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NORMAN DOOR. JEDBURGH ABBEY— Entrance to the Burial-Place of the RoiHiamEDs . 



PEDIGREE 



OF 



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RUTHERFOORD, LORD RUTHERFOORD. 



EDINBURGH : SCOTT AND FERGUSON, AND BURNESS AND COMPANY, 
PRINTERS TO HER MAJESTY. 






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THE 



RUTHERFURDS of that ILK, 



AND THEIR CADETS. 



COMPILED FROM THE PUBLIC RECORDS AND 
OTHER AUTHENTIC SOURCES. 



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(* LIBRARY^ 



EDINBURGH. 



1884. 



TO 



WILLIAM ALEXANDER OLIVER-RUTHIRFURD, 

ESQUIRE OF EDGERSTON, 
ARE INSCRIBED THESE NOTES AND PEDIGREE OF THE RUTHIRFURDS, 

BY A FRIEND. 



PREFACE. 



The Records of a family that has helped to 
make Scottish History, and has produced 
many distinguished men, are worthy of pre- 
servation. 

Those who take an interest in Border story, 
although unconnected with the not very 
worldly wise — as regarded their own aggran- 
disement — but brave and loyal race of Ruthir- 
furd, may consider the labour expended in 
this endeavour to trace the descent of the 
various families of the name, not altogether 
unserviceable. 

Professed Genealogists will, he hopes, be 
lenient to the shortcomings of a mere amateur, 
who takes this opportunity of tendering his 
best thanks to Mr. Oliver-Ruthirfurd of 
that Ilk and Edgerston, to whom he inscribes 
these Notes and Pedigree, for his friendly 
help in affording him access to the Edgerston 



and Hunthill family documents, to which he 
owes much otherwise unattainable information. 
He desires also to acknowledge the advantage 
he derived in prosecuting his attempt from 
the painstaking researches of the able and 
erudite scholar, the Reverend Walter Mac- 
Leod, and the suggestions and aid so 
courteously given to him by Mr. Dickson, 
Curator of the Historical Department in 
H.M. Register House, and Mr. Stodart, 
Lyon Clerk Depute. 

March 1884. 



petugree 

OF 

RUTHERFOORD, lord RUTHERFOORD, 



AS SET FORTH BY 



Sir ROBERT DOUGLAS, Baronet, of Glenbervie, 
ED : 1764. 



The traditional account of the origin of this 
most ancient family is that a man of dis- 
tinction on the borders conducted Ruther, 
King of Scots, safely through the River 
Tweed, in an expedition against the Britons, 
at a place from that event called Rutherfoord. 
The King, after the expedition was over, 
bestowed some lands contiguous thereto upon 
his faithful conductor, from which his pos- 
terity assumed the name of Rutherfoord as 
soon as sirnames became hereditary in Scot- 
land. 

Certain it is that the Rutherfoords have 
always been looked upon as amongst the 
most ancient and powerful families on the 
borders, were a race of brave and gallant 



IV 



men, who on many occasions signalized them- 
selves, and fought valiantly against their 
enemies in defence of the liberties of their 
country. 

There were several considerable families of 
the sirname in the south of Scotland, viz. : 
the Rutherfoords of that ilk, of Hunthill, of 
Edzerston, of Hundalie, of Nisbit, of Fairny- 
toun, of Fernelee, of Capehope, 1 and many 
others, but the first of them we have found 
on record is 

I. Hugo de Rutherfoord, who is witness 

in a grant by Philip de Valoniis of 
the lands of Terpenhow, in Northum- 
berland, to Robert de Stuteville, in or 
before 12 15, in which year Philip de 
Valoniis died. 2 He was father of 

II. Sir Nichol de Rutherfoord, who 

flourished in the reign of King Alex- 
ander III., and is mentioned in a 
charter of that prince, anno 1261. 3 He 
is a witness also to several donations 
to the monastery of Kelso, and is 
designed Nicholaus de Rutherfoord, 

1 Caiphaip, Kephope, and Capehope mentioned in this account 
are various spellings of the same place. 

2 Book of orig : of Writs penes Macfarlane. 

3 Charta penes eund. 



Miles, in the years 1270 and 1272. 1 
He had issue two sons, 

I. Sir Nichol, his heir. 

II. Aymer de Rutherfoord, who, with 
many of his countrymen, was com- 
pelled to swear allegiance to King 
Edward istof England, anno 1296. 2 

He was succeeded by his eldest son, 

III. Sir Nichol de Rutherfoord, who 

appears to have had considerable pos- 
sessions ; for after King Edward I. 
had over-run Scotland, we find him 
swearing fealty to him for lands lying 
in different counties, 3 and is designed 
Nicholaus de Rutherfoord Chevalier, 
dominus Nicholaus de Rutherfoord, 
&c. anno 1296. He was father of 

IV. Sir Robert de Rutherfoord, de- 

signed Dominus de eodem, a great 
patriot and friend of King Robert 
Bruce. He is particularly mentioned 
in Barbour's history of that great 
prince. 4 He had issue a son, 



1 Chartulary of Kelso, penes eund. 

2 Prynne's Collect.. Vol. III. p. 655. 

3 Prynne's Collect. Vol. III. p. 651, &c. 

4 Barber, Nisbit, and Crawford. 



VI 

V. Sir Richard Rutherfoord, of that 
ilk, who succeeded him ; he is witness 
in a charter granted to the abbacy of 
Coupar, and is designed Ricardus 
dominus de Rutherfoord, anno 1328. x 

In a donation to the monastery of 
Dryburgh, by William de Felton, 
Ricardus Rutherfoord dominus ejusd., 
William de Bosville, Robert de Colvile 
are witnesses, anno 1338. 2 He was 
succeeded by his son, 

VI. William, who, in a donation to the 
monastery of Kelso, is designed Wil- 
lielmus de Rutherfoord, dominus ejusd. 
anno 1354. 3 

It seems that he was afterwards for- 
feited of part of his lands, though for what 
reason we know not ; but there is a 
charter under the Great Seal from King; 
Robert II., Johanni de Allen clerico 
regis, confirming a charter of King 
David, in which are these words : Omnes 
terras quae fuerunt quondam Ricardi de 
Rutherfoord infra vice comitatum de 
Lanark, quae nos contingunt ratione foris- 
facturae Wilhelmi de Rutherfoord filii et 
haeredis dicti quondam Ricardi contra 
pacem et fidem nostram existentis, &c. 4 

1 Chart, penes Macfarlane. 

s Chartulary of Dryburgh penes Magist. Erskine de Carnock. 

3 Chartulary of Kelso. 4 Chart, in pub. Archiv. 



Vll 

The charter is dated in 1357, and the 
confirmation is in 1377. He had issue a 
son, 

VII. Sir Richard Rutherfoord, of that ilk, 
who was in possession of all the 
estates and dignities of the family. 
He made a great figure in the reign 
of Robert III., with whom he was 
a mighty favourite. 

In a confirmation by that prince of 
a charter of William Turnbull of Minto, 
Willielmo Stewart nepoti suo, Ricardus 
de Rutherfoord dominus ejusd. is a wit- 
ness, anno 1390. 1 

This Sir Richard, being a man of parts, 
was appointed one of the Ambassadors 
Extraordinary to the Court of England, 
anno 1 398/ and managed his negotiation 
with dexterity and prudence. 

Soon thereafter he and his sons were 
made Wardens of the Marches, anno 
1400, and did their country signal service 
in repelling the insurrections on the 
borders. 3 He married Jane Douglas, by 
whom he had three sons, 

I. James, his heir. 

II. John of Chatto, &c. He was 
ancestor of the Rutherfoords of 

1 Chart, in pub. Archiv. 2 Rymer, torn. VIII. p. 54. 

Ibid. p. 162. 



s 



via 

Hunthill, who at last enjoyed the 
honours of Lord Rutherfoord, as 
will be shown hereafter. 1 

III. Nichol Rutherfoord, who got 
charters under the Great Seal of 
the lands of Grubet, Mackerston, 
and others, in the years 1426 and 
1430. He was ancestor of the 
Rutherfoords of Hundalee, &c. 

He was succeeded by his eldest son, 

VIII. James Rutherfoord, of that ilk, who, 
together with his brother Nichol, were 
appointed guarantees of a treaty with 
the English, anno 1449. 2 

He got charters under the Great Seal, 
Jacobo Rutherfoord de eodem, of the lands 
of Leithbert, Leithbertshiels, and many 
others, in the years 1451-1452. 3 He died 
soon after, leaving issue a son and successor, 

IX. James Rutherfoord, of that ilk, who 
in a gift of the patronage of the Kirk of 
Rutherfoord, which formerly belonged 
to the Earl of Douglas, is designed 
Alius et hseres quondam Jacobi Ruther- 
foord, de eodem, 13 July 1457. 

He appears to have been in great favour 
both with King James II. and III. 

1 Chart, in pub. Archiv. " Rymer feed. torn. XI. p. 254. 
3 Chart, in pub. Archiv. 



IX 

He was named one of the Conservators 
of a truce with the English, anno 1457. 1 

He was afterwards appointed one of the 
Wardens of the Marches, anno 1457. 2 

He got a charter under the Great Seal, 
Jacobi Rutherfoord de eodem, of the lands 
and barony of Hownam, Capehope, Swinset, 
and others, 8th August 1471. 3 

He got another charter de jure patronatus 
. ecclesise de Bethrule, &c, 13th June 1482. 4 

Also a charter of several other lands to 
him and Margaret Erskine, his spouse, dated 
14th December 1483. 5 

He afterwards got a charter from King 
James IV. terrarum baroniae de Edzerston, 
15th January 1492. 

He was appointed one of the Commis- 
sioners for settling the marches on the 
borders, under the designation of James 
Lord Rutherfoord, anno 1484. 6 

Also another charter from the same prince 
confirming a charter granted by Mr. Douglas, 
of Cavers, as superior of the lands of Ruther- 
foord and Wells, to himself and Richard 
Rutherfoord, his grandson and apparent 
heir, and his heirs male, which failing, to 
his second son, Thomas Rutherfoord, and 
Robert, his son and apparent heir, and his 
heirs male. The confirmation is dated on 
the said 15th day of January 1492. 7 

1 Rymer, torn. XI. p. 397. 2 Ibid. 

3 Chart, in pub. Archiv. 4 Ibid. E Ibid. 

c Rymer, torn. XII. p. 246. 7 Chart, in. pub. Archiv. 



X 



He died in the year 1493, and by the said 
Margaret, a daughter of the Lord Erskine, 
he had issue two sons and one daughter : 



& 



I. Philip, his apparent heir. 

II. Thomas, who at last became heir-male 
of the family, as will be shown hereafter. 

His daughter Christian was married to 
Sir Robert Ker, only son and apparent heir 
of Sir Walter Ker of Cessford, ancestor of 
the Duke of Roxburgh. 1 

X. Philip, eldest son and apparent heir of 
James Rutherfoord, of that ilk, married 
Elizabeth, daughter of the said Sir 
Walter Ker of Cessford (the two fathers 
being the parties contracters), by whom 
he had a son, Richard, who succeeded 
his grandfather, and two daughters : 2 

I. Helen, married first to Sir John Fore- 
man of Davine, Knight, and secondly 
to Andrew Rutherfoord of Hunthill, 
which appears by charter under the 
Great Seal, Andreae Rutherfoord de 
Hunthill et Helense Rutherfoord, 
ejus sposae, of the lands of Kephope, 



1 Charta penes ducem de Roxburgh, ad annum 1484. 

2 Contract ibid. Dispensation from Pope, for this marriage, 9th 
Nov. 1565, orig. bull. ibid. 



XI 

&c. 20th August 1529, but she had 
no issue to either. 

II. Catherine, married to James Stuart 
of Traquair. 1 She at last became 
heir of line of the Rutherfoords of 
that ilk, on which account the family 
of Traquair have ever since con- 
tinued to quarter the arms of Ruther- 
foord with their own. 

Philip died before his father, and 
was succeeded by his son, 

XL Richard Rutherfoord, of that ilk, 
who was served heir to his grandfather 
James on 5th May 1499, but he dying 
without issue, there happened several 
disputes with regard to the succession 
to the estate, between the heirs-male 
and the heirs of line. 

Thomas, uncle to Richard, served him- 
self heir-male to him, but Richard's eldest 
sister Helen reduced that service as heir of 
line ; but she dying without issue, as before 
observed, Sir William Stuart of Traquair, 
grandson of Catherine, served himself heir 
to the said Helen, his grandmother's sister, 
and got the lands of Rutherfoord and Wells 
confirmed to him as heir of line, but the 
barony and lands of Edzerston remained 
with the heir-male, viz. : Richard, son of the 

1 Chart, penes comitem de Traquair. 



Xll 

said Thomas, who got a charter under the 
Great Seal of the lands and barony of 
Edzerston, on 13th January 1559. This 
family still subsists, and they now design 
themselves Rutherfoords of that ilk. 

The next great branch of this ancient 
family is Rutherfoord of Hunthill, 
descended from John of Chatto, before 
mentioned, to whom we now return. 

VIII. John Rutherfoord, second son of 
Sir Richard Rutherfoord of that ilk, 
got a grant of the lands of Chatto from 
Archibald, Earl of Douglas, anno 
1424. ' 

He was succeeded by his son, 

IX. Robert Rutherfoord, of Chatto, 
who got a charter under the Great 
Seal to him and Margaret his wife, 
mediae partis villas de Scaresburgh, 
dated 18th January 1466. 2 

He lived after the year 1500, and by the 
said Margaret left issue a son, 

X. Andrew, who got a charter under the 
Great Seal, Andreae Rutherfoord de 
Hunthill, of the lands of Kephope, 
and many others, dated 20th August 
1 529. 3 

1 Haddington's Collect. 2 Chart, in pub. Archiv. 

3 Ibid. 



Xlll 



He was the first of the family we have 
found designed by this title, and was suc- 
ceeded by his son, 

XL John, who got two charters under the 
Great Seal, Johanni Rutherfoord de 
Hunthill, of several lands and baronies, 
in the years 1535 and 1537. 

He left issue a son, 

XI L John Rutherfoord, of Hunthill, who 
succeeded him, and was designed " the 
Cock of Hunthill ; " he left issue three 
sons : x 

I. Thomas, his heir. 

II. John Rutherfoord, father of John 
of Bankend, whose male line is said 
to be extinct. 

III. Richard Rutherfoord, of Little- 
haugh, who carried on the line of 
the family, of whom afterwards. 

He was succeeded by his eldest son, 

XIII. Thomas, who got a charter under the 
Great Seal, Thomae Rutherfoord, filio 
et haeredi Johannis Rutherfoord de 
Hunthill et suae sposae, of several 
lands, 30th June 161 2. 

He was father of 

1 Chart, in pub. Archiv. 



XIV 

XIV. John Rutherfoord, of Hunthill, 1 who 
was served heir to his grandfather, 
John, and left issue three sons : 

I. Sir Thomas. 

II. Archibald. 

III. Robert. 

These three brothers were all successively 
Lords Rutherfoord. 

He was succeeded by his eldest son, 

XV. Sir Thomas Rutherfoord, of Hunt- 
hill, of whom more hereafter. 

We now proceed to give an account of 
the first Lord Rutherfoord. 

WILLIAM RUTHERFOORD, 2 of 
Ouarryholes, a cadet of the family of Hunthill, 
about the year 1600 married Isabel, daughter 
of James Stuart, of Traquair, by whom she 
had a son, 

ANDREW, afterwards LORD RUTH- 
ERFOORD, and a daughter, Christian, 
married to Robert Durie of Grange, in the 
county of Fife, where descendants claim the 
peerage, as will be shown hereafter. 

This Andrew, betaking himself to a mili- 
tary life, went into the French service, where 
he soon obtained a company of foot. He 
gave so many testimonies of his valour and 
conduct, that he quickly rose to the rank of 

1 Retour in cancellaria. " History of Royal Family, p. 176. 



XV 

Lientenant-General, and acquired great repu- 
tation for his knowledge of the art of war. 

He continued in the French service till 
the restoration of Charles II. He then came 
over to England, and having been particu- 
larly recommended to his Majesty by the 
King of France, he soon became a favourite, 
and was raised to the dignity of the peerage 
of Scotland, by the title of Lord Rutherfoord, 
19th January 1661. 

The patent 1 contains many clauses very 
honourable for this great man, but we shall 
here only narrate what concerns the dignity 
and honours. 

Creasse etc. ipsum Andream Rutherfoord 
ejusque hceredes masculos ex corpore suo 
legitime procreatos sen procreandos ; quibus 
deficient ibus ; quamcunque aliam personam seu 
personas, quas sibi, quod vixerit, quinetiam in 
articulo mortis, ad eum succedendum, ac fore 
ejus hceredes tallies et provisionis in eadem 
dignitate nominare et designate placuerit, 
secundum nominationem et desionationem manu 
ejus stibscribendam ; subque provisionibus, 
restrictionibus et conditionibtcs, a die to Andrea, 
pro ejtis arbitrio in dicta designatione expri- 
mendis : ac dedisse etc. et ejus antedict. dictum 
tituhmi, honorem et dignitatem, et gradum 
Domini parliamenti ut ita tempore futuro 
vocitentur et denominenhir cum potestate sibi, 
suisque antedict. denominandi et designandi 
semitipsos Dominos Rutherfoord, etc. etc. 

1 Diploma in pub. Archiv. 



XVI 

This lord continued in great favour with 
His Majesty, and was appointed Governour 
of Dunkirk. He managed the sale of that 
important place with such dexterity, and so 
much to the King's satisfaction, that imme- 
diately upon his return home he was created 
Earl of Teviot, by patent to the heirs-male 
of his body, dated ist February 1663. 

Soon thereafter he was appointed Gover- 
nour of Tangier, and according to the power 
given him by the Crown in his patent of 
Lord Rutherfoord, he by his deed of settle- 
ment, duly signed and executed by him at 
Portsmouth, the 23rd day of December 
1663, did nominate and appoint Sir Thomas 
Rutherfoord of Hunthill to succeed him in 
his whole estate and dignity of Lord Ruther- 
foord, to him and his eldest son, which failing, 
to his nearest heirs-male. 

This noble lord, immediately after exe- 
cuting this deed, went and took possession 
of his Government of Tangier ; and having 
made a sharp and bold sally upon the Moors, 
they were so well prepared to receive him 
that he and his whole party were cut off 
on 3rd May 1664; and he having no issue, 
the honours of Rutherfoord, according to the 
above destination, devolved upon Sir Thomas 
Rutherfoord, of Hunthill, before mentioned, 
to whom we now return. 

XV. Sir Thomas Rutherfoord, of Hunt- 
hill, eldest son of John, thus succeed- 
ing to the estate and honours of Ruther- 



xvu 

foord,anno 1664, was accordingly served 
and retoured heir of tailzie in general 
and special to Lord Andrew, 16th 
March 1665, 1 before a jury of two 
peers, the lord president, six lords of 
session, the lord register, King's advo- 
cate, three or four knights, &c, and 
was second Lord Rutherfoord. 

He got a charter under the Great Seal, 2 
with a novo damus Thomse Domino Ruther- 
foord, and took his seat in Parliament 
accordingly. 

But he, dying without male issue anno 
1668, was succeeded by his brother, 

XVI. Archibald, third Lord Rutherfoord, 
who was served heir in special to him 
in his whole lands, titles, and dignities 
on 8th March 1680. 3 

He also sat in Parliament as a peer, 
but dying without male issue, anno 1685, 
the estate and honours devolved upon his 
brother, 4 

XVII. Robert, fourth Lord Rutherfoord, 
who sat as a peer in the Parliament of 
Scotland till the Union, and thereafter 
voted at the elections for the sixteen 

1 Retour in cancellaria. 3 Retour ibid. 

2 Chart, in pub. Archiv. i Records of Parliament. 



XV111 



Scotch peers, but he dying also without 
male issue, anno 1724, the honours 
have since been claimed by the next 
collateral heir-male, viz., Captain John 
Rutherfoord, lineally descended from 
Richard Rutherfoord, of Littlehaugh, 
above mentioned, to whom we now 
return. 

XIII. Richard Rutherfoord, of Little- 
haugh, third son of John, called " the 
Cock of Hunthill," and granduncle of 
Thomas, the second lord, was father of 

XIV. John Rutherfoord, designated of 
Capehope, who had issue two sons : 

I. Walter (of Capehope), whose male 
line is extinct. 

II. John. 

XV. John Rutherfoord, second son of 
John, of Capehope, was designed of 
Kirkraw ; he had issue a son, 

XVI. Captain John Rutherfoord, who 
claimed the honours of Rutherfoord, as 
heir-male to Robert, fourth lord, and 
was accordingly served and retoured 
heir-male to him, 2nd September 1737. 
His connection and descent being 
fully and distinctly proven before a 



XIX 



jury of the most considerable gentle- 
men of the County of Roxburgh, he 
thereby became fifth Lord Ruther- 
foord. 1 In like manner his son, 

XVII. Alexander Rutherfoord, who also 
claims the same honours, and (if his 
title is sustained by the House of Peers) 
will be sixth Lord Rutherfoord. 





Seal of Aymer de Rotherford, 

del Countd de Rokesbrug, 

A.D. 1296. 



Seal of WiLLrAM de Rotherford, 

persone del Eglise de Lillesclym-, 

A.D. 1296. 



1 Which service (as heir-male) has always stood without being 
the least shaken. What would appear to give the service greater 
force was the attempt of Durie of Grange to oppose it, and an 
action for reduction of the same before the Session in 1738 by- 
Henry Ker of Graden, grandnephew and heir-general of Robert, 
last Lord Rutherford, both of which were unavailing.— RiddelVs 
Law and Practice in Scottish Peerages. 



XX 

ALEXANDER RUTHERFOORD, sixth 
Lord Rutherfoord, above referred to, voted at Peers' 
election in 1752 and 1754, and his petition was pre- 
sented to the House of Lords by the Earl of Bute 
in 1761 ; but dying soon afterwards unmarried, the 
representation fell to the son of Margaret Ruther- 
foord, sister of the fifth lord, who married Charles 
Scott, second son of Sir John Scott, Baronet, of 
Ancrum. Charles Lord Elphinstone presented, in 
1743, protest in behalf of her brother John Lord 
Rutherfoord, " undoubted successor to the title and 
dignity of Rutherfoord." 

Charles Scott was a brave and devoted adherent 
of the House of Stuart. In 171 5 he joined in the 
attempt to place the Chevalier St. George upon the 
throne ; was forfeited, and died in the Tower of 
London. By his wife, Margaret Rutherfoord, he 
had issue three daughters and a son, 

John Scott, called of Belford, County Roxburgh, 
de jure seventh Lord Rutherfoord. He was also a 
loyal supporter of the Stuart cause, meeting Prince 
Charles-Edward at Kelso, on the 4th November 
1745, with all the money he could raise. 

After the death of Alexander, sixth Lord Ruther- 
foord, his position, in consequence of the part he 
took in the events of 1745, and his impoverished 
condition consequent thereon, prevented his claiming 
the peerage. He had, however, moved in the matter 
previously. 1 On the 14th March 1738, he appeared 
as representative of John, fifth Lord Rutherfoord, 
at the election of the sixteen representative peers, 

1 Retour of John Scott as heir male to Robert, last Lord 
Rutherfoord. 



XXI 

and when the name of the holder of the title was 

called, presented the following memorial. 1 . 

per hos probos et fideles patricz hominos sztbscriptos, 

viz. : — 

DOMTNUM GuiLIELMUM KeRR DE GrEENHEAD. 
DOMINUM DaVIDEM BeNNET DE GRUBBET. 
DOMINUM JOHANNEM SCOTT DE ANCRUM. 
DOMINUM ALEXANDRUM DON DE NeWTOUN. 

Robertum Kerr Armigerum. 
Patricium Murray de Cherreytrees- 
Jacobum Edmonstone de Ednam. 
Walterum Scott de Harden. 
Georgium Rutherford de Fairnington. 
David em Rutherford de Capehofe. 
Carolum Kerr de Chatto. 
doctorem johannem rutherford de 

Haddonsyde. 
Jacobum Rutherford de Bowland. 
johannem glaidstanes de whytlaw. 
Jacobum Rvtherfoord Chirurgum de 

Jedburgh. 

Qui jurati dicunt, magno Sacramento interveniente, 
quod quondam Robertus Rutherfoord ultirmts Domimts 
Rutherfoord, filius fuit Johannis Rutherfoord, qui 
fuit filius Thomce Rutheifoord, qui fuit films legitimus 
natu maximus Johannis Rutherfoord de Hunthill, 
communiter vocat. " The Cock" nepos fratris proavi 
Capitani Johannis Rutheijoord, latoris prcesenthim, 
qtii fuit filius Johannis Rutherfoord de Kirkraw, 

1 Robertson's proceedings. 



xxu 



qui fait filius Johannis Rutherfoord de Capehope, qui 
fuit filius Ricardi Rutherfoord de Littleheugh, fratris 
germani diet, quondam Thomce Rutherfoord, filii dicti 
quondam Johannis Rutherfoord de H tint hill ; et quod 
diet. Capitanus Johannes Rutherfoord est legitimus 
et propinquior hares masculus, et provisionis diet, 
quondam Roberto tiltimo Domino Rutherfoord, nepoti 
fratris proavi sui, et quod est legitimes cetatis, etc. 

John Scott, of Belford, married Marion Baillie, 
daughter of Alexander Baillie, of Ashestiel, 
Selkirkshire, and had issue five daughters. 
The eldest, 

Agnes Scott, heir of line of John, fifth Lord 
Rutherfoord, married Thomas Cockburn of 
Rowchester, Berwickshire, and had five sons 
and seven daughters. 




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XX111 

Grant from the Abbot of Jedburgh to Robert Ruthirfurd 
of Chattow and his Wife of Lairs in the Abbey, 13TH 
July 1464. 

Be it kend till almen be thir presents letter is, Ws, Andrew, throw 
the grace off God Abbot of ye Abbay of Jedworth, with consent and 
assent of our halle convent, till haff graniyt, and be thir present 
letteris grant is til our weylbelufyt Robert off Rudirfurd and Chattow, 
and Margaret hys wyff, t/iar laris within the quher of our Abbay of 
Jedworth, in the mydeis of the sam nixt the utmost grese (steps) quhar 
ye lecteron standis, quhen that God wesys tham to pass off this warlde, 
and to la thar ihroioch quhen it plessis tham in ye sayd place. For 
ye quhylk laris in ye said quher we grant ws fullely content and pay 
it. In witness of ye quhylk thingis we haff set the common sell of our 
Abbay till thir present letteris at the sayd Abbay of Jedworth, this xiii 
day of ye moneth of July in the zher off God a thousand four hundreth 
sixty and four zheris, befoir thir witness, Dene Phelip Waleyss, 
Supprior of our Closter, Dene Walter Mol, Dene Water Fyl, Dene 
Johne Cant, Dene Alexander Geddes, Dene He7idry off Glasgow, 
Dene Wylliam of Jedworth, and Dene James of Dry burgh, Chanonis 
of our sayd Abbay, and diuers vthers. 



Division of Choir of Jedburgh Abbey by the Presbytery 
between the Families of Rutherfurd, a.d. 1666. 






E. 


a, 


&rcz*svrtj*&<***4_.. 


F. 


a 


3£a_ Jp twcm*&u 


G.G 


A 


X~~t£ML- 


H. 


J, 


PrlWs/LtuC . 



XXIV 



RUTHIRFURD of that Ilk. 




Coat of Ruthirfurd of that ilk, a.d. 1260. 

Sir Nichol de Ruthirfurd was compelled to 
sign the Ragman Roll with the other nobles of Scot- 
land in 1296. His forced homage did not, however, 
prevent his being amongst the first barons who 
joined Sir William Wallace, whom he met in Ettrick 
forest with a well-armed company of sixty warriors. 
Blind Harry, who wrote his history in 1490, says — 

" Gud Ruthirfurd, that euir trew has beyn, 
In Atryk wode agayn the sotheroun keyn, 
Bydyn he had, and done them mikell der, 
Saxte he led off nobil men in wer." 

It is believed that, besides being related by mar- 
riage to Marion Braidfute, heiress of Lamington 
(the patriot's wife), Sir Nichol de Ruthirfurd was 
connected with Wallace himself, probably through 
the Halidays. " Thorn Haliday's twa gud sonnis, 
Wallas and Rudyrfurd," are mentioned by Blind 
Harry. Haliday was Wallace's sister's son. 

Sir Robert de Ruthirfurd, his son and successor, 
was the devoted friend and companion of Robert 



XXV 



the Bruce ; and went, it is said, with the good Lord 
James Douglas to carry his heart to Palestine, and 
fell with him fighting against the Moors in Spain 
25 th August 1330. 

