Corpus of Modern Scottish Writing (CMSW) - www.scottishcorpus.ac.uk/cmsw/ Document : 346 Title: Marriage Contract between Margaret Walkinshaw and William Campbell Author(s): Anonymous Be it known to all men by thir preſents Me Margaret Walkinſhaw ſpouſe to William Campbell of Succoth with conſent of the ſd William Campbell my husband forasmuchas I the ſaid Margaret Walkinſhaw ſtand duely and lawfully inſeſt and [¿] be virtue of the contract of marriage betwixt my ſaid husband and me In an yearly annualrent or annuity of tuelve hundered merks ſcotts money yearly to be uplifted and taken at two terms in the year Whitſunday and martinmas by equall portions Furth of all & haill the ten pound land and barony of Garſcub with the miln thereof milnlands milltors and ſequells teinds and haill pertinents of the ſamen comprehending alſo the temple lands thereof with houſes biggings yeards orch¬ yeards fiſshings and haill other parts and pendicles of the ſds lands and barony of Garſcub lying within the parochen of Kilpatrick eaſter and Shireffdom of Dumbartan [¿] maills farms profites and dueties of the Samen free of all publick Gardens impoſitions [¿] or txationes quartorings levies and outricks of horſe and foot monathly mantinance miniſters and ſchoolmasters stipends for dueties teinds commiſioners fees and other incumberances whatſomever as in the ſd Contract and ſeaſin thereon at more length is contained And I the ſd Margaret Walkinſhaw conſidering that it hath pleaſed god to bleſs me and my ſaid husband with severall children Viz John William Archbald Robert Margaret and Agnes Campbell, and that the ſum of one thouſand merks Scotts money yearly of the forſaid annuity may be a reaſonable and confor¬ table [¿] to me during my lifetime after my ſaid husbands deceaſe in caſe I shall happen to survive him and for the tax and favour which I have and bear to the ſaids William Archbald Robert Margaret and Agnes Campbell and for diverſe other good and weighty cauſes and conſiderationes moveing me [¿] me to have disponed Lykeas I the ſd Margaret Walkinſhaw with conſent forſd hereby disponed to and in favour of the ſaids William Archbald Robert Margaret and Agnes Campbell children allready procreat betw¬ ixt me and the ſaid William Campbell and to the other children et to be procreat betwixt us if any be equally betwixt and amongst them and to the airs of their bodies and in caſe of any of their deceaſe without airs to the Survivors equally amongst them as ſaid is and the airs of their bodies and failzeing of our ſaids haill younger children procreat and to be procreat betixt us and the airs of their bodies then to return to me the ſaid Margaret Walkinſhaw all and haill the sum of Two hundered merks Scots money of the forſaid yearly annuiety of twelve hundered merks money forſaid [¿] in manor abovementioned yearly to be uplifted and taken at the terms above specified furth of the lands and others abovewrytten dureing my lifetime after my ſaid husband his deceaſe in caſe I ſhall happen to survive him In the which ſum of Two hundered merks Scotts money forſd as a part of the forſaid yearly annuity of twelve hundered merks money forſaid free in manner abovewrytten yearly to be uplifted as ſaid is I the ſaid Margaret Walkinſhaw with conſent forſaid [¿] and oblige me duely and sufficiently to inſeſt and ſeaſe the ſaids William Archbald Robert Margaret ad Agnes Campbell children allready procreat betwuixt me and the said William Campbell and the other children yet to be procreat betwixt usif any be equally betwixt and amongst them and the airs of their bodies and in caſe of any of their deceaſe without airs the survivors equally amongſt them as ſaid is and the airs of their bodies then to return to be the ſaid Margaret Walkinſhaw dureing my lifetime after my ſaid husband his deceaſe in caſe I shall happen to survive him and that by two ſeavrall inſeſtments and manor of holdings the [¿] thereof to be holden of me in [¿] for the yearly payment of a penny Scotts money upon the ground of any part of the ſaids lands at the term of whitſunday if the ſamen [¿] And the other of the ſaids inſeſtments fron ane of my immediat lawfull superiors of the ſamen Sichlyke and all freely in all respects I hold or may hold hte Samen my ſelf and that whether by reſignatione or confirmatione or both or either of the ſds manner of holdings the [¿] pre¬ judice of the other And For the better [¿] of the ſd Inſeſtment by reſignatione I the ſaid Margaret Walkinſhaw with conſent forſaid hereby make and Conſtitute And ilk ane of them Conllye ſeallie my lawful proprs actors factors and [¿] errand bearers to the effort underwrytten Giveing Granting and Commiting to them and ilk an of them Conlly and Seallie as ſaid is my full power warrand and commiſion for me and in my name at whatſomever time and place lawfull and con¬ venient to compear before my immediat lawfull Superiors of the lands and others abovewrytten and of which the @rent above specified is upliftable or their commiſioners in their name haveing power to receave reſignationes and grant new inſeſtments thereupon and therewith all due reverence and humilityas becomes purely