Copy of SIR ALEXANDER MACKENZIE OF ROYSTON CROMARTY GRANDVILLE TA
1. PAULM594 RD 13/149/BOX657. DATE 31/JULY 1809 DISPOSITION AND DEED OF
SETTLEMENT BY COLONEL ROBERT MACKENZIE 26 NOVEMBER 1802 WB OFFICE
31/07/1809 PRESENTED BY JOSEPH GORDON MR THOMAS THOMSON ADVOCATE 5
SHEETS. I COLONEL ROBERT MACKENZIE IN THE SERVICE OF THE HONOURABLE EAST
INDIA COMPANY FOR THE LOVE FAVOUR AND AFFECTION WHICH I HAVE AND BEAR
TO ALEXANDER MACKENZIE MY SON PROCREATED OF THE MARRIAGE BETWEEN ME
AND MRS KATHARINE SUTHERLAND NOW MACKENZIE MY WIFE AND OTHER GOOD
CAUSES AND CONSIDERATIONS MOVING ME DO BY THESE PRESENTS IN THE EVENT
OF MY DECEASE GIVE GRANT AND DISPONE TO AND IN FAVOUR OF THE SAID
ALEXANDER MACKENZIE MY SON AND THE HEIRS WHATSOEVER OF HIS BODY WHOM
FAILING TO THE HEIRS WHATSOEVER OF MY BODY WHOM FAILING TO ROBERT
MACKENZIE LIEUTENANT IN THE MAHRATTA SERVICE MURDOCK MACKENZIE SON OF
KATHARINE MCLEOD IN ASSYNT IN THE COUNTY OF SUTHERLAND AND HUME
MACKENZIE LIEUTENANT IN THE SERVICE OF THE HONOURABLE EAST INDIA
COMPANY ON THE MADRAS ESTABLISHMENT ALL THREE MY NATURAL SONS
EQUALLY AMONG THEM AND THE HEIRS WHATSOEVER OF THEIR BODIES AND
FAILING ANY ONE OR TWO OF THEM AND THE HEIRS WHATSOEVER OF THEIR BODIES
TO THE OTHER ONE OR TWO OF THEM EQUALLY BETWEEN THEM IF TWO AND THE
HEIRS WHATSOEVER OF HIS OR THEIR BODIES WHOM ALL FAILING TO MY OWN
NEAREST AND LAWFUL HEIRS AND ASSIGNEES WHATSOEVER ALL AND SUNDRY
LANDS HERITAGES ANNUAL RENTS TEINDS ADJUDICATIONS REVERSIONS WOODS
MILLS FISHINGS TACKS HEADING AND POSSESSION BELONGING TO ME OR WHICH
SHALL BELONG TO ME AT MY DEATH AS ALSO ALL AND SUNDRY DEBTS AND SUMS
OF MONEY BOTH HERITABLE AND MOVEABLE DUE AND OWING OR WHICH SHALL BE
DUE AND OWING BY ANY PERSON OR PERSONS TO ME AT MY DEATH BY BOND BILL
DECREE ACCOUNT PREMISE OR FACTION AS RENT OF LANDS OR ANNUAL RENTS OF
MONEY OR IN ANY OTHER MANNER OF WAY WHATSOEVER WITH THE WHOLE
VOUCHERS INSTRUCTIONS AND CONVEYANCES THEREOF WRITS AND DEEDS
GRANTED AND DILIGENCE AND EXECUTION ISSUED AND OBTAINED FOR PAYMENT
AND SECURITY OF THE SAME AND ALSO ALL AND SUNDRY CORNS CATTLE HORSE
SHEEP HOUSEHOLD PLENISHINGS AND FURNITURE INCLUDING BED AND TABLE
LINEN SILVER PLATE JEWELS TRINKETS BANK NOTES GOLD AND SILVER COINED AND
UNCOINED AND LYING MONEY CLOATHS BOOKS AND OTHER MOVEABLE GOODS
GEAR AND EFFECTS OF WHATSOEVER NATURE OR DENOMINATION INCLUDING
HEIRSHIP MOVEABLE BELONGING OR THAT MAY BELONG TO ME AT MY DEATH
WHEREVER OR IN WHOSE CUSTODY SOEVER THE SAME MAY THEN BE DISPENSING
WITH THE GENERALITY HEREOF AND DECLARING THESE PRESENTS TO BE EQUALLY
GOOD AND EFFECTUAL TO ALL INTENTS AND PURPOSES AS IF THE SAID LANDS
HERITAGES MOVEABLE DEBTS AND OTHERS HEREBY CONVEYED WERE HEREIN
PARTICULARLY SPECIFIED AND ENUMERATED DECLARING ALWAYS AS IT IS
WHEREBY EXPRESSLY PROVIDED AND DECLARED THAT THE SAID ALEXANDER
MACKENZIE MY SON AND THE OTHER HEIRS SUBSTITUTES AND SUCCESSORS BEFORE
NAMED IN THEIR ORDER SHALL BE BOUND AND OBLIGED TO CONTENT AND PAY MY
FUNERAL EXPENSES AND ALL MY JUST AND LAWFUL DEBTS AND PARTICULARLY
WITHOUT PREDUDICE TO THE SAID GENERALITY THE PREVIOUS CONTAINED IN A
CONTRACT OF MARRIAGE ENTERED INTO BETWEEN ME ON THE ONE PART AND THE
SAID KATHERINE SUTHERLAND NOW MACKENZIE MY WIFE ELDEST LAWFUL
DAUGHTER OF THE DECEAST COLONEL JAMES SUTHERLAND OF UPPAT WITH THE
ADVICE AND CONCENT OF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPAT HER
2. BROTHER GERMAN ON THE OTHER PART DATED THE 15/07/1801 WHICH PROVISIONS
WERE CONCEIVED IN FAVOUR OF THE SAID KATHERINE SUTHERLAND NOW
MACKENZIE MY WIFE AS WELL OF THE CHILDREN TO BE PROCREATED OF THE
MARRIAGE DECLARING THAT THE SAID ALEXANDER MACKENZIE MY SON SHALL BE
ENTITLED TO THE FULL BENIFIT OF THE PROVISIONS CONTAINED IN THE SAID
CONTRACT IN SO FAR AS THE SAME MAY BE INTERPRETED IN HIS FAVOUR OVER AND
ABOVE WHAT HE MAY DRAW FROM MY ESTATE REAL AND PERSONAL IN VIRTUE OF
THESE PRESENTS THE SAME BEING MADE AND GRANTED WITHOUT PREJUDICE TO
THE ABOVE MENTIONED PREVIOUS IN ANY MANNER OF WAY AS ALSO MY SAID SON
AND THE OTHER HEIRS SUBSTITUTING AND SUCCESSORS BEFORE MENTIONED SHALL
BE BOUND TO PAY THE FOLLOWING LAGACIES VIZ. WHEREAS BY THE SAID
CONTRACT OF MARRIAGE AMONG OTHER PROVISIONS CONCEIVED IN FAVOUR OF
THE SAID KATHARINE SUTHERLAND NOW MACKENZIE MY WIFE IT WAS DECLARED
THAT IN THE EVENT OF MY PREDECEASING THE SAID KATHERINE SUTHERLAND NOW
MACKENZIE MY WIFE AND THAT AT THE DISSOLUTION OF THE MARRIAGE BY MY
DECEASE OR OTHERWISE THERE SHOULD BE NO CHILD OR CHILDREN EXISTING
THEREOF AT THE TIME THEN AND IN THAT CASE I PROVIDED HEREIN AND SHE WAS
ENTITLED TO RECEIVE AND WAS THEREBY EMPOWERED TO DEMAND AND RECEIVE
THE INTEREST OF SIX THOUSANT POUNDS STERLING PROVIDED TO THE CHILDREN OF
THE MARRIAGE IN MANNER THEREIN MENTIONED NOW IN CASE THE SAID EVENTUAL
PROVISION SHOULD BE VACATED IN CONSEQUENCE OF THE EXISTENCE OF A CHILD
OR CHILDREN PROCREATED OF THE MARRIAGE WHO MAY SURVIVE ME THEN AND IN
THAT EVENT I HEREBY GIVE AND BEQUEATH TO THE SAID KATHARINE SUTHERLAND
NOW MACKENZIE MY WIFE THE SUM OF TWO THOUSANT POUNDS STERLING THEN TO
THE SAID HUME MACKENZIE MY NATURAL SON I GIVE AND BEQUEATH THE SUM OF
FIVE HUNDRED POUNDS STERLING THEN TO THE SAID ROBERT MACKENZIE MY
NATURAL SON THE SUM OF THREE HUNDRED POUNDS STERLING THEN TO THE SAID
MURDOCH MACKENZIE MY NATURAL SON THE LIKE SUMOF THREE HUNDRED
POUNDS STERLING THEN TO FRANCES MACKENZIE NOW GUNN MY NATURAL
DAUGHTER THE SUM OF TWO HUNDRED POUNDS STERLING THEN TO MARIA
MACKENZIE NOW MACAULY MY NATURAL DAUGHTER THE LIKE SUM OF TWO
HUNDRED POUNDS STERLING THEN TO COLONEL LOUIS GRANT OF ACHUINACH LATE
IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY THE SUM OF THREE
HUNDRED POUNDS STERLING THEN TO CAPTAIN CHARLES GRANT IN THE SERVICE OF
THE HONOURABLE EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT THE
LIKE SUM OF THREE HUNDRED POUNDS STERLING THEN TO MRS ELIZABETH
SUTHERLAND WIDOW OF THE SAID COLONEL JAMES SUTHERLAND AND MOTHER OF
THE SAID KATHARINE SUTHERLAND NOW MACKENZIE WIFE THE SUM OF FIVE
HUNDRED POUNDS STERLING AND MY SAID SON AND THE OTHER HEIRS
SUBSTITUTING AND SUCCESSORS BEFORE MENTIONED SHALL BE BOUND TO PAY THE
SAID SEVERAL LAGACIES AT THE FIRST TERM OF WHITSUNDAY OR MARTINMAS
AFTER MY DEATH WITH A FIFTH PART MORE OF PENALTY IN CASE OF FAILURE AND
THE LEGAL INTEREST OF THE SAID SUMS RESPECTIVELY FROM THE SAID TERM OF
PAYMENT UNTIL PAID DECLAIRING THAT THE JUS MARITI AND RIGHT OF
ADMINISTRATION OF THE HUSBANDS OF THE SAID FRANCIS MACKENZIE NOW GUNN
AND OF THE SAID MARIA MACKENZIE NOW MACAULY IS HEREBY EXPRESSLY
SECLUDED AND DEBARRED IN SO FAR AS CONCERNS THE SAID LEGACIES PENALTIES
AND INTEREST AND FOR CARRYING THESE PRESENTS INTO MORE EFFECTUAL
EXECUTION I HEREBY NOMINATE AND APPOINT THE SAID ALEXANDER MACKENZIE
3. MY SON WHOM FAILING THE SAID KATHARINE SUTHERLAND NOW MACKENZIE MY
WIFE THE SAID GEORGE SACKVILLE SUTHERLAND THE SAID LOUIS GRANT THE SAID
CHARLES GRANT COLONEL WILLIAM DUNCAN IN THE SERVICE OF THE HONOURABLE
EAST INDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICE OF THE HONOURABLE
EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT AND NOW OR LATELY AIDE
DE CAMP TO HIS EXELLENCY MARQUISE WELLESLEY GOVERNOR GENERAL OF
BENGAL AND COLIN MACKENZIE WRITER TO THE SIGNET AND THE ACCEPTING
SURVIVORS OR SURVIVOR OF THEM TO BE MY SOLE EXECUTORS EXCLUDING MY
NEAREST OF KIN AND ALL OTHERS FROM THE SAID OFFICE MOREOVER AS I JUDGE IT
PRUDENT TO NAME TUTORS AND CURATORS TO THE SAID ALEXANDER MACKENZIE
MY SON OR TO ANY OTHER CHILD OR CHILDREN WHO MAY BE PROCREATED OF THE
SAID MARRIAGE BETWEEN ME AND THE SAID KATHARINE SUTHERLAND NOW
MACKENZIE AND HAVING ENTIRE CONFIDENCE IN THE SAID KATHARINE
SUTHERLAND NOW MACKENZIE MY WIFE GEORGE SACKVILLE SUTHERLAND LOUIS
GRANT CHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLIN MACKENZIE
DO HEREBY NOMINATE AND APPOINT THEM AND THE ACCEPTING SURVIVORS OR
SURVIVOR OF THEM TO BE TUTORS AND CURATORS TO THE SAID ALEXANDER
MACKENZIE MY SON AND TO SUCH OTHER CHILD OR CHILDREN AS MAY BE
PROCREATED OF THE SAID MARRIAGE DURING THE WHOLE PERIOD OF THEIR
RESPECTIVE PUPILARITIES AND MINORITIES DECLARING THAT THE MAJORITY OF THE
PERSONS BEFORE NAMED ACCEPTING AND ALIVE AT THE TIME OR ANY ONE OF THEM
ACCEPTING AND SURVIVING THE LEAST SHALL BE A QUORUM AND DECLAIRING
ALSO THAT THEY SHALL NOT AS TUTORS OR CURATORS BE LIABLE FOR OMISSIONS
NOR SINGULI IN SOLIDUM BUT EACH ONLY FOR HIS OWN ACTUAL INTROMISSIONS
AND THAT IT SHALL BE IN THE POWER OF THE PERSONS BEFORE NAMED TO ACCEPT
THE OFFICE OF TUTOR AND RENOUNCE THE OFFICE OF CURATOR AND I HEREBY
REVOKE ALL FORMER DISPOSITION AND SETTLEMENT LEGACIES CODICALS AND
OTHER TESTAMENTARY DEEDS MADE OR GRANTED BY ME IN FAVOR OF WHATEVER
PERSON OR PERSONS PRECEEDING THE DATE HEREOF AND DECLARE THIS TO BE MY
LAST WILL AND TESTAMENT RESERVING ALWAYS TO MYSELF FULL POWER AND
LIBERTY AT ANY TIME OF MY LIFE EVEN IN SICKNESS OR ON DEATHBED TO EVOKE
ALTER AND INNOVATE THESE PRESENTS IN WHOLE OR IN PART OR TO CANCEL THE
SAME AT PLEASURE BUT IF I SHALL NOT THINK FIT SO TO DO THESE PRESENTS SHALL
BE EFFECTUAL THOUGH FOUND IN MY CUSTODY OR IN THE CUSTODY OF ANY OTHER
PERSON TO WHOM I MAY ENTRUST THE SAME UNDELIVERED AT MY DEATH WITH THE
DELIVERY WHEREOF I HEREBY DISPENSE AND CONSENT TO THE REGISTRATION
HEREOF IN THE BOOKS OF COUNCIL AND SESSION OR OTHERS COMPETENT THEREIN
TO REMAIN FOR PRESERVATION AND THERETO CONSTITUTE MY PROCURATORS IN
WITNESS. WHEREOF SUBSCRIBE THESE PRESENTS WRITTEN ON THIS AND THE TWO
PRECEEDING PAGES OF STAMPED PAPER BY WILLIAM MACKENZIE CLERK TO
ALEXANDER AND COLIN MACKENZIE WRITERS TO THE SIGNET ON EACH PAGE AT
EDINBURGH THE 26/11/1802 BEFORE THESE WITNESSES THE SAID ALEXANDER
MACKENZIE WRITER TO THE SIGNET AND THE SAID WILLIAM MACKENZIE WRITER
HEREOF. ROBERT MCKENZIE ALEXANDER MACKENZIE WITNESS WILLIAM
MACKENZIE WITNESS GD305/1/128/17. IT IS CONTRACTED AGREED AND
MATRIMONIALLY ENDED BETWIXT THE PARTIES FOLLOWING VIZ. COLLONELL
ROBERT MCKINZIE IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY ON
THE ONE PART AND MISS KATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OF
THE DECEAST COLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE AND CONSENT
4. OF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMAN ON
THE OTHER PART IN MANNER FOLLOWING THAT IS TO SAY THE SAID COLL ROBERT
MACKENZIE AND MISS KATHERINE SUTHERLAND HAVING CONCURRED A MUTUAL
LOVE AND AFFECTION FOR ONE ANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT
OF EACH OTHER FOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGE THEM TO
SOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALL CONCONCIENT SPEED IN
CONTEMPLATION OF WHICH MARRIAGE THE SAID COLL ROBERT MCKINZIE HEREBY
BINDS AND OBLIGES HIM HIS HEIRS EXECUTERS AND SUCCESSORS TO CONTENT AND
PAY TO THE SAID MISS KATHERINE SUTHERLAND IN THE EVENTS OF HER SURVIVING
HIM AND INDEPENDENT OF THE ADDITION THERETO IN THE EVENT HEREIN AFTER
MENTIONED ALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDRED POUNDS
STERLING AND THAT AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS
BY EQUALL PORTIONS BEGINNING THE FIRST TERMS PAYMENT THEREOF THE FIRST
SUM OF WHITSUNDAY ON MARTINMAS AFTER HIS DECEASE FOR THE HALF YEAR
PRECEEDING AND SO ON HALF YEARLY DURING ALL THE DAYS OF HER LIFETIME
WITH A FIFTH PART MORE OF EACH TERM PAYMENT OF LIQUIDATE PENALTY
INCREASE OF HAILLE AND THE DUE AND ORDINARY ANNUAL RENT THEREOF
THEREAFTER DURING THE NOT PAYMENT AND FURTHER THE SAID COLL.ROBERT
BINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OF ONE CHILD MALE OR
FEMALE BEING PROCREATED OF THIS MARRIAGE BETWIXT HIM AND THE SAID MISS
KATHERINE SUTHERLAND TO CONTEND AND PAY TO SUCH CHILD THE SUM OF THREE
THOUSANT POUNDS STERLING TWO CHILDREN MALE OR FEMALE THE SUM OF TWO
THOUSANT POUNDS STERLING EACH AND IF THREE OR MORE CHILDREN THE SUM OF
SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TO RECEIVE OF THAT SUM OF
THREE THOUSAND POUNDS STERLING AND THE REMAINING THREE THOUSAND
POUNDS STERLING TO BE DIVIDED AMONGST THE YOUNGER CHILDREN IN SUCH
PROPORTIONS AS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAY THINK
PROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT AND AGAINST THE FIRST
TERM OF WHITSUNDAY OR MARTINMAS AFTER HIS DECEASE WITH A FIFTH PART
MORE OF EACH CHILD PROVISION OF LIQUIDATE PENALTY IN CASE OF HAILLE AND
THE DUE AND ORDINARY ANNUAL RENT THEREOF THEREAFTER DURINGTHE NOT
PAYMENT BUT DECLARING THAT INTHE EVENT OF THE SAID COLL ROBERT
MCKINZIES PREDECEASING THE SAID MISS KATHERINE SUTHERLAND AND THAT THE
DISSOLUTION THE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERE SHOULD BE
AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIME THEM THAT CASE THE
SAID COLL.ROBERT MCKINZIE PROVIDES HER IN AND SHE SHALL BE ENTITLED TO
RECEIVE AND IS HEREBY EMPOWERED TO DEMAND AND RECEIVE THE INTEREST OF
THE SAID SIX THOUSANT POUNDS STERLING PROVIDED TO THE CHILDREN OF THE
MARRIAGE IN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT IN THE EVENT
OF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIE BEFORE THE SAID MISS
KATHERINE SUTHERLAND AND THAT THERE SHOULD BE ONE OR MORE CHILDREN OF
THE MARRIAGE ENDING AT THE TIME AND THAT THERE SHOULD BE A DEFICIENCY IN
HIS FUNDS FOR ANSWERING THE theetone SEVERAL PROVISIONS IN THEIR FAVOUR
BEFORE MENTIONED AND PAYING THE SAID ANNUITY OF TWO HUNDRED POUNDS
STERLING TO THE SAID KATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY
SHALL IN THE MEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILL THE
DECEASED OF THE SAID MISS KATHERINE SUTHERLAND AND THAT IN EVERY EVENT
THE SUM OF FOUR THOUSAND POUNDS STERLING SHALL REMAIN CLEAR AND
UNTOUCHED FOR ANSWERING THE SAID ANNUITY DURING ALL THE DAYS OF HER
5. LIFETIME AND FOR THE FURTHER SECURITY OF THE SAID MISS KATHERINE
SUTHERLAND FOR PAYMENT OF THE SAID EVENTUALL ANNUITY AND FOR THE
PROVISIONS TO THE CHILDREN OF THE MARRIAGE BEFORE MENTION THE SAID COLL.
