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The earls of Cromartie; their kindred, country, and correspondence (Volume 2) online

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Gower), and the heirs-male of his body aforesaid ; and in default of such issue, each of
the other younger sons of the said Anne Duchess of Sutherland, by her present or any
future husband hereafter to be begotten, and the heirs-male of his and their body and
respective bodies, severally and successively, one after another, as aforesaid ; and in
default of such issue, the said Francis Sutherland Leveson-Gower (commonly called
Lord Francis Sutherland Leveson-Gower), and the heirs of his body aforesaid ; and in
default of such issue, each of the other younger sons of the said Anne Duchess of
Sutherland, by her present or any future husband hereafter to be begotten, and the heirs



THE CROMARTIE PATENT OF 1861. 369



of the hody and respective bodies of such sons, severally and successively, one after another,
as aforesaid ; and in default of such issue, the said Florence Sutherland Leveson-
Gower (commonly called Lady Florence Sutherland Leveson-Gower), and the heirs of
her body aforesaid ; and in default of such issue, the other daughters of the said Anne
Duchess of Sutherland, by her present or any future husband hereafter to be begotten,
and the heirs of the body and respective bodies of such daughters, severally and suc-
cessively, one after another, as aforesaid, may bear and have the said name, state, degree,
style, dignity, title, and honor of Viscount Tarbat of Tarbat aforesaid ; or iu respect of
any female taking under this grant, the said name, state, degree, style, dignity, title,
and honor of Viscountess Tarbat of Tarbat aforesaid ; and that they and every of them
successively may be called and styled by the name of Viscount Tarbat of Tarbat, in
our county of Cromartie ; or in respect of any female taking under this grant may be
called and styled by the name of Viscountess Tarbat of Tarbat, in our county of
Cromartie : And that she, the said Anne Duchess of Sutherland, may in all things be
held and deemed Viscountess Tarbat of Tarbat aforesaid, and be treated and reputed as
a Viscountess ; and that after her decease the said Francis Sutherland Leveson-Gower
(commonly called Lord Francis Sutherland Leveson-Gower), and the heirs-male of his
body ; and in default of such issue, each of the other younger sons of the said Anne
Duchess of Sutherland, by her present or any future husband hereafter to be begotten,
and the heirs-male of his and their body and bodies, severally and successively, one after
another, as aforesaid ; and in default of such issue, the said Francis Sutherland Leveson-
Gower (commonly called Lord Francis Sutherland Leveson-Gower), and the heirs of his
body aforesaid ; and in default of such issue, each of the other younger sons of the said
Anne Duchess of Sutherland, by her present or any future husband hereafter to be
begotten, and the heirs of the body and respective bodies of such sons, severally and
successively, one after another, as aforesaid ; and in default of such issue, the said
Florence Sutherland Leveson-Gower (commonly called Lady Florence Sutherland Leveson-
Gower), and the heirs of her body aforesaid ; and in default of such issue, the other
daughters of the said Anne Duchess of Sutherland, by her present or any future husband
hereafter to be begotten, and the heii's of the body and respective bodies of such
daughters, severally and successively, one after another, as aforesaid, may in all things
be held and deemed Viscounts Tarbat of Tarbat aforesaid, or in respect of any female
taking under this grant, may in all things be held and deemed Viscountesses Tarbat
of Tarbat aforesaid, and be treated and reputed as Viscounts and Viscountesses, respec-
tively ; and that the said Viscounts Tarbat of Tarbat aforesaid, and every of them, suc-
VOL. II. 3 A



