The Highland Clan Maclea, as it is known, is also referred to as the Clan MacOnlea, Clan Mac Dhunnshleibhe or the "highland Livingstone" clan.

“As to the antiquity of the name of McLea, it is generally thought that they are amongst the eldest of the Macks that came from Ireland to Scotland when the Scots first possest Scotland, and they are at this time so old that they are almost worn out. It is commonly reported that they came over from Ireland with the McDonalds who are reckoned to be amongst the eldest Macks in Scotland. I remember to have been in Company several years ago where McDugald of Dunollich whose ancestors were called McDugalds of Lorn or Lairds of Lorn, Lamont of Stealag who afterwards became Lamont of that Ilk, and McAlister of Tarbert, and several of these were present, where the said McDugald owned, by the best accounts that ever he had or had heard, that the McLeas were three hundred years older in Lorn than the McDugalds had been; and the reason why I mention this, is because that the McDugalds of Lorn were the greatest family of note and made the greatest appearance in the world in their time in Lorn …..” Extract from the McLea manuscript written by Mr. Duncan McLea, Minister at Dull, at Dull, Jan 3, 1743.

Origin of the Name

• Mac Dunsleibhe (Gaelic for "Son of Dunsleve")

It is generally agreed that the name Maclea derives from Mac Dunsleibhe. The eminent historian Niall 10th Duke of Argyll maintained that the M’leas or MacLeas name evolved from Maconleas; who were originally Mac Dhunnshleibhe. “The ‘d’ disappears through euphonistic elision in Gaelic”.

There are now considered two possibilities as to the MacLea ancestor:

• Dunshleibe Ua Anradhan
• Dunshleibe Ua Eochadha

Dunshleibe Ua Anradhan

Argyll wrote that it is quite possible that the eponymic progenitor of all the McDunslaves, Livingstones. etc., may be the Dunshleibe Ua Anradhan, the O’Neill prince who married a Princess of Dalriada, inheriting her lands of Cowal and Knapdale. Anradan was descended from Niall of the Nine Hostages, High King of Ireland in the fifth century.

Dunshleibe Ua Anradhan is known to have been the common ancestor of the Lamonts, the McEwens, the McLachlans, and the McSweens, which latter clan are identical with the supposed lost clan of McEwan of Otter.

Dunshleibe Ua Eochadha

An alternative theory is that the Coarbs of St. Moluag were closely related to the rigdamnai or Royal Family of Ulster and that the use of the name Mac Duinnshleibhe was a proud reminder and declaration of that fact.

According to Byrne the Ulaid rigdamnai alone used the name Mac Duinnshleibhe

“ So for instance when after 1137 the Dal Fiatach kingship was confined to the descendants of Donn Sleibe Mac Eochada (slain in 1091), the rigdamnai set themselves apart from the rest of the family by using the name Mac Duinnshleibhe (Donleavy)." John Francis Byrne, Irish Kings and High-Kings page 128.

It seems as though Ruaidhri Mac Duinnsleibhe was the last king of Ulidia dying at the end of the twelfth century . Rory, son of Dunsleve, is number 54 on O'Hart's roll of the kings of Ulidia and described as "the last king of Ulidia, and its fifty-fourth king since the advent of St. Patrick to Ireland."

In Irish Pedigrees – The Stem of the Dunlevy family, Princes of Ulidia, O'Hart says

“Tuirmach Teamrach, the 81st Monarch of Ireland had a son named Fiach Fearmara, who was ancestor of the Kings of Argyle and Dalriada, in Scotland: this Fiach was also the ancestor of MacDunshleibe and O’Dunsleibhe, anglicised Dunlevy, Dunlief, Dunlop, Levingstone and Livingstone. …

According to Dr O’Donovan descendents of this family (Cu-Uladh the son the last MacDunshleibe King of Ulidia), soon after the English invasion of Ireland, passed into Scotland, where they changed their name.”

DNA leads to Dunshleibe?

The Clan MacLea DNA project is attempting to help find answers to the Dunsleve question and many others.

If Dunshleibe Ua Anradhan is the progenitor, then the clan, especially the Chief, would be expected to show a link to Irish "Ui Niell" families. On the other hand if Dunshleibe Ua Eochadha is the ancestor then the Chief's DNA would be expected to be of a type more associated with Ulster and/or Argyll.

Luckily, a strong contender for the signature of the Ui Niell DNA has been identified by the Trinity College study of Irish DNA. More generally, the signature they discovered is strongly related to North West Ireland.

At present the strongest conclusion to be drawn so far is that, despite containing very many male lines, the clan seems to have no male line with the DNA signature associated with Ui Neill families in Ireland. Apparently many Irish families with "Mac Dunshleibhe" surnames do have such a DNA signature. Mac Dunshleibhe DNA.

