John McCubine, Brother of Fergus (1) (and their sisters)

ii) John MCCUBINE was born between 1610 and 1612; Birthdate not known definitely. Birth calculated on the death of his father. He married Ann (WIFE 1) MOWAT. He married Jonnet (WIFE 2) FERGUSON. He was the brother german [full brother] of Fergus McCubbin of Knockdollian as noted on testament of Edinburgh Commissary Court (CC8/8/81).

RS12/7 f.619 recorded 15 June 1644. John & Fergus McCubbin of Tradonock
John McCubbin, brother german to Fergus McCubbin of Tradonok, presented a charter, containing a precept of sasine which had been granted to him by Sir John Ferguson of Kilkerran of the twenty shilling lands of Auchinwin and Furdhous, the ten shilling lands of Achatalie, the twenty shilling lands of Attiheir called McCuminstoun, the ten shilling lands of (blank) called McRoriestoun, the twenty shilling lands of Tornbrok, the two merk lands of Glencop, the ten shilling lands of Daltunemie with half the merk lands of Dalturo called Milnburn together with the mill built thereon and the Mill called Bairdsmylne, all lying in the Bailliary of Carrick. The precept was made at Maybole on the 1 June 1644, and witnessed by Fergus McCubbin of Tradonok, Mr Hugh Eccles, minister and John Hall.
Witnesses to the giving of sasine were George Tennant in Kirkland of Maybole, James McTaggart there, George Speir in Quisour, Patrick Loch in (blank) and (blank) in Mill of Dalturo in 1644.
Particular Register of Sasines for Ayrshire

1652
RS12/8 f. 396 24 June 1652 (in Old Scots)
John McCubben, brother to Fergus
John McCubben, brother to Fergus McCubben in Ballamore and Anna Mowat his spouse had been granted a charter of Alienation by John, Earl of Cassillis of an annualrent of £240 Scots to be uplifted out of the lands of Largs, lying in the parish of Maybole
Precept, written at Stranraer, was witnessed by Thomas Hay of Park, Hew Kennedy of Ariemen? and Fergus McCubben of Balhomie
Sasine witnesses were William Ramsay, son of Thomas Ramsay (the notary), David Weir and Duncan McMichell, his servitors and William Bone of Halfmerkland of the head of Largs

1652
Deed RD2/3 p. 927 – recorded 30 June 1662, but made at Straiton on the 12 July 1652.
John McCubbin, brother to Fergus
This is a Disposition and records that on the 7 June 1625, Sir John Ferguson of Kilkerrane borrowed 6,000 merks Scots from John Whytfuird of Balloche and as security granted him the wadset of some of his lands in Carrick. Then on the 4 January 1639, John Whytfuird sold the wadset on to John McCubbin, brother german of Fergus McCubbin in Balhomie. John McCubbin took title on the last day of May 1642 and then on the 1 June 1644, he sold it on to Simon Ferguson, brother of Alexander Ferguson of Kilkerrane. The whole history was recorded in this Disposition on the 12 July 1652 and witnessed by John Whytfuird of Balloche and Hugh Eccles, minister of Straiton

1655
Particular Register of Sasines for Ayrshire
RS13/2 f. 206 – 22 July 1655 (in Old Scots), Feu Charter – Sasine
John & Fergus McCubben
John McCubben, brother to Fergus McCubben of Knockdollian, as attorney for Margaret Kennedy, spouse to the said Fergus, presented a feu charter which had granted by Fergus to his wife of a liferent out of the forty shilling lands of Hillend; the twenty six shilling and eight pence lands of Mather; the forty shilling lands of Finart, the three pound lands of Bougany, the merkland of Park and Meadow; the thirty three four pound (pence? error by clerk?) land of Mosgavill and merkland of Borland with the corn mill of Knockdollian together with the tower, fortalice, manor place etc lying in the parish of Colmonell and Earldom of Carrick.
The precept was written at Knockdollian on the 19 July 1655 and witnessed by David Kennedy sometime of Bellimore now indweller in Ireland, John McCubben, brother to Fergus and John Shaw, notary
Sasine was witnessed by David Kennedy indweller in Ireland, John Baird, miller at the corn mill, John McClymont, his servant and Andrew Cruickshank in Borland on 22 Jul 1655 in Knockdolian.

