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The Great Historic Families of Scotland 

Search for all reference to CUNNINGHAM

 

[ Also see the Will of Robert Reid Cuninghame of Auchenharvie 26th December 1814 ]

INTRODUCTION.
page 3


At the Union of the kingdoms in 1707 the Peerage Roll of Scotland contained ten dukes, three marquises, seventy-five earls, seventeen viscounts, and forty-nine barons—in all, a hundred and fifty-four peers. There have been subsequently enrolled one duke, two marquises, two earls, and six barons. At the present time the Scottish peerage consists of only eighty-seven members, and of these forty-nine are also peers of England or of Great Britain, while three are peers of Ireland. Since the passing of an Act in 1847 ordering the Lord Clerk Registrar, until otherwise directed by the House of Lords, not to call the title of any peerage on the Union Roll in respect of which no vote had been received during the present century, most of the dormant and extinct peerages have been struck off the roll; but fourteen, which are believed to be extinct, have been allowed to remain, on the ground that votes have been received in respect of them since the year 1800. There are altogether forty-eight dormant or extinct Scottish peerages, and sixteen are merged in other titles. Nine of the eleven dukedoms which appear on the roll are still in existence, though one of them—Queensberry—is united with the dukedom of Buccleuch. That of Gordon, which expired in 1836, has recently been replaced by a British title of the same rank conferred on the Duke of Richmond, who represents the elder branch of the family in the female line. The dukedom of [p.2] Douglas expired in 1761 on the death of the half-witted peer, the first and only possessor of that title; while the other dignities of that famous old house passed to its male representative, the Duke of Hamilton. The only dormant marquisate is that of the Johnstones of Annandale, last borne by the fatuous peer to whom David Hume, the philosopher and historian, for a short time acted as tutor. Of the dormant earldoms the oldest and most celebrated is the double earldom of Monteith and Strathern, of which Charles I., in the most arbitrary and unjust manner, deprived its last possessor, and by way of compensation conferred upon him the earldom of Airth, a title which is also now dormant. Next comes the earldom of Glencairn, long held by the powerful Ayrshire family of Cunningham, who fought in the cause both of the Reformation and the Covenant. The last of this illustrious race was a nobleman of a most amiable disposition and great personal attractions, whose untimely death was lamented by Burns in the most pathetic stanzas the poet ever wrote. In this list is the earldom of Hyndford, held by the Carmichaels, one of whom was an ambassador at the Prussian, Austrian, and Russian courts. Their estates but not their titles have descended to the present Sir Wyndham Carmichael Anstruther. In this list, too, are the Marchmont titles—an earldom, a viscounty, and a barony—which were enjoyed by a branch of the powerful Border family of Home. They were originally conferred upon Sir Patrick Hume, who, through the exertions of his devoted daughter, the noble-minded Grizel Baillie, escaped the fate of his fellow-patriot, Baillie of Jerviswood; was subsequently the associate of the Earl of Argyll in his ill-starred expedition in 1685, and finally became Lord Chancellor of Scotland after the Revolution of 1688. His grandson, Hugh, the third and last earl, was the friend of Pope, who makes frequent and affectionate mention of him in his epistles, and of St. John, Peterborough, and Arbuthnot, and the other members of that brilliant circle. The earldom of Marchmont, the viscounty of Blasonberrie and the barony of Polwarth, Redbraes, and Greenlaw descended to his heirs male and their heirs male, and as the two sons of Earl Hugh predeceased him the titles became dormant at his death. But a prior barony of Polwarth, created in 1697, was made to descend to the heirs male of the first peer and their heirs, and forty years after the death of Earl Hugh his grandson, Hugh Scott of Harden, presented a petition to the House of Lords claiming the title of Lord Polwarth, and his claim was admitted without opposition. The extinct earldom of [p.3] Forfar was created for a youthful scion of the Douglas family, whose life, if it had been prolonged, might have saved the dukedom from extinction. He fell fighting under the royal banner at Sheriffmuir, having received no fewer than sixteen broadsword wounds besides a pistol shot in his knee. The earldom of Stirling, conferred in 1633 on Sir William Alexander, an eminent statesman and poet, became dormant on the death without issue of Henry, fifth earl, in 1739, and none of the claims which have been preferred to the title have as yet been made good. Among the dormant but not extinct peerages is the barony of Somerville, the title of an ancient and at one time powerful Border family, which has not been claimed since 1870. The barony of Cranstoun, also celebrated in ballads, tradition, and story since the fifteenth century, became dormant on the death of the eleventh Lord Cranstoun in 1869. Heirs of both dignities are, however, believed to be in existence. The last representative of the 'Bauld Rutherfords,' Earls of Teviot and Barons Rutherford who bore a conspicuous part in Border forays, was the prototype of the Master of Ravenswood in Sir Walter Scott's tragic tale of the 'Bride of Lammermoor.' He died on the Continent without issue in 1724. The earldom of Newark, which was conferred on the celebrated Covenanting General David Leslie, who contributed to the victory of the Parliamentary army at Marston Moor, and defeated the great Marquis of Montrose at Philiphaugh, became extinct on the death of his son, the second lord, in 1694.