However, many of the families in the clan, including the chiefly line, have a DNA type associated with Scottish clans, far more than Irish families. One such Irish family with a Dunleavy type surname was found by the Trinity College study of Irish DNA.

None of this is conclusive of course (for example this type of DNA study only tracks unbroken male lines, something which very few titled families have, and certainly not for as long as would be necessary in this case) but it may help indicate directions for further research.

The Lowland Livingstons

The term "highland Livingstone" is used in order to distinguish Maclea clan Livingstones from the many lowland families who carry the same surname. Most famously, there was a very powerful aristocratic Livingston family. The West Lothian town of Livingston, and the aristocratic lowland family, both take their name from a Dark Ages figure named Leving (Latin "Livingus"). He could conceivably have been a Gaelic speaker, but the leading theory now is that he was an Anglo Saxon or Continental (Fleming, Frank, Norman, or even Hungarian), who possibly arrived in Scotland with queen Margaret, wife of Malcolm Canmore.

This fascinating article from Highland Papers, Vol. IV, 1296 to 1752, third Series, Scottish History Society, pages 94 to 103 suggests a strong bond, if not an actual relationship between the Highland and the Lowland families.

What is or hath been the occasion of this, I cannot well tell, but it is very ordinary for the 'Livingstons' in the low Country to be very kind to the 'McLeas', and to reckon themselves to have come of the 'McLeas' in the Highlands, and it is alledged upon the Highlanders that for ordinary they have two names, as the McLea's have -- that of 'McLea' in the Highlands, and 'Livingston' in the low country. I remember to have seen one Malcolm McLea who at that time was called Callum Dall and begging, and who had been a Soldier at the battle of Philliphaugh where the Highlanders were defeat, and he being wounded and coming to the Callander, near Falkirk, as he was stragling homeward to the Highlands and begging, and being required what name he was of, answered that he was of the name of McLea; upon which the then Lord Callender (10) who also was Earl of Linlithgow and Livingston, ordered a Surgeon to be sent for from Falkirk, and he to be taken care of at the Callander and kept there for three-quarters of a year, until his wound was cured, and then sent him home to the Highlands and called his son, the then Lord Callander and Linlithgow, and told him that tho' their family at that time made a figure in the world, and that tho' the McLea's in the Highlands made no great figure there, yet that their family were descended of the McLea's in the Highlands, and that at whatever place he met with any of the name of McLea that he should always reckon them as his own name, Livingston, and that he should be kind to them.

One theory about the first usage of this surname is, in the words of Sir Ian Moncreiffe, in "The Highland Clans":-

James Livingston of Skirling apparently resided for a while at Achandun Castle on Lismore; and it was probably at this time that the Macleays adopted his surname. Since he was their then overlord, this was perfectly proper by Highland practice, and it had the advantage of being a neutral but powerful Lowland name that tactfully prevented them from having to choose otherwise between the three great Lorn surnames of Campbell, Stewart and MacDougall. So the little sacred clan of Macleays on Lismore became Livingstones.

This theory puts the first tentative use of the Livingston surname by the clan around the time of the Dunavertie or Dunaverty massacre. It may well have been helped along by political convenience (allying with this lowland power may have helped the clan avoid having to take sides in the often brutal conflicts of the major clans of the region) as well as folk-etymology. To see how, note that the Gaelic name of the town Livingston is "Baile Dhun Leibhe" while the traditional name of the clan is Mac Dhunnleibhe. In this translation, the celtic word "dun" is correctly being seen as an equivalent to the Anglo-Saxon word "ton" (town). Presumably someone went one step further and decided that either the Mac Dhunnleibhes came from this city or Baile called Dhun Leibhe, or that the town had been founded by one of their clan, perhaps their founder?

In the 18th and 19th centuries, use of the Livingstone surname became more dominant within the clan, having originally been a surname only used when travelling in English speaking territories (like Glasgow or Edinburgh). For example it is used by the current Barons of the Bachuil, perhaps leading the way for all clan members still living near Lismore.

Before the change to Livingstone, the surname Maclea was more dominant, and in even older documents MacOnlea is seen. It should be kept in mind that by the time Livingstone had become a popular, many highlanders had emigrated to America, England, lowland Scotland and Ireland, which is how the old forms of the name have been preserved in many families.

Famous Clan Members

The most famous member of the clan MacLea is probably the missionary Dr David Livingstone who was known for his exploration into inner Africa, his opposition to slavery. He is less known for his more specific political proposals such as to increase free trade with Africa as a remedy to slavery.

