The progenitor of the Hunthill cadet was Sir George Rutherford of Chatto. Chatto and Hunthill are ancient estates quite near each other in Roxburghshire, Scotland. Hunthill is located very near Jedburgh just to the southeast of town and Chatto is located almost due east of Jedburgh near the Northumberland border. The family was later styled “of Hunthill” in the lifetime of Sir George’s son Robert. Sir George Rutherford of Chatto was the squire of Archibald Douglas, 4th Earl of Douglas.

Central to Rutherford genealogy in Scotland and to the Hunthill Rutherfords specifically is the family’s connection and descent from the powerful Black Douglases and their kin, the Glendonwyns. The Glendonwyns, today are called the Glendennings, and are direct descendants of "The Good Sir James" who carried the heart of Robert the Bruce to Spain where he was killed by the Moors. This is a long and colorful story which is the source of the various Douglas coats of arms which bear a human heart as a charge. The Rutherfords and Glendonwyns were the "scutifers' or squires to the Douglas family along with the Home and Hoppringle families. Sir Robert Rutherford’s wife, Margaret Glendonwyn, was the grand daughter of both Archibald Douglas, 4th Earl of Douglas and Margaret Stewart daughter of John Stewart, King Robert III of Scots.

Margaret Glendonwyn’s father was Sir Simon Glendonwyn of Glendonwyn and Parton (a 1455) who was married to Elizabeth Lindsay daughter of Alexander Lindsay, 2nd Earl of Crawford and Marjory (Margaret) of Dunbar a descendant of Gospatrick the great earl. Alexander Lindsay's aunt, Agnes Dunbar, was the wife of Sir James Douglas - 1st Lord of Dalkeith and as such was also the great great aunt of Sir Simon Glendonwyn. The Hunthill coat of arms carries a charge of three passion nails which came from the Douglas of Morton coat of arms. Margaret Glendonwyn, daughter of Sir Simon Glendonwyn married Sir Robert Rutherford of Chatto (a 1484, d before 05.1495) and acquired the land in Roxburghshire that is called Hunthill through marriage. Sir Robert Rutherford had confirmation of his late father's gift of Nether Chatto on November 21, 1429 from Archibald 4th Earl of Douglas, as "his dear esquire", with a Crown confirmation on March 25, 1439.

The Roxburghshire inventory of the Royal Commission on Ancient Monuments for Scotland includes (No.441) a late medieval carved stone panel built into the north-west wall of Hunthill House: "At top and sides there are little paterae; the upper corners contain rosettes and the lower ones sprays of foliage. The shield is charged: Within an orle, three Passion nails and in chief three martlets, for Rutherford of Hunthill and Chatto".

The Hunthill or Chatto cadet spells its name Rutherfoord and/or Rutherford. There are many junior lines from this family; Longnewton, Bankend, Littleheuch, Capehope, Ladfield, Knowsouth and Kidheugh. Some are possibly of Hunthill origin but are unproven at present. The Rutherford's have many descendants in America from the Nisbet-Crailing area; the Wigton-Walkers, the descendants of Thomas Rutherford of Paxtang, PA, the descendants of James Rutherford of Walker’s Creek, VA, the descendants of James Rutherford of Cub Creek, VA and the descendants of General Griffith Rutherford.

Arms of John Rutherford I of Hunthill [c. 1510 – 1577]

"Or, three passion nails within an orle gules, and in chief three martlets sable, beaked of the second."

Blazon’s translation = A red voided [empty] shield is placed upon a golden shield. At the top portion of the gold shield there are three black legless birds with red beaks. Hanging from the inside of the red shield are three triangular piles or nails.

Differenced with the cock [red rooster] of the Gordons of Huntly as a crest with tinctures [gold and red] and 3 piles in gold. The three piles, also known as passion-nails, refer to the three nails used to fasten Jesus to the cross and were taken from the arms of Douglas of Morton.

motto: "Provyd" - "God provides all that is needed"

Generation 1

- 1. Sir George Rutherford and Jonet Rutherfurd
(c.1380 - c.1428)

The Rutherford connection with the estate of Chatto began when, soon after Thomas Chatto's forfeiture in 1424, Archibald 4th Earl of Douglas gave George Rutherford charter of Nether Chatto, South Sharplaw, Eddyllcleuch and Hangandshaw (The Scots peerage. ed. Sir J.B. Paul, 9 vols. (1904-14)). as 'Georgius de Rutherfurde, scutifer' witnessed at Edinburgh shortly before February 29, 1413/4 a charter of Wedderburn by Archibald 4th Earl of Douglas (The register of the Great Seal of Scotland, ed. J .M. Thomson etc., 11 vols. (1882-1914) II N.189).

On July 7, 1414 George Rutherford signed another charter by the earl [Archibald Douglas] to Michael de Ramsay at Lochmaben Castle (Ibid II N.70).

Lochmaben Castle in Dumfries and Galloway was a Black Douglas stronghold. Because of its proximity to the border it was captured and recaptured on many occasions. Lochmaben was also the seat of the Bruce family and it is claimed that Robert the Bruce (King Robert I) was born there, a claim disputed on behalf of Turnberry Castle in Ayrshire. Lochmaben was granted royal castle status in 1455. Sir George Rutherford died before February 6, 1429/30, the date of an indenture between Jonet relict of George Rutherford of Chatto and Patrick son of Robert Lorraine lord of Homylknoll.

He died before February 6, 1429/30, the date of an indenture between Jonet relict of George Rutherford of Chatto and Patrick son of Robert Lorraine lord of Homylknoll.

Generation 2

--2. Robert Rutherford of Chatto
(c.1410 - 1490/5)

Robert acquired Hunthill by marriage had confirmation of his late father's gift of Nether Chatto November 21, 1429 from Archibald 4th Earl of Douglas, as his dear esquire, with Crown confirmation March 25, 1439 (Rutherford charters in the Register House, Edinburgh).

Robert leased from the Crown the Midstead of Windydoors (Wyndedurris) in Ettrick Forest. The Exchequer Rolls mention a contemporary Robert (KRD p. 146) with whom he has been confused though their children had different names, they held different properties, and whereas Robert of Chatto was always so described the other had no designation).

