These pages give an interesting insight into the role that Clan MacAulay played in Scottish history.
More recent articles tell the story of Iain MacMillan MacAulay's revival of the clan which had disintegrated more than 200 years ago and how the Clan went about electing a new Chief.
In 1591 the MacGregors were threatening to make things more than uncomfortable for their neighbours on the shores of Loch Lomond, Gareloch, and Loch Long. They secured the alliance of MacFarlane of Arrochar, and it was possibly only to protect himself from their vengeance that MacAulay in 1591 found it prudent to sign the bond of manrent. He escaped, at any rate, from the fate which befell his neighbours, the Colquhouns. In the following year the MacGregors and MacFarlanes raided Colquhoun’s lands, shut the chief up in his castle of Bannachra, shot him dead. Eleven years later the MacGregors, in still greater force, again raided the lands of Luss, defeated the Colquhouns with great slaughter in Glenfruin, and destroyed all the Colquhoun possessions.
From such attacks the bond of manrent saved MacAulay and his lands of Ardincaple on the other side of the hill. The action of the Government of James VI. which followed, seems to have recognised the fact that MacAulay, in signing the bond of manrent with MacGregor, had merely done so under force majeure, for, while MacGregor was executed and his clan proscribed, Sir Aulay MacAulay of Ardincaple and his clan were exempted from retribution.
The theory most in harmony with the annals of the house (of Ardincaple) fixes their descent from a younger son of the second Alwyn, Earl of Lennox." Alwyne or Aulay was a common Christian name in the Lennox family. The second and third of the early race of earls bore this name. The MacAulays, further, repeatedly appear in the deeds in the Lennox chartulary, and their relations with that house appear to have been fairly personal and close. If, as seems likely, they were really cadets of the Lennox family, they could claim kinship with James VI. himself, who was the actual head of that house, and this would largely account for the fact that they escaped prosecution after the battle of Glenfruin, when their quondam allies, the MacGregors, were being everywhere relentlessly hunted down.
As if to show still more unmistakably that the statement of kinship with the MacGregors inserted in the bond of manrent of 1591, was no more than a convenient fiction, Sir Aulay MacAulay, when the MacGregors were proscribed for their evil deeds, was one of those who took up their prosecution with most energy.
In view of all the facts it would seem that the tradition attributing the origin of the house of Ardincaple to a younger son of an Earl of Lennox, has the chief weight of evidence on its side. In any case the family was of consequence as early as the thirteenth century, for the name of Maurice de Arncaple appears on the Ragman Roll. Nisbet (vol. ii. appendix, p. 35) in his Historical and Critical Remarks on the Ragman Roll, states that MacAulay was not adopted as a surname till the time of James V. Alexander de Ardincaple, son of Aulay de Ardincaple, then adopted it as more suitable for the head of a clan than the feudal designation previously borne, of Ardincaple of that ilk.
Sir Aulay MacAulay, of the time of the battle of Glenfruin, died in December, 1617, and was succeeded by his cousin-german Alexander. This chief’s son, Walter, was twice sheriff of Dunbarton. The sheriff’s son, Aulay, MacAulay, though a member of the Episcopal Church, was by no means a Jacobite, but on the contrary, at the Revolution in 1689, raised a company of fencibles for the cause of William and Mary.
It was with this chief that the decline of the family began. He and his successors, as a result of their extravagant habits, were forced to part with one possession after another, till every acre of their once great territories was gone. Aulay MacAulay, twelfth and last chief, sold his roofless castle to John, fourth Duke of Argyll, and died a poor man about 1767.
Meanwhile, early in the eighteenth century, forced to migrate, probably, by the impoverished state of their chief, a number of MacAulays settled in Caithness and Sutherland, while others passed into Argyllshire, where some of their descendants were afterwards known by the name of MacPheideran. A number also migrated to Ireland, where their chief owned the estate of Glenarm in Antrim. Already, however, at an earlier date, another tribe of emigrants from Garelochside had moved farther afield. It was from this race that the chief distinction of the clan was afterwards to come. Settling at Uig, in the southwest of Lewis, they engaged in constant feuds with the Morrisons of Ness at the north end of the island. In the days of James VI., when the Fife Adventurers settled at Stornoway, in the first of those attempts to bring prosperity to the Lewis, of which the attempt of Lord Leverhulme is the latest example, an outstanding part in the strife that ensued was played by one of these MacAulays. This individual, known as Donald Cam, from his blindness in one eye, was renowned for his strength. His son, "the Man " or Tacksman, of Brenish, has had his feats commemorated in many songs and tales. His son again, Aulay MacAulay, was minister successively of Tiree and Coil and of Harris. Of the minister’s six sons, five were educated for the ministry and one for the Bar. One of these sons, Kenneth, minister of Ardnamurchan, wrote the History of St. Kilda, praised by Dr. Johnson. Another, the eldest, the Rev. John MacAulay, A.M., was minister of Inveraray, where he encountered Dr. Johnson, and afterwards of Cardross on the Clyde. He had three distinguished sons. One became a general in the East India Company’s service. Another, known by his literary works, was made vicar of Rothley by Thomas Babington, M.P., who had married his sister. A third, Zachary, became notable as a member of the Anti-Slavery Society, under its auspices became Governor of Sierra Leone, and had his efforts recognised by a monument in Westminster Abbey. Zachary married Selina Mills, the daughter of a Bristol bookseller, and their son was Thomas Babington, Lord MacAulay, M.P. for Edinburgh, author of Lays of Ancient Rome, The History of England, and some of the most brilliant essays in the English language.
Clan MacAulay claims descent from King Kenneth MacAlpin the 29th Dalriadic and the 41st Pictish King who ruled from 841 to 860 A.D.
As a Clan we were "Kings Men". At the Battle of Largs (1262).
We sheltered Wallace (Brave Heart) when the English occupation army chased him into Dumbartonshire.
We aided Robert the Bruce to escape to the West over the Gairloch to Argyll.
We were at Bannockburn (1314) under the Earl of Lennox.
The Battle of Flodden (1513) saw the death of our Chief and his two sons.
Our Chief signed the Bond to protect the infant King James VI.
Another Chief was in the Party that escorted James VI to London to claim the throne of England.
Source: http://www.highlandcathedral.org/armorial/macaulay.asp
We cannot access any oral History of the Lochbroom MacAulays and so are dependant on research from documents recording other Clans and events of that time. Particularly entwined with the MacAulay Saga is that of Clan MacKenzie of Kintail.
Lochbroom MacAulays would appear to be a Branch of Ardencaple MacAulays as the Island MacAulays were not structured as a Clan at that time, emerging much later.