 
THE CAMPBELLS OF ARGYLL.
INTRODUCTION.
page 246


The Marquis displayed great calmness and dignity during the closing scene. 'He came to the scaffold,' says Burnet, 'in a very solemn and undaunted manner, accompanied by many of the nobility and some ministers. He spoke for half an hour with [p.246] great appearance of serenity. Cunningham, his physician, told me that he touched his pulse, and it did then beat at the usual rate —calm and strong.' 'I could die like a Roman,' was his remark to a friend, 'but I choose rather to die like a Christian.'

 


 

The Will of Robert Reid Cuninghame of Auchenharvie 26th December 1814

Page 1

In Edinburgh the Twenty sixth day of December on thousand eight hundred and fourteen years. In presence of the Lord’s of Council and Session Compeared Mr. Thomas Thomson Advocate as procurator for Robert Reid Cuninghame after designed and Gave in. The Deed of Settlement under written Deserving it might be registered in their Lordships books conform to law which Desire the said Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows. Know all men by these presents, That I Robert Reid Cuninghame of Auchenharvie, for the love and paternal affection I have and bear to Robert Cuninghame my lawful son, and to Thomas Cuninghame, Elizabeth Hamilton Reid Cuninghame spouse to Major George Vanh Brown of Knockmarloch and to Ann Cuninghame and Marion Cuninghame my lawful children and to Annabella Reid my wife and 

WHill

Page 2

And for other certain and good causes and considerations, Do by these presents Bind and oblige one and my Heirs, Executors and successors to make payment to the said Annabella Reid my spouse of an annual annuity of One Hundred pounds sterling during her life, after my death in case she shall happen to survive me, and that in portions vozt one half thereof at the term of Whitsy, and the other half thereof at the term of Martinmas in each year, beginning the first half years payment at the first term whether Whitsy or Martinmas as immediately after my death, and so forth at the foresaid terms respectively during her life, with one fifth part more of liquidate penalty or expenses for each terms failure or delay of payment of the said annuity; which annuity of Forty pounds sterling provided by me to her, conform to 

WHill

Page 3

To a deed of date the tenth day of May Seventeen hundred and Eighty one. Also I Bind & Oblige me and my foresaid to make payment to the said Annabella Reid my wife of the sum of Two hundred pounds Sterg at the first legal term after my death, with Interest thereof from the day of my death during the not payment for enabling her to purchase furniture and mournings, And further I convey to the said Annabella Reid my spouse in life rent durig her lifetime from & after the first term of Whitsunday subsequent to my death in case she shall happen to survive me, But for her liferent use only, and to my own Heirs or assignees, All and whole my House called Canal Bank, with the yard and little piece of ground usually accepted along with that House, Bounded as follows vozt by the Canal on the South part, and by the Coal yard dyke on the West, and by 

WHill

Page 4

By the high road on the North and by the Brewerie dyke on the East. Declaring hereby that the provisions herein granted to the said Annabella Reid including the foresaid annuity of one hundred pounds sterling, are made and granted by me on the express condition, that my said spouse shall accept of the same in place or in full of her Terce of Land, half or third of movables and every other claim of liferent or property which she has or may have in or out of my heritable & moveable subjects. And further for the causes aforesaid, I by these present Bind and oblige me and my foresaids to make payment to each of the said Thomas Cuninghame, Elizabeth Hamilton Reid Cuninghame, Ann Cuninghame and Marion Cuninghame my Children of the sum of one thousand pounds sterling at and upon the first legal term 

