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Country code |
GB |
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Repository code |
234 |
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Organisation |
NAS |
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Repository |
National Records of Scotland |
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Reference |
GD86/694 |
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Title |
Instrument of Resignation (much injured by damp and a great part indecipherable) under the hand of John Cunnynghame, notary public, narrating that John Hendersone, one of the ordinary macers of Exchequer, as procurator for Richard Cunningham of Glengarnock, eldest lawful son of the late Richard Cunningham of Glengarnock (duly constituted by procuratory of resignation contained in a disposition, dated 6, 7 & August 1672, granted by him, with consent of Alexander Cunningham of Craigends and William Cunningham of Oshinyairds [Ashinyairds], his curators, for fulfilling a former disposition, dated 4 March 1669, granted by his father to John Wallace, second son to the late Robert, bishop of the Isles) resigned (1) the 2½ merkland of Robertland with tower etc., the 11 merkland of Locherig, the 4 merkland of Bradieland, the 3 merk, 5 shilling and 9 penny land of Waterland, Halkett and Hasselbank with the mill thereof and the 6 merkland of Foulshaw with the mill, all lying in the bailiary of Cunningham and sheriffdom of Air, and (2) one seventh part of the eight merkland of Waterland and Halkhead with the mill thereof and loch pertaining thereto, lying within the parish of Dunlop, bailiary and sheriffdom foresaid, into the hands of the Lords Commissioners of His Majesty's Thesaurie and Exchequer in favour of Sir Alexander Cunningham of Corshill, who acquired right thereto from the said John Wallace by disposition and assignation dated 5th August 1674: Further it is declared (1) that the lands and barony of Glengarnock, with castles, mills and the loch thereof called Lochtankert (comprehending the lands of Burnes, Barhill, Dammochland, Plewlands, Achinhuiff, Unthank, Denholme, Brigend, Lochrig, Stanieholme, Lochend, Briges and Watters alias Paddockholme, the half merkland of Corse, the kirklands of Kilbirnie and the 40 shilling land of Cherrielands) lying within the bailiary and sheriffdom foresaid, shall remain the heritable property of the said Richard Cunningham; (2) that the lands above resigned shall remain liable to him for real warrandice of the said lands and barony of Glengarnock; (3) that he shall have recourse to the lands resigned in the event of the tacks of the teinds thereof which stood in the person of the deceased Sir David Cunningham of Robertland, being hurt by any deed of Sir David or of his predecessors or of the said lands and barony of Glengarnock or teinds thereof being destrained for arrears of feuduties, stipend etc., for crop of 1667 and preceding years; (4) that the said lands of Cherrielands in the parish of and the lands of Corse in the parish of Largs are excepted from the real warrandice; and (5) that if any of the sums of money which were assigned to the said late Richard Cunningham by Jean Cunningham, donatrix to the escheat of the said Sir David Cunningham (following upon a horning obtained at the instance of Mr. William Wallace of Hellingtoun, advocate, for non-payment of 8500 merks Scots due under a contract, dated 10 March 1637 and registered Books of Council and Session 23rd January 1646, and assignation thereof, dated 10 May 1655, in favour of Wallace) and upon which she obtained decree of declarator, were evicted from the resigner by Wallace or others, he should have regress to as much of the lands above resigned as would compensate him for the value of the sum evicted. Done in the High Exchequer House, Edinburgh, on 17th September 1675 |
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Dates |
17 Sep 1675 |
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Access status |
Open |
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Description |
Witnesses, Thomas Moncreiff, one of the clerks [in Exchequer Office], Mr. Thomas Gordon, W. S., and Robert Innes, writer.
Cf. Signature in favour of Sir Alexander Cunningham Box 24, No. 66, from which many of the clauses, indecipherable in the original Instrument, are taken. R.M.S. Lib lxiv No. 242. |
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