This blog was prompted by the research and post on the Clan’s Australian facebook page by Gary John Carruthers FSA Scot, a senior Clan Genealogist and Advisor to the Chief.
He posted:
From this excellent kernel of information, further research shows that Mark Carruthers was often styled Schir Mark (Sir Mark) in his role as a cleric, that he served as Parson and Rector of Mouswald in the 1530’s to the 1540’s, a fact that undoubtably points to him being a member of the Mouswald line. This is augmented by the fact that he is also listed as the ‘natural’ son of Simon of Mouswald and as having acted as a Notary Public being involved in legal disputes, which was not unusual for a member of the clergy to be a pluralist, in those days. These included the case of 19 June 1537 in Dumfries regarding an argument of a property boundary. It would also seem that he followed Sir/Schir William Broun into that position.
Mark appears in several records over the years of 1537 to 1538, to include his service as both a parson and Notary Public, witnessing charters and being involved in litigating rights in Dumfries. He is recorded as ‘Sir/Schir’ Mark Carruthers, Chaplain of St Chrisopher’s, which was founded near the burgh of Dumfries by Robert the Bruce. This was in memorial of Sir Christopher Seton, a supporter of the Bruce and a member of his family having married Lady Christian Bruce, his sister. After his capture by the English at the Castle on Loch Doon in 1306, he was executed at Dumfries in a similar vein to William Wallace i.e. hung, drawn and quartered.
It is also recorded that Mark a granted a land tenure document (feu charter) at St Christopher’s in August 1566 to George Maxwell, the then Provost of Dumfries, which supports he was active in that role at that time. It is also listed that Mark Carruthers was the last Roman Catholic chaplain of St Nicholas altarage (a revenue reserved for the chaplain of the same) and is listed as a prebandary (one who receives a stipend from the Church). As a Pastor he would have looked after the congregarion of a parish, while as a Chaplain, he had more power to intervene in public affairs and over a larger area outside the normal congregation. Neither of these roles necessarily required seminary training but rather attained office via an informal ‘apprenticeship’. Being a Rector on the other hand, was normally reserved for a member of the clergy who, like a chaplain oversaw the administration and operations of the church/parish in which he was assigned.
In most cases the stance taken by the church of being a member of the clergy was that the more people in the ministry, the better. It was however preferable if the candidate was born within the ordaining bishop’s own diocese, he was to be imbued with good letters and adorned with good morals, *legitimate, not criminous nor suffering from some notable impediment. However, although in those days all clergy were members of the Catholic church, it has been shown that at the Reformation in 1560, most notably in Dunblane diocese for instance, a proportion of the chaplain curates who were serving parishes did in fact join the Reformed ministry. This was a pattern which was repeated elsewhere in Scotland.
Mark Carruthers compiled the Protocol Book, which was a notary’s record of legal instruments. This covered the periods from October 1531 through to February 1562 with the original being held among the Drumlanrig Papers. The book itself documents 30 years of property transactions around Dumfries, Lochmaben and nearby estates. It was reprinted in 1956 and edited by R.C. Reid (Robert Corsane), who also co-authored the Records of the Carruthers Family with A S Carruthers (Arthur Stanley).
Mark was deceased before 1580.
NB: We must note that in the time before the Reformation in Scotland in 1560 which brought Protestantism to the fore, two powers ruled. They were the Monarch and the Church and as such, a member of the clergy held great sway in the community. The power was split with the King collecting taxes, laying down the law and calling men to battle, but most ordinary folks owed their true alliegiance to the Catholic faith. However, by the year 1500 many Scots had stopped attending Church as they were becoming disillusioned with some of its less reputable practices. These included the custom where indulgences promising someone a better life in the next world were simply sold for cash, which then went to pay for the upkeep of the Pope and his cohorts in Rome.
The Catholic church of the time, was seen to have lost its way and not necessarily simply at ground level. It had become bloated and corrupt, which progressively led to its own demise in many parts of Scotland and of course led to the Reformation.
‘Natural’ born status in Scotland 1500’s
It seems that Mark was the natural (illegitimate) son of Sir Simon Carruthers, 9th of Mouswald and 4th Baron who married Katherine, daughter of William, Lord Carlisle in 1516. This information is taken from legal records, which identify him explicitly as being a son of Simon of Mouswald, although there is also some that may question whether the ‘Simon’ was the 9th or the 10th, the latter making him the half brother of Marion and Janet. Sir Simon 10th of Mouswald and 5th Baron. Simon 10th married twice, firstly Agnes, daughter of Cuthbert Murray of Cockpool in 1538 and secondly, Mariota, sister of John Johnston of that Ilk (i.e Chief of Johnston) in July 1544. However, the situation with the orphan girls is very well documented, with no mention of Mark in the frame?
