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Peter Anthony Kincaid
The modern creation of Kincaid as a Scottish Gaelic clan
Today the Standing Council of Scottish Chiefs recognize Kincaids as a Highland Clan with their Chief being Arabella Jane Kincaid of Kincaid. However, it is clear that this came about only in the last 50 years. Prior to that, Kincaid was simply seen as the surname of a Lowland family with the senior line being tenants-in-chief of the lands of Kincaid in the Parish of Campsie. The head was referred to as the Laird of Kincaid, Kincaid of Kincaid or Kincaid of that Ilk. Families bearing our surname did not have any tradition of being part of a Clan nor did they recognize any person as their Chief. The character of the original family to take their surname from the lands of Kincaid may just as easily been of another people known to have inhabited the area (ie. Briton, Roman, Angle, Viking, Fleming, Franc, Norman, etc.).
Since the 1950s, many Kincaids around the world have been affected by the popularity of Highland Games and embraced the clan system to celebrate their Scottish heritage. However, many others had no interest. Here will be shown, using documetary evidence, that the notion of Kincaids being a Highland Clan is a modern creation perpetuated simply by the desire to be part of the modern Scottish Clan phenomenon.
The following is a list of some of the more popular references for lists of Scottish clans. In none of these sources are Kincaids listed as a clan.
John Kincaid of Kincaid (1759-1832) was the last Laird of Kincaid to be referred to as Kincaid of Kincaid or Kincaid of that Ilk. He was also the first Kincaid of that Ilk to register coat of arms. In his matriculation of arms registered on 29 July 1808, Kincaids are referred to as a family. There is no mention in his grant of Kincaids being a clan nor of John Kincaid of Kincaid being Chief of the Name. His grants reads as follows:
Kincaid John, of Kincaid in the County of Sterling Esquire Bears Gules a fess Ermine between two Mullets in Chief Or and a triple towered Castle in Base Argent masoned Sable, which last the Family have been in use to carry in their Shields from an Honourable exploit of one of their ancestors in recovering the Castle of Edinburgh from the English in the time of Edward the first, in consequence of which he was made Constable of the Castle and his posterity enjoyed that office for many years. Crest, a triple towered Castle Argent masoned Sable and issuing therefrom a dexter arms from the shoulder embowed, vested in tartan and grasping a drawn broadsword all proper. Motto, This I'll defend. Supporters, Two Highlanders dressed in the highland garb and armed with steel Cuirasses each holding a Lochaber Ax all proper. Mat.d 29 July 1808. John Ker L. A. C. [Public Register of all Arms and Bearings in Scotland. Edinburgh: Lord Lyon Office, 1677-. 2: 23].
John Kincaid of Kincaid's (1759-1832) son and heir, John Lennox Kincaid (1802-1859), also inherited the Lennox of Woodhead estates. As a result, he assumed the surname Lennox. His death notice refers to Kincaids as an ancient family and reads as follows (emphasis added):
THE LATE MR LENNOX OF WOODHEAD, &c.-- The Glasgow Daily Herald reports the death of this gentleman at London, on the 6th inst. The deceased John Lennox Kincaid Lennox, son of John Kincaid of Kincaid, in Stirlingshire, and of Cecilia Lennox, daughter of William Lennox of Woodhead, in the same county, was born in September 1802. He married Fanny, daughter of Alexander Cunningham of Craigends, in Renfrewshire, a descendant of the old Glencairn family. They have had one son and three daughters, the eldest of whom, Lady Strangford, now succeeds to the entailed estates. Mr. Lennox was appointed in 1832 a Deputy-Lieutenant of Stirlingshire and Dumbartonshire, and in 1842 Convenor of the County of Stirling. In 1837, and the two following years, he built the very elegant family residence house in Campsie parish called Lennox Castle, which, from its commanding position and its massive and striking form, is one of the principal architectural ornaments of the country in the west of Scotland. He devoted much of his time to the improvement of his estates, understood well and delighted in observing the successful progress of such improvements; was a considerate, judicious, and altogether an excellent landlord, a good practical man of business, and strictly honourable in all transactions. He took much interest in county and parochial concerns, anxiously endeavouring to promote the public welfare whenever it was in his power to do so, and to discharge all his duties in the best manner. Mr. Lennox represented in direct line the ancient family of Kincaid who, as is known from a charter yet extant, were in possession of Kincaid estate and castle in 1280. As heir of his aunt, he represented the old Earls of Lennox, the last of whom was beheaded at Stirling in 1425 by James I. [The Scotsman. 14 March 1859. p. 3].
