Seven Centuries of Chiefs

The interruption of our Chiefship is actually a fairly recent occurrence. Clan tradition and the historical record present us with an apparently unbroken line of MacGillivray chiefs stretching over nearly 700 years, from the late 13th century up to the middle of the 20th, when the present vacancy began. (See Chiefly Genealogy Chart)

Neil John, 12th of Dunmaglass,
of the Dalcrombie line.

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The earliest "chiefly" figure on record, and the apparent progenitor of the Clan, is one "Gilbrai," or Gillivray, whom Mackintosh chronicles relate "betook himself and his posterity under the wings and tutelage of Ferquhard" (5th Chief of the Mackintoshes) sometime in the late 13th century, thus beginning the fruitful and longstanding alliance between these two clans. MacGillivray chiefs emerge into what could be called verifiable history (i.e., supported by independent records) during the 1500s, when they began to acquire rights to the Dunmaglass estate in Stratherrick, which became the duthus, or seat, of the chiefs and remained so for thirteen generations.
It is not quite correct, though, to imply that there have never been interruptions, even momentary ones, in the chiefly succession. Earlier ones may have occurred that do not show up in surviving records. But there is one in particular about which we certainly do know. It occurred in the 1850s. John Lachlan MacGillivray, 10th Laird of Dunmaglass, was Chief at the time. He was the picture of the prosperous Highland laird, well endowed with extensive country properties and wealth. But he had no children and died in 1852 leaving no destination in his will for either his property or the Chiefship.
This gave rise in the years just after to fiercely contested litigations by several claimants. At stake were most of John Lachlan's extensive properties and, in the case of Dunmaglass, by custom, the Chiefship as well. The principal claimants, that is, those claiming the properties that included Dunmaglass, were the Hon. John MacGillivray of Canada, a descendant of Donald of Dalcrombie (d. 1746) who was a cousin of the Chiefs of his time, and the Rev. Lachlan MacGillivray of Australia, representing the MacGillivrays of Daviot. In 1857 the court ruled in favour of Hon. John's line as senior to Rev. Lachlan's. John had died two years earlier, so the estates and the Chiefship came to his son, Neil John, and the Dalcrombie line was established as the new chiefly one. (See Chiefly Genealogy Chart)

John William, 13th
and last Laird of Dunmaglass.

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The Dalcrombie line gave us just two more chiefs before it too expired. Neil John's son, John William inherited the Chiefship and what was left of the estates--Dunmaglass and adjacent Easter Aberchalder--in 1886. But mounting debt forced him to sell all of it in 1890. John William himself died destitute and childless in London in 1914, far from the land of his ancestors and their long and proud heritage. He was the last of a long line of MacGillivray chiefs holding their duthus at Dunmaglass, the prized heartland of the MacGillivray chiefs of Strathnairn.
Now divorced from attachment to the old Clan lands, the Chiefship itself passed nominally to a cousin of John William, John Farquhar MacGillivray, a tax official in Toronto, Canada. He was conscious of his status and legacy as Chief, but lived out his life in relative obscurity before he too died without direct heirs in 1942. Now the chiefly lineage itself had apparently come to an end. From that time to the present, no MacGillivray has succeeded in establishing a right to the Chiefship of the Clan.

Claimants

That is not to say, however, that none have tried to establish such rights, or at least to publicly claim them. By the mid-20th century, the world had been greatly transformed from that known by the chiefs of old. Culloden, the Clearances, repeal of hereditary jurisdictions, and government land reform schemes had left the ancient clan system and its deep ties to the land of the Highlands a mere memory, while everywhere clansfolk themselves had been dispersed to the four corners of the earth leaving the Highlands for the most part bereft of its indiginous population. But memory alone can still be a very powerful force, particularly when it is such a deep and abiding thing as it has always been to Highland folk. While no longer connected to the lands of its ancestors, the Clan now became, in effect, a great worldwide family. And for some, the memory of a long and proud Clan heritage only fairly recently torn from its hereditary moorings remained an active and compelling interest.
In Scotland as well a remnant of the old system governing tribal-feudal matters remained in the office of Lord Lyon King of Arms, an adjunct of the monarchy with its own court expressing legal jurisdiction over matters of rights to bear hereditary arms, titles and honours, including clan chiefship. In the 1950s and 60s Lord Lyon was asserting more active authority in these areas, resulting in the settlement at that time of several outstanding claims to clan chiefships.