James Ruthirfurd of that Ilk, grandson of Sir 
Richard de Ruthirfurd and his wife, Jean Douglas, 
had, besides the estates mentioned by Sir Robert 
Douglas, grant of the Barony of Broundoun from 
King James IV., 15th January 1492. He died in 
the following year. His son Philip married Eliza- 
beth, daughter of Sir Walter Ker of Cessford. She 
remarried Sir Walter Scott of Bukcleuche and 
Branxholm. From this marriage descended Ann, 
Countess of Bukcleuche, who, when twelve years old, 
was married to Monmouth, son of Charles II. and 
Lucy Walters, then aged fourteen, who was created 
forthwith Duke of Bukcleuche. Their eldest son 
was born nine years after their marriage, and died 
young ; from the second son, James, descends the 
present Duke of Buccleuch. 

Philip Ruthirfurd's sister Christian married Sir 
Robert Ker, only son of Sir Walter Ker of Cessford. 
From this marriage descended Sir Robert Ker, 
created Earl of Roxburgh, upon whose death in 
1650 the title and estates went to his nephew, Sir 
William Drummond, who assumed the name of Ker. 

Philip Ruthirfurd was succeeded by his son 
Richard, but he dying without issue, Helen his 
sister succeeded ; x she dying also without children by 
any of her four husbands, a fierce contest ensued 

1 It appears that John, second son of James Ruthirfurde of 
that ilk, had four sons — James, Robert, Thomas, and William, 
who on the death of Richard, Philip's son, without issue in 1502, 
were set up as claimants of the estates, for on 5th February 1505 
Mr. James Henderson, advocate, craved a note of Court on 

D 



XXVI 

between her uncle Thomas Ruthirfurd and the 
Stuarts of Traquair, and their allies the Kers. 
Catherine Ruthirfurd, Helen's sister, had married 
James Stuart of Traquair, and was herself in bad 
odour with the Government, being declared a rebel 
on the 8th November 1532, and all her property 
ordered to be escheated for " tressonable assistance 
given to Archibald, sumtyme Erll of Angus." Her 

behalf of Helen Ruthirfurd, that John Forman, advocate for 
Thomas and Robert Ruthirfurd, alleged that " the late John of 
Ruthirfurd's bairns were bastards;" and on this Mr. J. Henderson 
argued that the said Thomas and Robert had no interest against 
the said Helen. No doubt these four sons were illegitimate, as 
they do not appear to have had any position subsequently. 

' No proceedings were too daring not to be attempted to 
deprive the heir-male of his rights. Notice is found of an action 
raised 7th January 1506-7, in the name of "the Crown, against 
James, Robert, Thomas, and William Ruthirfurd, sons of the late 
John Ruthirfurd, second son of the late James Ruthirfurd of that 
ilk, and against Thomas, Andrew, and Robert Ruthirfurd, sons of 
the deceased James, for the reduction of a charter of tailzie of 
the lands and lordship of Edgerston, barony of Broundoun, half 
barony of Hounam, i.e., Capehope, Grunzenstown, Philogar, and 
part of Maxtoun, granted to the said James Ruthirfurd, deceased, 
and after his decease to Richard Ruthirfurd and the heirs-male 
of his body, then to the late John Ruthirfurd and the heirs-male 
of his body, then to the said Thomas, brother of the said John, 
then to the said Andrew and Robert and their heirs-male, then to 
the surname of Ruthirfurd whatsoever ; and of a charter of confir- 
mation granted of the lordship of Ruthirfurd by William Douglas 
of Cavers, because said charters were granted by the King while 
under age." 1 

No doubt this attempt was made in the hopes that if successful 
new grant would be obtained by the influence of the unscrupulous 
Foremans to Helen and her first husband, Sir John Foreman, 
brother of Andrew, Bishop of Moray, afterwards Archbishop of 
St. Andrews. " This prelate, the successful rival of Gawin Douglas, 
was eminent for his talents, his ambition, ecclesiastical preferments, 
his civil appointments, his avarice, and his duplicity." 2 

1 Acta Dominorum Concilii, vol. xviii. , p. 72. 

2 Sir Robert Sibbald's Hist, of Fife, p. 256. 



xxvn 

son William Stuart, however, got possession as heir 
of line of the estates of Ruthirfurd and Wells, with 
the fishings on the Tweed, and laid claims also to 
Edeerston. The feud was wagfed with such vehe- 
mence that in 1536 all the gentlemen of Stirling, 
Perth, Menteith, and Linlithgow were charged to 
pass with the Regent to the siege of Edgerston 
Castle. This stronghold was rebuilt at the expense 
of the Crown by David II., and the keepership given 
to Sir Malcolm de Ruthirfurd " for the good service 
done by him and his predecessors against their 
ancient enemies in England." 

In 1559 the quarrels were at last settled between 
Richard Ruthirfurd of Edgerston and his cousin Sir 
John Stuart of Traquair (son of William of Traquair 
by his wife Christian, daughter of Hay of Yester) ; 
the latter signing confirmation of Crown Charter of 
Edgrerston " Consansoiineo suo Ricardi de Ruthir- 
furd." The estates of Ruthirfurd and Wells de- 
scended to the Earls of Traquair, who eventually 
sold them, loyally devoting the proceeds to the 
service of Prince Charles Edward. 1 The superiority 
of Edgerston, which had remained with the Stuarts 
claiming as heirs of line, was resigned to John 
Ruthirfurd of Edgerston in 1634 by John Stuart 
Earl of Traquair. 

Richard Ruthirfurd of Edgerston was succeeded 

by his eldest son of the same name. He is stated 

1 Rutherfurd estate was possessed for some time by the Dons, 
afterwards by others, and was sold last to Mr. Edmund Antrobus, 
cr. a baronet in 1S15, who, through some misapprehension, had 
granted to him, as ornaments to his own coat of arms, the white 
horses borne by the Lords Ruthirfoord as supporters (after the 
peerage was conferred upon the gallant Andrew Ruthirfoord), 
whose ancestors did not carry them, and from whom the said 
Barony of Ruthirfoord had passed three hundred years before. 
The estates erected into Barony of same name by the Lords 
Ruthirfoord were in a different district altogether. 



XXV111 

in the printed account of the family, 1 in which he is 
called Thomas, to have had, like his contemporary 
and cousin " Stout Hunthill," nine sons to assist him 
in the exploits which made him famous and feared 
on both sides of the border. 2 It appears, however, 
by an MS. history of the Ruthirfurds, written about 
1 700, that he was aided, not by his sons, but by his 
" six brethren," one of whom was John of the Tofts, 
described as a man of prodigious strength and 
valour, with six fingers on each hand, and six toes 
on each foot. Philip, tutor of Edgerston, and Gil- 
bert of " The Aicks," are mentioned as two others. 
Philip was appointed tutor for his nephew Thomas, 
which is sufficient confirmation of the correctness of 
this statement. Richard, the Gude Edderstane, was 
at the fight of the Red Swyre in 1575, and lived for 
more than twenty years afterwards. He married 
Jean Elliot, sister of the chief of the Elliots, and his 
son Thomas, called " The Black Laird," from his 
swarthy complexion, married his kinswoman of the 
same name, 2 daughter of William Elliot of Larriston, 
by his wife Mary, daughter of Sir Walter Scott of 
Buccleuch, and his wife the Lady Margaret Douglas, 
daughter of the Earl of Angus. 

John Ruthirfurd of Edgerston, grandson of 
the Black Laird, was a gallant soldier and 

1 Burke's Landed Gentry, page 1391, edit. 1879. 

" It has, however, been stated that this Jean was the daughter of 
Robert Elliot of Redheuch, who married in 1589 the daughter of 
Sir Thomas Carleton of Carleton Hall, Cumberland. Jean's 
brother, Robert of Redheuch, married Lady Jean Stewart, 
daughter of the above-named Lady Margaret Douglas, by her 
second husband, Francis, Earl of Bothwell. The able antiquarian 
Mr. Eiddell-Carre of Cavers-Carre, in his " Border Memories," has 
adopted this version, and it is verified by the copy of an old 
funeral escutcheon preserved in the Lyon Office. Be this as it 
may, the idea that the Black Laird married both the Jean Elliots, 
first the aunt and then the niece, and led his sons to the Red 
Swyre, is erroneous. The date of his service as heir to his father, 
Richard, is 15th March 1605. 



XXIX 

bravely supported the cause of Charles II. He 
raised a troop of horse at his own expense, and went 
at their head to the battle of Dunbar, where he was 
severely wounded, and all but five of his men slain. 
He then assisted his brother Andrew to raise 
another company, which he led with spirit equal to 
his brothers, going with his men to Worcester, 
and there was deputed to hold the bridge with the 
assistance of another company, which he did long 
and gallantly, " making the rebels flee before his 
sword like swallows," until they forced before them 
a large herd of cattle, which, pressing upon them, 
broke their ranks, and many of his followers fell, and 
he himself lost his leg. After the Restoration the 
King made him postmaster of Newcastle, with a 
salary of five hundred pounds a year. His brother 
had new charter of Edgerston and Broundoun 
baronies, with all towers, fortalices, manor-place, 
mills, &c, ratified by Parliament in 1672. He was 
father of Andrew Ruthirfurd of Edgerston, who 
died unmarried, having executed a strict entail of 
the estates, and of Thomas (styled of Wells before 
he succeeded to Edgerston, — this property having 
been regained by the Ruthirfurds). 

Thomas Ruthirford, who was an Advocate by pro- 
fession, obtained, during his father's lifetime, assign- 
ment from Robert, last Lord Ruthirfurd, of the 
residue of his estate, Scraisburgh or Hunthill, 
erected into the Barony of Ruthirfurd, the 
greater portion of their broad lands having been 
disposed of by him to Sir John Scott of Ancrum. 
With his lands Lord Ruthirfurd made over also the 
reversion of his title (George Ruthirfurd, his cousin, 
the next heir-male, having died without male issue), 
and received an annuity from Edgerston to enable 



XXX 

him to live in England and support his position 
creditably. After this arrangement the Laird of 
Edgerston assumed the ancient designation of his 
race, and the family have since been styled of 
that Ilk. 

John Ruthirfurd of Edgerston and that ilk, seven- 
teenth Baron in succession from Hugo de Rodyr- 
ford, sat in Parliament for Roxburghshire. 

The warlike proclivities of his race prompted him 
to accept the command of an independent company 
during the war with the United States, and he was 
killed at the disastrous attack upon Ticonderago in 
1758, where the 42d Regiment, in which his nephew 
was captain, covering the retreat of the British 
troops, had twenty-five officers, nineteen sergeants, 
and six hundred and five men killed or wounded. 

Sir John Ruthirfurd, this gentleman's father, 
quartered the coat armour of Ruthirfurd with that 
of Riddell of Minto, of which family his mother was 
representative and heiress ; and instead of the old 
crest, a cock, with the word Provyde, which had come 
to be borne by so many families of the name, he took 
a martlet volant, and the motto Nee sorte nee fat 0. 




Sir John Ruthirfurd of Edgerston and that ilk, 1720. 



XXXI 



RUTHIRFURDS OF BOWLAND AND OF 
FAIRNINGTON. 

The Rutherfurds of Bowland, a modern cadet of 
Edgerston, possessed considerable property. Be- 
sides the estate from which he and his successors 
took name, Robert Rutherfurd, first of Bowland, 
purchased from Lord Elibank Hollinglee and 
Thornilee, in Ettrick Forest, in 1712, for thirty-six 
thousand merks. On the 25th January 1728 his 
widow, " Anna Murray, Lady Bowland, resigned 
the annuity settled upon her at her marriage to 
James, her only son, because she had sufficient com- 
petency." 

The present family, possessed of Fairnington, de- 
scends from Thomas, third brother of the Laird of 
Edgerston, killed at Ticonderago. They carry the 
arms borne by the Ruthirfurds of Langnewton and 
their representatives, the first styled of Fairnington, 
with the crest and motto used by Sir John Ruthir- 
furd of Edgerston. the martlet being however, as in 
the arms, not volant, as is also now the custom with 
Edgerston. 



xxxn 



RUTHIRFURD OF THE TOWNHEAD. 




Coat of John of the Townhead, and John the Lorimer, 1640. 

From Archibald Ruthirfurd of the Townhead, 
second son of Thomas Ruthirfurd, first of Edger- 
ston, descended the family which continued for 
some generations to be thus styled. The represen- 
tative was latterly designated of the Hall. John of 
the Townhead had sasine in 1633, and on 2 2d Feb- 
ruary of the same year he had the Castlewood Fields. 
His son, Thomas of the Hall, married Elizabeth 
Rae, and their son, William of the Hall, who bought 
Wall, in Northumberland, "set over his house the 
coat of arms of Edgerston, with ane rae in base for 
difference." Several of this family were Provosts 
of Jedburgh, and a descendant, Robert Ruthirfurd, 
filled that chair in 1820. In 1666, Thomas Ruther- 
ford of the Hall, and John " The Lorimer," a scion 
of same stock, had apportionments in the choir of 
Jedburgh Abbey. 



xxxm 

Of the descendants of the youngest son of Thomas 
of Edgerston, John Ruthirfurd, called "Jok of ye 
Greene," nothing is known with certainty. He was 
denounced a rebel with the chiefs of his race in 
1550. But in 1563 his sons Adam and Charles 
were accepted as sureties for their cousin the Laird 
of Edgerston. On the 2 2d January in that year 
both Adam and Charles were in ward in Edinburgh, 
and " Johnne Rutherfurd of Hunthill, Nicholl Ruthir- 
furd of Hundoley, Ormiston of that Ilk, and Richart 
Ruthirfurd of Edgerstoun, cautionaris and souerties, 
that they sail nocht evaid nor eschaip outwith this 
brucht of Edinburch, but sail remane continualie 
thairintill quhill the tent day of Februar nix to cum, 
under the pane of ten thousand pundis." 




EDGERSTON 



XXXIV 



RUTHIRFURD OF CHATTO AND 
HUNTHILL. 



PRO 



V YD 





Arms of Robert Ruthirfurd of 
Chattow, 1460. His son Andrew of 
Hunthill and Chatto quartered the 
Coa; of Glendinning with his owru; i.e., 
quarterly argent and sable, a cross 
parted per cross indented and counter- 
charged of the same. 



Ruthirfurd of Hunthill, T550. It has 
been thought by some that the piles 
blazoned thus in the later coat were 
not passion nails, but adopted as a 
mark of their descent from the 
Glendonwyns or Glendinnings. 



Robert Ruthirfurd of Chatto, second son of Sir 
Richard de Ruthirfurd and Jean Douglas, had his 
charter from the over-lord, Archibald, Earl of Douglas, 



XXXV 



in 1424, and was appointed by him in the following 
year, along with his brother James of that ilk, and 
other proprietors in the neighbourhood, to fix the 
march between the Monastery of Melrose and the 
Hages or De-Hagas of Bemersyde. Although 
they had been most generous donors of land to the 
Church, the Haigs had a constant struggle to keep 
their own from the grasp of the Abbots ever since 
the tribute of ten salmon (to wit, five fresh and five 
old) yearly was compounded in 1292 for half a stone 
of wax for the Chapel of St. Cuthbert by Petrus de 
Haga, who had bestowed upon the Church of St. 
Mary, Dryburgh, broad lands for the welfare of his 
soul, and that of Katerine, his spouse. The Abbot 
David and his monks now sought, by the threat of 
excommunication and its dreadful consequences, to 
make John Hage, Lord of Bemersyde, give up some 
of his ancestral acres. " This perambulation was 
doone the sixtene day of November in the ziere 
of God 1425, and the marches devydit betwixt Rid- 
peth and Bemersyde." Robert's son George had 
confirmation of Chatto under the Great Seal in 1429. 

Robert Ruthirfurd of Chatto was known on the 
borders as " Robin with the Tod's Tail," a not high- 
sounding sobriquet, but one honourably gained by 
him on the memorable morning of the 15th August 
1388. Detached with a band of trusty followers 
from the main body of the Scottish force, he led his 
men in the early dawn round the back of a hill, with, 
for want of a better standard, a fox's tail fixed on the 
end of his lance, and, falling upon the flank of the 
English, greatly contributed to the victory gained by 
his countrymen on the field of Otterburne. 

His grandson, Robert of Chattow, by his marriage 
with the daughter of Sir Simon Glendonwyn of that 
ilk, largely increased his estate, her dowry being the 



XXXVI 



Barony of Scraisburgh. Sir Simon at that time had 
immense properties, and got this barony (which once 
belonged to the Comyns) and Auld Rokesburg, &c, 
in the shire of Roxburgh, from the Earl of Douglas 
in 1406. 

Katherine Ruthirfurd, sister of Robert of Chatto, 
married William, eldest son of William Cockburn of 
Henderland. They had joint charter of Sunderland 
Hall 30th July 1474. Their son, " Perys of Cock- 
burn," was ruthlessly put to death in sight of his 
wife Marjorie, by James V. in his memorable expedi- 
tion, made with the intent, as he said, to cause " the 
rush bush keep the cow." Margaret, daughter of 
William Cockburn and Katherine Ruthirfurd, was 
married to Sir Walter Scott, the first Baron styled of 
Buccleuch. 

Robert's grandson, Andrew of Chatto, who took 
the designation of Hunthill, added to his possessions 
by his marriage with his kinswoman, " that honor- 
able ladye Helen Ruthirfuirde, ladye of that ilk," 
who inherited Capehope as her own patrimony, of 
which charter was then given under the Great Seal, 
29th August 1529, to him and his wife Helen in 
conjunct fee. Dying without issue, he was succeeded 
by his brother, John Ruthirfurd, who had charter 
under the Great Seal, 20th March 1536, of the 
Baronie of Scraisburg, alias Hunthill. On the 8th 
November 1555, the Queen's letter of charge was 
obtained at the instance of Stuart of Traquair order- 
ing the sheriff "to desist from serving Jhonne 
Ruthirfurd of Hunthill as air to vmquhile Andrew 
Ruthirfurd, his brother, in the lands and baronie of 
Capehope, allegit to haif bene resignit be vmquhile 
Helen Ruthirfurd of that ilk, spous to the said 
Andro," because, besides for other reasons given, 
" thair is deidly feid betwix the Ruthirfurds and 



XXXV11 



the Kerris, and the said Jhonne is alhay with the 
Kerris, and has the Laird of Cessfurd's dochter to 
his wyffe . . . quhilk mycht provoke ane gret 
inconvenient," &c. The injunction, however, does 
not appear to have been acted upon, and his son 
inherited Capehope with the other estates. 

John of Hunthill's brother William appears by a 
deed of 1544 to have been tutor to William Ruthir- 
furd of Langnewton, and to have had possession of 
those " 140 acras terrarum jacentes inter lapides 
arenosos, vulgariter dictos le Sandystanys et Over 
Aulcrum, quas quondam Georgius Ruthirfurd tenuit, 
et easdem forisfecit per crimina proditiorie tradi- 
tionis." He married Christian, daughter of Chris- 
topher Armstrong of Mangerton, 1 whose brother, 
John of Gilnockie, was so cruelly put to death by 
James V., who gave possession by deed under his 
own hand to the Lord Maxwell of the lands " escheat 
through justifying the said Johnnie to death," quhilk 
many Scottismenne heavilie lamented, for he was ane 
doubtit man, and als guid a chiftane as evir was 
vpon the borders. 

John Ruthirfurd of Hunthill, son of John and 
Isabel Ker, was a very noted chieftain ; he was 
commonly called the Cock of Hunthill. In 1565, 
with the chiefs of Ferniehirst and Cessford, Mow of 
that ilk, and Ker of Littledean (who married his 
sister Isabel Ruthirfurd), he signed a bond to stand 
by Queen Mary, for which Queen Elizabeth made 
them suffer. In 1570 the Earl of Sussex and Lord 
Hunsdon wrote to their mistress, informing her that 
" they had brunte two miles on each side of the river. 
On the 1 7th inst. we began with Fairnhurst (which 

1 " Cristofer Armstrong, calit Johne's Pope." — Sup. to Min- 
strelsy of Scottish Border, vol. i., p. 415. He was styled also 
" Johnne's Christe." 



XXXV1U 

stood marvellous strong in a great wode, Lord Surrey- 
told Henry VIII.), and Hunthylle, and brunt and de- 
faced their castills and all the housys about them." In 
1 5 75, at the battle of the Red-Swyre," Stout Hunthill" 
was there " with his nine sons him about," when 

The Ruthirfurds with gret renown, 
Convoyed the town of Jethart out, 
All boldly foucht that day. 

In 1588 King James came with a large force to 
compel the Laird of Hunthill's sons, the Laird of 
Ormiston's sons, and the Laird of Greenhead's sons 
to " enter themselves prisoners into England," as 
they could not make reparation for the injuries done 
by them to the English. John "the Cock" is said 
to have married secondly a daughter of Ker of 
Greenhead. What became of six of his sons is 
uncertain. Sir Walter Scott says that they were 
executed by King James VI. 's orders. 1 If they 
went into England, no more appears to have been 
heard of them. Thomas, his second son, succeeded 
him, and John, called Master John in deeds, Sheriff- 
Depute of Roxburghshire, and Richard of Little- 
heuch, are the only three whose names appear sub- 
sequently, except William's, the eldest son, who was 
alive in 1592 ; as it appears that on 28th Septem- 
ber in that year Andro Ker of Phairnihirst, John 
Ruthirfurd of Hunthill, and William Ruthirfurd, 
apparent of Hunthill, were denounced rebels for 
not appearing " to answer twiching the treason- 
able resett, and intelligence had betwix them and 
Frauncis, sumtyme Erll of Bothuill." He may 
have been judicially murdered at one of these 
assizes, and suffered "Jethart justice " with his 
brothers. At all events he died before his father, 
for the second son succeeded. Much importance, 
however, cannot be attached to the correctness 
1 Minstrelsy of Scottish Border. Ed. 1833, vol. ii., p. 29. 



XXXIX 

of Christian names given in these old records, as, 
amongst numberless instances of errors, John the 
Cock appears called James in one public document. 
His son and heir, Thomas Ruthirfurd, had charter 
under the Great Seal, 30th June 161 2, to himself, 
" filio et haeredi Johannis Ruthirfurde de Hunthill et 
Jeanae sposae ejus," of various lands. Things had 
become somewhat quieter with him than in his earlier 
days. In 1583 he was summoned with his father, 
John the Cock of Hunthill (so called in the writ), to 
the market cross of Jedburgh for treason, and again 
in 1592 "for wickedly invadyng ye kingis palaces of 
Holyrood and Falkland, intercommuning with Both- 
vill, and ordered not to approach within ten miles 
of ye king." His son John was served heir to his 
father and grandfather in Scraisburg, alias Hunthill, 
in 1 6 10. He had conveyance from James Ker of 
Chatto in 16 15 to himself, and Alison, his wife 
(daughter and co-heir of Andrew Ker, first Lord 
Jedburgh), of Nether Chatto, Eidlescleuch, Han- 
ganshaw, and Gateshawfield, with consent of Richard 
Ruthirfurd of Littleheuch, and John, his eldest son, ap- 
parent of Littleheuch, the said lands being redeemed 
from the said James Ker for 26,000 merks. His 
third son, Sir Thomas Ruthirfurd, who succeeded as 
second LORD RU T H I RF U RD, settled an annuity 
upon Dame Alison Ker, Lady Hunthill, his mother, 
out of Capehope and Nether Chatto. He was 
served heir to his brother John in 1656, and in 1665 
as haeres talliae et provisionis Andreae Comitis de 
Teviot domini Ruthirfurd consanguinei sui baronia 
de Lintoun cum Kirkurd et Lochurd in terris et 
baronia de Newlandis, jure regalitatis capellae et 
cancellariae advocatione ecclesiarum de Newlandis et 



xl 

Lintoun decimis parochialium de Lintoun, et New- 
landis cum hepdomario foro et duabus mundinis, 
&c. &c. In 1666 he had a novo damus of all the 
estates from King Charles II. He died 1668. 

Archibald Ruthirfurd of Hunthill, fourth son, 
succeeded as third LORD RUTHIRFURD, and 
was served heir to all the estates held by his brother 
in the counties of Roxburgh and Peebles, including 
Villa de Ruthirfurd perprius nuncupata Capehope, 
erected " in burgum baroniae de Ruthirfurd " by his 
brother, 8th July 1666. With the story of this 
unfortunate nobleman the world has been made 
familiar by Sir Walter Scott. The unhappy Bride 
of Lammermoor, Janet Dalrymple, daughter of the 
Lord President Stair, his betrothed, died 12th 
September 1669. The original of The Master of 
Ravenswood went abroad, and died there. His not 
less unfortunate rival, David Dunbar of Baldoon 
(falsely called his nephew in the cruel lampoons of 
the day), was killed by a fall from his horse in 1682. 
Lord Archibald died s. p. 1685. 

The fifth son of John Ruthirfurd of Hunthill by 
Alison Ker, Robert Ruthirfurd of Hunthill, suc- 
ceeded as fourth LORD RUTHIRFURD, and on 
4th June 1686 was served " haeres masculus Archi- 
baldi Domini Ruthirfurd, fratris germani in terris et 
baroniae de Scraisburg, alias Hunthill, exceptis 10 
mercatis terrarum, antiqui extentus, vocatis Gled- 
stanes Lands, terris de Nether Chatto, Eidlescleuch, 
Sharplaw et Hanganshaw, et terris de Capehope infra 
baroniam de Hounam, cum advocatione ecclesiae de 
Hounam unitis in baronium de Scraisburg, alias 
Hunthill, Villa de Ruthirfurd perprius nuncupata 



xli 

Capehope, infra baroniam de Scraisburg, alias 
Hunthill, erecta in burgum de Ruthirfurd. In 1691 
he declared the sale of Nether Chatto to Sir John 
Scott, Bart., of Ancrum, ratified by the Crown in 
1692, and as such sale was in contradiction of the 
terms of the Earl of Teviot's will, he obtained in that 
year an Act of Parliament ratifying the Charter from 
the Crown of Scraisburg also, which Barony he like- 
wise had sold to Sir John Scott. He married Dame 
Sara Ollens, upon whom he settled an annuity of 
2000 merks out of Nether Chatto, &c, appointing 
John Ruthirfurd of " Kirkraw, trustee " for my ladye. 
He died d. s. p. 1724. 

John Ruthirfurd, second surviving son of John the 
Cock of Hunthill, is styled, in deed dated 2 2d 
August 1 6 19, Master John Ruthirfurd, sheriff-depute 
of Co. Roxburgh. He had the lands of Hyndhouse- 
field and Howdenbraes, Jedburgh, and also the 
Maison-Dieu lands confirmed to himself, his wife 
Barbara, and eldest son John, by Sir John Ker of 
Jedburgh, 24th March 1623. His wife Barbara was 
daughter of James Gledstanes of Coklaw, whose 
father made this the residence, having sold Gledstanes 
in Lanarkshire, hitherto the headquarters of the 
family. 1 

1 A younger brother remained at Arthurshiel, a small property- 
belonging to the estate, and William Gladstains is said to have been 
his great-great-grandson. He died in 1720. He was a maltman 
in Biggar, and was grandfather of John Gladstones, merchant in 
Leith, who bought Fasque, and was created a Baronet in 1846. 
His second son is William Ewart Gladstone, Prime Minister of 
Great Britain, and Chancellor of the Exchequer. It will be seen 
by referring to the Chart Pedigree that Sir Stafford H. Northcote, 
Bart., of Pynes, Chancellor of the Exchequer in Lord Beacons- 
field's administration, the present leader of the Opposition, 
descends from the Gledstanes of that ilk and Coklaw. 

F 



xlii 

John Ruthirfurd of Bankend, son of John, the 
sheriff-depute, and Barbara Gledstanes, was Provost 
of Jedburgh and Commissioner to Parliament in 
1639, when he was one of those appointed to settle 
the amount to be paid by each county of the 
^800,000 voted as a loan by the Convocation of 
Estates. He was still Provost in 1651 and for some 
years after, when his son-in-law, A. Ainslie of Black- 
hill, succeeded him, and a testimonial was presented 
to him, setting forth " that he had acted in nothing 
contrary to His Majesty or the liberty of the 
kingdom." By his second wife he had a daughter 
Christian, who was married to this Andrew Ainslie. 
Their marriage-contract was dated 2 2d April 1664, 
and on 10th May 1686 they had joint sasine of 
Hunthill from Robert, Lord Ruthirfurd. Their 
son, Andrew Ainslie of Blackhill, married Cecilia, 
daughter of Sir John Scott, Baronet of Ancrum. 
John Ruthirfurd of Bankend (who before this 
property came into his possession was styled of 
Wall), had by his first wife, Margaret Wallace, four 
sons, William, John, Andrew, and George, and 
several daughters. 