ROBERT MCKINZIE ASSIGNS AND CONVEYS AS MUCH OF THE SEVERALL SUMS OF
ANNUITY AFTER MENTIONED WITH THE SECURITIES THEREFORE AS WILL
COMPLETELY SATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVEN THOUSANT
EIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME IN THE EIGHTY PER CENT
EAST INDIA GOVERNMENT SECURITIES BY SEVERAL INVESTITURES THE FIRST DATED
THE 4TH DAY OF MAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREE AND
THE LAST DATED THE FIRST DAY OF NOVEMBER ONE THOUSANT EIGHT HUNDRED
YEAR ALL AS CONTAINED IN AN ACCOUNT CURRENT BETWIXT HIM AND MESSRS.
DOWNIE AND MAITLAND HIS AGENTS AT CALCUTTA DATED 31/12/1800 YEARS THE
FURTHER SUM OF TWENTY THOUSANT DIVA RUPEES VESTED BY HIM IN THE SAID
GOVERNMENT SECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIAL LOAN
OBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONE THOUSAND SEVEN
HUNDRED AND NINETY EIGHT AND ALSO STOCK TO THE AMOUNT OF EIGHT
THOUSANT ONE HUNDRED AND FORTY ONE POUNDS VESTED BY HIM IN THE THREE
PERCENT CONSOLIDATED FUNDS OF GREAT BRITAIN AND MANAGED ON HIS AMOUNT
BY MESSRS. THOMAS COUTTS AND CO BANKERS IN LONDON CONFORM TO THEIR
AMOUNT CURRENT WITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAY
LAST AND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THIS DATE AS RELATIVE
HERETO AND IN WHICH LAST SUM IS INCLUDED THE SUM OF SIX HUNDRED POUNDS
STERLING VESTED IN THE SAID FUNDS SINCE THAT PERIOD WITH POWER TO THE SAID
MISS KATHERINE SUTHERLAND IN THE EVENT OF HER SURVIVING THE SAID
AFFIDATE SPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THE SAID YEARLY
ANNUITY ACCEPTS AND DISCHARGES TO GRANT THEREFORE AND GENERALLY
EVERY OTHERTHING THEREANENT TO DO THAT HE COULD HAVE DONE HIMSELF
DURING HIS LIFETIME AND IF SHE SHALL JUDGE IT MORE EXPEDIENT THE SAID
COLL.ROBERT MCKINZIE BINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVEST
THE SAID SUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISH FUNDS IN HER
NAME TO---------------- THE SAID -------------- ANNUITY AND TO LAY OUT THE SAME OR
HERITABLE SECURITY AND TO TAKE THE SECURITY THEREFORE PAYABLE TO HER IN
LIFERENT DURING ALL THE DAYS OF HER LIFETIME AND TO THE CHILDREN OF THE
MARRIAGE IN THE EVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR IN PART
AS CIRCUMSTANCES MAY BE THEIR SAID PROVISION DECLARING ALSO THAT THE
CHILDREN TO BE PROCREATE OF THE MARRIAGE SHALL DURING THE LIFE OF THEIR
FATHER BE MAINTAINED AND EDUCATED SUITABLE O THEIR STATION BY HIM AND IN
THE EVENT OF HIS DECEASE PREVIOUS TO THEIR ARRIVING AT THE YEARS OF
MAJORITY THAT THEIR SAID MOTHER SHALL BE THEIR TUTORS AND CURATORS AND
SHALL UPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THE MONEYS BEFORE
PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THE AGE OF FIFTEEN YEARS IF MALE
CHILDREN ON THEIR MAJORITY AT MARRIAGE IF FEMALE IN LIEU OF THEIR
EDUCATION AND MAINTAINANCE AND FURTHER THE SAID COLL. ROBERT MCKINZIE
IN THE EVENT OF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIM ASSIGNS
CONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEES AS HER OWN
UNDOUBTED PROPERTY THE WHOLE HOSEHOLD FURNITURE AND PLENISHING OF
EVERY DENOMINATION BED AND TABLE LINEN ------- AND TABLE CHINA
SILVERPLATE AND IN GENERALL EVERY ARTICLE OF HOUSEHOLD OF FURNITURE
AND PLENISHING THAT SHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNION
6. BETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSING WITH THE GENERALITY
HEREOF AND ADMITTING THE SAME TO BE EQUALLY GOOD VALID AND SUFFICIENT
AS IF EVERY ARTICLE THEN BELONGING TO HIM WERE HEREIN PARTICULARY
INSERTED MOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBY RENOUNCES AND
GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORS ANY CLAIM OR TITLE HE MIGHT
HAVE JURE MARITE OR OTHERWAYS TO ANY MONEY MEANS OR EFFECTS PRESENTLY
BELONGING TO THE SAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAY
HEREAFTER HAVE RIGHT ANY MANNER OF WAY AND PARTICULARY WITHOUT
PREDUDICE TO THE GENERALITY FORESAID TO A BOND FOR FIVE HUNDRED POUNDS
STIRLING GRANTED TO HER BY SIR EWEN BAILLIE OF THE EAST INDIA COMPANY
SERVICE AND TO ANY CLAIM OF PROVISION MADE IN HER FAVOUR BY HEIRS AND
DECEASED FATHER DECLARING THE SAME HER OWN PROPERTY AND AS HER
DISPOSAL IN ANY MANNER SHE MAY THINK PROPER WITHOUT HIS CONCENT ARE
APPROBATION AND FURTHER THE SAID COLL.ROBERT MCKENZIE DISPONES CONVEYS
AND MAKES OVER FROM HIM HIS HEIRS AND SUCCESSORS TO AND IN FAVOUR OF THE
SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEES
WHOMSOEVER UNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEU DUTY
PAYABLE OUT THEREOF HERITABLE AND IRREDEEMABLE ALL AND HAILLE THAT
HOUSE LYING IN THE VILLAGE OF NEW TARBET CALLED MILMOUNT CALLED
MILLMOUNT WICH THE GARDEN BACK CLOSE AND WHOLE PARTS PENDICLES AND
PERTINENTS THERETO BELONGING BOUNDED ON THE WEST BY THE HIGH ROAD
LEADING THROUGH MILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THE
SAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HIS RIGHTS AND
INFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIR AND COUNTY OF
ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHT OF PROPERTY AND
POSSESSION WHICH HE CAN CLAIM OR PRETEND THERETO ANY MANNER OF WAY IN
WHICH HOUSE WITH THE GARDEN AND PERTINENTS BEFORE MENTIONED THE SAID
COLL.ROBERT MCKINZIE BIND AND OBLIGES HIM HIS HEIRS SUCCESSORS TO INFEFT
AND LEASE THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE
HERITABLE AND IRREDEEMABLE AND THAT BY RESIGNATION OR CONFIRMATION OR
BOTH THE ONE WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THE SAID
INFEFTMENT BY RESIGNATION HEREBY MAKES AND CONSTITUTES AND EACH OF
THEM CONLLIE AND SEALLIE HIS UNDOUBTED ---- AND COMMISSIONERS TO THE
OFFICE UNDER WRITEN GIVING GRANTING AND COMMITTING TO THEM FULL POWER
WARRANT AND COMMISSION FOR HIM AND IN HIS NAME TO COMPEAR HEREFOR HIS
IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTS OR THEIR COMMISSIONERS
HAVING POWER TO RECEIVE RESIGNATIONS AND TO GRANT NEW INFEFTEMENTS
THEREON AND THAT UPON THE GROUND THEREOF AT ANY TIME LAWFULL AND
CONVENIENT AND THEM AND THERE WITH ALL DUE REVERENCE AND HUMILITY AS
BECOMES PURELY AND SIMPLY BY STAFF AND BATTON AS USE IS TO RESIGN AND
SURRENDER LIKEAS THE SAID COLL. ROBERT MCKINZIE HEREBY RESIGNS
RENOUNCES SURRENDERS UP GIVES OVER GIVES AND DELIVERS ALL AND HAILLE
THE HOUSE GARDEN AND PERTINENTS CALLED MILLMOUNT LYING IN THE SAID
VILLAGE OF MILMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS
AFORESAID AS DESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSA OR AS
THE SAME ARE MORE PARTICULARY BOUNDED AND DESCRIBED IN HIS RIGHTS AND
INFEFTMENTS THEREOF INTO THE HANDS OF HIS IMMEDIATE LAWFULL SUPERIORS
THEREOF IN FAVOUR AND FOR NEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN
AND GRANTED TO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE IN
7. SUCH DUE AND COMPETENT FORM AS OFFERS ALL INSTRUMENTS AND DOCUMENTS
THEREAPON TO TAKE AND GENERALLY EVERY OTHERTHING THEREANNENT TO DO
WHICH HE COULD DO HIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBY
PROMISES TO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICH DISPOSITION
AND SUBJECTS THEREBY CONVEYED THE SAID COLL. ROBERT MCKINZIE BINDS AND
OBLIGES HIM HIS HEIRS AND SUCCESSORS TO WARRANT TO THE SAID MISS
KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE AND HER FORESAIDS AS ALL HANDS
AND AGAINST ALL DEADLY AS LAW WILL AND HEREBY MAKES AND CONSTITUTES
THE SAID MISS KATHERINE SUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS
AND ASSIGNEES NOT ONLY IN AND TO THE RENTS MAILLS AND DUTIES THEREOF IN
TIME COMING BUT ALSO IN AND TO THE TITLES WRITS AND EVIDENTS THEREOF
CONCEIVED INFAVOUR OF HIM HIS PREDECESSORS OR AUTHORS AND WHICH
ASSIGNATION ABOVE WRITEN HE HEREBY BINDS AND OBLIGES HIM AND HIS
FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FAR AS CONCERNS THE WRITS AND
EVIDENTS AS ALL HANDS AND AGAINST ALL DEADLY AS LAW WILL AND IN SO FAR
AS CONCERNS THE RENTS MAILLS AND DUTIES FROM HIS OWN PROPER FAILS AND
DEEDS ALL NAMELY AND IT IS HEREBY AGREED UPON BETWIX THE PARTIES THAT
EXECUTION SHALL PASS HEREON AT THE INSTANCE OF THE SAID CAPTAIN GEORGE
SACKVILLE SUTHERLAND ROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENT
AND COLL. ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE OR MORE OF THEM
OR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIE FOR IMPLEMENT AND
PERFORMANCE IN FAVOUYR OF THE SAID MISS KATHERINE SUTHERLAND AND THE
ISSUE OF THE SAID MARRIAGE OF THE PROVISION AND PRESTATIONS ABOVE WRITEN
CONCEIVED IN THEIR FAVOUR AND DECLARING THAT THE PRESENT MARRIAGE
SHOULD ABSOLVE ------- YEARS AND DAY FROM THE SOLEMNIZATION THEREOF
WITHOUT A LIVING CHILD BEING HEARD BUT YET THIS PRESENT CONTRACT SHALL
SUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THE SAID MISS KATHERINE
SUTHERLAND ANY LAW OR PRACTICE TO THE CONTRARY NOTWITHSTANDING AND
THEY CONSENT TO THE RESIGNATION HEREOF IN THE BOOKS OF COUNCIL AND
SESSION OTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND IF NEED
BE THAT ALL EXECUTION NECESSARY MAY PASS AND BE DIRECT HEREIN AS OFFERS
AND THERETO THEY CONSTITUTE THEIR PROCULATORS AND COMMISSIONERS ALL
TO THE EFFECT THE SAID MISS KATHERINE SUTHERLAND MAY BE INFEFT AND
LEASED IN THE SAID HOUSE GARDEN AND PERTINENTS THE SAID COLL.ROBERT
MCKINZIE HEREBY DESIRES AND REQUIRES YOU AND EACH OF YOU CONLLIE AND
SEALLIE HIS BAILLIES IN THAT PART HEREBY SPEEDILY CONSTITUTE THESE
PRESENTS -------- PASS TO THE SAID SUBJECTS AND THERE GIVE AND DELIVER TO THE
SAID MISS KATHERINE SUTHERLAND HERITABLE STATE AND SASINE REAL AND
ACTUALL AND CORPOREAL POSSESSION OF ALL AND HAILLE THE HOUSE GARDEN
AND PERTINENTS BEFORE DESCRIBED OR AS THE SAME ARE MORE PARTICULARY
DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELD AS
REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THE SAID VILLAGE OF
MILLMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS WITH THE
WHOLE PARTS PENDICLES AND PERTINENTS THERETO BELONGING AND THAT BY
DELIVERING TO THE SAID MISS KATHERINE SUTHERLAND OR HER ATTORNEY OR
ATTORNEYS WHOM NAME BEARER HEREOF
------------------------------------------------------------------------------------------------------ SYMBOLLS
USUALL AND NECESSARY BUT ALWAYS UNDER THE BURDEN OF THE FEU DUTY
PAYABLE OUT THEREOF AND THIS IN NOWAYS LEAVE UNDONE THE WHICH TO DO
8. THE SAID COLL. ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOU CONLLIE
AND SEALLIE AS SAID IS HIS FULL POWER BY THIS HIS PRECEPT OF SASINE DIRECTED
TO YOU FOR THAT EFFECT IN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBED
THESE PRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOF WROTE UPON THIS
AND THE SIX PRECEEDING PAGES OF PAPER DULY STAMPED WORDING TO LAW BY
THOMAS SUTER SHERIFF CLERK OF ROSS BRAILANGWELL THE FIFETEENTH DAY OF
AUGUST 1801 YEARS BEFORE THESE WITNESSES THE SAID COLL.ALEXANDER BAILLIE
OF KNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THE SAID THOMAS SUTER
WRITER HEREOF. ROBERT MCKINZIE KATHARINE SUTHERLAND GEORGE SACKVILLE
SUTHERLAND ALEXANDER BAILLIE WITNESS ALEXANDER BAILLIE HIS SON WITNESS
THOMAS SUTER WITNESS 1.GD305/1/133.NO17. 28/4/1860. SCOTTISH RECORD OFFICE
EDINBURGH ASSIGNATION BY THE TRUSTEES OF THE LATE JOHN BAIN IN FAVOUR OF
HIS GRACE THE DUKE OF SUTHERLAND A BOND BY THE LATE JOHN HAY MACKENZIE
AND MRS MARIA MURRAY HAY MACKENZIE HIS MOTHER FOR £3319. AT ST ANDREWS
FIFE SCOTLAND FULL DESCRIPTION OF ALEXANDER MACKENZIE OF ROYSTON
CROMARTY TARBET GRANDVILLE AND BANK OF SCOTLAND TRUSTEES.
2.GD305/1/133.NO8. 5/9/1851. SCOTTISH RECORD OFFICE EDINBURGH ASSIGNATION BY
SIR JAMES SUTHERLAND MACKENZIE BARONET BROTHER OF ALEXANDER
MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE TO JOSEPH FORBES ESQ.
3.GD305/1/133.NO6 2/9/1848 SCOTTISH RECORD OFFICE EDINBURGH RELIEF
ASSIGNATION BY SIR JAMES SUTHERLAND MACKENZIE IN FAVOUR OF MESS. GORDON
STUART AND CHEYNE EDINBURGH BROTHER OF ALEXANDER MACKENZIE OF
ROYSTON CROMARTY TARBET GRANDVILLE. 4.GD305/1/133.NO27. 8/10/1858 SCOTTISH
RECORD OFFICE EDINBURGH DISCHARGE BY MRS ANNE HAY MACKENZIE IN FAVOUR
OF THE MARCHIONESS OF STAFFORD AND HEIRS OF CROMARTY ROSSHIRE
SCOTLAND. 5.GD305/1/133.NO25. 1862. SCOTTISH RECORD OFFICE EDINBURGH
ASSIGNATION BY HIS GRACE THE DUKE AND EARL OF SUTHERLAND IN FAVOUR OF
HIS TRUSTEES. 6.RD5/645/54-72. 5/8/1840. SCOTTISH RECORD OFFICE EDINBURGH
DISPOSITION KATHERINE MACKENZIE TO JOHN HAY MACKENZIE AND KATHERINE
SPOUSE TO COLONEL ROBERT MACKENZIE H.E.I.C. PARENTS OF ALEXANDER
MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE. 7.GD305/1/117/462
19/2/1835. SCOTTISH RECORD OFFICE EDINBURGH JOHN HAY MACKENZIE OF
CROMARTY ONLY SON OF MARIA MURRAY HAY MACKENZIE AND INTERLOCTOR ON
THE ESTATE OF CROMARTY MENTION ALEXANDER MACKENZIE OF ROYSTON
CROMARTY TARBET GRANDVILLE. 8.RS75/7/62-63. SCOTTISH RECORD OFFICE
EDINBURGH DONALD MCLEOD OF GENIES AND LANDS EASTER KILMUIR ROSSHIRE
SCOTLAND MENTION TO KATHERINE SUTHERLAND OR MACKENZIE SPOUSE TO
COLONEL ROBERT MACKENZIE FATHER OF ALEXANDER MACKENZIE OF ROYSTON
CROMARTY TARBET GRANDVILLE. 9.RS42/53. 9/2/1816. SCOTTISH RECORD OFFICE
EDINBURGH ANDREW RUSSELL OF CRAWFORDJOHN. 10.RS27/404.47-59. 24/11/1795
SASINE.SCOTTISH RECORD OFFICE EDINBURGH DISPOSITION AND ASSIGNATION,
KENNETH MACKENZIE TO SIR JOHN STEWART EDINBURGH SCOTLAND. 11.SC34/1/7.
TAIN COURT. 17/8/1826. SCOTTISH RECORD OFFICE EDINBURGH THE SERVICE OF
ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE HIS
GENEALOGICAL TABLES AND DETAILED PEDIGREE. 12.RD15/1825. 11/6/1825. SCOTTISH
RECORD OFFICE EDINBURGH ALEXANDER MACKENZIE OF ROYSTON CROMARTY
TARBET GRANDVILLE BARONET. DETAILS OF PEDIGREE. 13.RS3/921.141-147. SASINE
18/12/1825. SCOTTISH RECORD OFFICE EDINBURGH DONALD MCLEOD ARMIGER TO
ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE LANDS
9. EASTER KILMUIR ROSSHIRE, SCOTLAND. 14.RD5/1167/145-162. 5/12/1862. SCOTTISH
RECORD OFFICE EDINBURGH TRUST DEED BY THE DUKE OF SUTHERLAND PROVISION
FOR FRANCIS SUTHERLAND LEVESON GOWER COMMONLY CALLED LORD MCLEOD
HIS SECOND SON SURVIVING. VARIOUS ENTAILS IN THE ESTATE OF CROMARTY ETC.