John Lennox Kincaid Lennox, son of John Kincaid of Kincaid, also registered a coat of arms. In his matriculation of arms, dated 12 June 1833, Kincaids are again referred to as an ancient family which John Lennox Kincaid Lennox was legal representative of. His matriculation reads as follows (emphasis added):
John Lennox Kincaid Lennox of Woodhead and Kincaid Esquire heir of Line and Entail and in possession of the Estates of Woodhead and Kincaid in the County of Stirling and legal representative of both of these ancient families Bears Quarterly First and Fourth argent a saltyr betwixt four Roses gules barbed vert; Second and Third gules a fess ermine between two mullets in chief or and a triple towered Castle in base argent masoned sable. Above the Shields is placed a Helmet bef{itting} his degree with a Mantling gules doubles argent and on Wreaths of his Liveries are set for Crests on the dexter {towit} Two broadswords in saltyr behind an Imperial Crown all proper and for Motto I'LL DEFEND and on the sinister side a triple towered Castle argent masoned sable and issuing therefrom a dexter arm from the shoulder embowed vested in tartan and grasping a drawn broad sword all proper and for Motto above it THIS I'LL DEFEND. And further on a compartment below the shield substituting as Supporters to the said Coat Armorial in lieu of the supporters which the said John Lennox Kincaid Lennox is entitled to bear as Heir male of his father Two naked savages wreathed about the heads and middles with oak leaves holding in their hands Clubs erected all proper.
These Armorial Ensigns are destined by Letters Patent from the Lord Lyon bearing even date with this Matriculation the twelfth day of June 1833 to the said John Lennox Kincaid Lennox Esquire and the heirs of Entail succeeding to him in the Estate of Woodhead so long as the said heirs of Entail shall have also vested in them the character of heirs of Line of the family of Kincaid of that Ilk; the destination of said supporters being confined to the said John Lennox Kincaid Lennox Esquire and the heirs male of the late John Kincaid of Kincaid Esquire his said father. A. Macdonald, Lyon Clerk Depute [Public Register of all Arms and Bearings in Scotland. Edinburgh: Lord Lyon Office, 1677-. 3: 94].
Alwyne Cecil Peareth Kincaid-Lennox (1904-1983), great grandson of John Lennox Kincaid Lennox, was the first to be referred to as Chief of the Name of Kincaid. On 2 June 1959, Alwyne Cecil Peareth Kincaid-Lennox petitioned the Lord Lyon King of Arms of Scotland to be recognized as Alwyne Cecil Kincaid of Kincaid and to succeed to the coat of arms of his great great grandfather, John Kincaid of Kincaid, as representative of the baronial house and family of Kincaid of Kincaid. His petition was successful and the Lord Lyon went further and recognized him as Alwyne Cecil Kincaid of Kincaid, Chief of the Name of Kincaid.
Alwyne Cecil Kincaid of Kincaid's matriculation dated 30 March 1960, is as follows (emphasis added):
ALWYNE CECIL KINCAID OF KINCAID having by Petition unto the Lord Lyon King of Arms of date 2 June 1959 Shown; That he, the Petitioner, is the second son of William George Peareth-Kincaid Lennox of Lennox Castle, Stirlingshire and his wife Anna Lilly Frances daughter of Andrew Johnes Rousc Boughton-Knight (son of Sir William Edward Boughton, Baronet, and his wife Charlotte daughter of Thomas Andrew Knight) of Downton Castle, herefordshire; That the Petitioner's said father (who assumed the surnames of Kincaid Lennox on the death of his mother 1914) was the eldest son of William Peareth of Ulsworth and his wife Cecilia second daughter and surviving heiress of the body of John Lennox Kincaid Lennox of Lennox Castle and of Kincaid both in Stirlingshire; Which John Lennox Kincaid Lennox (who was heir of line and entail and in possession of the estates of Woodhead and Kincaid in the County of Stirling) recorded quarterly Arms (Lennox 1st and 4th, Kincaid 2nd and 3rd) in the Public Register of All Arms and Bearings in Scotland, Vol. 3, f. 94, of date 12 June 1833 and was the eldest son of John Kincaid of Kincaid who matriculated his Arms and Supporters in the said Public Register [Vol. 2, fol. 23] of date 29 July 1808; AND the Petitioner having prayed that he might be officially recognized in the name, title and designation of Alwyne Cecil Kincaid of Kincaid and that the aforesaid Ensigns Armorial might