William, his eldest son, succeeded to Bankend, 
and sold it in 1676, with consent of James Gled- 
stanes of Coklaw, his wife's trustee. By the will of 
Sir Thomas Ruthirfurd of Hunthill, who succeeded 
as second Lord Ruthirfurd, proved in the Preroga- 
tive Court of the Archbishop of Canterbury 1 7th 
June 1668, he was specially called to the succession 
in these words : — " And as concerning the title of Lord 
Ruthirfurd and lordship thereof, and property of the 
lands of Scraisburg or Hunthill, my mind and will 
is, &c, &c, whom failing, my brother, Robert 



xliii 

Ruthirfurd, shall succeed thereto, and the heirs of 
his body, male or female ; whom failing, William 
Ruthirfurd of Bankend shall succeed thereto, and 
the heirs of his body, male or female, the heir female 
always marrying a husband taking the name and 
arms of Ruthirfurd." By his wife, Esther Lang- 
landis, grand-daughter of George Langlandis of that 
ilk, William of Bankend had four daughters — Mar- 
garet, Isobel, Lilias, and Esther — served co-heirs to 
their father in Howdenbraes, Skirrel-Naked, and 
Steipleside, beside Hounam-Kirk. 

The second son was John, mentioned as such, and 
as being then deceased without issue, in a process 
before the sheriff's court of Jedburgh 23d February 
1669, when William, his elder brother, 1 'disputed 
with his father regarding a bond over the lands of 
Saint Thomas's Chapel, which he had received 
"from his umquhyle brother John.'' 

Mr. John Ruthirfurd in Morpeth, however, who 
laid claim to the peerage in 1 788, and his son John, 
who carried his claim to the House of Lords in 
1833, sought to establish their right as heirs-male of 
John of Bankend, the descent set forth in the pedi- 
gree laid before the Committee of Privileges being 
stated to be from Robert Ruthirfurd, officer at 
Hounam for Robert, fourth Lord Ruthirfurd, as- 
serted to have been the lawful son of John of Bank- 
end's second son, John. There is no question, 
however, that his younger brother George was 

1 William did not, however, get the money, as it appeared that 
the arrangement had been made by his father, John of Bankend, 
Provost of Jedburgh, with Sir Andrew Ker of Greenhead, on 
behalf of his son John, and his eldest daughter, Barbara, married 
to William Crombie of Sharpitlaw, Sheriff-Clerk of Roxburgh- 
shire, to whom John had made over his moiety of the bond for 
3000 merks. 



xliv 

served heir-male to William of Bankend on the 
death of the third son, Andrew. 

Andrew Ruthirfurd, third son of John of Bank- 
end, had charter from his father, dated 19th November 
1661, "of Bellinghill, Sharplaw, and the Hill, which 
are all proper parts of Bonj'edburgh." He went 
abroad in that year, and entered the army, serving 
with the Scotch Grenadiers. " The brave Major 
Andrew Ruthirfurd outdid by his valiant and daring 
deeds even his distinguished relative and namesake, 
the Earl of Teviot, and astonished the commander, 
the Marquis of Noailles, at the taking of Rosas, and 
still more the German General Stirk, when, in the 
presence of an overwhelming force, was won that 
deep and dangerous ford still called ' The Passage 
of the Scot.' " 1 

1 But the men under Major Ruthirfurd's command were no 
ordinary soldiers. His force was composed of his own company 
of Scottish Grenadiers, Captain John Foster's veterans of the 
Dumbarton regiment, and the hundred and twenty gentlemen, 
tried officers who had served with Claverhouse, and nobly fol- 
lowed King James into exile, humbly entreating him to have them 
reduced to a company of private sentinels, and choose officers to 
command them. 1 " On the 4th September 1693 the company of 
officers, with the other two Scotch companies, received orders to 
march to Alsace. Famine and the sword had thinned their ranks, 
but had not diminished their spirit, as their last exploit will show. 
In December 1697 General Stirk appeared with 16,000 Germans 
on the other side of the Rhine, which obliged the Marquis de 
Sell to draw out all the garrisons in Alsace, who made up about 
4000 men, and encamped on the other side of the Rhine, over 
against General Stirk, to prevent his passing the Rhine and 
carrying a bridge over into an island in the middle of it. . . . 
But arriving too late, the Germans had carried a bridge over into 
the island, where they had posted above 500 men, who by order 
of their engineers entrenched themselves, which the company of 
officers perceiving, who abvays grasped after honour, and scorned 
1 The Scots Men-at-Arms and Life Guards in France, vol. ii., p. 217. 



xlv 

No more is known of this gallant great-grandson 
of Stout Hunthill. His youngest brother, George, 
was served heir-male to his brother William, so, if 
he married, he like his brothers left no son. 

George Ruthirfurd, fourth son of John of Bank- 
end, a merchant in Dunbar, was at the time of his 
death in 1710 sole surviving male descendant of 

all thoughts of danger, resolved to wade the river, and attack the 
Germans in the island ; and for that effort desired Captain John 
Foster, who then commanded them, to beg the Marquis that they 
might have liberty to attack the Germans in the island, who told 
Captain Foster when the boats came up they should be the first 
that attacked. Foster courteously thanked the Marquis, and told 
him they should wade to the island, who shrunk up his shoulders, 
prayed God to bless them, and desired them to do what they 
pleased. Whereupon the officers, with the other two Scotch com- 
panies, made themselves ready, and in the dusk of the evening, 
having secured their arms round their necks, waded into the river 
hand in hand, in Highland fashion, with the water as high as 
their breasts, and having crossed the heavy stream, fell upon 
the Germans in their entrenchment. These were thrown into 
confusion, and retreated, breaking down their own bridges, whilst 
many of them were drowned. When the Marquis de Sell heard 
the firing, he made the sign of the Cross on his face and breast, 
and declared publicly that it was the bravest action he ever saw, 
and that his army had no honour by it. The company kept 
possession of the island for six weeks, notwithstanding repeated 
attempts on the part of the Germans to surprise and dislodge 
them ; but all having been defeated by the extreme watchfulness 
of the Scots, General Stirk at last drew off his army and retreated." 
On the nth of September 1697 the treaty of Ryswick was con- 
cluded, and this gallant company was broken up and dispersed ; 
and, as mentioned in the Memoirs of the Lord Viscount Dimdee, 
" thus was dissolved one of the best companies that ever marched 
under command. Gentlemen who in the midst of all their pres- 
sures and obscurity never forgot they were gentlemen, and whom 
the sweets of a brave, a just, and honourable conscience rendered 
perhaps more happy than the most prosperous," &c. It does not 
appear to be perfectly certain that Major Ruthirfurd had survived 



xlvi 

Master John Ruthirfurd, Sheriff-Depute, and was 
reputed heir to the title of his kinsman Robert, Lord 
Ruthirfurd. He married Jean, daughter of Robert 
Pringle, a merchant burgess, also of Dunbar. Their 
marriage, on 6th April 1680, was witnessed by 
Henry and William Ker, brothers-german to John, 
Lord Bellenden, who signed the documents. Like 

to share in the honour gained on this occasion by the companies 
he had led so often. The episode which made him so well known 
to friends and foes at Rosas is thus described in the said Memoirs 
of Dundee: — "On the 27th May 1692 the company of officers 
and the other Scotch companies were joined by two companies of 
Irish to make up a battalion in order to mount the trenches, and 
the major part of the officers listed themselves in the company of 
grenadiers under the command of the brave Major Ruthirfurd, 
who on his way to the trenches, in sight of the Marshall de 
Noailles and his court, marched with his company on the side of 
the trench, which exposed him to the fire of the bastion, where 
there were two culverins and several other guns planted, likewise 
the fire of two curtins lined with small shot. Colonel Brown, 
following with the battalion, was obliged in honour to march the 
same way Major Ruthirfurd had done; the danger whereof the 
Marshall immediately perceiving, ordered one of his aides-de- 
camp to command Ruthirfurd to march under cover of the 
trenches, which he did ; and if he had delayed but six minutes, 
the grenadiers and the battalion had been cut to pieces. Ruthir- 
furd with his grenadiers marched to a trench near the town, and 
the battalion to a trench on the rear and flank of the grenadiers. 
. . . . Then firing began on both sides to be very hot, and 
they in the town, seeing how the grenadiers lay, killed eight of 
them. When the Governor surrendered the town, he inquired 
of the Marshall what countrymen these grenadiers were, and 
assured him 'twas on their account he delivered up the town, 
because they fired so hotly, and he believed they were resolved to 
attack the breach. He answered, smiling, " Ce sont mes enfants ;" 
and again, they are the King of Great Britain's Scotch officers, 
who, to show their willingness to share his miseries, have reduced 
themselves to the carrying of arms, and chosen to serve under my 
command." 



XIV1I 

his brothers, he also left only two daughters, Jean 
and Catherine. It appears he had a son named 
George, who married his cousin, Mary or Jean 
Pringle, but died soon after, before his father, with- 
out issue. 

The third son of John the Cock of Hunthill was 
Richard Ruthirfurd of Littleheuch (Dickon-draw- 
the-Sword), the Provost of Jedburgh, who, with his 
father and brothers, led the valiant burghers to the 
fight at the Reidswire or Reidsquhair, upon 7th June 
1575. The office was long held afterwards by his 
nephew, John of Bankend. In those troubled times 
it was one of great importance when five hundred 
stalwart men, " the Staffis," echoed their leader's 
slogan, " Jethart's here ; " and the Provost and his 
bailies had power to hang, drown, and justify." It 
was commonly therefore held by a member of 
one of the chief families in the neighbourhood. So 
late as 1 746, Robert, Lord Ker, was Provost of 
Jedburgh. 

" Master John Ruthirfuird, Sheriff-Depute, and 
Richard Ruthirfuird, sons of John of Hunthill, called 
the Cock " are mentioned as Commissioners for 
County Roxburgh in 161 7. It may be presumed 
the Sheriff could sign his name, but the redoubtable 
Provost's hand was led on the pen when he put his 
name to the bond to serve the Earl of Bothwell, 
which he declared in the King's presence he had 
done, not as provest, but as ane prevat man cum of 
Hunthill!' He was frequently in trouble with the 
Government in consequence of his fidelity to Queen 
Mary. In 1681 Sir John Stuart of Traquair be- 
came suretie in the sum of 1000 merks for his 
appearing when called upon to answer charges of 



xl 



VU1 



treason. He died in 1634, having married Lilias, 
daughter of James Gledstanes of Coklaw, whose 
other daughter, Barbara, was the wife of his brother 
John, the Sheriff-Depute. This James was the 
Gledstanes* " Good-at-need," who came with the 
men of Hawick and Rule Water to the fight at 
the Red Swyre. Lilias appears to have had as her 
dowry the ten-merk land in Lanton called Gled- 
stanesland, which, when Sir Simon Glendonwyn's 
charter of Scraisburg was confirmed, 18th January 
1466, by King James III. to Robert Ruthirfurd of 
Chatto and his wife Murgaret, was held by George 
Gledstanys of the family of Coklaw, whose ances- 
tors these " nobil menne James de Gledstanes and 
Thomas de Gledstanes witnessed in 1404 sasine to 
the Abbot of Melrose of Great Cavers, under a Bull 
from Pope Benedict XIII." The family of Coklaw 
and that ilk ended in 1737 with Janet, daughter of 
Robert Gledstanes of that ilk and Coklaw, who 
died unmarried. 

Her remaining lands of Dod, which marched with 
Capehope, Ormiston, and Orchard, were divided 
between the heirs-portioners, John Gledstanes of 
Whytelaw, and Robert, son of James Ruthirfurd, 
surgeon in Jedburgh, and Esther, his wife, sister of 
Robert Gledstanes of that ilk, sasine or precept 
of dare constat being given 22d September 1738. 
John Gledstanes of Whytelaw was descended from 
Walter Gledstanes of the Flex, a " neare cousyng to 
my Lord of Buccleuch," by his wife, Esther Ruthir- 
furd, daughter of Richard of Littleheuch. He was 
one of " the squires of name " in Branxholm Hall, 
all the others, Satchell says, being gentlemen of the 
name of Scott. The Flex was an ancient possession 



xl 



IX 



of the family. It was in the possession of Thomas 
de Gledstanys, son of Sir William de Gledstanys, to 
whom and his wife Margaret, King James I. gave 
(26th March 1430) confirmation of grant of Robert- 
island, Co. Selkirk, which belonged to the Duke of 
Albany, and was given by him to the Gledstanes on 
8th November 1458. Thomas's son, Alexander de 
Gledstanys, got confirmed to him by King James II. 
" terras dominicales de Kirktoune, et molendinum 
ejusdem ac terras de Flexis in Baronia de Hawic — 



John, second son of Richard Ruthirfurd of Little- 
heuch (Walter, his eldest brother, having died with- 
out issue), was served on 6th April 1626 " haeres 
Ricardi Ruthirfurd de Littleheuch patris, in terris 
baronise de Capehope vocatis Phillop-hope, Hard- 
roddis, Maksydbank, Priestschawis, &c," which his 
father had from John of Hunthill (styled in deed of 
infeftment Baron of Capehope). In 1666 these 
lands were confirmed to him, " consanguineo suo 
Thomas Domino de Ruthirfurd," from whom he had 
sasine also of the Nether Mains of Capehope, 
alias Kirkraw. He had also in 1648 charter from 
Thomas Lord Ruthirfurd's elder brother, John of 
Hunthill, of Huntliedene and Lyalroddis, in barony 
of Capehope, granted " for the love I bear to 
my kinsman." He married Eupham, daughter of 



1 

Walter Gledstanes of Dod, and, dying in 1679, was 
succeeded by his sons, Walter and John, as heirs- 
portioners. 

John Ruthirfurd of Capehope, called of Kirkraw, 
had deed of confirmation from Archibald Lord 
Ruthirfurd, of the portions of Capehope left to him 
by his father, included in the newly constituted 
barony of Ruthirfurd. He was witness to the infeft- 
ment of his brother Lord Robert in the estates, and 
was appointed by him trustee for his wife, Dame 
Sara Ollens. He married first Cecilia, daughter of 
Archibald, eldest son of Raguel Bennet of Chesters ; 
whose sister married John Ruthirfurd of Keidheuch. 

John Ruthirfurd's son, Captain John, was served 
heir as fifth Lord Ruthirfurd. He had served 
with distinction and the customary courage of his 
race in " Grant's Regiment," and had rescued at 
the peril of his own life his sorely wounded cousin, 
Captain Robert Ruthirfurd, son of Walter of Cape- 
hope, at an attack upon an outpost at the siege of 
Lisle in 1708, which the brave Captain Robert had 
carried with only sixty men, holding possession 
against the reinforcements sent out from the gar- 
rison, until only fifteen of his men remained alive, 
when he sallied forth, and fell covered with wounds, 
of which he died in three days. Lord John Ruthir- 
furd's son Alexander, styled sixth Lord Ruthirfurd, 
died unmarried, so the representation fell to his 
cousin, John Scott of Belford, son of Charles Scott of 
Palacehill, by his wife, Margaret Ruthirfurd. He 
married Marion, daughter of Alexander Baillie of 
Ashestiel, by his wife, Mary, daughter of Bishop 
Wood of Edinburgh, to whom Charles II. gave the 



• 



li 

band off his hat as he came out of church, with a 
handsome compliment to his eloquence— a relic 
preserved with much veneration by his daughter's 
family, which suffered so severely for their loyal 
devotion to the cause of the Stuarts. 

The last male descendant of Walter of Capehope 
was David, his grandson, who married Margaret 
Ruthirford, daughter of Robert Ruthirford of Fair- 
nilee, and left a daughter, Elisabeth, married as first 
wife to Walter Scott of Wauchope, but died without 
issue. This lady, like her Aunt Alison (Mrs. Cock- 
burn), was much distinguished in the literary circles 
of Edinburgh for her talents both as a writer and 
conversationalist. Misconceptions have arisen re- 
specting the two David Ruthirfords ; her father, 
styled of Capehope, even after Lyalrods and Huntlie- 
dene (or Greenhills) had passed from the possession 
of the family, having been mistaken for her half 
brother David, the eldest son of Robert Ruthirford 
of Fairnilee by his first wife, who was also called of 
Capehope, after his father settled upon him the lands 
there, which he acquired from Robert Lord Ruthir- 
furd in 1698. ? ovv 




Ruthirfurd of Capehope. 



/ <j 



'-JO '•■•'. - „.v 






lii 

Amongst the distinguished soldiers of the race of 
Chatto may be mentioned Adam Ruthirfurd of the 
Dolphinston branch of the family, who served from 
1640 for twenty years in France with great distinc- 
tion with the Scottish auxiliaries, and became Major 
of the Douglas, afterwards called the Dumbarton 
Regiment, 1 and his son Andrew, who was a Lieutenant 
in the same corps when it was recalled to England, 
and ordered to march against the forces in Scotland 
under arms for King James. Andrew, who had got 
his promotion as Captain, persuaded four hundred 
of the men to follow him, and made forced marches 
in order to join Dundee ; but being delayed and 
harassed by some cavalry sent after him, two regi- 
ments of foot came up, whereupon he took up so 
commanding a position that he was able to make 
terms for his men, who were allowed to rejoin their 
regiment, he and his comrade Johnstone, brother of 
the Earl of Annandale, remaining as prisoners on 
parole. In the end, in reply to his petition to King 
William, having been informed that "he might go 
when and where he liked," he returned to France, 
and entering the service again of the French King, 

1 At the Union in 1707 the Dumbarton regiment was incor- 
porated with the British army, and is now known as the First or 
Royal Regiment of Foot. No corps in the French service had 
gained greater fame than this body of warriors, for with it was 
embodied the residue of the celebrated Gardes Ecossaises, quite 
distinct from the old "Garde Ecossaises du Corps du Roi." 
Raised by the Earl of Irvine in 1642, it was present at the battle 
of Lens and fought in the front rank by the side of the French 
Guards. It was this regiment that the Earl of Teviot commanded 
after Lord Irvine, and by the gallant manner in which he led it 
until he retired from the command after the peace of the Pyrenees 
attracted universal attention and admiration. 



liii 

was killed in an engagement when he was in com- 
mand of two hundred volunteers, English, Scotch, 
and Irish. His father's elder brother, John Ruthir- 
furd, afterwards Provost of Jedburgh, fully shared 
the fire and spirit of his race. He was in the army 
also, and was a Lieutenant at the siege of Newcastle 
in 1640, and his company had the advanced post. 
" The Captain being absent, he was in command, and 
was the first to gain footing on the town wall, and 
to help himself caught hold of one standing thereon, 
who, amazed at his boldness, pulled him up, when 
he was hardly beset for his life, until his soldiers 
quickly following, the place was taken, and he was 
advanced to be Major." 



«* 



^ONTHf. 




>*„ 



^^- w^. J^- 



Major Adam Ruthirfurd of Ladfield, and other Ruthir- 
furds of Dolphinston., 



liv 



RUTHIRFURDS OF LANGNEWTON, 
FAIRNINGTON, &c. 

^COnDUS, 



jF 



vvv 




Ruthirfurd of Langnewton, 1550, without any crest. George 
Ruthirfurd of Fairnington, 1600, added the crest and motto. 



Rutherfurd of Langnewton came next after 
Hunthill in the old entail, made by James Ruthir- 
furd of that ilk 14th January 1492. George Ruthir- 
furd of Langnewton gave charter 25th November 
1497, "from his place of Sandystanys," to his grand- 
son Walter of this estate. In the same year an 
inquest respecting boundaries of the Abbey and 
Bemersyde lands again was held at Melrose, " coram 
proudio viro Georgio Ruthirfurd, domino de Lang- 
newton." Adam, his brother, was Master or Prior of 
the order of Anchorites, the ruins of whose 
monastery were called Martlet's Walls in after times. 



lv 

These monks lived in caves cut out of the " Sandy- 
stanys of Over-Aulcrum," and it is presumed that 
this churchman gave to his brother the 140 acres 
there, which were forfeited, but held afterwards by 
William, " brother-german to the Lard of Hunthill," 
as tutor to William, who succeeded, being served 
heir 17th March 1547 (proceeding upon precept from 
William Douglas of Lochleven, the over-Lord) to 
Walter Ruthirfurd ; he is styled " Alius patricii." In 
1 550 William of Langnewton had sasine of various 
other lands. On the 15th April 1578 he subscribed 
bond of allegiance along with Douglas of Cavers 
(hereditary sheriff of Roxburghshire), Nichol Ruthir- 
furd of Hundeley, Knycht, Andro Ruthirfurd, y r of 
Hundoley, Thomas Turnbull of Beddrowll, Knycht, 
Richert Ruthirfurd of Edgerstoun, Johne Ruthirfurd 
of Hunthill, Richert Ruthirfurd, Provost of Jed- 
burgh, and John Turnbull of Mynto, " our hands led 
on the pen be the nottar underwrytten, because we 
cannot write." All these barons were denounced 
rebels 3d October 1583, excepting William of Lang- 
newton, whose name is not found later ; he had 
probably died, and his son been a minor when 
Langnewton, which was a strong fortalice, was seized 
upon by Andrew Ker of Newhall, who on 13th July 
1589 was denounced a rebel for " continuand and 
contemptuous rebellioun, in that he had surprisit and 
taken the tour and fortalice of Langnewton," which 
on 26th September 15 13 was given into the custody 
of Adam, the Master of Anchorites, for protection 
" during the tyme of the frost." 

William of Langnewton's successor, George, was 
designated of Fairnington, part of the old property 
of Langnewton. His great-grandson, George Ruthir- 



Ivi 

furd of Fairnington, quarrelled with his brother-in- 
law Thomas Haliburton about a boundary, and the 
rencontre ended by Haliburton's being slain, after 
which the family went to the West Indies. From 
Thomas, Adam, and Patrick, younger sons of George 
Ruthirfurdof Langnewton, came the families of Kid- 
hugh, and those settled in Nesbit for some genera- 
tions, one of whom was ancestor of the Ruther- 
fords of Knowesouth. Thomas Ruthirfurd was 
served heir to his brother Andrew, called of Ouhyte- 
house, in Nesbit, and had charter under the Great 
Seal 1 6th December 1642 of Rouchcastell, forest of 
Rowchcastell, and the mains of Harden. In 1656 
he appears still styled " Thomas of Rowcastell, called 
of Quhytehouse, in Nesbit." A new infeftment 
upon Crown Charter, dated 1st June 1748, was ob- 
tained by his descendant Thomas Rutherford of 
Ruecastle or Knowsouth, provision being made in 
the deed that, failing his own direct heirs, or his 
brothers, " the eldest sister shall succeed thereto 
without division, she marrying an Esquire, taking 
the name and arms of Rutherford of Knowsouth." 
He married Christian Elliot, and had several chil- 
dren, who all died young ; and his brother Captain 
John having also died without issue, his sister Jean 
succeeded to Knowsouth. She married Thomas 
Scott, uncle of the author of Waverley. Their son 
Charles succeeded to the property, but did not take 
the name and arms of Ruthirford, and sold the pro- 
perty to the proprietor of Edgerston. 

One of the Ruthirfurds in Nesbit was Kentigernus 
or Ouintin, who had East Nesbit in 1553 : whether 
he was the son of the above-named Patrick or Adam 
is not known. His descendant John Ruthirfurd 



Ivii 

married Grizel Ramsay, and was in East Nesbit 
in 1630, when he died, s.p., and was, it is said, 
brother of Gavin Ruthirfurd, who, after the Union, 
became possessed by marriage of lands on Reed 
Water, near Rochester, of the value of ^300 a year. 
He got from the King a Captain's commission for 
the youngest of his twenty-one sons, " a piece of 
vanity, the chronicler says, to let see that he and all 
the rest of his sons could serve the King too, so they 
all rode as inferior officers or centinells in the troop 
he had raised and maintained by parting with his 
land to the Shaftoes of Bavinton and the With- 
ringtons of Cheeseburn-Grange." 

The vain, perhaps, but courageous old gentleman 
went with the troop to Worcester, where he and 
fourteen of his sons were left dead upon the field; 
three died of their wounds, and four were made 
prisoners, who, when afterwards released, having no 
means of support and no home, went to France, 
and entering the army there, were heard of no more, 



H 



lviii 
RUTHERFURD OF KEIDHEUCH. 




Ruthirfurd of Keidheuch, 1580. 

Walter Ruthirfurd, younger brother of George, 
first of Langnewton, founded this family ; he had 
the third part of Crelling or Crailing, and the " corne 
milne" thereof; and also by marriage or otherwise 
acquired Kidhuch, with the fortalice of Langrink, in 
Selkirkshire. His son William was in possession in 
1545. William of Keidhugh's grandson Adam had 
charter of Nether Crailingr to himself and his son 
John, in conjunct fee, ioth February 162 1. This 
John of Kidhugh gave charter, ioth December 
1656, of lands in Bedrule to Thomas Rutherfurd of 
Quhytehouse, in Nesbit. He was father, by his wife 
Isobel, daughter of Raguel Bennet of Chesters, of 
Andrew Ruthirfurd of Keidheuch, who had con- 
firmation of Nether Crailing from Dame Marie 
Leslie, spouse of William Lord Cranstoun, 21st 
August 1664. He arranged an excambion with her 
husband of the lands of Pathhead. 

His son, John Ruthirfurd of Keidheuch, had 
charter, 26th January 1700, on purchase for 51,000 



lix 

merks of the barony of Fairnilee from Patrick, 
eldest son of Sir Thomas Ker of Fairnilee, which he 
disponed in the same year to Robert Rutherford, 
then styled of Capehope, with the proviso that the 
lands of Keidheuch should be reconveyed to him, 
which was done the same day. 

The third son of Sir Richard de Ruthirfurd and 
Jean Douglas was William de Ruthirfurd, Lord of 
the Barony of Eckford. In some memoirs he is 
called Gilbert, but is mentioned as William in an 
old MS. pedigree of the family. He was doubtless 
a turbulent Border rider, and was slain by Walter 
Scott of Kirkurd, who got grant of Eckford from 
King James II., 3d May 1437. This chieftain had 
also the honour of Knighthood from His Majesty, 
and grants of Bucleuche and Branxholm for the aid 
he gave against the Douglasses. He was not very 
particular himself regarding the ownership of the 
cattle he brought home, any more than William de 
Ruthirfurd, remarking that the beasts of Cumber- 
land were just as good as those of Teviotdale. 




William dom. de Ruthirfuird, temp. James II 



lx 

Sir John de Ruthirfurd was the fourth son of 
Sir Richard. 1 He was a gallant soldier, and fought 
against the English at the battle of Beauge in 1421, 
where 

Swinton laid the lance in rest 

That tamed of yore the sparkling crest 

Of Clarence's Plantagenet. 

He fell with his kinsman, Sir John Turnbull, and 
many other Scottish knights at Cravant, where 
three thousand of his brave countrymen, deserted by 
the rabble of all nationalities, were left to fight alone 
and perish on the field of battle. 



The fifth son, Nichol, was the founder of the 
powerful and prosperous house of 

HUNDALEE. 



pROvy 



(?Th 



? «0vy o 








John Ruthirfurd of Hundole, 1500. 



Rutherford of Hundalee, 1600. 



1 Sir Robert Douglas does not mention either of these two sons 
of Sir Richard de Ruthirfurd, but he had not access probably to 
the documents in which their names are mentioned, and consider- 



lxi 

Nichol de Ruthirfurd was guarantee of treaty 
with England along with his brother James of that 
ilk in 1449. He had charters of Kirkyetham, 
Malkerston, Grubehewed or Grubet, in 1421, from 
King James I., also of Corbet, once the possession 
of the very ancient family of that name. He was 
succeeded by his son 

John Ruthirfurde, styled Johannis Ruthirfurde, 
dominus de Hundwaley, in Act of Parliament 1467, 
appointing him, with John Aynsle de Dolphin- 
stoun, to make valuation of the shire. In 1434 
he was ordered, on pain of denouncement as a 
rebel, to leave the Abbey of Jedburgh, "void 
and redd," and to allow Thomas Cranstoun, the 
Abbot, to take possession. At this time the 
whole choir of the Abbey was already divided 
amongst the Ruthirfurds for burying their dead ; and 
a family quarrel had probably arisen in consequence 
of the Abbot interfering to give some of the Cran- 
stouns place there. His son 

John Ruthirfurde, styled in deed 149 1 John of 
Ruthirfurd of Hundole, had charter in that year from 
King James IV. of the lands of Rowcastell or Rugh- 
chester, on resignation by Thomas Dickson, and the 
seven mark land of Samelstoun on resignation by 

ing the very limited sources of information at his command, and 
the dilapidated state of the public records, now so carefully- 
copied and printed, it is only matter for surprise that he contrived 
to collect such a mass of authentic family history. The mistakes 
in Christian names are perhaps not so many as may appear, as 
the same individual is often mentioned under different ones, as 
in the case of the first proprietor of Chatto, and others mentioned 
in these notes about the Ruthirfurds. 



lxii 

Thomas Ker of Cessfurde. In 1502 he produced 
remission to himself and his brother Thomas " for 
intercommuning with ye Ruthirfurdes, ye Kingis 
rebels." The castle of Hundolee was destroyed by 
the English in this reign. In 1492 he obtained a 
decree from the Privy Council against William and 
Archibald Douglas of Cavers, and John Gledstanes 
of that ilk, for 100 merks due by them to his grand- 
father Nichol. He married Christian Boyd. On 
the 2 1st January 1500, John Ruthirfuirde of Hun- 
dole, and Christian Boyd, his spouse, were ordained 
by the Lords " to pay William Ker, in Lintoun-Lee, 
and Margaret Johnstone, his spouse, the sum of 90 
merks for the marriage-contract which should have 
been betwixt their daughter Alison and George, 
eldest son and apparend of the said John, because 
the said Alison deceased before the marriage." 

