Hugh Cunningham of Waterstoun

HUGH CUNNINGHAM OF WATERSTOUN

According to Sir James Balfour Paul, Hugh Cunningham of Watterstoun is the ancestor of the Cunninghams of Carlung. He is the son of William, fourth Earl of Glencairn. The lands of Watterstoun were given to him by his father, who had seized them from the former owner Ninian Cunningham of Waterstoun Sir James does not identify the name of Hugh's mother. The Scots Peerage, iv, pp. 238-39

James Paterson proposed the same genealogy fifty-five years earlier, but, in error, he has Archibald Cunningham of Waterstoun intervening between Hugh Cunningham of Waterstoun here treated and his eldest son Robert. History of the County of Ayr, p. 143

Hugh Cunningham of Waterstoun may be the man named Hugone Cunynghame who witnessed three charters issued by William, Earl of Glencairn. He is the first named witness but he has no territorial designation and his relationship to the Earl is not mentioned.Register of the Great Seal of Scotland, 1513-1546, charters numbered 3206-08 on pp. 751-52

Death

Hugh Cunningham of Waterstoun was alive on 13 August 1586 National Records of Scotland, Papers of the Cuninghame Family of Craigends, Renfrewshire, reference GD148/227 but he died before 25 May 1588. National Records of Scotland, Earls of Glencairn, reference GD39/1/125

Marriage

Hugh Cunningham of Waterstoun married Margaret Wallace. National Records of Scotland, Earls of Glencairn, reference GD39/1/66

Children

1. Robert Cunningham of Waterstoun
2. James Cunningham
3. Joseph Cunningham
4. William Cunningham
5. Hugh Cunningham
6. Elizabeth Cunningham

Evidence from the National Records of Scotland

                   1

13 November 1545: Letters of Reversion by Hugh Cunninghame of Waterstone and Margaret Wallace, his spouse, in favour of William Earl of Glencairn, of lands of Gersmelsyde, in lordship of Kilmaurs and sheriffdom of Ayr wadset to them for £100 Scots. Witnesses: Mr Adam Wallace, George Wallace, Mr Michael Wallace and Mr Patrick Dunlop. [One seal appended]. National Records of Scotland, Earls of Glencairn, reference GD39/1/42

                   2

4 July 1554: Decree arbitral given by Hugh Cunningham of Waterston and Mr. John Porterfield of that Ilk, judges arbiters chosen by Alexander Earl of Glencairn and Archibald Maclachlan (See GD39/1/56) whereby they decern the said Archibald Maclachlan to renounce and over give to the Earl, the lands and Barony of Duchal, as well property as tenandry, and the Earl to pay to Archibald the sum of 100 merks betweem the date of the decree and the first lady day called the assumption. Witnesses, William Master of Glencairn, Mr William Houston, Alexander Lindesay and Thomas Murray. At Edinburgh. National Records of Scotland, Earls of Glencairn, reference GD39/1/66

                   3

27 May 1556: Hugone Cunynghame of Walterstoun witnessed as charter issued by Margaret Cunningham, daughter and heir of James Cunningham of Polmais. Register of the Great Seal of Scotland, 1546-1580, charter number 1078 on pp. 239-40

                   5

26-30 May 1556: Decreet Arbitral pronounced by William Conynghame of Conynghameheid, David C. of Robertland, William Walles of Johnestone, Mr. John Porterfeild of that Ilk, Robert ....., minister of Failfurde, and Andrew Conynghame, son of the Earl of Glenkarne, Mr. James Walker, parson of Inchcallocht, and Mr. Adam Walles,'arbiters chosen by Hew Conynghame of Watterstone,on the one part' and William Conynghame of Craigance and William C. of Carnecuran, his father's brother, on the other part, regarding all disputes about the lands of Watterstone, and compensation to be given to the said William C. of Carnecuran for renouncing the lands of Abirnethistone (apprised to Geilis Campbell, Lady Craigance, his mother) in favour of said Hew C. It is decreed that William C. of Craigance shall receive £60 for redemption of that part of Watterstone occupied by Wattie Henderson, and also that part occupied by one Robert Conynghame, and shall renounce the same in terms of the reversion given by deceased William C. of Craigance, his greatgrandfather (grantschir), to Ninian C. of Watterstone; and Hew C. is to pay 350 merks for the lands of Abernetheistone, to be resigned by said William C. and Lady Craigance. Also said Hew C. of Watterstone, for himself and taking burden for Robert C. son and heir of deceased Ninian C., is to renounce all right to that part of Watterstone occupied by James Blak and others National Records of Scotland, Papers of the Cuninghame Family of Craigends, Renfrewshire, reference GD148/185

