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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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