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HERITABLE

BOND OF CORROBORATION

THE

HONOURABLE MRS MACKENZIE OF CROMARTY IN FAVOUR OF ALEXANDERMACKENZIE ESQUIREOF ROYSTON

REFERENCE

SCOTTISH RECORD OFFICE EDINBURGH GD305 1 117 451

YEAR 1825

I THE

HONOURABLE MRS MARIA MURRAY HAY MACKENZIE OF CROMARTYCONSIDERING THAT THEDECEASED GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OFCROMARTY BY A DISPOSITIONAND TAILZIE DATED THE TWENTY EIGHTH DAY OF NOVEMBER SIXTEENHUNDRED AND EIGHTYEIGHT YEARS PRESENTED AND DISPONED TO SIR JAMES MACKENZIEOF OF ROYSTON THEREINDESIGNED MR JAMES MACKENZIE HIS THIRD LAWFUL SON NOWDECEASED AND THE HEIRSMALE LAWFULLY TO BE PROCREATED OF HIS BODY WHOM FAILING TOKENNETH AFTERWARDSSIR KENNETH MACKENZIE OF GRANDVILLE SINCE DECEASED SECONDLAWFUL SON OF THESAID VISCOUNT OF TARBAT AND THE HEIRSMALE LAWFULLY TO BE PROCREATED OF HIS BODY WHOMFAILLING TOJOHN MASTER OFTARBAT AFTERWARDS EARL OF CROMARTY THEN ELDEST SON OF THESAID VISCOUNT OFTARBAT AND THE HEIRS MALE LAWFULLY PROCREATED OR TO BEPROCREATED OF HIS BODYWHOM FAILING TO THE OTHER HEIRS MALE LAWFULLY PROCREATED ORTO BE PROCREATED OFTHE BODY OF THE SAID VISCOUNT OF TARBAT WHOM FAILING TO ANYOTHER PERSON ORPERSONS TO BE NOMINATED AND APPOINTED BY THE SAID VISCOUNTWHOM FAILING TO HISOWN NEAREST HEIRS MALE WHATSOEVER WHOMFAILING TO HIS OWNNEAREST HEIRS ANDASSIGNEES WHATSOEVER ALL AND WHOLE THE LANDS OF EASTERGRANTOWN AND OTHERSTHEREIN MENTIONED LYING IN THE SHERIFFDOM OF EDINBURGHWHICH WERE UNITED ERECTEDAND INCORPORATED INTO A FREE BARONY CALLED THE BARONY OFROYSTON BUT UNDER THEUSUAL PROHIBITORY IRRITANT AND RESOLUTIVE CLAUSES OF ASTRICT ENTAIL AGAINSTALIENATING THE ESTATE CONTRACTING DEBTS THEREAPON ALTERINGTHE DESTINATION OROTHERWISE DEFEATING THE SETTLEMENT UPON WHICH TAILZIE ACHARTER AND INFEFTMENTWERE EXPEDE AND PASSED IN THE YEAR SIXTEEN HUNDRED ANDNINETY FOUR THAT THESAID SIR JAMES MACKENZIE WHO WAS AFTERWARDS ONE OF THESENATORS OF THE COLLEGEOF JUSTICE BY THE TITLE OF LORD ROYSTON DID IN THE YEARSEVENTEEN HUNDRED ANDTHIRTY NINE WITH CONCURRENCE OF GEORGE MACKENZIE HIS SONWHO AFTERWARDSPREDECEASED HIM APPLY FOR AND OBTAIN AN ACT OF PARLIAMENTAUTHORIZING A SALE OFTHE SAID ESTATE FOR DISCHARGING SUNDRY DEBTS SAID TO AFFECTIT WHICH IT WASINTER ALIA ENACTED THAT THE SURPLUS REMAINING OF THE PRICEAFTER PAYMENT OF THESAID DEBTS SHOULD BE APPLIED AND AND DISPOSED OF IN THEPURCHASE OF OTHER LANDSAND HEREDITAMENTS IN FEE SIMPLE AND WHICH SAID OTHER LANDS-------- SHOULDIMMEDIATELY AFTER THE PURCHASE BE SETTLED DISPOSED ANDPROVIDED TO AND FOR THEUSE AND BEHOOF OF THE SAID SIR JAMES MACKENZIE OF ROYSTONAND THE OTHERSURVIVING HEIRS OF ENTAIL ACCORDING TO THEIR DIFFERENTRIGHTS AND INTERESTS ANDIN THE SAME ORDER AND COARSE OF SUCCESSION SECUREDASCERTAINED AND ESTABLISHEDTO AND FOR THEM RESPECTIVELY IN AND BY THE SAID DEED OFTAILZIE AS FAR AS THESAME MIGHT BE CAPABLE OF TAKING AFFECT WITH THE POWER ANDSUBJECT TO TO THERESTRICTED AND LIMITATIONS THEREIN CONTAINED AND IN THEMEANTIME UNTIL SUCHPURCHASE COULD BE MADE THE SAID RESIDUE AND SURPLUS WASTHEREBY DIRECTED TO BEPLACED OUT OF INTERESTS UPON REAL OR OTHER SUFFICIENTSECURITY THAT INPURSUANCE OF THE SAID ACT OF PARLIAMENT THE SAID ESTATE OFROYSTON WAS SOLD TOTHE NOW DECEASED JOHN DUKE OF ARGYLE WHO PAID THE PRICETHEREOF TO THE SAID SIRJAMES MACKENZIE BUT THE SAID SIR JAMESMACKENZIE HAVING DIED WITHOUT LEAVING THEIRS MALE OF HISBODY THE SURPLUS PRICEOF THE SAID ESTATE AFTER PAYMENT OF DEBTS DESCENDED TO SIRGEORGE MACKENZIE OFGRANDVILLE ELDEST SON OF KENNETH MACKENZIE THE SECOND SONOF THE ENTAILER WHOWAS ACCORDINGLY UPON THE TWENTIETH DAY OF OCTOBER SEVENTEENHUNDRED AND FORTYSIX SERVED HEIR OF TAILZIE AND PROVISION IN GENERAL TO THESAID SIR JAMESMACKENZIE HIS UNCLE AND APON THAT TITLE HE BROUGHT ANACTION BEFORE THE COURTOF SESSION AGAINST SIR JOHN STEWART OF GRANDTULLY THEGRANDSON AND HEIR OF LINEOF THE SAID SIR JAMES MACKENZIE AND AGAINST CERTAINTRUSTEES APPOINTED BY THEABOVE MENTIONED ACT OF PARLIAMENT FOR ACCOUNTING TO HIM FORTHE PRICE OF THESAID ESTATE OF ROYSTON AND SIR GEORGE HAVING DIEDstyle='mso-spacerun:yes'>

THE DESCENDANCE SIR KENNETHMACKENZIE OF GRANDVILLE HIS BROTHER WAS APON THE EIGHTH DAYOF NOVEMBERSEVENTEEN HUNDRED AND FIFTY THREE SERVED HEIR OF TAILZIEAND PROVISION INGENERAL TO HIM AND AFTERWARDS INSISTED IN THE SAID ACTIONWHICH WAS FINALLYCLOSED BY A DECREE BEARING SUNDRY DATES AND THE LAST OFWHICH IS THE TWENTYSIXTH DAY OF JANUARY SEVENTEEN HUNDRED AND FIFTY EIGHTYEARS WHEREBY THE LORD FOUNDINTER ALIA THAT AFTER DEDUCTION AND ALLOWANCE OF THE DEBTSMENTIONED IN THESAID DECREET THERE REMAINED A FREE RESIDUE OF THE PRICE OFTHE SAID ENTAILEDESTATE AMOUNTING TO FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEENSHILLINGS AND NINE PENCE ONE THIRD OF A PENNY STERLING ANDFOUND THAT THE SAIDRESIDUE OR SURPLUS OF THE SAID PRICE MUST BE LAID OUT ANDEMPLOYED FOR THE USEAND BEHOOF OF THE SAME PERSONS AND IN LIKE MANNER IN ALLRESPECT AS THEENTAILED ESTATE OF ROYSTON WAS SETTLED BY THE SAID DEED OFENTAIL AND PURSUENTTO THE DIRECTIVE OF THE SAID ACT AUTHORIZING THE SALETHEREOF AND DESCERNED ANDORDAINED THE SAID SIR JOHN STEWART AS REPRESENTING THE SAIDSIR JAMES MACKENZIEHIS GRANDFATHER ON THE PASSIVE TITLES TO MAKE PAYMENT OFTHE SAID SUM OF FOURTHOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEENSHILLINGS AND NINE PENCEONE THIRD OF A PENNY STERLING TO BE ACCORDINGLY LAID OUTAND EMPLOYED INCONFORMITY TO THE SAID DEED OF ENTAIL AND THE DIRECTIONS OFTHE SAID ACT OFPARLIAMENT AT THE SIGHT OF AND BY THE APPROBATION OF THECOURT OF SESSION THATTHE SAID KENNETH MACKENZIE OF GRANDVILLE HAVING DIED SOONAFTER THE DECREEABOVE MENTIONED WAS PRONOUNCED WITHOUT MALE ISSUE THESUCCESSION TO THE SAIDRESIDUE OF THE PRICE OF THE ESTATE OF ROYSTON OPENED TO ANDDEVOLVED UPON OURSOVEREIGN LORD THE KING AS IN RIGHT OFJOHN MACLEOD COMMONLY CALLED JOHN LORDMACLEOD AND CASTLEHAVEN THE ELDEST SON OF GEORGE EARL OFCROMARTY WHO WAS THEELDEST SON AND HEIR MALE OF THE BODY OF JOHN MASTER OFTARBAT THE SUBSTITUTESECOND IN ORDER IN THE TAILZIE ABOVE MENTIONED AND THATTHROUGH THE ATTAINDEROF THE SAID EARL OF HIGH TREASON AND THE EIGHT OF THE SAIDRESIDUE DID REMAINSO VESTED IN THE CROWN UNTIL BY THE DEATH OF THE SAID JOHNLORD MACLEOD ANDCASTLEHAVEN IN THE YEAR SEVENTEEN HUNDRED AND EIGHTY NINETHE ATTAINED BLOOD OFTHE SAID GEORGE EARL OF CROMARTY BECAMEEXTINCT THAT UPON THE DEVOLUTION OF THE RIGHT OF THE CROWNUPON LORD MACLEODSDEATH THE SUCCESSION TO THE SAID RESIDUE OF THE PRICE OFTHE ESTATE OF ROYSTONOPENED TO THE DECEASED KENNETH MACKENZIE OF CROMARTY ASTHEN HEIR MALE OF JOHNMASTER OF TARBAT BEING THE ELDEST SON OF RODERICK MACKENZIEWHO WAS SECOND SONOF THE SAID JOHN MASTER OF TARBAT THAT THE SAID KENNETHMACKENZIE WHO WAS ALSOHEIR OF TAILZIE AND PROVISION OF JOHN LORD MACLEOD IN THEESTATE OF CROMARTYHAVING RAISED AND PURSUED AN ACTION AT HIS INSTANCE IN THECOURT OF SESSIONAGAINST ARCHIBALD LORD DOUGLAS DAME ISABELLA STEWART ORHENDERSON RELICT OF THEDECEASED SIR ROBERT HENDERSON OF FORDEL BARONET ANDstyle='mso-spacerun:yes'> SIR JOHNHENDERSON OF FORDEL BARONET SIR JOHNSTEWART OF GRANDTULLY BARONET AND THE OFFICERS OF STATE FORHIS MAJESTIESINTEREST FOR ASCERTAINING HIS RIGHT TO AND RECOVERINGPAYMENT OF THE SAIDRESIDUE THE LORDS OF COUNCIL AND SESSION BY THEIR FINALDECREET OF REVERSIONDATES THE LAST OF WHICH IS THE ELEVENTHDAY OF JULY SEVENTEEN HUNDRED AND NINETY FIVE INTER ALIADESCERNED AND ORDIANEDTHE SAID SIR JOHN STEWART DEFENDER IN THE SAID ACTION TOMAKE PAYMENT TO THESAID KENNETH MACKENZIE OF THE FORESAID SUM OF FOUR THOUSANDEIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENCE ONETHIRD OF A PENNYSTERLING WITH INTEREST AS THEREIN MENTIONED IN ORDER THATTHE SAME MIGHT BEPAID INTO EXCHEQUER TO ACCOUNT OF THE SUM DUE TO GOVERNMENTBY THE ESTATE OFCROMARTY UPON AN ASSIGNATION OF THE SUMS SO PAID TO BEGRANTED TO THE SAIDKENNETH MACKENZIE THE PURSUERS AND THE HEIRS MALE OF HISBODY WHOM FAILING TOTHE OTHER HEIRS OF ENTAIL OF THE SAID ESTATE OF ROYSTONTHAT THE SAID SUMOF FOURTHOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINE PENCE ONETHIRD OF A PENNYSTERLING WAS ACCORDINGLY PAID INTOEXCHEQUER ON THE EIGHTEENTH DAY OF SEPTEMBER SEVENTEENHUNDRED AND NINETY FIVETO ACCOUNT OF THE SAID DEBT DUE TO GOVERNMENT OUT OF THE ESTATE OFCROMARTY AND A RECEIPT WASGRANTED THEREFORE BY