CLAN CARRUTHERS – THE TRUTH IS ALWAYS OUT THERE

Clan Carruthers Int Society CCIS

response to:

 

The Truth is Always Out There

 

Although we believe the information we have is factual, in an attempt to be fair and cover all bases and consider the ongoing claims regarding the College of Arms, and the communication and relationship that we the Clan Carruthers Int Society CCIS, have chosen to ask for further communication from the source.  For that reason we have written directly to the College of Arms in London, asking their advice.

 

Their response was:

The College of Arms would never grant a Clan Badge to anyone residing in the United States or Canada.   The College of Arms is a judiciary court system in London.   We do not have any powers in the United States and Canada, only with residents of the United Kingdom.

If the Lord Lyons wishes to hand out a clan badge or Coat of Arms from his office, it would be honorary, for they would not be registered within the offices of the United Kingdom.

The Forensic Biohistory program is still operational, and we enjoyed working with you and AXXXX SXXXX.

 

The Research Facts Further Conclude that:

 

The first Carruthers ( not spelled this way) to appear on the Peerage List was Simon Carruthers 4th Laird of Mouswald.   There have been more than 200 since, and Clan Carruthers Int Society CCIS will be proud to post them.

There is the British Armorials and later came Burkes General Armorial in 1880, both dealing with nobility on a genealogical bases only.

British Nobility, Barons, Gentrys of the United Kingdom is the list compiled only since 2013, based solely on DNA results.  We, Clan Carruthers Int Society CCIS were very fortunate to acquire this list in 2015. Only Carrothers and Carothers have tested correctly and are on this list.  One could summize that King James VI might have known they were related to royalty, and was one reason he tried to kill them all.

Clan Carruthers Society of Scotland , run by George Carruthers should be embarrassed for not knowing the difference between genealogical research and DNA findings.  They claim that the British Nobility , Barons and Gentry list is from Burkes peerage.  Cant be farther from the truth, and impossible.

There are few Carruthers who reside in Scotland who have a Coat of Arms, but there are many outside of Scotland who do have a Coat of Arms, because of the laws of Scotland regarding Scotland citizens and  the laws of other countries and their citizens are different.   Just like the laws and requirements for getting a drivers license are different wherever you live.

Clan Carruthers Society of Scotland (CCSI) should not constantly try to enforce the laws they must follow with the rest of the world, who have a totally different set of rules to follow.   That is like the people of Quebec Canada trying to enforce their laws on the people of Anchorage Alaska.

Shame on you Clan Carruthers Society of Scotland CCIS, in believe that people are that blind to the many un-truths that you state.

If you  have a problem with one person, take it up with  that one person, and stop looking ridiculous.

 

Original posting of Clan Carruthers Society of Scotland.

 

 

 

Added Responses

More history and facts to support that Clan Carruthers of Scotland CCSI, run by George de Pompus, are filtered and twisted.

 

Yes the truth is indeed always out there if one desires to seek it. Clan Carruthers Society of Scotland run by George de Pompus Carruthers and Dana Norton ,  should try to move into the next century.  All their works starts in the 1800’s.

This article bears further research in order to avoid the pitfalls of simply accepting the information as “facts”.
• The author of this article is absolutely correct in stating that our LLC clan badge would not be granted by the college of arm in Scotland because as a Canadina or US based LLC, the College of arms has no jurisdiction pertaining to granting or denying a clan badge in the US or Canada, so naturally awareness of our Clan Carruthers LLC in the US is a deliberately misleading point, thinking that most people are unintelligent.  So of course this office can not legally recognize a clan outside of the United Kingdom.  No more than the Prime Minister of Canada, can tell the citizens of England what to do and not do.
• As to the question of the Lord Lyon granting Arms to persons in Canada and the US, again the US is not under his jurisdiction.
• In regards to the statement that the Lord Lyon is a separate Heraldic Authority, you would be lead to believe that his rulings cannot be questioned. In actuality the Lord Lyons court is subject to higher entities, being an inferior court:
See:

 Royal College of Surgeons of Edinburgh v. the Royal College Physicians of Edinburgh
(1911 S.C. 1054)

Background

In 1901, Lord Balfour of Burleigh, secretary for Scotland, decided that on the occasion
of the presentation of address to Edward VII, precedence would be given
to the Royal College of Physicians of Edinburgh over the Royal
College of Surgeons of Edinburgh, and that this decision would be acted on till
disturbed by a higher authority.
In Feburary 1911 the RCP presented through the Secretary a petition to the King asking
for precedence over the RCS. Almost simultaneously, the RCS presented a
petition in the Court of Lyon King of Arms asking him to “find, “he has jurisdiction so
far as concerns a claim to a right of precedence” (and appending a note
reproduced in full in the source). The RCP appealed, and the case was
heard before the First Division of the Court of Session on May 18.
The source summarizes the arguments for the appellants (RCP): that in questions of
precedence there was no matter of legal right involved which could be
submitted for the determination of a Court of law; and in any event the Lyon King has
no jurisdiction to determine such a question. The respondents (RCS) replied
that questions of precedence were questions of legal right; and that
Lyon had jurisdiction to deal with them.
Advising took place on June 20, 1911, I quote in full the statements by the Lords.
See https://www.heraldica.org/topics/britain/lyondocs.htm for the full text and final decision
[1059]
[…] At advising on 20th June 1911,—
Lord President.—This case originated by a petition presented in the Court of the Lord Lyon King of Arms by the Royal College of Surgeons, in which they ask for a decree
from the Lord Lyon decerning and declaring that the petitioners are entitled in all time
coming, on all public or ceremonial occasions, to precedency over the Royal College of
Physicians.
The case was before your Lordships before, and parties were allowed to amend the pleadings that they had made; and, accordingly, in the amended pleadings and the answers for the Royal College of Physicians, they plead that the Lord Lyon King of Arms has no jurisdiction to deal with the question raised in the petition. The Lyon King of Arms has pronounced an interlocutor that he has jurisdiction, and continuing the case for further procedure, and it is against that interlocutor that this appeal is before your Lordships.
•

On Nobility
• the group of people belonging to the noble class in a country, especially those with a hereditary or honorary title.

Royalty refers to the people who are members of the royal family. This includes the
king, the queen, the princes, and the princesses. Nobility, on the other hand, is also of
high breeding. … Nobles can loosely be defined as those who belong to the aristocratic
class in the society.

Baron. title of nobility, ranking below a viscount (or below a count in countries without
viscounts). In the feudal system of Europe, a baron was a “man” who pledged his
loyalty and service to his superior in return for land that he could pass to his
heirs.
Baron and Baroness
Baron is the 5th rank in the Peerage, following Duke, Marquess, Earl and Viscount.
Despite being the lowest rank, it is perhaps the oldest title. The rank was
introduced by William I to recognize those who had pledged their loyalty to
him under the feudal system. With this came the obligation to provide troops
and support for the army,and the right (and often obligation) to attend the King’s
Council They were charged with advising and supporting the King, and in
return received protection from outside forces. In the mid-1200s, Barons started
to be created by writ – personally summoned by the King based on their
accomplishments or character, and not merely because of their ownership of
land. By 1388, this was done via Letters Patent, and the once feudal claims to the title
had fully shifted from territorial to personal. Additional degrees of peerage
were soon added and they all become collectively known as the Peerage. The female
version of the title is Baroness.

Thomas, son of John Carruthers, received a grant of Mouswald from Robert Bruce.
(1320). Their estate stretched northward into the district of Wamphray, which they
shared with the Laird of Johnstone, and they were made Barons of Mouswald in
the 15th century. His grandson, brother of the 2nd Baron, 7th of Mouswald who was
Warden of the West March (1472) and died at the Battle of Kirtle (1484).
Sir Simon, 8th of Mouswald, 3rd Baron, was murdered in 1504, which passed the
Barony to his son, again a Simon, 9th of Mouswald. The Mouswald line survived
through to Simon 10th of Mouswald and 5th Baron but ended when he died on a border
raid in 1548.
The following is an excerpt from Burkes Peerage : (see last paragraph, right hand column)

• On the subject of Spelling of Carruthers/Carrothers pertaining to listings in family British Armorials, again further research yields more accurate information
See https://www.carothers-carruthers.com/nameorigin.htm
“”At the time that surnames came into gradual use in Scotland, i.e. during the 12th and
13th Centuries, the family living at Carruthers undoubtedly adopted it as its surname and accordingly the race to which the “first Carruthers” belonged, cannot be ascertained. It is interesting to notice that at a comparatively early date, the name is to be found in
England in the counties of Cumberland, Durham and Yorkshire. While in Scotland the
most common and usual spelling was Carruthers (with slight variations), in England it
became disguised as Carrothers, Carrodus and Cruddas (in Yorkshire), Croudace (in
Durham), &c., as in America where the spelling changed to Carothers, Caruthers,
Carrothers, Cruthers, etc. There were many other earlier and more confusing variations in the spelling. “