Dr. Angus MacGillivray

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During the 1930s, apparently even before the death of John Farquhar of Toronto, a Scottish clansman made widely publicised claims on the Chiefship. This was Dr. Angus MacGillivray, an opthalmic surgeon in Dundee. His claim was based on his family's connection to the Lagg and Balnain townships on the Dunmaglass estate. His grandfather William was alive during the estate litigations of the 1850s, but, owing to the loss of family papers and prohibitive costs of entering the legal fray, was unable to assert his case at the time. Dr. Angus was the first MacGillivray of the 20th century to officially matriculate personal arms with Lord Lyon (see Early MacGillivray Arms), and these were based very closely on designs found on armorial gravestones that can still be seen at the burialground of the Strathnairn MacGillivrays at Dunlichity Church. (See Dunlichity) However, he was hampered by the same lack of documentation that faced his grandfather and thus was never able to satisfy Lord Lyon's stringent requirements for recognition as Chief. This did not stop him from pursuing an aggressive publicity campaign on his own behalf, and he went so far as to adopt the chiefly style of "MacGillivray of MacGillivray." Impressive as his efforts were, and interesting as his family's claimed connection may be, the Clan was still left without an authoritatively recognised hereditary leader.
Across the Atlantic in Canada, another clansman began in the 1940s and 50s to pursue a personal interest in the Clan which in time led to major accomplishments in preserving and illuminating its history and serious efforts to secure the Chiefship in his own name. His energetic exertions and achievements in a variety of Clan pursuits have probably secured him deserved status as the pre-eminent MacGillivray clansman of the latter 20th century.

Col. George B. Macgillivray,
Commander of the Clan
1989-1994

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After a distinguished wartime staff career and settling in as a newspaper publisher at Thunder Bay, in western Ontario, George B. Macgillivray began to pursue a deep personal interest in his own connection to the Clan. His genealogical research convinced him he was descended from Bean, a younger brother of Alexander, who was Chief c. 1650 - 1714. This was an interesting claim because the two elder siblings, between Bean and Alexander, were each ancestors of the two main contending parties in the 1850s litigations.
Like Dr. Angus, he began by matriculating personal arms with Lord Lyon, which were duly granted in 1947 (see Clan MacGillivray Armigers). His first formal Petition for recognition as Chief was submitted to Lord Lyon in 1953, leading to years of further research to bolster his claim. Meanwhile, both his personal interest in the Clan and the support it could give to his pending claim led him to other important projects. An obstacle to settling the Chiefship, which involves proving the right to bear the undifferenced arms of the Chief, was the fact that earlier MacGillivray chiefs had never registered their arms with Lord Lyon. Col. MacGillivray corrected this, using the designs found on the Dunlichity armorial gravestones as a model (see Arms of the Chief). He then restored and enlarged the MacGillivray burial enclosure at Dunlichity to include two past chiefs--John Lachlan and Neil John--and important cadet families. A handsome granite plaque carved with the newly granted Chiefly Arms was installed in the new enclosure. (See Dunlichity)
It seems likely that Col. Macgillivray's petition was quite close to being granted by the late 60s. But before that could happen Lord Lyon retired, and the petition had to be re-submitted to a new Lord Lyon. Progress on the Colonel's claim then appeared to become stalled. Another important project Col. Macgillivray pushed around this time was publishing and co-authoring, with Robert McGillivray of Edinburgh, the first comprehensive history of the Clan, A History of the Clan MacGillivray, in 1973.
By the mid-1980s, George was encouraged to submit a third Petition for the Chiefship, this time to yet another new Lord Lyon, Sir Malcolm Innes of Edingight. It would seem that a difficulty with his claim was that its connection to past chiefs came at such an early point, making it harder to acquire the kind of contemporaneous documentation and testimonial proofs that Lyon would need to make a confident grant. While keeping open the chance that further research would make a grant of Chiefship possible in time, Lord Lyon then took measures to provide at least temporary leadership for our Clan. He translated Col. Macgillivray's Petition for Chiefship to one for Commander of the Clan and granted him a commission as such on July 27, 1989.