What is really intriguing is that Mark is definately listed as the natural son, ie illegitimate. Yet in Scots law in those days, it was a relatively automatic proces to be classed as legitimate after the marriage of both parents. Mark already carried his fathers name and as such was fully accepted by him. So the mention of him being legitimised in August 1566 is interesting, however further investigation and collaboration continues. Also as Simon 9th died in April 1531, and Simon 10th in July 1548, where only a marriage would normally have legitimised the ‘natural status’ why wait until 1566, 35 years after Simon 9th’s death, not marriage and 18 years after Simon 10th death?
According to Marshall; Although illegitimacy was very rare in the 1600s, accounting, according to records for less than one per cent of all births, studies show that almost 40% of all brides were pregnant at the time of marriage. The act of a child being legitimised however, if born out of wedlock can be resolved per subsequens matrimonium i.e. if both parents get married. Further, as previously mentioned a birth was legitimised if the parents married, sometimes several years later, and was deemed acceptable within Scots law as long as the parents were free to marry at the time the child was conceived. If this occurred, the birth was recorded in a ‘Corrected Entry’ which will be displayed in the margin. The marriage itself may have taken place many years after the birth of a first child.
There were of course other ways by which to have a natural son legitimised and this may be important in this instance. The Monarch also had within his powers the rights to legitimise a person born out of wedlock if this had not been done previously. However, Mark was a Catholic Chaplain/Rector and the king, James 6th, who had just come to the throne two months prior to Mark’s legitimisation being issued, was protestant. Further this occurred 6 years after the Reformation, if in fact it related to his ‘natural’ status, which one would have to suggest it did.
In this instance, the term legitimised is normally used in the case of being out of wedlock, the question is, was it within the churches remit to do the same. Well of course with the power available to them at the time, yes it was but this still doesn’t answer the question, why so late after the marriage, the deaths of the father and during a time when the Scottish church and clergy was in such a period of flux?
Schir/Sir
We have also to be very careful if we presume that the prefix ‘Schir‘, commonly used in the middle ages, only recognised the individual as a Knight of the realm, especially when dealing with the clergy, as this is not normally the case.
Sir(e, Syr(e, Schir(e, Schyr(e, n. Also: syir, syer, shir, scir, scyr, ser, scher(e, sure. Abbrev. Sr. Pl. also syrrys, schirris, etc. In many cases the word is abbreviated in the original, and the choice of sir, ser, schir, scher, etc. is purely editorial. The title could also be interlinked with the word maister/master i.e. a holder of a Masters degree from University. An example would be ‘Heyr lyis Ingram of Kethenys prist maystr in arit’
The preponderance of forms in sch- and lacking a final -e in II, may be due in part to editorial choice in expanding an abbreviation or to an alteration in the vowel caused by absence of stress before a following name. There were many cases in medieval Scotland where Shir/Schir was used where some did reflect status in nobility, but some definately did not. The use of the term could mean the individual was a Lord (feudal or otherwise), Prince, Sovereign, Knight, Chief or Leader all the way through to a master of an establishment or even used to a ‘man of every rank’ as a sign of respect.
However, and this is where we must consider that the title was also used prefixed to the name of an ordinary priest in the pre-Reformation church (1560’s). This term was normally used as a sign of respect, but also on a few occasions as derisive personifications. As such the title schir was given to priests who had not achieved the status of ‘master of arts’, i.e Schir Patrik McQuhe chaplen and notar publict.
To summarise: Sir or Schir in old Scots was often used for secular priest who were not university graduates, especially parish priests, chaplains or notaries. This title did not imply knighthood eg Sir Simon of Mouswald – knight. Therefore, it is fair to state that although Mark Carruthers was referred to as Schir in many legal and ecclesiastical books, which is a standards title for a clergyman in Scotland 1100’s-1500’s, there is no evidence that he was a knight of the realm.
The nice thing about working with others, is the research doesn’t always offer all the answers, but simply just poses even more questions. However, that is history and with a continued search for the truth, every door that opens leads to another even more exciting prospect.
I must give full credit to Gary John Carruthers FSA Scot, for turning over this rock and allowing us the opportunity to better understand our family’s historical past, allowing us to appreciate both our present and future.
Promptus et Fidelis