WHill

Page 5

Term after my decease, mourning in whole to the sum of Four Thousand pounds sterling, worth one fifth part more of these respective sums of liquidated expences and penalty in case of failure, and the lawful Interests of the said sums from the day of my death to the said term of payment, and so long thereafter as the same shall remain unpaid; and also to make payment to any other Child procreate, or that may be procreated of my body (including a posthumous Child or Children) of the sum of one thousand pounds sterling each, and that at the terms and with the penalty and with interest as above expressed. And further for the causes aforesaid, I the said Robert Reid Cuninghame Do by these presents Dispone, Assign and Convey to and in favour of the said Robert Cuninghame my eldest son, and the heirs of his body, whom failing to Thomas Cuninghame

WHill

Page 6

Cuninghame my second son, & the heirs of his body, whom failing to any other male Child procreate of my body, whom failing to my said Daughters Elizabeth Hamilton Reid Cuninghame, and the heirs male of her body, whom failing to the heirs female of her body, the eldest heir female always succeeding without devision and including heirs portioners, whom failing to the said, Ann Cuninghame my daughter and the heirs male of her body, whom failing to the heirs female of her body, the eldest heir female always succeeding without devision and including heirs portioners, whom failing to the said Marion Cuninghame my daughter and the heirs male of her body, whom failing to the heirs female of her body, the eldest heir female always succeeding with out devision and including heirs portioners whom

WHill

Page 7

Whom all failing to me nearest heirs whomsoever, all Lands, Houses, Tiends, Tishings, Coals, Coalworks, Saltpans, Harbour of Saltcoats, Corn, Cattle, Household furniture, Farming utensells, parts of vessels, Debts, sums of money and other subjects, as well heritable subjects as moveable subjects of all kinds or denomination pertaining belonging or owing to me at present and which may be acquired, purchased or succeeded to me in time coming or which may be pertaining belonging to me, at the time of my death, together with all Dispositions, Conveyances, assignations, procuratories of Resignations, Precepts and , Instruments of Sassines, Decreets of adjudications, Heritable Bonds of Security, Tacks of Land, Facks and Contracts of Coal, venditions, personal Bonds, Bills, Bank Notes, and other writings made or granted in my The words Tiends, Tishings and Tacks may be incorrect, the first letter of each word looks like an F, a T or a J.

WHill

Page 8

My favours or in favour of my predecessors and authors, Dispensing hereby with the generality of this conveyance, and admitting the Deed to be as effectual, as if every article of the aforesaid subjects had been inserted and described. Providing & Declaring always, as it is hereby provided and declared, that such of the descendants of my said Daughters as may hereafter succeed to the right of the premises, shall be obliged to use the name & arms of Cuninghame of Auchenharvie, and in case any of them shall succeed to another Landed Estate the effect of which may preclude him or her from using said name and arms, such descendant shall omit and lose his or her right of succession in the premisses, and the same shall devolve on the descendant next in order as before provided who is not declared

WHill

Page 9

Declared in the same way and shall use the said Name and Arms. But with and under the burden of paying not only all my lawful debts and funeral charges and suitable mournings to my said Children, But also of paying the sums before written provided to my said Children, and to the said Annabella Reid my Spouse, together with Fifteen pounds Sterling that I bequeath to Peggy Reid spouse to Robert Holms plaisterer in the corse house to be paid to her annually during her life at the term of Martinmas of each year. Declaring hereby that the several provisions herein contained made and granted by me to the said Thomas Cuninghame, Elizabeth Hamilton Reid Cuninghame, Ann Cuninghame and Marion Cuninghame, shall be acceptance of by them and each one of them in place and in full of all legetim Bairns part of gear, portions materials 

WHill

Page 10

Materials or other claim Right or title out of my Heritable and moveable subjects which they can demand by my death or by the death of their Mother or otherwise or which is contained in any Deed foremerly granted by me; But Preserve my own liferent of all the subjects before disponed, assigned or conveyed: And I hereby revoke all former Deeds of Settlement made and accepted by me, and I reserve liberty to myself at any time of my life to cancel or revoke these presents and to sell, dispose or gratuitously Gift and convey the said subject or any part thereof and to contract debt thereon or dispose of the same at my pleasure: But on these conditions I Dispense with the not delivery of these presents and Admit this Deed to have the effect of a delivered evident although it may be