George Ruthirfurde of Hundoley succeeded in 
1504. On the 14th October 1503, he had, as heir- 
apparent of John of Hundoley, new charter of Kirk- 
yettam. In 1524, along with Andro Ker of Phairny- 
hirst, Andro Ker of Cessfuirde, Walter Scott of 
Bukcleuche, he swore " that they for thaimself, 
Kynne, freindis, pairt takiris, &c, sail lely and trewly 
serve Archibald Erll of Angus, ryde, gang, and 
serve him at their possible power into the office of 
Wardening and Lieutenantry for staunching of theft, 
slauchter, and inconvenientis, and for the executing 
of justice, and furth-bering ye Kingis autorite." In 
1538 he is found with Andro Ker of Cessfurde, 
Douglas of Cavers, Ruthirfurde of Hunthill, and 
Andro Ker of Dolphinstoun, called upon to underlie 
the law for assisting and favouring George Ruthir- 



Ixiii 

furd, called Cokburne, John Ruthirfurde, called Jock 
of ye Green, and other rebels at the Kingis horn. 
On ist September of the following year he had 
charter of the lands of Eshetries, with tower and 
fortalice thereof, the superiority of which had been 
forfeited by Archibald Earl of Angus. 

Sir Nichol Ruthirfurd of Hundoley succeeded in 
1556. On the 15th April 1569 appeared at Kelso 
Nicholaus Ruthirfurde of Hundoley, Knycht, John 
Ruthirfurde of Hun thill, Richard Ruthirfurde of 
Edgerstoun, Richard Ruthirfurd, Provost of Jed- 
burgh, Walter Ker of Cessfurd, Thomas Ker of 
Fernhirst, Thomas Cranstoun of that ilk, Bukcleuche, 
Knycht, Thomas Turnbull of Badderowl, and Sir J. 
Edmonston of that ilk, and signed bond binding 
them to guard the peace of the Borders, and 
especially to assist the Laird of Bukcleuche and 
other Lairds nearest against the thieves of Liddis- 
dale and Annandale. The same chiefs appeared 
with many others of the principal Barons of the 
south of Scotland at the Parliament held at Linlith- 
gow in 1545, and engaged to defend the Kingdome 
and to invade England should it be deemed ex- 
pedient to do so. In 1564, he, with James Lang- 
landis of that ilk, was suretie for Ormiston of that ilk, 
in ordmanne and ourmanne, at the assemblage of the 
Barons and Lairds when the contract was made 
betwixt the Scotts and the Kers, and it was agreed 
" that puting away all inymmitie, hatrent, and grudge 
standand and consavit betwix them throw the uh- 
happie slauchter of umquhile Sir Walter Scott of 
Branxholme, the said Sir Walter Ker of Cessfurde 
sail, on the 23d day of March instant, cum to the 



lxiv 

paroche kirk of Edinburg, called Sanct Geilles Kirk, 
and thair befoir none, in sicht of ye pepill present for 
ye tyme, reverently on his knees ask God mercie for 
the slauchter foirsaid, and siclyk ask forgiveness of 
ye same fra ye said Lard of Bukleucht and his 
friendis quhilkis sal happin to be thair present." 
In 1575 Sir Nichol "laid on weel " at the battle of 
the Red Swyre ; he died, however, soon afterwards, 
leaving two sons, Andrew and Nichol. The eldest 
succeeded before 1586. 

At Kelso on the 20th September 1569 both were 
bound, with their father, as sureties for George 
Ruthirfurd in the Grange, the entry being as 
follows : — " Sir Nicolace Ruthirfuirde of Hundoley, 
Knycht, and his sons Nichol and Andro, Sir 
Thomas Ker of Fairnihurst, Knycht, and Andro 
Ker, Commendator of Jedbrugh, became actit and 
obliest cautionaris and souerties for George Ruthir- 
furd in the Grange, that the said George sail remain 
in ward within the sheriffdom of Forfar, and in no 
wayes eschaip or iscue furth of the samyn, until he 
be freed and released by my Lord Regent's grace. 
From this George are presumed to have come the 
families in Angus and Perthshire. 

Andrew Rutherfurd of Hundoley married Mar- 
garet, daughter of John Hop-Pringle of Smailholm, 
by his wife Margaret, daughter of Sir James Gordon 
of Lochinvar : marriage-contract was dated at Gala- 
shiels 22d April 1 56 1. He died without issue. He 
did not lead a quiet life ; his name being found 
frequently amongst those loyal friends of Queen 
Mary who gave the Regent much trouble. Soon 
after his marriage he was proclaimed a rebel, and 
was some time in ward in Edinburgh, as appears by 



lxv 

the record, dated 2d November 1567, " Andro the 
young Lard of Hundoley, relevit be my Lord 
Regent of his warding within the samyn burgh of 
Edinburgh, and grantit him libertie to depart at his 
plesour. 

Nichol Ruthirfurd of Hundolee, second son of 
Sir Nicholas, succeeded his brother, and appears, 
although not constantly so designated, to have 
had knighthood conferred upon him, for in public 
documents it is recorded that in 1591 Sir Nichol 
Ruthirfurd of Hundalee, with the Lairds of Cessfurd, 
Minto, Badrowll, &c, engaged not to shrink from 
His Majesty's service for any cause, as they shall 
answer to Almighty God and His Majesty on their 
faith and allegiance, under the penalty every one 
of them of a thousand merks, to be paid to His 
Highness. In 1608 he was appointed by the Parlia- 
ment, with Douglas of Bonjedward, to meet the 
Bailies of Jedburgh twice or thrice in each year, 
and fix the price of leather, and prevent the extor- 
tionate charges of the shoemakers. English hides 
had grown scarce, and promises to deliver " after the 
next Michaelmas moon" were not now to be relied 
on. He had renewed charter of the Barony of 
Grubet 6th September 16 10, and gave on 6th 
February 1620 charter of Belses to his son-in-law, 
Sir James Ker of Crailing. He married Martha, 
daughter of Andrew Stuart, Master of Ochiltree, by 
his wife, Margaret, daughter of Henry Stuart, Lord 
Methven, and had a son, Andrew, married to Chris- 
tian, daughter of Thomas Macdougall of Makerston, 
but he died without issue, and Marie, his daughter, 
succeeded as proprietrix of Hundalee. She married 
Sir James Ker or Carre, of Crailing Hall, half- 

1 



lxvi 

brother of Sir Andrew, first Lord Jedburgh, at 
whose death, in 1630, he succeeded as second Lord 
Jedburgh, but never assumed the title. He was 
the son of Sir Thomas Ker of Ferniehirst by his 
second wife, Janet, daughter of Sir Walter Scott of 
Buccleuch. An account of the death of his admir- 
able wife, " Marie Lady Hundalee," appears in the 
" Fasti Ecclesice Scotiancz!' 

Their son, Robert Carre of Hundalee, succeeded 
to his mother's estates, and as third Lord Jedburgh. 
He married Juliana Hamilton, widow of Sir Patrick 
Hume of Polwarth, but dying without issue, Hunda- 
lee went to the Carres of Cavers Carre, and eventu- 
ally to the Marquis of Lothian. With Robert Lord 
Jedburgh ended the oldest male line of Ferniehirst. 
The Fortunes of the House of Lothian were founded 
by Mark Ker, Abbot of Newbattle, second son of 
Cessford. He was one of the few dignitaries of the 
Church who embraced the doctrines of the Reforma- 
tion, and was made Commendator of Newbattle, out 
of which he turned the monks with little commisera- 
tion. His son, born before the Abbot ceased to 
hold the office as a priest, had a grant of the barony, 
which descended to Anne, Countess of Lothian, in 
her own right. She married William Ker, eldest 
son of the Earl of Ancrum (descended from the 
youngest son of the ninth Baron of Ferniehirst). 
From this marriage descends the Marquis of 
Lothian, who represents both branches of the great 
house of Ker. 1 

1 The male line of the elder branch of the rival house of Cess- 
ford ended with Sir Robert Ker, cr. Earl of Roxburgh. At his 
death in 1650 his honours and estates went to his grandson, Sir 
William Drummond, who assumed the name of Ker, and, in 



Ixvii 

Jean Karre, daughter of Sir James and Marie 
Ruthirfurd, married John Carre of Cavers and West 
Nisbet, Co. Berwick, and had a son, John Carre of 
Cavers, served heir in 1693 to his uncle, Robert 
Karre, third Lord Jedburgh, in Hundalee and his 
other estates, being designated in the deed " lawful 
son of John Karre of Nisbet and Lady Jean Ker, 
his spouse." 

compliance with the stipulation made by his grandfather, married 
his cousin, Jean Ker. From this marriage descended the Drum- 
monds (called Ker), Dukes of Roxburgh, whose line also failed. 
After a long contest with General Ker of Littledean, the heir- 
male of the house of Cessford, the titles and estates were awarded 
by the House of Lords in 1812 to Sir James Innes Norcliffe, 
Bart., in virtue of his descent from Margaret, third daughter of 
Harry (or Habbie) Lord Ker, who in 1666 married Sir James 
Innes, Bart., of Innes. Sir James succeeded as fifth Duke of 
Roxburgh. 



Ixviii 
RUTHERFORD OF FERNILEE. 



*<<£*%, 





Robert Rutherford of Fairnilee, 1700, as placed upon his 
tomb in the Bell-house, Jedburgh. 



The fortunes of this family were founded by 
Robert Rutherford, called " the Nottar " in the family 
memoirs, who came to possess large estates. He 
was a writer in Edinburgh, and Deputy Receiver 
General of Supply for Scotland. Inheriting some 
lands from his father, he acquired portions of Cape- 
hope, of which he had charter 5th January 1701, on 
resignation by Sir John Scott of Ancrum, who had 
purchased them with other large properties from 
Robert, Lord Ruthirfurd. On 12th December, in 
same year, he had charter to himself and his wife, 
Alison Ker, in liferent, and their eldest son, Robert, 
in fee, of Fernilee, also (12th July 1702) of Eastersyde 



lxix 

in Scraisburgh, the latter purchased from Andrew 
Ainslie of Blackhill, and his wife Cecilia, daugh- 
ter of Sir J. Scott of Ancrum. He was the last 
of his family buried in the Bell-House, Jedburgh, 
where his son erected a monument to his memory, 
with the coat of arms given above. He had not 
then adopted either the Fess borne by the first 
Barons of Hundolee, from whom Nisbet gives their 
descent, nor the coat used by the three last owners 
of that estate — argent, an orle gules, voided or. 
This strengthens to some extent the derivation given 
of the Fernilee family in the old MS. account of the 
Ruthirfurds, from Richard, son of Robert, third 
brother of Richard of Edgerston, who settled the 
feud with Traquair instead of Richard, son of John 
of Hundalee. The reason of the ancestors of Robert 
Rutherford of Fernielee not beinof buried in the 
choir of Jedburgh, but in the Bell-House-brae, was 
said to have been that when the English made a 
raid upon Jedburgh, they carried off the largest bell 
belonging to the Cathedral, which hung in the 
tower on the slope above the Abbey. This Richard 
pursued them with a handful of brave followers, and 
made a desperate effort to recover it, but was over- 
powered by the superior force, and fell mortally 
wounded, making a dying request that he might be 
buried in the Bell-House, which was done accord- 
ingly. The bell was carried off to Hexham, and 
hung in the belfry there. 

One of Robert Rutherford's daughters was Alison, 
celebrated for her great beauty and talents. She 
was authoress of " The Flowers of the Forest," &c. 
Sir Walter Scott, speaking of her, says, " At an 
advanced age, beyond the usual bounds of humanity, 



lxx 

she retained a flow of imagination and an activity of 
intellect almost preternatural." She was born 1710, 
and died 1794. She married Patrick, second son of 
Adam Cockburn of Ormiston, Lord Justice-Clerk. 

There remains to be noticed John Ruthirfurd, a 
grandson of Nichol, the founder of the Hundalee 
family. He married a daughter of the house of 
Gordon, and appears to have had control for a time 
of the estates of Lochinvar and Stitchel. This con- 
nection was no doubt the cause of his going north to 
the county of Aberdeen, where the Gordons, once 
of Huntly and Gordon, in the Merse, were firmly 
established, and very powerful. He was Provost of 
Aberdeen from 1483 to 1492, and was designated of 
Migvie Castle, in Cromar, which estate he had 
acquired. In the old kirk of Aberdeen his effigy 
was to be seen, says a chronicler in 1 700, " with a 
cat-a-mountain at his throat, by whom he was 
worried in the year 1500.'' His son Sir John Ruthir- 
ford was also Provost of Aberdeen from 1496 to 
1500. On the 15th May 1485 King James III. 
granted " familiari servitori suo Johanni Ruthirfurd 
militi terras de le Est-toune et Tarlane in Cromar 
vie. Aberdene." 

Sir John's coat was the original one of Hundalee, 
with a boar's head couped in base, to commemorate 
no doubt his descent from the Gordons. His father 
bore the same coat, but instead of the boar's head 
he placed a bunch of three holly leaves in base for 
difference. 

The same arms were borne by Alexander Ruthir- 
furd, Provost of Aberdeen from 1591 to 1609, 
probably Sir John's grandson. This gentleman was 



lxxi 

sent as Commissioner to London " to treat concern- 
ing the Union of Scotland, designed by King James 
VI.," and the said Master Alexander made a pithy 
speech against the Union, but in such broad Scots 
tongue that some of the nobles standing near the 
King said, " That gentleman may speak good sense, 
but we cannot understand him," upon which he 
delivered his speech in French ; whereupon the clergy 
cried out, " Ignotum omnino ignotum," upon which 
he presently delivered the same or some such 
speech in Latine that the clergy might understand 
him, but scorned to speak the least English word 
that he could shun ; and when the King observed 
some near the throne enquiring, he said " This is a 
burgess from one of my poor fisher towns in Scot- 
land," and took some opportunity to give him a ring 
off his own finger. His son, David Ruthirfurd, was 
Provost of Aberdeen from 1620 to 1623. 





John Ruthirfurd of Migvie. 
Provost of Aberdeen, 1485. 



Sir John Ruthirfurd of Tarlane, 
Provost of Aberdeen, 1500. 



Ixxii 

Amongst the names mentioned in the Chart 
Pedigree of descendants in the female line from the 
Ruthirfurds, appears that of " the greatest man who 
ever bore the name of Scott, and, moreover, one of the 
most celebrated Scotchmen who ever lived" — the illus- 
trious Sir Walter. His mother came of a family 
which produced several distinguished men ; her 
father, grandfather, and brother all made their mark 
in their respective professions. Their descent has 
not been clearly traced, and has been commonly 
deemed to have been from Hundalee ; but the third 
Lord Jedburgh, an accomplished man and fond of 
antiquarian research, stated that he had sought in 
vain for any male descendant of his mother's family ; 
so it seems probable that the minister of Yarrow's 
predecessors, who lived at Edgerston-rig, and pre- 
viously at Groundisnooke in Scraisburgh, sprang from 
the Hunthill race, to whom that barony belonged, 
perhaps from a younger brother of William of Lang- 
newton. John Ruthirfurd in Groundisnook mar- 
ried Margaret, daughter of Philip Ruthirfurd, tutor 
of Edgerston. Their son, Andrew, a clergyman, was 
schoolmaster at Jedburgh in 1660 ; he married Anne, 
daughter of Bearhope of that ilk, and had a son, 
John, who very probably was the minister of Yarrow. 



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Gift by the King of the Ward of 



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t&bttHi?*,* ymfofluHH, yutxiutUiHfi &?Jtez*i+i£y\$H*+*n<fe ntfm 













he Lands of Rutherfurd, 1502. 




V^S&j feu-iHthw} J&*tt*^H&fafft^*?>u-t\ toi*nl>ffa*#$i ti*f*>H6 pzofrfi&tnfK tout? 








Jxxm 

LETTER of CONFRATERNITY by the Prior 
of Lufno to George Rutherfurd, and Elena, 
his Wife, 1464. 

TRANSLATION. 

Friar Thomas Borthwyk, Prior of Lufno, and servant of the 
brethren of the Order of the Blessed Mary, Mother of God, of 
Mount Carmel, to his beloved in Christ, George Rutherfurd, Ellen 
Rutherfurd, his wife, with their children, wisheth health, and that 
by the suffrages of prayers they may happily attain to the heavenly 
kingdom : As we have been informed by our brethren, of the 
benevolent mind which you bear towards our order, we desire, 
earnestly attending to the oracle of the lively voice, and com- 
mending you in the Lord, to render to you, as much as we are 
able with God, a wholesome return as to those things which make 
for the health of souls : Wherefore, in all masses, prayers, preach- 
ings, fasts, vigils, abstinences, labours, and all other good things, 
and whole benefits which, in the clemency of the Saviour, shall 
be deemed worthy to be wrought by us and the brethren of our 
order, as well in life as after death, we do make you partakers and 
consorts : Adding, nevertheless, and of special favour granting, 
that when the memory of your obits shall be recited in our chapter, 
the same shall be done for you in all and sundry respects as is 
commonly accustomed to be done there for the deceased brethren 
of our order. — In witness whereof, the seal of our office of Priory 
is appended to these presents. — Given in our convent of Lufno on 
the Feast of St. Michael the Archangel (29 Sept.) 1464. 



GIFT by the King of the Ward of the Lands of 
Rutherfurd, 1502. 

TRANSLATION. 

James, by the Grace of God King of Scots, to all his worthy 
men to whom these present letters shall come, greeting. — Know 
ye that we have given and granted, and by the tenor of these 
presents do give and grant, to a Reverend Father in Christ, and our 
lovite counsellor Andrew, Bishop of Moray, and Commendator of 
Pittenweem, and Coldingham in England, and to John Forman, 



JXX1V 

brother-german of the said Reverend Father, and the survivor of 
them, conjunctly and severally, the ward of all and sundry lands, 
rents, and possessions whatsoever, with the pertinents, wherever 
they are within our kingdom and pertaining to us, and being in 
our hands by reason of ward or non-entry of the lawful heirs, by 
decease of the late James Rutherfurd of that ilk, or of the deceased 
Richard Rutherfurd, grandson of the said James, for the whole 
time of the ward and non-entry thereof, always and until the lawful 
heir or heirs shall have recovered entry to the same ; together 
with the marriages of Katherine Rutherfurd and Ellen Rutherfurd, 
granddaughters and heirs of the said James, and sisters and heirs 
of the said Richard ; who deceasing unmarried, the marriages of 
the heir or heirs-male or female succeeding to the heritages of the 
said James and Richard : To be held and had, the ward of all and 
sundry the said lands, rents, possessions, and non-entry thereof, 
with the pertinents, together with the aforesaid marriages, to the 
said Reverend Father, and John, his brother, and the survivor of 
them, conjunctly and severally, and their assignees, one or more, 
with advocations and presentations of benefices and chaplainries 
pertaining to us by reason foresaid, and with all other and sundry 
commodities, freedoms, profits, easements, and their just pertinents 
whatsoever belonging to the said ward, non-entry, and marriages, 
or that may in future in any way justly belong thereto ; with power 
to the said Reverend Father, John, his brother, and their assignees, 
to intromit with and dispone upon the said ward, non-entry, and 
marriages as to them shall seem most expedient, convenient, and 
opportune to their utility and advantage, freely, quietly, well, 
and peaceably, without any impediment or revocation whatever : 
Wherefore, to all and sundry whom it concerns, or may concern, 
we straitly charge and command that they promptly answer, obey, 
and intend to the said Reverend Father, and John, his brother, and 
either of them, conjunctly and severally, and their assignees, one 
or more, in all and sundry things concerning the aforesaid ward, 
non-entry, and marriages, under all pain competent in that behalf. 
■ — In witness whereof, we have caused our Great Seal to be set to 
these presents at Jedburgh, the twelfth day of November, the 
year of the Lord one thousand five hundred and second, and of 
our reign the fifteenth. 



Letters of Tutory on beha 




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of Helen Rutherfurd, 1502. 



,■ 











^^m4/FHW^»^ 4**<*f^m^ Inar&^rmU *<^'&fr&J& 



tffMt^p l^^P^nj-hx 




i»*<e. 





Lxxv 
LETTERS of TUTORY on behalf of Helen 

RUTHERFURD, I502. 

TRANSLATION. 

James, by the Grace of God King of Scots, to all his good 
men to whom these present letters shall come, greeting : Whereas 
it appertains to the regal office opportunely to provide help and 
remede to pupils, and in their minority lacking constituted lawful 
tutors and defenders, lest their lands, rents, possessions, or goods 
should be dissipated, alienated, or transferred to extraneous pur- 
poses, we have made, therefore, constituted and ordained, and 
by the tenor of these presents do make, constitute, and ordain, 
the Reverend Father in Christ, and our lovite counsellor Andrew, 
Bishop of Moray, Commendator of Pittenween, and Coldingham 
in England ; also our lovite familiars, John Forman, his brother, 
Mr. James Henderson, and Mr. Henry White, Rector of Rothes, 
and any of them, conjunctly and severally, tutors-dative to Ellen 
Rutherfurd, grandchild and heir of the late James Rutherfurd of 
that ilk, her grandfather, and sister and heir of the late Richard 
Rutherfurd of that ilk, her brother, and administrators of all and 
sundry her lands, annual-rents, and possessions and goods, movable 
and immovable, whatsoever pertaining to the said Ellen, until her 
lawful age : Providing that the said tutors-dative shall do and fulfil 
to the said Ellen, until she shall come to lawful age, all and sundry 
things which by the law or custom of our kingdom tutors-dative 
are bound to do and fulfil ; and when she shall come to lawful 
age, they shall render to her and her nearest friends faithful 
account and reckoning of the said lands, rents, fermes, and goods : 
Wherefore we straitly charge and command all and sundry whom 
it may concern promptly to answer, obey, and intend to the said 
Reverend Father, and the other persons aforesaid, as tutors-dative 
to the said Ellen, appointed by us, and either of them, conjunctly 
and severally, and their factors, in all and sundry concerning the 
said office of tutor-dative, under all pain competent in that part- 
Given under the testimonial of our Great Seal at Stirling the 
eleventh day of January in the year of the Lord one thousand 
five hundred and second, and of our reign the fifteenth. 



lxxvi 

SASINE to William Turnbull, Procurator for 

Helen Rutherfurd, of the Lands of Maxton- 

Crag, 1504. 

TRANSLATION. 

In the name of God, Amen : By this present public instrument 
be it plainly known to all, that in the year of the Lord's Incarna- 
tion one thousand five hundred and four, the tenth day of the 
month of July, the seventh indiction, and the first year of the 
pontificate of the Most Holy Father in Christ and our Lord 
Julius II., by Divine Providence Pope ; in the presence of me, 
notary public, and witnesses underwritten, personally compeared a 
discreet man, AVilliam Turnbull, son and apparent heir of Adam 
Turnbull of Phillophauch, procurator, and in the name of a noble 
damsel, Helen Rutherfurd, heir of the late James Rutherfurd, her 
grandfather, as to me, notary public, clearly and evidently ap- 
peared, by instrument of Mr. John Sawchquhy, notary public, 
containing in itself the form of a procuratory, and going to the 
presence of a prudent man, George Douglas of Bun Jedward, 
presented to him a certain precept of sasine of a noble man, Sir 
William Colwil of Wchiltre, Knight, requiring, with instance as 
was meet, the said George, that he would give to him the said 
William, procurator in name as above, heritable state, possession, 
and sasine : which George, bailie in that part, received the same 
precept into his hands, and delivered to me, notary public, to be 
read ; of which precept the tenor follows in the vulgar, and is 
thus : AVilliam Colvill of Wchiltre and Oxnem, Knycht, to my 
lovittis George Douglas of Bun Jedward, Andro Douglas of Tyni- 
pyndeane, George Rutherfurd, sone and apperand air to Jhonc 
Rutherfurd of Hunduelle, my balye in that part specialie con- 
stitute, greting : Forsamekill as it is evidentlie knauin to me be 
our soverane lord the kingis brevys execut and retowryt, that 
Helyne Rutherfurd is nearest and lawfull air to James Rutherfurd, 
hir grandschir, the quhilk deit last westit and saissit of the landis 
of Maxtoun Crag, with the pertinence, haldin of me as barone of 
Oxnem ; quharfor I charge yow and commandis you, and ilk ane 
of you conjunctlie and severalie, to pas to the said landis of 
Maxtoun Crag, lyand within the shirefdom of Roxburch, and thar 
that ye gif and deliver to the said Helyn or hir actornay heretabil 
stait, seising, and possessione of the saidis landis of Maxton Crag, 



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Jxxvii 

with the pertinence, be the deliverance of erd and stane, eftir the 
forme of the instrument maid thairupon ; the quhilk to do I 
committ to yow and ilk ane of you, conjunctlie and severalie, my 
full power, be thir my lettres, gevin onder my seil and subscrip- 
tione manuale at Oxnem the nynt day of Julij the yere of God 
one thousand five hundreth and four yeris : and such was the said 
precept ; the which George, granting his said request to be just 
and consonant to reason, passed to the principal messuage of the 
said place of Maxtoun Crag, and there gave actually and delivered 
to the said William procurator in name as above, heritable state, 
sasine, and possession of the said lands of Maxtoun Crag, with the 
pertinents, throughout their ancient measures and divisions, by 
delivery of earth and stone as the custom is : Upon which all and 
sundry the foresaid William, procurator in name of the said 
Helen, as above, craved from me notary public underwritten, 
public instruments or instrument, one or more, to be made to 
him : These things were done at the said principal messuage of 
the lands of Maxtoun Crag, about the third hour afternoon, or 
thereby, under the year, month, day, indiction, and pontificate 
aforewritten ; Robert Scot of Hanyne, John Douglas, James 
Douglas, Mr. Archibald Layng, notary public, William Wauch, 
John Wilkinsone, and Symon Thomsone being there present, 
witnesses to the premises, called and also asked. 

[William Wilkinsone, Notary.] 



REMISSION by the King to John Foreman and 
Others for the Slaughter of Thomas Ruther- 
furd in Jedburgh Abbey, 1506. 

TRANSLATION. 

James, by the Grace of God King of Scots, to all his good men 
to whom these present letters shall come, greeting : Know ye, that 
of our special favour, and also at the request and solicitation of 
our dearest consort the Queen, we have remitted to John Forman 
of Dawane, Baldred Blacater of Wodhall, Knights, John Twedy 
of Drumelzear, Alan Stewart, Robert Blacater, son and heir- 
apparent of Andrew Blacater of that Ilk, Adam Blacater, Charles 



lxxviii 

Blacater, John Heryott, Adam Tumbule of Phillophauch, Wil- 
liam Turnbule, his son and apparent heir, George Dowglace of 
Bonejedworth, John Dowglace, his brother, Andrew Dowglace in 
Tympanedene, Robert Dowglace, his brother, James Turnbule 
in Garcunnok, James Dowglas, in Ugstoun, David Lindesay of 
Erlisorchart, James Turnbule in Kirkhope, James Weir, Hugh 
Weir, his brother, Mark Turnbule, David Turnbule of Wauchop, 
David Turnbule, William Dunnekeir, William Hucheson in Car- 
stairs, and all other persons in the company and service with the 
Most Reverend Father in Christ, and our lovite councillor, Robert 
Archbishop of Glasgow, and with the said John Forman of 
Dawane, Knight, bearers of these presents, being within our monas- 
tery of Jedworth, and bounds thereof, delated, accused, or to be 
accused for the slaughter of the late Thomas Rutherfurd, com- 
mitted within our said monastery — all rancor of our mind, royal 
suit, and all action which we have conceived, have or might have, 
against them, or any of them, for the said slaughter ; and for 
all other actions and crimes committed by the said persons, or 
any of them, and by occasion of this slaughter might be imputed 
to them, or for rapine of anything of any one, or of goods taken 
away by the said persons, or any of them, from the said Thomas, 
or from any others, at the aforesaid time, or for any other crimes 
committed by the said persons, or any of them, at the same time, 
within the bounds of our said monastery only : Further, we will 
and declare that our present remission shall extend to and suffice 
as well for all persons who might be accused for the said slaughter 
and crimes, and for art and part thereof, whose names are not 
specified in our present letters of remission, as for the said persons 
above expressed ; only they shall make such amends and satisfac- 
tion to the parents and friends of the said Thomas, and to other 
parties complaining, and shall satisfy for the damages incurred in 
such manner that we shall hereafter hear no just complaint there- 
upon : And taking the aforesaid persons justly under our peace 
and protection, we straitly inhibit any one from presuming un- 
justly to inflict any evil, injury, molestation, or grievance upon 
them, or any one of them, by occasion of the transgressions fore- 
said, upon our full forfeiture, or to inflict death upon them, or any 
one of them, under penalty of loss of life and members. — In wit- 
ness whereof, we have made these our letters of remission patent 
to last for the whole time of the life of the said persons, under our 
Great Seal, at Edinburgh, the last day of February 1506, and of our 
reign the nineteenth year. 