In September 1484 Windydoors was let to Robert and his son George. (The Exchequer rolls of Scotland, ed. J. Stuart etc., 23 vols. (1878-1908) IX, 609); the tack was renewed in 1486, 1488 and 1490 (The Exchequer rolls of Scotland, ed. J. Stuart etc., 23 vols. (1878-1908) IX, 619; X, 652, 680).

Robert probably died before March 4, 1491/2 when the lease was to George and his son William. (The Exchequer rolls of Scotland, ed. J. Stuart etc., 23 vols. (1878-1908) X, 738).

Robert Rutherford of Chatto died by May 1495.

Married Margaret daughter of Sir Simon Glendonwyn of that Ilk and his wife Elizabeth, d/o Alexander Lindsay Earl of Crawford,

Generation 3

---3. George Rutherford I of Hunthill
(c.1435 - 1495/6)

Unknown to Cockburn-Hood, George shared his father's lease of Windydoors until 1490, but in March 1492 the tack was to him and his son William. He had sasine in 1494 of Nether Chatto, Sharplaw, Edilliscleuch and Hangalldshaw. (The Exchequer rolls of Scotland, ed. J. Stuart etc., 23 vols. (1878-1908), X 769)

He was served heir to his father May 2, 1495, and had sasine of Scraisburgh and Hunthill October 9, 1495 (Rutherford charters in the Register House, Edinburgh).

Generation 4

----4. William Rutherford of Hunthill (c.1455-?1507) - also unknown to Cockburn-Hood as George's son was joint tenant of Windydoors in 1492 and had sasine of Nether Chatto and related properties in 1496 (ER X, 772). A letter of reversion in Thomas Rutherfurd’s of Edgerstons favour by William Rutherford of Chatto over the lands of Castlewoodfields in the barony of Hownam, dated at Hunthill July 11 that year is among the Edgerston papers,. No more is known of him except that he died before November 1507 when his son was served heir.

His known children were:

-----5. George Rutherford II, his heir

-----5. Archibald Rutherford, canon of Jedburgh, ancestor of Andrew first Baron Rutherford, Earl of Teviot, below. The tradition in his branch was merely that their ancestor was brother to a laird of Hunthill it is clear he was William's son, for the canon's son Professor John was born c.1515, not long after John Rutherford I of Hunthill who must have been the professor's first cousin.

'Sir Archibald Rutherford, canon' witnessed a Jedburgh sasine September 30, 1508 (Calendar of the Laing charters belonging to the University of Edinburgh, ed. J. Anderson (1899) N.267) and attested at Edinburgh May 18, 1516 a bond of manrent to Lord Home by the heads of the Edgerston, Hunthill and Hundalee families (Historical Manuscripts Commission, 7th Report MS 12, App VIII, 92). It is said that although a priest he married a daughter of Douglas of Bonjedward, and he had issue: 1. William of whom nothing is known may be the vicar of Greenlaw, Berwickshire., in Dec. 1542 (Scottish Record Society NS 3 citing Edgerston muniments) or perhaps the Commendator of St Mary's Isle 1566-87 and collector for Roxburgh, Selkirk and Peebles 1572 (p. 159).

The relationship between St. Andrews University and the Rutherfords is a long one. It is from the line of Archibald Rutherford that many St. Andrews professors and rectors of the name Rutherford descend, as well as, the Lords Rutherford of Hunthill and Teviot of a later period.

Remembering that Sir Nicholas de Rothirforde II was married to Marjorie de Lamington of the house of Lamington and kin to William Wallace’s wife. It’s interesting to note that William Lamberton of the same family was appointed Bishop of St Andrews by the Pope in 1298. He became the most powerful bishop of the wealthiest See in Scotland. In the absence of a Scottish king, he was appointed as principal guardian of the Kingdom of Scotland with responsibility for all of the crown castles in Scotland in 1299. It was William Lamberton who backed and financed William Wallace in his fight for Scottish independence against King Edward I of England. "The Clergy saved Scotland's freedom. When William Wallace was hung drawn and quartered, it was William Lamberton who as Bishop of St Andrews, crowned Robert the Bruce, King of Scotland.

Windydoors and the Parish of Wedale

The Priest of Wedale was once called Tosach and was connected with Saint Andrews, as were all the tribe of the good Duff, Thane of Fife. In the 13th century William Malvoisin, Bishop of St Andrews had acquired the estate of Stow in Wedale. The site of his manor house or “palace” was the subject of archaeological excavations in the 1980s and the results of that work have recently been published. The ruins of the Bishop’s House stand adjacent to the churchyard and represent building work of the 16th and 17th centuries. Of the medieval manor that occupied the site no trace survives above ground, although a boundary ditch was found that, with the Pennywhiggam Burn, probably marked the limits of the property. In the Borders even the great abbeys were torched on more than one occasion during the Anglo-Scottish wars, but the circumstances in which the Bishop’s Wedale properties were attacked in 1268 are rather unusual. This is because the Wars of Independence had not yet begun and the attack was organized by the neighboring Abbot of Melrose! So violent was the affair that one of the injured clerics actually died of his wounds and the Abbot was afterwards excommunicated for the outrage. St Andrews let the Stow manor to the 5th Lord Borthwick [a descendant of the Rutherford of Hunthill cadet] in the early 16th century and the structure that the visitor sees today is mainly the work of him and his successors. Among the excavators’ finds were a thimble and an extensive deposit of burnt barley, which lend some support to the tradition that the last tenant was a tailor and the house was gutted by fire – a sad outcome for a palace. (Proceedings of the Society of Antiquaries of Scotland Vol. 130 (2000), pages 677 - 704.)

However it was William Lamberton who rebuilt the "palace" or castle at St Andrews, and the fortified manor houses at Inchmurdo, Monimail, Dairsie, Torry, Muckhart , Kettins, Monymusk, Lynton, Lasswade, and Stow in Wedale. He died on May 20th 1328 and was buried on the north side of the high alter of his cathedral on 7th June 1328. (Bower, 1385-1449, Bk.6, c.43)

Generation 5

-----5. George Rutherford II of Hunthill
(c.1475 - 1522)

Cockburn-Hood called him 'John', he was served heir to his father in Nether Chatto on November 2, 1507 (Rutherford charters in the Register House, Edinburgh; Edgerston Charters).