                   5

27 February 1557: Bond of Reversion by Hew Conyghame of Wattirstoun and Margaret Wallace, his spouse, in favour of Robert C. of Mwngrenen and Marion Conyghame, his spouse, to renounce the 10 m.l. of Mwngrenen (sold and disponed by Robert to Hew) upon repayment of 1000 merks on the Lady altar in the Blakfreir kirk of Glasgow, in terms of contract between them of this date National Records of Scotland, Papers of the Cuninghame Family of Craigends, Renfrewshire, reference GD148/187

                   6

11 March 1563: Decree of the Lords of Council at the instance of David Cunningham prebender of the prebendary in the Collegiate Church of Kilmaurs called Fluirs alias Bankhead against Hugh Cunningham of Waterstoun, Gy Cunningham of Southwick and Margaret Stevenson his mother, and Robert Cunningham, her husband, mentioning that the said David Cunningham is provided in the lands annexed to the said prebendary namely the 10 pound land of Kilbride called the Priestfield together with the Glebe lying beside the Church of Kilmaurs all occupied by Gy Cunningham and Margaret Stevenson as feuars thereof since the month of March 1553, nevertheless they postponed paying him the maills and duties thereof, therefore decerning the said Hugh Cunningham to pay to the said David Cunningham prebendar yearly since the feast of Whitsun 1553 the sum of 21 merks 14 shillings etc. At Edinburgh. National Records of Scotland, Earls of Glencairn, reference GD39/1/68

                   7

7 December 1563: Instrument of Resignation ad remanentiam by Cuthbert Cunninghame of Cuttiswray and Matilda Cunninghame, his wife, in favour of Alexander, Earl of Glencairn, of 5 merk lands of Finlayston, in barony and sheriffdom of Renfrew, and an annnual rent of 24 bolls victual taken yearly from Cranischaw Miln and multures of the same in lordship of Kilmaurs, bailiary of Cunninghame and sheriffdom of Ayr. Witnesses: John Cunninghame of Caprington, William Cunninghame of Cunninghamehead, Hugh Cunninghame of Waterstone,Patrick Hamiltone of Bogside, William Cunninghame of Aiket, Robert Boyd in Clerkland, Alexander Cunninghame, burgess of Irvine, John Dunbar and John Mure, notaries public. National Records of Scotland, Earls of Glencairn, reference GD39/1/49

                   8

20 June 1566: Submission between David Blair of Adamtoun, on one part, and William Cunyghame, son and heir of John Cunyghame of Caprintoun, and Adam Cunyghame in Wefford, on the other part, respecting the lands of Ladyland in parish of Symontoun Arbiters - William Cunyghame of Cunyghamheid, John Mur of Rowalland, Hew Cunynghame of Wattistoun, John Blair of Myddilauchidrayn and Mungo Mur of Hollowchapell. National Records of Scotland, Papers of the Cuninghame Family of Caprington, reference GD149/33

                   9

7 November 1566: Instrument of Redemption by Robert Scott, writer to the Lords of Council and Elizabeth Scott, his wife, in favour of Alexander, Lord of Glencairn of £5 land of Finlayston in parish of Erskine and sheriffdom of Renfrew, occupied by John Henry, Malcolm Martin, Thomas Paul, Alexander Gardiner, Alexander Donald, Sir John Cupar, William Pennall, Andrew Ker, John Ker, William Galloway, John Lyoun, Lucas Knelandis, John Fosar, Violet Fynne, Alexander Wilsoune, John Dowald, Bartholomew Taylor, Alexander Gardinar, Alan Park and Alexander Wallace, and discharge by said Robert and Eliabeth Scott in favour of William Cunninghame of Cunninghamehead and Hugh Cunninghame of Waterston of that part of contract registered in Books of Council where they stand surety for £80 annual rent furth of said lands. Witnesses: John Dunbar of Mylmerk, Mr John Cunninghame in the Canongate, near Edinburgh, Andrew Smyth, servant of Ninian Cunninghame, servitor to said Earl, George Sinclair, servant to said Robert Scott. National Records of Scotland, Earls of Glencairn, reference GD39/1/55