1674
GD109/520 Papers of the family of Dalrymple-Hamilton of Bargany Source: Hamilton, Douglas, Houstoun, Chalmers & McCubin, 1600s, Genealogy.com
17 Sep 1674
Heritable bond by John (Hamilton), lord Bargany, to infeft John McCubbine, brother of Fergus McCubbine of Knockdolliane for 6,000 merks scots, in annual rent of £240 scots from £3 land of Schalloch (Parish of Girvan, Ayrshire), or any other lands in bailiery of Carrick, or sheriffdom of Wigtoune.
John died in 1680 in Antrim, Ireland.
Edinburgh Commissary Court Register of Testaments (CC8/8/81), confirmed 24 June 1701

John McCubbin of Belhomie (Belhamie)

He died in the county of Antrim in Ireland in 1680. Fergus McCubbin of Knokdolliane was confirmed as his executor by this court, as John McCubbin had nominated him as such in his testament and letter will dated 2 August 1690 and which Fergus had handed in to the Commissary Court of Glasgow, together with the Inventory to be confirmed by them, as John had lived within the bounds of that Commissariot before going to Ireland. Both were confirmed on the 29 December 1696, but since then Fergus had learnt that he should have had them confirmed in the Commissary Court of Edinburgh, which was the court in which testaments of people dying outwith Scotland had to be confirmed. However, the Commissary Clerk of Glasgow had refused to hand over Johns testament and letter will to him.

Inventory
It consisted of two bonds
(i) by the Earl of Cassells dated 7 August 1677 for £800 principal and £200 penalty in which Fergus was recorded as brother german to the said John, This bond had been recorded in the Registers of Ayr Sheriff Court on the 2 January 1699
(ii) by James Ferguisone of Millandardale dated 8 August 1681 for £200 principal and 100 merks of penalty
Total – £1,040
David McCubbin younger of Knokdolliane stood as cautioner.

GD180/223 29 Dec 1696
Extract confirmed testament of John McCubbine of Bellhamie, (note, “also in Co. Antrim in Ireland” was in the extract). (Commissariot of Glasgow).

Source: quoted in Adair & McClelland, Genealogy.com
RefNo GD180/216 Scottish Archives National Archives of Scotland now the National Records of Scotland Scottish Archives, 5 Nov 1690
Letters of admin. by Thomas, Bishop of Down and Connor, of the estate of John McCUBBIN of Dunamuy in parish of Rashee, county of Antrim, (Northern Ireland) to Thomas FUTT, his son-in-law and Benjamin ADAIRE, his grandson Date 5 Nov 1690

1692
GD180/218/1
Fergus & John McCubine
Agreement between Knockdoliane and Knockdone and Mr Mathew Baird.
This a Discharge made at Maybole, 5 May 1692 in which the details of an Agreement between Fergus McCubine of Knockdolian, as executor of the deceased John McCubine of Belhamie and as tutor to Ann and Katherine McCubines, daughters of John McCubine by his second wife and Walter Kennedy of Knockdone and Mr Mathew Baird, minister at Monkton, who were the respective spouses of Agnes and Janet McCubines, daughters of Johns first marriage. They agreed to accept £1,000 Scots the following Whitsunday and £150 at Whitsunday and Martinmas, after the decease of Jonnet Fergusone, widow of John McCubine who had the liferent of Belhamie. Mr Mathew Baird was obliged to obtain the consent of William Chalmers, son of the deceased William Chalmers, only child of Agnes, by her first marriage to William Chalmers. Mr Mathew Baird and Walter Kennedy promised to deliver up their contracts of marriage to Fergus.
Witnessed by John Hutcheon, minister of Maybole, Robert Hamilton there and William Baird of Sallochen

(a) Agnes MCCUBINE married Matthew BAIRD; 1692
GD180/218/1
Agreement between Knockdoliane and Knockdone and Mr Mathew Baird
This a Discharge made at Maybole, 5 May 1692 in which the details of an Agreement between Fergus McCubine of Knockdolian, as executor of the deceased John McCubine of Belhamie and as tutor to Ann and Katherine McCubines, daughters of John McCubine by his second wife and Walter Kennedy of Knockdone and Mr Mathew Baird, minister at Monkton, who were the respective spouses of Agnes and Janet McCubines, daughters of Johns first marriage. The agreed to accept £1,000 Scots the following Whitsunday and £150 at Whitsunday and Martinmas, after the decease of Jonnet Fergusone, widow of John McCubine who had the liferent of Belhamie. Mr Mathew Baird was obliged to obtain the consent of William Chalmers, son of the deceased William Chalmers, only child of Agnes, by her first marriage to William Chalmers. Mr Mathew Baird and Walter Kennedy promised to deliver up their contracts of marriage to Fergus.
Witnessed by John Hutcheon, minister of Maybole, Robert Hamilton there and William Baird of Sallochen.