370 THE CROM ARTIE FATE NT OF 18G1.

cessively and respectively, may have, hold, and possess a seat, place, and voice in the
Parliaments and Public Assemblies and Councils of us, our heirs and successors, within
our United Kingdom of Great Britain and Ireland, amongst other Viscounts, as Viscounts
of Parliament and Public Assemblies and Councils : And also that she, the said Anne
Duchess of Sutherland, by the name of Viscountess Tarbat of Tarbat aforesaid ; and
after her decease the said Francis Sutherland Lcveson-Gower (commonly called Lord
Francis Sutherland Leveson-Gower), and the heirs-male of his body aforesaid ; and in
default of such issue, each of the other younger sons of the said Anne Duchess of
Sutherland, by her present or any future husband hereafter to be begotten, and the
heirs-male of his and their body and respective bodies, severally and successively, one
after another, as aforesaid ; and in default of such issue, the said Francis Sutherland
Leveson-Gower (commonly called Lord Francis Sutherland Leveson-Gower), and the
lieirs of his body aforesaid ; and in default of such issue, each of the other younger
sons of the said Anne Duchess of Sutherland, by her present or any future husband
hereafter to be begotten, and the heirs of the body and respective bodies of such sons,
severally and successively, one after another, as aforesaid ; and in default of such issue,
the said Florence Sutherland Leveson-Gower (commonly called Lady Florence Suther-
land Leveson-Gower), and the heirs of her body aforesaid ; and in default of such issue,
the other daughters of the said Anne Duchess of Sutherland, by her present or any
future husband hereafter to be begotten, and the heirs of the body and respective bodies
of sucli daughters, severally and successively, one after another, as aforesaid, may enjoy
and use, and every of them may enjoy and use, by the name of Viscount Tarbat of
Tarbat aforesaid, or in respect of any female taking under this grant, may enjoy and
use, by the name of Viscountess Tarbat of Tarbat aforesaid, all and singular the rights,
privileges, pre-eminences, immunities, and advantages to the degree of a Viscount and
Viscountess, respectively, in all things duly and of right belonging which otlier Viscounts
and Viscountesses of this our United Kingdom of Great Britain and Ireland have hereto-
fore honorably and quietly used and enjoyed, or as they do at present use and enjoy. And
MOEEOVEK, know ye that we, of our further especial grace, certain knowledge, and mere
motion, have ordained, preferred, and created the said Anne Duchess of Sutherland to
a more ample state, degree, dignity, and honor of Countess of CPvOMAktie ; and her,
the said Anne Duchess of Sutherland, Countess of Cromartie, do, by these presents,
create, advance, and prefer, and we have appointed, given, and granted, and by these
presents, for us, our heirs and successors, do appoint, give, and grant unto her, the said
Anne Duchess of Sutherland, the name, state, degree, style, dignity, title, and honor of



THE CRO MARTI E PATENT Oi^ 1861. 371



Countess of Cromartie aforesaid ; and ber, the said Anne Duchess of Sutherland, we
do, by these presents, dignify, invest, and really ennoble with such name, state, degree,
style, dignity, title, and honor of Countess of Cromartie : To have and to hold the
said name, state, degree, style, dignity, title, and honor of Countess of Cromartie
aforesaid unto her, the said Anne Duchess of Sutherland, for and during the term of
her natural life ; and after the decease of the said Anne Duchess of Sutherland, to
have and to hold the name, state, degree, style, dignity, title, and honor of Earl of
Cromartie unto the said Francis Sutherland Leveson-Gower (commonly called Lord
Francis Sutherland Leveson-Gower), the second surviving son of the said Anne Duchess
of Sutherland, and the heirs-male of his body lawfully begotten and to be begotten :
and in default of such issue, to each of the other younger sons of the said Anne
Duchess of Sutherland, by her present or any future husband hereafter to be begotten,
and to the heirs-male of the body and respective bodies of such sons, severally and
successively, one after another, as they shall be according to seniority cf age and
priority of birth, the elder of such sons and the heirs- male of his body always to be
preferred and take before the younger of such sons and the heirs-male of his and their
respective body and bodies ; and in default of such issue, to have and to hold the said
name, state, degree, style, dignity, title, and honor of Earl of Cromartie aforesaid, or
in respect of any female taking under this grant, the said name, state, degree, style,
dignity, title, and honor of Countess of Cromartie aforesaid, unto the said Francis
Sutherland Leveson-Gower (commonly called Lord Francis Sutherland Leveson-Gower),
and the heirs of his body lawfully begotten and to be begotten ; and in default of such
issue, to each of the other younger sons of the said Anne Duchess <if Sutherland, by
her present or any future husband hereafter to be begotten, and to the heirs of the
body and respective bodies of such sons, severally and successively, one after another,
as they shall be according to seniority of age and priority of birth, the elder of such
sons and the heirs of his body always to be preferred and take before the younger of
such sons and the heirs of his and their respective body and bodies ; and in default of
such issue to the said Florence Sutherland Leveson-Gower (commonly called Lady
Florence Sutherland Leveson-Gower), and the heirs of her body lawfully begotten and
to be begotten ; and in default of such issue, to each of the other daughters of the said
Anne Duchess of Sutherland, by her present or any future husband hereafter to be
begotten, and to the heirs of the body and respective bodies of such daughters, seve-
rally and successively, one after another, as they shall be according to seniority of age
and priority of birth, the elder of such daughters and the heirs of her body always to