Motto

• Cnoc Aingeil (Literally - Hill of Fire - but refers to the bronze age burial mound behind Bachuil where the bodies of the kings of the Western Picts were cremated.)
• Ni Mi E Ma's Urrain Dhomb (Literally - I will do it if I can. This is a play on the Lowland Livingston Motto Si Je Puis)

Battles

• Kerneburgh. 1354. The McDougalls forfeited most of their lands when they were caught up in the blood feud supporting Balliol (to whom they were related through intermarriage with the Comyns) against Robert the Bruce. In 1354 however some of these lands were restored when John McDougall of Lorn married Robert the Bruce's granddaughter. In an agreement between John of Lorn and John of the Isles made in that year it was agreed that until John of Lorn delivered the Castle of Kerneburgh (I suspect this is the fortress of Cairnburgh in the Treshnish Isles to which the Macleans later retired when Duart became untenable) to John of Isla, Lord of the Isles, he should give him three hostages, including a lawful son of John MacMolmari, (Maol Mari means the tonsured of the Blessed Virgin Mary) or of another good man of his clan.

• Bealach nam Broig. 1452. The McLeas of Achilty were overwhelmed in the Great Battle of Bealach nam Broig in 1452. "A desperate skirmish, which took place some time before this, at Bealach nam Broig, "betwixt the heights of Fearann Donuil and Lochbraon," was brought about by some of Kintail's vassals, instigated by Donald Garbh Maciver attempting to seize the Earl of Ross, but the plot having being discovered, Maciver was seized by the Lord of the Isles' followers, and imprisoned in Dingwall. He was soon releawsed, however, by his undaunted countrymen from Kenlochewe, consisting of Macivers, Maclennans, Macaulays, and Macleays, who, by way of reprisal, pursued and seized the Earl's son at Balnagown, and carried him along with them. His father, Earl John, at once apprised the Lord Lovat, who was then His Majesty's Lieutenant in the North, of the illegal seizure of his son, and he at once dispatched [sic] northward two hundred men, who, joined by Ross's vassals, the Monroes of Fowlis, and the Dingwalls of Kildun, pursued and overtook the western tribes at Bealach nam Broig, where they were resting themselves. A desperate and bloody conflict ensued, aggravated and exasperated by a keen and bitter recollection of ancient feud and animosities. The Kenlochese men seem to have been almost extirpated. The race of Dingwall was actually extinguished, one hundred and forty of their men having been slain, and the family of Fowlis lost eleven members of their house alone, with many of the leading men of their clan.

• Pinkie Cleugh. 1547. Clan MacLea/Livingstone allegedly fought the English at the Battle of Pinkie Cleugh 1547, but no documented evidence has yet been found to support this theory.

• Achnacree. 1557. The McLeays of Achnacree were almost wiped out, losing 80 men supporting the MacDougalls of Lorn against the Campbells of Inverawe in a clan battle. McLea Manuscript, Highland Papers, Vol. IV, 1296 to 1752, third Series, Scottish History Society, pp 94 to 103.

• Dunaverty. 1647. Many of the clan MacLea seem to have been killed when they took the side of the MacDougalls against the Campbells of Inverawe, a conflict exemplified by the "massacre of Dunaverty". Placed prominently at the top of the second column of a list of those massacred at Dunaverty, 1647, supporting the MacDougalls were these McLeas: Iain Mc Iain Vc ein dui alias Mc onlea, Dunsla M'ein Vc onlea and Iain M'onlea, his brother, (Highland Papers, II, p. 257).

• 1715 Rising. Dr David Livingstone maintained that and that his great-great-grandfather died 'fighting for the old line of kings'.

• 1745 Several Livingstones/ Macleas fought in the Appin Regiment. Donald Livingstone, Bun-a-mhuilinn, Morvern, was of the Livingstones of Achnacree, Benderloch and was 18 when he fought at Culloden saving the Appin Standard

Pipe Music

• "Fagail Liosmor - Leaving Lismore"
• "An t-Eilean Aluinn - The Beautiful Island"

Crest

• a demi-man representing the figure of Saint Moluag Proper, his head ensigned of a circle of glory Or, having about his shoulders a cloak Vert, holding in his dexter hand the great Staff of Saint Moluag Proper and in his sinister hand a cross crosslet fitchée Azure

Tartans

• Livingstone International Tartan Index No: 001003
• Livingstone Dress Tartan Index No: 000650
• Livingstone / MacLay International Tartan Index No: 001488

Plant Badge

• The Flower of the Grass of Parnassus (Parnassia Palustris) - St. Moluag's favourite flower.

