Rd14 118 765 Deed 3a.txt.xhtml

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rd14 118 765 DEED 3A.txt <pre class="hl">
  1.  { \rtf1\ansi\ansicpg1252\deff0\deflang2057{\fonttbl{\f0\froman\fprq2\fcharset0 Georgia;}}
  2.  {\colortbl ;\red255\green0\blue0;}
  3.  {\*\generator Msftedit 5.41.15.1503;} \viewkind4\uc1\pard\f0\fs16\tab RD/14/118/765. 24TH JUNE 1778 CONTRACT MATRIMONIAL.\par
  4.  \tab\par
  5.  \tab BETWEEN ALEXANDER MACKENZIE OF ARDLOCH AND MISS MARGARET SUTHERLAND \tab 1732.\par
  6.  \tab\par
  7.  \tab EDITED 24 JUNE 1778 PRESENTED BY RODERICK MCLEOD WRITEN IN EDINBURGH.\par
  8.  \par
  9.  \tab REGISTERED BY DAVID RAE AND JAMES BOSWELL.\par
  10.  \par
  11.  \tab 152 BOOKED.\par
  12.  \par
  13.  \par
  14.  \tab AT LANGWELL THE SIXTEENTH DAY OF SEPTEMBER 1732. IT IS APPOINTED CONTRACTED FINALLY AND\par
  15.  \tab MATRIMONALLY AGREED AND ENDED BETWEEN THE PARTIES FOLLOWING VIZ. ALEXANDER MACKENZIE\par
  16.  \tab YOUNGER OF ARDLOCH TO THE SPECIAL ADVICE AND CONSENT OF THE RIGHT \tab HONOURABLE \tab WILLIAM\par
  17.  \tab LORD STRATHNAVER AND THE SAID LORD STRATHNAVER TAKING APON HIM FULL BURDEN FOR THE SAID\par
  18.  \tab ALEXANDER MACKENZIE OF ARDLOCH ON THE ONE PART AND MARGARET SUTHERLAND LAWFULL DAUGHTER\par
  19.  \tab TO THE DEWAFT CAPTAIN ROBERT SUTHERLAND OF LANGWELL WITH THE SPECIAL ADVICE AND CONCENT OF\par
  20.  \tab WILLIAM SINCLAIR OF ------WICK AND THE SAID WILLIAM SINCLAIR OF -------WICK \tab TAKING APON HIM \tab\par
  21.  \tab BURDEN FOR THE SAID MARGARET SUTHERLAND ON THE OTHER PART IN MANNER FOLLOWING THAT IS TO SAY\par
  22.  \tab THE SAID ALEXANDER MACKENZIE AND MARGARET SUTHERLAND WITH CONSENT BOTH HAVE ACCEPTED AND\par
  23.  \tab TAKEN AND BY THEIR PRESENTS ACCEPT AND TAKE EACH FOR THEIR LAWFULL \tab PROMISED SPOUSES AND \par
  24.  \tab FAITHFULY JOINED AND OBLIGE THEM TO SOLOMENIZE AND COMPLETE THE HOLY BOND OF MARRIAGE \tab TOGETHER\par
  25.  \tab WITH ALL REQUISITE SOLOMENISES BETWIX AND THE -----DAY OF OCTOBER NEXT TO COME IN \tab CONTENPLATION\par
  26.  \tab OF THE WHICH MARRIAGE AND FOR THE LOCKER UNDERWRITEN THE SAID ALEXANDER MACKENZIE OF \tab ARDLOCH\par
  27.  \tab AND THE SAID WILLIAM LORD STRATHNAVER AS TAKING APON HIM FULL BURDEN FOR THE SAID ALEXANDER \par
  28.  \tab MACKENZIE BINDS AND OBLIGES THEM THEIR HEIRS AND SUCCESSORS TO DULY AND UFFICIENTLY INFEFT\par
  29.  \tab AND SAISE THE SAID MARGARET SUTHERLAND IN LIFERENT DURING ALL THE DAY OF HER LIFETIME AFTER THE\par
  30.  \tab DOWERY OF THE SAID ALEXANDER MACKENZIE IN CASE SHE SHALL HAPPEN TO \tab SURVIVE HIM IN ALL AND HAILLE\par
  31.  \tab THE SUM OF THE FIVE HUNDRED AND TWENTY FIVE MERKS SCOTS MONEY YEARLY UPLIFTABLE BY HER IN THE\par


  32.  \tab EVENT FOURTH AT TWO TERMS IN THE YEAR BY EQUALL PROPORTIONS BEGINNING THE FIRST TERMS PAYMENT\par
  33.  \tab OF THE SAID ANNUITIES AT THE FIRST TERM OF WHITSUNDAY OR MARTIMAS AFTER THE DOWERY OF THE SAID\par
  34.  \tab ALEXANDER MACKENZIE AND SO FORTH TO CONTINUE YEARLY THEREAFTER DURING THE SAID \tab LIFETIME AND\par