THE DEPUTY KINGS REMEMBERANCE TO THETHE SAID SIR JOHNJOHN STEWART BUT NO ASSIGNATION OF THE SAID DEBT DUE BY THEESTATE OF CROMARTYTO GOVERNMENT HAS EVER BEEN GRANTED INFAVOUR OF THE HEIRSOF ENTAIL OF THEESTATE OF ROYSTON THAT APON THE DEATH OF THE SAID KENNETHMACKENZIE WITHOUTMALE ISSUETHE SUCCESSION TO THE SAID RESIDUE OPENED TO ANDDEVOLVED UPON THENOW DECEAST COLONEL ROBERT MACKENZIE SOMETIMES OF THESERVICE OF THE HONOURABLETHE EAST INDIA COMPANY WHO WAS SERVED AND RETOURED HEIRMALE OF THE SAID GEORGEVISCOUNT OF TARBATAFTERWARDS EARL OFCROMARTY THE WAKER OF THE TAILZIE THE SAID COLONEL ROBERTMACKENZIE BEING GREATGRANDSON OF ALEXANDER MACKENZIE BROTHER OF THAT NOBLE EARLTHAT THE SAIDCOLONEL ROBERT MACKENZIE INSTITUTED AN ACTION IN THE COURTOF SESSION AT HISINSTANCE AS HEIR OF ENTAIL FORESAIDAGAINST THE RIGHT HONOURABLE LADY ELIBANK AS HEIRESS OFENTAIL OF THE ESTATE OFCROMARTY WHO SUCCEEDED TO THE SAID KENNETH MACKENZIETHEREIN BY VIRTUE OF LORDMACLEODS ENTAIL AND AGAINST MRS JEAN PETLEY RELICT ANDEXECUTRIX OF THE SAIDKENNETH MACKENZIE OF CROMARTY FOR CONSTITUTING THE SAID SUMOF FOUR THOUSANDEIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS ANDNINE PENCE ONE THIRDOF A PENNY STERLING AS A DEBT EITHER AGAINST THE ESTATE OFCROMARTY OR AGAINSTTHE EXECUTRY OF THE SAID KENNETH MACKENZIE WHICH ACTIONAFTER HAVING FALLENASLEEP WAS WAKENED AND TRANSFERRED AT THE INSTANCE OF THESAID COLONEL ROBERTMACKENZIE AGAINST ME THE HONOURABLE MRS MARIA MURRAY HAYMACKENZIE AND THE NOWDECEASED EDWARD HAY MACKENZIE OF CROMARTY AND NEWHALL MYHUSBAND WHO HAD ON THEDEATH OF THE SAID LADY ELIBANK SUCCEEDED TO THE ESTATE OFCROMARTY THAT DURINGTHE DEPENDANCE OF THE SAID ACTION BETWIX COLONEL ROBERTMACKENZIE AND THEREPRESENTATIVES OF THE SAID KENNETH MACKENZIE AN ACTION OFMULTIPLEPOINDING WASRAISED AND INSISTED IN AT THE INSTANCE OF JAMES LORD FORBESFOR HAVING ITASCERTAINED WHO WAS IN RIGHT OF THE SUM OF TWELVE HUNDREDPOUNDS STERLINGSTIPULATED TO BE PAID BY THE DECEASED JAMES LORD FORBESFATHER OF HIM THE SAIDJAMES LORD FORBES TO THE SAID JOHN LORD MACLEOD AS APORTION WITH MISS FORBESDAUGHTER OF THE SAID DECEASED JAMES LORD FORBES SOMETIMESLADY MACLEOD AND NOWDUTCHESS OF ATHOL IN WHICH ACTION APPEARANCE WAS MADE FORTHE SAID MRS JEANPETLEY NOW MRS MACLEOD OF GENIES CLAIMING THE FUND IN MEDIOAS EXECUTRIX OF THESAID KENNETH MACKENZIE OF CROMARTY WHO WAS GENERAL DISPONEEOF THE WHOLEPERSONAL ESTATE THAT BELONGED TO THE SAID JOHN LORD MACLEODAND APPEARANCE WASALSO MADE FOR ME THE SAID HONOURABLE MRS MARIA MURRAY HAYMACKENZIE OF CROMARTYI CLAIMING THAT THE SAID SUM OF TWELVE HUNDRED POUNDSSTERLING SHOULD BEAPPLIED TOWARDS EXTINCTION OF THE DEBT SUED FOR BY THE SAIDCOLONEL ROBERTMACKENZIE AS AFFECTING THE ESTATE OF CROMARTY THE SAIDKENNETH MACKENZIE HAVINGBEEN BY THE TERMS OF JOHN LORD MACLEODS SETTLEMENT BOUND TOPAY OFF ALL THEDEBTS AFFECTING THAT ESTATE AND AFTER A VARIETY OFPROCEDURE IN SAID ACTION OFMULTIPLEPOINDING THE LORD BALMUTO ORDINARY BY INTERLOCTORDATED SEVENTH MARCHEIGHTEEN HUNDRED AND SEVEN FOUND THE FUND IN MEDIO WAS PARTOF THE MOVEABLEESTATE OF THE DECEASED LORD MACLEOD THAT THE PREFERENCECLAIMED BY MRS MACLEODOF GENIES WAS FOUNDED UPON THE SETTLEMENT OF THE DECEASEDLORD MACLEOD WHICHWHICH PROVIDES THAT HIS PERSONAL FUNDS SHALL IN THE FIRSTPLACE BE APPLIED INPAYMENT OF HIS DEBTS AND IN PARTICULAR OF THE DEBT DUE TOTHE CROWNstyle='mso-spacerun:yes'> THAT THE SAIDMRS MACLEOD CLAIMING IN RIGHT OF LORD MCLEODSSETTLEMENT IS NOT ENTITLEDTO RECOVER UNDER THAT SETTLEMENT WITHOUT COMPLYING WITH THECONDITION THEREINCONTAINED THAT THE OTHER COMPETITOR MRS MACKENZIE OFCROMARTY AND HER HUSBANDARE ENTITLED TO SEE THAT THE FUND MEDIO IS APPLIED IN TERMSOF THE SAIDSETTLEMENT AND IN EXTINCTION OF THE DEBTS DUE BY THE SAIDLORD MACLEOD AND ASIT IS AVOWED THAT THE DEBT DUE TO THE CROWN MENTIONED INLORD MACLEODSSETTLEMENT WAS PAID UP BY THE LATE MR KENNETH MACKENZIEFROM FUNDS BELONGING TOTHE HEIRS OF ENTAIL OF THE FAMILY OF ROYSTON WHICH HE THENREPRESENTED ANDWHICH CREATS A CLAIM TO THE PRESENT HEIRS OF ENTAIL OF THESAID FAMILY AGAINSTTHE ESTATE OF CROMARTY BEFORE FURTHER ANSWERstyle='mso-spacerun:yes'> MRS MACKENZIE AND HERHUSBAND TO CALL THE HEIRS OF ENTAIL OF THE ESTATE OFROYSTON AS A PARTY TO THESAID PROCESS TO APPEAR FOR HIS INTEREST THAT IN OBEDIENCETO THE ABOVE RECITEDINTERLOCTOR THE SAID COLONEL ROBERT MACKENZIE WAS CITED ASA PARTY IN THE SAIDPROCESS OF MULTIPLEPOINDING AND THE PROCESS OF CONSTITUTIONAT COLONEL ROBERTMACKENZIES INSTANCE HAVING BEEN REMITTED TO THE SAIDPROCESS OFMULTIPLEPOINDING AND CONJOINED THEREWITH THE SAID LORDBALMUTO ORDINARYPRONOUNCED THE FOLLOWING FINAL INTERLOCTOR IN THE CONJOINEDACTIONS UPON THEEIGHTH DAY OF FEBRUARY EIGHTEEN HUNDRED AND NINE THE LORDORDINARY HAVINGCONSIDERED THE MEMORIALS IN THREE CONJOINED PROCESSES INTHE PROCESS AT THEINSTANCE OF COLONEL ROBERT MACKENZIE FINDS THAT THE ESTATEOF CROMARTY WASRESTORED TO THE LATE LORD MCLEOD UNDER THE CONDITION OFPAYINGstyle='mso-spacerun:yes'> THE DEBTS DUETHEREON AND PARTICULARLY A DEBTOF NINETEEN THOUSAND POUNDS THEN DUE TO THE CROWN AND THATLORD MACLEOD AFTERPAYING A CONSIDERABLE PART OF THE SAID DEBT EXECUTED ANENTAIL OF THE SAIDESTATE OF CROMARTY FINDS THAT THE ESTATE OF ROYSTON WASSOLD UNDER THEAUTHORITY OF AN ACT OF PARLIAMENT OBTAINED IN SEVENTEENHUNDRED AND THIRTY NINEAND IT WAS AFTERWARDS ASCERTAINED BY A DECREE OF THIS COURTIN SEVENTEENHUNDRED AND FIFTY EIGHT THAT THE REVISION OF THE PRICE OFTHAT ESTATE WAS THENFOUR THOUSAND EIGHT HUNDRED AND THIRTEEN POUNDS SEVENTEENSHILLINGS AND NINEPENSE ONE THIRD OF A PENNY STERLING AND FELL TO BE LAID OUTIN TERMS OF SAIDACT OF PARLIAMENT FOR THE BENIFITS OF THE HEIR OF ENTAILCALLED TO THESUCCESSION OF THE ESTATE OF ROYSTON AND UNDER THECONDITIONS OF THE ENTAILFINDS THAT LORD MACLEOD WAS AN HEIR OF ENTAIL OF ROYSTONAND UPON HIS DEATH HEWAS SUCCEDED BY THE LATE KENNETH MACKENZIE WHO TOOK UP THEESTATE OF CROMARTYUNDER THE ENTAIL EXECUTED BY LORD MACLEOD AND ALSO ENJOYEDDURING HIS LIFE THEINTEREST OF THE DEBT OF FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDSSEVENTEEN SHILLINGS AND NINE PENCE ONE THIRD OF A PENNYSTERLING AS AN HEIR OFENTAIL OF THE ESTATE OF ROYSTON FINDS THAT WHILE THE SAIDKENNETH MACKENZIEENJOYED BOTH ESTATE HE OBTAINED A DECREE OF THE COURTAGAINST SIR JOHN STEWARTOF GRANDTULLY BARONET IN WHOSE HANDS THE SAID SUM OF FOURTHOUSAND EIGHTHUNDRED AND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENSE ONE THIRD OF APENNY STERLING LAY AT INTEREST DECERNING HIM TO MAKEPAYMENT OF THAT SUM INTOEXCHEQUER TO ACCOUNT OF THE DEBT DUE TO GOVERNMENT OUT OFTHE ESTATE OFCROMARTY AND AN ASSIGNATION TO BE PRESENTED OF THAT DEBT TOTHAT EXTENT ANDTHAT THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEENSHILLINGS AND NINE PENSE ONE THIRD OF A PENNY STERLING WASACCORDINGLY PAIDINTO THE EXCHEQUER ON THE EIGHTEENTH DAY OF SEPTEMBERSEVENTEEN HUNDRED ANDNINETY FIVE WHICH WITH A FURTHER SUM PAID BY THE SAIDKENNETH MACKENZIE WAS INFULL OF THE DEBT DUE TO THE CROWN BUT KNOW ASSIGNATION INFAVOUR OF ROYSTONHEIRS OF ENTAIL HAS YET BEEN PROCURED THEREFOR FINDS THESAID SUM HAVING SOPAID IN CONFORMITY TO THE DECREE OF THIS COURT UPON THESECURITY OF A DEBTAFFECTING THE WHOLE OF THE ESTATE OF CROMARTY BOTH BY THETERMS OF THE GRANTFROM THE CROWN RESTORING THE ESTATE AND ASKING A DEBT OWINGBY THE LATE LORDMACLEOD THE MAKER OF THE ENTAIL AND ALSO KENNETH MACKENZIETHE NEXT SUCCEEDINGHEIR THE SAID SUM OF FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEENSHILLINGS AND NINE PENCE ONE THIRD OF A PENNY STERLING WITHTHE INTERESTTHEREOF FROM THE SAID EIGHTEENTH SEPTEMBER SEVENTEENHUNDRED AND NINETY FIVE INAS FAR AS THE SAID INTEREST IS NOT PAID IS A SUBSISTING ANDPREFERABLE DEBTUPON THE ENTAILED LANDS AND ESTATE OF CROMARTY DUE TO THEPURSUER COLONELROBERT MACKENZIE AND THE OTHER HEIRS CALLEDTO THE SUCCESSION OF THE ESTATE OF ROYSTON BUTUNDER THE CONDITIONS OFTHE ENTAIL OF THAT ESTATE AND OF THE AFORESAID ACT OFPARLIAMENT AND THAT MRSMARIA MACKENZIE THE PRESENT HEIR OF ENTAIL OF THE ESTATE OFCROMARTY AND THESUBSEQUENT HEIRS OF ENTAIL OF THAT ESTATE ARE LIABLE TO THEPURSUER COLONELROBERT MACKENZIE AND THE OTHER HEIRS OF ENTAIL OF ROYSTONACCORDING TO THEIR INTERESTFOR PAYMENT OF THE SAID PRINCIPAL SUMAND INTEREST DUE THEREON AND DECERNS ACCORDINGLY WITHOUTPREJUDICE TO THE SAIDCOLONEL ROBERT MACKENZIE