Arms

• Quarterly, First Or, a lion rampant Gules, Second and Third Argent, a dexter hand couped at the wrist Gules, holding a cross crosslet fitchée Azure, Fourth Or, in chief a salmon naiant Proper, in base three bars wavy Azure. Behind the Shield are placed in saltire two Bachuils within their cases Or, jewelled Gules, being the insignia of the said John Livingstone of Bachuil, Coarb of St Moluag, Baron of the Bachuil, as Heritable Keeper of the Bachuil, behind which is draped his baronial mantle Gules doubled of silk Argent, fur-edged of miniver and collar Ermine and fastened on the right shoulder by five spherical buttons Or;
• above the Shield is placed a chapeau Gules furred Vair (in respect of the Barony of the Bachuil the tenure of which is analogous to "par le grâce de Dieu");
• thereon an Helm befitting his degree with a Mantling Gules doubled Or, and on a Wreath of the Liveries is set for Crest a demi-man representing the figure of Saint Moluag Proper, his head ensigned of a circle of glory Or, having about his shoulders a cloak Vert, holding in his dexter hand the great Staff of Saint Moluag Proper and in his sinister hand a cross crosslet fitchée Azure,
• and in an Escrol over the same this Motto "CNOC AINGEIL";
• and on a compartment embellished of the flower of the Grass of Parnassus (Parnassia Palustris) Proper along with this Motto "NI MI E MA'S URRAIN DHOMH" are set for Supporters two stags rampant Proper attired, collared and chained Or;

Standard

• and for his Standard three and a half metres long split at the end of two tracts Gules and Or having his said Arms in the hoist with his Crest in the centre compartment and a flower of the Grass of Parnassus (Parnassia Palustris) Proper, being the proper plant badge of the Highland Clan McLea, in the first and third compartments with this Slogan "CNOC AINGEIL- in letters Sable on two transverse bands Or;

Pinsel

• and for his Pinsel 135 centimetres long and 60 centimetres high Argent, bearing upon a Wreath of his Liveries Gules and Or his said Crest within a strap of leather Proper buckled and embellished Or inscribed with the Motto "CNOC AINGEIL" in letters of the field all within a circlet Or, fimbriated Vert, bearing his title Livingstone of Bachuil in letters Sable, the same ensigned of a chapeau Gules furred Vair, and in the fly on an Escrol Sable surmounting a flower of the Grass of Parnassus (Parnassia Palustris) Proper the Slogan "CNOC AINGEIL" in letters of the field;
• Quartered in these arms are three ancient emblems, the lion symbolic of the descent from the Scottish Kings of ancient Dal Riada, the cross crosslet fitchée Azure of St Moluag, and the mysterious salmon.

Chief

• Alastair Livingstone of Bachuil, Chief of the Highland Clan MacLea, Coarb of St Moluag, Hereditable Keeper of the Great Staff of St Moluag, Baron of the Bachuil ‘by the Grace of God’ Alasdair Mconlea na Maconlea agus Bachuil, Baran a’ Bhachuill – so recognised by the Lord Lyon King of Arms

Lyon Court Judgement

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

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

In the Case of Livingstone of Bachuil on 21st December 1950 (published in Scots Law Times, December 29 1951), the Lord Lyon King of Arms found in fact, inter alia:

• That the co-arb of a Celtic abbot was heir of the abbot in his ecclesiastical functions and abbatical mensal territory.

His Lordship found in law.

• That the petitioner, as heritable Keeper of the Bachuil Mor, alias Bachuil Buidhe, viz. the pastoral staff of St Moluag, is co-arb of St Moluag.
• That as co-arb of St Moluag and heritable Keeper of the Bachuil Mor of St Moluag, the petitioner is Baron of the Bachuil in the Baronage of Argyll and the isles.

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

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

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

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

Sir Crispin Agnew of Lochnaw Bt., Rothesay Herald is a leading expert on this subject and he wrote an article Clans, Families and Septs in 13th August 2001 where he stated:

Sir George MacKenzie of Rosehaugh, the Lord Advocate (Attorney General) writing in 1680 said "By the term 'chief' we call the representative of the family from the word chef or head and in the Irish (Gaelic) with us the chief of the family is called the head of the clan. So it can be seen that all along the words chief or head and clan or family are interchangeable.

As discussed below under 1544 Charter in 1951 the Lord Lyon had major reservations about some aspects of the case, in particular the relationship between the Coarbs of St Moluag and the temporal authorities. It was decided to address these issues at the same time as seeking recognition as Chief of the Clan MacLea. In the case of Livingstone of Bachuil 21 July 2003 (published 15 October 2004 in the Scots Law Times)

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

The Lord Lyon King of Arms held that:

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

and a prayer granted in the terms of the decision.