There are claims that the Lewis MacAulays are of Norse origin based on Mac prefixing Olafr, or Olaf, Olay etc. and by a similar line of deduction claims are made that MacAulays of Lochbroom and Coigach are also Norse because of the proximity of Ullapool a Norse word meaning Olave’s steading.
Several factors mitigate against such a conclusion.
1) MacAulays of Lochbroom and Coigach had a land grant from King Alexander II, for faithful service to the King long before Lewis folklore starts the Lewis MacAulays about 1450 with Dugald ancestor of John Roy MacAulay.
2) Lochbroom and Coigach MacAulays were in the thick of the battle against King Haco the Norse King supporting Alexander III at the Battle of Largs, while the population of the Islands supported the Norse King.
The district known as North Argyle consisted chiefly of the possessions of the ancient monastery of Appercrossan, or Applecross, founded by Saint Maelrubha in 671. South Argyle extended from Loch Carron to the Firth of Clyde. The Composite, that is North and South Argyle were subjugated by Ferquhard in 1222 in a campaign known as the conquest of Argyll.
In 1267 William Earl of Ross attempted to seize “The Castle of Ellandonan”. His claim was refused by Kenneth MacKenzie of Kintail, who was joined by the MacIvers, MacAulays, MacBeolans and Clan Tarlich, the ancient Inhabitants of Kintail, in refusing to surrender, the Earl of Ross attacked the Kintail men and was defeated and driven back with great slaughter. Especially mentioned in the MacKenzie Saga were the brave MacAulays of Lochbroom.
On the 2nd October 1262 King Haco of Norway landed with a large force on the coast of Ayrshire where he was met by a gallant force of fifteen hundred Knights, splendidly mounted, many of them in full armour, accompanied by a numerous army of foot carrying spears, bows and arrows and other weapons of war. The whole force led by the King Alexander III in person.
In this memorable engagement we are told that the Scots commenced the attack. The right wing was composed of the Argyle, Lennox, Athole and Galloway men, who led the way with a furious onslaught which forced the Norse left-wing to give ground and swing to their centre where Alexander was in close combat with King Haco. The Norse King was in danger of being killed or captured so he broke off the combat and retreated and so began the rout of his army. They lost somewhere about twenty thousand on the field and many on the longships which floundered in the coming storm.
PTO
There can be no doubt that the Lochbroom and Coigach MacAulays were in the thick of the battle as were the Ardencaple MacAulays who had as added desire for revenge on the Norse raiders who had savagely attacked their Clan Lands.
After the battle Alexander III of Scotland and Magnus IV of Norway met, in consequence of which an entirely new organisation was introduced into the Hebrides. Then inhabited by a mixed race composed of surviving natives and of the descendants of successive immigrant colonists of Norwegians and Danes who had settled in the country.
Duncan MacAulay was a great friend and ally of Murchadh Dubh na h’uagh or Black Murdoch of the Caves from his way of life. Murdoch was very young when his father was executed at Inverness, by the Earl of Ross. Duncan MacAulay who then owned the district of Lochbroom, had charge of Ellandonnan Castle.
The Earl of Ross was determined to execute Murdoch as he had done his father, and MacAulay, becoming apprehensive as to his safety, sent him, then quite young, accompanied by his own son to the protection of a MacKenzie relative, MacDougall of Lorn. While there the Earl of Ross succeeded in capturing young MacAulay and in revenge for his father’s gallant defence of Ellandonnan during Kenneth MacKenzies’s absence, and more recently in thwarting his futile attempts to take the stronghold, he put young MacAulay to death.
Young Murdoch MacKenzie who bravely escaped with his life, left Lorn and sought the protection of his Uncle, MacLeod of Lewis. The murderer of young MacAulay was Leod MacGilleandrais, a depender of the Earl of Ross. He possessed himself of MacAulays lands, Lochbroom and Coigach, whereby that family ended.
After a period of silence when his enemies thought he had perished Murdoch of the Caves returned with two great MacLeod Galleys and a sufficiently large force to trick Leod and put him to flight. MacGilleanders and his party were overtaken at a place called to this day “Featha Leoid” or Leod’s Bog where they were all slain, except Leod’s son Paul who was taken prisoner but later released upon plighting his faith that he would never again trouble MacKenzie or resent against him his father’s death.
Black Murdoch of the Caves married the daughter of his loyal friend and guardian Duncan MacAulay, bringing into his possession Lochbroom, while he disposed of Coigach to his cousin MacLeod “for his notable assistance in his distress” which lands they both retained but could obtain no charter from the Earls of Ross pretending that they fell to themselves in default to male heirs, the other in retaining possession, in right of his wife as heir of line.
Through Duncan MacAulay’s daughter her son succeeded to the lands of Lochbroom and Coigach, granted to MacAulay’s predecessor by Alexander II. The name MacAulay disappeared by absorption into the new line, but far as I have been told still remain.
There can be no doubt that the MacAulays of Lochbroom and Coigach, by their staunch defence of Ellandonnan Castle against the Earl of Ross and by their subsequent support of Robert Bruce substantially influenced the course of Scottish History.
Some two hundred and fifty years ago the Ardencaple MacAulay's Chief died leaving the Clan Dormant. Since then the clan had remained without a chief and no prospect of finding one.
That is until 25th. April 1998 when lain MacMillan MacAulay M.B.E. commissioned Commander of the Honourable Clan called it to its first meeting in Perth. Twenty MacAulays stepped out of the past and with loyalty and hard work Clan MacAulay started the long journey back to rehabilitation.
30 May 2001 and the Honourable Clan MacAulay is on countdown to the first " Ad Hoc Derbhfine" in over two and a half centuries.
Some two hundred and fifty years ago their profligate Chief died leaving the Clan Dormant. Without an heir, landless and penniless, the Clan scattered around the world taking their Name and History with them. In the intervening years no direct descendant has come forward, and no Clan member had sought the responsibility of revitalizing the Clan restoring it to good heart and good fortune.
That is until 25th. April 1998 when lain MacMillan MacAulay M.B.E. commissioned Commander of the Honourable Clan called it to its first meeting in Perth. Twenty MacAulays stepped out of the past and with loyalty and hard work Clan MacAulay started the long journey back to rehabilitation.
The first Task was to search for a bloodline to the deceased Chief and to find the Undifferenced Arms, a formidable task after such a long silence. By writing, broadcasting and advertising, and by World travel and through the World Wide Web the search was on.