POLICIES OF INSURANCE WITH SCOTTISH LIFE ASSURANCE SOCIETY AND OTHERS
AND TRUSTEES APPOINTED TO THEM MENTION ALEXANDER MACKENZIE OF
ROYSTON CROMARTY TARBET GRANDVILLE. 15.RD5/647/362-381. SCOTTISH RECORD
OFFICE EDINBURGH MUTUAL DISCHARGE BETWEEN JAMES LAING AND MARIA
MURRAY HAY MACKENZIE AND DECREETS SET FORTH ALSO MENTION OF BRITISH
LINEN COMPANY. 16.CS236/1MN/M58/20. 1843. SCOTTISH RECORD OFFICE EDINBURGH
PETITION OF KATHERINE SUTHERLAND OR MACKENZIE RELICT OF COLONEL ROBERT
MACKENZIE H.E.I.C. TO THE LORDS OF COUNCIL AND SESSION FOR APPOINTMENT OF
CURATOR BONIS FOR HER SON JAMES SUTHERLAND MACKENZIE BROTHER TO
ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE.
17.CS232/M32/1. SCOTTISH RECORD OFFICE EDINBURGH SUMMONS MARIA MURRAY
HAY MACKENZIE OF CROMARTY WITH CONSENT OF DAVID WEYMSS WS HER
TRUSTEE AGAINST JANE COCKBURN ROSS ENTAIL OF LANDS SHANDWICK. 18.DIGEST
OF TALZIES 27/6/1786. 4/7/1694. SCOTTISH RECORD OFFICE EDINBURGH LANDS ROSS
CROMARTY. 19.CS31/5/1-8. 11/3/1812. SCOTTISH RECORD OFFICE EDINBURGH DECREET
ABSOLVITOR THOMAS ROSS AND OTHERS AGAINST MRS MARIA MURRAY HAY
MACKENZIE AND HUSBAND. 20.RD15/BOX 430. 5/8/1851. SCOTTISH RECORD OFFICE
EDINBURGH CONTRACT OF SALE BETWEEN JAMES SUTHERLAND MACKENZIE
BARONET AND EDWARD SUTHERLAND 12/10/1850. JAMES BROTHER TO ALEXANDER
MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE. 21.RS3/1252. SASINE
21/1/1823. SCOTTISH RECORD OFFICE EDINBURGH COLONEL PATRIC BRUCE H.E.I.C.
AND TRUSTEES AND SURVIVORS OF ALEXANDER MACKENZIE OF ROYSTON
CROMARTY TARBET GRANDVILLE. 22.SC34/1/7. 1826. SCOTTISH RECORD OFFICE
EDINBURGH COURT OF SESSION PROCESSES AT TAIN GROUND DISPUTES KILMUIR
EASTER ROSSHIRE SCOTLAND. 23.RD5/404. 28/1/1830. SCOTTISH RECORD OFFICE
EDINBURGH PROBATE DISCHARGE, AGENTS WALKER RICHARDSON AND MELVILLE
AND DAVID WEMYSS TERM OF CONTRACTS. 24.CS228/MC6/19. SCOTTISH RECORD
OFFICE EDINBURGH ANSWERS FOR SIR CHARLES ROSS BARONET AND OTHERS TO THE
PETITIONER OF KENNETH MCKENZIE OF CROMARTY. 25.CS32/5/20. 1805. SCOTTISH
RECORD OFFICE EDINBURGH REPRESENTATION FOR THOMAS ROSS AND OTHERS.
26.CS21. 21/11/1805. SCOTTISH RECORD OFFICE EDINBURGH SUMMONS AND PREF.
TITLES. MCLEOD AND HUSBAND VERSES HAY MACKENZIE AND HUSBAND.
27.CS46/1851/7/24. SCOTTISH RECORD OFFICE EDINBURGH ROLL OF PROCESS IN
DECLARATION. MACKENZIE VERSES SUTHERLAND. 28.CS46/1851/7/24. 1850 SCOTTISH
RECORD OFFICE EDINBURGH ANSWERS FOR JAMES SUTHERLAND MACKENZIE
BARONET TO THE NOTE OF SUSPENSION FOR EDWARD SUTHERLAND JAMES BROTHER
YOUNGER OF ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET
GRANDVILLE. 29.CS46/1851/7/24. 1850. SCOTTISH RECORD OFFICE EDINBURGH
INVENTORY IN PROCESS OF DECLARATION JAMES SUTHERLAND MACKENZIE
BARONET BROTHER OF DECEASED ALEXANDER MACKENZIE OF ROYSTON
CROMARTY TARBET GRANDVILLE AGAINST EDWARD SUTHERLAND AND OTHERS.
30.CS46/1851/7/24. 27/12/1850. SCOTTISH RECORD OFFICE EDINBURGH BILL OF
SUSPENSION FROM EDWARD SUTHERLAND AND MANDATORY AGAINST JAMES
SUTHERLAND MACKENZIE OF TARBET BROTHER OF ALEXANDER MACKENZIE OF
ROYSTON CROMARTY TARBET GRANDVILLE. 31.CS46/1851/7/24. SCOTTISH RECORD
10. OFFICE EDINBURGH INTERLOCTOR SHEET WITH NOTE OF SUSPENSION FOR EDWARD
SUTHERLAND AND MANDATORY AGAINST JAMES SUTHERLAND MACKENZIE
BARONET. 32.CS46/1851/7/24. SCOTTISH RECORD OFFICE EDINBURGH DEFENCES FOR
CAPTAIN EDWARD SUTHERLAND IN DECLARATOR. SUTHERLAND VERSES
SUTHERLAND. 33.CS46/1851/7/24. SCOTTISH RECORD OFFICE EDINBURGH DEFENCES
EDWARD SUTHERLAND TO SUMMONS OF DECLARATOR 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 OFFICE EDINBURGH JOHN
MACKENZIE RESIDING AT OCHTO, ROYSTONE MACKENZIE RESIDING AT BARRA ISLE
OF SKYE, KENNETH MACKENZIE AND WILLIAM MACKENZIE HIS SONS ALL HEIRS OF
ENTAIL OF ROYSTON EDINBURGH SCOTLAND. DEFENDERS TO THE SUMMONS OF
DECLARATOR AGAINST THEM AND OTHERS AT THE INSTANCE OF JAMES
SUTHERLAND MACKENZIE OF TARBET BARONET BROTHER TO ALEXANDER
MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE. 35.CS239/1SK/M78/7.
30/10/1855. SCOTTISH RECORD OFFICE EDINBURGH SUMMONS OF DAMAGES JAMES
SUTHERLAND MACKENZIE BARONET AGAINST THE MARQUIS OF STAFFORD,
ALEXANDER MACKENZIE OF ROYSTON CROMARTY MENTIONED. 36.CS239/1SK/M78/7.
18/11/1855. SCOTTISH RECORD OFFICE EDINBURGH INVENTORY OF PROCESS OF
DAMAGES JAMES SUTHERLAND MACKENZIE BARONET AGAINST MARQUIS OF
STAFFORD. 37.CS233/M41/5. 1807-1817. SCOTTISH RECORD OFFICE EDINBURGH
INVENTORY OF PROCESS MARIA MURRAY HAY MACKENZIE OF CROMARTY
DEFENDER PURSUER ACTIONS COURT SESSION. 38.RD4/292/834-839. 6/12/1810. SCOTTISH
RECORD OFFICE EDINBURGH DISCHARGE KATHERINE SUTHERLAND TO THE
TRUSTEES AND REPRESENTATIVES OF DAVID ROSS AND KATHERINE SPOUSE TO
COLONEL ROBERT MACKENZIE H.E.I.C. 39.RD5/470/534-542. 19/11/1832. SCOTTISH
RECORD OFFICE EDINBURGH TACK BY MARIA MURRAY HAY MACKENZIE ENTAILED
LANDS AND BARONY OF STRATHPEFFER ROSSHIRE SCOTLAND. 40.CS228/F7/11.
14/1/1802. SCOTTISH RECORD OFFICE EDINBURGH DEFENCES FOR COLONEL ROBERT
MACKENZIE H.E.I.C. 41.RH15/76/12. 26/11/1813. SCOTTISH RECORD OFFICE EDINBURGH
HIS MAJESTIES ADVOCATE ON BEHALF OF HIS MAJESTY AGAINST MRS HAY
MACKENZIE OF CROMARTY AND HER HUSBAND RELATIVE TO THE CROMARTY
PATRONAGES ADDITIONAL OBSERVATIONS UPON THE SUBJECT MATTER OF WHAT
PASSED BEFORE THE HOUSE OF LORDS ON 26/11/1813 AT THE HEARING OF THE
APPEAL. 42.CS237/MC10/80. BOX 424. 1807. SCOTTISH RECORD OFFICE EDINBURGH
INVENTORY OF THE PROCESS ON PASSIVE TITLES, MACKENZIE AGAINST PETLEY
MCLEOD THE ESTATE OF CROMARTY. 43.RD5/169/361-376. 29/11/1819. SCOTTISH RECORD
OFFICE EDINBURGH EARL OF CROMARTY, GEORGE AND VARIOUS TITLES.
44.CC8/17/55/121-124. 4/12/1801. SCOTTISH RECORD OFFICE EDINBURGH DISPOSITION
LADY JANE MACKENZIE TO LADY ISOBEL MACKENZIE HEIRS OF ESTATE IN
CROMARTY ROSSHIRE SCOTLAND. 45.RS3/1262260-264. SASINE. SCOTTISH RECORD
OFFICE EDINBURGH DISPOSITION ROBERT SUTHERLAND AND KATHERINE
SUTHERLAND OR MACKENZIE RELICT OF THE DECEASED COLONEL ROBERT
MACKENZIE H.E.I.C. PARENTS OF ALEXANDER MACKENZIE OF ROYSTON CROMARTY
TARBET GRANDVILLE, SCOTLAND. 46.CS237/MC10/80. 13/12/1806. SCOTTISH RECORD
OFFICE EDINBURGH DISPOSITION MARIA MURRAY HAY MACKENZIE OF CROMARTY
TO FAMILY HEIRS. 47.RD5/145/31-47. 2/11/1818. SCOTTISH RECORD OFFICE EDINBURGH
DISPOSITION MRS HAY MACKENZIE OF CROMARTY AND FAMILY HEIRS TO ESTATES
ROSSHIRE. 48.RD5/905/37-40. 9/6/1852. SCOTTISH RECORD OFFICE EDINBURGH BOND
KATHERINE SUTHERLAND OR MACKENZIE RELICT OF COLONEL ROBERT MACKENZIE
11. IN FAVOUR OF WILLIAM MACKENZIE. ROBERT MOTHER OF ALEXANDER MACKENZIE
OF ROYSTON. 49.GD305/1/133/N018. 7/5/1860 SCOTTISH RECORD OFFICE EDINBURGH
ASSIGNATION BY LORD AND LADY GLASGOW TO DUKE AND EARL OF SUTHERLAND.
50.RD5/169/321-340. 27.11.1819. SCOTTISH RECORD OFFICE EDINBURGH TRUST
DISPOSITION MRS MARIA HAY MACKENZIE TO CHARLES SELKRIG AND MILLTOWN
TRUSTEES KILMUIR EASTER SCOTLAND. 51.RH8/1100. 1726 SASINE. SCOTTISH RECORD
OFFICE EDINBURGH JOHN MACKENZIE OF ARDLOCH GRANDFATHER OF COLONEL
ROBERT MACKENZIE H.E.I.C. FATHER OF ALEXANDER MACKENZIE OF ROYSTON
ENTAILED LANDS. 52.RH15/76/12. 1809. SCOTTISH RECORD OFFICE EDINBURGH HOUSE
OF LORDS CASE OF MARIA MURRAY HAY MACKENZIE THE ESTATES OF ROSSHIRE.
53.CS228/F7/11. 12/12/1801 SCOTTISH RECORD OFFICE EDINBURGH SUMMONS FRASER
AGAINST MACKENZIE. CHARLES FRASER OF WILLIAMSTON RESIDING LEITH WALK
EDINBURGH SCOTLAND AGAINST COLONEL ROBERT MACKENZIE H.E.I.C. A LIBEL
SUIT. 54.RD2/241/1/245-264. 21/7/1786. SCOTTISH RECORD OFFICE EDINBURGH KENNETH
MACKENZIE AND BARONIES IN ROSSHIRE SCOTLAND. 55.RD5/382/180-190. 12/3/1829.
SCOTTISH RECORD OFFICE EDINBURGH DISPOSITION ROBERT SUTHERLAND TO
TRUSTEES AND OF THE ISLAND OF ST VINCENT WEST INDIES AND OF MILLMOUNT
EASTER KILMUIR ROSSHIRE. 56.CS237/MC10/80. BOX424. SCOTTISH RECORD OFFICE
EDINBURGH SUMMONS THE ROYSTON ESTATE TITLES EDINBURGH SCOTLAND.
MACKENZIE AGAINST PETLY MCLEOD. 57.RD5/599/448-670. 26/6/1838. SCOTTISH RECORD
OFFICE EDINBURGH DISPOSITION JOHN HAY MACKENZIE TO MARIA MURRAY HAY
MACKENZIE AND TRUSTEES SIR DAVID HUNTER BLAIR, SIR FRANCIS WALKER
DRUMMOND AND JOHN BUCKLE LANDS ROSSHIRE. 58.RD15/1825. 11/6/1825. SCOTTISH
RECORD OFFICE EDINBURGH FACTORY AND COMMISSION ALEXANDER MACKENZIE
OF ROYSTON CROMARTY TARBET GRANDVILLE IN FAVOUR OF JOSEPH GORDON AND
ALEXANDER STUART. 59.CS232/1DR/M89/15. 27/2/1849. SCOTTISH RECORD OFFICE
EDINBURGH PETITION OF JOHN HAY MACKENZIE OF CROMARTY WITH LINE OF
DESCENT THE ESTATES BELONGING TO ALEXANDER MACKENZIE OF ROYSTON
CROMARTY TARBET GRANDVILLE. 60.RS3/962.83-91. 19/7/1811. SCOTTISH RECORD
OFFICE EDINBURGH ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET
GRANDVILLE SASINE MENTIONED IN A DECREET TO HIM FROM DANIEL HAMILTON OF
GILKERSCLEUGH AND SUMS OF MONEY IN SECURITY OVER THE LANDS OF
CROMARTY ROSSHIRE. 61.SC34/1/7. 12/7/1826. SCOTTISH RECORD OFFICE EDINBURGH
ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE RECEIVES
SERVICE OF HEIR AND LISTS PEDIGREE DETAILS. 62.CHANCERY RECORDS. ORIGINAL
RETOURS.ALEXANDER MACKENZIE OF ROYSTON. C.24. JANUARY 11 1781. NO.4
ALEXANDER MACKENZIE C.24.92 FEBRUARY 1798. NO.6 ALEXANDER MACKENZIE
C.24.103 DECEMBER 16 1809. NO.33 ALEXANDER MACKENZIE C.24.120 SEPTEMBER 20
1826. NO.30 ALEXANDER MACKENZIE C.24.135 1841. NO. ALEXANDER MACKENZIE
C.24.141 OCTOBER 08 1847. NO.9 JAMES SUTHERLAND MACKENZIE C.24 FROM THE
SCOTTISH RECORD OFFICE, EDINBURGH SCOTLAND. 63.RS3/920/83-93. SASINE
SCOTTISH RECORD OFFICE. AT EDINBURGH 15/5/1812 TUTORS OF ALEXANDER
MACKENZIE OF ROYSTON CROMARTY GRANDVILLE TARBET AND MENTION OF
MCLEOD AND LAND ARDBOL ROSSHIRE SCOTLAND. 64.SIGNET LIBRARY PAPERS
EDINBURGH SCOTLAND. SIGNET PAPER LIB.255/11.ENTRY NO 14. 13/6/1811. ALEXANDER
MACKENZIE OF ROYSTON PETITION TO COURT OF SESSION SON OF COLONEL ROBERT
MACKENZIE H.E.I.C. 65.RS/2788.3-5. 23/5/1856. SCOTTISH RECORD OFFICE EDINBURGH
SASINE ON BEHALF OF WILLIAM FRASER OF CULBOCKIE CAPTAIN IN THE 76TH
REGIMENT INVERNESS CHARTER OF SALE UNDER GREAT SEAL LANDS 80 MERKS
12. TROTTERNISH KILMUIR WESTER ISLAND OF SKYE. 66.RS38/17.6210. 23/12/1803 SCOTTISH
RECORD OFFICE EDINBURGH SASINE IN FAVOUR OF ELIZABETH BAILLIE IN LIFERENT
AND MRS KATHERINE SUTHERLAND OR MACKENZIE SPOUSE OF COLONEL ROBERT
MACKENZIE. 67.CS21.NOVEMBER.21/1805. SCOTTISH RECORD OFFICE EDINBURGH
MEMORIAL FOR MARIA MURRAY HAY MACKENZIE OF CROMARTY AND MISS
ISABELLA MURRAY HER SISTER GERMAN AND EDWARD HAY MACKENZIE OF
NEWHALL HUSBAND OF THE SAID MRS MARIA MURRAY HAY MACKENZIE DEFENDERS
AGAINST MRS JANE PETLEY WIFE OF DONALD MCLEOD OF GEANIES AND HER SAID
HUSBAND FOR HIS INTEREST, PURSUERS. 68.CS46/1851/7/24. 1857 SCOTTISH RECORD
OFFICE EDINBURGH MINUTES FOR EDWARD SUTHERLAND AND OTHERS DEFENDERS
AGAINST SIR JAMES SUTHERLAND MACKENZIE OF TARBAT AND ROYSTON BROTHER
OF ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET GRANDVILLE. 69.CS46/
JULY/10-27/1851. SCOTTISH RECORD OFFICE EDINBURGH INTERLOCTOR SHEET WITH
NOTE OF SUSPENSION FOR EDWARD SUTHERLAND AND MANDATORY AGAINST JAMES
SUTHERLAND MACKENZIE OF TARBAT AND ROYSTON BARONET.
70.CS46/JULY/10-27/1851. SCOTTISH RECORD OFFICE EDINBURGH INTERLOCTOR IN THE
COURT OF SESSION A PROCESS OF DECLARATOR SIR JAMES SUTHERLAND
MACKENZIE BARONET AGAINST EDWARD SUTHERLAND. 71.CS46/JULY/10-27/1851.
SCOTTISH RECORD OFFICE EDINBURGH SUMMONS OF DECLARATOR SIR JAMES
SUTHERLAND MACKENZIE OF TARBAT AND ROYSTON AGAINST EDWARD
SUTHERLAND. 72.CS46/JULY/24/1851. INVENTORY OF PRODUCTION BY PURSUER IN
DECLARATION SIR JAMES SUTHERLAND MACKENZIE PURSUER AGAINST EDWARD
SUTHERLAND DEFENDER. 73.CS46/JULY/24/1851. SCOTTISH RECORD OFFICE
EDINBURGH INVENTORY OF ADDITIONAL PRODUCTIONS FOR PURSUER IN
DECLARATION SIR JAMES SUTHERLAND MACKENZIE OF TARBAT AND ROYSTON
AGAINST EDWARD SUTHERLAND. 74.SC34/4/50. 7/8/1826. SCOTTISH RECORD OFFICE
EDINBURGH CLAIM FOR ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBAT
GRANDVILLE. 75.CS238/1SK/M78/7. 1855 SCOTTISH RECORD OFFICE EDINBURGH
INVENTORY OF PROCESS OF DAMAGES JAMES SUTHERLAND MACKENZIE OF TARBAT
AND ROYSTON AGAINST THE MARQUIS OF STAFFORD. 76.GD305/1/117/451.14. SCOTTISH
RECORD OFFICE EDINBURGH A REFERENCE TO COLONEL ROBERT MACKENZIE AND
ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBAT AND GRANDVILLE
INTERLOCTORS IN THE ENTAILED ESTATE OF ROYSTON BY INVESTMENT OF THE SUM
£4,81317.09 AND OBTAINING A SECURITY LORD BALMUTO PRONOUNCING FINAL
INTERLOCTOR. 77.GD305/1/117/451.13. SCOTTISH RECORD OFFICE EDINBURGH BOND
OVER THE LANDS GILKERSCLEUGH LANARK SCOTLAND AND REFERENCE TO
£1494.17.04. AND INFEFTMENT OVER THESE LANDS. 78.GD305/1/117/451.12. SCOTTISH
RECORD OFFICE EDINBURGH ALEXANDER MACKENZIE OF ROYSTON CROMARTY
TARBAT GRANDVILLE EXPEDITES A SERVICE TO HIS FATHER COLONEL ROBERT
MACKENZIE OF MILLMOUNT KILMUIR EASTER ROSS. 79.GD305/1/117/451/362. 3/12/1798.