GD180/207
Agnes married William CHALMERS on 21 Jul 1666; Contract of marriage between William Chalmer, merchant burgess of Ayr, and Agnes McCubbein,(McCubbin / McKibbin) dau of John McCubbein of Balhamie, (Ayr) with consent of her father (who was also of Parish of Rashee, co. Antrim, N. Ireland).
i) William CHALMERS son of the deceased William Chalmers, only child of Agnes, by her first marriage to William Chalmers.
(b) GD180/210
Janet ‘Jonet’ MCCUBINE married Walter KENNEDY on 19 Aug 1671; Contract of marriage between Walter Kennedy, son of James Kennedy of Knockdone, with consent of his father, and Janet McCubbein, daughter of John McCubbein of Balhamie, with consent of her father and of Fergus McCubbein of Knockdollian, her uncle; James Kennedy to infeft Walter in the lands of Meikill and Litill Knockdone in the parish of Mayboill and bailiary of Carrick, and to infeft Janet in liferent in the lands of Ovirkylestoun in the said parish and Dowlarge in the parish of Barr and said bailiary.

She was gifted land by her father

GD180/45
19 Aug 1671
Instrument of sasine in favour of Janet McCubbein, daughter of John McCubbein of Balhamie and future spouse of Walter Kennedy, son of James Kennedy of Knokdone, of the liferent of the 2 1/2 mark land of Ovirkylstone in the parish of Mayboill and 2 mark land of Dowlarge in the parish of Barr, all in the bailiary of Carrick, following on their contract of marriage.

1704
GD180/225 Agreement between Knockdolian and Knockdone
Made at Kirkmichael on the 27 April 1704 in which it is recorded that Walter Kennedy and his spouse Jonet McCubbin agreed to grant a Discharge and Renunciation to Fergus of all debts, sums of money etc which belonged to them through the decease of Ann and Catherine McCubbins, daughters of the deceased John McCubbin of Balhamie and through the decease of Jonet Ferguson, his second wife. Fergus had agreed to pay them 6,000 merks.
Witnessed by John Montgomerie of Brigend and David Kennedy of Kirkmichael on 11 Sep 1671.

(c) Katherine MCCUBINE died on 4 Jun 1698 in Colmonell;

Glasgow Commissary Court Register of Testaments CC9/7/49
Katherine McCubine lawful daughter to John McCubine in Dinniemuy in the Kingdom of Ireland, recorded 4 June 1698
She died testate. Her testament was partly given up by herself in her testament and partly given up by her executor, David McCubine younger of Knockdoliane.
Inventory
She was owed £3666/13/4d in a Bond which had been granted by Fergus McCubine in Knockdoliane
There was no division
Testament
She committed her soul to go, hoping to be saved through the merits of Jesus Christ. She wished her body to be buried according to her quality. She nominated David McCubine of Knockdoliane as her heir, universal legator and intromitter with her heritable and movable goods and gear
Legacies
She left £100 yearly for life to her sister, Anna McCubine, wife of Charles Lougane, on condition that they did not uplift the interest on it from her estate or quarrel with the arrangement, but made a discharge to the executor. If they did not, then they would lose all claim to the money
She left £40 yearly to (blank) McCubine wife of Mathew Baird, minister at Monkton under the same conditions as above
Written by John Martein, writer in Edinburgh at Knockdoliane on the 1 May 1698 before witnesses, William Kennedy of Finnarts, Thomas McMeiben, schoolmaster in Colmonell and Hew Ross, writer in Edinburgh
This is followed by a Protestation in which David McCubine asked permission to add to the Inventory, should further goods, gear etc emerged afterwards. The judge agreed

1698
CC9 Decreet of the Commissary Clerk of Glasgow
David McCubbin younger of Knockdolian was the executor of the deceased Catherine McCubbin, daughter of the deceased John McCubbin in (blank) in Ireland. Her testament was confirmed on the 4 June 1698. Fergus McCubbin is due her £3,660/13/4d contained in a Bond which he had granted to her. A precept was to be directed to him to that effect. Dated at Ayr, 23 June 1698.
(d) Anna MCCUBINE married Charles LOUGANE in 1694;

GD180/221/1
Contract of Marriage between Charles Logan and Anna McCubbine, 1694
This was a draft copy and incomplete. There are no signatures to it.
Anna’s marriage was also confirmed via her sister Katherine’s will recorded 1698:
Legacies
She left £100 yearly for life to her sister, Anna McCubine, wife of Charles Lougane, on condition that they did not uplift the interest on it from her estate or quarrel with the arrangement, but made a discharge to the executor. If they did not, then they would lose all claim to the money.
GD180/221/2 – Contract of Marriage between Charles Logan and Anna McCubbine, 1694
Again this is a draft copy. In it, Anna is described as the daughter of the deceased John McCubbine of Balhamie. She was represented by Fergus McCubbine and was giving 4,000 merks Scots as her dowry. Charles Logan was a merchant in Ayr and he promised 6,000 merks.