be recorded of new in his own name in the said Public Register as Representative of the baronial house and family of Kincaid of Kincaid and confirmed unto the heirs male of his body bearing the name Kincaid of Kincaid, whom failing any younger son and the heirs male of his body bearing the name Kincaid of Kincaid of the Petitioner's elder brother Major William Mandeville Peareth Kincaid Lennox of Woodhead, whom failing any younger son and the heirs male of his body bearing the name Kincaid of Kincaid of Dennis Peareth Hornell-Lennox of Woodhead, younger; The Lord Lyon King of Arms by Interlocator of date 1 July 1959 FOUND (inter alia) (1) THAT the Petitioner, is the nearest in blood bearing the name Kincaid of Kincaid descended of John Lennox Kincaid Lennox of Woodhead and Kincaid in the County of Stirling through his second daughter and eldest surviving heir of the body Cecilia Kincaid Lennox, Mrs. Peareth of Usworth; (2) THAT Ensigns Armorial with supporters of Kincaid of Kincaid were matriculated in the Public Register of All Arms and Bearings in Scotland [Volume II, folio 23] of date 29 July 1808 in name of John Kincaid of Kincaid without tailzie or destination of the same on record, (3) THAT of date 12 June 1833 Ensigns Armorial were matriculated in name of John Lennox Kincaid Lennox of Woodhead and Kincaid as heir of entail and in possession of the estates of Woodhead and Kincaid, containing substitutes for the supporters which the said John Lennox Kincaid Lennox was entitled to bear as heir-male of his father, and which substituted supporters are limited to the heirs-male of the late John Kincaid of Kincaid and of his late father but which supporters appear to be those derived from, and relative to, Lennox of Woodhead and Antermony; (4) THAT ex facie of the said matriculation, the surname of the said John Lennox Kincaid Lennox of Woodhead and Kincaid was "Lennox of Woodhead and Kincaid" only; FOUND in Law (1) THAT the matriculation and Letters Patent of 12 June 1833 in name of John Lennox Kincaid Lennox of Woodhead and Kincaid was not a proper implementation of the entails of the estates of Woodhead or Kincaid, and that the Patentee was thereunder neither Representer of Lennox of Woodhead nor Representer of Kincaid of Kincaid; (2) THAT the supporters confirmed in the Patent of 12 June 1833, with limitation to the heirs-male of the late John Kincaid of Kincaid are jus terlii to this Petitioner, but the granting of the same, and the destination of the quartered coat conferred by the Patent of 12 June 1833, do not affect the right of arms constituted by the matriculation of arms of Kincaid of Kincaid of date 29 July 1808; (3) THAT the Petitioner, as next in blood bearing the name of "Kincaid of Kincaid", is entitled to matriculate without brisur or mark of cadency the arms, including supporters, matriculated in name of John Kincaid of Kincaid, 29 July 1808, as there is no tailzie or destination of same on record; AND (Primo) Officially Recognized the Petitioner in the name, title and destination, Alwyne Cecil Kincaid of Kincaid, as in the surname of Kincaid of Kincaid; (Secundo) Maintained, Ratified and Confirmed unto the Petitioner, Alwyne Cecil Kincaid of Kincaid, and the heirs-male of his body bearing the name "Kincaid of Kincaid;" whom failing, of any younger sons in the order of their birth and priority of age and the heirs-male of such sons' bodies bearing the name of "Kincaid of Kincaid," of Major William Mandeville Peareth Kincaid Lennox of Woodhead; whom failing, to any younger sons' son in priority of birth and seniority of age of their bodies bearing the name "Kincaid of Kincaid," of Dennis Peareth Hornell Lennox of Woodhead; whom failing, to the heirs whomsoever next in blood of the last heir of his tailzie of arms bearing the name "Kincaid of Kincaid" without alteration, addition or diminution, except as may be congruous to their rank and dignity for the time (meaning chivalric prefixes, baronetical affixes, or titles and dignities of Peerage suitable to the name Kincaid of Kincaid), and being of the blood of the said John Kincaid of Kincaid in the year 1808, and his heirs whomsoever; Arms at infra GRANTED WARRANT to the Lyon Clerk to matriculate in the Public Register of All Arms and Bearings in Scotland, conform to the said ratification and confirmation in name of the Petitioner, Alwyne Cecil Kincaid of Kincaid, Chief