The Lord Lyon ruled that one Clan member who had long sought his bloodline back to the ancient Chief should be given a year and a day to prove his claim with a deadline of January 2001. The Clan honoured the agreement but the deadline came and went and after extensive genealogical research the claim was not substantiated.
The way was now clear to hold an " Ad Hoc Derbhfine". In this truly ancient patriarchal Celtic court tradition and democracy are united. The Elders of the Clan, Armigers and Landowners, are allowed to select one from their ranks to be presented to Lyon as their choice for Chiefship Through the Acclamation the Armigers and landowners are given a clear idea who the Clan favours and by Acclamation the Clan rallies to its Chief. This system has developed over centuries.
The Legal and Historical nuances of the Derbhfine could not overshadow a joyful occasion when Clan MacAulay retrieved the unity so long lost. The Ceremony was supervised by Charles Burnett, Ross Herald of Arms, representing the Lyon Court and ensuring the Laws of the Court are observed.
This took place on 3rd. August 2001 at Tulloch castle Dingwall Scotland when the Clan gathered from around the world to select and acclaim a Chief and had a wonderful time doing it!
Resplendent in his Heraldic Tabard and representing the Lord Lyon King of Arms, Mr Charles Bumett the Ross Herald at Arms, with three strikes of his black baton demanded silence as he called for the Ad Hoc Derbhfine there assembled to select a Chiefly candidate.
The MacAulays there gathered fell silent, sturdy men in kilts and women wearing tartan sashes. They are, it is said, the progeny of Kenneth McAIpin, King of Scots from 800-830.
An Ad hoc Derbhfine occurs only a few time in a century and is an ancient Celtic Court summoned by the Lord Lyon King at Arms who rules on matters of Heraldry and Clanship. In modem Scotland where the blood is strong and kinship is highly prized, the solemnity of the occasion was impressive.
There was one dissenting voice, lain Davidson MacAulay who had previously been given a year and a day to prove his claim to a blood line back to the last Chief who died 250 years previously. Having failed to prove his claim , he still opposed the choice as Chief of Sqn. Ldr lain MacMillan MacAulay, M.B.E. a former Japanese POW. who had devoted years of his life to searching for heirs of the last Chief and had recreated Clan MacAulay into this modem Clan now gathered from around the world to select a candidate.
Mr Davidson MacAulay was invited to address the Derbhfine and listened to in respectful silence. His claim that the silent majority might shudder at the prospect of a Chief being appointed without coming from the Chiefly line carried little weight after the Clan had waited 250 years for leadership and having received none were eager to revitalize Clan MacAulay around the World.
The Derbhfine Court voted and the votes were meticulously counted by the Ross Herald at Arms. The result was resounding in lain MacMillan MacAulay's favour -34 votes and 150 Acclamations-one abstention and one dissenting voice was raised.
The Ross herald announced: "let the World know...it is the unanimous decision of the Derbhfine Court that lain MacMillan MacAulay is the chiefly candidate. His name should go forward to the Lord Lyon King at Arms .
The Clan now awaits the Lord Lyon's approval but that did nothing to discourage the Celebration at Tulloch castle.
Let the world know that the Honorable clan MacAulay is gathered in this royal Burgh of Dingwall to bear witness at an Ad Hoc Derbhfine gathered to choose a Chiefly candidate for the said honorable clan. I, Ross Herald of Arms, am charged by thr Lord Lyon King of Arms to preside, observe and take note of the deliberations of the Derbhfine, and report in writing to the Lord Lyon any decision made by the Derbhfine.
With the indulgence of all present, I would like to briefly explain the background to what you are about to witness.
'Derbhfine' is a Gaelic word which translates as 'close family', that is family consisting of four generations. In the past if a succession dispute arose in Highland society, the close family would meet and collectively decide on the most appropriate person to suceed. Over the centuries the composition of a derbhfine has altered and today consists of a minimum of nine people who must be members of an organised clan and are either armigerous, that is entitled to bear a coat of arms, or a Scottish owner of Land outwith a Scottish burgh. The participants form what can be described as a clan parliament.
If a clan without a chief wishes a specific individual to be nominated as the chiefly candidate, then an Ad Hoc derbhfine is appointed through the agency of one of Her Majesty's Officers of Arms in Scotland, a vote is taken and the name is submitted to the Lord Lyon King of Arms, the chief judge of Heraldic succession in Scotland. After due deliberation, and one of the criteria is that the chiefly candidate must have lived in Scotland for at least three years, the Lord Lyon would grant the Chiefly arms to the candidate. Possession of these automatically makes the individual Chief of the Clan.
However, under Scots law, the new Chief can be challenged, within a period lasting twenty years by any claimant who feels and can prove a superior claim to the Chiefship.
And so this afternoon you have before you the Ad Hoc Derbhfine which will nominate a chiefly candidate for the Honorable Clan MacAulay.
Allow me to introduce them:
1. Miss Ann MacAulay, Landowner on Lewis
2. Mr. Francis MacAulay, Landowner in Moray
3. Mr Kenneth MacAulay, Landowner in Ross Shire
4. Mr Calum MacAulay, Landowner on Lewis
5. Mr Brian John Ballantyne MacAulay, Landowner in Stirlingshire
6. Mr Diarmid Ian MacAulay, Landowner in Sutherland
7. Miss Katherine Johnston MacAulay, Armiger
8. Robert William Home McCall, Armiger
9. Peter John Dundas McCall of Birkenshaw, Armiger
10. Alasdair Roy MacAulay, Armiger
11. Ian McMillan MacAulay, Armiger, Clan Commander
In due course I will invite them to nominate their candidate in writing. Before then, two clansmen have requested the opportunity to make personal statement to the Debhfine and the assembled company.
I call on Alasdair Roy MacAulay to make his statement.
I call on Ian Davidson McAulay to make his statement.
The Derbhfine and all present have heard the expressed opinions, and the Derbhfine will bear in mind what has been said when I now ask them to write down their nomination for the chiefly candidate.
To these nominations I will now add the postal nominations which have been sent to me.
It is the Unanimous decision of the Derbhfine that Ian McMillan MacAulay is their Chiefly candidate and that name should be forwarded to the Lord Lyon King of Arms to be recognised as Chief of the Honorable Clan MacAulay.
I will now ask all clan kin present to show by the raising of hands if you agree the choice of the Derbhfine.
Are there any who disagree?
Are there any who wish to abstain?
It is apparent that the democratic choice of the clan is that Commander Ian MacAulay, M.B.E. be the chiefly candidate and I call on him to speak to the clan.
