The Homeplace – Trudonag, Tradunnock, Dailly, Knockdolian and environs in Ayr
We first find John MAKCUBEYN at the ten shilling lands in the tenement of Trudonag in 1404, as recorded in The Charters of the Crosraguel Abbey.
Landholding in Scotland was feudal. Originally, the king, as the superior or overlord feued out the land to vassals. This transaction would take the form of a charter. Charters of land held directly from the crown were recorded in the Register of the Great Seal which dates from the early 14th century. Those vassals could then feu out parts of the property they held from the king and by doing so became superiors themselves; hence sub-infeudation They, in turn, would grant their own charters. Records of these which have survived are to be found among private papers. The vassal was required to pay an annual feu duty which originally took the form of helping the king or superior in times of war or trouble and was later commuted to a money payment. The vassal, as long as he paid his feu duty, would own the land which had been feued out to him.
Records of land ownership involve land and not the buildings on that land. A landowner is distinguished in the records as being recorded as of an estate or property. Any one designated as in a property lived there but did not own it.DB
MAKCUBEYN, John in Trudonag recorded in THE CHARTERS OF THE ABBEY OF CROSRAGUEL Vol 1, 38,39
Charter by King Robert the Third, on the ground of charity and for the safety of the souls of all his ancestors and successors, and specially of his own soul and that of his beloved consort Anabella, Queen of Scotland, and of his son David, sometime Duke of Rothesay, Earl of Carrick, and of all the faithful dead, granting and confirming to the abbot and convent of Crosraguel, and the monks there serving God, in perpetuity, all their lands following, that is to say, of the churches of St. Oswald of Turnberry, St. Cuthbert of Straton, St. Cuthbert of Innergarvane, St. Cuthbert of Innertig, and St. Michael of Dalmulkerane : Also the two penny land of the chapel of the Holy Trinity of Kildomiue, two mercates of land doted by John Henry, five penny lands of Crosraguel and Southblane, one penny land Channacheth, one penny land called Balekirstenlorcane, and the whole land of Dumheynen, a penny land of Clachrybeg, of Achenacht, of Dallochorane, and Corrale, respectively, five penny lands of Drumgrelach, five merk land of Snade, and one merk of land in the tenement of Donemurthy : Also twenty shilling lands of Drumcaldilthey and Drumfern, twenty shilling lands of the chapel of St. Donnan of Cragach, ten shilling lands of John Makcubyn in the tenement of Trudonag, twenty shilling lands of Drumrachney and of the over lordship of the same tenement : Also the island of Ilysay, with the pertinents ; To be holden, had, and possessed, all and sundry the aforenamed lands, by the said abbot and convent for ever, in free regality, in fee and heritage, and in pure and perpetual alms,etc. etc.
Sealed with the king’s seal, and dated at Linlithgow 24th August 1404.
(Trudonag, (Tradunnock), on the Girvan, near the modern Crosshill, Kirkoswald)
The Introduction in Volume 1 of The Charters of the Abbey of Crosraguel records that many of its records have been lost and the object of the book was to bring together all the material that had survived. The above was a charter of confirmation dated 1404 in which Robert 111 confirmed all preceding grants which had been made to the abbey in the past in fee (i.e. forever) and heritage and at the same time granting them free regality forever. A regality was a franchise court whereby justice could be administered by the owner within the bounds of the lands he owned. In this case, the Abbot and his monks could hold their own court at which cases could be tried. DB
A. Dougal M’CUBYNE of Trudonag was recorded in:
THE CHARTERS OF THE ABBEY OF CROSRAGUEL, 1492
Vol 1, 55,56,62,63
He was linked in with the following family chart, to John Makcubeyn. The documents below indicate that in 1491, “the lands of Altycaple which formerly belonged to Dougal MacCuben of Trewdonnack” would bring Dougal into a time-frame to be the son of John of Trudonag. Diane Baptie, commented on our concern about the weak link between John and Dougal,
“The fact that the Abbot and monks of Crosraguel were the superiors until the mid 16th century and that the notes in the Introduction of The Charters of Crosraguel record the fact that so many records of the Abbey have not survived means that you will probably never be able to make a strong connection between the two men.”