OR THE OTHER HEIRS OF ENTAIL OFROYSTON TAKING SUCHSTEPS AS THEY MAY BE ADVISED FOR OBTAINING A MORE FORMALSECURITY OR DECLARATOROF THEIR RIGHTS AND ALSO WITHOUT PREJUDICE TO THE SAID MRSMARIA MACKENZIE OROTHER HEIRS OF ENTAIL OF CROMARTY OBTAINING SUCH RELIEFFROM THE REPRESENTATIONOF THE SAID KENNETH MACKENZIE OR OTHERS AS MAY BE COMPETENTAND IN THE PROCESSOF MULTIPOINDING FINDS THAT THE SUM OF TWELVE HUNDREDPOUNDS IN THE HANDS OFLORD FORBES WITH THE INTEREST DUE THEREON WAS A DEBT DUE BYTHE LATE LORDFORBES TO THE LATE LORD MACLEOD AND THAT IT IS STATED ANDNOTstyle='mso-spacerun:yes'> DENIED THAT BYTHE DEED OF SETTLEMENTEXECUTED BY LORD MACLEOD IN FAVOUR OF THE SAID KENNETHMACKENZIE HIS LORDSHIPAPPOINTED THE WHOLE OF HIS MOVEABLE ESTATE TO BE APPLIED INPAYMENT OF THEDEBTS OWING BY HIM AND PARTICULARLY IN EXTINCTION OF THEDEBT OF FOUR THOUSANTEIGHT HUNDRED AND EIGHTEEN POUNDS SIXTEEN SHILLINGS AND TWOPENCE ELEVENTWELFTHS OF A PENNY STERLING AFFECTING THE ENTAILED ESTATEBEFORE MENTIONED ANDTHEREFORE FINDS THAT THE SAID SUM OF TWELVE HUNDRED POUNDSAND INTEREST THEREOFAFTER DEDUCTION OF THE EXPENCES AFTER MENTIONED MUST BEAPPLIED IN EXTINCTIONPRO TANTO OF THE DEBT DUE UPON THE ESTATE OF CRMARTY TO THEHEIRS UNDER THEROYSTON ENTAIL AND AFTERWARDS OUT AT THE SIGHT OF THE COURTFOR THE BENIFIT OFTHE SAID COLONEL ROBERT MACKENZIE AND THE OTHER HEIRS OFENTAIL OF THE ESTATEOF ROYSTON AND IN ORDER THAT THE SAME MAY BE PAID AND SENTOUT ACCORDINGLYOIRDAINS THE DEFENDER MRS MACKENZIE WIDOW OF THE SAIDKENNETH MACKENZIE NOW MRSMACLEOD OF GEANIES WHO IN VIRTUE OF HER FIRST HUSBANDSSETTLEMENT SUCCEEDED TOHIS PERSONAL ESTATE INCLUDING THE SAID SUM OF TWELVEHUNDRED POUNDS TO MAKE UPSUCH TITLE AS MAY BE DEEMED NECESSARY AND THEREAFTER INCONCURENCE WITH HERHUSBAND TO EXECUTEA VALID DISCHARGE OFTHE SAID DEBT OF TWELVE HUNDRED POUNDS AND INTEREST THEREOFIN FAVOUR OF THEHEIRS AND REPRESENTATION OF THE LATE LORD FORBES ANDDECERNS AGAINST LORDFORBES THE REVISER OF THE MULTIPOINDING UPON RECEIVING SUCHDISCHARGE TO MAKEPAYMENT AT THE TERM OF WHITSUNDAY NEXT OF THE SAID SUM OFTWELVE HUNDRED POUNDSANDE INTEREST THEREOF FROM THE TERM OF ---------------DEDUCTING THE EXPENCE OFREVISING THE MULTIPOINDING OF WHICH APPOINTS AN ACCOUNT TOTHE GIVEN INAPPOINTS THE EXPENSE OF MAKING UP TITLES AND GRANTING THESAID DISCHARGE AND OFEXTRACTING THE DECREET TO FOLLOW UPON THE PRESENTPROCEEDINGS TOstyle='mso-spacerun:yes'> BE PAID OUT OFTHE SUMS TO BE RECEIVED FROMLORD FORBES AND IN CASE NO PROPER SECURITY SHALL BESANCTIONED BY THE COURTBETWEEN AND THE SAID TERM OF WHITSUNDAY NECXT ORDAINS THEMONEY TO BE PAID BYLORD FORBES AFTER ALLOWING THOSE DEDUCTIONS TO BE LODGED INTHE BANK OFSCOTLAND FOR BEHOOF OF THE HEIRS OF ENTAIL OF ROYSTON UNTOTHE SAME SHALL BEBUT CUTUPON A SECURITY TO BE APPROVEDBY THE COURT BUT IN THE MEANTIME APPOINTS COLONEL ROBERTMACKENZIE TO LODGE INPROCESS A MINUTE STATING THE SECURITY UPON WHICH IT ISPROPOSED TO LEND THE SUMTO BE REPORTED TO THE COURT FOR THEIR LORDSHIPS SANCTIONAND AUTHORITY ANDLASTLY ORDAINS THE SAID COLONEL ROBERT MACKENZIE SO SOON ASTHE SUM DUE BY LORDFORBES SHAL BE PAID OR CONSIGNED TO GRANT A RENUNCIATION OFSO MUCH OF THE DEBTUPON CROMARTY AS SHALL BE THEREBY EXTINGUISHED AND DECERNSTHAT AFTER THSE ANDSOME OTHER STEPS OF PROCEDURE HAD BEEN TAKEN THE SAIDCOLONEL ROBERT MACKENZIEDIED AND THE RIGHT OF THE SAID RESIDUE DEVOLVED UPONALEXANDER MACKENZIE HISELDEST SON WHO EXPEDE A SERVICE AS HEIR MALE OF TAILZIE ANDPROVISION TO HISFATHER UNDER THE FORESAID TAILZIE EXECUTED BY GEORGEVISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTY AND THE SAID ALEXANDERMACKENZIE HAVING SISTEDHIMSELF AS A PARTY IN PLACE OF HIS FATHER IN THE SAIDCONJOINED ACTION A MINUTEWAS GIVEN IN FOR HIM STATING THAT HE HAD TO SUBMIT TO THELORD ORDINARY ASECURITY OF THE MOST UNEXCEPTIONABLE NATURE ON WHICH HEWOULD HUMBLY PROPOSETHAT THE MONEY IN QUESTION THAT IS THE AFORESAID SUM OFMONEY ORDAINED BY THEWINTERLOCTOR LAST ABOVE MENTIONED TO BE PAID BY LORD FORBESIN MANNER THEREINMENTIONED SHOULD BE SECURED DANIEL HAMILTON OFGILKERSCLEUGH BEING DESIRIOUS OFBORROWING TWELVE HUNDRED POUNDS STERLING ON AN HERITABLESECURITY OVER HISLANDS OF OVERWHITE-CLEUGH LYING IN THE PARISH OFCRAWFORDJOHN AND SHIRE OFLANARK THAT THE SUFFICIENCY OF THE SAID SECURITRY BEEN DULYINVESTIGATED BY THELORD ORDINARY AND REPORTED BY HIS LORDSHIP TO TRHE COURTTHE SECURITY WASAPPROVED OF AND THE PRINCIPAL AND INTEREST OF THE SUMPAYABLE BY LORD FORBESAFTER DEDUCTING CERTAIN EXPENSES TO FOURTEEN HUNDRED ANDNINETY FOUR POUNDSSEVENTEEN SHILLINGS AND FOURPENCE WAS INVESTED ON HERITABLEBOND OVER THE SAIDLANDS OF OVER-WHITE-CLEUGH GRANTED BY THE SAID DAVIDHAMILTON ESQUIRE WITHCONSCENT OF MRS HARRIET CAMPBELL HIS SPOUSE AND MRSHELEN HAMILTON RELICT OF THE DECEASED ALEXANDER HAMILTON OFGILKERSCLEUGH DATEDTHE TWELFTH AND THIRTEENTH DAYS OF JULY EIGHTEEN HUNDREDAND ELEVEN PAYABLE ATTHE SIGHT OF THE RIGHT HONOURABLE THE LORDS OF COUNCIL ANDSESSION FOR THEPURPOSE OF BEING RE-INVESTED WITH THEIR APPROBATION INTERMS OF THE FORESAIDTAIZIE ACT OF PARLIAMENT AND DECREET TO THE SAID ALEXANDERMACKENZIEWHOMFAILING TO THE NEAREST HEIRS MALE WHATSOEVER OF THESAID GEORGE VISCOUNT OFTARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING TO THENEAREST HEIRS ANDASSIGNEES WHOMSOEVER OF THE SAID GEORGE VISCOUNT OF TARBATAFTERWARDS EARL OFCROMARTY ANDTHAT AT AGAINST THE TERM OFMARTIMAS THE NEXT WITH THE SUM OF TWO HUNDRED AND NINETYEIGHT POUNDS NINETEENSHILLINGS AND SIXPENSE STERLING OF LIQUIDATE PENALTY INCASE OF FAILURE AND THELEGAL INTEREST OF THE SAID PRINCIPAL SUM FROM THE DATE OFTHE SAID BOND TO THESAID TERM OF PAYMENT OF THE PRINCIPAL SUM AND THEREAFTER SOLONG AS THEPRINCIPAL SUM SHOULD REMAIN UNPAID THAT BY THE SAIDINVESTMENT OF THE SAID SUMOF FOUTEEN HUNDRED AND NINETY FOUR POUNDS SEVENTEENSHILLINGS AND FOURPENCE FORBEHOOF OF THE SAID ALEXANDER MACKENZIE AND THE OTHER HEIRSCALLED TO SUCCESSIONOF THE ESTATE OF ROYSTON THE SAID PRINCIPAL SUM OF FOURTHOUSAND EIGHT HUNDREDAND THIRTEEN POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ONETHIRD OF A PENNYSTERLING FOUND BY THE SAID INTERLOCTOR OF EIGHTHOF FEBRUARY EIGHTEEN HUNDRED AND NINE TO HAVEBEEN A SUBSISTING AND PREFERABLE DEBT UPON THE ENTAILEDLANDS AND ESTATE OFCROMARTY HAS BEEN PRO TANTO EXTINGWISHED LEAVING THE SUM OFFOURTHOUSAND THREEHUNDRED AND NINETEEN POUNDS AND FIVE PENCE ONE THIRD OF APENNY STERLING AS ASTILL SUBSISTING AND PREFERABLE DEBT THE SAID ESTATE OFCROMARTY FOR WHICH THESAID ALEXANDER MACKENZIE IS IN TERMS OF THE SAIDINTERLOCTOR ENTITLED TO OBTAINFROM ME A FORMAL SECURITY OVER THE SAID ENTAILED ESTATE OFCROMARTY WHEREBY ITIS NOT ONLY JUST AND REASONABLE BUT IMPERATIVE ON ME TOGRANT THESE PRESENTS INMANNER UNDERWRITTEN THEREFOR WITT YE ME TO HAVE CONFESSEDAND DECLARED AS I THESAID MRS MARIA MURRAY HAY MACKENZIE DO HEREBY ACKNOWLEDGECONFESS AND DECLAREME AND THE HEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAIDLANDS AND ESTATE OFCROMARTY TO BE JUSTLY ADDEBTED ANDRESTING OWING TO THE SAID ALEXANDER MACKENZIE AND THE OTHERHEIRS OF ENTAIL OFROYSTON AS AFTER MENTIONED THE SAID PRINCIPAL SUM OF THREETHOUSAND THREEHUNDRED AND NINETEEN POUNDS AND FIVE PENCE ONE THIRD OF APENNY STERLING WITHTHE LAWFUL INTEREST THEREOF FROM AND SINCE THE TERMMARTINMAS LASTEIGHTEENHUNDRED AND TWENTY FOUR INTEREST THEREOF TO THATTERM HAVING BEEN PAIDWHICH PRINCIPAL SUM OF THREE THOUSAND THREEHUNDRED ANDNINETEEN POUNDS FIVEPENCE ONE THIRD OF A PENNY STERLING I HEREBY BIND ANDOBLIGE MYSELF AND THEHEIRS OF TAILZIE SUCCEEDING TO ME IN LANDS AND ESTATE OFCROMARTY HEREINAFTERMENTIONED TO CONTENT AND PAY AT THE SIGHT OF THE RIGHTHONOURABLE THE LORDOF COUNCIL AND SESSION FOR THE PURPOSE OF BEING REINVESTEDWITH THEIRAPPROBATION IN TERMS OF THE FORESAID TAILZIE OF THE ESTATEOF ROYSTONstyle='color:red'> ACT OF PARLIAMENT AND INTERLOCTOR ORDECREET OF THE COURT OFSESSION TO THE SAID ALEXANDER MACKENZIE WHOM FAILING TO THENEAREST HEIR MALEWHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTYWHOM FAILING TO THE NEAREST HEIRS AND ASSIGNEESWHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTYAND THAT AT AND AGAINST THE TERM OF WHITSUNDAY NEXTEIGHTEEN HUNDRED AND TWENTYFIVE WITH THE SUM OF SIX HUNDRED AND SIXTY THREE POUNDSSIXTEEN SHILLINGS AND APENNY AND ONE FIFTEENTH OF A PENNY STERLING OF LIQUIDATEPENALTY IN CASE OFFAILURE AND I