With the power vested in me as Ross Herald of Arms I now declare that the Ad Hoc Derbhfine of the Honorable clan MacAulay has completed its business. Let the world know that Commander Ian McMillan MacAulay M.B.E. is th ecChiefly candidate!
Sir! (to Ross Herald)
Fellow Members of the Derbhine,
Fellow Members of Clan MacAulay!
“A chiefless clan, like an orphan family, is an imperfect group. Continuity under the bond of kin embodied in the perpetuation of the parental tie is the whole basis of the clan concept. A clan without an hereditary chief is a sorry organisation, alien to the whole idea of Celtic civilisation”….” The question of succession to chiefship of, and chieftaincy in, clans, is therefore necessarily of the utmost importance and widest interest to Scotsmen.”
I quote from “Clans, Septs and Regiments of the Scottish Highlands” by Frank Adam and revised by Sir Thomas Innes of Learney.
Today marks a watershed in the fortunes of our Clan for we have endured some 250 years without a leader, without a rallying point, without a way to gather, without that which no clan is a clan; a Chief!
It is important to remember that our Clan has resurrected itself. It is a Movement, carried by the will of the members of the Clan, you and I my friends, to find one another, to join in kinship and friendship with one another, and it is focussed around one man, the man who has led us to this historic moment, the man whom we propose to present to Lyon as our Candidate, the man we want to be our Chief.
But before we reach this point there are a number of very serious questions to be answered because the proceedings of this ad hoc Derbhine will be weighed carefully in a Scottish Court of Law where the Rules of Evidence pertain and whose Judge, the Lord Lyon King of Arms, in his capacity both Ministerial and Judicial will decide if our petition is acceptable and legally sound.
The last Chief of our Clan died in the unhappiest of circumstances. Destitute but for the help of a very few loyal friends, his possessions and land sold to meet his debts. Debts that he inherited, and could not escape. In fairness too I should say that the popular belief in the wastrel nature of our late Chiefs does not stand up to investigation, and further research will reveal a more honourable picture. Nonetheless, without having nominated, and I quote Adam again “as was his chiefly duty to do” a Tanist, meaning his successor. A ruin so complete that the once distinguished House of Ardencaple, the Chiefship of Clan MacAulay and with it the Undifferenced Arms fell into Dormancy.
This, from this distance in time might lead us to suppose that the matter rests there and that as no person has come forward with a claim through inheritance to the Undifferenced Arms before the deadline set by Lyon, the 1st of January, 2001, then the old Chiefly line is indeed extinct. However, for the sake of clarity, now and in the future, I would like go deeper into the subject.
Common sense tells us that our last Chief, although he died without issue, need not have died without suitable heirs, and that an ancient lineage must produce, in the hundreds of years of it’s existence, many Cadets and collateral lineages, of brothers and sisters, of uncles, aunts and cousins. This is indeed the case with Ardencaple, and much research has been done to establish family trees and to try to find living descendants. There are however a number of difficulties involved.
In the case of there being no heir apparentor Tanist, then a clan, through it’s senior officers must seek a suitable successor who must be asked whether they are entitled to the honour and whether they are willing to accept it. Such a person must rematriculate the Undifferenced Arms within a reasonable time.
I quote Adam once more, ”immediate rematriculation…is technically requisite in every case” To quote Lord Lyon, Innes of Learney as to what might then be a reasonable time, in the case of MacNab as recorded in the Lyon Court Reports , 1957,” who did not then, and have not since, and the Interval would have been a markedly long one (from 1894 to 1954- 60 years) taken on the name……, which according to Sir Aeneas MacPherson, the heir-male must do within “due time” failing which the Chiefship passes to the next heir-male”. Clearly 250 years is not a reasonable time. Further, in the case of non acceptance the principle of non apparentibus non existentibus applies(113) That is in plain English, who does not appear does not exist.
For whatever reason, and we can only speculate on this, neither Ardencaple, nor any other member of his immediate family, nor indeed any member of the Clan registered or matriculated Arms in 1678 when they, and all Armigers in Scotland, were required to do so by Act of Parliament. Nor was any tailzie or destination recorded in the name of MacAulay Neither then nor at any point between then and the demise of the Chiefly line. Indeed, up until the second half of the last century no clan member, let alone any person claiming direct descent, has approached Lyon with a petition to matriculate Arms.
This has the effect that such persons as might have been eligible are untraceable in the normal way. Further, on the death of the last Chief, no heir apparent, no tanist, no cadet, no armiger came forward, no effort was made to establish a successor and no ad hoc Derbhine was held which is necessary in the case of intestate succession, and no-one took on the name. This has left us with a situation where we can only say that this line is lost, for in not coming forward, for not matriculating in the intervening two and a half centuries, and not presenting themselves to Lyon before the first of this year, they, should such persons exist, have become invisible to the law; Non apparentibus, non existentibus. In this sense we can state that the chiefship is de jure vacant.
We know that the last Chiefs sister was married to Smollett of Bonhill and that Bonhill held much of the estates debts. Further, that an attempt was made by Bonhill to establish a line of succession in seventeen fourty two, some 20 years before the Chiefs death. We have the clear refusal of Alexander MacAulay of Dublin to preserve, quote “the Designation and Estate of my ancestors” to take over the honour and the debts, which would have placed him, as cadet to Ardencaple next in line. By doing so he became “conventionally dead”(186) in terms of succession to the undifferenced arms and therefore both he and his heirs are ineligible and cannot be considered by the Derbhine. In that we know that one cadet was approached we can infer that others were also approached. Further, Bonhill’s wife was herself capable of matriculating the undifferenced arms, for in Scotland females may also inherit. In such cases, to avoid confusion, the husband of the heretrix is expected, within a reasonable time, to take on the name. (184) This did not take place. Therefore we must conclude that they rejected the honour and they and their heirs are also in this sense, “conventionally dead”. And in this sense we can state that the chiefship is, de facto, vacant.
It is important today that we consider these facts carefully. We must, with a clear conscience be able to state that, to the utmost of our knowledge, the now dormant line of Ardencaple is utterly lost, that it is indeed extinct. I think we can in all fairness do this. Then we may proceed to nominate from amongst ourselves that person whom we hold most suitable to be presented as our candidate, to Lyon. I have put forward arguments which I believe clearly prove that on the death of the last Chief all those who were in a position to take on the responsibility were fully aware and fully informed, and chose not to do so and that this is and was an abdication, not only of responsibility, but an abdication with definite legal consequences in relation to the Chiefship of our Clan. To quote Sir George MacKenzie, “Chief succeeds Chief in his hereditary honours as they would succeed to a crown” (154)
Some persons hold that we are over eager to settle the dormancy and present a candidate to Lyon as suitable to be the "representer of our community” and I will now address myself, also on behalf of the Derbhine, to these persons by quoting from “Clans, Septs and Regiments” again. (158) “Chiefship of an honourable community is….a title and dignity….held of the Crown, and anyone who “challenges forth any name of tytle or honour or dignitie” (Nisbet) must justify the same by the Law of Arms……and Lyon, in 1672 held that an “assumption of chiefship without his permission was unlawful”. Further “no-one is entitled to attack a Right of Arms he does not himself claim” (580) Persons who may feel entitled to the undifferenced arms after this ad hoc Derbhine should, amongst other things, consider this, and persons who diffusely support unmade claims should do their homework.