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

'The Lord Lyon King of Arms (R O Blair)'

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

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

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

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

Niall Livingstone of Bachuil, yr, next in line to be chief of the clan, states that "Lyon has inserted the word Highland as there are Macleas in Ayrshire that we have not had time to investigate".

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

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

Baron of the Bachuil

According to page 50 "The Oldest: A Fascinating List of Britain's Oldest Everything" by Julian Calder and Alastair Bruce, the Baron of Bachuil is Britain's "oldest title".

The great antiquarian Niall Campbell, Duke of Argyll claimed that the Baron a Bachuil was ‘the oldest peer in the realm, being a Baron of the kingdom of the Scots of Dalriada’. The Livingstones of Callender, Edwin B Livingstone, Edinburgh University Press, p 417”

The Scottish parliament was careful, in 1556, to remind the Crown and nation that the title King of Scots denoted that the sovereign was essentially, and at common law, a personal Ard-Righ, not territorially King of Scotland.

In the "Robes of the Feudal Baronage of Scotland" (27th Oct 1945) Proceedings of the Society of Antiquaries of Scotland, Vol. 79, Sir Thomas Innes of Learney, then Lord Lion King of Arms, wrote:

“The baronage is an order derived partly from the allodial system of territorial tribalism in which the patriarch held his country under God, and partly from the later feudal system - which we shall see was, in Western Europe anyway, itself a developed form of tribalism - in which the territory came to be held off and under the King in an organised parental realm.

“It [Baron] is a title superior to 'miles' (Knight, in the feudal sense, which is to be distinguished from the later Eques Auratus), and whilst a baron usually held his baronial fief feudally, instances arise of Barons par le Grace de Dieu - nobles who, of evident baronial status, held allodial fiefs, ie by ancestral family occupation, by no grant from, nor as vassals to, any Prince, in respect thereof.

“Such considerations all bear out Craig's views that the title of Baron in Scotland was first applied to those who were Capitani Tribum, and that feudalism (or anyway an organisation which would now recognised as synonymous with it) existed in Scotland prior to the Norman conquest in England.” The Robes of the Feudal Baronage, Sir Thomas Innes of Learney p133

Squirrel fur or vair, heraldically represented as blue and white ‘greys’, was the fur associated with the allodial sire or ‘Baron par le Grâce de Dieu’.” (Sir Thomas Innes of Learney writing in The Robes of the Feudal Baronage p. 133). Thus the chapeau is furred vair to indicate the Barons of Bachuil are Barons par le Grâce de Dieu.

Clan Seat

• Bachuil, Isle of Lismore, Argyll, Scotland

Bachuil is named after the Bachuil Mor or Great Staff of St Moluag who arrived on Lismore in 692. The clan is centred on the old abbey lands of Lismore and Appin.

Branches

• Livingstone/MacLea of Achnacree

This family seem to have been the principal cadets owning substantial tracts of land on the North Shore of Loch Etive from Achnacree at the Mouth of the Loch in Benderloch right up to Dalness, near Glencoe. This land is terminated by the massive Buachaille Etive More. Two versions of how they were lost are given by Lord Archibald Campbell in Records of Argyll, pp. 114-17 .

• Livingstone/MacLea of Lochnell

The forty merk land of Lochnell belonged to McLea of Lochnell who, not having issue of his own, disponed his Lands of Lochnell to a son of the family of Argyle who was called John Gorm Campbell. This was a substantial tract of land amounting to approx 8 square miles.

• Livingstone/MacLea of Achnacloich

A McLea of Stonefield (on the South Shore Loch Etive formerly called Achnacloich) in Muckairn who, wanting children, gave his lands to a son of Campbell of Lochnell's who was fostered in the house.

• McLea of Lindsaig

On 26 December 1634 Archibald M'Enlay obtained from Lord Lorn a precept for infefting him in the six merk land of Lindsaig (in Cowal - Overlooking Loch Fyne near Otter). The McLeas of Lindsaig are descended from the McLeas of Achnacree.

• McLea of Ach na skioch

The five merk land of Achnaskioch (Cowal) was held by a family of surgeons, who had for several generations had been Physician in Ordinary to the Family of Lamont of Inveryn. According to the Irish genealogies, the clan Lachlan, the Lamonds, and the MacEwans of Otter, were kindred tribes, being descended from brothers who were sons of Dedalan and tradition relates that they took possession of the greater part of the district of Cowal, from Toward Point to Stacher at the same time; the Lamonds being separated from the MacEwans by the river of Kilfinan, and the MacEwans from the Maclachlans by the stream which separates the parishes of Kilfinan and Strath Lachlan.