373 THE CROM ARTIE PATENT OF 1861.



be preferred and take before the younger of such daughters and the heirs of her and
their respective body and bodies :' Willing, and by these presents granting, for us, our
heirs and successors, that the said Anne Duchess of Sutherland may bear and have the
name, state, degree, style, dignity, title, and honor of Countess of Cromartie aforesaid,
and that after her decease the said Francis Sutherland Leveson-Gower (commonly called
Lord Francis Sutherland Leveson-Govirer), and the heirs-male of his body aforesaid ;
and in defaidt of such issue, each of the other younger sons of the said Anne Duchess
of Sutherland, by her present or any future husband hereafter to be begotten, and the
heirs-male of his and their body and respective bodies, severally and successively, one
after another, as aforesaid ; and in default of such issue, the said Francis Sutherland
Leveson-Gower (commonly called Lord Francis Sutherland Leves(jn-Gower), and the
heirs of his body aforesaid ; and in default of such issue, each of the other younger
sons of the said Anne Duchess of Sutherland, by her present or any future husband
hereafter to be begotten, and the heirs of the body and respective bodies of such sons,
severally and successively, one after another, as aforesaid ; and in default of such
issue, the said Florence Sutherland Leveson-Gower (commonly called Lady Florence
Sutherland Leveson-Gower), and the lieirs of her body aforesaid ; and in default of
such issue, the other daughters of the said Anne Duchess of Sutherland, by her pre-
sent or any future husbiind hereafter to be begotten, and the heirs of the body
and respective bodies of such daughters, severally and successively, one after another,
as aforesaid, may bear and have the said name, state, degree, style, dignity, title, and
honor of Earl of Cromartie aforesaid ; or in respect of any female taking under this grant,
the said name, state, degree, style, dignity, title, and honor of Countess of Cromartie
aforesaid ; and that they and every of them successively may be called and styled by the
name of Earl of Cromartie, or in respect of any female taking under this grant, may
be called and styled by the name of Countess of Cromartie : And that she, the said
Anne Duchess of Sutherland, may in all things be held and deemed Countess of Cromartie
aforesaid, and be treated and reputed as a Countess, and that after her decease the said
Francis Sutherland Leveson-Gower (commonly called Lord Francis Siitherland Leveson-
Gower), and the heirs-male of his body aforesaid ; and in default of such issue, each
of the other younger sons of the said Anne Duchess of Sutherland, by her present or
any future husband hereafter to be begotten, and the heirs-male of his and their body
and bodies, severally and successively, one after another, as aforesaid ; and in default of
such issue, the said Francis Sutherland Leveson-Gower (commonly called Lord Francis
Sutherland Leveson-Gower), and the heirs of his body aforesaid : and in default of



THE C ROM ART IE PATENT Oi^ 1861. 373



such issue, each of the other j'ouuger sons of the said Anne Duchess of Sutherland, by
her present or any future husband hereafter to be begotten, and the heirs of the body
and respective bodies of such sons, severally and successively, one after another, as
aforesaid ; and in default of such issue, the said Florence Sutherland Leveson-Gower
(commonly called Lady Florence Sutherland Leveson-Gower), and the heirs of her body
aforesaid ; and in default of such issue, the other daughters of the said Anne Duchess
of Sutherland, by her present or any future husband hereafter to be begotten, and the
heirs of the body and respective bodies of such daughters, severally and successively,
one after another, as aforesaid, may in aU things be held and deemed Earls of Cromartie
aforesaid ; or in respect of any female taking under this grant, may in all things be
held and deemed Countesses of Cromartie aforesaid, and be treated and reputed as Earls
and Countesses, respectively ; and that the said Earls of Cromartie aforesaid, and every
of them, successively and respectively, may have, hold, and possess a seat, place, and
VOICE in the Parliaments and Public Assemblies and Councils of us, our heirs and
successors, within oui* United Kingdom of Great Britain and Ireland, amongst other
Earls, as Earls of Parliament and Public Assemblies and Councils : And also that she,
the said Anne Duchess of Sutherland, by the name of Countess of Cromartie aforesaid,
and after her decease the said Francis Sutherland Leveson-Gower (commonly called
Lord Francis Sutherland Leveson-Gower), and the heii"s-male of his body aforesaid ;
and in default of such issue, each of the other younger sons of the said Anne Duchess
of Sutherland, by her present or any future husband hereafter to be begotten, and the
heirs-male of his and their body and respective bodies, severally and successively, one
after another, as aforesaid ; and in default of such issue, the said Francis Sutherland
Leveson-Gower (commonly called Lord Francis Sutherland Leveson-Gower), and the
heirs of his body aforesaid ; and in default of such issue, each of the other younger sons
of the said Anne Duchess of Sutherland, by her present or any future husband hereafter
to be begotten, and the heirs of the body and respective bodies of such sons, severally
and successively, one after another, as aforesaid ; and in default of such issue, the said
Florence Sutherland Leveson-Gower (commonly called Lady Florence Sutherland Leveson-
Gower), and the heirs of her body aforesaid ; and in default of such issue, the other
daughters of the said Anne Duchess of Sutherland, by her present or any future
husband hereafter to be begotten, and the heirs of the body and respective bodies of
such daughters, severally and successively, one after another, as aforesaid, may enjoy
and use, and every of them may enjoy and use, by the name of Earl of Cromartie afore-
said, or in respect of any female taking under this grant, may enjoy and use, by the