                  10

9 October 1567: nstrument of Resignation by William Cunninghame of Cunninghamehead and Elizabeth Cunninghame, his spouse, in the hands of Alexander, Earl of Glencairn, for new infeftment in favour of Mr David Cunninghame, their son, of 3 merk and 40 penny lands of Shaw, 4 merk lands of Whiterig, 22s. lands of Binston, an annnual rent of 20 merks from the other 4 merk lands of Schaw, all in barony of Kilmaurs, bailiary of Cunninghame, and sheriffdom of Ayr; and annual rent of 44 merks furth of the £5 lands of Finlayston and Bogside, in barony of Finlayston and sheriffdom of Renfrew. Witnesses: William, Master of Glencairn, Hugh Cunninghane of Waterstone, Adam Cunninghame, younger of Auchenharvie, Mr James Walker, rector of Inchecallzeocht and William Stewart, prebendary of Kilmaurs. National Records of Scotland, Earls of Glencairn, reference GD39/1/57

                  11

6 March 1570: Instrument of Resignation by William Scot burgess of Irvine (See GD25/1/701) in the hands of Gilbert Earl of Cassillis of the 6 merk land of Ranko Castlehill and Hilton, and 6 merk land of Craigencroy and Ardathie lying in the barony of Dunure and Earldom of Carrick, for new Infeftment thereof to be granted by his Lordship to the said William Scot and Elizabeth Cunningham his affidate wife, daugther of Hugh Cunningham of Waterston in conjunct fee and liferent, and the heirs to be procreate between them whom failling the said William Scot his nearest heirs whatsoever National Records of Scotland, Papers of the Kennedy Family, Earls of Cassillis, reference GD25/1/758

                  12

9 October 1567: Charter by Alexander, Earl of Glencairn, in favour of Mr David Cunninghame, son and heir of William Cunninghame of Cunninghamehead, of annual rent of 20 merks furth of the 4 merk land of the Shaw lying in barony of Kilmaurs, bailiary of Cunninghame, and sheriffdom of Ayr, occupied by Archibald Templeton, William Smyth and Thomas Smyth. Witnesses: William, Master of Glencairn, son and heir apparent of the said Earl, Hugh Cunninghame of Waterston, Adam Cunninghame, younger, of Auchenharvie, Mr James Walker, rector of Inchecallzeocht, William Stewart, prebendary of Kilmaurs, and Gavin Nasmyth, notary public. National Records of Scotland, Earls of Glencairn, reference GD39/1/56

                  13

11 January 1572: Letters Obligatory by Alexander, Earl of Glencarne lord of Killmawris, setting forth that, - Williame Conyghame of Conyghameheid and Elizabeth Conyghame, his spouse, being infeft in conjunct liferent, and Master David Conyghame, their son liberal in fee, in 3 merk and 40 pennyworth of the lands of Schaw, 22s land of the lands of Buystoun sometime occupied by Patrick Lochesyde, 4 merkland of Quhytrige, and an annual rent of 12 bolls oatmeal furth of other 4 merkland of Schaw Also said Williame and Elizabeth having in conjunct infeftment the 5 merkland of Newetoun, 16s land called the Schawmyllbuss and other 22s land of Buystone sometime occupied by Mathow Smyth and Johne Hill, all of old extent, lying in the barony of Killmawris, bailiary of Conyghame and sheriffdom of Air, - and they having granted letters of reversions thereupon to said earl, - nevertheless, considering that said Williame and Elizabeth had before had said lands of Newetoun pertaining to them without reversion, and that they had always taken part in said earl's honest and lawful charges and affairs not only in their native country, but also said Williame having shared the earl's banishment in England, had disbursed great sums of money to their intolerable charges and hazarding of said Williame's life, lands, goods and all, - therefore said earl obliged himself not to redeem any of said subjects during the lifetime of said Williame and Elizabeth: and consented to registration hereof in the Books of Council. At Conyghameheid Witnesses: Williame Scot, burgess of Irwin, Hew Conyghame, son to the laird of Walterstone, Williame Stewart, prebendary of Killmawris, Gavin Nasmyth, notary, with others divers National Records of Scotland, Register House Charters, reference RH6/2238

