1601 – 1652 Ayr

Sources:
The Register of the Great Seal of Scotland
Glasgow Commissary Court
Secretary’s Register
Publications, Ayrshire and Galloway Archaeological Association,
History of the County of Ayr,  James Paterson

1601 Finlay and Richard Makcubene

Registrum Magni Sigilli Regum Scotorum: The Register of the Great Seal of Scotland, vol 6, no. 1194
Finlay and Richard Makcubene
At Dalkeith 18 June 1601
The King for himself and as administrator for his son, Henry, Prince and Steward of Scotland, Duke of Rothesay, Earl of Carrick and Lord thereof grants to James Cathcart, legitimate son of John Cathcart of Cairletoun and his heirs and assignees whomsoever the 5 merk land called Eister Barneill- Makclune, the merk land called Drummurchrie and Fertyre, as much as that which is occupied by Finla* and Richard Makcubene, Martin Hay Alexander Greitrig alias Crawfurd, David Makkessok, Hugh Young and Gilbert Ros, lying in the Lordship of Carrick and Sheriffdom of Ayr which had been held by service and ward by the deceased William Crawfurd of Clolynane from the said Prince and Steward of Scotland and had come into the latters hands though the alienation, without the consent of the superiors, of Eister Barneill by Colin Makclune of Barneill and Jonet Crawfurd, his spouse and of Drummurchie by Robert Grahame of Knokdolian and others with power to pursue recognition** thereupon.Notes (by Diane Baptie, transcriber)
*I suspect that Finlaumet is a typographical error and that there should have been a space between m and et
Finlaum et Ric Finla(y) and Richard
** In the case of ward-holding, the alienation by a vassal of more than half his lands without getting consent from his superior could lead to forfeiture of his rights by the procedure called Recognition. This meant that the feu would return to the superior. In this case, the superior was the Crown and so after the lands had been returned to them, the King in his and his sons name had then feued the property out to James Cathcart. Finlay and Richard Makcubene would therefore only have been tenants on that land.

1605 Patrik McCubeine 

Glasgow Commissary Court, CC9/7/4
Patrik McCubeine
At Brigend of Cumnok, recorded 16 October 1605
He died testate, having made his will at his dwelling house on the 10 March 1591 in which he appointed his wife, Jonet Harbert and his son, Robert McCubene (sic) as his executors, with the Lairds of Shankistoun elder and younger as oversmen.
(Full will with inventory can be read on ‘Wills and Documents’.)

1606  John McCubeine

Secretary’s Register
RS11/1 f. 359 recorded 4 September 1606 (in Latin)
John McCubeine
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 Kenendy 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, Finald McCallum, smith and John McWalter in Drumellane.

1608 John McCubene

Secretary’s Register
RS11/4 f.174 recorded 26 June 1608 (in Old Scots)
John McCubene
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 Kenndy 300 merks Scots and in exchange had received the lands in 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)

1616 ‘to John M’Cubein’s wyf’

From: “History of the County of Ayr : with a genealogical account of the families of Ayrshire”
‘to John M’Cubein’s wyf’
VIII. Alexander Kennedy of Drummellane, Alexander Kennedy of Drummellane, [a few miles toward Maybole from Tradonuck and Brunstoun] who died in 1616.
The following is an excerpt from his latter-will : to all my bairnes qll yr. pr. fyte aige : and yt Hew Kennedy of Girvanemaynes, Hew Kennedy, yr. of Girvanemaynes, Hew Kennedy, my eldest son, and my brotherein, to be or.searis to my wyf and bairnes. Item, I leif to my second sone, Gilbert, twa hunclrith inerks ; to ye Ladie D^lreoche ane hundrith punds ; to Jonn M’Cubein’s wyf ane hundrith pundis ; to Gilbert Kennedy, my bastard sone, xx/j. ;€¦€¦.

1619 John McCubbine, son to Robert McCubbine

Secretary’s Register
RS12/2 f. 307 recorded 10 February 1619 (in Latin)
John McCubbine, son to Robert McCubbine
In Cumnock
Sir William Cunninghame of Caprington, with consent of Mr James Cunninghame, rector of Cumnock executed a precept of sasine in favour of John McCubbine, son to Robert McCubbine in Cumnock ordering John McCubbine to be infeft in a tenement of land with a ruinous house and outbuildings on it and in the village of Cumnock. Giving of sasine took place on the 5 November 1618 and was witnessed by Andrew Crawfurde of Pollosch, William Campbell in Polquharbar?, George Crawfurde, his servitor and William Gemill and Robert Lokhart, notaries
Giving of sasine was witnessed by William Skilling, elder, in Cumnock, Andrew Gemill, merchant there and John Hodge also there.