The Sketchy Dormont Line

• The Still Sketchy Dormont Line and the claim of Carruthers Arms being registered with
the Lord Lyon:
Surprisingly, it seems that some found it necessary to name enact a name change in order to apply for arms from the Lord Lyon in Scotland.  People who do not have a paternal line to  meet the requirements, paid to have the name Carruthers added to their Mitchell name.
See: HTTP://clancarrutherssociety.org/2019/10/05/clan-carruthers-mitchell-carruthers-holmains/
“We have the cadet line of Dormont, who matriculated off the Holmains line in 1913, and again, through the current recipient in 1993. In both cases they were granted with chevronelles and a border to indicate a cadet or junior branch of Holmains. During the initial stages of our research for a Chief, we assumed this line of the family was the senior, however this was to be proved incorrect as our findings were to show”.
• The apparent questionable rationale:.
▪ Therefore, moving on from Dormont, our research led us back to the House of Holmains and to the Sketchy and illegal Mitchell-Carruthers who are directly from that line. What is interesting about the Mitchell-Carruthers, is that when registering their arms they did not take the full arms of Holmains, which could have been thought was their right, but chose to incorporate them Holmains, albeit in the
senior position, on their quartered arms. Those arms show Holmains without difference in the first and fourth quarter. This indicates two things; Carruthers shows seniority over the Mitchells in their arms e.g. the dominant family, and also that they are of direct lineage from the Chiefly line of Holmains and not a cadet line e.g. ‘of’ the House of Holmains.”

• “Major Carruthers Wade died without issue in 1873 and the line of succession passed to his cousin, the Reverend

William Mitchell. He to changed his name by adding Carruthers to become the Reverend William Mitchell- Carruthers. Subsequently he too matriculated but with the Carruthers coat in the first and fourth and a newly devised Mitchell quartering in second and third. Reverend Mitchell-Carruthers also missed the mark as far as the chiefship would be regarded today”.

In summary, the questioned post by Clan Carruthers Society of Scotland CCSI, ( THE TRUTH IS ALWAYS OUT THERE) is ridiculously inaccurate and designed to mislead those who are interested in researching this ancient and honorable family. We would truly be remiss in not presenting the truth in an accurate and informative manner.

 

Preserving Our Past, Recording Our Present, Informing Our Future

Ancient and Honorable Carruthers Clan Society Int. CCIS

carruthersclan1@gmail.com    carrothersclan@gmail.com

 

You can find us on facebook at

https://www.facebook.com/carrutherscarrothers.pat.9

https://www.facebook.com/CarruthersClan/

https://www.facebook.com/CarruthersClanLLC

 

Ancient and Honorable Carruthers Clan International Society CCIS LLC is the official and registe

Jonah James “Jones” Caruthers 1861-1915

 

Jonah Caruthers

Name: Jonah J. Caruthers
Death Date: 21 Jun 1915
Death Place: Cookeville, Putnam, Tennessee
Gender: Male
Marital Status: Married
Race or Color: White
Age: 54
Estimated Birth Year: 1861
Birth Place: Tennessee
Father: John Caruthers
Father’s Birth Place: Tennessee
Mother: Cassie Moore
Mother’s Birth Place: Tennessee
Occupation: Farmer
Burial Place: Salem
Burial Date: 22 Jun 1915
Collection: Tennessee, Death Records, 1914-1955

 

 

 

 

Salem Cemetary,Cookeville, Tennessee

 

 

OBITUARY NOTICE FOR:Caruthers, Jonas: Jonas Caruthers died at his home just east of town, on Monday, after a lingering illness. He was buried at Salem Tuesday, Rev. J. F. Tinnon conducting the funeral. Mr. Caruthers was born in and lived his whole life in Cookeville. He was an industrious man, a quiet fellow who attended strictly to his own business and withal a good citizen. [Date: 6/24/1915, Vol. XIII, No. 25, Page 3] THE PUTNAM COUNTY HERALD.

---

Family Members

Descendants List

 

Parents

• 

  John Henry Caruthers

  1836–1922

• 

  Cassie Moore Caruthers

  1842–1909

Siblings

• James Caruthers

  1865–1917

• 

  Mary Addival Caruthers Jernigan

  1869–1918

• 

  Julia Ann Caruthers Allison

  1871–1947

• Maggie Caruthers Buck

  1871–1909

Alexander Mitchell Caruthers

1878–1952

• Also Cora Caruthers

1880-1904

●  Stephen Burton Caruthers

1872

● John Martin Caruthers

1877-1963

 

Preserving Our Past, Recording Our Present, Informing Our Future

Ancient and Honorable Carruthers Clan Society Int. CCIS

carruthersclan1@gmail.com    carrothersclan@gmail.com

 

You can find us on facebook at

https://www.facebook.com/carrutherscarrothers.pat.9

https://www.facebook.com/CarruthersClan/

https://www.facebook.com/CarruthersClanLLC

 

Ancient and Honorable Carruthers Clan International Society CCIS LLC is the official and registered Clan of the Carruthers Family.  This Clan is presently registered in the United States and Canada, and represents members worldwide.  All content provided on our web pages is for family history use only.  The CCIS is the legal owner of all websites, and makes no representation as to the accuracy or completeness of any information on these sites or by following any link provided. The CCIS will not be responsible for any errors or omissions or availability of any information. The CCIS will not be liable for any losses, injuries, or damages from the display or use of this information. We do not sell, trade or transfer to outside parties any personal identifications. For your convenience, we may provide links to various outside parties that may be of interest to you. The content on CCIS is designed to support your research in family history. 

 

 

 

Clan Carruthers Int Society LLc

Clan Carruthers Int Society CCIS

 

Clan Carruthers LLc

Limited Liability Company

 

When we at Ancient and Honorable Carruthers Clan Society became an LLC we worked at length with an advocate who was assigned to us from the Office of the Lord Lyon. Because of that office’s limited jurisdiction which does not include the United States, we were very kindly referred to the Smithsonian Institute to become registered as a clan. (If you live in England you can contact the College of Arms, under which the Lord Lyons office operates).
Our next step was to become a Limited Liability Corporation in the US, which any clan in the US can also do. You can actually choose to form an LLC in any state, regardless of where you are based. Each state has different laws, so your best state to form an LLC may or may not be your home state. Some states offer financial and other advantages for LLC formation that can prove to be beneficial . Keep in mind that your officers must pass background checks, as with any legitimate business organization. You must:

Choose a Name for Your LLC. …
Appoint a Registered Agent. …
File Articles of Organization. …
Prepare an Operating Agreement. …
Comply With Other Tax and Regulatory Requirements. …
File Annual Renewals. …

After you do all of that, you are now a probationary company.
This information is all filed through the office of the Secretary of State in your chosen state and audited and reviewed annually.

This process had to be complete in order for out Coat of Arms to be recognized and used by every member of our Clan,   Many Clans are using Coat of Arms illegally, because their COA were presented to one person, and for personal use.

In order for us to have our clan gathering in London , Ontario we had to be registered. You cannot do business in Canada as an LLC without first registering with the Canadian Business authority. Major penalties and fines could follow unless proper registration is obtained.

When doing business in Canada, the first step is to verify the company’s ability to use its name in the chosen province and file the appropriate registration documents. This process is similar to, but not the same as, registering a company to do business in another U.S. state. Additionally, as is true of the states in the U.S., each province has its own quirks and requirements to register and maintain a company doing business there:
“ Rules Governing Corporate or Business Entity ”

https://www.cogencyglobal.com/…/registering-u-s-limited-lia…

In conclusion, please do not confuse the laws of clans in Scotland with those of the US. If you have doubts we can provide you with the name and email address of our legal advisor who is an International Attorney and a native Scot, who is also the attorney for many other Clans.

He has investigated this matter for over a year now and has stated that we as an LLC have done everything correctly, to the letter of the law .

Please feel free to contact us if you have questions.

 

Preserving Our Past, Recording Our Present, Informing Our Future

Ancient and Honorable Clan Carruthers Int Society CCIS  LLc

carruthersclan1@gmail.com       carrothersclan@gmail.com

 

You can find us on facebook at :

https://www.facebook.com/carrutherscarrothers.pat.9

https://www.facebook.com/CarruthersClan/

https://www.facebook.com/CarruthersClanLLC

 

Disclaimer Ancient and Honorable Carruthers Clan International Society CCIS LLC is the official licensed and registered Clan of the Carruthers Family.  This Clan is presently registered in the United States and Canada, and represents members worldwide.  All content provided on our web pages is for family history use only.  The CCIS is the legal owner of all websites, and makes no representation as to the accuracy or completeness of any information on these sites or by following any link provided. The CCIS will not be responsible for any errors or omissions or availability of any information. The CCIS will not be liable for any losses, injuries, or damages from the display or use of this information. We do not sell, trade or transfer to outside parties any personal identifications. For your convenience, we may provide links to various outside parties that may be of interest to you. The content on CCIS is design to support your research in family history.      ( CCIS -LLC copyright 2017 - 2020)

CLAN CARRUTHERS- CARRUTHERS AND THE JACOBITE REBELLION 1745-1746

Carruthers Clan Int. Society CCIS                       Promptus Et Fidelis

 

CARRUTHERS AND THE JACOBITE REBELLION

1745-1746

The Rebellion

The 1715 and 1745 insurrections were certainly not an attempt to put Prince Charles Edward Stewart on the throne of the United Kingdom of Scotland, England and (at that time)Ireland. His father styled James VIII of Scotland and III of England was still alive. Charles Edward Stewart was fighting for his father throne, although it could be argued, ultimately his own.

