSTERLING ANDTHE REMAINING THREE THOUSAND POUNDS STERLING TO BEDIVIDED AMONGST THE YOUNGER CHILDREN IN SUCHPROPORTIONSAS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAYTHINKPROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT ANDAGAINSTTHE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HISDECEASEWITH A FIFTH PART MORE OF EACH CHILD PROVISION OFLIQUIDATEPENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARYANNUALRENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUTDECLARING
  • 10. THAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIESPREDECEASINGTHE SAID MISS KATHERINE SUTHERLAND AND THAT THEDISSOLUTIONTHE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERESHOULDBE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIMETHEMTHAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HERIN ANDSHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBYEMPOWEREDTO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIXTHOUSANTPOUNDS STERLING PROVIDED TO THE CHILDREN OF THEMARRIAGEIN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT INTHE EVENTOF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIEBEFORE THESAID MISS KATHERINE SUTHERLAND AND THAT THERESHOULDBE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING ATTHE TIME ANDTHAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FORANSWERING THEtheetoneSEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONEDAND PAYINGTHE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TOTHE SAIDKATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALLIN THEMEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILLTHE DECEASEDOF THE SAID MISS KATHERINE SUTHERLAND AND THAT INEVERY EVENTTHE SUM OF FOUR THOUSAND POUNDS STERLING SHALLREMAIN CLEARAND UNTOUCHED FOR ANSWERING THE SAID ANNUITYDURING ALLTHE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITYOF THE SAIDMISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAIDEVENTUALLANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OFTHE MARRIAGE
  • 11. BEFORE MENTION THE SAID COLL. ROBERT MCKINZIEASSIGNS ANDCONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITYAFTERMENTIONED WITH THE SECURITIES THEREFORE AS WILLCOMPLETELYSATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVENTHOUSANTEIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME INTHEEIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIESBY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OFMAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREEAND THE LAST DATED THE FIRST DAY OF NOVEMBER ONETHOUSANTEIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNTCURRENTBETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HISAGENTSAT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUMOF TWENTYTHOUSANT DIVA RUPEES VESTED BY HIM IN THE SAIDGOVERNMENTSECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIALLOANOBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONETHOUSANDSEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TOTHE AMOUNTOF EIGHT THOUSANT ONE HUNDRED AND FORTY ONEPOUNDS VESTEDBY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OFGREATBRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMASCOUTTSAND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNTCURRENTWITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAYLASTAND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THISDATE ASRELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THESUMOF SIX HUNDRED POUNDS STERLING VESTED IN THE SAIDFUNDSSINCE THAT PERIOD WITH POWER TO THE SAID MISSKATHERINE
  • 12. SUTHERLAND IN THE EVENT OF HER SURVIVING THE SAIDAFFIDATESPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THESAIDYEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANTTHEREFOREAND GENERALLY EVERY OTHERTHING THEREANENT TO DOTHATHE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IFSHESHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERTMCKINZIEBINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVESTTHE SAIDSUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISHFUNDSIN HER NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAYOUT THE SAME OR HERITABLE SECURITY AND TO TAKE THESECURITYTHEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THEDAYSOF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGEIN THEEVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR INPARTAS CIRCUMSTANCES MAY BE THEIR SAID PROVISIONDECLARING ALSOTHAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGESHALL DURINGTHE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATEDSUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HISDECEASEPREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITYTHAT THEIRSAID MOTHER SHALL BE THEIR TUTORS AND CURATORS ANDSHALLUPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THEMONEYSBEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THEAGE OFFIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY ATMARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION ANDMAINTAINANCEAND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THEEVENTOF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIMASSIGNS
  • 13. CONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEESAS HEROWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLDFURNITUREAND PLENISHING OF EVERY DENOMINATION BED AND TABLELINEN------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERYARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHINGTHATSHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNIONBETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSINGWITH THE GENERALITY HEREOF AND ADMITTING THE SAME TOBE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERYARTICLETHEN BELONGING TO HIM WERE HEREIN PARTICULARYINSERTEDMOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBYRENOUNCESAND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORSANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OROTHERWAYSTO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGINGTO THESAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAYHEREAFTERHAVE RIGHT ANY MANNER OF WAY AND PARTICULARYWITHOUTPREDUDICE TO THE GENERALITY FORESAID TO A BOND FORFIVEHUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWENBAILLIEOF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OFPROVISIONMADE IN HER FAVOUR BY HEIRS AND DECEASED FATHERDECLARINGTHE SAME HER OWN PROPERTY AND AS HER DISPOSAL INANYMANNER SHE MAY THINK PROPER WITHOUT HIS CONCENTARE APPROBATION AND FURTHER THE SAID COLL.ROBERTMCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIMHIS HEIRSAND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEESWHOMSOEVERUNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEUDUTY PAYABLE
  • 14. OUT THEREOF HERITABLE AND IRREDEEMABLE ALL ANDHAILLE THATHOUSE LYING IN THE VILLAGE OF NEW TARBET CALLEDMILMOUNTCALLED MILLMOUNT WICH THE GARDEN BACK CLOSEAND WHOLE PARTS PENDICLES AND PERTINENTS THERETOBELONGINGBOUNDED ON THE WEST BY THE HIGH ROAD LEADINGTHROUGHMILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THESAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HISRIGHTS ANDINFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIRAND COUNTYOF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHTOF PROPERTYAND POSSESSION WHICH HE CAN CLAIM OR PRETENDTHERETO ANY MANNEROF WAY IN WHICH HOUSE WITH THE GARDEN ANDPERTINENTS BEFOREMENTIONED THE SAID COLL.ROBERT MCKINZIE BIND ANDOBLIGES HIM HISHEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HERITABLE ANDIRREDEEMABLEAND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THEONEWITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THESAIDINFEFTMENT BY RESIGNATION HEREBY MAKES ANDCONSTITUTESAND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED----AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVINGGRANTINGAND COMMITTING TO THEM FULL POWER WARRANT ANDCOMMISSIONFOR HIM AND IN HIS NAME TO COMPEAR HEREFORHIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTSOR THEIR COMMISSIONERS HAVING POWER TO RECEIVERESIGNATIONSAND TO GRANT NEW INFEFTEMENTS THEREON AND THATUPONTHE GROUND THEREOF AT ANY TIME LAWFULL ANDCONVENIENTAND THEM AND THERE WITH ALL DUE REVERENCE AND
  • 15. HUMILITYAS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON ASUSEIS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL.ROBERT MCKINZIEHEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVERGIVESAND DELIVERS ALL AND HAILLE THE HOUSE GARDEN ANDPERTINENTSCALLED MILLMOUNT LYING IN THE SAID VILLAGE OFMILMOUNT OF NEWTARBET PARISH OF KILMUIR AND COUNTY OF ROSSAFORESAID ASDESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSAOR ASTHE SAME ARE MORE PARTICULARY BOUNDED ANDDESCRIBED IN HISRIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HISIMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR ANDFORNEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN ANDGRANTEDTO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSEIN SUCH DUE AND COMPETENT FORM AS OFFERS ALLINSTRUMENTSAND DOCUMENTS THEREAPON TO TAKE AND GENERALLYEVERYOTHERTHING THEREANNENT TO DO WHICH HE COULD DOHIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBYPROMISESTO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICHDISPOSITIONAND SUBJECTS THEREBY CONVEYED THE SAID COLL.ROBERT MCKINZIEBINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TOWARRANT TOTHE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSE ANDHER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY ASLAWWILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISSKATHERINESUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS ANDASSIGNEESNOT ONLY IN AND TO THE RENTS MAILLS AND DUTIESTHEREOF IN TIME
  • 16. COMING BUT ALSO IN AND TO THE TITLES WRITS ANDEVIDENTS THEREOFCONCEIVED INFAVOUR OF HIM HIS PREDECESSORS ORAUTHORS AND WHICHASSIGNATION ABOVE WRITEN HE HEREBY BINDS ANDOBLIGES HIMAND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FARAS CONCERNSTHE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALLDEADLY AS LAWWILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS ANDDUTIES FROMHIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT ISHEREBY AGREEDUPON BETWIX THE PARTIES THAT EXECUTION SHALL PASSHEREON AT THEINSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLESUTHERLANDROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENTAND COLL.ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE ORMORE OF THEMOR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIEFORIMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAIDMISS KATHERINESUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THEPROVISIONAND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIRFAVOUR ANDDECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE-------YEARS AND DAY FROM THE SOLEMNIZATION THEREOFWITHOUT ALIVING CHILD BEING HEARD BUT YET THIS PRESENTCONTRACT SHALLSUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THESAIDMISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TOTHECONTRARY NOTWITHSTANDING AND THEY CONSENT TO THERESIGNATION HEREOF IN THE BOOKS OF COUNCIL ANDSESSIONOTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATIONAND IF NEED BE THAT ALL EXECUTION NECESSARY MAYPASS AND BE DIRECT HEREIN AS OFFERS AND THERETOTHEY CONSTITUTE THEIR PROCULATORS AND
  • 17. COMMISSIONERSALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLANDMAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN ANDPERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBYDESIRES ANDREQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HISBAILLIESIN THAT PART HEREBY SPEEDILY CONSTITUTE THESEPRESENTS-------- PASS TO THE SAID SUBJECTS AND THERE GIVE ANDDELIVERTO THE SAID MISS KATHERINE SUTHERLAND HERITABLESTATEAND SASINE REAL AND ACTUALL AND CORPOREALPOSSESSIONOF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTSBEFOREDESCRIBED OR AS THE SAME ARE MORE PARTICULARYDESCRIBEDIN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELDAS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THESAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OFKILMUIRAND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLESANDPERTINENTS THERETO BELONGING AND THAT BY DELIVERINGTO THE SAID MISS KATHERINE SUTHERLAND OR HERATTORNEYOR ATTORNEYS WHOM NAME BEARER HEREOF------------------------------------------------------------------------------------------------------SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDERTHEBURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THISINNOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL.ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOUCONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THISHISPRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECTIN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBEDTHESEPRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOFWROTEUPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULYSTAMPEDWORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OFROSS
  • 18. BRAILANGWELL THE FIFETEENTH DAY OF AUGUST 1801YEARSBEFORE THESE WITNESSES THE SAID COLL.ALEXANDERBAILLIE OFKNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THESAIDTHOMAS SUTER WRITER HEREOF.ROBERT MCKINZIEKATHARINE SUTHERLANDGEORGE SACKVILLE SUTHERLANDALEXANDER BAILLIE WITNESSALEXANDER BAILLIE HIS SON WITNESSTHOMAS SUTER WITNESS1.GD305/1/133.NO17. 28/4/1860. SCOTTISH RECORDOFFICE EDINBURGHASSIGNATION BY THE TRUSTEES OF THE LATE JOHN BAIN INFAVOUR OF HIS GRACETHE DUKE OF SUTHERLAND A BOND BY THE LATE JOHN HAYMACKENZIE ANDMRS MARIA MURRAY HAY MACKENZIE HIS MOTHER FOR £3319.AT ST ANDREWS FIFESCOTLAND FULL DESCRIPTION OF ALEXANDER MACKENZIEOF ROYSTON CROMARTYTARBET GRANDVILLE AND BANK OF SCOTLAND TRUSTEES.2.GD305/1/133.NO8. 5/9/1851. SCOTTISH RECORD OFFICEEDINBURGHASSIGNATION BY SIR JAMES SUTHERLAND MACKENZIEBARONET BROTHER OFALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE TOJOSEPH FORBES ESQ.3.GD305/1/133.NO6 2/9/1848 SCOTTISH RECORD OFFICEEDINBURGHRELIEF ASSIGNATION BY SIR JAMES SUTHERLAND MACKENZIEIN FAVOUR OFMESS. GORDON STUART AND CHEYNE EDINBURGH BROTHEROF ALEXANDERMACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE.4.GD305/1/133.NO27. 8/10/1858 SCOTTISH RECORDOFFICE EDINBURGHDISCHARGE BY MRS ANNE HAY MACKENZIE IN FAVOUR OF THEMARCHIONESS OFSTAFFORD AND HEIRS OF CROMARTY ROSSHIRE SCOTLAND.5.GD305/1/133.NO25. 1862. SCOTTISH RECORD OFFICEEDINBURGHASSIGNATION BY HIS GRACE THE DUKE AND EARL OFSUTHERLAND IN FAVOUR
  • 19. OF HIS TRUSTEES.6.RD5/645/54-72. 5/8/1840. SCOTTISH RECORD OFFICEEDINBURGHDISPOSITION KATHERINE MACKENZIE TO JOHN HAYMACKENZIE AND KATHERINESPOUSE TO COLONEL ROBERT MACKENZIE H.E.I.C. PARENTSOF ALEXANDER MACKENZIEOF ROYSTON CROMARTY TARBET GRANDVILLE.7.GD305/1/117/462 19/2/1835. SCOTTISH RECORD OFFICEEDINBURGHJOHN HAY MACKENZIE OF CROMARTY ONLY SON OF MARIAMURRAY HAY MACKENZIEAND INTERLOCTOR ON THE ESTATE OF CROMARTY MENTIONALEXANDER MACKENZIEOF ROYSTON CROMARTY TARBET GRANDVILLE.8.RS75/7/62-63. SCOTTISH RECORD OFFICE EDINBURGHDONALD MCLEOD OF GENIES AND LANDS EASTER KILMUIRROSSHIRE SCOTLANDMENTION TO KATHERINE SUTHERLAND OR MACKENZIESPOUSE TO COLONEL ROBERTMACKENZIE FATHER OF ALEXANDER MACKENZIE OF ROYSTONCROMARTY TARBETGRANDVILLE.9.RS42/53. 9/2/1816. SCOTTISH RECORD OFFICEEDINBURGHANDREW RUSSELL OF CRAWFORDJOHN.10.RS27/404.47-59. 24/11/1795 SASINE.SCOTTISH RECORDOFFICE EDINBURGHDISPOSITION AND ASSIGNATION, KENNETH MACKENZIE TOSIR JOHN STEWART EDINBURGHSCOTLAND.11.SC34/1/7. TAIN COURT. 17/8/1826. SCOTTISH RECORDOFFICE EDINBURGHTHE SERVICE OF ALEXANDER MACKENZIE OF ROYSTONCROMARTY TARBET GRANDVILLEHIS GENEALOGICAL TABLES AND DETAILED PEDIGREE.12.RD15/1825. 11/6/1825. SCOTTISH RECORD OFFICEEDINBURGHALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE BARONET.DETAILS OF PEDIGREE.13.RS3/921.141-147. SASINE 18/12/1825. SCOTTISH RECORDOFFICE EDINBURGHDONALD MCLEOD ARMIGER TO ALEXANDER MACKENZIE OFROYSTON CROMARTY TARBETGRANDVILLE LANDS EASTER KILMUIR ROSSHIRE, SCOTLAND.14.RD5/1167/145-162. 5/12/1862. SCOTTISH RECORD
  • 20. OFFICE EDINBURGHTRUST DEED BY THE DUKE OF SUTHERLAND PROVISION FORFRANCIS SUTHERLANDLEVESON GOWER COMMONLY CALLED LORD MCLEOD HISSECOND SON SURVIVING.VARIOUS ENTAILS IN THE ESTATE OF CROMARTY ETC.POLICIES OF INSURANCE WITHSCOTTISH LIFE ASSURANCE SOCIETY AND OTHERS ANDTRUSTEES APPOINTED TO THEMMENTION ALEXANDER MACKENZIE OF ROYSTON CROMARTYTARBET GRANDVILLE.15.RD5/647/362-381. SCOTTISH RECORD OFFICEEDINBURGHMUTUAL DISCHARGE BETWEEN JAMES LAING AND MARIAMURRAY HAY MACKENZIEAND DECREETS SET FORTH ALSO MENTION OF BRITISHLINEN COMPANY.16.CS236/1MN/M58/20. 1843. SCOTTISH RECORD OFFICEEDINBURGHPETITION OF KATHERINE SUTHERLAND OR MACKENZIERELICT OF COLONELROBERT MACKENZIE H.E.I.C. TO THE LORDS OF COUNCIL ANDSESSION FORAPPOINTMENT OF CURATOR BONIS FOR HER SON JAMESSUTHERLAND MACKENZIEBROTHER TO ALEXANDER MACKENZIE OF ROYSTONCROMARTY TARBET GRANDVILLE.17.CS232/M32/1. SCOTTISH RECORD OFFICE EDINBURGHSUMMONS MARIA MURRAY HAY MACKENZIE OF CROMARTYWITH CONSENTOF DAVID WEYMSS WS HER TRUSTEE AGAINST JANECOCKBURN ROSSENTAIL OF LANDS SHANDWICK.18.DIGEST OF TALZIES 27/6/1786. 4/7/1694. SCOTTISHRECORD OFFICE EDINBURGHLANDS ROSS CROMARTY.19.CS31/5/1-8. 11/3/1812. SCOTTISH RECORD OFFICEEDINBURGHDECREET ABSOLVITOR THOMAS ROSS AND OTHERS AGAINSTMRS MARIAMURRAY HAY MACKENZIE AND HUSBAND.20.RD15/BOX 430. 5/8/1851. SCOTTISH RECORD OFFICEEDINBURGHCONTRACT OF SALE BETWEEN JAMES SUTHERLANDMACKENZIE BARONETAND EDWARD SUTHERLAND 12/10/1850. JAMES BROTHERTO ALEXANDER
  • 21. MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE.21.RS3/1252. SASINE 21/1/1823. SCOTTISH RECORD OFFICEEDINBURGHCOLONEL PATRIC BRUCE H.E.I.C. AND TRUSTEES ANDSURVIVORS OF ALEXANDERMACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE.22.SC34/1/7. 1826. SCOTTISH RECORD OFFICE EDINBURGHCOURT OF SESSION PROCESSES AT TAIN GROUND DISPUTESKILMUIR EASTERROSSHIRE SCOTLAND.23.RD5/404. 28/1/1830. SCOTTISH RECORD OFFICEEDINBURGHPROBATE DISCHARGE, AGENTS WALKER RICHARDSON ANDMELVILLE AND DAVIDWEMYSS TERM OF CONTRACTS.24.CS228/MC6/19. SCOTTISH RECORD OFFICE EDINBURGHANSWERS FOR SIR CHARLES ROSS BARONET AND OTHERSTO THE PETITIONEROF KENNETH MCKENZIE OF CROMARTY.25.CS32/5/20. 1805. SCOTTISH RECORD OFFICEEDINBURGHREPRESENTATION FOR THOMAS ROSS AND OTHERS.26.CS21. 21/11/1805. SCOTTISH RECORD OFFICEEDINBURGHSUMMONS AND PREF. TITLES.MCLEOD AND HUSBAND VERSES HAY MACKENZIE ANDHUSBAND.27.CS46/1851/7/24. SCOTTISH RECORD OFFICEEDINBURGHROLL OF PROCESS IN DECLARATION. MACKENZIE VERSESSUTHERLAND.28.CS46/1851/7/24. 1850 SCOTTISH RECORD OFFICEEDINBURGHANSWERS FOR JAMES SUTHERLAND MACKENZIE BARONETTO THE NOTE OFSUSPENSION FOR EDWARD SUTHERLAND JAMES BROTHERYOUNGER OFALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE.29.CS46/1851/7/24. 1850. SCOTTISH RECORD OFFICEEDINBURGHINVENTORY IN PROCESS OF DECLARATION JAMESSUTHERLAND MACKENZIE BARONETBROTHER OF DECEASED ALEXANDER MACKENZIE OFROYSTON CROMARTY TARBETGRANDVILLE AGAINST EDWARD SUTHERLAND AND OTHERS.30.CS46/1851/7/24. 27/12/1850. SCOTTISH RECORD
  • 22. OFFICE EDINBURGHBILL OF SUSPENSION FROM EDWARD SUTHERLAND ANDMANDATORY AGAINSTJAMES SUTHERLAND MACKENZIE OF TARBET BROTHER OFALEXANDER MACKENZIEOF ROYSTON CROMARTY TARBET GRANDVILLE.31.CS46/1851/7/24. SCOTTISH RECORD OFFICEEDINBURGHINTERLOCTOR SHEET WITH NOTE OF SUSPENSION FOREDWARD SUTHERLAND ANDMANDATORY AGAINST JAMES SUTHERLAND MACKENZIEBARONET.32.CS46/1851/7/24. SCOTTISH RECORD OFFICEEDINBURGHDEFENCES FOR CAPTAIN EDWARD SUTHERLAND INDECLARATOR.SUTHERLAND VERSES SUTHERLAND.33.CS46/1851/7/24. SCOTTISH RECORD OFFICEEDINBURGHDEFENCES EDWARD SUTHERLAND TO SUMMONS OFDECLARATOR AND CO.JAMES SUTHERLAND MACKENZIE BARONET, TAIT &CRICHTON WS DEFENDERS AGENTS.WM.MASON S.S.C. PURSUERS AGENT.34.CS46/1851/7/24. SCOTTISH RECORD OFFICEEDINBURGHJOHN MACKENZIE RESIDING AT OCHTO, ROYSTONEMACKENZIE RESIDING AT BARRAISLE OF SKYE, KENNETH MACKENZIE AND WILLIAMMACKENZIE HIS SONS ALL HEIRSOF ENTAIL OF ROYSTON EDINBURGH SCOTLAND.DEFENDERS TO THE SUMMONS OF DECLARATOR AGAINSTTHEM AND OTHERSAT THE INSTANCE OF JAMES SUTHERLAND MACKENZIE OFTARBET BARONETBROTHER TO ALEXANDER MACKENZIE OF ROYSTONCROMARTY TARBET GRANDVILLE.35.CS239/1SK/M78/7. 30/10/1855. SCOTTISH RECORDOFFICE EDINBURGHSUMMONS OF DAMAGES JAMES SUTHERLAND MACKENZIEBARONET AGAINST THEMARQUIS OF STAFFORD, ALEXANDER MACKENZIE OFROYSTON CROMARTY MENTIONED.36.CS239/1SK/M78/7. 18/11/1855. SCOTTISH RECORDOFFICE EDINBURGHINVENTORY OF PROCESS OF DAMAGES JAMES SUTHERLANDMACKENZIE BARONET
  • 23. AGAINST MARQUIS OF STAFFORD.37.CS233/M41/5. 1807-1817. SCOTTISH RECORD OFFICEEDINBURGHINVENTORY OF PROCESS MARIA MURRAY HAY MACKENZIE OFCROMARTYDEFENDER PURSUER ACTIONS COURT SESSION.38.RD4/292/834-839. 6/12/1810. SCOTTISH RECORDOFFICE EDINBURGHDISCHARGE KATHERINE SUTHERLAND TO THE TRUSTEES ANDREPRESENTATIVESOF DAVID ROSS AND KATHERINE SPOUSE TO COLONELROBERT MACKENZIE H.E.I.C.39.RD5/470/534-542. 19/11/1832. SCOTTISH RECORDOFFICE EDINBURGHTACK BY MARIA MURRAY HAY MACKENZIE ENTAILED LANDSAND BARONY OF STRATHPEFFERROSSHIRE SCOTLAND.40.CS228/F7/11. 14/1/1802. SCOTTISH RECORD OFFICEEDINBURGHDEFENCES FOR COLONEL ROBERT MACKENZIE H.E.I.C.41.RH15/76/12. 26/11/1813. SCOTTISH RECORD OFFICEEDINBURGHHIS MAJESTIES ADVOCATE ON BEHALF OF HIS MAJESTYAGAINST MRS HAY MACKENZIEOF CROMARTY AND HER HUSBAND RELATIVE TO THECROMARTY PATRONAGESADDITIONAL OBSERVATIONS UPON THE SUBJECT MATTER OFWHAT PASSED BEFORE THEHOUSE OF LORDS ON 26/11/1813 AT THE HEARING OF THEAPPEAL.42.CS237/MC10/80. BOX 424. 1807. SCOTTISH RECORDOFFICE EDINBURGHINVENTORY OF THE PROCESS ON PASSIVE TITLES,MACKENZIE AGAINST PETLEY MCLEODTHE ESTATE OF CROMARTY.43.RD5/169/361-376. 29/11/1819. SCOTTISH RECORDOFFICE EDINBURGHEARL OF CROMARTY, GEORGE AND VARIOUS TITLES.44.CC8/17/55/121-124. 4/12/1801. SCOTTISH RECORDOFFICE EDINBURGHDISPOSITION LADY JANE MACKENZIE TO LADY ISOBELMACKENZIE HEIRS OF ESTATEIN CROMARTY ROSSHIRE SCOTLAND.45.RS3/1262260-264. SASINE. SCOTTISH RECORD OFFICEEDINBURGHDISPOSITION ROBERT SUTHERLAND AND KATHERINESUTHERLAND OR MACKENZIE
  • 24. RELICT OF THE DECEASED COLONEL ROBERT MACKENZIEH.E.I.C. PARENTS OFALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE, SCOTLAND.46.CS237/MC10/80. 13/12/1806. SCOTTISH RECORDOFFICE EDINBURGHDISPOSITION MARIA MURRAY HAY MACKENZIE OF CROMARTYTO FAMILY HEIRS.47.RD5/145/31-47. 2/11/1818. SCOTTISH RECORD OFFICEEDINBURGHDISPOSITION MRS HAY MACKENZIE OF CROMARTY ANDFAMILY HEIRS TO ESTATESROSSHIRE.48.RD5/905/37-40. 9/6/1852. SCOTTISH RECORD OFFICEEDINBURGHBOND KATHERINE SUTHERLAND OR MACKENZIE RELICT OFCOLONEL ROBERT MACKENZIEIN FAVOUR OF WILLIAM MACKENZIE. ROBERT MOTHER OFALEXANDER MACKENZIE OF ROYSTON.49.GD305/1/133/N018. 7/5/1860 SCOTTISH RECORDOFFICE EDINBURGHASSIGNATION BY LORD AND LADY GLASGOW TO DUKE ANDEARL OF SUTHERLAND.50.RD5/169/321-340. 27.11.1819. SCOTTISH RECORD OFFICEEDINBURGHTRUST DISPOSITION MRS MARIA HAY MACKENZIE TO CHARLESSELKRIG ANDMILLTOWN TRUSTEES KILMUIR EASTER SCOTLAND.51.RH8/1100. 1726 SASINE. SCOTTISH RECORD OFFICEEDINBURGHJOHN MACKENZIE OF ARDLOCH GRANDFATHER OF COLONELROBERT MACKENZIE H.E.I.C.FATHER OF ALEXANDER MACKENZIE OF ROYSTON ENTAILEDLANDS.52.RH15/76/12. 1809. SCOTTISH RECORD OFFICEEDINBURGHHOUSE OF LORDS CASE OF MARIA MURRAY HAY MACKENZIETHE ESTATESOF ROSSHIRE.53.CS228/F7/11. 12/12/1801 SCOTTISH RECORD OFFICEEDINBURGHSUMMONS FRASER AGAINST MACKENZIE.CHARLES FRASER OF WILLIAMSTON RESIDING LEITH WALKEDINBURGH SCOTLANDAGAINST COLONEL ROBERT MACKENZIE H.E.I.C. A LIBEL SUIT.54.RD2/241/1/245-264. 21/7/1786. SCOTTISH RECORDOFFICE EDINBURGH
  • 25. KENNETH MACKENZIE AND BARONIES IN ROSSHIRESCOTLAND.55.RD5/382/180-190. 12/3/1829. SCOTTISH RECORDOFFICE EDINBURGHDISPOSITION ROBERT SUTHERLAND TO TRUSTEES AND OFTHE ISLAND OF ST VINCENTWEST INDIES AND OF MILLMOUNT EASTER KILMUIRROSSHIRE.56.CS237/MC10/80. BOX424. SCOTTISH RECORD OFFICEEDINBURGHSUMMONS THE ROYSTON ESTATE TITLES EDINBURGHSCOTLAND.MACKENZIE AGAINST PETLY MCLEOD.57.RD5/599/448-670. 26/6/1838. SCOTTISH RECORDOFFICE EDINBURGHDISPOSITION JOHN HAY MACKENZIE TO MARIA MURRAY HAYMACKENZIE AND TRUSTEESSIR DAVID HUNTER BLAIR, SIR FRANCIS WALKER DRUMMONDAND JOHN BUCKLE LANDSROSSHIRE.58.RD15/1825. 11/6/1825. SCOTTISH RECORD OFFICEEDINBURGHFACTORY AND COMMISSION ALEXANDER MACKENZIE OFROYSTON CROMARTY TARBETGRANDVILLE IN FAVOUR OF JOSEPH GORDON ANDALEXANDER STUART.59.CS232/1DR/M89/15. 27/2/1849. SCOTTISH RECORDOFFICE EDINBURGHPETITION OF JOHN HAY MACKENZIE OF CROMARTY WITH LINEOF DESCENT THE ESTATESBELONGING TO ALEXANDER MACKENZIE OF ROYSTONCROMARTY TARBET GRANDVILLE.60.RS3/962.83-91. 19/7/1811. SCOTTISH RECORD OFFICEEDINBURGHALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE SASINEMENTIONED IN A DECREET TO HIM FROM DANIEL HAMILTONOF GILKERSCLEUGHAND SUMS OF MONEY IN SECURITY OVER THE LANDS OFCROMARTY ROSSHIRE.61.SC34/1/7. 12/7/1826. SCOTTISH RECORD OFFICEEDINBURGHALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE RECEIVESSERVICE OF HEIR AND LISTS PEDIGREE DETAILS.62.CHANCERY RECORDS. ORIGINAL RETOURS.ALEXANDERMACKENZIE OF ROYSTON.
  • 26. C.24. JANUARY 11 1781. NO.4 ALEXANDER MACKENZIEC.24.92 FEBRUARY 1798. NO.6 ALEXANDER MACKENZIEC.24.103 DECEMBER 16 1809. NO.33 ALEXANDER MACKENZIEC.24.120 SEPTEMBER 20 1826. NO.30 ALEXANDERMACKENZIEC.24.135 1841. NO. ALEXANDER MACKENZIEC.24.141 OCTOBER 08 1847. NO.9 JAMES SUTHERLANDMACKENZIEC.24 FROM THE SCOTTISH RECORD OFFICE, EDINBURGHSCOTLAND.63.RS3/920/83-93. SASINE SCOTTISH RECORD OFFICE.AT EDINBURGH 15/5/1812 TUTORS OF ALEXANDERMACKENZIE OF ROYSTONCROMARTY GRANDVILLE TARBET AND MENTION OF MCLEODAND LAND ARDBOLROSSHIRE SCOTLAND.64.SIGNET LIBRARY PAPERS EDINBURGH SCOTLAND.SIGNET PAPER LIB.255/11.ENTRY NO 14. 13/6/1811.ALEXANDER MACKENZIE OF ROYSTON PETITION TO COURTOF SESSIONSON OF COLONEL ROBERT MACKENZIE H.E.I.C.65.RS/2788.3-5. 23/5/1856. SCOTTISH RECORD OFFICEEDINBURGHSASINE ON BEHALF OF WILLIAM FRASER OF CULBOCKIECAPTAIN IN THE 76THREGIMENT INVERNESS CHARTER OF SALE UNDER GREATSEAL LANDS 80 MERKSTROTTERNISH KILMUIR WESTER ISLAND OF SKYE.66.RS38/17.6210. 23/12/1803 SCOTTISH RECORD OFFICEEDINBURGHSASINE IN FAVOUR OF ELIZABETH BAILLIE IN LIFERENT ANDMRS KATHERINESUTHERLAND OR MACKENZIE SPOUSE OF COLONEL ROBERTMACKENZIE.67.CS21.NOVEMBER.21/1805. SCOTTISH RECORD OFFICEEDINBURGHMEMORIAL FOR MARIA MURRAY HAY MACKENZIE OFCROMARTY AND MISSISABELLA MURRAY HER SISTER GERMAN AND EDWARD HAYMACKENZIEOF NEWHALL HUSBAND OF THE SAID MRS MARIA MURRAY HAYMACKENZIEDEFENDERS AGAINST MRS JANE PETLEY WIFE OF DONALDMCLEOD OFGEANIES AND HER SAID HUSBAND FOR HIS INTEREST,PURSUERS.68.CS46/1851/7/24. 1857 SCOTTISH RECORD OFFICE
  • 27. EDINBURGHMINUTES FOR EDWARD SUTHERLAND AND OTHERSDEFENDERS AGAINSTSIR JAMES SUTHERLAND MACKENZIE OF TARBAT ANDROYSTON BROTHEROF ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE.69.CS46/JULY/10-27/1851. SCOTTISH RECORD OFFICEEDINBURGHINTERLOCTOR SHEET WITH NOTE OF SUSPENSION FOREDWARD SUTHERLANDAND MANDATORY AGAINST JAMES SUTHERLAND MACKENZIEOF TARBAT AND ROYSTONBARONET.70.CS46/JULY/10-27/1851. SCOTTISH RECORD OFFICEEDINBURGHINTERLOCTOR IN THE COURT OF SESSION A PROCESS OFDECLARATOR SIR JAMESSUTHERLAND MACKENZIE BARONET AGAINST EDWARDSUTHERLAND.71.CS46/JULY/10-27/1851. SCOTTISH RECORD OFFICEEDINBURGHSUMMONS OF DECLARATOR SIR JAMES SUTHERLANDMACKENZIE OF TARBAT ANDROYSTON AGAINST EDWARD SUTHERLAND.72.CS46/JULY/24/1851.INVENTORY OF PRODUCTION BY PURSUER IN DECLARATIONSIR JAMES SUTHERLANDMACKENZIE PURSUER AGAINST EDWARD SUTHERLANDDEFENDER.73.CS46/JULY/24/1851. SCOTTISH RECORD OFFICEEDINBURGHINVENTORY OF ADDITIONAL PRODUCTIONS FOR PURSUER INDECLARATIONSIR JAMES SUTHERLAND MACKENZIE OF TARBAT ANDROYSTON AGAINSTEDWARD SUTHERLAND.74.SC34/4/50. 7/8/1826. SCOTTISH RECORD OFFICEEDINBURGHCLAIM FOR ALEXANDER MACKENZIE OF ROYSTON CROMARTYTARBATGRANDVILLE.75.CS238/1SK/M78/7. 1855 SCOTTISH RECORD OFFICEEDINBURGHINVENTORY OF PROCESS OF DAMAGES JAMES SUTHERLANDMACKENZIEOF TARBAT AND ROYSTON AGAINST THE MARQUIS OF
  • 28. STAFFORD.76.GD305/1/117/451.14. SCOTTISH RECORD OFFICEEDINBURGHA REFERENCE TO COLONEL ROBERT MACKENZIE ANDALEXANDER MACKENZIE OFROYSTON CROMARTY TARBAT AND GRANDVILLEINTERLOCTORS IN THE ENTAILEDESTATE OF ROYSTON BY INVESTMENT OF THE SUM£4,81317.09 AND OBTAININGA SECURITY LORD BALMUTO PRONOUNCING FINALINTERLOCTOR.77.GD305/1/117/451.13. SCOTTISH RECORD OFFICEEDINBURGHBOND OVER THE LANDS GILKERSCLEUGH LANARKSCOTLAND AND REFERENCETO £1494.17.04. AND INFEFTMENT OVER THESE LANDS.78.GD305/1/117/451.12. SCOTTISH RECORD OFFICEEDINBURGHALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBATGRANDVILLE EXPEDITESA SERVICE TO HIS FATHER COLONEL ROBERT MACKENZIE OFMILLMOUNT KILMUIREASTER ROSS.79.GD305/1/117/451/362. 3/12/1798. SCOTTISH RECORDOFFICE EDINBURGHLIEUTENANT COLONEL ROBERT MACKENZIE H.E.I.C. PAYINGBACK£4,813.17.09 BEING THE BALANCE ON THE ROYSTON ESTATE.80.GD305/1/117/451.11. SCOTTISH RECORD OFFICEEDINBURGHA DEED SETTLEMENT IN FAVOUR OF KENNETH MACKENZIEFROM LORD MCLEODKNOWN AS JOHN MCLEOD SON OF THIRD EARL OFCROMARTY LORD MCLEODBORN 1727, MARRIED 4/6/1786, DIED 2/4/1789 DSP.81.GD305/1/117/451/17. SCOTTISH RECORD OFFICEEDINBURGHTHE MARRIAGE OF COLONEL ROBERT MACKENZIE H.E.I.C. ATBRAILANGWELLSCOTLAND 15/8/1801 TO KATHARINE SUTHERLAND OFGOLSPIE DESCENDEDFROM THE KINSTARIE SUTHERLANDS REFERENCE TO.82.RD5/885/564. 5/8/1851 SCOTTISH RECORD OFFICEEDINBURGHALEXANDER MACKENZIE OF ROYSTON AND DECREET BYGEORGE GRAHAM BELL.83.RD5/875/682. SCOTTISH RECORD OFFICE EDINBURGH
  • 29. ALEXANDER MACKENZIE OF ROYSTON REFERENCE.83.GD305/1/133.NO6. 1850 SCOTTISH RECORD OFFICEEDINBURGHASSIGNATION BY JAMES SUTHERLAND MACKENZIE BARONETTO JOSEPHW. FORBES A BOND DATED 19/2 AND 18/3/1835 GRANTEDBY JOHN H. MACKENZIEOF CROMARTY SON OF MRS MARIA MURRAY HAY MACKENZIEAND TO THE DECEASEDALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBATGRANDVILLE MENTION OFA BILL DATED 12/5/1847 BOOKS OF COUNCIL AND SESSION.84.GD305/1/117/453. SCOTTISH RECORD OFFICEEDINBURGHDECREE OF DECLARATION OF COURT OF SESSIONEDINBURGH.MACKENZIE AGAINST MACKENZIE.85.GD305/1/62/2 SCOTTISH RECORD OFFICE EDINBURGHINSTRUMENT OF SASINE PROCEEDING APON A PRECEPT INTHE FOREGOINGCHARTER IN FAVOUR OF THE SAID KATHARINE SUTHERLANDOR MACKENZIEOF THE SAID TENEMENT MILLMOUNT KILMUIR-EASTER ROSSAND RECORDEDSASINE EDINBURGH 5/8/1840.86.GD305/1/62/3. SCOTTISH RECORD OFFICE EDINBURGHEXTRACT DISPOSITION BY KATHERINE MACKENZIE IN FAVOUROF CROMARTY AND HISHEIRS THE TENEMENT MILLMOUNT KILMUIR EASTER ROSS,DATED 10/7/1840.AND REGISTERED BOOKS COUNCIL SESSION 5/8/1840 ANDREFERENCE IN DEEDRD5/645/63.87.GD305/1/62/4. SCOTTISH RECORD OFFICE EDINBURGHSASINE IN FAVOUR OF JOHN H. MACKENZIE THE HOUSEMILLMOUNT RECORDEDGENERAL REGISTER OF SASINES RS3/2042/21. BYKATHERINE MACKENZIE.88.GD305/1/62/7. SCOTTISH RECORD OFFICE EDINBURGHRENUNCIATION BY HENRY CHEYNE WS IN FAVOUR OF THEFORESAID KATHERINEMACKENZIE OF MILLMOUNT DISPOSITION GRANTED BY HERTO HIM IN SECURITYFOR £1350 FOR MILLMOUNT HOUSE DATED 28/6/ ANDRECORDED GENERALREGISTER OF SASINES EDINBURGH 20/7/1840 ANDREFERENCE IN RS3/2040.113.
  • 30. 89.GD305/1/62/6. SCOTTISH RECORD OFFICE EDINBURGHRENUNCIATION BY ALEXANDER STEWART IN FAVOUR OFJOSEPH GORDON FACTORFOR DECEASED ROBERT SUTHERLAND. A BOND IN SECURITYDATED 19/7/1826.RECORDED EDINBURGH 8/5/1840.90.GD305/1/132/8. SCOTTISH RECORD OFFICE EDINBURGHEXTRACT OF RETOUR OF THE SERVICE OF JAMESSUTHERLAND MACKENZIE BARONETAS HEIR IN GENERAL TO ALEXANDER MACKENZIE OFROYSTON CROMARTY TARBATGRANDVILLE THE LANDS OF ROYSTON DATED 17/9/1841.91.RD5/645/63. 10/7/1840. SCOTTISH RECORD OFFICEEDINBURGHCHARTER OF CONFIRMATION AND NOVADAMUS 4/7/1840JOHN HAY MACKENZIE ANDDISPOSITION BY KATHERINE MACKENZIE RELICT OF COLONELROBERT MACKENZIE.92.RS3/3188. 1/12/1835 SCOTTISH RECORD OFFICEEDINBURGHDECREET OF SPECIAL SERVICE ENTAILS.93.GD305/1/117/452.260. SCOTTISH RECORD OFFICEEDINBURGHMARIA MURRAY HAY MACKENZIE OF CROMARTY IN FAVOUR OFALEXANDER MACKENZIEOF ROYSTON EDINBURGH DATED 19/2 AND 18/3/1835.94.GD305/1/117/451/260. SCOTTISH RECORD OFFICEEDINBURGHBOND OF CORROBERATION BY MARIA MURRAY HAYMACKENZIE OF CROMARTYTHE SUCCEEDING HEIRS OF ENTAIL TO INFEFT ALEXANDERMACKENZIE OF ROYSTONCROMARTY TARBET GRANDVILLE SON OF COLONEL ROBERTMACKENZIE.95.GD305/1/61/12. SCOTTISH RECORD OFFICE EDINBURGHINFEFTMENT OF SASINE PROCEEDING APON A PRECEPT INFAVOUR OFKATHERINE MACKENZIE OF THE SAID TENEMENT ATMILMOUNT DATED30/1/1830 RECORDED GENERAL SASINES EDINBURGH16/2/1830 ANDAT REFERENCE RS3/1578/3 BY HENRY CHEYNE.96.GD305/1/61/8. SCOTTISH RECORD OFFICE EDINBURGHINSTRUMENT OF SASINE PROCEEDING APON A PRECEPT OFSASINE IN FAVOUROF THE SAID ROBERT SUTHERLAND OF THE HOUSE ANDGROUND MILLMOUNT
  • 31. DATED 24/12/1822 RECORDED SASINES EDINBURGH21/1/1823 AND IN REFERENCESASINE RS3/1262/260.97.GD305/1/61/11. SCOTTISH RECORD OFFICE EDINBURGHDISPOSITION AND ASSIGNATION BY JOSEPH GORDONEXECUTERS IN SCOTLANDOF THE SAID ROBERT SUTHERLAND OF MILLMOUNT INFAVOUR OF KATHERINEMACKENZIE WIDOW OF COLONEL ROBERT MACKENZIE H.E.I.C.AND HEIRSOF THE SAID TENEMENT DATED 21/1/1830. REGISTERED INBOOKS COUNCILSESSION 12/3/1824.98.GD305/1/167/190. SCOTTISH RECORD OFFICEEDINBURGHTITLES TO THE CROMARTY ESTATE 1825 AND A RECORDINGBOOKS COUNCIL SESSIONISABELL MURRAY 2/11/1818.99.GD305/1/128/17. SCOTTISH RECORD OFFICEEDINBURGHMARRIAGE CONTRACT OF COLONEL ROBERT MACKENZIEAND KATHERINESUTHERLAND DAUGHTER OF COLONEL JAMES SUTHERLANDOF UPPAT.100.RD3/329. 31/7/1809 SCOTTISH RECORD OFFICEEDINBURGHMARRIAGE CONTRACT RELATING COLONEL ROBERTMACKENZIE H.E.I.C.NATURAL CHILDREN OUT OF WEDLOCK.ROBERT MACKENZIE H.E.I.C. LIEUTENANT MAHRATTACOMPANYMURDOCK MACKENZIE SON OF KATHERINE MCLEODHUME MACKENZIE H.E.I.C. LIEUTENANT MADRAS COMPANYFRANCIS MACKENZIE NOW GUNN ROBERTS DAUGHTER.MARIA MACKENZIE NOW MACALAY ROBERET DAUGHTER.101.RD13/149/662. 31/7/1809 SCOTTISH RECORD OFFICEEDINBURGHWARRANT OF THE DEED RD3/329. COLONEL ROBERTMACKENZIE.102.GD305/1/167/187. SCOTTISH RECORD OFFICEEDINBURGHLETTER BY CAPTAIN ROBERT MACKENZIE TO ALEXANDERDUNCAN REGISTERED26/3/1803 EDINBURGH A PROBATE WRIT.103.GD305/1/167/186-196. SCOTTISH RECORD OFFICEEDINBURGHPOLICIES OF INSURANCE BY LADY ISOBELL MACKENZIE
  • 32. 19/10/1801.104.GD305/1/159/102. SCOTTISH RECORD OFFICEEDINBURGHMEMORIALS AND QUERIES ON THE SETTLEMENT OFKENNETH MACKENZIE OFCROMARTY TO PROOF HEIRSHIP TO ESTATES ANDSUCCESSION OF ROYSTON.105.GD305/1/60/7. SCOTTISH RECORD OFFICE EDINBURGHRETOUR OF SERVICE OF MARIA MURRAY HAY MACKENZIE8/3/1802.106.GD305/1/154/106. SCOTTISH RECORD OFFICEEDINBURGHMEMORIALS BY LADY ISABELL MACKENZIE NOVEMBER 1801ROYSTON.107.RS38/17/212. SCOTTISH RECORD OFFICE EDINBURGHMRS KATHERINE SUTHERLAND OR MACKENZIE A LIFERENTFROM ELIZABETH BAILLIE.108.GD305/1/163/184. SCOTTISH RECORD OFFICEEDINBURGHCROMARTY FAMILY ENTAILS AND LANDS ROSSHIRE WITHDETAILED LISTSOF HEIRSHIPS.109.GD305/1/117/450/259. SCOTTISH RECORD OFFICEEDINBURGHCOPY OF THE SUMMONS AT THE INSTANCE OF COLONELROBERT MACKENZIE H.E.I.C.GREAT-GRANDSON OF ALEXANDER MACKENZIE OF ARDLOCHONLY BROTHERGERMAN TO GEORGE VISCOUNT TARBAT AGAINST JANEPETLEY WIDOW OFKENNETH MACKENZIE OF CROMARTY AS EXECUTERSOTHERWISE REPRESENTINGHIM TO THE SAID COLONEL ROBERT MACKENZIE AS HEIRMALE TRUSTEE OF THESAID KENNETH MACKENZIE DATED AND SIGNED EDINBURGH17/4/1801.SASINE PR 404/47 ENTRY NO. 6338.110.GR902/83. 19/7/1811 SCOTTISH RECORD OFFICEEDINBURGHALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBATGRANDVILLE REFERENCESTO THE ROYSTON ESTATE.111.RD5/1167.145. SCOTTISH RECORD OFFICE EDINBURGHA BOND OF SECURITY AND DISPOSITION IN SECURITY ANDPOLICIES OF INSURANCE10/14/11/1835 BY MRS MARIA MURRAY HAY MACKENZIE TOTHE TRUSTEES
  • 33. OF THE SCOTTISH LIFE ASSURANCE SOCIETY FOR £15,000OF THE ESTATESOF CROMARTY AND A BOND DATED 9/1/1851.112.GD305/1/128/333. SCOTTISH RECORD OFFICEEDINBURGHCOLONEL ROBERT MACKENZIE H.E.I.C. MARRIAGE CONTRACTENTRY NO 7.AND SEVERAL INVESTITURES DATED 4/5/1793, 1/11/1800ALL IN AN ACCOUNTBETWEEN COLONEL ROBERT MACKENZIE AND MESSRS.DOWNIE & MAITLANDHIS AGENTS IN CALCUTTA DATED 31/12/1800 AND 20,000RUPEES INVESTEDBY HIM IN THE SAID GOVERNMENT SECURITIES BEINGNUMBER 48 OF THEDECENNIAL LOAN OBLIGATION DATED 16.11.1798.113.GD305/1/153/359/362. SCOTTISH RECORD OFFICEEDINBURGHDISCHARGE BY KENNETH MACKENZIE OF LEDBEG FACTOR TOCOLONELROBERT MACKENZIE H.E.I.C. TO DOWAGER LADY ELIBANK ONTHE ROYSTONESTATE DATED 15/4/1799.114.GD305/1/61/5. SCOTTISH RECORD OFFICE EDINBURGHROBERT MACKENZIE OF SCOTSBURN TO COLONEL ROBERTMACKENZIE OF H.E.I.C.FATHER OF ALEXANDER MACKENZIE OF ROYSTON ALSOH.E.I.C.115.RD4/223/2. 24/6/1778. SCOTTISH RECORD OFFICEEDINBURGHCONTRACT OF MARRIAGE ALEXANDER MACKENZIE OFARDLOCH AND MISS MARGARETSUTHERLAND ALEXANDER MACKEZIE 111 OF ARDLOCHFATHER OF COLONEL ROBERTMACKENZIE OF MILLMOUNT ROSSHIRE.116.C22/125/205 17/8/1826 SCOTTISH RECORD OFFICEEDINBURGHRECORD OF RETOURS, GENEALOGICAL ACCOUNT OF THEARDLOCH HEIR MALELINE OF TALZIES, AND CROMARTY ESTATES.117.RD5/014/297. 24/7/1812 SCOTTISH RECORD OFFICEEDINBURGHJOSEPH GORDON TO MARCHIONESS OF STAFFORD.118.RD5/21/273 7/12/1812 SCOTTISH RECORD OFFICEEDINBURGHST VINCENT ISLANDS AND LANDS HELD THERE BY THESUTHERLAND LINE DESCENDED
  • 34. FROM DAVID 1 OF SCOTLAND.119.GD305/1/157/95 27/7/1814 SCOTTISH RECORDOFFICE EDINBURGHINSTRUMENT OF INTERLOCTOR COURT OF SESSIONEDINBURGH MARIA MURRAY HAYMACKENZIE.120.RD5/044/926. 31/1/1814 SCOTTISH RECORD OFFICEEDINBURGHDEED BY GEORGE LACKWELL SUTHERLAND AND MENTION OFMARIA MURRAYHAY MACKENZIE.121.RD5/76/1815. SCOTTISH RECORD OFFICE EDINBURGHFACTORY, JOHN HAY MACKENZIE TO DAVID WEMYSS ANDFRANCIS WALKERMENTIONS GEORGE, MARQUISS OF TWEEDDALE AND SIRDAVID HUNTER BLAIRBARONET AND DAVID HENDERSON CLERK CLERK TO DAVIDWEMYSS.122.GD305/1/161/49. 8/5/1818 SCOTTISH RECORD OFFICEEDINBURGHRENUNCIATION BY MARIA MURRAY HAY MACKENZIE AT NEWTARBET HOUSEMILLMOUNT,EASTER-KILMUIR, ROSSHIRE, SCOTLAND.123.C22/101/490. 16.9/1809 SCOTTISH RECORD OFFICEEDINBURGHRECORD OF RETOURS A GENEALOGICAL ACCOUNT FROMTHE SERVICE OFALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE.124.RD3/331/831. 31/7/1809 SCOTTISH RECORD OFFICEEDINBURGHFACTORY COLONEL ROBERT MACKENZIE H.E.I.C. ANDKATHERINE SUTHERLANDHIS SPOUSE TRUSTEE NOMINATIONSHIP, COLONEL LEWISGRAND OF ACHAINOCHALSO H.E.I.C. AND CAPTAIN CHARLES GRANT H.E.I.C. BENGALESTABLISHMENTAND COLONEL WILLIAM DUNCAN H.E.I.C. AND HENRY WHITEH.E.I.C. THE TRUSTEESOF ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE ANDSURVIVING TRUSTEES GEORGE SACKVILLE SUTHERLAND ANDKATHARINESUTHERLAND HIS SISTER.124. RD2/288. 12/7/1803 SCOTTISH RECORD OFFICEEDINBURGHBOND BY MAJOR EVAN BAILLIE TO KATHARINE SUTHERLAND
  • 35. ELDEST DAUGHTEROF COLONEL JAMES SUTHERLAND OF UPPAT AND ELIZABETHBAILLIE ANDKATHARINE SUTHERLAND SECOND WIFE OF COLONELROBERT MACKENZIEH.E.I.C.125.RS38/17. 23/12/1803 SCOTTISH RECORD OFFICEEDINBURGHCOLONEL JAMES SUTHERLAND OF UPPAT, SUTHERLANDCOUNTY FENCIBLESREGIMENT A GRANT OF £1000 TO ELIZABETH BAILLIE INLIFERENT AND HALF THEFEE TO MRS KATHARINE SUTHERLAND AND FRANCIS LORDSEAFORTH AND A BONDGRANTED BY MAJOR GENERAL MACKAY TO FRANCIS LORDSEAFORTH LANDSROSSHIRE,SCOTLAND.126.DURIE OFFICE, BOOK 292, PAGE 907. SCOTTISH RECORDOFFICE EDINBURGHFACTORY APPOINTING ELIZABETH BAILLIE MOTHER OFROBERT SUTHERLANDOF ST VINCENT AND GRANT TO ELIZABETH BAILLIE ORSUTHERLAND ESTATEOF ROSEHALL GRANTED BY GEORGE LANGWELLSUTHERLAND OF UPPAT.127.GD305/1/159/23 1799 SCOTTISH RECORD OFFICEEDINBURGHACCOUNT NOTIFICATIONS, LADY ELIBANK AND MARIAMURRAY HAY MACKENZIE.128RS/38/13/490. SCOTTISH RECORD OFFICE EDINBURGHROBERT SUTHERLAND OF ST VINCENT.129.RS/13/49,14,102,230,317,340,349 PAGES SCOTTISHRECORD OFFICE EDINBURGHROBERT SUTHERLAND OF ST VINCENT.130.GD305/1/60/7. SCOTTISH RECORD OFFICE EDINBURGHDEED OF ENTAILS CROMARTY FAMILY ARDLOCH LINE.131.GD305/1/60/7. SCOTTISH RECORD OFFICE EDINBURGHCHARTERS DATED 20/12/1786 REGISTERED 30/9/1780KENNETH MACKENZIE TO HISCOUSIN JOHN MACKENZIE LANDS ROSSHIRE, SCOTLAND.132.RD5/645/63. 10/7/1840 B C S SCOTTISH RECORDOFFICE EDINBURGHCHARTER OF NOVADAMUS AND DISPOSITION 4/7/1840 BYKATHARINE SUTHERLANDOR MACKENZIE SPOUSE TO COLONEL ROBERT MACKENZIEH.E.I.C.133.RS3/2042/24 5/8/1840 SCOTLAND RECORD OFFICE
  • 36. EDINBURGHGENERAL REGISTER SASINES EDINBURGH.134.RD5/10/75/513 5/5/1859 B C S SCOTTISH RECORDOFFICE EDINBURGHDISPOSITION AND SETTLEMENT WITH DEED OF INSTRUCTIONAND CODICALSIN BOOKS COUNCIL SESSION RECORDED 5/1/1858 ANDBOND DATED 16/2/1803BY MARIA MURRAY HAY MACKENZIE OF CROMARTY.135.GD305/1/132/8. 17/9/1841 SCOTTISH RECORD OFFICEEDINBURGHEXTRACT OF THE RETOUR OF SERVICE OF JAMESSUTHERLAND MACKENZIEOF TARBET AS HEIR IN GENERAL OF ALEXANDER MACKENZIEOF ROYSTONCROMARTY TARBET AND GRANDVILLE.136.C5/1/35 GREAT SEAL OF SCOTLAND. SCOTTISHRECORD OFFICE EDINBURGHLAND RECORDING IN FAVOUR OF EVAN BAILLIE SUTHERLANDLIEUTENANT IN THEROYAL NAVY OF DOCHFOUR BORN 15/4/1800 UPPAT SON OFGEORGE SACKWELLSUTHERLAND AND MRS JEAN SUTHERLAND MCKAY A TITLETO HARRY MACDONALDSKEABOST WATTERNISH ISLAND OF SKYE. KATHARINESUTHERLAND AUNTIE TO EVANBAILLIE SUTHERLAND AND MOTHER OF JAMES SUTHERLANDMACKENZIE BROTHER OFALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBETGRANDVILLE.137.GENERAL REGISTER OF SASINES SCOTLAND VOLUME3121.3 ROSS DATED10/1/1861 A RECORDING BY THE SCOTTISH EQUITABLE LIFEASSURANCESOCIETY A BOND DISPONED FOR £2000 MENTION DOUGALDMACDONALDOF SKEABOST TO JAMES DAVIDSON SURGEON IN H.E.I.C.THENRESIDING IN KIRKCALDY FIFE AND DECLARES PARTS OF THELANDSSTEIN WESTER KILMUIR ISLAND OF SKYE, SCOTLAND.138.GD305/1/61/10 1743-1824 SCOTTISH RECORD OFFICEEDINBURGHARTICLES AND CONDITIONS OF A ROUP AND SALE OF THESAID HOUSE NEW TARBETWITH APPENDED INVENTORY OF THE TITLE DEEDS OF THEPROPERTY.