of the Name of Kincaid, the following Ensigns Armorial, videlicet: - Gules, a fess Ermine between two mullets in Chief Or and a triple-towered castle in base Argent, masoned Sable. Above the shield is placed on Helm befitting his degree, with a Mantling Gules doubled Argent, and on a Wreath of the Liveries is set for Crest a triple-towered castle Argent, masoned Sable, and issuing from the centre tower a dexter arm from the shoulder embowed, vested in the proper tartan of the Name of Kincaid and grasping a drawn broadsword all proper and in an Escrol over the same this motto THIS I'LL DEFEND, and on a compartment below the Shield are set for Supporters two Highlanders dressed in highland garb and having kilts and plaids of the proper tartan of Kincaid, [Videlicet - 22 Black, (pivot) 34 Green, 6 Red (centre), 34 Green etc.] armed with steel cuirasses, their sleeves being also of the Kincaid tartan, and from shoulder-belts basket-hilted-swords, their hats Azure, plumed of an ostrich feather Argent, and banded counter-company Argent and Gules, holding in their exterior hands Lochaber axes proper; And by Interloculor of 3 March 1960 Decreed that the words "the heirs male whomsoever next in blood of the last heir male of this tailzie of Arms" as used in the above destination be defined as discounting the senior-born issue not bearing, or within a year and a day of succession opering assuming, the name Kincaid of Kincaid. Matriculated the 30th day of March 1960. Extracted furth of the 80th Page of the 43rd Volume of the Public Register of All Arms and Bearings in Scotland the 5th day of April 1960 [Public Register of all Arms and Bearings in Scotland. Edinburgh: Lord Lyon Office, 1677-. Volume 43: page 80].
In this grant, Kincaid of Kincaid is first noted as a baronial house and family. There is no reference to Kincaids being a clan. There was no reference to any petition to be recognized as Chief of the Name of Kincaid but the Lord Lyon designated him as such because this was a heraldic matter.
The Lord Lyon King of Arms in question was Sir Thomas Innes of Learney who held that office from 1945 to 1969. His thoughts are clear on this (ie. that Kincaid of Kincaid was Chief of the Name) as he later revised Frank Adam's The clans, septs and regiments of the Scottish Highlands and stated the following relating to Kincaid of Kincaid:
Lennox Castle, in Stirlingshire, belonged, until 1927, to the House of Lennox of Woodhead, Baron of Antermony whom Lyon Court has always regarded as Chief of the Name. For a time it recently took the name "Peareth-Kincaid-Lennox" but has now resumed the title Lennox of Woodhead, and rematriculated the undifferenced arms, and Kincaid of Kincaid has been established in a collateral, as chief of that name [Adam, Frank. The clans, septs and regiments of the Scottish Highlands. 8th ed. Revised by Sir Thomas Innes of Learney, Lord Lyon, King of Arms (first published in 1908). Baltimore: Genealogical Publishing Co., Inc., 1970. p. 228].
The only source that could be found for Sir Thomas Innes of Learney's usage of Chief of the Name for Kincaid of Kincaid is that of Alexander Nisbit. Alexander Nisbit's authoritative work on Scottish heraldry makes reference to the Kincaids of that Ilk and calls the House of the Laird of Kincaid, Chief of the Name (emphasis added):
KINCAID of That-Ilk, Gules, a Fesse Ermine, between two Mollets in Chief Or, and a Castle in Base. Ibid. {i.e. Pont's Manuscript}
It seems the Castle represents that of Edinburgh; for these of the Family were a long Time Constables thereof.
I find in an old Birth-brieve, signed by several honourable Persons, in favours of Mr. Andrew Monteith; it is writ thus, That he was the Son of Alexander Monteith of Collochburn, and his Wife Janet Kincaid, lawful Daughter to David Kincaid, lineally and lawfully descended of the House of the Laird of Kincaid in Stirling-shire, Chief of the Name, whose Predecessor, for his valiant Service, in recovering of the Castle of Edinburgh from the English, in the Time of King Edward the I. was made Constable of the said Castle, and his Posterity enjoyed that Office for many Years, carrying the Castle in their Arms, in Memory thereof, to this Day [Nisbet, Alexander. A System of Heraldry Speculative and Practical: With The True Art of Blazon, According To The Most approved Heralds in Europe. 2 vols. Edinburgh, A. Nesbit, 1722. 1: 420-421].