                  14

30 April 1572: Letters of Reversion by Hugh Cunninghame of Waterston and Margaret Wallace, his spouse, in favour of Alexander, Earl of Glencairn, of the 40s. land of Auchinsalle, in barony and sheriffdom of Renfrew, occupied by John Lyle, George Cochrane, Henry Simpson, James Simpson and Robert Park wadset for 200 merks. Witnesses: William, Master of Glencairn, James Cunningham, tutor of Craigans, Robert Cunninghame, servant to the said Master, and Gavin Nasmyth, notary public. National Records of Scotland, Earls of Glencairn, reference GD39/1/60

                  15

26 May 1574: Charter by Alexander Earl of Glencairn to Margaret Campbell, daughter of Colin Campbell of Glenorchy, whereby in implement of a contract entered into between the Earl, Dame Jean Cunningham his wife, William Master of Glencairn and Janet Gordon his wife, and James Cunningham son and apparent heir of the said William Master of Glencairn on the one part, and the said Colin Campbell of Glenorchy, Katharine Ruthven his wife, Duncan Campbell fiar of Glenorchy and the said Margaret Campbell daughter of the said Colin Campbell and Katharine Ruthven, dated at Edinburgh 24 May 1574, the Earl dispones to the said Margaret Campbell and her heirs the lands and baronies of Finlayston and Ranfurlie Cunningham with the manor places etc. Witnesses Hugh Cunningham of Waterston Andrew Cunningham, son of the Earl, Gavin Hamilton and John Smollet. At Edinburgh. National Records of Scotland, Earls of Glencairn, reference GD39/1/72 Register of the Great Seal of Scotland, 1546-1580, charter number 2254 on p. 597

                  16

23 September 1574: Hugone Cunynghame de Watterstoun and Hugone Cunynghame his son witnessed a charter issued by Alexander, commendator of Kilwinning. Register of the Great Seal of Scotland, 1546-1580, charter number 2489 on p. 668

                   17

8 November 1576: Letter of Reversion by Edward Wallace of Sewaltone, granting to John Conyghame of Conyghameheid, his heirs and assignees, the right to redeem the 5 merkland of old extent of Warrickhill (occupied by John Willsone and William Willsone), and the 3 poundland of old extent called Capronstane (occupied by James Rankein, Robert Biggart, John Buckill and John Dickye), worth £22 Scots of annual rent, lying in the tenandry of Conyghameheid, bailiary of Conyghame and sheriffdom of Air Which said John Conyghame had wadset to said Edward, by payment of 300 merks Scots in the parish kirk of Irwin, on 40 days warning before any term of Whitsunday or Martinmas; consignation, if necessary, to be in the hands of a responsible landed man burgess of Irwin. Provided that the redemption should take no effect till the byrun duties of said annual rent be paid. At Irwin Witnesses: Hew Conyghame of Walterstone, Robert Conyghame, his son and heir apparent, William Scot, Hew Scot, John Peiblis, burgesses of Irwin, Gavin Nasmyth, notary, with others divers National Records of Scotland, Register House charters, reference RH6/2415