1696
GD180/223 Testament of John McCubbine confirmed at Glasgow December 1696
This is the will that Fergus McCubbin referred to when he had the testament dative of John McCubbin of Bellhomie, now in the county of Antrim, Ireland, confirmed in Edinburgh Commissary Court and which the Commissary Clerk of Glasgow refused to give up. It was made on the 2 August 1690 at Dounemoy in Ireland.
John McCubbine left his eldest daughter, Anna, by his present wife, his lands of Ballehomie in the parish of Colmonell. He also left her 6,000 merks to be paid to her out of debts he was owed in Scotland.
He also left 6,000 merks to his youngest daughter, Kathrine.
If Anna died without leaving issue, then Ballehomie was to go to David McCubbne, second son of Fergus McCubbine and the 6,000 merks to her sister Kathrine.
If both Anna and Catherine died without heirs, then the money was to go to John McCubbines nearest heir.
He appointed Fergus McCubbine of Knockdolian as his executor and factor and named Mr Mathew Baird, minister of Monkton, James Fergusone of Craig and Gilbert Kennedy of Clakantone, as overseers. Anna was to get the consent of Fergus McCubbine and Mr Mathew Baird, before she married.

GD180/378 Memorandum Knockdolian to Anna McCubbin, 1696
Her father had had three daughters by his first marriage and two, Anna and Catherine by his second marriage. The daughters of the first marriage had been given 3,000 merks as dowries. In his testament, her father had provided Ballhomie plus 6,000 merks for her and 6,000 merks to her sister, Catherine. Fergus McCubbin of Knockdolian was their tutor. When John McCubbin of Ballhomie died, the daughters of his first marriage pursued Fergus for an equal share of their fathers means and estate. Fergus then gave each of them £1,000 Scots and required discharges from them in terms of their marriage contacts. It turned out that only two of the daughters had marriage contracts. Fergus had actually been infeft in Balhamie and all that there exists is a Disposition by him of the property to John McCubbin. It is also pretended that there were goods belonging to the deceased John McCubbin in excess of the 1,200 merks mentioned in his testament, but Fergus should only be accountable for that sum. Anna McCubbin, before her marriage to Charles Logan, gave up her right to Ballhomie to Fergus. His obligation to pay her 4,000 merks in terms of her marriage contract is then referred to:

GD180/224
1698 & refer to 1674
Testament of Anna McCubbine spouse to Charles Lougane (Logan)
He was a merchant in Ayr and she made him her only executor. He was to inherit the 6,000 merks she had been left by her father
Made at Ayr, 9 June 1698

GD109/520:
Heritable bond by John, lord Bargany, to infeft John McCubbine, brother of Fergus McCubbine of Knockdolliane, for 6,000 merks scots, in annualrent of £240 scots from £3 land of Schalloch, or any other lands in bailiery of Carrick, or sheriffdom of Wigtoune. 17 Sep 1674.

1701
GD180/382 Note of Process Logan versus Knockdolian
He was John Logan in Castell Manes, executor dative to the deceased Anna McCubbin, daughter of the second marriage of John McCubbin of Balhomie and spouse to Charles Logan, merchant in Ayr
John McCubbin of Balhomies testament was made at Dinimuck in Ireland on the 2 August 1690. He left Anna and Katherine 6,000 merks each. If Katherine died without issue, then her share was to go to Anna. Fergus McCubbin was named as executor. Anna McCubbin by her testament, 29 April 1698, nominated the deceased Charles Logan as her heir and legator. Katherine died without issue and so Anna had been her heir. Anna had then assigned her sisters share to her husband, Charles Logan, who, in turn, had assigned it to James Logan on the 27 May 1699. She died after 1698.

Sisters of Fergus (1) and John McCubene (and daughters of John McCubene & Jonet Kennedy)

iii) Margaret MCCUBENE was born circa 1615; listed as underage on her father’s will and legacy in 1620. Birth calculated from her siblings ages and her marriage date.