1619 John McCubbine & Archibald McCubbine

Secretary’s Register
RS12/1 f. 290 recorded 22 January 1619 (in Latin)
John McCubbine & Archibald McCubbine
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 then 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.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.

1619 John McCubbine, son to Robert McCubbine

Secretary’s Register
RS12/2 f. 307 recorded 10 February 1619 (in Latin)
John McCubbine, son to Robert McCubbine
Cumnock
Sir William Cunninghame of Caprington, with consent of Mr James Cunninghame, rector of Cumnock executed a precept of sasine in favour of John McCubbine, son to Robert McCubbine in Cumnock ordering John McCubbine to be infeft in a tenement of land with a ruinous house and outbuildings on it and in the village of Cumnock. Giving of sasine took place on the 5 November 1618 and was witnessed by Andrew Crawfurde of Pollosch, William Campbell in Polquharbar?, George Crawfurde, his servitor and William Gemill and Robert Lokhart, notaries
Giving of sasine was witnessed by William Skilling, elder, in Cumnock, Andrew Gemill, merchant there and John Hodge also there.

1620 Johnne McCubine in Killnq[uhai]r in the parish of Kirkoswall

Glasgow Commissary Court, CC9/7/17
Johnne McCubine in Killnq[uhai]r in the parish of Kirkoswall, recorded 4 November 1620
He died testate in May 1620

(Full will with inventory can be read on ‘Wills and Documents’.)(Note: the index to testaments published by the Scottish Record Society suggests that Killinqr may stand for Killnquharn. However, while the name has obviously been shortened, it ends in an r not an n and so I have transcribed it as Killnq[uhai]r. I checked earlier maps of Kirkoswald, but could not find a place which equated with either my or the SRSs interpretations) – Diane Baptie

1620 -1622 Johnne McCubeine

Glasgow Commissary Court, 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.
(Full will with inventory can be read on Wills and Documents.)

1621 Adam Makcuben, Ayr

Publications, Volume 12, Ayrshire and Galloway Archaeological Association, Ayr and Wigton Archaeological Association
Adam Makcuben, Ayr
Sasine, on Crown Precept, in favour of the Burgh of Ayr. [15th October 1621.]
Abstract. 34
Instrument of Sasine following on the Precept, No. 33, supra, which is therein engrossed, and in terms thereof. The sasine was delivered by the said John Lokhart of Bar, as sheriff in that part, to Adam Richie, provost, William Cuninghame and John Stewart, bailies, Donald Smyth, dean of guild, and James Makadam, treasurer, of the burgh of Ayr, at the market cross thereof, at ten o’clock in the morning of the 15th of October 1621: Before these witnesses, William Cuninghame, younger of Polquharne, John Love in Newton, William Young there, John Steneston there, Robert Reid, messenger, John Makcra, messenger, John Birnie, son of the late Mr. William Birnie, minister at Ayr, Alan Cuninghame, fuller, James Logan and James Watson, officers of the burgh, George Kessane, merchant there, Adam Makcuben, servitor of the said provost, Alexander Crechton,indweller in Edinburgh, and others.

1630 Fergus M’Cubbin, Maybole

The Register of the Privy Council of Scotland, Vol 3, 592
Fergus M’Cubbin, Maybole
Register of the Council Complaint by Fergus M*Cubine in Maybole, as follows :
On June – M’Cubbin in last, in his returning to the town of Maybole, he met with Gilbert again. 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 Gilbeii; Baird to be put to the horn.*
* Put to the horn – declared and outlaw.

1630 Patrik McCubben, Cumnock

Secretary’s Register
RS12/4/1 f. 652 recorded 8 December 1630 (in Latin)
Patrik McCubben
Cumnock
John Campbell of Schankistoun, superior granted a precept of sasine in favour of Patrik McCubbene, burgess of Ayr in order for him to be infeft in a tenement of land and two other small pieces commonly called Brigend which were part of the Mains of Schankistoun in the parish of Cumnock
Witnesses were Thomas Campbell of Dalhannay, James Mure, servitor to John Campbell of Schankistoun, William McCubbene in Schankistoun and Robert McCubbene, elder, in Cumnock.

1630 Fergus McCubine

Secretary’s Register
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.

