Clan Donald Magazine No 12 (1991) Online
The Marriage Contract of John
MacDonell of Crowlin Transcribed by Iain Thornber FRSA FSA Scot. JP DL
ATT ARNISTILL, the
second day of May, One Thousand seven hundred and twenty three
years. It is minuted appointed matrimonially, agreed and ended,
betwixt John McDonell, second lawful son to Aneas McDonell of
Scottus, on the one part, and Jannet McLeod, lawful daughter to
Donald McLeod in Arnistill, with his consent and assent, and he
taking burden on him for her on the other part in manner following,
That is to say, the saids John McDonell and Janet McLeod, with
consent aforesaid hereby promises to take each other in marriage and
to solemnize the said lawfull bond of marriage instantly. And the
said Donald McLeod in Arnistill hereby binds and oblidges him, his
heirs executors and successors whatsoever, to Content and pay to the
said John McDonell, his heirs, executors and assigneys, in name of
Tocher good, the number of three score of cows and four piece of
sufficient horse, as they are usually payed in tocher, that is to
say, twentie milk cows, twentie yeall cows, ten cows two years old,
and ten stirks, to be paid in manner following, Viz., the number of
twenty five to be paid at Whitsunday ensueing, and as many at
Whitsunday, one thousand seven hundred and twenty four, and the
other ten at Whitsunday ?say vizez and twenty five. For the whilk
causes and on the other part, the said Aneas McDonell as burden
token binds and obliges him, his heirs, executors and successors, to
provide the said John McDonell, his son, to the sum of two thousand
marks, Scots Money, for which he is to pay interest to his behoof,
from the term of Whitsunday next to come ay and untill it be laid
out upon interest in sufficient hands upon land or otherwise. The
said John McDonell as ?printtd and with and for him, the said Aneas
McDonell as Cautioner, suretie and full debitor, Binds and Oblidges
them, their heirs, executors and successors whatsoever coultre and
severally to secure in the hands Donald McLeod of Tallascar, or any
other sufficient hands, the said sum of two thousand marks ?mod
foresaid in life rent to the said Janet McLeod, during all the days
of her lifetime and in fie to the eldest son to be procreated of the
said marriage. And it is hereby provided that the said Janet shall
have a leazee of all the moveables that shall appertain to the said
John McDonell at the time of his decease, she then surviving with
the whole small cattell, such as sheep and goats by and other ?attorn
the just and equal half of conquest. And the said Janet McLeod
hereby discharges the said Donald McLeod her father of her portion
natural and all other things she could ask or crave through his
discharge excepting goodwill all alimerly. In like manner, the said
John McDonell hereby discharges his said father of bairns part of
gear excepting good will allinarly. And all the saids parties binds
and oblidges them to perform the promises here and in manner above
written, and the party faillzying shall pay to the party observen,
or willing to observe the same, the sum of two thousand marks Scots,
And all consent to the Regraon of their ?pinlls in the books of
Council and session, or any other judicatory Competent, that an
decreet be interponed thereto, so that letters of horning on ten
days, and other executonalls needful may pass hereupon in form as
effeirs and to that effect constitutes ?They gross.
In Witness qr of
(written by Murdoch Macleod, Minister of Glenelg, upon stamped
paper) all have subd thir ?juks day, place and year of God awern
before thir witnesses, Archibald McDonell of Barisdel, Coll McDonell,
his son. Norman Macleod of Drynoch, Mr Alexander McLeod his son.
Lachlan McKinnon of Breckness, Donald McDonell in Glendulachan, &
the said Mr Murdoch McLeod written hereof.
Fourteen signatures,
including Jannet McLeod follow.
Editor's Note:
John MacDonell of Crowlin, Knoydart, was the second son of Angus or
Aeneas. 3rd of Scotus. third son of Ranald MacDonell. 2nd of Scotus
who succeeded his cousin. Lord MacDonell and Aros in 1680 as 10th
Chief of Glengarry. John of Crowlin was educated for the priesthood
at the Scots College, Rome but later abandoned the intention of
entering the church. He served as a Captain in the Glengarry
Regiment during the Forty-Five and died of illness at Scotus. in
1746, leaving a large family of sons and daughters, the eldest of
the sons being the famous "Spanish John" who with his family
eventually emigrated in 1773 on board the "Pearl" to the American
Colonies.
Footnote to the
Online Edition: Penelope Chisholm has submitted a fuller text of
the contract which is available on the Forum
here.
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