Culloden Monument

The Scottish Highland clans were not continuously at war with one another. Of course in many cases, as in all families, there were disputes, mainly about land and cattle. On the whole however, if one compares the “family problems” in other parts of Europe we find that the Scottish Highlands were relatively peaceful over three hundred years. The greatest battle ever fought on the British Isles was not between Scottish clans or even in Scotland for that matter. The “clan” battle between the English families if York and Lancaster left 20,000 dead on the field of Towton .

 William Augustus, the Duke of Cumberland (1721 – 1765) leads the British army across the  River Spey before the Battle of Culloden in Scotland, 16th April 1746. The battle resulted in a British victory over the Jacobites, who hoped to place Bonnie Prince Charlie on the throne.

The “religious wars” of the 17th century were not confined to Scotland. In fact Scottish troops were sent by James VI of Scotland to Sweden, to assist Gustavus Adolphus in his wars against the Holy Roman Emperor. This was the infamous “thirty years war” that devastated northern Europe. In Scotland the campaigns of James Graham, Viscount Dundee (a protestant) against the Lords of the Convention(more protestants) was in comparison, nothing more than a skirmish .

Furthermore the religious wars in Scotland were not as popularly believed between Protestant and Catholic. By the beginning of the 18th century the Reformation was almost complete and the Catholic population of Scotland was miniscule. The only northern clans who retained the “old faith” were the Gordons of Huntly, the Macdonell’s of Clanranald and the Grants of Invermoriston. The rest were mainly episcopalian (those in communion with the See of Canterbury) They were not however, members of the Anglican church but the Episcopal church of Scotland.
The highland clans did not support James VIII because he was a Roman Catholic but because he was a Stewart and they had reservations about the legitimacy of the Hanovarian succession. The Lowlands of Scotland were largely Presbyterian which had nothing to do with austerity or poverty but because John Knox was anti-episcopal(bishops in the church)and was a firm believer in the democracy of the presbyterian.

 

 

The William Carruthers who was a staunch “Jacobite” was the younger brother of Robert, Laird of Rammerscales. There is strong evidence that after the Jacobite insurrection of 1745 he was forfieted and settled in North Carolina. Incidently although a Jacobite he was a Presbyterian.

More detailed information on the Jacobite supporters within the wider Carruthers families of the 18th century shows that it is only the family of Rammerscales, a scion of the House of Holemains, that were recorded as Jacobite sympathizers. In particular Robert Carruthers 4th of Rammerscales who married Penelope Sharp and had 2 recorded children, His younger brother William Carruthers, a physician, who married 1708, Margaret Hay, daughter of John Hay, an apothecary, had 6 recorded children. This Margaret Hay came from a family with impeccable Jacobite ancestry. The Book of the MacLennans noted: -“Jean Law, daughter of William Law of Laurieston and Jean Campbell married Mr John Hay of Letham; their daughter Margaret, married Dr William Carruthers of Dumfries and Edinburgh”. It will be noted the Hays’ and Law of Laurieston were long standing supporters of the Stewart cause. Indeed after the Insurrection of 1745, Law of Laurieston fled to France where his grandson Alexandre Jacques Bernard Law; Marquis de Laurieston was Napoleons comrade in Artillery school and was later created a Field Marshal of France in Napoleon’s army.

The Carruthers family of Rammerscales did not fare so well for their loyalty to the Stewart cause. According to the “Records of the Carruthers Family”, Robert Carruthers 4th of Rammerscales declared for the Stewart cause in the first insurrection of 1715 and was again “out” in 1745.It is interesting to note that his “crime” in 1715 was that on the day of the Lochmaben races Robert, along with other landowners drank a toast to James VIII.Of his brother William there is more specific evidence. On the 12th October 1715, the Jail Bond book of Dumfries recorded “ William Carruthers, surgeon and William Nairn, servant to Viscount Kenmure had been put in prison and thereafter liberated in exchange of prisoners”.

On the 21st February 1781 an action of poinding was raised in the Court of Session Edinburgh, by all the elder siblings of Robert Carruthers, a surgeon on HMS Windsor who was the youngest son of William Carruthers and Margaret Hay. This action clearly illustrates that the movable estate had been awarded to Robert, no doubt as an award to his loyalty to the Hanoverian succession. This action is of particular interest to American cousins as his eldest brother James and cousin Robert are recorded as being of North Carolina.

It has been said that the William Carruthers  was allegedly a “deserter” at Culloden but there is no doubt that Robert 4th of Rammerscales and his brother William were certainly in excess of 50 years of age in 1746 and therefore unlikely to have been combatants in the Jacobite army. There was however, a grandson of William also called William but his birth date was at the earliest 1731 and therefore would have been only 15 years old at the time of the battle. Not impossible but improbable for with the possible exception of the “Garde Ecossais” there was no Lowland regiment in the Jacobite army.

 

 

Preserving Our Past, Recording Our Present,Informing Our Future

Ancient and Honorable Carruthers ClanSociety International

carruthersclan1@gmail.com

 

JIM CARRUTHERS

CLAN CARRUTHERS INT SOCIETY CCIS HISTORIAN AND GENEALOGIST

 

 

Ancient and Honorable Carruthers Clan International Society CCIS LLC is the official and registered Clan of the Carruthers Family.  This Clan is presently registered in the United States and Canada, and represents members worldwide.  All content provided on our web pages is for family history use only.  The CCIS is the legal owner of all websites, and makes no representation as to the accuracy or completeness of any information on these sites or by following any link provided. The CCIS will not be responsible for any errors or omissions or availability of any information. The CCIS will not be liable for any losses, injuries, or damages from the display or use of this information. We do not sell, trade or transfer to outside parties any personal identifications. For your convenience, we may provide links to various outside parties that may be of interest to you. The content on CCIS is designed to support your research in family history. 

—

 

James VI: Translation 1587, 8 July, Edinburgh, Parliament Parliamentary Register 29 July 1587

Clan Carruthers Int.

Society CCIS

Ancient and Honorable Carruthers Clan Int. LLC

Promptus Et fidelis

The largely forced departure from the Highlands is widely known about and understood as ‘The Clearances’, much less is known about emigration from the South of Scotland which has been going on since about 1600. In the Highlands , we know that many of the landowners (often clan chiefs) chose to evict their tenants so that sheep could make more money for them. In the Borders and Dumfries and Galloway, there were many different reasons for departure and it happened over more than 300 years.

After 1603, the Border crackdown by King James VI & I meant that many former reivers were forced to leave hurriedly for the Ulster plantation to avoid possible execution. Many of their descendants chose to emigrate to the United States or Canada in the 18th century. Military service often gave Borderers a taste of life and opportunities in other parts of the world .

 

James VI: Translation 1587, 8 July, Edinburgh, Parliament Parliamentary Register 29 July 1587

For the quieting and keeping in obedience of the disordered subjects, inhabitants of the borders, highlands and isles

²Our sovereign lord and his three estates convened in this present parliament, considering the wicked inclination of the disordered subjects, inhabitants in some parts of the borders adjacent to England and in the highlands and isles, delighting in all mischiefs and most unnaturally and cruelly wasting, slaying, harrying and destroying their own neighbours and native country people, taking occasion of the least trouble that may occur in the inner parts of the realm when they think that care and thought of the repressing of their insolence is in any way forgotten, to renew their most barbarous cruelties and godless oppressions; for remedy whereof, in addition to and beside the lovable laws and constitutions already made in this behalf, which our sovereign lord, with advice of his three estates, ratifies and approves by this act, it is statute and ordained that the first day of every month in the year, if it be lawful, and failing thereof the next lawful day immediately following, shall be a special and pre-empted [diet]³ for his privy council to convene and sit both in the forenoon and afternoon for receiving, hearing, answering and directing of all complaints, causes and matters concerning the misrule of the disordered and troublesome subjects, inhabitants [of]⁴ the highlands and borders, and attempts committed by them upon the good and peaceable subjects in the in-country, without prejudice of other and more diets to be appointed for the same effect if the occasion so require; and specially that upon the said first day of every month, or other next lawful day, trial and inquisition to be taken of the diligence done in the execution of things directed the month preceding and of the things necessary and expedient to be put in execution during the next month to come thereafter; and that a particular register be kept by the self of all things that shall happen to be done and directed in matters concerning the quietness and good rule of the borders and highlands.

