John Stark of Auchinvole

JOHN STARK OF AUCHINVOLE

John Stark of Auchinvole, here treated, is the second son of William Stark of Auchenstarry. The name of his mother has not been identified. NRS: RH6/2698

Evidence from the National Records of Scotland

                     1

21 December 1583: Procuratory of Resignation by Marie, Easter and Jeane Flemyngis, daughters and apparent heirs of umquhile Master Thomas Flemyng of Auchinvoill, with consent of Issobel Gray, their mother, Johnne Flemyng of Boghall and Master Richard Gray, curators to said Easter and Jeane in implement of a contract of marriage betwixt said granters and their mother on one part and William Stark of Auchinstarrie and Johnne Stark, his second lawful son on the other, of date 13th December 1583. Constituting William Levingstoun of the Kirkland of Moniabroch and Alexander Levingstoun of Burnsyid, their procurators to demand sasine of the 33s 4d worth of land of old extent of Auchinvoill with dwelling place etc, lying in the parish of Leinze and sheriffdom of Dumbartane, of said William Stark, superior thereof as heirs portioners of their said father; and thereafter to resign said lands into said superior's hands, for sasine thereof to be given to said John Stark and said Marie Flemyng, his future spouse, and the longer liver of them in conjunct fee and the heirs to be begotten betwixt them, whom failing, said John's heirs whomsoever. At Edinburgh, 21st December 1583. Witnesses Master John Young, son and apparent heir of John Young, tailor burgess of Edinburgh, William Symsoun, burgess of the Cannogait, Adam Couper and Walter Runschyman, notaries public. Signed by Marie FLemyng, Isabeill Gray, and the curators and by Mr John Young and Vylliam Flemyng notar as witnesses; also by Easter and Jean Flemyng with hands at the pen led by Adam Couper and attested by Walter Runsyman. National Records of Scotland, Register House charters, 1st series, reference RH6/2698

                   2

26 March 1584: nstrument of Sasine under the hand of John Stodhyrd of St. Andrews diocese, notary public, 26 Mar 1584, narrating the Sasine given by William Stark, son and heir apparent of William Stark of Auchinstarrie, to John Bard younger in Dullatour, as attorney for Mary, Ester and Jean Flemyng daughters and heirs apparent of umquhile Master Thomas Flemyng of Auchinvoill (appointed by Royal Letters of Attorney dated Edinburgh 3 Feb 1583/1584) of the two and half merklands of Auchinvoill. On the precept of Clare Constat No 2710 'supra', 13 Feb 1583/1584. Witnesses to the Sasine, William Levyngstoun of Kyrkland of Moniabroch, John Flemyng, Thomas Anderson, William Anderson, JAmes Anderson in Auchinvoill, and John Auchinvoill indweller in Auchinstarrie. National Records of Scotland, Register House charters, 1st series, reference RH6/2717

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18 May 1584: Instrument of Resignation under the hand of Ninian Drew of Glasgow diocese, notary public, attested also by John Stodhyrd of St Andrews diocese, joint notary, the resignation made by Alexander Levingstoun of Burnsyid and William Levingstoun in Kirkland of Monyabrok as procurators for Mary, Ester and Jean Flemings, daughters and heirs portioners of umquhile Master Thomas Fleming of Achinvolle, of the lands of Achinvolle extending to 33s 4d of lands of old extent with manor place etc in the barony and parish of Leizie and sheriffdom of Dumbartane into the hands of William Stark of Achinstarie superior thereof, in favour of John Stark and said Mary Fleming, spouses. Done at Monyabrok in the cottage or shop of John Gaist, merchant. Witnesses Master Alexander Levingstoun, parson of Monyabrok, William Sword in Burne, John Fleming in Achinvolle, Alexander Levingstoun, son of William Levingstoun of Kirkland in Monyabrok, John Gaist, merchant. National Records of Scotland, Register House charters, 1st series, reference RH6/2728