ALSO BIND AND OBLIGE ME AND THE HEIRSSUCCEEDING TO ME IN THESAID LANDS AND ESTATE OF CROMARTY TO CONTENT AND PAY TO THESAID ALEXANDERMACKENZIE WHOMFAILING TO TRHE HEIRS MALE WHATSOEVER OF THESAID GEORGE VISCOUNTOF TARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING TO THENEAREST HEIRS ANDASSIGNEES WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBATAFTERWARDS EARL OFCROMARTY THE LEGAL INTEREST OF THE SAID PRINCIPAL SUM OFTHREETHOUSAND THREEHUNDRED AND NINETEEN POUNDS FIVE PENCE THIRD OF A PENNYSTERLING FROM THE SAIDTERM OF MARTIN MAS LAST TO THE SAID TERM OF PAYMENT OF THEPRINCIPAL SUM ANDTHEREAFTER SO LONG AS THE SAID PRINCIPAL SUMstyle='mso-spacerun:yes'> style='mso-spacerun:yes'>REMAINED UNPAID ATTWO TERMS IN THE YEAR WHITSUNDAY AND MARTINMAS BY EQUALPORTIONS BEGINNING THEFIRST TERMS PAYMENT OF THE SAID INTEREST AT THE SAID TERMOF WHITSUNDAY NEXTAND THE NEXT TERMS PAYMENT THEREOF AT THE TERM OF MARTINMASFOLLOWING AND SOFORTH HALF YEARLY AT THE SAID TERM DURING THE NOT PAYMENTOF THE PRINCIPAL SUMAND THAT AT EDINBURGH IN THE OFFICE OF THE BANK OF SCOTLANDWITH THE SUM OFSIXTEEN POUNDS ELEVEN SHILLINGS AND TEN PENCE THREEFARTHINGS STERLING OF LIQUIDATEPENALTY FOR EACH TERMS FAILURE IN PAYMENT OF THE SAIDINTEREST AT THE TERMSABOVE MENTIONED (TOTIES QUOTIES) AND FOR THE SAID ALEXANDERMACKENZIEWHOMFAILING THE HEIRS MALE WHATSOVER OF THE SAID GEORGEVISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTY WHOMFAILING THE NEAREST HEIRSAND ASSIGNEESWHOMSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTYTHEIR FURTHER SECURITY AND MORE SURE PAYMENT OF THEFORESAID SUMS OF PRINCIPALINTEREST AND PENALTIES I THE SAID MRS MARIA MURRAY HAYMACKENZIE AS HEIRESS OFTALZIE IN POSSESSION OF THE SAID ESTATE OF CROMARTY DO BYTHESE PRESENTS BINDAND OBLIGE ME AND THE HEIRS OF TALZIE SUCCEEDING TO ME INTHE SAID ESTATE OFCROMARTY UPON OUR PROPER CHARGES AND EXPENCES DULY ANDLAWFULLY TO INFEFT AND SEISETHE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS MALEWHATSOEVER OF THE SAIDGEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTYWHOMFAILING THE NEARESTHEIRS AND ASSIGNEES WHATSOEVER OF THE SAID GEORGE VISCOUNTOF TARBAT AFTERWARDSEARL OF CROMARTY NOT ONLY IN AN ANNUAL RENT OF ONE HUNDREDAND SIXTY FIVEPOUNDS NINETEEN SHILLINGS AND ONE FARTHING STERLING OR SUCHAN ANNUAL RENT LESSOR MORE AS BY LAW FOR THE TIME SHALL OFFER AND CORRESPONDTO THE FORESAIDPRINCIPAL SUM OF THREE THOUSAND THREE HUNDRED AND NINETEENPOUNDS FIVEPENCE ONETHIRD OF A PENNY STERLING TO BE UPLIFTED AND TAKEN AT THESAID TWO TERMS IN THEYEAR WHITSUNDAY AND MARTINMAS BY EQUAL PORTIONS BEGINNINGTHE FIRST UPLIFTINGTHEREOF AT THE TERM OF WHITSUNDAY NEXT FOR THE HALF YEARFROM MARTINMAS LAST TOTHAT TERM AND THE NEXT HALF YEARS UPLIFTING THEREOF AT THETERM OF MARTINMASTHEREAFTER AND SO FORTH HALF YEARLY AND TERMLY AT THE TERMSABOVE SPECIFIEDDURING REDEMPTION WITH A FIFTH PART MORE OF EACH TERMSANNUAL RENT OF LIQUIDATEPENALTY FOR EACH TERM FAILURE FURTH OF ALL AND SUNDRY THELANDS BARONIES ANDOTHER HERITAGES AFTER WRITTEN VIZ. ALL AND WHOLE THE LANDSAND BARONY OFCOGEACH OR COYGACH WITH THE TOWER FORTALICE MANOR PLACEMILNS FISHING AS WITHIN SALT AS IN FRESH WATERS PARTS PENDICLES TENANTSTENANTRIES AND SERVICES OFFREE TENANTS WITH ALL THEIR PERTINENTS LYING OF LATE WITHINTHE SHERIFFDOM OFROSS AND NOW BY ANNEXATION WITHIN THE SHERIFFDOM OFCROMARTY AND SICLIKE ALLAND WHOLE THE LANDS OF MILTOWN WITH THE PARTS PENDICLESOUTSETTS ANNEXESCONNEXES AND UNIVERSAL PERTINENTS THEREOF TOGETHER WITH THEMILN OF FODDERTYWITH ALL AND SUNDRY MULTURES AS WELLstyle='mso-spacerun:yes'> MULTURESAND SEQUELS THEREOF TOFTS CROFTS AND PERTINENTS OF THE SAMEWHATSOEVER LYING ASSAID IS AND IN LIKE MANNER ALL AND WHOLE THE LANDS OFKIRKTON OF FODDERTY ANDLANDS OF BALLAMULLICH WITH ALL AND SUNDRY THEIR PARTSPENDICLES ANNEXESCONNEXES TOFTS CROFTS OUTSETTS AND PERTINENTS WITH THEMARKETS YEARLY HOLDENTHE EIGHTEENTH DAY OF THE MONTH OF SEPTEMBER UPON THE MUISOF FODDERTY LYING OFLATE WITHIN THE SAID SHERIFFDOM OF ROSS AND NOW OFCROMERTIE CONFORM TO THE ACTOF PARLIAMENT GRANTED THEREAPON IN FAVOUR OF THE SAIDDECEAST GEORGE EARL OFCROMARTY AND HIS HEIRS AND SUCCESSORS WITH THE CUSTOMSTOLLS AND PRIVILEGES OFA FREE MARKET OR FAIR AND LIKEWISE ALL AND WHOLE THE TOWNAND LANDS OF Astyle='mso-spacerun:yes'>

EXTENDING TO

AN HALF DAVOCH LAND WITH THE PASTURAGES THEREOF AS ALSO ALLAND WHOLE THE TOWNAND LANDS OF ULLADELL EXTENDING TO ANOTHER HALF DAVOCHLANDS WITH HOUSESBIGGINGS YARDS ORCHARDS TOFTS CROFTS ANNEXES CONNEXESOUTSETTS SHEALINGSPASTURAGES WOODS FISHINGS PARTS PENDICLES AND PERTINENTSTHEREOF WHATSOEVERLYING OF LATE WITHIN THE SAID SHERIFFDOM OFROSS AND NOW WITHIN THE SAID SHERIFFDOM OFCROMARTY AND LIKEWISE ALL ANDWHOLE THE TOWN AND LANDS OF ----------------------- AND --------------

AND ALL AND WHOLE THEMILL CALLED SYMPAN MILN

WITH THE MILN LANDS MULTURES SEQUELS AND KNAVESHIP THEREOFWITH HOUSES BIGGINGSYARDS ORCHARDS TOFTS CROFTS ANNEXES CONNEXES OUTSETTSSHEALINGS PASTURAGESWOODS FISHING PARTS PENDICLES AND PERTINENTS OF THE SAIDLANDS AND MILN LYINGIN MANNER FORESAID AND SICLIKE THE KIRKLANDS OF KINNETESWITH THE PARSONAGETEINDS THEREOF INCLUDED WITH ALL SUNDRY PARTS PENDICLESTOFTS CROFTS ANNEXESCONNEXES AND REMNENT PERTINENTS OF THE SAME LYING WITHINTHE PAROCHIN OFKINNETES DIOCY OF ROSS AND OF LATEWITHIN THE SHERIFFDOM THEREOF AND NOW OF CROMARTY FORESAIDAND IN LIKE MANNERALL AND SUNDRY THE LANDS OF INCH-------- WITH THE MILNTHEREOF MILN LANDSMULTURES AND SEQUELS OF THE SAME AND FURTHER ALL AND WHOLETHE DAVOCH LANDS OFDAVOCHNA------------ ALIAS DACHNA----------WITH THE SHEALING PLACE THEREOF CALLED GARVOCHALIAS GARBET WITH ALL ANDSUNDRY PARTS PENDICLES AND PERTINENTS OF THE SAME LYING OFLATE WITHIN THE SAIDSHERIFFDOM OF ROSS AND NOW OF CROMARTY AND SICLIKE ALL ANDWHOLE THE LANDSSHEALINGS OF DRUM--------------- AND -------------------------- WITH PARTSPENDICLES SHEALDING HOUSES PIECES AND PERTINENTS WHATSOEVERUSED AND WONT INALL TIME COMING LYING WITHIN THE FORESTRY OF FREEWATERS ANDOF LATE WITHIN THESHERIFFDOM OF ROSS AND NOW OF CROMARTY AFORESAID ANDSICCLIKE THE LANDS ANDOTHERS UNDERWRITTEN VIZ. ALL AND SUNDRY THE LANDS OFMILLLTOWN OF MEDDAT ANDTHE MILN THEREOF WITH THE OFFICE OF PRINCIPAL SERGEANT OR MAIROF THE EARLDOM OF ROSS style='font-size:10.0pt;font-family:Arial;color:black'>WITH THE HOUSE CROFT INBALCONIE THE CROFT CALLED THE MERK LANDS OF TULLICH WITHTHE PERTINENTS WITHPOWER TO

DEPUTEAND SUBSTITUTE DEPUTE OR DEPUTES ONE OR MORE IN THE SAIDOFFICE OF PRINCIPALSERGEANT OR MAIR AND TO COLLECT INTROMIT WITH AND UPLIFT THEYEARLY FEES AND DUTIESBELONGING TO THE SAID OFFICE TOGETHER WITH THE MANOR PLACESHOUSES BIGGINGSYARDS ORCHARDS DOVECOUTS CUNNING HARES MILNS MULTURES WOODSFISHING ANNEXESCONNEXES PARTS PENDICLES AND PERTINENTS OF THE SAID LANDSAND OTHERS ABOVEWRITEN TOGETHER WITH THE SALMON FISHING AND POWER OF KILLING ANDCATCHING OTHER FISHES AS WELLSMALL AS GREAT IN ANY PART AS WELL UPON THE LANDS OF NIGGAS APON AND NEAR THESAID LANDS OF MILNTOWN WITH POWER ALSO TO ME AND MYFORESAID TO HAVE AND BUILD---------- AND STALLS IN ANY PART OF THE SAID LANDS UPONTHE LANDS OR SANDS OFNIG AND OF KILLING SALMON UPON ANY PART OF THE SAID LANDSAND OF HAVING ANDKEEPING BOATS NETS AND OTHER MATERIAL FOR THAT EFFECT ANDALL AND WHOLE THELANDS OF KILMUIR KILNADAROCH ALIAS DALNA--------------- ANDMILNAMORICH AND ALLAND WHOLE THE LANDS OF PITEANDIE ALIAS PITVEANDIEGLACTAMALINE WITH THEIR PARTSPENDICLES AND PERTINENTS LYING OF LATE WITHIN THE SAIDSHERIFFDOM OF ROSS ANDNOW OF CROMARTY FORESAID AND MOREOVER THE LANDS ANDstyle='mso-spacerun:yes'> BARONY OFDELVINE COMPREHENDING THEREIN ALLAND SUNDRY THE LANDS MILNS MULTURES WOODS FISHING STALLSALE HOUSES AND OTHERSPARTICULARLY UNDERWRITTEN VIZ. ALL ANDSUNDRY THE TOWNS AND LANDS OF MEIKLE ALLAN ALIAS ALLAN MOREAND BREWLANDSTHEREOF CALROSSIE DUMMEDADAT ALIAS DRUMMEATE GLASSTULLICHDRUMGILLIE MEIKLEMEDDAT ALIAS MEDDAT-MORE WITH THE BREWLANDS AND BREWERYTHEREOF WITHOUT THETOFT AND CROFT THE LANDS OF WESTER POLLO BADEBEU REEVESKNOCKNAPARK BALLINTRADEFECKLACHIE ARDNAGAVOCH DELNY WITH THE BREW-HOUSE THEREOFWITH THE TOFT ANDCROFT AND TWO BREWHOUSES WITHOUT TOFT AND CROFT ORCHYARDSDELNIE CABUITHIEINCHFUIRD ALIAS INCHFUIR KINCRAIG CULCEINZIE CRAIGMILNEWITH THE MULTURES ANDBREWHOUSES THEREOF CUNLICHMANOCH CUNLICHMORE BECKACHBALCONIE WITH