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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.

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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. ?ovv0

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,0

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, yr 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.

pROvy0

(?Th

?«0vyo

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.

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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.

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

tffMt^p l^^P^nj-hx

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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. vcj; 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 MacDowgall 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
Alexr- 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, Jm- vic-
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, Jm- vic-
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, Jm- vic-
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. Sr- 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

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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.
3xi5 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*

-a1

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 4s-

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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