  • 37. 139.GD305/1/61 30/3/1782 SCOTTISH RECORD OFFICEEDINBURGHDISPOSITION BY ALEXANDER MUNRO AND JAMES WATSON INFAVOUR OF THE DECEASEDCOLONEL ROBERT MACKENZIE OF H.E.I.C. FATHER OFALEXANDER MACKENZIE OFROYSTON DATED 21/3/1782.140.RS3/902/85. SCOTTISH RECORD OFFICE EDINBURGHSIXTH DUKE OF HAMILTON, JAMES WHO MARRIED BARONESSELIZABETH HAMILTONWHO WAS MARRIED AGAIN TO JOHN FIFTH DUKE OF ARGYLL,HIS DAUGHTERCHARLOTTE SUSAN MARIA MARRIED JOHN CAMPBELL ANDHIS SISTER HARRIETMARRIED DANIEL HAMILTON OF GILKERSCLEUGH AND HE ISREFERENCEDIN 19/7/1811 DISPONING TITLE TO ALEXANDER MACKENZIEOF ROYSTONCROMARTY TARBET AND GRANDVILLE. DANIEL HAMILTONSBROTHERINLAWJOHN DUKE OF ARGYLES MOTHERINLAW IS ELIZABETH WHOMARRIED FIRSTSIXTH DUKE OF HAMILTON GRANDSON OF JOHN STEWARTAND HIMGRANDSON OF LADY JEAN MACKENZIE WHO WAS DAUGHTEROF GEORGEEARL OF CROMARTY AND IT IS HIM WHO ISGREAT/GREAT/GRANDUNCLETO ALEXANDER MACKENZIE OF ROYSTON.141.REFERENCE SIGNET LIBRARY VOLUME 434/84,87. INDEXSESSION PAPERS.GILKERSCLEUGH...COLEBROOKE VERSES HAMILTON.142.RT2/1. ENTAILS 7/6/1803. SCOTTISH RECORD OFFICEEDINBURGHBARONY OF CROMARTY. VOLUME 30/33. REFERENCE RT1/33ENTAILS CROMARTY.143.RT2/1. ENTAILS 29/6/1805 SCOTTISH RECORD OFFICEEDINBURGHVOLUME 35/277-301 PAGES. DISPOSITION AND DEED OFTALZIE, CROMARTY ESTATE.144.RT1/118. SCOTTISH RECORD OFFICE EDINBURGHJOHN HAY MACKENZIE OF CROMARTY ENTAILED.145.RT3/1/2. SCOTTISH RECORD OFFICE EDINBURGHENTAIL DESIGNATION CROMARTY LINE.146.GD305/1/165/235. SCOTTISH RECORD OFFICEEDINBURGHDECLARATOR CONCERNING MARIA MURRAY HAY MACKENZIE
  • 38. OF CROMARTY.147.GD305/1/159/111. 21/2/1807 SCOTTISH RECORDOFFICE EDINBURGHMEMORIALS FOR MARIA MURRAY HAY MACKENZIE.148.GD305/1/160/121. 11/6/1807. SCOTTISH RECORDOFFICE EDINBURGHDISPOSITIONS BY MARIA MURRAY HAY MACKENZIE.149.PR/589/25 REFERENCE SASINES. SCOTTISH RECORDOFFICE EDINBURGH16/6/1807.FRANCIS LORD SEAFORTH. MARY MAXWELLSUTHERLAND SPOUSETO ALEXANDER SUTHERLAND 2 BATTALION 78TH FOOT ANDGEORGE SACKVILLESUTHERLAND GETS £500 IN SECURITY REFERENCE TOGEORGE STREET ANDCASTLE STREET EDINBURGH.150.RD5/21. 20/3/1809 B C S SCOTTISH RECORD OFFICEEDINBURGHBOOKS COUNCIL SESSION EDINBURGH FACTORY BY ROBERTSUTHERLAND.151.RD2/251. B C S SCOTTISH RECORD OFFICE EDINBURGHLAST WILL AND TESTAMENT OF JAMES SUTHERLAND OFALDANY MENTION OFCONTRACT OF MARRIAGE TO ELIZABETH BAILLIE.152.GD46/1/50. 16/6/1807 SCOTTISH RECORD OFFICEEDINBURGHDISCHARGE BY MRS ELIZABETH SUTHERLAND WIDOW OFJAMES SUTHERLANDOF UPPAT REFERENCE TO £500. REGISTERED PARTICULARREGISTER OF SASINESEDINBURGH 16/6/1807 AND 20/6/1811 AND 20/9/1825.153.RD5/99/316. B C S SCOTTISH RECORD OFFICEEDINBURGHCROMARTY FAMILY DISPONE TO A JAMES W. HENDERSON.154.RD2/288 20/10/1784 B C S SCOTTISH RECORD OFFICEEDINBURGHMAJOR EWAN BAILLIE H.E.I.C PAYS £500 TO HIS NEICE MISSKATHARINE SUTHERLANDDAUGHTER OF COLONEL JAMES SUTHERLAND ANDELIZABETH BAILLIE.KATHARINE SUTHERLAND SPOUSE TO COLONEL ROBERTMACKENZIE H.E.I.C.155.CHARTER UNDER THE GREAT SEAL. SCOTTISH RECORDOFFICE EDINBURGHLANDS AND PECUNIARY DISPOSITION IN FAVOUR OFLIEUTENANT COLONEL MCKAYALSO KNOWN AS HUGH BAILLIE. 13/7/1788.
  • 39. 156.RD3/275. 23/12/1790. B C S SCOTTISH RECORD OFFICEEDINBURGHA SUM OF £2000 AND £4000 TO GEORGE SACKVILLESUTHERLAND SON OFLIEUTENANT COLONEL JAMES SUTHERLAND ANDREFERENCE TO A CHARTERUNDER THE GREAT SEAL SCOTLAND 13/71788 AND A SASINEREGISTEREDINVERNESS 28/4/1791.157.RD3/275.SASINE EDINBURGH SCOTTISH RECORD OFFICEEDINBURGHVOLUME 566.PAGE 118-125. INSTRUMENT OF SASINEPARTICULAR.158.RS38/13. SASINE INVERNESS SCOTTISH RECORD OFFICEEDINBURGHROBERT SUTHERLAND TO ELIZABETH COUNTESS OFSUTHERLAND RECORDEDINVERNESS 11/9/1799 TO ALEXANDER MACKENZIE WRITERTO THE SIGNETSUBSCRIBED AT GOLSPIE 31/7/1780.159.GD305/1/60/7. 18/8/1789 SCOTTISH RECORD OFFICEEDINBURGHREFERENCE TO SASINE KENNETH MACKENZIE OF CROMARTYTO HIS COUSINSIR KENNETH MACKENZIE OF CROMARTY AND GRANDVILLE.160.GD305/1/165/229-235. 21/2/1797 SCOTTISH RECORDOFFICE EDINBURGHA DEED OF ENTAIL ROYSTON ESTATE EDINBURGH SCOTLAND.HUGH FRASER * CHRISTIAN CHISHOLMOF COMERDIED 19/11/1691SASINE 09/09/1675DRUMCHARDING.WILLIAM FRASER * MARGARET GRANTB.M. 20/09/1683D.WILLIAM FRASER * MARGARET MCDONALDOF ARDNABIEWILLIAM FRASER * MARGARET STEWARTB.M.CONTRACT OF MARRIAGE 1759.D.WILLIAM FRASER * SARAH FRASEROF CULBOCKIE 3RD DAUGHTER OFJAMES FRASER OFBELLADRUM
  • 40. WILLIAM FRASER * MARGARET CHISHOLMOF CULBOCKIED.13/08/1785WILLIAM FRASER * JANET BROWNOF CULBOCKIE DAUGHTER OFDR ANDREW BROWNB.M.D.SC29/44/6 1844 RECORDED.HAD IN1855 TROTTERNISH KILMUIRWESTER SKYE. BELEIVED TO LIVENEWTON HOUSE NAIRN. (NEAR CULBOKIE)CS 235/11/MISC-3DEPOSITIONS OF MR ALEXANDER MACKENZIE AND EDWARDCALLENDER1720ANSWERS FOR MR ALEXANDER MACKENZIE ONE OF THEPRINCIPALCLERKS OF SESSIONTHE PETITION OF THE COMMISSIONERS AND TRUSTEES FORSALE OFFORFEITED ESTATESTHE SAID COMMISSIONERS AND TRUSTEES HAVE EXHIBITED APETITIONAGAINST THE SAID MR ALEXANDER MACKENZIE COMPLAININGOF HISREFUSEING TO GIVE THEM AN EXTRAIT OF A DECREETPRONOUNCEDON AN EXEPTION OF KENNETH MACKENZIE OF ASSINT ANDCOLLONELALEXANDER MACKENZIE OF CONASBAY HIS CURATOR ASSUPERIOR OFTHE LANDS OF TROTTERNESS LATE THE PROPERTY OF THELATE SIRDONALD MACDONALD.AND CRAVEING THAT HE AND HIS SERVANT MAY BE EXAMINEDUPONTHE MATTER CONTAINED IN THE SAID PETITION AND THAT HEMAYBE ORDAINED TO GIVE AN EXTRACT OF THE PROCESS OR TOSECURETHE TRUSTEES AGAINST FUTURE EXTRAITES AND TO ORDAINHIMTO FIND CAUTION FOR SUCH DAMAGES AS MAY ARISE TO THETRUSTEESAND THAT HE MAY BE CENSURED AND TO PRODUCE THEGROUNDS AND
  • 41. WARRANDS OF THE PROCESS THE SAID MR ALEXANDERMACKENZIE WILLWITH GREAT EASE MAKE ANSWER TO WHAT IS CHARGEDUPON HIMAND FIRST HE SAYS THERE WAS AN EXEPTION AS TO THELANDS OFTROTTERNISH EXHIBITED IN THE MANNER MENTIONED IN THEPETITION AND THAT THERE WERE ANSWERS PUTT IN BY THECOMMISSIONERS TO THE SAID EXCEPTIONBUT THEN HE SAYS THAT THERE WAS NO SUCHINTERLOQUITORYSENTENCE AS MENTIONED IN THE PETITION PRONOUNCEDBY THECOURT NOR DID HE DELIVER A COPIE OF SUCH ANINTERLOQUITORTO THOMAS FORDYCE AGENT AND DOER FOR THE TRUSTEESNORDOES HE BELIEVE THAT EDWARD CALLENDER HIS SERVANTDIDDID DELIVER ANY SUCH INTERLOQUITOR OR DECREE IN THETERMS MENTIONED IN THE PETITIONTHAT WHAT ENDEVOURS WERE USED FOR OBTAINING ANEXTRACTWAS A FRUITLESS LABOUR FOR REASONS FORESAIDAFFIRMS THAT ASSINT WHO PRESENTED THE EXEPTION DIDAGAINWITHDRAW HIS EXCEPTION AND QUITT ANY CLAIM HETHEREBYAND THIS APPEARS BY WHAT IS WRITT ON THE BACK OF THEEXCEPTIONHE IS ALTOGETHER UNCONCERNED WHAT MAY BE THECONSEQUENCEOF THE PETITIONERS WANT OF AN EXTRACT OF A SENTENCETHATWAS NEVER GIVENTHAT HE NEITHER HAS ANY SUCH INTERLOQUITOR NOR DOESBELIEVETHAT ANY SUCH EVER WAS PRONOUNCEDTHAT HE WAS WILLING TO PRODUCE AND LAY BEFORE YOURLORDSHIPSAS NOW HE HAS DONE THE PRINCIPAL EXCEPTION WITH THEANSWERDELIVEREDNOR IS HE CONCERNED IN THE REASONING PART OF THEPETITIONWHERE THE PETITIONERS WOULD FORM AN ARGUMENTAGAINST
  • 42. HIM AS IF IT WERE INCREDIBLE THAT ASSINT WOULD MOVE ANOBJECTION AGAINST HIMSELF THOUGH HE BELIEVES THETRUEREASON WAS THAT WHEN ASSINTES PROCURATORS CAMETO LOOK INT THE DEIT OF MAILLS AND DUTIES OBTAINED ATHISINSTANCE AGAINST THE VASSALLS THEY FOUND THAT SIRDONALDSTENNENTS WERE NOT CALLED THEREIN NOR HAD HEOBTAINED HIMSELFINFEFT IN THE SAID LANDS IN THE TERME OF THE ACT FORENCOURAGEINGSUPERIORS ETCAND IT IS SOMEWHAT TOO SUBTILL TO SAY THAT IF ASSINTHAS WITHDRAWNANYTHING TIS SUSPECTED TO BE SIGNED INTERLOQUITORFOR BY THETERM " WITHDRAWN" HERE NOTHING ELSECOULD BE MEANT BUTTHAT ASSINT HAD WAVED OR PASSED FROM HIS EXCEPTIONHE SAYS THAT HE HAD NOT WITHDRAWN THE PROCESS NORANYPART OF THE PROCESS ALL IS STILL EXTANT AND ISHEREWITHPRODUCED.CS 235/11/MISC- 4AS TO WHAT IS ALLEGED THAT THE INTERLOQUITOR WASACTUALLYSIGNED UPON AN AGREEMENT ADDUCED FROM THE ACT OFREGULATION1672 THAT DOES NOT CONCERNE HIM NO DOUBT THECOMMISSIONERSMIGHT HAVE OBTAINED PROTESTATION BUT THEY DO NOTPRETENTTHAT THE SAME WAS SOUGHT AND THEY MIGHT HAVE GOTNOTTICEFROM THE PROCURATORS COMPEARING FOR THEM THAT THEEXCEPTANT DID WAVE HIS CLAIM WITHOUT ANY OPPOSITIONON THEIRSIDENOR IS IT HIS BUSINESS MUCH TO NOTICE WHAT IS ARGUEDFROM THE PRESIDENTES ROLL IT IS SUFFICIENT FOR HISEXONERATION TO SAY THAT NO SUCH INTERLOQUITORWAS SIGNED BY THE PRESEDENT AND THEREFORE HE IS NOTFARTHER CONCERNEDHE SUBMITTS HIMSELF TO ONE EXAMINATION AND TO YOURLORDSHIPS JUDGEMENTS AFTER THE EXAMINATION IS MADEAND HOPES THAT AFTER TRIAL THE PETITION WILL BE FOUND
  • 43. GROUNDLESS ONLY THIS HE MUST OBSERVE THAT SEEINGTHE PETITIONERS PRETEND TO HAVE A COPY OF THEINTERLOQUITOR UNDER EDWARD CALENDERS HAND THESAMEOUGHT TO HAVE BEEN PRODUCED AND TILL IT BE PRODUCEDHE WILL BEG LEAVE TO SAY THAT HE HAS GREAT DIFFERENCETHEREOF.YOUR LORDSHIPS MAY PROCEED TO EXAMINATIONAND TRYALL WHEN YOU PLEASE MR MACKENZIEIS READY TO MAKE ANSWERS BUT IN THE MEANTIME HE EXPECTES THAT YOUR LORDSHIPS WILLORDAIN THE COPIE OF THE INTERLOQUITORMENTIONED IN THE PETITION TO BE EXHIBITED WHICHHE FIRMLY BELEIVES WAS NOT DELIVERED TO THOMASFORDYCE THE AGENTALEXANDER HAY.UPON THE FIRST DAY AUGUST 1M [1000] VIJC [700] ANDNINETEENYEARS I THOMAS GRAME ONE OF THE MACERS BEFORE THERIGHTHONOURABLE THE LORDS OF COUNCIL AND SESION BYVIRTUEOF AND IN OBEDIENCE TO THE SAID LORDS THEIR ACT OFSEDERUNTDATED THE FOURTEENTH OF JULY LAST FOR RECORDINGEXEPTIONSIN A PARLAR REGISTER CONFORM TO THE ACT OFPARLIAMENTQUINTO GEORGII IN THE FIFTH OF GEORGEDID PASS WITH THE WITNESSES AFTERNAMED AND HERETOSUBSCRIBINGTO THE OFFICE WITHIN THE PARLIAMENT CLOSS OF THECOMMISSIONERSOF INQUIRE AND TRUSTEES FOR DISPOSING OF FORFEITEDESTATESAND THEN AND THERE DID INTIMATE TO THE COMMISSIONERSAND TRUSTEESTHAT THE EXCEPTIONS FOR KENNETH MCKENZIE OF ASSINTAND HISCURATORS FOR THE INTEREST EXCIPIENTS WERE UPON THETHIRTYFIRST DAY OF JULY LAST PRESENTED TO THE SAID LORDS OFSESSIONTO THE INTENT THE SAID EXCIPIENTS THEIR RIGHT AND TITLETO THEFOURSCORE MERK LANDS OF TROTTERNESS MIGHT BEASCERTAINED AND
  • 44. DECLARED NOTWITHSTANDING OF THE ATTAINER ORCONVICTION OFSIR DONALD MACDONALD OF SLATE AND LATE EARL OFSEAFORTHAND WITH THE VOUCHERS AND INSTRUCTIONS THEREOF ARELODGEDAND IN THE OFFICE OF MR ALEXANDER MACKENZIE ONE OFTHEPRINCIPAL CLERKS OF SESSION WHERE THE SAME ARE TO BESEENTHIS I DID BY LEAVING WITH AND DELIVERING A FULL DOUBLEOFTHE SAID EXCEPTIONS AN AUTHENTICK COPY HEREOFTHERETOSUBJOINED WITHIN THE SAID OFFICE TO ALEXANDER MONROHOUSEKEEPER IN ABSENCE OF THE SAID COMMISSIONERSAFTERI ENQUIRED IF ANY OF THEM WERE PRESENT AND IN THEOFFICEAT THAT TIME BEFORE AND IN PRESENCE OF ARCHIBALD ANDDUGALD CAMPBELLS BOTH WRITERS IN EDINBURGH ANDFOR THE MORE VERIFICATION HEREOF I THE SAID WITNESSESSUBSCRIBED THESE PRESENTS DAY AND DATE SAID.CS 235/11/MISC- 5COPY INTERLOQUITOR ASSINT AGAINST SIR DONALDMCDONALDLANDS TROTTERNISH 17193 SEPTEMBER 1719THE LORDS HAVING ADVISED THE EXCEPTIONS PRESENTEDBYKENNETH MCKENZIE OF ASSINT AND COLLONEL ALEXANDERMCKENZIE OF CANNASBY HIS CURATOR ACTS OFPARLIAMENTREFERED TO THEREIN ANSWERS FOR THE PUBLIC WITH THEWRITS PRODUCED AND DEBAITETHEY FIND THAT THE EXCEPTANT HATH RIGHT TO THEPROPERTYOF FOURSCORE MARK LAND OF TROTTERNESS LYING WITHINTHE PAROCHIAL DISTRICT AND SHERIFDOM OF -------------------------WHICH WERE HOLDEN OF THE EXIPIENT AS SUPERIOR BY THELATE SIR DONALD MCDONALD WHO WAS ATTAINED OF HIGHTREASON BY AN ACT 1 GEORGII OF THE 1ST OF GEORGEINTITLED AN ACT FOR THE ATTAINER OF GEORGE EARLMARSHALLETCAND FIND THE EXCEPTANT HATH RIGHT TO THE RENTSPROFITS AND
  • 45. ISSUES PAYABLE FOR THE SAID LANDS FROM AND SINCE THE27THOF JUNE 1715 WITH THE BURDEN OF PROPORTION OF THEDEBTS INTHE TERMS OF THE ACT OF PARLIAMENT 5 GEORGII OF THE5THOF GEORGE INTITLED ACT FOR ENLARGING THE TIME TODETERMINECLAIMS ON FORFEIT ESTATES AND THAT THE PUBLIC HATHNORIGHT THERETO AND FIND DECERN AND DECLAREACCORDINGLYSIC SUB SCRIB ITUR THUS IT IS SUBSCRIBED JAMES ERSKINE4TH FEBRUARY 1720LORD PENCAILLANDTHIS IS THE COPY OF THE ALLEGED INTERLOQUITOR STOWHICHALEXANDER MCKENZIE ONE OF THE CLERKS OF SESSION HISOATH OF THIS DATE RELATESJ.HAMILTONCS 235/11/MISC- 6ANSWERS FROM MR ALEXANDER MACKENZIE TO THEPETITIONGIVEN IN BY THE TRUSTEES TO FORFEITED ESTATE 17204 FEBRUARY 1720IN THE PRESENCE OF THE LORD PENCAILLAND COMPEAREDALEXANDERMCKENZIE ONE OF THE CLERKS OF SESSIONAND BEING SOLEMNLY SWORN EXAMINED AND INTERROGATIN TERMSOF THE INTERLOQUITOR OF THIS DATEDISPONES THAT THE DEPONENT DID NEVER WRITE ANYINTERLOQUITORSUSTAINING THE EXEPTION AT THE INSTANCE OF KENNETHMCKENZIEOF ASSINT AND HIS CURATORS AGAINST THE PUBLIC FINDINGTHATTHE EXEPTANT HAD RIGHT TO THE PROPERTY OF THE LANDSOFTROTTERNISH WHICH WERE HOLDEN BY THE LATE SIRDONALDMCDONALD OF THE EXCEPTANT.AND THAT IT DOES NOT CONSIST WITH HIS KNOWLEDGE THATANYSUCH INTERLOQUITOR WAS WRITE BY ANY OTHER OF THECLERKSOF SESSION AS MENTIONED IN THE PETITION AND
  • 46. COMPLAINTOFFERED IN NAME OF THE COMMISSIONERS AND TRUSTEESFORTHE SALE OF FORFEITED ESTATES AN ALLEDGED COPYWHEREOF IS PRESENTLY PRODUCED AND MARKED BY THELORD EXAMINATORAND THAT THE DEPONENT DID NEVER SEE ANY SUCHINTERLOQUITORSIGNED BY THE LORD GRANGE THEN PRESIDENT OF THECOURT OFSESSION WHICH BEARS TO BE DATED THE THIRD DAY OFSEPTEMBERLASTAND THAT THE DEPONENT DOES NOT REMEMBER THAT ANYSUCHINTERLOQUITOR PAST IN THE SAID COURT OF SESSIONAND FURTHER PRODUCED THE PRINCIPAL EXCEPTION WHICHHAS NO SIGNED INTERLOQUITOR UPON IT EXCEPT THAT OFTHELAST OF JULIE ORDERING THE SAME TO BE INTIMATED AT THEENQUIRIE OFFICEAND APON THE BACK OF THE SAID EXEPTION THERE ISWRITENTHE WORD "WITHDRAWN" WITH THE DEPONENTSOWN HANDAND THAT IT WAS NOT ORDINARY IN OTHER CASES TO SIGNTHAT WORD "WITHDRAWN" WHEN THERE WAS NOMOREUPON ITHE ALSO PRODUCES THE EXECUTION OF THE SAIDEXCEPTION WITHTWO ANSWERS GIVEN IN BY PUBLIC TO THE EXCEPTIONALEXANDER MACKENZIEJ.HAMILTONPRESENTED BY MCKENZIE OF ASSINT AND HIS CURATORSONE DATEDTENTH OF AUGUST AND THE OTHER THE THIRD SEPTEMBERLASTWHICH ARE THE ONLY ANSWERS GIVEN IN BY THECOMMISSIONERSTO THE HAILL EXCEPTIONS PRESENTED BY ASSINTAND DEPONES HE HAS NO OTHER GROUNDS OR WARRADSIN RELATION TO THE SAID INTERLOQUITOR NOR DOESHE REMEMBER THAT THERE WERE ANY WRITES PRODUCEDRELATING TO THE LANDS MENTIONED IN THE SAIDEXCEPTIONEXCEPT SUCH AS WERE PRODUCED BY THE EXCEPTANTS
  • 47. AND TAKEN UP BY THEM OR THEIR DOERSAND THIS IS THE TRUTH AS HE SHALL ANSWER TO GODALEXANDER MACKENZIEJ.HAMILTONCS 235/11/MISC- 723 FEBRUARY 1720EDWARD CALLENDER SERVITOR TO MR ALEXANDERMCKENZIEONE OF THE CLERKS OF SESSION AND BEING SOLEMNLYSWORNEXAMINED AND INTEROGATED IN THE TERMS OF THEINTERLOQUITOROF THE 4 TH FEBRUARY INSTANTDEPONES THAT HE DID NOT DELIVER TO MR FORDYCE OR TOANYOTHER DOER FOR THE COMMISSIONERS OR TRUSTEES FORFORFEITTEDESTATES THE COPY OF THE INTERLOQUITOR MENTIONED INTHE SAIDTRUSTEES THEIR PETITION DATED TWENTY FIRST JANUARYLASTFINDING THAT KENNETH MCKENZIE OF ASSINT ANDCOLLONELMCKENZIE HIS CURATOR HAD RIGHT AS SUPERIORS TO THEPROPERTYOF THE LANDS OF TROTTERNISH WHICH HELD OF HIM BY THELATESIR DONALD MCDONALDIN SO FAR AS THE DEPONENT REMEMBERSAND THAT HE KNOWS NOTHING OF THE GIVING OUT DOUBLEOF THESAID INTERLOQUITOR TO THE SAID COMMISSIONERS ORTHEIR DOERSWHICH COPY OF THE SAID INTERLOQUITOR AS MENTIONED INTHESAID PETITION IS MARKED BY THE LORD EXAMINATORAND BEING EXAMINED AND INTERROGATED BY THEPROCURATORSOF THE SAID TRUSTEES IF THE PAPER PRESENTLY PRODUCEDBYTHEM AND MARKED BY THE ORDINARY WHICH CONTAINS ANINTERLOQUITOR IN FAVOUR OF KENNTH MCKENZIE INRELATIONTO THE PROPERTY OF THE LANDS AND ESTATE OFAPPLECROSSWHICH HE CLAIMED AS SUPERIOR OF THE SAID LANDSEDWARD CALLENDER
  • 48. J.HAMILTONAND TO WHICH IS ADJECTED A MEMORIAL IN THESE TERMSVIZ..THE LIKE INTERLOQUITOR IS APON THE OTHER EXCEPTIONSAGAINSTTHE VASSALS MUTATIS MUTANDIS NECESSARY CHANGESBEINGMADE EXCEPT THESE AGAINST WHOM THECONDISCENDANCEWAS GIVEN AND WHEREON THEY ARE ALLOWED ADILLIGENCE TOPROVE THAT THE LANDS HOLD OF ASSINTIF THE SAID PAPERS MARKED AS SAID IS WAS THE HANDWRITING OF THEDEPONENT AND DELIVERED BY HIM TO THE SAID THOMASAND DEPONES THAT HE DID DELIVERED THE SAID PAPER TOTHE BESTOF THE DEPONENTS MEMORYTO THE SAID THOMAS FORDYCEORHIS SERVANT AS DOERS FOR THE SAID COMISSIONERSAND DEPONES THAT HE DID NEVER DELIVER ANY OTHERCOPY OFAN INTERLOQUITOR IN RELATION TO ASSINT RIGHT OFPROPERTYTO THE LATE SIR DONALD MCDONALD LANDS TROTTERNISHOR THE OTHER VASSALS OF THE LATE EARL OF SEAFORTHEXCEPT WHAT IS ABOVE DEPONED ON TO THE BEST OF THEDEPONENTS MEMOREAND BEIND INTERROGATED IF THE DATES WRITEN ON THEMARGINSOF THE SAID PAPER BE THE TRUE DATES DEPONES HE DOESNOTKNOW BUT IS WILLING TO PRODUCE THE PRINCIPALWARANDSTHEMSELVESAND THAT ORDINARLY THE COMMISSIONERS DOERS GETCOPIESOF THE INTERLOQUITORS BEFORE THE SAME WERE SIGNEDBY THE LORD PRESIDENTAND THIS IS THE TRUTH AS HE SHALL ANSWER TO GODEDWARD CALLENDERJ.HAMILTONMR CARDEN PROCURATOR OR FOR THE SAID TRUSTEESDECLAIREDTHAT HE HAS CONCLUDED HIS PROBATION BY THE ABOVEOATHSTHE LORD ORDINARY IS TO REPORT THE SAME TO THE LORD
  • 49. WITHHIS FIRST CONVENIENCE AND ALLOWS TH SAIDPROCURATORSIN THE MEAN TIME TO SEE THE INTERLOQUITOR AS TO THEPROPERTY OF APPLECROSS TO THE END THEY MAY KNOWTHE DATETHEREOFJ.HAMILTONCS235/11/MISC-1EXCEPTIONS FOR KENNETH MACKENZIE OF ASSINT AND HISCURRATORSANENT THE LANDS OF TROTTERNISH BELONGING TO THEDECEASEDSIR DONALD MACDONALD WITHDRAWN 1719 MCKENZIECLERKT.G. THOM.GRAEMAD & DC SIGNEDEXCEPTIONS FOR KENNETH MACKENZIE OF ASSINT ANDCOLLONELALEXANDER MACKENZIE OF CONANSBAY HIS CURATOR FORHISINTEREST AGAINST THE POSSESSION TAKEN OR TO BE TAKENOF THE FOURSCORE MERK LAND TROTTERNISH SURVEYEDBY ORDER OF THE COMMISSIONERS AND TRUSTEESAPPOINTEDFOR FORFEITED ESTATESHUMBLY PRESENTED IN PURSUANCE OF THE ACT QUINTOGEORGII INTHE FIFTH YEAR OF GEORGE ENTITLED ACT FOR ENLARGEINGTHE TIME TO DETERMINE CLAIMS ON THE FORFEITEDESTATESTO THE RIGHT HONOURABLE THE LORDS OF COUNCIL ANDSESSIONTO THE INTENT HIS RIGHT AND TITLE TO THE SAIDFOURSCOREMERK LANDS TROTTERNISH HOLDEN BY SIR DONALDMCDONALDLATE OF SLATE OF THE SAID EXCIPIENT AS SUPERIORTHEREOFMAY IN THE TERMS OF TH ACT OF THE FIRST OF THE KINGENTITLEDACT FOR ENCOURAGEING ALL SUPERIORS VASSALS ETC BEASCERTAINEDBY THE FORESAID ACT OF THE FIRST OF THE KING ENTITLEDACT FORENCOURAGING ALL SUPERIOR VASSALLS LANDLORDS ANDTENNANTS
  • 50. IN SCOTLAND IT IS AMONGS OTHER THINGS ENACTED THAT IFANY SUBJECTOF GREAT BRITAIN HOLDING LANDS OF A SUBJECT SUPERIORIN SCOTLANDHAS BEEN OR SHALL BE GUILTY OF SUCH HIGH TREASON ORTREASONSAS ARE MENTIONED IN THE SAID ACT EVERY SUCH OFFENDERWHOSHALL BE THEREOF DUELY CONVINCED AND ATTAINED SHALLBE LIABLE TO THE PAINS PENALTIES AND FORFEITURES OFHIGHTREASON AND HIS LANDS OR TENEMENTS HELD OF ANYSUBJECTSUPERIOR IN SCOTLAND SHALL RECOGNISE AND RETURNINTOTHE HANDS OF THE SUPERIOR AND THE PROPERTY SHALL BEANDIS HEREBY CONSOLIDATED WITH THE SUPERIORITY IN THESAMEMANNERAS IF THE LANDS OR TENEMENTS HAD BEEN BY THEVASSALRESIGNED INTO THE LANDS OF THE SUPERIOR ADPERPETUAM REMANENTIAMREMAING THERE FOR EVERAND IT IS FURTHER ENACTED THAT IF THE SUPERIORS TOWHOM THE LANDSAND TENEMENTS ABOVE MENTIONED ARE DECLAIRED ANDORDAINEDTO BELONG SHALL SHALL NOT WITHIN SIX MONTHS TO BERECKONED FORMTHE TIME OF THE ATTAINER OF THE OFFENDERSRESPECTIVELY OBTAINTHEMSELVES INFEFT OR DO DILLIGENCE REALLY ANDWITHOUT COLLUSIONFOR ATTAINING POSSESSION IN EVERY SUCH CASE THEFORFEITURESSHALL BELONG TO HIS MAJESTY HIS HEIRS ANDSUCCESSORSBY A SUBSEQUENT ACT OF THE SAME YEAR OF HIS MAJESTYSREIGNENTITLED ACT FOR THE ATTAINDER OF GEORGE EARL OFMARISHALWILLIAM EARL OF SEAFORTH AND OTHERS OF HIGH TREASONUNLESS THEY SHALL SURRENDER THEMSELVES TO JUSTICEBY A DAYCERTAIN HEREIN MENTIONEDIT IS ENACTED
  • 51. THAT IF THE ABOVE PERSONS AND OTHERS THEREIN NAMEDAMONGWHOM IS THE SAID SIR DONALD MCDONALD OF SLATESHOULDNOT RENDER THEMSELVES TO ONE OF HIS MAJESTYSJUSTICEOF THE PEACE ON OR BEFORE THE LAST DAY OF JUNE 1716THEN EVERY OF THEM NOT RENDERING HIMSELF ASAFORESAIDSHOULD FROM AND AFTER THE 13 OF NOVEMBER 1715STANDAND BE ADJUDGED ATTAINED OF THE SAID HIGH TREASON TOALL INTENTS AND PURPOSES WHATSOEVER AND SHOULDSUFFERAND FORFEIT AS A PERSON ATTAINED OF HIGH TREASON BYTHE LAWSOF THE LAND OUGHT TO SUFFER AND FORFEITCS235/11/MISC- 2THE ESTATE OF SEAFORTH WAS AFFECTED WITH MANY ANDVARIOUSAPPRISEINGS ALL LED BEFORE THE YEAR 1650 FOR SUMSFAREXCEEDING THE VALUE OF THE ESTATE AND WHEREOF THELEGALWAS EXPIRED AND WHICH WERE PURCHASED BY SIR GEORGEMACKENZIEOF TARBET AFTERWARDS EARL OF CROMARTY AND CERTAINOTHERPERSONS WHO UPON THE RIGHTS ACQUIRED BY THEM DIDEXPEDEINFEFTEMENTS IN THEIR OWN PERSON AS WILL APPEAR BYTHE CHARTERUNDER THE GREAT SEAL DATED 30TH SEPTEMBER 1678WHICH IS APONPUBLICK RECORD AND THEIR INFEFTMENT FOLLOWINGTHEREAPONIS DATED THE 15 OF NOVEMBER 1680 AND PRODUCED WITHTHEVOUCHERS OF MY EXCEPTIONS FOR ASCERTAINING MY RIGHTAND TITLE TO THE ESTATE OF SEAFORTHTHE SAID GEORGE MACKENZIE AND OTHER PERSONSDENUDEDTHEMSELVES OF THE SAID LANDS AND ESTATE IN FAVOUR OFKENNETH MACKENZIE BROTHER TO SIR GEORGE MCKENZIEOF ROSEHAUGH IN THE YEAR 1680AND THE SAID KENNETH MCKENZIE DISPONED THE SAME INFAVOUR OF ISOBELL COUNTESS OF SEAFORTH IN THE YEAR
  • 52. 1681 WHO IN VIRTUE OF HER RIGHT POSSESSED THE SAIDESTATEAND PERTINENTS THEREOF UNTIL THE MONTH OF FEBRUARY1715UPON THE DEMISE OF THE SAID ISOBELL COUNTESS OFSEAFORTHTHE RIGHT OF THE SAID ESTATE DEVOLVED UPON THEEXCIPIENTAS HEIR NEAREST PROTESTANT HEIR WILLIAM LATE EARL OFSEAFORTH THOUGH A NEARER HEIR BY BLOOD THAN THEEXIPIENTBEING EXCLUDED BY THE ACT 23RD NOVEMBER 1700ENTITLED ACTFOR PREVENTING THE GROWTH OF POVERTYTHE FOURSCORE MERK LAND TROTTERNESS LYING WITHINTHEPAROCHIAL OF SNIZORT SKYE AND SHERIFDOM OFINVERNESSAND WHICH BELONGED TO THE SAID SIR DONALDMCDONALDLATE OF SLATE NOW ATTAINED BY THE FORECITED ACT AREPART ANDPORTION OF THE FORESAID ESTATE OF SEAFORTH ANDWERE HOLDENBY THE SAID SIR DONALD MCDONALD OR HISPREDECESSORS OF-----EARL OF SEAFORTH AND THE RIGHT OF THE SUPERIORITY OFTHESAID LANDS IS NOW IN THE PERSON OF THE EXCIPIENT BY HISTITLEABOVE DEDUCEDTHE SAID EXCIPIENT AS HAVING THUS RIGHT TO THE SAIDFOURSCORE MERKLANDS OF TROTTERNESS LYING AS SAID IS DIDINPURSUANCE OF THE FORESAID ACT OF PARLIAMENT PRIMOGEORGII IN THE FIRST YEAR OF GEORGE ENTITLED ACT FORENCOURAGEING SUPERIORS VASSALS ETC DO DILIGENCEREALLY AND WITHOUT COLLUSION FOR ATTAINING THEPOSSSESSIONOF THE SAID LANDSTHEREFOR THE SAID EXCIPIENT AND HIS SAID CURATOR ASHAVINGRIGHT AND TITLE TO THE SAID FOURSCORE MERK LAND INMANNERAFORESAID AND BY VIRTUE OF THE ABOVE RECITED ACT OFTHE
  • 53. FIRST OF HIS MAJESTYS REIGN ENTITLED ACT FORENCOURAGINGSUPERIORS VASSALS ETC DOES PRESENT THE ABOVEEXCEPTIONS HUMBLYPRAYING THAT HIS RIGHT MAY BE DECLAIRED ANDASCERTAINEDTO THE SAID FOURSCORE MERK LAND WITH PARTS ANDPERTINENTSTHEREOF AND THAT THE RENTS PROFITS AND ISSUESTHERETOBELONGING AND PRESENTLY PAY OR THAT MAY BE PAYABLEBYTHE TENENTS TACKSMEN OR POSSESSERS THEREOF SINCETHETERM PRECEEDING THE SAID ATTAINER AND IN ALL TIMECOMEINGMAY BE DECLARED TO PERTAIN AND BELONG TO THEEXCIPIENTAND THAT THE COMMISSIONERS AND TRUSTEES APPOINTEDFORFORFEITED ESTATES MAY BE DISCHARGED FROMDISQUIETINGAND MOLESTING THE EXCIPIENT IN THE PEACEABLEPOSSESSIONTHEREOFSAVEING AND RESERVING TO THE SAID EXCIPIENT ALL ANDSUNDRYHIS FURTHER ALLEGATIONS ANSWERS AND REPLIES WHICHHEMAY HAVE OR SHALL HEREAFTER MAKE USE OF IN ORDER TOTHEFURTHER CLEARING AND MAKING GOOD HIS RIGHT IF NEEDBEKENNETH MACKENZIEALEX MACKENZIEEXAMINED 31 JULY 1719THE LORDS HAVING HEARD THE WITHIN EXCEPTIONS ORDAINTHE SAME TO BE INTIMATE TO THE COMMISSIONERS OFENQUIRYAT THEIR OFFICE AND RECORDED IN THE PARLAR REGISTERAPPOINTEDFOR THAT EFFECT CONFORM TO THE ACT OF SEDERUNTW.ERCHNIES J.P.L.RD/14/118/765. 24TH JUNE 1778 CONTRACT MATRIMONIAL.BETWEEN ALEXANDER MACKENZIE OF ARDLOCH AND MISSMARGARET SUTHERLAND 1732.EDITED 24 JUNE 1778 PRESENTED BY RODERICK MCLEOD
  • 54. WRITEN IN EDINBURGH.REGISTERED BY DAVID RAE AND JAMES BOSWELL.152 BOOKED.AT LANGWELL THE SIXTEENTH DAY OF SEPTEMBER 1732. IT ISAPPOINTED CONTRACTEDFINALLY ANDMATRIMONALLY AGREED AND ENDED BETWEEN THE PARTIESFOLLOWING VIZ. ALEXANDERMACKENZIEYOUNGER OF ARDLOCH TO THE SPECIAL ADVICE ANDCONSENT OF THE RIGHT HONOURABLEWILLIAMLORD STRATHNAVER AND THE SAID LORD STRATHNAVERTAKING APON HIM FULL BURDENFOR THE SAIDALEXANDER MACKENZIE OF ARDLOCH ON THE ONE PART ANDMARGARET SUTHERLANDLAWFULL DAUGHTERTO THE DEWAFT CAPTAIN ROBERT SUTHERLAND OFLANGWELL WITH THE SPECIAL ADVICEAND CONCENT OFWILLIAM SINCLAIR OF ------WICK AND THE SAID WILLIAMSINCLAIR OF -------WICK TAKING APONHIMBURDEN FOR THE SAID MARGARET SUTHERLAND ON THEOTHER PART IN MANNERFOLLOWING THAT IS TO SAYTHE SAID ALEXANDER MACKENZIE AND MARGARETSUTHERLAND WITH CONSENT BOTH HAVEACCEPTED ANDTAKEN AND BY THEIR PRESENTS ACCEPT AND TAKE EACH FORTHEIR LAWFULL PROMISEDSPOUSES ANDFAITHFULY JOINED AND OBLIGE THEM TO SOLOMENIZE ANDCOMPLETE THE HOLY BOND OFMARRIAGE TOGETHERWITH ALL REQUISITE SOLOMENISES BETWIX AND THE ------ DAYOF OCTOBER NEXT TO COMEIN CONTENPLATIONOF THE WHICH MARRIAGE AND FOR THE LOCKERUNDERWRITEN THE SAID ALEXANDERMACKENZIE OF ARDLOCHAND THE SAID WILLIAM LORD STRATHNAVER AS TAKING APONHIM FULL BURDEN FOR THESAID ALEXANDERMACKENZIE BINDS AND OBLIGES THEM THEIR HEIRS ANDSUCCESSORS TO DULY AND
  • 55. SUFFICIENTLY INFEFTAND SAISE THE SAID MARGARET SUTHERLAND IN LIFERENTDURING ALL THE DAY OF HERLIFETIME AFTER THEDOWERY OF THE SAID ALEXANDER MACKENZIE IN CASE SHESHALL HAPPEN TO SURVIVE HIMIN ALL AND HAILLETHE SUM OF THE FIVE HUNDRED AND TWENTY FIVE MERKSSCOTS MONEY YEARLYUPLIFTABLE BY HER IN THEEVENT FOURTH AT TWO TERMS IN THE YEAR BY EQUALLPROPORTIONS BEGINNING THEFIRST TERMS PAYMENTOF THE SAID ANNUITIES AT THE FIRST TERM OF WHITSUNDAYOR MARTIMAS AFTER THEDOWERY OF THE SAIDALEXANDER MACKENZIE AND SO FORTH TO CONTINUEYEARLY THEREAFTER DURING THESAID LIFETIME ANDTHE SAID ALEXANDER MACKENZIE AND THE SAID RIGHTHONOURABLE WILLIAM LORDSTRATHNAVER AS BURDENTAKEN FOR HIM BINDS AND OBLIGES THEM AND THEIR ABOVEWRITEN TO DELIVER THE SAIDSECURITIES INMANNER ABOVE WRITTEN DULY AND VALIDLY MADE INTOBETWIX AND THE TERM OFWHITSUNDAY NEXT TOCOME THE SAID LORD STRATHNAVER BEING ONLY BOUND ASBURDEN TAKEN FOR THE LIFERENT PROVISION TOTHE SAID MARGARET SUTHERLAND AND GO FURTHER ANDTHE SAID ALEXANDER MACKENZIEHERBY DECLARESTHAT THE LIFERENT PROVISION ABOVE WRITTEN IS NO WITTSTO JUDGE THE SAID MARGARETSUTHERLANDON HER RIGHT TO HER SHARE OF MOOVEABLES ANDCONCUR AS THE LAW DIRECTS THESAME BEING REFEREDENTIRE TO HER FURTHER THE SAID ALEXANDER MACKENZIEBINDS AND OBLIGES HIM HISHEIRS AND SUCCESSORSDULY AND SUFFICIENTLY TO PROVIDE AND SECURE THEHEIRS MALE TO BE PROCREATE OFTHE MARRIAGEIN THE SAME OF TWELVE THOUSAND POUNDS SCOTS MONEY
  • 56. PAYABLE AT THE FIRST TERMOF WHITSUNDAYOR MARTIMAS AFTER THE SAID ALEXANDER MACKENZIE HISDEATH AND TO DELIVER THE SAIDSECURITYSO PROVIDED BETWIX AND THE FORM OF WHITSUNDAY ALSONEXT TO COME BUT IN ALLTHESAID MARGARETSUTHERLAND SHALL DIE BEFORE THE SAID ALEXANDERMACKENZIE AND THAT THE SAIDALEXANDERMACKENZIE SHALL MARRY AGAIN THEN AND IN THAT CASE HEBINDS AND OBLIGES HIM HISHEIRS ANDSUCCESSORS TO PAY YEARLY TO THE SAID HEIR MALE ORSON THE SUMS OF THREEHUNDRED MERKSSCOTS MONEY BEGINNING THE FIRST TERMS PAYMENT OFTHE SAID SUMS AT THE FIRSTTERM OF WHITSUNDAYOR MARTIMAS AFTER THE DEATH OF THE SAID MARGARETSUTHERLAND AND ALEXANDERMACKENZIEAND IN CASE THERE SHOULD BE ANY HEIRS MALEPROCREATED OF THE MARRIAGE ANDTHERE SHOULD BEBUT ONE DAUGHTER THEN AND IN THAT CASE THE SAIDALEXANDER MACKENZIE BINDS ANDOBLIGES HIM ANDHIS FOR FIRST TO PAY TO THE SAID DAUGHTER OR HEIRFEMALE THE SUM OF SEVENTHOUSANT MERKSSCOTS MONEY AND IN THE CASE OF TWO THREE OR MOREDAUGHTERS THE SUM OF NINETHOUSANTMERKS MONEY FOR AND BETWIX THEM TO BE DIVIDED BY THEFATHER AS HE SHALL THINK FITANYTIMEIN HIS LIFETIME BUT IN CASE OF NO SUCH DIVISION THE SAMESHALL BE MADE AT THE SIGHTOF TWONEAREST OF KIN ON THE FURTHER FIVE AND TWO OF THENEAREST OF KIN ON THE MOTHERFIVEAND IN CASE THERE BE NO HEIR MALE PROCREATED OF THEMARRIAGE AND THAT THERE BEONE
  • 57. TWO OR MORE DAUGHTERS OF THE DISOLUTION OF THE SAIDMARRIAGE BY THE DEATH OFTHESAID MARGARET SUTHERLAND THEN AND IN THE EVENT THESAID ALEXANDER MACKENZIEBINDS ANDOBLIGES HIM AND HIS FOR SAIDS TO PAY THE ANNUAL RENTOF THE FORTH PROVISIONS TOHIS SAIDDAUGHTERS BEGINNING THE FIRST TERMS PAYMENTTHEREOF AT THE TERM OFWHITSUNDAY OR MARTIMASAFTER THE DEATH OF THE SAID MARGARET SUTHERLAND ORTHE SAID ALEXANDERMACKENZIE OR ANY OFTHEM AT FIRST SHALL HAPPEN AND THE SAID PRINCIPAL SUMTO BE PAID AT THEIRRESPECTIVE MARRIAGEOR MAJORITY EITHER THAT SHALL FIRST HAPPEN FOR THEWHICH COMES AND ON THEOTHER PARTTHE SAID WILLIAM SINCLAIR OF ------WICK AS BURDEN TAKENFOR THE SAID MARGARETSUTHERLANDAND AS DOWRY TO HER FOR THE SUM UNDERWRITTEN BINDSAND OBLIGES HIM HIS HEIRSANDSUCCESSORS TO CONTEND AND PAY TO THE SAIDALEXANDER MACKENZIE HIS HEIRS ANDEXECUTORSOR ASSIGNEES THE SUM OF THREE THOUSAND FIVEHUNDRED MERKS SCOTS MONEY AND ATTHE TERM OFWHITSUNDAY NEXT TO COME TO THE ONE AND ORDINARYANNUAL RENT OF THE SAIDPRINCIPAL SUMTHE TERM OF WHITSUNDAY LEFT BY PART UNTIL THE SAIDFORM OF PAYMENT AND YEARLYAND FORMELYTHEREAFTER DURING THE NOT PAYMENT THEREOF AND ITSHEREBY DECLARED THAT INCASE THE MARRIAGETHE MARRIAGE SHOULD DISOLVE BY THE DEATH OF EITHEROF THE SAID PARTIES WITHINYEAR AND DAYAFTER THE SAID MARRIAGE THAT THE JOINTURE AND LOCKERHEREBY PROVIDED SHALL
  • 58. TAKE PLACEIN MANNER ABOVE WRITTEN ANY LAW OR PRACTICE TO THECONTRARY NOTWITHSTANDINGRATIFY ITIS AGREED THAT EXECUTION SHALL PASS FOR IMPRESSMENTOF THE SAID CONTRACT AGTTHE SAIDALEXANDER MACKENZIE AND WILLIAM LORD STRATHNAVERAT THE INSTANCE OF JOHNSUTHERLAND OFHOWE JAMES BUDGE OF TACHNAGA JAMES SUTHERLAND OFLANGWELL AND WILLIAMSINCLAIR OF------WICK OR EITHER OF THEM AND BOTH PARTIES BIND ANDOBLIGE THEM THEIR FOR AND TOTHE PERFORMANCE OF THE RESPECTIVE PARTS OF THEPROMISE AS UNDER THE PENALOF EIGHT HUNDRED POUNDS SCOTS MONEY AT TO FORNAMED AND FOR THE MORESECURITIESWE CONCENT TO THE REGISTRATION IN THE BOOKS OFCOUNCIL SESSION OR ANY OTHERJUDGESBOOKS THAT ALL EXECUTION NOWSTANDING MAY PASSHEREON AS AFFAIRS AND TO THATEFFECTWE CONSTITUTE.OUR PROCULATORS IN WITNESS WHEREOF WE HAVESUBSCRIBED THESE PRESENTSWRITTEN ONTHIS AND THE PRECEEDING TWO PAGES OF STAMPED PAPERBY MR WILLIAM SCOBIEMINISTER OF THE GOSPEL AT ASSINT PLACE AND INSERT INTHE FIRST PAGE BY ONE OFTHESEWITNESSES JAMES SINCLAIR OF DUMBEATH KENNETHMACKENZIE BROTHER GERMAN TO THESAID ALEXANDER MACKENZIE OF ARDLOCH KENNETHSUTHERLAND BAYLIE OF DORNOCH ANDMR WILLIAM SCOBIE .SIGNED ALEXANDER MACKENZIE MARGARET SUTHERLANDJAMES SINCLAIR KENNETHMACKENZIEKENNETH SUTHERLAND WILLIAM SCOBIE AND SINCLAIR ANDSTRATHNAVERGD305/1/128/17.IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDED
  • 59. BETWIXT THEPARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE INTHE SERVICEOF THE HONOURABLE EAST INDIA COMPANY ON THE ONEPART AND MISSKATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OFTHE DECEASTCOLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE ANDCONSENTOF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPATHER BROTHERGERMAN ON THE OTHER PART IN MANNER FOLLOWING THATIS TO SAYTHE SAID COLL ROBERT MACKENZIE AND MISS KATHERINESUTHERLANDHAVING CONCURRED A MUTUAL LOVE AND AFFECTION FORONEANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OFEACH OTHERFOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGETHEM TOSOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALLCONCONCIENTSPEED IN CONTEMPLATION OF WHICH MARRIAGE THE SAIDCOLL ROBERTMCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRSEXECUTERSAND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENTS OF HER SURVIVING HIM ANDINDEPENDENTOF THE ADDITION THERETO IN THE EVENT HEREIN AFTERMENTIONEDALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDREDPOUNDSSTERLING AND THAT AT TWO TERMS IN THE YEARWHITSUNDAYAND MARTINMAS BY EQUALL PORTIONS BEGINNING THEFIRST TERMSPAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ONMARTINMAS AFTERHIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ONHALF YEARLYDURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PARTMOREOF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASEOF HAILLE
  • 60. AND THE DUE AND ORDINARY ANNUAL RENT THEREOFTHEREAFTERDURING THE NOT PAYMENT AND FURTHER THE SAIDCOLL.ROBERTBINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OFONECHILD MALE OR FEMALE BEING PROCREATED OF THISMARRIAGE BETWIXTHIM AND THE SAID MISS KATHERINE SUTHERLAND TOCONTENDAND PAY TO SUCH CHILD THE SUM OF THREE THOUSANTPOUNDSSTERLING TWO CHILDREN MALE OR FEMALE THE SUM OFTWO THOUSANTPOUNDS STERLING EACH AND IF THREE OR MORE CHILDRENTHE SUMOF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TORECEIVE OF THAT SUM OF THREE THOUSAND POUNDSSTERLING ANDTHE REMAINING THREE THOUSAND POUNDS STERLING TO BEDIVIDED AMONGST THE YOUNGER CHILDREN IN SUCHPROPORTIONSAS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAYTHINKPROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT ANDAGAINSTTHE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HISDECEASEWITH A FIFTH PART MORE OF EACH CHILD PROVISION OFLIQUIDATEPENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARYANNUALRENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUTDECLARINGTHAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIESPREDECEASINGTHE SAID MISS KATHERINE SUTHERLAND AND THAT THEDISSOLUTIONTHE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERESHOULDBE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIMETHEMTHAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HERIN ANDSHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBYEMPOWEREDTO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIX
  • 61. THOUSANTPOUNDS STERLING PROVIDED TO THE CHILDREN OF THEMARRIAGEIN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT INTHE EVENTOF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIEBEFORE THESAID MISS KATHERINE SUTHERLAND AND THAT THERESHOULDBE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING ATTHE TIME ANDTHAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FORANSWERING THESEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONEDAND PAYINGTHE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TOTHE SAIDKATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALLIN THEMEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILLTHE DECEASEDOF THE SAID MISS KATHERINE SUTHERLAND AND THAT INEVERY EVENTTHE SUM OF FOUR THOUSAND POUNDS STERLING SHALLREMAIN CLEARAND UNTOUCHED FOR ANSWERING THE SAID ANNUITYDURING ALLTHE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITYOF THE SAIDMISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAIDEVENTUALLANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OFTHE MARRIAGEBEFORE MENTION THE SAID COLL. ROBERT MCKINZIEASSIGNS ANDCONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITYAFTERMENTIONED WITH THE SECURITIES THEREFORE AS WILLCOMPLETELYSATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVENTHOUSANTEIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME INTHEEIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIESBY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OFMAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREEAND THE LAST DATED THE FIRST DAY OF NOVEMBER ONE
  • 62. THOUSANTEIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNTCURRENTBETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HISAGENTSAT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUMOF TWENTYTHOUSANT DIVA RUPEES VESTED BY HIM IN THE SAIDGOVERNMENTSECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIALLOANOBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONETHOUSANDSEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TOTHE AMOUNTOF EIGHT THOUSANT ONE HUNDRED AND FORTY ONEPOUNDS VESTEDBY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OFGREATBRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMASCOUTTSAND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNTCURRENTWITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAYLASTAND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THISDATE ASRELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THESUMOF SIX HUNDRED POUNDS STERLING VESTED IN THE SAIDFUNDSSINCE THAT PERIOD WITH POWER TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENT OF HER SURVIVING THE SAIDAFFIDATESPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THESAIDYEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANTTHEREFOREAND GENERALLY EVERY OTHERTHING THEREANENT TO DOTHATHE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IFSHESHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERTMCKINZIEBINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVESTTHE SAID
  • 63. SUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISHFUNDSIN HER NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAYOUT THE SAME OR HERITABLE SECURITY AND TO TAKE THESECURITYTHEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THEDAYSOF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGEIN THEEVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR INPARTAS CIRCUMSTANCES MAY BE THEIR SAID PROVISIONDECLARING ALSOTHAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGESHALL DURINGTHE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATEDSUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HISDECEASEPREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITYTHAT THEIRSAID MOTHER SHALL BE THEIR TUTORS AND CURATORS ANDSHALLUPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THEMONEYSBEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THEAGE OFFIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY ATMARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION ANDMAINTAINANCEAND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THEEVENTOF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIMASSIGNSCONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEESAS HEROWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLDFURNITUREAND PLENISHING OF EVERY DENOMINATION BED AND TABLELINEN------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERYARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHINGTHATSHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNIONBETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSINGWITH THE GENERALITY HEREOF AND ADMITTING THE SAME TOBE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERYARTICLE
  • 64. THEN BELONGING TO HIM WERE HEREIN PARTICULARYINSERTEDMOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBYRENOUNCESAND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORSANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OROTHERWAYSTO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGINGTO THESAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAYHEREAFTERHAVE RIGHT ANY MANNER OF WAY AND PARTICULARYWITHOUTPREDUDICE TO THE GENERALITY FORESAID TO A BOND FORFIVEHUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWENBAILLIEOF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OFPROVISIONMADE IN HER FAVOUR BY HEIRS AND DECEASED FATHERDECLARINGTHE SAME HER OWN PROPERTY AND AS HER DISPOSAL INANYMANNER SHE MAY THINK PROPER WITHOUT HIS CONCENTARE APPROBATION AND FURTHER THE SAID COLL.ROBERTMCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIMHIS HEIRSAND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEESWHOMSOEVERUNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEUDUTY PAYABLEOUT THEREOF HERITABLE AND IRREDEEMABLE ALL ANDHAILLE THATHOUSE LYING IN THE VILLAGE OF NEW TARBET CALLEDMILMOUNTCALLED MILLMOUNT WICH THE GARDEN BACK CLOSEAND WHOLE PARTS PENDICLES AND PERTINENTS THERETOBELONGINGBOUNDED ON THE WEST BY THE HIGH ROAD LEADINGTHROUGHMILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THESAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HISRIGHTS ANDINFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIRAND COUNTY
  • 65. OF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHTOF PROPERTYAND POSSESSION WHICH HE CAN CLAIM OR PRETENDTHERETO ANY MANNEROF WAY IN WHICH HOUSE WITH THE GARDEN ANDPERTINENTS BEFOREMENTIONED THE SAID COLL.ROBERT MCKINZIE BIND ANDOBLIGES HIM HISHEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HERITABLE ANDIRREDEEMABLEAND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THEONEWITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THESAIDINFEFTMENT BY RESIGNATION HEREBY MAKES ANDCONSTITUTESAND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED----AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVINGGRANTINGAND COMMITTING TO THEM FULL POWER WARRANT ANDCOMMISSIONFOR HIM AND IN HIS NAME TO COMPEAR HEREFORHIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTSOR THEIR COMMISSIONERS HAVING POWER TO RECEIVERESIGNATIONSAND TO GRANT NEW INFEFTEMENTS THEREON AND THATUPONTHE GROUND THEREOF AT ANY TIME LAWFULL ANDCONVENIENTAND THEM AND THERE WITH ALL DUE REVERENCE ANDHUMILITYAS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON ASUSEIS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL.ROBERT MCKINZIEHEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVERGIVESAND DELIVERS ALL AND HAILLE THE HOUSE GARDEN ANDPERTINENTSCALLED MILLMOUNT LYING IN THE SAID VILLAGE OFMILMOUNT OF NEWTARBET PARISH OF KILMUIR AND COUNTY OF ROSSAFORESAID ASDESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSA
  • 66. OR ASTHE SAME ARE MORE PARTICULARY BOUNDED ANDDESCRIBED IN HISRIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HISIMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR ANDFORNEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN ANDGRANTEDTO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSEIN SUCH DUE AND COMPETENT FORM AS OFFERS ALLINSTRUMENTSAND DOCUMENTS THEREAPON TO TAKE AND GENERALLYEVERYOTHERTHING THEREANNENT TO DO WHICH HE COULD DOHIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBYPROMISESTO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICHDISPOSITIONAND SUBJECTS THEREBY CONVEYED THE SAID COLL.ROBERT MCKINZIEBINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TOWARRANT TOTHE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSE ANDHER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY ASLAWWILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISSKATHERINESUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS ANDASSIGNEESNOT ONLY IN AND TO THE RENTS MAILLS AND DUTIESTHEREOF IN TIMECOMING BUT ALSO IN AND TO THE TITLES WRITS ANDEVIDENTS THEREOFCONCEIVED INFAVOUR OF HIM HIS PREDECESSORS ORAUTHORS AND WHICHASSIGNATION ABOVE WRITEN HE HEREBY BINDS ANDOBLIGES HIMAND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FARAS CONCERNSTHE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALLDEADLY AS LAWWILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS ANDDUTIES FROMHIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT ISHEREBY AGREED
  • 67. UPON BETWIX THE PARTIES THAT EXECUTION SHALL PASSHEREON AT THEINSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLESUTHERLANDROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENTAND COLL.ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE ORMORE OF THEMOR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIEFORIMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAIDMISS KATHERINESUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THEPROVISIONAND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIRFAVOUR ANDDECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE-------YEARS AND DAY FROM THE SOLEMNIZATION THEREOFWITHOUT ALIVING CHILD BEING HEARD BUT YET THIS PRESENTCONTRACT SHALLSUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THESAIDMISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TOTHECONTRARY NOTWITHSTANDING AND THEY CONSENT TO THERESIGNATION HEREOF IN THE BOOKS OF COUNCIL ANDSESSIONOTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATIONAND IF NEED BE THAT ALL EXECUTION NECESSARY MAYPASS AND BE DIRECT HEREIN AS OFFERS AND THERETOTHEY CONSTITUTE THEIR PROCULATORS ANDCOMMISSIONERSALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLANDMAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN ANDPERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBYDESIRES ANDREQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HISBAILLIESIN THAT PART HEREBY SPEEDILY CONSTITUTE THESEPRESENTS-------- PASS TO THE SAID SUBJECTS AND THERE GIVE ANDDELIVERTO THE SAID MISS KATHERINE SUTHERLAND HERITABLESTATEAND SASINE REAL AND ACTUALL AND CORPOREAL
  • 68. POSSESSIONOF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTSBEFOREDESCRIBED OR AS THE SAME ARE MORE PARTICULARYDESCRIBEDIN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELDAS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THESAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OFKILMUIRAND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLESANDPERTINENTS THERETO BELONGING AND THAT BY DELIVERINGTO THE SAID MISS KATHERINE SUTHERLAND OR HERATTORNEYOR ATTORNEYS WHOM NAME BEARER HEREOF------------------------------------------------------------------------------------------------------SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDERTHEBURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THISINNOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL.ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOUCONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THISHISPRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECTIN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBEDTHESEPRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOFWROTEUPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULYSTAMPEDWORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OFROSSBRAILANGWELL THE FIFETEENTH DAY OF AUGUST 1801YEARSBEFORE THESE WITNESSES THE SAID COLL.ALEXANDERBAILLIE OFKNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THESAIDTHOMAS SUTER WRITER HEREOF.ROBERT MCKINZIEKATHARINE SUTHERLANDGEORGE SACKVILLE SUTHERLANDALEXANDER BAILLIE WITNESSALEXANDER BAILLIE HIS SON WITNESSTHOMAS SUTER WITNESSRD/14/118/765. 24TH JUNE 1778 CONTRACT MATRIMONIAL.