Ixxix 

AGREEMENT for Settlement of Feuds between 
the Rutherfurds and Kers, a.d. 1560. 

At Ancoram Spittell .... Gylbert Ker of Primsydlouch .... 
Thomas MacDowell of Makcarston .... James Ker of Quhit- 
muir chosin for .... the lard of Graden James Ker of Corbit- 
hows Robert Ker of Newhall .... takand the burding vpon 
tham for the rest of thair kin freindis allya and partakeris with 
tham Nychollaus Rutherfurd of Hundalie Knycht George 
Rutherfurd in Grainge Niniane Cranstoun of Schawis George 
Ruthirfurd Johne Rutherfurd in Know chosin for the partis 
of Johne Rutherfurd of Hunthill Richard Rutherfurd of 
Edzerstoun George Rutherfurd of Langneutoun Sir Thomas 
Trumbill of Bedroull Knycht Sir William Cranstoun of that 
ilk Knycht takand the burding vpon tham for the rest of thair 
kin freindis allya and partakeris on that vthair pairt as jugis 
arbitouris and amicable compositouris anentis all maner of 
sclawchteris committit and don be athir of the saidis parteis 
aganis vthiris quhatsurnever that athir of tham may allege 
propon or input to vthiris and thairthrowch all deidlie fedis 
past thairvpon preceding the day and dait of ane compromitt 
maid betwix the said parteis at the said Ancoram Spittell the 
sext day of June the yeir of God ane m. v c j; and lx. yeris vnder 
thair subscriptiones and als anentis all vthir actiones querelis 
caussis contraverseis and debatis pleable quhilk athir of the 
saidis parteis mycht allege propon or moif aganis vthiris pre- 
ceding the said dait as the samyn at mair lenth proportis We 
convening oft and divers tymes thairanentis accepting bayth the 
saidis pairteis clames hinc inde producit befoir ws hering 
thair allegationis thairintill efter our lang ressoning thairvpon 
being riplie avisit thairwith haiffing God befoir our ein in guid 
conscience we being oblist and suorn alsua the holie evangelis 
tuichit to pronunce deliver and decreit in the said materis lik 
as the saidis parteis respective are oblist and suorn to vnderlie 
abyd and fulfill this our deliverance pronuncing and decret 
thairintill as the said compromitt beris all in ane voce mynd 
consent and assent for our finall sentence pronunceis deliveris 
and decretis in maner as eftir followis that is to say Anentis the 
slawchteir of vmquhill William Ruthirfurd of Langnewtoun 
committit be Robert Ker of Newhall for assythment heirof it 



lxxx 

is decernit that Sir Andro Ker of Litillden saidis sail satisfie 
George Ruthirfurd of Langnewtoun his son at his plesour 
betwix this day and the first day of June nixtocum or eliis to 
content refvnd and pay to him the sowm of fiwe hundreth 
pundis money of this realm and that the said Robert Ker of 
Newhall sail cum befoir the congregatioun time of the preen- 
ing in the Kirk of Ancorame vpone Sonunday the xxv. day of 
May instant and offer the sword to the said George asking 
God mercie and him and his freindis forgivenes according to 
the practik and fassioun of the cuntrey Anentis the slawchter 
of vmquhill Johne Ruthirfurd in Edzarstoun and mutilatioun of 
Johne Ruthirfurd thair be Sir Andro Ker his freindis and 
seruandis for assythment heirof it is decernit that Andro Ker 
sone and appeirand air to Robert Ker of Newhall or failzeing 
by decis his nixt brother quhatsumener succeding to him sail 
compleit mariaige in face of the congregatioun with 
Ruthirfurd dowchter to Philip Ruthirfurd in Edzarstoun quhilk 
inlaking by deceis with ony gentill woman of that surname and 
bluid as scho is at the sycht of Richeart Ruthirfurd of Edzars- 
toun quhilk mariaige sail be compleitit als son as the said sones 
be yeris of aige and the wemen xij yeris And the 

said woman sua to be mareit salbe indawit and possessit in 
[aucht oxin] gait of land of Newhall during all Qthe dayis of hir 
lyfe] and in cake the said mariaige sail faill the said Robert Ker 
of Newhall sail content and pay to the said Philip Ruthirfurd 
the sowm of fiwe hundreth pundis money foresaid 
Thomas Ker of Farinton the said day . . . the slawchter 
of Edzarstoun sail ask God mercie and him and his 
freindis forgevines for .... the slawchter [of Andro] 
Ker of Corbithows committit be Johne Ruthirfurd of Hunthill 
his freindis and [servandis] Sir Thomas Trumbill of Bedderoull 
Knycht vpon the grownd for assythment heirof it is decernit 
that William Ruthirfurd secund son to the said Lard of Hunthill 
quhilk by deceis inlakin his nixt brother succeding sail betwix 
this day and the first day of August nixt tocum compleit mariaige 
with Haufie Ker sister to James Ker of Corbithows quhilk by 
deceis inlaking vnmareit with hir yownger sister in presence of 
the congregatioun quhilk woman sua to be mareit salbe in- 
dawit and possessit with awcht oxin gait of land be the Lard 
of Hunthill during the dais of hir lifryme And in cais the said 



lxxxi 

mariaige faill in defalt of the said Lard Hunthill vncompletit 
the said Lard Hunthill sail refond content and pay to James 
Ker of Corbithows the sowm of fiwe hundreth pundis money 
forsaid Forder Johne Ruthirfurd sone and appeirand air to 
Johne Ruthirfurd of Hunthill sail the saidis day and place 
semblalie offer the sword to James Ker of Corbithows asking 
God mercie and him and his freindis forgevines Anentis the 
fait imput to Sir William Cranstoun of that ilk Knycht and 
his brothir for being vpon the grovnd quhair vmquhill Andro 
Ker of Corbithows was slaine it is decernit for assythment 
heirof that Robert Cranstoun brothir to the said Lard of Cran- 
stoun sail the saidis day and place offer the sword semblalie 
to James Ker of Corbithows asking God mercie and him and 
his freindis forgevines And the said day and place Sir Andro 
Ker of Litillden Knycht sail for being vpon the grovnd 
quhair Sir Walter Scot of Bukclewch Knycht was slaine ask 
God mercie and the said Lard of Cranstoun and his brothir 
forgevines thair moder brothir and the said Sir Andro and 
James Ker of Corbithows remittis the offer of the said Lard of 
Cranstoun to the vsing and discretione of the Ruthirfurdis 
Anentis the brekin of ane decreit past vpone ane compromitt 
maid betwixt Johne Ruthirfurd of Hunthill and Robert Ker of 
Newhall concerning the mariaige of the Lard of Graden for 
non fulfilling of the samyn be the said Robert it is decernit 
that all the guidis and geir of the said Robert salbe in the will 
of the said Lard Hunthill effering to the valour of the mariaige 
of the said Lard of Graden and to be modefeit be ony four 
gentill men of the cuntrey Anentis the slawchter of vmquhill 
Johne Ruthirfurd sone to the Lard of Ruthirfurd committit be 
the Haitleis and als anentis the slawchter of William Haitlie in 
Fawnis be Robert Ruthirfurd in Edzarstoun and his freindis 
it is decernit that the ane slawchter sua committit sail stand and 
assicht the vthir and that the said day and place Johne Haitlie 
of Mellastanis and Richert Ruthirfurd of Edzarstoun with his 
freindis sail joine and schaik handis remitting all forthocht 
haitrent Likwis it is decernit that the said day and place 
Niniane Cranstoun of Schawis and Thomas Haitlie brothir to 
the said Lard of Mellastaines joine and schaik handis forgeving 
vthir of all foir past displesour . . . betwix Sir Andro 
Ker and the Lard of Hunthill it is decernit that . . *. 



Ixxxii 

saidis pairteis within xv. daiis efter Witsonunday nixt to cum 
vpon . . . according to resson Anentis all vthir actiones 
caussis .... betwix athir of the saidis pairteis preceding 
the . . . and all vtheris quhat . . . it is decernit that 

and in cais of ony discrepance befall ai 
the samyn to be referrit to the trial 1 takin of decernit 

that all the said parteis in all tim cuming sail com 
yeris aganis all liflie and deidlie the auctorite their cheiffis 
and maisteris ... lie in concord and amitie all the rest 
of thair dais and this for our finall . . . and pronunceit 
till all tham quham it efferis making it plainlie kend be this our 
decreit pronunceit the said day and place subscriuit with our 
handis as efter followis befoir thir witnes George Dowglas of 
Abone-jedburgh yownger Nicholl Grimislaw Alexander Mow 
Johne Ma c Dowgall Johne Trumbill of Philiphawch and Johne 
Bukkam of Belehows with vtheris diuers. 

The offer of the Lard of Cranston referrit to the vsing 
and discretion of the Lardis of Hunthill Edzarston 
Hundalie and Johne Ruthirfurd of Know 
(Signed) Nycholl Ruderfurd 

Johne Rwderfurd in Know 
Gylbert Ker of Primsydlowch 
Thomas Makdowell of Makcarston 
Jone Mow off that ilk 
Alex r - Makdowell off Stoidryg* 
Niniane Cranston of Schawis George Trumbill in Tour James 
Ker of Quhytmuir George Ruthirfuird in Grainge with our 
handis at the pen led be the notar underwritten at our desir 
becaus we culd nocht writ ourselffis Idem asserit Magister 
Thomas Cranstoun tanquam tabellio publicus dictis Niniano 
Georgio Jacobo et Georgio jubentibus subscribens attestantibus 
meis nomine et signo solitis. 

(Signed) Richert Ruthirfurd of Edzarstoun 

John Ruthirfurd of Hunthill George Ruthirfurd of Langnewtoun 
Philip Rutherfurd of Edzarstoun John Rutherfurd thair 

with our handis at the pen led be the notar underwritten at 
our desyr. 

Idem asserit Mr Thomas Cranstoun tabellio publicus 

Cranstoun . . . Bedderroull knycht 

* The autograph signatures end here. 



lxxxiii 

MINUTES of SYNOD regarding the Rutherfurd 
" Loft" in Jedburgh Church, a.d. 1665. 

Att Jedbrughe, the twelve day of Apryle, J m - vi c - 
thrie scoire fyv yeiris. 

The said day ane petitione was given in be the Laird of 
Hunthill anent ane contravertit loft in the Kirk of Jedbrughe, 
wherin the Laird of Craillinghall and Edzerstoune ar concernit. 
The Airchbischope of Glasgue and Synode haveing considdered 
the same appoints the saids pairties concernit to have ane sight 
of the said petitione given in be the Laird of Hunthill that they 
may answer the samen. 

(Signed) Lud : ffairfull, clerk to the Synod. 

Att Jedbrughe, the threttin day of Apryle, J m - vi c - 
thrie scoir fyve yeiris. 

The said day the lairds of Craillinghall and Edzerstoune, 
compeiring befoir the Airchbischop of Glasgue and Synod, 
gave in answer to the petitione presented be the laird of 
Hunthill anent the contravertit loft in the Kirk of Jedbrugh. 
The Airchbischop and Synod, takin to ther serious considdera- 
tione both the petitione and answer maid to the same, and finding 
it not possible for them at present to come to the determinatione 
of the maitter, appoints ane comitie to heir and cognosce wpon 
the differences betwixt the foirsaid pairties about the said con- 
travertit loft, whois names ar as ffollowes : — Mr. John Douglas, 
Mr. Thomas Abernethie, Mr. James Douglas, Mr. Andrew 
Pringle, Mr. Peter Blair, Mr. Alexander Kinneir, Mr. Archibald 
Dowglas, Mr. John Adamsone, Mr. William Muschett, Mr. 
Francis Scott, Mr. Alexander Forrest, Mr. Richard Weddell, 
Mr. Thomas Inglishe, Mr. John Halyburtoun, Mr. William 
Turnbull, Mr. John Broune, Mr. John Clappertoune, Mr. 
Thomas Courtney, Mr. John Somervaill, Mr. James Knox, Mr. 
James Smith, and Mr. John Karmichaell ; and appoints the first 
Wednesday of May, being the thrid day therof, to the saids 
members of Synod for their meitting in the said matter at 
Jedbrugh, Ordaining them to examine witnessis in the said 
matter, and to tak to ther cognisance both pairties rights to the 
said loft, and to report the stait of the busines to the nixt 



Ixxxiv 

comitie at Peebles, being the sevintein day of May, which is 
the Wednesday immediatlie efter Whitsonday. And the 
moderator and brethren of the said presbetrie ar heirby im- 
powered to ischew furth sumonds to sumond such witnessis as 
aither pairties shall think fitt to nominat for clearing of the 
foirsaid difference, and, if neid beis, to seit both pairties to 
appeir befoir the Airchbischop and comitie at Peebles the said 
day. And appoints Mr. Thomas Inglish moderator of the said 
meitting at Jedbrugh, as lykwayes any sevin of the forsaid 
number to be a quorum, the moderatour being one ; And, in 
the mean tyme, all things to continew in the staite they ar at 
present. And whosoever failzies to appear at the said meitting 
the Airchbischop and Synode ordaines them to pay the soume of 
Twentie marks, and the samen to be collectit be Mr. Richard 
Woddell. And both pairties being called in, the foirsaid act 
was red to them, and they sumoned apud acta to compeir the 
said day and plaice. The Airchbischop desyred they might 
live peaceablie till the busines wer determined. Quhairunto they 
assentit. Extractit be me, 

(Signed) Lud : ffairfull, clerk to the Synod. 



lxxxv 

AGREEMENT regarding the Burial Place of the 
Rutherfurds in the Church of Jedburgh, &c, 
a.d. 1666. 

At Edinburgh, the Twentie sevint day of November, J m - vi c - 
thriescoir sex yeires. That, whairas a frie and freindly com- 
muning was appoynted for composing of all differences betwixt 
the right honorabill the lord Rutherfuird and Hunthill his 
father, on the ane pairt, and the right honorabill Crellinghall 
and Edgarstoun, his freindes, on the vther pairt, and specially 
anent thair buriall places in the churche of Jedburgh and ane 
key of the door entring thairto, which was taken from the said 
Hunthill be ane decreitt of the presbetrie ; and also anent ane 
loft and seatt in the said kirk, which was in debaitt amongest 
them. And four ministeres — Videlicet, Mr. James Scott, 
moderatour of the presbetrie of Jedburgh, and Mr. Thomas 
Courtney, moderatour of the presbetrie of Selkirk, ffor the 
lord Rutherfuird, and Mr. James Craig, minister at Selkirk, 
and Mr. Robert Hoom, minister at Oxnam, ffor the saides 
CraiUinghall and Edgarstoun — -being nominat and choisin be the 
saidis pairties to mediatt betwixt them ; and having met the 
foirsaid day and place for that effect, both the saides pairties be 
thair mediatione, and out of the mutuall respect each of them 
beares one to another, and earnest desyre that both of them 
have of peace, it is aggried in maner eftir following — that is to 
say, as for the key of the quyre door, CraiUinghall and 
Edgarstoun aggrie that it sail be delyvered to the lord Ruther- 
fuird, and the said lord Rutherfuird obleissis himself, within 
Ten dayes thaireftir, to putt the said key in the handes of Johne 
Rutherfuird, late proveist of Jedburgh, to the effect that two 
vther keyes may be maid conforme thairto, and the one de- 
lyvered to CraiUinghall and the vther to Edgarstoun immediatlie 
thaireftir, that they may have frie ische and entrie to the said 
kirk and to thair buriall places in the said quire. And farder, 
it is also aggried that the back door of the said quire sail aither 
be built vp or ane door and lock putt vpone the same, and 
thrie keyes thairof to be maid and delyvered — one to the lord 
Rutherfuird and the vther two to CraiUinghall and Edgarstoun 
— to the effect foirsaid. Lykas both pairties condescend that 
thair be ane measone imployed on all pairties chairges to mak 



Ixxxvi 

closse the wall about the quyre, that ther severall buriall places 
may be keiped clean and decent, and for this purpose commis- 
sionattes the said Johne Rutherfuird to see the said repairis 
done. As alse it is condescended to be baith the saidis pairties 
that thair aggriement foirsaid, anent thair buriall places and 
keyes, sail stand not only for themselves, bot for them, thair 
aires, and successores in all tyme coming. And as to the 
proces of reductione, at the instance of Hunthill, concerning 
the loft in the kirk of Jedburgh, both pairties, considdering that 
the said kirk at present is waist, and some thoughtes of building 
a new kirk, it is aggried that that processe sail surcease vntil 
it be resolved whither thair sail be a new kirk or the present 
kirk repaired. In quhich caice of reparatione, and that the 
present loft sail remaine to be maid vse of, than and in that 
caice, baith pairties obleissis themselves to submitt thair differences 
concerning the same to two indifferent and vndirstanding per- 
sones, one for each pairtie, to cognosce and determine in the 
said matter. In witnes quhairof baith the saidis pairties have 
subscrivit thir presentis, day, moneth, place, and yeir of God 
foirsaidis, befoir thir witnessis — Sir Alexander Vrquhart of 
Crommertie, Captane Johne Rutherfuird, and Mr. Thomas 
Carre, wrytar in Edinburgh and wrytar heirof, and Rodger 
Rutherfuird, servitor to the said lord Rutherfuird. (Signed) 
Rutherfurd, Ro : Kerr, J. Rutherfurd. S r - A. Vrquhart, 
witnes ; Thomas Carre, witnes ; Roger Rutherfurd, witnesse. 

[DorsoJ 

Aggriement betwixt the lord Rutherfuird and Craillinghall* and 
Edgarstoun. 1666. 

* Sir Robert Karre of Crailing-hall (third Lord Jedburgh) inherited his 
mother Marie Rutherfurd's estates of Hundalee, &c, with the family 
burial-place in Jedburgh Abbey. 



Ixxxvii 

LETTER OF CHARGE to the Sheriff of 
Roxburgh to desist from the service of John 
Ruthirfurd of Hunthill as heir to his brother 
Andrew in the Barony of Capehope, &c. 

Marie be the grace of God Quene of Scottis to oure lovittis 
William Deikesown ....... 

Oure Shereffis in that pairt conjunctlie and severalie 
specialie constitute greting fforasmekill as it is bumlie menit 
and schawin to us be oure lovittis Maister Henry Lauder and 
Johnne Spens our advocattis and Johnne Stewart of Tracquair 
for his interes That quhairas thai ar informit Johnne Rutherfurd 
of Hunthill hes purchest ane brief of inqueist of oure chapell 
direct to oure SherefF of Roxburgh and his deputis for serving of 
him as nerrest and lauchfull air to vmquhile Andro Ruthirfurd 
of Hunthill his bruther of certain landis and annuettis liand within 
oure said sherefdome quhilk breif is proclamit as our saidis 
advocattis ar informit to be servit befoir our said Sheref and his 
deputis the . . . day of ... at the quhilk day the 
said Johnne intendis to get him self servit of the landis and barony 
of Kaiphope with the pertinentis liand within oure sherefdom 
foirsaid quhilkis landis is allegit to haif bene resignit be vmquhile 
Helene Ruthirfurd of that Ilk ant to Johnne Stewart* of Trac- 
quair spous to the said Andro Ruthirfurd for the tyme and that 
the said Johnne hes gude rycht to object aganis the said brief 
and may nocht gudelie pas to Jedburg for stopping of the 
service thairof and defending of his just rycht be ressoun thair 
is deidlie feid betwix the Ruthirfurds and the Kerris and the 
said Johnne is alliay with the Kerris and has the laird of 
Cessfurd's dochter to his wyfFe and incais he would pas fordwart 
to that effect his saidis alliay behuiffit to pas with him with 
convocatioun of thair freyndis for thair defence quhilk mycht 
provoke ane gret inconvenient And as the said Johnne Stewart 
raisit befoir ane brief direct to our said sheref and his deputis 
for serving of him as nerrest and lauchfull air to the said 
vmquhile Helene of the saidis landis of Ruthirfurd and of the 
said barony of Kaiphope as ane pairt of the samin and our 

* This Sir John Stuart, who subsequently settled the quarrel betwixt the 
families by signing confirmation of the Crown grant of Edgerston to his 
cousin, Richard Ruthirfurd, died unmarried, and was succeeded by his 
younger brother, James. 



lxxxviii 

derrest moder dischargit the service thairof be her letteris to be 
in Jedburg and ordainit ane commissioun to be given direct for 
serving thairof befoir certane sherefFs in that pairt of oure said 
Sherefdome in the tolbuyth of oure burgh of Edinburgh be 
ressoun her hienes had speciall entres thairto according to the 
quhilk the said Johnne Ruthirfurd has obtenit ane commissioun 
of the Lordis of our Counsale direct to certane men of the law 
makand thame sherefEs in that pairt of oure said Sherefdome 
for serving of the said brevis in the said tolbuyth of our burg 
of Edinburg Ouhilkis Jugeis are sworne and hes acceptit the 
samin upoun thame Nochtwithstanding the quhilk the said 
Johnne Rutherfurd under cullour thairof nocht purpossing to 
persew the service of the saidis brevis befoir thame intendis 
previlie on his maner to obtene his saidis brevis servit at the said 
day befoir oure said sheref of Roxburg and his deputis with- 
out any knowlege thairof to cum older to oure said advocattis 
ares or the said Johnne Stewart for his interes quairthrow nocht 
onelie he bot alswa we for oure interes wilbe gretumlie hurt 
incas ouer said sheref and his deputis be sufferit to proceid 
quhilk on nawys aucht to be sufferit in respect to the commis- 
sioun ellis grantit and utheris caussis abone writtin as is allegit 
Ouer will is heirfoir and we charge you straitlie and commandis 
that incontinent thir ouer lettres sene ye pas and in ouer 
name and auctorite command and charge oure said Sheref of 
Roxburgh and his deputis to desist and ceis fra all proceeding 
upoun the serving of the saidis brevis purchest be the said 
John Ruthirfurd of Hunthill or ony utheris as air to the said 
vmquhile Helene in tyme cuming ay and quhill the saidis 
shereffis in that pairte chosin be the said commissioun for doing 
of justice in that mater haif maid fynell and thairintill for the 
caussis abonewrittin discharging thame utherwyis of all proceed- 
ing thairintill and of thair offices in that pairte in the mentyme 
quhill the veritie be knawin according to justice becaus the 
the saidis Lordis hes sene quhair the Samin lettres wer gevin of 
befoir in the samin caus as ye will answer to us thairupoun 
The quhilk to do we commit to you conjunctlie and severalie 
oure full power be thir oure lettres delivering thame be you 
deulie execute and indorsate agane to the berair Gevin under 
oure Signet at Edinburgh the viij day of November 1555 and of 
ouer Rignne the xiiij yeir Ex deliberatione dominorum conselij 

J. Freir. 



Ixxxix 



NOTES AND CORRECTIONS. 



CHART PEDIGREE. 



For Mary Ker, wife of John Oliver (youngest of the 
Sheriff's six sons), read Kerr; the families of Abbotrule, 
Fairnilee, and Shaw also wrote their name Kerr. 

The name of the owners of Edgerston and their cadets 
has for some generations been written Rutherfurd, not Ruthirfurd. 

William Alexander Oliver-Rutherfurd of Edgerston 
married first Margaret- Jane, daughter of Edward Young, by his 
wife Elizabeth, daughter of J. Browne Roberts of Ravensbourne 
Park, Kent, whose sisters Katherine-Jane and Margaret-Amelia 
married brothers, Thomas Macmillan-Scott of Wauchope, and 
Charles Scott of Langlee, co. Roxburgh. Edward Young's 
father married the sister of Mr. Oliver-Rutherfurd of Edgerston, 
the sheriff of Roxburghshire. 

Andrew Ruthirfurd of Hunthill had by his wife Margaret 
Livingstone a dau. Margaret, who m. Alexander Durham of 
Largo. Their marriage contract was dated 13th October, 167 1. 
Margaret is therein designated daughter of the late Andrew 
Ruthirfurd of Hunthill. This document has very recently come 
to light, having been discovered amongst the Largo writs. It 
proves that there had been a total misconception respecting the 
descent of the Durhams from the House of Hunthill, as set 
forth in Sir Robert Douglas's "Baronage of Scotland" and 
other printed accounts of the family. 

General James Durham of Largo, and his brother and heir, 
Admiral Sir Philip, claimed the peerage and quartered the arms 
of the Lords Ruthirfurd, upon the strength of the supposition 
that their ancestor married the daughter of Sir Thomas Ruthir- 
furd of Hunthill, This gentleman succeeded as second Lord 
Ruthirfurd, under the will of the Earl of Teviot, made in 1663. 
The singular privilege granted to the gallant General Andrew 
Ruthirfurd, of nominating whomsoever he pleased his successor 
in the peerage of Rutherfurd, has been noticed at page xv, 
where the diploma of the dignity is recited, which has been 



xc 



called " the most curious patent of honours extant." — Sinclair's 
"Dissertation on Heirs Male." 

There was a clause in the will appointing the eldest daughter 
of Sir Thomas heir to the title and estates failing his heirs male. 

Andrew Ruthirfurd of Hunthill, Sir Thomas's eldest brother, 
died ten years before the peerage was conferred upon their 
distant kinsman, and twenty years before his daughter married 
Alexander Durham, who was the second son of Mr. James 
Durham, minister at Glasgow, and laird of Pourie-Durham in 
Angus. Alexander succeeded [upon the death of his elder 
brother Francis, who lived for three months only after he had 
come into possession] to the estate of Largo, co. Fife, purchased 
by their uncle Sir Alexander Durham, Lyon King-of-Arms, who 
died s.p. in 1663. Sir Alexander was son of Sir James Durham, 
Knight of Pitkerrow. 

No other matrimonial alliance between the families is re- 
corded but that of Alexander Durham and Margaret Ruthirfurd 
above named. Sir Thomas, the second peer, and his brothers 
Archibald and Robert, who succeeded as third and fourth 
Lords Ruthirfurd, all died s.p. -, so it is probable that Catherine, 
wife of Lumisden of Innergellie, co. Fife, was also a daughter 
of Andrew of Hunthill. 



Page v. — In 1296 "the Manor of Dodyngton, in Northum- 
berland, Nicholas de Rothirforde's," is mentioned in the list of 
lands in England belonging to hostile Scotsmen, and forfeited by 
Edward I. 

" a.d. 1306. Eva and Marjorie de Rotherforde heirs 
of Monsire Nichol de Rotherforde chivaler Descoce, their 
grandfather, petition the King [Edward I.] for a writ to the 
Sheriff of Northumberland to give them seisin of 100 ' southz ' 
of annual rent in the mills of Doddingstone in that county, in 
which their grandfather was seised at the beginning of this war, 
and ousted on that account." 

On 12 June 1325 "Robert Bruce King of Scots granted 
charter conferring upon Roger son of Finlay all the lands which 
belonged to Eva of Rotherforde and Marjorie of Rotherforde 
her sister in the tenement of Clifton which had fallen into the 
King's hands by reason of forfeiture to the extent of £20 of 
land." — Tower Miscellaneous Rolls, Bain's Collect. 



XC1 

This Roger, son of Finlay del Twydin, was the ancestor of 
the Tuedys of Drummelzier, and got that barony also from 
King Robert. 

Sir Robert de Rothirforde, the friend of Robert the Bruce, 
married Johanna, daughter of Sir Henry de Heton, co. Roxburgh. 

Page vi. — Edward III. on " 6 November 1363" " of special 
favour granted to his lege John Kerre the custody of the late 
William Rothirforde's lands in Tevydale, held in capite, and of 
of William, his son and heir, till majority, with his marriage, 
without disparagement." 