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18 May 1584: Charter of Resignation by William Stark of Achinstarrie granting to his second son, John Stark and Mary Fleming, his spouse,and the survivor of them in conjunct fee and the heirs to be begotten betwixt them, whom failing, said John's heirs whomsoever, the 33s 4d lands of Auchinvoyll, in the barony of Lenzie and sheriffdom of Dumbartane. On the resignation of said Mary, Ester and Jean Flemyngs, daughters and heirs portioners of umquhile Master Thomas Flemyng of Auchinvoyl. To be held de me in feu. Rendering therefor yearly 8 merks Scots. With precept of sasine directed to Alexander Levingstoun of Burnsyd. At Moneyabrok, 18th May 1584. Witnesses Master Alexander Levingstoun, parson of Moneyabrok, William Sword in Burne, John Fleming in Achinvoll, Master Ninian Drew and John Stodhyrd, notaries. Signed by the granter and the notaries as witnesses. National Records of Scotland, Register House charters, 1st series, reference RH6/2729

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18 May 1584: Instrument of sasine under the hand of Ninian Drew of Glasgow diocese, notary public, attested also by John Stodhyrd of St Andrews diocese, joint notary, narrating the sasine given by Alexander Levingstoun of Burnsyid, baillie in that part of William Stark of Achinstarie to John Stark, burgess of Edinburgh and to John Fleming in Achinvolle as attorney for Mary Fleming, John Stark's spouse, of the 33s 4d lands of Achinvolle of old extent in the barony and parish of Lenzie and sheriffdom of Dumbartane. On precept contained in the charter RH6/2729. Witnesses to sasine William Sworde in Burne, Alexander Levingstoun, son of William Levingstoun in Kirkland of Moneyabrok, John Gaist, merchant. National Records of Scotland, Register House charters, 1st series, reference RH6/2730

                    6

16 December 1588: Instrument of resignation and renunciation by John Stark, son to William Stark of Auchinstarry, fiar of the following annualrent in favour of John, Earl of Montrose, of an annualrent of £40 out of the lands of Clachare, Slachrystock, the 40 shillingland of Kernoch and the ward and meadowlands lying in the barony of Dundaff and sheriffdom of Stirling. National Records of Scotland, Papers of the Graham Family, Dukes of Montrose, reference GD220/1/A/5/2/7

                  7

28 February 1603: . . . . . necnon J0ANNI STARK filio et heredi apparenti Joannis S. de Auchinvoll, heredibus ejus et assignatis quibuscunque, — terras dominicales de Gartscharie extenden. ad 40 solidatas, cum mansione et manerie loco, terras communiter nuncupatas Carlingcroft (intra bondas specificatas), extenden. ad C sol. 8 den., 20 sol. terrarum in tenandria de Gartscharie vocatas lie Craigis-maling, mercatam de Gartscharie et mercatam in tenandria de G. (intra bondas specificatas), quondam ad quondam Willelmum Salmond in Auchingray pertinentes, 20 solidat. dicte tenaudrie ad quond. Matk Petticruif pertinen. et communiter nuncupat. lie Holinehirst (intra bondas specificatas), 2 mercat. de Gargunzeane, estenden. in iutegro ad 7 libratas terrarum. RMS 1593-1608: charter number 1415

Evidence from the Protocol Books of the Town Clerks of Glasgow

                   1

14 December 1596: Abstracts of Protocols of the Town Clerks of Glasgow. Edited by Robert Renwick, Depute Town Clerk. Vol. XI. George Huchesone's Protocols, 1591-1600. Henry Gibsone's Protocols, 1598-1600 (Carson & Nicol, Glasgow, MDCCCC), protocol number 3363 on pp. 26-7