He was probably the George who attested a Peeblesshire charter of David Lindsay in January 1508/9. (The register of the Great Seal of Scotland, ed. J .M. Thomson etc., 11 vols. (1882-1914) II N.3315)

He was probably the juror at a Douglas retour at Jedburgh in May 1509 (Historical Manuscripts Commission, 7th Report 7, 730).

David Lindsay was the nephew of Sir Simon Glendonwyn. David's parents Alexander Lindsay - 7th Earl of Crawford and Isobel Campbell. Alexander Lindsay was the brother of Sir Simon's wife; Elizabeth Lindsay.

Generation 6

------6. John Rutherford I of Hunthill
(c.1510-1577)

John Rutherford succeeded in 1529 as a minor. The Treasurer's accounts for 1530 mention a composition for his relief and marriage. (Accounts of the Lord High Treasurer of Scotland, ed. T . Dickson and Sir J.B. Paul, 13 vols. (1877-1978) V, 344).

On March 12, 1529/30 he was seised of Nether Chatto and other lands and four marklands of Scraisburgh that were in the king's hands since Martinmas. (The Exchequer rolls of Scotland, ed. J. Stuart etc., 23 vols. (1878-1908) XVI, 520).

The Littleheuch line of Capehope and Kirkraw derives its name from the word Littleheuch which is a a small glen with steep sides.

Generation 7

-------7. William Rutherford of Littleheuch
(c.1545 - c.1620)

William Rutherford was a person unknown to Cockburn-Hood, The Scots peerage thought he was John II's son, but the latter John's son William was a contemporary of William of Littleheuch's sons. John I had a second son William who under the 1560 pact with the Kers was to marry Haufie Ker or pay a penalty, and this must be the Littleheuch William; no other identity for him is tenable, and virtual proof is a reference in 1588 to 'the Lairde of Hunthill's brother' as a night raider waylaying the Morpeth post in England, which suits Littleheuch's behaviour. (Calendar of letters and papers relating to the Borders of England and Scotland, 2 vols. (1894-5) I, 319).

William had five sons:

--------8. Richard Rutherford of Littleheuch (c.1570-1634), portioner of Capehope, Sir Walter Scott's ancestor 'Dickon draw the sword', whom Cockburn-Hood mistook for the Jedburgh Provost who lived a generation before, was cited with his father over Border forays. As eldest son he appears in December 1596 among Teviotdale pledges to be handed over to Lord Willoughby (Calendar of letters and papers relating to the Borders of England and Scotland, 2 vols. (1894-5) vol. II, 230).

On December 6, 1599 Edward Stanhope, writing from York to the Earl of Essex, mentioned 'Richard Rotherford, a man of small living but of action, and cousin german to Earl Huntly. (Historical Manuscripts Commission, 7th Report - Hatfield VIII, 480).

The same relationship appears elsewhere when Richard and others were esteemed 'stirring men but of small things' (Historical Manuscripts Commission, 7th Report - IX, 17).

It is difficult to credit a close blood connection between Littleheuch's heir and his contemporary George Gordon, sixth Earl of Huntly (1562-1636), although we lack the name of Richard's mother. Nevertheless it is hard to see the point of a pretence when the English could ascertain the truth.

On March 14,1598/9, again called Huntly's cousin, Richard was one of the prisoners who escaped from a gallery window and leaped the walls of York Castle (Historical Manuscripts Commission, 7th Report IX, 107), but he was retaken (Calendar of letters and papers relating to the Borders of England and Scotland, 2 vols. (1894-5) vol. II, 592).

Richard was served heir to his father March 2,1623/4 (Retours Gen. 1117). After his early conduct it rings strange to find him elected in 1622 as chancellor of the sessions, on which he served again next year. (Register of the Privy Council of Scotland 1545-1691, 38 vols. in 3 series (1877).

In 1633, said Cockburn-Hood, he and his heir John gave consent to Hunthill's gift of sasine to Adam Rutherford of Chatto. It is said Richard died in 1634. (The Rutherfurds of that Ilk and their cadets (18841903), in parts: H - T. Cockburn-Hood; C - C.H.E. Carmichael; T - J. Tait; M - Miscellaneous contributions - H xlix; The Scots peerage. ed. Sir J.B. Paul, 9 vols. (1904-14)).

He married Lilias daughter of James Gladstanes of Cocklaw and that Ilk (The Rutherfurds of that Ilk and their cadets (1884-1903), in parts: H - T. Cockburn-Hood; C - C.H.E. Carmichael; T - J. Tait; M - Miscellaneous contributions - H xlviii also see chart)

Richard's son JOHN of Capehope (c.1605-?1679) m. (cont. Jan. 24, 1626/7; (The Rutherfurds of that Ilk and their cadets (1884-1903), see chart)

Eupham daughter of William Gledstanes

Richard's daughter Esther Rutherford m. Walter Gledstanes of the Flex (The Rutherfurds of that Ilk and their cadets (1884-1903), in parts: H - T. Cockburn-Hood; C - C.H.E. Carmichael; T - J. Tait; M - Miscellaneous contributions - H xlviii also see chart).

--------8. Andrew Rutherford [see below]

--------8. Adam Rutherford too was in the pistol fracas in 1601. Called of Littleheuch, bailie of Jed., in Sept. 1615 he witnessed Robert Rutherford of Edgerston's service as heir. He was at the horn in 1616 for debt and next Feb., still bailie, complained to the Council. (Register of the Privy Council of Scotland 1545-1691, 38 vols. in 3 series (1877)).

--------8. William Rutherford [see below]

--------8. George Rutherford was accused with his brother Andrew in 1589. Some of these brothers seem to be the men embroiled in 1596 in a feud with Mr Robert Rutherford of Castlewood whose family held land at 'lie Litle Hauch' (see p. 133 - KRD). Their connection is unknown, but despite Cockburn-Hood's conjecture Robert may have been of Hunthill stock.

Generation 8

--------8. Andrew Rutherford or William Rutherford of Nether Nisbet

The Dictionary of national Biography believed the Presbyterian leader Samuel Rutherford came from a Hunthill branch and noted that his secretary said 'he was a gentleman by extraction' and used the Hunthill coat of arms. He was born at Nisbet in Crailing where his father was a farmer or miller. (Fasti ecclesiae Scoticanae, new edn. (1915- ) VII)

Tait thought he was the son of either Andrew Rutherford in Nether Nisbet or William Rutherford there, both involved in a feud in 1596. (The Rutherfurds of that Ilk and their cadets (18841903), in parts: H - T. Cockburn-Hood; C - C.H.E. Carmichael; T - J. Tait; M - Miscellaneous contributions pp. 82, 107).