WHill

Page 11

Be found in my own custody or in the keeping of any other person and not formerly delivered. And I consent to the Registration hereof in the Books of Council and Sessions or other competent therein to remain for preservation, and Constitute Mt Thomas Thomson Advocate Proc. In witness hereof I have written these presents myself consisting of this and the preceding pages of stamped paper and have subscribed the same at Seabank this third day of February Eighteen hundred and Seven years before these witnesses Hugh Andrew and William Wilson both my Servants assigned, Robert Cuninghame, Hugh Andrew witness, William Wilson witness. I Robert Reid Cuninghame of Auchenharvie upon again considering that the clause in my preceding Deed of Settlement Which Declares and Provides in Substance, that the descendents of

WHill

On the margin at the side of the page between the words Cuninghame, Hugh the words Stop and 1st Codicil have been added

Page 12

Of such of my daughters who may happen to succeed to my property shall use the name and arms of Cuninghame of Auchenharvie, that in any of them so succeeding shall also succeed to another land Estate, the effect of which may preclude him or her from using the said name and arms, such descendant shall omitt and lose his or her right of succession in the premisses: And I having now resolved to alter and recall the above clause to the intent aforementioned; therefore I do hereby recall and alter the foresaid clause in regard to the use of the name and arms of Cuninghame of Auchenharvie in so far as the same applies to my eldest daughter Elizabeth Hamilton Reid Cuninghame and the heirs male or female of her body, and declare that the

WHill

Page 13

The same shall not have effect in the event of their succession to my property, and that my said daughter and the heirs of her body in said event may use said name and arms or not as they incline. And I Consent to the Registration hereof in the books of council and Session and others competent for preservation, and Constitute Mr. Thomas Thomson Advocate Proc. In witness whereof I have written and subscribed these presents at SeaBank the twenty fourth day of January Eighteen hundred and twelve years before these witnesses Hugh Andrew and William Wilson my Servants Robert Cuninghame, Hugh Andrew witness, William Wilson

witness.-

I Robert Reid Cunninghame of Auchenharvie having paid the Third day of August Eighteen hundred and ten to Colonel Alexr Robertson of Hallcraig the One thousand pounds sterling contained in this my Deed

Whill

On the margin at the side of the page beside the word witness 2nd Codicil has been added

Page 14

Deed of Settlement in favour of his spouse, and my Daughter Ann Cuninghame at their marriage and as is therein mentioned to be paid her at my death, I do hereby acknowledge that the foresaid one thousand paid then by me is in full thereof. And I Consent to the Registration in the books of Council and Sessions, and others competent for the preservation and Constitute Mr Thomas Thomson Advocate Proc. In witness whereof I have written and subscribed these presents at Sea Bank this the tenth day of February Eighteen hundred and thirteen years before these witnesses; William Wilson & Hugh Andrew both my Servants assigned. Rob R Cuninghame, William Wilson witness, Hugh Andrew witness - Extracted upon these fourteen pages of stamped paper

by WHill.

This is the Extract Reg Dec of fullement referred to in the oath by Robert Cuninghame Esq emitted this day.

Grauges 13th Feby 1815

Robert Cuninghame

Alex. Hamilton

 

At Glasgow the twenty second day of March Eighteen hundred and fifteen years. This Deed of Settlement given in and duly recorded in the Comissary Court Books of Glasgow in terms of Act of Parliament, along with an Inventory of defuncts personal & moveable Estate by Ben Barton

22 March 18

Deed of Settlement of Robert Reid Cuninghame of Auchenharvie Dated 3d Feby 180

Cidiciles 24th Jany 1812

And 10th Feby 1813

Regd 26th Dec 1814

Comp

R.P.

James Smyth W.S.

£1.66

 

Will 2

 

Page 1

At Edinburgh the tenth day of February one thousand eight hundred and fifteen years. In presence of the Lords Council and Session Compeared Mr Thomas Thomson Advocate Procurator for Robert Reid Cuninghame after designed and gave in the Deed under written desiring the same might be Registered in their Lordships Books conform to law which desire the said Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows. Know all men by these presents, That I Robert Reid Cuninghame of Auchenharvie. Where as by a Deed of Settlement of date the third of February Eighteen hundred and seven made and granted by me, I disponed and Assigned my whole Subjects To and In favour of Robert Cuninghame my Son and the heirs of his Body, whom failing to Thomas Cuninghame my Second Son, whom failing to the Substitutes therein mentioned with under the burden, Conditions, Reservations

Page 2

Reservations therein written as the Said Deed more fully bears, Whereby the son Robert Cuninghame would have Right to the whole Profits that after my death may arise on the Tack or Tacks and Contract entered into betwixt the deceased Patrick Warner of Ardeer and me. But it now being my Intention & Inclination to grant one fourth part of the said Profits to Thomas Cuninghame.