                   2

31 January 1597-98: Ibidem, protocol number 3387 on p. 35

                  3

1 February 1597-98: Ibidem, protocol number 3388 on p. 36

                  4

30 April 1598: Ibidem, protocol number 3390 on pp. 36-7

                  5

17 November 1598: John Stark of Auchinwoll produced a charter whereby John Blair, senior, of that Ilk, feu-farmer of the lands aftermentioned, and John Blair, junior, his son and apparent heir, granted to him the 33s. 4d. land, old extent, of Rammishorne and Medowflat , with the pertinents, lying in the barony and regality of Glasgu and shire of Lanerk. Charter (written by George Huchesone, notary in Glasgw) subscribed and sealed at Glasgw on 15 November, 1598, in presence of Robert Blair, Commissary of Campsie, Hugh Blair, notary public, John Stark, citizen, and George Huchesone, notary. Sasine given by John Drew, maltman, citizen of Glasgow, as bailie in hac parte. Witnesses: Mr. John Ros, James Flemyng, Andrew Stark, John Stark, merchants, citizens of Glasgow, and Gavin Wilsone, there. Ibidem, protocol number 3399 on pp. 40-1

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10 November 1599: "In presens of me, noter publict, and witnessis underwrittin, personallie comperit Patrik Flemyng, sone to umquhile Williame Flemyng in Rutherie, as principall, and Johne Stark of AuchinwoU, for him self and in name and behalf of Alexander Flemyng of Barouchane, as cautionaris for the said Patrik; quha past to the Blakfreir Kirk of Glasgow, and thair, at the sessioun boorde thairin, nomerit and tauld in cold and silver usuall of this realme, nyne hundreth pundis money, haill and togidder in ane sowme, and fourescoir pundis money be it self; and efter the presenting and nomeratioun thairof, upone the said sessioun boorde, in the said Blakfreir Kirk, the said Patrik Flemyng as principall, and Johne Stark of AuchinwoU as ane of his cautionaris, for himself and in name 'and behalf of the said Alexander Flemyng of Barouchane, the uther cautioner, reallie ofFerit and wes reddy to deliver to the richt honombill Robert Hammiltoun of Sillertounhill and Elyzabeth Baillie, his spous, or ony uther in thair names haveing thair power to ressave the samyn, viz., the said sowme of nyne hundreth pundis to the said Robert and Elyzabeth, spoussis, and the said sowme of fourscoir pundis money to be delyverit to the tennentis of Rutherie and Balgray in Provand for thair lois, domage, and skaith and satisfactioun thairof, conforme to ane appoyntment and aggriement agreit upone betuix the said Robert Hammiltoun of Sillertounhill and the said Patrik Flemyng and his cautionaris anent the rowm and steding of Rutherie, and obleisment be ather pairtie to utheris thairanent, as the samyn at lenth beris. And becaus, efter the reall nomeratioun of the saidis soumes and dew offer maid thairof in maner abone writtin, and that the saidis Robert and Elyzabeth, spoussis, nor na utheris in thair names having thair sufficient power and mandat, comperit for ressett thairof, and to fulfill the heidis of the said appoyntment for thair pairtis to the said Patrik Flemyng and his cautionaris, as wes preceislie appoynted thairin to, this present day and place foirsaid, the saidis Patrik and John Stark, for thame selfes and in name of the uther cautioner foirsaid, having awaytid this present day in the said Blackfreir Kirk, to the effect abonewrittin, thairfoir the saidis Patrik and Johne Stark, ane of his cautionaris for thameselfis, and in name and behalf of the said Alexander Flemyng of Barouchan, the uther cautioner foirsaid, consignit and put the foirsaid sowme of nyne hundreth pundis and fowrscoir pundis money, respective, in the handis of Andro Stark, merchant, burges of Glasgow, as in the handis of ane sufficient responsall landit man, within the citie of Glasgow, to the behoof, utilitie, and proffeitt of the said liobert Hammiltoun of Sillertounhill and Elizabeth Baillie, his spous, and thair saidis tennentis of Rutherie and Balgray, respective, in maner befoir devydet; thay alwyis grantand full perfectioun and outred of the heidis of the appoyntment foirsaid agreit unto betuix the saidis parteis and thair cautionaris for the saidis sowmis in maner specifeit thairinto in all poyntis; lyke as the said Andro Stark graritid the said consigiiatiouu and ressaitt of the foirsaidis soumes in his handis, respective, to the effect abone specifeit. And thairfoir the saidis Patrik and Johne Stark, ane of his cautionaris, for thame selfes and in name and behalf of the said Alexander Flemyng of Barouchane, the uther cautioner, protestit that thay had fullellie fulfil lit and obeyed the foirsaid contract and appoyntment in all heidis for thair pairtis conforme thairtoj and- thairupone askit instrumentis, ane or ma, in my handis, noter publict following. This wes done in the said Blackfreir Kirk of Glasgow, at ane, twa and thrie houris efter none, or thairby, day, moneth and yeir, respective, foirsaidis, befoir Johne Hammiltoun of Bardowie, Mr. Allan Hammiltone, his sone, Williame Flemyng, Johne Stark, merchaudis, burgessis of Glasgow, Walter Forrestar in Neilstoun in Kilsyth and George Andersone in Barhill, witnessis specialie requirit to the premissis." Ibidem, protocol number 3422 on pp. 51-3