Dougal MAKCUBENE of Trewdunak
Charter by Robert Abbot of Crosraguel, in favour of John Fergusson, son and apparent heir of Duncan Fergusson of Knokgarran, for his good services abundantly rendered, of all and whole a half mercate of the lands of Altycaple, of old extent, next adjacent to the lands of Knokgarran, on the west side thereof; lying in the parish of Dailly, earldom of Carrick and shire of Ayr : which lands formerly belonged to Dougal MacCuben of Trewdonnak, and were resigned by him, by staff and baton, into the hands of Colin of famous memory, sometime abbot of the said monastery:
To hold of the abbot and convent in fee and heritage, for the service due and wont.
Dated at the monastery of Crosraguel 26th May 1492.
Here you will see that the superior is the Abbot of Crosraguel who granted a charter to John Fergusson in 1492 of the lands of Altycaple which had belonged to Dougal MacCuben of Trewdonnak. You will note that he had resigned the lands into the hands of Colin, previous abbot. The Charters etc record that Colin was abbot from 1480 to 1490 (volume i page 54) and so Dougal must have resigned them between 1480 and 1490. DB
Dugald M’Cubin Vol 1, 63
Precept by David, Abbot of Crosraguel, addressed to Dugald M’Crinnyll, Duncan Kennedy, Gilbert M’Cormyll, and John Caldwell, his bailies in that part, for infefting John Fergusson in all and whole the half merk land of old extent of Alticapel, in the parish of Dailly and earldom of Carrick, and which was part of the lands of Dugald M’Cubin. Dated at Crosraguel 2d November 1501. Witnesses: James Kennedy of Row, Robert Mure, and William Maxwell.
1. Fergus M’CUBYNE was recorded in the:
Protocol Book of Gavin Ros, N.P, 1512-1532 ed. by John Anderson and Francis J Grant. (The Scottish Record Society 1908) no. 525
At the mansion of the lands, 30 Dec 1521
Instrument narrating that Fergus M’Cubyne gave sasine of the 20s. lands of Callethtoun and Gardrum, in the earldom of Carrik and sheriffdom of Are, to John M’Cubyne, his son, and Isobella Wallace (or Walker), his spouse, the survivor and their heirs, whom failing, the heirs of John, according to a charter of blench farm for rendering two pennies yearly if asked, to be made to them thereon. At the mansion of the lands 30 December 1521.
Witnesses, William Paterson and Alexander Stewart, 132a.
(blench farm was a nominal feu duty)
Protocol Book of Gavin Ros. no.522
On the grounds of the said tenements 4 Dec 1521
Instrument narrating that Fergus M’Cubyne in Ballochage* freely resigned the following annual rents : 40s. yearly from the tenement of Alexander Ratht, lying in the burgh of Are, between the tenement of the late Alexander Johnsone on the south and that of the late William Wallace of Cragy on the north ; 40s. yearly from the tenement of John Broun of said burgh, between the tenement of the late John Chapman on the south and that of William Walker on the north ; ,£3 yearly from the forehouse, under and above, of Leonard Clerk, with chamber from back part adjoining, in the said burgh between the tenement of Adam Wallace of Newtoun on the west and that of John Mure on the east ; and 20s. yearly from the tenement of James Kennedy, lying between the tenement of John Mure on west and that of Mathew Rodman on the east; in the hands of John Kennedy, one of the bailies of the burgh, in favour of John M’Cubyn, his son, reserving his liferent use of the said annual rents with a reasonable terce to his wife, which resignation being made and received, the bailie gave sasine in due form to John M’Cubyn.
Done on the ground of the said tenements 4 December 1521.
Witnesses, James Wod, John Monfode and Alexander Stewart, 131a.
Memorandum. That Fergus asked instruments of the reservation of his liferent and his wife’s terce.
*You will see that Fergus was in Ballochage not of Ballochage Annual rents were annual payment of interest on loans made by one person to another. You will see that all these properties were in the Burgh of Ayr. It therefore seems likely that Fergus had lent money to Alexander Rath and to John Broun, Leonard Clerk and John Kennedy.