In the same work, it is clear, by referencing a decision of the Lord Lyon dated 10 September 1672, that Chief of the Name is not necessarily the same as Chief of a Clan. The Lord Lyon declared (emphasis added):
I, Sir Charles Areskine of Cambo, Knight Baronet, Lord Lyon King of Armes having perused and seen sufficient Evidents and Testimonies from our Histories, my own Registers and Bands of Manrent, doe hereby declare, That I find the Laird of M'Intosh to be the only undoubted Chieff of the name of M'Intosh and to be the Chieff of the Clan Chattan ... [System of Heraldry, vol. ii, app., p. 48].
Lord Wark, in Maclean of Ardgour v. Maclean 1941 S.C., states:
The expression "chief of the name and arms" is one which is well recognised in heraldry. It is the English equivalent of the French term chef du nom et des armes [Maclean of Ardgour v. Maclean. 1941 Session Cases, p. 654].
The Lord Justice Clerk (Aitchinson) adds:
The greater part, if indeed not all, of the difficulty that has arisen in this case has been due to the indiscriminate use of the term " chief " without any proper definition of its meaning in the law of arms. In strict heraldic usage "chief" and "head" are interchangeable terms. The person who bears the undifferenced arms is the "head" or "chief" of the armigerous family. Thus "chief" appears in the Act 1662, cap. 53, in a reference to "the usurpation of cadents, who, against all rules, assume to themselves the arms of the chieff house of the familie, out of which they are descendit," and again in the Act of 1672, cap. 21, in a reference to persons "who have assumed to themselves . . . the arms of their chieff without distinctions." The context shows that what was meant was chiefs or heads of families, for the Act 1672 goes on to direct that all users of arms or signs armorial shall bring or send an account, either to the clerk of the jurisdiction where the persons dwell, or to the Lyon Clerk, of what arms or signs armorial they are accustomed to use, "and whether they be descendants of any familie the arms of which familie they bear, and of what brother of the familie they are descended," showing the distinction between the "head" or " chief " of the family and the cadet. This is a clear statutory recognition of what "chief " means in the law of arms. It is simply "head" or "principal" of an armigerous family. Its correct use is shown by a sentence from Mr Stevenson's classic work on Heraldry in Scotland, where he writes (vol. ii, 352): "There is no necessity to suppose any denial at any time of the principle that the hereditary arms of the family should go undifferenced to the chief representative of the family." Here "chief" means "principal" or "head" which is the correct heraldic use.
Has chiefship of a clan, or chieftainship of a branch of a clan, apart from headship of an armigerous family, any significance in the law of arms? The existence of chiefship and chieftainship, as part of the political organisation of the Highlands, has been recognised by statute, as, for example, by the Act of 1587, cap. 59, which ordained any party harmed by oppressions or thefts" to require or caus require redres thairof at the cheiff of the clan or chieftane of the countrie wherein (his) saide guidis sal be ressett." Similarly, an Act of 1593 ordains sureties to be entered by "the chieftanis and chieffs of all clannis and the principallis of the brancheis of the saidis clannis duelland in the hielandis . . ." This has no relation to arms. The reference to "chief of clans" and "principals of branches is not to persons bearing coats of arms, but to persons who were vested with military power and authority in the clan organisation of the Highlands that existed in the sixteenth century. There is no evidence of any practice that would point to the use of "chief of clan," or "chieftain of branch of clan," as correct heraldic descriptions of headship of an armigerous family. The characters may, of course, concur in the same person, but, they are not identical. Thus, in the case of Stewart Mackenzie,{1922 S.C. (H.L.) 39.} the chief of the Seaforth Mackenzies in 1817, who was one of a junior branch, bore the arms of Allangrange [Maclean of Ardgour v. Maclean. 1941 Session Cases, p. 634-635].
The designation 'Chief of the Name and arms' is not specific to Scotland or Highland Clans and is simply a heraldic title given to the head of the elder branch of the armigerous family. Furthermore, Alexander Nisbit's source does not actually refer to Kincaids of that Ilk as Chief of the Name or Chief of the clan. The 'Birth-brieve' referred to relates to the 9 September 1646 record under the Great Seal of Scotland in regards to Andrew Monteith's ancestry. In Latin, it cites the following about his Kincaid ancestry (emphasis added):
Joanne Kinkedie filie Davidis Kinkedii (ex antiqua familia Kinkedie baronum in eodem agro, cujus familie dominus, ob fortem operam in arce Edinburgena ex Anglorum manibus sub Edw. I. armis vindicanda patrie navatam, ejusdem arcis constabularius fieri meruit, cujus muneris dignitas in eadem familia usque ad avorum memoriam permansit, et publice data in clypei gentilitii insignibus ejusdem arcis effigies non inhonestum monumentum a posteris hactenus conservatum est);... [Registrum Magni Sigilli Regum Scotorum: The Register of the Great Seal of Scotland A.D. 1634-1651. Ed. John Maitland Thomson. Edinburgh: H.M. General Register House, 1897. no. 1713, p. 644-646].