• McLea of Strathconnon

An Earl of Seaforth married the heiress. According to some sources they migrated there from Appin in the early fifteenth century. The main lands were lost when a McLea of Strathconnon died leaving no sons and the Earl of Seaforth married the heiress. The McLeas of Achilty were overwhelmed in the Great Battle of Bealach nam Broig in 1452.

Clan/Abbey Lands

According to Professor GWS Barrow, Appin literally means “the jurisdiction of, and hence territory owned or ruled by, an ab or abbot, chief dignitary of a monastic community”.

The Lismore Abbey lands were once very extensive and included the ancient parish of Lismore which embraced Appin (the Abbey Lands), Eilean Mund (the parish of Eilean Mund covered a large section of Inverness-shire, including Onich, Mamore, and seven merklands and a half of the lands of Glennevis, (the boundary approximating to the course of the burns Altkeiran, Treig, and Nevis) and Kingairloch and Morvern districts. (It was not until 1891 that the Boundary Commission transferred the Kingairloch and Morvern part of the parish of Lismore to that of Kilmallie.)

The lordship of Lorn now totals 700 merks of land. Lismore itself comprises 80 merks. Taking into account the lands around Loch Etive, described below in the section on Cadets, it looks as though the clan had a very substantial portion of the lands of Lorne – well in excess of a third.

Although at one time the clan lands were extensive they were largely acquired by Campbell’s in the sixteenth century. Many Livingstones and McLeas still live in the area.

History

Dalriada

Scots Dalriada was originally founded by Fergus Mor (sometimes called Mac Nisse Mor), son of Erc. With his two brothers Loarn and Angus he came from Irish Dalriada in the end of the fifth century. The Cinel (tribe of) Loarn possessed the district of Lorn, which takes its name from them and extends from Loch Leven to the point of Ashnish.

Skene argues that “The northern boundary appears to be represented by a line drawn from the mouth of' Loch Leven through the district of Morvern, separating the old parish of Killiecolmkill from that of Killfintach, then on through the island of Mull by the great ridge of Benmore, and then by the islands of Iona and Colonsay to Isla, where it separated the eastern from the western districts of the island.” W.S. Skene, Volume I, Church and Culture, p. 228

In 560 King Brude of the Northern Picts had given the Dalriads a drubbing, pushing back the borders of the Cinel Loarn to the Oban area.

St Moluag

According to the Irish Annals, in 562 Saint Lughaidh, better known by his pet name of Moluag, beat St Columba in a race to the large island of the Lyn of Lorn in Argyll. Now called the Isle of Lismore it was the sacred island of the Western Picts and the burial place of their kings whose capital was at Beregonium, across the water at Benderloch. Moluag was an Irish noble of the Dál nAraide who trained with St Comgall at Bangor (co. Down). Moluag was an Irish Pict, closely allied to the Dalriads, so it is assumed he was able to move into this border region with the approval of both King Brude and the Cinel Lorn.

There are various Irish forms of the name, such as Lughaidh, Luoc and Lua. Latinized they become Lugidus, Lugadius and Luanus. The name, as it has come down the centuries, Moluag or Moluoc, is made up of the honorific mo, plus the original name Lughaidh, pronounced Lua, plus the endearing suffix -oc. From Lismore St Moluag went on to found two other great centres in the land of the Picts at Rosemarkie and Mortlach. These were his three centres of teaching, and it is significant that all three were to become the seats of the Roman Catholic Sees of the Isles, Ross and Aberdeen.

Moluag is also credited with founding one hundred monasteries over which he had absolute jurisdiction. Many of these, such as Clova and Alyth, were in Pict territory. The Annals tell us that Saint Comgall of the Dál nAraide, another Irish Pict, presented St Moluag to King Brude of the Northern Picts to obtain his authority for the mission. This authority was to operate in Brude’s northern kingdom.

Under Brehon law where the monastery was said to have consisted of 3,000 monks, the tribe itself merged in the Church, i.e. to become independent of the King. Moluag, the founder of a hundred monasteries, would have had absolute jurisdiction over these monasteries “acknowledging no earthly authority or hierarchy” and ranked as a ri, his monks and all their dependants answering to him alone.

Coarb of St Moluag

The Coarb (successor) of St Moluag was the Abbot of Lismore and the abbots of the 100 monasteries which emanated from St Moluag followed the rule of the Coarb.

As stated above in the Lyon Court Judgement, in the Case of Livingstone of Bachuil on 21st December 1950 (published in Scots Law Times, December 29 1951), the Lord Lyon King of Arms found in fact, inter alia:

• That the co-arb of a Celtic abbot was heir of the abbot in his ecclesiastical functions and abbatical mensal territory.