That all landlords and bailies of the lands on the borders and in the highlands where broken men have dwelt or presently dwell, contained in a roll inserted in the end of this present act, shall be charged to find sufficient caution and surety, landed men in the in-country to the contentment of our sovereign lord and his privy council between now and 1 October 1587 or within 15 days after the charge upon conditions following, under the pain of rebellion, and if they fail, the said day being past, to put them to the horn: that is to say, if any of their men, tenants, servants and indwellers upon their lands, rooms, steadings and possessions or within their bailiaries commit any masterful reiving, theft or reset of theft, depredations open and avowed, fire-raising upon deadly feuds protected and maintained by their masters, that the landlords and bailies upon whose lands and in whose jurisdiction they dwell shall bring and present the persons complained upon before [Archibald Campbell, earl of Argyll], our sovereign lord’s justice, or his deputes, to abide trial and underlie the law for the same, upon 15 days’ warning to be made to them lawfully; and failing thereof, that the said landlords and bailies be indebted to satisfy the party harmed and to refund, content and pay to them their herships and hurts of their own proper goods and lands according to the value and quantity taken from the complainers, which shall be modified by oath of the party hurt, either before the lords of council and session or the justice or his deputes, whereupon execution shall pass both against the principals and sureties in the appropriate form; providing always that the landlords who have their lands lying in far highlands or borders, they making residence themselves in the inlands, and their tenants and inhabitants of their lands being of clans or dependants on chieftains and captains on the clans, whom the landlords are in no way able to command but only get their mails off them and no other service nor obedience, shall in no way be subjected to this act but in manner following, namely, they shall be held to direct their precepts of warning, obtain decreets against their tenants and denounce them to the horn and immediately after their denunciation that the said landlords raise letters by deliverance of the secret council and charge the chieftains and captains of the clans on whom their tenants depend and obey to take and apprehend the disobedient tenants and present them to the justice under the pain of rebellion; and in case the chieftains disobey, to cause denounce them to the horn, register the same and report the letters of horning, duly executed, endorsed and registered, to the secret council within the space of 40 days thereafter; wherein if the said landlords fail, they shall be subject to the former condition of this act. As also, in case the said landlords at any time hereafter rent or set tacks to any of the said disobedient highlanders or borderers in any their lands and omits to take sufficient caution for them, that they shall be answerable and obedient to our sovereign lord’s laws, and specially that they shall obey and comply with the whole contents and effect of this present act. And that the said landlords and bailies concur, fortify and assist others in removing of all persons disobedient to the laws or fugitive therefrom out of their lands, rooms and possessions; and in case any refuse to concur to the effect aforesaid, being duly and lawfully required, in that case it shall be lawful to pursue the person refusing and his cautioner for redress of the damage sustained by the party hurt and the landlords and bailies of the disobedient person to have their relief of the persons refusing. And in case any person, landlord or bailie, receive or reset any person fugitive after the committing of the crime upon their lands, or stays or arrests them not whenever they pass through their bounds with any true men’s goods reived or stolen, if the same comes in any way to their knowledge, or that it be tried that they might have stayed or withstood the said reives and oppressions (which knowledge and power of the overlords shall be tried by an assize), the masters, landlords or bailies, resetters of the offenders, or not staying and arresting them passing through their bounds as said is, shall be held to bring and present the persons, offenders, to the laws in manner aforesaid, or else to pay and redress the parties harmed in manner above-written. And where the owners of the reived or stolen goods follows not, the stayers and arresters of the persons and goods passing through their lands shall be held to make certification by publication at the market cross of the head burgh of the shire, that the party having interest being thereby advertised may challenge their own goods in six days’ space, otherwise the stayers and arresters of the goods shall not be answerable thereof.

Item, although some of the lords of the ground never used [to]⁵ make residence in the parts through the which thieves resort in their passing to steal and reive and return from there, yet shall they be bound by their bailies and tenants to make the arrestments and stay and make publication of the same, if it be in their power or comes to their knowledge, or otherwise to be held and obliged for redress as if they dwelt upon the lands themselves. And that the chief of the clan in the bounds where broken men dwell, through the which villains and broken men repair in their passing to steal and reive or returning from there, shall be bound to make the like stay, arrestment and publication as the landlords or bailies and be subject to the like redress and action, criminal and civil, in case of their failure or negligence. And because sundry immediate tenants to our sovereign lord have conveyed their lands to others held of themselves, in that case it shall be sufficient for the overlord to enter and present his tenant and vassal for answering for his subtenant and the landlord to have his relief upon his tenants thereupon as appropriate.

Moreover, and beside the aforesaid order devised against the landlords and bailies on whose lands and in whose jurisdictions the thieves, sorners and broken men dwell and remain, it is also statute and ordained that the captains, chiefs and chieftains of all clans, as well on the highlands as on the borders, and the principals of the branches of the said clans to be specially noted at the end of this present act, which clans dwell upon the lands of diverse landlords and depend upon the directions of the said captains, chiefs and chieftains (by pretence of blood or place of their dwelling), although against the will often times of the lord of the ground, be charged in manner and under the pain above-written to enter such persons’ pledges as shall be nominated by the king’s majesty’s letters to be directed to them, upon 15 days’ warning, before his highness and his secret council at the days to be appointed, to be placed as his highness shall think convenient for keeping of good rule in time coming, according to the conditions above-written, whereunto the landlords and bailies are subject under the pain of execution of the said pledges to the death, in case of transgression and non-redress made by the persons, offenders, for whom the said pledges lie; and that the said pledges shall be relieved quarterly with others of the same clan or branch to be specially named as soon as may be after the beginning of this order, and that the said pledges shall be kept in the king’s straight ward upon their own expenses until the principals of the clan or branches find sufficient and responsible sureties, acted in the books of secret council, that the pledges entered shall keep true ward until they be freed and relieved orderly and yet the persons with whom they shall happen to be placed to remain shall in no way give their licence or liberty to the said pledges to depart or pass home under the pain of �2,000 to be paid by every nobleman, baron or gentleman that grant any such licence; which caution being once found, the said pledges shall be placed to remain with noblemen and barons in free ward, uncharged with the burden of their own expenses; and all clans, chieftains and branches of clans refusing to enter their pledges at the day and in manner contained in the charge to be directed to that effect to be esteemed public enemies to God, the king and all his true and faithful subjects, and to be pursued with fire and sword wherever they may be apprehended, without crime, pain or danger to be incurred by the doers through that. And that account be taken once in the year at 1 November what persons pledged for are dead and what young men sprung up in their race and clan able to offend; and where complaint is made upon any person pledged for, the principal of the clan or branch to be charged to present the offender before the king or his council, or before the justice and his deputes, to underlie the law for the same; and in case of failure of the presenting of the person or persons complained upon, the pledge lying for the said person to be executed by justice and the principal of the clan or branch to be pressed to enter a new pledge and to be still debtor to the party grieved for his hurt sustained.

item,that all such notorious thieves as were born in Liddesdale, Eskdale, Ewesdale, Annandale and the lands sometimes called debatable, or in the lands of the highlands that has long continued disobedient, shall be removed out of the inlands where they are planted and presently dwell or frequent to the parts where they were born, unless their landlords where they presently dwell will become sureties for them to make them answerable to the law as the lowland and obedient men under the pains contained in the acts of parliament.

Item, it is statute and ordained for furthering of the quieting of the disobedient borders and highlands that a book be made containing the names of pledges entered and to be entered for good rule, and of the whole persons for whom they lie, and by whom the pledges should be relieved; as also that a register be made of the whole parishes of the lands inhabited by thieves and disobedient persons in the highlands and borders, the names of the landlords and towns in every parish and of the whole men, inhabitants thereof, passed the age of 16 years, who are landlords or bailies of every land or town or of what clan branch the said inhabitants are; and that the name of any person that is entered on the broken lands after the removing of any other disobedient person from there be sent to the keeper of the said register within 12 days next after his first entry.

Because after all diligence done, as well against the landlords and bailies as against the chieftains and principals of clans, there will be a number of vagabonds unpledged or answered for by their landlords or bailies, it is statute and ordained that letters shall be directed charging all such vagabonds and unanswerable men by open proclamation at the market cross of the head burgh of the shire where they frequent, or head burghs of the two next shires in the lowlands (where there is clearly not safe access), to find surety to underlie the law the third day of the next justice ayre or sooner, on 15 days’ warning, under the pains contained in the acts of parliament; and in case they find not surety within six days and enter not themselves under pledging, to be denounced rebels and fugitives, and they and their resetters to be pursued thereafter until they be apprehended and punished for their demerits; and that the parties harmed have competent action, civil or criminal, against the magistrates or others within whose bounds, jurisdiction or power such vagabonds and fugitives are wittingly reset with the goods stolen or reived in their passing, remaining or returning.