  35.  \tab THE SAID ALEXANDER MACKENZIE AND THE SAID RIGHT HONOURABLE WILLIAM LORD STRATHNAVER AS \tab BURDEN\par
  36.  \tab TAKEN FOR HIM BINDS AND OBLIGES THEM AND THEIR ABOVE WRITEN TO DELIVER THE SAID SECURITIES IN \par
  37.  \tab MANNER ABOVE WRITTEN DULY AND VALIDLY MADE INTO BETWIX AND THE TERM OF WHITSUNDAY NEXT TO \par
  38.  \tab COME THE SAID LORD STRATHNAVER BEING ONLY BOUND AS BURDEN TAKEN FOR THE LIFE RENT PROVISION TO\par
  39.  \tab THE SAID MARGARET SUTHERLAND AND GO FURTHER AND THE SAID ALEXANDER MACKENZIE HERBY DECLARES\par
  40.  \tab THAT THE LIFERENT PROVISION ABOVE WRITTEN IS NO WITTS TO JUDGE THE SAID MARGARET SUTHERLAND\par
  41.  \tab ON HER RIGHT TO HER SHARE OF MOOVEABLES AND CONCUR AS THE LAW DIRECTS THE SAME BEING REFERED\par
  42.  \tab ENTIRE TO HER FURTHER THE SAID ALEXANDER MACKENZIE BINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS\par
  43.  \tab DULY AND SUFFICIENTLY TO PROVIDE AND SECURE THE HEIRS MALE TO BE ROCREATE OF THE MARRIAGE\par
  44.  \tab IN THE SAME OF TWELVE THOUSAND POUNDS SCOTS MONEY PAYABLE AT THE FIRST TERM OF WHITSUNDAY\par
  45.  \tab OR MARTIMAS AFTER THE SAID ALEXANDER MACKENZIE HIS DEATH AND TO DELIVER HE SAID SECURITY\par
  46.  \tab SO PROVIDED BETWIX AND THE FORM OF WHITSUNDAY ALSO NEXT TO COME BUT IN ALLTHE SAID MARGARET\par
  47.  \tab SUTHERLAND SHALL DIE BEFORE THE SAID ALEXANDER MACKENZIE AND THAT THE SAID ALEXANDER\par
  48.  \tab MACKENZIE SHALL MARRY AGAIN THEN AND IN THAT CASE HE BINDS AND OBLIGES HIM HIS HEIRS AND\par
  49.  \tab SUCCESSORS TO PAY YEARLY TO THE SAID HEIR MALE OR SON THE SUMS OF THREE HUNDRED MERKS\par
  50.  \tab SCOTS MONEY BEGINNING THE FIRST TERMS PAYMENT OF THE SAID SUMS AT THE FIRST TERM OF WHITSUNDAY\par
  51.  \tab OR MARTIMAS AFTER THE DEATH OF THE SAID MARGARET SUTHERLAND AND ALEXANDER MACKENZIE\par
  52.  \tab AND IN CASE THERE SHOULD BE ANY HEIRS MALE PROCREATED OF THE MARRIAGE AND THERE SHOULD BE\par
  53.  \tab BUT ONE DAUGHTER THEN AND IN THAT CASE THE SAID ALEXANDER MACKENZIE BINDS AND OBLIGES HIM AND\par
  54.  \tab HIS FOR FIRST TO PAY TO THE SAID DAUGHTER OR HEIR FEMALE THE SUM OF SEVEN THOUSANT MERKS\par
  55.  \tab SCOTS MONEY AND IN THE CASE OF TWO THREE OR MORE DAUGHTERS THE SUM OF NINE THOUSANT\par
  56.  \tab MERKS MONEY FOR AND BETWIX THEM TO BE DIVIDED BY THE FATHER AS HE SHALL THINK FIT ANYTIME\par
  57.  \tab IN HIS LIFETIME BUT IN CASE OF NO SUCH DIVISION THE SAME SHALL BE MADE AT THE SIGHT OF TWO\par
  58.  \tab NEAREST OF KIN ON THE FURTHER FIVE AND TWO OF THE NEAREST OF KIN ON THE MOTHER FIVE\par
  59.  \tab AND IN CASE THERE BE NO HEIR MALE PROCREATED OF THE MARRIAGE AND THAT THERE BE ONE\par
  60.  \tab TWO OR MORE DAUGHTERS OF THE DISOLUTION OF THE SAID MARRIAGE BY THE DEATH OF THE\par
  61.  \tab SAID MARGARET SUTHERLAND THEN AND IN THE EVENT THE SAID ALEXANDER \tab MACKENZIE BINDS AND\par
  62.  \tab OBLIGES HIM AND HIS FOR SAIDS TO PAY THE ANNUAL RENT OF THE FORTH PROVISIONS TO HIS SAID\par