There is no reference to Chief of the name (nomen) or clan (gens). It is to the Lairds of the House pertaining to the barony of Kincaid.
Lord Wark, in Maclean of Ardgour v. Maclean 1941 S.C., states:
I agree with your Lordships that Lyon has no jurisdiction to entertain a substantive declarator of chiefship of a Highland clan, or of chieftainship of a branch of a clan. No instance of such a declarator was cited to us. The case of Cameron of Lochiel, {24th February 1795, Lyon Register, i, 567} is not, in my view, such a case. Nor is the case of Clan Chattan {Nisbet, System of Heraldry, 1742, vol. ii, App. p. 48} nor of Innes, {14th December 1698} nor of Drummond of Megginch {Lyon Register, vol. i, p. 456}. In the case of Macrae {22nd April 1909, Stevenson, Heraldry, ii, 465}, Sir James Balfour Paul observed : "I am not here to try the question of chieftainship. I am here to try the question of arms. I have really no jurisdiction in the question of chieftainship." It appears from his note that he was referring to chiefship of a clan by itself and not as incidental to a grant of arms. The question of chiefship of a Highland clan, or chieftainship of a branch of a clan, is not in itself, in my opinion, a matter which involves any interest which the law can recognise. At most, it is a question of social dignity or precedence. In so far as it involves social dignity it is a dignity which, in my opinion, is unknown to the law. It was decided in the case of College of Surgeons of Edinburgh v. College of Physicians of Edinburgh, {1911 S.C. 1054} that Lyon has no jurisdiction except such as is conferred by statute, or is vouched by the authority of an Institutional writer, or by continuous and accepted practice of the Lyon Court. It may be, as was argued by Mr Innes, that the opinion expressed by Lord Johnston that the origin of the jurisdiction of Lyon in matters of arms is the statute of 1592, cap. 29, is erroneous in fact. But that, if true, does not affect the principle of the judgment. And, in my opinion, there is no practice or precedent which entitled Lyon to decide a question of disputed chiefship or chieftainship, either by itself or incidentally to a grant of arms. There is direct authority, by way of precedent, for Lyon considering an acknowledged chiefship of a clan as incidental to a grant of arms with supporters. The case of Macnaghton {13th January 1818, Lyon Register, vol. ii, p. 172} is a case of that kind. But it is a different thing altogether to say that in a case of dispute Lyon has jurisdiction to determine and declare who is chief. For that no precedent has been cited to us. In my opinion, it is outwith his jurisdiction to decide because (1) at best it is a question merely of social status or precedence ; (2) this social status is not one recognised by law; and (3), and, most important of all, it depends, not upon any principle of law of succession which can be applied by a Court of law, but upon recognition by the clan itself. Like your Lordship, I am at a loss to understand how any determination or decree of Lyon ever could impose upon a clan a head which it did not desire to acknowledge. " It is a sound rule," said Lord President Inglis in Fraser v. Fraser and Hibbert, {(1870) 8 Macph. 400.} "that no Court should arrogate a jurisdiction which it cannot effectively exercise." If one goes back to the time when chiefship of a Highland clan was part of the system of local government and was recognised by law as such, it is, to my mind, little less than grotesque to suggest that the chief could be effectively designated and appointed by decree of the Lyon Court. And I see no reason to think that there is any wider power in Lyon now that the law no longer recognises any such office.
All the considerations to which I have adverted with regard to chiefship of a clan appear to me to apply to chieftainship of a branch of a clan. Moreover, there is this additional consideration that there is no precedent whatever for Lyon deciding such a question, or taking it into consideration in connexion with a grant of matriculation of arms. Like your Lordship, I desire to reserve my opinion as to whether even an acknowledged chieftainship of a branch of a clan is relevant to a claim for supporters. My present impression is that it is irrelevant inasmuch as it introduces a new, and minor, class of dignity, different from any of those embraced in the five categories to which I have referred [Maclean of Ardgour v. Maclean 1941 S.C.. p. 657-658].