Andrew Rutherford, a persistent Border reiver. In the Warden's court at Alnwick in 1586 Thomas Carr of Felton said he took 4 oxen about midsummer 1585. (Calendar of State papers relating to Scotland and Mary, Queen of Scots 1547-1603, 13 vols. (1898-1969) VIII, 322). Other cases concerned stealing 28 oxen in Oct. 1587. (Calendar of letters and papers relating to the Borders of England and Scotland, 2 vols. (1894-5) I, 357)

Andrew Rutherford joined his brother George Rutherford in taking 14 oxen from Little Houghton in Sept. 1589. (Calendar of letters and papers relating to the Borders of England and Scotland, 2 vols. (1894-5) I, 363; Calendar of State papers relating to Scotland and Mary, Queen of Scots 1547-1603, 13 vols. (1898-1969) X, 153),

Andrew Rutherford was with his father and brother Richard raiding Horsley in 1590. (Calendar of letters and papers relating to the Borders of England and Scotland, 2 vols. (1894-5) I, 365).

As William's son and the Cock's tenant Andrew Rutherford was filed in a bill of Sir Henry Woodrington and to be charged by the Council in July 1590, and he was Hunthill's surety in Sept. 1591. (Register of the Privy Council of Scotland 1545-1691, 38 vols. in 3 series (1877).

Kenneth Rutherford Davis quotes Tait in his book "The Rutherfords in Britain - a history and guide" that William or his brother Andrew was Samuel Rutherford's father. Below I've recorded Samuel, George and James as the sons of William and/or Andrew Rutherford.

children:

---------9. Dr. Rev. Samuel Rutherford
"Father of the Presbyterian Church"
b. 1600 in Nether Nisbet, Roxburghshire
d. 3/29/1661 in Edinburgh, Scotland
m. [1] Euphemia Hamilton - 3 children
m. [2] Jane McMath - 6 children

---------9. Rev. George Rutherford
d. 1678 at Barbados, West Indies [unproven]
minister of Tongaland and Balnacross, Kirkcudsbright, Scotland
M.A. Edinburgh University in 1622 - schoolmaster in Kirkcudsbright in 1629

---------9. Captain James Rutherford [see below]

Generation 9

---------9. Captain James Rutherford
b. abt 1605 Nisbet, Roxburgshire, Scotland
d. bef. 9/3/1668
An officer in the Scots Brigade of the Dutch army at Utrecht, Holland
will: 3/9/1667-1668 Edinburgh
m. [1] Margaret Gladstaines/Gladstone 11/24/1639 Fort Crevecoeur, Netherlands

children:

----------10. Samuel Rutherford of County Monaghan, Ireland
----------10. John Rutherford of County Down, Ireland
----------10. Robert Rutherford of Orritor, County Tyrone, Ireland,
----------10. “Captian Rutherford” County Tyrone, Ireland

Capt. James Rutherford was a Scot who served in the Netherlands, a resident of Utrecht. James Rutherford was an officer in the Dutch service. It was he who twice conveyed an invitation to his brother, the Rev. Samuel Rutherford, to become a professor at Utrecht. The Dutch have records showing a Jheemes Rutherford marrying Maragreta Gledstein. The Hunthill Rutherfords intermarried frequently with the Gledstaines (Gladstones).

Jheemes Ridderfort of Scotland and Margariet Gleetseel had their banns published in 's-Hertogenbosch and Woudrichem in the Province of Noord-Brabant on 10/22/1639 and they were married in the Fort Crevecoeur near 's-Hertogenbosch on 11/24/1639. ["De huwelijkintekeningen van Schotse militairen in Nederland, 1574-1665" by Dr. Ir.J. Maclean, (De Walburg Pers, Zutphen 1976) - pages 165 and 320]

Captain James is found in the journal of Sir John Lauder of Fountainhall still in the Dutch Service. During the Anglo-French alliance against Spain, which was signed in March 1657, James served along side the French at the Siege of Gravelines where he lost his leg. John Lauder describes it as a “tree leg” and mentions the fact that his brother was also with him? Lauder also bought a book or collation from Captain James Rutherford and later bought a copy of “Lex Rex” written by James’ brother Rev. Samuel Rutherford.

Under the terms of the Anglo-French treaty, the English would join with France in her continuing war against Spain in Flanders. France would contribute an army of 20,000 men, England would contribute 6,000 troops and the English fleet in a campaign against the Flemish coastal fortresses of Gravelines, Dunkirk and Mardyck. It was agreed that Gravelines would be ceded to France, Dunkirk and Mardyck to England. Andrew Lord Rutherford, also of the Hunthill cadet, would be made Eral of Teviot by the recommendation of Louis XIV to Charles II for his successful sale of Dunkirk to the French several years later.

The will of James Rutherford 'residenter in Utrecht' is registered at the Edinburgh Commissary Court in 9/3/1668

James' sons who fought at the battle of Boyne received lands in Tyrone and Down counties, Ireland.

Generation 10

----------10. Rev. Samuel Rutherford of Ireland
b. ca 1659
Presbyterian minister
settled in County Monaghan

Rev. Samuel Rutherford was a Presbyterian minister whose dissenter doctrine disagreed with the "established church", i.e. the Church of England. In 1689 the Rev. Samuel Rutherford was banished from Scotland to Ireland where he settled in Monaghan County. ("A History of Congregations in the Presbyterian Church in Ireland 1610 - 1982" published by the Presbyterian Historical Society of Ireland - 1982)

Rev. Samuel Rutherford had three known sons and one daughter that came to America: James Rutherford Sr, Robert Rutherford Sr, John Rutherford [father of Gen. Griffith Rutherford] and Martha Sarah Rutherford.