His Lordship found in law.

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

The Lord Lyon in 1951 found that the “The Coarbs … of St Moluag have come down through the centuries … ‘acknowledging no earthly authority or hierarchy’. In my view … the Bachuil lands had no feudal superior in the Middle Ages … And the Baron of the Bachuil at first, like certain old French barons, was in the nature of a ‘baron par le Grâce de Dieu’.” Scots Law Times, December 29 1951.

In feudal times administration was devolved to the barons’ courts which dealt with all civil and criminal justice except for the four pleas of the crown which were reserved to the king’s sheriff courts. Some courts had more extensive powers and were known as Courts of Regality as they had powers co-equal with the crown. The king’s officers held no jurisdiction in these lands unless the charge was one of treason. It is notable that the great religious centres of Abernethy, Dunfermline, Dunkeld, Iona (Icolumkill), Kinloss, Lindores (Lindoirs), Melrose, Pluscarden, St Andrews, and Urquhart were all Courts of Regality.

The Annals of Ulster show that Moluag died in 592 and that he was succeeded by St Neman who was in turn succeeded by St. Eochaidh who died on the 17th of April 634. From this point there is potential for confusion as the Annals of the Four Masters now have this entry: “M636.2 St. Mochuda, Bishop of Lis Mor and Abbot of Raithin Rahen, died on the 14th of May.” This is Lismore in Eire and there is a degree of uncertainty in a few cases as to which Lismore is talked about thereafter. However, the annalists have made great efforts to minimise any confusion, generally referring to Lismore in Ireland as Lis Mor Mochuda, whenever there may be doubt. The Annals note the deaths of the abbots until about 957 when the records peter out due to the depredations of the Vikings.

“The church of this period must be viewed as consisting rather of different groups of monasteries, founded by the respective saints, either bishops or presbyters, of the second order, each group recognising the monastery over which the founder of the group personally presided, or which possessed his relics, as having jurisdiction over those which emanated from him and followed his rules. It was thus not one great ecclesiastical corporation, but an aggregate of separate communities in federal union. Secondly, that the abbots of each monastery, whether bishops or presbyters, were not elected by the brethren forming the community, but succeeded one another by a kind of inheritance assimilated to that of the tribe.” W.S. Skene, Volume II, Church and Culture, p. 66.

Somerled

In 1098 Malcolm (Canmore) III of Albany ceded to Norway all the land to the west of Scotland around which Magnus Barefoot of Norway could sail his ship – this included the Mull of Kintyre. In the early 12th century Somerled drove out the Vikings and acquired the Kingdom of Argyll (technically a regulus or sub-kingdom under the very nominal paramountcy of the Kings of Scots) and took the Kingdom of the Isles (under the nominal paramountcy of the King of Norway). The Argyll kingdom included Lorn together with Lismore and Appin (its Abbey Lands).

Somerled was a supporter of the Celtic Church (Malcolm’s Queen, St Margaret, was an opponent who introduced Roman clergy) and did his best to persuade the Coarb of St Columba to return to Iona, as reported by the unknown author of The Annals of Ulster describing the events of 1164 —

“Select members of the Community of Ia, namely, the arch-priest, Augustin and the lector (that is, Dubsidhe) and the Eremite, Mac Gilla-duib and the Head of the Celi-De, namely, Mac Forcellaigh, and select members of the Community of Ia besides, came to ask the successor [Coarb] of Colum-cille, namely, Flaithbertach Ua Brolchain to accept the abbacy of Ia, by advice of Somharlidh and of the Men of Airthir-Gaedhel and of Insi-Gall; but the successor of Patrick and the king of Ireland, that is, Ua Lochlainn and the nobles of Cenel-Eogain prevented him.”

On his deathbed an Abbot would nominate his successor - within the rules of Tanistic succession. The right of hereditary succession was hereditary in the family but elective in the individual so the abbot could choose anyone from the derbhine as successor. When a Saint founded a Monastery the two tribes involved were in the Brehon Laws termed respectively the Fine Grin, or Tribe of the Land and the Fine Erluma, or Tribe of the Saint.

“The tribe of the Saint shall succeed in the Church as long as there shall be a person fit to be an abbot of the tribe of the saint, even though there should be but a psalm-singer of these, it is he that will obtain the abbacy. Where this is not the case it is to be given to the tribe of the land until a person fit to be an abbot, of the tribe of the saint, shall be found; and when he is, it is to be given to him if he be better than the abbot of the tribe of the land who has taken it. If he be not better, he shall take it only in his turn. If a person fit to be an abbot has not come of the tribe of the saint or of the tribe of the land, the abbacy is to be given to the tribe of the monks (Fine Manach), until a person fit to be an abbot, of the tribe of the saint or of the tribe of the land, shall be found; and where there is such, he is preferable.” WS Skene, Volume II, Church and Culture, p. 67ff.