Note that as Ayr was a royal burgh, the superior would be the provost and town council of Ayr. So, Fergus would have resigned the above annual rents into the hands of the baillie (magistrate) acting for the superiors so that a new sasine could be drawn up in his son and wifes name. He also reserved his liferent of them and also his wifes third. DB
Protocol Book of Gavin Ros. no.523
Fergus & John M’Cubin
Instrument to the effect that Leonard Clerk, burgess of Are, faithfully promised to pay to Fergus M’Cubin in Ballochage £3 of money between this and the feast of St. Kentigern (January 13) next to come, or at least to add that sum in letters of reversion of annual rent formerly made between them. . . . December 1521. Probably same date as preceding writ. Witness, John M’Cubyn, 131b.
Protocol Book of Gavin Ros. no.579
In the burgh of Are [Ayr], 1522
Instrument narrating that Robert M’Clure freely constituted and named John M’Clure, his son, his cessioner and assignee in and to all his goods after his decease, except only legacies and what shall be lawfully expended for his soul and funeral rites on the clay of burial ; delivering also the said John, with all moveable goods pertaining to him at his decease, into the care and keeping of John Kennedy, bailie of Are, uncle of John M., and he appoints John K. as governor and guardian of his son, committing to him the disposition of the goods. Moreover, Robert M. immediately delivered to his son John, as assignee, twenty breeding sheep, as many lambs, four cows with calf, one barren cow, two yoke oxen, one ox of five years and one beast (animal) of three years. Fergus M’Cubin in Bellachage became cautioner for Robert for delivering the goods to Kennedy, and Gilbert M’Quhilli became surety for John K. for the upkeep of said goods by him. Done in the burgh of Are, in John K.’s lodging . . . 1522.
Witnesses, Andrew Conyngham,
Leonard Clerk, Alexander Rath, burgesses of said burgh, and George Monfode, 146b between 1521 and 1522.
a) John M’CUBINE married Isobella WALLACE/WALKER before 1521; Source: Instrument of Sasine.
He was included in an ‘Instrument’ narrating that Fergus M’Cubyne gave sasine of the 20s. lands of Callethtoun and Gardrum, in the earldom of Carrik and sheriffdom of Are, to John M’Cubyne, his son, and Isobella Wallace (or Walker), his spouse, the survivor and their heirs, etc.(extracted from the Protocol Book of Gavin Ros. no.525 and included in father Fergus’ narrative)
The following documents indicate that John was a landlord, (and a fairly persistent one, at that).
The Protocol Book of Gavin Ros.
At the said tenement in Air, Dec 1530
no. 1087. Instrument as to question of unpaid rent between Patrick Broun and John M’Cubine. The annual rent from a tenement in Air not having been paid by Broun, M”Cubine passed to the front portion of the tenement, and declared that he would take and distrain certain goods and merchandise in the booth or shop for the annual rent remaining, as he asserted, unpaid. Patrick B., personally present for the time, stood in the doorway and declared he was unwilling to permit John M. to distrain the goods and merchandise in the shop, but that his said tenement was distrainable for the annual rent in his back portion, and meanwhile he offered himself ready to pay the annual rent due from his tenement for the time. Done at the said tenement . . . December 1530.
Witnesses, James Tait, John Martin, Robert Gilbert and John Martin.
no.1088. The same day John M’Cubyn declared himself ready to receive 40 shilling annual rent of the tenements of Patrick Broun in Air, due years and terms bypast, from said Patrick, if he is willing to pay the same.
Witnesses, James Tait, John Martin and Robert Gilbert, 124a.
Protocol Book of Gavin Ros, Scottish Record Society, no. 1262
At Air [Ayr] Feb 1531
Instrument relating to the same subject as the next writ, and narrating (apparently) that Rankyn Mur or his procurator, in a case of arbitration between him and John M’Cubyn, declared he had done his part, but that M’Cubyn had failed in his portion of the agreement, and had not presented his arbiters in terms thereof. Done in the place or church of the friars preachers of Air ( . . . February) 1531. Witnesses, Thomas Boid, Mr. Matthew Chalmer, Robert Chalmer and James Chalmer.