SCOTTISH RECORD OFFICE EDINBURGH LIEUTENANT COLONEL ROBERT MACKENZIE
H.E.I.C. PAYING BACK £4,813.17.09 BEING THE BALANCE ON THE ROYSTON ESTATE.
80.GD305/1/117/451.11. SCOTTISH RECORD OFFICE EDINBURGH A DEED SETTLEMENT IN
FAVOUR OF KENNETH MACKENZIE FROM LORD MCLEOD KNOWN AS JOHN MCLEOD
SON OF THIRD EARL OF CROMARTY LORD MCLEOD BORN 1727, MARRIED 4/6/1786,
DIED 2/4/1789 DSP. 81.GD305/1/117/451/17. SCOTTISH RECORD OFFICE EDINBURGH THE
MARRIAGE OF COLONEL ROBERT MACKENZIE H.E.I.C. AT BRAILANGWELL SCOTLAND
15/8/1801 TO KATHARINE SUTHERLAND OF GOLSPIE DESCENDED FROM THE KINSTARIE
SUTHERLANDS REFERENCE TO. 82.RD5/885/564. 5/8/1851 SCOTTISH RECORD OFFICE
13. EDINBURGH ALEXANDER MACKENZIE OF ROYSTON AND DECREET BY GEORGE
GRAHAM BELL. 83.RD5/875/682. SCOTTISH RECORD OFFICE EDINBURGH ALEXANDER
MACKENZIE OF ROYSTON REFERENCE. 83.GD305/1/133.NO6. 1850 SCOTTISH RECORD
OFFICE EDINBURGH ASSIGNATION BY JAMES SUTHERLAND MACKENZIE BARONET TO
JOSEPH W. FORBES A BOND DATED 19/2 AND 18/3/1835 GRANTED BY JOHN H.
MACKENZIE OF CROMARTY SON OF MRS MARIA MURRAY HAY MACKENZIE AND TO
THE DECEASED ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBAT
GRANDVILLE MENTION OF A BILL DATED 12/5/1847 BOOKS OF COUNCIL AND SESSION.
84.GD305/1/117/453. SCOTTISH RECORD OFFICE EDINBURGH DECREE OF DECLARATION
OF COURT OF SESSION EDINBURGH. MACKENZIE AGAINST MACKENZIE.
85.GD305/1/62/2 SCOTTISH RECORD OFFICE EDINBURGH INSTRUMENT OF SASINE
PROCEEDING APON A PRECEPT IN THE FOREGOING CHARTER IN FAVOUR OF THE SAID
KATHARINE SUTHERLAND OR MACKENZIE OF THE SAID TENEMENT MILLMOUNT
KILMUIR-EASTER ROSS AND RECORDED SASINE EDINBURGH 5/8/1840. 86.GD305/1/62/3.
SCOTTISH RECORD OFFICE EDINBURGH EXTRACT DISPOSITION BY KATHERINE
MACKENZIE IN FAVOUR OF CROMARTY AND HIS HEIRS THE TENEMENT MILLMOUNT
KILMUIR EASTER ROSS, DATED 10/7/1840. AND REGISTERED BOOKS COUNCIL SESSION
5/8/1840 AND REFERENCE IN DEED RD5/645/63. 87.GD305/1/62/4. SCOTTISH RECORD
OFFICE EDINBURGH SASINE IN FAVOUR OF JOHN H. MACKENZIE THE HOUSE
MILLMOUNT RECORDED GENERAL REGISTER OF SASINES RS3/2042/21. BY KATHERINE
MACKENZIE. 88.GD305/1/62/7. SCOTTISH RECORD OFFICE EDINBURGH RENUNCIATION
BY HENRY CHEYNE WS IN FAVOUR OF THE FORESAID KATHERINE MACKENZIE OF
MILLMOUNT DISPOSITION GRANTED BY HER TO HIM IN SECURITY FOR £1350 FOR
MILLMOUNT HOUSE DATED 28/6/ AND RECORDED GENERAL REGISTER OF SASINES
EDINBURGH 20/7/1840 AND REFERENCE IN RS3/2040.113. 89.GD305/1/62/6. SCOTTISH
RECORD OFFICE EDINBURGH RENUNCIATION BY ALEXANDER STEWART IN FAVOUR
OF JOSEPH GORDON FACTOR FOR DECEASED ROBERT SUTHERLAND. A BOND IN
SECURITY DATED 19/7/1826. RECORDED EDINBURGH 8/5/1840. 90.GD305/1/132/8.
SCOTTISH RECORD OFFICE EDINBURGH EXTRACT OF RETOUR OF THE SERVICE OF
JAMES SUTHERLAND MACKENZIE BARONET AS HEIR IN GENERAL TO ALEXANDER
MACKENZIE OF ROYSTON CROMARTY TARBAT GRANDVILLE THE LANDS OF ROYSTON
DATED 17/9/1841. 91.RD5/645/63. 10/7/1840. SCOTTISH RECORD OFFICE EDINBURGH
CHARTER OF CONFIRMATION AND NOVADAMUS 4/7/1840 JOHN HAY MACKENZIE AND
DISPOSITION BY KATHERINE MACKENZIE RELICT OF COLONEL ROBERT MACKENZIE.
92.RS3/3188. 1/12/1835 SCOTTISH RECORD OFFICE EDINBURGH DECREET OF SPECIAL
SERVICE ENTAILS. 93.GD305/1/117/452.260. SCOTTISH RECORD OFFICE EDINBURGH
MARIA MURRAY HAY MACKENZIE OF CROMARTY IN FAVOUR OF ALEXANDER
MACKENZIE OF ROYSTON EDINBURGH DATED 19/2 AND 18/3/1835.
94.GD305/1/117/451/260. SCOTTISH RECORD OFFICE EDINBURGH BOND OF
CORROBERATION BY MARIA MURRAY HAY MACKENZIE OF CROMARTY THE
SUCCEEDING HEIRS OF ENTAIL TO INFEFT ALEXANDER MACKENZIE OF ROYSTON
CROMARTY TARBET GRANDVILLE SON OF COLONEL ROBERT MACKENZIE.
95.GD305/1/61/12. SCOTTISH RECORD OFFICE EDINBURGH INFEFTMENT OF SASINE
PROCEEDING APON A PRECEPT IN FAVOUR OF KATHERINE MACKENZIE OF THE SAID
TENEMENT AT MILMOUNT DATED 30/1/1830 RECORDED GENERAL SASINES
EDINBURGH 16/2/1830 AND AT REFERENCE RS3/1578/3 BY HENRY CHEYNE.
96.GD305/1/61/8. SCOTTISH RECORD OFFICE EDINBURGH INSTRUMENT OF SASINE
PROCEEDING APON A PRECEPT OF SASINE IN FAVOUR OF THE SAID ROBERT
SUTHERLAND OF THE HOUSE AND GROUND MILLMOUNT DATED 24/12/1822 RECORDED
14. SASINES EDINBURGH 21/1/1823 AND IN REFERENCE SASINE RS3/1262/260.
97.GD305/1/61/11. SCOTTISH RECORD OFFICE EDINBURGH DISPOSITION AND
ASSIGNATION BY JOSEPH GORDON EXECUTERS IN SCOTLAND OF THE SAID ROBERT
SUTHERLAND OF MILLMOUNT IN FAVOUR OF KATHERINE MACKENZIE WIDOW OF
COLONEL ROBERT MACKENZIE H.E.I.C. AND HEIRS OF THE SAID TENEMENT DATED
21/1/1830. REGISTERED IN BOOKS COUNCIL SESSION 12/3/1824. 98.GD305/1/167/190.
SCOTTISH RECORD OFFICE EDINBURGH TITLES TO THE CROMARTY ESTATE 1825 AND
A RECORDING BOOKS COUNCIL SESSION ISABELL MURRAY 2/11/1818. 99.GD305/1/128/17.
SCOTTISH RECORD OFFICE EDINBURGH MARRIAGE CONTRACT OF COLONEL ROBERT
MACKENZIE AND KATHERINE SUTHERLAND DAUGHTER OF COLONEL JAMES
SUTHERLAND OF UPPAT. 100.RD3/329. 31/7/1809 SCOTTISH RECORD OFFICE EDINBURGH
MARRIAGE CONTRACT RELATING COLONEL ROBERT MACKENZIE H.E.I.C. NATURAL
CHILDREN OUT OF WEDLOCK. ROBERT MACKENZIE H.E.I.C. LIEUTENANT MAHRATTA
COMPANY MURDOCK MACKENZIE SON OF KATHERINE MCLEOD HUME MACKENZIE
H.E.I.C. LIEUTENANT MADRAS COMPANY FRANCIS MACKENZIE NOW GUNN ROBERTS
DAUGHTER. MARIA MACKENZIE NOW MACALAY ROBERET DAUGHTER.
101.RD13/149/662. 31/7/1809 SCOTTISH RECORD OFFICE EDINBURGH WARRANT OF THE
DEED RD3/329. COLONEL ROBERT MACKENZIE. 102.GD305/1/167/187. SCOTTISH RECORD
OFFICE EDINBURGH LETTER BY CAPTAIN ROBERT MACKENZIE TO ALEXANDER
DUNCAN REGISTERED 26/3/1803 EDINBURGH A PROBATE WRIT. 103.GD305/1/167/186-196.
SCOTTISH RECORD OFFICE EDINBURGH POLICIES OF INSURANCE BY LADY ISOBELL
MACKENZIE 19/10/1801. 104.GD305/1/159/102. SCOTTISH RECORD OFFICE EDINBURGH
MEMORIALS AND QUERIES ON THE SETTLEMENT OF KENNETH MACKENZIE OF
CROMARTY TO PROOF HEIRSHIP TO ESTATES AND SUCCESSION OF ROYSTON.
105.GD305/1/60/7. SCOTTISH RECORD OFFICE EDINBURGH RETOUR OF SERVICE OF
MARIA MURRAY HAY MACKENZIE 8/3/1802. 106.GD305/1/154/106. SCOTTISH RECORD
OFFICE EDINBURGH MEMORIALS BY LADY ISABELL MACKENZIE NOVEMBER 1801
ROYSTON. 107.RS38/17/212. SCOTTISH RECORD OFFICE EDINBURGH MRS KATHERINE
SUTHERLAND OR MACKENZIE A LIFERENT FROM ELIZABETH BAILLIE.
108.GD305/1/163/184. SCOTTISH RECORD OFFICE EDINBURGH CROMARTY FAMILY
ENTAILS AND LANDS ROSSHIRE WITH DETAILED LISTS OF HEIRSHIPS.
109.GD305/1/117/450/259. SCOTTISH RECORD OFFICE EDINBURGH COPY OF THE
SUMMONS AT THE INSTANCE OF COLONEL ROBERT MACKENZIE H.E.I.C. GREAT-
GRANDSON OF ALEXANDER MACKENZIE OF ARDLOCH ONLY BROTHER GERMAN TO
GEORGE VISCOUNT TARBAT AGAINST JANE PETLEY WIDOW OF KENNETH MACKENZIE
OF CROMARTY AS EXECUTERS OTHERWISE REPRESENTING HIM TO THE SAID
COLONEL ROBERT MACKENZIE AS HEIR MALE TRUSTEE OF THE SAID KENNETH
MACKENZIE DATED AND SIGNED EDINBURGH 17/4/1801. SASINE PR 404/47 ENTRY NO.
6338. 110.GR902/83. 19/7/1811 SCOTTISH RECORD OFFICE EDINBURGH ALEXANDER
MACKENZIE OF ROYSTON CROMARTY TARBAT GRANDVILLE REFERENCES TO THE
ROYSTON ESTATE. 111.RD5/1167.145. SCOTTISH RECORD OFFICE EDINBURGH A BOND
OF SECURITY AND DISPOSITION IN SECURITY AND POLICIES OF INSURANCE
10/14/11/1835 BY MRS MARIA MURRAY HAY MACKENZIE TO THE TRUSTEES OF THE
SCOTTISH LIFE ASSURANCE SOCIETY FOR £15,000 OF THE ESTATES OF CROMARTY
AND A BOND DATED 9/1/1851. 112.GD305/1/128/333. SCOTTISH RECORD OFFICE
EDINBURGH COLONEL ROBERT MACKENZIE H.E.I.C. MARRIAGE CONTRACT ENTRY NO
7. AND SEVERAL INVESTITURES DATED 4/5/1793, 1/11/1800 ALL IN AN ACCOUNT
BETWEEN COLONEL ROBERT MACKENZIE AND MESSRS. DOWNIE & MAITLAND HIS
AGENTS IN CALCUTTA DATED 31/12/1800 AND 20,000 RUPEES INVESTED BY HIM IN THE
15. SAID GOVERNMENT SECURITIES BEING NUMBER 48 OF THE DECENNIAL LOAN
OBLIGATION DATED 16.11.1798. 113.GD305/1/153/359/362. SCOTTISH RECORD OFFICE
EDINBURGH DISCHARGE BY KENNETH MACKENZIE OF LEDBEG FACTOR TO COLONEL
ROBERT MACKENZIE H.E.I.C. TO DOWAGER LADY ELIBANK ON THE ROYSTON ESTATE
DATED 15/4/1799. 114.GD305/1/61/5. SCOTTISH RECORD OFFICE EDINBURGH ROBERT
MACKENZIE OF SCOTSBURN TO COLONEL ROBERT MACKENZIE OF H.E.I.C. FATHER OF
ALEXANDER MACKENZIE OF ROYSTON ALSO H.E.I.C. 115.RD4/223/2. 24/6/1778. SCOTTISH
RECORD OFFICE EDINBURGH CONTRACT OF MARRIAGE ALEXANDER MACKENZIE OF
ARDLOCH AND MISS MARGARET SUTHERLAND ALEXANDER MACKEZIE 111 OF
ARDLOCH FATHER OF COLONEL ROBERT MACKENZIE OF MILLMOUNT ROSSHIRE.
116.C22/125/205 17/8/1826 SCOTTISH RECORD OFFICE EDINBURGH RECORD OF RETOURS,
GENEALOGICAL ACCOUNT OF THE ARDLOCH HEIR MALE LINE OF TALZIES, AND
CROMARTY ESTATES. 117.RD5/014/297. 24/7/1812 SCOTTISH RECORD OFFICE
EDINBURGH JOSEPH GORDON TO MARCHIONESS OF STAFFORD. 118.RD5/21/273
7/12/1812 SCOTTISH RECORD OFFICE EDINBURGH ST VINCENT ISLANDS AND LANDS
HELD THERE BY THE SUTHERLAND LINE DESCENDED FROM DAVID 1 OF SCOTLAND.
119.GD305/1/157/95 27/7/1814 SCOTTISH RECORD OFFICE EDINBURGH INSTRUMENT OF
INTERLOCTOR COURT OF SESSION EDINBURGH MARIA MURRAY HAY MACKENZIE.
120.RD5/044/926. 31/1/1814 SCOTTISH RECORD OFFICE EDINBURGH DEED BY GEORGE
LACKWELL SUTHERLAND AND MENTION OF MARIA MURRAY HAY MACKENZIE.
121.RD5/76/1815. SCOTTISH RECORD OFFICE EDINBURGH FACTORY, JOHN HAY
MACKENZIE TO DAVID WEMYSS AND FRANCIS WALKER MENTIONS GEORGE,
MARQUISS OF TWEEDDALE AND SIR DAVID HUNTER BLAIR BARONET AND DAVID
HENDERSON CLERK CLERK TO DAVID WEMYSS. 122.GD305/1/161/49. 8/5/1818 SCOTTISH
RECORD OFFICE EDINBURGH RENUNCIATION BY MARIA MURRAY HAY MACKENZIE
AT NEW TARBET HOUSE MILLMOUNT,EASTER-KILMUIR, ROSSHIRE, SCOTLAND.
123.C22/101/490. 16.9/1809 SCOTTISH RECORD OFFICE EDINBURGH RECORD OF RETOURS
A GENEALOGICAL ACCOUNT FROM THE SERVICE OF ALEXANDER MACKENZIE OF
ROYSTON CROMARTY TARBET GRANDVILLE. 124.RD3/331/831. 31/7/1809 SCOTTISH
RECORD OFFICE EDINBURGH FACTORY COLONEL ROBERT MACKENZIE H.E.I.C. AND
KATHERINE SUTHERLAND HIS SPOUSE TRUSTEE NOMINATIONSHIP, COLONEL LEWIS
GRAND OF ACHAINOCH ALSO H.E.I.C. AND CAPTAIN CHARLES GRANT H.E.I.C. BENGAL
ESTABLISHMENT AND COLONEL WILLIAM DUNCAN H.E.I.C. AND HENRY WHITE H.E.I.C.
THE TRUSTEES OF ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET
GRANDVILLE AND SURVIVING TRUSTEES GEORGE SACKVILLE SUTHERLAND AND
KATHARINE SUTHERLAND HIS SISTER. 124. RD2/288. 12/7/1803 SCOTTISH RECORD
OFFICE EDINBURGH BOND BY MAJOR EVAN BAILLIE TO KATHARINE SUTHERLAND
ELDEST DAUGHTER OF COLONEL JAMES SUTHERLAND OF UPPAT AND ELIZABETH
BAILLIE AND KATHARINE SUTHERLAND SECOND WIFE OF COLONEL ROBERT
MACKENZIE H.E.I.C. 125.RS38/17. 23/12/1803 SCOTTISH RECORD OFFICE EDINBURGH
COLONEL JAMES SUTHERLAND OF UPPAT, SUTHERLAND COUNTY FENCIBLES
REGIMENT A GRANT OF £1000 TO ELIZABETH BAILLIE IN LIFERENT AND HALF THE FEE
TO MRS KATHARINE SUTHERLAND AND FRANCIS LORD SEAFORTH AND A BOND
GRANTED BY MAJOR GENERAL MACKAY TO FRANCIS LORD SEAFORTH LANDS
ROSSHIRE,SCOTLAND. 126.DURIE OFFICE, BOOK 292, PAGE 907. SCOTTISH RECORD
OFFICE EDINBURGH FACTORY APPOINTING ELIZABETH BAILLIE MOTHER OF ROBERT
SUTHERLAND OF ST VINCENT AND GRANT TO ELIZABETH BAILLIE OR SUTHERLAND
ESTATE OF ROSEHALL GRANTED BY GEORGE LANGWELL SUTHERLAND OF UPPAT.