  • 69. BETWEEN ALEXANDER MACKENZIE OF ARDLOCH AND MISSMARGARET SUTHERLAND 1732.EDITED 24 JUNE 1778 PRESENTED BY RODERICK MCLEODWRITEN IN EDINBURGH.REGISTERED BY DAVID RAE AND JAMES BOSWELL.152 BOOKED.AT LANGWELL THE SIXTEENTH DAY OF SEPTEMBER 1732. IT ISAPPOINTED CONTRACTED FINALLYANDMATRIMONALLY AGREED AND ENDED BETWEEN THE PARTIESFOLLOWING VIZ. ALEXANDERMACKENZIEYOUNGER OF ARDLOCH TO THE SPECIAL ADVICE ANDCONSENT OF THE RIGHT HONOURABLEWILLIAMLORD STRATHNAVER AND THE SAID LORD STRATHNAVERTAKING APON HIM FULL BURDEN FORTHE SAIDALEXANDER MACKENZIE OF ARDLOCH ON THE ONE PART ANDMARGARET SUTHERLANDLAWFULL DAUGHTERTO THE DEWAFT CAPTAIN ROBERT SUTHERLAND OFLANGWELL WITH THE SPECIAL ADVICE ANDCONCENT OFWILLIAM SINCLAIR OF ------WICK AND THE SAID WILLIAMSINCLAIR OF -------WICK TAKING APONHIMBURDEN FOR THE SAID MARGARET SUTHERLAND ON THEOTHER PART IN MANNER FOLLOWINGTHAT IS TO SAYTHE SAID ALEXANDER MACKENZIE AND MARGARETSUTHERLAND WITH CONSENT BOTH HAVEACCEPTED ANDTAKEN AND BY THEIR PRESENTS ACCEPT AND TAKE EACH FORTHEIR LAWFULL PROMISEDSPOUSES ANDFAITHFULY JOINED AND OBLIGE THEM TO SOLOMENIZE ANDCOMPLETE THE HOLY BOND OFMARRIAGE TOGETHERWITH ALL REQUISITE SOLOMENISES BETWIX AND THE ------ DAYOF OCTOBER NEXT TO COME INCONTENPLATIONOF THE WHICH MARRIAGE AND FOR THE LOCKERUNDERWRITEN THE SAID ALEXANDERMACKENZIE OF ARDLOCHAND THE SAID WILLIAM LORD STRATHNAVER AS TAKING APONHIM FULL BURDEN FOR THE SAID
  • 70. ALEXANDERMACKENZIE BINDS AND OBLIGES THEM THEIR HEIRS ANDSUCCESSORS TO DULY ANDSUFFICIENTLY INFEFTAND SAISE THE SAID MARGARET SUTHERLAND IN LIFERENTDURING ALL THE DAY OF HERLIFETIME AFTER THEDOWERY OF THE SAID ALEXANDER MACKENZIE IN CASE SHESHALL HAPPEN TO SURVIVE HIM INALL AND HAILLETHE SUM OF THE FIVE HUNDRED AND TWENTY FIVE MERKSSCOTS MONEY YEARLY UPLIFTABLEBY HER IN THEEVENT FOURTH AT TWO TERMS IN THE YEAR BY EQUALLPROPORTIONS BEGINNING THE FIRSTTERMS PAYMENTOF THE SAID ANNUITIES AT THE FIRST TERM OF WHITSUNDAYOR MARTIMAS AFTER THE DOWERYOF THE SAIDALEXANDER MACKENZIE AND SO FORTH TO CONTINUEYEARLY THEREAFTER DURING THE SAIDLIFETIME ANDTHE SAID ALEXANDER MACKENZIE AND THE SAID RIGHTHONOURABLE WILLIAM LORDSTRATHNAVER AS BURDENTAKEN FOR HIM BINDS AND OBLIGES THEM AND THEIR ABOVEWRITEN TO DELIVER THE SAIDSECURITIES INMANNER ABOVE WRITTEN DULY AND VALIDLY MADE INTOBETWIX AND THE TERM OFWHITSUNDAY NEXT TOCOME THE SAID LORD STRATHNAVER BEING ONLY BOUND ASBURDEN TAKEN FOR THE LIFE RENTPROVISION TOTHE SAID MARGARET SUTHERLAND AND GO FURTHER ANDTHE SAID ALEXANDER MACKENZIEHERBY DECLARESTHAT THE LIFERENT PROVISION ABOVE WRITTEN IS NO WITTSTO JUDGE THE SAID MARGARETSUTHERLANDON HER RIGHT TO HER SHARE OF MOOVEABLES ANDCONCUR AS THE LAW DIRECTS THE SAMEBEING REFEREDENTIRE TO HER FURTHER THE SAID ALEXANDER MACKENZIEBINDS AND OBLIGES HIM HIS HEIRSAND SUCCESSORSDULY AND SUFFICIENTLY TO PROVIDE AND SECURE THE
  • 71. HEIRS MALE TO BE PROCREATE OF THEMARRIAGEIN THE SAME OF TWELVE THOUSAND POUNDS SCOTS MONEYPAYABLE AT THE FIRST TERM OFWHITSUNDAYOR MARTIMAS AFTER THE SAID ALEXANDER MACKENZIE HISDEATH AND TO DELIVER THE SAIDSECURITYSO PROVIDED BETWIX AND THE FORM OF WHITSUNDAY ALSONEXT TO COME BUT IN ALLTHE SAIDMARGARETSUTHERLAND SHALL DIE BEFORE THE SAID ALEXANDERMACKENZIE AND THAT THE SAIDALEXANDERMACKENZIE SHALL MARRY AGAIN THEN AND IN THAT CASE HEBINDS AND OBLIGES HIM HISHEIRS ANDSUCCESSORS TO PAY YEARLY TO THE SAID HEIR MALE ORSON THE SUMS OF THREE HUNDREDMERKSSCOTS MONEY BEGINNING THE FIRST TERMS PAYMENT OFTHE SAID SUMS AT THE FIRST TERM OFWHITSUNDAYOR MARTIMAS AFTER THE DEATH OF THE SAID MARGARETSUTHERLAND AND ALEXANDERMACKENZIEAND IN CASE THERE SHOULD BE ANY HEIRS MALEPROCREATED OF THE MARRIAGE AND THERESHOULD BEBUT ONE DAUGHTER THEN AND IN THAT CASE THE SAIDALEXANDER MACKENZIE BINDS ANDOBLIGES HIM ANDHIS FOR FIRST TO PAY TO THE SAID DAUGHTER OR HEIRFEMALE THE SUM OF SEVEN THOUSANTMERKSSCOTS MONEY AND IN THE CASE OF TWO THREE OR MOREDAUGHTERS THE SUM OF NINETHOUSANTMERKS MONEY FOR AND BETWIX THEM TO BE DIVIDED BY THEFATHER AS HE SHALL THINK FITANYTIMEIN HIS LIFETIME BUT IN CASE OF NO SUCH DIVISION THE SAMESHALL BE MADE AT THE SIGHT OFTWONEAREST OF KIN ON THE FURTHER FIVE AND TWO OF THENEAREST OF KIN ON THE MOTHER FIVEAND IN CASE THERE BE NO HEIR MALE PROCREATED OF THE
  • 72. MARRIAGE AND THAT THERE BE ONETWO OR MORE DAUGHTERS OF THE DISOLUTION OF THE SAIDMARRIAGE BY THE DEATH OF THESAID MARGARET SUTHERLAND THEN AND IN THE EVENT THESAID ALEXANDER MACKENZIEBINDS ANDOBLIGES HIM AND HIS FOR SAIDS TO PAY THE ANNUAL RENTOF THE FORTH PROVISIONS TO HISSAIDDAUGHTERS BEGINNING THE FIRST TERMS PAYMENTTHEREOF AT THE TERM OF WHITSUNDAY ORMARTIMASAFTER THE DEATH OF THE SAID MARGARET SUTHERLAND ORTHE SAID ALEXANDER MACKENZIEOR ANY OFTHEM AT FIRST SHALL HAPPEN AND THE SAID PRINCIPAL SUMTO BE PAID AT THEIR RESPECTIVEMARRIAGEOR MAJORITY EITHER THAT SHALL FIRST HAPPEN FOR THEWHICH COMES AND ON THE OTHERPARTTHE SAID WILLIAM SINCLAIR OF ------WICK AS BURDEN TAKENFOR THE SAID MARGARETSUTHERLANDAND AS DOWRY TO HER FOR THE SUM UNDERWRITTEN BINDSAND OBLIGES HIM HIS HEIRS ANDSUCCESSORS TO CONTEND AND PAY TO THE SAIDALEXANDER MACKENZIE HIS HEIRS ANDEXECUTORSOR ASSIGNEES THE SUM OF THREE THOUSAND FIVEHUNDRED MERKS SCOTS MONEY AND AT THETERM OFWHITSUNDAY NEXT TO COME TO THE ONE AND ORDINARYANNUAL RENT OF THE SAID PRINCIPALSUMTHE TERM OF WHITSUNDAY LEFT BY PART UNTIL THE SAIDFORM OF PAYMENT AND YEARLY ANDFORMELYTHEREAFTER DURING THE NOT PAYMENT THEREOF AND ITSHEREBY DECLARED THAT IN CASETHE MARRIAGETHE MARRIAGE SHOULD DISOLVE BY THE DEATH OF EITHEROF THE SAID PARTIES WITHIN YEARAND DAYAFTER THE SAID MARRIAGE THAT THE JOINTURE AND LOCKERHEREBY PROVIDED SHALL TAKEPLACE
  • 73. IN MANNER ABOVE WRITTEN ANY LAW OR PRACTICE TO THECONTRARY NOTWITHSTANDINGRATIFY ITIS AGREED THAT EXECUTION SHALL PASS FOR IMPRESSMENTOF THE SAID CONTRACT AGT THESAIDALEXANDER MACKENZIE AND WILLIAM LORD STRATHNAVERAT THE INSTANCE OF JOHNSUTHERLAND OFHOWE JAMES BUDGE OF TACHNAGA JAMES SUTHERLAND OFLANGWELL AND WILLIAM SINCLAIROF------WICK OR EITHER OF THEM AND BOTH PARTIES BIND ANDOBLIGE THEM THEIR FOR AND TOTHE PERFORMANCE OF THE RESPECTIVE PARTS OF THEPROMISE AS UNDER THE PENALOF EIGHT HUNDRED POUNDS SCOTS MONEY AT TO FORNAMED AND FOR THE MORE SECURITIESWE CONCENT TO THE REGISTRATION IN THE BOOKS OFCOUNCIL SESSION OR ANY OTHERJUDGESBOOKS THAT ALL EXECUTION NOWSTANDING MAY PASSHEREON AS AFFAIRS AND TO THATEFFECTWE CONSTITUTE.OUR PROCULATORS IN WITNESS WHEREOF WE HAVESUBSCRIBED THESE PRESENTS WRITTEN ONTHIS AND THE PRECEEDING TWO PAGES OF STAMPED PAPERBY MR WILLIAM SCOBIEMINISTER OF THE GOSPEL AT ASSINT PLACE AND INSERT INTHE FIRST PAGE BY ONE OF THESEWITNESSES JAMES SINCLAIR OF DUMBEATH KENNETHMACKENZIE BROTHER GERMAN TO THESAID ALEXANDER MACKENZIE OF ARDLOCH KENNETHSUTHERLAND BAYLIE OF DORNOCH ANDMR WILLIAM SCOBIE .SIGNED ALEXANDER MACKENZIE MARGARET SUTHERLANDJAMES SINCLAIR KENNETHMACKENZIEKENNETH SUTHERLAND WILLIAM SCOBIE AND SINCLAIR ANDSTRATHNAVER.STENSCHOLL (QS) THE OLD PARISH CHURCH WASDEDICATED TOST MARTIN IN THE 1600`S THE PARISHES OF STENSCHOLLANDKILMALUAG NOW CALLED KILMUIR WERE UNITED APARLIAMENTARY
  • 74. CHURCH WAS ERECTED HERE IN 1828 AND THE DISTRICTCOMPRISING THE OLD PARISH OF KILMARTIN WASCONSTITUTED AQUOAD SACRA PARISH BY THE GENERAL ASSEMBLY ON 25THMAY 1833 THE PARISH WAS DISJOINED FROM KILMUIR ANDSNIZORT BY THE COURT OF TEINDS 14/7/1847.REVERENT JAMES M. DAVIDSON MINISTER OF THE QUOADSACRAPARISH OF STENSCHOLL SKYE RESIDING AT THE MANSE OFSTENSCHOLL HE WAS ALSO TENANT OF LOTS 13 AND 14OF THE TOWN GARRAFADA KILMUIR WESTER. THE RIGHTSOF THE MINISTER OF THE PARISH OF STENSCHOLL ARE ANDARE DESCRIBED AS FOLLOWS IN THE " 6TH REPORT OFTHECOMMISSIONERS" FOR BUILDING CHURCHES IN THEHIGHLANDS OF SCOTLAND THE PARISH OF KILMUIR SKYESTENSCOLL. THE CERTIFICATE OF COMPLETION OF THECHURCH AND MANSE OF STENSCHOLL BEARS DATE ON THE9TH MARCH 1829. THE LAND IS CONVEYED TO THECOMMISSIONERS BY THE RIGHT HONOURABLE SIR GODFREYBOSVILLE MACDONALD, BARONET LORD MACDONALD DATED22ND AND RECORDED IN THE GENERAL REGISTER OFSASINES29TH DECEMBER 1828.THE EXTENT OF GROUND CONVEYEDFOR THE WHOLE IS 2 ACRES 3 ROODS 19 FALLS AND 1 ELLOR THEREBY SCOTS LAND MEASURE IT LIES WHOLLY WITHINTHE FARM OF GEARRIGHFADDA ON THE SOUTH SIDE ORRIGHTBANK OF THE RIVER KILMARTIN WHICH IS THE BOUNDARYOF THE SAID PIECE OF LAND ON THE NORTH ANDOPPOSITE TO THE FARM OF STENSCHOLL.SINCE 14/2/1882 REVERENT JAMES MACKINTOSH DAVIDSONWHOBEING SOLEMNLY SWORN AND EXAMINED INCS46/101/1/1887DECREET DEPONES I AM THE MINISTER OF THE QUOADSACRAPARISH OF STENSCHOLL AND HAVE BEEN SO SINCE 14THFEBRUARY 1882 MY PREDECESSOR WAS REV. B. ALEXANDERMACDONALD BORN 1816 SON OF JOHN M. BENBECULAPRES.BY QUEEN VICTORIA 8TH FEBRUARY AND ORDAINED30TH APRIL 1856 DIED UNMARRIED 17 JUNE1881.AND BEFORE HIM DONALD MACDONALD BORN 1800 SONOF JAMES M TORLUM BENBECULA AND CHRISTINEMACDONALD DIED UN MARRIED 5TH JULY 1855 ANDBEFORE HIM HENRY BEATSON PRESB. BY WILLIAM 1V7TH FEBRUARY 1837 AND BEFORE HIM JOHN NICOLSON
  • 75. BORN 1780 SON OF ALEXANDER N KYLERHEA DIED4TH JANUARY 1837. THE CHARGE IS AN A.S. CHARGEWHICH WAS ERECTED 1828-29 THE 6TH REPORT11/10/1831 PAGES 28-29 REFERENCE TO THE GLEBEOF THE PARISH OF STENSCHOLL.ALEXANDER MACDONALD SOLICITOR AT PORTREE ANDFACTOR FOR MAJOR FRASER OF NEWTON NAIRN MAJORFRASER IS PROPRIETOR OF THE ESTATE OF KILMUIRPURCHASED IN 1855 FROM LORD MACDONALD STAFFINPARK FORMS PART OF THE ESTATE OF KILMUIRTHE DECREET INFERS THAT REV.JAMES M. DAVIDSON WASPROPRIETOR ON THE VALUATION ROLL AND NOT A TENANTTO THE PROPRIETOR MAJOR WILLIAM FRASER OF NEWTONTHAT IN THE DECREET MCLEOD AND FRASER V DAVIDSONAND RODERICK MACKENZIE OF PLOT 20 AND HIS BROTHERNEIL MACKENZIE PLOT 19 AS DEFENDERS FOR RIGHT OFPASSAGE OVER STAFFIN PARK STENSCHOLL KILMUIR.14/1/1887 DECREET CS46/101/1/1887.ALEXANDER MACKENZIE *CATHERINE MACKENZIEBORN ABOUT 1791...STENSCHOLL KILMUIRSKYE. ON CENSUS 1841-51-61KILMUIR. DIED 12 APRIL 1867. STENSCHOLL SKYE AGES. ON CENSUS DIFFERENT. FROM DEATH DATE GIVEN.DONALD MCKENZIE * HELEN BROWNBORN ABOUT 1817 KILLIEMUIR SKYEMARRIED 9/2/1847 KINGLASSIE10/2/1882 KINGLASSIEHELEN BORN 1823 HILL OF BEATH FIFEDIED 7/2/1901 DALGETY BOTH ON CENSUS1851-61-71-81 KINGLASSIE FIFEHELEN BROWN LIVED AT ON 1890 DUNFERMLINEDIRECTORY PAGE 132 25 ROLLAND STREET1896 PAGE 62 MONASTERY STREET1897 PAGE 62 MONASTERY STREETHER SISTER MARGARET BORN KINGHORN1838 AND ON 1851 CENSUS KINGLASSIEMARY MCKENZIE BORN 10/4/1849 KINGLASSIEDAUGHTER OF ABOVE DONALD AND HELENMARRIED 10/4/1868 KINGLASSIE JOHN FOSTERMARY DIED 2/10/1909 AT FOK ASYLUM CUPAR
  • 76. AGE 60 AND LIVED AT 100 ST. CLAIR STREETKIRKCALDY. AT THE MARRIAGE TO JOHNHE WAS AGE 20 LIVED 20 HIGH STREETKIRKCALDY HIS PARENTS ANDREW FOSTERFISHERMAN AND JANET WALKER HIS WIFEAT THAT TIME MARY LIVED 13 THISTLE STREETKIRKCALDY AGE GIVEN 18 JANET WITNESS.JOHN FOSTER DIED 23/10/1909 AGE 62 LIVEDAT 100 ST.CLAIR STREET SINCLAIRTOWN DYSARTSON SIGNED DEATH EXTRACT 115 LINKS STREETKIRKCALDY.ANDREW FOSTER BORN KIRKCALDY ACCORDINGTO SERVICE RECORD 10/9/1868 PARENTSJOHN AND MARY BIRTH SIGNED BY FATHER.ANDREW FOSTER LIVED 64 NICOL STREET KIRKCALDY1870ANDREW FOSTER LIVED 12 ELGIN COTTAGES KDY1881ANDREW FOSTER LIVED 12 ELGIN COTTAGES KDY1891ANDREW FOSTER LIVED 173 HIGH STREET KDY1893ANDREW FOSTER LIVED 19 NICOL STREET KDY1896ANDREW FOSTER LIVED 122 LINKS STREET KDY1903ANDREW FOSTER LIVED 17 GLASSWORK STREET KDY1925 HIS SONANDREW FOSTER LIVED 11 PRATT STREET KDYANDREW FOSTER LIVED 91/2 PRATT STREET KDYANDREW FOSTER MARRIED 30/12/1892 KIRKCALDYSTAYED 12 ELGIN COTTAGES DYSART PARENTSJOHN AND MARY MARRIED TO ELIZA JANEHENDERSON OF 13 WEST FERGUS PLACEKIRKCALDY PARENTS ANDREW HENDERSONAND ALISON BROWN MOTHERANDREW FOSTER DIED 22/10/1915 SON OFJOHN FOSTER AND ELIZA FOSTER OF 17GLASSWORK STREET KIRKCALDYBLACKWATCH 3509 7TH BN AGE 46OR ROYAL HIGHLANDERS REGIMENTBURIED LAIR O242 BENOCHY CEMETRYKIRKCALDY TRANSFERED TO ALDRINGTONCENTRAL HOSPITAL DUE TO SICKNESSPRIOR TO DYING.ELIZA JANE HENDERSON BORN 10/10/1869OVERGATE KINGHORN PARENTS ALISON
  • 77. BROWN BORN 1840 MARRIED 3/6/1864DIED 27/8/1909 AGE 69 BURIED TOGETHERLAIR 276 AND LIVED 122 LINKS STREETABBOTSHALL ANDREW HENDERSON DIED1909.ELIZA JANE HENDERSON AT HER MARRIAGEAGE 23 UNITED PRESBYTERIAN KIRKCALDYELIZA DIED 22/11/1943 KIRKCALDY82 HIGH STREET AGE 74.ADAM EVE CAIN OR ABEL MAHALALEEL JARED ENOCH IRADMETHUSAEL LAMECH NOAH SHEM ARPHAXAD SALAH EBERPELEG REU SHERUG NAHOR TERAH ABRAM ISSAC JACOBLEVI KOHATH AMRAM AARCH ITHAMAR ELEAZAR PHINEHASABISHUA BUKKI UZZI ZERAHIAH MERAHIAH AMARIAHAHIMELECH ABIATHE AHITUB ZADOK AHIMAAZ AHINOAMMARRIED SAUL LINE ASCENDING TO KISH NER ABIELBECHORATH ALAMETH ANATHOTH ABIAHAPHIAHJERIMOTH OMRI ELIOENAI ELIEZAR JOASH ZEMIRA BECHERBENJAMIN JOSEPH RACHEL LARAN BETHIEL MILCAH HARAN-----------DECENDING FROM LARAN JUDAH PHAREZ HEZRONJERAMEELSHSHAH AHALI ATTAI NATHAN ZABAD OBED JESSIE DAVIDHUSBAND OF MICHAL SON OF SAUL. URIEL SON OF MICHALAND URIEL HUSBAND OF ABSALOM SON OF DAVID.MAACHAH SON OF ABSALOM AND MAACHAH MARRIED TOREHOBOAM SON OF SOLOMON WHERE THE 10 TRIBESREVOLTED 975 BC. ABIJAH HEIR OF REHOBOAM THENASA JOSAPHAT JORAM OZIAS JOATHAM ACHAZ THENA CHRONOLOGICAL SPACE TO AHAZ HEZEKIAH MANASSEHAMON IOSIAH JOHANAM EZEKIAS MANASSEH AMONKING JEHOIKIM/ELIAKIM JECONIAH ASSIR SHEALTIELSALATHIEL ZORABABEL ABIUD ELLAKIM AZOR SADOCACHIM ELUID ELEAZAR MATHAT HAD HELI BARNABASBARNABAS IS A SURNAME WHO HAD MARY BARNABASWHO WAS MARRIED TO JOSEPH MARCUS WHERE THEYHAD JUSTUS MARCUS OR JESUS SON OF GOD AND SISTERSAND BROTHERS JOSES BARNABAS SIMON BARNABASJUDE BARNABAS SALOME BARNABAS AND JAMES.MARY MARCUS LAZARUS AND MARTHA DESCENDINGFROM JOHN MARCUS NEPHEW OF JOSES BARNABASAND JOHN FROM MARY MARCUS MARRIED TOCLEOPHAS HALF SISTER TO THE VIRGIN MARY BARNABASAND MARY DESCENDING FROM JOSEPH MARCUS AND FROMJACOB MARCUS AND ASCENDING BACK AGAIN TO MATHANLEVI MELCHI JANNA JOSEPH MATTATHIAS AMOSNAUM ESLI NAGGE MAATH MATTATHIAS SEMEI JOSEPH
  • 78. JUDA JOANNA RHESA ZOROBABEL SALATHIEL NERIMELCHI ADDI COSAM ELMODAM ER JOSE ELIEZERJORIM MATTHAT LEVI SIMEON JUDA JOSEPH JONANELIAKIM MELEA HENAN MATTATHA NATHAN ANDTO DAVID OF JESSIE.TWO LINES OF DESCENT EITHER FROM MATHAT ANDMATHAN CONNECT INTO THE ROMAN PERIOD THROUGHEITHER GENEALOGICAL STEMS IE 83BC - 30BC ANTONIUSMARCUS AN ANCESTRAL NAME ON THE PATRONOMIC SIDEOF JESUS. DESCENDING MARCUS JUNIUS BRUTISMARCUS ULPIUS TRAJAN AGGRIPPA MARCUS VIPSANIUS64BC 14AD AUGUSTUS CAESAR OCTAVIAN.39BC 81AD TITUS.27BC 14AD GAIUS JULIUS CAESAR.LUCIUS DOMITIUS AHENOBARBUS.10BC 54AD CLADIUS.9BC 79A SERVIUS SULPICIUS GALBA.TITUS FLAVIUS VESPASIANUS.79BC 81AD GNAES JULIUS.78AD TITUS FLAVIUS DOMITANUS AUGUSTUS.81AD 96AD MARCUS COCCEIUS.17AD 138AD PUBLIUS AELUS HADRIANUS.121AD 180AD MARCUS ANTONIUS AURELIUS.130AD 169AD LUCIUS AURELIUS VERUS.131AD 161AD ANTONIAS PIUS.161AD 192AD COMMODUS LUCIUS AEITUS AURELIUS193AD LUCIUS SEPTIMIUS.214AD 270AD MARCUS AURELIUS CLAUDIUS.245AD 313AD GAIUS AURELIUS VALERIUS.249AD 51AD GAIUS MESSIUS DECIUS.DIOCLETIAN.MAXIMIAM.272AD 327AD FLAVIUS VALERIUS AURELIUS CONSTANTINE.321AD 375AD VALENTINIAN.361AD 363AD FLAVIUS CLAUDIUS JULIANUS.372AD 392AD VALENTINIAN.419AD 455AD VALENTINIAN.425AD 455AD FLAVIUS PLACIDUS VALENTIANUS.483AD 565AD JUSTINIAN.ROMAN RULE CROSSING INTO FRENCH SUCCESSORS.481AD 511 CLOVIS.561 84 CHILPERIC714 41 MARTEL751 68 PEPIN768 814 CHARLEMAIN814 40 LOUIS LE DEBONNAIRE840 77 CHARLES LE BEGUE
  • 79. 877 79 LOUIS 11 BEGUE879 82 LOUIS 111882 84 CARLOMAN894 87 CHARLES LE GROS887 98 CONTU EUDES898 922 CHARLES LE SIMPLE936 54 LOUIS 1V954 86 LOTHAIRE986 87 LOUIS V LE FAINEANTCAPETIANS987 96 HUGUES CAPET996 1031 ROBERT LE PIEUX1031 60 HENRY1060 1108 PHILIPPE1108 37 LOUIS V1 LE GROS1137 80 LOUIS V11 LE JEUNE1180 1223 PHILIPPPE1223 26 LOUIS V11 LE LION1226 70 LOUIS 1X ST LOUIS1270 85 PHILIPPE 111 LE HARDI1285 1314 PHILIPPE1314 16 LOUIS X LE HUTINJEAN 11316 22 PHILIPPE LE LONG1322 28 CHARLES 1V LE BELVALOIS1328AD 50 PHILIPPE1350 64 JEAN 11 LE BON1364 80 CHARLES V LE SAGE1380 1422 CHARLES V1 LE BIEN AIME1422 61 CHARLES V11 LE VICTORIEUX1461 83 LOUIS X11483 98 CHARLES V111 L AFFABLE1498 1515 LOUIS X111515 47 FRANCOISBOURBONFRENCH RULE CROSSING INTO BRITAINTUDOR1456 HENRY V111498 1515 LOUIS X11 * MARY TUDOR MARGARET TUDOR *JAMES1489-1541 1473-1513VALOIS1498 1515 LOUIS X11 * ANN OF BRETANYEANNE OF BRETANYE MARRIED ALSO CHARLES V111SHE HAD A DAUGHTER WHO MARRIED FRANCOISWHERE THEY HAD MADELEINE 1537.
  • 80. MADELEINE HAD MARY QUEEN OF SCOTS WHOHAD FRANCOIS 11 AND HIS HEIR HENRY 111547-59. HENRY 111 1551-89. HENRY 11111553-1610 WHO WAS MARRIED TO MARIA DE MEDICSWHO HAD LOUIS X11 WHO WAS MARRIED TOHENRIETTA MARIA ALSO MARRIED TO CHARLESFIRST BORN 1600.MARY QUEEN OF SCOTS DESCENDING FROM JAMES V1512-42 JAMES 1V 1473-1513. JAMES 111 1451-88.JAMES 11 1430-60. JAMES 1 MARRIED TO JOANNABEAUFORT QUEEN OF SCOTLAND 1424 WHO HADJAMES STEWART WHO HAD JOHN 1ST EARL OFATHOL WHO HAD JOHN KNOWN AS 1 EARL OFARGYLL WHO HAD LADY ELIZABETH STEWARTBRITISH LINE CROSSING INTO NORMAN GERALDINEOF IRELAND.KENNETH MACKENZIE 10TH IN DESCENT FROMCOLIN OR CAILEAN OF CELTIC ORIGIN.LADY ELIZABETH STEWART FOUR GREATS GRANDFATHERKING EDWARD 111 OF ENGLAND HIS GRANDSONSBROTHER WAS HENRY 1V OF ENGLAND.HENRY 111 OF ENGLANDS DAUGHTERMARRIED ALEXANDER THE 111 OF SCOTLAND.ALEXANDER 111 ASCENDS FROM ALL SCOTTISH LINE.KENNETH MACALPINE FIRST KING OF SCOTLAND.DONALD.CONSTANTINE THE SECONDETHUSGREGORYDONALDCONSTANTINE THE 111MALCOLM 1KENNETH 111CONSTANTINE 1111KENNETH 1111MALCOLM 11DUNCAN 1MACBETHMALCOLM 111ALEXANDER 1DAVID 1 WHO MARRIED MAUD DAUGHTER OF WALDEOFFBY JUDITH NIECE OF WILLIAM THE CONQUEROR.DAVID 1MALCOLM 1111WILLIAM THE LIONALEXANDER 11 WHO MARRIED JOAN DAUGHTER OFKING JOHN OF ENGLAND WHO HAD
  • 81. ALEXANDER 111 OF SCOTLAND.KENNETH MACKENZIE ABOVE WHO MARRIED INTOSCOTTISH LINE LADY ELIZABETH STEWARTHAD A SON KENNETH MACKENZIE OF SCOTLANDAND HAD SIMON MACKENZIE HAD KENNETHMACKENZIE WHO HAD BARBARA MACKENZIEWHO MARRIED ALEXANDER MACKENZIE WHOHAD JOHN MACKENZIE OF ASSYNT REFERENCEIN DEED RH 8 1100 1726.HIS SON ALEXANDER IN CS 235 M11 2. HADLANDS IN THE ISLAND OF SKYETHESE LANDS KNOWN AS TROUTERNISHMENTION OF HIM IN SIG 2.17 DATED6.8.1787 AND DEED RD 4 232 .2 DATED 11 8 1778.ALEXANDER MARRIED 16.9.1732BORN 1692 DIED 21 5 1778.JOHN HIS FATHER WAS BORN 1664 MARRIED 1691DIED 1726. JOHNS FATHER ALEXANDER OF ARDLOCHBORN 1652 ARDLOCH MARRIED 1675 DIED 1736 ARDLOCH.HE HAD THE LANDS OF ASSYNT AND KINNELLAN.JOHN BORN IN 1664 WAS MARRIED TO SIBELLAOF DUNDONNEL BORN 1671 WHOS GRANDFATHERSIMON MACKENZIE OF LOCHSLIN WAS ALSOKNOWN AS WILLIAM FRASER OF CULBOKIE ANDWAS MARRIED TO AGNUS FRASER HE HAD LANDSIN WESTER KILMUIR ISLAND OF SKYE.SIMON MACKENZIE IS SON OF GEORGESECOND EARL OF SEAFORTH MARRIED 23.1. 1627DIED AUGUST 1651 A WILL TO HIM REFERENCECC8 DATED 7 JAN 1684. DIED HOLLAND.ALEXANDER BORN 1652 HAD A BROTHER 1ST EARLOF CROMARTY WHO MARRIED TWICE IN1654 ANNA SINCLAIR1700 MARGARET WEMYSS THE EARL DIED 27/8/1714.THE EARL HAD ELIZABETH WEMYSS WHO MARRIEDJAMES WEMYSS ALSO KNOWN AS LORD BURNISLAND.THE EARLS GRANDAUGHTER MARRIED A STEWARTAND HAD JEAN MACKENZIE WHO MARRIEDTHOMAS STEWART OF BALCASKIE HE HADJOHN STEWART WHO WAS MARRIED TOJEAN DOUGLAS DAUGHTER OF THE DUKE OFDOUGLAS JEAN HAD ARCHIBALD STEWARTSERVED HEIR TO HIS UNCLE AND CREATEDDUKE OF HAMILTON 9/9/1761.1ST EARL OF CROMARTY HAD A BROTHERJOHN 2 EARL OF CROMARTY BORN1656 MARRIED 10 JAN 1685.