no. 1261. The same day Kentigern Ecclis of that Ilk asserted that John M’Cubyn presented himself in the burgh of Air with him, the asserter, one of the arbiters in the agreement between him and Rankyn Mur, and he declared that James Kennedy of Blarquhane was sick (“infirmus”) and could not be present at the time, and the other arbiters specified in the agreement were occupied in the service of the king and other difficult affairs, and could not be present. He declared, however, that John M. was ready to proceed in said cause, and offered to take John Kennedy of Gyltre or other fit person in absence of his other arbiter, but Robert Boid, in name of Rankyn, dissented. Witnesses, Thomas Boid, Mr. Matthew Chalmer, Robert Chalmer and James Chalmer of Gatgirth in 1531.
Arbitration or out of court settlement involved the parties each choosing arbiters to make a decision about what they could not agree about. It took the form of a Submission laying out their disagreement and a Decreet Arbitral which was the judgement made by the arbiters. DB
(1) Archibald of Trodonock MCCUBENE lived in 1580 in Trodonok, Parish of Kirkosuall, Sheriffdom of Ayr; Source: Will.
He died in Dec 1580 in Bar, Carrick.
Edinburgh Commissary Court Register of Testaments (CC8/8/11) recorded 20/2/1583
Testament dative and Inventory of Archibald McCubene of Trodonok in the parish of Kirkosuall and Sheriffdom of Ayr who died in the Bar in Carrik in December 1580, given up by Hew Kennedy in the Bar of Carrik, as grandfather to Johne McCubene, lawful son of the deceased Archibald, executor appointed by the Commissary Clerk of Edinburgh on the 15 February 1582.
The deceased had an action pending against Johne McMillane in Glassok and James McQuharg in Lanevey for wrongfully evicting him out of his kindly steading of the twenty two and sixpence land of old extent of Kirymoir, lying in the parish of Minigaff in the Sheriffdom of Kircudbright. He held a tack and assedation of the property and so was owed 1,000 pounds by them from the date of his eviction which was in May 1576 to the time of his decease.
There was another action pending by him against Alexander Stewart of Garlies who had evicted him from the sixteen shilling lands of Monnywerk in the parish of Minigaff and which he (Archibald) held in wadset which had not been lawfully redeemed. He had been evicted in June 1578 and was therefore owed 1,000 merks from that time until the time of his decease.
The value of his Inventory was £1,666/13/4d
To be divided in three parts, deads part was £545/11/1d
No cautioner (surety) was named
Archibald McCubene died intestate
He was a landowner of in Scottish records indicates this
Kindly steading a property not held under lease
Tack and Assedation – lease
Wadset type of mortgage by means of which a landowner could borrow money, using the property as security. It was always redeemable
Old extent refers to Valuations which took place during the reigns of Alexander 111 and David 11
A merk was worth 2/3rds of a Scots pound; from 1600, one pound Scots was worth 1/12th of one pound Sterling
Three parts under Scots Law, a deceaseds estate was divided in three parts one third went to the widow, one third to the children and one third (the deads part) could be bequeathed as the testator wished. In the case of intestacy, this merely became the residue and would go to his family.
Testaments only include movable property. Up until 1868, land could not be bequeathed.
Prior to 1600, the year ran from the 25 March to the 25 March. This testament was recorded in January 1582/3. This method of dating was used at the turn of the year.
(a) John MCCUBENE of Tradunock married Jonet KENNEDY on 4 Sep 1606 in Dalquharrane;
Entries from Secretary’s Register for Ayrshire and Bailliaries of Kyle, Carrick and Cunningham (1599-1609)
RS11/1 f. 359 recorded 4 September 1606 (in Latin)
A contract of marriage had been drawn up at Dalquharrane between Alexander Kennedy of Drumellane for his daughter, Jonet Kennedy on the one part and John McCubeine of Tradonok on the other part on the 2 January 1606. The object of this sasine was for John McCubene to grant Jonet Kennedy the liferent of the property (should she survive him) and thereafter it was to go to his heirs.
Witnesses to the giving of sasine on the 18 August 1606 were Hugh Kennedy of Pinquhir, Quintein Kennedy of Kilkerrane, Finlay McCallum, smith and John McWalter in Drumellane.