The Clan under a Commander

Lord Lyon was invoking in this case a feature of traditional clan organisation that was used on rare occasions in times past. A Commander, or in Gaelic, Ceann Cath, meaning "War Leader," would be appointed by the Chief to substitute for him in leading the clan in battle, in the event the Chief was unable somehow to do so himself. In this case, and several other recent ones where a chiefship has gone vacant (e.g., Clan Gunn, Clan MacArther, etc.), Lord Lyon steps in on behalf of the absent Chief to appoint the Commander. The appointment is provisional, pending ultimate settlement of the chiefship, initially for a five-year term which may then be extended, and confers no personal heriditary rights. It does however convey to the appointee all the authority of chiefship and most of its proprieties for the express purpose of rallying the leaderless clan and organising it on an interim basis.
As Commander, Col. Macgillivray acted quickly to appoint Clan Commissioners, or lieutenants, in the United Kingdom, Canada, Australia, the USA and the Netherlands, to assist him in rallying and organising the Clan on a worldwide basis. In 1992 an International Gathering of the Clan was held in Inverness, Scotland, organised and hosted by United Kingdom Clan Commissioner Mrs. Ishbel McGillivray-McGregor, which gave scores of MacGillivray clansfolk from across the world the chance to get to know the ancestral Clan country, and one another. The Gathering, together with the efforts of the Commissioners in their respective countries around the world and other initiatives of the Commander, began to give MacGillivray clansfolk worldwide renewed awareness of their ancient Clan and a glimpse of what chiefly leadership can mean to a Clan in modern times.
Most regrettably, George Macgillivray's long and active career as a champion for his Clan came to an end with his death on September 22, 1994. In the wake of this loss, his five appointed Commissioners around the world pledged to continue the work of rallying and organising the Clan. Nevertheless, after George Macgillivray's decisively important but all too brief five-year tenure as Commander, the Clan was again leaderless.

Where Do We Stand?

Clan MacGillivray continues to make strides on several important fronts:
In 1997 a Second International Gathering was held that brought yet more MacGillivrays to the land of their Highland heritage, and three permanent memorial plaques were dedicated there to past Clan leaders, including the late Commander. (See 2nd International Gathering)
The Commissioners are taking steps to pursue the re-publication of a comprehensive Clan History to replace the 1973 volume, A History of the Clan MacGillivray, which is now out of print.
History and genealogy research, both on individual families and more encompassing of the Clan at large, have seemed to take on new energy since the '97 Gathering, with promising results in some cases.
New Clan societies, already begun or in the process of forming, are now joining those in Australia and Canada which have been in operation for some years, creating a more complete organisational picture for the Clan worldwide. (See Clan MacGillivray International Association and Clan MacGillivray Society USA)
And, of course, over only the past year this website has become a powerful new electronic meeting place for hundreds of clansfolk in every part of the world --a place where the phrase "worldwide family" truly takes on new and deeper meaning.

These endeavors have brought continuing progress in the Clan's self-awareness and ability to function on its own behalf. However, none of them in themselves directly addresses the paramount problem of the Clan today --to find a new Chief. There are in fact several possible ways in which this problem may come to be solved. Roughly in order of preference, they are as follows:

1.) An individual clansman takes the initiative to file Petition directly to Lord Lyon in his own behalf to be recognised as Chief, with sufficient and strong enough evidentiary proofs for Lyon to confidently make an outright grant. This will probably require a clear link to more recent generations of past chiefs. Needless to say, more than one clansman may do this and, while proof that male heirs are completely absent would be required first, it is not impossible for a clanswoman to claim the Chiefship as well.

2.) The derbh fine of the Clan, that is, those clansfolk who have personal arms recorded in Scotland or own country property in Scotland, convenes to nominate a new Commander of the Clan to Lord Lyon. The nominee would have to be himself a member of the derbh fine and a resident citizen of Scotland. He may himself be a claimant to the Chiefship, or might not be, as long as there is sufficient support for his nomination on the derbh fine, and perhaps in the Clan at large, for Lyon to justify the appointment. A new Commander would again provide interim chiefly leadership for the Clan, while the matter of claims to Chiefship by descent from past chiefs continues to be sorted out.