  • 82. MARRIED AGAIN 25/4/1701 MARY ELIBANKFROM 3RD LORD ELIBANK.3 EARL OF CROMARTY BORN 1703MARRIED 23/9/1724DIED 23 /4/1769GEORGE 3 EARL MARRIED ISABELL GORDON.GEORGE DIED LORD GORDON OF INVERGORDON.ISOBELL DAUGHTER OF 3RD EARL MARRIED8 JANUARY 1760 DIED 28 DECEMBER 1802.SHE HAD MARIA MURRAY BORN 1766 EDINBURGHMARRIED 3 MAY 1790 DIED 10 AUGUST 1858.MARIA MURRAY IS ON 1851 CENSUS EDINBURGH.AT AGE 85 AND LIVED AT 10 ROYAL CIRCUS STEDINBURGH.MARIA WAS MARRIED TO EDWARD HAY MACKENZIEBORN 1773 NEWHALL ROSS DIED 5/12/1814.MARIA MURRAY HAD A SON JOHN HAY MACKENZIEBORN 1791 AND DIED 9/7/1849 HE MARRIED ANN GIBSONCRAIG BORN 1805 RICARTON MIDDLOTHIAN EDINBURGH.MARRIED 23/4/1828 LADY YESTER PARISH EDINBURGH.ANN HAY MACKENZIE DAUGHTER OF JOHN BORN21/4/1829 OF NEWHALL ROSSHIRE MARRIED 20/6/1849MAIDENHEAD KENT DIED 25/11/1888.ANN WAS MARRIED TO WILLIAM MCDONALD HE ISALSO KNOWN AS WILLIAM SUTHERLAND BORN19/12/1828 WESTMINSTER. HE HAD A SON FRANCISSUTHERLAND BORN 3/8/1852 TARBAT HOUSE ROSS.A JOHN MACKENZIE KNOWN AS LORD MCLEODBORN 1727 MARRIED 4/6/1786 EDINBURGH DIED3/10/1842.HE MARRIED TWICE AGAIN IN 11/4/1794.HIS DAUGHTER MARIA ANN MACKENZIE MARRIEDGODFREY WILLIAM WENTWORTH BOSVILLEMCDONALD 4 TH BARON OF SLATE SKYE.HE WAS BORN 16/3/1809 AND HAD JAMES MCDONALDOF SLATE HE WAS BORN 2/10/1847 DIED 25/12/1874.HE HAD RONALD ARCHIBALD MCDONALDBORN 9/6/1853 AND LILIAN JANET BOSVILLE MCDONALDBORN 21 JANUARY 1856 MARRIED 2/8/1876.LILIAN WAS MARRIED TO THE LATER 2ND EARLOF CROMARTY.ALEXANDER MACKENZIE OF ARDLOCH LISTED ABOVEWHO HAD TITLE IN THE BARONY OF TROTTERNISHISLE OF SKYE CS 235 M11 1. MISCELLANEOUS SECTION.HAD A SON COLONEL ROBERT MACKENZIE OF THEINDIAN ARMY HONARABLE EAST INDIA COMPANYHE WAS BORN 1743 ARDLOCH ROSSHIRE
  • 83. MARRIED TWICE 01/5/1780 AND 15/08/1801AT BRAILANGWELL ROSS MARRIAGE REFERENCEGD305/1/128/17. AND RD13/149. DATED 31 JULY 1809.HIS FIRST WIFE WAS HARRIET ANN MACKENZIEDAUGHTER OF DOCTOR MACKENZIE.HE DIED 28/4/1809 AT MILLMOUNT EASTER KILMUIRROSSHIRE.HIS SECOND WIFE KATHERINE SUTHERLANDBORN 9/1/1773 GOLSPIE CO.SUTHERLAND.AND OF THE KINGSTARIE SUTHERLAND FAMILY.HER PARENTS WERE COLONEL JAMES SUTHERLANDOF UPPAT AND ELIZABETH BAILLIE OF CLYNE.KATHERINE HAD BROTHERS ROBERT SUTHERLANDGEORGE LACKWELL SUTHERLAND EVAN BAILLIESUTHERLAND DUNCAN FORBES SUTHERLAND.ROBERT AND KATHERINE HAD TWO SONS AND TWODAUGHTERS ALEXANDER MACKENZIE BORN 16/5/1802AT CASTLE STREET EDINBURGH AND MARRIED31 MAY KILMUIR EASTER NEAR BAYFIELDROSSHIRE DIED 28/4/1841 AGE 39 CIRCULAR ROADCALCUTTA INDIA AFTER SERVICE IN THE HEICBENGAL NATIVE INFANTRY 48TH REGIMENT.HIS BROTHER JAMES SUTHERLAND MACKENZIEBORN 21/7/1805 DIED 24/11/1858 KENSINGTONASSYLUM MIDDLESEX LONDON.HIS SISTER MARGARET SUTHERLAND MACKENZIEBORN 16/8/1804 MARRIED 5/8/1835 NIGG ATBAYFIELD ROSSHIRE MARGARET WAS MARRIEDTO REVERENT JAMES HENDRY HUGHS MABOMBAY ARMY INDIA.HIS SISTER ELIZABETH BAILLIE MACKENZIEBORN GEORGE STREET EDINBURGH 16/6/1803AND MARRIED LT. EWAN BAILLIE SUTHERLANDHE DIED 1830. THEY HAD A DAUGHTER EVINABAILLIE SUTHERLAND BORN 20/1/1831.KILMUIR EASTER ROSSHIRE.MARGARET SUTHERLAND HAD TWO SONS AND TWODAUGHTERS HENRY ERSKINE MACKENZIE BORN19/7/1839.ALEXANDER MACKENZIE BORN 4/11/1845.ELIZABETH MARY MACKENZIEMARGARET ALEXANDRA MACKENZIE.RD 13 149 662KNOW ALL MEN BY THESE PRESENTS US MRS KATHARINESUTHERLANDOR MACKENZIE RELICT OF THE DECEASED COLONEL ROBERTMACKENZIE
  • 84. SOMETIMES IN THE SERVICE OF THE HONOURABLE EASTINDIA COMPANYAND CAPTAIN GEAORGE SACKVILLE SUTHERLAND RESIDINGAT RHIVESWHEREAS THE SAID DECEASED COLONEL ROBERTMACKENZIE BYDISPOSITION AND DEED OF SETTLEMENT BEARING DATE THE26/11/1802AND RECORDED IN THE BOOKS OF COUNCIL AND SESSION(OFFICE W.B. )THE 30/07/1809 GAVE GRANTED AND DISPONED TO AND INFAVOUR OFALEXANDER MACKENZIE HIS ELDEST LAWFUL SON WHOMFAILING ASTHEREIN MENTIONED UNDER THE CONDITION AND WITH THEPROVISIONSTHEREIN EXPRESSED ALL ESTATE AND EFFECTS REAL ANDPERSONALHERITABLE AND MOVEABLE THAT SHOULD PERTAIN ANDBELONG TOHIM AT THE TIME OF HIS DEATH AND HE NOMINATED ANDAPPOINTEDTHE SAID ALEXANDER MACKENZIE WHOM FAILING THEPERSONS THEREINMENTIONED TO BE HIS SOLE EXECUTERS AND MOREOVER ASHE JUDGEDIT PRUDENT TO NAME TUTORS AND CURATORS TO THE SAIDALEXANDERMACKENZIE HIS SON AND TO ANY OTHER CHILD OR CHILDRENWHOMIGHT BE PROCREATED OF THE MARRIAGE TWIXT HIM AND METHE SAIDMRS KATHARINE MACKENZIE AND HAVING ENTIRECONFIDENCEIN US THE SAID MRS KATHARINE MACKENZIE AND GEORGESACKVILLESUTHERLAND AND IN COLONEL LEWIS GRANT OF ACHINOCHLATEIN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANYCAPTAIN CHARLES GRANT IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY ON THE BENGAL ESTABLISHMENTCOLONELWILLIAM DUNCAN IN THE SERVICE OF THE HONOURABLEEASTINDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICE OFTHE SAID COMPANY AND SOMETIME AID DE CAMP TO THE
  • 85. MARQUISWELLESLY AND COLIN MACKENZIE WRITER TO THE SIGNETONE OF THE PRINCIPAL CLERKS OF SESSION HE THEREFORNOMINATEDAPPOINTED US AND THE SAID LEWIS GRANT CHARLES GRANTWILLIAMDUNCAN HENRY WHITE AND COLIN MACKENZIE AND THEACCEPTINGSURVIVORS OR SURVIVOR OF US AND THEM TO BE TUTUTORSANDCURATORS TO THE SAID ALEXANDER MACKENZIE HIS SONANDTO SUCH OTHER CHILD OR CHILDREN AS MIGHT BEPROCREATEDOF THE SAID MARRIAGE DURING THE WHOLE PERIOD OFTHEIRRESPECTIVE PUPILLARITIES AND MINORITIES DECLARINGTHAT THEMAJORITY OF THE PERSONS THEREIN AND ABOVE NAMEDACCEPTINGAND ALIVE AT THE TIME OR ANY ONE OF THEM ACCEPTINGANDSURVIVING THE REST SHOULD BE A QUORUM AND WHEREASTHE SAID LEWIS GRANT CHARLES GRANT WILLIAM DUNCANHENRY WHITE AND COLIN MCKENZIE HAVE DECLINED TOACCEPTOR ACT FOR THE NOMINATION OF TUTORS AND CURATORS INNAMEABOVE NARRATED SO THAT THE SAID MRS KATHARINEMACKENZIEAND GEORGE SACKVILLE SUTHERLAND ARE THE ONLYACCEPTINGTUTORS NOMINATE OF THE SAID ALEXANDER MCKENZIE ANDOFELIZABETH BAILLIE MCKENZIE MARGARET SUTHERLANDMACKENZIEAND JAMES SUTHERLAND MACKENZIE THE YOUNGERCHILDRENOF THE SAID COLONEL ROBERT MACKENZIE PROCREATED OFHISSAID MARRIAGE ALL OF WHOM ARE MINORS WHITHIN THEYEARS OFPUPILLARITY AND ON ENTERING ON THE ADMINISTRATIONANDMANAGEMENT OF THE ESTATE WHICH PERTAINED TO THESAIDCOLONEL ROBERT MACKENZIE BEHOOF OF OUR SAID PUPILS
  • 86. AS TUTORSFORSAID WE FIND IT NECESSARY FOR THE PURPOSE OFSPEEDILY ANDEFFECTUALLY EXTRICATING THE SAME BY PAYMENT OF THEDEBTSDUE BY THE SAID DECEASED COLONEL ROBERT MACKENZIEANDINVESTING THE RESIDUE OF THE SAID ESTATE IN THE MANNERMOSTBENIFICIAL FOR OUR SAID PUPILS AND ALL OTHERSCONCERNEDTO ASSIST A FIT PERSON TO BE OUR AGENT AND FACTORWITHPOWER TO INTROMIT WITH THE SAID ESTATE AND AFFECTSFORUS AND IN OUR NAMES AS TUTORS FORESAID AND HAVINGENTIRECONFIDENCE IN THE CAPACITY AND INTEGRITY OF JOSEPHGORDONWRITER TO THE SIGNET THEREFOR WE HAVE NOMINATEDCONSTITUTEDAND APPOINTED US WE DO HEREBY NOMINATE CONSTITUTEANDAPPOINT THE SAID JOSEPH GORDON TO BE OUR AGENT ANDFACTOR GIVING GRANTING AND COMMITTING POWER TO HIMFOR AND IN NAME OF THE SAID ALEXANDER MACKENZIE ANDFOR US AND IN OUR NAMES AS TUTORS FORESAID TOINTROMIT WITHAND ENTER ON THE POSSESSION AND MANAGEMENT OF THEWHOLEESTATE AND EFFECTS REAL AND PERSONAL HERITABLE ANDMOVEABLE OF EVERY DENOMINATION AND WHERESOEVERSITUATEDWHICH PERTAINED TO THE SAID DECEASED COLONELROBERT MACKENZIEAND TO RESPECT THE SAID ALEXANDER MCKENZIE HAS NOWRIGHT INVIRTUE OF THE GENERAL DISPOSITION ABOVE NOMINATEDTO SUE FORUPLIFT AND RECOVER ALL DEBTS AND SUMS OF MONEY DUEAND ADEBTEDTO THE SAID DECEASED COLONEL ROBERT MACKENZIE IEAND ONPAYMENT TO GRANT RECEIPTS AND DISCHARGE FOR THESAMEWHICH SHALL BE AS VALID AND EFFECTUAL TO THERECEIVERS AS
  • 87. IF GRANTED BY US TO SETTLE COMPOUND AND TRANSACTFOR ALLDEBTS CLAIMS AND DEMANDS DUE AND UNPAID FROM THEESTATE OF THE SAID DECEASED COLONEL ROBERTMACKENZIEOR FOR WHICH THE SAID ALEXANDER MCKENZIE MAY ANYWAYSBE LIABLE AS REPRESENTING HEIRS AND TO PURSUE ANDDEFEND ALLACTIONS AT LAW THAT MAY BE NECESSARY FORASCERTAININGTHE AMOUNT OF THE SAID DEBTS AND SUMS OF MONEY DUETO THE SAIDDECEASED COLONEL ROBERT MCKENZIE AS WELL AS THESUMSDUE AND UNPAID AFFECTING HIS ESTATE AND TO ENTER INTOTHE GENERAL OR PARTICULAR SUBMISSIONS IN REGARD TOSUCH DEBTS CLAIMS AND DEMANDS BINDING AND OBLIGINGUSAND THE SAID ALEXANDER MACKENZIE TO ABIDE BY ANDIMPLEMENTAND FULFIL OUR PART OF THE AMICABLE DECISIONS ANDDECREETS ARBITRAL TO BE PRONOUNCED IN SUCHSUBMISSIONSAND GENERALLY WITH FULL POWER TO OUR SAID FACTOR TODOEVERY OTHER THING FOR EFFECTING A SPEEDY ANDDISTINCTARRANGEMENT OF THE AFFAIRS OF THE SAID DECEASEDCOLONELROBERT MACKENZIE AND BRINGING HIS ESTATE ANDEFFECTS TO THEBEST ACCOUNT FOR BEHOOF OF THE SAID ALEXANDERMACKENZIEAND OUR OTHER PUPILS ABOVE NAMED THAT WE COULD DOOURSELVES AS TUTORS NOMINATE OR THAT IT IS LEGALLYCOMPETENTFOR ANY FACTOR AND AGENT TO DO IN THE LIKE CASE TOBINDINGTHEREBY AND OBLIGING US TO RATIFY CONFIRM APPROVEWHATEVER OUR SAID FACTOR SHALL LAWFULLY DO ORCAUSE TOBE DONE IN THE PREMISES AND DECLARING THAT HE SHALLNOT BE LIABLE FOR OMISSIONS BUT ONLY FOR HIS ACTUALINTROMISSIONS OF WHICH BY ACCEPTANCE HEREOF HESHALL
  • 88. BE BOUND AND OBLIGED TOACCOUNT AS OFTEN AS REQUIRED ANDREGISTRATION HEREOF IN THE BOOKS OF COUNCIL ANDSESSIONOR ANY OTHERS COMPETENTAND FOR THAT PART IN FULL CONSTITUTEIN WITNESS WHEREOF THESE PRESENTS WRITEN UPON THISANDTWO PRECEEDING PAGES OF STAMPED PAPER BY ALEXANDERDUFF CLERK TO THE SAID JOSEPH GORDON ARESUBSCRIBEDBY US AS FOLLOWS BY US AS FOLLOWS VIZ... BY ME THE SAIDCAPTAIN GEORGE SACKVILLE SUTHERLAND AT EDINBURGHTHESIXTH DAY OF SEPTEMBER 1809 YEARS IS BEFORE THE SAIDALEXANDERSTUART WRITER IN EDINBURGH AND THE SAID ALEXANDERDUFFAND BY ME THE SAID MRSKATHARINE MCKENZIE AT MILMOUNTTHE 30/11/1809 FORSAID BEFORE THESE JAMESMACGOWANTEACHER AT MILLMOUNT AND JOHN MONTGOMERYPOSTMASTERPARKHILL.SIGNED JAMES MACGOWAN 30/11/1809JOHN MONTGOMERYALEXANDER STUART 26/09/1809ALEXANDER DUFFKATHARINE MACKENZIEGEORGE SACKVILLE SUTHERLANDGD305/1/128/17.IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDEDBETWIXT THEPARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE INTHE SERVICEOF THE HONOURABLE EAST INDIA COMPANY ON THE ONEPART AND MISSKATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OFTHE DECEASTCOLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE ANDCONSENTOF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPATHER BROTHERGERMAN ON THE OTHER PART IN MANNER FOLLOWING THATIS TO SAYTHE SAID COLL ROBERT MACKENZIE AND MISS KATHERINE
  • 89. SUTHERLANDHAVING CONCURRED A MUTUAL LOVE AND AFFECTION FORONEANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OFEACH OTHERFOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGETHEM TOSOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALLCONCONCIENTSPEED IN CONTEMPLATION OF WHICH MARRIAGE THE SAIDCOLL ROBERTMCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRSEXECUTERSAND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENTS OF HER SURVIVING HIM ANDINDEPENDENTOF THE ADDITION THERETO IN THE EVENT HEREIN AFTERMENTIONEDALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDREDPOUNDSSTERLING AND THAT AT TWO TERMS IN THE YEARWHITSUNDAYAND MARTINMAS BY EQUALL PORTIONS BEGINNING THEFIRST TERMSPAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ONMARTINMAS AFTERHIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ONHALF YEARLYDURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PARTMOREOF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASEOF HAILLEAND THE DUE AND ORDINARY ANNUAL RENT THEREOFTHEREAFTERDURING THE NOT PAYMENT AND FURTHER THE SAIDCOLL.ROBERTBINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OFONECHILD MALE OR FEMALE BEING PROCREATED OF THISMARRIAGE BETWIXTHIM AND THE SAID MISS KATHERINE SUTHERLAND TOCONTENDAND PAY TO SUCH CHILD THE SUM OF THREE THOUSANTPOUNDSSTERLING TWO CHILDREN MALE OR FEMALE THE SUM OFTWO THOUSANT
  • 90. POUNDS STERLING EACH AND IF THREE OR MORE CHILDRENTHE SUMOF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TORECEIVE OF THAT SUM OF THREE THOUSAND POUNDSSTERLING ANDTHE REMAINING THREE THOUSAND POUNDS STERLING TO BEDIVIDED AMONGST THE YOUNGER CHILDREN IN SUCHPROPORTIONSAS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAYTHINKPROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT ANDAGAINSTTHE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HISDECEASEWITH A FIFTH PART MORE OF EACH CHILD PROVISION OFLIQUIDATEPENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARYANNUALRENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUTDECLARINGTHAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIESPREDECEASINGTHE SAID MISS KATHERINE SUTHERLAND AND THAT THEDISSOLUTIONTHE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERESHOULDBE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIMETHEMTHAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HERIN ANDSHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBYEMPOWEREDTO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIXTHOUSANTPOUNDS STERLING PROVIDED TO THE CHILDREN OF THEMARRIAGEIN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT INTHE EVENTOF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIEBEFORE THESAID MISS KATHERINE SUTHERLAND AND THAT THERESHOULDBE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING ATTHE TIME ANDTHAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FORANSWERING THESEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONED
  • 91. AND PAYINGTHE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TOTHE SAIDKATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALLIN THEMEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILLTHE DECEASEDOF THE SAID MISS KATHERINE SUTHERLAND AND THAT INEVERY EVENTTHE SUM OF FOUR THOUSAND POUNDS STERLING SHALLREMAIN CLEARAND UNTOUCHED FOR ANSWERING THE SAID ANNUITYDURING ALLTHE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITYOF THE SAIDMISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAIDEVENTUALLANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OFTHE MARRIAGEBEFORE MENTION THE SAID COLL. ROBERT MCKINZIEASSIGNS ANDCONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITYAFTERMENTIONED WITH THE SECURITIES THEREFORE AS WILLCOMPLETELYSATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVENTHOUSANTEIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME INTHEEIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIESBY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OFMAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREEAND THE LAST DATED THE FIRST DAY OF NOVEMBER ONETHOUSANTEIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNTCURRENTBETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HISAGENTSAT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUMOF TWENTYTHOUSANT DIVA RUPEES VESTED BY HIM IN THE SAIDGOVERNMENTSECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIALLOANOBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONETHOUSANDSEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TO
  • 92. THE AMOUNTOF EIGHT THOUSANT ONE HUNDRED AND FORTY ONEPOUNDS VESTEDBY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OFGREATBRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMASCOUTTSAND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNTCURRENTWITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAYLASTAND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THISDATE ASRELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THESUMOF SIX HUNDRED POUNDS STERLING VESTED IN THE SAIDFUNDSSINCE THAT PERIOD WITH POWER TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENT OF HER SURVIVING THE SAIDAFFIDATESPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THESAIDYEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANTTHEREFOREAND GENERALLY EVERY OTHERTHING THEREANENT TO DOTHATHE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IFSHESHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERTMCKINZIEBINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVESTTHE SAIDSUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISHFUNDSIN HER NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAYOUT THE SAME OR HERITABLE SECURITY AND TO TAKE THESECURITYTHEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THEDAYSOF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGEIN THEEVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR INPARTAS CIRCUMSTANCES MAY BE THEIR SAID PROVISIONDECLARING ALSOTHAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGE
  • 93. SHALL DURINGTHE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATEDSUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HISDECEASEPREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITYTHAT THEIRSAID MOTHER SHALL BE THEIR TUTORS AND CURATORS ANDSHALLUPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THEMONEYSBEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THEAGE OFFIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY ATMARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION ANDMAINTAINANCEAND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THEEVENTOF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIMASSIGNSCONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEESAS HEROWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLDFURNITUREAND PLENISHING OF EVERY DENOMINATION BED AND TABLELINEN------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERYARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHINGTHATSHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNIONBETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSINGWITH THE GENERALITY HEREOF AND ADMITTING THE SAME TOBE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERYARTICLETHEN BELONGING TO HIM WERE HEREIN PARTICULARYINSERTEDMOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBYRENOUNCESAND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORSANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OROTHERWAYSTO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGINGTO THESAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAYHEREAFTERHAVE RIGHT ANY MANNER OF WAY AND PARTICULARYWITHOUTPREDUDICE TO THE GENERALITY FORESAID TO A BOND FOR
  • 94. FIVEHUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWENBAILLIEOF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OFPROVISIONMADE IN HER FAVOUR BY HEIRS AND DECEASED FATHERDECLARINGTHE SAME HER OWN PROPERTY AND AS HER DISPOSAL INANYMANNER SHE MAY THINK PROPER WITHOUT HIS CONCENTARE APPROBATION AND FURTHER THE SAID COLL.ROBERTMCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIMHIS HEIRSAND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEESWHOMSOEVERUNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEUDUTY PAYABLEOUT THEREOF HERITABLE AND IRREDEEMABLE ALL ANDHAILLE THATHOUSE LYING IN THE VILLAGE OF NEW TARBET CALLEDMILMOUNTCALLED MILLMOUNT WICH THE GARDEN BACK CLOSEAND WHOLE PARTS PENDICLES AND PERTINENTS THERETOBELONGINGBOUNDED ON THE WEST BY THE HIGH ROAD LEADINGTHROUGHMILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THESAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HISRIGHTS ANDINFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIRAND COUNTYOF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHTOF PROPERTYAND POSSESSION WHICH HE CAN CLAIM OR PRETENDTHERETO ANY MANNEROF WAY IN WHICH HOUSE WITH THE GARDEN ANDPERTINENTS BEFOREMENTIONED THE SAID COLL.ROBERT MCKINZIE BIND ANDOBLIGES HIM HISHEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HERITABLE ANDIRREDEEMABLEAND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THEONE
  • 95. WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THESAIDINFEFTMENT BY RESIGNATION HEREBY MAKES ANDCONSTITUTESAND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED----AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVINGGRANTINGAND COMMITTING TO THEM FULL POWER WARRANT ANDCOMMISSIONFOR HIM AND IN HIS NAME TO COMPEAR HEREFORHIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTSOR THEIR COMMISSIONERS HAVING POWER TO RECEIVERESIGNATIONSAND TO GRANT NEW INFEFTEMENTS THEREON AND THATUPONTHE GROUND THEREOF AT ANY TIME LAWFULL ANDCONVENIENTAND THEM AND THERE WITH ALL DUE REVERENCE ANDHUMILITYAS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON ASUSEIS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL.ROBERT MCKINZIEHEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVERGIVESAND DELIVERS ALL AND HAILLE THE HOUSE GARDEN ANDPERTINENTSCALLED MILLMOUNT LYING IN THE SAID VILLAGE OFMILMOUNT OF NEWTARBET PARISH OF KILMUIR AND COUNTY OF ROSSAFORESAID ASDESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSAOR ASTHE SAME ARE MORE PARTICULARY BOUNDED ANDDESCRIBED IN HISRIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HISIMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR ANDFORNEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN ANDGRANTEDTO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSEIN SUCH DUE AND COMPETENT FORM AS OFFERS ALLINSTRUMENTSAND DOCUMENTS THEREAPON TO TAKE AND GENERALLYEVERY
  • 96. OTHERTHING THEREANNENT TO DO WHICH HE COULD DOHIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBYPROMISESTO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICHDISPOSITIONAND SUBJECTS THEREBY CONVEYED THE SAID COLL.ROBERT MCKINZIEBINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TOWARRANT TOTHE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSE ANDHER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY ASLAWWILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISSKATHERINESUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS ANDASSIGNEESNOT ONLY IN AND TO THE RENTS MAILLS AND DUTIESTHEREOF IN TIMECOMING BUT ALSO IN AND TO THE TITLES WRITS ANDEVIDENTS THEREOFCONCEIVED INFAVOUR OF HIM HIS PREDECESSORS ORAUTHORS AND WHICHASSIGNATION ABOVE WRITEN HE HEREBY BINDS ANDOBLIGES HIMAND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FARAS CONCERNSTHE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALLDEADLY AS LAWWILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS ANDDUTIES FROMHIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT ISHEREBY AGREEDUPON BETWIX THE PARTIES THAT EXECUTION SHALL PASSHEREON AT THEINSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLESUTHERLANDROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENTAND COLL.ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE ORMORE OF THEMOR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIEFORIMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAIDMISS KATHERINESUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THEPROVISION
  • 97. AND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIRFAVOUR ANDDECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE-------YEARS AND DAY FROM THE SOLEMNIZATION THEREOFWITHOUT ALIVING CHILD BEING HEARD BUT YET THIS PRESENTCONTRACT SHALLSUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THESAIDMISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TOTHECONTRARY NOTWITHSTANDING AND THEY CONSENT TO THERESIGNATION HEREOF IN THE BOOKS OF COUNCIL ANDSESSIONOTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATIONAND IF NEED BE THAT ALL EXECUTION NECESSARY MAYPASS AND BE DIRECT HEREIN AS OFFERS AND THERETOTHEY CONSTITUTE THEIR PROCULATORS ANDCOMMISSIONERSALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLANDMAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN ANDPERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBYDESIRES ANDREQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HISBAILLIESIN THAT PART HEREBY SPEEDILY CONSTITUTE THESEPRESENTS-------- PASS TO THE SAID SUBJECTS AND THERE GIVE ANDDELIVERTO THE SAID MISS KATHERINE SUTHERLAND HERITABLESTATEAND SASINE REAL AND ACTUALL AND CORPOREALPOSSESSIONOF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTSBEFOREDESCRIBED OR AS THE SAME ARE MORE PARTICULARYDESCRIBEDIN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELDAS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THESAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OFKILMUIRAND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLESANDPERTINENTS THERETO BELONGING AND THAT BY DELIVERINGTO THE SAID MISS KATHERINE SUTHERLAND OR HERATTORNEY
  • 98. OR ATTORNEYS WHOM NAME BEARER HEREOF------------------------------------------------------------------------------------------------------SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDERTHEBURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THISINNOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL.ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOUCONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THISHISPRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECTIN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBEDTHESEPRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOFWROTEUPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULYSTAMPEDWORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OFROSSBRAILANGWELL THE FIFETEENTH DAY OF AUGUST 1801YEARSBEFORE THESE WITNESSES THE SAID COLL.ALEXANDERBAILLIE OFKNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THESAIDTHOMAS SUTER WRITER HEREOF.ROBERT MCKINZIEKATHARINE SUTHERLANDGEORGE SACKVILLE SUTHERLANDALEXANDER BAILLIE WITNESSALEXANDER BAILLIE HIS SON WITNESSTHOMAS SUTER WITNESSGD305/1/128/17.IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDEDBETWIXT THEPARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE INTHE SERVICEOF THE HONOURABLE EAST INDIA COMPANY ON THE ONEPART AND MISSKATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OFTHE DECEASTCOLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE ANDCONSENTOF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPATHER BROTHERGERMAN ON THE OTHER PART IN MANNER FOLLOWING THATIS TO SAY
  • 99. THE SAID COLL ROBERT MACKENZIE AND MISS KATHERINESUTHERLANDHAVING CONCURRED A MUTUAL LOVE AND AFFECTION FORONEANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OFEACH OTHERFOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGETHEM TOSOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALLCONCONCIENTSPEED IN CONTEMPLATION OF WHICH MARRIAGE THE SAIDCOLL ROBERTMCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRSEXECUTERSAND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENTS OF HER SURVIVING HIM ANDINDEPENDENTOF THE ADDITION THERETO IN THE EVENT HEREIN AFTERMENTIONEDALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDREDPOUNDSSTERLING AND THAT AT TWO TERMS IN THE YEARWHITSUNDAYAND MARTINMAS BY EQUALL PORTIONS BEGINNING THEFIRST TERMSPAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ONMARTINMAS AFTERHIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ONHALF YEARLYDURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PARTMOREOF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASEOF HAILLEAND THE DUE AND ORDINARY ANNUAL RENT THEREOFTHEREAFTERDURING THE NOT PAYMENT AND FURTHER THE SAIDCOLL.ROBERTBINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OFONECHILD MALE OR FEMALE BEING PROCREATED OF THISMARRIAGE BETWIXTHIM AND THE SAID MISS KATHERINE SUTHERLAND TOCONTENDAND PAY TO SUCH CHILD THE SUM OF THREE THOUSANTPOUNDSSTERLING TWO CHILDREN MALE OR FEMALE THE SUM OF
  • 100. TWO THOUSANTPOUNDS STERLING EACH AND IF THREE OR MORE CHILDRENTHE SUMOF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TORECEIVE OF THAT SUM OF THREE THOUSAND POUNDSSTERLING ANDTHE REMAINING THREE THOUSAND POUNDS STERLING TO BEDIVIDED AMONGST THE YOUNGER CHILDREN IN SUCHPROPORTIONSAS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAYTHINKPROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT ANDAGAINSTTHE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HISDECEASEWITH A FIFTH PART MORE OF EACH CHILD PROVISION OFLIQUIDATEPENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARYANNUALRENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUTDECLARINGTHAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIESPREDECEASINGTHE SAID MISS KATHERINE SUTHERLAND AND THAT THEDISSOLUTIONTHE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERESHOULDBE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIMETHEMTHAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HERIN ANDSHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBYEMPOWEREDTO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIXTHOUSANTPOUNDS STERLING PROVIDED TO THE CHILDREN OF THEMARRIAGEIN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT INTHE EVENTOF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIEBEFORE THESAID MISS KATHERINE SUTHERLAND AND THAT THERESHOULDBE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING ATTHE TIME ANDTHAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FORANSWERING THE
  • 101. SEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONEDAND PAYINGTHE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TOTHE SAIDKATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALLIN THEMEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILLTHE DECEASEDOF THE SAID MISS KATHERINE SUTHERLAND AND THAT INEVERY EVENTTHE SUM OF FOUR THOUSAND POUNDS STERLING SHALLREMAIN CLEARAND UNTOUCHED FOR ANSWERING THE SAID ANNUITYDURING ALLTHE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITYOF THE SAIDMISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAIDEVENTUALLANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OFTHE MARRIAGEBEFORE MENTION THE SAID COLL. ROBERT MCKINZIEASSIGNS ANDCONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITYAFTERMENTIONED WITH THE SECURITIES THEREFORE AS WILLCOMPLETELYSATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVENTHOUSANTEIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME INTHEEIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIESBY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OFMAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREEAND THE LAST DATED THE FIRST DAY OF NOVEMBER ONETHOUSANTEIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNTCURRENTBETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HISAGENTSAT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUMOF TWENTYTHOUSANT DIVA RUPEES VESTED BY HIM IN THE SAIDGOVERNMENTSECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIALLOANOBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONETHOUSAND
  • 102. SEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TOTHE AMOUNTOF EIGHT THOUSANT ONE HUNDRED AND FORTY ONEPOUNDS VESTEDBY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OFGREATBRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMASCOUTTSAND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNTCURRENTWITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAYLASTAND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THISDATE ASRELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THESUMOF SIX HUNDRED POUNDS STERLING VESTED IN THE SAIDFUNDSSINCE THAT PERIOD WITH POWER TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENT OF HER SURVIVING THE SAIDAFFIDATESPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THESAIDYEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANTTHEREFOREAND GENERALLY EVERY OTHERTHING THEREANENT TO DOTHATHE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IFSHESHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERTMCKINZIEBINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVESTTHE SAIDSUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISHFUNDSIN HER NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAYOUT THE SAME OR HERITABLE SECURITY AND TO TAKE THESECURITYTHEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THEDAYSOF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGEIN THEEVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR INPARTAS CIRCUMSTANCES MAY BE THEIR SAID PROVISIONDECLARING ALSO
  • 103. THAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGESHALL DURINGTHE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATEDSUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HISDECEASEPREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITYTHAT THEIRSAID MOTHER SHALL BE THEIR TUTORS AND CURATORS ANDSHALLUPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THEMONEYSBEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THEAGE OFFIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY ATMARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION ANDMAINTAINANCEAND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THEEVENTOF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIMASSIGNSCONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEESAS HEROWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLDFURNITUREAND PLENISHING OF EVERY DENOMINATION BED AND TABLELINEN------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERYARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHINGTHATSHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNIONBETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSINGWITH THE GENERALITY HEREOF AND ADMITTING THE SAME TOBE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERYARTICLETHEN BELONGING TO HIM WERE HEREIN PARTICULARYINSERTEDMOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBYRENOUNCESAND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORSANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OROTHERWAYSTO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGINGTO THESAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAYHEREAFTERHAVE RIGHT ANY MANNER OF WAY AND PARTICULARYWITHOUT
  • 104. PREDUDICE TO THE GENERALITY FORESAID TO A BOND FORFIVEHUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWENBAILLIEOF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OFPROVISIONMADE IN HER FAVOUR BY HEIRS AND DECEASED FATHERDECLARINGTHE SAME HER OWN PROPERTY AND AS HER DISPOSAL INANYMANNER SHE MAY THINK PROPER WITHOUT HIS CONCENTARE APPROBATION AND FURTHER THE SAID COLL.ROBERTMCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIMHIS HEIRSAND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEESWHOMSOEVERUNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEUDUTY PAYABLEOUT THEREOF HERITABLE AND IRREDEEMABLE ALL ANDHAILLE THATHOUSE LYING IN THE VILLAGE OF NEW TARBET CALLEDMILMOUNTCALLED MILLMOUNT WICH THE GARDEN BACK CLOSEAND WHOLE PARTS PENDICLES AND PERTINENTS THERETOBELONGINGBOUNDED ON THE WEST BY THE HIGH ROAD LEADINGTHROUGHMILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THESAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HISRIGHTS ANDINFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIRAND COUNTYOF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHTOF PROPERTYAND POSSESSION WHICH HE CAN CLAIM OR PRETENDTHERETO ANY MANNEROF WAY IN WHICH HOUSE WITH THE GARDEN ANDPERTINENTS BEFOREMENTIONED THE SAID COLL.ROBERT MCKINZIE BIND ANDOBLIGES HIM HISHEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HERITABLE ANDIRREDEEMABLEAND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THE
  • 105. ONEWITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THESAIDINFEFTMENT BY RESIGNATION HEREBY MAKES ANDCONSTITUTESAND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED----AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVINGGRANTINGAND COMMITTING TO THEM FULL POWER WARRANT ANDCOMMISSIONFOR HIM AND IN HIS NAME TO COMPEAR HEREFORHIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTSOR THEIR COMMISSIONERS HAVING POWER TO RECEIVERESIGNATIONSAND TO GRANT NEW INFEFTEMENTS THEREON AND THATUPONTHE GROUND THEREOF AT ANY TIME LAWFULL ANDCONVENIENTAND THEM AND THERE WITH ALL DUE REVERENCE ANDHUMILITYAS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON ASUSEIS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL.ROBERT MCKINZIEHEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVERGIVESAND DELIVERS ALL AND HAILLE THE HOUSE GARDEN ANDPERTINENTSCALLED MILLMOUNT LYING IN THE SAID VILLAGE OFMILMOUNT OF NEWTARBET PARISH OF KILMUIR AND COUNTY OF ROSSAFORESAID ASDESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSAOR ASTHE SAME ARE MORE PARTICULARY BOUNDED ANDDESCRIBED IN HISRIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HISIMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR ANDFORNEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN ANDGRANTEDTO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSEIN SUCH DUE AND COMPETENT FORM AS OFFERS ALLINSTRUMENTSAND DOCUMENTS THEREAPON TO TAKE AND GENERALLY
  • 106. EVERYOTHERTHING THEREANNENT TO DO WHICH HE COULD DOHIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBYPROMISESTO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICHDISPOSITIONAND SUBJECTS THEREBY CONVEYED THE SAID COLL.ROBERT MCKINZIEBINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TOWARRANT TOTHE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSE ANDHER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY ASLAWWILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISSKATHERINESUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS ANDASSIGNEESNOT ONLY IN AND TO THE RENTS MAILLS AND DUTIESTHEREOF IN TIMECOMING BUT ALSO IN AND TO THE TITLES WRITS ANDEVIDENTS THEREOFCONCEIVED INFAVOUR OF HIM HIS PREDECESSORS ORAUTHORS AND WHICHASSIGNATION ABOVE WRITEN HE HEREBY BINDS ANDOBLIGES HIMAND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FARAS CONCERNSTHE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALLDEADLY AS LAWWILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS ANDDUTIES FROMHIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT ISHEREBY AGREEDUPON BETWIX THE PARTIES THAT EXECUTION SHALL PASSHEREON AT THEINSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLESUTHERLANDROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENTAND COLL.ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE ORMORE OF THEMOR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIEFORIMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAIDMISS KATHERINESUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THE
  • 107. PROVISIONAND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIRFAVOUR ANDDECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE-------YEARS AND DAY FROM THE SOLEMNIZATION THEREOFWITHOUT ALIVING CHILD BEING HEARD BUT YET THIS PRESENTCONTRACT SHALLSUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THESAIDMISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TOTHECONTRARY NOTWITHSTANDING AND THEY CONSENT TO THERESIGNATION HEREOF IN THE BOOKS OF COUNCIL ANDSESSIONOTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATIONAND IF NEED BE THAT ALL EXECUTION NECESSARY MAYPASS AND BE DIRECT HEREIN AS OFFERS AND THERETOTHEY CONSTITUTE THEIR PROCULATORS ANDCOMMISSIONERSALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLANDMAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN ANDPERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBYDESIRES ANDREQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HISBAILLIESIN THAT PART HEREBY SPEEDILY CONSTITUTE THESEPRESENTS-------- PASS TO THE SAID SUBJECTS AND THERE GIVE ANDDELIVERTO THE SAID MISS KATHERINE SUTHERLAND HERITABLESTATEAND SASINE REAL AND ACTUALL AND CORPOREALPOSSESSIONOF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTSBEFOREDESCRIBED OR AS THE SAME ARE MORE PARTICULARYDESCRIBEDIN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELDAS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THESAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OFKILMUIRAND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLESANDPERTINENTS THERETO BELONGING AND THAT BY DELIVERINGTO THE SAID MISS KATHERINE SUTHERLAND OR HER
  • 108. ATTORNEYOR ATTORNEYS WHOM NAME BEARER HEREOF------------------------------------------------------------------------------------------------------SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDERTHEBURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THISINNOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL.ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOUCONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THISHISPRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECTIN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBEDTHESEPRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOFWROTEUPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULYSTAMPEDWORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OFROSSBRAILANGWELL THE FIFETEENTH DAY OF AUGUST 1801YEARSBEFORE THESE WITNESSES THE SAID COLL.ALEXANDERBAILLIE OFKNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THESAIDTHOMAS SUTER WRITER HEREOF.ROBERT MCKINZIEKATHARINE SUTHERLANDGEORGE SACKVILLE SUTHERLANDALEXANDER BAILLIE WITNESSALEXANDER BAILLIE HIS SON WITNESSTHOMAS SUTER WITNESSrd 3.331.831. factoryROBERT MCKENZIESOMETIMES IN THE SERVICE OF THEHONOURABLE EASTINDIA COMPANY AND CAPTAIN GEORGE SACKVILLESUTHERLAND RESIDINGAT RHIVES WHEREAS THE SAID DECEASED COLONEL ROBERTMCKENZIEBY DISPOSITION AND DEED OF SETTLEMENT BEARING DATETHE TWENTYSIXTH DAY OF NOVEMBER EIGHTEEN HUNDRED AND TWOYEARS ANDRECORDED IN THE BOOKS OF COUNCIL AND SESSION( OFFICE W.B. )THE THIRTIETH DAY OF JULY EIGHTEEN HUNDRED AND NINE