William, the son, appears to have died under age, as Richard 
succeeded. The John Kerre here named was, no doubt, the 
scion of the Anglo-Norman family seated at Kershall, in 
Lancashire, who got from John de Copeland, the English Warden, 
the lands of Auldtounburn, on the Bowmont water, in 1357. 

Page xxiii. — -It is scarcely necessary to point out, as the 
seal appended to the facsimile of the charter speaks for itself, 
that it is not that of Andrew the abbot of Jedburgh in 1464, 
who granted the "lairs" in the abbey to Robert Ruthirfurd of 
Chattow and Margaret Glendonwyn his wife, the heiress of 
Scraisburg. It bears the name of David Beton or Bethune, the 
Cardinal Primate and Chancellor of Scotland, who had given 
confirmation probably of the grant, when visiting Jedburgh 
nearly a century later, and the seal had been attached to the old deed. 

Page xxxvi. — For Perys of Cockburn read William. 
Sir Walter Scott in his history of Scotland [" Tales of a 
Grandfather"] and his " Border Minstrelsy," Sir Thomas 
Dick-Lauder in his " Scottish Rivers," Mr Riddell-Carre in his 
" Border Memories," and the author of the Statistical Account 
of the Paiishes of Lyne and Megget, all mention the redoubt- 
able chieftain of Henderland put to death by King James V. in 
1529, as being named Piers. This is now known to be a 
mistake : it is proved by incontestable evidence that his name 
was William. The tombstone that was discovered in the old 
chapel at Henderland bearing the inscription %tvc lj)c<5 ^crj)5 
of CoJtbum antf Ijjjg Snjjfc 1Hflarior», was placed over the grave 
of the ill-fated William's great-great-grandfather and great-great- 
grandmother. Margaret Cockburn, wife of Sir Walter Scott 
of Buccleuch, was the daughter of the second Piers Cockburn 
of Henderland. The Baron William who was made an example 



XC11 



of to " terrifie vthers" was the son of Katrine Ruthirfurd and 
her husband William Cockburn of Henderland, one of whose 
sisters, Margaret, married first Lindsay of Wauchopedale, and 
secondly William Hay of Tallo, another Marjorie married 
Walter Scott, seventh laird of Sinton. 

Page xxxvii. — Previous to the burning of Hunthill by 
Lord Surrey, mentioned at page xxxvii, the property of the 
Ruthirfurds of that place had suffered severely. There is a 
record amongst the State papers of the time of Henry VIII. 
which is interesting as showing what an important place 
Scraisbrugh was at that time. The writer, sending in his report 
of the doings in the north, states as follows : — 

" xx June a company of Tynedale and Redesdale arciers 
and vther valyant menne ventred vpoun the gratest towne in all 
Tieudale called Scraisbrugh a towne of the Lord Hunthyll's, 
whereas besides rych spoyles and greate plentie of note and shepe 
xxxviii persons were taken, after this victorie who is most to be 
lauded but God by whose goodnesse the Englyshmen have had 
a greate season, notable victories and maters wordy triumph." 

Page xlv. — Jean, eldest dau. of George Ruthirfurd, 
merchant in Dunbar (heir presumptive at the time of his death 
to the title borne by his cousin Robert, fourth Lord), m. as 
first wife William Cockburn, merchant in Ayton, second son of 
Sir A. Cockburn, Bart, of Langton : she d. s.p. He remarried 
his cousin, Frances Cockburn, by whom he had Sir James, sixth 
Baronet. Her sister Isabell Ruthirfurd m. Thomas Hood, 
Ayton, grandson of J. Hwde of Hwdesland, Ayton, and 
Margaret, dau. of J. Edzeare of Wedderlie, his wife. The 
family of Edzeare or Edgar possessed Wedderlie certainly for 
six hundred years. 

Page 1. — " John Lord Rutherford captain in His Majesty's 
Regiment of Guards died 15 January 1745. His Lordship is 
succeeded by his only son Alexander, an officer in the Earl of 
Crawford's troop of Guards. The honours are disputed." 
Obituary 1745. 

His son's claims appear to have been subsequently recog- 
cognised by the Government. In the London Gazette of 16th 
April, 1757, is the notice of the promotion of " Alexander 
Lord Rutherford to be Captain Lieutenant in the Royal 
Regiment of Horse Guards." 



</ 



CONTENTS 



TO 



THE RUTHERFURDS OF THAT ILK. 



POSITIVE AND PROSPECTIVE. 



JUNE, 1903. 



SUPPLEMENTARY 16 PAGES 



TO 



THE RUTHERFURDS OF THAT ILK. 



Printed by Mr. Hood, and not included in the volume as 
issued by him. 






PAGES, 



SUPPLEMENTARY TO CARMICHAEL'S PAPERS, 



HAVING SPECIAL REFERENCE TO 



ANDREW RUTHERFURD, EARL OF TEVIOT 



(Inserted here for convenience of reference). 



For the privilege of copying the following interesting document, and for supplying a transcription of its wording in 
readable English, the publisher is indebted to Mr. Robert Waldie, Glencairn, Jedburgh 

[vide page 8]. 



CHARLES THE SECOND By the grace of God King of England Scotland Prance and Ireland Defender of the Faith etc To our 
right trusty and right wel- beloved cousen Andrew Earle of Tiveot greeting : Whereas our right trusty and right wel-beloved cousen 
Henry Earle of Peterburgh hath moved us to withdraw him from the comand of our Citty of Tanger and the territories thereof 
of which hee was possessed by Comission under our Create Seale of England bearing date the sixth of September in the thirteenth 
yeare of our reigne, and Wee continueing our same Royall intentons to render the said place and territories considerable and 
beneficiall to the honour and trade of this our Kingdome and reposeing especiall trust and confidence in the p'son merit and capacity 
of you Andrew Earle of Tiveot have revoked determined and disannulled and wee doe by these p'sents rovoke determine and 
disannull our said Comission soe graunted to the Earle of Peterburgh as aforesaid. And doe constitute and appoint you the said 
Earle of Tiveot Captaine Generall and Comander in eheife of our said Citty of Tanger and of our territories in or neir the 
Kingdomes of Fez Sus and Morocco and of all the forces both horse and foot which are already in the places above men toned or 
which shall hereafter by our royall authority or Comission bee transported thither or otherwise raised there of what nation or 
country soever, and in like manner of all cittyes castles towns forts or cittadells made already or acquired or hereafter to bee made 
or acquired or any way depending on or belonging to our said Citty and territories. To hold and enjoy the said place and office of 
Captaine Generale and Comander in chiefe to you the said Earle dureing our pleasure with all the powers priviledges Immunities 
and advantages which of custome doe or of right ought to belong thereunto : And accordingly to cashier displace and suspend 
all such officers and souldiers as to you shall appeare to merritt the same likewise to nominate and appoint new officers instead of 
those soe removed or whose places shall become vacant by death or otherwise till by our royall Comission Wee shall have supplied 
the same and all and every one of the said officers and souldiers both horse and footo under them to employ as you shall thinke fitt 
either for the defence of our Citty and territories above said or for the annoyance and destructon of all and everyone that openly or 
secretly shall oppose our quiet possession and royall authority therein And Wee doe hereby further give you full power and 
authority to treate and conclude any league or leagues of amity and confederacy with any Princes Powers or Potentates bordering 
upon our said Citty and the territories adjoyning. And Finally to ratifie and confirme the same within a certeine limitation of 
tyme referring yourselfe beyond that terme to our further approbaton and confirmaton of the same with power to dissolve and 
disannull the said alliance and confederacies it appeareing to you that our royall servic requires the same. And Wee doe hereby 
further confirme to you the title and power of Vice Admirall given you by our dearest brother the Duke of York our High Admirall 
of England and Tanger, and for the better discipline of the forces under your comand both by sea and land Wee doe hereby give you 
full power and authority to ordeine publish and execute lawes and ordinances martiall and to punish by death or otherwise or to 
pardon offences as in your discreton you shall thinke fitt. Wee doe hereby likewise authorize you to place and displace as it shall 
appeare fitt and convenient for our service all Magistrates and officers for the equall and indifferent administraton of justice and 
redressing wronges and abuses which may happen within our said Citty and territories in such manner as now att p'sent or hereafter 
you shall be directed by Instructions from us And our will and pleasure is that all confiscatons prizes goodes and merchandizes 
condemned in any our Courts of Judicature there and all other forfeitures publick payments and profitts be ereceived by you from 
such collectors as you shall appoint thereunto upon account of the publick charges and expence of the government there Excepting 
and reserving to our High Admirall of Tanger all and singular the rights and dues which of right or custome doe and ought to 
belong to our said High Admirall, and the right of appointing officers for collecting and receiving the same. And Lastly Wee doe 
hereby give and graunt for us our heirs and successors that for whatsoever you or any by your Comission warrant or comand 
shall lawfully doe by virtue of this our Comission or the Instructons which you att any tyme shall receive from us the showing forth 
of these our Letters Patents or the Inrollment thereof shall bee in all and every of our Courts and elsewhere in our dominions a 
sufficient discharge and acquittall In Witnes Whereof Wee have caused these our letters to bee made patents Witnes our self 
att Westminster the second day of May in the fifteenth yeare of our Reigne. 

p. Nom Regem BAXTER 




iited 



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THE RUTHERFURD PEERAGE. 

Extracts having reference, thereto from the Complete Peerage of England, Scotland, and Ireland, Great Britain, and the United 
Kingdom : Extant, Extinct, and Dormant [a surprising compilation]. Vol. VI. and others. 



RUTHERFURD PEERAGE.— INTRODUCTORY. 
Andrew Rutherfurd (or Rutherfoord) only son of William Rutherfurd of Quarryholes {vide Hood, pages xiv. and ib. xix., note, 
and " Persons Assuming the Title," post) supposed to have been a cadet of the family of Rutherfurd of Hunthill, by Isabel, daughter 
of James Stewart of Traquair (vide "Contributions" — The Rutherfurd- Traquairs, post). He was educated at the College of 
Edinburgh, became an officer in the French Service (vide "Contributions" — The Scots Guards in France, page 9), and having 
risen to the rank of Lieutenant-General therein, and, being highly recommended by the King of France [Louis XIV.] to King 
Charles II., was, by him, on 19th January, 1660 (1661, note a) (the year following his restoration — vide Hood, page xv. ), created 

I. 1660. — Lord Rutherfurd [in the Peerage of Scotland], with a power, failing his male issue, of nominating his successor in 
that dignity (b). He was soon after made Governor of Dunkirk, and was principal manager of the sale thereof by Charles to the 
French King, for which "acceptable service" (c) he was created, 2d February, 1662/3, (a) EARL OF TEVIOT [S.*], without, however, 
any special power of nomination. He was made Colonel of the 2d Tangier Foot, and Governor of Tangier (d). Soon afterwards, 
and when about to embark at Portsmouth, he executed (23d December, 1663) his will, making a (somewhat motley) settlement of 
his estate, peerage, legacies, and debts (e) in favour of Sir Thomas Rutherfurd of Hunthill, with remainder (1) to the eldest son, 
whom failing (2) to the nearest heirs male, whom failing (3) to the eldest daughter of the said Thomas, her son taking the name of 
(Rutherfurd (e). He died unmarried at Tangier, 4th May, 1664, being killed in a sally against the Moors, when the EARLDOM OF 
TEVIOT became extinct. His said will was proved 24th July, 1664. 

Note (a). — That it 1662, English reckoning, whose year at the time began in March ; but 1663 by Scotch reckoning, whoae year began 1st January. 
(6) "Nomination to Peerages" (List of, vide note B.) 
(c) " Dunkirk " and (d) " Tangier " — vide page 6. 

(«) As the said Thomas had no daughter, inasmuch as he died sans posterity, this remainder did not take effect, and the peerage, both according to the patent 
and to the nomination, became one strictly entail male. 

* In Peerage of Scotland only. 

Vide Pepyls contribution (page 5). To it Mr. Rutherford, W.S., Edinburgh, who collected the extracts, adds : — 
It is a pity that Mr. Pepys gives no account of Lord Rutherford's personal appearance. He seems to have known him 
well, and tells us that he found him " a most careful, thoughtfull, and cunning [i.e., ' wise, or knowing'] man, as he ever took him 
to be ;" also that he was a man " of few words." Mr. Coventry says he " was the boldest adventurer of his person in the world," 
which is borne out by other evidence ; but when he further states that "upon a defence he was all fury and no judgment in a fight," 
it is at once evident that such an estimate of the active side of Lord Rutherford's character fails to agree with Mr. Pepys' descrip- 
! tion of him. It is a beautiful feature of the Earl's character that, while he was ever reckless of his own personal safety, he could 
not endure that the lives of those under him should be unnecessarily endangered. 

II. 1664. — Thomas (Rutherfurd), Lord Rutherfurd, who, under the nomination of December, 1663, above mentioned (wherein 
he is styled "Sir Thomas Rutherford of Hunthill"), succeeded to the peerage 4th May, 1664. He sat in Parliament [S.*] 9th January, 
1667. He married Christian (f), daughter of Sir Alexander Urquhart of Cromertie. He died s.p., and was buried 16th April, 1688, 
at St Paul's, Covent Garden (g). His widow married James (Crichton), second Viscount Frendraught [S.], who died 1678. She 
married thirdly George Morison, afterwards of Bognie, and died before 1st August, 1699 (h). 

ff) According to Pepys (3d October, 1665) Lady Rutherford was "a fine young Scotch lady, pretty handsome and plain" [the word used, "plain, "apparently 
signifying "plainly dressed"]. 

(g) The [burial] entry is "Thomas, Eavle of Rutherfurd " — his predecessor's " Earldom " being erroneously attributed to him. 

(h) After the death of her son, the third Viscount [Frendraught], who died a minor before 1686, she conveyed the lands of Frendraught, Bognie, efc, to her 
husband, George Morison. These came to be inherited by their son, Theodore Morison. 

* [S.] Peerage of Scotland (see above). 

III. 1668. —Archibald (Rutherfurd), Lord Rutherfurd [S.], brother and heir, succeeded to the peerage 11th April, 1668, as 
nearest heir male to his brother Thomas, under the nomination above mentioned. He died s.p.m. (apparently unmarried), 
11th March, 1685 [vide " Romantic Incident in the Life of," page 4]. 

IV. 1685 to 1724. — Robert Rutherford, Lord Rutherford [S.], brother and heir, succeeded to the peerage 11th March, 1685, as 
the nearest heir male to his said brother Thomas, the second Lord, under the nomination above mentioned. He sat and voted in 
Parliament [S.] in 1698. He died s.p.m. (apparently unmarried) 1724 (»), since which date, though the title has been frequently 
assumed (as mentioned below), no one having been proved to be the heir male of the second Lord, the peerage has remained dormant. 

(i) A general retour, 1737, found Henry Kerr* of Graden [a small estate near to Kelso], heir to the fourth Lord, as the grandson of his sister, Lilias 
Rutherfurd. The evidence that this Lord died s.p. was denied (strangely enough by the Lords' Committee of Privileges, 23d July, 1639), though the fact had 
been admitted in the proceedings from 1733 to 1762, a period when the truth of it (the death being but in 1724) would have been well known. 

* Kerr was a conspicuous adherent of Prince Charles. His coolness and bravery in the face of Cope's Army the day preceding the battle of Prestonpans is 
recorded by Dr. Robert Chambers and other historians. 



A ROMANTIC INCIDENT IN THE LIFE OF ARCHIBALD, THIRD LORD. 

In Chambers's Journal (vol. for 1875, page 704, et seq.) is a notice of the History of the Dalrymples of Stair*, signed " W. C." 
[! William Chambers], from which is gathered an incident of Rutherfurd interest, not generally known, and worth relating — 
the " Lord Rutherfurd " there referred to being Archibald, the third Lord. 

Sir Walter Scott, in the introduction to his tale, The Bride of Lammermuor, relates the incident of the tragedy as it was told to 
him by different retailers, whose versions vary. All of them are more or less inaccurate, and one of them, especially, is malignant. 
The following may be accepted as a correct relation of the circumstances. It has the imprimatur of " W. C," who brings the 
volumes under notice, and of Murray Graham, the author, and is indirectly confirmed by the notice in the Peerage. 

Sir James Dalrymple, an eminent lawyer, successively Judge and President of the Court of Session, and the first Earl of Stair 
(time of Charles II. and James II.) By his wife, the ambitious Margaret Ross (otherwise Lady Ashton of the the tale). Sir James 
had a large family. Janet (otherwise the gentle Lucy Ashton), the eldest daughter, had, against the will of her parents, pledged 
her troth to Archibald, second Lord Rutherfurd (otherwise the Master of Ravenswood), who was not acceptable to them on account 
of his political principles. At the time controversy and feeling ran high. James II. reigned, and, by bribery and persecution, was 
endeavouring to convert Scotland from the error of its Presbyterian ways, proceedings which the astute Sir James considered were 
so dangerous to his own safety that he quietly removed himself to Leyden. In 1688 King James fled. William of Orange landed in 
England, bringing Sir James in his train. In 1690 he was raised to the peerage as first Viscount Stair [S.], and his son, Sir John, 
the Master of Stair, became Secretary of State for Scotland. 

To break off Janet's engagement with Lord Rutherfurd in favour of Sir David Dunbar, younger of Baldoon — a nephew of Lord 
Rutherfurd — the wealthier, and as such the more eligible suitor — Lady Dalrymple successfully employed her strong will to overcome 
the weaker will of her daughter. The marriage with young Dunbar was agreed to. It took place 12th August, 1669 — one year 
after Archibald had succeeded to the title — the bride riding to the church behind one of her younger brothers, who long afterwards 
spoke of the chilly coldness of her hand as it touched his when holding by his waist. 

A gallant troop of friends accompanied the married pair to Baldoon, where a masque was prepared for them. But, alas ! the 
bride's health suddenly declined, and she died at Baldoon, probably of a broken heart, on the 12th September following. The 
circumstances connected with the death differ materially from those pictured by Sir Walter in the story. 

Dunbar afterwards married a daughter of the seventh Earl of Eglinton, and died 1688 by a fall from his horse. As for 
Rutherfurd, he obtained a commission in the Household Guards, and died, as already noted, 1685. 

The brother of Lucy who succeeded to the title and estate was the historically infamous second Earl, who, as Secretary of State 
for Scotland, was the instigator of the massacre of Glencoe. 

* Annals and Correspondence of Viscount and first and second Earls of Stair, by William Murray Graham. 2 vols., 8to. Blackwood <fe Sodb. 1875. 

PEERAGE NOMINATIONS.— SCOTLAND (Vide Complete Peekage, Vol. II.) 

(Note B.) 
These were of a class (seemingly peculiar to Scotland) in which the granters were authorised to nominate their successors 
in the dignities granted). These appear to be comprised in the following list : — 
Hume of Berwick — Barony, 1604. No nomination made. 
Cardross— Barony, 1610. 
Roxburghe— Earldom, 1646. To this dignity that of Dukedom was attached 1707. (No nomination seems ever to 

have been made of these honours. ) 
Rutherfurd— Barony, 1661. Nomination made 1663. Dormant, 1724. ( Vide Text). 
Eroll— Earldom, New destination of, 1663. Nomination made February, 1675, which, though it did not receive 

subsequent sanction from the Crown, was, in May, 1797, held to be valid by the House of Lords. 
Breadalbane — Earldom, regrant of 1672. No nomination made. 
Kinghorn — Earldom, 1672. No nomination made. 

Queensberry — Dukedom, 1706. Nomination made (vide "Contributions," Traquair-Queensberry). 
Stair— Earldom, regrant of 1706/7 ; but in this case the nomination, dated 1747, was (as being after the Union with 

England) declared, May, 1784, by the House of Lords " not valid in law." 
Sempill — Barony (date not given), regrant of. No nomination made. 

PERSONS ASSUMING THE TITLE OF LORD RUTHERFURD (Peerage, Vol. VI.) 

I. 1724.— John Rutherfurd [styling himself fifth Lord Rutherfurd], a Lieutenant or Captain in the Army, as heir-male of the 
second, third, and fourth Lords, alleging himself to be the great-grandson of Richard Rutherfurd, brother of Thomas Rutherfurd 
of Hunthill, their grandfather (vide Hood, page xviii). 

II. 1745.— Alexander Rutherfurd assumed the title of fifth Lord Rutherfurd as son and heir of the above, and was under that 
style gazetted, 16th April, 1757, as Capt.-Lieut. in the Royal Reg. of Horse Guards. He died unmarried, 25th October, 1766 
(vide Hood, page xix). 

I. bis. 1733.— George Durie of Grange, near Burntisland, assumed the title of Lord Rutherfurd as great-nephew and heir-of-line 
of the first Lord (the Earl of Teviot), through the Earl's sister Catherine, wife of Robert Durie of Grange aforesaid. He voted in 
several elections of Scottish Representative Peers from 1733 to 1754. Some few being without, and some with protest, and very 



A RUTHERFURD SOUVENIR OF JEDBURGH ABBEY'S 

RUINED CHOIR. 

13 July, 1464. — Andrew, Abbot of ye Abbay, with consent and assent of our 
halle convent, hafF grantyt till our weyebelufyt Robert of Rudirfurd and Margaret his 
wyffe, their laris [burial allotments] within quher of our Abbay of Jedworth, in the 
mydeis of the sam quhar the lecteron standis. [Time of James III.] 

1502. — Robert Rutherfnrd in Todlaw for stealing certain "cushies of silk," sheets, 
linen cloths, " fustaine," scarfs, and other cloths from the kirk of Jedburgh, produced 
a remission [is absolved] for Art and part [his share] of the theift. 

28 August, 1504. — A number of " men, kin, and tenants" of Archbishop Blackadder 
of Glasgow for the slaughter of Thomas Rutherfurd, committed in the Monastery of 
Jedburgh, has a remission granted by the King [James IV. who was slain at Flodden] 
28th February, 1506, to the parties concerned mentioned in Pitcairn's Criminal Trials, but 
giving no particulars of the occurrence. 

Some time after this William Rutherfurd of Longnewton was slaughtered in the 
Abbey by Robert Ker of Newhall, but whether this was in any way connected with 
the other is unknown. In 1560 the Ker and Rutherfurd fued was made up by 
arranging that a Ker should marry a Rutherfurd, and a Rutherfurd should marry a Ker. 
This was a frequent way of settling family quarrels. [Mary arrived.] 

The Rutherfurds of Fernilee had no allotment in the Choir, preferring to have 
it in the Bell House on the sloping part of the graveyard, for the reason that when 
the English in one of their raids upon Jedburgh carried away from the Tower the 
largest bell belonging to the Abbey. This was resented by Richard of Fernilee. He 
pursued them, and in the fray for its recovery got mortally wounded, and, dying, 
requested to be buried in the Bell House. On its site the last of his family was buried, 
as was also the last of the Lorymers; and there (the only existent family in Jedburgh 
which can claim ancient lineage) "The Greens" bury. Tradition says the Bell was 
carried over the Border to Hexham. 

Major John Rutherfurd of Mossburnford, who is alluded to by the poet Burns in 
his Border Tour, is buried in the Choir. When quite a lad, and connected with 
the Army troops in America in an exploring expedition, he was taken captive by the 
natives, from whom, after some time, he escaped. Of his captivity and escape he 
wrote an interesting sketch. He died 12 July, 1830, aged eighty-four. 

The last man of note to be buried in the Choir was John Rutherfurd of Edgerston, 
who did much for the good of his native county. For two successive Parliaments he 
was M.P. for the county of Roxburgh. " Zealous in the performance of his public 
duties, just and correct in every private relation, a loyal subject, a considerate landlord, 
he left an example of public spirit and private worth, and of the true dignity of an 
independent Scottish gentleman." He died 6 May, 1834, aged eighty-six. The 
Rutherfurds were a long-lived, prolific race, and for centuries the name dominated the 
burgh and district of Jedburgh. 

That the bauld Rutherfurds were noted in their day as red ivud (reckless fighters), 
and as such for centuries were the clients of the Border Douglas, ever ready to join 
with him in raids across the Border, or rebel with him against the King — a characteristic 
which, with love of adventure, has ever clung to them, and may help to account for 
the name — despite its being long-lived and prolific — dying out in its ancient territory. 



GROUND PLAN AND BURIAL ALLOTMENTS 

OF THE 

RUTHERFURD AISLE. ACCORDING TO PLAN Dated 1666. 



A special privilege granted to the heads of the Clan for the slaughter of Thomas 
Rutherfurd in the Abbey of Jedburgh, 1504. Sometime after this, William Rutherfurd of 
Long Newton was also slaughtered in the Abbey of Jedburgh by Robert Ker of Newhall. 



t 

a 
u 

si 
D 
X 
u 

> 
a 
m 
ea 
<: 



This part of 

NORTH 
TRANSEPT « 
Built at a period sub- 
sequent to the erection 
of the main portion of 
the Abbey. 



h: 



* Now used as a Cemetery 
by the Fernieherst Kers. 
whose first interment in it 
was in 1545. 



j 



ABBEY CHURCHYARD 




Allotments 1666, vide also Hood, page xxiii. 

1. John of Bankend, and his Iyke. 

2. Andrew of the Townhead „ 

3. John the Lorymer, „ 

4. Thomas the Baibne, „ 

5. Faimitoune, „ 

Each 7 feet by 15 feet. 

6. Lady Goudielands, Edgerston's Aunt. 

7. Edgerston's Self. 



Edgerston. 
All this seemingly claimed. 



Altar. 
3xi 5 feet. 



Hall. 3 ^ 15 ft Hundalee. 
6 X 15 feet. 



* Afterwards a School, in which it is said 
Thomson, author of "The Seasons," and 
Samuel Rutherfurd received the elements 
of their education, and the aisle would natur- 
ally become a playground for the boys. 

See illustration facing this. 



Ii ii 11 1 1 1 il 



lb 



dz 



Scale of Feet. 



JEDBURGH ABBEY. 
Founded by and richly endowed by David I., who died 1 1 53. 




0. H * ^ XX*J&e* 



-a 1 



2 




Schoolboy lettering carved on the pillars and walls of the side chapel 
when used as the Jedburgh Grammar School. As the burgh records make 
scarcely an allusion to its school accommodation, grammar or other, the 
period when the chapel was put to school uses cannot be specified, but 
judging by the numberless displays of boy carving art on its pillars and 
walls, its use as a school had been for a century or more. 

The illustration is from a photo, supplied by Mr Jack, Jedburgh. 



ANCIENT HISTORY. 



That the Rutherfurds were associated with Wallace in his efforts to repel the English 
is thus recorded by Blind Harry in his rhyming History. According to the same 
authority, Wallace and Rutherfurd were sons-in-law of Halliday. They arrived in 
time to join forces with Wallace in his great victory at Biggar [circa 1297). 

'" Thorn Haliday thai men lie gydyt lycht, 

Off Anadderdial he had thaim led that nycht. 

His two gud sonnis, Wallace and Rudyrfurd. 

Wallace was blyth fra he hap hard [did hear] thai would ; 

So was the laiff [others] of his gud chewalry." 



(Butte Feyrd, 
lines 535--539O 




Remains of Sanquhar Castle on the Nith. 

Subsequently, when Sir William Douglas, father of the Good Lord James, the 
faithful adherent of Bruce, was besieged in Sanquhar by the English, Douglas was 
rescued by Wallace when again Rutherfurd arrived to help, bringing with him "sixty 
noble men of war." 

/ " Gud Ruthirfurd, who evir trew has beyn, 
In Atryk wode, agayn the Sotheroun Keyn, 
Bydyn he had, and done thaim mekill der; 
Saxte he led of nobill men in wer. 
Wallace welcummyt quha com in his supple 
With lordly feyr, and chyftaynlik was he. 



(Bute Nignte, 
lines 1719—1 724.) ' 




if ifhin*f rvf rwr— 

A Very Early View of Jedburgh Abbey, showing its ruined Choir at the date, Drawn and Etched 1775 by 
Archibald Rutherfurd, a cadet of the Lorymer (i.e., makers of riding gear) branch. 



5 

many conjointly with his opponent above named, the alleged heir-male of the second Lord. He died at Grange, 18th June, 1759 
{vide Hood, page xix. , note). 

II. bis. 1759. — David Durie assumed the title of Lord Rutherfurd, being son and heir of the above. On his father's death 
in 1759 (as well as his opponent, the alleged heir-male) was ordered by the House of Lords, 15th March, 1762, not to presume to 
bear the title nor to vote as above. He died s.p., about 1785. 

III. bis. 1785. — John Anderson of Goland assumed the title of Lord Rutherfurd as heir of the above, being son of his aunt. 
He voted in November, 1787. The vote was, however, disallowed (in consequence of the resolution of 1762 above mentioned), 21st 
April, 1786, and no subsequent votes in right of this claim have been tendered. 

