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Notes for William Cunningham and Agnes Cunningham

1613 The will of Agnes Cunningham, spouse to Williame Cwnynghame of Clonbeith, parish of Stewartoun, was proved on November 6 in the Glasgow Commissary Court, reference number CC9/7/9.

1614 William Cunningham and Sarah Jowssie were maried about July 23, the date of their contract of marriage. (See contract dated 1631, below.) [1]

1623 William Conynghame of Clonbeith, with the consent of his wife Sara Jowssie, and John Conynghame, William's eldest son and apparent heir by William's late wife Agnes Conynghame, participated in a land agreement dated January 2 with William Conynghame of Dalkeith, eldest son and apparent heir of Daniel Conynghame, and his father Daniel with the consent of their wives. [2] See also abstracts of documents, dated 23 June 1623, related to the implemention of the agreement. [3] and [4]

Extract registered contract between Daniel Conynghame of Dankeith and William Conynghame, 2 Jan 1623
Please note that this document is not held by the National Records of Scotland. When cataloguing it was decided to reproduce Sir William Fraser's original description of it for the information it contains, with the hope that it might eventually turn up. It is supposed that it was removed from the collection after Fraser completed his work, perhaps as part of a property transaction.
Extract registered contract between Daniel Conynghame of Dankeith and William Conynghame, his eldest son and apparent heir with the consent of Mary Wallace, spouse to the said Daniel and of Jean Conynghame, spouse of the said William, on the one part and William Conynghame of Clonbeith with the consent of Sara Jowssie, his spouse and of John Conynghame, his eldest lawful son and apparent heir procreated between him and unquhile Agnes Conynghame, his first spouse and also the said Sara with consent of Sir William Nisbet of Dean, knight and John Stark of Auchinwoll, her loving friends, on the other part whereby the said first parties sell to said William Cuninghame and the heirs lawfully procreated between him and unquhile Agnes Conynghame, his first spouse, which failing to his own nearest and lawful heirs and assignees whomsoever, 44s 6d land of old extent called Dankeith and Haggis of Dankeith, 2 merk land of old extent of the Freiries of Dankeith, that 16s land of old extent of the 4lib land of Symontoun called the Craigis, the Temple lands of Hoilhous, Templehou and yard in Symontoun, all lying in the parish of Stewarton, Bailliary of Kylestewart and Sheriffdom of Ayr, for which causes the said William Cuninghame with the consent of his spouse and son, dispones to said Daniel Coninghame of Dankeith and Mary Wallace, his spouse and the longest liver of them two during all the days of their lifetime, and to William Cuninghame, their son and the heirs lawfully procreated or to be procreated between him and Jean Cunynghame, his spouse, which failing to the said William, his own nearest and lawful heirs and assignees whomsoever, in fee, the foresaid lands of Clonbeith and Darmule.
Dated at Edinburgh
Recorded in the Books of Council and Session, 16th November 1630

1631 Sarah Jowssie, second wife of William Cunningham, died before September 29. [5]

Instrument of sasine, dated 29 Sep 1631, in favour of Sir William Cunyngham of Caprintoun of the lands of Craigis in the parish of Symontoun following on a bond of warrandice by John Cunynghame, younger of Dankeith, son of William Cunynghame of Dankeithe, in respect of Sir William's cautionry in the contract of marriage between William and umquile Sarah Josie dated 23 July 1614.

1642 The king ratified an agreement in which William Cunningham, formerly of Clonbeith and later of Dankeith, and William's eldest son John were participants as were Daniel Cunningham, formerly of Dankeith, and Daniel's son William. [6]

1187. Apud Edinburgum, 18 Jul. REX,--pro se et tanquam administrator &c. (ut in carta 16),—cum consensu &c. (30. 31. 32. 33. 28.),--concessit ALEXANDRO CUNYNGHAME seniori de Collelane et MARGARETE CUNYNGHAME ejus sponse in vitali redditu, et ALEXANDRO CUNYNGHAME eorum filio natu maximo, heredibus ejus et assignatis quibuscunque, in feodo,--tertiam partem 5 libratarum terrarum antiqui extentus de Clavenes, in parochia de Dundonald, balliatu de Kyl-stewart, vic. de Air;--necnon dicto Alex. seniori in vitali redditu, dicto Alex. juniori ejusque predictis in feodo,--alias duas partes dictarum terrarum;--que omnes per Danielem Cunynghame quondam de Dankeith et Wil. C. ejus filium, cum consensu Marie Wallace sponse dicti Dan. et Jeanne Cunynghame sponse dicti Wil., disposite fuerant Willelmo Cunynghame quondam de Clonbeith (postea de Dankeith) et quond. Sare Jossy ejus sponse, et per dictum Wil. C. quond. de Clonbeith Joanui C. ejus filio legit, natu maximo, et per eum D. Willelmo Cunynghame de Caprintoun militi, et per eum dictis Alex. &c.; et per dictos Danielem &c. resignate fuerunt irredimabiliter, instrumentis &c. (ut in carta 18):--Tenend. de principe:--REDDEND. jura et servitia debita et consueta:--TEST. ut in aliis cartis &c. lvii. 203.


Footnotes:

[1] National Archives of Scotland, GD149/141, Papers of the Cuninghame Family of Caprington, [Scotland_Archives].

[2] National Archives of Scotland, GD3/1/3/5/16, [Scotland_Archives].

[3] National Archives of Scotland, GD3/1/3/5/17, [Scotland_Archives].

[4] National Archives of Scotland, GD3/1/3/5/19, [Scotland_Archives].

[5] National Archives of Scotland, GD149/141, Papers of the Cuninghame Family of Caprington, [Scotland_Archives].

[6] John Maitland Thomson, ed., The Register of the Great Seal of Scotland, A.D. 1634-1651 (Edinburgh: H.M. General Register House, 1897), 443, [GoogleBooks].