Shortly after the Lord Lyon's Interlocator of 1 July 1959 in favour Alwyne Cecil Kincaid of Kincaid, he wrote to Olivia Brisbin of Lansing, Michigan, USA, and states the following:
I do apologise most sincerely for not having answered your letters, but I had hoped to be able to obtain certain information regarding the early history of the Kincaid family but this will, apparently take some time since the papers and family trees compiled by my uncle John, who was an authority on family history, cannot as yet be traced though it is possible that his grandson may be in possession of same [Alwyne C. Kincaid of Kincaid; P.O. Box 270, Mombasa Club, Mombasa, Kenya. Letter dated 14 October 1959 to Mrs. John Francis Brisbin, 1114 North Capitol Avenue, Lansing 6, Michigan, United States of America].
I only wish I could help you in the way of some `background`on the Kincaid of that Ilk but when my Uncle John died, our family records seem to have disappeared, though I still hope to be able to trace some of his manucripts and papers. As I shall be writing to various cousins for Xmas, I will take the opportunity of asking them one and all whether they can supply any history of the Kincaid family, so perhaps in the New Year I may be able to help a bit. ... From this it should be possible to trace something of the ancient family of Kincaid and I am proposing to write to Miss More on this matter, as in due course it may be possible to arrive at some sort of family tree [Alwyne C. Kincaid of Kincaid; P.O. Box 270, Mombasa Club, Mombasa, Kenya. Letter dated 25 November 1959 to Mrs. John Francis Brisbin, 1114 North Capitol Avenue, Lansing 6, Michigan, United States of America].
Alwyne Cecil Kincaid of Kincaid not long after acknowledges his lack of knowledge on the family of Kincaid of that Ilk to Major General J. Leslie Kincaid, D.S.O.:
Mrs. John Francis Brisbin must be a most remarkable woman for the amount of research work that she has put into tracing Kincaid in America AND the Kincaids of that Ilk in Scotland. She knows far more about my family antecedents that I do! [Alwyne C. Kincaid of Kincaid; P.O. Box 1203, Mombasa, Kenya. Letter dated 25 April 1960 to 160 East 48th Street, New York 22, N.Y., United States of America].
It is clear from the following that Alwyne Cecil Kincaid of Kincaid knew that Kincaids were not a recognized Highland Clan and the family did have a tartan. He took steps to get a Kincaid tartan design for his coat of arms.
You asked about the Kincaid tartan in your letter of the 20th October; I have written to the office of the Lord Lyon to find out what he has decided upon in this matter, for until such a time as "his lordship" gives his decision as to the correct sett, it will not be possible for the Herald Painter to produce the Kincaid Coat of Arms.
You will, I am sure, appreciate that both the Lennox and Kincaid families do not appear in the lists of Registered Tartans since the properties of both families now lie below the Highland Line and therefore we are not strictly a Highland Clan. This seems somewhat illogical, since no fewer than five of the present registered clans namely Colquhoun, Buchanan, Macaulay, Macfarlane and Mackinlay, all obtained grants of land from the ancient Earls of Levanax (Lennox). [Alwyne C. Kincaid of Kincaid; P.O. Box 270, Mombasa Club, Mombasa, Kenya. Letter dated 25 November 1959 to Mrs. John Francis Brisbin, 1114 North Capitol Avenue, Lansing 6, Michigan, United States of America].
The Lord Lyon has at last agreed on a design for the Kincaid tartan obtained from some old paintings of the Kincaid Arms on which it is featured. As soon as the final sett has been decided upon, I am arranging for a sample weave to be sent out here, so that I can inspect same. If satisfactory I shall arrange with a Scottish firm to reproduce the tartan in various "lines" which might be suitable for export to members of the Kincaid family in the States, such as ties, scarves etc. The Sett is in green, black and red, the colour green being predominant and of course, only members of the Kincaid family are entitled to wear the tartan [Alwyne Kincaid of Kincaid; P.O. Box 1203, Mombasa, Kenya. Letter dated 25 April 1960 to 160 East 48th Street, New York 22, N.Y., United States of America].
Alwyne Cecil Kincaid of Kincaid continued to correspond with Olivia Brisbin to reconstruct the Kincaid of that Ilk family tree and to foster the Clan spirit with Olivia Brisbin's new Kincaid Family Association. At her request, he prepared the following address for her family's Kincaid National Reunion.
Greetings to THE KINCAID CLAN.