Generation 11

-----------11. James Rutherford Sr.
m. [1] Mary

"Dr. Cadwalader conveyed the property [The Black Horse Tavern] on February 4, 1754, to James Rutherford, "yeoman" who in turn conveyed it to Robert Rutherford, his nephew, by deed dated July 27, 1759. The deed refers to the grantee as "tavern keeper". Robert Rutherford had been licensed to keep a tavern three years before." (Collections of New Jersey Historical Society)

------------12. James Rutherford Jr.
m. [1] Rosanna
resident of the Blunston Tract in Carlisle, PA and the Caldwell Settlement at Cub Creek, VA

------------12. Samuel Rutherford Sr.
burial: 10/21/1767, Trenton, New Jersey
m. [1] Mary

Samuel was commissioned as an ensign in 1762 with the 15th Regt. of Foot in America (Army List 1765) and later Capt., settled at Trenton, New Jersey, where he was bur. Oct. 21, 1767.

He was survived by his wife Mary and had a son: Samuel Rutherford

Samuel Rutherford, was a captain in his Majesty's 15th Regiment. He lived in Hunterdon County, New Jersey, at Trenton. His father James Rutherford Sr. "the yeoman" also owned a house in Trenton, as well as, across the river at Philadelphia. His death record was recorded in the Register of St. Mary's Church in Burlington, New Jersey, and he was buried at Trenton. Samuel Rutherford, Jr., died testate. His will, dated 24 August 1767 was proved 24 October 1767 in Hunterdon County, New Jersey. He willed his real and personal estate to his wife, Mary, and named her executrix. To his son, Samuel, he devised all his military arms and musical instruments.

We have a copy of Samuel's signature on the cover of his military manual. He spelled his name 'Rutherfoord', the standard spelling at that time for the Hunthill cadet. The manual is called Humphrey Bland's “A Treatise of Military Discipline”. It was the officer's guide book for much of the 18th century. It explains everything from the motions for the manual of arms, setting up a camp in the field, the posting of guards, etc. The title page states it was the 5th edition (1743) published in Dublin, Ireland. This edition was owned by Lt. Samuel Rutherford who was an officer in Major General Jeffery Amherst's 15th Regiment of Foot. Rutherford was with Wolfe on the Quebec expedition in 1759, was wounded in a skirmish, and sent "home" to New Jersey to recover from his wounds after the fateful battle of September 13th.

"Mary Rutherford Poynton of Trenton, the daughter of Elisha Beadles and his wife Mary, who married as her first husband Samuel Rutherford, son of James and Mary Rutherford of Trenton, is a conspicuous example in point [in that she was a loyalist]. She had married in 1772 as her second husband Major Brereton Poynton, an officer in the British army who had served against the French in Canada. Their marriage is recorded in the Parish Register of St. Michael's Church, September 22, 1772. Subsequently Major Poynton served in the West Indies, but returned to Trenton in 1774, going back to join his command there, however, before the war in America broke out. His wife was told that if she wrote to her husband and persuaded him to join the American army he would be made a Brigadier General. He seems not to have served on either side. Mary Poynton owned much property in Trenton, including a house opposite St. Michael's Church." (Collections of New Jersey Historical Society, Vol. X, pp. 173-4.)

"Her mother married for her second husband Elijah Bond, whom his step-daughter describes as "a great Rebel and a great enemy to her." According to Daniel Coxe, Mary Poynton "rather spoke her mind too plain." In her Memorial of April 8, 1789, she states that a separation was about to take place between her husband and herself. The Poyntons were allowed by the British government £775 for their claim of £1,764 6s." (Collections of New Jersey Historical Society, Vol. X, pp. 173-4.)

note: there is some confusion about Samuel's name owing to the fact that WKR in "Genealogical History of the Rutherford Family" mistakenly refers to Samuel as "Junior" because of his false assumption that Samuel is the son of his grandfather Rev. Samuel Rutherford. WKR was unaware of the existence of his father James Rutherford Sr. "the yeoman".

-------------13. Samuel Rutherford, Jr.
His father left him “all his military arms and musical instruments”

-----------11. Robert Rutherford Sr.
unknown Weakley

------------12. Unknown son of Robert Rutherford Sr. with whom Robert Jr. fought and then Robert fled to join the military.

------------12. Unknown daughter of Robert Rutherford Sr. who was the first wife of Robert Weakley

------------12. Unknown daughter of Robert Rutherford Sr. who was the second wife of Robert Weakley

-------------13. William Weakley

-------------13. Robert Weakley
b. ca. 1720 in Ireland
d. in Halifax Co., Virginia in August 1798

The 1748 list of tithable persons in Lunenburg County, Virginia included the names of Robert, William, and James Weakley. They recur in the 1749 and 1750 lists. Robert purchased 400 acres of land in Cumberland Parish, Lunenburg Co. on 2 July 1750 for 40 pounds. He received a patent from the State of Virginia in 1759 for 80 acres on Rough Creek. In 1761, he sold the 400 acres in Cumberland Parish for 100 pounds, and apparently moved to Rough Creek. He had also purchase land in 1756 in the Cub Creek area of Halifax Co., and this eventually became his home. He married Elinor Stewart [Stuart]. In 17th and 18th century Virginia, the term “tithable” referred to a person who paid (or for whom someone else paid) one of the taxes imposed by the General Assembly for the support of civil government in the colony. In colonial Virginia, a poll tax or capitation tax was assessed on free white males, African American slaves, and Indian servants (both male and female), all age sixteen or older. Owners and masters paid the taxes levied on their slaves and servants.

-------------13. James Weakley m. [1] Hannah Coffee

-------------13. Jean Weakley m. [1] John Stewart

------------12. Robert Rutherford Jr. – “Black Horse Robert”
born in Belfast area
m. Margaret O'Brien
served in the Black Horse Dragoons
aka "4th Irish Regiment of Heavy Horse" or "Sir James Ligonier's Black Horse"
wounded and mustered out of the regiment at the battle of Dettingen
settled in Trenton, NJ
tavern keeper at the Black Horse Inn owned by his uncle James Rutherford

Robert Rutherford, while living in northern Ireland, quarreled with his older. Robert then ran away from home and enlisted in the Ligonier's Troop of Black Horse, a famous regiment in the British army. He fought on the continent with the Black Horse and after being wounded made his way to Ireland and then America. He married and became the father of five daughters whom he named Margaret, Sarah, Nancy, Elizabeth and Frances Mary. He had one son, Webb Rutherford, who died young and was named for a family friend Colonel Daniel Webb.