3.) As a last resort, Lyon might be persuaded to name a new Chief who cannot conclusively prove descent from past chiefs. This could establish an entirely new hereditary line of Chiefs. Even if it is possible, this is hard to picture and some challenging prerequisites would need to be overcome. There would certainly need to be exhaustive research done to prove all possible lines of descent from past chiefs are likely extinct --very difficult to prove a negative point such as this when so many possibilities may exist. The candidate himself would need to command considerable stature in the Clan in his own right and demonstrate broadbased support within it. And it is hard to believe such a person could fill the role of "representer" without at least a glancing genealogical link to the historic and traditional chiefs of old. So, this option is a longshot, but perhaps not completely impossible.

What Can Be Done?

Of the options listed above, the first will always be the preferred and most direct one. Scottish residence and citizenship is not required, as long as the claimant's genealogical proofs bear out. Once a Petition is filed, the matter is strictly one of proof between the claimant and Lord Lyon. But it does require an individual clansman conscious of his possible right and confident enough of proving it to take on the often arduous legal task and expense entailed. Both Dr. Angus MacGillivray and Col. George Macgillivray are examples of the energy and determination a Chiefly claimant must exert, yet in the end neither of these actually succeeded!
Are there such persons within the Clan today? If so, they have yet to assert themselves in the public scope. It must still be hoped that such person or persons will emerge in due course. But pinning our chances on this alone leaves the Clan at large in the feckless position of waiting helplessly for an unknown champion on a white horse to come to our rescue. There are, meanwhile, some things that the Clan can and should do to expand the options and improve the odds.

Research.It may well be that there are living clansfolk today who have a proveable genealogical link to past chiefs but are themselves unaware of it. By thorough research it may be possible for others to discern and clarify such links and reveal them to those concerned. Careful and determined research on the "ragged ends" of past chiefly lines is what is needed here. An example of this is the recent publication in the journal Clan Chattan of an article on the Daviot family and the Rev. Lachlan McGillivray, which was carefully researched by Robert McGillivray of Edinburgh with the aid of Australian Clan Commissioner Peter McGillivray. The subject bears on the Chiefship because of Lachlan's role as a competitor in the court suits for the estates in 1857. Lachlan lost his suit, and the article concludes that his line is now apparently exctinct. So, no leads here, but one possibility definitely eliminated. Much more of this will be needed to further clarify the larger questions.

Some questions that probably bear further looking into would include:
Is the Dalcrombie line (i.e., descendants of Hon. John, 11th of Dunmaglass) truly extinct now? Or might there be persons alive today who could claim a connection to it. If so, this would be the clearest, most direct means of restoring the lineal continuity of the Chiefship.
The litigations over the estates and Chiefship in the 1850s succeeded, only temporarily as it turned out, in restoring the Chiefship then. But they also caused a welter of controversy, which can be said to persist to the present. The lines of both the main claimants--Hon. John of Canada and Rev. Lachlan of Australia--may be extinct now. But what of those others who claimed properties other than Dunmaglass but probably still with family connections to the chiefs? There were several of these. Moreover, it was widely felt locally at the time that still others, like Dr. Angus' grandfather William of Balnain, who were unable to enter the litigations for one reason or other, actually had better rights than the litigants. There may well be profit in research that could unravel those knotty questions.
The late Commander, George B. Macgillivray, filed three Petitions for the Chiefship on evidence that, while failing outright endorsement by Lord Lyon, has never been categorically rejected. The late Commander's experience shows it will be a difficult task to make this claim successfully. But it cannot be utterly dismissed, should members of his family determine to further research and pursue their cause.

While only some are equipped to do such research, every clansperson can contribute. Whether you have suspicions of a chiefly connection or not, your family's story is part of the total picture. Every MacGillivray is strongly urged to submit their family history to the Clan Database project found on this website. It is only by putting as many pieces as possible together that the Clan's overall situation will become clearer.

