“The history of a Scottish Chief, whether of a Clan or Family, goes back into the mists of time and is integral to the threads of Scottish History, as part of a particular surname”.
Of course not all Scottish names had a chief, and not all Scottish names who could have one, have one. These days, more and more clans and families are seeking official status through the auspices of the Lord Lyon. There is therefore an ever increasing queue to have their name recognised by the confirmation of a Chief of the Name and Arms or the commissioning of a Commander.
These routes, and there are only two, both with strict rules and processes to follow which will take a recognised clan or family out of armigerous status, It is also once again important to note that the arms of an individual granted in ~Scotland especially a Chief or member of the nobility, is owned by that individual or his heirs only and not a family in general.
The role of Chief has of course changed over time as it no longer brings with it the right to wield infinite power, have the right of tithe nor to call us to battle. These days they act far more as a CEO/ Chairman of, in this instance a Noble Incorporation, ie a father figure of the clan or family they lead. However they do retain some rights from ancient times, to include acceptance of who they recognise and the appointing of roles and recognition of that role within the clan or family they are responsible for.
Many of us are already aware of what and who a chief is, but the questions keep popping up, commonly from the usual culprits trolling the sites and pages. This has become especially prevalant as we head towards our Gathering in Annan, August 24-25 and the Inauguration of the Chief.
Therefore in an attempt to clarify the process that all and any Scottish Clan or Family Chief has to go through to gain official recognition, if they currently do not have it, both in Scotland and worldwide, please see the information in blue italics, bullet pointed and taken directly from the guidance notes of the Lord Lyon.
- While a clan or family association, society or other corporate body may be created that body is created only in support of a clan or family. That body is not itself the clan or family. That is an important distinction. The chiefship of a clan or family is regulated by the Lord Lyon King of Arms by regulation of arms. The Lord Lyon does not regulate the leadership of associations, societies or other corporate bodies created in support of a clan or family. That is an internal matter for the association, society or corporate body itself. Any chief recognised by the Lord Lyon as chief of a clan or family is chief of all who bear the name of the clan or family and not only those belonging to a particular body.
SO WHAT MAKES A CHIEF?
Is it the simply putting 3 feathers on a cap and calling yourself one some may think so, but if only it was that easy. There is an official and legal route to follow to attain official recognition to lead a Scottish clan or family and its diaspora, and although both frustratingly long and arduous, like all things that require great effort the rewards are well worth it to any clan or family wishing to attain that level of international recognition.
Firstly we are speaking of a Chief of a Scottish Clan or Family who will be recognised in Scots law and as such and they are not ten a penny. The other point is that there is only ever one Scottish clan/family of a name, albeit there are two of the larger highland clans who do have chiefs/chieftains under a high chief and these are clan MacDonald and McLeod, all others have only one chief.
Appreciating there are those who through ego, agenda or simply confusion make false claims, in some cases with a financial bias, robust analysis is carried out. As such in order to preserve the reputation of a name, it is imperative that any claims are validated and through that validation, either denounced or accepted.
So what makes a chief and how are they validated? There are only two routes, one taking precedent over the other, the first and primary is:
Right by Descent :
- To be recognised as entitled to bear the undifferenced arms an individual must establish the right by descent from the original grantee or in some cases from an ancient user of the arms and fall within the destination of the original grant of arms (Maclean of Ardgour v Maclean 1941 SC 613). To do that an individual requires to satisfy the Lord Lyon, on the balance of probabilities, by evidence (commonly, birth, marriage and death certificates, entries from Parish Registers and the like) that the individual descends through each generation from the grantee or ancient user of the arms. The individual must also bear (whether historically or by formal change of name) as sole surname the name of the clan or family.
Therefore the strongest qualification before one can even be considered is a direct lineage through the male line to the chiefly line accompanied by robust documented evidence.
Does that mean a former truck driver from America, a sheep farmer from Australia or a lumberjack from Canada can be a Chief, the answer is of course is a resounding yes, but the proviso is that they must have the proofs to support it.
Ok so we have an individual claiming to be Chief, how can that be tested to allow them the ‘legal’ right to bear the Chiefly arms of a particular clan or family as only the chief can. Well there are filters in place simple allowing a deep analysis of the validity of any claim of Chiefship. In some cases it is easier than others:
- Where the undifferenced arms have descended through the same family for many generations it may be relatively straightforward to prove entitlement to bear the undifferenced arms. For example, where a chief has matriculated the undifferenced arms in the Public Register of All Arms and Bearings in Scotland it may be that the heir need prove only descent from the late chief to prove entitlement to the arms and so to the chiefship.
Therefore the gathering of documented evidence to prove anyone’s ancestry, never mind a Chief’s, can and does take years and the journey is fraught with many twists and turns and dead ends. However, once a lineage is proven, and the chiefly line may well be easier than others based on the historical documents many names have dating back in time, the accuracy of the connections remain important.
Ok the proven lineage is available, what’s next?
- On any chief’s death, a person with a legitimate claim and the evidence to support it may petition the Court of the Lord Lyon to prove entitlement to bear the undifferenced arms. Such a claim must be proved with evidence.
In order to be confirmed as Chief the evidence must be presented as a petition to the Lord Lyon for analysis and if necessary, the petitioner may be required to stand before the Lyon Court to defend his case. Ok but why the Lord Lyon and what is his role.
