Family:Unknown and Christian Lauder (1)

James Rutherford I [aka Rutherfurd and Ruthirfurd] (c.1395-?1454), d. in battle bef. 15th July 1455 in Roxburgh, Scotland m. [1] Christian Lauder

On his death late in 1424 or in 1425 Sir Richard Rutherford was followed by his grandson James I of that Ilk first recorded November 16, 1425 when 'James Rutherfuird of Rutherfuird' and John adjudicated over a boundary dispute between Ridpath and Bemersyde (GS II N.106). His appellation shows he succeeded some time after June of the preceding year.

On January 17, 1429/30 he and William were jurors at a Jedburgh inquest on the lands of Caverton (MS 14, App III, 13) and he witnessed at Edinburgh November 20, 1430 a charter of Primside by Andrew Roule to Andrew Ker of Altonburn (Ib 22), confirmation of which by Archibald Earl of Douglas he attested August 6, 1432 at 'Ethebredscheillis' (DB III, 419), on both occasions called de eodem 'of the same', of that Ilk.

Roxburgh - “On 6th August 1430, Andrew Roule, lord of Primsyde with consent of George his son and heir sold to Andrew Ker of Altonburn, his ten husbandlands of mains, witness Archibald of Douglas, Lord of Cavers, James Rutherfurde of that ilk, Thomas of Crenneston of that ilk, William of Liberton, Provost of Edinburgh, and Alexander Napar, John Bercare and Henry Dempster Bailies of that city. (Ref. the Roules of Roule water by Andrew Ross at the Hawick Archaeological Society on 20 March 1906.)

Sir Alexander Napier, 2nd of Merchiston (d before 15.02.1475-9, Lord Provost of Edinburgh) m. Elizabeth Lauder (dau of William Lauder of Haltoun)

Sir Alexander Home married Marion Lauder daughter of John Lauder, granddaughter of Sir Robert de Lauder. Along with her sisters; Mariota, Beatrice and Christian each of the 4 [and their husbands] received 1/4th of the Crailing, Hownam and Swinside estates. On December 11, 1436 Lord James Rutherford and Lord Alexander Home held sasine at Linlinthgow. Swinside remained a Rutherford holding because Lord James Rutherford married one of the Lauder sisters; Christian. ("Historical Manuscripts Commission", 12th report, App VII, 78-79, 109, 120-121)

Both James were jurors in July 1439 at 'Richermuderake in Foresta de Jedworth' on the retour of George Douglas in Bonjedworth (Ib III, 68) and next February the elder James witnessed at Edinburgh a charter of Primside by William Douglas, Earl of Angus, to Andrew Ker (Ib III, 373; MS 14, App Ill, 22).

James next occurs as witness to a charter at Aberdeen in January 1440/1 by Robert, Earl of Mar, to Andrew de Culane, burgess there, of Knavane in the barony of Kelly, Aberdeenshire. [Forfarshire?] (GS II N.279). It is unlikely that his visit implies a close connection with the Aberdeen Rutherfords who were established there by 1343.

A reminder of the family's original home is a deed about the tithes of Lessuden [St. Boswells] that James attested in November 1444 in the chapel of St Mary Magdalene at Rutherford (Mel II, 575).

When father and son were jurors at a retour at Newark in March 1446/7 the document bore the seals of both, showing an orle and in chief three martlets (DE III, 429; MS 14, App III, 23).

The Exchequer Rolls (ER IX, 660) reveal that James had sasine in 1448 of Edgerston which remained with his descendants until the twentieth century, and was indeed the only property of the senior line that was not filched away by the marriage of a pretended heiress early in the sixteenth century.

In 1449, 1450 and 1451 James was one of the Scottish conservators of truce with England (CDS IV N.1239; Rot II, 341, 353; Rymer XI, 254), and in 1453 he had sasine of the lands and fishery of Maxton (ER IX, 662), a grant leading to much dispute. For faithful service he acquired by royal charter in March 1451/2 Lethbert, Lethbertshiels and Eremis, Stirls., rendering a silver penny (GS II N.530, 552).

He received the patronage of Bedrule from William, Earl of Douglas, at an unknown date and in January 1451/2 with ALAN and WILLIAM witnessed Patrick M'Dowel's charter of Makerstoun to George Ormiston (Ib II N.554). The same month he attested the Earl of Douglas' charter to Robert Vaus of land in thc barony of Carnismule, Wigtons. (SHS 3s 51, 163).

James Rutherford I died between 1453 and July 15, 1455 when his heir was allowed compensation for the losses he suffered 'on the occasion of his father's death in defence of the realm': "occasione necis patris sui in defensione regni" (ER VI, 97). Whatever the fray alluded to, whether the battle of Arkinholm in 1454 [Langholm] or, as the Historical Manuscripts Commission thought (MS 14, App Ill, 3), some obscure fight with the English, it led to an accusation of complicity against Andrew Ker of Altonburn being tried by an assize 'of the cuntre' at Selkirk on April 14, 1456 (Ib 10-11). It hardly fits modern conceptions of justice to find the victim's son James and two kinsmen on the jury, but mediaeval principles required jurors acquainted with the persons and circumstances concerned. The defendant was acquitted but old scores still burned, for Andrew Ker of Cessford [see below] was cleared by another trial at Edinburgh in March 1470/1 (Ib 27).

children:

James Rutherfurd II of that Ilk and of Edgerston b. abt 1424 d. in 1498 m. [1] Lady Margaret Erskine

Only one child of James I is certainly known [perhaps 2 others]:

1. James Rutherford II of that Ilk, his heir

2. Alan Rutherford who witnessed the M'Dowel charter in 1451/2 and whose name recalls the prisoner in the tower .

3. Archibald Rutherford

James Rutherford II (c.1420-1498), whose mother was a daughter of John Lauder, before July 15, 1455 succeeded his father with whom he is found in deeds between 1437 and 1447.

"The Rutherfords in Britain: a history and guide" by Kenneth Rutherford Davis Alan Sutton Publishing Gloucester 1987 page 18-19