She married Gilbert KENNEDY circa 1635; General Register of Sasines
RS1/41 f.729 16 March 1635 (summarised from Latin)
Margaret McCubein, eldest daughter of the deceased John McCubein of Tradonock and future spouse of Gilbert Kennedy of Gillespick was given the liferent of the lands of Gillespick and Craignagart in the parish of Glenluce and Sheriffdom of Wigton.
The precept was written at Edinburgh on the 27 January 1635 and witnesses by John McIlvane of Grummet, John Whytfurde in Mayboll, David Kennedy of Ballemoir and Hugh Kennedy of Ardemain.
Sasine witnesses were John and Gilbert Stewarts in Gillespick, John Plain there and John Kennedy servitor to Hugh Kennedy of Ardemain.

iv) Ann/Agnes MCCUBENE was born before 1620; Source: Father’s death.
She married Anthony SHAW between 1652 and 1658; Source: Bio of Anthony Shaw, husband.
Entries in Index to the the Particular Register for Ayrshire 1635-1660
Sasine: Ann McCubbin, spouse of Antonie Schaw, minister of Colmonell – 29 June 1658 (not transcribed)

Biography of Anthony Shaw, Minister. Husband to Agnes, sister of Fergus M’Cubbin of Knockdolian

Fasti eclesiae scoticanae; the succession of ministers of the Church of Scotland from the reformation ed Huw Scott

ANTHONY SHAW, M.A. (Edinburgh, 17th April 1639); licen. by Presb. of Stranraer 12th March 1645 ; ord. min. of a Presbyterian congregation at Belfast Sept. 1646; adm. to Colmonell Jan. 1650, but deprived by Act of Parliament llth June and Decreet of Privy Council 1st Oct. 1662 ; granted indulgence at Paisley 3rd Sept. 1672 ; trans, here about 1674 ; summoned before Court of Justiciary 2nd Aug. 1683, and imprisoned, but liberated after a week s confinement. He dem., and had his indulgence declared void by the Privy Council 10th Jan. 1684, but was again imprisoned for refusing to find caution to desist from preaching in future. Being old and infirm he was released on 22nd Jan., caution having been found. He died before 20th Sept. 1687, aged about 68. He marr. (1) Agnes, sister of Fergus M Cubbin of Knockdolian, and had issue- Fergus, served heir to his father 20th Sept. 1687; Margaret (marr. Yuil) : (2) Janet Taylor or Tillour (buried at Glasgow 13th Jan. 1699), a lady “eminent for piety, skill in physic, and long experience, who died aged over 70.” [Wodrow s Hist., iii. 470, iv. 37; Inq. Ret. Gen., 6870; Reg. Mag. Sig., 5th March 1662 ; Ayr Sas., ix. t 346 ; Glasg. Tests. ; Reid s Ireland, ii., 124 j P. C. Reg., 3rd ser., viii., 346.]

“A Cloud of witnesses for the royal prerogatives of Jesus Christ” _By John Henderson Thomson.” (on-line source)

Anthony Shaw, referred to by John Nisbet in his Testimony, was minister of Belfast in 1646. He came to Colmonell in 1650, and along with so many other ministers was deprived of his charge in 1662. In 1683 he was in prison, but how long he had been, is not recorded. He was liberated, August 9, on finding caution to appear when called. He seems to have been the indulged minister at Newmilns, where it is likely John Nisbet met him. He was soon again in trouble. While assisting at a communion with the indulged minister of his old parish of Colmonell he was led, owing to the great crowd in attendance, to preach in the open air instead of the inside of the church. For this so-called grave offence, he was summoned before the Council, January 10, 1684, and ordained to find caution not to preach, or remove from the kingdom. He refused to find caution, and was ordered again to prison. On January 22, the Council liberated him, “being old and infirm,” on the condition that he keep no conventicle, under the penalty of 5000 merks. She died before 1687; Source: Husband Anthony’s bio.

(a) Fergus SHAW was born between 1652 and 1660; Source: father’s Bio.,(see under Ann/Agnes marriage). This is an estimate based on the year his father, Anthony arrived in Colmonell (near Knockdolian) and the approximate date of his parent’s marriage.

(b) Margaret SHAW was born between 1654 and 1660; Source: Father Anthony’s Bio.

~ END ~

Above; Ruins of Knockdolian Castle Photo complments of Scotland’s Places

Next #100B John MakCumbyne of Cumnock, Ayr and his descendants