Agnes Cunningham

AGNES CUNNINGHAM (aka AGNES CVNYNGHAME)

Lady Polmaise

Spurious Pedigree

Agnes Cunningham, here treated, has been misidentified as the daughter of James Cunningham of Polmaise and his first wife Elizabeth Colquhoun in at least two pedigrees that have been published on the internet 1. Clan MacFarlane and associated clans genealogy 2. FamilySearch but this is quite wrong

The Question of Identity

Agnes Cunningham, here treated, is the daughter, probably the youngest daughter of James Cunningham of Polmaise and his wife Margaret Ayton. RMS: 1102

Her Last Will and Testament

Agnes Cunningham made her last will and testament at her house in Edinburgh on 2 September 1588: "At Edinbur the secund day of the moneth of September the yeir of god jaj vc lxxxviij yeiris . . . . . This was done in the said ladyes dwelling chalmer in Edr". She nominated and appointed her son John Murray of Polmaise as her onlie excutor and intomitter with her: "haill guids and gear and dettis". She left one or two personal items to her daughter Janet Murray, and forty pounds to her brother Henry Cunningham. Among the witnesses present when she made her last will and testament was William Blair younger son to the Laird of Balthyock, James Murray, her son, and Henry Cunningham, her brother. Confirmation was granted to her son John on 3 January 1589. [National Records of Scotland, Stirling Commissary Court, Testament Dative and Inventory of Agnes Cunningham relict of William Murray in Touchadam, parish of Saint Ninian, reference CC21/5/3]

1. Image of Testament
2. Image of Testament
3. Image of Testament

Death

According to the opening paragraph of her testamentary deed, Agnes Cunningham died on 10 September 1587. However, her last will and testament was evidently made on 2 September 1588 and it suggested here that she probably died on 10 September 1588. [National Records of Scotland, Stirling Commissary Court, Testament Dative and Inventory of Agnes Cunningham relict of William Murray in Touchadam, parish of Saint Ninian, reference CC21/5/3]

Marriage

Agnes Cunningham, here treated, married William Murray of Touchadame, afterwards William Murray of Touchadame and Polmaise. RMS: 1841

Children

1. Sir John Murray of Touchadame and Polmaise
2. James Murray
3. Thomas Murray
4. Janet Murray

Evidence from the National Records of Scotland

                   1

22 September 1556: Charter under the Great Seal of Scotland which confirms possession of part of the lands of Bochaldy in the barony of Polmaise to Duncan Cunningham, brother german of James Cunningham of Polmais. The land is said to be held of the crown by Margaret, Katherine, Isobel, Janet, and Agnes Cunningham, daughters and heirs of James Cunningham of Polmaise. Janet and Agnes Cunningham were evidently still minor children because their interests were represented by Henry Orme of Muckdrum, who is identified as their curator. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1546-1580, charter number 1102 on 244-5

                   2

17 May 1550: Charter by which Agnes Cunningham, one of the daughters and heirs of James Cunningham of Polmaise, confirms that she has sold her share of the lands in the barony of Polmais to Isobel Cunningham and her husband John Cunningham of Drumquhassill. Agnes is identified as one of the two legitimate daughters and heirs of James Cunningham of Polmaise, procreated between him and his wife Margaret Aytoun: "uni filiarum et duarum heredum dicti Jac. inter eum et Margaretem Auyoun ejus sponsam legitime procratarum". Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1546-1580, charter number 1102 on pp. 309-10

                   3

27 August 1560: Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1546-1580, charter number 1382 on pp. 312-3

                   4

10 May 1561: Instrument of Sasine on precept furth of Chancery to William Murray of Polmais in name of Agnes Cvnynghame, sister to Janet Cvnighame, one of the five daughters and heir of James Cvnighame of Polmais, of 1/3 of the lands of Bochaldie, 5/6 of the lands of Ardargye, ½ of the lands of Owir Auchinlesky and 5/6 of the lands of Petconnochye. National Records of Scotland, Erskine family of Cardross, Perthshire, reference GD15/751

                   5

15 February 1568: Charter by which William Murray of Touchadame confirms that he has given the lands and barony of Touchadame in liferent to his wife Agnes Cunningham. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, A.D. 1546-1580, charter number 1841 on p. 468

Genealogy

1. Stirnet: Cunningham 06
2. Stirnet: Murray 18