Clan CrestThe Clan McLea/Livingstone Forum

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Title: Wikepedia Rewrite
Posted by: Young Bachuil
Date: 15 June 2006

I have completely rewritten the article http://en.wikipedia.org/wiki/Clan_MacLea and done a massive cut and paste job ov various sections with useful links.

I blatantly stole the Contents layout from the MacDougall Site and it could perhaps be better organised.

A major revision has been about the whole issuse as to whether we are a clan or not.  As some of you will know this really annoyed me, as the whole point of our recent matriculation was to get that sorted. It took many hundreds of hours work.

I hope that I have not upset Andrew or any other contributors with this rewrite and that it settles any misunderstandings about our status.

Regards

Niall 

****Here is a section****

The Livingstones of Bachuil have long been acknowledged as the Chiefs of the MacLeas - the Highland Livingstones but had never bothered to seek such recognition from the Lyon Court.

In Sir Ian Moncreiffe’s book Highland Clans he wrote “A small Highland clan in the Argyllshire district of Lorn and especially in Appin have long tended to English as ‘Livingstone’ their Gaelic name of Macleay, ie Mac Dhunnshleibhe or ‘Son of Dunsleve’. …… The present head of this sanctified clan is Alastair Livingstone of Bachuil…”Highland Clans Sir Ian Moncreiffe of that Ilk pp 104-105.

In the Case of Livingstone of Bachuil on 21st December 1950 (published in Scots Law Times, December 29 1951), the Lord Lyon King of Arms found in fact, inter alia: That the co-arb of a Celtic abbot was heir of the abbot in his ecclesiastical functions and abbatical mensal territory. 

His Lordship found in law.

    That the petitioner, as heritable Keeper of the Bachuil Mor, alias Bachuil Buidhe, viz. the pastoral staff of St Moluag, is co-arb of St Moluag.

    That as co-arb of St Moluag and heritable Keeper of the Bachuil Mor of St Moluag, the petitioner is Baron of the Bachuil in the Baronage of Argyll and the isles.
 

With the current revival in clan interest (much of it instigated by Rob Livingston, of Placerville, California) it was decided to seek to regularise the position. The situation was greatly complicated by the interchangeable use of Maclea and Livingstone. It was hoped that Lyon would use the two names on the basis that one was Gaelic, the other English. This wasn’t accepted. Therefore the Chief had to choose whether to use MacLea or Livingstone. The Livingstones of Bachuil have never claimed to be chiefs of the lowland Livingstons so clearly he could not seek recognition as Chief of the Name of Livingston.

Therefore recognition was saught for John who was the first McLea to use the alias Livingstone. (John M’lea was born at Bachuil in 1745, married in 1771 and had a son Coll in 1773. Yet when Coll’s birth was registered in the first extant volume of the Register of Births, etc. of Lismore in the years 1773 - 1775 John used the surname Livingstone of Bachuil and was recorded as the Baron of Bachuil.)

Yet to be recognised as Chief of the Name of McLea we would have required a change of name from Livingstone to McLea, in which case all McLeas who had followed their Chief's example and used Livingstone as the English form would be “disenfranchised” - they would not be able to matriculate arms based on these “Livingstone” arms.

Therefore, the Chief matriculated in the name Livingstone as Head of the highland Clan McLea.

Sir Crispin Agnew of Lochnaw Bt., Rothesay Herald is a leading expert on this subject and he wrote an article Clans, Families and Septs in 13th August 2001 where he stated: Sir George MacKenzie of Rosehaugh, the Lord Advocate (Attorney General) writing in 1680 said "By the term 'chief' we call the representative of the family from the word chef or head and in the Irish (Gaelic) with us the chief of the family is called the head of the clan. So it can be seen that all along the words chief or head and clan or family are interchangeable. See <7> MacKenzie of Rosehaugh is a Citable reference in a Scottish Court.

In 1951 the Lord Lyon had major reservations about some aspects of the case, in particular the relationship between the Coarbs of St Moluag and the Temporal Authorities. It was decided to address these issues at the same time as seeking recognition as Chief of the Clan MacLea. In the case of Livingstone of Bachuil 21 July 2003 (published 15 October 2004 in the Scots Law Times)

Livingstone of Bachuil petitioned the Lord Lyon for and in memory of his great great grandfather, for confirmation of his great great grandfather as Chief of the Clan McLea, recognition that he held two baronies, and a grant of arms suitable to the petitioner as chief of a West Highland clan with supporters. 

The Lord Lyon King of Arms held that:

1/ there was only one barony, namely the Barony of the Bachuil or Keepership of the Ancient Staff of St Moluag held by the Grace of God(pp12L-13A); 
2/ that as the barony of the Bachuill was not the equivalent of a feudal barony holding under the Crown, the petioner's great great grandfather was not entitled to supporters as of right, but the Lord Lyon would exercise his discretion to grant supporters in of the antiquity and the 1544 appointment(913C-F); 
that vair was the appropriate fur for the chapeau of a baront held by the grace of god (p13F-G); 
3/ that it was appropriate that the shield of arms should be quarterly in the form used by West Highland families (p 13J); 
4/ and a prayer granted in the terms of the decision.


The article goes on to publish this statement by the Lord Lyon

The Lord Lyon King of Arms (R O Blair) 
This is a petition by William Jervis Alastair Livingstone of Bachuil, Baron of the Bachuil, for and in memory of his great great grandfather John MacOnlea or Livingstone of Bachuil. The petitions seeks three things: firstly confirmation of John Livingstone of Bachuil's position as Chief of the Clan McLea, secondly recognition that he held two barony titles, and thirdly a grant of arms including supporters. 

...I am prepared to accept that John Livingstone (born 1773) can be recognised as Head of the Highland Clan Maclea. 

...It may be that at some time in the future more evidence may be found to support the theory of two distinct titles but, on the basis of the evidence now available, I am not prepared to accept that there is more than one single barony title. 

...In 1951 Lyon's view was that the land had no feudal superior as it was held by the grace of God. ....It is clear that the land holding was of great antiquity...On balance I have come to the conclusion that it was more likely than not that the holder osf this land would, at or before 1544, have been treated as equivalent to, rather than inferior to, feudal barons with a Crown grant. It follows that I believe that it is more likely than not that he would have been included in those called to Parliament.....In all the circumstances I will exercise my discretion and grant supporters in the very special circumstances of this case.... 

Lyon has awarded Livingstone of Bachuil these specific heraldic additaments for a chief:

1 a Standard which, as in the case of chiefs, is parted in two per fess 
2 a Pinsel which is given only to chiefs or very special chieftain-barons 
3 a Gold Buckle - Only full “three feather” chiefs have a gold buckle on their Pinsel 

** This Thread has ended - Please do NOT attempt to resurrect it! **

Replies

Title:Date:Posted By:
Wikepedia Rewrite15 June 2006Young Bachuil
   Wikipedia Rewrite15 June 2006Kyle MacLea
   Wikepedia Rewrite15 June 2006Andrew Lancaster
      Wikepedia Rewrite15 June 2006Young Bachuil
   Wikipedia Rewrite15 June 2006Kyle MacLea
      Wikipedia Rewrite16 June 2006Grant South
      Wikipedia Rewrite18 June 2006Young Bachuil
   Wikepedia Rewrite16 June 2006Andrew Lancaster
   Wikepedia Rewrite06 July 2006Bob Turcott
   Two Baronies24 July 2007David Wyse Livingston
      Two Baronies24 July 2007Donald (Livingstone) Clink

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