Derbh fine.As was said earlier, there may well have been occasions in the Clan's distant past, even before the 1850s case, when there were lineal interruptions in the Chiefship. But when the clan system was the prevailing way of life in the Highlands there were traditional, but quite definite, ways for a clan to resolve such problems internally. Below the chief and his immediate family, the Clan was organised into ranks, called "fine," meaning "family." The topmost of these was the derbh fine (derv feen), defined then as comprising the nine heads of households closest in kinship to the Chief. If the Chief died without a clear lineal or nominated successor, this group could convene as a council and hash out which of their number was best qualified to keep the line going.
In today's somewhat different conditions, Lord Lyon has redefined the derbh fine rather more broadly. It now may include all clansfolk who are either Armigers --that is, have personal heraldic arms that are recorded in Scotland's Lyon Court Register-- or Landed Proprietors --those who own land of some extent in Scotland outside a city or town. As in the past, the derbh fine may today act in concert to resolve the Clan's leadership by nominating a Commander to Lord Lyon. Chiefship itself must still normally be determined by proof of chiefly descent which Lyon can accept. But even here, support from derbh fine for the claimant would no doubt be of some importance.
In 1989 there were only three armigers in the Clan, one of whom was an active claimant to the Chiefship. In those circumstances, Lyon took the initiative of commissioning a Commander on his own, without action by derbh fine. Today, without a pending claim before him, he probably has no basis for doing this. He must await either an individual's petition or the explicit nomination of derbh fine. So it is up to the Clan to put its own business in order--Lyon cannot do it for us.

Armigers.Since the Commander's appointment, he and one other armiger, Dr. Edwin MacGillavry of the Netherlands, have passed away. That leaves two others--Peter McGillivray, Clan Commissioner for Australia, and Robert McGillivray of Edinburgh, the Clan's Historian--as "original" armigers in their own right. (See Clan MacGillivray Armigers.) Of course, the senior heirs of our recently deceased armigers are now the presumptive owners of those arms. So these heirs are now also de facto members of the Clan's derbh fine.
Anyone who is Scottish-born or of Scottish descent can obtain a grant of personal arms from Lyon Court. Given the importance our derbh fine has in our Clan's present circumstances, it is especially encouraged that individual clansfolk seriously consider this. For those with an interest in their Clan and their own place in it, it is simply another logical step in preserving one's family history and heritage. Once acquired, the arms become a perpetual inheritance within the family for future generations. (See Acquiring Scottish Arms.)

Landed Proprietors.Any clansperson holding title to land in Scotland outside a city or town is automatically a "landed" member of the Clan's derbh fine. Examples at present would be Ronald MacGillivray, who has the Boleskine estate by Loch Ness, Donald Patterson MacGillivray of the Calrossie farm and his brother William at Glastullich farm, both in Easter Ross-shire, and Donald MacGillivray of Pennygown farm at Aros on the Isle of Mull. There may well be others unknown to us as yet, and Lord Lyon has suggested that a search be focussed on farmers of the name in Scotland, who may have freehold title to all or part of the lands they farm.
It is also to be encouraged that landed members of derbh fine follow through and take the necessary steps to acquire personal arms. Families of landed members of derbh fine may legitimately be considered "cadet" houses of today's Clan, and as such should be properly armigerous.

The traditional number of nine is the required quorum for the derbh fine to make a nomination to Lord Lyon. We are still shy of that, so it remains an important priority for the Clan to build its derbh fine and keep up the search to discover those who may be qualified. Derbh fine clansfolk themselves should cultivate a knowledge of the Clan's history and current issues, so that they may be prepared to act in the interests of our Clan when the time for this comes.

A Clan with a Quest

To solve this modern crisis of leadership, clansfolk at large must first become conscious of it and aware of the means at hand for dealing with it. We have much to do yet as a Clan to put our "houses" in order, as it were. The obstacles and prerequisites may seem daunting and insurmountable --but they are not. The gap since our last Chief was alive is only a bit more than 50 years, within the lifetimes of many of us. Vacant chiefships have been successfully restored after gaps as long as 200 or more years. Lord Lyon's requirements are not impediments, but rather the fortunate means by which authentic and credible hereditary leadership may be assured, now and for the future. The task of building and mobilising our derbh fine merely calls on us to resume some of the intrinsic form our Clan originally had, to the extent modern circumstances allow. It will make us a stronger, more authentic modern Clan.
Still, we must hope for a measure of good luck in the task ahead --that the 21st century may be a bit kinder to us than the 20th has been. If it is, we will surely see the day when there will be resounding pride, rather than bitter irony, in the stirring words of our Oran Mor . . .

"My love to the warlike race...
The race that will not wither, and has descended / Long from every side.
Excellent M'Gillivrays of the Doun, / Whom I shall ever hold in esteem."

Bruce P. McGillivray, FSA Scot
Clan MacGillivray U.S. Commissioner