The claim of one John Rutherfurd of the dignity as nearest heir-male having been referred to the House of Lords, 10th April 
and 23d July, 1835, was not proceeded with, on the ground that the death of the fourth Lord had not been proved {vide note »', 
page 3). 

Extracts from Pepys' Diary having reference to Lord Rutherford, Earl of Teviot, who was successively Governor of 

Dunkirk and Tangier. 

" 3 Dee : 1662 : At the Duke of York's chambers, discoursed with my Lord Rutherford who is this day made Governor of Tangier. 
In Braybrooke's edition this entry is under date 15th Dec, and there is a note by the editor as follows : — 

"Andrew Rutherford, son of William Rutherford cf Quarry-holes, went young into the French service, and became a Lieutenant-General of that 
kingdom. At the Restoration he brought over an honourable testimony from the King of France, was created a Baron of Scotland, and in 1GC3 was 
advanced to the Earldom of Teviot for his management of the sale of Dunkirk, of which he was Governor. Ho was afterwards appointed Governor of 
Tangier, and was killed by the Moors in 1664 : dying without issue, his Earldom became extinct ; but the barony of Rutherford descended, according 
to the patent, to Sir Thomas Rutherford of Hunthill." 

" 16 Mch : 1662-3 [a] : Long discussion upon my Lord Rutherford's despatch. 

[a 1662 according to the English reckoning, whose year till 1752 began 25th March, but 1663 according to the Scotch, whose reckoning began 1st Jan.] 

" 22 July 1663 : Hears that the Moors, having attacked Tangier, were repulsed by my Lord Teviot with loss of about 200 men. 

"21st August, 1663 : Meeting with Mr. Creed, he told me has my Lord Teviott hath received another attaque from Guyland at 
Tangier with 10,000 men, and at last, as is said, is come, after a personal treaty with him, to a good understanding and 
peace with him. 

" 8 Dec: 1663 : To Whitehall — where a great while walked with my Lord Teviott, whom 1 find a most carefull, thoughtfull, and 
cunning man, as I also ever took him to be. He is this day bringing in an account where he makes the King debtor to him 
£10,000 already on the Garrison of Tangier account, but yet demands not ready money to pay it, but offers such ways of 
paying it out of the sale of old decayed provisions as will enrich him finely. 

" 1 June 1664 ■' Southwell, Sir W. Pen's friend, tells me the very sad news of my Lord Teviott's and 19 more Commission Officers 
being killed at Tangier by the Moors, by an ambush of the enemy upon them while they were surveying their lines ; which 
is very sad, and he says afflicts the King much. 

" 2 June 1664: To a Committee of Tangier . . . ; but it is strange to see how soon the memory of this great man is gone, or, 
at leaBt, out of mind by the thoughts of who goes next. It seems my Lord Teviott's design was to go a mile and a half out 
of the town to cut down a wood in which the enemy did use to lie in ambush. He sent several spyes, but all brought word 
that the way was clear. . . . This happened the 3rd of May last. ... At his going out in the morning he said to 
some of his officers — "Gentlemen, let ue look to ourselves, for it was this day 3 years that eo many brave Englishmen were 
knocked on the head by the Moores, when Fines made his sally out." [Major Fines, whose regiment formed part of the 
garrison at Tangier.] 

" June 4. 1664 •' Mr. Coventry discoursed largely and bravely to me concerning the different sorts of valours, the active and 
passive valour. For the former he brought as an instance Prince Rupert, also "my Lord Teviott, who was the boldest 
adventurer of his person in the world, and from a mean man in few years was come to this greatness of command and repute 
only by the death of all his Officers, he many times having the luck of being the only survivor of them all, by venturing 
upon services for the King of France that nobody else would ; and yet no man upon a defence, he being all fury and no 
judgment in a fight." [Mr. Coventry, Pepy's great friend, was the youngest son of Thomas first Lord Coventry. He waB 
M.P. for Yarmouth, and a Commissioner of the Navy ; and was afterwards knighted and made a Privy Councillor. Burnet 
says he was the best speaker in the House of Commons.] 

" 15 June 1664: I got Captain Witham to tell me the whole story of my Lord Teviott's misfortune ; for he was upon the guard 
with his horse near the towne, when at a distance he saw the enemy appear upon a hill, a mile and a half off, and made up 
to them, and with much ado he escaped himself ; but what become of my Lord he neither knows nor thinks that anybody 
but the enemy can tell. Our loss was about four hundred. But he tells me that the greater wonder is that my Lord 
Teviott met no sooner with such a disaster ; for every day he did commit himself to more probable danger than this, for 
now he had the assurance of all hia Scouts that there was no enemy thereabouts ; whereas he used every day to go out, with 



two or three with him, to make his discoveries in greater danger, and yet the man that could not endure to have anybody 
else to go a step out of order to endanger himself. He concludes him to be the man of the hardest fate to lose so much 
honour at one blow that ever was. His relation being done, he parted ; and I home. 

SO June 1667 : Lord Middleton seems a fine soldier, and so everybody saya he is ; and a man, like my Lord Teviott, and indeed 
most of the Scotch gentry (as I observe), of few words." 
For this selection of extracts from Pepys the publisher is indebted to Mr. Thomas Rutherford, S.S.C., Edinburgh. 



DUNKIRK. 

This important fortress and port, the most northerly belonging to France, was taken and garrisoned by Cromwell in 1658, and, 
as already mentioned, was sold back to King Louis, 1662/3. Louis, who was aware of its importance, had it strongly fortified at 
vast expense. 

By the treaty of Utrecht, 11th April, 1713, Louis was compelled to demolish the fortifications he had erected and close its port, 
and the town fell into decay. At an expenditure of £2,000,000, authorised by the present French Republic, great harbour works 
have restored the importance of its port and the prosperity of the town. 

TANGIER. 
A. seaport of Morocco, in the Straits of Gibraltar. It was conquered from the Moors by Alfonso V. for Portugal in 1471, and 
given as a dower (as was also the settlement of Bombay, in India) to Princess Catharine of Portugal, on her marriage with 
Charles II., 1662, who, in 1663, caused the works to be blown up. In 1684 Charles caused it to be abandoned on account of the 
expense of its up-keeping. Afterwards it shared with Algiers a notoriety as a nest for Moorish pirates (" salee rovers," vide Robinson 
Crusoe's Adventures), who roved the Mediterranean sea and coasts almost at their own freewill — plundering and enslaving — till a 
British Fleet, under Lord Exmouth, 1816, enforced a treaty abolishing Christian slavery and piracy. 



EXTINCT TITLE OF VISCOUNT TEVIOT. 

In " The Scots Compendium, or Pocket Peerage of Scotland" (reprinted 1826, vol. ii., 404) occurs, under the heading " Titles 
Dormant or Extinct," the mystifying entry : — 

" Viscor/NT Teviot. Livingston, 1696. [Extinct]." 

A reference to the Peerage explains it. Three families have held the title of Teviot, thus : — Lord Rutherfurd was created 
Earl of Teviot in 1663, with limitation to the heirs-male of his body : he died the following year without issue, and the title became 
extinct. [But the previous title of Baron not being so limited, it passed to his Hunthill cousins — (I.) Thomas, (II.) Archibald, and 
(III.) Robert — all of whom dying without male issue {vide Hood, pages xvi.-xvii. ), it became dormant, 1724 ; and although it has 
been subsequently claimed and contested, dot-mant it still remains.] TheHon. Robert Spencer was created Viscount Teviot in 1685 : 
he dying without issue, the title again became extinct. Sir Thomas Livingstone was created Viscount Teviot in 1696, with 
limitation to the heirs-male of his body, but, dying without issue in 1711, the title again became extinct, not dormant." 

REVIVED TITLE OF VISCOUNT TEVIOT. 

I. 1685 to 1694. — The Honourable Robert Spencer, younger brother of Henry, first Earl of Sunderland, being second son of 
William (Spencer), second Baron Spencer of Worminleyhton, by Penelope, daughter of Henry, first Earl of SOUTHAMPTON, 
was born at Althrop, 2d February, 1628/9.[*] He was M.P. for Brackley, 1661, and was [by James II. of England] created 20th 
October, 1685, (j) VISCOUNT OF TEVIOT [S.] He died s.p., 20th May, 1694, aged 65, ""having cut his throat" (fc) when the 
peerage became extinct. 

(j) This was one of the peerages conforred by James II. before his dethronement. 

(k) According to Elvyn's Diary, he was "a learned and knowing nobleman," "very soberly and religiously inclined." 

[" 162S by English, 1629 by Scotch reckoning— vide note a, page 5.] 

II. 1696 to 1711. — Sir Thomas Livingston, Bart. [S.] son and heir of Sir Thomas Livingston, Bart. [S.] of Newbigging (so 

created 29th June, 1627), only child of Edmond Livingston, a Colonel in the service of the States General [i.e., Holland] ; 

became himself a Colonel in that service, and accompanied the Prince of Orange (afterwards William III.) in 1688 to England 
. . . was Commander-in-Chief of the Forces in Scotland. After succeeding to the Baronetcy, was created, 4th December, 1696, 
Lord Livingston, Peebles [S.] He became Lieutenant-General, 1704 ; was naturalised in England in that year. He married 
Mocktellina Walsave. ... He died s.p., in London (his wife having been "excepted" of poisoning him), and was buried 
24th February, 1710/1 in Westminster Abbey, in his 60th year, when his peerage became extinct. In December, 1688, Livingston 
was made Colonel of the Scots Greys, and commanded them in several of the campaigns of William III. 



ROYAL DUKES OF TEVIOTDALE. 

I.— Ernest Augustus, Prince of Great Britain and Ireland, fifth son and eighth child of King George III., born 6th 
June, 1771. On 24th April, 1799, he was created DUKE OF CUMBERLAND AND TEVIOTDALE in the British Peerage, and 
EARL OF ARMAGH in the Irish Peerage. In 1814 he married Frederica Caroline Sophia, daughter of Charles, Grand Duke of 
Mecklenburg-Strelitz, his mother's niece and his own cousin. She had already been twice married, and from the second husband 
had been divorced. On the death of King William IV. (to whom he would fain have succeeded as King of Great Britain and 
Ireland) he, under the Salic law as heir male, became King of Hanover. He died 18th November, 1851, aged 80,' and was 
succeeded by his son. 

"Notorious for his violence of temper aud disposition. »■ »' « The Duke of Wellington, who disliked him— though not so cordially as Cumberland 
disliked the Duke— * * declared of him ' that there never was a husband and wife, nor father and son, nor brother and sister, that he did not strive to set 
the one against the other.' 

" He was, perhaps, of all his brothers, the one of most intellectual force and power, * » * but his ill-regulated, violent disposition made him an object 
of detestation to his countrymen." — Fitzgerald's Dukes and Princesses of the Family of George III. (1882). 

"As King of Hanover, his policy was in all respects reactionary ; but in 1848 he did so far yield to the storm as just to save his throne by the unwilling 
concession of liberal reforms." — Chambers' Biographical Dictionary (1897). 

* This Duke of Cumberland should not be (as he sometimes is) confounded with his granduncle, William Augustus, of Culloden notoriety. He was the last 
survivor of the many sons and daughters — fifteen in all — of George III. 

II.— Ernest Augustus, 18th November, 1851, succeeded as King or Hanover and DUke of Cumberland and Teviotdale. On 
November, 1866, he was by Prussia deposed as King of Hanover. He died 1878, in exile, and was succeeded by his son. 

III. ERNEST AUGUSTUS WILLIAM ADOLPHUS GEORGE FREDERICK, only son of the deposed King, succeeded as 
Duke of Cumberland and Teviotdale and Earl of Armagh, 1878. He married 21st December, 1878, at Copenhagen, Thyra Amelia 
Caroline Charlotte Anne, third and youngest daughter of Christian IX. King op Denmabk (and youngest sister of 
Alexandra Queen of England], and has issue a son, Earl of Armagh, born 1880, and others. 



Notes in full [meagrely given by Hood, page xiv.] from Douglas' Peerage of Scotland on Andrew Rutherford, 

First Lord Rutherford and Earl of Teviot. 

I.— UNDER RUTHERFORD. 

William Rutherford of Quarryholes, a cadet of the family of Hunthill, about the year 1600, married Isabel, daughter of James 
Stewart of Traquair, by whom he had a son 

Andrew, afterwards Lord Rutherford. 

This Andrew taking himself to a military life, went into the French service, where he soon obtained the command of a 
Company of foot. He gave so many testimonies of his value and conduct that he quickly rose to the rank of a lieutenant-general, 
and acquired great reputation for his knowledge in the art of war. 

He continued in the French service till the restoration of King Charles II. He then came over to England, and having been 
particularly recommended to his Majesty by the King of France, he soon became a favourite, and was raised to the dignity of the 
Peerage of Scotland, by the title of Lord Rutherfoord 19th January 1661. 

This Lord continued in great favour with his Majesty, and was appointed Governor of Dunkirk. He managed the sale of that 
important place with such dexterity, and so much to the King's satisfaction, that immediately upon his return home he was created 
Earl of Teviot, by patent, to the heirs-male of his body, dated 2nd February 1663. 

Soon thereafter he was appointed Governor of Tangier ; and, according to the power given him by the Crown in his patent of 
Lord Rutherfoord, he, by his Deed of Settlement, duly signed and executed by him at Portsmouth the 23d December 1663, did 
nominate and appoint Sir Thomas Rutherfoord of Hunthill to succeed him in his whole estate and dignity of Lord Rutherfoord, to 
him and his eldest son ; whom failing to his nearest heir-male etc. 

This noble Lord immediately after executing this Deed, went and took possession of his Government of Tangier ; and having 
made a sharp and bold Bally upon the Moors, they were so well prepared to receive him, that he and his whole party were cut off 
on the 3rd May 1664 ; and he having no issue the honours of Rutherfoord, according to the above destination, devolved upon 
Sir Thomas Rutherfoord. 

II.— UNDER EARL OF TEVIOT. 

General Andrew Rutherford, who was created Lord Rutherford by King Charles II. anno 1661, was by that prince further dignified 
by the Earl of Teviot by patent, to the heirs-male of his body, dated 2nd February 1663. 

He being killed at Tangier the year thereafter, without issue, the title of Earl of Teviot expired with him. 



Regarding the facsimile of the Commiision, the publisher has been favoured with the following note by Mr. Waldie 

[vide page 2] : — 

Glencaim, Jedburgh, 3d March, 1903. 
There is no doubt that the heading of the Commission in favour of the Earl of Teviot was printed by some method, the text 
only being done by the hand. In the original all the letters of "Charles the Second By," which are shown in black in the facsimile, 
had been printed in outline only, and the body of them filled in with some colour, or perhaps gilt, by the hand. This brush work 
has not been very carefully done in the parchment, as the oolour in some places is over the outline, and other parts of the letters 
have been missed. The colour is now a yellowish brown — that the clerk who got the document to engross was supplied with a 
sheet of vellum having a printed heading is confirmed in this case by the fact that the full size of the sheet seems to have been 
cut down to suit the quantity of matter he had to write. If you look at the right hand side of the heading you will see that it ends 
with part of a " shield" similar to that on the right hand. In the original the lines of the design run out to the edge, making it 
clear that it had been cut through. The facsimile having a margin, this is not noticeable. I take it that the complete design 
would show another " shield" on the right same as on the left. The one on the left I take to represent England, while the missing 
one would stand for Scotland, just as the rose and thistle are set down on the respective sides in the design. Inside the part of 
the " shield" left at the right hand are the handle of a sword or dagger, and below it part of the thistle head. The full heading 
would also have the word tj)t after 33l), and you will see part of the stroke of the t still left after the letter "y " in By, the same 
as the stroke of the T in the word " the" at the beginning. The clerk having cut off the word " the" in the heading, commences 
the text with it. I am sorry that I am unable to tell you how the Commission landed in Jedburgh. — Yours sincerely, 

ROB. WALDIE. 

[As the parchment of the Commission is endorsed 

" A duplicate Commission constituting Andrew Rutherfurd, Earl of Teviot, Captain-General of all His Majesty's forces in Tangier," 
it is probable that, while the first was retained by the Earl in his own possession, its double would be sent to his relations at 
Hunthill, the family residence, near to Jedburgh — hence to become, after the death of Lord Robert and the extinction of the title, 
a piece of flotsam in the burgh. Being the duplicate, this may also account for its want of finish as noticed by Mr. Waldie. It is 
likely that the first and more carefully-finished copy would be cast aside as of no value after the Earl's death.] 



"THE RUTHERFURDS OF THAT ILK." 



Notice of Hood's volume, as issued by him, from the "Scotsman" of 
October 22, 1884 :— 
Everyone who has the least taint of patriotic sentiment will agree 
with the anonymous editor of the sumptuous volume entitled " The 
Rutherfurds of That Ilk," when he says, in his modest preface, that 
" the Records of a family that has helped to make Scottish History, 
and has produced many distinguished men, are worthy of preserva- 
tion." The feeling of sympathy will be enhanced by those of cordial 
assent and of gratitude when he adds that " those who take an interest 
in Border story, although unconnected with the not very worldly wise 
— as regarded their own aggrandisement — but brave and loyal race 
of Rutherfurd, may consider the labour expended in this endeavour to 
trace the descent of the various families of the name not altogether 
unserviceable." Certain it is that the labour of the author has been a 
labour not of service merely, but of love. This is testified in every 
page and line of this beautiful volume. First, the pedigree of the 
Rutherfoords, from Hugo de Rodirforde (1215) to the fourth and last 
Lord Rutherfoord, who died in 1724, is given as it was set forth by Sir 
Robert Douglas of Glenbervie in 1764 This is followed by an 
account of the family and its chief branches, beginning with Ruthirfurd 
of that ilk, and including the Ruthirfurds of Edgerston, Bowland, 
Eairnington, Hunthill, and Longnewton, and the Rutherfurds of 
Keidheuch, Capehope, Ladfield, Hundalee, and Fernilee. Their con- 
nections with such noble houses as those of Buccleuch and Boxburghe 
are carefully traced, and there are interesting notices of the part 
members of the family took in Border warfare. We are told, for 
example, how " Stout Hunthill " was present at the raid of Red Swyre, 
" with his nine sons him about," and how the grandson of the Black 
Laird fought at Dunbar, Drone, and at Worcester, where he made the 
rebels " flee before his sword like swallows." We are also reminded 
that Mrs Cockburn, the author of " The Flowers of the Forest," was a 
daughter of Robert Rutherfurd of Fernilee. Probably not the least 
interesting fact noted in the comprehensive history is the connection 
of Sir Walter Scott with the family. His mother, Anne Rutherford, 
was descended from the house of Hundalee, as is shown in the elaborate 
genealogical chart attached to the volume. There is also an interesting 



reproduction of an old map of Teviotdale and Tweeddale showing the 
lands of the Rutherfords, from which it appears that the} 7 were spread 
over the whole of the south-east of Scotland, and that their possessions 
were most numerous in the region between the Jed and the Kale. The 
volume is further adorned with copies of the coats of arms of all the 
main branches of the family, beautifully printed in colours, and with 
facsimiles of charters, sasines, letters of tutory, and deeds of gift, 
executed with remarkable skill and beauty. Altogether, the book is 
as fine an example of a family history as has ever been produced. 



Opinions expressed by recent purchasers of the volume as 
now being issued : — 

Broxmore, Dorking, Surrey, Nov. 24, 1900. 

Dear Sir, — I thank you very much, and so do we all, for your answer 
to my letter. My brother sends cheque for £3 3s 6d (6d for cost of collection, 
being English cheque), which I now enclose, and would like to have the book 
of the History of the Rutherfurds, with the chart, forwarded as soon as you 
can conveniently do so, and most glad he is he heard of it while there is still 
a cop3' to be had. 'We all sincerely hope you will have health and strength 
to finish the work, and any assistance we can give you we should be most 
pleased to render. 

The origin of our present enquiries was my brother desiring a book plate, 
and sending the family arms (as used by my grandfather, George Rutherford) 
for that purpose to the College of Arms in London. 

A reply came that the arms of the Rutherford family were not registered 
in England, but in the Lj'on Office, Edinburgh. The arms were sent to the 
Lyon Office, and the reply came that the arms were correct, but the crest 
different, no griffin being found as belonging to any Rutherfurd. I enclose 
a photo, of these arms as used by us. I am sorry it is such a bad print, but 
the better one is being used in the matter of the book plate. 

VVe are inclined to think ourselves that the griffin and motto must have 
been our grandmother's (who was an Elliott, and connected with the 
Sargeaunt and Clifford families), as the motto is the Clifford motto. But my 
father accepted the arms as they are here represented, and no question was 
raised about them until (on a visit to Abbotsford in 1893) my brother and I 
noticed that the Rutherfurd shield in the hall had no griffin. My father died 
in 1889, so there was no one to whom we could refer as having knowledge of 
the matter. It was in 1896 Mr. Laidlaw [custodier of Jedburgh Abbey] gave 
us your address, and I wish we had been able then to visit Kelso, or on any 
of our subsequent visits ; but our time in Scotland is generally rather limited. 
Our last visit was in October of last year. 

We have no immediate relations of our own name in England. Our 
great-grandfather, George Rutherford, was a commander in the East India 
Company's service, and married Susannah Andrew, with whom he left Scot- 
land, either just before the birth of our grandfather, or when our grandfather 
was quite an infant, for the latter was baptised in the Parish Church of St. 
John at Hackney, near London. 



I know they were descendants of Dr. John Rutherford, whose picture 
remained in my grandmother's house within our recollection, but was sent, at 
her death, to my grandfather's eldest son, George Rutherford (C.M.G.), of 
Durban, Natal. We have now a miniature of Sir Walter Scott's mother 
(Anne Rutherford, daughter of Dr. John), and I know my father often told 
how our grandfather related a story of how Sir W. Scott visited him once in 
London, and told him the exact degree of the relationship. Unfortunately, 
none of my granfather's children interested themselves much in such things, 
so that we have to take up the thread in a very broken condition. 

My grandfather chose the law as his profession, which profession my father 
followed, and also my brother (the latter taking honour law degree at Oxford 
in 1891). But my grandfather had an only brother, John Rutherford, who 
followed his father's profession, and disappeared very mysteriously in the 
course of a long voyage. This happened when my father was an infant. 

If you can make any use of the above details you are quite at liberty to. 
do so. Thank you very much for the sheets you sent. We found them very 
interesting, and were especially glad to notice that the Rutherfurds had 
supported the Stuart cause. 

My mother, brother, and sister join me in thanking you for all the infor- 
mation, and in hoping you will be able to complete the work to which you 
have given so much time and trouble. — And believe me to remain, very 
sincerely yours, Emily Mary Rutherford. 

My last sold copy — price £3 13s 6d — was to General Craighill, 
U.S. Army. It gives the publisher pleasure to print his final com- 
munication from the General : — 

The Bedford Hotel, 83, Princes Street, Edinburgh, 
August 15, 1901. 

My Dear Mr. Rutherfurd, — I have already sent some of my baggage 
to Liverpool to be ready for me, Wednesday, when I sail at 1 p.m. 

I saw- at Abbotsford yesterday the portrait of the mother of Sir Walter, 
which is certainly like my grandmother, Eleanor Rutherford, and two of her 
sisters, whom I remember as very old ladies. Sir W.'s mother's nose was very 
pronounced as Rutherfurd, as was also that of one of hi6 daughters. 

I will look back with pleasure to having seen and known you, and I hope 
we may meet again. I will soon see Mr. Bingham. I leave now for York, 
and may visit other English towns not far from Liverpool, or may take a run 
over into Wales. — Very sincerely yours, Wm. P. Craighill. 

In addition to the above purchased by General Craighill, other 
copies have recently been sent to the U.S.A., New Zealand, Australia, 
India, and elsewhere abroad. At present the publisher has an enquiry 
for it from Mexico. 

For conditions on which copies are supplied see circular to enquirers 
herewith. 

20, Square, Kelso, Scotland. 



Illustration. 




Portrait of JOHN RUTHERFORD, an Englishman. One of the 
ship Agnes, captured and wrecked by the natives of New Zealand, 
March, 1816. Of the crew, most of them were killed and eaten by 
the natives. Rutherford was reserved and tattooed, as shown in the 
portrait. After ten years' captivity he made his escape. In the 
■composition of his Life — now a rare volume — he is said to have been 
assisted by the late celebrated Lord Brougham, who had it published 
by the Society for the Diffusion of Useful Knowledge, of which his 
Lordship was president. 



^Kt ntw u,Ua+)ivi 



LM luitfiu A yVw 



/Uttvfj^J 4 1> itulir - ■■ ifoo , J 



) 



E RUTHERFURDS. 

An Authority on their History. 



From the Weekly Scotsman, jSIov. 2, 1901. 
The Rutherfurds and Mowbrays. — Some time ago a query was 
printed above my name asking the origin of the name Rutherfurd. 
It failed to elicit a reply ; I should like to appeal again. Surely some 
one knows. I also desire to obtain information about the name 
Mowbray. As I am a descendant of both, I will thank any reader for 
this information. — White Rose. 



Perhaps I may be allowed to add some more information to 
the reply given last week by " W. T. 0." to the inquiry concerning 
this famous Border family. A very sumptuous history of the 
Rutherfords (compiled by the late Thomas Cockburn-Hood, Esq.), 
containing a large genealogical chart and a map of Roxburghshire 
showing the various properties held by them in that county, was 
published some years ago by Mr James H. Rutherfurd, bookseller, 
Kelso. He has still a few copies of this work in his possession, and 
is engaged at present collecting further information to be published 
as a supplement. 

I met this fine old Scottish gentleman, himself a direct descendant 
of one of the oldest branches of the race, a few days ago on the streets 
of Edinburgh, and on informing him that I had seen an inquiry in 
the Weekly Scotsman concerning the Rutherfords, he quickly replied — 

" Indeed, then tell him to write to me." 

So " White Rose" knows where to go. Probably no one in 
Scotland or elsewhere knows more about this Border family than the 
gentleman named. 

As mentioned by " W. T. 0.," Jeffrey's " History of Roxburgh- 
shire " contains a great deal of information about this family, but his 
allusion to the Gipsies must not be misunderstood. It is true that, 
owing to the severe penal laws directed against the Gipsies in the 
reign of Charles II., a considerable number of these people adopted 
the name of Rutherford for their own protection, just as others of their 
race adopted the names of Blythe, Gordon, &c, for the same reason. 
But, of course, the Rutherfords proper have no connection whatever 
with these people, nor, need I say, have they a drop of Gipsy blood 
in their veins. — J. R. B. [John Rutherford Brown, Kirby, Yorks]. 
16th November, 1901. 



2 Some of J. & J. H. Rutherfurd's Local Publications. 

Crown 8vo, cloth, price 2s 6d, post free, 

A SHORT BORDER HISTORY. 

By F. HINDES GROOME. 

Author of " In Gypsy Tents," ex-Editor of the " Ordnance Gazetteer of 
Scotland," and present Editor of Chambers's Edinburgh Journal. 

With Coloured Map and an Appendix containing chapters on 
" Border Mints," " Finds of Ancient Coins on the Borders," a " Border 
Ballad " by the Ettrick Shepherd, &c. 



MESSES J. & J. H. EUTHERFUBD confidently invite atten- 
tion to the above work. Mr Groome is already favourably 
known as a writer upon the Gypsies, and as the editor of the 
" Ordnance Gazetteer of Scotland," which, by the Times of November 
27, 1885, was styled "the most compact, detailed, and comprehensive 
work of its kind — one that may be commended without reserve." 

A Border History has been distinctly a want in literature. 
Ridpath's (1776) is excellent, but far too cumbrous and costly for the 
general reader. Moreover, it breaks off abruptly at the Union of the 
two crowns in 1693, leaving untouched the three last centuries, with 
their episodes of the Jacobite risings and other subsequent incidents ; 
nor could it, of course, incorporate the vast amount of fresh material 
afforded by the general histories of Drs Hill Burton and Skene, by 
such monographs as Mr Russell's " Haigs of Bemersyde," or by the 
" Proceedings " of the Berwickshire Naturalists' Club. Chapters are 
devoted to its physical aspects, and its industrial and political history. 
Doubtless, in every Border household Mr Groome's History will take 
a place side by side with Sir Walter Scott's " Minstrelsy " and 
Professor Veitch's " History and Poetry of the Scottish Border." 



OPINIONS OF THE PRESS. 

"This little book, it may be said in passing, is an admirable compendium 
of Border history, written in a popular style, yet showing everywhere marks 
of good scholarship, extensive reading, and exact knowledge, with many 
passages of refined literary beauty."— Edinburgh [Quarterly] Review, July, 1SS7. 