1631 Fergus McCubine

Secretary’s Register
RS12/5 f. 2 recorded 1 January 1631 (in Latin)
Fergus McCubine
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.

1634 Adame McCubein

Glasgow Commissary Court, CC9/7/26
Adame McCubein,one of the ordinary officers if the burgh of Air and Margaret Muir, his spouse, recorded 14 April 1634
They died intestate, He died in October 1633 and she died in February 1634. Given up by Patrik McCubein, burgess and brother of Adame on behalf of Johnne McCubein, their son, appointed as executor by the court in a decreet dated 20 March 1634.
(Full will with inventory can be read on ‘Wills and Documents’.)

1634 Gilbert McCubine

Glasgow Commissary Court, CC9/7/26
Gilbert McCubine
Gilbert McCubine and Jonet McGrayne, his spouse in Peymount in the parish of Girvane, recorded 4 November 1634)
(Note: this is only the testament of Gilbert McCubine. His wife was not dead)
He died intestate in September 1634. His Inventory was given by his children, Andrew and Jonet McCubines for themselves and in name of William, Jonet (sic) and Agnes McCubines, lawful bairns of the deceased, appointed in a decreet of the court dated 4 November 1634.
(Full testament with inventory can be read on ‘Wills and Documents’.)

1635 Margaret McCubein

General Register of Sasines
RS1/41 f.729 16 March 1635 (in Latin)
Margaret McCubein
Margaret Mc Cubein, eldest daughter of the deceased John McCubein of Tradonock and future spouse of Gilbert Kennedy of Gillespick was given the liferent of the lands of Gillespick and Craignagart in the parish of Glenluce and Sheriffdom of Wigton.
The precept was written at Edinburgh on the 27 January 1635 and witnesses by John McIlvane of Grummet, John Whytfurde in Mayboll, David Kennedy of Ballemoir and Hugh Kennedy of Ardemain
Sasine witnesses were John and Gilbert Stewarts in Gillespick, John Plain there and John Kennedy servitor to Hugh Kennedy of Ardemain.

1637 Robert McCubine, Cumnock

The Particular Register for Ayrshire
RS12/7/1 f.6 recorded 1 February 1637
Robert McCubine
Cumnock
Sasine to John Campbell, merchant burgess of Edinburgh by Robert McCubine, eldest son of the deceased Robert McCubine in Cumnock of the tenement in Cumnock with houses and two kiln steads thereon
Witnesses George Reid in Cumnock, Patrick Laing, officer there and John Tennant and Richard Gillespie there.

1637 Patrick McCubene, merchant burgess of Ayr

Secretary’s Register
Glasgow Commissary Court, CC9/7/27
Patrick McCubene, merchant burgess of Ayr, recorded 29 July 1637
He died testate in May 1637.
[Full will and inventory can be read on ‘Wills and Documents’.)

1638 Jonet Makibeine

1638 General Register of Sasines
RS1/47 f. 691 – 3 September 1638 (in Latin)
Jonet Makibeine
This involved the implementing of a contract of marriage between John McMillan in Arndarroche in the parish of Dalry and Sheriffdom of Kirkcudbright and Jonet Makibeine. She was to get the liferent.

1641 William & Patrick McCubine

Secretary’s Register
RS12/7/2 f.396 recorded 4 October 1641 (in Old Scots, ink very faded)
William & Patrick McCubine
This records that John Campbell of Schankistoun had redeemed his property of Brigend by paying William McCubbine burgess of Ayr 380 merks Scots on the 20 October 1641. The property had originally been granted to Williams father, Patrick McCubine, burgess of Ayr (see above).
Witnesses were John Dunbar of Knokphinoch, Charles Campbell, son to John Campbell, sometime in Newmilne, John Stille in Gairden, John McCubbine in Bar and Patrick Crawfurde, notary.

1641 William McCubbin, burgess of Ayr

The Clan Campbell, Abstracts of Entries
William McCubbin, burgess of Ayr
October 20, 1641
Instrument of Renunciation by William McCubbin, burgess of Ayr, in favour of John Campbell of Skankston of the piece of the lands of Shankston called Bridgend, which was wadset by him to the deceased Patrick McCubbin, the renouncers father, for 380 merks, and which has now been repaid. Dated at Garden October 20, 1641, and witnessed by John Dunbar of Knockshinnoch, Charles Campbell son to John Campbell, sometime in Newmilns, John Stillie in Garden, John McCubbin in Barr and Patrick Crawford, notary in Cumnock.
[Campbell, Sir Duncan: The Clan Campbell, Abstracts of Entries relating to Campbells in the Early Unprinted Records relating to Ayrshire 1515-1650, Vol. V, p. 109] From Old and New Cumnock, Ayrshire.