  • 109. GAVEGRANTED AND DISPONED TO AND IN FAVOUR OF ALEXANDERMACKENZIE HIS ELDEST LAWFUL SON WHOMFAILING ASTHEREINMENTIONED UNDER THE CONDITIONS AND WITH THEPROVISIONSTHEREIN EXPRESSED ALL ESTATE AND EFFECTS REALPERSONALHERITABLE AND MOVEABLE THAT SHOULD PERTAIN ANDBELONGTO HIM AT THE TIME OF HIS DEATH AND HE NOMINATED ANDAPPOINTED THE SAID ALEXANDER MACKENZIE WHOM FAILINGTHE PERSONS THEREIN MENTIONED TO BE HIS SOLEEXECUTORSAND MOREOVER AS HE JUDGED IT PRUDENT TO NAMETUTORSAND CURATORS TO THE SAID ALEXANDER MACKENZIE HISSONAND TO ANY OTHER CHILD OR CHILDREN WHO MIGHT BEPROCREATED OF THE MARRIAGE TWIXT HIM AND ME THE SAIDMRS KATHERINE MACKENZIE AND HAVING ENTIRECONFIDENCEIN US THE SAID MRS KATHARINE MACKENZIE AND GEORGESACKVILLESUTHERLAND AND IN COLONEL LEWIS GRANT OFACHAIRNOCHLATE IN THE SERVICE OF THE HONOURABLE EAST INDIACOMPANYCAPTAIN CHARLES GRANT IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY ON THE BENGAL ESTABLISHMENTCOLONEL WILLIAM DUNCAN IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICEOF THE SAID COMPANY AND SOMETIME AID DE CAMP TO THEMARQUIS WELLESBY AND COLIN MACKENZIE WRITER TO THESIGNETONE OF THE PRINCIPAL CLERKS OF SESION HE THEREFORNOMINATED AND APPOINTED US AND THE SAID LEWIS GRANTCHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLINMACKENZIE AND THE ACCEPTING SURVIVORS OR SURVIVOROF US AND THEM TO BE TUTORS AND CURATORS TO THE SAIDALEXANDER MACKENZIE HIS SON AND TO SUCH OTHER CHILDOR CHILDREN AS MIGHT BE PROCREATED OF THE SAIDMARRIAGEOF THE SAID ALEXANDER MACKENZIE AND FOR US AND INOUR
  • 110. NAMES AS TUTORS AS AFORESAID TO INTROMET WITH ANDENTER ON THE POSSESSION AND MANAGEMENT OF THEWHOLE ESTATE AND EFFECTS REAL AND PERSONALHERITABLEAND MOVEABLE OF EVERY DENOMINATION ANDWHERESOEVERSITUATED WHICH PERTAINED TO THE SAID DECEASEDCOLONELROBERT MACKENZIE AND TO WHICH THE SAID ALEXANDERMACKENZIEHAS NOW RIGHT IN VIRTUE OF THE GENERAL DISPOSITIONABOVENARRATED TO SUE FOR UPLIFT AND RECOVER ALL ADDEBTEDTO THE SAID DECEASED COLONEL ROBERT MCKENZIE ANDONPAYMENT TO GRANT RECEIPTS AND DISCHARGES FOR THESAMEWHICH SHALL BE AS VALID AND EFFECTUAL TO THERECEIVERSIF GRANTED BY US TO SETTLE COMPOUND AND TRANSACTFOR ALLDEBTS CLAIMS AND DEMANDS DUE AND UNPAID FROM THEESTATEOF THE DECEASED COLONEL ROBERT MACKENZIE FORWHICH THESAID ALEXANDER MACKENZIE MAY ANYWAYS BE LIABLEAS REPRESENTING HIM AND TO PURSUE AND DEFENDABLEACTIONAT LAW THAT MAY BE NECESSARY FOR ASCERTAINING THEAMOUNTS OF THE SAID DEBTS AND SUMS OF MONEY DUE TOTHE SAIDDECEASED COLONEL ROBERT MACKENZIE AS WELL AS THESUMSDUE AND UNPAID AFFECTING HIS ESTATE AND TO ENTER INTOGENERAL OR PARTICULAR SUBMISSIONS IN REGARDS TOSUCH DEBTSCLAIMS AND DEMANDS BINDING AND OBLIGING US AND THESAIDALEXANDER MACKENZIE TO ABIDE BY AND IMPLEMENT ANDFULFILLOUR PART OF THE AMICABLE DECISIONS AND DECREETSARBITRALTO BE PRONOUNCED IN SUCH SUBMISSIONS ANDGENERALLYWITH FULL POWER TO OUR SAID FACTOR TO DO EVERYOTHERTHING FOR EFFECTING A SPEEDY AND DISTINCT
  • 111. ARRANGEMENTOF THE AFFAIRS OF THE SAID DECEASED COLONEL ROBERTMACKENZIE AND BRINGING HIS ESTATE AND EFFECTS TO THEBEST ACCOUNT FOR BEHOOF OF THE SAID ALEXANDERMACKENZIEAND OUR OTHER PUPILS ABOVE NAMED THAT WE COULD DOOURSELVESAS TUTORS NOMINATE OR THAT IT IS LEGALLY COMPETENTFORMARRIAGE DURING THE WHOLE PERIOD OF THEIRRESPECTIVEPUPILARITIES AND MINORITIES DECLARING THAT THEMAJORITYOF THE PERSONS THEREIN AND ABOVE NAMED ACCEPTINGAND ALIVEAT THE TIME OR ANY ONE OF THEM ACCEPTING ANDSURVIVING THE RESTSHOULD BE A QUORUM AND WHEREEAS THE SAID LEWISGRANTCHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLINMCKENZIEHAVE DECLINED TO ACCEPT OR ACT UNDER THE NOMINATIONOFTUTORS AND CURATORS ABOVE NARRATED SO THAT WE THESAIDMRS KATHARINE MACKENZIE AND GEORGE SACKVILLESUTHERLANDARE THE ONLY ACCEPTING TUTORS NOMINATED OF THE SAIDALEXANDER MACKENZIE AND OF ELIZABETH BAILLIEMACKENZIEMARGARET SUTHERLAND MACKENZIE AND JAMESSUTHERLAND MACKENZIE THE YOUNGER CHILDREN OF THESAIDCOLONEL ROBERT MACKENZIE PROCREATED OF HIS SAIDMARRIAGEALL OF WHOM ARE MINORS WITHIN THE YEARS OFPUPILLARITY ANDON ENTERING ON THE ADMINISTRATION AND MANAGEMENTOF THE ESTATEWHICH PERTAINED TO THE SAID COLONEL ROBERTMACKENZIEFOR BEHOOF OF OUR SAID PUPILS TUTORS FORESAID WEFIND IT NECESSARYFOR THE PURPOSE OF SPEADILY AND EFFECTINGEXTRICATINGTHE SAMEBY PAYMENT OF THE DEBTS DUE BY THE SAID DECEASEDCOLONEL
  • 112. ROBERT MACKENZIE AND INVESTING THE RESIDUE OF THESAID ESTATEIN THE MANNER MOST BENEFICIAL FOR OUR SAID PUPILSAND ALLOTHERS CONCERNED TO APPOINT A FIT PERSON TO BE OURAGENT ANDFACTOR WITH POWERS TO BE OUR AGENT AND FACTOR WITHPOWERSTO INTROMIT WITH THE SAME ESTATE AND EFFECTS FOR USAND IN OURNAMES AS TUTORS FORESAID AND HAVING ENTIRECONFIDENCEIN THE CAPACITY AND INTEGRITY OF JOSEPH GORDONWRITERTO THE SIGNET THEREFOR WE HAVE NOMINATEDCONSTITUTEDAND APPOINTED US WE DO HEREBY NOMINATED CONSTITUTEANDAPPOINT THE SAID JOSEPH GORDON TO BE OUR AGENT ANDFACTORGIVING GRANTING AND COMMITTING POWER TO HIM FOR ANDIN THE NAME FOR ANY FACTOR OR ANY AGENT TO DO IN THELIKE CASEBINDING HEREBY AND OBLIGING US TO RATIFY CONFIRM ANDAPPOINTWHATEVER OUR SAID FACTOR SHALL LAWFULLY DO ORCAUSE TO BE DONEIN THE PREMISES AND DECLARING THAT HE SHALL NOT BELIABLE FOROMISSIONS BUT ONLY FOR HIS ACTUAL INTROMISSIONS OFWHICHBY ACCEPTING HEREOF HE SHALL BE BOUND AND OBLIGEDTO RENDERA TRUE AND JUST ACCOUNT AS OFTEN AS REQUIRES AND WECONSENTTO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCILANDSESSION OR ANY OTHERS COMPETENT THEREIN TO REMAINFORPRESENTATION AND FOR THAT EFFECT WE CONSTITUTE MRTHOMASTHOMSON ADVOCATE PROCURATOR IN WITNESS WHEREOFTHESEPRESENTS WRITEN UPON THIS AND THE TWO PRECEEDINGPAGES OF STAMPTED PAPER BY ALEXANDER DUFF CLERK TOTHE SAID JOSEPH GORDON ARE SUBSCRIBED BY USFOLLOWS
  • 113. VIZ. BY THE SAID CAPTAIN GEORGE SACKVILLE SUTHERLANDAT EDINBURGH THE 26/09/1809 YEARS BEFORE THESEWITNESSSESALEXANDER STUART WRITER EDINBURGHALEXANDER DUFF CLERKMRS KATHARINE MACKENZIE MILMOUNT 30/11/1809BEFORE THESE WITNESSESMR JAMES MACGOWAN TEACHER MILMOUNTMR JOHN MONTGOMERY POSTMASTER PARKHILLSIGNED KATHARINE MACKENZIE GEORGE SUTHERLANDJAMES MACGOWAN WITNESS JOHN MONTGOMERYWITNESS ALEXANDER STUART ALEXANDER DUFFGEORGE COLIN janet mackenzie * donald mcdonald sirroderick mckenzie ofTARBETSEAFORTH SEAFORTH sister to EARL OFB.23/1/1627 SEAFORTH 1ST james mcdonald margaretmckenzieD.august 1651 m,23/2/1633will reg CC 8. 7/1/1684donald mcdonald 3rd bt * mary douglasdonald mcdonald 4th bt * mary mcdonaldsimon mckenzie known * AGNES FRASER d. 1718as WILLIAM FRASER OF OF CULBOCKIECULBOKIEsir donald mcdonald 5th btb. 1697.d. unn 1720KENNETH MCKENZIE OF sir james mcdonald 6th bt * janetmcleodDUNDONEL HAD A DAUGHTER sir alexander mcdonald 7th bt* ann erskine ofco forfarSIBELLA THAT MARRIED BELOW WIDOW OF LORDOGILVIEJOHN MCKENZIE OF ARDLOCH OF AIRLIEALEXANDER MACKENZIE b.1711.OF ARDLOCH m. 1st 5/4/1733AND KINNELLAN d.27/11/1735B. 1652 ARDLOCHM.1675 ROSS james mcdonald 8th btD. 1736 ARDLOCH b.1742.BROTHER TO EARL OF CROMARTY. d.26/7/1766 unm. romesir alexander mcdonald 9th bt1st lord mcdonald peerage ireland 17th july 1776JOHN MACKENZIE OF ARDLOCH * SIBELLA baron mcdonald ofslate and co antrim
  • 114. B.1664 ARDLOCH married 3 may 1768 ellza diana of yorkN.1691D.1726sir alexander wentworth mcdonald 10th bt.ALEXANDER MACKENZIE OF ARDLOCH b.9.december 1773B.1692 ARDLOCH AND ASSYNT ROSS. d.19 june 1824succeded by his brother.M.16/9/1732D.21/5/1778 sir godfrey bosville mcdonald * louisa maria lacoastBARONY OF TROTTERNISH KILMUIR SKYE natural daughterof dukeCS 235.11.1.MISC. of gloucester.11th bt. barony of novascotia and irish baronyb.14/10/1775 edinburgh.ROBERT MCKENZIE * KATHARINE SUTHERLAND m.29/5/1803.OF H.E.I.C. INDIA. B.09/1/1773B.1743 ARDLOCH ROSS D.1840 KILMUIR ROSS.M.15.8.1801 BRAILANGWELL ROSSD.28TH APRIL 1809 ROSS.ALEXANDER MACKENZIEOF ROYSTON,CROMARTY GRANDVILLE DECREET 1826.ETC.B.16/5/1802 CASTLE STREET EDINBURGHM. KILMUIR EASTER ROSS NEAR MILTON.GEORGE COLIN janet mackenzie * donald mcdonald sirroderick mckenzie of TARBETSEAFORTH SEAFORTH sister to EARL OFB.23/1/1627 SEAFORTH 1ST james mcdonald margaretmckenzieD.august 1651 m,23/2/1633will reg CC 8. 7/1/1684donald mcdonald 3rd bt * mary douglasdonald mcdonald 4th bt * mary mcdonaldsimon mckenzie known * AGNES FRASER d. 1718as WILLIAM FRASER OF OF CULBOCKIECULBOKIEsir donald mcdonald 5th btb. 1697.d. unn 1720KENNETH MCKENZIE OF sir james mcdonald 6th bt * janetmcleodDUNDONEL HAD A DAUGHTER sir alexander mcdonald 7th bt* ann erskine ofco forfarSIBELLA THAT MARRIED BELOW WIDOW OF LORDOGILVIE
  • 115. JOHN MCKENZIE OF ARDLOCH OF AIRLIEALEXANDER MACKENZIE b.1711.OF ARDLOCH m. 1st 5/4/1733AND KINNELLAN d.27/11/1735B. 1652 ARDLOCHM.1675 ROSS james mcdonald 8th btD. 1736 ARDLOCH b.1742.BROTHER TO EARL OF CROMARTY. d.26/7/1766 unm. romesir alexander mcdonald 9th bt1st lord mcdonald peerage ireland 17th july 1776JOHN MACKENZIE OF ARDLOCH * SIBELLA baron mcdonald ofslate and co antrimB.1664 ARDLOCH married 3 may 1768 ellza diana of yorkN.1691D.1726sir alexander wentworth mcdonald 10th bt.ALEXANDER MACKENZIE OF ARDLOCH b.9.december 1773B.1692 ARDLOCH AND ASSYNT ROSS. d.19 june 1824succeded by his brother.M.16/9/1732D.21/5/1778 sir godfrey bosville mcdonald * louisa maria lacoastBARONY OF TROTTERNISH KILMUIR SKYE natural daughterof dukeCS 235.11.1.MISC. of gloucester.11th bt. barony of novascotia and irish baronyb.14/10/1775 edinburgh.ROBERT MCKENZIE * KATHARINE SUTHERLAND m.29/5/1803.OF H.E.I.C. INDIA. B.09/1/1773B.1743 ARDLOCH ROSS D.1840 KILMUIR ROSS.M.15.8.1801 BRAILANGWELL ROSSD.28TH APRIL 1809 ROSS.ALEXANDER MACKENZIEOF ROYSTON,CROMARTY GRANDVILLE DECREET 1826.ETC.B.16/5/1802 CASTLE STREET EDINBURGHM. KILMUIR EASTER ROSS NEAR MILTON.D. 28/4/1841 CALCUTTA INDIAGEORGE COLIN janet mackenzie * donald mcdonald sirroderick mckenzie of TARBETSEAFORTH SEAFORTH sister to EARL OFB.23/1/1627 SEAFORTH 1ST james mcdonald margaretmckenzieD.august 1651 m,23/2/1633will reg CC 8. 7/1/1684donald mcdonald 3rd bt * mary douglasdonald mcdonald 4th bt * mary mcdonald
  • 116. simon mckenzie known * AGNES FRASER d. 1718as WILLIAM FRASER OF OF CULBOCKIECULBOKIEsir donald mcdonald 5th btb. 1697.d. unn 1720KENNETH MCKENZIE OF sir james mcdonald 6th bt * janetmcleodDUNDONEL HAD A DAUGHTER sir alexander mcdonald 7th bt* ann erskine of coforfarSIBELLA THAT MARRIED BELOW WIDOW OF LORDOGILVIEJOHN MCKENZIE OF ARDLOCH OF AIRLIEALEXANDER MACKENZIE b.1711.OF ARDLOCH m. 1st 5/4/1733AND KINNELLAN d.27/11/1735B. 1652 ARDLOCHM.1675 ROSS james mcdonald 8th btD. 1736 ARDLOCH b.1742.BROTHER TO EARL OF CROMARTY. d.26/7/1766 unm. romesir alexander mcdonald 9th bt1st lord mcdonald peerage ireland 17th july 1776JOHN MACKENZIE OF ARDLOCH * SIBELLA baron mcdonald ofslate and co antrimB.1664 ARDLOCH married 3 may 1768 ellza diana of yorkN.1691D.1726sir alexander wentworth mcdonald 10th bt.ALEXANDER MACKENZIE OF ARDLOCH b.9.december 1773B.1692 ARDLOCH AND ASSYNT ROSS. d.19 june 1824succeded by his brother.M.16/9/1732D.21/5/1778 sir godfrey bosville mcdonald * louisa maria lacoastBARONY OF TROTTERNISH KILMUIR SKYE natural daughterof dukeCS 235.11.1.MISC. of gloucester.11th bt. barony of novascotia and irish baronyb.14/10/1775 edinburgh.ROBERT MCKENZIE * KATHARINE SUTHERLAND m.29/5/1803.OF H.E.I.C. INDIA. B.09/1/1773B.1743 ARDLOCH ROSS D.1840 KILMUIR ROSS.M.15.8.1801 BRAILANGWELL ROSSD.28TH APRIL 1809 ROSS.ALEXANDER MACKENZIE
  • 117. OF ROYSTON,CROMARTY GRANDVILLE DECREET 1826.ETC.B.16/5/1802 CASTLE STREET EDINBURGHM. KILMUIR EASTER ROSS NEAR MILTON.GEORGE COLIN janet mackenzie * donald mcdonald sirroderick mckenzie of TARBETSEAFORTH SEAFORTH sister to EARL OFB.23/1/1627 SEAFORTH 1ST james mcdonald margaretmckenzieD.august 1651 m,23/2/1633will reg CC 8. 7/1/1684donald mcdonald 3rd bt * mary douglasdonald mcdonald 4th bt * mary mcdonaldsimon mckenzie known * AGNES FRASER d. 1718as WILLIAM FRASER OF OF CULBOCKIECULBOKIEsir donald mcdonald 5th btb. 1697.d. unn 1720KENNETH MCKENZIE OF sir james mcdonald 6th bt * janetmcleodDUNDONEL HAD A DAUGHTER sir alexander mcdonald 7th bt* ann erskine of coforfarSIBELLA THAT MARRIED BELOW WIDOW OF LORDOGILVIEJOHN MCKENZIE OF ARDLOCH OF AIRLIEALEXANDER MACKENZIE b.1711.OF ARDLOCH m. 1st 5/4/1733AND KINNELLAN d.27/11/1735B. 1652 ARDLOCHM.1675 ROSS james mcdonald 8th btD. 1736 ARDLOCH b.1742.BROTHER TO EARL OF CROMARTY. d.26/7/1766 unm. romesir alexander mcdonald 9th bt1st lord mcdonald peerage ireland 17th july 1776JOHN MACKENZIE OF ARDLOCH * SIBELLA baron mcdonald ofslate and co antrimB.1664 ARDLOCH married 3 may 1768 ellza diana of yorkN.1691D.1726sir alexander wentworth mcdonald 10th bt.ALEXANDER MACKENZIE OF ARDLOCH b.9.december 1773B.1692 ARDLOCH AND ASSYNT ROSS. d.19 june 1824succeded by his brother.M.16/9/1732D.21/5/1778 sir godfrey bosville mcdonald * louisa maria lacoast
  • 118. BARONY OF TROTTERNISH KILMUIR SKYE natural daughterof dukeCS 235.11.1.MISC. of gloucester.11th bt. barony of novascotia and irish baronyb.14/10/1775 edinburgh.ROBERT MCKENZIE * KATHARINE SUTHERLAND m.29/5/1803.OF H.E.I.C. INDIA. B.09/1/1773B.1743 ARDLOCH ROSS D.1840 KILMUIR ROSS.M.15.8.1801 BRAILANGWELL ROSSD.28TH APRIL 1809 ROSS.ALEXANDER MACKENZIEOF ROYSTON,CROMARTY GRANDVILLE DECREET 1826.ETC.B.16/5/1802 CASTLE STREET EDINBURGHM. KILMUIR EASTER ROSS NEAR MILTON.D. 28/4/1841 CALCUTTA INDIAGD305/1/128/17.IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDEDBETWIXT THEPARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE INTHE SERVICEOF THE HONOURABLE EAST INDIA COMPANY ON THE ONEPART AND MISSKATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OFTHE DECEASTCOLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE ANDCONSENTOF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPATHER BROTHERGERMAN ON THE OTHER PART IN MANNER FOLLOWING THATIS TO SAYTHE SAID COLL ROBERT MACKENZIE AND MISS KATHERINESUTHERLANDHAVING CONCURRED A MUTUAL LOVE AND AFFECTION FORONEANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OFEACH OTHERFOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGETHEM TOSOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALLCONCONCIENTSPEED IN CONTEMPLATION OF WHICH MARRIAGE THE SAIDCOLL ROBERTMCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRSEXECUTERSAND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISSKATHERINE
  • 119. SUTHERLAND IN THE EVENTS OF HER SURVIVING HIM ANDINDEPENDENTOF THE ADDITION THERETO IN THE EVENT HEREIN AFTERMENTIONEDALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDREDPOUNDSSTERLING AND THAT AT TWO TERMS IN THE YEARWHITSUNDAYAND MARTINMAS BY EQUALL PORTIONS BEGINNING THEFIRST TERMSPAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ONMARTINMAS AFTERHIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ONHALF YEARLYDURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PARTMOREOF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASEOF HAILLEAND THE DUE AND ORDINARY ANNUAL RENT THEREOFTHEREAFTERDURING THE NOT PAYMENT AND FURTHER THE SAIDCOLL.ROBERTBINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OFONECHILD MALE OR FEMALE BEING PROCREATED OF THISMARRIAGE BETWIXTHIM AND THE SAID MISS KATHERINE SUTHERLAND TOCONTENDAND PAY TO SUCH CHILD THE SUM OF THREE THOUSANTPOUNDSSTERLING TWO CHILDREN MALE OR FEMALE THE SUM OFTWO THOUSANTPOUNDS STERLING EACH AND IF THREE OR MORE CHILDRENTHE SUMOF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TORECEIVE OF THAT SUM OF THREE THOUSAND POUNDSSTERLING ANDTHE REMAINING THREE THOUSAND POUNDS STERLING TO BEDIVIDED AMONGST THE YOUNGER CHILDREN IN SUCHPROPORTIONSAS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAYTHINKPROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT ANDAGAINSTTHE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HISDECEASEWITH A FIFTH PART MORE OF EACH CHILD PROVISION OF
  • 120. LIQUIDATEPENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARYANNUALRENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUTDECLARINGTHAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIESPREDECEASINGTHE SAID MISS KATHERINE SUTHERLAND AND THAT THEDISSOLUTIONTHE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERESHOULDBE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIMETHEMTHAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HERIN ANDSHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBYEMPOWEREDTO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIXTHOUSANTPOUNDS STERLING PROVIDED TO THE CHILDREN OF THEMARRIAGEIN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT INTHE EVENTOF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIEBEFORE THESAID MISS KATHERINE SUTHERLAND AND THAT THERESHOULDBE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING ATTHE TIME ANDTHAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FORANSWERING THESEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONEDAND PAYINGTHE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TOTHE SAIDKATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALLIN THEMEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILLTHE DECEASEDOF THE SAID MISS KATHERINE SUTHERLAND AND THAT INEVERY EVENTTHE SUM OF FOUR THOUSAND POUNDS STERLING SHALLREMAIN CLEARAND UNTOUCHED FOR ANSWERING THE SAID ANNUITYDURING ALLTHE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITYOF THE SAID
  • 121. MISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAIDEVENTUALLANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OFTHE MARRIAGEBEFORE MENTION THE SAID COLL. ROBERT MCKINZIEASSIGNS ANDCONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITYAFTERMENTIONED WITH THE SECURITIES THEREFORE AS WILLCOMPLETELYSATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVENTHOUSANTEIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME INTHEEIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIESBY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OFMAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREEAND THE LAST DATED THE FIRST DAY OF NOVEMBER ONETHOUSANTEIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNTCURRENTBETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HISAGENTSAT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUMOF TWENTYTHOUSANT DIVA RUPEES VESTED BY HIM IN THE SAIDGOVERNMENTSECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIALLOANOBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONETHOUSANDSEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TOTHE AMOUNTOF EIGHT THOUSANT ONE HUNDRED AND FORTY ONEPOUNDS VESTEDBY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OFGREATBRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMASCOUTTSAND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNTCURRENTWITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAYLASTAND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THISDATE ASRELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THESUM
  • 122. OF SIX HUNDRED POUNDS STERLING VESTED IN THE SAIDFUNDSSINCE THAT PERIOD WITH POWER TO THE SAID MISSKATHERINESUTHERLAND IN THE EVENT OF HER SURVIVING THE SAIDAFFIDATESPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THESAIDYEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANTTHEREFOREAND GENERALLY EVERY OTHERTHING THEREANENT TO DOTHATHE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IFSHESHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERTMCKINZIEBINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVESTTHE SAIDSUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISHFUNDSIN HER NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAYOUT THE SAME OR HERITABLE SECURITY AND TO TAKE THESECURITYTHEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THEDAYSOF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGEIN THEEVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR INPARTAS CIRCUMSTANCES MAY BE THEIR SAID PROVISIONDECLARING ALSOTHAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGESHALL DURINGTHE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATEDSUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HISDECEASEPREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITYTHAT THEIRSAID MOTHER SHALL BE THEIR TUTORS AND CURATORS ANDSHALLUPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THEMONEYSBEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THEAGE OFFIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY ATMARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION ANDMAINTAINANCE
  • 123. AND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THEEVENTOF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIMASSIGNSCONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEESAS HEROWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLDFURNITUREAND PLENISHING OF EVERY DENOMINATION BED AND TABLELINEN------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERYARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHINGTHATSHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNIONBETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSINGWITH THE GENERALITY HEREOF AND ADMITTING THE SAME TOBE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERYARTICLETHEN BELONGING TO HIM WERE HEREIN PARTICULARYINSERTEDMOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBYRENOUNCESAND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORSANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OROTHERWAYSTO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGINGTO THESAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAYHEREAFTERHAVE RIGHT ANY MANNER OF WAY AND PARTICULARYWITHOUTPREDUDICE TO THE GENERALITY FORESAID TO A BOND FORFIVEHUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWENBAILLIEOF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OFPROVISIONMADE IN HER FAVOUR BY HEIRS AND DECEASED FATHERDECLARINGTHE SAME HER OWN PROPERTY AND AS HER DISPOSAL INANYMANNER SHE MAY THINK PROPER WITHOUT HIS CONCENTARE APPROBATION AND FURTHER THE SAID COLL.ROBERTMCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIMHIS HEIRSAND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISSKATHERINE
  • 124. SUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEESWHOMSOEVERUNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEUDUTY PAYABLEOUT THEREOF HERITABLE AND IRREDEEMABLE ALL ANDHAILLE THATHOUSE LYING IN THE VILLAGE OF NEW TARBET CALLEDMILMOUNTCALLED MILLMOUNT WICH THE GARDEN BACK CLOSEAND WHOLE PARTS PENDICLES AND PERTINENTS THERETOBELONGINGBOUNDED ON THE WEST BY THE HIGH ROAD LEADINGTHROUGHMILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THESAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HISRIGHTS ANDINFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIRAND COUNTYOF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHTOF PROPERTYAND POSSESSION WHICH HE CAN CLAIM OR PRETENDTHERETO ANY MANNEROF WAY IN WHICH HOUSE WITH THE GARDEN ANDPERTINENTS BEFOREMENTIONED THE SAID COLL.ROBERT MCKINZIE BIND ANDOBLIGES HIM HISHEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISSKATHERINESUTHERLAND HIS AFFIDATE SPOUSE HERITABLE ANDIRREDEEMABLEAND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THEONEWITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THESAIDINFEFTMENT BY RESIGNATION HEREBY MAKES ANDCONSTITUTESAND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED----AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVINGGRANTINGAND COMMITTING TO THEM FULL POWER WARRANT ANDCOMMISSIONFOR HIM AND IN HIS NAME TO COMPEAR HEREFORHIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTSOR THEIR COMMISSIONERS HAVING POWER TO RECEIVERESIGNATIONSAND TO GRANT NEW INFEFTEMENTS THEREON AND THAT
  • 125. UPONTHE GROUND THEREOF AT ANY TIME LAWFULL ANDCONVENIENTAND THEM AND THERE WITH ALL DUE REVERENCE ANDHUMILITYAS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON ASUSEIS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL.ROBERT MCKINZIEHEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVERGIVESAND DELIVERS ALL AND HAILLE THE HOUSE GARDEN ANDPERTINENTSCALLED MILLMOUNT LYING IN THE SAID VILLAGE OFMILMOUNT OF NEWTARBET PARISH OF KILMUIR AND COUNTY OF ROSSAFORESAID ASDESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSAOR ASTHE SAME ARE MORE PARTICULARY BOUNDED ANDDESCRIBED IN HISRIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HISIMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR ANDFORNEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN ANDGRANTEDTO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSEIN SUCH DUE AND COMPETENT FORM AS OFFERS ALLINSTRUMENTSAND DOCUMENTS THEREAPON TO TAKE AND GENERALLYEVERYOTHERTHING THEREANNENT TO DO WHICH HE COULD DOHIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBYPROMISESTO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICHDISPOSITIONAND SUBJECTS THEREBY CONVEYED THE SAID COLL.ROBERT MCKINZIEBINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TOWARRANT TOTHE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATESPOUSE ANDHER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY ASLAWWILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISSKATHERINE
  • 126. SUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS ANDASSIGNEESNOT ONLY IN AND TO THE RENTS MAILLS AND DUTIESTHEREOF IN TIMECOMING BUT ALSO IN AND TO THE TITLES WRITS ANDEVIDENTS THEREOFCONCEIVED INFAVOUR OF HIM HIS PREDECESSORS ORAUTHORS AND WHICHASSIGNATION ABOVE WRITEN HE HEREBY BINDS ANDOBLIGES HIMAND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FARAS CONCERNSTHE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALLDEADLY AS LAWWILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS ANDDUTIES FROMHIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT ISHEREBY AGREEDUPON BETWIX THE PARTIES THAT EXECUTION SHALL PASSHEREON AT THEINSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLESUTHERLANDROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENTAND COLL.ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE ORMORE OF THEMOR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIEFORIMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAIDMISS KATHERINESUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THEPROVISIONAND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIRFAVOUR ANDDECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE-------YEARS AND DAY FROM THE SOLEMNIZATION THEREOFWITHOUT ALIVING CHILD BEING HEARD BUT YET THIS PRESENTCONTRACT SHALLSUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THESAIDMISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TOTHECONTRARY NOTWITHSTANDING AND THEY CONSENT TO THERESIGNATION HEREOF IN THE BOOKS OF COUNCIL ANDSESSION
  • 127. OTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATIONAND IF NEED BE THAT ALL EXECUTION NECESSARY MAYPASS AND BE DIRECT HEREIN AS OFFERS AND THERETOTHEY CONSTITUTE THEIR PROCULATORS ANDCOMMISSIONERSALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLANDMAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN ANDPERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBYDESIRES ANDREQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HISBAILLIESIN THAT PART HEREBY SPEEDILY CONSTITUTE THESEPRESENTS-------- PASS TO THE SAID SUBJECTS AND THERE GIVE ANDDELIVERTO THE SAID MISS KATHERINE SUTHERLAND HERITABLESTATEAND SASINE REAL AND ACTUALL AND CORPOREALPOSSESSIONOF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTSBEFOREDESCRIBED OR AS THE SAME ARE MORE PARTICULARYDESCRIBEDIN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELDAS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THESAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OFKILMUIRAND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLESANDPERTINENTS THERETO BELONGING AND THAT BY DELIVERINGTO THE SAID MISS KATHERINE SUTHERLAND OR HERATTORNEYOR ATTORNEYS WHOM NAME BEARER HEREOF------------------------------------------------------------------------------------------------------SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDERTHEBURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THISINNOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL.ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOUCONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THISHISPRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECTIN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBEDTHESEPRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOFWROTE
  • 128. UPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULYSTAMPEDWORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OFROSSBRAILANGWELL THE FIFETEENTH DAY OF AUGUST 1801YEARSBEFORE THESE WITNESSES THE SAID COLL.ALEXANDERBAILLIE OFKNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THESAIDTHOMAS SUTER WRITER HEREOF.ROBERT MCKINZIEKATHARINE SUTHERLANDGEORGE SACKVILLE SUTHERLANDALEXANDER BAILLIE WITNESSALEXANDER BAILLIE HIS SON WITNESSTHOMAS SUTER WITNESSRS3 /1528LORD MCDONALD TO THE COMMISSIONERS TO HIGHLANDCHURCHSAT EDINBURGH 26 DECEMBER 1828 YEARS BETWEEN THEHOURS OFTHREE AND FOUR AFTER NOON THE CONVEYANCE UNDERWRITENWAS PRESENTED BY ADAM HATTON WRITER IN EDINBURGHANDIS RECORDED IN THE ONE THOUSANT FIVE HUNDRED ANDTWENTYEIGHTH BOOK OF THE NEW GENERAL REGISTER OF SASINESREVERSIONS AND CONFORM TO THE ACT OF PARLIAMENTMADETHEREANENT IN JUNE 1617 AND WHEREOF THE TENORFOLLOWSVIZ... I THE RIGHT HONOURABLE SIR GODFREY BOSVILLEMACDONALD BARONET LORD MACDONALD HERITABLEPROPRIETOROF THE SUBJECTS AFTER CONVEYED AS HEIR OF ENTAILSPECIALLYEMPOWERED TO AUTHORISED TO GRANT THE CONVEYANCEUNDERWRITTEN BY VIRTUE OF THE ACT OF PARLIAMENT HEREINAFTERRECITED WHEREBY SECTION NINTH IT IS INTER ALIA ENACTEDTHAT IT SHALL AND MAY BE LAWFUL FOR ANY HEIR OF ENTAILIN SCOTLAND WITH OR WITHOUT VALUABLE CONSIDERATIONTO GIVE AND GRANT HERITABLY AND IRREDEMABLY TO THECOMMISSIONERS ACTING IN THE EXECUTION OF THE SAID
  • 129. ACT OF PARLIAMENT SUCH LAND OR HERITAGE BELONGINGTOTHEM AS MAY BE NECESSARY FOR ALL OR ANY OF THEPURPOSES SPECIFIED THEREIN DO HEREBY GRANT DISPONEAND CONVEY FROM ME AND MY HEIRS OF ENTAIL IN THELANDSAND OTHERS AFTER MENTIONED TO THE COMMISSIONERSACTING IN THE EXECUTION OF THE SAID ACT OF PARLIAMENTPASSED IN THE FIFTH YEAR OF THE REIGN OF HIS MAJESTYKING GEORGE THE FOURTH ENTITLED AN ACT TO AMENDAN ACT FOR BUILDING ADDITIONAL PLACES OF WORSHIPIN THE HIGHLANDS AND ISLANDS OF SCOTLAND ALLAND WHOLE THAT PIECE OF GROUND NEARLY OF ARECTANGULARFORM PART OF THE FARM GEARRIGHFADA AND JOINING THEFARM OF STENSCHOLL DISTRICT OF TROTTERNISH IN THEISLAND OF SKYE UPON WHICH THE SAID COMMISSIONERSHAVEUNDER THE PROVISIONS OF THE SAID ACT OF PARLIAMENTERECTED A CHURCH AND A MANSE OR DWELLING HOUSEFOR THE MINISTER TO BE APPOINTED TO OFFICIATEAT THE SAID CHURCH A PORTION OF WHICH GROUND LYINGTOWARD THE CENTRE OF THE SAID PIECE OF GROUND ANDAPONWHICH BOTH THE SAID CHURCH AND MANSE HAVE BEENBUILTAS APPROPRIATED AS A GARDEN BEING INCLOSED WITHSTONE WALLSERECTED BY THE SAID COMMISSIONERS AND THE REMAINDEROF WHICH PIECE OF GROUND LYING BOTH TO THE SOUTHAND NORTHOF THE SAID GARDEN IS APPROPRIATED AS A GLEBE FOR THEUSE OF THE SAID MINISTER WHICH PIECE OF GROUNDINCLUDINGTHE SITE OF THE SAID CHURCH AND MANSE THE GARDENAND THE GLEBE CONTAINED AN AREA OF 2 ACRES 3 ROODS19 FALLS AND ONE EL OR THEREBY IN SCOTS LANDMEASURE LIES WHOLLY WITHIN THE SAID FARM OFGEARRIGHFADAON THE SOUTH SIDE OR RIGHT BANK OF THE RIVERKILMARTINWHICH IS THE BOUNDARY OF THE SAID PIECE OF LAND ONTHENORTH AND OPPOSITE TO THE FARM OF STENSCHOLL ANDTHEBOUNDERIES OF WHICH SO FAR AS NOT DESIGNATED BY THESTONE
  • 130. WALLS OF THE SAID GARDEN AND THE SAID RIVER OFKILMARTINARE MARKED ON THE SOUTH EAST AND WEST SIDES BYMARCHSTONES INFIXED AND WHICH PIECE OF GROUND ISDESCRIBEDON A PLAN OR SKETCH MADE BY MR JOSEPH MITCHELLSURVEYOREMPLOYED BY THE SAID COMMISSIONERS AND SUBSCRIBEDBY ME ASRELATIVE TO THESE PRESENTS AND IS PART AND PORTIONOFMY SAID FARM OF GEARRIGHFADA LYING IN THE ISLAND OFSKYEWITHIN THE BARONY OF MACDONALD PARISH OF KILMUIRLORDSHIP OF THE ISLES AND SHERIFFDOM OF INVERNESSTOGETHER WITH THE LANDS PARSONAGE AND VICARAGEOF THE SAID PIECE OF GROUND HEREBY CONVEY ANDALL MY RIGHT TITLE AND INTEREST IN AND TO THE SAIDSUBJECT AND EVERY PART THEREOF WITH FREE ISH ANDENTRY TO THE SAID PIECE OF GROUND HEREBY DISPONEDAND WITH THE PRIVILIGE TO THE MINISTER OF STENSCHOLLOR GEARRIGHFADA AND HIS SUCCESSORS IN OFFICE OFCUTTING WINNING AND CARVING AWAY PEATS FROMONE OF THE MOSSES IN THE CONVENIENT NEIGHBOURHOODBELONGING TO ME AND ALSO WITH THE PRIVILEGE OFGRAZING HIS HORSE AND TWO COWS UPON ONE OF THEFARMS IN THE CONVENIENT NEIGHBORHOOD BELONGINGTO ME AS THE SAME SHALL BE FIXED FOR THE TIME BEINGBY ME AND MY FORESAIDS AND SHALL BE POINTED OUT BYOURCHAMBERLAIN TO HOLD TO THE SAME COMMISSIONERS ORSUCHPERSON OR PERSONS AS THEY SHALL APPOINT TO BEDEVOTEDFOR EVER TO THE PURPOSES SPECIFIED IN AND BY VIRTUEOF AND ACCORDING TO THE TRUE INTENT AND MEANINGOF THE SAID ACT PASSED IN THE FIFTH YEAR OF THE REIGNOF HIS PRESENT MAJESTY AND I THE SAID LORD MACDONALDBIND AND OBLIGE MY SELF AND THE HEIRS OF ENTAILSUCCEEDING TO ME IN THE SAID BARONY OF MACDONALDTO FREE AND RELIEVE THE SAID SUBJECTS BEFOREDISPONEDOF ALL CESS MINISTERS STIPEND SCHOOLMASTERS SALARYFEU DUTY AND ALL OTHES PUBLIC AND PAROCHIAL BURDENSFROM AND AFTER THE TERM OF WHITSUNDAY 1828WHICH IS HEREBY DECLARED TO HAVE BEEN THE TERM
  • 131. OF THE SAID COMMISSIONERS ENTRY TO THE PREMISESAND FURTHER IN RESPECT THAT IT IS NECESSARYTHAT EFFECTUAL PROVISION SHOULD BE MADE FOR THEREPAIR OFSUCH PLACES OF WORSHIP AND DWELLINGHOUSES AND PREMISES THERETO ATTACHED AFTER THEYSHALL HAVE BEEN BUILT OR PROVIDED SO IT IS BYTHE EIGHTEENTH SECTION OF THE SAID RECITEDACT ENACTED THAT WITH RESPECT TO EVERY SUCHADDITIONAL PLACE OF WORSHIP THE HERITOR OR ANYTWO OF THE HERITORS APPLYING FOR THE SAME HIS ORTHEIR HEIRS AND SUCCESSORS IN THE LANDS SITUATEDWITHIN THE DISTRICT FOR WHICH SUCH ADDITIONAL PLACEOF WORSHIP SHALLBE SET APART TO BE SPECIFIED ANDDESCRIBED FOR THAT PURPOSE SHALL BY SUCHAPPLICATIONBE AND BECOME BOUND TO KEEP AND MAINTAIN SUCHADDITIONAL PLACE OF WORSHIP IN GOOD AND SUFFICIENTREPAIR TO THE EXTENT HEREIN AFTER LIMITED THAT ISTO SAY PROVIDED ALWAYS THAT THE PRESENT OF SUCHADDITIONALPLACE OF WORSHIP SHALL BE APPLIED TOWARDS THEREPAIROF SUCH ADDITIONAL PLACE OF WORSHIP AND ALSO OF THEDWELLING HOUSE AND OFFICES OF THE MINISTER IN FIRSTINSTANCE UNDER THE DIRECTION OF THE SURVEYORAPPOINTED BY THE COMMISSIONERS AND IN DEFAULT OFHIS GIVING SUCH DIRECTIONS DURING ONE WHOLEYEAR THEN UNDER THE DIRECTIONS OF THE HERITOR ORHERITORS UNDERTAKING FOR THE REPAIR OF SUCHADDITIONALPLACE OF WORSHIP OF THE MINISTER AND OF THEOFFICIATINGELDERS WHO ARE ALSO HEREBY EMPOWERED TO GIVEDIRECTIONFOR SMALL REPAIRS AT ANY TIME WHEN REQUISITE ANDPROVIDEDFURTHER THAT AFTER THE APPLICATION OF THE PEW RENTSTHEEXPENSE TO BE DEFRAYED BY THE SAID HERITOR ORHERITORSSO APPLYING HIS OR THEIRHEIRS AND SUCCESSORS ASAFORESAID SHALL NOT IN ANY ONE YEARS EXCEED THE SUMOFONE PER CENTUM UPON THE AMOUNT OF THE MONEYORIGINALLYEXPENDED IN THE BUILDING OR PURCHASING ANDCOMPLETING
  • 132. SUCH ADDITIONAL PLACE OF WORSHIP OR IN CASE OF GIFTOF ANYBUILDING FOR THAT PURPOSE IN LIKE MANNER NOTEXCEEDINGONE PER CENTUM UPON THE ORIGINALVALUE OF THE SAMEASESTIMATED BY THE SURVEYOR OF THE COMMISSIONERS TOWHICH EXTENT AND NO FURTHER THE SAID HERITOR ORHERITOR SHALL BE COMPELLABLE TO REPAIR THE SAME INSUCH MANNER AS HERITORS ARE COMPELLABLE BY LAWTO REPAIR PARISH CHURCHS IN SCOTLAND BUT IT ISFURTHERENACTED THAT THE PEW RENTS AS BEFORE MENTIONEDSHALLALSO BE SET APART AND APPLIED TO A CERTAIN EXTENT TOTHE REPAIR OF THE MINISTERS DWELLING HOUSE ANDOFFICESAS WELL AS TO THE REPAIR OF THE SAID ADDITIONAL PLACEOF WORSHIP THEREFOR I THE SAID LORD MACDONALD DOCONFESSAND DECLARE THAT IN RESPECT OFMY HAVING BEEN THEAPPLYINGHERITOR FOR THE SAID ADDITIONAL PLACE OF WORSHIP ATSTENSCHOLL THE FOLLOWING PARTS AND PORTIONS OF MYLANDSAT LEAST SO MUCH THEREFOR AS SHALL BE FOUND TO LYEWITHINTHE DISTRICT TO BE SET APART FOR THE SAID ADDITIONALPLACE OF WORSHIP TOGETHER WITH ANY OTHER LANDSBELONGINGTO ME WHICH SHALL BE FOUND TO LYE WITHIN THE DISTRICTTOBE SET APART FOR THE SAID ADDITIONAL PLACE OFWORSHIPARE UNDER THE SAID ACT OF PARLIAMENT BURDENED ANDAFFECTED IN THE PERSONS OF ME AND MY HEIRS OF ENTAILIN THE SAID LANDS IN A REAL BURDEN IS ERECTED THEREONIN FAVOUR OF THE SAID COMMISSIONER BY AND THROUGHTHEOBLIGATION TO KEEP AND MAINTAIN THE SAID ADDITIONALPLACE OF WORSHIP IN GOOD AND SUFFICIENT REPAIR IN THEMANNER WHICH IS IN THE SAID ACT OF PARLIAMENTPROVIDED VIZ... ALL AND WHOLE THE SAID FARMS OFGARRIGHFADA AND STENSCHOLL PARTS OF THE LANDS ANDBARONYOF MACDONALD PARISH OF KILMUIR WESTER ANDSHERIFFDOM
  • 133. OF INVERNESS AND IN FURTHER CORROBORATION OF THESAIDOBLIGATION I DO BY THESE PRESENTS BEND AND OBLIGEMYSELF AND MY HEIRS AND SUCCESSORS AND SPECIALLYMY HEIRS AND SUCCESORS IN THE LANDS SITUATED WITHINTHE DISTRICT TO BE SET APART FOR THE SAID ADDITIONALPLACE OF WORSHIP TO KEEP AND MAINTAIN THE SAIDADDITIONAL PLACE OF WORSHIP IN GOOD AND SUFFICIENTREPAIR TO THE EXTENT LIMITED AND AS PROVIDED BY THESAIDACT OF PARLIAMENT THE MAXIMUM IN ANY ONE YEAR BEINGIN THEPRESENT CASE ONE PER CENTUM UPON THE SUM OF SEVENHUNDREDAND FIFTY POUNDS STERLING BEING THE AMOUNT OF THEMONEYORIGINALLY EXPENDED IN BUILDING THE SAID CHURCH AND IDO FURTHER BEND AND OBLIGE MYSELF AND MY FORESAIDSTO GRANT SUBSCRIBE AND DELIVER AT THE EXPENSE OF THESAIDCOMMISSIONERS AND OTHER OBLIGATION DEED OR OTHERWRITINGWHICH THEY MAY REQUIRE OR DEMAND FOR BETTER ORMOREEFFECTUALLY CONVEYING THE SAID PIECE OF GROUND ANDOTHERTO THE SAID COMMISSIONERS AND COMFIRMING THE SAIDOBLIGATION HEREIN CONTAINED AGAINST ME MY HEIRSAND SUCCESSORS AND SPECIALLY MY HEIRS ANDSUCCESSORSIN THE LANDS SITUATED WITHIN THE SAID DISTRICTDECLARINGALWAYS AS IT IS HEREBY EXPRESSLY PROVIDED ANDDECLAREDTHAT NOTHING CONTAINED IN THE PRECEDING OBLIGATIONSHALLINFER AN IRRITANCY AGAINST ME OR MY FORESAIDS UNDERTHEENTAIL OF SAID LANDS AND BARONY OF MACDONALD NORBE CONSTRUED TO AFFECT OR BURDEN THE LANDS BEFOREDESCRIBED FOR THE PURPOSE OF THE REPAIR OF THE SAIDPLACE OF WORSHIP IN ANY MANNER INCONSISTENTWITH THE CONDITIONS OF THE SAID ENTAIL EXEPT IN SO FARASI AM AUTHORISED TO GRANT THE SAID OBLIGATION TO THEEFFECT FORESAID BY AND THROUGH THE BEFORE RECITEDACT OF PARLIAMENT AND WITH AND UNDER WHICH
  • 134. PROVISIONAND DECLARATION THE FORESAID OBLIGATION INSO FAR AS AFFECTS THE SAID ENTAILED ESTATE OR ANY PARTOF ITIS GRANTED AND NO OTHERWISE AND I CONSENT TO THEREGISTRATION HEREOF IN THE GENERAL OR PARTICULARREGISTER OF SASINES FOR PUBLICATION AND IN THE BOOKSOFCOUNCIL AND SESSION FOR PRESERVATION AND THAT ALLNECESSARY EXECUTION MAY PASS HEREON IN FORM ASEFFECTSAND FOR THAT PURPOSE CONSTITUTE MY PROCURATORSAND IN WITNESS WHEREOF I HAVE SET MY HAND TO THESEPRESENTS WRITTEN APON THIS AND THE TWO PRECEDINGPAGES OF STAMPED PAPER BY JAMES HATTON CLERK TOJAMES HOPE WRITER TO THE SIGNET TOGETHER WITHTHE MARGINAL NOTE ON PAGE THIRD HEREOF ALSO WRITTENBY THE SAID JAMES HATTON AT EDINBURGH THE TWENTYSECOND DAY OF DECEMBER EIGHTEEN HUNDRED ANDTWENTYEIGHT BEFORE THESE WITNESSES EDWARD HILLMANFOOTMANAND L.HALLMAN UNDER BUTLER TO ME THE SAID LORDMACDONALD SIGNED MACDONALD EDWARD HILLMANWITNESSL.HALLAM WRITEN BY A.RUSSELL.RS3 /1528LORD MCDONALD TO THE COMMISSIONERS TO HIGHLANDCHURCHSAT EDINBURGH 26 DECEMBER 1828 YEARS BETWEEN THEHOURS OFTHREE AND FOUR AFTER NOON THE CONVEYANCE UNDERWRITENWAS PRESENTED BY ADAM HATTON WRITER IN EDINBURGHANDIS RECORDED IN THE ONE THOUSANT FIVE HUNDRED ANDTWENTYEIGHTH BOOK OF THE NEW GENERAL REGISTER OF SASINESREVERSIONS AND CONFORM TO THE ACT OF PARLIAMENTMADETHEREANENT IN JUNE 1617 AND WHEREOF THE TENORFOLLOWSVIZ... I THE RIGHT HONOURABLE SIR GODFREY BOSVILLEMACDONALD BARONET LORD MACDONALD HERITABLEPROPRIETOROF THE SUBJECTS AFTER CONVEYED AS HEIR OF ENTAILSPECIALLY
