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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recently been replaced by a British title of the same rank conferred on the Duke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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