Thereafter in virtue of the Reservations and faculty contained in the foresaid Deed of Settlement, I by these presents Do assign to and in favours of the said Thomas Cuninghame and the heirs of his body, whom failing or deceasing To and In favour of the said Robert Cuninghame and the Heirs of his body or assignees all and haill one fourth part of the Profits that may arise from and after my death of Share of the Coal and Salt.

Page 3

Salt works in certain lands belonging to me and belonging to the heir of the deceased Patrick Warner of Ardeer specified and expressed and described in a Tach and Contract entered into betwixt the said deceased Patrick Warner and me of the date the twelth of August seventeen hundred and eighty three during the space to run of said Tack and Contract after my decease, and a proportional share of the Profits that may arise upon my Salt works included in the aforesaid Lease and Contract in so far as concerns the foresaid fourth part of the said Profits, it being understood by me, that the said Robert Cuninghame is entitled to the remaining three fourths parts of my share of the Profits on the Coal and Salt, and also I assign to the said Thomas Cuninghame and his foresaids are fourth part of all Machinery

Page 4

Machinery, Utensils & that shall be on & about the said Coal work at the end of the Lease or Tack & Contract, Excepting the Saltpans, Gavnells & Utensils belonging to them which at the end of the Lease and Contract will fall wholely to the said Robert Cuninghame and his foresaids without division, and it being herein understood by me that all outlays upon the Coliery and other works to the extent of my share shall be paid by my said two sons proportionately to their interests above expressed from time to time, as it shall become necessary. Further I hereby assign To and In favours of the said Thomas Cuninghame and the heirs of his Body or assignees what ever the one just and equal half of all ships, Brigantines, Sloops, Boats and other vessels which shall be pertaining or belonging to me at the time of my decease or parts or portions of Ships, Brigantines, Sloops, Boats and other Vessels which

Page 5

Which shall then belong to me, hereby Surrogating and Substituting the said Thomas Cuninghame in my full Right and place of the premises, with power to him after my decease to sell and Convey the said Vessels or shares of Vessels and Thereby Declare that the Provision to the said Thomas Cuninghame shall be over and above the one thousand pounds Sterling Contained in the Deed of Settlement before mentioned. And hereby Dispense with not delivery hereof and allow this Deed to have the effect of a delivered Evident although the same may happen to be found in my own Custody or in any other persons custody at my death. But I Reserve power to me at any time of my life and in the article of death to Cancel these presents or to Revoke the same, and to sell and Convey the whole Profits on Coal and Salt, Engines, Utensils and Ships or to burden the same with debts honourously or gratuitously at my pleasure. Consenting to the Registration hereof in

Page 6

In the Books of Council Session, therein to remain for preservation, and Constitute Mr. Thomas Thomson Advocate Proc. In Witness whereof the Presents are written by myself on this page of Stampt paper, and are Subscribed by me at SeaBank the Sixteenth day of April Eighteen hundred and eight before these witnesses William Wilson & Hugh Andrew my Servants (signed) Robert Cuninghame; William Wilson witness, Hugh Andrew witness. (on the back & Initialled) ) RR AH JR BR

JC RC

JC JS.

Extracted on these six pages by The clerk who transcribed this has signed each of the pages , but I cant make out his signature.

Back Page

At Glasgow the Twenty second day of March 1815. This deed produced with an Inventory of the Defuncts Moveable Estate & duly recorded in the Commissary Court Books of Glasgow in terms of Act of Parlt. By Ben Barton

22 March 1815

Supply Deed of Settlement.

Robert Reid Cuninghame of Auchenharvie

To

Thomas Cuninghame

his Second Son

Dated 16 April 1808

Regd 10 Ferbuary 1815

Comp

R.P.

For Smyth W.Z.

13/-

 

 

 
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