The rules governing succession are clear and were not followed. The path was open and they chose not to take it. Once again to quote Sir Thomas Innes of Learney, ” the cataclysm that befalls any clan or family when it’s Chiefship falls dormant should be so far as possible avoided by the ancient machinery, which has come down in Lyon Court and Office for preserving these important social institutions”. It is the intention and in the spirit of the law that dormancy should not continue indefinitely, and that is why we are here today. Therefore the Undifferenced Arms should formally return from whence they came, to the Crown, and be at the disposal of the Sovereigns Supreme Officer of Honour, The Lord Lyon King of Arms.
Thank you, Sir (Ross Herald)
Thank you for your patient attention.
I would like to thank Charles Bumett, the Ross Herald for the invitation to make this submission to the derbhfine to day. I am more than delighted to have the opportunity to present my views to the derbhfine and to all MacAulays present on this most special and unique occasion. My name Is lain Davidson McAulay and I was born In Helensburgh on 9th January 1943, I represent McAulays within my family scattered from Vancouver Island In Canada, London, Stockport, Llandudno and Chester. I am also Heritage of the Honorable Clan MacAulay Association. Having engaged a number of genealogists to investigate my own family's history I am advised that my family would be entitled to claim a coat of arms in my own right which would show my family lineage and Indeed that I have a passionate interest in ail things MacAulay. Which I have, or I would not be standing here to day!
I continue to enjoy researching the Clan history and my family history in the area of Helensburgh Dumbarton and the Vale of Leven with the assistance of two expert genealogists. I have been able to trace my family back some 220 years but there is as always more to be done. I was born close to Ardencaple Castle our ancient home, and I lived for many years beside the Castle. Our family watched with horror the demolition of a large proportion of the castle and the construction of the estate for the Royal Navy families.
I would like to make the following points: -
Firstly I would like to make it very dear I am not here to lay claim in any shape or form to the Chieftainship of the Clan. I have no direct traceable bloodline to our ancestors and therefore can lay no claim to the Chieftainship of the Honourable Clan MacAulay.
My second point is that I would also like to make it absolutely crystal dear that I have no intention whatsoever to disrupt the formation of the Clan. What is of paramount Importance is the continuation of the building of the Clan. However I do not believe that the formation of the Clan will in any way be jeopardized if we do not have a Clan Chief. The very tact that the Honorably Clan MacAulay has a strong membership both here and throughout the world and has been able to attract such a membership within the existing structure of the Clan being led by the post of Commander, very clearly demonstrates this fact.
Point Three. I would also like to bring to the derbhine's attention the original Petition for the appointment of the Commander of the Clan MacAulay ad interim dated 17 May 1997,1 quote paragraph 7: -
" That in these circumstances the Petitioner is desirous of being appointed by Your Lordship to be Ceann-cath or Commander of the Honourable Clan MacAulay ad interim for a period of five years and for such further period or periods as Your Lordship might thereafter authorise in writing, in order to organise the Clan to search for the heir of the last Chief and to establish a derbhfine which might meet in due course to recommend to Your Lordship a suitable person to be appointed Ceann-cath or Commander of the Honourably Clan MacAulay in the event that the heir of the last Chief cannot be discovered.
The Lord Lyon requested me to consider withdrawing an objection I had to the Petition. And I did indeed withdraw the objection on the grounds that the Commander would as requested, and I quote: -
'for a period of 5 years with a specific purpose of organising the Clan to search for the heir of their last Chief, and if such cannot be found then (and only then) to seek to establish a derbhfine with a view to selecting a person to be submitted to Lyon as Commander of the Clan on a more permanent basis.
Note to be submitted to the Lyon as Commander of the Clan on a more permanent basis.
This paragraph is from the Lyons letter to me of 21st May 1997.
It was thus very dear that Lord Lyon considered that continuation of the role of Commander was the way forward and thus ft was on this understanding that I wrote to the Commander with a copy to Lord Lyon on 12th June 1997 and agreed to withdraw my objection.
Indeed at this point in time no such heir as come forward - or at least if a person has come forward I am not aware of the application. Thus, my first argument is that the Commander should continue as Commander of then Clan and continue the search for a MacAulay with a bloodline.
This very task was is, in fact, what was requested by the Commander himself on 17th May 1997 in his original Petition to the Court of the Lord Lyon.
However the world has moved on since 1997
Point Four- As the derbhfine is no doubt aware a Proposed Petition to the Lord Lyon was circulated to Association Members seeking signatures for support for Squadron Leader lain McMillan MacAulay to be appointed as Chiefly Candidate.
This Proposed Petition provided no alternative; there was no provision for potential dissenters. The option was only to sign. No provision was made for those who wanted to simply say no, as my family and many others did. Regardless of how many signatures are received no account is taken of dissenters of whom I believe there may well be a silent majority who simply will not vote for the appointment of a Clan Chief Candidate.
I presume that copies of this signed Proposed Petition will be presented to this derbhfine later in the proceedings this afternoon, however those who have not signed will not be recorded & indeed those who have will not be aware of the absence of a bloodline.
I requested on the 25th Feb 2001 to the Clan Organiser that an option be circulated to members to provide an alternative Petition to Association Clan Members. This alternative was to provide for those who agree that the appointment of Clan Commander should continue (as outlined in the initial Petition to the Lyon of May 1997) and a Clan Chiefly Candidate who of course has no direct lineage or bloodline whatsoever to the ancient and Honourably Clan MacAulay has no rightful place.
This proposal was considered at the Clan's Association Committee meeting on 10th March 2001, The Committee rejected this proposed Petition and I have accepted the decision of the Association Committee of which I am a member. I think however that the Court should be aware of this Petition.
Clearly such a structure is heavily biased.
My final point is to do with MacAulay's who are not here this afternoon. My Mother reached her 80th birthday earlier this year. We gathered the Clan for a celebration bringing family from alt parts of the UK & Canada. During the course of the event I circulated copies of the excellent work undertaken by the Edinburgh genealogist Alison Mowat which had established the family history back some 220 years.