Entry from Secretary’s Register
RS11/4 f.174 recorded 26 June 1608 (in Old Scots)
This is a Renunciation by Alexander Kennedy in Drumellane and Jonet Kennedy, his daughter and John McCubene of Tradonok, her spouse, for his interest. They had been paid 300 merks Scots by Lambert Kennedy in order to redeem his merkland of Lochland of Kirkmichael in the Earldom of Carrick which he had alienated to Alexander Kennedy under reversion and in which Alexander Kennedy had infeft his daughter, Jonet to succeed to after his death (in other words, Alexander Kennedy had lent Lambert Kennedy 300 merks Scots and in exchange had received the lands as security for the loan).
Made at the Bar, 2 June 1608 and witnessed by Hew Kennedy of Pinquhirrie, Quintein Kennedy of Kilkerrane, John McIl… ? in Alkerkenoch, Thomas McCoule in Lochtoun and Gilbert Kennedy of Auchinstore. (Jonet Kennedy could not write)
Entry from the Particular Register Ayrshire and Bailliaries of Kyle, Carrick and Cunningham (1617-1653)
RS12/1 f. 290 recorded 22 January 1619 (in Latin)
This records that Thomas Kennedy of Barganie, with consent of his curator (guardian, as he was underage), Josie Stewart of Bonytoun, superior of the lands recognised John McCubbine of Tradonok, eldest son of the deceased Archibald McCubbine of Tradonok, as his (Archibalds) heir. John McCubbine was of full age. Tradonok is described as the twenty shilling lands of Knokbrockloch alias Tradonok, in the parish of Kirkoswald and Sheriffdom of Ayr. This took the form of a precept of sasine (letter from the superior to a bailie acting for him to give title to John McCubbine). Witnesses to the precept which had been written by Gilbert Ross, provost of the Collegiate Church of Maybole at Burnefute of Barganie on the 8 September 1618 and witnessed by Gilbert Grahame of Craig, Thomas Kennedy, son of Hugh Kennedy of Gardenmaynes (possibly a misreading by the clerk for Girvanmaynes) and Thomas McBlane in Knok.
Sasine was was given to John McCubbine (i.e was given a handful of earth and stones of the ground of the land of Tradonok which signified he had become actual owner). This was witnessed by David McClure in Tradonok, Alexander McWattie there, John McKinischent in Craigoth, Andrew McSkymene there and Alexander McBlane in Barganie.
[Sasine in Scotland meant the act of transfer of land ownership by grant, inheritance or sale from one party to another and was long completed on the ground by the actual passing of a symbolic handful or earth.] DB
f. 291 same date (in Latin)
This merely records that Jonet Kennedy, spouse of John McCubbine of Tradonok was given the liferent of the lands by her husband.
Witnesses were Gilbert Grahame of Craig, William Fergushill in Burnefute, Henry Huntar there and Thomas McBlane in Quotinfertore. He died in Jul 1620 in Bar, Parish of Daylie;
Glasgow Commissary Court Register of Testaments, CC9/7/17
Johnne McCubeine in Bar in the parish of Daylie, recorded 11 July 1621 and 6 August 1622*
He died testate in July 1620. His testament was partly given up by himself in his will and partly by Johnne Ruthyrfuird, his only executor appointed by him.