Robert Rutherford kept a tavern, which he called "The Ligonier", in the house on Broad Street in Trenton, New Jersey, which had formerly been owned by his uncle James Rutherford - the yeoman. It is described by many writers as located at the northwest corner of Queen and Front Streets, but this is an error. Samuel Tucker, sheriff of Hunterdon County, on November 29, 1764, advertised the tavern for sale in the Pennsylvania Gazette, as follows:

By virtue of several Writs of Fieri Facias to me directed, will be exposed to Sale, at public Vendue, to the highest Bidder, on Tuesday, the 15th Day of January next, between the Hours of Twelve and Five o’clock in the Afternoon, on the Premises, that commodious, and most agreeable situated House, which has long been known to be an elegant and well accustomed Tavern, with the Lots of Land thereunto belonging, situated in Trenton, is on the Corner 67 Feet front on Queen-street, and 174 Feet front on Market-street, adjoining the Lands of William Morris, Esq; William Clayton, Esq; James Smith, and Robert Singar, containing Half an Acre, more or less; the House is built of Brick, 35 by 35 Feet square, two Stories high, four Rooms on the lower Floor, a spacious Entry through it, there are three Rooms on the Second Story, one of which is a genteel Assembly Room, with a Door that opens into a fine Balcony fronting on Queen Street, good lodging Rooms in the third Story or Garret, neatly finished, convenient Fire-places, in the House, and excellent Cellars underneath the whole. Also, a large Brick Kitchen, 21 Feet front on Queen-street, and 41 Feet back, two Stories high, in which is a Wash-house, with good lodging Rooms in the second Story and Garret; the whole compleatly finished, large Stables fronting Market-street, with Cow-houses, Hen-houses, Pigeon-houses, a good Garden, with a large Yard, in which is an excellent Well; late the Property, and now in the Possession of Robert Rutherford; Seized and taken in Execution at the Suit of Moore Furman, Robert Lettis Hooper, and others, and to be sold by Samuel Tucker, Sheriff. (New Jersey Archives, Vol. XXIV, p. 460.)

Robert Lettis Hooper evidently purchased the property at the sale. He in turn advertised it for sale, along with other property, in March 1767, and described it as “one handsome brick house, lately the property of Robert Rutherford, and allowed the best stand for a tavern or a gentleman in any part of Trenton.” There followed a detailed description of the property. (ibid., Vol. XXV, p. 314.)
 
The land on which the house was erected was owned by Benjamin Smith in 1733. Smith purchased it from Enoch Andrews and built the house on it. Some time prior to 1744 he conveyed the property to William Morris, who on February 26, 1748, conveyed it to Thomas Cadwalader, the first chief burgess of Trenton. Since the house was “allowed the best stand for a tavern or a gentleman in any part of Trenton,” we presume it was Dr. Cadwalader’s residence while in Trenton.

In August 1750 Dr. Cadwalader advertised all his Trenton properties for sale, among them “a large commodious corner brick house, two stories high furnished with three good rooms on the lower floor and a large entry through; four good rooms on the upper floor and four lodging rooms plaistered in the upper story, with good cellars, stone kitchen, garden and stables, situated in Queen Street in a very public part of the Town of Trenton very convenient for any public business.” He conveyed the property on February 4, 1754, to James Rutherford, “yeoman,” who in turn conveyed it to Robert Rutherford, his nephew, by deed dated July 27, 1759. The deed refers to the grantee as “tavern keeper”; Robert Rutherford had been licensed to keep a tavern three years before. (New Jersey Archives Vol. XII, p. 661.)
 
Robert Rutherford was imprisoned in Trenton gaol for debt in 1765. On November 27, 1766, he made an assignment for the benefit of his creditors and was discharged from confinement by the court. He continued to conduct the Ligonier Tavern, as a license was granted him afterwards on May 3, 1768.

Under execution of several judgments entered in Hunterdon County. John Barnes, sheriff of that County, on April 10, 1771, sold the Ligonier Tavern, as the property of Robert Rutherford, to John Johnson of Perth Amboy. 27 The latter on April 23, 1778, conveyed it to Joseph Millner, and it was afterwards commonly known as Millner’s corner. (Deed Book G. 3, p. 78, Office of the Secretary of State.) After Robert Rutherford left the Ligonier, Rensselaer Williams occupied the building in 1768 as a tavern called the Royal Oak.

Rutherford kept a very fine stallion, from Ireland, by the name of Young Tifter. The pedigree showed the horse was descended from Tifter of Warwick, the best twelve stone horse in England. An advertisement in the March 6, 1753 issue of the Pennsylvania Gazette by Robert Rutherford shows a pedigree for the imported horse. Young Tifter, a grandson of Tifter. "Tifter of Warwick was got by the famous Thoulouse Barb, and bred out of Cream Cheeks, full sister to Leedes and grandam of Old Childers." (Early American Turf Stock, ii, 53) When James II abdicated and fled to France, in 1688, many of his adherents followed him. One such was Henry Curwen. He remained in France till the close of William III's reign. On his return from France, Henry Curwen brought two Barb horses which had been given to Louis XIV by Mulay Ismail al-Samin, King of Morocco, and through the offices of Louis's natural sons, the Counts of Byram and Thoulouse, were acquired by Curwen on very easy terms. The Thoulouse Barb he sold to Sir John Parsons, a prominent member of turf society and who served as Lord Mayor of London for two succcessive years.. He was a Leading Sire in 1723. He sired Tifter who in turn sired the Scarborough Colt (bl.c. 1724). Robert Rutherford’s connection to this horse was no doubt through the Black Horse Dragoons with whom Sir John Parson’s brother William also served. Young Tifter is among America’s foundation sires of the thoroughbred breed.

Robert Rutherford advertised for the whereabouts of a runaway Irish servant woman 1/5/1758 in The Pennsylvania Gazette. He offered a reward for her safe return.

-------------13. Margaret Rutherford

-------------13. Sarah Rutherford

-------------13. Nancy Rutherford

-------------13. Elizabeth Rutherford

-------------13. Frances Mary Rutherford, d. 1819 – “The heiress of Shard”
m 1 - Sir John Fortescue
m 2 - William Shard

-------------13. Webb Rutherford

-----------11. John Rutherford
b. abt 1700 in Ireland
d. 1721 washed overboard at sea
m. [1] Elizabeth Griffith
d. 1721 washed overboard at sea

John Rutherford and his wife Elizabeth died while en route to America from Ireland, and their infant son, Griffith Rutherford was taken to New Jersey to live with the Rutherford family.