I explained that we could not lay claim to the undifferenced arms and that I, personally had agreed with the then Lord Lyon Sir Malcolm Innes that after January 2001 I would have concluded my researches. However what I was unaware of, and neither were my family, until we read the letter from Alison Mowat - which informed us of the fact that John McMillan MacAulay 's Coat of Arms quote "does not go very far back and certainly not to any Chiefly line".
The younger family members asked why a Clan Chief should be considered for appointment if he had no Chiefly line? Especially now that the exponential growth of the World Wide Web, the dramatic rise in information available would surely greatly increase the chances of such a person coming forward? Surely they said quite the wrong time to appoint a Chief?
This comment made me feel, rightly or wrongly, you are to the judge, that many MacAulays, indeed the likelihood of a silent majority - certainly not represented here - would shudder at the proposal that a Chiefly candidate of our Honourable Clan should be appointed who has no chiefly line! More relevant is the fact that this lineage has not as far as < know been disclosed in documentation to kinsfolk or in the Proposed Petitions discussed earlier, seeking support for the appointment of the Commander to the Office of Chiefly Candidate.
This ad hoc derbhfine is a process of selection and not one of election. The selection of the Clan Commander will no doubt go forward to the Lord Lyon unopposed. Thus you may consider my words to-day to be pointless, however I believe I speak for the many MacAulays who share my concern that we are taking an erroneous step in appointing a Clan Chiefly candidate who has no blood line.
I put forward to this derbhfine that the Commander should be re-appointed & that a Clan Chief candidate decision should be set aside. Thank you for listening.
Today the Liveries of the Honourable Clan MacAulay fly at the masthead of this castle, and this Derbhfine was opened with the display of the Liveries carried by our Fear am Bratach, Brian MacAulay of Stirling. Both Standards are there as symbols of our resurgence as a Clan and are proof of the generosity of Brian MacAulay himself who has gifted the Flags to me and through me to the Clan. They are our Standards into the future and Brian is our Standard Bearer. To him we say Thank you. May they fly proudly far into the future.
The shape of the Clan is slowly emerging. It is self-creating. It is there because we MacAulays want it to be there. It is there because MacAulays in Scotland want it, because MacAulays in the United Kingdoms want it. Because American MacAulays want it, because Australian Canadian, New Zealand. South American, Nova Scotian and German MacAulays want it. You are the Clan. The Clan is you. I pray that we remain indivisible. The Colquehouns were our Hereditary enemies in the 16th and 17th. Centuries, the only threat to Clan MacAulay today would come from within the Clan and be instigated by a MacAulay.
From day one in Perth in 1998 the level of sustained loyalty has been wonderful. The demands of travelling time and expense placed on members of the Association of Clan MacAulay have been met loyally and unstintingly. Each one has given their time, talent, expertise and finances without question.
Stretch the demands on time, expense, and talent, around the world and we have a handsome bunch of Americans here today, all Bonnie Fichters. I understand that young Penny was in the Army too. They have come eagerly to Scotland as if they were coming home and we welcome them with open arms. For Wayne it is becoming home he has crossed the pond so often.
Wayne's Web has become a household word and is surfed eagerly by MacAulays round the World and by other dormant Clans seeking a route to revival. Bud Lush and Teena representing Canada are here today. After Teena's battle with ill health, we say welcome and best Wishes. Judy Allan was here from Australia last year and The MacAulay Clan in Australia sends their support. For the first time New Zealand is represented for we have Ruth Cooper and her Husband who have stimulated interest in The MacAulay Family on their beautiful Island. I hope you will take back a good report of us.
Now Clan Elders have assumed their role in the selection of a candidate for Chiefship. They represent Armigers and landowners in Scotland, and their decision will be backed up by Acclamation forms from around the World. Summoned by Charles Burnett, Ross Herald at Arms to this Derbhfine they have assumed their responsibilities and traveled here to make their choice, which is now recorded, and will progress to Lyon in due Course.
There are defining moments in all our lives. For me it was my release alive from Japanese Prisoner of War camp. Weighing about 57 Ibs. I was told I would be an invalid and infertile for the rest of my life. I met and married Nina and we had two sons increasing to four grandsons and our first great-grandson proving what a stubborn bunch we MacAulays are. Of all the Clans we are able to Pray "God make me right for I canna change my mind. The need to get the job done and leave the circumstances to the Deity is usually successful.
1 have dreamed of the revival of Clan MacAulay since I was a boy playing on the hillside above Dunoon in Argyllshire, Not Cowboys and Indians but Redcoats and Highlanders, where every bracken head chopped was the end of a hated invader. Since then I have put away childish things but the dream has never faded. It took a quantum leap towards reality when I was introduced to Hector of Lochbroom. As I shook his hand I said, " would you come with me to raise Clan MacAulay. He said "Yes" and the movement was born.
My vision for the Clan has always been that of a truly Celtic Clan rather than merely territorial groupings. Each group has its own History, its own triumphs and disasters before time and the Holocaust destroyed the Clan system and swept them all away, leaving a single rallying cry on the Wind, MacAulay gu Brath. MacAulay Forever. To each and every one of you I say "Thank You" and to the many who kept in touch by e-mail and snail mail I send my gratitude for their support and encouragement.
To the Ross Herald I pay my respects and offer my Thanks. You have guided us in the Paths of Protocol and Legality and gently directed some of our more outrageous dreams in more circumspect paths. I have no doubt we will return to you in the future for Guidance.
In the Past the Clan would have signaled their approval by brandishing their Broadswords and indulging in a lot of wild Gaelic outcry. Broadswords and outcry are prohibited in this confined space so we will retire and indulge in slightly more genteel celebrations to mark the occasion and cement family ties and loyalties. There we will raise our glasses and shout "MacAmhlaidh Gu Brath", MacAulay for Ever.
COURT OF THE LORD LYON
PETITION OF IAIN McMILLAN MacAULAY
This is a Petition by lain McMillan MacAulay for the grant of the undifferenced Arms of MacAulay and for recognition as chief of Clan MacAulay.
Background
The last known chief of Clan MacAulay was Aulay MacAulay who sold the MacAulay estate of Ardincaple in the late 18th century. A Clan Association was set up in Australia in 1982 and there are also Associations in USA and Canada.
Between 1991 and 1995 Archibald Craig MacAulay attempted to find genealogical proof to show that he was descended from MacAulay of Ardincaple. He died in 1995. The search was then continued by Iain McMillan MacAulay, his brother. Meantime lain Davidson McAulay had started research to find his own descent.