  • 135. EMPOWERED TO AUTHORISED TO GRANT THE CONVEYANCEUNDERWRITTEN BY VIRTUE OF THE ACT OF PARLIAMENT HEREINAFTERRECITED WHEREBY SECTION NINTH IT IS INTER ALIA ENACTEDTHAT IT SHALL AND MAY BE LAWFUL FOR ANY HEIR OF ENTAILIN SCOTLAND WITH OR WITHOUT VALUABLE CONSIDERATIONTO GIVE AND GRANT HERITABLY AND IRREDEMABLY TO THECOMMISSIONERS ACTING IN THE EXECUTION OF THE SAIDACT OF PARLIAMENT SUCH LAND OR HERITAGE BELONGINGTOTHEM AS MAY BE NECESSARY FOR ALL OR ANY OF THEPURPOSES SPECIFIED THEREIN DO HEREBY GRANT DISPONEAND CONVEY FROM ME AND MY HEIRS OF ENTAIL IN THELANDSAND OTHERS AFTER MENTIONED TO THE COMMISSIONERSACTING IN THE EXECUTION OF THE SAID ACT OF PARLIAMENTPASSED IN THE FIFTH YEAR OF THE REIGN OF HIS MAJESTYKING GEORGE THE FOURTH ENTITLED AN ACT TO AMENDAN ACT FOR BUILDING ADDITIONAL PLACES OF WORSHIPIN THE HIGHLANDS AND ISLANDS OF SCOTLAND ALLAND WHOLE THAT PIECE OF GROUND NEARLY OF ARECTANGULARFORM PART OF THE FARM GEARRIGHFADA AND JOINING THEFARM OF STENSCHOLL DISTRICT OF TROTTERNISH IN THEISLAND OF SKYE UPON WHICH THE SAID COMMISSIONERSHAVEUNDER THE PROVISIONS OF THE SAID ACT OF PARLIAMENTERECTED A CHURCH AND A MANSE OR DWELLING HOUSEFOR THE MINISTER TO BE APPOINTED TO OFFICIATEAT THE SAID CHURCH A PORTION OF WHICH GROUND LYINGTOWARD THE CENTRE OF THE SAID PIECE OF GROUND ANDAPONWHICH BOTH THE SAID CHURCH AND MANSE HAVE BEENBUILTAS APPROPRIATED AS A GARDEN BEING INCLOSED WITHSTONE WALLSERECTED BY THE SAID COMMISSIONERS AND THE REMAINDEROF WHICH PIECE OF GROUND LYING BOTH TO THE SOUTHAND NORTHOF THE SAID GARDEN IS APPROPRIATED AS A GLEBE FOR THEUSE OF THE SAID MINISTER WHICH PIECE OF GROUNDINCLUDINGTHE SITE OF THE SAID CHURCH AND MANSE THE GARDENAND THE GLEBE CONTAINED AN AREA OF 2 ACRES 3 ROODS19 FALLS AND ONE EL OR THEREBY IN SCOTS LANDMEASURE LIES WHOLLY WITHIN THE SAID FARM OF
  • 136. GEARRIGHFADAON THE SOUTH SIDE OR RIGHT BANK OF THE RIVERKILMARTINWHICH IS THE BOUNDARY OF THE SAID PIECE OF LAND ONTHENORTH AND OPPOSITE TO THE FARM OF STENSCHOLL ANDTHEBOUNDERIES OF WHICH SO FAR AS NOT DESIGNATED BY THESTONEWALLS OF THE SAID GARDEN AND THE SAID RIVER OFKILMARTINARE MARKED ON THE SOUTH EAST AND WEST SIDES BYMARCHSTONES INFIXED AND WHICH PIECE OF GROUND ISDESCRIBEDON A PLAN OR SKETCH MADE BY MR JOSEPH MITCHELLSURVEYOREMPLOYED BY THE SAID COMMISSIONERS AND SUBSCRIBEDBY ME ASRELATIVE TO THESE PRESENTS AND IS PART AND PORTIONOFMY SAID FARM OF GEARRIGHFADA LYING IN THE ISLAND OFSKYEWITHIN THE BARONY OF MACDONALD PARISH OF KILMUIRLORDSHIP OF THE ISLES AND SHERIFFDOM OF INVERNESSTOGETHER WITH THE LANDS PARSONAGE AND VICARAGEOF THE SAID PIECE OF GROUND HEREBY CONVEY ANDALL MY RIGHT TITLE AND INTEREST IN AND TO THE SAIDSUBJECT AND EVERY PART THEREOF WITH FREE ISH ANDENTRY TO THE SAID PIECE OF GROUND HEREBY DISPONEDAND WITH THE PRIVILIGE TO THE MINISTER OF STENSCHOLLOR GEARRIGHFADA AND HIS SUCCESSORS IN OFFICE OFCUTTING WINNING AND CARVING AWAY PEATS FROMONE OF THE MOSSES IN THE CONVENIENT NEIGHBOURHOODBELONGING TO ME AND ALSO WITH THE PRIVILEGE OFGRAZING HIS HORSE AND TWO COWS UPON ONE OF THEFARMS IN THE CONVENIENT NEIGHBORHOOD BELONGINGTO ME AS THE SAME SHALL BE FIXED FOR THE TIME BEINGBY ME AND MY FORESAIDS AND SHALL BE POINTED OUT BYOURCHAMBERLAIN TO HOLD TO THE SAME COMMISSIONERS ORSUCHPERSON OR PERSONS AS THEY SHALL APPOINT TO BEDEVOTEDFOR EVER TO THE PURPOSES SPECIFIED IN AND BY VIRTUEOF AND ACCORDING TO THE TRUE INTENT AND MEANINGOF THE SAID ACT PASSED IN THE FIFTH YEAR OF THE REIGN
  • 137. OF HIS PRESENT MAJESTY AND I THE SAID LORD MACDONALDBIND AND OBLIGE MY SELF AND THE HEIRS OF ENTAILSUCCEEDING TO ME IN THE SAID BARONY OF MACDONALDTO FREE AND RELIEVE THE SAID SUBJECTS BEFOREDISPONEDOF ALL CESS MINISTERS STIPEND SCHOOLMASTERS SALARYFEU DUTY AND ALL OTHES PUBLIC AND PAROCHIAL BURDENSFROM AND AFTER THE TERM OF WHITSUNDAY 1828WHICH IS HEREBY DECLARED TO HAVE BEEN THE TERMOF THE SAID COMMISSIONERS ENTRY TO THE PREMISESAND FURTHER IN RESPECT THAT IT IS NECESSARYTHAT EFFECTUAL PROVISION SHOULD BE MADE FOR THEREPAIR OFSUCH PLACES OF WORSHIP AND DWELLINGHOUSES AND PREMISES THERETO ATTACHED AFTER THEYSHALL HAVE BEEN BUILT OR PROVIDED SO IT IS BYTHE EIGHTEENTH SECTION OF THE SAID RECITEDACT ENACTED THAT WITH RESPECT TO EVERY SUCHADDITIONAL PLACE OF WORSHIP THE HERITOR OR ANYTWO OF THE HERITORS APPLYING FOR THE SAME HIS ORTHEIR HEIRS AND SUCCESSORS IN THE LANDS SITUATEDWITHIN THE DISTRICT FOR WHICH SUCH ADDITIONAL PLACEOF WORSHIP SHALLBE SET APART TO BE SPECIFIED ANDDESCRIBED FOR THAT PURPOSE SHALL BY SUCHAPPLICATIONBE AND BECOME BOUND TO KEEP AND MAINTAIN SUCHADDITIONAL PLACE OF WORSHIP IN GOOD AND SUFFICIENTREPAIR TO THE EXTENT HEREIN AFTER LIMITED THAT ISTO SAY PROVIDED ALWAYS THAT THE PRESENT OF SUCHADDITIONALPLACE OF WORSHIP SHALL BE APPLIED TOWARDS THEREPAIROF SUCH ADDITIONAL PLACE OF WORSHIP AND ALSO OF THEDWELLING HOUSE AND OFFICES OF THE MINISTER IN FIRSTINSTANCE UNDER THE DIRECTION OF THE SURVEYORAPPOINTED BY THE COMMISSIONERS AND IN DEFAULT OFHIS GIVING SUCH DIRECTIONS DURING ONE WHOLEYEAR THEN UNDER THE DIRECTIONS OF THE HERITOR ORHERITORS UNDERTAKING FOR THE REPAIR OF SUCHADDITIONALPLACE OF WORSHIP OF THE MINISTER AND OF THEOFFICIATINGELDERS WHO ARE ALSO HEREBY EMPOWERED TO GIVEDIRECTIONFOR SMALL REPAIRS AT ANY TIME WHEN REQUISITE ANDPROVIDEDFURTHER THAT AFTER THE APPLICATION OF THE PEW RENTSTHE
  • 138. EXPENSE TO BE DEFRAYED BY THE SAID HERITOR ORHERITORSSO APPLYING HIS OR THEIRHEIRS AND SUCCESSORS ASAFORESAID SHALL NOT IN ANY ONE YEARS EXCEED THE SUMOFONE PER CENTUM UPON THE AMOUNT OF THE MONEYORIGINALLYEXPENDED IN THE BUILDING OR PURCHASING ANDCOMPLETINGSUCH ADDITIONAL PLACE OF WORSHIP OR IN CASE OF GIFTOF ANYBUILDING FOR THAT PURPOSE IN LIKE MANNER NOTEXCEEDINGONE PER CENTUM UPON THE ORIGINALVALUE OF THE SAMEASESTIMATED BY THE SURVEYOR OF THE COMMISSIONERS TOWHICH EXTENT AND NO FURTHER THE SAID HERITOR ORHERITOR SHALL BE COMPELLABLE TO REPAIR THE SAME INSUCH MANNER AS HERITORS ARE COMPELLABLE BY LAWTO REPAIR PARISH CHURCHS IN SCOTLAND BUT IT ISFURTHERENACTED THAT THE PEW RENTS AS BEFORE MENTIONEDSHALLALSO BE SET APART AND APPLIED TO A CERTAIN EXTENT TOTHE REPAIR OF THE MINISTERS DWELLING HOUSE ANDOFFICESAS WELL AS TO THE REPAIR OF THE SAID ADDITIONAL PLACEOF WORSHIP THEREFOR I THE SAID LORD MACDONALD DOCONFESSAND DECLARE THAT IN RESPECT OFMY HAVING BEEN THEAPPLYINGHERITOR FOR THE SAID ADDITIONAL PLACE OF WORSHIP ATSTENSCHOLL THE FOLLOWING PARTS AND PORTIONS OF MYLANDSAT LEAST SO MUCH THEREFOR AS SHALL BE FOUND TO LYEWITHINTHE DISTRICT TO BE SET APART FOR THE SAID ADDITIONALPLACE OF WORSHIP TOGETHER WITH ANY OTHER LANDSBELONGINGTO ME WHICH SHALL BE FOUND TO LYE WITHIN THE DISTRICTTOBE SET APART FOR THE SAID ADDITIONAL PLACE OFWORSHIPARE UNDER THE SAID ACT OF PARLIAMENT BURDENED ANDAFFECTED IN THE PERSONS OF ME AND MY HEIRS OF ENTAILIN THE SAID LANDS IN A REAL BURDEN IS ERECTED THEREONIN FAVOUR OF THE SAID COMMISSIONER BY AND THROUGH
  • 139. THEOBLIGATION TO KEEP AND MAINTAIN THE SAID ADDITIONALPLACE OF WORSHIP IN GOOD AND SUFFICIENT REPAIR IN THEMANNER WHICH IS IN THE SAID ACT OF PARLIAMENTPROVIDED VIZ... ALL AND WHOLE THE SAID FARMS OFGARRIGHFADA AND STENSCHOLL PARTS OF THE LANDS ANDBARONYOF MACDONALD PARISH OF KILMUIR WESTER ANDSHERIFFDOMOF INVERNESS AND IN FURTHER CORROBORATION OF THESAIDOBLIGATION I DO BY THESE PRESENTS BEND AND OBLIGEMYSELF AND MY HEIRS AND SUCCESSORS AND SPECIALLYMY HEIRS AND SUCCESORS IN THE LANDS SITUATED WITHINTHE DISTRICT TO BE SET APART FOR THE SAID ADDITIONALPLACE OF WORSHIP TO KEEP AND MAINTAIN THE SAIDADDITIONAL PLACE OF WORSHIP IN GOOD AND SUFFICIENTREPAIR TO THE EXTENT LIMITED AND AS PROVIDED BY THESAIDACT OF PARLIAMENT THE MAXIMUM IN ANY ONE YEAR BEINGIN THEPRESENT CASE ONE PER CENTUM UPON THE SUM OF SEVENHUNDREDAND FIFTY POUNDS STERLING BEING THE AMOUNT OF THEMONEYORIGINALLY EXPENDED IN BUILDING THE SAID CHURCH AND IDO FURTHER BEND AND OBLIGE MYSELF AND MY FORESAIDSTO GRANT SUBSCRIBE AND DELIVER AT THE EXPENSE OF THESAIDCOMMISSIONERS AND OTHER OBLIGATION DEED OR OTHERWRITINGWHICH THEY MAY REQUIRE OR DEMAND FOR BETTER ORMOREEFFECTUALLY CONVEYING THE SAID PIECE OF GROUND ANDOTHERTO THE SAID COMMISSIONERS AND COMFIRMING THE SAIDOBLIGATION HEREIN CONTAINED AGAINST ME MY HEIRSAND SUCCESSORS AND SPECIALLY MY HEIRS ANDSUCCESSORSIN THE LANDS SITUATED WITHIN THE SAID DISTRICTDECLARINGALWAYS AS IT IS HEREBY EXPRESSLY PROVIDED ANDDECLAREDTHAT NOTHING CONTAINED IN THE PRECEDING OBLIGATIONSHALLINFER AN IRRITANCY AGAINST ME OR MY FORESAIDS UNDERTHE
  • 140. ENTAIL OF SAID LANDS AND BARONY OF MACDONALD NORBE CONSTRUED TO AFFECT OR BURDEN THE LANDS BEFOREDESCRIBED FOR THE PURPOSE OF THE REPAIR OF THE SAIDPLACE OF WORSHIP IN ANY MANNER INCONSISTENTWITH THE CONDITIONS OF THE SAID ENTAIL EXEPT IN SO FARASI AM AUTHORISED TO GRANT THE SAID OBLIGATION TO THEEFFECT FORESAID BY AND THROUGH THE BEFORE RECITEDACT OF PARLIAMENT AND WITH AND UNDER WHICHPROVISIONAND DECLARATION THE FORESAID OBLIGATION INSO FAR AS AFFECTS THE SAID ENTAILED ESTATE OR ANY PARTOF ITIS GRANTED AND NO OTHERWISE AND I CONSENT TO THEREGISTRATION HEREOF IN THE GENERAL OR PARTICULARREGISTER OF SASINES FOR PUBLICATION AND IN THE BOOKSOFCOUNCIL AND SESSION FOR PRESERVATION AND THAT ALLNECESSARY EXECUTION MAY PASS HEREON IN FORM ASEFFECTSAND FOR THAT PURPOSE CONSTITUTE MY PROCURATORSAND IN WITNESS WHEREOF I HAVE SET MY HAND TO THESEPRESENTS WRITTEN APON THIS AND THE TWO PRECEDINGPAGES OF STAMPED PAPER BY JAMES HATTON CLERK TOJAMES HOPE WRITER TO THE SIGNET TOGETHER WITHTHE MARGINAL NOTE ON PAGE THIRD HEREOF ALSO WRITTENBY THE SAID JAMES HATTON AT EDINBURGH THE TWENTYSECOND DAY OF DECEMBER EIGHTEEN HUNDRED ANDTWENTYEIGHT BEFORE THESE WITNESSES EDWARD HILLMANFOOTMANAND L.HALLMAN UNDER BUTLER TO ME THE SAID LORDMACDONALD SIGNED MACDONALD EDWARD HILLMANWITNESSL.HALLAM WRITEN BY A.RUSSELL.MINUTES EARL OF SUTHERLAND AG MCKENZIE OF ARDLOCHJ.K.K. 1742. L OF DRUMMORE.CS 229/MC1/127.14 JULY 1742 L OF DRUMORE MINUTE WILLIAM EARL OFSUTHERLANDAGAINSTALEXANDER MACKENZIE OF ARDLOCKACTION.CHA. ERSKINE FOR THE CHARGES REPEATS THE CHARGES ONTHE SUPERIORS OWN ACCEPTEDBILL FOR 2965MERKS DRAWN APON HIM BY LADY ASSINT AND INDORSED TO
  • 141. THE CHARGES FOR VALUE ANDCAUSE THELETTERS MIGHT BE FOUND IN DULY ----------------KEN.HOME FOR THE SUSPENSION REPEATS THE REASONS OFSUSPENSION THAT THE BILLCHARGED ON BEINGDRAWN BY A LADY WITH A HUSBAND THE SAME RULES UNDERTHE HUSBAND JUS MAAND THEREFOR CANNOT BETHE BILL IS OF AN OLD DATE VIS. MAY THE THIRD 1736 ANDPAYABLE ONLY AT MARTIMAS 1741AND ANYMONEY IN EFFECTS RESTING BY THE SUSPENSION TOMCKENZIE OF ASSYNT JUNIOR TO MYINDIGNATIONWAS ARRESTED IN THE SUSPENSION BINDS---------- THE CAUSEOF ACCEPTING THE BILL WAS FORPARTOF THE AGREED PRICE OF A PROROGATION OF A WADSETRIGHT OF CERTAIN LANDSTO THE UNDER BELONGING TO MCKENZIE OF ASSINT AND ASAN EVIDENCE THEREOF THEPROROGATION ANDBILL THE MUCH ABOUT THE SAME DATE BESIDES THE FACTWILL NOT BE DEEMED BY THE LADYASSINT WHOIS PRESENTLY IN TOWN AND IS FURTHER INSTRUCTED BYTHIS ADVICE AND CIRCUMSTANCE THATTHE SUMMONSCHARGED FOR TOGETHER WITH 1025 MERKS MORECONTAINED IN ANOTHER BILL OF THE SAMEDATE ANDWHEREOF THE-------- HAS ALREADY CLAIMED SUSPENSIONWHICH IS PRESENTLY BEFORE MYLORD-------- WHEN ADDED TOGETHER ANSWERS PRECISELY TOTHE SUM AGREED TO BE PAID IN THEPROROGATIONVIZ. 4000 MERKS AND TIME IT IS THAT ASSINT HIMSELF NOTONLY GUARDS AND HATH ACTUALLYPAYEDREDUCTION AND IMPROBATION OF THE SUPERIOR RIGHTS OFWADSET AND OF THE FORSAIDPROROGATIONTHEMSELF BUT HUGH MCLEOD OF GENIES A CREDITOR ANDASSIGNEE TO ALEXANDER MCKENZIEOFFRASERDALE AND THE PREFERABLE CREDITORS HAVE
  • 142. OBTAINED DECREETS OF MAILS ANDDUTIESAGAINST THE --------------- AND SUCCESSORS OF THE ESTATE TOTHAT THE BILL CHARGED ON THEGRANTED-------------------CHA. ERSKINE ANSWERS TO THE FIRST AND SECOND THATHIS NOTION AND THE LADY ASSINTWAS FACTORAND MANAGER FOR HER AND DID MANAGE ALL HIS AFFAIRSWITH REGARD TOHISESTATE AND RENTS THEREOF AND AS THE SUSPENSION HASA CURATIVE WADSETT BY THE SAIDPROROGATIONTHE BILL BEING INDORSED TO THE CHARGES FOR VALUE HEOUGHT TO MAKE PAY TO THE THIRDTHAT THEREIS NO EVICTION OF THE WADSETT RIGHT OR PROROGATIONTHEREOF AND AS TO ASSINT OWNGRANTING THE WADSETT RIGHT THAT REDUCTION ANDIMPROBATION AT HIS INSTANCE IS --------- SLEEPINGAND AS TOMCLEOD OF GENIES AND MCKENZIE OF FRASERDALE THEIRPRETENDED RIGHT THERE PROCESSESARE LIKENESSSLEEPING AND AS THERE IS NO EVICTION THE SUSPENSIONHAS NO PRETENSE WHY HE OUGHTNOT TO PAY HISOWN ACCEPTED BILL WHICH CAME IN PLACE OF THEPROROGATION THE BENIFIT WHEREOF THESUSPENSIONPRESENTS ---------THE LORD ORDINARY HAVING CONFINDED THE DEBATEBEFORE AND EVER ORDAINS THE SAIDCHARGES----CURATORS TO PRODUCE THE FACTORY TO THE LADY ASSINTAND ORDAIN THE SUSPENDERSPROCURATORTO CONDESCEND MORE PARTICULARLY ON THE GROUNDSOF EVICTION.HEW DALR-------GR 12 8 INVERNESS 13/3/1871DR ADAM HUNTER SURGEON EDINBURGH HAD 2 UNGATES OFLAND EXTENDING TO 8 MERKS TROTTERNISH ONCEBELONGINGTO MCNEIL OF BARRA PART OF THE ESTATE OF MACDONALDDR ADAM HUNTER CERTIFICATE FOR THE COMMITAL OF
  • 143. SIR JAMES SUTHERLAND MACKENZIE BROTHER OFALEXANDERMACKENZIE BARONET OF THE 48TH NATIVE INFANTRYBENGALWHOS MOTHER IS KATHARINE MACKENZIE AND BY HERBELOWPETITION CLAIMS CURATOR BONIS AND APPOINTSALEXANDERSTUART TO OFFICE OF JAMES S. MACKENZIE.UNTO THE RIGHT HONOURABLETHE LORDS OF COUNCIL AND SESSIONTHE PETITION OF MRS KATHARINE MACKENZIE RELICT OFCOLONEL ROBERT MACKENZIE OF THE SERVICE OF THEHONOURABLE THE EAST INDIA COMPANY MOTHER OFSIR JAMES SUTHERLAND MACKENZIE OF TARBET BARONETHUMBLY SHEWETHTHAT THE SAID SIR JAMES SUTHERLAND MACKENZIE HAVINGSOME MONTHS AGO EXHIBITED UNEQUIVOCAL SYMPTONS OFMENTAL DERANGEMENT TO AN EXTENT DANGEROUS TOHIMSELFAND TO THE LIEGES WAS BY WARRANT OF THE SHERIFF OFEDINBURGH PROCEEDING ON CERTIFICATION UNDER THEHANDS OF DR ABERCROMBIE AND DR ADAM HUNTER PLACEDIN DR JOHN SMITHS ASYLUM AT SAUGHTON HALL WHEREHE NOW REMAINS UNDER THE NECESSARY RESTRAINTTHAT FROM THE CERTIFICATES HEREWITH PRODUCED ITAPPEARSTHAT ALTHOUGH THE SAID SIR JAMES SUTHERLANDMACKENZIEHAS SINCE HIS RESIDENCE IN SAUGHTON HALL BECOMELESSVIOLENT AND IRRITABLE THAN HE WAS YET THAT HE STILLLABOURSUNDER SUCH REMAINS OF ABBERATION OF MIND ASRENDERSHIM UNFIT FOR BEING AT LARGE OR FOR MANAGING HIS OWNAFFAIRS AND THE PETITIONER HAS THE DISTRESS ANDMORTIFICATION TO BELIEVE THAT HIS SPEEDY RESTORATIONTO MENTALSOUNDNESS CANNOT BE LOOKED FOR.THAT IN THESE CIRCUMSTANCES AND AS HIS INTEREST ISSUFFERINGFROM A SMALL PENSION FROM THE EAST INDIA COMPANYBEING TILL A DULY AUTHORIZED PARTY BE APPOINTEDTO RECEIVE AND DISCHARGE THE SAME IT HAS BECOMENECESSARY FOR THE PROTECTION OF THE SIRJAMES SUTHERLAND MACKENZIE PROPERTY AS WELL AS
  • 144. THE DUE CARE OF HIS PERSON TO APPLY TO YOURLORDSHIPS TO APPOINT A CURATOR BONIS TO HIM AND THEPETITIONER BEGS LEAVE HUMBLY TO SUGGEST MRALEXANDERSTUART WRITER IN EDINBURGH WHO WAS HER SONSCONFIDENTIALAGENT BEFORE HIS AFFLICTION AS ANELIGIBLEPERSON FOR THE OFFICE.THE PETITIONER THEREFOR MAKES THE PRESENTAPPLICATIONMAY IT THEREFOR PLEASE YOUR LORDSHIPS TO NOMINATEAND APPOINT THE SAID ALEXANDER STUART TO BE CURATORBONIS TO THE SAID SIR JAMES SUTHERLAND MACKENZIEWITH THE USUAL POWERS AND IN TERMS OF THE ACT OFSEDERUNT THE SAID APPOINTMENT TO SUBSIST UNTILIT BE COMPETENTLY RECALLED ANDS THE CURATORFINDING SUFFICIENT CAUTION BEFORE EXTRACT OR TO DOOTHERWISE IN THE PREMISES AS TO YOUR LORDSHIPSSHALL SEEM PROPER.ACCORDING TO JUSTICE & C.JOHN GORDONAPPENDIXMANDATE BY MRS KATHARINE MACKENZIE TO JOSEPHGORDONJOSEPH GORDON W.S. EDINBURGHELGIN 24/2/1843MY DEAR SIR IN CONSEQUENCE OF THE LAMENTABLE STATEOF INCAPACITY INTO WHICH MY SON SIR JAMES SUTHERLANDMACKENZIE BART HAS FALLEN I AM UNDER THE PAINFULNECESSITY OF REQUESTING THAT FOR THE PRESERVATIONAND MANAGEMENT OF HIS PROPERTY AS WELL ASPROVIDINGFOR THE PROPER CARE OF HIS PERSON YOU PRESENT THENECESSARY APPLICATION TO THE COURT OF SESSIONFOR THE APPOINTMENT OF A CURATOR BONIS TO HIM WITHTHEUSUAL POWERS IF MR ALEXANDER STUART CIRCUIT CLERKOF JUDICIARY WILL UNDERTAKE THE OFFICE I REQUEST THATHE MAY BE SUGGESTED TO THE COURT AS A PERSON INWHOMI HAVE THE UTMOST CONFIDENCE AND WHOM I CONSIDERWELLQUALIFIED TO TAKE THE CHARGE I AM MY DEAR SIR YOURMOSTOBEDIENT HUMBLE SERVANTSIGNED KATHARINE MACKENZIECERTIFICATE BY DR ABERCROMBIE AND DR ADAM HUNTER
  • 145. EDINBURGH 23/11/1842WE JOHN ABERCROMBIE AND DR ADAM HUNTER PHYSICIANSINEDINBURGH HEREBY CERTIFY ON SOUL AND CONSCIENCETHAT WE HAVE VISITED AND DULY EXAMINED SIR JAMESSUTHERLANDMACKENZIE OF TARBET BARONET NOW RESIDING ATSAUCHTONHALL LUNATIC ASYLUM UNDER THE CHARGE OF DR SMITHAND FOUND HIM LABOURING UNDER SUCH MENTALIMBECILITYAS TO RENDER HIM FOR THE PRESENT INCAPABLE OFMANAGINGHIS OWN AFFAIRSSIGNED JOHN ABERCROMBIEADAM HUNTER M.D.CERTIFICATE BY DR ABERCROMBIE AND DR HUNTERWE CERTIFY APON SOUL AND CONSCIENCE THAT WE HAVEVISITED AND EXAMINED SIR JAMES SUTHERLAND MACKENZIENOW RESIDENT IN THE ASYLUM AT SAUGHTON HALLAND WHILE WE FIND HIM CONSIDERABLY IMPROVED SINCETHE DATE OF OUR LAST REPORT WE ARE OF OPINIONTHAT HE STILL LABOURS UNDER SUCH REMAINS OFABBERATION OF MIND AS FOR THE PRESENT RENDERS HIMUNFIT FOR BEING AT LARGE OR FOR MANAGING HIS OWNAFFAIRSSIGNED JOHN ABERCROMBIEADAM HUNTER M.D.EDINBURGH 10/3/1843 PETITION TO BE INTIMATED IN THEMINUTE BOOKSIGNED BOYLEEDINBURGH 22/5/1843 THEREBY CERTIFY THAT THEFOREGOINGPETITION HAS BEEN DULY INTIMATED IN THE MINUTE BOOKJOSEPH GORDONHUGH ROSSCS 235/INM/MISCM11.1 1720 ALEXANDER MACKENZIE HAD INTHIS DEED REFERENCE THE BARONY OF TROTTERNISHISLE OF SKYE AND IT IS THIS ALEXANDER MACKENZIE OFARDLOCH WHO IS GRANDFATHER TO SIR JAMESSUTHERLAND MACKENZIE WHOS DOCTOR HAD THE2 UNGATES TROTTERNISH SKYE.GR 12 8 INVERNESS 13/3/1871DR ADAM HUNTER SURGEON EDINBURGH HAD 2 UNGATES OFLAND EXTENDING TO 8 MERKS TROTTERNISH ONCEBELONGINGTO MCNEIL OF BARRA PART OF THE ESTATE OF MACDONALD
  • 146. DR ADAM HUNTER CERTIFICATE FOR THE COMMITAL OFSIR JAMES SUTHERLAND MACKENZIE BROTHER OFALEXANDERMACKENZIE BARONET OF THE 48TH NATIVE INFANTRYBENGALWHOS MOTHER IS KATHARINE MACKENZIE AND BY HERBELOWPETITION CLAIMS CURATOR BONIS AND APPOINTSALEXANDERSTUART TO OFFICE OF JAMES S. MACKENZIE.UNTO THE RIGHT HONOURABLETHE LORDS OF COUNCIL AND SESSIONTHE PETITION OF MRS KATHARINE MACKENZIE RELICT OFCOLONEL ROBERT MACKENZIE OF THE SERVICE OF THEHONOURABLE THE EAST INDIA COMPANY MOTHER OFSIR JAMES SUTHERLAND MACKENZIE OF TARBET BARONETHUMBLY SHEWETHTHAT THE SAID SIR JAMES SUTHERLAND MACKENZIE HAVINGSOME MONTHS AGO EXHIBITED UNEQUIVOCAL SYMPTONS OFMENTAL DERANGEMENT TO AN EXTENT DANGEROUS TOHIMSELFAND TO THE LIEGES WAS BY WARRANT OF THE SHERIFF OFEDINBURGH PROCEEDING ON CERTIFICATION UNDER THEHANDS OF DR ABERCROMBIE AND DR ADAM HUNTER PLACEDIN DR JOHN SMITHS ASYLUM AT SAUGHTON HALL WHEREHE NOW REMAINS UNDER THE NECESSARY RESTRAINTTHAT FROM THE CERTIFICATES HEREWITH PRODUCED ITAPPEARSTHAT ALTHOUGH THE SAID SIR JAMES SUTHERLANDMACKENZIEHAS SINCE HIS RESIDENCE IN SAUGHTON HALL BECOMELESSVIOLENT AND IRRITABLE THAN HE WAS YET THAT HE STILLLABOURSUNDER SUCH REMAINS OF ABBERATION OF MIND ASRENDERSHIM UNFIT FOR BEING AT LARGE OR FOR MANAGING HIS OWNAFFAIRS AND THE PETITIONER HAS THE DISTRESS ANDMORTIFICATION TO BELIEVE THAT HIS SPEEDY RESTORATIONTO MENTALSOUNDNESS CANNOT BE LOOKED FOR.THAT IN THESE CIRCUMSTANCES AND AS HIS INTEREST ISSUFFERINGFROM A SMALL PENSION FROM THE EAST INDIA COMPANYBEING TILL A DULY AUTHORIZED PARTY BE APPOINTEDTO RECEIVE AND DISCHARGE THE SAME IT HAS BECOMENECESSARY FOR THE PROTECTION OF THE SIR
  • 147. JAMES SUTHERLAND MACKENZIE PROPERTY AS WELL ASTHE DUE CARE OF HIS PERSON TO APPLY TO YOURLORDSHIPS TO APPOINT A CURATOR BONIS TO HIM AND THEPETITIONER BEGS LEAVE HUMBLY TO SUGGEST MRALEXANDERSTUART WRITER IN EDINBURGH WHO WAS HER SONSCONFIDENTIALAGENT BEFORE HIS AFFLICTION AS ANELIGIBLEPERSON FOR THE OFFICE.THE PETITIONER THEREFOR MAKES THE PRESENTAPPLICATIONMAY IT THEREFOR PLEASE YOUR LORDSHIPS TO NOMINATEAND APPOINT THE SAID ALEXANDER STUART TO BE CURATORBONIS TO THE SAID SIR JAMES SUTHERLAND MACKENZIEWITH THE USUAL POWERS AND IN TERMS OF THE ACT OFSEDERUNT THE SAID APPOINTMENT TO SUBSIST UNTILIT BE COMPETENTLY RECALLED ANDS THE CURATORFINDING SUFFICIENT CAUTION BEFORE EXTRACT OR TO DOOTHERWISE IN THE PREMISES AS TO YOUR LORDSHIPSSHALL SEEM PROPER.ACCORDING TO JUSTICE & C.JOHN GORDONAPPENDIXMANDATE BY MRS KATHARINE MACKENZIE TO JOSEPHGORDONJOSEPH GORDON W.S. EDINBURGHELGIN 24/2/1843MY DEAR SIR IN CONSEQUENCE OF THE LAMENTABLE STATEOF INCAPACITY INTO WHICH MY SON SIR JAMES SUTHERLANDMACKENZIE BART HAS FALLEN I AM UNDER THE PAINFULNECESSITY OF REQUESTING THAT FOR THE PRESERVATIONAND MANAGEMENT OF HIS PROPERTY AS WELL ASPROVIDINGFOR THE PROPER CARE OF HIS PERSON YOU PRESENT THENECESSARY APPLICATION TO THE COURT OF SESSIONFOR THE APPOINTMENT OF A CURATOR BONIS TO HIM WITHTHEUSUAL POWERS IF MR ALEXANDER STUART CIRCUIT CLERKOF JUDICIARY WILL UNDERTAKE THE OFFICE I REQUEST THATHE MAY BE SUGGESTED TO THE COURT AS A PERSON INWHOMI HAVE THE UTMOST CONFIDENCE AND WHOM I CONSIDERWELLQUALIFIED TO TAKE THE CHARGE I AM MY DEAR SIR YOURMOSTOBEDIENT HUMBLE SERVANTSIGNED KATHARINE MACKENZIE
  • 148. CERTIFICATE BY DR ABERCROMBIE AND DR ADAM HUNTEREDINBURGH 23/11/1842WE JOHN ABERCROMBIE AND DR ADAM HUNTER PHYSICIANSINEDINBURGH HEREBY CERTIFY ON SOUL AND CONSCIENCETHAT WE HAVE VISITED AND DULY EXAMINED SIR JAMESSUTHERLANDMACKENZIE OF TARBET BARONET NOW RESIDING ATSAUCHTONHALL LUNATIC ASYLUM UNDER THE CHARGE OF DR SMITHAND FOUND HIM LABOURING UNDER SUCH MENTALIMBECILITYAS TO RENDER HIM FOR THE PRESENT INCAPABLE OFMANAGINGHIS OWN AFFAIRSSIGNED JOHN ABERCROMBIEADAM HUNTER M.D.CERTIFICATE BY DR ABERCROMBIE AND DR HUNTERWE CERTIFY APON SOUL AND CONSCIENCE THAT WE HAVEVISITED AND EXAMINED SIR JAMES SUTHERLAND MACKENZIENOW RESIDENT IN THE ASYLUM AT SAUGHTON HALLAND WHILE WE FIND HIM CONSIDERABLY IMPROVED SINCETHE DATE OF OUR LAST REPORT WE ARE OF OPINIONTHAT HE STILL LABOURS UNDER SUCH REMAINS OFABBERATION OF MIND AS FOR THE PRESENT RENDERS HIMUNFIT FOR BEING AT LARGE OR FOR MANAGING HIS OWNAFFAIRSSIGNED JOHN ABERCROMBIEADAM HUNTER M.D.EDINBURGH 10/3/1843 PETITION TO BE INTIMATED IN THEMINUTE BOOKSIGNED BOYLEEDINBURGH 22/5/1843 THEREBY CERTIFY THAT THEFOREGOINGPETITION HAS BEEN DULY INTIMATED IN THE MINUTE BOOKJOSEPH GORDONHUGH ROSSCS 235/INM/MISCM11.1 1720 ALEXANDER MACKENZIE HAD INTHIS DEED REFERENCE THE BARONY OF TROTTERNISHISLE OF SKYE AND IT IS THIS ALEXANDER MACKENZIE OFARDLOCH WHO IS GRANDFATHER TO SIR JAMESSUTHERLAND MACKENZIE WHOS DOCTOR HAD THE2 UNGATES TROTTERNISH SKYE.rd 3.331.831. factoryROBERT MCKENZIESOMETIMES IN THE SERVICE OF THEHONOURABLE EASTINDIA COMPANY AND CAPTAIN GEORGE SACKVILLE
  • 149. SUTHERLAND RESIDINGAT RHIVES WHEREAS THE SAID DECEASED COLONEL ROBERTMCKENZIEBY DISPOSITION AND DEED OF SETTLEMENT BEARING DATETHE TWENTYSIXTH DAY OF NOVEMBER EIGHTEEN HUNDRED AND TWOYEARS ANDRECORDED IN THE BOOKS OF COUNCIL AND SESSION( OFFICE W.B. )THE THIRTIETH DAY OF JULY EIGHTEEN HUNDRED AND NINEGAVEGRANTED AND DISPONED TO AND IN FAVOUR OF ALEXANDERMACKENZIE HIS ELDEST LAWFUL SON WHOMFAILING ASTHEREINMENTIONED UNDER THE CONDITIONS AND WITH THEPROVISIONSTHEREIN EXPRESSED ALL ESTATE AND EFFECTS REALPERSONALHERITABLE AND MOVEABLE THAT SHOULD PERTAIN ANDBELONGTO HIM AT THE TIME OF HIS DEATH AND HE NOMINATED ANDAPPOINTED THE SAID ALEXANDER MACKENZIE WHOM FAILINGTHE PERSONS THEREIN MENTIONED TO BE HIS SOLEEXECUTORSAND MOREOVER AS HE JUDGED IT PRUDENT TO NAMETUTORSAND CURATORS TO THE SAID ALEXANDER MACKENZIE HISSONAND TO ANY OTHER CHILD OR CHILDREN WHO MIGHT BEPROCREATED OF THE MARRIAGE TWIXT HIM AND ME THE SAIDMRS KATHERINE MACKENZIE AND HAVING ENTIRECONFIDENCEIN US THE SAID MRS KATHARINE MACKENZIE AND GEORGESACKVILLESUTHERLAND AND IN COLONEL LEWIS GRANT OFACHAIRNOCHLATE IN THE SERVICE OF THE HONOURABLE EAST INDIACOMPANYCAPTAIN CHARLES GRANT IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY ON THE BENGAL ESTABLISHMENTCOLONEL WILLIAM DUNCAN IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICEOF THE SAID COMPANY AND SOMETIME AID DE CAMP TO THEMARQUIS WELLESBY AND COLIN MACKENZIE WRITER TO THESIGNET
  • 150. ONE OF THE PRINCIPAL CLERKS OF SESION HE THEREFORNOMINATED AND APPOINTED US AND THE SAID LEWIS GRANTCHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLINMACKENZIE AND THE ACCEPTING SURVIVORS OR SURVIVOROF US AND THEM TO BE TUTORS AND CURATORS TO THE SAIDALEXANDER MACKENZIE HIS SON AND TO SUCH OTHER CHILDOR CHILDREN AS MIGHT BE PROCREATED OF THE SAIDMARRIAGEOF THE SAID ALEXANDER MACKENZIE AND FOR US AND INOURNAMES AS TUTORS AS AFORESAID TO INTROMET WITH ANDENTER ON THE POSSESSION AND MANAGEMENT OF THEWHOLE ESTATE AND EFFECTS REAL AND PERSONALHERITABLEAND MOVEABLE OF EVERY DENOMINATION ANDWHERESOEVERSITUATED WHICH PERTAINED TO THE SAID DECEASEDCOLONELROBERT MACKENZIE AND TO WHICH THE SAID ALEXANDERMACKENZIEHAS NOW RIGHT IN VIRTUE OF THE GENERAL DISPOSITIONABOVENARRATED TO SUE FOR UPLIFT AND RECOVER ALL ADDEBTEDTO THE SAID DECEASED COLONEL ROBERT MCKENZIE ANDONPAYMENT TO GRANT RECEIPTS AND DISCHARGES FOR THESAMEWHICH SHALL BE AS VALID AND EFFECTUAL TO THERECEIVERSIF GRANTED BY US TO SETTLE COMPOUND AND TRANSACTFOR ALLDEBTS CLAIMS AND DEMANDS DUE AND UNPAID FROM THEESTATEOF THE DECEASED COLONEL ROBERT MACKENZIE FORWHICH THESAID ALEXANDER MACKENZIE MAY ANYWAYS BE LIABLEAS REPRESENTING HIM AND TO PURSUE AND DEFENDABLEACTIONAT LAW THAT MAY BE NECESSARY FOR ASCERTAINING THEAMOUNTS OF THE SAID DEBTS AND SUMS OF MONEY DUE TOTHE SAIDDECEASED COLONEL ROBERT MACKENZIE AS WELL AS THESUMSDUE AND UNPAID AFFECTING HIS ESTATE AND TO ENTER INTOGENERAL OR PARTICULAR SUBMISSIONS IN REGARDS TOSUCH DEBTSCLAIMS AND DEMANDS BINDING AND OBLIGING US AND THE
  • 151. SAIDALEXANDER MACKENZIE TO ABIDE BY AND IMPLEMENT ANDFULFILLOUR PART OF THE AMICABLE DECISIONS AND DECREETSARBITRALTO BE PRONOUNCED IN SUCH SUBMISSIONS ANDGENERALLYWITH FULL POWER TO OUR SAID FACTOR TO DO EVERYOTHERTHING FOR EFFECTING A SPEEDY AND DISTINCTARRANGEMENTOF THE AFFAIRS OF THE SAID DECEASED COLONEL ROBERTMACKENZIE AND BRINGING HIS ESTATE AND EFFECTS TO THEBEST ACCOUNT FOR BEHOOF OF THE SAID ALEXANDERMACKENZIEAND OUR OTHER PUPILS ABOVE NAMED THAT WE COULD DOOURSELVESAS TUTORS NOMINATE OR THAT IT IS LEGALLY COMPETENTFORMARRIAGE DURING THE WHOLE PERIOD OF THEIRRESPECTIVEPUPILARITIES AND MINORITIES DECLARING THAT THEMAJORITYOF THE PERSONS THEREIN AND ABOVE NAMED ACCEPTINGAND ALIVEAT THE TIME OR ANY ONE OF THEM ACCEPTING ANDSURVIVING THE RESTSHOULD BE A QUORUM AND WHEREEAS THE SAID LEWISGRANTCHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLINMCKENZIEHAVE DECLINED TO ACCEPT OR ACT UNDER THE NOMINATIONOFTUTORS AND CURATORS ABOVE NARRATED SO THAT WE THESAIDMRS KATHARINE MACKENZIE AND GEORGE SACKVILLESUTHERLANDARE THE ONLY ACCEPTING TUTORS NOMINATED OF THE SAIDALEXANDER MACKENZIE AND OF ELIZABETH BAILLIEMACKENZIEMARGARET SUTHERLAND MACKENZIE AND JAMESSUTHERLAND MACKENZIE THE YOUNGER CHILDREN OF THESAIDCOLONEL ROBERT MACKENZIE PROCREATED OF HIS SAIDMARRIAGEALL OF WHOM ARE MINORS WITHIN THE YEARS OFPUPILLARITY AND
  • 152. ON ENTERING ON THE ADMINISTRATION AND MANAGEMENTOF THE ESTATEWHICH PERTAINED TO THE SAID COLONEL ROBERTMACKENZIEFOR BEHOOF OF OUR SAID PUPILS TUTORS FORESAID WEFIND IT NECESSARYFOR THE PURPOSE OF SPEADILY AND EFFECTINGEXTRICATINGTHE SAMEBY PAYMENT OF THE DEBTS DUE BY THE SAID DECEASEDCOLONELROBERT MACKENZIE AND INVESTING THE RESIDUE OF THESAID ESTATEIN THE MANNER MOST BENEFICIAL FOR OUR SAID PUPILSAND ALLOTHERS CONCERNED TO APPOINT A FIT PERSON TO BE OURAGENT ANDFACTOR WITH POWERS TO BE OUR AGENT AND FACTOR WITHPOWERSTO INTROMIT WITH THE SAME ESTATE AND EFFECTS FOR USAND IN OURNAMES AS TUTORS FORESAID AND HAVING ENTIRECONFIDENCEIN THE CAPACITY AND INTEGRITY OF JOSEPH GORDONWRITERTO THE SIGNET THEREFOR WE HAVE NOMINATEDCONSTITUTEDAND APPOINTED US WE DO HEREBY NOMINATED CONSTITUTEANDAPPOINT THE SAID JOSEPH GORDON TO BE OUR AGENT ANDFACTORGIVING GRANTING AND COMMITTING POWER TO HIM FOR ANDIN THE NAME FOR ANY FACTOR OR ANY AGENT TO DO IN THELIKE CASEBINDING HEREBY AND OBLIGING US TO RATIFY CONFIRM ANDAPPOINTWHATEVER OUR SAID FACTOR SHALL LAWFULLY DO ORCAUSE TO BE DONEIN THE PREMISES AND DECLARING THAT HE SHALL NOT BELIABLE FOROMISSIONS BUT ONLY FOR HIS ACTUAL INTROMISSIONS OFWHICHBY ACCEPTING HEREOF HE SHALL BE BOUND AND OBLIGEDTO RENDERA TRUE AND JUST ACCOUNT AS OFTEN AS REQUIRES AND WECONSENTTO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCILAND
  • 153. SESSION OR ANY OTHERS COMPETENT THEREIN TO REMAINFORPRESENTATION AND FOR THAT EFFECT WE CONSTITUTE MRTHOMASTHOMSON ADVOCATE PROCURATOR IN WITNESS WHEREOFTHESEPRESENTS WRITEN UPON THIS AND THE TWO PRECEEDINGPAGES OF STAMPTED PAPER BY ALEXANDER DUFF CLERK TOTHE SAID JOSEPH GORDON ARE SUBSCRIBED BY USFOLLOWSVIZ. BY THE SAID CAPTAIN GEORGE SACKVILLE SUTHERLANDAT EDINBURGH THE 26/09/1809 YEARS BEFORE THESEWITNESSSESALEXANDER STUART WRITER EDINBURGHALEXANDER DUFF CLERKMRS KATHARINE MACKENZIE MILMOUNT 30/11/1809BEFORE THESE WITNESSESMR JAMES MACGOWAN TEACHER MILMOUNTMR JOHN MONTGOMERY POSTMASTER PARKHILLSIGNED KATHARINE MACKENZIE GEORGE SUTHERLANDJAMES MACGOWAN WITNESS JOHN MONTGOMERYWITNESS ALEXANDER STUART ALEXANDER DUFFCS238/T/3/16UNTO THE RIGHT HONOURABLE THE LORD WESTHALL THEREPRESENTATIONOF THOMAS FREDERICK MACKENZIE HUMBERSTON ESQ.COLLONEL OF THE 78TH REGIMENT OF FOOTHUMBLY SHEWETHTHAT THE ESTATE OF SEAFORTH WAS FORFEITED TO HISMAJESTYIN1715 UPON THE ATTAINER OF WILLIAM THEN EARL OFSEAFORTHBY SEVERAL ACTS OF PARLIAMENT ANENT THE FORFEITEDESTATES AFTERTHE YEAR 1715 AND PARTICULARLY BY THE ACT OF GEO. 1CAP. [CAPITA IE CHAPTER]50 AND THE ACT 4 GEO. 1 CAP. 8 - 5 GEO. 1 CAP. 22 THESEESTATES WERE VESTEDIN CERTAIN COMMISSIONERS WHO WERE EMPOWERED TOSELL THEM ANDBY ANOTHER ACT 13. GEO. 1 CAP. 18 THE BARONS OFEXCHEQUER WEREEMPOWERED TO SELL SUCH OF THE FORFEITED ESTATES ASAT THAT TIMEREMAINED UNSOLDBY THESE ACTS OF PARLIAMENT THE COMMISSIONERS OFENQUIRY AND
  • 154. THE BARONS OF EXCHEQUER WERE EMPOWERED TO GRANTDISPOSITIONSCHARTERS AND OTHER RIGHTS TO THE PURCHASERS WHOWERE DECLAREDTO HOLD THE SUBJECTS SO PURCHASED BLANCH OF HISMAJESTY FORPAYMENT OF A PENNY SCOTS NOTWITHSTANDING THEFORMER PROPRIETORSTHE FORFEITING PERSONS HELD THEM FEE WARD OROTHERWISEUNDER THE AUTHORITY OF THESE STATUTES THECOMMISSIONERSOF ENQUIRY SOLD SEVERAL OF THE FORFEITED ESTATESBUT THE ESTATEOF SEAFORTH AND SOME OTHERS REMAINED UNSOLD WHENBY THE 13THOF GEO. 1 THE BARONS OF EXCHEQUER WERE SUBSTITUTEDIN PLACEOF THE COMMISSIONERS OF ENQUIRY TO SELL SUCH OFTHESE ESTATES AS HADNOT BEEN SOLD BY THE COMMISSIONERSTHE BARONS EXPOSED THE ESTATE OF SEAFORTH TO SALEAND IT WASOF THIS DATE 31 JULY 1730 PURCHASED BY MR JOHN NAIRNEOF GREENYARDSWHO RECEIVED A DISPOSITION 12 FEBRUARY 1734 ANDAFTERWARDS OF THIS DATEA CHARTER OF THE WHOLE ESTATE OF SEAFORTHINCLUDING THE ISLANDOF LEWIS WHICH CHARTER AFTER DESCRIBING THEDIFFERENT LANDS CONTAINSTHE FOLLOWING CLAUSE " UNA CUM OMNIBUSDOMIBUS AEDIFICIIS & PARTIBUSPENDICULIS ET PERTINEN [TIIS] EARUNDEM QUIBUSCUNG [UE]DECIMISPARSONAGIIS ET VICCARIIS EARUND [EM] " [TOGETHERWITH ALL HOUSES BUILDINGSAND DEPENDENT PARTS AND APPURTENANCES OF THE SAMEWHATSOEVERTHE TITHES PARSONAGES AND VICARAGES OF THE SAME]".18TH NOVEMBER 1734 MR NAIRN DISPONED THIS ESTATE TOJOHN FORBES ESQ.16TH DECEMBER 1738 MR JOHN FORBES CONVEYED IT TOCOLIN MACKENZIEBY A DISPOSITION OF THIS DATE...... LINE NOT COPIED.07TH APRIL 1739 THE FORESAID CHARTER AND
  • 155. DISPOSITIONS OF THIS DATECOLIN MACKENZIE DISPONED THE ESTATE TOKENNETH02ND FEBRUARY 1741MACKENZIE ELDEST LAWFULL SON OF WILLIAM EARLOFSEAFORTH BY A DISPOSITION OF THIS DATE12TH FEBRUARY 1741 WHO OBTAINED A CHARTER OFRESIGNATION ANDCONFIRMATION UNDER THE GREAT SEAL OF THEWHOLE25TH MARCH 1741 FORESAID LANDS UPON WHICHINFEFTMENT FOLLOWED10TH DECEMBER 1738 AND OF THIS DATE KENNETHMACKENZIE AFTERWARDSEARL OF SEAFORTH OBTAINED A CHARTER UNDERTHEGREAT SEAL IN HIS FAVOURS UPON WHICHINFEFTMENT04TH JULY 1764 AFTERWARDS FOLLOWEDIN ALL OF THESE TITLES WHICH ARE PRODUCED THE TEINDSPARSONAGES AND VICARAGEARE EXPRESSLY GRANTED AND THE PRPRIETORS UNDERTHESE TITLES HAVE CONSTANTLYAND UNIFORMLY POSSESSED BOTH LANDS AND TEINDSWITHOUT PAYING TO THE CROWNOR ANY PERSON ELSE ANYTHING UPON ACCOUNT OF THEACCOUNT OF THE TEINDS FATHERTHAN THE STIPEND DUE TO THE MINISTERS OF THERESPECTIVE PARISHES IN WHICH THELANDS LIETHE LATE EARL OF SEAFORTH SOLD THE WHOLE ESTATE OFSEAFORTH ANDAS A PART THEREOF THE ISLAND OF LEWIS TO THEREPRESENTER WHOIS NOW IN THE FULL RIGHT AND POSSESSION OF THATESTSATE UNDER THETITLES ABOVE MENTIONEDTHE SOLICITOR OF THE TYTHES HAS LATELY BROUGHT ANACTION AGAINSTTHE REPRESENTER THE SUMMONS OF WHICH BEARS DATE20TH DECEMBER LASTCONCLUDING FOR PAYMENT OF THE SUM OF £133.3.7.STERLING AS THE VALUEOF THE BISHOPS THIRD OF THE TITHES OF THE ISLAND OFLEWIS FORCROP 1781 AND THE LIKE SUM YEARLY IN TIME COMING
  • 156. THIS PROCESS CAME IN COARSE BEFORE YOUR LORDSHIPSAND AFTER HEARINGPARTIES YOU PRONOUNCED THIS INTERLOCTOR 27TH JUNE1782THE LORD ORDINARY HAVING HEARD PARTIES PROCURATORSDECERNSAGAINST THE DEFENDER IN TERMS OF THE LIBELSHOULD THIS INTERLOCTOR BE ADHERED TO IT WOULDBRING A VERYHEAVY AND UNEXPECTED BURDEN UPON THEREPRESENTERS ESTATEHE THEREFOR SUBMITS IT TO REVIEW AND IS CONFIDENTWHEN YOURLORDSHIPS SHALL HABE RECONSIDERED THE CAUSE YOUWILL SEE JUSTREASON FOR ALTERING THE INTERLOCTOR ANDASSORTZIEINGTHE REPRESENTER WHEN THE ESTATE OF SEAFORTH WASSOLD.SASINE IN FAVOUR OF ELIZABETH BAILLIEIN LIFERENT AND MRS KATHERINE SUTHERLANDAND WIFEAT INVERNESS THE 23 DAY OF DECEMBER ONE THOUSANTEIGHT HUNDRED AND THREE BETWEEN THE HOURS OF TWOAND THREE O CLOCK IN THE AFTER NOON THE SASINEUNDER WRITTEN WAS PRESENTED BY DAVID PHERSONWRITEN IN INVERNESS AND RECORDED AS FOLLOWS VIZ...IN THE SASINE OF GOD AMEN BE IT KNOWN TO ALL MENBY THIS PRESENT PUBLIC INSTRUMENT THAT UPON THETWENTIETH DAY OF DECEMBER IN THE YEAROF OUR LORDEIGHTEEN HUNDRED AND THREE AND OF THE REIGN OFOUR SOVEREIGN LORD GEORGE THIRD BY THE GRACEOF GOD OF THE UNITED KINGDOM OF GREAT BRITAIN ANDIRELAND KING DEFENDER OF THE FAITH THE FORTY FOURTHYEARIN PRESENCE OF ME NOTARY PUBLIC AND WITNESSSUBSCRIBING COMPEARED PERSONALLY KENNETHMACLENNANSERVANT TO ME NOTARY PUBLIC AS PROCURATOR ANDATTORNEY FOR AND IN NAME AND BEHALF OF MRSELIZABETHBAILLIE WIDOW OF THE DECEASED LIEUTENANT ANDCOLONELJAMES SUTHERLAND OF UPPAT MRS KATHERINESUTHERLANDSPOUSE TO COLONEL ROBERT MACKENZIE DAUGHTER OFTHE
  • 157. SAID LIEUTENANT COLONEL JAMES SUTHERLAND-----------------LORD SEAFORTH MARY MAXWELL SUTHERLAND SPOUSE TOLIEUTENANT ALEXANDER SUTHERLAND FORMERLY OF THESECOND BATTALION OF THE SEVENTY EIGHTH REGIMENT OFFOOTALSO DAUGHTER OF THE SAID LIEUTENANT ALEXANDERSUTHERLAND FORMERLY OF THE SECOND BATTALION OFTHESEVENTY EIGHTH REGIMENT OF FOOT ALSO DAUGHTER OFTHESAID LIEUTENANT COLONEL JAMES SUTHERLAND ANDGEORGE SACKVILLE SUTHERLAND ESQUIRE LATE OF UPPATELDEST SON OF THE SAID LIEUTENANT COLONEL JAMESSUTHERLAND WHOSE POWER OF PROCURATORY WASSUFFICIENT KNOWN TO ME NOTARY PUBLICSUBSCRIBING HAVING AND HOLDING IN HIS HANDS ABOND AND DISPOSITION IN SECURITY OF THE DATEUNDERWRITTEN CONTAINING THEREIN THE PRECEPTOF SASINE HEREIN AFTER INSERTED MADE AND GRANTEDBY BRIGADIER GENERAL NOW MAJOR GENERALALEXANDER MACKENZIE LIEUTENANT COLONEL OF THE36TH REGIMENT OF FOOT WHEREBY HE BOUND ANDOBLIGED HIMSELF HIS HEIRS EXECUTORS AND SUCCESSORSWHOMSOEVER THAT IS FULLY TO CONTEND AND PAY THESUM OF ONE THOUSANT POUNDS STERLING TO THE SAIDMRS ELIZABETH BAILLIE IN LIFERENT AND FOR HERLIFERENT USE OF THE INTEREST THEREOF ALTERNATIVELYAND GIVE ALL THE FEE ONE HALF OF THE SAID SUM BEINGFIVEHUNDRED POUNDS STERLING TO THE AFORESAIDMRS KATHARINE SUTHERLAND AND TO HER HEIRSAND ASSIGNIES BUT SUBJECT TO THE DECLARATIONSAND QUALIFICATIONS THEREIN AND HEREIN AFTERMENTIONED AND THE OTHER OR REMAINING HALFBEING AN OTHER FIVE HUNDRED POUNDS FINDING OF THESAID PRINCIPAL SUM TO THE SAID FRANCIS LORD SEAFORTHAND TO HIS HEIRS AND ASSIGNEES BUT IN SECURITYONLY AFTER MENTIONED AND SUBJECT TO THEDECLARATIONSAND QUALIFICATIONS THEREIN AND HEREIN AFTERMENTIONED AND THAT AS AND AGAINST THE TERMOF WHITSUNDAY NEXT TO COME WITH ONE FIFTHPART NOW OF THE SAID PRINCIPAL SUM OF LIQUIDATEPENALTY IN CASE OF FAILURE IN THEPAYMENT OF THE SAID LAND AND INTEREST THEREOFIN THE CASE OF THE SAID BOND AND DISPOSE NOWIN SECURITY TO THE SAID TERM OF PAYMENT AND THEREAFTER AT TWO TERMS IN THE YEAR WHITESUNDAY
  • 158. AND--------------------------------- BY EQUAL PORTIONS BEGINNINGTHE FIRST TERMS PAYMENT THEREOF AT WHITSUNDAYNEXT FOR WHAT INTEREST MIGHT BE THEIR DUE ANDSEVERELY AND HALF YEARLY BY THEREAFTERAT THE SAID TWO TERMS SO LONG AS THE ----------- SHALL------------------ UNPAID DECLARING ALWAYS THAT THE RIGHT OFTHE SAID FRANCIS LORD SEAFORTH WAS ONLY IN SECURITYOFA DEBT DUE TO HIM BY THE SAID LIEUTENANT ALEXANDERSUTHERLAND HUSBAND OF THE SAID MARY MAXWELLSUTHERLAND IN TERMS OF THEIR BOND DISPOSITIONAND ---------------------------------------- TO HIS LORDSHIP CONVEYINGTHE SAID MARY MAXWELL SUTHERLAND INTEREST IN THESUM CONTAINED IN AN HERITABLE BOND GRANTED BY MAJORGENERAL MACKAY HUGH BAILLIE OF ROSEHALL AND THATUPON THE SAID DEBT BY LIEUTENANT ALEXANDERSUTHERLANDTO THE SAID FRANCIS LORD SEAFORTH BEING PAID OROTHERWISEEXTINGQUISHED HIS LORDSHIPS INTEREST UNDER THE SAIDSECURITY SHOULD CEASE AND BE AT AN END AND THEPROVISIONS OF THE SAID MARY MAXWELL SUTHERLANDOR THAT HALF OF THE SUM CONTAINED IN THE SAIDBOND ARISING WITH THE INTEREST AFTER THE DEATHOF THE SAID MRS ELIZABETH BAILLIE HER MOTHERAND PENALTY CORRESPONDING THERETO SHOULDBECAUSE PAYABLE TO HERESELF AND HEIRS ANDEXECUTIONERS BUT FURTHER PROVIDING AS IFWAS THEIR BY SPECIALY PROVIDED AND DECLAREDTHAT IN THE EVENT OF THE AFORESAID KATHARINEAND MARY MAXWELL SUTHERLAND OR EITHEROF THEM DYING BEFORE THE SAID MRS ELIZABETHBAILLIE THEIR MOTHER THEIR BIND AND IN THAT CASETHEIR----------------- AND PROVISIONS AS THOSE AFORESAIDINRESPECTIVE SUMS OF FIVE HUNDRED POUNDS EACHTHEREFROM CONTAINED IN THE SAID BOND ANDDISPOSITIONIN SECURITY WITH INTEREST AND PENALTY CORRESPONDINGTHERETO SHALL RESPECTIVELY BELONG TO THE PERSONAFORESAID TO WHOM THE SASINE WHICH IN THEEVENTS MENTIONED AND DEED OF SETTLEMENT BY THE SAIDLIEUTENANT COLONEL SUTHERLAND NARRATED IN THESAID BOND AND DISPOSITION IN SECURITY HAVE BELONGEDIF THEY HAVE TILL RECEIVED UPENALTY FORMER SECURITYAND IN CASE IF SHOULD BE FOUND THAT BY THE TRUECONSTRUCTION OF THE SAID DEED OF SETTLEMENT THEPROVISION THEREBY LEFT TO THE SAID MARY MAXWELL
  • 159. SUTHERLAND IN THE EVENT OF HEIRS DYING BEFOREHER MOTHER WOULD BE EVACUATED SO THAT THE SAMEWOULD FALL INTO HER BROTHER THE SAID GEORGESACKVILLE SUTHERLAND IN THAT CASE AND IN THESAME EVENTS THE RIGHT OF THE SAID FRANCISLORD SEAFORTH THOUGH BY THE TENOR OF THE SAIDBOND AND DISPONE NOW IN SECURITY HIS LORDSHIPWAS MADE DIRECT CREDITOR SHOULD CEASE AND BECOMEVOID AND THE FIVEHUNDRED POUNDS MADE PAYABLE TOHIS LORDSHIP WITH THE INTEREST THEREOF FROMTHE DEATH OF THE LIFERENTING SHOULD BECOME PAYABLETO THE SAID GEORGE LACKWELL SUTHERLAND BUTOTHERWAYSTHE RIGHT TO THE SAID FIVEHUNDRED POUNDS SHOULDREMAINWITH HIS LORDSHIP IN THE SAID EVENT AS WELL AS IN ANYOTHER IN SECURITY OF THE SAID DEBT DUE TO HIMAND FOR THE FURTHER SECURITY AND MORE SURE PAYMENTOF THE SAID SUMS PRINCIPAL INTEREST AND PENALTYTHE SAID ALEXANDER MACKENZIE DID DISPONE ASSIGN ANDMAKE OVER TO THE AFORESAID MRS ELIZABETH BAILLIEIN LIFERENT AND MRS KATHARINE SUTHERLAND ANDFRANCIS LORD SEAFORTH THEIR HEIRS AND SUCCESSORSFOR THEIR RESPECTIVE INTERESTS INFEE AS AFORESAIDBUT ALWAYS WITH AND UNDER THIS CONDITION PROVISIONAND DECLARATIONS BEFORE SPECIFIED AND IN THE EVENTFORESAID TO THE SAID MARY MAXWELL SUTHERLAND ANDGEORGE SACKVILLE SUTHERLAND FOR THEIR RESPECTIVEINTERESTS AND TO THEIR HEIRS AND SUCCESSORSRESPECTIVEBY HERITABLY BUT UNDER REVERSION AS THEREINMENTIONEDALL AND WHOLE THE LANDS OF MANAV WITH THE HOUSESGARDEN ORCHARDS SHEILDING PARTS AND PENDICLES ANDUNIVERSAL PERTINENTS OF THE SAME ALL LYING WITHIN THEPARISH OF URRAY AND COUNTY OF ROSS AND ALL ANDWHOLE THE LANDS AND ESTATE AND COUNTY OFSTRATHCONNONCOMPREHENDING THE PARTICULAR TOWNS AND TENEMENTSSPECIFIED IN THE RIGHTS AND INFEFTMENTS THEREOFCONCEIVEDIN FAVOUR OF THE SAID ALEXANDER MACKENZIE HISPREDECESSORSAND ALL HEIRS AND BY WHATSOEVER DENOMINATION THEYGOAND ARE DESCRIBED THEIR WILL WHICH IN WHOLE EXTENDTO TWO DAVOCHS AND IN HALF DAVOCH LAND WITH THE