Sowing on the ground, 5 bolls of oats – £20
Sowing on the ground 1 boll of barley – £13/6/8d (this appears to be a mistake, as a total of 3 bolls is then referred to)
Sowing on the ground, 1 boll of peas – £3/6/8d
Total – £76/13/4d
Debts owing to him by
Robert McKie in Fordingreoche in a bond – £133/6/8d
Gilbert Kennedy, brother german to Hew Kennedy of Drumellane – £400
Gilbert McConnell in Barmylne – £45/6/8d
The Laird of Garvane Maynes elder – £153/6/8d
Johnne McCargoor in Laganmaine, as principal and Thomas Mc Connell at Barmylne as cautioner – £66/13/4d
Alexander Kennedy of Craigoche as principal and Mr Johnne Fergusson of Kilkerrance as cautioner – £133/6/8d in a bond
Joseas Stewart of Blauchane and his cautioners – £5,633/6/8d
Robert Burns in Mayboill, 10 bolls of meal – £20; 4 bolls of barley – £3/6/8d and the rent of the coalheugh for 1620 – £106/13/4d
Total – £6,405/6/8d
Inventory plus debts owing to the deceased – £6,482
Debts owed by him to
Moreis McFerrow – £200
Patrik Blak in Dummurchie – £80
Johnme Masoune elder, burgh clerk of Ayr – £100
Gilbert McIlwraith in Balloch – £200
William Ross younger in Garven – £133/6/8d
Jonet Maxwell – £33/6/8d
Gilbert McFadzean in Pynvallie – £26/13/4d
Kennedy of Darlea – £13/6/8d
Johnne Stewart in Air 1,000 merks in a bond
Total – £1,453/6/8d
Free gear – £5,028/13/4d
To be divided in three parts
Deceaseds part – £1,676
Quot – £53/6/8d
Made at Bar on the 22 July 1620. He referred his executor to his books which would help him in drawing up the Inventory. His wife was Jonet Kennedy. He left her, besides her liferent of his twenty shilling lands of Tradonok in which she had been infeft, the sum of 300 merks yearly. He also left her 300 merks to be used for the upbringing of their children (unnamed and all underage). He ratified an assignation dated at Bar, 24 August 1618 made by him to Johnne Ruthyrfuird in Balloch of certain sums of money which were owing to him. He also left him a tack (lease) which had been granted to him by Hew Kennedy of Garvane Maynes on the 29 October 1618. Also Joseas Stewart and his cautioner owed him and Johnne Ruthyrfuird 20,000 merks in an Obligation which had been made in 1619, of which 12,000 belonged to Johnne Ruthyrfuird and 8,000 to him.
Witnesses were Mr James Bonar, minister of Mayboill and Johnne Campbell who wrote his will. Mr James Bower also stood as cautioner.
*This last date would have been an eik, an extra part of his inventory found after his testament had been confirmed.
Fergus (1) McCubene of Tradonok/Knockdolian
i) Fergus (1) MCCUBENE of Tradonok/Knockdolian was born between 1607 and 1610; listed as ‘underage’ on his father’s will and legacy. Birth calculated from his parent’s marriage and his wedding date.
We first meet Fergus when he filed a complaint with the council that he had been attacked by Gilbert Baird. This was a time in the history of Ayr/Carrick when feuding among families was rife. The Kennedys were a powerful clan, even fighting among factions of their own. The McCubbins seem to have been involved at times. They seemed close to the Kennedys, through marriage and allegiance. By 1653 they had removed themselves further south to Knockdolian, perhaps to a ‘quieter’ location. (LMcC)
The Register of the Privy Council of Scotland, Vol 3, p. 592
Fergus M’Cubbin, Maybole
Register of the Council Complaint by Fergus M*Cubine in Maybole, as follows :
On June_ last, Fergus M’Cubbin, in his returning to the town of Maybole, he met with Gilbert Baird, Sometime of Eilquhinzie, who without any cause *’ fiercelie sett upon him with ane drawin sword, strake out diverse straikes at him thairwith, cutted his cloathes, and had not failed to have slaine him,” had he not resisted. Since then he ceases not to threaten the complainer with injury either from himself or his friends, so that he cannot safely go about his lawful affairs. The pursuer compearing, but not the defender, FoL 80, b. the Lords ordain the said Gilbert Baird to be put to the horn.*
* Put to the horn – a rebel of the crown.
Fergus married Margaret KENNEDY circa 1631;
RS12/4 f. 668 recorded 24 December 1630 (in Latin)
Fergus McCubine now of Tradonok, along with David Kennedy, eldest son of David Kennedy of Kirkmichael who was acting as attorney for Margaret Kennedy, his sister and future spouse of Fergus McCubine, presented a precept of sasine which had been granted by John Quhytfurd in Maybole in their favour of his heritable property of the ten pound lands of old extent of Girvanmaynes commonly called Girvan with the manor house etc lying in the Earldom of Carrick. This had been made at Maybole on the 1 November 1630 and witnessed by John Kennedy in Balsarroch and John Makilwreith, writer there.