As a member of the Scottish judiciary, the Lord Lyons role has since 1672 been to represent the British Monarch in Scotland in all things heraldic. The 1672 Lyons Act of Parliament, was enacted to filter out charlatans making claims of nobility and the right to bear arms, that they were not entitled to. Although the Lyons jurisdiction is within Scotland, his process and decisions are accepted internationally as being accurate and are well respected.
So what does that mean for a Chief? Well three things :
- It is in the Lord Lyons remit to grant or matriculate Scottish arms or not. In order to give an individual the right to bear the chiefly arms of a clan or family he must be certain that the evidence exists to allow them that right and once proven to his satisfaction, they are confirmed as Chief of the Name and Arms of (Name). It is through the bearing of chiefly arms that an individual takes their clan and/or family out of armigerous status (without chief) to be recognised within Scots law as having official status and viewed as a ‘Noble Incorporation’.
- Secondly as the representative of the British Monarch, this confirmation, and this is important, carries the status of being recognised by the Crown through a Letters Patent.
- Only an individual, recognised and confirmed by the Lord Lyon as Chief, may be invited to join the Standing Council of Scottish Chiefs.
A Derbfine/Family Convention
If no direct chiefly line currently exists, the clan or family itself may choose a chief. However a Derbfine, does not supersede an individual with direct and proven ancestry ie hereditary right to the Chiefship. This process initially will lead to a commander commissioned, which over time may lead to a chief again leading a clan or family.
- Where a hereditary chief cannot be identified and a clan or family is without a chief there is a process – known as a family convention – by which a commander may be appointed by the Lord Lyon to lead the clan or family. The Lord Lyon may appoint a commander at the request of the clan or family. The purpose of the appointment of a commander is to allow time and space for the clan or family to raise its profile, build itself up, publicise itself and for a potential candidate to be hereditary chief to be identified. One of the principal responsibilities of a commander is to seek to identify any potential hereditary claimant to the chiefship. If it is not possible to identify a potential claimant who can prove descent from the chiefly line the commander should seek to encourage suitable candidates who may have wide support from the clan or family to come forward as a candidate for the chiefship.
- The purpose of a family convention is to allow the clan or family to identify a suitable candidate to be commander. If a family convention is to result in the appointment of a commander by the Lord Lyon the Lord Lyon requires that it must be overseen by a supervising officer (usually one of the Officers of Arms) appointed by the Lord Lyon to chair the family convention and to ensure that it is run efficiently, effectively and fairly.
- The supervising officer works with the clan or family to make certain that the procedures adopted (for example in giving notice of and advertising the family convention; ensuring participation of people with an interest whether in person or remotely; allowing all participating in the family convention by whatever means to have a say) are understood by all concerned, are transparent and are fair. At the end of the family convention the supervising officer reports to the Lord Lyon.
- On receipt of the supervising officer’s report the Lord Lyon would likely only appoint a commander where the clan or family clearly coalesces around a single candidate. Recognising a commander where a clan or family was divided between two or more candidates would be likely to promote the fracturing of the clan or family rather than its unity. Given the role of a commander and the links of clans and families with Scotland and its people it is generally preferred that a candidate for commander reside within the United Kingdom.
Currently there are armigerous Scottish clans and families taking both routes to achieve confirmation of a Chief. The normal process of a Convention is that it held in Scotland, clearly supported by the name concerned, supervised by the Lord Lyon and on the recommendation of that supervisor a Commander is commissioned, not a Chief at that time.
- A commander is generally appointed for a five year term. The appointment can be renewed at the discretion of the Lord Lyon so long as the commander wishes to continue to serve as commander and can show that the clan or family supports re-appointment. As noted above one of the main functions of a commander is to seek out and encourage to come forward any potential claimant to the hereditary chiefship.
To summarise:
A Family Convention would be held in Scotland, usually in the ancestral homelands of that clan or family and also supervised by someone appointed by the Lord Lyon to oversee proceedings. If it was deemed that the correct process was followed and an acceptable candidate is chosen, one living in the United Kingdom, a Commander would be commissioned by the Lord Lyon to lead the clan or family. After a period of time set by the Lyon and with no other contenders comeing forward, the title of Chief is bestowed upon the Commander and a new hereditary line for that name has begun.
N.B. A Familiy Gatherring/Convention/Derbfine cannot directly choose a Chief of a Scottish Clan or Family.
Inauguration
Following on from ancient tradition, it has been the norm for a confirmed Chief to be inaugurated in their role. This allows the clan the right to understand the claim through genealogy as presented by the Seannachie, the presentation of the Chief’s Letters Patent from the Lord Lyon on behalf of the Crown and the Chief themselves to make an oath of service to his global family. This is a rare and exciting event, not likely seen again in a lifetime and cements a chief in both their family and Scottish history.
CHIEF OF CARRUTHERS
The Chief of Carruthers, Simon Peter Carruthers of Holmains, who will be formally inaugurated in his role in August 2024, in Annan, Dumfriesshire, has proven lineage back to 1320 and Thomas 1st of Mouswald and beyond and therefore has the right of descent. His petition was approved after nearly 2 years of robust analysis and 2 court hearings under the auspices of the Lord Lyon, leading to his confirmation as Chief of the Name and Arms of Carruthers in 2019. He is the 22nd Chief of the family and 27th of his line and holds a hereditary seat on the Standing Council of Scottish Chiefs.