Item, it is declared, statute and ordained that all bonds, acts and obligations made or to be made by whatsoever persons for whatsoever broken men, pledges or otherwise received for the good rule and quietness of the borders and highlands, or anything depending thereupon, shall be extended against the heirs and successors of their sureties and cautioners, although special mention be not made in the acts that they obliged themselves, their heirs and successors.

Item, it is declared, statute and ordained that the surety made by the landlords and bailies shall not be prejudicial nor stop the surety made by the chieftains and principals of clans, nor by the contrary the surety made by them to the landlords and bailies.

Item, it is statute and ordained that [Sir Lewis Bellenden of Auchnoull], justice clerk, assisted by [Thomas Lyon of Baldukie], treasurer, and [Alexander Hay of Easter Kennet], clerk register, shall be special rememberers of the causes concerning the highlands and borders, and shall be answerable for the dispatch and diligence of the direction of things pertaining thereto.

Item, it is statute and ordained that whenever any plundering, oppressions, reives, sornings and thefts shall happen to be committed within any part of this realm, in the highlands or borders thereof, by any captain of clan or by any other clansman against any of our sovereign lord’s loyal and true subjects in time coming, and the goods so taken up transported to any other clansmen’s bounds, received and maintained therein, or disposed upon, and the same come to the knowledge of the party harmed and damnified, ordains him first to require or cause require redress thereof, that the chief of the clan or chieftain of the country wherein the said goods shall be reset or remain for the space of 12 hours of his witting, to make redress and restitution of the same goods within 15 days after he be required thereto; wherein if he fails, it shall be lawful to the party harmed to call, convene and pursue the chief, captain, superiors and principals of that clan within whose bounds the goods and gear so taken shall be reset and distributed and under their protection maintained before the judge ordinary, criminally or civilly, and upon sufficient proof to be led by the party harmed that the goods were sold or disposed upon within such bounds by the witting and knowledge of the said chief, captain or superiors and principals of the clan, they being of power to have resisted the same, they to be answerable for the same goods and decreet to be given against them, with the profits thereof, likewise and in the same manner as might or should have been given against the persons, committers of the deed themselves, and executorials to pass thereupon in the appropriate form. And also, if it shall happen the party harmed by the persons, committers of such enormities, to follow and pursue his own goods and gear taken as said is for the recovery of the same, and in the relief of his own goods and gear to slay, hurt or mutilate any of the takers thereof, it is hereby expressly declared, statute and ordained that the said party harmed or his assisters and accomplices shall never be accusable of any such slaughter, mutilation or other hurt but as freely remitted and discharged in that behalf as if he had our sovereign lord’s special commission to that effect; and also ordains and declares that whatsoever persons shall happen hereafter to bear feud for any such slaughter, hurt or mutilation shall be subject to the pains and action above-written, and it shall be lawful to the party harmed to call and convene them, criminally or civilly at his option, for the said reives and oppressions in manner before specified.

Item, who brings any Scots or English thief in his company, openly or privately, to the king’s majesty’s court or burgh of Edinburgh, or requests for him to hold him back from the due punishment appointed by the law, without licence of the king, his lieutenant or warden, shall be subject to the action, criminal or civil, of him to whom the said thief has offended by theft or reive or be compelled for the same to redress as principal thief or reiver; and whatsoever English thieves shall come in any part of Scotland without licence of the king, his lieutenant or warden shall be taken and used as lawful prisoners; and whoever would avow such thieves to be their prisoners or brought in by them upon licences shall not keep them in company in the king’s court or palace or in the High Street, where his highness or his justice sit and remain, bearing weapons, but hold them in close houses, from their coming to their departing, under the pain to be reputed as favourers, fosterers and maintainers of thieves and theft and to be punished for that, according to the laws of the realm.

Item, it is statute and ordained that the justice clerk and his deputes and the king’s commissioners constituted to further justice, quietness and good rule in all shires shall diligently inquire and take up dittay of the takers up and payers of blackmail, and to make rental of the quantity thereof, and to pursue as well the takers as payers thereof at justice ayres or particular diets and do justice upon them according to the laws, and receive surety under great pains that they shall abstain in time coming.

Item, it is statute and ordained that the justice clerk shall twice in the year, namely, at 1 March and 1 September, procure the king’s majesty’s close valentines⁶ to be sent to the masters, landlords, bailies and chieftains of all notable villains and thieves, charging to present them either before his majesty’s self or before the justice and his deputes at the day and place to be appointed, to underlie the law, according to the laws and general bond and under the pains contained in the same; and to try what obedience be shown by the persons to whom the said valentines shall be directed; and in case of their contempt by undutiful answer to put themselves to the knowledge of an assize and administer justice upon them, according to the laws and general bond.

Item, since experience declares that the marriage of the king’s majesty’s subjects upon the daughters of the broken men and thieves of England is not only a hindrance to his majesty’s service and obedience but also to the common peace and quietness between both the realms, it is therefore statute and ordained by our sovereign lord and three estates of this present parliament that none of his subjects presume to take upon hand to marry with any English woman dwelling in the opposite marches without his highness’s express licence had and obtained to that effect under the great seal, under the pain of death and confiscation of all his goods moveable; and that this be a special point of dittay in time coming.

Item, it is statute and ordained that the wardens of the marches adjacent to England take diligent inquisition what Englishmen occupy any Scottish ground in pasturage or tillage, and they bill the persons, offenders, in that behalf against the treaties and seek redress according thereto as they will answer upon their allegiance, at their highest charge and peril and under the pain of incurring his highness’s indignation and displeasure.

Item, it is thought expedient, statute and ordained that all pledges received for the good rule and quietness of the borders shall be placed on the north side of the water of Forth, without exception or dispensation, and the pledges for the good rule of the highlands and isles to be placed on the south side of the same water of Forth; and that the justice clerk and his deputes, to whom the care of this order is committed, take special regard to the due execution hereof as they and every one of them will answer upon the execution of their offices.

Item, for relief of the landlord or bailie that shall happen to be charged for entry of his tenants or persons dwelling under his jurisdiction to underlie the law or to make redress, that he use warning and seek the order of removing against his tenants and occupiers of the ground and make them the king’s rebels within the space of 40 days after the next term, not receiving mails or duties from them in the meantime; wherein his diligence being tried and found good and sufficient by the king’s majesty and his privy council, or by his justice and his deputes, and that he performed all things that he could or that was in his power to do after the fact came to his knowledge, in that case he shall be relieved of the pain and danger of the law contained in this act.

Item, in case any landlord, bailie or chieftain of clan shall happen to be burdened with the taking and presenting to the justice of any malefactor, and that the same malefactor is fugitive from the law and refuses to relieve his landlord, bailie or chieftain, and that thereupon, according to the laws and general bond, they shall be constrained to burn the said disobedient person’s houses and to hold them, their wives and bairns off the ground, it is statute and ordained in that case that the said disobedient persons, their heirs, wives, bairns nor any others pretending right from them or by their death or occasion shall have any action, criminal of civil, for the said removing, burning or ejection, but shall be simply absolved from there and all that may follow thereupon, whenever or wherever the same shall be pursued.

Item, that such intervening persons as take upon them to be sellers of the goods of thieves or disobedient persons and clans that dare not come to public markets in lowlands themselves, whereby the execution of the acts made concerning thieves and sorners of clans is greatly impeded and defrauded, shall, for that deed, being tried culpable thereof, incur the pain of banishment and confiscation of all their goods moveable, the one half to our sovereign lord’s use and the other half to the party, apprehender and suiter.

⁷The roll of the names of the landlords and bailies of lands dwelling on the borders and in the highlands where broken men have dwelt and presently dwell