  63.  \tab DAUGHTERS BEGINNING THE FIRST TERMS PAYMENT THEREOF AT

    THE TERM OF \tab WHITSUNDAY OR MARTIMAS\par
  64.  \tab AFTER THE DEATH OF THE SAID MARGARET SUTHERLAND OR THE SAID ALEXANDER MACKENZIE OR ANY OF\par
  65.  \tab THEM AT FIRST SHALL HAPPEN AND THE SAID PRINCIPAL SUM TO BE PAID AT THEIR RESPECTIVE \tab\par
  66.  \tab THE SAID WILLIAM SINCLAIR OF ------WICK AS BURDEN TAKEN FOR THE SAID MARGARET \tab SUTHERLAND\par
  67.  \tab AND AS DOWRY TO HER FOR THE SUM UNDERWRITTEN BINDS AND OBLIGES HIM HIS HEIRS AND\par
  68.  \tab SUCCESSORS TO CONTEND AND PAY TO THE SAID ALEXANDER MACKENZIE HIS HEIRS AND EXECUTORS\par
  69.  \tab OR ASSIGNEES THE SUM OF THREE THOUSAND FIVE HUNDRED MERKS SCOTS MONEY AND AT THE TERM OF\par
  70.  \tab WHITSUNDAY NEXT TO COME TO THE ONE AND ORDINARY ANNUAL RENT OF THE SAID PRINCIPAL SUM \tab\par
  71.  \tab THE TERM OF WHITSUNDAY LEFT BY PART UNTIL THE SAID FORM OF PAYMENT AND YEARLY AND FORMELY\par
  72.  \tab THEREAFTER DURING THE NOT PAYMENT THEREOF AND ITS HEREBY DECLARED \tab HAT IN CASE THE MARRIAGE\par
  73.  \tab THE MARRIAGE SHOULD DISOLVE BY THE DEATH OF EITHER OF THE SAID PARTIES WITHIN YEAR AND DAY\par
  74.  \tab AFTER THE SAID MARRIAGE THAT THE JOINTURE AND LOCKER HEREBY PROVIDED SHALL TAKE \tab PLACE\par
  75.  \tab IN MANNER ABOVE WRITTEN ANY LAW OR PRACTICE TO THE CONTRARY NOTWITHSTANDING RATIFY IT\par
  76.  \tab IS AGREED THAT EXECUTION SHALL PASS FOR IMPRESSMENT OF THE SAID ONTRACT AGT THE SAID\par
  77.  \tab ALEXANDER MACKENZIE AND WILLIAM LORD STRATHNAVER AT THE INSTANCE OF JOHN SUTHERLAND OF\par
  78.  \tab HOWE JAMES BUDGE OF TACHNAGA JAMES SUTHERLAND OF LANGWELL AND WILLIAM SINCLAIR OF\par
  79.  \tab ------WICK OR EITHER OF THEM AND BOTH PARTIES BIND AND OBLIGE THEM THEIR \tab\par
  80.  \tab THE PERFORMANCE OF THE RESPECTIVE PARTS OF THE PROMISE AS UNDER THE PENAL\par
  81.  \tab OF EIGHT HUNDRED POUNDS SCOTS MONEY AT TO FOR NAMED AND FOR THE MORE SECURITIES\par
  82.  \tab WE CONCENT TO THE REGISTRATION IN THE BOOKS OF COUNCIL SESSION OR ANY OTHER JUDGES\par
  83.  \tab BOOKS THAT ALL EXECUTION NOWSTANDING MAY PASS HEREON AS AFFAIRS AND TO THAT EFFECT\par
  84.  \tab WE CONSTITUTE.\par
  85.  \par
  86.  \tab OUR PROCULATORS IN WITNESS WHEREOF WE HAVE SUBSCRIBED THESE PRESENTS WRITTEN ON\par
  87.  \tab THIS AND THE PRECEEDING TWO PAGES OF STAMPED PAPER BY MR WILLIAM SCOBIE\par
  88.  \tab MINISTER OF THE GOSPEL AT ASSINT PLACE AND INSERT IN THE FIRST PAGE BY ONE OF THESE\par
  89.  \tab WITNESSES JAMES SINCLAIR OF DUMBEATH KENNETH MACKENZIE BROTHER GERMAN TO THE\par
  90.  \tab SAID ALEXANDER MACKENZIE OF ARDLOCH KENNETH SUTHERLAND BAYLIE OF DORNOCH AND\par
  91.  \tab MR WILLIAM SCOBIE .\cf1\par
  92.  \tab SIGNED ALEXANDER MACKENZIE MARGARET SUTHERLAND JAMES SINCLAIR \tab KENNETH MACKENZIE\par
  93.  \tab KENNETH SUTHERLAND WILLIAM SCOBIE AND SINCLAIR AND STRATHNAVER.\cf0\par
  94.  }
  95.  



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