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13 November 1600: John Drew in Burnebray of Davidston and Jonet Aikin, his spouse, for implement of part of a contract between them, with consent of William Aitkyn in Gartforvie and John Drew in Auchinloich, at whose instance the said John was interdicted, and John Stark of Auchinwoll, for his interest, on the one part, and John Donaldsone in Schankcrum-mure, on the other part, and for certain sums of money contained in the contract, gave sasine to the said John Donaldsone of the 9 s. 4 d. land of Davidstoun, called Wlter Jockis land, with a proportional part of the mill of Badlay Mylne; and houses, yards, tofts, crofts, and all their parts and pertinents, lying in the parish of Cadder, barony and regality of Glasgow. Witnesses: John Stark of Auchinwoll, John Drew in Eister Mukcroft, Walter Drew in Burnebray, William Drew, his son, Walter Donaldsone, maltman, citizen of Glasgow, and Robert Drew, notary. Thereafter, John Donaldsone gave sasine to Jonet Donaldsone, his spouse, of the liferent of a 4 s. 8 d. land, being the half of the said lands and pertinents, in full satisfaction of her terce or third of the other lands in Davidstoun. Ibidem, protocol number 3435 on p. 63

Evidence from the Laing Charters

17 January 1603: Instrument of Sasine following on a precept in a charter, dated at Edinburgh, 15th January 1603, by Mr. Thomas Hamiltoun of Mounkland, king's advocate, superior of the lands, confirming a charter [cf. No. 1202 supra] by Sir 'William Livingstone of Kilsyth to Alexander Hajiilton of Haggs, of the lands of Blacklands and Crumlat in the barony of Mounkland. Precept directed to John Maxwell, younger, of Southbar, as bailie. Witnesses to precept, Mr. Patrick Walkinschaw, minister at Mounkland, John Stark of Auchinvoill, John Maxwell of Southbar, Mr. James and James Hamilton, the granter's servitors. Sasine given on the lands of Crumlat, at the dwelling-house of John Hamiltoun there, then on the glands of ' Palas ' at the house of John Anderson there, and lastly on the lands of Blacklands at the house of Andrew Woddell there, on 17th January, and recorded in the secretary's register at Hamilton, 20th January 1603. Witnesses, Archibald Hamilton, burgess of Edinburgh, brother of said Alexander, the said John Hamiltoun in Crumlat, William Layng, his servant, and John Anderson in Palas. Notary, John Forsyth, of Glasgow diocese. Laing Charters: 1431

Printed Genealogy

1. Abstracts of Protocols of the Town Clerks of Glasgow. Edited by Robert Renwick, Depute Town Clerk. Vol.XI. George Huchesone's Protocols, 1591-1600. Henry Gibsone's Protocols, 1598-1600 (Carson & Nicol, Glasgow, MDCCCC), 219 pp. including indices
2. Calendar of the Laing Charters A.D. 854-1837 belonging to the University of Edinburgh. Edited by the Rev, John Anderson, Assistant Curator of the Historical Department H.M. General Register House, Edinburgh. (James Thin, Edinburgh, 1899), 1053 pp. including indices

Speculative Genealogy

The Life of General John Stark of New Hampshire. By Howard Parker Moore (New York, 1949), 539 pp. including index