"'A Short Border History' is an admirable little book, and supplies a 
much-felt want ; for, as the author says, ' rich as is Border literature, there 
has till now been no short Border history to slip into the pocket, and be read 
on the actual battlefields of Otterburn, Plodden, and Ancrum.' Mr Groome 
loves his subject, knows thoroughly the story of every inch of the 110 miles 
which, following the Border and starting from Berwick-on-Tweed, one has to 
travel before one reaches the Solway Firth. He has also a nimble fancy, and 
is as opinionative as Prof. Blackie himself. ... It contains all that the 
stranger, or the tourist at all events, needs to know of the history, the social 
life, the geography, and the ethnology of the Border. There is scarcely a 
superfluous, and not one uninteresting, line in it." — Academy, Aug. 6, 1SS7. 



Kelso: J. & J. H. RUTHERFURD, 20, Square. 



Some of J. & J. H. Rutherfurd's Local Publications. 3 

Vol. I. (with numerous illustrations), J/.s 6d ; Vol. II., Ss 6d, 

Two Centuries of Border Church Life. 

By JAMES TAIT, formerly Editor of the Kelso Chronicle. 

The Publishers cordially commend this book to public attention. It contains 
many facts and incidents not hitherto known, and it brings together a vast body of 
historical information hitherto scattered in books or periodicals inaccessible to the 
general reader. It will be found to be a perfect mine of reliable information on 
the subject of which it treats, as well as giving many glimpses of society, habits, 
and individuals which few would expect to find in it. 



Cloth extra (tvith 5 illustrations), Is 6d ; paper cover (with ..' 
illustrations ), 6d, 

A BRIEF SKETCH OF THE 

HISTORY OF COLDINGHAM PRIORY, 

By WILLIAM BROCKIE. 

" A capital little monograph on ' Coldinghani Abbey ' is published 
In a small volume by Mr William Broekie, of Bishopwearmouth. 
A handbook of more than ordinary value." — Scotsman. 



Crown 8vo, cloth, 2s 6d, post free, 

THE GYPSIES OF YETHOLM : Histoeical, Traditional, 
Philological, and Humorous. 
Collected, Arranged, and Edited by WILLIAM BEOCKIE, Esq., 
Bishopwearraouth, formerly Editor of the Border Watch, Kelso. 

Crown 8 oo, cloth, price 2s 6d, 

THE YETHOLM HISTORY OF THE GYPSIES. By JOSEPH 
LUCAS, Author of " Studies in Nidderdale," &c, with Photo. 
Portrait and Autograph of Queen Esther Faa-Blyth, and Full-page 
Engraving of Kirk Yetholm. 



D 



Crown 8vo, price Is, with Photo. Portrait, 

AVID BLYTHE, THE GYPSY KING : A Character Sketch. 
By CHAELES STUART, M.D., Chirnside. 



Price 5s 6d, post free, 

The THREE WORKS on the GYPSIES in One Volume. 



Kelso : J. & J. H. RUTHERFURD, 20, Square. 



4 Some of J. & J. H. Ruthepfurd's Local Publications. 



In Alexandra Svo, handsomely hound in cloth, gilt edges, 

THE POETICAL WORKS OF DR JOHN LEYDEN, with 
Biographical Memoir by Sir WALTER SCOTT, and Supple- 
mentary Memoir embracing many new facts in Leyden's Life, and a 
full account of the Centenary Celebration at Denholm ; and illustrated 
with Portrait, Views of Leyden's Birthplace and Monument at 
Denholm, Fae Similes of the Poet's Handwriting, and Steel Engrav- 
ings, &c. Prices, 3s 6d and 4s 6d. 



Cloth, price l^s 6d ; half morocco, rough edges, 6s 6d, post free, 

THE LAY OF THE LAST ANGLER. By the late Hon. and Rev. 
ROBERT LIDDELL, formerly Vicar of St. Paul's, Wilton 
Place, London. With Photo. Portrait, and 8 Reproductions of 
Etchings of Angling Scenes on the Tweed and the Earn, by the 
Author. 

By permission of the Author, these privately-issued and much- 
prized " Lays " were collected and issued to the public in a handsome 
illustrated volume. 



Post 8vo, price IfS 6d, postage 6d extra, only a few copies remain, 
A NEW EDITION, profusely Illustrated, of 

SONGS OF THE SEASONS AND OTHER POEMS. By the 
Late THOMAS TOD STODDART. With Autobiography. 

Post Svo, price 4s 6d, 

AUTOBIOGRAPHY OF THE LATE JOHN YOUNGER, 
St. Boswells. With Portrait on Steel. 



Price 2s 6d, post free, 

VER ANGLING FOR SALMON AND TROUT. By the 

Late JOHN YOUNGER, St. Boswells. With Additional 
and Re-Written Chapters on Creeper, Stone Fly, and Worm 
Fishing by the Editor ; and a Portrait and Memoir of the Author. 



R 



Kelso : J. & J. H. RUTHERFURD, 20, Square. 



Companion Volume to the Rutherfurds of that Ilk, 

By the late THOMAS COCKBURN-HOOD, Esq. 

KELSO : J. & J. H. RUTHERFURD. 

Price, nett, £4 4 s - 



The House of Cockburn of that Ilk and the Cadets thereof, 
with Historical Anecdotes of the Times in which many of the 
Name played a conspicuous part. By Thomas H. Cockbum-Hood. 
Edinburgh : 1888. Pp. xxx. 396. 

The wise King uttered nothing but the truth when he said that 
"of making many books there is no end." There is a touch of the 
prophetic in this "proverb," for no one who had not the power of 
peering " far down the ages " could have foreseen how true it was to 
become in times far remote from his own. The making of books, as all 
know, is a pursuit which is followed in our day far more than in 
Solomon's, and that wise and curious old ruler would be considerably 
astonished if he could come back and see the development to which the 
" art and mystery" of bookmaking has attained in our era. Probably 
he would hold up his hands in horror at the multitude of bad books 
which he would see circulating about, whereat he would feel constrained 
to add a new chapter to his " Book of Proverbs." But when he lifted 
this new work by Mr. Cockburn-Hood his grief and anger would be 
turned to complacency and joy ; for the production is of a character to 
afford that "instruction" upon which Solomon so much insisted in his 
day, and we can conceive somewhat of the pride with which he would 
have laid out the book for the inspection of the Queen of Sheba. It is 
besides a treasury of genealogical information to persons of the name of 
Cockburn, and to those interested in or even remotely connected with 
the family. Externally, the book, which is a thick quarto, is rich in all 
its appointments. The paper is thick and smooth, the printing of the 
letterpress and illustrations good, the margins ample, and the binding 
tasteful. 

The author prefaces the more strictly genealogical account of the 
race of Cockburns by thirty pages of general notes on the Merse, to 
which he pays the compliment of applying to it what has been said of 
the county of Chester, that it has been somewhat signally a " seed-plot 
of the gentry," and pointing out that while it was the scene of the early 
settlement of the Cockburns on the north side of the Tweed, a fair 
proportion of persons bearing the name still hold property in it, though 
others have migrated to the north and thriven there, planting Merse 
names where they themselves had taken root. The Cockburns, according 
to the certification of Mr. Hood, supported by the late Cosmo limes, 



either came of the " upper classes" of " Anglican [T\ families long 
settled in North umbria," or of " Normans of the highest blood and 
names," who were notably " men of the sword," and ranked themselves 
"above all servile and mechanical employment." or they descended 
from Colbrand the Dane (1068), who gave the name to Colbrand's Pefch, 
modernized to Cockburnspath. There is thus a romantic and somewhat 
glorious uncertainty about the derivation of the race ; but there is no 
room for doubt regarding the dignified and honourable rank of all the 
early bearers of the name, for they were men of the sword, and therefore 
above all mean or menial avocations or pursuits. The sword was apt, 
no doubt, to be employed in the days of old in causes which were always 
honourable according to the code in vogue among the "bloods" of the 
time, but the same standard of judgment would hardly pass muster on 
the score of honesty in our unchivalrous and degenerate days. But let 
us not venture to become disputatious with the author. The first of 
the family who had possessions in Berwickshire appears to have had his 
habitation at Bonkyl, and came upon the scene so early as 1061 ; but 
Mr. Hood does not venture to start his account of the race at quite so 
remote a date on account of want of documentary evidence. Though 
the Cockburns are first mentioned in connection with Bonkyl, Langton 
was the chief seat of the race from the time of David II. down to 1751. 
"During the centuries that rolled by from the day Sir Alexander 
received from his patron King David the important office of Ostiarius 
Parliament^ to be held by him and his heirs for ever, down to that 
which saw his lineal descendant, Sir Alexander, take his seat as Lord 
Chief Justice of England, there are few intervals in the history of their 
country in which the name of at least one of the Cockburns is not found 
prominently mentioned either as soldier, sailor, diplomatist, statesman, 
or lawyer." The records of a race so gifted and public-spirited, it may 
easily be conceived, are well worthy of being carefully and consecutively 
treated, though it must not be concluded that all are alike eminent and 
full of great deeds. Indeed, the most memorable thing some of the 
early members of the family ever did was to "witness" some charter, 
yet this was no small accomplishment for these early times, when the 
"clerk" was somewhat despised, and the "soldier" regarded as the 
man to be alone honoured and rewarded. 

The genealogy really commences with Piers de Cokburn, the first 
proved ancestor of the family, who inherited the lands of Cokburn — so 
named from a burn bearing the name of Cok running through the 
property — in the Merse, in the reign of William the Lion (1165-1214). 
Following him was Sir Robert de Cockburn of that ilk and Henderland, 
who received the rank of knighthood at the hands of Alexander III. 
(1249-1286). The fortunes of the family are thereafter traced through 
twenty-two of its heads down to the late Sir Alexander Cockburn, Lord 



Chief Justice of England, in whom this line of the family terminated. 
Other branches are then taken up and dealt with in the same careful 
and exhaustive manner that is displayed in the treatment of the 
preceding section. In the vicissitudes and tumults of early times many 
of the family records have been lost or destroyed, and consequently the 
author has been constrained to gather his facts almost entirely from the 
public records. No doubt, these sources are, on the whole, reliable, 
and, as the author remarks, " from the public records notices of the 
members of the family are found during the darkest periods of history, 
enabling a fair idea to be arrived at of the succession of their chiefs from 
the commencement of the thirteenth century." But had the family 
papers been available the varied fortunes of the different heads of the 
house, as well as of its branches, would have been vivified in a manner 
which is impossible when nothing but official documents are accessible. 

In order to allow readers to judge of the manner in which Mr. Hood 
has done his work — how numerous are his facts, and how closely his 
narrative is compacted — the following brief genealogy is given : — 

"James [Cockburn], fifth son, was styled of Selburnrigg, of which property, 
in Lammermoor, under Dirrington Law (Diuringdon), he had possession from 
his father, subject to his scep-mother's liferent charge thereon. Sasine in fee 
was given co him after her death by his brother William, Laird of Langton. He 
was living there wheu he witnessed, with his brother Patrick, tutor of Langton, 
then in Stobbiswoode, the will of Elizabeth Sinclair, widow of his half-brother 
Alexander, styled of the latter place and Leyiswod, 3d January, 1609, and was 
one of ' the brethren ot William, Laird of Langton,' for whom Patrick, as tutor 
thereof, gave security that they would not with steil bonneteis on their heads, 
and weapons invasive in their hands, disturb their neighbours' peace, and ' invade 
them to their slaughter.' His wifs Marion was a daughter of the family of 
Quhytelaw (Whytelaw), who long held lands in the parish of Greenlaw. James 
Quhytelaw, son of Quhytelaw of the Ilk, had confirmation under the Great Seal 
of James II. of the charter from John Heryng, domiuu9 de Edmeresdene 
(Edmiston) vie Berwick, of *;X0 mercatas terraium in villa et territoriodeGieenlaw, 
ex parte occidentali Aque de Blacadre in comitatu marchie vie Berwici ; que 
terre vulgariter vocantur Blasonbrade.' His grandson, Jame.-J Cockbum of 
Selburnrigg, is numbered amongst the many of his race who suffered for their 
loyalty ; he was faithful to the cause of Charles I., and had to take refuge abroad 
for a time, leaving his lands and his titles thereto in the hands of his kinsman 
and chief Sir William, who kept possession, as under similar circumstances the 
lands of a branch of the Dalrymples were afterwards retained by Lord Stair. 
Selburnrigg was included in the new charter obtained by Sir Archibald. It was 
but a wild heather-covered country for the most part, but, nevertheless, was the 
valued home of his family. He married Isobel, daughter of John Cockburn, 
whose father was of Newholme, in the county of Peebles. 

" His great-grandson Thomas, whose mother was also a Mary Quhytelaw, 
became possessed of Rowehester estate, in the parish of Greenlaw ; he had also 
Scarlaw, in Cranshaws parish, and Bankhead and other lands, in the parish of 
Eccles, in the Morse. He was a Writer to the Signet and Deputy-Keeper of the 
Great Seal, of which his ancestor Sir Alexander was Keeper in 1390. He 
married 3d December, 1752, Agnes, eldest daughter of John Scott of Belford, in 
the parish of Morebattle, county Roxburgh, by his wife Marion, daughter of 
Alexander Baillie of Ashiesteel, whose wife Mary was daughter of Bishop Wood, 
of Edinburgh, temp. Charles II. John Scott's father Charles, second son of Sir 
John Scott, first baronet of Ancrum, was a devoted adherent of the Stuart cause, 
and being 'out' in 1715, died in the tower of London. His wife Margaret was 
the daughter of John Ruthirford of Capehope, Captain in H.M. Guards, who 
was de jure fifth Lord Ruthirfurd. Their son, the above-named John Scott, was 
true to the loyal instincts of his race, and met Prince Charles Edward at Kelso 
in 1745, bringing all the money he could raise, carried in saddle bags by himself 
and his servant. Many a hunted Jacobite found refuge in a hiding-place in the 
old house of Belford, and much as they had suffered for the Stuarts, he and his 



in after years never raised their wine-glass to their lips without passing their 
hand across it in token that they drank to the health of ' their king over the 
water.' Margaret Ruthirfurd's brother, Alexander, Lord Ruthirfurd, was thus 
styled in the Gazette of 16th April, 1757, in which his promotion to a company in 
the Royal Regiment of Horse Guards was notified. On his death, unmarried, 
the representation of the family of the Ruthirfurds of Capehope, and the Lords 
Ruthirfurd fell to John, the eldest son of Thomas Cockbnrn of Rowchester, 
through his mother, Agnes Scott. This John Cockburn of Rowchester. married 
Jane Ross, heiress of Shankwick, county Ross, representative of the ancient 
Earls of Ross. He assumed the additional surname of Ross, and, going to reside 
on his wife's estate in Ross-shire (of which county, as well as of Berwickshire, lie 
was a deputy-lieutenant), he sold Rowchester and his other lands in the latter 
county, and the name of Cockburn ceased to appear on the roll of its landholders 
after having been so prominent for seven hundred years. It still, however, 
continued to be represented there by his nephew, John Cockburn-Hood of 
Stoneridge, a magistrate and deputy-lientenant for the shire, who also piternally 
descended from the family of Selburnrigg. He wa9 the grandson of Thomas 
Cockburn of Rowchester, and Agnes Scott. His estate in the Merse is held by 
his son, General John Cockburn-Hood, C.B. 

" Sir Alexander Cockburn-Campbell, Baronet, another grandson of the same 
Thomas and Agnes, inheriting, under special limitation, a Campbell baronetcy, 
assumed that additional surname. His son, Sir Thomas Cockburn-Campbeil, 
fourth Baronet, is the present representative in the male line of James Cockburn, 
first of Selburnrigg. Sir Stafford H. Northcote, Baronet, of Pynes, created Earl 
of Iddesleigh, was the grandson of Thomas, second son of the above-named 
Thomns of Rowchester and Agnes Scott, who married Henriette Colebrooke. 
They had besides Agnes Cockburn, Lord Iddesleigh's mother, a son Thomas, 
who died unmarried. Thomas Cockbuin of Rowchester dipd in 1796, aged 
seventy-three. His father's tombstone at Langton bore the following inscrip- 
tion : — 'Hie iacet quicquid mortale Davidis Cockburn unicus filius legittimus 
Thomfe Cockburn qui fuit filius legittimus natu maximus Jacobi Cockburn de 
Selburnrigg, vir erat fortis pins, honestus in negotiis assiduus, verus, abiit tertio 
die mensis Junij anno salutis 1763, ad annum septuagesimum sextum vitse 
perutilis.' " 

There will be but one feeling, however, on the part of all readers 
regarding the way in which Mr. Hood has overcome the difficulty of the 
task to which he set himself, and that will be one of gratitude and 
admiration. The amount of arduous and irksome investigation involved 
in such a work must have been prodigious ; but the author appears to 
be highly gifted with the virtues of patience and perseverance, along 
with a painstaking care and exactitude in the minutest details which 
shed light upon or impart precision to a narrative, which greatly enhance 
his other qualifications for the task, and stamp his work with the seal of 
" first-rate." The work is a valuable addition to local literature in the 
department to which it belongs, and will form a perfect quarry for all 
who desire to become acquainted with Berwickshire history. To those 
who are by family connexion interested in the genealogies traced in its 
pages, the book ought to be welcomed and prized, and every library in the 
Merse of the slightest pretensions to be furnished with works of primary 
interest and value must be regarded as poor and defective without it. 

The book acquires added value from its being furnished with reduced 
sections from Pont's and Bleau's maps showing the possessions of the 
family, and with fac similes of charters and other legal instruments, as 
well as seals and coloured coats of arms of the various branches of the 
family. Reference has also been made easy by means of a copious 
index. — Kelso Chronicle, 11th January, 1880. 



In reply to yours of the re Mr. Hood's Volume and its supplementary pages. 

My object in compiling the latter was to place on printed record a host of collected material and reminiscences 
I possessed of Rutherfurd interest not taken up by Mr. Hood, whose pages are virtually but an expansion of the 
Rutherfurd article as given in Douglas's Peerage of Scotland. 

What with outside assistance and my own efforts the supplementary pages already printed, or at press 
equal in number those of Mr. Hood's original. The accompanying waste pages will apprise you of the subjects and 
objects aimed. at. These have so grown on me that I despair of living long enough (I am in my 83d year) of 
completing my pages on the lines I have sketched out. As it is : — my purpose and its objects, and my work thereon 
having become known, requests frequently reach me for information thereanent (many of the inquiries coming from 
abroad), hence my compilation of this circular. 

The stock of Mr. Hood's compilation, limited to begin with, is likely to be soon exhausted, while mine is still 
in progress. And here I may mention I make it a rule to announce to every inquirer (as I now do unto you), that 
my supplementary additions to That Ilk are sold without guarantee of completion. 

Copies of the Supplementary pages done up in a volume with those of Mr. Hood is priced jQ$ 13s 6d net (as 
additions are added the price will be increased). For the Additions only — in a Portfolio for their keeping, and 
the convenience of adding thereto (subject to the same non-guarantee) — the price (subject to increase) is j£,\ 5s net. 

At the price stated the volume is small bulk for the money. When Mr. Hood issued his volume his first price 
was £2 2S net, which he soon raised to £2 12s 6d net. At both these prices several copies went through my 
hands to Rutherfurd purchasers. 

Never satisfied myself with Mr. Hood's volume owing to the lack of expansion, I approached him for the 
transfer of the stock of it, which having arranged, and he dying soon after, I practically withdrew, with a view to 
its enlargement, the volume from sale, and entrusted the compilation and editing thereof to Messrs. Carmichael and 
Tait, gentlemen well up in Rutherfurd history, and otherwise well qualified for the work, when, within a few days of 
each other — influenza raging at the time — they died. No others possessing the qualifications required for the work, 
I was thrown on my own resources. As a reading of the pages will show, willing assistance (offered spontaneously) 
has helped me. 

The general admission is that the Supplementary pages, if not of high literary merit, are readable, interesting, 
and novel in the way of family history. 

Waiting your further commands, 

I remain, 

Your obedient Servant, 

JAMES H. RUTHERFURD. 



THE RUTHERFURDS OF THAT ILK 

AND THEIR CADETS. 

Compiled from the Public Records and other Authentic Sources. 

[By THOMAS COCKBURN HOOD, Esq.] 

Edinburgh, 1884. 



COLLATION. 

In Pocket at Front — Genealogical Chart of the Rutherfurds, from Robertus Dominus de Rodyrforde, 1140, 
to the date of publication. Size, i\\ x 36 inches. [A masterly compilation and extraordinary specimen 
of type-setting — vide Note, page 4.] 
Engraved Full-page Frontispiece of the Norman Door, Jedburgh Abbey — " Entrance to the Burial Place of 

the Rutherfurds." 
Title, 1 page. Dedication, 1 page. Preface, 2 pages. " Pedigree of Rutherfoord, Lord Rutherfoord, as set 

forth by Sir Robert Douglas, Baronet, of Glenbervie." Ed. 1764. Pages, iii.-xxii. 
Coloured Fac-Simile. Grant from the Abbot of Jedburgh to Robert Rutherfurd of Chattow and his Wife of 

Lairs in the Abbey of Jedburgh, 13th July, 1464. Text. 2 pages. 
Translation of the Grant and Vignette Plan — " Division of the Choir of Jedburgh Abbey by the Presbytery 

between the families of Rutherfurd, a.d. 1666." xxiii. 
Rutherfurd of That Ilk. Coat of Rutherfurd of That Ilk (coloured) and Text, xxiv.-xxx. 
Rutherfurds of Bowland and of Fairnington. Text only. xxxi. 

,, of the Townhead. Coat of John of the Townhead and Text, xxxii. and xxxiii. 

Vignette Etching of Edgerston House, xxxiii. 

Rutherfurds of Chatto and Hunthill. Coats of Chatto 1460 and Hunthill 1550. Text, xxxiv.-xxxix. 
of Littleheuch and Capehope. Text and Coat, xl.-li. 
The Dolphinston Branch. Text and Coat, li.-liii. 
of Langnewton and Fairnington, &c. Coat and Text, liv.-lvii. 

of Keidheuch. Coat and Text, and Coat William Dom de Rutherfuird. Temp. James II. lviii.-lix. 
Hundalee. Coats 1500 and 1600, and Text, lx.-lxvii. 
Fernilee. Coat 1700 and Text, lxvii.-lxxi. 

of Aberdeen, and Coats 1485 and 1500 and Text. lxx. and lxxi. 
Salter Scott, Descent of (paragraph), lxxii. 
Fac-Simile. Letter of Confraternity by Thomas Borthwick, Prior of Lufnes, to George Rutherfurd and Elena, 
his Wife. A.D. 1464. One page. 
„ Gift by the King of the Ward of the Lands of Rutherfurd, 1502. 2 pages. 

Translation of the above, lxxiii.-lxxvi. 
,, Letter of Tutory on behalf of Helen Rutherfurd, 1502. 2 pages. Translation of, lxxv. 

„ Sasine to William Turnbull, Procurator for Helen Rutherfurd of the Lands of Maxton Craig, 1504. 

2 pages. 
Translation of, lxxvi-lxxvii. 
„ Remission by the King to John Foreman and others for the Slaughter of Thomas Rutherfurd in 

Jedburgh Abbey, 1506. Two pages. 
Translation of. lxxvii.— Ixxviii 



Sir W 



Collation — continued. 
Agreement for the Settlement of Feuds between the Rutherfurds and the Kers, a.d. 1560. lxxix.-lxxxii. 
Minutes of Synod regarding the Rutherfurd "Loft" in Jedburgh Church, a.d. 1665. lxxxiii.-lxxxiv. 

„ regarding the Burial-Place of the Rutherfurds in the Church [Abbey] of Jedburgh, a.d. 1666. 

lxxxv.-lxxxvi. 
Letter of Charge to the Sheriff of Roxburgh to Desert from the Service of John Rutherfurd of Hunthill as 

Heir to his Brother Andrew in the Barony of Capehope, &c. lxxxvii.-lxxxviii. 
Notes and Corrections — Chart Pedigree. Ixxxix.-xch. 

End of Andrew Rutherfurd of the Townhead [from " Arnot's Criminal Trials "]. xciii.-xciv. 
In Pocket at end Reprint of Pont's Map of Teviotdale {Circa 1600) showing past Rutherfurd Possessions in 
the District. 

Table showing the Marriages between the Rutherfurds and Minto Elliots, xciii.-xciv. 

Reduced Fac-Simile of Colonel Drink water's Chart — "Sketch of Consanguinity existing between the Families of Stuart 
of Allanbank, Coutts of London, Kers of Morrison, Elliots of Minto, the Rutherfurds, and Congleton-Bethunes." 
Some Rutherfurd Signatures, xciv. 



Additions and Corrections by the late C. H. E. Carmichael, Esq. 

Title, Prefatory Note by the Publisher, and Contents. 3 pages. 
Rutherfurds in the Exchequer Rolls of Scotland. 1 — 6. 
,, in the Register of the Privy Council. 6 — 9. 

History of Fairnington as a Rutherfurd Property. 9 — 13. 
Early History of Langnewton. 14 — 15. 
Hepburn of Bolton and of Fairnington. 16 — 18. 
Rutherfurds in England. 19 — 29. 
John Rutherfurd, Constable of Norham, 1481. 30. 
A Rutherfurd Witch, 1662. 31. 
Rutherfurds in Perthshire. 31 — 32. 
The Earl of Teviot. 32 — 33. 

Fac-Simile. Commission by Charles II. constituting the Earl Captain-General of Tangier. 
Rutherfurds in the Service of Spain. 
A Rutherfurd Incident in Aberdeen. 



Some Supplementary Additions by the late Mr. James Tait, Editor of the " Kelso Chronicle," and others. 
Title. Obituary Notice of Mr. Tait, and Contents. 8 pages. 
The Founders of the Family. 5 — 8. 
The Edgerston Family. 9 — 25. 

Rutherfurds of Hunthill, and the Rev. Samuel Rutherfurd. (Wood-cut Illustrations.) 26 — 36. 
Rutherfurds of Fairnington. 37 — 41. 

,, of Jedburgh. 41 — 48. 

The Lorymer-Rutherfurds. 49 — 51. 
Rutherfurds : their past supremacy in Jedburgh. 50. 
Provost Robert Rutherfurd, the last of the Townhead branch, and Portrait. 52—55. 



A P P E N D I X— at Press, and partly printed. 
Complete lists of Rutherfurd Births and Marriages : Extracted from the old Parish Registers of Jedburgh and 
the surrounding Parishes. 



Miscellaneous Contributions. 

The Scots Guards in France : origin of the corps and notices of its Rutherfurd members. Pages 3 — 10. 

Their Privileges. 11. "David Rudefurd." 11 — 12. 

Captain George Rutherfurd of the Swiftsure at Trafalgar. Diagram of the Battle. 13 — 18. 

The Rutherfurds and their past predominence in Aberdeen. 19 — 23. 

Provost Alexander Rutherfurd of Aberdeen as a Witch Burner. 24 — 25. 

The Hounam Rutherfurds. 26 — 27. 

Rutherfurds associated with Wallace and Bruce and the Douglas. 28 — 34. 

Sanquhar Castle. Cut Illustration. 34 — 35. ■> 

Blind Harry's Wallace and Barbour's The Bruce : their value as Histories. 36 — 38. 

Rutherfurds at the Reidswyre. 39 — 43. 

Dicko?t-Draw-the-Sword. 43 — 44. 

Name and Site of Reidswyre. 45. 

The Redsvale Hunting. 46 — 47. 

Rutherfurd Delinquents, 1583-1612. 48 — 64. 

The Rutherfurd-Stewarts, Earls of Traquair, heirs of line, with whom are associated the Maxwells, Earls of Nithdale 

and Setons, Earls of Winton. 64 — 71. Portrait and Signatures. 
A Genealogical Digression. 72. 



At Press, and partly printed — 

The Notorious " Old Q." Prospective Heir of Line. Portraits. 
Prospective. — Rutherfoords of Bowland. 

,, in Modern Times. 

„ in Newfoundland. 

,, in the United States. 

,, in County Carolina, U.S. 

,, „ „ ,, and Newfoundland Coins. 

,, Fighters in the U.S. Secession War. 

,, Members of the Scots and British Parliaments. 

Genesis of the Rutherfurd Arms. 
John Rutherfurd, Member of Convention, 1641. 
Extracts from rare first issue of Jeffrey's History of Roxburghshire. 
Dr. Robert Chambers's Account of Jedburgh, issued 1832. 
Fac-Simile reduction of Wood's Plan of Jedburgh, 1820. 
Jok 0' ye Greens. 
Jedburgh Nicknames. 



Note. 
The Genealogical Chart of the Rutherfurds — well worth the framing — can be had for 5s. Mr. Hood had 
some extra copies of it printed for separate sale, which he priced at 10s 6d. 

J. H. R. 



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