Giving of sasine was witnessed by Thomas Or son to William Or in Barcly, John McNeillie and William Lyndsay, servitors to Thomas Ross in Girvane and David Bowman in Trochrig.
Precept – letter
RS12/5 f. 2 recorded 1 January 1631 (in Latin)
This is a Precept of Clare Constat (i.e. a letter from a superior recognising an heir) and records that Sir John Hamilton of Bargany, as superior, recognised Fergus McCubine, eldest son of the deceased John McCubine of Tradonok, as heir to the lands of Tradonok.
This is followed on f. 3 by a sasine given by Fergus McCubine to Margaret Kennedy, his future spouse, following on his precept of sasine dated 28 October 1630 which was witnessed by Gilbert Ros, minister of Colmonell, John Quhytfurde, deputy baillie of Carrick, Adam Quhytefurde, servitor to Gilbert McConnell, writer and James Barrie, servitor to Fergus McCubine.
Giving of sasine was witnessed by James Kennedy in Tradonok, William McOrcherd in Two Merkland, Thomas Or in Barcly and Thomas Gordoun, servitor to Fergus McCubine.
RS12 f.467 recorded 18 August 1642 (in Latin)
Fergus McCubine of Tradonok
This records that John, Lord Bargany had granted a charter containing a precept of sasine in favour of Fergus McCubine of Tradonok and Margaret Kennedy, his spouse in conjunct liferent of the lands of Knockbrockloch alias Tradonok.
Made at Ardstincher on the 26 May 1642 and witnessed by Thomas Hay of Park, Thomas Hamilton, brother of Lord Bargany, Adam Quhytfurd and James Barrie, servitor to the notary.
Giving of sasine was witnessed by Gilbert McKilduff, servitor to John Adamson who acted as attorney for Fergus McCubine and his spouse, Edward and Robert Wallaces, sons of William Wallace in Tradonok and John Baskin, shoemaker there.
f. 469 recorded 29 August 1642 (in Old Scots)
This involved a contract which had been made between Hew Kennedy of Girvanmaynes and Fergus McCubine and his spouse, Margaret Kennedy. This is a long, complicated document, but the upshot of it was that Hew Kennedy had got into debt to several people and Fergus McCubine had acquired the property of Girvanmaynes together with the documents involving the debts on it. This meant that he was due to receive payment of a total of 19,300 merks (a merk was work 2/3rds of a Scots pound) from Hew Kennedy. Once the debt was repaid, Fergus McCubine would re-instate Hew Kennedy in the property. While Fergus had acquired title to the property together with the financial burdens on it, he had not been infeft in the property and so the object of this sasine was to rehearse the history of the debt and then record Fergus as owner, until the debt was repaid
Witnesses were David Kennedy of Kirkmichael, Thomas Kennedy in Pinquhirry, John Bining in Maybole and John Schaw, writer.
f. 589 recorded 6 February 1644 (in Latin)
This records Fergus McCubine of Tradonok being granted a charter containing a precept of sasine by Charles 1.
Particular Register of Sasines for Ayrshire
Fergus McCubbene of Tradonock
1 August 1646 (in Latin)
John Ross in Girvanmaynes as attorney for Margaret Kennedy, spouse of Fergus McCubbene of Tradonock presented a Disposition made by Fergis McCubbene to her of an annual rent of 1,000 merks out of the lands of Girvanmaynes in the parish of Kirkoswald in liferent.
The precept was written at Colmonell on the 25 June 1646 and witnesses by Mr George Hutchesone, minister there, David Kennedy of Balliemoir and Robert McKie, inserter of the date.
The giving of sasine was witnessed by William Stewart, brother of John Stewart of Dunduff, John Davidson, fisherman, Thomas McBlane and his son, Thomas in Girvan
Fergus McCubben in Balhomie
f.353 29 September 1650 (in Latin)
This sasine does not actually involve the McCubbins. It refers to the contract of marriage between Gilbert Kennedy of Girvanmaynes and Marion Kennedy, his future spouse. Girvanmaynes was then held by Fergus McCubben in Balhomie (see earlier sasines) and so they would have to hold the property from him.