• Middle March

• [Francis Stewart], earl of Bothwell

• Laird of Ferniehirst

• [Archibald Douglas], earl of Angus

• Laird of Buccleuch

• Sheriff of Teviotdale

• Laird of Bedrule

• Laird of Wauchope

• [William Maxwell], lord Herries

• Laird of Howpasley

• George Turnbull of Hallrule

• Laird of Little Dean

• Laird of Drumlanrig

• The Laird of Chisholm

• West March

• [John Maxwell], lord Maxwell⁸

• The Laird of Drumlanrig

• The Laird of Johnstone

• The Laird of Applegarth

• The Laird of Holmends

• The Laird of Graitney

• [William Maxwell], lord Herries

• The Laird of Dunwoody

• The Laird of Lochinvar

Landlords and bailies

• Highlands and Isles

• [Ludovic Stewart], duke of Lennox

• [Sir George Buchanan], laird of Buchanan

• [Andrew MacFarlane], laird MacFarlane of the Arrochar

• [Humphrey Colquhoun], laird of Luss

• [Aulay MacAulay], laird MacAulay of Ardencaple

• [Archibald Napier], laird of Merchiston

• [John Haldane], laird of Gleneagles

• [James Cunningham], earl of Glencairn

• [John Cunningham], laird of Drumquhassle

• [James Galbraith], laird of Culcreuch

• [George Graham], tutor of Menteith

• [William Shaw], laird of Knockhill

• Harry Shaw of Cambusmoir

• [James Kinross], laird of Kippenross

• [Michael Balfour], laird of Burleigh

• [James Stirling], laird of Keir

• [Alexander Livingston], master of Livingston

• [James Stewart], lord Doune

• [Patrick Drummond], lord Drummond

• [John Murray], laird of Tullibardine

• [Duncan Campbell], laird of Glenorchy

• [John Campbell], laird of Lawers

• [James Menzies], laird of Weem

• [James Drummond], abbot of Inchaffray

• Colin Campbell of Ardbeg

• [Colin Campbell], laird of Glenlyon

• [John Stewart], earl of Atholl

• [Thomas Stewart], laird of Grandtully

• [Donald Robertson], laird of Struan Robertson

• [John Murray], laird of Strowan Murray

• [Wemyss], laird of Wester Wemyss

• [Thomas Scott], laird of Abbotshall

• [David Maxwell], laird of Tealing

• [Patrick Ogilvy], laird of Inchmartine

• [Thomas Fotheringham], laird of Powrie Fotheringham

• [William Moncreiffe], laird of Moncreiffe

• [James Stewart], laird of Ballechin

• [John MacDuff, alias Ferguson], baron of Fandowie

• [Francis Hay], earl of Erroll

• [James Ruthven], earl of Gowrie

• [Alexander Reidheuch], laird of Cultybraggan

• [James Ogilvy], lord Ogilvy

• [Alexander Ogilvy], laird of Clova

• [David Graham], laird of Fintry

• [David Lindsay], laird of Edzell

• [John Erskine], earl of Mar

• [Alexander Elphinstone], master of Elphinstone

• [George Gordon], earl of Huntly

• [John Forbes], master of Forbes

• [John Grant of Freuchie], laird of Grant

• [Lauchlan] MacIntosh [of Dunauchton]

• [Simon Fraser], lord and [Thomas Fraser of Knockie and Strichen], tutor of Lovat

• Chisholm of Cummer

• [Donald MacDonald], laird of Glengarry

• [Colin] MacKenzie [of Kintail]

• [Robert Munro], laird of Foulis

• [Alexander Ross], laird of Balnagowan

• [John Urquhart of Craigfintry and Culbo], tutor of Cromarty

• [Alexander Gordon], earl of Sutherland

• [William Sutherland], laird of Duffus

• James Innes of Touchis

• [George Sinclair], earl of Caithness

• [George Keith], earl Marischal

• [Lawrence Oliphant], lord Oliphant

• [Patrick Mowat], laird of Boquhally

• [William Sinclair], laird of Dunbeath

• [Hugh] MacKay of Farr

• Torquil MacLeod of Cogeache

• [John MacKenzie], laird of Gairloch

• [Malcolm] MacGillichallum of Raasay

• [William] MacLeod of Harris

• [Lauchlan] MacKinnon of Strathardle

• [Roderick] MacLeod of Lewis

• [Roderick] MacNeil of Barra

• [John] MacIan of Ardnamurchan

• Allan MacIan of Eilean Tioram

• [Alexander MacRanald], laird of Knoydart

• [Lauchlan] MacLean of Duart

• [Ewen MacLean], laird of Ardgour

• John Stewart of the Appin

• [Dougal] MacDougall of Lorne

• [Allan] MacDougall of Raray

• [Archibald Campbell], laird of Lochnell

• [John Campbell], laird of Cawdor

• [Robert Montgomery], laird of Skelmorlie, for Rachry

• [Dougal] MacConnachy of Inverawe

• Angus MacConnell of Dunyvaig and the Glens

• [Alexander MacAlister], laird of Loup

• [John Stewart], sheriff of Bute

• [Hector Bannatyne], laird of Kames

• [Archibald Campbell], earl of Argyll

• [Duncan Campbell], laird of Auchinbreck

• [James Campbell], laird of Ardkinglas

• [Malcolm] MacNaughton [of Dunderawe]

• [Archibald] MacLauchlan [of Strathlachlan]

• [James Lamont], laird of Lamont

• [Colin Campbell], laird of Perbrak

• [John Campbell], laird of Duntrune

• [James Scrimgeour of Dudhope], constable of Dundee, laird of Glassary

• [Colin Campbell], laird of Elangreg

• [Archibald Campbell], laird of Otter

• [Hector MacLean], laird of Coll

• [John] MacLean of Lochbuie

• [Murdoch] MacFee of Collowsay

• [John Hamilton], lord Hamilton

The roll of the clans that have captains, chiefs and chieftains whom on they depend, often times against the will of their landlords, as well on the borders as highlands, and of some special persons of branches of the said clans

• Middle March

• Elliotts

• Armstrongs

• Nicksons

• Crosiers

• West March

• Scotts of Ewesdale

• Batesons

• Littles

• Thomsons  – Thomesonis in the untranslated version

• Glendinnings

• Irvings

• Bells

• Carruthers

• Grahams

• Johnstons

• Jardines

• Moffats

• Latimers

• Highlands and Isles

• Buchanans

• MacFarlanes, Arrochar

• MacNabs

• Grahams of Menteith

• Stewart of Balquhidder

• Clan Gregor

• Clan Laren

• Campbells of Lochnell

• Campbells of Inverawe

• Clan Dowell of Lorne

• Stewart of Lorne or of Appin

• Clan MacKean of Ardvorlich

• Stewarts of Atholl and parts adjacent

• Clan Donachie in Atholl and parts adjacent

• Menzies in Atholl and Apnadull

• Clan MacThomas in Glenshee

• Fergusons

• Spaldings

• MacIntoshes in Atholl

• Clan Cameron

• Clan Ranald in Lochaber

• Clan Ranald of Knoydart, Moidart and Glengarry

• Clan Lewis of the Lewis

• Clan Leod of Harris

• Clan Neil

• Clan Kinnon

• Clan Ian

• Clan Chattan

• Grants

• Frasers

• Clan Kenzie

• Clan Andrew

• Munroes

• Murrays in Sutherland

1. NAS, PA2/13, ff.105r-108v.

2. ‘V.’ written in margin. Sections are numbered in APS, but not in the manuscript.

3. APS interpolation.

4. APS interpolation.

5. APS interpolation.

6. A writ naming wrongdoers. Overlords and masters, also named, were expected to apprehend them.

7. ‘V.P.’ written in margin.

8. This would appear to be John Maxwell, former earl of Morton, who resigned those lands in 1585, not William Maxwell, always styled Lord Herries..

 

 

Preserving Our Past, Recording Our Present, Informing the Future

Ancient and Honorable Carruthers Clan Society CCIS LLC

carruthersclan1@gmail.com

 

Ancient and Honorable Carruthers Clan International Society CCIS LLC is the official and registered Clan of the Carruthers Family.  This Clan is presently registered in the United States and Canada, and represents members worldwide.  All content provided on our web pages is for family history use only.  The CCIS is the legal owner of all websites, and makes no representation as to the accuracy or completeness of any information on these sites or by following any link provided. The CCIS will not be responsible for any errors or omissions or availability of any information. The CCIS will not be liable for any losses, injuries, or damages from the display or use of this information. We do not sell, trade or transfer to outside parties any personal identifications. For your convenience, we may provide links to various outside parties that may be of interest to you. The content on CCIS is designed to support your research in family history. 

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John Carruthers 1746-1841 Revolutionary War Hero

Clan Carruthers Int. society CCIS

Promptus et Fidelis

Clan Carruthers Int Society CCIS

 

John Caruthers was a veteran of the Revolutionary War and the War of 1812. A marker to commemorate his Revolutionary War service was erected by the Arkadelphia Chapter; the Nathaniel Mills Chapter, Hurst, TX; the National Society Daughters of the American Revolution and the Clark County Historical Society in 1996.

His children included Samuel, William, John, Jr., Sarah, Martha, and Elizabeth.

 

Ranger, South Carolina Militia (Actual grave not located)

Marker placed by Arkadelphia Chapter, Arkadelphia Arkansas

Captain Nathanial Mills Chapter

John Carruthers fought in the battle of King’s Mountain South Carolina

After his victory at the Battle of Camden in August, 1780 British General  Charles Lord Cornwallis  marched into North Carolina. To protect his left flank, he dispatched his Inspector of Militia, Ferguson into the South Carolina backcountry. Apprised of Ferguson’s threat, various Whig militias led by William Campbell, Benjamin Cleveland, Joseph McDowell,  John Sevier, and Isaac Shelby rallied to confront Ferguson. Since many of the Patriots came from the western part of the Carolinas and the present state of Tennessee they were known as “Overmountain Men.”

Shadowed by the threat of the Overmountain Men, Ferguson deployed on a series of hills two miles inside the South Carolina border known as Kings Mountain. Whig scouts discovered Ferguson’s presence and the Americans prepared for an assault.