127.GD305/1/159/23 1799 SCOTTISH RECORD OFFICE EDINBURGH ACCOUNT
16. NOTIFICATIONS, LADY ELIBANK AND MARIA MURRAY HAY MACKENZIE.
128RS/38/13/490. SCOTTISH RECORD OFFICE EDINBURGH ROBERT SUTHERLAND OF ST
VINCENT. 129.RS/13/49,14,102,230,317,340,349 PAGES SCOTTISH RECORD OFFICE
EDINBURGH ROBERT SUTHERLAND OF ST VINCENT. 130.GD305/1/60/7. SCOTTISH
RECORD OFFICE EDINBURGH DEED OF ENTAILS CROMARTY FAMILY ARDLOCH LINE.
131.GD305/1/60/7. SCOTTISH RECORD OFFICE EDINBURGH CHARTERS DATED 20/12/1786
REGISTERED 30/9/1780 KENNETH MACKENZIE TO HIS COUSIN JOHN MACKENZIE LANDS
ROSSHIRE, SCOTLAND. 132.RD5/645/63. 10/7/1840 B C S SCOTTISH RECORD OFFICE
EDINBURGH CHARTER OF NOVADAMUS AND DISPOSITION 4/7/1840 BY KATHARINE
SUTHERLAND OR MACKENZIE SPOUSE TO COLONEL ROBERT MACKENZIE H.E.I.C.
133.RS3/2042/24 5/8/1840 SCOTLAND RECORD OFFICE EDINBURGH GENERAL REGISTER
SASINES EDINBURGH. 134.RD5/10/75/513 5/5/1859 B C S SCOTTISH RECORD OFFICE
EDINBURGH DISPOSITION AND SETTLEMENT WITH DEED OF INSTRUCTION AND
CODICALS IN BOOKS COUNCIL SESSION RECORDED 5/1/1858 AND BOND DATED
16/2/1803 BY MARIA MURRAY HAY MACKENZIE OF CROMARTY. 135.GD305/1/132/8.
17/9/1841 SCOTTISH RECORD OFFICE EDINBURGH EXTRACT OF THE RETOUR OF
SERVICE OF JAMES SUTHERLAND MACKENZIE OF TARBET AS HEIR IN GENERAL OF
ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET AND GRANDVILLE.
136.C5/1/35 GREAT SEAL OF SCOTLAND. SCOTTISH RECORD OFFICE EDINBURGH LAND
RECORDING IN FAVOUR OF EVAN BAILLIE SUTHERLAND LIEUTENANT IN THE ROYAL
NAVY OF DOCHFOUR BORN 15/4/1800 UPPAT SON OF GEORGE SACKWELL
SUTHERLAND AND MRS JEAN SUTHERLAND MCKAY A TITLE TO HARRY MACDONALD
SKEABOST WATTERNISH ISLAND OF SKYE. KATHARINE SUTHERLAND AUNTIE TO
EVAN BAILLIE SUTHERLAND AND MOTHER OF JAMES SUTHERLAND MACKENZIE
BROTHER OF ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET
GRANDVILLE. 137.GENERAL REGISTER OF SASINES SCOTLAND VOLUME 3121.3 ROSS
DATED 10/1/1861 A RECORDING BY THE SCOTTISH EQUITABLE LIFE ASSURANCE
SOCIETY A BOND DISPONED FOR £2000 MENTION DOUGALD MACDONALD OF
SKEABOST TO JAMES DAVIDSON SURGEON IN H.E.I.C. THEN RESIDING IN KIRKCALDY
FIFE AND DECLARES PARTS OF THE LANDS STEIN WESTER KILMUIR ISLAND OF SKYE,
SCOTLAND. 138.GD305/1/61/10 1743-1824 SCOTTISH RECORD OFFICE EDINBURGH
ARTICLES AND CONDITIONS OF A ROUP AND SALE OF THE SAID HOUSE NEW TARBET
WITH APPENDED INVENTORY OF THE TITLE DEEDS OF THE PROPERTY. 139.GD305/1/61
30/3/1782 SCOTTISH RECORD OFFICE EDINBURGH DISPOSITION BY ALEXANDER
MUNRO AND JAMES WATSON IN FAVOUR OF THE DECEASED COLONEL ROBERT
MACKENZIE OF H.E.I.C. FATHER OF ALEXANDER MACKENZIE OF ROYSTON DATED
21/3/1782. 140.RS3/902/85. SCOTTISH RECORD OFFICE EDINBURGH SIXTH DUKE OF
HAMILTON, JAMES WHO MARRIED BARONESS ELIZABETH HAMILTON WHO WAS
MARRIED AGAIN TO JOHN FIFTH DUKE OF ARGYLL, HIS DAUGHTER CHARLOTTE
SUSAN MARIA MARRIED JOHN CAMPBELL AND HIS SISTER HARRIET MARRIED DANIEL
HAMILTON OF GILKERSCLEUGH AND HE IS REFERENCED IN 19/7/1811 DISPONING TITLE
TO ALEXANDER MACKENZIE OF ROYSTON CROMARTY TARBET AND GRANDVILLE.
DANIEL HAMILTONS BROTHERINLAW JOHN DUKE OF ARGYLES MOTHERINLAW IS
ELIZABETH WHO MARRIED FIRST SIXTH DUKE OF HAMILTON GRANDSON OF JOHN
STEWART AND HIM GRANDSON OF LADY JEAN MACKENZIE WHO WAS DAUGHTER OF
GEORGE EARL OF CROMARTY AND IT IS HIM WHO IS GREAT/GREAT/GRANDUNCLE TO
ALEXANDER MACKENZIE OF ROYSTON. 141.REFERENCE SIGNET LIBRARY VOLUME
434/84,87. INDEX SESSION PAPERS. GILKERSCLEUGH...COLEBROOKE VERSES
HAMILTON. 142.RT2/1. ENTAILS 7/6/1803. SCOTTISH RECORD OFFICE EDINBURGH
17. BARONY OF CROMARTY. VOLUME 30/33. REFERENCE RT1/33 ENTAILS CROMARTY.
143.RT2/1. ENTAILS 29/6/1805 SCOTTISH RECORD OFFICE EDINBURGH VOLUME
35/277-301 PAGES. DISPOSITION AND DEED OF TALZIE, CROMARTY ESTATE. 144.RT1/118.
SCOTTISH RECORD OFFICE EDINBURGH JOHN HAY MACKENZIE OF CROMARTY
ENTAILED. 145.RT3/1/2. SCOTTISH RECORD OFFICE EDINBURGH ENTAIL DESIGNATION
CROMARTY LINE. 146.GD305/1/165/235. SCOTTISH RECORD OFFICE EDINBURGH
DECLARATOR CONCERNING MARIA MURRAY HAY MACKENZIE OF CROMARTY.
147.GD305/1/159/111. 21/2/1807 SCOTTISH RECORD OFFICE EDINBURGH MEMORIALS FOR
MARIA MURRAY HAY MACKENZIE. 148.GD305/1/160/121. 11/6/1807. SCOTTISH RECORD
OFFICE EDINBURGH DISPOSITIONS BY MARIA MURRAY HAY MACKENZIE. 149.PR/589/25
REFERENCE SASINES. SCOTTISH RECORD OFFICE EDINBURGH 16/6/1807.FRANCIS LORD
SEAFORTH. MARY MAXWELL SUTHERLAND SPOUSE TO ALEXANDER SUTHERLAND 2
BATTALION 78TH FOOT AND GEORGE SACKVILLE SUTHERLAND GETS £500 IN
SECURITY REFERENCE TO GEORGE STREET AND CASTLE STREET EDINBURGH.
150.RD5/21. 20/3/1809 B C S SCOTTISH RECORD OFFICE EDINBURGH BOOKS COUNCIL
SESSION EDINBURGH FACTORY BY ROBERT SUTHERLAND. 151.RD2/251. B C S
SCOTTISH RECORD OFFICE EDINBURGH LAST WILL AND TESTAMENT OF JAMES
SUTHERLAND OF ALDANY MENTION OF CONTRACT OF MARRIAGE TO ELIZABETH
BAILLIE. 152.GD46/1/50. 16/6/1807 SCOTTISH RECORD OFFICE EDINBURGH DISCHARGE
BY MRS ELIZABETH SUTHERLAND WIDOW OF JAMES SUTHERLAND OF UPPAT
REFERENCE TO £500. REGISTERED PARTICULAR REGISTER OF SASINES EDINBURGH
16/6/1807 AND 20/6/1811 AND 20/9/1825. 153.RD5/99/316. B C S SCOTTISH RECORD OFFICE
EDINBURGH CROMARTY FAMILY DISPONE TO A JAMES W. HENDERSON. 154.RD2/288
20/10/1784 B C S SCOTTISH RECORD OFFICE EDINBURGH MAJOR EWAN BAILLIE H.E.I.C
PAYS £500 TO HIS NEICE MISS KATHARINE SUTHERLAND DAUGHTER OF COLONEL
JAMES SUTHERLAND AND ELIZABETH BAILLIE. KATHARINE SUTHERLAND SPOUSE TO
COLONEL ROBERT MACKENZIE H.E.I.C. 155.CHARTER UNDER THE GREAT SEAL.
SCOTTISH RECORD OFFICE EDINBURGH LANDS AND PECUNIARY DISPOSITION IN
FAVOUR OF LIEUTENANT COLONEL MCKAY ALSO KNOWN AS HUGH BAILLIE.
13/7/1788. 156.RD3/275. 23/12/1790. B C S SCOTTISH RECORD OFFICE EDINBURGH A SUM
OF £2000 AND £4000 TO GEORGE SACKVILLE SUTHERLAND SON OF LIEUTENANT
COLONEL JAMES SUTHERLAND AND REFERENCE TO A CHARTER UNDER THE GREAT
SEAL SCOTLAND 13/71788 AND A SASINE REGISTERED INVERNESS 28/4/1791.
157.RD3/275.SASINE EDINBURGH SCOTTISH RECORD OFFICE EDINBURGH VOLUME
566.PAGE 118-125. INSTRUMENT OF SASINE PARTICULAR. 158.RS38/13. SASINE
INVERNESS SCOTTISH RECORD OFFICE EDINBURGH ROBERT SUTHERLAND TO
ELIZABETH COUNTESS OF SUTHERLAND RECORDED INVERNESS 11/9/1799 TO
ALEXANDER MACKENZIE WRITER TO THE SIGNET SUBSCRIBED AT GOLSPIE 31/7/1780.
159.GD305/1/60/7. 18/8/1789 SCOTTISH RECORD OFFICE EDINBURGH REFERENCE TO
SASINE KENNETH MACKENZIE OF CROMARTY TO HIS COUSIN SIR KENNETH
MACKENZIE OF CROMARTY AND GRANDVILLE. 160.GD305/1/165/229-235. 21/2/1797
SCOTTISH RECORD OFFICE EDINBURGH A DEED OF ENTAIL ROYSTON ESTATE
EDINBURGH SCOTLAND. HUGH FRASER * CHRISTIAN CHISHOLM OF COMER DIED
19/11/1691 SASINE 09/09/1675 DRUMCHARDING. WILLIAM FRASER * MARGARET GRANT
B. M. 20/09/1683 D. WILLIAM FRASER * MARGARET MCDONALD OF ARDNABIE WILLIAM
FRASER * MARGARET STEWART B. M.CONTRACT OF MARRIAGE 1759. D. WILLIAM
FRASER * SARAH FRASER OF CULBOCKIE 3RD DAUGHTER OF JAMES FRASER OF
BELLADRUM WILLIAM FRASER * MARGARET CHISHOLM OF CULBOCKIE D.13/08/1785
WILLIAM FRASER * JANET BROWN OF CULBOCKIE DAUGHTER OF DR ANDREW BROWN
18. B. M. D.SC29/44/6 1844 RECORDED. HAD IN1855 TROTTERNISH KILMUIR WESTER SKYE.
BELEIVED TO LIVE NEWTON HOUSE NAIRN. (NEAR CULBOKIE) CS 235/11/MISC-3
DEPOSITIONS OF MR ALEXANDER MACKENZIE AND EDWARD CALLENDER 1720
ANSWERS FOR MR ALEXANDER MACKENZIE ONE OF THE PRINCIPAL CLERKS OF
SESSION THE PETITION OF THE COMMISSIONERS AND TRUSTEES FOR SALE OF
FORFEITED ESTATES THE SAID COMMISSIONERS AND TRUSTEES HAVE EXHIBITED A
PETITION AGAINST THE SAID MR ALEXANDER MACKENZIE COMPLAINING OF HIS
REFUSEING TO GIVE THEM AN EXTRAIT OF A DECREET PRONOUNCED ON AN
EXEPTION OF KENNETH MACKENZIE OF ASSINT AND COLLONEL ALEXANDER
MACKENZIE OF CONASBAY HIS CURATOR AS SUPERIOR OF THE LANDS OF
TROTTERNESS LATE THE PROPERTY OF THE LATE SIR DONALD MACDONALD. AND
CRAVEING THAT HE AND HIS SERVANT MAY BE EXAMINED UPON THE MATTER
CONTAINED IN THE SAID PETITION AND THAT HE MAY BE ORDAINED TO GIVE AN
EXTRACT OF THE PROCESS OR TO SECURE THE TRUSTEES AGAINST FUTURE
EXTRAITES AND TO ORDAIN HIM TO FIND CAUTION FOR SUCH DAMAGES AS MAY
ARISE TO THE TRUSTEES AND THAT HE MAY BE CENSURED AND TO PRODUCE THE
GROUNDS AND WARRANDS OF THE PROCESS THE SAID MR ALEXANDER MACKENZIE
WILL WITH GREAT EASE MAKE ANSWER TO WHAT IS CHARGED UPON HIM AND FIRST
HE SAYS THERE WAS AN EXEPTION AS TO THE LANDS OF TROTTERNISH EXHIBITED IN
THE MANNER MENTIONED IN THE PETITION AND THAT THERE WERE ANSWERS PUTT
IN BY THE COMMISSIONERS TO THE SAID EXCEPTION BUT THEN HE SAYS THAT THERE
WAS NO SUCH INTERLOQUITORY SENTENCE AS MENTIONED IN THE PETITION
PRONOUNCED BY THE COURT NOR DID HE DELIVER A COPIE OF SUCH AN
INTERLOQUITOR TO THOMAS FORDYCE AGENT AND DOER FOR THE TRUSTEES NOR
DOES HE BELIEVE THAT EDWARD CALLENDER HIS SERVANT DID DID DELIVER ANY
SUCH INTERLOQUITOR OR DECREE IN THE TERMS MENTIONED IN THE PETITION THAT
WHAT ENDEVOURS WERE USED FOR OBTAINING AN EXTRACT WAS A FRUITLESS
LABOUR FOR REASONS FORESAID AFFIRMS THAT ASSINT WHO PRESENTED THE
EXEPTION DID AGAIN WITHDRAW HIS EXCEPTION AND QUITT ANY CLAIM HE
THEREBY AND THIS APPEARS BY WHAT IS WRITT ON THE BACK OF THE EXCEPTION
HE IS ALTOGETHER UNCONCERNED WHAT MAY BE THE CONSEQUENCE OF THE
PETITIONERS WANT OF AN EXTRACT OF A SENTENCE THAT WAS NEVER GIVEN THAT
HE NEITHER HAS ANY SUCH INTERLOQUITOR NOR DOES BELIEVE THAT ANY SUCH
EVER WAS PRONOUNCED THAT HE WAS WILLING TO PRODUCE AND LAY BEFORE
YOUR LORDSHIPS AS NOW HE HAS DONE THE PRINCIPAL EXCEPTION WITH THE
ANSWER DELIVERED NOR IS HE CONCERNED IN THE REASONING PART OF THE
PETITION WHERE THE PETITIONERS WOULD FORM AN ARGUMENT AGAINST HIM AS IF
IT WERE INCREDIBLE THAT ASSINT WOULD MOVE AN OBJECTION AGAINST HIMSELF
THOUGH HE BELIEVES THE TRUE REASON WAS THAT WHEN ASSINTES PROCURATORS
CAME TO LOOK INT THE DEIT OF MAILLS AND DUTIES OBTAINED AT HIS INSTANCE
AGAINST THE VASSALLS THEY FOUND THAT SIR DONALDS TENNENTS WERE NOT
CALLED THEREIN NOR HAD HE OBTAINED HIMSELF INFEFT IN THE SAID LANDS IN THE
TERME OF THE ACT FOR ENCOURAGEING SUPERIORS ETC AND IT IS SOMEWHAT TOO
SUBTILL TO SAY THAT IF ASSINT HAS WITHDRAWN ANYTHING TIS SUSPECTED TO BE
SIGNED INTERLOQUITOR FOR BY THE TERM " WITHDRAWN" HERE NOTHING ELSE
COULD BE MEANT BUT THAT ASSINT HAD WAVED OR PASSED FROM HIS EXCEPTION
HE SAYS THAT HE HAD NOT WITHDRAWN THE PROCESS NOR ANY PART OF THE
PROCESS ALL IS STILL EXTANT AND IS HEREWITH PRODUCED. CS 235/11/MISC- 4 AS TO
WHAT IS ALLEGED THAT THE INTERLOQUITOR WAS ACTUALLY SIGNED UPON AN
19. AGREEMENT ADDUCED FROM THE ACT OF REGULATION 1672 THAT DOES NOT
CONCERNE HIM NO DOUBT THE COMMISSIONERS MIGHT HAVE OBTAINED
PROTESTATION BUT THEY DO NOT PRETENT THAT THE SAME WAS SOUGHT AND THEY
MIGHT HAVE GOT NOTTICE FROM THE PROCURATORS COMPEARING FOR THEM THAT
THE EXCEPTANT DID WAVE HIS CLAIM WITHOUT ANY OPPOSITION ON THEIRSIDE NOR
IS IT HIS BUSINESS MUCH TO NOTICE WHAT IS ARGUED FROM THE PRESIDENTES ROLL
IT IS SUFFICIENT FOR HIS EXONERATION TO SAY THAT NO SUCH INTERLOQUITOR
WAS SIGNED BY THE PRESEDENT AND THEREFORE HE IS NOT FARTHER CONCERNED
HE SUBMITTS HIMSELF TO ONE EXAMINATION AND TO YOUR LORDSHIPS
JUDGEMENTS AFTER THE EXAMINATION IS MADE AND HOPES THAT AFTER TRIAL THE
PETITION WILL BE FOUND GROUNDLESS ONLY THIS HE MUST OBSERVE THAT SEEING
THE PETITIONERS PRETEND TO HAVE A COPY OF THE INTERLOQUITOR UNDER
EDWARD CALENDERS HAND THE SAME OUGHT TO HAVE BEEN PRODUCED AND TILL
IT BE PRODUCED HE WILL BEG LEAVE TO SAY THAT HE HAS GREAT DIFFERENCE
THEREOF. YOUR LORDSHIPS MAY PROCEED TO EXAMINATION AND TRYALL WHEN
YOU PLEASE MR MACKENZIE IS READY TO MAKE ANSWERS BUT IN THE MEAN TIME
HE EXPECTES THAT YOUR LORDSHIPS WILL ORDAIN THE COPIE OF THE
INTERLOQUITOR MENTIONED IN THE PETITION TO BE EXHIBITED WHICH HE FIRMLY
BELEIVES WAS NOT DELIVERED TO THOMAS FORDYCE THE AGENT ALEXANDER HAY.