374 THE C ROM ART IE PATENT OF 1861.



name of Countess of Cromartie aforesaid, all and singular the riglits, privileges, pre-
eminences, immunities, and advantages to the degree of an Earl or Countess, respectively,
in all things duly and of right belonging which otlier Earls and Countesses of this our
United Kingdom of Great Britain and Ireland have heretofore honorably and quietly
used and enjoyed, or as they do at present use and enjoy : And we will, and by these
presents, for us, our heirs and successors, do grant, direct, declare, and provide (anything
herein to the contrary notwithstanding) that if the said Francis Sutherland Leveson-
Gower (commonly called Lord Francis Sutherland Leveson-Gower), or any younger son
to be hereafter born of the said Anne Duchess of Sutherland, or the heirs of tlie body
of the said Francis Sutherland Leveson-Gower (commonly called Lord Francis Suther-
land Leveson-Gower), or any such younger son, as aforesaid, or the said Florence
Sutherland Leveson-Gower (commonly called Lady Florence Sutherland Leveson-Gower),
or any daughter to be hereafter born of the said Anne Duchess of Sutherland, or the
heirs of tlie body of the said Florence Sutherland Leveson-Gower (commonly called
Lady Florence Sutherland Leveson-Gower), or any such daughter as aforesaid, shall
succeed to the Earldom of Sutherland, and there shall, upon or at any time after the
occurrence of that event, be any other younger son, or any other daughter of the said
Anne Duchess of Sutherland, or any heir of the body of any such other son or
daughter, then and in such case, and immediately thereupon, and so often as the same
may happen, the succession to the titles, honors, and dignities hereby created, and all
the rights and privileges herel)y annexed thereto, shall devolve on the son or daughter of
the said Anne Duchess of Sutherland, or the heirs of the body of such son or daughter who
would be next entitled to succeed to the said titles, honors, and dignities, if the person
or persons so succeeding to the said Earldom of Sutherland were dead without issue,
and the said titles, honours, and dignities shall thenceforth devolve in like manner as
if the person or persons so succeeding to the said Earldom of Sutherland had died
without issue. Lastly, We will, and by these presents, for us, our heirs and succes-
sors, do grant to the said Anne Duchess of Sutherland that these our Letters Patent,
or the enrolment thereof, shall be sufficient and effectual in the law for the dignifying,
investing, and really ennobling her, the said Anne Duchess of Sutherland, with the
several and respective names, titles, dignities, and honors of Baroness Macleod of Castle
Leod, in our county of Cromartie, Baroness Castlehaven of Castlehaven, in our county
of Cromartie, Viscountess Tarbat of Tarbat, in our county of Cromartie, and Countess
of Cromartie ; and after her decease, for the dignifying, investing, and really en-
nobling the said Francis Sutherland Leveson-Gower (commonly called Lord Francis



THE C ROM ART IE PAT EST OF 1861.