                  18

16 February 1581: Precept of Clare Constat by James, Earl of Glencarne lord Kilmawris (Kilmaurs) etc addressed to John Mwre (Mure), his baillie in that part for infefting John Conynghame of Conynghameheid as heir of umquhile William Conynghame of Conynghameheid (Cunninghamhead) his father in the 14s lands of Bustoun of old extent which umquhile Matthew Smyht occupied and the 8s land of Buistoun of the same extent which umquhile John Hill occupied and had in tack, lying in the barony of Kilmawris (Kilmaurs), bailliary of Conynghame and sheriffdom of Air; held of the Earl for payment of 1d Scots in name of blench ferme Witnesses John Mure of Rowallane, James Campbell of Stevinstone, Adam Conynghame of Auchinhervie, Hugh Conynghame of Walterstone John Mwre of Ferrie, Gavin Nasmyth, notary with divers others National Records of Scotland, Register House Charters, reference RH6/2623

                  19

15 December 1581: Procuratory by John Conyghame of Conyghame, Marione Otterburne, relict of James Conyghame of Tourelandis, Hew Conyghame of Walterstone, and Margaret Conyghame, relict of Hew Conyghame in Saltcottis, constituting ...Robert Cunyghame younger of Watterstone and Thomas Otterburne of Reidhall their procurators to compear in the Justice Court to be held in the tolbooth of Edinburgh, 22 Dec 1581, and all other days and places needful, to pursue Thomas Wylie in Greenhill for the cruel slaughter of said James Conyghame of Tourelandis and Hew Conyghame in Saltcottis. At Irwine, 15 Dec 1581. Witnesses, Alexander, commendator of Killwyninge, Johne Blair of that ilk, James Blair of Myddill Auchindraine, Thomas Eset, messenger, Gavin Nasmyth, notary, with others divers. National Records of Scotland, Register House charters, reference RH6/2613

                  20

March 1582: Signature subscribed by the King ordaining a letter of gift to be made to Adame Cuynghame (Cunningham) of Clolynane, his heirs ro assignees one or more, of the escheat of all goods, debts etc which pertained to Johnne Cunynghame of Cunynghameheid, Thomas Fairlie in Kilmais, Robert Cunynghame, brother of Adame Cunynghame in Auchinharvie, David Campbell, son of Robert Campbell of Owertoun, Johnne Muir, son of James Muir tutor of Auchindrane, William Cunynghame, son of Heugo Cunynghame of Waterstoun and which had fallen to the King by reason of escheat through the cruel slaughter of Thomas Wyle in Grenehillcommitted by said persons upon suddantie 23rd march instant National Records of Scotland, Register House Charters, reference RH6/2627

                  21

10 November 1582: Hugh Cunningham of Waterstoun issued a charter in facour of Alexander Cunningham, commendator of Kilwinning and his wife Jean Blair. His son Robert Cunningham acted as baillie for his father, and his son William Cunningham witnessed the charter. Register of the Great Seal of Scotland, 1580-1593, charter number 526 on p. 160

                   22

5-6 December 1582: Tack by Alexander, commendator of Killwynninge (Kilwinning) with consent of the convent thereof, setting to Thomas master of Boyde, and to Thomas Boyde his second son liberal and the survivor of them and after their decease to the heirs and assignees whomsoever of said Thomas younger for nineteen years from Lammas last bypast, the teind sheaves and teind bolls of vitual of the following lands Viz Monefode-Boyde, the Newtoun, the lands Under the hill, the Manis of the Law, Blakschaw and the Brewlands alias lcus Roberti Boyde, Arneill-Boyde, Huntarstoun and Campbellstoun, all lying in the parish of Kilbryde, bailiery of Conynghame (Cunningham) and sheriffdom of Ayr and yielding yearly 57 bolls victual, meal and bear, of teind. Paying yearly for each of the said bolls 6s 8d, in all 9lib Scots; beginning payment for Huntarstoun, Campbellstone and Manis of Law betwixt Yule and Candlemas next, for Arneill-Boyde after the ish of a nineteen years tack set to William Cunningham, son of Hew Cunningham of Walterstone and for the others after the decease of Alexander Cunningham, son and heir apparent of James Cunningham of Clonbeith; all conform to contract dated at Irwin, 30th November 1582. At Kilwinning, 5th December 1582 Witnesses Robert Blair, brother german of John Blair of that ilk, William Stevinstone, Gavin Nasmythe and Alexander Michell younger, notaries and comburgesses of Irwin with others divers Signed Alexander Commendarius a Kilwynige Deyn James Mechell Deyne Robart Curry Deyne Jhone Deyne In dorso Jeane Blair, spouse of said commendator and tacksman of the parsonage teinds of the kirk of Kilbryde, ratifies said tack in presence of said notaries. Whereupon William Stevinstone, burgess of Irwin, in name of said master of Boyde asked instruments. Witnesses Robert Blair aforesaid, James Cowpar in Kilwinning, Thomas Eset, messenger, Alexander Michell, younger notary National Records of Scotland, Register House Charters, reference RH6/2648