THEBREWHOUSES AND FLUCKIES CROFT THE HALF DAVOCH LANDS OFCULMALACHIE ALIASCULMALCHIE THE MILN OF ALNESS WITH THE ------------------MULTURES THEREOF THEFISHING CALLED THE STELL OF ARDROY WITH THE ZAIR OFBALCONIE AND BREWHOUSETHEREOF THE LANDS OF SWORDELL FYRES CULCRAIGIE WITH THEMILL AND MULTURES OFTHE SAID MILL AND BREWHOUSE OF THE SAME THE LANDS OFMILNTOWN OF CULMALACHIETHE FISHING OF ARDMORE CALLED THE STELLTHEREOF THE MILL OF CATWELL WITH THE MULTURES THEREOF ALLLYING WITHIN THESHERIFFDOM OF ROSS THE LANDS OF EASTER POLLO ALIAS POLNICOLAND AUCH INACLOUGHWITH MANOR PLACES TOWERS FORTRALICES YARDS ORCHARDSDOVECOATS CUNNING HARESMILNS MULTURES WOODS FISHING ANNEXES CONNEXES PARTSPEDICLES AND PERTINENTS OFTHE SAID LANDS AND OTHERS ABOVE WRITEN AS ALSO ALL ANDWHOLE THE LANDS OFMORICH MORE NEAR THST PART OF THE SEA CALLED THE BRIDGESCOMPASSED ABOUT WITHTHE SEA FOR THE MOST PART AT ITS FULLTIDE LYING WITHIN THE OTHER PART OF THE SAID SEA CALLED THEBRIDGES ON THENORTH THAT PART OF THE SEA CALLED POLNACRAGACH ON THE EASTTHE FIRTH OF TAINAND SEA NEAR THE SAME ON THE WEST AND THE LANDS OFINVEREITHIE PITNEALIEBALLOCHERIE BALLINGALL AND NEWTON RESPECTIVE ON THE SOUTHPARTS WITH THEIRPERTINENTS ALL LYING IN THE EARLDOM OF ROSS AND OF OLDWITHIN THE SHERIFFDOM OFINVERNESS AFTERWARDS OF ROSS AND NOW WITHIN THE SAIDSHERIFFDOM OF CROMARTY ANDSICLIKE THE MILNTOWN AND MILN OF CULBOCKIE WITH THE MILTOWNAND PERTINENTSTHEREOF LYING WITHIN THE LORDSHIPS OF ARDMANNOCH ANDSHERIFFDOM OF ROSSFORESAID TOGETHER WITH THE ADVOCATION DONATION AND RIGHT OFPATRONAGE OF ALLAND SUNDRY THE PARISH CHURCHES AS WITHPARSONAGE AS VICARAGE UNDERWRITTEN VIZ. KILMUIR ARDERSIERKILTERNAN FODDERTYURQUHART GILLICHRIST KILMORACK LAGIE TAIN EDDERTONstyle='mso-spacerun:yes'> SUDDIE KINNETESALIAS KINNATTIE ROSEMARKIECROMARTY URRAY CULLICUDDEN ROSSKEEN KINCARDINE ANDALNESSstyle='mso-spacerun:yes'> ALL LYING WITHINTHE DIOCY OF ROSS SHERIFFDOMOF INVERNESS ROSS AND CROMARTY FORESAID TOGETHER WITH THEADVOCATION DONATIONAND RIGHT OF PATRONAGE OF ALL AND SUNDRY THECHAPLAINIES UNDERWRITTEN VIZ. THE THRECHAPLAINIES OF ALNESS ERECTEDUPON THE PARSONAGETEINDS OF THE PARISHCHURCH OF ALNESS AND THE CHAPLAINIES OF NEWMORE ANDTARLOGIE LYING WITHIN THESAID DIOCY OF ROSS AND OF OLD WITHIN THESHERIFFDOM OF INVERNESS AND NOW OF ROSSBY ANNEXATION WITH ALL AND SUNDRY THE LANDS CASTLES TOWERSFORTALICES MILNSWOODS FISHING PARTS PENDICLES ANNEXES CONNEXES DEPENDANCIESTENANTS TENANTRIESAND SERVICE OF FREE TENANTS OF ALL AND SUNDRY THE LANDSBARONIES AND OTHERSFORESAID WITH THE PERTINENTS ALL UNITED ERECTED ANDINCORPORATED IN ALL HAILLAN FREE BARONY COMMONLY CALLED THE BARONY OF DELNY ANDWHICH BARONYCOMPREHENDING IN MANNER ABOVE WRITTEN BELONGED TO JOHN LORDBALM--------- ANDWERE AQUIRED FROM HIM BY UMGUWHILE SIR ROBERT INNES ELDEROF THATstyle='mso-spacerun:yes'> ILK AS ALSO WEREACQUIRED FROM THE SAID-------------------- SIR ROBERT INNESS WITH CONSENT OFROBERT THEREAFTER SIRROBERT INNES OF THAT ILK HIS ELDEST SON BY THE DECEASEDGEORGE EARL OF CROMARTYAND IN LIKE MANNER ALL AND WHOLE THEQUARTER LAND OF MEIKLE GROUND ZAIRD WITH THE WATERS SALMONFISHING I THE BAY OFGROUND -------- WITH THE WATERS AND SALMON FISHING IN THEBAY OF GROUNDYAIRDS WITHTHE ADVOCATION DONATION AND RIGHT OF PATRONAGE OF THEPARISH KIRK OF LOCHBROOMLYING OF LATE WITHIN THE SHERIFFDOM OFROSS AND NOW OF CROMARTY FORESAID AND LIKEWISE ALL ANDSUNDRY THE FIVE PARKS OFLAND OF AUCHAGIER THE LANDS OF KEPPACH KILDONAN REDDERACHORIGALICHLAUCHINTEVOIR ELINAKEP AUCHANAZIE ALIASAUCHANACHIN BELLUM ALIAS BELTONAUCHAISTALDINTRAY ALIASAUCHNASCALDISTRAY AUCHAELASCALEDUNISH STRATHNASHALLAG THEGRAZINGS OF -------AND FORESTS OF TANICH WITH THERE RESPECTIVE GRAZINGSPRIVILEGES ANDJURISDICTIONS OF FORRESTRY IN THE BOUNDS THEREOF WOODSFISHING MILNS MULTURESMUIRS MARSHES PARTS PENDICLES AND PERTINENTS THEREOF LYINGOF LATE WITHIN THESAID SHERIFFDOM OF ROSS AND NOW OF CROMARTY AND IN LIKEMANNER ALL AND SUNDRYTHE LANDS OF PILOGARTIE PARTS PENDICLES AND PERTINENTS OFTHE SAME LYING WITHINTHE PAROCHIN OF TAIN AND OF LATE WITHIN THE SHERIFFDOM OFROSS AND NOW OFCROMARTIE FORESAID AND THE SUM OF FOUR POUNDS SCOTS YEARLY PAYABLEOUT OF THE LANDS OFEASTER TARBAT TO THE CHAPLAIN OF BALNAGOWAN LYING OF LATE WITHIN THESHERIFFDOM OF ROSS ANDNOW OF CROMARTY FORESAID AND IN LIKE MANNER ALL AND WHOLETHE BURGH OF BARONYOF TARBAT FORMERLY CALLED THE TOWN OF MILNTOWN AND BURGH OF BARONY OFPORTMAHOLMACK ALIAS CASTLEHAVENFORMERLY CALLED THE TOWN OR VILLAGE OF PORTMAHOLMACK ANDHAILL POWER PRIVILEGEAND IMMUNITIES THERETO BELONGING ALL WHICH LANDS BARONIESRIGHTS OF PATRONAGEOF CHURCHS AND CHAPLAINARIES MILNS WOODS FISHING TEINDS ANDOTHERS PARTICULARLYABOVE SPECIFIED WITH THE PERTINENTS ----------------ANNEXED AND INCORPORATEDIN AN HAILL FALL AND FREE BARONY CALLED THE BARONY OFTARBAT AND ALL AND WHOLETHE BURGH OF REGALITY BEING IN AFFECT THE FORESAID TOWN OFMILNTOWN FORMERLYERECTED IN AN BURGH OF REGALITY WITH POWER OF BUILDINGHAVING AND KEEPINGWITHIN THE SAID BURGH OF REGALITY CALLED THE BURGH OFBARONY AND REGALITY OFTARBAT A TOLBOOTH A PUBLIC WEIGH HOUSEAND MARKET CROSS AND WITH THE FEES CASUALTIESPROFITS AND EMOLUMENTSTHEREOF AND ALL OTHER POWERS LIBERTIES PRIVELIGES ANDJURISDICTIONS WHICHPERTAINED TO THE SAID GEORGE LATE EARL OF CROMARTY IN SOFAR AS THE SAME ARENOT NOW ABOLISHED BY LAW CONFORM TO THE CHARTER GRANTED TO THE SAIDDECEASED GEORGEstyle='mso-spacerun:yes'> EARL OF CROMARTYTHEREAPON UNDER THE GREATSEAL OF SCOTLAND DATED AT WINDSOR CASTLE THE NINTH DAY OFJUNE SIXTEEN HUNDREDAND EIGHTY SIX YEARS AND BY WHICH THEBURGH OF REGALITY AFORESAID AND PRIVILEGES THEREOF ANDOTHERS THEREIN MENTIONEDARE UNITED ANNEXED AND INCORPORATED TO THESAID BARONY OF TARBAT COMPREHENDING IN MANNERFORESAID FOR EVERTHEREAFTER IN ALL TIME COMING TOGETHER WITH ALL RIGHT TITLEAND INTEREST THESAID GEORGE LATE EARL OF CROMARTY OR HIS HEIRS ANDSUCCESSOR HAD HAVEstyle='mso-spacerun:yes'> OR CAN PRETENDTHERETO IN TIME COMING BYVIRTUE OF ANY POSTERIOR CHARTERS OR OTHER WRITS GRANTED TOTHEM THEREANENT ANDSICCLIKE ALL AND WHOLE THE OXGATE OFLAND OF MIDGEINS COMMONLY CALLED THE OXGATE OFstyle='font-size:10.0pt;font-family:Arial;color:red'>DONALD MACWILLIAMstyle='font-size:10.0pt;font-family:Arial;color:black'>LYING WITHIN THEPAROCHIN OF FEARN LATE REGALITY THEREOF AND SHERIFFDOMLATELY OF ROSS AND NOWOF CROMARTY AND LIKEWISE ALL AND WHOLE THE TOWN AND LANDSOF AMATNATIA LYINGWITHIN THE PROVINCE OF KINCARDINE REGALITY FORESAID ANDSHERIFFDOM LATELY OFROSS AND NOW OF CROMARTY AS ALSO ALL AND WHOLE THE TOWNSLANDS ACRES CROFTS ANDOTHERS UNDERWRITTEN WITH THEIR PERTINENTS VIZ. ALL ANDWHOLE THE HALF OF THEMANOR PLACE OF FEARN OF OLD CALLED THE MONASTERY OF FEARNALL AND WHOLE THEHALF OF THE YARDS AND ORCHYARDS OF THE SAID MONASTERY OFFEARN WITH THEIRPERTINENTS AND ALL AND WHOLE THE TOWNS AND LANDS OF EASTERAND MIDDLE GENIES WITHTHE ALE HOUSE AND ALE HOUSE CROFT THEREOF AND PERTINENTSALL AND WHOLE THE TOWNAND LANDS OF BELLAMUCHIE AND BELLAVAICHALIAS BELLANZIECH WITH THEIR PERTINENTS ALL THE WHOLE THETOWNS AND LANDS OFCATBO-FISHER AND TULLICH WITH THEIR PERTINENTS ALL ANDWHOLE THE TOWNS ANDLANDS OF LOCHCLAVAIG AND LALACHIE AND MUCKERNISH WITH THEALE HOUSE ALE HOUSEAND CROFTS GRAZING SHEALLINGS AND OTHER PERTINENTS ALL THEWHOLE THE HALF OFTHE LANDS OF COTTARS DALVINGS AND EIGHT ACRES OF LAND OFOLD POSSESSED BY THE FISHERSstyle='mso-spacerun:yes'> OF FEARN WITHTHE PERTINENTS THEREOF ALE ANDWHOLE THE TOWN AND LANDS OF LITTLE MILNTOWN OF FEARN WITHTHE PERTINENTS ALLTHE WHOLE THE TOWN AND LANDS OF LITTLE REINY WITH THEPERTINENTS ALL AND WHOLETHE TOWN AND LANDS OF BALBLAIR WITH THE ALE HOUSE AND ALEHOUSE CROFT ANDPERTINENTS OF THE SAME AS ALSO THE TOWN AND LANDS OF EASTERFEARN WITH THEPERTINENTS WITH ALL AND SUNDRY THE DUTIES MANER PLACESHOUSES BIGGINGS YARDSORCHYARDS WOODS FISHING CROFTS OUTSETS INSETS TENANTSTENANTRIES AND SERVICE OFFREE TENANTS ANNEXES CONNEXES DEPENDENCIES LOANINGSGRAZINGS SHEALINGS PARTSPENDICLES AND PERTINENTS WHATSOEVER OF ALL AND SUNDRY THESAID TOWNS LANDSCROFTS AND OTHERS ABOVE WRITTEN WITH THEPERTINENTS ALL LYING WITHIN THE BISHOPRICH OF ROSS ANDSHERIFFDOM LATELYTHEREOF AND NOW OF CROMARTY TOGETHER WITH THE RIGHT OFSUPERIORITY AND IF THEFEUDUTIES OF THE KING OF THE SAID ABBACY OF FEARNAFTERWARDS CALLED THE BARONYOF GENIES SOMETIME PERTAINING TO SIR WILLIAM STCLAIR OF MEYAND