I would wish to convey to all those attending this great Clan gathering, my sincere wishes to all and a happy and successful Third National Kincaid Reunion. It is my sincere regret that I am unable to be present at this clan gathering but, though live in East Africa, many thousands of miles away, my thoughts are with you on this great day and I only hope that inclement weather will not prevail to mar an otherwise happy gathering at Cove Lake State Park which must be a beautiful and ideal setting for a Reunion.
I am pleased {to} think that the name of your original ancestor John Kincaid is to be immortalized by the unveiling of a Cairn in his memory, but am grieved to hear of the death of Dr. Robert L. Kincaid who was to have been your guest speaker.
Finally I would comment to you Mrs. John Francis Brisbin, your Kincaid family Historian, who through her personality, energy and drive has been instrumental in the bringing together of the great family of Kincaids for this Third National Reunion. To her you all owe a great debt of gratitude for having collected and classified many of the Kincaids of America and also for her untiring efforts to collect and collate data on the Ancient History of the Kincaids of that Ilk and we shall all wish her every success in the production of her great work on the Kincaid family.
My greetings and all good wishes.
Alwyne Kincaid of Kincaid
Chief of the name of Kincaid. [Alwyne C. Kincaid of Kincaid; Mombasa Club, Mombasa, Kenya. Letter dated 25 June 1960 to Mrs. John Francis Brisbin, 1114 North Capitol Avenue, Lansing 6, Michigan, United States of America].
This is the first time Kincaids are known to have gathered as a clan with "Kincaid of Kincaid" their Chief. This was a gathering specific to one Kincaid branch; the descendants of John Kincaid of Fincastle, Tennessee, United States of America. Olivia Brisbin's Kincaid Family Association seems to have been unique effort. Not long after Alwyne enquires about the about lack of Kincaid Clan interest and he suggests sending personal letters to induce interest. He writes:
Are you the only family in the United States who take any interest in their Kincaid ancestory and do you think other branches might be induced to probe into their origins, if I were to send them a personal letter? It seems to me that you are a "lone crusader" in undertaking this great work and that you should receive both moral and financial assistance from, for instance, the millionaire Lexington Garvice Kincaid and many other wealthy Kincaids in the States [Alwyne C. Kincaid of Kincaid; Box 1203, Mombasa, East Africa. Letter dated 15 August 1960 to Mrs. John Francis Brisbin, 1114 North Capitol Avenue, Lansing 6, Michigan, United States of America].
Olivia's response gives a indication of the state of Kincaid clan affairs in the United States:
You asked if we are the only family in the States who take any interest in their Kincaid ancestry. The answer to this question is definitely No. There are many, many people who are working on their Family records, but largely within the United States. Few, if any, to my knowledge have succeeded in tracing an immigrant ancestor to a definite locality in Scotland. They are small clannish and close-knit group who can tell you all about their aunts, uncles and cousins and a few can identify their great-grandparents, but all of them are intensely proud of bearing the name of Kincaid. Most of them do not realize that they are just a small part of an immense Scottish Clan, now spread all over the world, which now has a Chief of the Name, in yourself. ... Your idea of writing a personal letter to some of these families is a tremendous one and I believe that it would do much in stimulating their interest and encouraging them toward further research on their ancestry. You could instill in them an even greater pride than they already have in being members of the Clan of Kincaid and a personal letter from you as Chief of the Name would be a treasured item in their Family Archives. Should you decide to do this, I can furnish many names and addresses and these people in turn can furnish others and so the news spreads [Mrs. John Francis Brisbin, 1114 North Capitol Avenue, Lansing 6, Michigan, United States of America. Letter dated 23 August 1960 to Alwyne Cecil Kincaid of Kincaid, Chief of the Name, P.O. Box 1203, Mombasa Kenya, British East Africa].
One can only conclude from the above, that the notion of Kincaids being a Scottish Gaelic Clan is a modern creation. It began when, on 2 June 1959, Alwyne Cecil Peareth Kincaid-Lennox petitioned to be recognized as Alwyne Cecil Kincaid of Kincaid, successor to John Kincaid of Kincaid's coat of arms matriculated in 1808. This was a heraldic matter independent of Kincaid of Kincaid genealogies. The heraldic designation Chief of the Name was improperly interpreted by Highland clan enthusiasts as Lord Lyon recognition of Alwyne Cecil Kincaid of Kincaid being Chief of the Kincaid Clan. This was something Alwyne was clearly eager to foster.
Peter Anthony Kincaid
Fredericton, NB, Canada
23 July 2010.