  • 160. WOODGRAZING SHEALING MOSSES PASTURAGES PARTSPENDICLESAND PERTINENTS KNOWN TO PERTAIN AND BELONGTHERETOAND WHICH LANDS IN THE RESPECTIVE PARISHES OF URRAYFODDERTY AND CONTIN IN THE SHERIFFDOM OF ROSSTOGETHERWITH ALL RIGHT AND INTEREST CLAIM OF RIGHT PROPERLYAND POSSESSION WHICH THE SAID ALEXANDER MACKENZIEHIS AUTHORS AND PREDECESSORS HAD OR ANY WAYSRIGHTSHAVE CLAIM OR PRETEND TO THE SAID LANDS AND OTHERSOR TO ANY PART APPORTION THEREOF AND THEIR REALSECURITYSASINE IN FAVOUR OF ELIZABETH BAILLIEIN LIFERENT AND MRS KATHERINE SUTHERLANDAND WIFEAT INVERNESS THE 23 DAY OF DECEMBER ONE THOUSANTEIGHT HUNDRED AND THREE BETWEEN THE HOURS OF TWOAND THREE O CLOCK IN THE AFTER NOON THE SASINEUNDER WRITTEN WAS PRESENTED BY DAVID PHERSONWRITEN IN INVERNESS AND RECORDED AS FOLLOWS VIZ...IN THE SASINE OF GOD AMEN BE IT KNOWN TO ALL MENBY THIS PRESENT PUBLIC INSTRUMENT THAT UPON THETWENTIETH DAY OF DECEMBER IN THE YEAROF OUR LORDEIGHTEEN HUNDRED AND THREE AND OF THE REIGN OFOUR SOVEREIGN LORD GEORGE THIRD BY THE GRACEOF GOD OF THE UNITED KINGDOM OF GREAT BRITAIN ANDIRELAND KING DEFENDER OF THE FAITH THE FORTY FOURTHYEARIN PRESENCE OF ME NOTARY PUBLIC AND WITNESSSUBSCRIBING COMPEARED PERSONALLY KENNETHMACLENNANSERVANT TO ME NOTARY PUBLIC AS PROCURATOR ANDATTORNEY FOR AND IN NAME AND BEHALF OF MRSELIZABETHBAILLIE WIDOW OF THE DECEASED LIEUTENANT ANDCOLONELJAMES SUTHERLAND OF UPPAT MRS KATHERINESUTHERLANDSPOUSE TO COLONEL ROBERT MACKENZIE DAUGHTER OFTHESAID LIEUTENANT COLONEL JAMES SUTHERLAND-----------------LORD SEAFORTH MARY MAXWELL SUTHERLAND SPOUSE TOLIEUTENANT ALEXANDER SUTHERLAND FORMERLY OF THESECOND BATTALION OF THE SEVENTY EIGHTH REGIMENT OF
  • 161. FOOTALSO DAUGHTER OF THE SAID LIEUTENANT ALEXANDERSUTHERLAND FORMERLY OF THE SECOND BATTALION OFTHESEVENTY EIGHTH REGIMENT OF FOOT ALSO DAUGHTER OFTHESAID LIEUTENANT COLONEL JAMES SUTHERLAND ANDGEORGE SACKVILLE SUTHERLAND ESQUIRE LATE OF UPPATELDEST SON OF THE SAID LIEUTENANT COLONEL JAMESSUTHERLAND WHOSE POWER OF PROCURATORY WASSUFFICIENT KNOWN TO ME NOTARY PUBLICSUBSCRIBING HAVING AND HOLDING IN HIS HANDS ABOND AND DISPOSITION IN SECURITY OF THE DATEUNDERWRITTEN CONTAINING THEREIN THE PRECEPTOF SASINE HEREIN AFTER INSERTED MADE AND GRANTEDBY BRIGADIER GENERAL NOW MAJOR GENERALALEXANDER MACKENZIE LIEUTENANT COLONEL OF THE36TH REGIMENT OF FOOT WHEREBY HE BOUND ANDOBLIGED HIMSELF HIS HEIRS EXECUTORS AND SUCCESSORSWHOMSOEVER THAT IS FULLY TO CONTEND AND PAY THESUM OF ONE THOUSANT POUNDS STERLING TO THE SAIDMRS ELIZABETH BAILLIE IN LIFERENT AND FOR HERLIFERENT USE OF THE INTEREST THEREOF ALTERNATIVELYAND GIVE ALL THE FEE ONE HALF OF THE SAID SUM BEINGFIVEHUNDRED POUNDS STERLING TO THE AFORESAIDMRS KATHARINE SUTHERLAND AND TO HER HEIRSAND ASSIGNIES BUT SUBJECT TO THE DECLARATIONSAND QUALIFICATIONS THEREIN AND HEREIN AFTERMENTIONED AND THE OTHER OR REMAINING HALFBEING AN OTHER FIVE HUNDRED POUNDS FINDING OF THESAID PRINCIPAL SUM TO THE SAID FRANCIS LORD SEAFORTHAND TO HIS HEIRS AND ASSIGNEES BUT IN SECURITYONLY AFTER MENTIONED AND SUBJECT TO THEDECLARATIONSAND QUALIFICATIONS THEREIN AND HEREIN AFTERMENTIONED AND THAT AS AND AGAINST THE TERMOF WHITSUNDAY NEXT TO COME WITH ONE FIFTHPART NOW OF THE SAID PRINCIPAL SUM OF LIQUIDATEPENALTY IN CASE OF FAILURE IN THEPAYMENT OF THE SAID LAND AND INTEREST THEREOFIN THE CASE OF THE SAID BOND AND DISPOSE NOWIN SECURITY TO THE SAID TERM OF PAYMENT AND THEREAFTER AT TWO TERMS IN THE YEAR WHITESUNDAYAND--------------------------------- BY EQUAL PORTIONS BEGINNINGTHE FIRST TERMS PAYMENT THEREOF AT WHITSUNDAYNEXT FOR WHAT INTEREST MIGHT BE THEIR DUE ANDSEVERELY AND HALF YEARLY BY THEREAFTER
  • 162. AT THE SAID TWO TERMS SO LONG AS THE ----------- SHALL------------------ UNPAID DECLARING ALWAYS THAT THE RIGHT OFTHE SAID FRANCIS LORD SEAFORTH WAS ONLY IN SECURITYOFA DEBT DUE TO HIM BY THE SAID LIEUTENANT ALEXANDERSUTHERLAND HUSBAND OF THE SAID MARY MAXWELLSUTHERLAND IN TERMS OF THEIR BOND DISPOSITIONAND ---------------------------------------- TO HIS LORDSHIP CONVEYINGTHE SAID MARY MAXWELL SUTHERLAND INTEREST IN THESUM CONTAINED IN AN HERITABLE BOND GRANTED BY MAJORGENERAL MACKAY HUGH BAILLIE OF ROSEHALL AND THATUPON THE SAID DEBT BY LIEUTENANT ALEXANDERSUTHERLANDTO THE SAID FRANCIS LORD SEAFORTH BEING PAID OROTHERWISEEXTINGQUISHED HIS LORDSHIPS INTEREST UNDER THE SAIDSECURITY SHOULD CEASE AND BE AT AN END AND THEPROVISIONS OF THE SAID MARY MAXWELL SUTHERLANDOR THAT HALF OF THE SUM CONTAINED IN THE SAIDBOND ARISING WITH THE INTEREST AFTER THE DEATHOF THE SAID MRS ELIZABETH BAILLIE HER MOTHERAND PENALTY CORRESPONDING THERETO SHOULDBECAUSE PAYABLE TO HERESELF AND HEIRS ANDEXECUTIONERS BUT FURTHER PROVIDING AS IFWAS THEIR BY SPECIALY PROVIDED AND DECLAREDTHAT IN THE EVENT OF THE AFORESAID KATHARINEAND MARY MAXWELL SUTHERLAND OR EITHEROF THEM DYING BEFORE THE SAID MRS ELIZABETHBAILLIE THEIR MOTHER THEIR BIND AND IN THAT CASETHEIR----------------- AND PROVISIONS AS THOSE AFORESAIDINRESPECTIVE SUMS OF FIVE HUNDRED POUNDS EACHTHEREFROM CONTAINED IN THE SAID BOND ANDDISPOSITIONIN SECURITY WITH INTEREST AND PENALTY CORRESPONDINGTHERETO SHALL RESPECTIVELY BELONG TO THE PERSONAFORESAID TO WHOM THE SASINE WHICH IN THEEVENTS MENTIONED AND DEED OF SETTLEMENT BY THE SAIDLIEUTENANT COLONEL SUTHERLAND NARRATED IN THESAID BOND AND DISPOSITION IN SECURITY HAVE BELONGEDIF THEY HAVE TILL RECEIVED UPENALTY FORMER SECURITYAND IN CASE IF SHOULD BE FOUND THAT BY THE TRUECONSTRUCTION OF THE SAID DEED OF SETTLEMENT THEPROVISION THEREBY LEFT TO THE SAID MARY MAXWELLSUTHERLAND IN THE EVENT OF HEIRS DYING BEFOREHER MOTHER WOULD BE EVACUATED SO THAT THE SAMEWOULD FALL INTO HER BROTHER THE SAID GEORGESACKVILLE SUTHERLAND IN THAT CASE AND IN THE
  • 163. SAME EVENTS THE RIGHT OF THE SAID FRANCISLORD SEAFORTH THOUGH BY THE TENOR OF THE SAIDBOND AND DISPONE NOW IN SECURITY HIS LORDSHIPWAS MADE DIRECT CREDITOR SHOULD CEASE AND BECOMEVOID AND THE FIVEHUNDRED POUNDS MADE PAYABLE TOHIS LORDSHIP WITH THE INTEREST THEREOF FROMTHE DEATH OF THE LIFERENTING SHOULD BECOME PAYABLETO THE SAID GEORGE LACKWELL SUTHERLAND BUTOTHERWAYSTHE RIGHT TO THE SAID FIVEHUNDRED POUNDS SHOULDREMAINWITH HIS LORDSHIP IN THE SAID EVENT AS WELL AS IN ANYOTHER IN SECURITY OF THE SAID DEBT DUE TO HIMAND FOR THE FURTHER SECURITY AND MORE SURE PAYMENTOF THE SAID SUMS PRINCIPAL INTEREST AND PENALTYTHE SAID ALEXANDER MACKENZIE DID DISPONE ASSIGN ANDMAKE OVER TO THE AFORESAID MRS ELIZABETH BAILLIEIN LIFERENT AND MRS KATHARINE SUTHERLAND ANDFRANCIS LORD SEAFORTH THEIR HEIRS AND SUCCESSORSFOR THEIR RESPECTIVE INTERESTS INFEE AS AFORESAIDBUT ALWAYS WITH AND UNDER THIS CONDITION PROVISIONAND DECLARATIONS BEFORE SPECIFIED AND IN THE EVENTFORESAID TO THE SAID MARY MAXWELL SUTHERLAND ANDGEORGE SACKVILLE SUTHERLAND FOR THEIR RESPECTIVEINTERESTS AND TO THEIR HEIRS AND SUCCESSORSRESPECTIVEBY HERITABLY BUT UNDER REVERSION AS THEREINMENTIONEDALL AND WHOLE THE LANDS OF MANAV WITH THE HOUSESGARDEN ORCHARDS SHEILDING PARTS AND PENDICLES ANDUNIVERSAL PERTINENTS OF THE SAME ALL LYING WITHIN THEPARISH OF URRAY AND COUNTY OF ROSS AND ALL ANDWHOLE THE LANDS AND ESTATE AND COUNTY OFSTRATHCONNONCOMPREHENDING THE PARTICULAR TOWNS AND TENEMENTSSPECIFIED IN THE RIGHTS AND INFEFTMENTS THEREOFCONCEIVEDIN FAVOUR OF THE SAID ALEXANDER MACKENZIE HISPREDECESSORSAND ALL HEIRS AND BY WHATSOEVER DENOMINATION THEYGOAND ARE DESCRIBED THEIR WILL WHICH IN WHOLE EXTENDTO TWO DAVOCHS AND IN HALF DAVOCH LAND WITH THEWOODGRAZING SHEALING MOSSES PASTURAGES PARTSPENDICLESAND PERTINENTS KNOWN TO PERTAIN AND BELONG
  • 164. THERETOAND WHICH LANDS IN THE RESPECTIVE PARISHES OF URRAYFODDERTY AND CONTIN IN THE SHERIFFDOM OF ROSSTOGETHERWITH ALL RIGHT AND INTEREST CLAIM OF RIGHT PROPERLYAND POSSESSION WHICH THE SAID ALEXANDER MACKENZIEHIS AUTHORS AND PREDECESSORS HAD OR ANY WAYSRIGHTSHAVE CLAIM OR PRETEND TO THE SAID LANDS AND OTHERSOR TO ANY PART APPORTION THEREOF AND THEIR REALSECURITYGERALDINE LINEX1 COLINX11 KENNETH RODERICK MACKENZIE * MARGARET MCLEODX111 COLIN DIED 1626X1V GEORGEXV KENNETH JOHN MACKENZIE * MARGARETERSKINEOF TARBETDIED 1654XV1 KENNETH JOHN OF ASSINT * SIBELLA4th earl of CS 235/11/1 MISC DEED.seaforth ISLE OF SKYE.KENNETH OF ASSINT * FRANCIS ALEXANDER MACKENZIE* BARBARADIED 1723 1ST OF ARDLOCH DIED1736COLONEL ALEXANDER OFCONANSBAY brother to johnMAJOR WILLIAM MACKENZIEsonXV11 WILLIAMXV111KENNETH COLONEL THOMAS F MACKENZIEX1X KENNETH BARON ARDELVE HUMBERSTON FRANCISHUMBERSTONMACKENZIEbrother to francisDIED1815sasine william fraser of culbokie invernessRS2788/3.AT EDINBURGH 23/5/1856 BETWEEN THE HOURS OF TWOAND THREE INTHE AFTERNOONTHE INSTRUMENT OF SASINE UNDERWRITEN WAS BYJAMES MASON SOLICITOR SUPREME COURTS EDINBURGHPRESENTEDFOR REGISTRATION AND IS INGROSSED IN THE TWO
  • 165. THOUSANDSEVEN HUNDRED AND EIGHTY EIGHT BOOK OF THE NEWGENERALREGISTER OF SASINES REVERSIONS AS FOLLOWS VIZ. ATEDINBURGHTHERE WAS BY OR ON BEHALF OF WILLIAM FRASER ESQUIREOFCULBOKIE LATE CAPTAIN IN THE SEVENTY SIXTH REGIMENTOFINVERNESSHIRE MILITIA PRESENTED TO ME NOTARY PUBLICSUBSCRIBING A CHARTER OF SALE UNDER THE SEAL NOWUSEDFOR THE GREAT SEAL OF SCOTLAND AND BEARING DATE ASINTHE PRECEPT OF SASINE AND SEALING HEREINAFTERINSERTEDBY WHICH CHARTER VICTORIA BY THE GRACE OF GOD OF THEUNITED KINGDOM OF GREAT BRITAIN AND IRELAND QUEENDEFENDEROF THE FAITH GAVE AND GRANTED AND DISPONED AND FOREVERCONFIRMED TO THE SAID WILLIAM FRASER AND HIS HEIRSANDASSIGNEES WHOMSOEVER HERITABLY AND IRREDEEMABLYALLAND WHOLE THE FOLLOWINGPARTS AND PORTIONS OF THELANDSAND BARONY OF MACDONALD VIZ. ALL AND WHOLE THOSEPARTSAND PORTIONS LYING TO THE NORTH OF THE MARCHS OFTHE FARMSOR LANDS OF KINGSBURGH AND SCORRIEBRECK OF THEFOLLOWINGPARTS AND PORTIONS OF THE SAID LANDS OF THE BARONYOFMACDONALD VIZ. THE TEN PENNY LAND KILLIEVAXTER INTROTTERNISH WITH PARTS PENDICLES AND PERTINENTS ALLAND WHOLE THE 80 MERKS LANDS OF TROTTERNISH WITHCASTLETOWERS FORTALICES MANOR PLACES MILLS MULTURESWOODSFISHING AS WELL OF SALMON AND AS WELL IN SALT WATERAS IN FRESHWATER MOUNTAINS HILLS MUIRS MARSHES COMMONTIESPRIVILEGESPASTURAGES PARTS PENDICLES ANNEXIS CONNEXISOUTSETS
  • 166. COMPREHENDING OR CONSISTING THE SAID LANDS ANDOTHERSOF THE ENTIRE OR ALMOST THE ENTIRE PARISH OF KILMUIRAND PART OFTHE PARISH OF SNIGZORT IN THE ISLE OF SKYE OF SKYE ALLASDESCRIBED IN THE ARTICLES AND CONDITIONS OF ROUPTHEREOFDATED 30/5/1855 YEARS AND WHICH NOT WITHSTANDINGTHEDESCRIPTION THEREIN AND ABOVE GIVEN FROM THE TITLEDEEDSOF THE ESTATE IT IS BY SAID CHARTERS AS IT WAS BY THESAID ARTICLES AND CONDITIONS OF ROUP DECLAREDSHOULDBE HELD TO COMPREHEND AND TO CONSIST OF THOSEPARTSAND PORTIONS OF THE SAID LANDS AND BARONY OFMCDONALDIN THE THE PARISHES OF KILMUIR AND SNZORT AND ISLANDOF SKYE SITUATED AND LYING TO THE NORTH OF THEPRESENTMARCHES OF THE FARMS OF KINGSBURGH ANDSCORRIEBRECKAS IN THE SAID FARMS ARE NOW POSSESSED BY MR DONALDMCLEOD THE PRESENT TENANT THEREOF AS THE SAID LINESOF MARCH WERE SOMETIME MARKED AND PITTED OFF BYALEXANDERKENNETH MACKINNON ESQ. THE FACTOR FOR THE RIGHTHONOURABLEGODFREY WILLIAM WENTWORTH LORD MACDONALD AND NOOTHERLANDS AND THAT FREE FROM THE FETTERS OF THECONTRACT OR DEEDOF ENTAIL OF THE LANDS AND BARONY OF MCDONALDDATED THE07/9/ AND 08/11/1726 AND REGISTERED IN THE REGISTEROF TALZIESON THE 23/6/1836 MADE AND GRANTED BY AND BETWEENMR KENNETHMACKENZIE ADVOCATE OF THE ONE PART AND ALEXANDERMACDONALDONLY SON THEN IN LIFE OF THE DECEASED JAMESMACDONALD BROTHERTO THE LATE SIR DONALD MACDONALD OF THAT ILK OF THEOTHERPART AND FREE OF ALL DEBTS DILEGENCES AND
  • 167. INCUMBRANCESAFFECTING THE SAID LANDS AND OTHERS ABOVEDESCRIBED UNDERALL THE CONDITIONS PROVISIONS AND DECLARATIONSSPECIFIEDAND CONTAINED IN THE ARTICLES AND CONDITIONS OFROUP BEFOREMENTIONED WHICH ARE IN SAID CHARTER SPECIALLYREFERED TOBREVITATIS CAUSA AND WHICH TEN PENNY LAND OFKILLEVAXTERAND EIGHTY MERK LANDS OF TROTTERNISH AND OTHERSABOVEDESCRIBED ARE PART OF THE LANDS AND BARONY OFMACDONALDCONTAINED IN A PRECEPT FROM CHANCERY DATED SEVENTHMAYEIGHTEEN HUNDRED AND THIRTY THREE FOR INFEFTING THESAIDRIGHT HONORABLE GODFREY WILLIAM WENTWORTH LORDMCDONALDTHEREIN DESIGNED THE RIGHT HONOURABLE LORDGODFREY WILLIAMWENTWORTH MACDONALD OF THE ISLES BARONET OFMACDONALDLORD OF SLATE BARON MACDONALD IN THE SAID LANDSAND BARONYOF MACDONALD AS ELDEST SON AND NEAREST AND LAWFULHEIR OFTALZIE AND PROVISION IN SPECIAL OF LIEUTENANT GENERALLORDGODFREY BOSVILLE MACDONALD OF THE ISLES BARONETOF MACDONALDLORD OF SLATE BARON MACDONALD HIS FATHER ANDINSTRUMENT OFSASINE FOLLOWING THEREON IN FAVOUR OF THE SAID RIGHTHONOURABLEGODFREY WILLIAM WENTWORTH LORD MACDONALD IN THESAID LANDSAND BARONY OF MACDONALD DATED 15/05/1833 ANDRECORDED IN THEGENERAL REGISTER OF SASINES AT EDINBURGH THE11/07/1833 ANDWHICH LANDS AND OTHERS ABOVE DESCRIBED ARE BY THESAID CHARTERDISUNITED FROM ALL AND SUNDRY EARLDOMS LORDSHIPSBARONIES AND
  • 168. OTHERS WHATSOEVER WHEREUNTO THEY WERE FORMERLYUNITED ANDANNEXED OR WHEREOF THEY WERE PARTS AND PERTINENTSTO BE HOLDENTHE SAID LANDS AND OTHERS OF THE CROWN IN FREEBLENCH FARMFEE AND HERITAGE FOR EVER FOR PAYMENT THEREFOR OF APENNY SCOTSAT WHITSUNDAY YEARLY OF BLENCH DUTY IF ASKED ONLYWHICH CHARTERONLY WHICH CONTAINS A PRECEPT OF SASINE IN THEFOLLOWING TERMSMOREOVER WE DESIRE ANY NOTARY PUBLIC TO WHOM THISCHARTERMAY BE PRESENT TO GIVE TO THE SAID WILLIAM FRASER ORHIS FORESAIDSSASINE OF THE LANDS AND OTHERS ABOVE DESCRIBED ANDTHAT FREEDFROM THE FETTERS OF THE CONTRACT OR DEED OF ENTAILABOVEREFERRED TO AND OF ALL DEBTS DILEGENCE ANDINCUMBRANCESAFFECTING THE SAME IN WITNESS WHEREOF WE HAVEORDERED THE SEALNOW USED FOR THE GREAT SEAL OF SCOTLAND TO BEAPPENDED HERETOOF THIS DATE AND THE SAME IS ACCORDINGLY APPENDED ATEDINBURGHTHE 16/05/1856 YEARS. ARCHIBALD MCNEILL DIRECTOR OFCHANCERYF.W.L.GORDON SUBSTITUTE KEEPER OF THE SEAL 24POUNDS SCOTTSMONEY IN VIRTUE OF WHICH PRECEPT I HERBY GIVE SASINETO THE SAIDWILLIAM FRASER OF THE LANDS AND OTHERS ABOVEDESCRIBED AND THATFREED FROM THE FETTERS OF THE SAID CONTRACT OR DEEDOF ENTAILBEFORE REFERED TO AND OF ALL DEBTS DILEGENCES ANDINCUMBRANCESAFFECTING THE SAME IN WITNESS WHEREOF I HAVESUBSCRIBED THESEPRESENTS WRITEN APON THIS AND THE TWO PRECEEDINGPAGESBY ALEXANDER ARCHIBALD APPRENTICE TO JAMES MASONSOLICITORSUPREME COURTS EDINBURGH BEFORE THESE WITNESSES
  • 169. THE SAIDJAMES MASON AND ALEXANDER ARCHIBALD BOTH ABOVEDESIGNEDPEIEGI WILLIAM MASON NOTARY PUBLIC JAMES MASONWITNESSALEXANDER WITNESS COLLATED BY JAMES LINDSAYWRITTEN BYGEORGE Y. RUTHERFORD.sasine william fraser of culbokie invernessRS2788/3.AT EDINBURGH 23/5/1856 BETWEEN THE HOURS OF TWOAND THREE INTHE AFTERNOONTHE INSTRUMENT OF SASINE UNDERWRITEN WAS BYJAMES MASON SOLICITOR SUPREME COURTS EDINBURGHPRESENTEDFOR REGISTRATION AND IS INGROSSED IN THE TWOTHOUSANDSEVEN HUNDRED AND EIGHTY EIGHT BOOK OF THE NEWGENERALREGISTER OF SASINES REVERSIONS AS FOLLOWS VIZ. ATEDINBURGHTHERE WAS BY OR ON BEHALF OF WILLIAM FRASER ESQUIREOFCULBOKIE LATE CAPTAIN IN THE SEVENTY SIXTH REGIMENTOFINVERNESSHIRE MILITIA PRESENTED TO ME NOTARY PUBLICSUBSCRIBING A CHARTER OF SALE UNDER THE SEAL NOWUSEDFOR THE GREAT SEAL OF SCOTLAND AND BEARING DATE ASINTHE PRECEPT OF SASINE AND SEALING HEREINAFTERINSERTEDBY WHICH CHARTER VICTORIA BY THE GRACE OF GOD OF THEUNITED KINGDOM OF GREAT BRITAIN AND IRELAND QUEENDEFENDEROF THE FAITH GAVE AND GRANTED AND DISPONED AND FOREVERCONFIRMED TO THE SAID WILLIAM FRASER AND HIS HEIRSANDASSIGNEES WHOMSOEVER HERITABLY AND IRREDEEMABLYALLAND WHOLE THE FOLLOWINGPARTS AND PORTIONS OF THELANDSAND BARONY OF MACDONALD VIZ. ALL AND WHOLE THOSEPARTSAND PORTIONS LYING TO THE NORTH OF THE MARCHS OF
  • 170. THE FARMSOR LANDS OF KINGSBURGH AND SCORRIEBRECK OF THEFOLLOWINGPARTS AND PORTIONS OF THE SAID LANDS OF THE BARONYOFMACDONALD VIZ. THE TEN PENNY LAND KILLIEVAXTER INTROTTERNISH WITH PARTS PENDICLES AND PERTINENTS ALLAND WHOLE THE 80 MERKS LANDS OF TROTTERNISH WITHCASTLETOWERS FORTALICES MANOR PLACES MILLS MULTURESWOODSFISHING AS WELL OF SALMON AND AS WELL IN SALT WATERAS IN FRESHWATER MOUNTAINS HILLS MUIRS MARSHES COMMONTIESPRIVILEGESPASTURAGES PARTS PENDICLES ANNEXIS CONNEXISOUTSETSCOMPREHENDING OR CONSISTING THE SAID LANDS ANDOTHERSOF THE ENTIRE OR ALMOST THE ENTIRE PARISH OF KILMUIRAND PART OFTHE PARISH OF SNIGZORT IN THE ISLE OF SKYE OF SKYE ALLASDESCRIBED IN THE ARTICLES AND CONDITIONS OF ROUPTHEREOFDATED 30/5/1855 YEARS AND WHICH NOT WITHSTANDINGTHEDESCRIPTION THEREIN AND ABOVE GIVEN FROM THE TITLEDEEDSOF THE ESTATE IT IS BY SAID CHARTERS AS IT WAS BY THESAID ARTICLES AND CONDITIONS OF ROUP DECLAREDSHOULDBE HELD TO COMPREHEND AND TO CONSIST OF THOSEPARTSAND PORTIONS OF THE SAID LANDS AND BARONY OFMCDONALDIN THE THE PARISHES OF KILMUIR AND SNZORT AND ISLANDOF SKYE SITUATED AND LYING TO THE NORTH OF THEPRESENTMARCHES OF THE FARMS OF KINGSBURGH ANDSCORRIEBRECKAS IN THE SAID FARMS ARE NOW POSSESSED BY MR DONALDMCLEOD THE PRESENT TENANT THEREOF AS THE SAID LINESOF MARCH WERE SOMETIME MARKED AND PITTED OFF BYALEXANDERKENNETH MACKINNON ESQ. THE FACTOR FOR THE RIGHTHONOURABLE
  • 171. GODFREY WILLIAM WENTWORTH LORD MACDONALD AND NOOTHERLANDS AND THAT FREE FROM THE FETTERS OF THECONTRACT OR DEEDOF ENTAIL OF THE LANDS AND BARONY OF MCDONALDDATED THE07/9/ AND 08/11/1726 AND REGISTERED IN THE REGISTEROF TALZIESON THE 23/6/1836 MADE AND GRANTED BY AND BETWEENMR KENNETHMACKENZIE ADVOCATE OF THE ONE PART AND ALEXANDERMACDONALDONLY SON THEN IN LIFE OF THE DECEASED JAMESMACDONALD BROTHERTO THE LATE SIR DONALD MACDONALD OF THAT ILK OF THEOTHERPART AND FREE OF ALL DEBTS DILEGENCES ANDINCUMBRANCESAFFECTING THE SAID LANDS AND OTHERS ABOVEDESCRIBED UNDERALL THE CONDITIONS PROVISIONS AND DECLARATIONSSPECIFIEDAND CONTAINED IN THE ARTICLES AND CONDITIONS OFROUP BEFOREMENTIONED WHICH ARE IN SAID CHARTER SPECIALLYREFERED TOBREVITATIS CAUSA AND WHICH TEN PENNY LAND OFKILLEVAXTERAND EIGHTY MERK LANDS OF TROTTERNISH AND OTHERSABOVEDESCRIBED ARE PART OF THE LANDS AND BARONY OFMACDONALDCONTAINED IN A PRECEPT FROM CHANCERY DATED SEVENTHMAYEIGHTEEN HUNDRED AND THIRTY THREE FOR INFEFTING THESAIDRIGHT HONORABLE GODFREY WILLIAM WENTWORTH LORDMCDONALDTHEREIN DESIGNED THE RIGHT HONOURABLE LORDGODFREY WILLIAMWENTWORTH MACDONALD OF THE ISLES BARONET OFMACDONALDLORD OF SLATE BARON MACDONALD IN THE SAID LANDSAND BARONYOF MACDONALD AS ELDEST SON AND NEAREST AND LAWFULHEIR OFTALZIE AND PROVISION IN SPECIAL OF LIEUTENANT GENERAL
  • 172. LORDGODFREY BOSVILLE MACDONALD OF THE ISLES BARONETOF MACDONALDLORD OF SLATE BARON MACDONALD HIS FATHER ANDINSTRUMENT OFSASINE FOLLOWING THEREON IN FAVOUR OF THE SAID RIGHTHONOURABLEGODFREY WILLIAM WENTWORTH LORD MACDONALD IN THESAID LANDSAND BARONY OF MACDONALD DATED 15/05/1833 ANDRECORDED IN THEGENERAL REGISTER OF SASINES AT EDINBURGH THE11/07/1833 ANDWHICH LANDS AND OTHERS ABOVE DESCRIBED ARE BY THESAID CHARTERDISUNITED FROM ALL AND SUNDRY EARLDOMS LORDSHIPSBARONIES ANDOTHERS WHATSOEVER WHEREUNTO THEY WERE FORMERLYUNITED ANDANNEXED OR WHEREOF THEY WERE PARTS AND PERTINENTSTO BE HOLDENTHE SAID LANDS AND OTHERS OF THE CROWN IN FREEBLENCH FARMFEE AND HERITAGE FOR EVER FOR PAYMENT THEREFOR OF APENNY SCOTSAT WHITSUNDAY YEARLY OF BLENCH DUTY IF ASKED ONLYWHICH CHARTERONLY WHICH CONTAINS A PRECEPT OF SASINE IN THEFOLLOWING TERMSMOREOVER WE DESIRE ANY NOTARY PUBLIC TO WHOM THISCHARTERMAY BE PRESENT TO GIVE TO THE SAID WILLIAM FRASER ORHIS FORESAIDSSASINE OF THE LANDS AND OTHERS ABOVE DESCRIBED ANDTHAT FREEDFROM THE FETTERS OF THE CONTRACT OR DEED OF ENTAILABOVEREFERRED TO AND OF ALL DEBTS DILEGENCE ANDINCUMBRANCESAFFECTING THE SAME IN WITNESS WHEREOF WE HAVEORDERED THE SEALNOW USED FOR THE GREAT SEAL OF SCOTLAND TO BEAPPENDED HERETOOF THIS DATE AND THE SAME IS ACCORDINGLY APPENDED ATEDINBURGHTHE 16/05/1856 YEARS. ARCHIBALD MCNEILL DIRECTOR OFCHANCERY
  • 173. F.W.L.GORDON SUBSTITUTE KEEPER OF THE SEAL 24POUNDS SCOTTSMONEY IN VIRTUE OF WHICH PRECEPT I HERBY GIVE SASINETO THE SAIDWILLIAM FRASER OF THE LANDS AND OTHERS ABOVEDESCRIBED AND THATFREED FROM THE FETTERS OF THE SAID CONTRACT OR DEEDOF ENTAILBEFORE REFERED TO AND OF ALL DEBTS DILEGENCES ANDINCUMBRANCESAFFECTING THE SAME IN WITNESS WHEREOF I HAVESUBSCRIBED THESEPRESENTS WRITEN APON THIS AND THE TWO PRECEEDINGPAGESBY ALEXANDER ARCHIBALD APPRENTICE TO JAMES MASONSOLICITORSUPREME COURTS EDINBURGH BEFORE THESE WITNESSESTHE SAIDJAMES MASON AND ALEXANDER ARCHIBALD BOTH ABOVEDESIGNEDPEIEGI WILLIAM MASON NOTARY PUBLIC JAMES MASONWITNESSALEXANDER WITNESS COLLATED BY JAMES LINDSAYWRITTEN BYGEORGE Y. RUTHERFORD.CS 235/11/MISC-3DEPOSITIONS OF MR ALEXANDER MACKENZIE AND EDWARDCALLENDER1720ANSWERS FOR MR ALEXANDER MACKENZIE ONE OF THEPRINCIPALCLERKS OF SESSIONTHE PETITION OF THE COMMISSIONERS AND TRUSTEES FORSALE OFFORFEITED ESTATESTHE SAID COMMISSIONERS AND TRUSTEES HAVE EXHIBITED APETITIONAGAINST THE SAID MR ALEXANDER MACKENZIE COMPLAININGOF HISREFUSEING TO GIVE THEM AN EXTRAIT OF A DECREETPRONOUNCEDON AN EXEPTION OF KENNETH MACKENZIE OF ASSINT ANDCOLLONELALEXANDER MACKENZIE OF CONASBAY HIS CURATOR ASSUPERIOR OFTHE LANDS OF TROTTERNESS LATE THE PROPERTY OF THELATE SIR
  • 174. DONALD MACDONALD.AND CRAVEING THAT HE AND HIS SERVANT MAY BE EXAMINEDUPONTHE MATTER CONTAINED IN THE SAID PETITION AND THAT HEMAYBE ORDAINED TO GIVE AN EXTRACT OF THE PROCESS OR TOSECURETHE TRUSTEES AGAINST FUTURE EXTRAITES AND TO ORDAINHIMTO FIND CAUTION FOR SUCH DAMAGES AS MAY ARISE TO THETRUSTEESAND THAT HE MAY BE CENSURED AND TO PRODUCE THEGROUNDS ANDWARRANDS OF THE PROCESS THE SAID MR ALEXANDERMACKENZIE WILLWITH GREAT EASE MAKE ANSWER TO WHAT IS CHARGEDUPON HIMAND FIRST HE SAYS THERE WAS AN EXEPTION AS TO THELANDS OFTROTTERNISH EXHIBITED IN THE MANNER MENTIONED IN THEPETITION AND THAT THERE WERE ANSWERS PUTT IN BY THECOMMISSIONERS TO THE SAID EXCEPTIONBUT THEN HE SAYS THAT THERE WAS NO SUCHINTERLOQUITORYSENTENCE AS MENTIONED IN THE PETITION PRONOUNCEDBY THECOURT NOR DID HE DELIVER A COPIE OF SUCH ANINTERLOQUITORTO THOMAS FORDYCE AGENT AND DOER FOR THE TRUSTEESNORDOES HE BELIEVE THAT EDWARD CALLENDER HIS SERVANTDIDDID DELIVER ANY SUCH INTERLOQUITOR OR DECREE IN THETERMS MENTIONED IN THE PETITIONTHAT WHAT ENDEVOURS WERE USED FOR OBTAINING ANEXTRACTWAS A FRUITLESS LABOUR FOR REASONS FORESAIDAFFIRMS THAT ASSINT WHO PRESENTED THE EXEPTION DIDAGAINWITHDRAW HIS EXCEPTION AND QUITT ANY CLAIM HETHEREBYAND THIS APPEARS BY WHAT IS WRITT ON THE BACK OF THEEXCEPTIONHE IS ALTOGETHER UNCONCERNED WHAT MAY BE THECONSEQUENCEOF THE PETITIONERS WANT OF AN EXTRACT OF A SENTENCETHAT
  • 175. WAS NEVER GIVENTHAT HE NEITHER HAS ANY SUCH INTERLOQUITOR NOR DOESBELIEVETHAT ANY SUCH EVER WAS PRONOUNCEDTHAT HE WAS WILLING TO PRODUCE AND LAY BEFORE YOURLORDSHIPSAS NOW HE HAS DONE THE PRINCIPAL EXCEPTION WITH THEANSWERDELIVEREDNOR IS HE CONCERNED IN THE REASONING PART OF THEPETITIONWHERE THE PETITIONERS WOULD FORM AN ARGUMENTAGAINSTHIM AS IF IT WERE INCREDIBLE THAT ASSINT WOULD MOVE ANOBJECTION AGAINST HIMSELF THOUGH HE BELIEVES THETRUEREASON WAS THAT WHEN ASSINTES PROCURATORS CAMETO LOOK INT THE DEIT OF MAILLS AND DUTIES OBTAINED ATHISINSTANCE AGAINST THE VASSALLS THEY FOUND THAT SIRDONALDSTENNENTS WERE NOT CALLED THEREIN NOR HAD HEOBTAINED HIMSELFINFEFT IN THE SAID LANDS IN THE TERME OF THE ACT FORENCOURAGEINGSUPERIORS ETCAND IT IS SOMEWHAT TOO SUBTILL TO SAY THAT IF ASSINTHAS WITHDRAWNANYTHING TIS SUSPECTED TO BE SIGNED INTERLOQUITORFOR BY THETERM " WITHDRAWN" HERE NOTHING ELSECOULD BE MEANT BUTTHAT ASSINT HAD WAVED OR PASSED FROM HIS EXCEPTIONHE SAYS THAT HE HAD NOT WITHDRAWN THE PROCESS NORANYPART OF THE PROCESS ALL IS STILL EXTANT AND ISHEREWITHPRODUCED.CS 235/11/MISC- 4AS TO WHAT IS ALLEGED THAT THE INTERLOQUITOR WASACTUALLYSIGNED UPON AN AGREEMENT ADDUCED FROM THE ACT OFREGULATION1672 THAT DOES NOT CONCERNE HIM NO DOUBT THECOMMISSIONERSMIGHT HAVE OBTAINED PROTESTATION BUT THEY DO NOTPRETENT
  • 176. THAT THE SAME WAS SOUGHT AND THEY MIGHT HAVE GOTNOTTICEFROM THE PROCURATORS COMPEARING FOR THEM THAT THEEXCEPTANT DID WAVE HIS CLAIM WITHOUT ANY OPPOSITIONON THEIRSIDENOR IS IT HIS BUSINESS MUCH TO NOTICE WHAT IS ARGUEDFROM THE PRESIDENTES ROLL IT IS SUFFICIENT FOR HISEXONERATION TO SAY THAT NO SUCH INTERLOQUITORWAS SIGNED BY THE PRESEDENT AND THEREFORE HE IS NOTFARTHER CONCERNEDHE SUBMITTS HIMSELF TO ONE EXAMINATION AND TO YOURLORDSHIPS JUDGEMENTS AFTER THE EXAMINATION IS MADEAND HOPES THAT AFTER TRIAL THE PETITION WILL BE FOUNDGROUNDLESS ONLY THIS HE MUST OBSERVE THAT SEEINGTHE PETITIONERS PRETEND TO HAVE A COPY OF THEINTERLOQUITOR UNDER EDWARD CALENDERS HAND THESAMEOUGHT TO HAVE BEEN PRODUCED AND TILL IT BE PRODUCEDHE WILL BEG LEAVE TO SAY THAT HE HAS GREAT DIFFERENCETHEREOF.YOUR LORDSHIPS MAY PROCEED TO EXAMINATIONAND TRYALL WHEN YOU PLEASE MR MACKENZIEIS READY TO MAKE ANSWERS BUT IN THE MEANTIME HE EXPECTES THAT YOUR LORDSHIPS WILLORDAIN THE COPIE OF THE INTERLOQUITORMENTIONED IN THE PETITION TO BE EXHIBITED WHICHHE FIRMLY BELEIVES WAS NOT DELIVERED TO THOMASFORDYCE THE AGENTALEXANDER HAY.UPON THE FIRST DAY AUGUST 1M [1000] VIJC [700] ANDNINETEENYEARS I THOMAS GRAME ONE OF THE MACERS BEFORE THERIGHTHONOURABLE THE LORDS OF COUNCIL AND SESION BYVIRTUEOF AND IN OBEDIENCE TO THE SAID LORDS THEIR ACT OFSEDERUNTDATED THE FOURTEENTH OF JULY LAST FOR RECORDINGEXEPTIONSIN A PARLAR REGISTER CONFORM TO THE ACT OFPARLIAMENTQUINTO GEORGII IN THE FIFTH OF GEORGEDID PASS WITH THE WITNESSES AFTERNAMED AND HERETOSUBSCRIBINGTO THE OFFICE WITHIN THE PARLIAMENT CLOSS OF THECOMMISSIONERSOF INQUIRE AND TRUSTEES FOR DISPOSING OF FORFEITED
  • 177. ESTATESAND THEN AND THERE DID INTIMATE TO THE COMMISSIONERSAND TRUSTEESTHAT THE EXCEPTIONS FOR KENNETH MCKENZIE OF ASSINTAND HISCURATORS FOR THE INTEREST EXCIPIENTS WERE UPON THETHIRTYFIRST DAY OF JULY LAST PRESENTED TO THE SAID LORDS OFSESSIONTO THE INTENT THE SAID EXCIPIENTS THEIR RIGHT AND TITLETO THEFOURSCORE MERK LANDS OF TROTTERNESS MIGHT BEASCERTAINED ANDDECLARED NOTWITHSTANDING OF THE ATTAINER ORCONVICTION OFSIR DONALD MACDONALD OF SLATE AND LATE EARL OFSEAFORTHAND WITH THE VOUCHERS AND INSTRUCTIONS THEREOF ARELODGEDAND IN THE OFFICE OF MR ALEXANDER MACKENZIE ONE OFTHEPRINCIPAL CLERKS OF SESSION WHERE THE SAME ARE TO BESEENTHIS I DID BY LEAVING WITH AND DELIVERING A FULL DOUBLEOFTHE SAID EXCEPTIONS AN AUTHENTICK COPY HEREOFTHERETOSUBJOINED WITHIN THE SAID OFFICE TO ALEXANDER MONROHOUSEKEEPER IN ABSENCE OF THE SAID COMMISSIONERSAFTERI ENQUIRED IF ANY OF THEM WERE PRESENT AND IN THEOFFICEAT THAT TIME BEFORE AND IN PRESENCE OF ARCHIBALD ANDDUGALD CAMPBELLS BOTH WRITERS IN EDINBURGH ANDFOR THE MORE VERIFICATION HEREOF I THE SAID WITNESSESSUBSCRIBED THESE PRESENTS DAY AND DATE SAID.CS 235/11/MISC- 5COPY INTERLOQUITOR ASSINT AGAINST SIR DONALDMCDONALDLANDS TROTTERNISH 17193 SEPTEMBER 1719THE LORDS HAVING ADVISED THE EXCEPTIONS PRESENTEDBYKENNETH MCKENZIE OF ASSINT AND COLLONEL ALEXANDERMCKENZIE OF CANNASBY HIS CURATOR ACTS OFPARLIAMENTREFERED TO THEREIN ANSWERS FOR THE PUBLIC WITH THE
  • 178. WRITS PRODUCED AND DEBAITETHEY FIND THAT THE EXCEPTANT HATH RIGHT TO THEPROPERTYOF FOURSCORE MARK LAND OF TROTTERNESS LYING WITHINTHE PAROCHIAL DISTRICT AND SHERIFDOM OF -------------------------WHICH WERE HOLDEN OF THE EXIPIENT AS SUPERIOR BY THELATE SIR DONALD MCDONALD WHO WAS ATTAINED OF HIGHTREASON BY AN ACT 1 GEORGII OF THE 1ST OF GEORGEINTITLED AN ACT FOR THE ATTAINER OF GEORGE EARLMARSHALLETCAND FIND THE EXCEPTANT HATH RIGHT TO THE RENTSPROFITS ANDISSUES PAYABLE FOR THE SAID LANDS FROM AND SINCE THE27THOF JUNE 1715 WITH THE BURDEN OF PROPORTION OF THEDEBTS INTHE TERMS OF THE ACT OF PARLIAMENT 5 GEORGII OF THE5THOF GEORGE INTITLED ACT FOR ENLARGING THE TIME TODETERMINECLAIMS ON FORFEIT ESTATES AND THAT THE PUBLIC HATHNORIGHT THERETO AND FIND DECERN AND DECLAREACCORDINGLYSIC SUB SCRIB ITUR THUS IT IS SUBSCRIBED JAMES ERSKINE4TH FEBRUARY 1720LORD PENCAILLANDTHIS IS THE COPY OF THE ALLEGED INTERLOQUITOR STOWHICHALEXANDER MCKENZIE ONE OF THE CLERKS OF SESSION HISOATH OF THIS DATE RELATESJ.HAMILTONCS 235/11/MISC- 6ANSWERS FROM MR ALEXANDER MACKENZIE TO THEPETITIONGIVEN IN BY THE TRUSTEES TO FORFEITED ESTATE 17204 FEBRUARY 1720IN THE PRESENCE OF THE LORD PENCAILLAND COMPEAREDALEXANDERMCKENZIE ONE OF THE CLERKS OF SESSIONAND BEING SOLEMNLY SWORN EXAMINED AND INTERROGATIN TERMSOF THE INTERLOQUITOR OF THIS DATEDISPONES THAT THE DEPONENT DID NEVER WRITE ANYINTERLOQUITORSUSTAINING THE EXEPTION AT THE INSTANCE OF KENNETH
  • 179. MCKENZIEOF ASSINT AND HIS CURATORS AGAINST THE PUBLIC FINDINGTHATTHE EXEPTANT HAD RIGHT TO THE PROPERTY OF THE LANDSOFTROTTERNISH WHICH WERE HOLDEN BY THE LATE SIRDONALDMCDONALD OF THE EXCEPTANT.AND THAT IT DOES NOT CONSIST WITH HIS KNOWLEDGE THATANYSUCH INTERLOQUITOR WAS WRITE BY ANY OTHER OF THECLERKSOF SESSION AS MENTIONED IN THE PETITION ANDCOMPLAINTOFFERED IN NAME OF THE COMMISSIONERS AND TRUSTEESFORTHE SALE OF FORFEITED ESTATES AN ALLEDGED COPYWHEREOF IS PRESENTLY PRODUCED AND MARKED BY THELORD EXAMINATORAND THAT THE DEPONENT DID NEVER SEE ANY SUCHINTERLOQUITORSIGNED BY THE LORD GRANGE THEN PRESIDENT OF THECOURT OFSESSION WHICH BEARS TO BE DATED THE THIRD DAY OFSEPTEMBERLASTAND THAT THE DEPONENT DOES NOT REMEMBER THAT ANYSUCHINTERLOQUITOR PAST IN THE SAID COURT OF SESSIONAND FURTHER PRODUCED THE PRINCIPAL EXCEPTION WHICHHAS NO SIGNED INTERLOQUITOR UPON IT EXCEPT THAT OFTHELAST OF JULIE ORDERING THE SAME TO BE INTIMATED AT THEENQUIRIE OFFICEAND APON THE BACK OF THE SAID EXEPTION THERE ISWRITENTHE WORD "WITHDRAWN" WITH THE DEPONENTSOWN HANDAND THAT IT WAS NOT ORDINARY IN OTHER CASES TO SIGNTHAT WORD "WITHDRAWN" WHEN THERE WAS NOMOREUPON ITHE ALSO PRODUCES THE EXECUTION OF THE SAIDEXCEPTION WITHTWO ANSWERS GIVEN IN BY PUBLIC TO THE EXCEPTIONALEXANDER MACKENZIEJ.HAMILTON
  • 180. PRESENTED BY MCKENZIE OF ASSINT AND HIS CURATORSONE DATEDTENTH OF AUGUST AND THE OTHER THE THIRD SEPTEMBERLASTWHICH ARE THE ONLY ANSWERS GIVEN IN BY THECOMMISSIONERSTO THE HAILL EXCEPTIONS PRESENTED BY ASSINTAND DEPONES HE HAS NO OTHER GROUNDS OR WARRADSIN RELATION TO THE SAID INTERLOQUITOR NOR DOESHE REMEMBER THAT THERE WERE ANY WRITES PRODUCEDRELATING TO THE LANDS MENTIONED IN THE SAIDEXCEPTIONEXCEPT SUCH AS WERE PRODUCED BY THE EXCEPTANTSAND TAKEN UP BY THEM OR THEIR DOERSAND THIS IS THE TRUTH AS HE SHALL ANSWER TO GODALEXANDER MACKENZIEJ.HAMILTONCS 235/11/MISC- 723 FEBRUARY 1720EDWARD CALLENDER SERVITOR TO MR ALEXANDERMCKENZIEONE OF THE CLERKS OF SESSION AND BEING SOLEMNLYSWORNEXAMINED AND INTEROGATED IN THE TERMS OF THEINTERLOQUITOROF THE 4 TH FEBRUARY INSTANTDEPONES THAT HE DID NOT DELIVER TO MR FORDYCE OR TOANYOTHER DOER FOR THE COMMISSIONERS OR TRUSTEES FORFORFEITTEDESTATES THE COPY OF THE INTERLOQUITOR MENTIONED INTHE SAIDTRUSTEES THEIR PETITION DATED TWENTY FIRST JANUARYLASTFINDING THAT KENNETH MCKENZIE OF ASSINT ANDCOLLONELMCKENZIE HIS CURATOR HAD RIGHT AS SUPERIORS TO THEPROPERTYOF THE LANDS OF TROTTERNISH WHICH HELD OF HIM BY THELATESIR DONALD MCDONALDIN SO FAR AS THE DEPONENT REMEMBERSAND THAT HE KNOWS NOTHING OF THE GIVING OUT DOUBLEOF THESAID INTERLOQUITOR TO THE SAID COMMISSIONERS ORTHEIR DOERSWHICH COPY OF THE SAID INTERLOQUITOR AS MENTIONED IN
  • 181. THESAID PETITION IS MARKED BY THE LORD EXAMINATORAND BEING EXAMINED AND INTERROGATED BY THEPROCURATORSOF THE SAID TRUSTEES IF THE PAPER PRESENTLY PRODUCEDBYTHEM AND MARKED BY THE ORDINARY WHICH CONTAINS ANINTERLOQUITOR IN FAVOUR OF KENNTH MCKENZIE INRELATIONTO THE PROPERTY OF THE LANDS AND ESTATE OFAPPLECROSSWHICH HE CLAIMED AS SUPERIOR OF THE SAID LANDSEDWARD CALLENDERJ.HAMILTONAND TO WHICH IS ADJECTED A MEMORIAL IN THESE TERMSVIZ..THE LIKE INTERLOQUITOR IS APON THE OTHER EXCEPTIONSAGAINSTTHE VASSALS MUTATIS MUTANDIS NECESSARY CHANGESBEINGMADE EXCEPT THESE AGAINST WHOM THECONDISCENDANCEWAS GIVEN AND WHEREON THEY ARE ALLOWED ADILLIGENCE TOPROVE THAT THE LANDS HOLD OF ASSINTIF THE SAID PAPERS MARKED AS SAID IS WAS THE HANDWRITING OF THEDEPONENT AND DELIVERED BY HIM TO THE SAID THOMASAND DEPONES THAT HE DID DELIVERED THE SAID PAPER TOTHE BESTOF THE DEPONENTS MEMORYTO THE SAID THOMAS FORDYCEORHIS SERVANT AS DOERS FOR THE SAID COMISSIONERSAND DEPONES THAT HE DID NEVER DELIVER ANY OTHERCOPY OFAN INTERLOQUITOR IN RELATION TO ASSINT RIGHT OFPROPERTYTO THE LATE SIR DONALD MCDONALD LANDS TROTTERNISHOR THE OTHER VASSALS OF THE LATE EARL OF SEAFORTHEXCEPT WHAT IS ABOVE DEPONED ON TO THE BEST OF THEDEPONENTS MEMOREAND BEIND INTERROGATED IF THE DATES WRITEN ON THEMARGINSOF THE SAID PAPER BE THE TRUE DATES DEPONES HE DOESNOTKNOW BUT IS WILLING TO PRODUCE THE PRINCIPALWARANDS
  • 182. THEMSELVESAND THAT ORDINARLY THE COMMISSIONERS DOERS GETCOPIESOF THE INTERLOQUITORS BEFORE THE SAME WERE SIGNEDBY THE LORD PRESIDENTAND THIS IS THE TRUTH AS HE SHALL ANSWER TO GODEDWARD CALLENDERJ.HAMILTONMR CARDEN PROCURATOR OR FOR THE SAID TRUSTEESDECLAIREDTHAT HE HAS CONCLUDED HIS PROBATION BY THE ABOVEOATHSTHE LORD ORDINARY IS TO REPORT THE SAME TO THE LORDWITHHIS FIRST CONVENIENCE AND ALLOWS TH SAIDPROCURATORSIN THE MEAN TIME TO SEE THE INTERLOQUITOR AS TO THEPROPERTY OF APPLECROSS TO THE END THEY MAY KNOWTHE DATETHEREOFJ.HAMILTONCS235/11/MISC-1EXCEPTIONS FOR KENNETH MACKENZIE OF ASSINT AND HISCURRATORSANENT THE LANDS OF TROTTERNISH BELONGING TO THEDECEASEDSIR DONALD MACDONALD WITHDRAWN 1719 MCKENZIECLERKT.G. THOM.GRAEMAD & DC SIGNEDEXCEPTIONS FOR KENNETH MACKENZIE OF ASSINT ANDCOLLONELALEXANDER MACKENZIE OF CONANSBAY HIS CURATOR FORHISINTEREST AGAINST THE POSSESSION TAKEN OR TO BE TAKENOF THE FOURSCORE MERK LAND TROTTERNISH SURVEYEDBY ORDER OF THE COMMISSIONERS AND TRUSTEESAPPOINTEDFOR FORFEITED ESTATESHUMBLY PRESENTED IN PURSUANCE OF THE ACT QUINTOGEORGII INTHE FIFTH YEAR OF GEORGE ENTITLED ACT FOR ENLARGEINGTHE TIME TO DETERMINE CLAIMS ON THE FORFEITEDESTATESTO THE RIGHT HONOURABLE THE LORDS OF COUNCIL ANDSESSIONTO THE INTENT HIS RIGHT AND TITLE TO THE SAID
  • 183. FOURSCOREMERK LANDS TROTTERNISH HOLDEN BY SIR DONALDMCDONALDLATE OF SLATE OF THE SAID EXCIPIENT AS SUPERIORTHEREOFMAY IN THE TERMS OF TH ACT OF THE FIRST OF THE KINGENTITLEDACT FOR ENCOURAGEING ALL SUPERIORS VASSALS ETC BEASCERTAINEDBY THE FORESAID ACT OF THE FIRST OF THE KING ENTITLEDACT FORENCOURAGING ALL SUPERIOR VASSALLS LANDLORDS ANDTENNANTSIN SCOTLAND IT IS AMONGS OTHER THINGS ENACTED THAT IFANY SUBJECTOF GREAT BRITAIN HOLDING LANDS OF A SUBJECT SUPERIORIN SCOTLANDHAS BEEN OR SHALL BE GUILTY OF SUCH HIGH TREASON ORTREASONSAS ARE MENTIONED IN THE SAID ACT EVERY SUCH OFFENDERWHOSHALL BE THEREOF DUELY CONVINCED AND ATTAINED SHALLBE LIABLE TO THE PAINS PENALTIES AND FORFEITURES OFHIGHTREASON AND HIS LANDS OR TENEMENTS HELD OF ANYSUBJECTSUPERIOR IN SCOTLAND SHALL RECOGNISE AND RETURNINTOTHE HANDS OF THE SUPERIOR AND THE PROPERTY SHALL BEANDIS HEREBY CONSOLIDATED WITH THE SUPERIORITY IN THESAMEMANNERAS IF THE LANDS OR TENEMENTS HAD BEEN BY THEVASSALRESIGNED INTO THE LANDS OF THE SUPERIOR ADPERPETUAM REMANENTIAMREMAING THERE FOR EVERAND IT IS FURTHER ENACTED THAT IF THE SUPERIORS TOWHOM THE LANDSAND TENEMENTS ABOVE MENTIONED ARE DECLAIRED ANDORDAINEDTO BELONG SHALL SHALL NOT WITHIN SIX MONTHS TO BERECKONED FORMTHE TIME OF THE ATTAINER OF THE OFFENDERSRESPECTIVELY OBTAINTHEMSELVES INFEFT OR DO DILLIGENCE REALLY ANDWITHOUT COLLUSION
  • 184. FOR ATTAINING POSSESSION IN EVERY SUCH CASE THEFORFEITURESSHALL BELONG TO HIS MAJESTY HIS HEIRS ANDSUCCESSORSBY A SUBSEQUENT ACT OF THE SAME YEAR OF HIS MAJESTYSREIGNENTITLED ACT FOR THE ATTAINDER OF GEORGE EARL OFMARISHALWILLIAM EARL OF SEAFORTH AND OTHERS OF HIGH TREASONUNLESS THEY SHALL SURRENDER THEMSELVES TO JUSTICEBY A DAYCERTAIN HEREIN MENTIONEDIT IS ENACTEDTHAT IF THE ABOVE PERSONS AND OTHERS THEREIN NAMEDAMONGWHOM IS THE SAID SIR DONALD MCDONALD OF SLATESHOULDNOT RENDER THEMSELVES TO ONE OF HIS MAJESTYSJUSTICEOF THE PEACE ON OR BEFORE THE LAST DAY OF JUNE 1716THEN EVERY OF THEM NOT RENDERING HIMSELF ASAFORESAIDSHOULD FROM AND AFTER THE 13 OF NOVEMBER 1715STANDAND BE ADJUDGED ATTAINED OF THE SAID HIGH TREASON TOALL INTENTS AND PURPOSES WHATSOEVER AND SHOULDSUFFERAND FORFEIT AS A PERSON ATTAINED OF HIGH TREASON BYTHE LAWSOF THE LAND OUGHT TO SUFFER AND FORFEITCS235/11/MISC- 2THE ESTATE OF SEAFORTH WAS AFFECTED WITH MANY ANDVARIOUSAPPRISEINGS ALL LED BEFORE THE YEAR 1650 FOR SUMSFAREXCEEDING THE VALUE OF THE ESTATE AND WHEREOF THELEGALWAS EXPIRED AND WHICH WERE PURCHASED BY SIR GEORGEMACKENZIEOF TARBET AFTERWARDS EARL OF CROMARTY AND CERTAINOTHERPERSONS WHO UPON THE RIGHTS ACQUIRED BY THEM DIDEXPEDEINFEFTEMENTS IN THEIR OWN PERSON AS WILL APPEAR BYTHE CHARTERUNDER THE GREAT SEAL DATED 30TH SEPTEMBER 1678WHICH IS APON
  • 185. PUBLICK RECORD AND THEIR INFEFTMENT FOLLOWINGTHEREAPONIS DATED THE 15 OF NOVEMBER 1680 AND PRODUCED WITHTHEVOUCHERS OF MY EXCEPTIONS FOR ASCERTAINING MY RIGHTAND TITLE TO THE ESTATE OF SEAFORTHTHE SAID GEORGE MACKENZIE AND OTHER PERSONSDENUDEDTHEMSELVES OF THE SAID LANDS AND ESTATE IN FAVOUR OFKENNETH MACKENZIE BROTHER TO SIR GEORGE MCKENZIEOF ROSEHAUGH IN THE YEAR 1680AND THE SAID KENNETH MCKENZIE DISPONED THE SAME INFAVOUR OF ISOBELL COUNTESS OF SEAFORTH IN THE YEAR1681 WHO IN VIRTUE OF HER RIGHT POSSESSED THE SAIDESTATEAND PERTINENTS THEREOF UNTIL THE MONTH OF FEBRUARY1715UPON THE DEMISE OF THE SAID ISOBELL COUNTESS OFSEAFORTHTHE RIGHT OF THE SAID ESTATE DEVOLVED UPON THEEXCIPIENTAS HEIR NEAREST PROTESTANT HEIR WILLIAM LATE EARL OFSEAFORTH THOUGH A NEARER HEIR BY BLOOD THAN THEEXIPIENTBEING EXCLUDED BY THE ACT 23RD NOVEMBER 1700ENTITLED ACTFOR PREVENTING THE GROWTH OF POVERTYTHE FOURSCORE MERK LAND TROTTERNESS LYING WITHINTHEPAROCHIAL OF SNIZORT SKYE AND SHERIFDOM OFINVERNESSAND WHICH BELONGED TO THE SAID SIR DONALDMCDONALDLATE OF SLATE NOW ATTAINED BY THE FORECITED ACT AREPART ANDPORTION OF THE FORESAID ESTATE OF SEAFORTH ANDWERE HOLDENBY THE SAID SIR DONALD MCDONALD OR HISPREDECESSORS OF-----EARL OF SEAFORTH AND THE RIGHT OF THE SUPERIORITY OFTHESAID LANDS IS NOW IN THE PERSON OF THE EXCIPIENT BY HISTITLEABOVE DEDUCEDTHE SAID EXCIPIENT AS HAVING THUS RIGHT TO THE SAIDFOURSCORE MERKLANDS OF TROTTERNESS LYING AS SAID IS DID
  • 186. INPURSUANCE OF THE FORESAID ACT OF PARLIAMENT PRIMOGEORGII IN THE FIRST YEAR OF GEORGE ENTITLED ACT FORENCOURAGEING SUPERIORS VASSALS ETC DO DILIGENCEREALLY AND WITHOUT COLLUSION FOR ATTAINING THEPOSSSESSIONOF THE SAID LANDSTHEREFOR THE SAID EXCIPIENT AND HIS SAID CURATOR ASHAVINGRIGHT AND TITLE TO THE SAID FOURSCORE MERK LAND INMANNERAFORESAID AND BY VIRTUE OF THE ABOVE RECITED ACT OFTHEFIRST OF HIS MAJESTYS REIGN ENTITLED ACT FORENCOURAGINGSUPERIORS VASSALS ETC DOES PRESENT THE ABOVEEXCEPTIONS HUMBLYPRAYING THAT HIS RIGHT MAY BE DECLAIRED ANDASCERTAINEDTO THE SAID FOURSCORE MERK LAND WITH PARTS ANDPERTINENTSTHEREOF AND THAT THE RENTS PROFITS AND ISSUESTHERETOBELONGING AND PRESENTLY PAY OR THAT MAY BE PAYABLEBYTHE TENENTS TACKSMEN OR POSSESSERS THEREOF SINCETHETERM PRECEEDING THE SAID ATTAINER AND IN ALL TIMECOMEINGMAY BE DECLARED TO PERTAIN AND BELONG TO THEEXCIPIENTAND THAT THE COMMISSIONERS AND TRUSTEES APPOINTEDFORFORFEITED ESTATES MAY BE DISCHARGED FROMDISQUIETINGAND MOLESTING THE EXCIPIENT IN THE PEACEABLEPOSSESSIONTHEREOFSAVEING AND RESERVING TO THE SAID EXCIPIENT ALL ANDSUNDRYHIS FURTHER ALLEGATIONS ANSWERS AND REPLIES WHICHHEMAY HAVE OR SHALL HEREAFTER MAKE USE OF IN ORDER TOTHEFURTHER CLEARING AND MAKING GOOD HIS RIGHT IF NEEDBEKENNETH MACKENZIE
  • 187. ALEX MACKENZIEEXAMINED 31 JULY 1719THE LORDS HAVING HEARD THE WITHIN EXCEPTIONS ORDAINTHE SAME TO BE INTIMATE TO THE COMMISSIONERS OFENQUIRYAT THEIR OFFICE AND RECORDED IN THE PARLAR REGISTERAPPOINTEDFOR THAT EFFECT CONFORM TO THE ACT OF SEDERUNTW.ERCHNIES J.P.L.thomas fraser of newton * isabel mackintoshof drakiescaptain william fraser hugh fraser margaret chisholmof newton second sonthomas fraser of newton * katherinemackintoshalexander fraser of newtonb.15.6.1807 HEIC BENGALcaptain william fraser of culbokie76th regiment died 31/8/1844inverness sheriff courtsc29/44/6. service of heir 1844thomas fraser of newton * isabel mackintoshof drakiescaptain william fraser hugh fraser margaret chisholmof newton second sonthomas fraser of newton * katherinemackintoshalexander fraser of newtonb.15.6.1807 HEIC BENGALcaptain william fraser of culbokie76th regiment died 31/8/1844inverness sheriff courtsc29/44/6. service of heir 1844hugh fraser of belladrummargaret fraser 2nd wife * james fraser of dunballoch * maryfraser 1st wifereceived a wadset from LOVAT. of alexander of reelickof dunballoch.b.m.d. 24/6/1705 age 86 buried beauly.thomas fraser andrew fraser hugh fraser 3rd footgaurds liutenant colonelof dunballoch. 1741 purchased landssheriff depute kilmuir and easter sligoinverness. in 1744.sasine in barony b.