UPON THE FIRST DAY AUGUST 1M [1000] VIJC [700] AND NINETEEN YEARS I THOMAS
GRAME ONE OF THE MACERS BEFORE THE RIGHT HONOURABLE THE LORDS OF
COUNCIL AND SESION BY VIRTUE OF AND IN OBEDIENCE TO THE SAID LORDS THEIR
ACT OF SEDERUNT DATED THE FOURTEENTH OF JULY LAST FOR RECORDING
EXEPTIONS IN A PARLAR REGISTER CONFORM TO THE ACT OF PARLIAMENT QUINTO
GEORGII IN THE FIFTH OF GEORGE DID PASS WITH THE WITNESSES AFTERNAMED AND
HERETO SUBSCRIBING TO THE OFFICE WITHIN THE PARLIAMENT CLOSS OF THE
COMMISSIONERS OF INQUIRE AND TRUSTEES FOR DISPOSING OF FORFEITED ESTATES
AND THEN AND THERE DID INTIMATE TO THE COMMISSIONERS AND TRUSTEES THAT
THE EXCEPTIONS FOR KENNETH MCKENZIE OF ASSINT AND HIS CURATORS FOR THE
INTEREST EXCIPIENTS WERE UPON THE THIRTY FIRST DAY OF JULY LAST PRESENTED
TO THE SAID LORDS OF SESSION TO THE INTENT THE SAID EXCIPIENTS THEIR RIGHT
AND TITLE TO THE FOURSCORE MERK LANDS OF TROTTERNESS MIGHT BE
ASCERTAINED AND DECLARED NOTWITHSTANDING OF THE ATTAINER OR
CONVICTION OF SIR DONALD MACDONALD OF SLATE AND LATE EARL OF SEAFORTH
AND WITH THE VOUCHERS AND INSTRUCTIONS THEREOF ARE LODGED AND IN THE
OFFICE OF MR ALEXANDER MACKENZIE ONE OF THE PRINCIPAL CLERKS OF SESSION
WHERE THE SAME ARE TO BE SEEN THIS I DID BY LEAVING WITH AND DELIVERING A
FULL DOUBLE OF THE SAID EXCEPTIONS AN AUTHENTICK COPY HEREOF THERETO
SUBJOINED WITHIN THE SAID OFFICE TO ALEXANDER MONRO HOUSEKEEPER IN
ABSENCE OF THE SAID COMMISSIONERS AFTER I ENQUIRED IF ANY OF THEM WERE
PRESENT AND IN THE OFFICE AT THAT TIME BEFORE AND IN PRESENCE OF
ARCHIBALD AND DUGALD CAMPBELLS BOTH WRITERS IN EDINBURGH AND FOR THE
MORE VERIFICATION HEREOF I THE SAID WITNESSES SUBSCRIBED THESE PRESENTS
DAY AND DATE SAID. CS 235/11/MISC- 5 COPY INTERLOQUITOR ASSINT AGAINST SIR
DONALD MCDONALD LANDS TROTTERNISH 1719 3 SEPTEMBER 1719 THE LORDS
HAVING ADVISED THE EXCEPTIONS PRESENTED BY KENNETH MCKENZIE OF ASSINT
AND COLLONEL ALEXANDER MCKENZIE OF CANNASBY HIS CURATOR ACTS OF
PARLIAMENT REFERED TO THEREIN ANSWERS FOR THE PUBLIC WITH THE WRITS
PRODUCED AND DEBAITE THEY FIND THAT THE EXCEPTANT HATH RIGHT TO THE
20. PROPERTY OF FOURSCORE MARK LAND OF TROTTERNESS LYING WITHIN THE
PAROCHIAL DISTRICT AND SHERIFDOM OF ------------------------- WHICH WERE HOLDEN
OF THE EXIPIENT AS SUPERIOR BY THE LATE SIR DONALD MCDONALD WHO WAS
ATTAINED OF HIGH TREASON BY AN ACT 1 GEORGII OF THE 1ST OF GEORGE INTITLED
AN ACT FOR THE ATTAINER OF GEORGE EARL MARSHALL ETC AND FIND THE
EXCEPTANT HATH RIGHT TO THE RENTS PROFITS AND ISSUES PAYABLE FOR THE SAID
LANDS FROM AND SINCE THE 27TH OF JUNE 1715 WITH THE BURDEN OF PROPORTION
OF THE DEBTS IN THE TERMS OF THE ACT OF PARLIAMENT 5 GEORGII OF THE 5TH OF
GEORGE INTITLED ACT FOR ENLARGING THE TIME TO DETERMINE CLAIMS ON
FORFEIT ESTATES AND THAT THE PUBLIC HATH NO RIGHT THERETO AND FIND
DECERN AND DECLARE ACCORDINGLY SIC SUB SCRIB ITUR THUS IT IS SUBSCRIBED
JAMES ERSKINE 4TH FEBRUARY 1720 LORD PENCAILLAND THIS IS THE COPY OF THE
ALLEGED INTERLOQUITOR STO WHICH ALEXANDER MCKENZIE ONE OF THE CLERKS
OF SESSION HIS OATH OF THIS DATE RELATES J.HAMILTON CS 235/11/MISC- 6
ANSWERS FROM MR ALEXANDER MACKENZIE TO THE PETITION GIVEN IN BY THE
TRUSTEES TO FORFEITED ESTATE 1720 4 FEBRUARY 1720 IN THE PRESENCE OF THE
LORD PENCAILLAND COMPEARED ALEXANDER MCKENZIE ONE OF THE CLERKS OF
SESSION AND BEING SOLEMNLY SWORN EXAMINED AND INTERROGAT IN TERMS OF
THE INTERL
OQUITOR OF THIS DATE DISPONES THAT THE DEPONENT DID NEVER WRITE ANY
INTERLOQUITOR SUSTAINING THE EXEPTION AT THE INSTANCE OF KENNETH
MCKENZIE OF ASSINT AND HIS CURATORS AGAINST THE PUBLIC FINDING THAT THE
EXEPTANT HAD RIGHT TO THE PROPERTY OF THE LANDS OF TROTTERNISH WHICH
WERE HOLDEN BY THE LATE SIR DONALD MCDONALD OF THE EXCEPTANT. AND THAT
IT DOES NOT CONSIST WITH HIS KNOWLEDGE THAT ANY SUCH INTERLOQUITOR WAS
WRITE BY ANY OTHER OF THE CLERKS OF SESSION AS MENTIONED IN THE PETITION
AND COMPLAINT OFFERED IN NAME OF THE COMMISSIONERS AND TRUSTEES FOR
THE SALE OF FORFEITED ESTATES AN ALLEDGED COPY WHEREOF IS PRESENTLY
PRODUCED AND MARKED BY THE LORD EXAMINATOR AND THAT THE DEPONENT DID
NEVER SEE ANY SUCH INTERLOQUITOR SIGNED BY THE LORD GRANGE THEN
PRESIDENT OF THE COURT OF SESSION WHICH BEARS TO BE DATED THE THIRD DAY
OF SEPTEMBER LAST AND THAT THE DEPONENT DOES NOT REMEMBER THAT ANY
SUCH INTERLOQUITOR PAST IN THE SAID COURT OF SESSION AND FURTHER
PRODUCED THE PRINCIPAL EXCEPTION WHICH HAS NO SIGNED INTERLOQUITOR
UPON IT EXCEPT THAT OF THE LAST OF JULIE ORDERING THE SAME TO BE INTIMATED
AT THE ENQUIRIE OFFICE AND APON THE BACK OF THE SAID EXEPTION THERE IS
WRITEN THE WORD "WITHDRAWN" WITH THE DEPONENTS OWN HAND AND THAT IT
WAS NOT ORDINARY IN OTHER CASES TO SIGN THAT WORD "WITHDRAWN" WHEN
THERE WAS NO MORE UPON IT HE ALSO PRODUCES THE EXECUTION OF THE SAID
EXCEPTION WITH TWO ANSWERS GIVEN IN BY PUBLIC TO THE EXCEPTION
ALEXANDER MACKENZIE J.HAMILTON PRESENTED BY MCKENZIE OF ASSINT AND HIS
CURATORS ONE DATED TENTH OF AUGUST AND THE OTHER THE THIRD SEPTEMBER
LAST WHICH ARE THE ONLY ANSWERS GIVEN IN BY THE COMMISSIONERS TO THE
HAILL EXCEPTIONS PRESENTED BY ASSINT AND DEPONES HE HAS NO OTHER
GROUNDS OR WARRADS IN RELATION TO THE SAID INTERLOQUITOR NOR DOES HE
REMEMBER THAT THERE WERE ANY WRITES PRODUCED RELATING TO THE LANDS
MENTIONED IN THE SAID EXCEPTION EXCEPT SUCH AS WERE PRODUCED BY THE
EXCEPTANTS AND TAKEN UP BY THEM OR THEIR DOERS AND THIS IS THE TRUTH AS
HE SHALL ANSWER TO GOD ALEXANDER MACKENZIE J.HAMILTON CS 235/11/MISC- 7
21. 23 FEBRUARY 1720 EDWARD CALLENDER SERVITOR TO MR ALEXANDER MCKENZIE
ONE OF THE CLERKS OF SESSION AND BEING SOLEMNLY SWORN EXAMINED AND
INTEROGATED IN THE TERMS OF THE INTERLOQUITOR OF THE 4 TH FEBRUARY
INSTANT DEPONES THAT HE DID NOT DELIVER TO MR FORDYCE OR TO ANY OTHER
DOER FOR THE COMMISSIONERS OR TRUSTEES FOR FORFEITTED ESTATES THE COPY
OF THE INTERLOQUITOR MENTIONED IN THE SAID TRUSTEES THEIR PETITION DATED
TWENTY FIRST JANUARY LAST FINDING THAT KENNETH MCKENZIE OF ASSINT AND
COLLONEL MCKENZIE HIS CURATOR HAD RIGHT AS SUPERIORS TO THE PROPERTY OF
THE LANDS OF TROTTERNISH WHICH HELD OF HIM BY THE LATE SIR DONALD
MCDONALD IN SO FAR AS THE DEPONENT REMEMBERS AND THAT HE KNOWS
NOTHING OF THE GIVING OUT DOUBLE OF THE SAID INTERLOQUITOR TO THE SAID
COMMISSIONERS OR THEIR DOERS WHICH COPY OF THE SAID INTERLOQUITOR AS
MENTIONED IN THE SAID PETITION IS MARKED BY THE LORD EXAMINATOR AND
BEING EXAMINED AND INTERROGATED BY THE PROCURATORS OF THE SAID
TRUSTEES IF THE PAPER PRESENTLY PRODUCED BY THEM AND MARKED BY THE
ORDINARY WHICH CONTAINS AN INTERLOQUITOR IN FAVOUR OF KENNTH MCKENZIE
IN RELATION TO THE PROPERTY OF THE LANDS AND ESTATE OF APPLECROSS WHICH
HE CLAIMED AS SUPERIOR OF THE SAID LANDS EDWARD CALLENDER J.HAMILTON
AND TO WHICH IS ADJECTED A MEMORIAL IN THESE TERMS VIZ.. THE LIKE
INTERLOQUITOR IS APON THE OTHER EXCEPTIONS AGAINST THE VASSALS MUTATIS
MUTANDIS NECESSARY CHANGES BEING MADE EXCEPT THESE AGAINST WHOM THE
CONDISCENDANCE WAS GIVEN AND WHEREON THEY ARE ALLOWED A DILLIGENCE
TO PROVE THAT THE LANDS HOLD OF ASSINT IF THE SAID PAPERS MARKED AS SAID IS
WAS THE HAND WRITING OF THE DEPONENT AND DELIVERED BY HIM TO THE SAID
THOMAS AND DEPONES THAT HE DID DELIVERED THE SAID PAPER TO THE BEST OF
THE DEPONENTS MEMORYTO THE SAID THOMAS FORDYCE OR HIS SERVANT AS
DOERS FOR THE SAID COMISSIONERS AND DEPONES THAT HE DID NEVER DELIVER
ANY OTHER COPY OF AN INTERLOQUITOR IN RELATION TO ASSINT RIGHT OF
PROPERTY TO THE LATE SIR DONALD MCDONALD LANDS TROTTERNISH OR THE
OTHER VASSALS OF THE LATE EARL OF SEAFORTH EXCEPT WHAT IS ABOVE DEPONED
ON TO THE BEST OF THE DEPONENTS MEMORE AND BEIND INTERROGATED IF THE
DATES WRITEN ON THE MARGINS OF THE SAID PAPER BE THE TRUE DATES DEPONES
HE DOES NOT KNOW BUT IS WILLING TO PRODUCE THE PRINCIPAL WARANDS
THEMSELVES AND THAT ORDINARLY THE COMMISSIONERS DOERS GET COPIES OF
THE INTERLOQUITORS BEFORE THE SAME WERE SIGNED BY THE LORD PRESIDENT
AND THIS IS THE TRUTH AS HE SHALL ANSWER TO GOD EDWARD CALLENDER
J.HAMILTON MR CARDEN PROCURATOR OR FOR THE SAID TRUSTEES DECLAIRED
THAT HE HAS CONCLUDED HIS PROBATION BY THE ABOVE OATHS THE LORD
ORDINARY IS TO REPORT THE SAME TO THE LORD WITH HIS FIRST CONVENIENCE AND
ALLOWS TH SAID PROCURATORS IN THE MEAN TIME TO SEE THE INTERLOQUITOR AS
TO THE PROPERTY OF APPLECROSS TO THE END THEY MAY KNOW THE DATE
THEREOF J.HAMILTON CS235/11/MISC-1 EXCEPTIONS FOR KENNETH MACKENZIE OF
ASSINT AND HIS CURRATORS ANENT THE LANDS OF TROTTERNISH BELONGING TO
THE DECEASED SIR DONALD MACDONALD WITHDRAWN 1719 MCKENZIE CLERK T.G.
THOM.GRAEM AD & DC SIGNED EXCEPTIONS FOR KENNETH MACKENZIE OF ASSINT
AND COLLONEL ALEXANDER MACKENZIE OF CONANSBAY HIS CURATOR FOR HIS
INTEREST AGAINST THE POSSESSION TAKEN OR TO BE TAKEN OF THE FOURSCORE
MERK LAND TROTTERNISH SURVEYED BY ORDER OF THE COMMISSIONERS AND
TRUSTEES APPOINTED FOR FORFEITED ESTATES HUMBLY PRESENTED IN PURSUANCE
22. OF THE ACT QUINTO GEORGII IN THE FIFTH YEAR OF GEORGE ENTITLED ACT FOR
ENLARGEING THE TIME TO DETERMINE CLAIMS ON THE FORFEITED ESTATES TO THE
RIGHT HONOURABLE THE LORDS OF COUNCIL AND SESSION TO THE INTENT HIS
RIGHT AND TITLE TO THE SAID FOURSCORE MERK LANDS TROTTERNISH HOLDEN BY
SIR DONALD MCDONALD LATE OF SLATE OF THE SAID EXCIPIENT AS SUPERIOR
THEREOF MAY IN THE TERMS OF TH ACT OF THE FIRST OF THE KING ENTITLED ACT
FOR ENCOURAGEING ALL SUPERIORS VASSALS ETC BE ASCERTAINED BY THE
FORESAID ACT OF THE FIRST OF THE KING ENTITLED ACT FOR ENCOURAGING ALL
SUPERIOR VASSALLS LANDLORDS AND TENNANTS IN SCOTLAND IT IS AMONGS
OTHER THINGS ENACTED THAT IF ANY SUBJECT OF GREAT BRITAIN HOLDING LANDS
OF A SUBJECT SUPERIOR IN SCOTLAND HAS BEEN OR SHALL BE GUILTY OF SUCH
HIGH TREASON OR TREASONS AS ARE MENTIONED IN THE SAID ACT EVERY SUCH
OFFENDER WHO SHALL BE THEREOF DUELY CONVINCED AND ATTAINED SHALL BE
LIABLE TO THE PAINS PENALTIES AND FORFEITURES OF HIGH TREASON AND HIS
LANDS OR TENEMENTS HELD OF ANY SUBJECT SUPERIOR IN SCOTLAND SHALL
RECOGNISE AND RETURN INTO THE HANDS OF THE SUPERIOR AND THE PROPERTY
SHALL BE AND IS HEREBY CONSOLIDATED WITH THE SUPERIORITY IN THE SAME
MANNERAS IF THE LANDS OR TENEMENTS HAD BEEN BY THE VASSAL RESIGNED INTO
THE LANDS OF THE SUPERIOR AD PERPETUAM REMANENTIAM REMAING THERE FOR
EVER AND IT IS FURTHER ENACTED THAT IF THE SUPERIORS TO WHOM THE LANDS
AND TENEMENTS ABOVE MENTIONED ARE DECLAIRED AND ORDAINED TO BELONG
SHALL SHALL NOT WITHIN SIX MONTHS TO BE RECKONED FORM THE TIME OF THE
ATTAINER OF THE OFFENDERS RESPECTIVELY OBTAIN THEMSELVES INFEFT OR DO
DILLIGENCE REALLY AND WITHOUT COLLUSION FOR ATTAINING POSSESSION IN
EVERY SUCH CASE THE FORFEITURES SHALL BELONG TO HIS MAJESTY HIS HEIRS AND
SUCCESSORS BY A SUBSEQUENT ACT OF THE SAME YEAR OF HIS MAJESTYS REIGN
ENTITLED ACT FOR THE ATTAINDER OF GEORGE EARL OF MARISHAL WILLIAM EARL
OF SEAFORTH AND OTHERS OF HIGH TREASON UNLESS THEY SHALL SURRENDER
THEMSELVES TO JUSTICE BY A DAY CERTAIN HEREIN MENTIONED IT IS ENACTED
THAT IF THE ABOVE PERSONS AND OTHERS THEREIN NAMED AMONG WHOM IS THE
SAID SIR DONALD MCDONALD OF SLATE SHOULD NOT RENDER THEMSELVES TO ONE
OF HIS MAJESTYS JUSTICE OF THE PEACE ON OR BEFORE THE LAST DAY OF JUNE 1716
THEN EVERY OF THEM NOT RENDERING HIMSELF AS AFORESAID SHOULD FROM AND
AFTER THE 13 OF NOVEMBER 1715 STAND AND BE ADJUDGED ATTAINED OF THE SAID
HIGH TREASON TO ALL INTENTS AND PURPOSES WHATSOEVER AND SHOULD SUFFER
AND FORFEIT AS A PERSON ATTAINED OF HIGH TREASON BY THE LAWS OF THE LAND
OUGHT TO SUFFER AND FORFEIT CS235/11/MISC- 2 THE ESTATE OF SEAFORTH WAS
AFFECTED WITH MANY AND VARIOUS APPRISEINGS ALL LED BEFORE THE YEAR 1650
FOR SUMS FAR EXCEEDING THE VALUE OF THE ESTATE AND WHEREOF THE LEGAL
WAS EXPIRED AND WHICH WERE PURCHASED BY SIR GEORGE MACKENZIE OF
TARBET AFTERWARDS EARL OF CROMARTY AND CERTAIN OTHER PERSONS WHO
UPON THE RIGHTS ACQUIRED BY THEM DID EXPEDE INFEFTEMENTS IN THEIR OWN
PERSON AS WILL APPEAR BY THE CHARTER UNDER THE GREAT SEAL DATED 30TH
SEPTEMBER 1678 WHICH IS APON PUBLICK RECORD AND THEIR INFEFTMENT
FOLLOWING THEREAPON IS DATED THE 15 OF NOVEMBER 1680 AND PRODUCED WITH
THE VOUCHERS OF MY EXCEPTIONS FOR ASCERTAINING MY RIGHT AND TITLE TO
THE ESTATE OF SEAFORTH THE SAID GEORGE MACKENZIE AND OTHER PERSONS
DENUDED THEMSELVES OF THE SAID LANDS AND ESTATE IN FAVOUR OF KENNETH
MACKENZIE BROTHER TO SIR GEORGE MCKENZIE OF ROSEHAUGH IN THE YEAR 1680
23. AND THE SAID KENNETH MCKENZIE DISPONED THE SAME IN FAVOUR OF ISOBELL
COUNTESS OF SEAFORTH IN THE YEAR 1681 WHO IN VIRTUE OF HER RIGHT POSSESSED
THE SAID ESTATE AND PERTINENTS THEREOF UNTIL THE MONTH OF FEBRUARY 1715
UPON THE DEMISE OF THE SAID ISOBELL COUNTESS OF SEAFORTH THE RIGHT OF THE
SAID ESTATE DEVOLVED UPON THE EXCIPIENT AS HEIR NEAREST PROTESTANT HEIR
WILLIAM LATE EARL OF SEAFORTH THOUGH A NEARER HEIR BY BLOOD THAN THE
EXIPIENT BEING EXCLUDED BY THE ACT 23RD NOVEMBER 1700 ENTITLED ACT FOR
PREVENTING THE GROWTH OF POVERTY THE FOURSCORE MERK LAND TROTTERNESS
LYING WITHIN THE PAROCHIAL OF SNIZORT SKYE AND SHERIFDOM OF INVERNESS
AND WHICH BELONGED TO THE SAID SIR DONALD MCDONALD LATE OF SLATE NOW
ATTAINED BY THE FORECITED ACT ARE PART AND PORTION OF THE FORESAID
ESTATE OF SEAFORTH AND WERE HOLDEN BY THE SAID SIR DONALD MCDONALD OR
HIS PREDECESSORS OF----- EARL OF SEAFORTH AND THE RIGHT OF THE SUPERIORITY
OF THE SAID LANDS IS NOW IN THE PERSON OF THE EXCIPIENT BY HIS TITLE ABOVE
DEDUCED THE SAID EXCIPIENT AS HAVING THUS RIGHT TO THE SAID FOUR SCORE
MERKLANDS OF TROTTERNESS LYING AS SAID IS DID IN PURSUANCE OF THE
FORESAID ACT OF PARLIAMENT PRIMO GEORGII IN THE FIRST YEAR OF GEORGE
ENTITLED ACT FOR ENCOURAGEING SUPERIORS VASSALS ETC DO DILIGENCE REALLY
AND WITHOUT COLLUSION FOR ATTAINING THE POSSSESSION OF THE SAID LANDS
THEREFOR THE SAID EXCIPIENT AND HIS SAID CURATOR AS HAVING RIGHT AND
TITLE TO THE SAID FOURSCORE MERK LAND IN MANNER AFORESAID AND BY VIRTUE
OF THE ABOVE RECITED ACT OF THE FIRST OF HIS MAJESTYS REIGN ENTITLED ACT
FOR ENCOURAGING SUPERIORS VASSALS ETC DOES PRESENT THE ABOVE
EXCEPTIONS HUMBLY PRAYING THAT HIS RIGHT MAY BE DECLAIRED AND
ASCERTAINED TO THE SAID FOURSCORE MERK LAND WITH PARTS AND PERTINENTS
THEREOF AND THAT THE RENTS PROFITS AND ISSUES THERETO BELONGING AND
PRESENTLY PAY OR THAT MAY BE PAYABLE BY THE TENENTS TACKSMEN OR
POSSESSERS THEREOF SINCE THE TERM PRECEEDING THE SAID ATTAINER AND IN ALL
TIME COMEING MAY BE DECLARED TO PERTAIN AND BELONG TO THE EXCIPIENT AND
THAT THE COMMISSIONERS AND TRUSTEES APPOINTED FOR FORFEITED ESTATES
MAY BE DISCHARGED FROM DISQUIETING AND MOLESTING THE EXCIPIENT IN THE
PEACEABLE POSSESSION THEREOF SAVEING AND RESERVING TO THE SAID EXCIPIENT
ALL AND SUNDRY HIS FURTHER ALLEGATIONS ANSWERS AND REPLIES WHICH HE
MAY HAVE OR SHALL HEREAFTER MAKE USE OF IN ORDER TO THE FURTHER
CLEARING AND MAKING GOOD HIS RIGHT IF NEED BE KENNETH MACKENZIE ALEX
MACKENZIE EXAMINED 31 JULY 1719 THE LORDS HAVING HEARD THE WITHIN
EXCEPTIONS ORDAIN THE SAME TO BE INTIMATE TO THE COMMISSIONERS OF
ENQUIRY AT THEIR OFFICE AND RECORDED IN THE PARLAR REGISTER APPOINTED
FOR THAT EFFECT CONFORM TO THE ACT OF SEDERUNT W.ERCHNIES J.P.L.