Iain McMillan MacAulay was granted Arms on 5th January 1994. On 5th November 1997 a Commission was granted appointing lain McMillan MacAulay as interim Commander of Clan MacAulay without limit of time. Iain Davidson McAulay confirmed that he had no objection to this appointment.
The Commander arranged for a Clan Constitution to be drawn up in 1998. In 1999 the Commander planned an ad hoc derbhfine with a view to nominating a person to be appointed as chief Iain Davidson McAulay objected and the derbhfine did not meet but the Lord Lyon gave lain Davidson McAulay until January 2001 to come forward with a claim. No claim has been put forward by Iain Davidson McAulay. Two other people have indicated that they might have a claim but neither of these has been pursued.
In 2001 an ad hoc derbhfine was convened by Ross Herald and was held in August 2001. No formal advertisement of the convening of the derbhfine was made and nor was this called for by Lyon. Based on information supplied by the Clan Association and after verifying the armigers from Lyon Office, Ross Herald wrote to 6 armigers and 10 landowners. Five of the landowners proved title by sending their title deeds. Three members could not attend and sent in postal votes. Two armigers, one being lain Davidson McAulay, asked for the right to make a statement at the derbhfine meeting. Ross Herald agreed to this but requested a sight of the statements in advance. The proceedings were conducted by Ross Herald in accordance with procedure agreed in advance with the Clan Association.
The decision of the derbhfine was to propose to Lyon that lain McMillan MacAulay should be appointed as chief. This Petition has been presented in implementation of the decision taken by the derbhfine.
The General Position
The Lord Lyon has had a rule of thumb, not applied in all cases, that 20 years should elapse before a Commander could be accepted as chief. The traditional procedure is that, where a clan finds itself with no identifiable chief either by descent or by tanistry, an ad hoc derbhfine convenes and proposes to Lyon that a particular person is accepted as chief. The derbhfine is very much a last resort and should not consider proposing a person for chief unless there is no real hope that a genealogically related descendant could ever be found. Historically the position has been that the derbhfine does not convene specifically for the purpose of selecting a chief It comes together without any preconceived plan in order to decide what to do.
The personal standing of an individual proposed by a derbhfine must be considered. Sir Aeneas Macpherson's "The Loyall Dissuasive" p.35 indicates that a person could not be accepted as a chief unless he came from noble stock. An ignoble community could elect whom it liked, but a clan would need to be led by a person with a genealogy of some length showing that his forebears were people of some standing in their community.
Issues arising in the present case
This is the first time that a proposal has come to Lyon from a derbhfine for a person to be appointed as chief where the person proposed has no genealogical link to the last known chief. No such case has come before Lyon so far as I am aware, since the present heraldic registration regime was established in 1672. There have been proposals from derbhfines for individuals with no proven genealogical pedigree to be appointed as Commander. And there have been derbhfine proposals for chief where the individual has a genealogical link to the last known chief but where the main line of descent has failed.
In deciding whether to grant the prayer of the present Petition, I have to consider the following factors:
(a) Is it appropriate to make the proposed appointment?
(b) Is the Petitioner the appropriate person to be appointed?
(c) Is it appropriate that an appointment should be as chief of all the Macaulays?
Whatever is decided in this case will have a bearing on many other clans and families where the search for a genealogically related chief proves inconclusive. I am aware of a number of clans where such research is being conducted. The decision in this case could open a door towards chiefship for many clans whose chiefship has remained dormant because of the impossibility of identifying a genealogically related chief.
What is Clan MacAulay?
During the period prior to the holding of the derbhfine meeting other possible claimants emerged which might have led to the establishment of a genealogical connection back to Aulay MacAulay of Ardincaple. There are three branches of MacAulay, Ardincaple, Lewis and Ireland. No claimants have come forward from either the Lewis or Ireland branches.
While there is a certain amount of historical information about the MacAulays of Ardincaple, there does not seem to be any evidence that they were connected at all with the Lewis MacAulays. Doubt surrounds the question of when the MacAulays first became associated with Ardincaple. To what extent the MacAulays either descended from the Earls of Lennox or were a cadet of Macgregor of Glenstray is also uncertain, as is the question of whether the MacAulays possessed Ardincaple from the sixteenth century or from considerably earlier. It is thought that the Irish branch descended from the Ardincaple family but little research has been done on the Irish MacAulays.
Whatever their origins, there does not seem to be any firm basis for considering the present Petition other than in the context of the Ardincaple MacAulays alone.
The position of other claimants
During the period up to 1999 three other claimants emerged. The most significant claim was from Iain Davidson McAulay. At the meeting of the derbhfine in August 2001 lain Davidson McAulay registered his opposition to the proposal of Iain McMillan MacAulay as nominee but he withdrew his opposition and the decision of the derbhfine was unanimous. The other claimants have dropped their claims but a further possible claimant has emerged since the derbhfine was held from a person who was not aware that the derbhfine meeting had taken place. This casts doubt on how widely known it was that the derbhfine was taking place, and whether the possibility of further claims has been exhausted.
The position of the Petitioner
Here we have the situation where the driving force has been the Petitioner himself. He applied for his own Arms, he gained support for the holding of a derbhfine and organised the meeting held in 1999. He applied to Lyon and was appointed Commander. He was encouraged by Lyon Innes of Edingight to revive the MacAulays and he has done that. He organised the Clan Association and secured approval for its constitution. It is doubtful if much would have happened without Iain McMillan MacAulay's actions.
The position of other clans
In other cases there has been a distinction between the members of the clan who have been working towards finding a chief and the person of the proposed chief himself In other meetings of derbhfines for chiefs there has been a candidate who had an imperfect blood?link and the derbhfine provided the authority of the clan for that person to be nominated. Here we have no blood?link and merely the derbhfine as authority.
There are many clans who have been engaged in research over their chief over lengthy periods. This search is a challenge and one which those engaged in it often find frustrating but which they also relish.
I have also to consider the position of other clans where it has been indicated that a 20?year period should elapse before a Commander is considered for chief. In this case a little over 4 years has elapsed between lain McMillan MacAulay's appointment as Commander and the convening of the derbhfine. If this Petition is granted it is likely that other clans where a 20?year period is running would seek to have this period disregarded.
A decision in favour of the Petitioner in this case could be interpreted as a signal that any clan who had no identifiable chief could come forward whenever they wanted with a nominee, whereas a clan with a doubtful claimant would have to wait 20 years. I have concluded that, whatever is decided in this case, it will be helpful to lay down guidelines for the future so that everyone can be clear as to the procedure and timetable which I intend to follow in future.