  • 188. of drumchardiny m. christian macnaughton12/5/1713 on a crown charter d. 1745 fontenroyof adjudication.b.m. isobell mackintoshof blervied.29/7/1754. buried beauly.hugh fraser of newton captain wiliam fraserfeu charter from hughand dunballoch fraser of dunballochheir male of line general 3/3/1755 kingillieto his grandfather ie james will 22/3/1792fraser of dunballoch 27/10/1757. b.freeholder of barony lands m. christian fraser of belludrumdrumcharding and barony kingillie born 1730 kiltarlitybelonged to his father. will 22.12.1795 kingillie.b.m. margaret chisholm of chisholmDAUGHTER OF ALEXANDER CHISHOLMOF CHISHOLM.DIED. 13/8/1785 HUGH.thomas fraser of newtoneldest son 1st royalsb.m.5/1/1793 katherine mackintoshof wester drakies.d. 01/6/1833 beaulyinfeft 1787 baronies drumcharding. PR 202/178. PR202/186. 16/5/1895 YEAR.and kingillie. sasine reference PR 15/202. PR 19/37,44. PR16/168. PR 22/259.PR 23/231. PR 45/116. HUGH FRASER OF NEWTON TOWILLIAM MCDONALD.hugh fraser of newton alexander fraser wilhelmine fraserb. of newton youngest ofd. 1843 b. 15/6/1807 thomas of newtonestates made over tothomas porter bonell biscoe H.E.I.C.discharge to him over landsdrumcharding and bond bythomas fraser of newton toroderick mcleod 18/6/1858PR 61/6. sasine referencethomas fraser of newton * katherine mackintoshhis son alex fraser h.e.i.c died 23/1/1849.CS238/T/3/16UNTO THE RIGHT HONOURABLE THE LORD WESTHALL THE
  • 189. REPRESENTATIONOF THOMAS FREDERICK MACKENZIE HUMBERSTON ESQ.COLLONEL OF THE 78TH REGIMENT OF FOOTHUMBLY SHEWETHTHAT THE ESTATE OF SEAFORTH WAS FORFEITED TO HISMAJESTYIN1715 UPON THE ATTAINER OF WILLIAM THEN EARL OFSEAFORTHBY SEVERAL ACTS OF PARLIAMENT ANENT THE FORFEITEDESTATES AFTERTHE YEAR 1715 AND PARTICULARLY BY THE ACT OF GEO. 1CAP. [CAPITA IE CHAPTER]50 AND THE ACT 4 GEO. 1 CAP. 8 - 5 GEO. 1 CAP. 22 THESEESTATES WERE VESTEDIN CERTAIN COMMISSIONERS WHO WERE EMPOWERED TOSELL THEM ANDBY ANOTHER ACT 13. GEO. 1 CAP. 18 THE BARONS OFEXCHEQUER WEREEMPOWERED TO SELL SUCH OF THE FORFEITED ESTATES ASAT THAT TIMEREMAINED UNSOLDBY THESE ACTS OF PARLIAMENT THE COMMISSIONERS OFENQUIRY ANDTHE BARONS OF EXCHEQUER WERE EMPOWERED TO GRANTDISPOSITIONSCHARTERS AND OTHER RIGHTS TO THE PURCHASERS WHOWERE DECLAREDTO HOLD THE SUBJECTS SO PURCHASED BLANCH OF HISMAJESTY FORPAYMENT OF A PENNY SCOTS NOTWITHSTANDING THEFORMER PROPRIETORSTHE FORFEITING PERSONS HELD THEM FEE WARD OROTHERWISEUNDER THE AUTHORITY OF THESE STATUTES THECOMMISSIONERSOF ENQUIRY SOLD SEVERAL OF THE FORFEITED ESTATESBUT THE ESTATEOF SEAFORTH AND SOME OTHERS REMAINED UNSOLD WHENBY THE 13THOF GEO. 1 THE BARONS OF EXCHEQUER WERE SUBSTITUTEDIN PLACEOF THE COMMISSIONERS OF ENQUIRY TO SELL SUCH OFTHESE ESTATES AS HADNOT BEEN SOLD BY THE COMMISSIONERSTHE BARONS EXPOSED THE ESTATE OF SEAFORTH TO SALEAND IT WASOF THIS DATE 31 JULY 1730 PURCHASED BY MR JOHN NAIRNE
  • 190. OF GREENYARDSWHO RECEIVED A DISPOSITION 12 FEBRUARY 1734 ANDAFTERWARDS OF THIS DATEA CHARTER OF THE WHOLE ESTATE OF SEAFORTHINCLUDING THE ISLANDOF LEWIS WHICH CHARTER AFTER DESCRIBING THEDIFFERENT LANDS CONTAINSTHE FOLLOWING CLAUSE " UNA CUM OMNIBUSDOMIBUS AEDIFICIIS & PARTIBUSPENDICULIS ET PERTINEN [TIIS] EARUNDEM QUIBUSCUNG [UE]DECIMISPARSONAGIIS ET VICCARIIS EARUND [EM] " [TOGETHERWITH ALL HOUSES BUILDINGSAND DEPENDENT PARTS AND APPURTENANCES OF THE SAMEWHATSOEVERTHE TITHES PARSONAGES AND VICARAGES OF THE SAME]".18TH NOVEMBER 1734 MR NAIRN DISPONED THIS ESTATE TOJOHN FORBES ESQ.16TH DECEMBER 1738 MR JOHN FORBES CONVEYED IT TOCOLIN MACKENZIEBY A DISPOSITION OF THIS DATE......LINE NOT COPIED07TH APRIL 1739 THE FORESAID CHARTER ANDDISPOSITIONS OF THISDATE COLIN MACKENZIE DISPONED THE ESTATE TO02ND FEBRUARY 1741 KENNETH MACKENZIEELDEST LAWFULL SON OF WILLIAM EARL OFSEAFORTH BY A DISPOSITION OF THIS DATE12TH FEBRUARY 1741 WHO OBTAINED A CHARTER OFRESIGNATION ANDCONFIRMATION UNDER THE GREAT SEAL OF THE WHOLE25TH MARCH 1741 FORESAID LANDS UPON WHICHINFEFTMENT FOLLOWED10TH DECEMBER 1738 AND OF THIS DATE KENNETHMACKENZIE AFTERWARDSEARL OF SEAFORTH OBTAINED A CHARTER UNDER THEGREAT SEAL IN HIS FAVOURS UPON WHICH INFEFTMENT04TH JULY 1764 AFTERWARDS FOLLOWEDIN ALL OF THESE TITLES WHICH ARE PRODUCED THE TEINDSPARSONAGES AND VICARAGEARE EXPRESSLY GRANTED AND THE PRPRIETORS UNDERTHESE TITLES HAVE CONSTANTLYAND UNIFORMLY POSSESSED BOTH LANDS AND TEINDSWITHOUT PAYING TO THE CROWNOR ANY PERSON ELSE ANYTHING UPON ACCOUNT OF THEACCOUNT OF THE TEINDS FATHER
  • 191. THAN THE STIPEND DUE TO THE MINISTERS OF THERESPECTIVE PARISHES IN WHICH THELANDS LIETHE LATE EARL OF SEAFORTH SOLD THE WHOLE ESTATE OFSEAFORTH ANDAS A PART THEREOF THE ISLAND OF LEWIS TO THEREPRESENTER WHOIS NOW IN THE FULL RIGHT AND POSSESSION OF THATESTSATE UNDER THETITLES ABOVE MENTIONEDTHE SOLICITOR OF THE TYTHES HAS LATELY BROUGHT ANACTION AGAINSTTHE REPRESENTER THE SUMMONS OF WHICH BEARS DATE20TH DECEMBER LASTCONCLUDING FOR PAYMENT OF THE SUM OF £133.3.7.STERLING AS THE VALUEOF THE BISHOPS THIRD OF THE TITHES OF THE ISLAND OFLEWIS FORCROP 1781 AND THE LIKE SUM YEARLY IN TIME COMINGTHIS PROCESS CAME IN COARSE BEFORE YOUR LORDSHIPSAND AFTER HEARINGPARTIES YOU PRONOUNCED THIS INTERLOCTOR 27TH JUNE1782THE LORD ORDINARY HAVING HEARD PARTIES PROCURATORSDECERNSAGAINST THE DEFENDER IN TERMS OF THE LIBELSHOULD THIS INTERLOCTOR BE ADHERED TO IT WOULDBRING A VERYHEAVY AND UNEXPECTED BURDEN UPON THEREPRESENTERS ESTATEHE THEREFOR SUBMITS IT TO REVIEW AND IS CONFIDENTWHEN YOURLORDSHIPS SHALL HABE RECONSIDERED THE CAUSE YOUWILL SEE JUSTREASON FOR ALTERING THE INTERLOCTOR ANDASSORTZIEINGTHE REPRESENTER WHEN THE ESTATE OF SEAFORTH WASSOLD.EGYPT SUCCESSIONEARLY DYNASTIC I DYNASTY 3050-2890MENES-AHADJERWADJDEN UDIMUANEDJOBSEMERKATQA`A
  • 192. SECOND DYNASTY 3890-2686HETEPSEKHEMWYRENEBNINETJERPERIBSENKEASEKHEMWYOLD KINGDOM- AGE OF THE PYRAMIDS 3RD DYNASTY 2650-2575SANAKHTE NEBKA 2650-2575DJOSER-NETJERYKHET 2630-2611KHABA 2603-2599HUHI 2599-25754TH DYNASTYSIEFRU 2575-2551KHUFU (CHEOPS) 2551-2528DJEDEFRE 2528-2520KHAFRE (CHEPHREN) 2520-2494MENKAURE (MYCERINUS) 2490-2472SHEPSESKAF 2472-24675TH DYNASTY 2465-2345USERKAF 2465-2458SAHURE 2458-2446NEFERIRKARE 2477-2467SHEPSESKANE INI 2426-2419NEFEREFFRE 2419-2416NIUSERRE IZI 2453-2422MENKAUHOR 2422-2414DJEDKARE IZ & ZI 2388-2356UNAS 2375-23456TH DYNASTY 2345-2184TETI 2345-2333PEP I (MERYRE) 2332-2283MERENNE NEMTYEMZAF 2283-2278PEPY II (NEFERKARE) 2278-2184FIRST INTERMEDIATE PERIOD7TH - 10TH DYNASTIES 2150-19867TH - 8TH DYNASTIESNETRIKAREMENKARENEFERKARE IINEFERKARE IIIDJEDKARE IVMERENHORMENKAMINNI KARENEFERKARE VNEFERKAHOR
  • 193. NEFERKARE VINEFERKAMIN IIIBI INEFERKAURENEFERKAUHORNEFERIRKARE IIWADJKARESEKHEMKAREITIIMHOTEPISUIYTENU9TH & 10TH DYNASTIESNETERKARESEVERAL KINGS NAMED KHETIMERI-HATHORMERI KAREMIDDLE KINGDOM 11TH DYNASTYANTEF IANTEF IIANTEF IIIMENTUHOTEP II 2055-2004MENTUHOTEP III (SANKHKARE) 2004-1992MENTUHOTEP IV (NEBTAWYRE) 1992-198712TH DYNASTYAMENEMHET (SEHETEPIBRE) 1991-1962SENYSRET I (KHEPERKARE) 1956-1911AMENEMHET II (NUBKAURE) 1911-1877SUNURET II (KHAKHEPERRE) 1877-1870SENUSRET III (KHAKAURE) 1836-1817AMENEMHET III (NIMAATRE) 1817-1772AMENEMHET IV (MAAKHERURE) 1772-1763NEFERUSOBEK (SOBEKKARE) 1763-1759SECOND INTERMEDIATE PERIOD13TH - 17TH DYNASTYWEGOF 17831779AMENEMHAT-SENBETSEKHEMRE KHUTAWIAMENEMHAT VSEHETEPIBRE IIUFNIAMENEMHATSEMENKARESEHETEPIBRE IISEWADJKARENEDJEMIBRESOBEKHOTEP
  • 194. RENISENEBHOR IAMENEMHAT VIISOBEKHOTEP IIKHENDJERIMIRA-MESHAANTEF IVSETHSOBEKHOTEP IIINEFERHOTEP ISIHATHOR 1685-1685SOBEKHOTEP 1685-1678SOBEKHOTEP V 1678-1674IAIB 1674-1664AY 1664-1641INI ISEWADJTUINEDHORISOBEKHOTEPDEDUMESIBi IIHOR IIISENEBMIUSEKHANRESEKHANRE IMERKHOPERNEMERIKARE14TH DYNASTYNEHESIKHATIRENEBFAURESEHABREMERIDJEFARESEWADJKAREHERIBRESANKHIBREKANEFERTEMRENEFERIBREANKHKARE15TH DYNASTYSALITISBNONAPACHAN (KHIAN)APOPHIS (AUSERREAPEPI)KHAMUDI16TH DYNASTY
  • 195. ANAT-HERUSER-ANATSEMGENZAKETWASAQARPEPI IIIBEBANKHNEBMAATRENIKARE IIAANETERIRENUBANKHRENUBUSERREKHAUSERREKHAMUREJACOB-BAALYAKBANYOAMAMU17TH DYNASTYANTEF VRAHOTEPSOBEKEMZAFDJEHUTIMENTUHOTEPNEBIRAUNEBIRAU IISEMENENRESUSERENRESOBEKEMZAF IIANTEF VIANTEF VIITAO I (SENAKHTENRE)TAO II (SEKENERRE)KAMOSE (WADJKHEPERRE)18TH DYNASTYAHMOSE (NEBPEHTYRE) 1539-1514AMENHOTEP I (DJESERKARE) 1514-1493THUTMOSE I (AKHEPERKARE) 1493-1481THTMOSE II (AKHEPERENRE) 1491-1479HATSHEPSUT (MAATKARE) 1473-1458THUTMOSE III (MENKHEPERRE) 1504-1450AMENHOTEP II (AKHEPERURE) 1427-1392THUTMOSE IV (MENKHEPERURE) 1419-1386AMENHOTEP III (NEBMAATRE) 1382-1344AMENHOTEP IV (AKHENATEN) 1350-1334SMENKHAMUN (NEBKHEPERURE) 1334-1325
  • 196. AY (KHEPERKHEPERURE) 1325-1321HOREMTEB (DJESERKHEPERURE 1323-129519TH DYNASTYRAMESES I (MENPEHTYRE) 1295-1294SETI MENMAATRE 1394-1279RAMESSES II USERMAATRESETEPENRE) 1279-1213MERENPTAH (BAENREHOTEPHIRMAAT) 1213-1203AMENMESSE (MENMIRE) 1203-1200SETI II (USERKHEPERUESETEPENRE)SIPTAH (AKHENRESETEPENRE) 1194-1188TAUSERT (SITREMERITAMUN) 1185-118720TH DYNASTYSETAKHT (USERKHAUREMERYAMUN) 1186-1184RAMESSES III (USERMAATREMERYAMUN) 1184-1153RAMESES IV (HEKAMAATRESETEPENAMUN) 1153-1147RAMESSES V (USERMAATRESEKHEPERENRE) 1147-1143RAMESSES VI NEBMAATREMERYAMUN) 1143-1136RAMESSES VII (USERMAATRESETEPERRE) 1136-1129RAMESSES VIII USERMAATREAKHENAMUN) 1129-1126RAMESSES IX (NEFERKARESETEPENRE) 1126-1108RAMESSES X (KHEPERMAATRESETEPENTE) 1108-1099RAMESSES XI (MENMAATRESETEPENPTAH) 1099-1069THIRD INTERMEDIATE PERIOD 107021ST DYNASTYSMEDES 1070-1044AMENEMNISU 1040AMENOPE 993-984OSOCHOR 984-978SIAMUN 978-959PSUSENNES II 959-94522TH DYNASTYSHOSHENQ I 945-924OSORKON I 924-909TAKELOT 909-SKOSHENQ II 883OSORKON II 883-855TAKELOT II 860-835SHOSH III 835-783PAMI 783-773SHOSHENQ 773-735OSORKON IV 735-71223TH DYNASTYEDUBASTE I 828-803OSORKON IV 777-749PETTJAUWYBAST 740-72524TH DYNASTYSHEPSESRE TEFNAKHT I 725-720
  • 197. WAHKARE BAKENRANEF 720-715LATE KINGDOM25TH DYNASTYPIYE 747-716SHEBAKA 712-698SHEBITKU 698-690TAHARQA 690-664TANTAMANI 664-65726TH DYNASTYPSAMMETICHUS I (PSAM-TIK) 664-610NEKAU (NECHO) II 610-595PSAMMETICHUS II 595-589APRIES 589-570AMASIS 570-526`PSAMMETICHUS III 526-52527TH DYNASTYCAMBYSES 525-522DARIUS I 521-486XERXES I 486-466ARTAXERXES I 465-424DARIUS II 424-40428TH DYNASTYAMYRTAIOS 404-39929TH DYNASTYNEPHERITES I 399-393PSAMMUTHIS 393HAKORIS 393-380NEPHERITES II 38030TH DYNASTYNECTANEBO 380-362TEOS 365-360NECTANEBO II 360-34331ST DYNASTYOCHUS (ARTAXERXESIII) 343-338ARSES 338-336DARIUS III (CODOMANNUS) 335-332GRECO-ROMAN PERIODALEXANDER THE GREAT 332-323PHILIP ARRHIDAEUS 323-316ALEXANDER IV 316-304PTOLEMAIC DYNASTYPTOLEMY I SOTER 323-285PTOLEMY II PHILADELPHUS 282-246PTOLEMY III EUERGETER I 246-222PTOLEMY IIII PHILOPATOR 222-205PTOLOMY IV EPIPHANES 205-180PTOLOMY VI PHILOMETOR 180-164
  • 198. PTOLEMY VII NEOS PHIILOPATOR 145PTOLEMY VIII EUERGETES II 170-163145-111CLEOPATRA III & PTOLEMY IX SOTER II 116-10788-80CLEOPATRA III & PTOLEMY X ALEXANDER I 107-88CLEOPATRA BERENICE 81-80PTOLEMY XI ALEXANDER II 80PTOLEMY XII NEOS DIONYSOS 80-5855-51BERENICE IV 58-55CLEOPATRA VII & PTOLEMY XIII 51-47CLEOPATRA & PTOLEMY XIV 47-44CLEOPATRA VII & PTOLEMY XVCESARION 44-30ADAM EVE CAIN OR ABEL MAHALALEEL JARED ENOCH IRADMETHUSAEL LAMECH NOAH SHEM ARPHAXAD SALAH EBERPELEG REU SHERUG NAHOR TERAH ABRAM ISSAC JACOBLEVI KOHATH AMRAM AARCH ITHAMAR ELEAZAR PHINEHASABISHUA BUKKI UZZI ZERAHIAH MERAHIAH AMARIAHAHIMELECH ABIATHE AHITUB ZADOK AHIMAAZ AHINOAMMARRIED SAUL LINE ASCENDING TO KISH NER ABIELBECHORATH ALAMETH ANATHOTH ABIAHAPHIAHJERIMOTH OMRI ELIOENAI ELIEZAR JOASH ZEMIRA BECHERBENJAMIN JOSEPH RACHEL LARAN BETHIEL MILCAH HARAN-----------DECENDING FROM LARAN JUDAH PHAREZ HEZRONJERAMEELSHSHAH AHALI ATTAI NATHAN ZABAD OBED JESSIE DAVIDHUSBAND OF MICHAL SON OF SAUL. URIEL SON OF MICHALAND URIEL HUSBAND OF ABSALOM SON OF DAVID.MAACHAH SON OF ABSALOM AND MAACHAH MARRIED TOREHOBOAM SON OF SOLOMON WHERE THE 10 TRIBESREVOLTED 975 BC. ABIJAH HEIR OF REHOBOAM THENASA JOSAPHAT JORAM OZIAS JOATHAM ACHAZ THENA CHRONOLOGICAL SPACE TO AHAZ HEZEKIAH MANASSEHAMON IOSIAH JOHANAM EZEKIAS MANASSEH AMONKING JEHOIKIM/ELIAKIM JECONIAH ASSIR SHEALTIELSALATHIEL ZORABABEL ABIUD ELLAKIM AZOR SADOCACHIM ELUID ELEAZAR MATHAT HAD HELI BARNABASBARNABAS IS A SURNAME WHO HAD MARY BARNABASWHO WAS MARRIED TO JOSEPH MARCUS WHERE THEYHAD JUSTUS MARCUS OR JESUS SON OF GOD AND SISTERSAND BROTHERS JOSES BARNABAS SIMON BARNABASJUDE BARNABAS SALOME BARNABAS AND JAMES.MARY MARCUS LAZARUS AND MARTHA DESCENDING
  • 199. FROM JOHN MARCUS NEPHEW OF JOSES BARNABASAND JOHN FROM MARY MARCUS MARRIED TOCLEOPHAS HALF SISTER TO THE VIRGIN MARY BARNABASAND MARY DESCENDING FROM JOSEPH MARCUS AND FROMJACOB MARCUS AND ASCENDING BACK AGAIN TO MATHANLEVI MELCHI JANNA JOSEPH MATTATHIAS AMOSNAUM ESLI NAGGE MAATH MATTATHIAS SEMEI JOSEPHJUDA JOANNA RHESA ZOROBABEL SALATHIEL NERIMELCHI ADDI COSAM ELMODAM ER JOSE ELIEZERJORIM MATTHAT LEVI SIMEON JUDA JOSEPH JONANELIAKIM MELEA HENAN MATTATHA NATHAN ANDTO DAVID OF JESSIE.TWO LINES OF DESCENT EITHER FROM MATHAT ANDMATHAN CONNECT INTO THE ROMAN PERIOD THROUGHEITHER GENEALOGICAL STEMS IE 83BC - 30BC ANTONIUSMARCUS AN ANCESTRAL NAME ON THE PATRONOMIC SIDEOF JESUS. DESCENDING MARCUS JUNIUS BRUTISMARCUS ULPIUS TRAJAN AGGRIPPA MARCUS VIPSANIUSAUGUSTUS 27BC-AD14 CESARION44-30TIBERIUS 14 -AD37CALIGULA 37-41NERO 54-68GALBA 68-69OTHO 69VITELLIUS 69VESPASIAN 69-79TITUS FLAVIUS 79-81DOMITIAN 81-96NERVA 96-98TRAJAN 98-117HADRIAN 117-138ANTONIUS PIUS 18-161MARCUS AURELIUS 161-180COMMODUS 180-193PERTINAX 193SEPTIMIUS SEVERUS 193-211PESCENNIUS 193-194CARCALLA 211-217MACRINUS 217-218HELIOGABALUS 218-222ALEXANDER SEVERUS 222-235MAXIMUS THRAX 235-238GORDIAN 1&2 238PUPIENUS & BALBINUS 238GORDIAN 238-244PHILIP THE ARAB 244-249
  • 200. DECIUS 249-251HERENNIUS ETRUSCUS 251HOSTILIAN 251TREBONIANUS GALLUS 251-253AEMILIANUS 253VALERIAN 253-260GALLIENUS 260-268CLAUDIUS II 268-270QUINTILLUS 270AURELIAN 270-275TACITUS 275-276FLORIANUS 276PROBUS 276-282CURCUS 282-283AURELIUS JULIANUS 283DIOCLETIAN 284-305CONSTANTINE CHLORUS 305-306CONSTANTINE I 306-337GALERIUS LICINIUS 308-324MAXIMINUS DAIA 308-313MAXENTIUS 306-312DOMITIUS ALEXANDER 308-309CONSTANTIUS II 337-361CONSTANS 337-350MAGENTIUS 350-353JULIAN 361-363JOVIAN 363-364VALENTINIAN 364-375VALENS 364-378PROCOPIUS 364-365GRATIANUS 375-383VALENTINIAN II 375-392MAGNUS MAXIMUS 383-388THEODOSIUS 379-395EUGENIUS 392-394HONORIUS 395-423CONSTANTANTIUS III 421PRISCUS ATTALUS 409-410CONSTANTINE III 409-411JOVINUS 411-412VALENTINIAN III 423-455JOANNES 423-425PETRONIUS MAXIMUS 455AVITUS 456-457MAJORIAN 457-461LIBIUS SEVERUS 461-465ANTHEMIUS 467-472
  • 201. OLYBRIUS 472GLYCERIUS 473-474JULIUS NEPOS 474-475ROMULUS AUGUSTA 475-476ROMAN RULE CROSSING INTO FRENCH SUCCESSORS.481AD 511 CLOVIS.561 84 CHILPERIC714 41 MARTEL751 68 PEPIN768 814 CHARLEMAIN814 40 LOUIS LE DEBONNAIRE840 77 CHARLES LE BEGUE877 79 LOUIS 11 BEGUE879 82 LOUIS 111882 84 CARLOMAN894 87 CHARLES LE GROS887 98 CONTU EUDES898 922 CHARLES LE SIMPLE936 54 LOUIS 1V954 86 LOTHAIRE986 87 LOUIS V LE FAINEANTCAPETIANS987 96 HUGUES CAPET996 1031 ROBERT LE PIEUX1031 60 HENRY1060 1108 PHILIPPE1108 37 LOUIS V1 LE GROS1137 80 LOUIS V11 LE JEUNE1180 1223 PHILIPPPE1223 26 LOUIS V11 LE LION1226 70 LOUIS 1X ST LOUIS1270 85 PHILIPPE 111 LE HARDI1285 1314 PHILIPPE1314 16 LOUIS X LE HUTINJEAN 11316 22 PHILIPPE LE LONG1322 28 CHARLES 1V LE BELVALOIS1328AD 50 PHILIPPE1350 64 JEAN 11 LE BON1364 80 CHARLES V LE SAGE1380 1422 CHARLES V1 LE BIEN AIME1422 61 CHARLES V11 LE VICTORIEUX1461 83 LOUIS X11483 98 CHARLES V111 L AFFABLE1498 1515 LOUIS X111515 47 FRANCOIS
  • 202. BOURBONFRENCH RULE CROSSING INTO BRITAINTUDOR1456 HENRY V111498 1515 LOUIS X11 * MARY TUDOR MARGARET TUDOR *JAMES1489-1541 1473-1513VALOIS1498 1515 LOUIS X11 * ANN OF BRETANYEANNE OF BRETANYE MARRIED ALSO CHARLES V111SHE HAD A DAUGHTER WHO MARRIED FRANCOISWHERE THEY HAD MADELEINE 1537.MADELEINE HAD MARY QUEEN OF SCOTS WHOHAD FRANCOIS 11 AND HIS HEIR HENRY 111547-59. HENRY 111 1551-89. HENRY 11111553-1610 WHO WAS MARRIED TO MARIA DE MEDICSWHO HAD LOUIS X11 WHO WAS MARRIED TOHENRIETTA MARIA ALSO MARRIED TO CHARLESFIRST BORN 1600.MARY QUEEN OF SCOTS DESCENDING FROM JAMES V1512-42 JAMES 1V 1473-1513. JAMES 111 1451-88.JAMES 11 1430-60. JAMES 1 MARRIED TO JOANNABEAUFORT QUEEN OF SCOTLAND 1424 WHO HADJAMES STEWART WHO HAD JOHN 1ST EARL OFATHOL WHO HAD JOHN KNOWN AS 1 EARL OFARGYLL WHO HAD LADY ELIZABETH STEWARTBRITISH LINE CROSSING INTO NORMAN GERALDINEOF IRELAND.KENNETH MACKENZIE 10TH IN DESCENT FROMCOLIN OR CAILEAN OF CELTIC ORIGIN.LADY ELIZABETH STEWART FOUR GREATS GRANDFATHERKING EDWARD 111 OF ENGLAND HIS GRANDSONSBROTHER WAS HENRY 1V OF ENGLAND.HENRY 111 OF ENGLANDS DAUGHTERMARRIED ALEXANDER THE 111 OF SCOTLAND.ALEXANDER 111 ASCENDS FROM ALL SCOTTISH LINE.KENNETH MACALPINE FIRST KING OF SCOTLAND.DONALD.CONSTANTINE THE SECONDETHUSGREGORYDONALDCONSTANTINE THE 111MALCOLM 1KENNETH 111CONSTANTINE 1111KENNETH 1111
  • 203. MALCOLM 11DUNCAN 1MACBETHMALCOLM 111ALEXANDER 1DAVID 1 WHO MARRIED MAUD DAUGHTER OF WALDEOFFBY JUDITH NIECE OF WILLIAM THE CONQUEROR.DAVID 1MALCOLM 1111WILLIAM THE LIONALEXANDER 11 WHO MARRIED JOAN DAUGHTER OFKING JOHN OF ENGLAND WHO HADALEXANDER 111 OF SCOTLAND.KENNETH MACKENZIE ABOVE WHO MARRIED INTOSCOTTISH LINE LADY ELIZABETH STEWARTHAD A SON KENNETH MACKENZIE OF SCOTLANDAND HAD SIMON MACKENZIE HAD KENNETHMACKENZIE WHO HAD BARBARA MACKENZIEWHO MARRIED ALEXANDER MACKENZIE WHOHAD JOHN MACKENZIE OF ASSYNT REFERENCEIN DEED RH 8 1100 1726.HIS SON ALEXANDER IN CS 235 M11 2. HADLANDS IN THE ISLAND OF SKYETHESE LANDS KNOWN AS TROUTERNISHMENTION OF HIM IN SIG 2.17 DATED6.8.1787 AND DEED RD 4 232 .2 DATED 11 8 1778.ALEXANDER MARRIED 16.9.1732BORN 1692 DIED 21 5 1778.JOHN HIS FATHER WAS BORN 1664 MARRIED 1691DIED 1726. JOHNS FATHER ALEXANDER OF ARDLOCHBORN 1652 ARDLOCH MARRIED 1675 DIED 1736 ARDLOCH.HE HAD THE LANDS OF ASSYNT AND KINNELLAN.JOHN BORN IN 1664 WAS MARRIED TO SIBELLAOF DUNDONNEL BORN 1671 WHOS GRANDFATHERSIMON MACKENZIE OF LOCHSLIN WAS ALSOKNOWN AS WILLIAM FRASER OF CULBOKIE ANDWAS MARRIED TO AGNUS FRASER HE HAD LANDSIN WESTER KILMUIR ISLAND OF SKYE.SIMON MACKENZIE IS SON OF GEORGESECOND EARL OF SEAFORTH MARRIED 23.1. 1627DIED AUGUST 1651 A WILL TO HIM REFERENCECC8 DATED 7 JAN 1684. DIED HOLLAND.ALEXANDER BORN 1652 HAD A BROTHER 1ST EARLOF CROMARTY WHO MARRIED TWICE IN1654 ANNA SINCLAIR1700 MARGARET WEMYSS THE EARL DIED 27/8/1714.THE EARL HAD ELIZABETH WEMYSS WHO MARRIED
  • 204. JAMES WEMYSS ALSO KNOWN AS LORD BURNISLAND.THE EARLS GRANDAUGHTER MARRIED A STEWARTAND HAD JEAN MACKENZIE WHO MARRIEDTHOMAS STEWART OF BALCASKIE HE HADJOHN STEWART WHO WAS MARRIED TOJEAN DOUGLAS DAUGHTER OF THE DUKE OFDOUGLAS JEAN HAD ARCHIBALD STEWARTSERVED HEIR TO HIS UNCLE AND CREATEDDUKE OF HAMILTON 9/9/1761.1ST EARL OF CROMARTY HAD A BROTHERJOHN 2 EARL OF CROMARTY BORN1656 MARRIED 10 JAN 1685.MARRIED AGAIN 25/4/1701 MARY ELIBANKFROM 3RD LORD ELIBANK.3 EARL OF CROMARTY BORN 1703MARRIED 23/9/1724DIED 23 /4/1769GEORGE 3 EARL MARRIED ISABELL GORDON.GEORGE DIED LORD GORDON OF INVERGORDON.ISOBELL DAUGHTER OF 3RD EARL MARRIED8 JANUARY 1760 DIED 28 DECEMBER 1802.SHE HAD MARIA MURRAY BORN 1766 EDINBURGHMARRIED 3 MAY 1790 DIED 10 AUGUST 1858.MARIA MURRAY IS ON 1851 CENSUS EDINBURGH.AT AGE 85 AND LIVED AT 10 ROYAL CIRCUS STEDINBURGH.MARIA WAS MARRIED TO EDWARD HAY MACKENZIEBORN 1773 NEWHALL ROSS DIED 5/12/1814.MARIA MURRAY HAD A SON JOHN HAY MACKENZIEBORN 1791 AND DIED 9/7/1849 HE MARRIED ANN GIBSONCRAIG BORN 1805 RICARTON MIDDLOTHIAN EDINBURGH.MARRIED 23/4/1828 LADY YESTER PARISH EDINBURGH.ANN HAY MACKENZIE DAUGHTER OF JOHN BORN21/4/1829 OF NEWHALL ROSSHIRE MARRIED 20/6/1849MAIDENHEAD KENT DIED 25/11/1888.ANN WAS MARRIED TO WILLIAM MCDONALD HE ISALSO KNOWN AS WILLIAM SUTHERLAND BORN19/12/1828 WESTMINSTER. HE HAD A SON FRANCISSUTHERLAND BORN 3/8/1852 TARBAT HOUSE ROSS.A JOHN MACKENZIE KNOWN AS LORD MCLEODBORN 1727 MARRIED 4/6/1786 EDINBURGH DIED3/10/1842.HE MARRIED TWICE AGAIN IN 11/4/1794.HIS DAUGHTER MARIA ANN MACKENZIE MARRIEDGODFREY WILLIAM WENTWORTH BOSVILLEMCDONALD 4 TH BARON OF SLATE SKYE.HE WAS BORN 16/3/1809 AND HAD JAMES MCDONALD
  • 205. OF SLATE HE WAS BORN 2/10/1847 DIED 25/12/1874.HE HAD RONALD ARCHIBALD MCDONALDBORN 9/6/1853 AND LILIAN JANET BOSVILLE MCDONALDBORN 21 JANUARY 1856 MARRIED 2/8/1876.LILIAN WAS MARRIED TO THE LATER 2ND EARLOF CROMARTY.ALEXANDER MACKENZIE OF ARDLOCH LISTED ABOVEWHO HAD TITLE IN THE BARONY OF TROTTERNISHISLE OF SKYE CS 235 M11 1. MISCELLANEOUS SECTION.HAD A SON COLONEL ROBERT MACKENZIE OF THEINDIAN ARMY HONARABLE EAST INDIA COMPANYHE WAS BORN 1743 ARDLOCH ROSSHIREMARRIED TWICE 01/5/1780 AND 15/08/1801AT BRAILANGWELL ROSS MARRIAGE REFERENCEGD305/1/128/17. AND RD13/149. DATED 31 JULY 1809.HIS FIRST WIFE WAS HARRIET ANN MACKENZIEDAUGHTER OF DOCTOR MACKENZIE.HE DIED 28/4/1809 AT MILLMOUNT EASTER KILMUIRROSSHIRE.HIS SECOND WIFE KATHERINE SUTHERLANDBORN 9/1/1773 GOLSPIE CO.SUTHERLAND.AND OF THE KINGSTARIE SUTHERLAND FAMILY.HER PARENTS WERE COLONEL JAMES SUTHERLANDOF UPPAT AND ELIZABETH BAILLIE OF CLYNE.KATHERINE HAD BROTHERS ROBERT SUTHERLANDGEORGE LACKWELL SUTHERLAND EVAN BAILLIESUTHERLAND DUNCAN FORBES SUTHERLAND.ROBERT AND KATHERINE HAD TWO SONS AND TWODAUGHTERS ALEXANDER MACKENZIE BORN 16/5/1802AT CASTLE STREET EDINBURGH AND MARRIED31 MAY KILMUIR EASTER NEAR BAYFIELDROSSHIRE DIED 28/4/1841 AGE 39 CIRCULAR ROADCALCUTTA INDIA AFTER SERVICE IN THE HEICBENGAL NATIVE INFANTRY 48TH REGIMENT.HIS BROTHER JAMES SUTHERLAND MACKENZIEBORN 21/7/1805 DIED 24/11/1858 KENSINGTONASSYLUM MIDDLESEX LONDON.HIS SISTER MARGARET SUTHERLAND MACKENZIEBORN 16/8/1804 MARRIED 5/8/1835 NIGG ATBAYFIELD ROSSHIRE MARGARET WAS MARRIEDTO REVERENT JAMES HENDRY HUGHS MABOMBAY ARMY INDIA.HIS SISTER ELIZABETH BAILLIE MACKENZIEBORN GEORGE STREET EDINBURGH 16/6/1803AND MARRIED LT. EWAN BAILLIE SUTHERLANDHE DIED 1830. THEY HAD A DAUGHTER EVINABAILLIE SUTHERLAND BORN 20/1/1831.
  • 206. KILMUIR EASTER ROSSHIRE.MARGARET SUTHERLAND HAD TWO SONS AND TWODAUGHTERS HENRY ERSKINE MACKENZIE BORN19/7/1839.ALEXANDER MACKENZIE BORN 4/11/1845.ELIZABETH MARY MACKENZIEMARGARET ALEXANDRIA MACKENZIECS238/T/3/16UNTO THE RIGHT HONOURABLE THE LORD WESTHALL THEREPRESENTATIONOF THOMAS FREDERICK MACKENZIE HUMBERSTON ESQ.COLLONEL OF THE 78TH REGIMENT OF FOOTHUMBLY SHEWETHTHAT THE ESTATE OF SEAFORTH WAS FORFEITED TO HISMAJESTYIN1715 UPON THE ATTAINER OF WILLIAM THEN EARL OFSEAFORTHBY SEVERAL ACTS OF PARLIAMENT ANENT THE FORFEITEDESTATES AFTERTHE YEAR 1715 AND PARTICULARLY BY THE ACT OF GEO. 1CAP. [CAPITA IE CHAPTER]50 AND THE ACT 4 GEO. 1 CAP. 8 - 5 GEO. 1 CAP. 22 THESEESTATES WERE VESTEDIN CERTAIN COMMISSIONERS WHO WERE EMPOWERED TOSELL THEM ANDBY ANOTHER ACT 13. GEO. 1 CAP. 18 THE BARONS OFEXCHEQUER WEREEMPOWERED TO SELL SUCH OF THE FORFEITED ESTATES ASAT THAT TIMEREMAINED UNSOLDBY THESE ACTS OF PARLIAMENT THE COMMISSIONERS OFENQUIRY ANDTHE BARONS OF EXCHEQUER WERE EMPOWERED TO GRANTDISPOSITIONSCHARTERS AND OTHER RIGHTS TO THE PURCHASERS WHOWERE DECLAREDTO HOLD THE SUBJECTS SO PURCHASED BLANCH OF HISMAJESTY FORPAYMENT OF A PENNY SCOTS NOTWITHSTANDING THEFORMER PROPRIETORSTHE FORFEITING PERSONS HELD THEM FEE WARD OROTHERWISEUNDER THE AUTHORITY OF THESE STATUTES THECOMMISSIONERSOF ENQUIRY SOLD SEVERAL OF THE FORFEITED ESTATESBUT THE ESTATEOF SEAFORTH AND SOME OTHERS REMAINED UNSOLD WHEN
  • 207. BY THE 13THOF GEO. 1 THE BARONS OF EXCHEQUER WERE SUBSTITUTEDIN PLACEOF THE COMMISSIONERS OF ENQUIRY TO SELL SUCH OFTHESE ESTATES AS HADNOT BEEN SOLD BY THE COMMISSIONERSTHE BARONS EXPOSED THE ESTATE OF SEAFORTH TO SALEAND IT WASOF THIS DATE 31 JULY 1730 PURCHASED BY MR JOHN NAIRNEOF GREENYARDSWHO RECEIVED A DISPOSITION 12 FEBRUARY 1734 ANDAFTERWARDS OF THIS DATEA CHARTER OF THE WHOLE ESTATE OF SEAFORTHINCLUDING THE ISLANDOF LEWIS WHICH CHARTER AFTER DESCRIBING THEDIFFERENT LANDS CONTAINSTHE FOLLOWING CLAUSE " UNA CUM OMNIBUSDOMIBUS AEDIFICIIS & PARTIBUSPENDICULIS ET PERTINEN [TIIS] EARUNDEM QUIBUSCUNG [UE]DECIMISPARSONAGIIS ET VICCARIIS EARUND [EM] " [TOGETHERWITH ALL HOUSES BUILDINGSAND DEPENDENT PARTS AND APPURTENANCES OF THE SAMEWHATSOEVERTHE TITHES PARSONAGES AND VICARAGES OF THE SAME]".18TH NOVEMBER 1734 MR NAIRN DISPONED THIS ESTATE TOJOHN FORBES ESQ.16TH DECEMBER 1738 MR JOHN FORBES CONVEYED IT TOCOLIN MACKENZIEBY A DISPOSITION OF THIS DATE......LINE NOT COPIED07TH APRIL 1739 THE FORESAID CHARTER ANDDISPOSITIONS OF THISDATE COLIN MACKENZIE DISPONED THE ESTATE TO02ND FEBRUARY 1741 KENNETH MACKENZIEELDEST LAWFULL SON OF WILLIAM EARL OFSEAFORTH BY A DISPOSITION OF THIS DATE12TH FEBRUARY 1741 WHO OBTAINED A CHARTER OFRESIGNATION ANDCONFIRMATION UNDER THE GREAT SEAL OF THE WHOLE25TH MARCH 1741 FORESAID LANDS UPON WHICHINFEFTMENT FOLLOWED10TH DECEMBER 1738 AND OF THIS DATE KENNETHMACKENZIE AFTERWARDSEARL OF SEAFORTH OBTAINED A CHARTER UNDER THEGREAT SEAL IN HIS FAVOURS UPON WHICH INFEFTMENT
  • 208. 04TH JULY 1764 AFTERWARDS FOLLOWEDIN ALL OF THESE TITLES WHICH ARE PRODUCED THE TEINDSPARSONAGES AND VICARAGEARE EXPRESSLY GRANTED AND THE PRPRIETORS UNDERTHESE TITLES HAVE CONSTANTLYAND UNIFORMLY POSSESSED BOTH LANDS AND TEINDSWITHOUT PAYING TO THE CROWNOR ANY PERSON ELSE ANYTHING UPON ACCOUNT OF THEACCOUNT OF THE TEINDS FATHERTHAN THE STIPEND DUE TO THE MINISTERS OF THERESPECTIVE PARISHES IN WHICH THELANDS LIETHE LATE EARL OF SEAFORTH SOLD THE WHOLE ESTATE OFSEAFORTH ANDAS A PART THEREOF THE ISLAND OF LEWIS TO THEREPRESENTER WHOIS NOW IN THE FULL RIGHT AND POSSESSION OF THATESTSATE UNDER THETITLES ABOVE MENTIONEDTHE SOLICITOR OF THE TYTHES HAS LATELY BROUGHT ANACTION AGAINSTTHE REPRESENTER THE SUMMONS OF WHICH BEARS DATE20TH DECEMBER LASTCONCLUDING FOR PAYMENT OF THE SUM OF £133.3.7.STERLING AS THE VALUEOF THE BISHOPS THIRD OF THE TITHES OF THE ISLAND OFLEWIS FORCROP 1781 AND THE LIKE SUM YEARLY IN TIME COMINGTHIS PROCESS CAME IN COARSE BEFORE YOUR LORDSHIPSAND AFTER HEARINGPARTIES YOU PRONOUNCED THIS INTERLOCTOR 27TH JUNE1782THE LORD ORDINARY HAVING HEARD PARTIES PROCURATORSDECERNSAGAINST THE DEFENDER IN TERMS OF THE LIBELSHOULD THIS INTERLOCTOR BE ADHERED TO IT WOULDBRING A VERYHEAVY AND UNEXPECTED BURDEN UPON THEREPRESENTERS ESTATEHE THEREFOR SUBMITS IT TO REVIEW AND IS CONFIDENTWHEN YOURLORDSHIPS SHALL HABE RECONSIDERED THE CAUSE YOUWILL SEE JUSTREASON FOR ALTERING THE INTERLOCTOR ANDASSORTZIEINGTHE REPRESENTER WHEN THE ESTATE OF SEAFORTH WASSOLD.
  • 209. SASINE IN FAVOUR OF ELIZABETH BAILLIEIN LIFERENT AND MRS KATHERINE SUTHERLANDAND WIFEAT INVERNESS THE 23 DAY OF DECEMBER ONE THOUSANTEIGHT HUNDRED AND THREE BETWEEN THE HOURS OF TWOAND THREE O CLOCK IN THE AFTER NOON THE SASINEUNDER WRITTEN WAS PRESENTED BY DAVID PHERSONWRITEN IN INVERNESS AND RECORDED AS FOLLOWS VIZ...IN THE SASINE OF GOD AMEN BE IT KNOWN TO ALL MENBY THIS PRESENT PUBLIC INSTRUMENT THAT UPON THETWENTIETH DAY OF DECEMBER IN THE YEAROF OUR LORDEIGHTEEN HUNDRED AND THREE AND OF THE REIGN OFOUR SOVEREIGN LORD GEORGE THIRD BY THE GRACEOF GOD OF THE UNITED KINGDOM OF GREAT BRITAIN ANDIRELAND KING DEFENDER OF THE FAITH THE FORTY FOURTHYEARIN PRESENCE OF ME NOTARY PUBLIC AND WITNESSSUBSCRIBING COMPEARED PERSONALLY KENNETHMACLENNANSERVANT TO ME NOTARY PUBLIC AS PROCURATOR ANDATTORNEY FOR AND IN NAME AND BEHALF OF MRSELIZABETHBAILLIE WIDOW OF THE DECEASED LIEUTENANT ANDCOLONELJAMES SUTHERLAND OF UPPAT MRS KATHERINESUTHERLANDSPOUSE TO COLONEL ROBERT MACKENZIE DAUGHTER OFTHESAID LIEUTENANT COLONEL JAMES SUTHERLAND-----------------LORD SEAFORTH MARY MAXWELL SUTHERLAND SPOUSE TOLIEUTENANT ALEXANDER SUTHERLAND FORMERLY OF THESECOND BATTALION OF THE SEVENTY EIGHTH REGIMENT OFFOOTALSO DAUGHTER OF THE SAID LIEUTENANT ALEXANDERSUTHERLAND FORMERLY OF THE SECOND BATTALION OFTHESEVENTY EIGHTH REGIMENT OF FOOT ALSO DAUGHTER OFTHESAID LIEUTENANT COLONEL JAMES SUTHERLAND ANDGEORGE SACKVILLE SUTHERLAND ESQUIRE LATE OF UPPATELDEST SON OF THE SAID LIEUTENANT COLONEL JAMESSUTHERLAND WHOSE POWER OF PROCURATORY WASSUFFICIENT KNOWN TO ME NOTARY PUBLICSUBSCRIBING HAVING AND HOLDING IN HIS HANDS ABOND AND DISPOSITION IN SECURITY OF THE DATEUNDERWRITTEN CONTAINING THEREIN THE PRECEPTOF SASINE HEREIN AFTER INSERTED MADE AND GRANTED
  • 210. BY BRIGADIER GENERAL NOW MAJOR GENERALALEXANDER MACKENZIE LIEUTENANT COLONEL OF THE36TH REGIMENT OF FOOT WHEREBY HE BOUND ANDOBLIGED HIMSELF HIS HEIRS EXECUTORS AND SUCCESSORSWHOMSOEVER THAT IS FULLY TO CONTEND AND PAY THESUM OF ONE THOUSANT POUNDS STERLING TO THE SAIDMRS ELIZABETH BAILLIE IN LIFERENT AND FOR HERLIFERENT USE OF THE INTEREST THEREOF ALTERNATIVELYAND GIVE ALL THE FEE ONE HALF OF THE SAID SUM BEINGFIVEHUNDRED POUNDS STERLING TO THE AFORESAIDMRS KATHARINE SUTHERLAND AND TO HER HEIRSAND ASSIGNIES BUT SUBJECT TO THE DECLARATIONSAND QUALIFICATIONS THEREIN AND HEREIN AFTERMENTIONED AND THE OTHER OR REMAINING HALFBEING AN OTHER FIVE HUNDRED POUNDS FINDING OF THESAID PRINCIPAL SUM TO THE SAID FRANCIS LORD SEAFORTHAND TO HIS HEIRS AND ASSIGNEES BUT IN SECURITYONLY AFTER MENTIONED AND SUBJECT TO THEDECLARATIONSAND QUALIFICATIONS THEREIN AND HEREIN AFTERMENTIONED AND THAT AS AND AGAINST THE TERMOF WHITSUNDAY NEXT TO COME WITH ONE FIFTHPART NOW OF THE SAID PRINCIPAL SUM OF LIQUIDATEPENALTY IN CASE OF FAILURE IN THEPAYMENT OF THE SAID LAND AND INTEREST THEREOFIN THE CASE OF THE SAID BOND AND DISPOSE NOWIN SECURITY TO THE SAID TERM OF PAYMENT AND THEREAFTER AT TWO TERMS IN THE YEAR WHITESUNDAYAND--------------------------------- BY EQUAL PORTIONS BEGINNINGTHE FIRST TERMS PAYMENT THEREOF AT WHITSUNDAYNEXT FOR WHAT INTEREST MIGHT BE THEIR DUE ANDSEVERELY AND HALF YEARLY BY THEREAFTERAT THE SAID TWO TERMS SO LONG AS THE ----------- SHALL------------------ UNPAID DECLARING ALWAYS THAT THE RIGHT OFTHE SAID FRANCIS LORD SEAFORTH WAS ONLY IN SECURITYOFA DEBT DUE TO HIM BY THE SAID LIEUTENANT ALEXANDERSUTHERLAND HUSBAND OF THE SAID MARY MAXWELLSUTHERLAND IN TERMS OF THEIR BOND DISPOSITIONAND ---------------------------------------- TO HIS LORDSHIP CONVEYINGTHE SAID MARY MAXWELL SUTHERLAND INTEREST IN THESUM CONTAINED IN AN HERITABLE BOND GRANTED BY MAJORGENERAL MACKAY HUGH BAILLIE OF ROSEHALL AND THATUPON THE SAID DEBT BY LIEUTENANT ALEXANDERSUTHERLANDTO THE SAID FRANCIS LORD SEAFORTH BEING PAID OROTHERWISE
  • 211. EXTINGQUISHED HIS LORDSHIPS INTEREST UNDER THE SAIDSECURITY SHOULD CEASE AND BE AT AN END AND THEPROVISIONS OF THE SAID MARY MAXWELL SUTHERLANDOR THAT HALF OF THE SUM CONTAINED IN THE SAIDBOND ARISING WITH THE INTEREST AFTER THE DEATHOF THE SAID MRS ELIZABETH BAILLIE HER MOTHERAND PENALTY CORRESPONDING THERETO SHOULDBECAUSE PAYABLE TO HERESELF AND HEIRS ANDEXECUTIONERS BUT FURTHER PROVIDING AS IFWAS THEIR BY SPECIALY PROVIDED AND DECLAREDTHAT IN THE EVENT OF THE AFORESAID KATHARINEAND MARY MAXWELL SUTHERLAND OR EITHEROF THEM DYING BEFORE THE SAID MRS ELIZABETHBAILLIE THEIR MOTHER THEIR BIND AND IN THAT CASETHEIR----------------- AND PROVISIONS AS THOSE AFORESAIDINRESPECTIVE SUMS OF FIVE HUNDRED POUNDS EACHHEREFROM CONTAINED IN THE SAID BOND AND DISPOSITIONIN SECURITY WITH INTEREST AND PENALTY CORRESPONDINGTHERETO SHALL RESPECTIVELY BELONG TO THE PERSONAFORESAID TO WHOM THE SASINE WHICH IN THEEVENTS MENTIONED AND DEED OF SETTLEMENT BY THE SAIDLIEUTENANT COLONEL SUTHERLAND NARRATED IN THESAID BOND AND DISPOSITION IN SECURITY HAVE BELONGEDIF THEY HAVE TILL RECEIVED UPENALTY FORMER SECURITYAND IN CASE IF SHOULD BE FOUND THAT BY THE TRUECONSTRUCTION OF THE SAID DEED OF SETTLEMENT THEPROVISION THEREBY LEFT TO THE SAID MARY MAXWELLSUTHERLAND IN THE EVENT OF HEIRS DYING BEFOREHER MOTHER WOULD BE EVACUATED SO THAT THE SAMEWOULD FALL INTO HER BROTHER THE SAID GEORGESACKVILLE SUTHERLAND IN THAT CASE AND IN THESAME EVENTS THE RIGHT OF THE SAID FRANCISLORD SEAFORTH THOUGH BY THE TENOR OF THE SAIDBOND AND DISPONE NOW IN SECURITY HIS LORDSHIPWAS MADE DIRECT CREDITOR SHOULD CEASE AND BECOMEVOID AND THE FIVEHUNDRED POUNDS MADE PAYABLE TOHIS LORDSHIP WITH THE INTEREST THEREOF FROMHE DEATH OF THE LIFERENTING SHOULD BECOME PAYABLETO THE SAID GEORGE LACKWELL SUTHERLAND BUTOTHERWAYSTHE RIGHT TO THE SAID FIVEHUNDRED POUNDS SHOULDREMAINWITH HIS LORDSHIP IN THE SAID EVENT AS WELL AS IN ANYOTHER IN SECURITY OF THE SAID DEBT DUE TO HIMAND FOR THE FURTHER SECURITY AND MORE SURE PAYMENTOF THE SAID SUMS PRINCIPAL INTEREST AND PENALTYTHE SAID ALEXANDER MACKENZIE DID DISPONE ASSIGN AND
  • 212. MAKE OVER TO THE AFORESAID MRS ELIZABETH BAILLIEIN LIFERENT AND MRS KATHARINE SUTHERLAND ANDFRANCIS LORD SEAFORTH THEIR HEIRS AND SUCCESSORSFOR THEIR RESPECTIVE INTERESTS INFEE AS AFORESAIDBUT ALWAYS WITH AND UNDER THIS CONDITION PROVISIONAND DECLARATIONS BEFORE SPECIFIED AND IN THE EVENTFORESAID TO THE SAID MARY MAXWELL SUTHERLAND ANDGEORGE SACKVILLE SUTHERLAND FOR THEIR RESPECTIVEINTERESTS AND TO THEIR HEIRS AND SUCCESSORSRESPECTIVEBY HERITABLY BUT UNDER REVERSION AS THEREINMENTIONEDALL AND WHOLE THE LANDS OF MANAV WITH THE HOUSESGARDEN ORCHARDS SHEILDING PARTS AND PENDICLES ANDUNIVERSAL PERTINENTS OF THE SAME ALL LYING WITHIN THEPARISH OF URRAY AND COUNTY OF ROSS AND ALL ANDWHOLE THE LANDS AND ESTATE AND COUNTY OFSTRATHCONNONCOMPREHENDING THE PARTICULAR TOWNS AND TENEMENTSSPECIFIED IN THE RIGHTS AND INFEFTMENTS THEREOFCONCEIVEDIN FAVOUR OF THE SAID ALEXANDER MACKENZIE HISPREDECESSORSAND ALL HEIRS AND BY WHATSOEVER DENOMINATION THEYGOAND ARE DESCRIBED THEIR WILL WHICH IN WHOLE EXTENDTO TWO DAVOCHS AND IN HALF DAVOCH LAND WITH THEWOODGRAZING SHEALING MOSSES PASTURAGES PARTSPENDICLESAND PERTINENTS KNOWN TO PERTAIN AND BELONGTHERETOAND WHICH LANDS IN THE RESPECTIVE PARISHES OF URRAYFODDERTY AND CONTIN IN THE SHERIFFDOM OF ROSSTOGETHERWITH ALL RIGHT AND INTEREST CLAIM OF RIGHT PROPERLYAND POSSESSION WHICH THE SAID ALEXANDER MACKENZIEHIS AUTHORS AND PREDECESSORS HAD OR ANY WAYSRIGHTSHAVE CLAIM OR PRETEND TO THE SAID LANDS AND OTHERSOR TO ANY PART APPORTION THEREOF AND THEIR REALSECURITYRD 13/149/BOX657. DATE 31/JULY 1809DISPOSITION AND DEED OF SETTLEMENT BY COLONELROBERT MACKENZIE26 NOVEMBER 1802 WB OFFICE 31/07/1809PRESENTED BY JOSEPH GORDON
  • 213. MR THOMAS THOMSON ADVOCATE 5 SHEETS.I COLONEL ROBERT MACKENZIE IN THE SERVICE OF THEHONOURABLE EASTINDIA COMPANY FOR THE LOVE FAVOUR AND AFFECTIONWHICH I HAVE ANDBEAR TO ALEXANDER MACKENZIE MY SON PROCREATED OFTHE MARRIAGEBETWEEN ME AND MRS KATHARINE SUTHERLAND NOWMACKENZIE MY WIFEAND OTHER GOOD CAUSES AND CONSIDERATIONS MOVINGME DO BY THESEPRESENTS IN THE EVENT OF MY DECEASE GIVE GRANT ANDDISPONE TO ANDIN FAVOUR OF THE SAID ALEXANDER MACKENZIE MY SON ANDTHE HEIRSWHATSOEVER OF HIS BODY WHOM FAILING TO THE HEIRSWHATSOEVER OF MYBODY WHOM FAILING TO ROBERT MACKENZIE LIEUTENANT INTHE MAHRATTASERVICE MURDOCK MACKENZIE SON OF KATHARINE MCLEODIN ASSYNT INTHE COUNTY OF SUTHERLAND AND HUME MACKENZIELIEUTENANT IN THESERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THEMADRASESTABLISHMENT ALL THREE MY NATURAL SONS EQUALLYAMONG THEM ANDTHE HEIRS WHATSOEVER OF THEIR BODIES AND FAILING ANYONE OR TWOOF THEM AND THE HEIRS WHATSOEVER OF THEIR BODIES TOTHE OTHER ONEOR TWO OF THEM EQUALLY BETWEEN THEM IF TWO AND THEHEIRSWHATSOEVER OF HIS OR THEIR BODIES WHOM ALL FAILINGTO MY OWNNEAREST AND LAWFUL HEIRS AND ASSIGNEES WHATSOEVERALL ANDSUNDRY LANDS HERITAGES ANNUAL RENTS TEINDSADJUDICATIONSREVERSIONS WOODS MILLS FISHINGS TACKS HEADING ANDPOSSESSIONBELONGING TO ME OR WHICH SHALL BELONG TO ME AT MYDEATH ASALSO ALL AND SUNDRY DEBTS AND SUMS OF MONEY BOTHHERITABLE ANDMOVEABLE DUE AND OWING OR WHICH SHALL BE DUE ANDOWING BY ANY
  • 214. PERSON OR PERSONS TO ME AT MY DEATH BY BOND BILLDECREE ACCOUNTPREMISE OR FACTION AS RENT OF LANDS OR ANNUAL RENTSOF MONEY OR INANY OTHER MANNER OF WAY WHATSOEVER WITH THE WHOLEVOUCHERSINSTRUCTIONS AND CONVEYANCES THEREOF WRITS ANDDEEDS GRANTEDAND DILIGENCE AND EXECUTION ISSUED AND OBTAINED FORPAYMENT ANDSECURITY OF THE SAME AND ALSO ALL AND SUNDRY CORNSCATTLE HORSESHEEP HOUSEHOLD PLENISHINGS AND FURNITUREINCLUDING BED ANDTABLE LINEN SILVER PLATE JEWELS TRINKETS BANK NOTESGOLD AND SILVERCOINED AND UNCOINED AND LYING MONEY CLOATHS BOOKSAND OTHERMOVEABLE GOODS GEAR AND EFFECTS OF WHATSOEVERNATURE ORDENOMINATION INCLUDING HEIRSHIP MOVEABLE BELONGINGOR THAT MAYBELONG TO ME AT MY DEATH WHEREVER OR IN WHOSECUSTODY SOEVERTHE SAME MAY THEN BE DISPENSING WITH THE GENERALITYHEREOF ANDDECLARING THESE PRESENTS TO BE EQUALLY GOOD ANDEFFECTUALTO ALL INTENTS AND PURPOSES AS IF THE SAID LANDSHERITAGESMOVEABLE DEBTS AND OTHERS HEREBY CONVEYED WEREHEREINPARTICULARLY SPECIFIED AND ENUMERATED DECLARINGALWAYS AS IT ISWHEREBY EXPRESSLY PROVIDED AND DECLARED THAT THESAID ALEXANDERMACKENZIE MY SON AND THE OTHER HEIRS SUBSTITUTESAND SUCCESSORSBEFORE NAMED IN THEIR ORDER SHALL BE BOUND ANDOBLIGED TO CONTENTAND PAY MY FUNERAL EXPENSES AND ALL MY JUST ANDLAWFUL DEBTSAND PARTICULARLY WITHOUT PREDUDICE TO THE SAIDGENERALITY THEPREVIOUS CONTAINED IN A CONTRACT OF MARRIAGEENTERED INTO BETWEENME ON THE ONE PART AND THE SAID KATHERINE
  • 215. SUTHERLAND NOW MACKENZIEMY WIFE ELDEST LAWFUL DAUGHTER OF THE DECEASTCOLONEL JAMESSUTHERLAND OF UPPAT WITH THE ADVICE AND CONCENT OFCAPTAIN GEORGESACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMANON THE OTHERPART DATED THE 15/07/1801 WHICH PROVISIONS WERECONCEIVED IN FAVOUROF THE SAID KATHERINE SUTHERLAND NOW MACKENZIE MYWIFE AS WELLOF THE CHILDREN TO BE PROCREATED OF THE MARRIAGEDECLARING THATTHE SAID ALEXANDER MACKENZIE MY SON SHALL BEENTITLED TO THE FULLBENIFIT OF THE PROVISIONS CONTAINED IN THE SAIDCONTRACT IN SOFAR AS THE SAME MAY BE INTERPRETED IN HIS FAVOUR OVERAND ABOVEWHAT HE MAY DRAW FROM MY ESTATE REAL AND PERSONALIN VIRTUEOF THESE PRESENTS THE SAME BEING MADE AND GRANTEDWITHOUTPREJUDICE TO THE ABOVE MENTIONED PREVIOUS IN ANYMANNER OF WAYAS ALSO MY SAID SON AND THE OTHER HEIRS SUBSTITUTINGANDSUCCESSORS BEFORE MENTIONED SHALL BE BOUND TO PAYTHEFOLLOWING LAGACIES VIZ. WHEREAS BY THE SAIDCONTRACT OF MARRIAGEAMONG OTHER PROVISIONS CONCEIVED IN FAVOUR OF THESAID KATHARINESUTHERLAND NOW MACKENZIE MY WIFE IT WAS DECLAREDTHAT IN THE EVENTOF MY PREDECEASING THE SAID KATHERINE SUTHERLANDNOW MACKENZIEMY WIFE AND THAT AT THE DISSOLUTION OF THE MARRIAGEBY MY DECEASEOR OTHERWISE THERE SHOULD BE NO CHILD OR CHILDRENEXISTINGTHEREOF AT THE TIME THEN AND IN THAT CASE I PROVIDEDHEREIN ANDSHE WAS ENTITLED TO RECEIVE AND WAS THEREBYEMPOWERED TODEMAND AND RECEIVE THE INTEREST OF SIX THOUSANTPOUNDS STERLING
  • 216. PROVIDED TO THE CHILDREN OF THE MARRIAGE IN MANNERTHEREINMENTIONED NOW IN CASE THE SAID EVENTUAL PROVISIONSHOULD BEVACATED IN CONSEQUENCE OF THE EXISTENCE OF A CHILDOR CHILDRENPROCREATED OF THE MARRIAGE WHO MAY SURVIVE ME THENANDIN THAT EVENT I HEREBY GIVE AND BEQUEATH TO THE SAIDKATHARINESUTHERLAND NOW MACKENZIE MY WIFE THE SUM OF TWOTHOUSANTPOUNDS STERLING THEN TO THE SAID HUME MACKENZIE MYNATURALSON I GIVE AND BEQUEATH THE SUM OF FIVE HUNDREDPOUNDS STERLINGTHEN TO THE SAID ROBERT MACKENZIE MY NATURAL SONTHE SUMOF THREE HUNDRED POUNDS STERLING THEN TO THE SAIDMURDOCHMACKENZIE MY NATURAL SON THE LIKE SUMOF THREEHUNDREDPOUNDS STERLING THEN TO FRANCES MACKENZIE NOWGUNN MYNATURAL DAUGHTER THE SUM OF TWO HUNDRED POUNDSSTERLINGTHEN TO MARIA MACKENZIE NOW MACAULY MY NATURALDAUGHTERTHE LIKE SUM OF TWO HUNDRED POUNDS STERLING THENTO COLONELLOUIS GRANT OF ACHUINACH LATE IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY THE SUM OF THREE HUNDRED POUNDSSTERLINGTHEN TO CAPTAIN CHARLES GRANT IN THE SERVICE OF THEHONOURABLEEAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT THELIKESUM OF THREE HUNDRED POUNDS STERLING THEN TO MRSELIZABETHSUTHERLAND WIDOW OF THE SAID COLONEL JAMESSUTHERLAND ANDMOTHER OF THE SAID KATHARINE SUTHERLAND NOWMACKENZIEWIFE THE SUM OF FIVE HUNDRED POUNDS STERLING AND MYSAID SONAND THE OTHER HEIRS SUBSTITUTING AND SUCCESSORS
  • 217. BEFOREMENTIONED SHALL BE BOUND TO PAY THE SAID SEVERALLAGACIESAT THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTERMY DEATHWITH A FIFTH PART MORE OF PENALTY IN CASE OF FAILUREAND THELEGAL INTEREST OF THE SAID SUMS RESPECTIVELY FROMTHE SAIDTERM OF PAYMENT UNTIL PAID DECLAIRING THAT THE JUSMARITIAND RIGHT OF ADMINISTRATION OF THE HUSBANDS OF THESAIDFRANCIS MACKENZIE NOW GUNN AND OF THE SAID MARIAMACKENZIENOW MACAULY IS HEREBY EXPRESSLY SECLUDED ANDDEBARRED IN SOFAR AS CONCERNS THE SAID LEGACIES PENALTIES ANDINTERESTAND FOR CARRYING THESE PRESENTS INTO MOREEFFECTUALEXECUTION I HEREBY NOMINATE AND APPOINT THE SAIDALEXANDERMACKENZIE MY SON WHOM FAILING THE SAID KATHARINESUTHERLANDNOW MACKENZIE MY WIFE THE SAID GEORGE SACKVILLESUTHERLANDTHE SAID LOUIS GRANT THE SAID CHARLES GRANT COLONELWILLIAMDUNCAN IN THE SERVICE OF THE HONOURABLE EAST INDIACOMPANYCAPTAIN HENRY WHITE IN THE SERVICE OF THE HONOURABLEEASTINDIA COMPANY ON THE BENGAL ESTABLISHMENT AND NOWOR LATELYAIDE DE CAMP TO HIS EXELLENCY MARQUISE WELLESLEYGOVERNORGENERAL OF BENGAL AND COLIN MACKENZIE WRITER TO THESIGNETAND THE ACCEPTING SURVIVORS OR SURVIVOR OF THEM TOBE MYSOLE EXECUTORS EXCLUDING MY NEAREST OF KIN AND ALLOTHERSFROM THE SAID OFFICE MOREOVER AS I JUDGE IT PRUDENTTO NAMETUTORS AND CURATORS TO THE SAID ALEXANDERMACKENZIE
  • 218. MY SON OR TO ANY OTHER CHILD OR CHILDREN WHO MAY BEPROCREATED OF THE SAID MARRIAGE BETWEEN ME AND THESAID KATHARINE SUTHERLAND NOW MACKENZIE AND HAVINGENTIRE CONFIDENCE IN THE SAID KATHARINE SUTHERLANDNOW MACKENZIE MY WIFE GEORGE SACKVILLE SUTHERLANDLOUIS GRANT CHARLES GRANT WILLIAM DUNCAN HENRYWHITEAND COLIN MACKENZIE DO HEREBY NOMINATE AND APPOINTTHEM AND THE ACCEPTING SURVIVORS OR SURVIVOR OFTHEM TO BE TUTORS AND CURATORS TO THE SAIDALEXANDERMACKENZIE MY SON AND TO SUCH OTHER CHILD ORCHILDRENAS MAY BE PROCREATED OF THE SAID MARRIAGE DURINGTHE WHOLE PERIOD OF THEIR RESPECTIVE PUPILARITIESAND MINORITIESDECLARING THAT THE MAJORITY OF THE PERSONS BEFORENAMEDACCEPTING AND ALIVE AT THE TIME OR ANY ONE OF THEMACCEPTING AND SURVIVING THE LEAST SHALL BE A QUORUMANDDECLAIRING ALSO THAT THEY SHALL NOT AS TUTORS ORCURATORSBE LIABLE FOR OMISSIONS NOR SINGULI IN SOLIDUM BUTEACHONLY FOR HIS OWN ACTUAL INTROMISSIONS AND THAT ITSHALLBE IN THE POWER OF THE PERSONS BEFORE NAMED TOACCEPTTHE OFFICE OF TUTOR AND RENOUNCE THE OFFICE OFCURATORAND I HEREBY REVOKE ALL FORMER DISPOSITION ANDSETTLEMENTLEGACIES CODICALS AND OTHER TESTAMENTARY DEEDSMADEOR GRANTED BY ME IN FAVOR OF WHATEVER PERSON ORPERSONSPRECEEDING THE DATE HEREOF AND DECLARE THIS TO BEMY LASTWILL AND TESTAMENT RESERVING ALWAYS TO MYSELF FULLPOWER AND LIBERTY AT ANY TIME OF MY LIFEEVEN IN SICKNESS OR ON DEATHBED TO EVOKE ALTER ANDINNOVATETHESE PRESENTS IN WHOLE OR IN PART OR TO CANCEL THESAMEAT PLEASURE BUT IF I SHALL NOT THINK FIT SO TO DO THESEPRESENTS
  • 219. SHALL BE EFFECTUAL THOUGH FOUND IN MY CUSTODY OR INTHE CUSTODYOF ANY OTHER PERSON TO WHOM I MAY ENTRUST THE SAMEUNDELIVEREDAT MY DEATH WITH THE DELIVERY WHEREOF I HEREBYDISPENSE ANDCONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OFCOUNCIL ANDSESSION OR OTHERS COMPETENT THEREIN TO REMAIN FORPRESERVATIONAND THERETO CONSTITUTEMY PROCURATORS IN WITNESS.WHEREOF SUBSCRIBE THESE PRESENTS WRITTEN ON THISAND THE TWOPRECEEDING PAGES OF STAMPED PAPER BY WILLIAMMACKENZIE CLERK TOALEXANDER AND COLIN MACKENZIE WRITERS TO THE SIGNETON EACHPAGE AT EDINBURGH THE 26/11/1802 BEFORE THESEWITNESSES THESAID ALEXANDER MACKENZIE WRITER TO THE SIGNET ANDTHE SAIDWILLIAM MACKENZIE WRITER HEREOF.ROBERT MCKENZIEALEXANDER MACKENZIE WITNESSWILLIAMHUGH FRASER * CHRISTIAN CHISHOLMOF COMERDIED 19/11/1691SASINE 09/09/1675DRUMCHARDING.WILLIAM FRASER * MARGARET GRANTB.M. 20/09/1683D.WILLIAM FRASER * MARGARET MCDONALDOF ARDNABIEWILLIAM FRASER * MARGARET STEWARTB.M.CONTRACT OF MARRIAGE 1759.D.WILLIAM FRASER * SARAH FRASEROF CULBOCKIE 3RD DAUGHTER OFJAMES FRASER OFBELLADRUMWILLIAM FRASER * MARGARET CHISHOLMOF CULBOCKIE
  • 220. D.13/08/1785WILLIAM FRASER * JANET BROWNOF CULBOCKIE DAUGHTER OFDR ANDREW BROWNB.M.D.SC29/44/6 1844 RECORDED.HAD IN1855 TROTTERNISH KILMUIRWESTER SKYE. BELEIVED TO LIVENEWTON HOUSE NAIRN. (NEAR CULBOKIE)</pre></body></html><!--HTML generated by highlight 2.4.5, http://www.andre-simon.de/-->

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