------------12. Griffith Rutherford
b. in 1721 in Ireland
d. 8/10/1805, Sumner Co., Tennessee
burial: probably in Shiloh Presbyterian Cemetery near Gallatin, Tennessee

m. [1] Mary Elizabeth Graham
b. in Rowan Co., North Carolina
d. aft. 1805
d/o James Graham
m. [1] Griffith Rutherford 1754, Rowan Co., North Carolina.

Griffith's children:
-------------13. Jane Rutherford b. 1756 d. abt 1844 Maury TN
-------------13. James Rutherford b. abt 1758 d. 9/8/1781, Battle of Eutaw Spring, SC
-------------13. Blanche Rutherford b. abt 1760 d. abt 1844
-------------13. Margaret Rutherford b. abt 1765 d. about 6/1827 Dyer, TN
-------------13. Alfred Rutherford b. abt 1767 d. about 1844
-------------13. Newton Rutherford b. abt 1770 d. about 1814 Cocke, TN
-------------13. Elizabeth Rutherford b. abt 1772 d. about 1844
-------------13. John Rutherford b. 3/13/1774 d. 9/8/1835 Dyer Co. TN
-------------13. Griffith Weakley Rutherford b. abt 1775 d. 11/11/1846 Wilson Co. TN
-------------13. Henry Rutherford b. abt 8/17/1782 d. 5/20/1847 Key Corner, Dyer TN

------------12. Margaret Rutherford – the possible record of Griffith Rutherford’s sister

"Captain William H. Moore was from Ulster county, Ireland, and was the 'first white man to settle west of the Blue Ridge in Buncombe County, North Carolina. He was with his brother-in-law, Griffith Rutherford when that officer came through Buncombe in 1776 on his way to punish the Cherokees, and was struck with the beauty and fertility of the spot on which he afterwards settled, six and a half miles west of Asheville, the present residence, remodeled and enlarged, of Dr. David M. Gudger. He was a captain of one of Rutherford's companies. He returned in 1777 and built a fort on the site above referred to, obtaining a grant for 640 acres from Governor Caswell soon afterwards, for "land on Hominy creek, Burke county." But he had to leave his new home for the Revolutionary War, in which he served gallantly, returning at its close with his own family, his wife being Gen. Rutherford's sister, and five others. He had three sons, William, Samuel, and Charles, and three daughters, all of whom married Penlands, brothers. William and Samuel moved to Georgia, and Charles, the youngest, fell heir to the home place."

Ann Cathey was the first wife of Captain William H. Moore, Margaret Rutherford was his second wife. A statement made by Mr. T. J. Moore of Moore, S. C., May 17th, 1898:

“My great grandfather Wm. Moore and his brother, Charles Moore came to America from the north of Ireland with a number of Scots-Irish people, probably settling first in Pennsylvania and afterwards coming South. One of the brothers, Charles Moore, settled on Tiger River in upper South Carolina, now Spartanburg County. My great grandfather, Wm. Moore, settled for a while in Mecklenburg County, N. C., on what is known as Muddy Creek now in Burke County. Wm. Moore removed from Muddy Creek, in Burke County, to Hominy Creek, in the same county, (now in Buncombe County, North Carolina, west of the City of Asheville about seven miles). He was an officer, to-wit: a captain in the militia of this colony and as such was in charge of several expeditions against the Indians in the Western part of the State and finally drove them from this end of the State. He brought with him to the Hominy section, a large number of his Scots-Irish friends, as well as all of his immediate family. He built a block house at the old homestead as a protection of his family and neighbors against the Indians; raised a large family there, acquired considerable wealth and died and was buried at the old home place. He was married twice, his first wife was a Cathey. He married a second time a Patton [Margaret Rutherford’s name from her first marriage]. He had several daughters; Rachael, who married Geo. Penland, Polly, who married Robt. Penland, Alice, who married John Penland, Charity, who married Jesse Ballew, Peggy, who married James Rutherford, Sally, who married John Montgomery, Nancy, who married Jonathan McPheters and Elizabeth, who married Ben Tutt. He also had three sons; Thomas, William and Charles. Thomas Moore went to Georgia, married there and raised a large family; several of whom became quite prominent politically and otherwise in that State. William Moore went to the State of Mo., and married there, also raising a large family. I get letters frequently from members of this family. Charles Moore, the younger son, my grandfather, lived on the home place, was married twice, raised a large family of children and died at the age of 82 years in the old homestead and was buried in the family grave-yard, where a great many of the relatives and members of the family are also buried. He was married twice; his first wife was a Penland, a sister of the numerous brothers who had married sisters of his.” (written by Charles A. Moore in a letter to Mrs. N. Walton Jackson, Hulda, La.)

James Rutherford [son of William Rutherford of Cub Creek, VA] entered 100 acres both sides Hominey Creek 1787 with William Moore. Another researcher shows the land entry on Webb's Creek on North Fork Hominy Creek Buncombe NC 1787 which may be the same entry.

Margaret Moore was born ca 1755/65 (based on 1800 and 1810 census entries), presumably in old Mecklenburg County, North Carolina. She was mentioned in the 1903 letter as a daughter of old William H. Moore: "Peggy, who married James Rutherford".  It should be noted that "Peggy" is a common nickname for "Margaret."

Margaret Moore married James Rutherford probably before ca 1784 either in old Mecklenburg or old Burke County. James was born ca 1755/65 per census analysis. They were listed on the 1790 census in Burke County, in the 6th Company. They were just a few houses from Peggy's parents. We did not find her in 1830. There was a James Rutherford (c1800) who was in Buncombe in 1830, 1840 and 1850. He could be a son of James Rutherford and Margaret Moore.

-----------11. Martha Sarah Rutherford
m. [1] George Davis Sr.