AFTERWARDS TOGEORGE LORD TARBAT AND SICLIKE ALL WHOLE THE CHAPLAINCIESOF KILDIN STCATHERINE IN CHANONRY CHAPEL LANDS AT ST CATHERINE AND STMARY IN THE BURGH OFDINGWALLARDIFAILLIE MULLOCHIE EASTER RARICHIES DRUMS ALIES DRUMMONDST MONANS BYASSUMPTION ABSDELL PREISTHILL ULLADELL ALIAS ST JAMESCHAPLAINNE MOUNCHIESTARLOGIE CAMBUSCUVIES THE CHAPAINCIES OF TARBAT DRUMKEITHAPPLECROSS FYRESCULLICRAIGIE ROSSKEEN KILMUIR THE CHAPLAIN LANDS OF ALNESSBALNAGOWN BALCONIEALIAS CUNLISHIE CLYNES MULTAIRES FOLLIE KINCARDIE THECHAPLAINCIES OF STLAWRENCE AT THE CASTLE OF DINGWALL TENOWAR FENINICHCONTULICH THE SACRISTY ORSPIRITUAL PROVOSTRY OF TAIN AND PERTENDERIES THEREOF WITHTHE HAILL CASUALTIESOF THE SAME ALL LYING WITHIN THE DIOCY OF ROSS ANDSHERIFFDOM OF INVERNESS ROSSAND CROMARTY FORESAID RESPECTIVELY AND ALL AND WHOLE THELANDS SHEALINGS ANDGRAZINGS OF KINLOCHLIKEA WITH HOUSES BIGGINGS YARDS LOCHSFISHINGS ANDPERTINENTS THEREOF LYING WITHIN THE SHERIFFDOM LATELY OFROSS AND NOW OFCROMARTY ALL AND WHOLE THE TOWN AND LANDSOF PRIESTHILL AND TOBERNAGALLADER WITH THE MANNER PLACEHOUSES BIGGINGS YARDSORCHYARDS MUIRS MEADOWS PARTS PENDICLES AND UNIVERSALPERTINENTS THEREOF LYINGWITHIN THE PAROCHIN OF KILLYMUIR AND SHERIFFDOM LATELY OFROSS AND NOW OFCROMARTY WITH THE PARSONAGE TEINS AND OTHER TEINDS AS WELLGREAT AS SMALLPARSONAGE AND VICARAGE OF THE SAID LANDS AND FURTHER ALLAND SUNDRY THE ISLESLANDS AND OTHERS UNDERWRITTEN VIZ ALL AND WHOLE THE LANDSOF BARRY VATERSAYSANDEREEY PHAPPAY NIGILLAY BENARAY THE ISLE OF TENAYKILLIGILT AND HAILLREMNANT LANDS AND ISLANDS ADJACENT TO THE SAID ISLE OFBARRAY CALLED THEPENDICLES ISLES OF BARRAY AND ALL AND WHOLE THE LANDSCALLED TOUINGS OFDEGASTILL LYING IN SOUTH UIST AND OF ALL OCCUPIED BY MCNEILOF BARRAY TOUINGSOF FINDAY KILBARRAY MIELIEN GRANGEBURROW THE TOUING OFKELLES AND HAMIGASTILLWITH THE CASTLEOF KISMILL ANDALL AND SUNDRY OTHER CASTLES TOWERS FORTALICES MANOR PLACES MILNS WOODSFISHING TOFTS CROFTSMUIRS MARSHES ISLANDS LOCHS PASTURAGES PARTS PENDICLESCONNEXES AND PERTINENTSTHEREOF WHATSOEVER PERTAINING TO THE SAID ISLE OF BARRAYAND REMANANT ISLESABOVE SPECIFIED OR POSSESSED BY THE SAID MCNEIL OF BARRAYALL LYING WITHIN THESHERIFFDOM OF INVERNESS AND NOW UNITED ANNEXED ANDINCORPORATED IN AN HAILL ANDFREE BARONY CALLED THE BARONY OF BARRAY WITH THE WHOLEOTHER PRIVILEGES ANDPERTINENTS THERETO BELONGING CONFORM TO A CHARTER UNDER THE GREATSEAL GRANTED TO THEDECEASED GEORGE EARL OF CROMARTY THEREAPON OF THE DATE THESECOND DAY OF MARCHSIXTEEN HUNDRED AND NINETY TWO YEARS AND APON WHICH HE WASINFEFT UPON THEELEVENTH DAY OF OCTOBER SIXTEEN HUNDRED AND NINETY FOURYEARS AND HIS SASINEREGISTERED IN THE GENERAL REGISTER OF SASINES APON THESIXTEENTH DAY OF THESAID MONTH OF OCTOBER SIXTEEN HUNDRED AND NINETY FOUR YEARSstyle='font-size:10.0pt;font-family:Arial;color:black'>ALL WHICH TOWNS LANDSBARONIES MILNS MILNLANDS TEINDS PATRONAGES BURGHS OF BARONYAND REGALITY ANDOTHERS PARTICULARLY AND GENERALLY ABOVE MENTIONED AREUNITED ANNEXED ERECTEDAND INCORPORATED IN AN HAILL AND FREE BARONY CALLED THEBARONY OF TARBAT ANDCASTLE TOWER AND FORTALICE OF MILNTOWNOF MEDDAT IS DECLAREDTO BE THEPRINCIPAL------------------ OF THE SAID BARRONY OF TARBATAND ONE SASINE TO BETAKEN THEREAT OR APON THE GROUND OF ANYOTHER PART OR PORTION OF THE SAID BARONY IN ALL TIME COMINGIS DECLARED TO BE ASUFFICIENT SASINE FOR ALL SUNDRY THE SAID TOWNS LANDSBARONYS AND OTHERS SOERECTED IN THE SAID BARONY OF TARBAT AND THAT BY ---------------- OF EARTH ANDSTONE AND WITHOUT THE NECESSITY OF ANY OTHER SYMBOL CONFORMTO A style='font-size:10.0pt;font-family:Arial;color:red'>CHARTER MADE AND PASSEDUNDER THE GREAT SEAL IN FAVOUR OF THE SAID DECEASED GEORGEEARL OF CROMARTY INLIFERENT AND TO JOHN AFTERWARDS EARL OFCROMARTY AND TO THE HEIRS OF TAILLIE THEREINMENTIONED IN FEE DATED THEFIFTEENTH DAY OF JULY SIXTEEN HUNDRED ANDNINETY EIGHT YEARS WHICH ERECTION OF THE SAIDBARONY OF TARBAT WITH THEDISPENSATION ABOVE MENTIONED FOR TAKING THE SAID SASINE HISMAJESTY GEORGE THETHIRD WITH CONSENT OF THE BARONS OF EXCHEQUER IN SCOTLANDBY A CHARTER INFAVOUR OF THE SAID DECEASED JOHN LORD MACLEOD DATED THEFOUTEENTH DAY OFFEBRUARY SEVENTEEN HUNDRED AND EIGHTY SIX YEARS RATIFIEDAND APPROVED FOR EVERAND SICLIKE ALL AND WHOLE THE TOWNS AND LANDS OF CASTLELEODNOW CALLEDCASTLELEOD AND GLENSHEUGH ALIAS GLENCHEACH WITH ANNEXES CONNEXESPARTS PENDICLES ANDUNIVERSAL PERTINENTS THEREOF LYING OF LATE WITHIN THESHERIFFDOM OF ROSS ANDNOW BY ANNEXATION WITHIN THE SAID SHERIFFDOM OF CROMARTYAND ALSO ALL AND WHOLETHE LANDS OF DOVECROFT WITH THE PERTINENTS ALL AND WHOLETHE LANDS OF BRIGHOUSEALE HOUSE AND ALE HOUSE CROFT THEREOF ALL AND WHOLE THE LAND OFMILNCROFT AND PERTINENTS ALL ANDWHOLE THE LANDS OF WAITLANDS AND PERTINENTS AND THATPENDICLE AND PORTION OFTHE ABBEY OF FEARN CALLED ELVIN AND KNOCKAN IN ASSINT ALLAND WHOLE THE TOWNAND LANDS OF INVERCHARRON WITH ALE HOUSE AND ALE HOUSECROFT AND PERTINENTS OFTHE SAME WHATSOEVER AS APPEARS FROM A CHARTER UNDER THEGREAT SEAL DATED THETWENTY NINTH DAY OF NOVEMBER SEVENTEEN HUNDRED AND TWENTYTWO YEARS IN FAVOUROF THE SAID GEORGE LATE EARL OF CROMARTYAND ALL WHICH DIFFERENT LANDS BARONIES AND OTHERS ABOVEWRITTEN ARE CONTAINEDIN A CHARTER UNDER THE SEAL APPOINTED BY THE TREATY OF UNION TO BEKEPT AND USED INSCOTLAND IN PLACE OF THE GREAT SEAL THEREOF IN FAVOUR OFTHE SAID JOHNMACKENZIE ESQUIRE COMMONLY CALLED LORD MCLEOD DATED THETHIRTIETH DAY OFDECEMBER SEVENTEEN HUNDRED AND EIGHTY SIX AND SEALED THETHIRTIETH DAY OFSEPTEMBER SEVENTEEN HUNDRED AND EIGHTY EIGHT BY WHICHCHARTER IT IS ORDAINEDTHAT A SASINE TO BE TAKEN BY THE SAID JOHN MACKENZIEESQUIRE COMMONLY CALLEDLORD MACLEOD AND THE HEIRS MALE OF HIS BODY AND THEstyle='mso-spacerun:yes'> OTHER HEIRS ANDSUBSTITUTES OF TAILZIETHEREIN MENTIONED THEN AND IN ALL TIME COMING AT THE SAIDCASTLE TOWER ANDFORTALICE OF MILNTOWN OF MEDDAT OR APON THE GROUND OF ANYPART OR PORTION OFTHE SAID LANDS BARONIES AND OTHERS ABOVE WRITTEN BYDELIVERY OF EARTH AND STONEOF THE GROUND THEREOF MANARLY WITHOUT ANT OTHER SYMBOLSHOULD BE AS VALID ANDSUFFICIENT A SASINE FOR THE SAID WHOLE LANDS BARONIESTEINDS AND OTHER HERITAGESABOVE WRITTEN AS IF A PARTICULAR SASINEHAD BEEN TAKEN UPON EVERY PART AND PORTION THEREOF AND BYDELIVERY OF ALLTHE USUAL SYMBOLS AND THATNOTWITHHSTANDING THE SAME LAY DISCONTIGUOUS AND INDIFFERENT JURISDICTION ANDMIGHT REQUIRE VARIOUS SYMBOLS WHEREANENT ANDWITH ALL THAT MIGHT BE OBJECTED AGAINST THEVALIDITY OF SUCH SASINE HISMAJESTY FOR HIMSELF AND HIS ROYAL SUCCESSORS DISPENSED FOREVER OR FURTH OF ANYPART OR PORTION OF THE SAID LANDS BARONIES AND OTHERS FIRST ANDREADIEST MAILLS FARMSPROFITS AND DUTIES OF THE SAME BUT ALSOIN ALL AND SUNDRY THE LANDS BARONIES AND OTHERHERITAGES BEFORE WRITTENTHEMSELVES IN FURTHER SECURITY TO THE SAID ALEXANDERMACKENZIE WHOMFAILING THEHEIRS WHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARLOF CROMARTY WHOMFAILING THENEAREST HEIRS AND ASSIGNEES OF THE SAID GEORGE VISCOUNT OFTARBAT AFTERWARDSEARL OF CROMARTY OF PAYMENT OF THE SAID SUMS OF MONEYPRINCIPAL ANNUAL RENTSLIQUIDATED EXPENCES AND TERMLY FAILURES RESPECTIVELY BEFORESPECIFIED AND THATBY TWO SEVERAL INFEFTMENTS AND DISTINCT MANNERS OF HOLDINGTHE ONE THEREOF ASWELL WITH RESPECT TO THE INFEFTMENT OF ANNUAL RENT AS TOTHAT OF PROPERTY INSECURITY TO BE HOLDEN OF ME THE SAID MRS MARIA MURRAY HAYMACKENZIE AND THEHEIRS OF TAAILZIE SUCCEDING TO ME IN THE SAID LANDSBARONIES AND OTHERHERITAGES BEFORE WRITTEN IN FREE BLENCH FOR PAYMENT OF APENNY SCOTS MONEY UPONTHE GROUND OF THE SAID LANDS AT THE TERM OF WHITSUNDAYYEARLY IF AS ASKED ONLYAND THE OTHER OF THE SAID INFEFTMENT TOBE HOLDEN FROM ME AND THE HEIRS OF TAILZIE SUCCEEDING TO MEIN THE SAID LANDSBARONIES AND OTHERS OF OUR IMMEDIATE LAWFUL SUPERIOR OF THESAME IN MANNERFOLLOWING VIZ THE FORESAID INFEFTMENT OF ANNUAL RENT INFREE BLENCH FOR PAYMENTOF A PENNY SCOTS MONEY ON THE GROUND OF THE SAID LANDS ATTHE TERM OFWHITSUNDAY YEARLY IF ASKED ONLY AND THEINFEFTMENT OF PROPERTY IN THE SAID LANDS BARONIES AND OTHERHERITAGESTHEMSELVES IN SECURITY AS AFORESAID BY THE SAME TENURE ANDAS FREELY IN ALLRESPECT AS I OR THE HEIRS OF TAILZIE SUCCEEDING TO ME HELDHOLD OR MIGHT HAVEHOLDEN THE SAID LANDS BARONIES AND OTHER HERITAGESTHEMSELVES AND THAT EITHERBY RESIGNATION OR CONFIRMATION OR BOTH THE ONE WITHOUTPREJUDICE OF THE OTHERAND FOR EXPEDING THE SAID