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Cunningham of Caprington: Slaughter of John Todd
Researched by Walter Farwell  farwellwalter@hotmail.com

REGISTER OF THE PRIVY SEAL OF SCOTLAND. Vol. II (1529 - 1542), page 94, No. 750; dated Oct. 8, 1530:--"Ane Lettre  maid to JOHNNE HAMMILTOUN of Comiskeith, his airis and assignais. . . . ., of the gift of all gudis movabill, dettis, takkis, obligationis, soumes of money and uthiris gudis quhatsumevir, quhilkis pertenit to

"1.--Johnne Cunynghame of Caprintoun
2.--Dauid Boswell of Auchinlek
3.--Alexander Cunynghame of Laglane
4.--Adam Stewart of Schawtoun....."

(N.B.: The following I have alphabetized, so they are not in the order of their original appearance.--W.F.):

Richard Alane
Berthilmo Auchinlos
Johne Campbell
Patrik Campbell
William Campbell
Alexander Clerk
Adam Cunynghame
Alexander Cunynghame
Johne Cunynghame
Robert Cunynghame
Stevin Cunynghame
Johnne Gibsoun
William Ingeram
Poill McConnell
George Mure
Johnne Mure, zoungar

"....and now pertenyng to our soverane lord be resone of eschete throu being of the saidis personis fugitive fra the law and at the horne for the slauchtir of umquhill Johnne Tod; and als the gift of the unlawis that the souerteis of the saidis personis war adjugit in for non-entering of thame befor the justice or his deputis in the tolbuth of Edinburg, the __?__ day of __?__ last bipast, to have underlyin the lawis for the said slauchter; with power, etc. Per Signaturam (as in No. 745.)

REGISTRUM SECRETI SIGILLI REGUM SCOTORUM. Vol. III (1542 - 1548), page 400; No. 2499; dated Oct. 14, 1547.--"Ane Lettir maid to JOHNNE CUNYNGHAME of Caprintoun, his airis and assignais, ane or ma,--of the gift of the non-entres, males (etc.) of all and haill the tua mark land and ane half mark land of auld extent callit the Manis of Dunlop and Hoilhous with the pertinentis, liand in the baillierie of Cunynghame within the schirefdome of Air, quhilkis pertenit to umquhile Schir Adam Cunynghame, chapellane, and now pertening, or (etc.), to oure soverane lady be resoun of nonentres of all termes bigane (etc.) sen his deceis, be resoun foirsaid; and siclike sen the deceis of the last lauchfull heretable possessour of the saidis landis, immediat tennent to hir grace or hir predecessouris of the samin, or be quhatsumevir uthir titill or maner of way
pertening, or may pertene, to hir hienes, and siclike of all yeris and termes tocum ay and quhill etc.; .....with the releif thairof !quhen it salhappin; and als of the gift of the saidis landis with the pertinentis pertening, or that richtuislie may pertene, to oure soverane lady or hir predecessouris be resoun of recognitioun, alienatioun of all or the maist part of the samin, eschete, forfaltour be resoun of the said umquhile Schir Adamis passing furth of the realme but licence of hir grace or hir said governour, purprusioun, disclamatioun, last air, or be ony uthir maner of titill or rycht, movit or to be movit that the samin may becum in hir gracis handis be ony of the resonis foirsaid. With power, etc..... Per Signaturam."


(1).--In the letter above dated Oct. 8, 1530, we see that John Cunningham of Caprington escheated, so, can this be the same man 17 years later? ......Perhaps, he had been given a remission which I missed in my research, or , are there TWO John Cunningham's to be reckoned with?

(2).--About their word "umquhile": Obviously, Sir Adam Cunningham did not die, but did leave Scotland--and was considered "as if dead"! They also called him the "deceased"! Is there a word in medieval Scotland which only meant that the person was considered "dead" because he had emigrated, BUT not necesarrily because he was mortally deceased?

(3).--Sir Adam had in all 2 1/2 mark land. This "little acreage" must have been where he had lived in his old age. (I wonder what kind of time-line for him I can come up with?)...."Dunlop" is the name attached to the once-powerful family of Ross which lived in Ayrshire in the 1200 and 1300's, which I am guessing were the ancestors of the Ross's of Ayrshire in the 1500's....When William Cunningham was to marry a daughter of George Ross of Hanyng circa 1527, it was said their impediment from consanquinity came from several families, and were of the third or fourth degrees....WELL, four generations back must have reached back to the beginnings of the 1400's.....I can har

(4).--On the very same day, October 14, 1547, William Cunynghame, the son and heir of Jhone Cunynghame of of Caprintoun, was gifted by his father of the said 2 1/2 mark land in Dunlop.

REGISTRUM SECRETI SIGILLI REGUM SCOTORUM. Volume IV (1548 - 1556) page 445, No. 2599; dated March 24, 1554.--"Ane Lettir maid to WILLIAME CUNYNGHAME, sone and apperand air to Johnne Cunynghame of Capryntoun, his aiaris and assignais, ane or ma,--of the gift of the nonentres (etc.) of all and hale the xx li. land of auld extent of Capryntoun, bayth propirtie and tenandrie, with the tour, fortalice, yairdis, mylnis, multuris, woddis, fischingis, coillis and all thair pertinentis, liand in the bailliery of Kyle-Stewart and shirefdome of Air; and of the saxt mark land of auld extent of Brokhald and the xl s. land of auld extent of Badlane and Brodokley with thair pertinentis, liand in the baillerie of Cunynghame and
shirrefdome of Air, etc., of all yeiris and termes bigane (etc.) be resoun of nonentres throw reductioun of retouris, infeftmentis, or seisingis, or be quhatsumevir uthir maner of way sen the deceis of umquhile Adame Cunynghame, great grandfather ("foirgrandschir") !to the said Johnne Cunynghame now of Capryntoun or ony utheris (etc.); and siclike of all yerris and termes to cum ay and quhill (etc.); with the releif thairof quhen it salhappin, etc. Per Signaturam."

N.B.: So, there were two generations between John Cunningham of Caprington and Sir Adam Cunningham....Does anyone know the father and the grandfather who are now missing?--W.F.





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