RD/14/118/765. 24TH JUNE 1778 CONTRACT MATRIMONIAL. BETWEEN ALEXANDER
MACKENZIE OF ARDLOCH AND MISS MARGARET SUTHERLAND 1732. EDITED 24 JUNE
1778 PRESENTED BY RODERICK MCLEOD WRITEN IN EDINBURGH. REGISTERED BY
DAVID RAE AND JAMES BOSWELL. 152 BOOKED. AT LANGWELL THE SIXTEENTH DAY
OF SEPTEMBER 1732. IT IS APPOINTED CONTRACTED FINALLY AND MATRIMONALLY
AGREED AND ENDED BETWEEN THE PARTIES FOLLOWING VIZ. ALEXANDER
MACKENZIE YOUNGER OF ARDLOCH TO THE SPECIAL ADVICE AND CONSENT OF THE
RIGHT HONOURABLE WILLIAM LORD STRATHNAVER AND THE SAID LORD
STRATHNAVER TAKING APON HIM FULL BURDEN FOR THE SAID ALEXANDER
MACKENZIE OF ARDLOCH ON THE ONE PART AND MARGARET SUTHERLAND
24. LAWFULL DAUGHTER TO THE DEWAFT CAPTAIN ROBERT SUTHERLAND OF
LANGWELL WITH THE SPECIAL ADVICE AND CONCENT OF WILLIAM SINCLAIR OF ------
WICK AND THE SAID WILLIAM SINCLAIR OF -------WICK TAKING APON HIM BURDEN
FOR THE SAID MARGARET SUTHERLAND ON THE OTHER PART IN MANNER
FOLLOWING THAT IS TO SAY THE SAID ALEXANDER MACKENZIE AND MARGARET
SUTHERLAND WITH CONSENT BOTH HAVE ACCEPTED AND TAKEN AND BY THEIR
PRESENTS ACCEPT AND TAKE EACH FOR THEIR LAWFULL PROMISED SPOUSES AND
FAITHFULY JOINED AND OBLIGE THEM TO SOLOMENIZE AND COMPLETE THE HOLY
BOND OF MARRIAGE TOGETHER WITH ALL REQUISITE SOLOMENISES BETWIX AND
THE ------ DAY OF OCTOBER NEXT TO COME IN CONTENPLATION OF THE WHICH
MARRIAGE AND FOR THE LOCKER UNDERWRITEN THE SAID ALEXANDER MACKENZIE
OF ARDLOCH AND THE SAID WILLIAM LORD STRATHNAVER AS TAKING APON HIM
FULL BURDEN FOR THE SAID ALEXANDER MACKENZIE BINDS AND OBLIGES THEM
THEIR HEIRS AND SUCCESSORS TO DULY AND SUFFICIENTLY INFEFT AND SAISE THE
SAID MARGARET SUTHERLAND IN LIFERENT DURING ALL THE DAY OF HER LIFETIME
AFTER THE DOWERY OF THE SAID ALEXANDER MACKENZIE IN CASE SHE SHALL
HAPPEN TO SURVIVE HIM IN ALL AND HAILLE THE SUM OF THE FIVE HUNDRED AND
TWENTY FIVE MERKS SCOTS MONEY YEARLY UPLIFTABLE BY HER IN THE EVENT
FOURTH AT TWO TERMS IN THE YEAR BY EQUALL PROPORTIONS BEGINNING THE
FIRST TERMS PAYMENT OF THE SAID ANNUITIES AT THE FIRST TERM OF
WHITSUNDAY OR MARTIMAS AFTER THE DOWERY OF THE SAID ALEXANDER
MACKENZIE AND SO FORTH TO CONTINUE YEARLY THEREAFTER DURING THE SAID
LIFETIME AND THE SAID ALEXANDER MACKENZIE AND THE SAID RIGHT
HONOURABLE WILLIAM LORD STRATHNAVER AS BURDEN TAKEN FOR HIM BINDS
AND OBLIGES THEM AND THEIR ABOVE WRITEN TO DELIVER THE SAID SECURITIES IN
MANNER ABOVE WRITTEN DULY AND VALIDLY MADE INTO BETWIX AND THE TERM
OF WHITSUNDAY NEXT TO COME THE SAID LORD STRATHNAVER BEING ONLY BOUND
AS BURDEN TAKEN FOR THE LIFE RENT PROVISION TO THE SAID MARGARET
SUTHERLAND AND GO FURTHER AND THE SAID ALEXANDER MACKENZIE HERBY
DECLARES THAT THE LIFERENT PROVISION ABOVE WRITTEN IS NO WITTS TO JUDGE
THE SAID MARGARET SUTHERLAND ON HER RIGHT TO HER SHARE OF MOOVEABLES
AND CONCUR AS THE LAW DIRECTS THE SAME BEING REFERED ENTIRE TO HER
FURTHER THE SAID ALEXANDER MACKENZIE BINDS AND OBLIGES HIM HIS HEIRS
AND SUCCESSORS DULY AND SUFFICIENTLY TO PROVIDE AND SECURE THE HEIRS
MALE TO BE PROCREATE OF THE MARRIAGE IN THE SAME OF TWELVE THOUSAND
POUNDS SCOTS MONEY PAYABLE AT THE FIRST TERM OF WHITSUNDAY OR
MARTIMAS AFTER THE SAID ALEXANDER MACKENZIE HIS DEATH AND TO DELIVER
THE SAID SECURITY SO PROVIDED BETWIX AND THE FORM OF WHITSUNDAY ALSO
NEXT TO COME BUT IN ALLTHE SAID MARGARET SUTHERLAND SHALL DIE BEFORE
THE SAID ALEXANDER MACKENZIE AND THAT THE SAID ALEXANDER MACKENZIE
SHALL MARRY AGAIN THEN AND IN THAT CASE HE BINDS AND OBLIGES HIM HIS
HEIRS AND SUCCESSORS TO PAY YEARLY TO THE SAID HEIR MALE OR SON THE SUMS
OF THREE HUNDRED MERKS SCOTS MONEY BEGINNING THE FIRST TERMS PAYMENT
OF THE SAID SUMS AT THE FIRST TERM OF WHITSUNDAY OR MARTIMAS AFTER THE
DEATH OF THE SAID MARGARET SUTHERLAND AND ALEXANDER MACKENZIE AND IN
CASE THERE SHOULD BE ANY HEIRS MALE PROCREATED OF THE MARRIAGE AND
THERE SHOULD BE BUT ONE DAUGHTER THEN AND IN THAT CASE THE SAID
ALEXANDER MACKENZIE BINDS AND OBLIGES HIM AND HIS FOR FIRST TO PAY TO
THE SAID DAUGHTER OR HEIR FEMALE THE SUM OF SEVEN THOUSANT MERKS SCOTS
25. MONEY AND IN THE CASE OF TWO THREE OR MORE DAUGHTERS THE SUM OF NINE
THOUSANT MERKS MONEY FOR AND BETWIX THEM TO BE DIVIDED BY THE FATHER
AS HE SHALL THINK FIT ANYTIME IN HIS LIFETIME BUT IN CASE OF NO SUCH DIVISION
THE SAME SHALL BE MADE AT THE SIGHT OF TWO NEAREST OF KIN ON THE FURTHER
FIVE AND TWO OF THE NEAREST OF KIN ON THE MOTHER FIVE AND IN CASE THERE
BE NO HEIR MALE PROCREATED OF THE MARRIAGE AND THAT THERE BE ONE TWO
OR MORE DAUGHTERS OF THE DISOLUTION OF THE SAID MARRIAGE BY THE DEATH
OF THE SAID MARGARET SUTHERLAND THEN AND IN THE EVENT THE SAID
ALEXANDER MACKENZIE BINDS AND OBLIGES HIM AND HIS FOR SAIDS TO PAY THE
ANNUAL RENT OF THE FORTH PROVISIONS TO HIS SAID DAUGHTERS BEGINNING THE
FIRST TERMS PAYMENT THEREOF AT THE TERM OF WHITSUNDAY OR MARTIMAS
AFTER THE DEATH OF THE SAID MARGARET SUTHERLAND OR THE SAID ALEXANDER
MACKENZIE OR ANY OF THEM AT FIRST SHALL HAPPEN AND THE SAID PRINCIPAL
SUM TO BE PAID AT THEIR RESPECTIVE MARRIAGE OR MAJORITY EITHER THAT
SHALL FIRST HAPPEN FOR THE WHICH COMES AND ON THE OTHER PART THE SAID
WILLIAM SINCLAIR OF ------WICK AS BURDEN TAKEN FOR THE SAID MARGARET
SUTHERLAND AND AS DOWRY TO HER FOR THE SUM UNDERWRITTEN BINDS AND
OBLIGES HIM HIS HEIRS AND SUCCESSORS TO CONTEND AND PAY TO THE SAID
ALEXANDER MACKENZIE HIS HEIRS AND EXECUTORS OR ASSIGNEES THE SUM OF
THREE THOUSAND FIVE HUNDRED MERKS SCOTS MONEY AND AT THE TERM OF
WHITSUNDAY NEXT TO COME TO THE ONE AND ORDINARY ANNUAL RENT OF THE
SAID PRINCIPAL SUM THE TERM OF WHITSUNDAY LEFT BY PART UNTIL THE SAID
FORM OF PAYMENT AND YEARLY AND FORMELY THEREAFTER DURING THE NOT
PAYMENT THEREOF AND ITS HEREBY DECLARED THAT IN CASE THE MARRIAGE THE
MARRIAGE SHOULD DISOLVE BY THE DEATH OF EITHER OF THE SAID PARTIES WITHIN
YEAR AND DAY AFTER THE SAID MARRIAGE THAT THE JOINTURE AND LOCKER
HEREBY PROVIDED SHALL TAKE PLACE IN MANNER ABOVE WRITTEN ANY LAW OR
PRACTICE TO THE CONTRARY NOTWITHSTANDING RATIFY IT IS AGREED THAT
EXECUTION SHALL PASS FOR IMPRESSMENT OF THE SAID CONTRACT AGT THE SAID
ALEXANDER MACKENZIE AND WILLIAM LORD STRATHNAVER AT THE INSTANCE OF
JOHN SUTHERLAND OF HOWE JAMES BUDGE OF TACHNAGA JAMES SUTHERLAND OF
LANGWELL AND WILLIAM SINCLAIR OF ------WICK OR EITHER OF THEM AND BOTH
PARTIES BIND AND OBLIGE THEM THEIR FOR AND TO THE PERFORMANCE OF THE
RESPECTIVE PARTS OF THE PROMISE AS UNDER THE PENAL OF EIGHT HUNDRED
POUNDS SCOTS MONEY AT TO FOR NAMED AND FOR THE MORE SECURITIES WE
CONCENT TO THE REGISTRATION IN THE BOOKS OF COUNCIL SESSION OR ANY OTHER
JUDGES BOOKS THAT ALL EXECUTION NOWSTANDING MAY PASS HEREON AS
AFFAIRS AND TO THAT EFFECT WE CONSTITUTE. OUR PROCULATORS IN WITNESS
WHEREOF WE HAVE SUBSCRIBED THESE PRESENTS WRITTEN ON THIS AND THE
PRECEEDING TWO PAGES OF STAMPED PAPER BY MR WILLIAM SCOBIE MINISTER OF
THE GOSPEL AT ASSINT PLACE AND INSERT IN THE FIRST PAGE BY ONE OF THESE
WITNESSES JAMES SINCLAIR OF DUMBEATH KENNETH MACKENZIE BROTHER
GERMAN TO THE SAID ALEXANDER MACKENZIE OF ARDLOCH KENNETH
SUTHERLAND BAYLIE OF DORNOCH AND MR WILLIAM SCOBIE . SIGNED ALEXANDER
MACKENZIE MARGARET SUTHERLAND JAMES SINCLAIR KENNETH MACKENZIE
KENNETH SUTHERLAND WILLIAM SCOBIE AND SINCLAIR AND STRATHNAVER
GD305/1/128/17. IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDED BETWIXT
THE PARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE IN THE SERVICE OF
THE HONOURABLE EAST INDIA COMPANY ON THE ONE PART AND MISS KATHERINE
26. SUTHERLAND ELDEST LAWFULL DAUGHTER OF THE DECEAST COLL.JAMES
SUTHERLAND OF UPPAT WITH THE ADVICE AND CONSENT OF CAPTAIN GEORGE
SACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMAN ON THE OTHER PART IN
MANNER FOLLOWING THAT IS TO SAY THE SAID COLL ROBERT MACKENZIE AND MISS
KATHERINE SUTHERLAND HAVING CONCURRED A MUTUAL LOVE AND AFFECTION
FOR ONE ANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OF EACH OTHER FOR
LAWFULL SPOUSES AND HEREBY BIND AND OBLIGE THEM TO SOLEMISE THE HOLY
BONDS OF MATRIMONY WITH ALL CONCONCIENT SPEED IN CONTEMPLATION OF
WHICH MARRIAGE THE SAID COLL ROBERT MCKINZIE HEREBY BINDS AND OBLIGES
HIM HIS HEIRS EXECUTERS AND SUCCESSORS TO CONTENT AND PAY TO THE SAID
MISS KATHERINE SUTHERLAND IN THE EVENTS OF HER SURVIVING HIM AND
INDEPENDENT OF THE ADDITION THERETO IN THE EVENT HEREIN AFTER MENTIONED
ALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDRED POUNDS STERLING
AND THAT AT TWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUALL
PORTIONS BEGINNING THE FIRST TERMS PAYMENT THEREOF THE FIRST SUM OF
WHITSUNDAY ON MARTINMAS AFTER HIS DECEASE FOR THE HALF YEAR
PRECEEDING AND SO ON HALF YEARLY DURING ALL THE DAYS OF HER LIFETIME
WITH A FIFTH PART MORE OF EACH TERM PAYMENT OF LIQUIDATE PENALTY
INCREASE OF HAILLE AND THE DUE AND ORDINARY ANNUAL RENT THEREOF
THEREAFTER DURING THE NOT PAYMENT AND FURTHER THE SAID COLL.ROBERT
BINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OF ONE CHILD MALE OR
FEMALE BEING PROCREATED OF THIS MARRIAGE BETWIXT HIM AND THE SAID MISS
KATHERINE SUTHERLAND TO CONTEND AND PAY TO SUCH CHILD THE SUM OF THREE
THOUSANT POUNDS STERLING TWO CHILDREN MALE OR FEMALE THE SUM OF TWO
THOUSANT POUNDS STERLING EACH AND IF THREE OR MORE CHILDREN THE SUM OF
SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TO RECEIVE OF THAT SUM OF
THREE THOUSAND POUNDS STERLING AND THE REMAINING THREE THOUSAND
POUNDS STERLING TO BE DIVIDED AMONGST THE YOUNGER CHILDREN IN SUCH
PROPORTIONS AS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAY THINK
PROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT AND AGAINST THE FIRST
TERM OF WHITSUNDAY OR MARTINMAS AFTER HIS DECEASE WITH A FIFTH PART
MORE OF EACH CHILD PROVISION OF LIQUIDATE PENALTY IN CASE OF HAILLE AND
THE DUE AND ORDINARY ANNUAL RENT THEREOF THEREAFTER DURINGTHE NOT
PAYMENT BUT DECLARING THAT INTHE EVENT OF THE SAID COLL ROBERT
MCKINZIES PREDECEASING THE SAID MISS KATHERINE SUTHERLAND AND THAT THE
DISSOLUTION THE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERE SHOULD BE
AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIME THEM THAT CASE THE
SAID COLL.ROBERT MCKINZIE PROVIDES HER IN AND SHE SHALL BE ENTITLED TO
RECEIVE AND IS HEREBY EMPOWERED TO DEMAND AND RECEIVE THE INTEREST OF
THE SAID SIX THOUSANT POUNDS STERLING PROVIDED TO THE CHILDREN OF THE
MARRIAGE IN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT IN THE EVENT
OF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIE BEFORE THE SAID MISS
KATHERINE SUTHERLAND AND THAT THERE SHOULD BE ONE OR MORE CHILDREN OF
THE MARRIAGE ENDING AT THE TIME AND THAT THERE SHOULD BE A DEFICIENCY IN
HIS FUNDS FOR ANSWERING THE SEVERAL PROVISIONS IN THEIR FAVOUR BEFORE
MENTIONED AND PAYING THE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING
TO THE SAID KATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALL IN THE
MEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILL THE DECEASED OF THE
SAID MISS KATHERINE SUTHERLAND AND THAT IN EVERY EVENT THE SUM OF FOUR
27. THOUSAND POUNDS STERLING SHALL REMAIN CLEAR AND UNTOUCHED FOR
ANSWERING THE SAID ANNUITY DURING ALL THE DAYS OF HER LIFETIME AND FOR
THE FURTHER SECURITY OF THE SAID MISS KATHERINE SUTHERLAND FOR PAYMENT
OF THE SAID EVENTUALL ANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OF
THE MARRIAGE BEFORE MENTION THE SAID COLL. ROBERT MCKINZIE ASSIGNS AND
CONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITY AFTER MENTIONED WITH
THE SECURITIES THEREFORE AS WILL COMPLETELY SATISFY AND PAY THE SAME VIZ.