INFEFTMENT BY RESIGNATION I THESAID MRS MARIA MURRAYHAY MACKENZIE FOR MYSELF AND THE HEIRS OF TAILZIESUCCEEDING TO ME HEREBY MAKECONSTITUTE AND APPOINT -----------------------------------------------------AND EACH OF THEM JOINTLY AND SEVERALLY MY LAWFUL ANDIRREVOCABLE PROCURATORS TOTHE EFFECT AFTER WRITTEN GIVING GRANTING AND COMMITTING TOTHEM MY FULL POWERWARRANT AND COMMISSION FOR ME AND IN MY NAME AND THAT OFTHE HEIRS OF TAILZIESUCCEEDING TO ME IN THE SAID ESTATE TO COMPEAR BEFORE OURIMMEDIATE LAWFULSUPERIORS OF THE SAID LANDS AND OTHERS ABOVE RECITED ORTHEIR COMMISSIONERS INTHEIR NAMES HAVING POWER TO RECEIVE RESIGNATION AND TOGRANT NEW INFEFTMENTTHEREUPON AND THERE WITH ALL DUE REVERENCE AND HUMILITY ASBECOMES PURELY ANDSIMPLY BY STAFF AND BATON AS USE IS TORESIGN AND SURRENDER LIKEES AS I HEREBY FORMYSELF AND THE HEIRS OFTAILZIE SUCCEEDING TO ME IN THE SAID ESTATE OF CROMARTYRESIGN AND SURRENDER UPGIVE OVERGIVE AND DELIVER NOT ONLY ALL AND WHOLE THEFORESAID ANNUAL RENT OFONE HUNDRED AND SIXTY FIVE POUNDS NINETEEN SHILLINGS AND AFARTHING STERLING ORSUCH ANNUAL RENT LESS OR MORE AS SHALL BY LAW FOR THE TIME --------- ANDCORRESPOND TO THE SAID PRINCIPAL SUM OF THREETHOUSAND THREEHUNDRED ANDNINETEEN POUNDS AND FIVE PENCE ONE THIRD OF A PENNYSTERLING TO BE UPLIFTED ANDTAKEN AT THE TERMS AND BY THE PROPORTIONS AND WITH THETERMLY FAILURES BEFOREMENTIONED FURTH OF ALL AND WHOLE THE LANDS AND BARONIES ANDOTHER HERITAGESBEFORE MENTIONED AND LYING AND DESCRIBED AS AFORESAID ORFURTH OF ANY PART OR PORTIONTHEREOF FIRST AND READIEST RENTS MAILLS FARMS PROFITS ANDDUTIES OF THE SAMEBUT ALSO ALL AND SUNDRY THE SAID LANDS BARONIES AND OTHERHERITAGES THEMSELVESTOGETHER WITH ALL RIGHT TILE AND INTEREST CLAIM OF RIGHTPROPERTY ANDPOSSESSION AS WELL PETITORY AS POSSESSORY WHICH I OR THE HEIRS OF TAILZIESUCCEEDING TO ME ASAFORESAID HEID OR ANY WISE MIGHT HAVECLAIM OR PRETEND THERETO OR TO ANY PART OR PORTION THEREOFIN TIME COMING INREAL SECURITY AND MORE SURE PAYMENT TO THE SAID ALEXANDERMACKENZIE WHOMFAILINGTO THE HEIRS ABOVE WRITTEN OF THE SAID EARL OF CROMARTY OFTHE BEFORE WRITTENSUMS OF MONEY PRINCIPAL ANNUAL RENT LIQUIDATE EXPENCES ANDTERMLY FAILURESBEFORE SPECIFIED IN THE HANDS OF MY IMMEDIATE LAWFULSUPERIORS OF THE LANDS ANDOTHER HERITAGES FORESAID OR OF THEIR COMMISSIONERS IN THEIRNAMES HAVING POWERTO RECEIVE RESIGNATION AND THEREAPON TO GRANT NEWINFEFTMENTS IN FAVOUR AND FORNEW INFEFTMENTS OF THE SAME TO BE GIVEN AND GRANTED TO THESAID ALEXANDERMACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITEN OF THE SAID GEORGEVISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTY HERITABLE BUT REDEEMABLY ALWAYS CONFORM TOTHE CLAUSE OFstyle='mso-spacerun:yes'> REVERSION AFTERSPECIFIED IN DUE AND COMPETENTFORM AS EFFEIRS ACTS INSTRUMENTS AND DOCUMENTS UPON THEPREMISSES TO ASK ANDTAKE AND GENERALLY EVERY OTHER THING TO DO THERE ANENTWHICH I THE SAID MRSMARIA MURRAY HAY MACKENZIE OR THE HEIRSOF TAILZIE SUCCEEDING TO ME AS AFORESAIDCOULD HAVE DONE IF PERSONALLY PRESENT OR WHICH TO THEOFFICE OF PROCURATOR INAND CASES IS KNOWN TO BELONG PROMISING HEREBY TO RATIFY ANDCONFORM WHATEVER MYSAID PROCURATORS SHALL LAWFULY DO OR CAUSE TO BE DONE INTHE PREMISSES WHICHANNUAL RENT UPLIFTABLE FURTH OF THE LANDS BARONIES ANDOTHER HERITAGES BEFORESPECIFIED AND THE SAID LANDS BARONIES AND OTHER HERITAGESBEFORE WRITTENTHEMSELVES THESE PRESENTS AND INFEFTMENTS TO FOLLOWHEREAPON I THE SAID MRSMARIA MURRAY HAY MACKENZIE BIND AND OBLIGE ME AND THE HEIRSOF TAILZIESUCCEEDING TO ME IN THE SAID ESTATE TO WARRANT TO THE SAIDALEXANDER MACKENZIEWHOMFAILING TO THE HEIRS ABOVE WRITTEN OF THE SAID GEORGEVISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTY AT ALL HANDS AND AGAINST ALLDEADLY AS ------------MOREOVER I THE SAID MRS MARIA MURRAY HAY MACKENZIE AND THEHEIRS OF TAILZIESUCCEEDING TO ME AS AFORESAID MAKE AND CONSTITUTE THE SAIDALEXANDER MACKENZIEWHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGEVISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTIE MY LAWFULSESSIONERS AND ASSIGNEES NOT ONLY IN AND TO THEWHOLE WRITTS AND EVIDENTS RIGHTS TITLES ANDSECURITIES OF AND CONCERNINGTHE SAID LANDS BARONIES AND OTHER HERITAGES BEFORESPECIFIED BUT ALSO IN AND TOTHE WHOLE RENTS MAILS AND DUTIES KAINS CUSTOMS ANDCASUALTIES OF THE SAME DUEAND PAYABLE FURTH OF THE SAME FOR CROPS AND YEAR EIGHTEENHUNDRED AND TWENTYFIVE AND FOR ALL CROPS AND YEARS IN TIME COMING DURING THENOT REDEMPTIONTOGETHER WITH THE TACKS AND RENTAILS OF THE SAID LANDSBARONIES AND OTHERHERITAGES AND ALL ACTION DILEGENCE AND EXECUTION COMPETENTTO ME THEREAPONSURROGATING AND SUBSTITUTING THE SAID ALEXANDER MACKENZIEWHOMFAILING THE HEIRSABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTYIN THE FULL RIGHT AND PLACE OF ME AND THEHEIRS OF TAILZIE SUCCEEDING ME IN THE SAIDLANDS BARONIES AND OTHERS OFTHE PREMISSES UNDER REVERSION AS SAID IS FOR THERE SECURITYAND PAYMENT OF THESUMS OF MONEY PRINCIPAL ANNUAL RENT LIQUIDATE EXPENCES ANDTERMLY FAILURESBEFORE SPECIFIED IF INCURRED WITH FULL POWER TOTHE SAID ALEXANDER MACKENZIE WHOMFAILING THEHEIRS ABOVE WRITTEN OF THESAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTYTO DEMAND UPLIFT ANDRECEIVE THE RENTS MAILLS AND DUTIES BEFORE ASSIGNED CHARGEAND PURSUE THEREFORRECEIPTS AND DISCHARGES THEREOF TO GRANT AND GENERALLYEVERY OTHER THING INRELATION TO THE PREMISSES TO DO WHICH ICOULD HAVE DONE MYSELF BEFORE THE GRANTING HEREOF WHICHASSIGNATION ABOVEWRITTEN I THE SAID MRS MARIA MURRAY HAY MACKENZIE BIND ANDOBLIGE ME AND THEHEIRS OF TAILZIE SUCCEEDING TO ME IN THE SAID ESTATE TOWARRANT TO THE SAIDALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVE WRITTENOF THE SAID GEORGEVISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY AS FOLLOWSVIZ IN SO FAR ASCONCERNS THE WRITTS AND EVIDENTS AGAINSTALL DEADLY AND IN SO FAR AS CONCERNS THE MAILS AND DUTIESFROM OUR OWN FACTSAND DEEDS ONLY AND IT IS HEREBY EXPRESSLY PROVIDED ANDDECLARED THAT IN CASETHE SAID ALEXANDER MACKENZIE WHOMFAILING THEHEIRS ABOVE WRITTEN OF THE SAID GEORGEVISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTY SHALL THINK FIT AT ANYTIME HEREAFTER TO ENTER TO THE POSSESSION OF THE SAID LANDSOR TO UP LIFTstyle='mso-spacerun:yes'> THE RENTS MAILLSOR DUTIES OF THE SAME OR ANYPART THEREOF EITHER BY VIRTUE OF THISRIGHT AND THE INFEFTMENT OF PROPERTY IN SECURITY TO FOLLOWHEREAPON OR BYVIRTUE OF THE ASSIGNATION TO THE MAILLS AND DUTIES ABOVEWRITTEN THEN AND INTHAT CASE THE SAID ALEXANDER MACKENZIE WHOMFAILING THEHEIRS ABOVE WRITTEN OFTHE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OFCROMARTY SHALL ONLY BELIABLE TO HOLD COUNT AND RECONING FORTHEIR ACTUAL INTROMISSIONS ACCORDING AS THE SAME SHALL BEINSTRUCTED BY WRIT OROATH OF PARTY AND THAT THEY SHALL IN NOWAYS BE LIABLE FOROMISSION OR FOR THESOLVENCY OF TENNANTS AS ALSO THAT IT SHALL BELAWFUL TO THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRS ABOVEWRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTY TODESIST AND CEASE FROM AND AGAIN RESUME POSSESSION OF THELANDS BEFORE MENTIONEDFROM TIME TO TIME AS THEY SHALL THINK FIT AND EXPEDIENT ANDTHAT DURING THEIRPOSSESSION THEY SHALL HAVE ALLOWANCE FOR WHAT THEY SHALLDISBURSE AND EXPENDFOR REPARATION CESS OR OTHER PUBLIC BURDIND WHATEVERWHETHER INCIDENTAL ORANNUAL AFFECTING THE SAID LANDS BARONIES AND OTHERHERITAGES BEFORE DISPONED INANY MANNER OF WAY AND HAVE DEDUCTION FOR WHAT CHARGES THEYMAY BE PUT TO INMAINTAINING THEIR RIGHT TO THE SAID LANDS BARONIES ANDOTHER HERITAGES OR THEIRPOSSESSION OF THE SAME BY VIRTUE OF THESE PRESENTS ANDFURTHER IN CASE IT SHALLPLEASE THE SAID ALEXANDER MACKENZIEWHOMFAILING THE HEIRS ABOVE WRITTEN OF THE SAID GEORGEVISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTY TO HOLD THE SAID ANNUAL RENTAND THEstyle='mso-spacerun:yes'> LANDS BARONIESAND OTHER HERITAGES BEFOREDISPONED OF ME AND THE HEIRS OF TAILZIESUCCEDING TO ME AS AFORESAID I HEREBYBIND AND OBLIGE ME AND THEM TO ENTER ANDRECEIVE THE SAID ALEXANDER MACKENZIE WHOMFAILING THE HEIRSABOVE WRITTEN OF THESAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTYABOVE MENTIONEDVASSALS TO US IN THE SAME AND TO INFEFT AND SEISE THEMTHEREIN WITHOUT ANYCOMPOSITION OR GRATUITY WHATEVER AND I OBLIGE MYSELF ANDTHE HEIRS OF TAILZIESUCCEEDING TO ME AFORESAID TO ASSIGN AND MAKE OVER TO THESAID ALEXANDERMACKENZIE WHOMFAILING THE HEIRS ABOVEWRITTEN OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTY THEWHOLE NON ENTRY DUTIES AND OTHER DUTIES AND CASUALTIESWHICH MAY FALL AND BEEXIGIBLE DURING THEIR NON ENTRY AND I BIND AND OBLIGE MEAND MY FORESAIDS TODELIVER UP TO THE SAID ALEXANDER MACKENZIE WHOMFAILING TOTHE HEIRS ABOVEWRITTEN OF THE SAIDGEORGE VISCOUNT OFTARBAT AFTERWARDS EARL OF CROMARTY THE WRITTS AND EVIDENTSOF THE LANDSBARONIES AND OTHER HERITAGES ABOVE MENTIONED UPON ALLOCCASIONS NECESSARY FORstyle='mso-spacerun:yes'> FOR DEFENCE OFTHIS PRESENT RIGHT IN SECURITYOF THE AFORESAID SUMS OR FOR RECOVERING PAYMENT THEREOFWHEN REQUIRED APONTHEIR RECEIPT AND OBLIGEMENT FOR REDELIVERING THEREOF WHENTHESE OCCASSIONS AREOVER AND I CONCENT TO THE REGISTRATION HEREOF IN THE BOOKSOF COUNCIL ANDSESSION OR ANY OTHERS COMPETENT THEREINTO REMAIN FOR PRESERVATION AND IF NEEDFUL TOHAVE A DECREET INTERPONEDHERETO THAT LETTERS OF HORNING ON SIX DAYS CHARGE AND ALLOTHERS NECESSARYEXECUTION MAY PASS THEREAPON IN FORM AS OFFERS AND TO THATEFFECT I CONSTITUTEMY PROCURATORS MOREOVER TO THE EFFECT THE SAID ALEXANDERMACKENZIE WHOMFAILINGTHE HEIRS MALE WHATSOEVER OF THE SAID GEORGE VISCOUNT OFTARBAT AFTERWARDS EARLOF CROMARTY WHOMFAILING THE NEAREST HEIRS ANDASIGNEES WHATSOEVER OF THE SAID GEORGEVISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTY MAY BE INFEFT AND SEIZED NOT ONLY IN THEANNUAL RENT BEFOREMENTIONED UPLIFTABLE FORTH OF THE LANDS BARONIES AND OTHERHERITAGES BEFORESPECIFIED BUT ALSOIN THE SAID LANDS ANDOTHERS THEMSELVES IN SECURITY AS SAID AS I THE SAID MRSMARIA MURRAY HAY MACKENZIEDESIRE AND REQUIRE YOU AND EACH OF YOU CONJUNCTLY ANDSEVERALLY MY BAILLIES INTHAT PART TO THE EFFECT AFTER SPECIFIED SPECIALLYstyle='mso-spacerun:yes'> CONSTITUTE THATON RIGHT HEREOF YE PASS TOTHE GROUND OF THE SAID LANDS CASTL TOWER AND FORTALICE OFMILNTOWN OF MEDDAT ORTO THE GROUNDS OF ANY PARTS OF THE SAID LANDS BARONIES ANDOTHERS ABOVE WRITTENAT WHICH CASTLE TOWER AND FORTALICE OF MILNTOWN OF OFMEDDAT OR APON THE GROUNDOF ANY PART OR PORTION OF THE SAID LANDSBARONIES AND OTHERS ABOVE WRITTENCOMPREHENDED IN THE FORESAID CHARTER IN FAVOUROF THE SAID JOHNMACKENZIE ESQUIRE COMMONLY CALLED LORD MACLEOD AND THEHEIRS MADE OF HIS BODYAND THE OTHER HEIRS AND SUBSTITUTES OF TAILZIES THEREINMENTIONED SEISIN ISAUTHORISED TO BE TAKEN FOR THE WHOLEFORESAID LANDS BARONIES TEINDS AND OTHERSABOVE WRITTEN BY DELIVERY OF EARTH AND STONEOF THE GROUND THEREOFWITHOUT ANY OTHER SYMBOLS AND THERE GIVE AND DELIVERHERITABLE STATE AND SEISINREAL ACTUAL AND CORPORAL POSSESSION TO THE SAID ALEXANDERMACKENZIE WHOMFAILING THE HEIRS MALE WHATSOEVER OF THE SAID GEORGEVISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTY WHOMFAILING THE NEAREST HEIRSAND ASSIGNEESWHATSOEVER OF THE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTYNOT ONLY OF ALL AND WHOLE THE FORESAID ANNUAL RENT OF ONEHUNDRED AND SIXTYFIVE POUNDS NINETEEN SHILLINGS ONE FARTHING STERLING ORSUCH ANNUAL RENT LESSOR MORE AS SHALL AFFAIR AND CORRESPONDBY LAW FOR THE TIME TO THE AFORESAID PRINCIPAL SUM OF THREETHOUSAND THREEHUNDRED AND NINETEEN POUNDS FIVE PENCE ONE THIRD OF APENNYstyle='mso-spacerun:yes'> STERLING TO BEUPLIFTED AND TAKEN AT THE SAIDTWO TERMS IN THE YEAR WHITSUNDAY AND MARTIMAS BY EQUALPORTIONS BEGINNING THEFIRST UP LIFTING THEREOF AT THE TERM OF WHITSUNDAY NEXT TOCOME FOR THE HALFYEAR FROM MARTINMAS LAST TO THAT TERM AND THE NEXT HAVEYEARS UPLIFTING THEREOFAT MARTINMAS FOLLOWING AND SO FORTH HALF YEARLY THEREAFTERAT THE TERMS ABOVEMENTIONED DURING THE NOT REDEMPTION FURTH OF ALL AND SUNDRYTHE LANDS BARONIESTEINDS AND OTHER HERITAGE BEFORE WRITTEN AND HERE HELD ASREPEATED BREVITATISCAUSA OR FOURTH OF ANY PART OR PORTION OF THE SAME LANDSBARONIES TEINDS ANDOTHER HERITAGES BEFORE SPECIFIED READIEST RENTS MAILLSFARMS PROFITS AND DUTIESOF THE SAME BUT ALSO OF ALL AND SUNDRAY THE SAID LANDSBARONIES TEINDS ANDOTHER HERITAGES THEMSELVES WITH THEPERTINENTS IN REAL SECURITY TO THE SAIDALEXANDER MACKENZIE WHOMFAILINGTHE HEIRS ABOVE WRITTEN OF THE SAIDGEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY OFTHE ABOVE MENTIONEDSUM OF THREE THOUSAND THREE HUNDRED AND NINETEEN POUNDS ANDFIVE PENCE ON THIRDOF A PENNY STERLING ANNUAL RENTS THEREOF LIQUIDATE PENALTYAND TERMLY FAILURESBEFORE SPECIFIED IF INCURRED AND THAT BY DELIVERY TO THESAID ALEXANDERstyle='mso-spacerun:yes'> MACKENZIEWHOMFAILING THE HEIRS ABOVE WRITTENOF THE SAID GEORGE VISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTY OR TO HIS OR THEIR CERTAINATTORNEY OR ATTORNIESIN THEIRNAMES BEARERS HEREOF OF EARTHAND STONE OF THE GROUND OF THE SAID LANDS BARONIES TEINSAND OTHERHERITAGES ANDA PENNY MONEY FOR THE SAID ANNUAL RENT AND ALL OTHERSYMBOLS NECESSARY TOBE HOLDEN IN MANNER BEFORE MENTIONEDDECLARING ALWAYS THAT THE SAID INFEFTMENT OF ANNUAL RENTAND THE OTHERINFEFTMENT OF PROPERTY IN SECURITY ARE AND SHALL BECONSISTENT OR MAY BE USEDJOINTLY OR SEPERATELY BY THE SAID ALEXANDER MACKENZIEWHOMFAILING THE HEIRSABOVE WRITTEN OF THE SAID GEORGEVISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTYIN THEIR OPTION ANDDECLARING ALSO AS IT IS HEREBY SPECIALLY PROVIDED ANDDECLARED THAT THEAFORESAID ANNUAL RENT OF ONE HUNDRED AND SIXTY FIVE POUNDSNINETEEN SHILLINGSONE FARTHING STERLING AND LANDS AND BARONIES TEINDS ANDOTHERS HERITAGES BEFOREDISPONED OUT OF WHICH THE SAME IS PAYABLE SHALL BEREDEEMABLE BY ME THE SAIDMRS MARIA MURRAY HAY MACKENZIE AND THE HEIRS OF TAILZIESUCCEEDING TO ME THESAID LANDS BARONIES TEINDS AND OTHER HERITAGESFROM THE SAID ALEXANDER MACKENZIE WHOMFAILINGTHE HEIRS ABOVE WRITTEN OFTHE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OFCROMARTY BY PAYMENT TOTHEM OR LAWFUL CONSIGNATION FOR THEIR BEHOOF AT THE SIGHTOF THE SAID RIGHTHONOURABLE THE LORD OF COUNCIL AND SESSION OR THE LORDORDINARY OF THE SAIDCOURT OFFICIATING ON THE BILLS IN CASE THE CONSIGNATIONSHALLstyle='mso-spacerun:yes'> BE MADE IN TIMEOF VACATION OF THE FORESAIDPRINCIPAL SUM OF THREE THOUSAND THREEHUNDRED AND NINETEEN POUNDS FIVE PENSE ONE THIRD OF A PENNYSTERLING WITH THEANNUAL RENTS THEREOF AND THE LIQUIDATE PENALTY AND TERMLYFAILURES RESTING ANDINCURRED AT THE TIME TOGETHER WITH THENECESSARY CHARGES THAT SHALL HAPPEN TO BE EXPENDED BYTHEstyle='mso-spacerun:yes'> SAID ALEXANDERMACKENZIE WHOM FAILING THEHEIRS ABOVE WRITTEN OF THE SAID GEORGE VISCOUNT OF TARBATAFTERWARDS EARL OFCROMARTY IN INFEFTING OR OTHERWAYS SECURING THEMSELVES INTHE SAID ANNUAL RENTSAND LAND BARONIES TEINDS AND OTHER HERITAGES FORESAID ANDLIKEWISE OF ALLEXPENCES INCURRENCES IN CONVEYING AND DISCHARGING ORRENOUNCING THESE PRESENTSEITHER IN WHOLE OR IN PART CONFORM TO ANACCOUNT OF THE SAME TO BE GIVEN IN BY THE SAID ALEXANDERMACKENZIE WHOMFAILINGTHE HEIRS ABOVE MENTIONED OF THE SAIDGEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OF CROMARTY ANDTHAT AT AND AGAINSTTHE SAID TERM OF WHITSUNDAY NEXT OR AT THE TERM OFMARTINMAS OR WHITSUNDAY INANY SUBSEQUENT YEAR AND IF THE SAME SHALL HAPPEN TO FALL ONA SUNDAY THEREAPONTHE MONDAY FOLLOWING APON LAWFULPREMONITION OF FORTY DAYS TO BE MADE BY ME AND MY FORESAIDSTO THE SAIDALEXANDER MACKENZIE WHOMFAILING TO THE HEIRS ABOVEWRITTENstyle='mso-spacerun:yes'> OF THE SAIDGEORGE VISCOUNT OF TARBATAFTERWARDS EARL OF CROMARTY IN PRESENCE OF A NOTARY PUBLICAND WITNESSES ASAFFAIRS THE PLACE OF REDEMPTION TO BE WRITTEN THEPARLIAMENT OR NEW SESSIONHOUSE OF EDINBURGH AND THE CONSIGNATIONIN CASE OF ABSENCE OR REFUSED TO BE IN THE HANDS OF THETREASURER TO THE GOVERNMENTAND COMPANY OF THE BANK OF SCOTLAND FOR THE TIME UPON THEPAID OF THEstyle='mso-spacerun:yes'> CONSIGNER AND ITIS HEREBY DECLARED THAT ANEXTRACT OR COPY HEREOF OR OF THE SASINE TO FOLLOW HEREAPONSHALL BE AS EFECTUALFOR USING THE SAID ORDER OF REDEMPTION AS IF A PARTICULARLETTER OF REVERSIONWERE GRANTED BY THE SAID ALEXANDER MACKENZIE OR BY THEHEIRS ABOVE WRITTEN OFTHE SAID GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL OFCROMARTY FOR THAT EFFECTAND THESE THINGS IN NOWAYS YE LEAVE UNDONE FOR THE DOINGWHEREOF I COMMIT TOYOU AND EACH OF YOU AS SAID IS MY FULL POWER BY THIS MYPRECEPT OF SASINEDIRECTED TO YOU FOR THAT EFFECT IN WITNESSOF I HAVESUBSCRIBED THESE PRESENTSCONSISTING OF THIS AND THIRTY EIGHT PRECEEDING PAGES OFDULY STAMPTED PAPERTOGETHER WITH THE MARGINAL NOTE ADDITION ON PAGE EIGHTEENTHALL WRITTEN BYHENRY CHEYNE APPRENTICE TO JOSEPH GORDON WRITER TO THESIGNETstyle='mso-spacerun:yes'>