Early in the afternoon of October 7, the Americans launched their assault on all four sides. Loyalists from the King’s American Regiment and the New Jersey Regiment launched  bayonet charges to drive back the Overmountain Men. Each time, the Americans broke off around the  flanks only to attack again after the Loyalists redeployed to face a threat from another direction. Steadily, the Americans fought their way up Kings Mountain.

In an attempt to rally his men on horseback, Ferguson was killed and his entire command was either killed or captured. The loss of Ferguson’s force prompted Cornwallis to temporarily abandon his offensive in North Carolina and permanently shifted the initiative to the Americans in the South. British Commander-in-Chief Sir Henry Clinton lamented the battle was “the first link in a chain of evils that followed each other in regular succession until they at last ended in the total loss of America.”

 

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Ancient and Honorable Carruthers Clan International Society CCIS LLC is the official and registered Clan of the Carruthers Family.  This Clan is presently registered in the United States and Canada, and represents members worldwide.  All content provided on our web pages is for family history use only.  The CCIS is the legal owner of all websites, and makes no representation as to the accuracy or completeness of any information on these sites or by following any link provided. The CCIS will not be responsible for any errors or omissions or availability of any information. The CCIS will not be liable for any losses, injuries, or damages from the display or use of this information. We do not sell, trade or transfer to outside parties any personal identifications. For your convenience, we may provide links to various outside parties that may be of interest to you. The content on CCIS is designed to support your research in family history. 

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CLAN CARRUTHERS-SCOT-IRISH AND NATIVE AMERICAN IN ARKANSAS PRE-CIVIL WAR

Carruthers Clan Int Society CCIS                                       Promptus Et Fidelis

 

 

SCOT-IRISH AND NATIVE AMERICAN IN ARKANSAS PRE-CIVIL WAR

 

Land in Bentonville, Arkansas

Scot-Irish migration to Arkansas took place throughout the nineteenth and twentieth centuries in three distinct settlements. Over the years, Irish residents of Arkansas have made their mark on the state, exemplified in organizations such as the  Irish Cultural Society of Arkansas.  About fifteen percent of Arkansans claim Irish or Scotch-Irish ancestry.

The first wave of Irish immigration concerned the Scotch-Irish (sometimes called Scots-Irish), who were descendants of eighteenth-century Ulster Protestant immigrants. The term Scotch-Irish acknowledges the seventeenth-century mass Scottish migration to Ireland’s northernmost province, Ulster—a migration that left indelible marks on the culture, including stark differences in religion and nationalistic attitudes that distinguished the Protestant, pro-British “Scotch-Irish” from their Catholic, Gaelic, and generally anti-British neighbors. Scotch-Irish immigrants to the United States had settled the mountainous backwoods of Appalachian Tennessee, Kentucky, and Virginia, as well as the Piedmont region of the Carolinas. With the explosion of the cotton economy in 1818, droves of white families from the eastern United States—including many descendants of the original Ulster Protestant migrants—scrambled to claim lands in the Southwest in the hopes of attaining fortune that “King Cotton” promised, while other families looked to those territories for any kind of economic opportunity. Thousands of settlers of Irish heritage migrated to the Arkansas territory; often seeking out land similar to their places of habitation back east, they gravitated predominantly toward the Ozark Mountains in the northwestern section of the territory, though some families built communities in the southern. Ouachita Mountain.

Author Russel L. Gerlach differentiated class groups among the Ulster Protestants, as well as Irish Protestants from the island’s southern provinces. He noted that the most sophisticated and affluent Protestant immigrants tended to be overrepresented among the planter classes found in the eastern Arkansas Delta, while “low-end Scotch-Irish” generally included semiliterate or illiterate “nomadic hunter and farmer types from various mountains.” The Ulster Protestants included several Christian denominations that are commonplace in present-day Arkansas. This initial wave of Irish immigrisants to Arkansas and their descendents maintained Ulster traditions in the mountain regions of the state, such as practicing stringently individualistic Protestantism, hunting, playing fiddle  music, performing “buck” or rhythmic step dancing, and making whiskey.

No doubt that many Scot Irish researchers will recognize their clan names here among the Native Americans with whom they intermarried in the Benton  County Arkansas area.

Woquini, aka Henry “Hook Nose” Carruthers

Clan Carruthers Promptus Et fidelis-Int

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This staff photo was taken of another photo that hangs in the Roman Nose State Park lodge of Southern Cheyenne Henry Roman Nose and Southern Arapahos Yellow Bear and Lame Man, 1899, that is credited to Walter Stanley Campbell Collection, Western History Collections, University of Oklahoma Libraries.

Sometime in late spring or early summer of 1856, a baby was born in a Cheyenne village somewhere north of the Arkansas River near what now is the Kansas-Colorado state line. Born during troubled times on the Plains, the baby, named Woquini (pronounced Wah-kin-e, which translates into Hook Nose) rode against the Pawnee, the tribe’s enemy, but it never was known if he fought against whites.

Eventually his tribe was relocated to Oklahoma, and he was sent with other warriors to imprisonment in Florida. He never was charged with a crime. Records identify him simply as a ringleader.

There Woquini became a Christian and adopted the name Henry Caruthers Roman Nose — Henry from the fort commander and Caruthers from a teacher and friend. He returned to Oklahoma, eventually choosing a canyon area where he once camped with his father as a home. That land today is known as Roman Nose State Park.

Roman Nose was appointed chief of the Southern Cheyenne tribe in 1897.

Source: “Roman Nose A History of the Park,” by M.C. Weber

 

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Origin of the Carruthers Name — Clan Carruthers Int Society (CCIS)

Origin of the Carruthers Name Historical Data We start with the history of King Constantine III King of Britannia 407-411. Western Roman Emperor, King of Britain, Custennin Flavius Claudius Constantinus ap Selyf. He had three sons, Constans, Aurelius Ambrosius (Ambrosius Aurelianus), and Uther (Uthyr). He was the first Christian King. Troubles developed for King Constantine, […]

via Origin of the Carruthers Name — Clan Carruthers Int Society (CCIS)

The Honorable Scottish Chief – “Ceann Feadhna”, The Heart of the Clan

 

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Promptus et Fidelis

It is the fundamental urge of all living creatures to re-produce, to seek protection in the safety of numbers and to seek order through some form of social harmony. As human beings differ little from this, all over the world from the beginning of recorded time societies have existed, which have bound it’s population together in such a way. Whereas many Empires have been formed, flourished and died out at the hand or in the name of imperialism and dictatorship one system has remained. It is as strong today as it ever was, binding together millions across the globe, not with fanatical religious dogma but with the spirit and belonging of an extended family. One that is both socialist in principle and patriarchal in structure – the Scottish clan system.

The Clan societies operate much as they always have, as guardians of the traditions and welfare of their people. No other society springing from such a prehistoric source can be said to hold this modern age together with such a sense of compassion, such pride and unfathomable brotherhood with the chief holding the responsibility of representing and leading his respective clan.

Historically the principal function of the chief was to lead his clan in battle on land and sea. The chief and the chieftain were at one time in the Scottish Highlands influential political characters, who wielded a large and often arbitrary authority. The chiefs many attributes were often proved on the battlefield thus becoming the most honored but humble position in the clan. They respond to the needs of the clan as family by example and loyalty, sometimes fighting to the death for their beliefs, as was the fate of William Wallace who suffered a horrendous public execution by the English;

“And with the extinction of that breath, Kirkpatrick,” cried Wallace, “let your fell revenge perish also. For your own honor, commit no indignities on the body you have slain.”

Unwilling to compromise, William Wallace refused to submit to English rule, and Edward’s men pursued him until August 5, 1305, when they captured and arrested him near Glasgow. He was taken to London and condemned as a traitor to the king and was hanged, disemboweled, beheaded and quartered as an example .

History and Structure of the Clan, its Chiefs and Chieftains

The word clan actually derives from the Gaelic form ‘Clann’, meaning ‘children’ or ‘stock’. However it’s meaning in Scots can be a tribe or race or can represent a family unit.
It is quite possible however that the origins of the clan system outdate even the name itself.

The heart of the structure of the Clan was a contradiction. Two distinct concepts of Clan heritage existed together and functioned as one: Firstly there was the ‘Duthcas’, this was the fundamental right of a Clan member to settle in Clan territory and find protection there. Alongside this was the heritage of the individual Chief. This was called ‘Dighreachd’ and placed the Chief as the head of the Clan and as overall owner of its lands.
The Chief’s succession in the Celtic tradition was decided and governed by a system known as ‘Tanistry’; this was the ancient law of succession whereby an heir was chosen from a group of individuals with hereditary claims. This group would typically consist of males whose great grandfathers had, themselves been Chiefs. It was the existing Chief’s task to choose an heir or ‘Tanist’ from this group who was regarded as the person most suited to succession.

This system ensured that a strong leader was always chosen. Indeed, throughout the lifetime of the Chief the Tanist would be second in command, taking full responsibility for the Clan during the Chiefs absence.