Sutherland Leveson-Gower), and the heirs-male of his body aforesaid ; and in default
of such issue, each of the other younger sons of the said Anne Duchess of Suther-
land, by her present or any future husband hereafter to be begotten, and the
heirs-male of his and their body and respective bodies, severally and successively,
one after another, as aforesaid ; and in default of such issue, the said Francis Suther-
land Leveson-Gower (commonly called Lord Francis Sutherland Leveson-Gower), and
the heirs of his body aforesaid ; and in default of such issue, each of the other younger
sous of the said Anne Duchess of Sutherland, by her present or any future husband
hereafter to be begotten, and the heirs of the body and respective bodies of such sons,
severally and successively, one after another, as aforesaid ; and in default of such issue,
the said Florence Sutherland Leveson-Gower (commonly called Lady Florence Suther-
land Leveson-Gower), and the heirs of her body aforesaid ; and in default of such issue,
the other daughters of the said Anne Duchess of Sutherland, by her present or any
future husband hereafter to be begotten, and the heirs of the body and respective bodies
of such daughters, severally and successively, one after another, as aforesaid, with the
several and respective names, titles, dignities, and honors of Baron Macleod of Castle
Leod, in our county of Cromartie, Baron Castlehaven of Castlehaven, in our county of
Croniartie, Viscount Tarbat of Tarbat, in our county of Cromartie, and Earl of Cromartie ;
or in respect of any female taking under this grant, with the several and respective
names, titles, dignities, and honors of Baroness ]\Iacleod of Castle Leod, in our county
of Cromartie, Baroness Castlehaven of Castlehaven, in our county of Cromartie,
Viscountess Tarbat of Tarbat, in our county of Cromartie, and Countess of Cromartie,
and this without any investiture, rites, ornaments, or ceremonies whatsoever on this
behalf, due and accustomed, which, for some certain reasons best known to us, we could
not in due manner do and perform any ordinance, use, custom, rite, ceremony, pre-
scription or provision, due or used, or to be had, done, or performed in conferring honors
of this kind, or any other matter or thing to the contrary thereof notwithstanding : We
will also, and by these presents grant to the said Anne Duchess of Sutherland that she
may and shall have these our Letters Patent duly made and sealed imder our Great Seal
of our United Kingdom of Great Britain and Ireland, without fine or fee, great or small,
to be for the same, in any manner rendered, done, or paid to us in our Hanaper or
elsesvhere, to our use. — In witness whereof, we have caused these our letters to be
made Patent. "Witness, ourself. At Westminster, the twenty-first day of October,
in the twenty-fifth year of our reign.

By warrant under the Queen's sign-manual. C. PvOmilly.



376 EXOXERATION AND INDEMNITY OF 1704.



555. Warrant by Queen Anne for an Exoneration and Indemnity to
GrEORGE FIRST Earl OF Cromartie, 13th May 1704.

Anne, R.
Our Soveraign Lady ordains a letter of approbation and exoneration to be past and
expede under [her] Majestie's Great Seale of her Majestie's antient kingdom of Scot-
land, making mention that, forasmuch as her Majesty taking into her royal considera-
tion that her Majesty's right trusty and right welbeloved cousin and councellor, George
Earle of Croniertie, has these several years bygon behaved himselfe with the greatest
prudence, vigilancy, fidelity, zeal, and faithfulnes in the several trusts and offices
conferred upon him by her Majesty and her royal predecessors, and particularly as
Sherife of the shyre of Cromertie, Justice of tlie Peace, Lord of the Regality of Tarbat,
heritable Baly of the old Abbacy of Fern, or Baron of Ganie, Baron of Delnie, herit-
able Bayly of the toun and brugh of Taine, one of the Lords of the Privie Councel, one
of the Lords of Exchequer, as a Member of Parliament, or as Secretary of State, in
exercing of all which trusts and offices under her Majesty and her royal predecessors
the said George Earle of Cromertie did behave and discharge himselfe with great
candor and integrity, with her Majestie's approbation and to her great satisfaction ;
and her Majesty being aboundantly perswaded and satisfied that the said George Earle
of Cromerty had nothing so much before his eyes as the exact discharge of his offices
and the strict observance of her Majestie's and her said royal predecessors' commands
and instructions for promoveing their Majesties' right and interest in the said kingdom,
in these haill, great, and high trusts, and all other capacities, both private and publick,
at all times and all places, within or without the said kingdom ; and her Majesty
highly esteeming the perpetual, singular, and exemplary loyalty of the said George Earle
of Cromertie and his family, as also her Majesty being [very] desirous that he, his heirs,
successors, and representatives, be by all means exonered, secur'd, and indemnified as to
all actions, omissions and commissions, words and deeds, that any way can be laid to
his charge in any of the saids or other trusts and offices, as also of all things acted, said,
or done by the said George Earle of Cromertie in any private capacity, of whatsoever
nature, quality, moment, or consequence they be, or with whatsoever circumstances or
aggravations the said actions, omissions and commissions, words or deeds, either in
publick or private capacities, be accompanied, and that whether the said actions, omis-
sions, commissions, words or deeds, either in publick or private capacities, have been
within the said kingdom of Scotland or outwith the same, at any time bygone preceeding