THE SUM OF SIXTY SEVEN THOUSANT EIGHT HUNDRED AND EIGHT DINA RUPEES
VESTED BY ME IN THE EIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIES BY
SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OF MAY ONE THOUSANT
SEVERAL HUNDRED AND NINETY THREE AND THE LAST DATED THE FIRST DAY OF
NOVEMBER ONE THOUSANT EIGHT HUNDRED YEAR ALL AS CONTAINED IN AN
ACCOUNT CURRENT BETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HIS
AGENTS AT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUM OF TWENTY
THOUSANT DIVA RUPEES VESTED BY HIM IN THE SAID GOVERNMENT SECURITIES
BEING NUMBER FORTY EIGHT OF THE DECENNIAL LOAN OBLIGATION DATED THE
SIXTEENTH DAY OF NOVEMBER ONE THOUSAND SEVEN HUNDRED AND NINETY
EIGHT AND ALSO STOCK TO THE AMOUNT OF EIGHT THOUSANT ONE HUNDRED AND
FORTY ONE POUNDS VESTED BY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS
OF GREAT BRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMAS COUTTS
AND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNT CURRENT WITH HIM
THERE ANENT ENDING THE SIXTEENTH DAY OF MAY LAST AND WHICH AMOUNT ARE
SIGNED BY THE PARTIES OF THIS DATE AS RELATIVE HERETO AND IN WHICH LAST
SUM IS INCLUDED THE SUM OF SIX HUNDRED POUNDS STERLING VESTED IN THE SAID
FUNDS SINCE THAT PERIOD WITH POWER TO THE SAID MISS KATHERINE
SUTHERLAND IN THE EVENT OF HER SURVIVING THE SAID AFFIDATE SPOUSE OUT OF
BOTH ARE EITHER OF THE SAID FUNDS THE SAID YEARLY ANNUITY ACCEPTS AND
DISCHARGES TO GRANT THEREFORE AND GENERALLY EVERY OTHERTHING
THEREANENT TO DO THAT HE COULD HAVE DONE HIMSELF DURING HIS LIFETIME
AND IF SHE SHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERT MCKINZIE
BINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVEST THE SAID SUM OF FOUR
THOUSANT POUNDS STERLING IN THE BRITISH FUNDS IN HER NAME TO----------------
THE SAID -------------- ANNUITY AND TO LAY OUT THE SAME OR HERITABLE SECURITY
AND TO TAKE THE SECURITY THEREFORE PAYABLE TO HER IN LIFERENT DURING ALL
THE DAYS OF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGE IN THE
EVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR IN PART AS
CIRCUMSTANCES MAY BE THEIR SAID PROVISION DECLARING ALSO THAT THE
CHILDREN TO BE PROCREATE OF THE MARRIAGE SHALL DURING THE LIFE OF THEIR
FATHER BE MAINTAINED AND EDUCATED SUITABLE O THEIR STATION BY HIM AND IN
THE EVENT OF HIS DECEASE PREVIOUS TO THEIR ARRIVING AT THE YEARS OF
MAJORITY THAT THEIR SAID MOTHER SHALL BE THEIR TUTORS AND CURATORS AND
SHALL UPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THE MONEYS BEFORE
PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THE AGE OF FIFTEEN YEARS IF MALE
CHILDREN ON THEIR MAJORITY AT MARRIAGE IF FEMALE IN LIEU OF THEIR
EDUCATION AND MAINTAINANCE AND FURTHER THE SAID COLL. ROBERT MCKINZIE
IN THE EVENT OF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIM ASSIGNS
CONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEES AS HER OWN
UNDOUBTED PROPERTY THE WHOLE HOSEHOLD FURNITURE AND PLENISHING OF
EVERY DENOMINATION BED AND TABLE LINEN ------- AND TABLE CHINA
28. SILVERPLATE AND IN GENERALL EVERY ARTICLE OF HOUSEHOLD OF FURNITURE
AND PLENISHING THAT SHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNION
BETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSING WITH THE GENERALITY
HEREOF AND ADMITTING THE SAME TO BE EQUALLY GOOD VALID AND SUFFICIENT
AS IF EVERY ARTICLE THEN BELONGING TO HIM WERE HEREIN PARTICULARY
INSERTED MOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBY RENOUNCES AND
GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORS ANY CLAIM OR TITLE HE MIGHT
HAVE JURE MARITE OR OTHERWAYS TO ANY MONEY MEANS OR EFFECTS PRESENTLY
BELONGING TO THE SAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAY
HEREAFTER HAVE RIGHT ANY MANNER OF WAY AND PARTICULARY WITHOUT
PREDUDICE TO THE GENERALITY FORESAID TO A BOND FOR FIVE HUNDRED POUNDS
STIRLING GRANTED TO HER BY SIR EWEN BAILLIE OF THE EAST INDIA COMPANY
SERVICE AND TO ANY CLAIM OF PROVISION MADE IN HER FAVOUR BY HEIRS AND
DECEASED FATHER DECLARING THE SAME HER OWN PROPERTY AND AS HER
DISPOSAL IN ANY MANNER SHE MAY THINK PROPER WITHOUT HIS CONCENT ARE
APPROBATION AND FURTHER THE SAID COLL.ROBERT MCKENZIE DISPONES CONVEYS
AND MAKES OVER FROM HIM HIS HEIRS AND SUCCESSORS TO AND IN FAVOUR OF THE
SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEES
WHOMSOEVER UNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEU DUTY
PAYABLE OUT THEREOF HERITABLE AND IRREDEEMABLE ALL AND HAILLE THAT
HOUSE LYING IN THE VILLAGE OF NEW TARBET CALLED MILMOUNT CALLED
MILLMOUNT WICH THE GARDEN BACK CLOSE AND WHOLE PARTS PENDICLES AND
PERTINENTS THERETO BELONGING BOUNDED ON THE WEST BY THE HIGH ROAD
LEADING THROUGH MILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THE
SAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HIS RIGHTS AND
INFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIR AND COUNTY OF
ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHT OF PROPERTY AND
POSSESSION WHICH HE CAN CLAIM OR PRETEND THERETO ANY MANNER OF WAY IN
WHICH HOUSE WITH THE GARDEN AND PERTINENTS BEFORE MENTIONED THE SAID
COLL.ROBERT MCKINZIE BIND AND OBLIGES HIM HIS HEIRS SUCCESSORS TO INFEFT
AND LEASE THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE
HERITABLE AND IRREDEEMABLE AND THAT BY RESIGNATION OR CONFIRMATION OR
BOTH THE ONE WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THE SAID
INFEFTMENT BY RESIGNATION HEREBY MAKES AND CONSTITUTES AND EACH OF
THEM CONLLIE AND SEALLIE HIS UNDOUBTED ---- AND COMMISSIONERS TO THE
OFFICE UNDER WRITEN GIVING GRANTING AND COMMITTING TO THEM FULL POWER
WARRANT AND COMMISSION FOR HIM AND IN HIS NAME TO COMPEAR HEREFOR HIS
IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTS OR THEIR COMMISSIONERS
HAVING POWER TO RECEIVE RESIGNATIONS AND TO GRANT NEW INFEFTEMENTS
THEREON AND THAT UPON THE GROUND THEREOF AT ANY TIME LAWFULL AND
CONVENIENT AND THEM AND THERE WITH ALL DUE REVERENCE AND HUMILITY AS
BECOMES PURELY AND SIMPLY BY STAFF AND BATTON AS USE IS TO RESIGN AND
SURRENDER LIKEAS THE SAID COLL. ROBERT MCKINZIE HEREBY RESIGNS
RENOUNCES SURRENDERS UP GIVES OVER GIVES AND DELIVERS ALL AND HAILLE
THE HOUSE GARDEN AND PERTINENTS CALLED MILLMOUNT LYING IN THE SAID
VILLAGE OF MILMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS
AFORESAID AS DESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSA OR AS
THE SAME ARE MORE PARTICULARY BOUNDED AND DESCRIBED IN HIS RIGHTS AND
INFEFTMENTS THEREOF INTO THE HANDS OF HIS IMMEDIATE LAWFULL SUPERIORS
29. THEREOF IN FAVOUR AND FOR NEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN
AND GRANTED TO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE IN
SUCH DUE AND COMPETENT FORM AS OFFERS ALL INSTRUMENTS AND DOCUMENTS
THEREAPON TO TAKE AND GENERALLY EVERY OTHERTHING THEREANNENT TO DO
WHICH HE COULD DO HIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBY
PROMISES TO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICH DISPOSITION
AND SUBJECTS THEREBY CONVEYED THE SAID COLL. ROBERT MCKINZIE BINDS AND
OBLIGES HIM HIS HEIRS AND SUCCESSORS TO WARRANT TO THE SAID MISS
KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE AND HER FORESAIDS AS ALL HANDS
AND AGAINST ALL DEADLY AS LAW WILL AND HEREBY MAKES AND CONSTITUTES
THE SAID MISS KATHERINE SUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS
AND ASSIGNEES NOT ONLY IN AND TO THE RENTS MAILLS AND DUTIES THEREOF IN
TIME COMING BUT ALSO IN AND TO THE TITLES WRITS AND EVIDENTS THEREOF
CONCEIVED INFAVOUR OF HIM HIS PREDECESSORS OR AUTHORS AND WHICH
ASSIGNATION ABOVE WRITEN HE HEREBY BINDS AND OBLIGES HIM AND HIS
FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FAR AS CONCERNS THE WRITS AND
EVIDENTS AS ALL HANDS AND AGAINST ALL DEADLY AS LAW WILL AND IN SO FAR
AS CONCERNS THE RENTS MAILLS AND DUTIES FROM HIS OWN PROPER FAILS AND
DEEDS ALL NAMELY AND IT IS HEREBY AGREED UPON BETWIX THE PARTIES THAT
EXECUTION SHALL PASS HEREON AT THE INSTANCE OF THE SAID CAPTAIN GEORGE
SACKVILLE SUTHERLAND ROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENT
AND COLL. ALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE OR MORE OF THEM
OR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIE FOR IMPLEMENT AND
PERFORMANCE IN FAVOUYR OF THE SAID MISS KATHERINE SUTHERLAND AND THE
ISSUE OF THE SAID MARRIAGE OF THE PROVISION AND PRESTATIONS ABOVE WRITEN
CONCEIVED IN THEIR FAVOUR AND DECLARING THAT THE PRESENT MARRIAGE
SHOULD ABSOLVE ------- YEARS AND DAY FROM THE SOLEMNIZATION THEREOF
WITHOUT A LIVING CHILD BEING HEARD BUT YET THIS PRESENT CONTRACT SHALL
SUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THE SAID MISS KATHERINE
SUTHERLAND ANY LAW OR PRACTICE TO THE CONTRARY NOTWITHSTANDING AND
THEY CONSENT TO THE RESIGNATION HEREOF IN THE BOOKS OF COUNCIL AND
SESSION OTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND IF NEED
BE THAT ALL EXECUTION NECESSARY MAY PASS AND BE DIRECT HEREIN AS OFFERS
AND THERETO THEY CONSTITUTE THEIR PROCULATORS AND COMMISSIONERS ALL
TO THE EFFECT THE SAID MISS KATHERINE SUTHERLAND MAY BE INFEFT AND
LEASED IN THE SAID HOUSE GARDEN AND PERTINENTS THE SAID COLL.ROBERT
MCKINZIE HEREBY DESIRES AND REQUIRES YOU AND EACH OF YOU CONLLIE AND
SEALLIE HIS BAILLIES IN THAT PART HEREBY SPEEDILY CONSTITUTE THESE
PRESENTS -------- PASS TO THE SAID SUBJECTS AND THERE GIVE AND DELIVER TO THE
SAID MISS KATHERINE SUTHERLAND HERITABLE STATE AND SASINE REAL AND
ACTUALL AND CORPOREAL POSSESSION OF ALL AND HAILLE THE HOUSE GARDEN
AND PERTINENTS BEFORE DESCRIBED OR AS THE SAME ARE MORE PARTICULARY
DESCRIBED IN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELD AS
REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THE SAID VILLAGE OF
MILLMOUNT OF NEW TARBET PARISH OF KILMUIR AND COUNTY OF ROSS WITH THE
WHOLE PARTS PENDICLES AND PERTINENTS THERETO BELONGING AND THAT BY
DELIVERING TO THE SAID MISS KATHERINE SUTHERLAND OR HER ATTORNEY OR
ATTORNEYS WHOM NAME BEARER HEREOF
------------------------------------------------------------------------------------------------------ SYMBOLLS
30. USUALL AND NECESSARY BUT ALWAYS UNDER THE BURDEN OF THE FEU DUTY
PAYABLE OUT THEREOF AND THIS IN NOWAYS LEAVE UNDONE THE WHICH TO DO
THE SAID COLL. ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOU CONLLIE
AND SEALLIE AS SAID IS HIS FULL POWER BY THIS HIS PRECEPT OF SASINE DIRECTED
TO YOU FOR THAT EFFECT IN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBED
THESE PRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOF WROTE UPON THIS
AND THE SIX PRECEEDING PAGES OF PAPER DULY STAMPED WORDING TO LAW BY
THOMAS SUTER SHERIFF CLERK OF ROSS BRAILANGWELL THE FIFETEENTH DAY OF
AUGUST 1801 YEARS BEFORE THESE WITNESSES THE SAID COLL.ALEXANDER BAILLIE
OF KNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THE SAID THOMAS SUTER
WRITER HEREOF. ROBERT MCKINZIE KATHARINE SUTHERLAND GEORGE SACKVILLE
SUTHERLAND ALEXANDER BAILLIE WITNESS ALEXANDER BAILLIE HIS SON WITNESS
THOMAS SUTER WITNESS RD/14/118/765. 24TH JUNE 1778 CONTRACT MATRIMONIAL.
BETWEEN ALEXANDER MACKENZIE OF ARDLOCH AND MISS MARGARET
SUTHERLAND 1732. EDITED 24 JUNE 1778 PRESENTED BY RODERICK MCLEOD WRITEN
IN EDINBURGH. REGISTERED BY DAVID RAE AND JAMES BOSWELL. 152 BOOKED. AT
LANGWELL THE SIXTEENTH DAY OF SEPTEMBER 1732. IT IS APPOINTED CONTRACTED
FINALLY AND MATRIMONALLY AGREED AND ENDED BETWEEN THE PARTIES
FOLLOWING VIZ. ALEXANDER MACKENZIE YOUNGER OF ARDLOCH TO THE SPECIAL
ADVICE AND CONSENT OF THE RIGHT HONOURABLE WILLIAM LORD STRATHNAVER
AND THE SAID LORD STRATHNAVER TAKING APON HIM FULL BURDEN FOR THE SAID
ALEXANDER MACKENZIE OF ARDLOCH ON THE ONE PART AND MARGARET
SUTHERLAND LAWFULL DAUGHTER TO THE DEWAFT CAPTAIN ROBERT SUTHERLAND
OF LANGWELL WITH THE SPECIAL ADVICE AND CONCENT OF WILLIAM SINCLAIR OF
------WICK AND THE SAID WILLIAM SINCLAIR OF -------WICK TAKING APON HIM
BURDEN FOR THE SAID MARGARET SUTHERLAND ON THE OTHER PART IN MANNER
FOLLOWING THAT IS TO SAY THE SAID ALEXANDER MACKENZIE AND MARGARET
SUTHERLAND WITH CONSENT BOTH HAVE ACCEPTED AND TAKEN AND BY THEIR
PRESENTS ACCEPT AND TAKE EACH FOR THEIR LAWFULL PROMISED SPOUSES AND
FAITHFULY JOINED AND OBLIGE THEM TO SOLOMENIZE AND COMPLETE THE HOLY
BOND OF MARRIAGE TOGETHER WITH ALL REQUISITE SOLOMENISES BETWIX AND
THE ------ DAY OF OCTOBER NEXT TO COME IN CONTENPLATION OF THE WHICH
MARRIAGE AND FOR THE LOCKER UNDERWRITEN THE SAID ALEXANDER MACKENZIE
OF ARDLOCH AND THE SAID WILLIAM LORD STRATHNAVER AS TAKING APON HIM
FULL BURDEN FOR THE SAID ALEXANDER MACKENZIE BINDS AND OBLIGES THEM
THEIR HEIRS AND SUCCESSORS TO DULY AND SUFFICIENTLY INFEFT AND SAISE THE
SAID MARGARET SUTHERLAND IN LIFERENT DURING ALL THE DAY OF HER LIFETIME
AFTER THE DOWERY OF THE SAID ALEXANDER MACKENZIE IN CASE SHE SHALL
HAPPEN TO SURVIVE HIM IN ALL AND HAILLE THE SUM OF THE FIVE HUNDRED AND
TWENTY FIVE MERKS SCOTS MONEY YEARLY UPLIFTABLE BY HER IN THE EVENT
FOURTH AT TWO TERMS IN THE YEAR BY EQUALL PROPORTIONS BEGINNING THE
FIRST TERMS PAYMENT OF THE SAID ANNUITIES AT THE FIRST TERM OF
WHITSUNDAY OR MARTIMAS AFTER THE DOWERY OF THE SAID ALEXANDER
MACKENZIE AND SO FORTH TO CONTINUE YEARLY THEREAFTER DURING THE SAID
LIFETIME AND THE SAID ALEXANDER MACKENZIE AND THE SAID RIGHT
HONOURABLE WILLIAM LORD STRATHNAVER AS BURDEN TAKEN FOR HIM BINDS
AND OBLIGES THEM AND THEIR ABOVE WRITEN TO DELIVER THE SAID SECURITIES IN
MANNER ABOVE WRITTEN DULY AND VALIDLY MADE INTO BETWIX AND THE TERM
OF WHITSUNDAY NEXT TO COME THE SAID LORD STRATHNAVER BEING ONLY BOUND