Beneath the Chief were the Chieftains, from which the Tanist had been selected; these were the heads of the individual houses from which the Clan was formed. The eldest of these was called the ‘Toiseach’ and in most cases he became the Tanist. The Captain of the Clan was selected from any of the above. The ‘Daoin-Uaisle’ were the gentlemen of the clan, beneath them existing the main body of the clan itself.

In the Highlands which had been the homeland of the Picts there were 7 main tribal districts or provinces: Caith (Caithness & Sutherland), Fidach (Ross & Moray), Fodhla (Atholl), Fortrenn (W. Perthshire), Ce, (Mar & Buchan), Ciric or Ciricinn (Mearns) and Fibh (Fife)

A tribal unit was called a ‘Tuath’, several of these together was called a ‘Mortuadh’ or ‘great tribe’ and two or more of these made up the ‘Coicidh’ or province. Where several of these provinces joined each donated some land and this became a central district in which was located the capital. Where the four Perthshire provinces joined lies the palace of Scone.

Each province had a King or ‘Ri’ and from these the Sovereign or ‘Ard Ri’ was selected, however as the Scots from the Kingdom of Dalriada emigrated into the Highlands the title of ‘Ri’ became less common and was abandoned around the 12th century.

The difference between the Scottish and Pictish Clan systems were clear. At the heart of the Pictish system was a Celtic patriarchy. The land belonged to the tribe and they were responsible for its well being, the chief acting as the father of the Clan. Influences from south of the border had made the Scottish Clan system more feudal with the Chief or King being the sole owner. These two systems fused together and became the Clan system we know now.

Both ideas co-existed in a peculiar way: The relationship between the King and the Clan Chiefs was feudal, whereas the Chiefs themselves practiced a more traditional Clan system. In times of war (which was frequent), The Clan took on the form of a military regiment. Each Clan had its distinctive badge and war cry and its own pipe tunes to rally to. No Clan would enter into a war until its people were consulted. Only after full consent was given was the Clan put on a wartime footing.

The Law of the Clan

The laws and traditions of the Clan were its most sacred possession – next to its people. As the chief was inducted into his position he stood on a ceremonial stone with a sword in one hand and a white wand in the other he swore an oath to uphold these. He was the overall arbiter of Clan disputes and dispensed the law, as he dispensed the tenancy of land, Fairly and each according to his rights and needs. The Tanist as his second held the Clan lands in trust for posterity, swearing also to uphold tradition.
The dispensation of the law was assisted by the ‘Brieve’ a form of judge who’s position was hereditary and who’s salary came directly from imposed fines. A council of between 12 and 14 men who met on ‘moothills’ or mounds, coming together in a circle, helped him in the undertaking.

Payments to the Chief were regular and fair. ‘Calpich’ was a one time payment made to the Chief on the death of the head of a family. This was usually the families most prized possession, though rarely so prized as to force hardship on the family. ‘Cain’ was the presentation of the first fruits of the land to the Chief, land, which had most likely been given, or dispensed by that same Chief. The practice of ‘Manrent’ was a system of payment coming from the Septs which was offered in exchange for their continued protection. Arbitration was the most common way to settle any disputes – even between Clans. Only as a last resort and with the full support of the Clan was war considered. Nevertheless the frequency of disputes has left many a Clan with a bloody and violent history.

The New World

The Highland Clearances in the 18th and 19th Century seemed to be the final blow in the destruction of the Clan system. However, what became clear as the Highlanders were forced from their native land was that a system so rooted in the traditions of kinship and the family unit would never be wiped out so easily. If anything the Highland Clearances brought a regeneration to the clan system.
As the settlers spread throughout the ‘New World’ the clan became the cement that bonded them together, The formation of the Highland and Islands Immigration Society in 1846 helped open up areas in Australia and New Zealand. The great spread of ‘Jock Tampson’s Bairns’ had begun. The very which had threatened to destroy the clan system turned it into a World-wide phenomena.

Revival: The Clan in Scotland

The 19th Century also saw a romantic revival in Scotland. Publications of Gaelic poetry became popular and the state visit of George IV was an event totally stage managed by Sir Walter Scott. Clan gatherings and parades were organised for the visit with every clan in its own tartan. An almost fanatical resurgence in interest in all things Scottish left Weavers and Kiltmakers exhausted. Hundreds of new clan tartans suddenly appeared and were distributed to the Clans on an arbitrary basis.

The Lord Lyon, an appointed officer of state and member of the Royal Household holds authority in all matters heraldic, Genealogical and armoric but only in Scotland. Peace between the clans is assured by the Standing Council of Scottish Chief.

The Clans Outside of Scotland

It cannot be said too often or stressed too strongly that there is no international law that controls the use of heraldry as there is, for example , for copyrights of trademarks. Each sovereign state has its own rules, customs and laws which extend only as far as the boundaries of its jurisdiction. So for any Carruthers or other people of Scottish descent it is futile to apply to the Lord Lyon for granting of arms.

In the United States we have our very large and enthusiastic Clan Carruthers with a strong heraldic tradition which goes back to the days of Independence, so much so that the military has its own Institute of Heraldry that regulates badges, flags and insignia within the U.S. Armed forces. For civilians there is no regulatory authority but several organizations which exist to promote heraldry and the importance of clan heritage, with each having its own chief and chieftains. The U.S. Heraldic Registry contains hundreds of arms that have been registered by that organization and for the most part have been designed and assumed by individuals across the US who are citizens and as long as the individual does not infringe on someone else’s designs. The arms and chieftainship are regarded as an honor and contribution to the community and an upstanding ability to lead is expected.

In Canada: Derived mainly from heraldic traditions in France and the United Kingdom, Canadian heraldry also incorporates distinctly Canadian symbols, especially native flora and fauna, references to the First Nations and other aboriginal peoples of Canada, and uniquely Canadian elements such as the Canadian pale, derived from the Canadian flag. A unique system of cadency is used for daughters inheriting arms, and a special symbol for United Empire Loyalists.

In 1988, governance of both personal and corporate heraldry in Canada was patriated from the heraldic authorities in England and Scotland, with the formation of the Canadian Heraldic Authority, which now has exclusive jurisdiction over granting awards of arms in Canada.

Coats of arms are used throughout Canada by all levels of government, in many cases including royal insignia as a mark of authority, as in the recently granted arms of the House of Commons and the Senate, and of Parliament as a combined body.

Use of armorial bearings is not limited to governmental bodies. All citizens of Canada have the right to petition for an award of arms, as do other entities including businesses and religious institutions. The granting of arms is regarded as an honor from the monarch, via the governor general, and thus are bestowed only on those whom the Chief Herald has deemed worthy of receiving a grant of arms.

In Ireland: Ireland – Applying for Arms / Matriculation of Arms

An application for a grant of arms should be made to the Chief Herald, on a prescribed form, setting out, in the case of a personal application, basic personal information and accompanied by supporting certificates or other appropriate documents. For a grant of arms to a corporate body or other entity, the application should include information about the legal status (if any) of the organization, its structure, its activities and business, the length of time during which it has operated and, if relevant, information about membership. Where appropriate, a certified copy of the resolution of the Council, Board, or other controlling body should be submitted.

If an application appears to be in order the matter is considered in detail by a herald of arms who will consult with the applicant about possible designs. A preliminary painting is then made for the approval of the applicant who will also be shown a draft of the Letters Patent. The final document is issued on vellum and includes a hand-painted exemplification of the arms. The grant of arms is recorded in the Register of Arms and is a matter of public record.

A grant of arms constitutes a license to use the arms, which allows the grantee, according to the traditional formula, to display the arms “on shield or banner or otherwise according to the Laws of Arms”. The copyright in a grant of arms resides with the Board of the National Library of Ireland. A grant of arms does not confer any rank or title or have any effect on the right of the person concerned to any property, real or personal. A grant of arms made to an individual extends to his or her descendants of the name, not to a family as such.

In New Zealand: The New Zealand Herald of Arms Extraordinary is the officer of arms responsible for the regulation of heraldry in New Zealand. Although affiliated with the College of Arms in London, the New Zealand Herald lives and works in New Zealand and is not a member of the College Chapter.

In Conclusion , the tenacity of the clan, its Chiefs and Chieftains and the memories of its people have survived the ages, with continued pride in the history and tenacity of the forefathers. A consistent thread running through the various clans objectives is the encouragement of the study of Scottish culture and in organizing bodies for sporting events and social gatherings. Many of the north American organisations have a long and illustrious history. The Illinois St Andrew Society is a good example: “Organized in 1854 to sustain the Scottish heritage in music, literature, history, cultural exchanges and dance, and to assist fellow Scottish immigrants in adjusting to the rugged pioneer mid west. The clan is alive and well, long may it continue !

 

Preserving Our Past, Recording Our Present, Informing Our Future

Ancient and Honorable Carruthers Clan Society Int. LLC

carruthersclan1@gmail.com