The position of the MacAulays
For the reasons already stated as regards the three branches of the MacAulays, I am not prepared to recognise a chief of all the MacAulays. I have considered the Petition on the basis that the Petitioner might be recognised as Chief of the Name of MacAulay of Ardincaple.
A decision to recognise Iain McMillan MacAulay as chief would, for the Ardincaple MacAulays, mean that the search for a blood?link was considered by Lyon no longer necessary and would discourage any Ardincaple MacAulays so inclined from the challenge of further research. Admittedly there would be a 20?year period during which a challenge to the chief s appointment could be made. Thereafter Lyon's decision in this case would be protected both by the 20?year negative prescription in terms of the Prescription and Limitation (Scotland) Act 1973 and by the 20?year positive prescription provided by Scotland's heraldic law as described by Sir George Mackenzie (Works Vol II pages 582?3) and referred to in Angus Charles Macalister of Loup, Petitioner (Lyon Court records 1991, Vol 77/16). In any such challenge during the period of 20 years the onus would have shifted from a search leading towards the objective of finding a chief, to a challenge to an incumbent, implying an adversarial element which would not otherwise be present. And it would also have to be accepted that the chief would in the meantime be busy creating a presence and performing a function. Any challenge could be seen partly as a criticism of these activities. Mounting a challenge within the 20?year period would be a rather different proposition from researching a possible claim in the first instance.
If no appointment is made the reasons would need to be clear so that the clan would know whether an application would be considered at some later date and on what basis it might have some prospect of success.
Another factor to be considered is morale within the clan. The traditional role of the derbhfine was to rally the clan by trying to reach a consensus as to the way forward. If possible decisions should be unanimous at a derbhfine meeting as indeed they were in this case. Traditionally members of the derbhfine would see themselves as the senior members of the clan with a duty to know the feelings of the rank and file and to reach a decision which they would be satisfied would have the enthusiastic support of the clan generally. Lyon has to consider whether implementing the nomination of a derbhfine will cement the clan together or split it apart. One of the reasons for a lengthy delay before considering the question of a chief is that the elapse of time may help to bring the clan together or to flush out disagreements. A decision taken too soon might not allow this to become clear.
I have also to consider the longer term future. It is clear that the Petitioner is the driving force which has led to this Petition. He is an energetic and charming person and there is no doubting the sincerity of his desire to make the MacAulays a strong clan. But he is aged over 80. If he were appointed his elder son would, unless some other nomination were made, eventually succeed him as chief. The son is a crofter in Sutherland and the Petitioner has told me that he would carry on the good work. But I cannot be certain that he would do so with the same energy and enthusiasm. If he failed to do so the clan might feel let down that the decision to appoint his father had been taken too quickly. If Iain McMillan MacAulay died before any chief had been determined it is not certain that his son would necessarily emerge as the person proposed as chief
Conclusion
This Petition has highlighted the need to clarify how applications of this kind, and there are bound to be others, should be approached. I have therefore decided to issue guidelines which will operate in future. In particular these are intended to highlight two issues. The first is that I have decided that a 10 year period must elapse between the appointment of a Commander with no proven genealogical link to a past chief and a proposal that a person should be considered for chief. I am laying down this as a minimum period in order to allow sufficient time for a clan Commander to become well known, for efforts to rally a clan either to bear fruit or to fail to do so and for any opposition to the Commander's possible appointment as chief to emerge.
The second point is that the guidelines will provide a mechanism to ensure that the views of the members of a clan generally are made known not only to the derbhfine but also to Lyon in considering the derbhfine's proposal. Now that there are more and more clan associations and clan members in many parts of the world, I believe that the traditional mechanisms which have held good hitherto are no longer adequate to reflect the interest and enthusiasm of a worldwide diaspora. It is my hope that these new arrangements will provide a means of helping to harness this interest and enthusiasm for the benefit of Scotland's unique clan heritage.
Since I have decided that a 10 year period must elapse after the appointment of a Commander before a proposal for chief is considered, I will refuse this Petition.
Lord Lyon King of Arms
19 February 2002
From: The Aberdeen Press and Journal Saturday August 3rd 2002
Members of the MacAulay clan have established a democratic process for the election of their chief, which could be a blueprint for other disbanded clans.
The momentous decision was taken after a lively debate on the subject that the 2002 gathering of the MacAulay clans at Tulloch Castle Hotel in Dingwall yesterday afternoon.
Clan Secretary Hector MacAulay said the clan had disintegrated more than 200 years ago and many years of research had failed to trace the bloodline of its former chiefs.
The clan decided the way forward was to select a new chief and create a new blood line. It was decided that the clan commander, Ian McMillan MacAulay, who is in his early Eighties, should take on the role.
But Lord Lyon, Robin Blair, rejected his appointment to the chief ship.
Hector MacAulay said; "This was despite the fact that he had been commander for five years and the World wide clans supported him one hundred per cent."
The Lyon ruled that a clan commander with no proven blood link to a past chief must serve in that appointment for 10 years before being proposed for chiefship. The clan had been keen to unite the Macaulay clans of Lewis, Lochbroom and Ardencaple, near Helensburgh, but the Lord Lyon's ruling claimed that to recognise the chief of the Ardencaple MacAulays as clan chief would disenfranchised many members who originated from other branches.
Disappointed by this ruling, clan members decided to look for another way forward and they yesterday considered a resolution to confirm Ian McMillan Macaulay as clan chief and put in place a democratic process whereby the chief would be elected by all clan members for a period of five years.
This was passed by members, and Ian MacMillan MacAulay will be their chief for the next four years because he was elected last year. There will then be an election if anyone wishes to stand against him. If not, he will be automatically re-elected.
The resolution also said that the chief should be resident in Scotland, but this was not agreed upon.
Hector MacAulay said that, although clan members overseas were keen that the clan should have its roots in Scotland, with the chief resident in the country, there was a strong feeling that there were clan members in other parts of the world who would make very good chiefs. A further resolution, put forward by the Association in Australia, was to maintain the status quo and wait another five years for the Lord Lyon's approval of Ian McMillan Macaulay, of Drumbeg, as chief. Hector MacAulay said this resolution had been decisively defeated.
He said the situation had been closely watched by a number of other disbanded clans, which are beginning to resurrect themselves. "There is a lot of interest from abroad in resurrecting these clans and they don't know how to elect a chief, so we are trying to lead the way. This is probably the first time that the clan has set up the democratic process to elect its chief in this way and it could be the way forward for other clans," he said.