                  23

4 November 1583: Letters of Assurance by Hew, Earl of Eglinton and Hew, Master of Eglinton, his son for themselves and taking burden for their kin, friends, tenants, servants, assisters, partakers and all others whom they might let, at the King's command, assuring James, Earl of Glencarne, Lord Kilmawrs, John Cunningham of Cunninghamheid and Hew Cunningham of Watterstoun, their kin, friends etc to be unmolested by said Earl of Eglinton etc for whatsoever cause or quarrel preceding the date of said letters, otherwise than by order of law and justice, till 1st August 1584 And that under pain of infamy, and under pain of 20,000 merks to be paid in case of contravention, one half to the King and the other half to the party grieved. With consent to registration on the Books of the Privy Council. At the Burgh of Irwin, 4th November 1583 Witnesses Andro Nevin of Monkreddinge, Hew Nevin, baillie of Irvine, Thomas Brone, John Nilore, notaries, John Montgomerie, brother german to James Montgomerie of Brigend, Robert, Lord Sympill, Robert Boyd of Badinhayth, Neill Montgomerie of Langschaw, Robert Mure of Cauldwell, William Montgomerie younger of Skelmorlie, John Wallace of Cragy, Hew Wallace of Carnale, Hew Campbell, provost of Irvine, Archibald Lorymer, notary Signed by the granter Also signed J Andro, the Clerk of the Privy Council National Records of Scotland, Register House Charters, reference RH6/2694

                  24

13 August 1586: Act of the Lords of Council continuing the hearing of an action at the instance of Alexander Cunynghame of Craganis against Hew C. of Watterstoun,Gabriel C. in Boghouse, James C. 'betuix the Hillis', and others, including Ninian C. in Watterstoun, tenants of the lands of Watterstoun, and also against Robert C., son and apparent heir of said Hew, about the apprising of cattle and goods thereon in satisfaction of an annualrent of £10 due to the pursuer from the said lands National Records of Scotland, Papers of the Cuninghame Family of Craigends, Renfrewshire, reference GD148/227

                  25

25 May 1588: Minutes anent the redemption by James, Earl of Glencairn from Robert Cunningham of Waterston, son and heir of umquhile Hugh Cunningham of Waterston, of the lands of Grassmilside, which had been wadset by the Earl's predecessors to said umquhile Hugh Cunningham for £100.At the church of Kilmaurs.(Margaret Wallace, deceased wife of said Hugh, and James Cunningham brother german of said Robert Cunningham of Waterston are mentioned. Robert Cunningham repudiates the Letter of Reversion by his father and mother produced, and the signatures thereto of his father and of his mother by proxy of Mr Matthew Wallace.) National Records of Scotland, Earls of Glencairn, reference GD39/1/125

Genealogy

1. James Paterson, History of the County of Ayr: with a Genealogical Account of the Families of Ayrshire (Edinburgh, Thomas George Stevenson, M.DCCC.LII), ii, 528 pp. For Cunningham of Waterstoun and Carlung see pp. 143-44
2. Sir James Balfour Paul, The Scots Peerage: Founded on Wood's Edition of Sir Robert Douglas's Peerage of Scotland etc. (Edinburgh, David Douglas, 1907), iv 597 pp. see pp. 222-52 for Cunningham, Earl of Glencairn
3. George Robertson, Topographical Description of Ayrshire: More Particularly of Cunninghame, together with a Genealogical Account of the Principal Families in that Bailiwick (Irvine, Cunninghame Press, 1820), 442 pp. see pp. 128-30 for Cunninghame of Carlung