------------12. Isabel Davis
m. Ellis Cook

------------12. Sarah Davis

------------12. James Davis

------------12. Thomas Davis

------------12. Margaret Davis
m. [1] Mr. Butts
m. [2] Israel Pickens
b. Ireland

Israel Pickens migrated with his parents to Bucks Co. PA in about 1718. He joined Bensalem church on confession in 1722 and was married soon afterward. He moved to Orange Co. VA. where he had a mill near Staunton before 1740. Israel had a child baptized while there in 1740. He moved again about 1743 to Lunenburg Co., VA locating at Cub Creek which is in the present Charlotte Co. VA. He was a founder/member of the Cub Creek Presbyterian church along with Griffith Rutherford, James Rutherford and William Rutherford where he died and was buried in 1749.

Martha Sarah Rutherford Pickens, his wife may have been the second wife, as there is a gap of 11 years between the oldest child and the next oldest. After the death of Israel Martha moved to Anson Co., N.C. where on May 20, 1754 she was granted 514 acres on the north side of King Creek, a branch of the Catawba River. (Raleigh land grant files 1692, Bk. 15, pg. 28) There is possible proof that in later years Martha married again to John Fall and lived in Lincoln Co. N.C. Martha Pickens lived in Cabarrus County, N.C. when she married Fall. Mary Clark Corrigan, granddaughter of Martha Pickens made a statement in the settlement papers of her father, James Clark that she inherited from her grandmother Martha Falls. John and Martha Falls sold 300 acres of land Oct. 10, 1774 which had been granted to John Falls, May, 5, 1768 on the south fork of Cathey's Creek. (Lincoln Co. N.C. Deed Bk. 2, p. 120)

children of Israel Pickens and wife Martha Sarah Rutherford Pickens:

------------12. William Pickens
b. 1728
d. 1800
m. [1] Elizabeth Black
no children
Elizabeth Pickens died in 1818 leaving her will on record.
Will of William Pickens: Mecklenburg Co. N.C. Will Bk. F. p. 18, He named wife Elizabeth, nephew James Pickens, son of Samuel Pickens.

William paid tithes in Lunenburg Co. VA. in 1749. He moved to NC with his mother. On May 17, 1754 received a Crown grant of 408 acres in Anson Co. N.C. with Griffith Rutherford. Received a second grant with Rutherford Oct. 3, 1755. On Jan. 18, 1766 William and Elizabeth Pickens sold 362 acres to James Wahab (Walkup). Jan 10, 1770 sold land to brother in law William Black 162 acres. (Mecklenburg Co. Deeds). William died in 1800 and his will was probated in Mecklenburg County.

------------12. Margaret Pickens
b. 1739-40
m. [1] Capt. James Walkup

------------12. Capt. Samuel Pickens
b. 1743
d. 1821
m. [1] Jane Carrigan

------------12. Rebecca Pickens
b. 1745-6
m. [1] James Davis [see above]

------------12. Hannah Pickens
b. 1749 Cub Creek Lunenburg Co., VA
children were all by 1st husband James Clark
m. [1] James Clark 1768
m. [2] George Davis Jr. Mecklenburg Co. NC
d. 10/26/1806 Mecklenburg Co., N. C.
burial: Sugar Creek Presbyterian Mecklenburg
buried beside George Davis and 2 children Rufus and Maggie

Hannah Pickens' older brother was William Pickens, the oldest child of Israel Pickens. He was born about 1728. He paid tithes in Lunenburg Co. VA. in 1749 at which time he must have been of age. He moved to NC with his mother. On May 17, 1754 he received a Crown grant of 408 acres in Anson Co. NC with Griffith Rutherford. Received a second grant with Rutherford Oct. 3, 1755. On On Jan. 18, 1766 William and Elizabeth Pickens sold 362 acres to James Wahab (Walkup). Jan 10, 1770 sold land to brother in law William Black 162 acres. (Mecklenburg Co. Deeds). William died in 1800 and his will was probated in Mecklenburg County. m. Elizabeth Black: They had no children. Elizabeth Pickens died in 1818 leaving her will on record. Named Nephews and neices. (Will of William Pickens: Mecklenburg Co. N.C. Will Bk. F. p. 18), He named wife Elizabeth, nephew James Pickens , son of Samuel Pickens.

George Davis Jr's children with 1st wife Mary:

-------------13. Isabel Davis m. Ellis Cook
-------------13. Sarah Davis
-------------13. James Davis
-------------13. Margaret Davis
-------------13. Thomas Davis

Hannah's children by 1st husband James Clark:

-------------13. Rufus Clark

-------------13. Maggie Clark

== == ==

Bibliography

Kenneth Rutherford Davis
"The Rutherfords in Britain: a history and guide"
Alan Sutton Publishing
Gloucester, England 1987

Gary Rutherford Harding
"The Rutherfords of Roxburghshire"
Alemao Press 2002
Seattle, Washington

Thomas Cockburn-Hood
"The Rutherfurds of that Ilk and their Cadets"
1st edition 1884
2nd edition 1899
3rd edition 1903
editors: Charles H. Carmichael and James Tait
Scott Ferguson and Burness Company

Minnie R.H. Long
"General Griffith Rutherford and Allied Families"
Wisconsin Cueno Press, Milwaukee, WI 1942

Elizabeth Venable Gaines
“Cub Creek Church and Congregation, 1738-1838”
Presbyterian Committee of Publication
Richmond, Virginia 1931

"The Gathering of the Clans"
Part I - "The Rutherford Story", by Edna Rutherford Davey, 1955-1957
Part II - "The Hill and Allied Stories", by Ella Beatrice Hill, 1955-1957
Palo Alto, California, 1957

Emma Siggins White
"Genealogical History of the Descendants of John Walker of Wigton, Scotland, 1600-1902"
Kansas City, MO
Tiernan-Dart Printing Company, 1902

Samuel Anderson Weakley and Mary Dickson Weakley
"Southern Virginia Weakley Families and Their Descendants" - 1963

Public records Office of Northern Ireland
file #T1336 - PRONI
Dunlop, Rutherford and Delap papers

James Watson
"Jedburgh Abbey and the Abbeys of Teviotdale"
Edinburgh:David Douglas
1894

"Papers Illustrating the History of The Scots Brigade in Service of the United Netherlands (Holland) 1572-1782"
The Government Archives at The Hague
Published in 3 Volumes, 1898, 1899, 1901 ed. J Ferguson
The Scottish History Society at Edinburgh

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