and simply to staff and baston as uſe is to Reſign Surrender [¿] upgive overgive and deliver Lykeas I the ſaid Margaret Walkinſhaw with conſent forſaid hereby reſign Surrender Simplictor upgive and overgive all & haill the ſaid ſum of Two hundered merks money forſaid as a part of the forſaid yearly annuity of tuelve hundered merks money forſaid free of all puplick burdens in poſitiones [¿] or taxationes quarterings levies and outricks of horſe and foot monathly mantinance ministers and Schoolmasters Stipends feu dueties teinds commiſioners fees and other incumberances whatſomever yearly to be uplifted and taken at two terms in the year whitſun¬ day and martinmas by equall portions dureing my lifetime after my ſ husband his deceaſe in caſe I ſhall happen to ſurvive him Furth of all and hiall the ten pound land and barony of Garſcub with the miln thereof milnlands [¿] and sequells teinds and haill pertinents of the Samen comprehending also the temple lands thereof with the houſes biggings yeards orchyeards fiſhings and haill other parts and peldicles of the ſaids lands and barony of Garscub lying within the parochen of Kilpatrick Eaſter and Shireffdom of Dumbartan [¿] maills form profites and dueties of the Samen in the hands of my ſds in medial lawfull Superior of the ſamen or their commiſioners forſaid In favour and for now inſeſtments of the Samen to be made given and granted to the ſaid William Archbald Robert Margaret and Agnes Campbell children allready procreat betwixt the ſaid William Campbell and me and the other children yet to be procreat betwixt us if any be equaly betwixt and amongſt them and the airs of their bodies and in caſe of any of their deceaſe without airs to the ſurvivors children procreat and to be procreat betwixt us and the airs of their bodies then to return to me the ſaid Margaret Walkſhaw [¿] inſtruments and documents one or more thereupon to aſk [¿] and raiſe and generally all and Sundry other things thereanent to doe uſe and exone Sicklyke and [¿] freely in all respects as I with conſent forſaid could doe myself if I were perſonallie preſent or to the office of prory in the like caſe is known to appertain promiſeing to hold firm and [¿] Which dispoſition obligement to inſeſt prory of reſignation annualrent teinds and others abovewrytten out of which the Same is upliftable I with conſent forſaid [¿] and obligement to warrand from my own proper fact and deed done or to be done be me in prejudice hereof [¿] Conſenting For the more Securitie to the registration hereof in the books of Counceill and Seſsion or other competent therein to remain for Conſervatione And Conſtutitues proprs & Attour [¿] Ad ilk an of you Conlly and ſeally my baillies in that part Speally Conſtitute Greeting It is my will and I with conſent forſaid charge and require you and ilk an of you Conlly and ſeally as ſaid is that [¿] thir preſents ſoon [¿] paſs to the ground of the lands underwrytten out of which the @rent after specified is upliftable and there give and deliver ſtate and ſeaſin actuall Reall and corporall poſseſsion of all and haill the ſaid ſum of Two hundered merks Scotts money forſaid free of all publictburdens impoſitione [¿] taxationes quarter¬ ings [¿] outricks of horſe and foot monathly mantinance miniſtors and schoolmaſters stipends [¿] teinds commiſioners [¿] and other incumberances whatſomever yearly to be uplifted and taken at two terms in the year whitſunday and martinmas by equall portiones dureing my lifetime after my ſaid huſband his deceaſe in caſe I ſhall happen to survive him Furth of All and haill the ten pound land and barony of Garſcub with the miln thereof milnlands [¿] and ſequells teinds and haill pertinents of the Samen comprehending also the temple lands thereof with houſes biggings yeards orchyeards fiſhings and haill other parts & pendicles of the ſds lands and barony of Garſcub lying as ſd is [¿] form profits and dueties of the ſamen [¿] the ſds William Archbald Robert Margaret and Agnes Campbell children allready procreat betwixt me and the ſd William Campbell and to the other children yet to be procreat betwixt us if any be equally betwixt and amongst them and to the airs of their bodies and in caſe of any of their deceaſe without airs to the ſurvivors equally amongſt them as ſaid is and the airs of their bodies and faileing of our ſds haill younger children procreat & to be procreat betwixt us and the airs of their bodies then to return to me the ſaid Margaret Walkinſhaw or their certain acturney or actuneys in their names [¿] hereof and that by deliverance of Earth and ſtone of the ground of the ſds lands and an penny money and all other Symbols [¿] and requiſite and this on [¿] leave undone to hte doeing whereof I with conſent hereby committ to you and ilk an of you Conlly & Seally as ſd is my full power In witnes whereof We have ſubscrived thir preſents [¿] to John Buchanan Son to Robert Campbell wrytter to the Signett at [¿] the Seventeen day of october jajvijc and ten years before theſe miniſters Archbald Eagle sent to be the ſd William Campbell and John Buchanan Margaret Walkinſhaw Will Campbell Archibald Eagle wittneſs Buchanan uitnes