1642 Fergus McCubine of Tradonok

Secretary’s Register
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.

1642 Fergus McCubine

Secretary’s Register
f. 469 recorded 29 August 1642 (in Old Scots)
Fergus McCubine
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.

1644 Fergus McCubine

Secretary’s Register
f. 589 recorded 6 February 1644 (in Latin)
Fergus McCubine
This records Fergus McCubine being granted a charter containing a precept of sasine from Charles 1 of Tradonok.

1644 John & Fergus McCubbin of Tradonock

Secretary’s Register
f.619 recorded 15 June 1644 (in Latin)
John & Fergus McCubbin of Tradonock
John McCubbin, brother german to Fergus McCubbin of Tradonok, presented a charter, containing a precept of sasine which had been granted to him by Sir John Ferguson of Kilkerran of the twenty shilling lands of Auchinwin and Furdhous, the ten shilling l.ands of Achatalie, the twenty shilling lands of Attiheir called McCuminstoun, the ten shilling lands of (blank) called McRoriestoun, the twenty shilling lands of Tornbrok, the two merk lands of Glencop, the ten shilling lands of Daltunemie with half the merk lands of Dalturo called Milnburn together with the mill built thereon and the Mill called Bairdsmylne, all lying in the Bailliary of Carrick. The precept was made at Maybole on the 1 June 1644, and witnessed by Fergus McCubbin of Tradonok, Mr Hugh Eccles, minister and John Hall.
Witnesses to the giving of sasine were George Tennant in Kirkland of Maybole, James McTaggart there, George Speir in Quisour, Patrick Loch in (blank) and (blank) in Mill of Dalturo.

1646 Fergus McCubbene of Tradonock

Particular Register of Sasines for Ayrshire
RS13/8 f.42
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 annualrent 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.

1650 Fergus McCubben in Balhomie

Particular Register of Sasines for Ayrshire
f.353
Fergus McCubben in Balhomie
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.

1652 Jonet McCubben

Particular Register of Sasines for Ayrshire
f.379
1 April 1652 (in Latin)
Jonet McCubben
Sasine to John Hannay, tanner in Maybole and Jonet McCubben, his spouse granted by Mr James Bonnar, minister of Maybole with consent of his spouse, Helen Kennedy of a tenement on which there was a house and yard
Precept made at Maybole on the 26 March 1652 and witnessed by John Lamont, shoemaker there and John Shaw, notary.
Sasine witnesses were Patrick McIlvane, William Martein, lapidary, William Glover son to James Glover, notary and Lancelot Mckeny, all in Maybole.

1652 John McCubben, brother to Fergus McCubben

Particular Register of Sasines for Ayrshire
f. 396
24 June 1652 (in Old Scots)
John McCubben, brother to Fergus McCubben in Ballamore and Anna Mowat his spouse had been granted a charter of Alienation by John, Earl of Cassillis of an annualrent of £240 Scots to be uplifted out of the lands of Largs, lying in the parish of Maybole
Precept, written at Stranraer, was witnessed by Thomas Hay of Park, Hew Kennedy of Ariemen? and Fergus McCubben of Balhomie
Sasine witnesses were William Ramsay, son of Thomas Ramsay (the notary), David Weir and Duncan McMichell, his servitors and William Bone of Halfmerkland of the head of Largs.

1652 John McCubbin, brother to Fergus

Deed RD2/3 p. 927 – recorded 30 June 1662, but made at Straiton on the 12 July 1652.
John McCubbin, brother to Fergus
This is a Disposition and records that on the 7 June 1625, Sir John Ferguson of Kilkerrane borrowed 6,000 merks Scots from John Whytfuird of Balloche and as security granted him the wadset of some of his lands in Carrick.  Then on the 4 January 1639, John Whytfuird sold the wadset on to John McCubbin, brother german of Fergus McCubbin in Balhomie.  John McCubbin took title on the last day of May 1642 and then on the 1 June 1644, he sold it on to Simon Ferguson, brother of Alexander Ferguson of Kilkerrane.  The whole history was recorded in this Disposition on the 12 July 1652 and witnessed by John Whytfuird of Balloche and Hugh Eccles, minister of Straiton.