The cross crosslet fitchée as used in the West Highlands is the totem of St Moluag, the founder of 100 monasteries. This is why it appears in the Livingstone of Bachuil arms – this family being Coarbs of St Moluag. Domlig or Cuduilig (the Hound of Leaves), an Abbot of Lismore circa 1150, was the founder of the Macleans of Duart and Morvern and this is the reason this symbol appears in the Duart and Morvern arms too.

On Somerled’s death, his descendants, the MacDougalls and MacDonalds, both took as their crest an armoured hand holding the cross crosslet fitchée, this representing their temporal role as defenders of the faith.

1544 Charter

A very curious document purports to be a Charter of Confirmation to John McMolmore Vic Kevir from Archibald, the son of Archibald, Earl of Argyll, on 9th April, 1544.

1. It confirms the grant of lands ‘as freely as the father, grandfather and great-grandfather and other predecessors of the said John, held the lands of our predecessors, Lords of Lorn’ but raises more questions than answers. This phrase was often used to indicate from time immemorial, but the four generations referred to would account for at least 120 years – so on the most conservative estimate the lands had been held since c1420. It claims that the lands were held from the Lords of Lorn, not the Earls of Argyll. The earldom of Argyll was only created in 1457.
2. The second issue is whether these lands were ever part of the lordship of Lorn. In the sixteenth century barony lands and lordships were not necessarily contiguous. The lands could be widely scattered with parcels here and there. According to Professor GWS Barrow Appin literally means “the jurisdiction of, and hence territory owned or ruled by, an ab or abbot, chief dignitary of a monastic community in the pre-twelfth century Celtic Church”. The Coarb of St Moluag will have ruled this land, which at one time was very extensive including the ancient parish of Lismore which embraced Appin. It is unlikely therefore that the abbey lands were ever within the Lordship of Lorn. Of particular significance is the fact that there was no resignation in the 1544 charter. If Argyll had been feudal superior, the lands would have been resigned to him and then re-granted. In 1951 Lyon's judgement was clear. “The Coarbs … of St Moluag have come down through the centuries … ‘acknowledging no earthly authority or hierarchy’. In my view … the Bachuil lands had no feudal superior in the Middle Ages ” Scots Law Times, December 29 1951 see Coarb of St Moluag above and further comments later in this section.
3. But most interesting of all is that this is a confirmation in frankalmoign. Once a grant is given in frankalmoign it cannot be confirmed. A grant of frankalmoign is to God and therefore in mortmain and the original granter is unable to intercede or give any grant of confirmation thereafter as illustrated by Blackstone below.

The 1544 grant of confirmation is “in puram et liberam elimosynam” which translates literally into “in pure and free alms” and is a grant of frankalmoign. This was considered the most exalted of grants and was generally a duty to pray for the granter's soul. Lands held under frankalmoign were subject only to ecclesiastical courts and enjoyed other benefits.

“Gifts to the religious in free alms were defined as being primarily to God, then to the saint of the patrimony of the religious house, and then to the earthly persons serving God there”.

[The Charter of 1544 follows this format exactly “in honour of God Omnipotent, the blessed Virgin, and Saint Moloc, our patron, have mortified and by the present writing confirmed, to our beloved pursuivant, John McMolmore Vic Kevir”]

“Several consequences flowed from that statement:

1. the religious could recognise no secular lord;
2. the gift, being primarily to God and the Saint, and in wider terms the Church, was inalienable, and thus in mortmain;
3. since the relationship between earthly persons, grantor and religious, was only secondary, no tenurial relationship was possible.”

Blackstone's Commentaries on the Laws of England

“V.TENURE in frankalmoign, in libera eleemosyna, or free alms, is that, whereby a religious corporation, aggregate or sole, holdeth lands of the donor to them and their successors forever. The service, which they were bound to render for these lands was not certainly defined; but only in general to pray for the souls of the donor and his heirs, dead or alive; and therefore they did no fealty, (which is incident to all other services but this) because this divine service was of a higher and more exalted nature. … And, even at present, this is a tenure of a nature very distinct from all others; being not in the least feudal, but merely spiritual.”

All this supports Lord Lyon Sir Thomas Innes of Learney’s view that the Coarbs had no superior. Scots Law Times, December 29 1951

“a so-called ‘charter’ from Archibald, Master of Argyll, on behalf of his father, the Earl of Argyll and Lord of Lorne, in favour of their signifier, viz. pursuivant (not " standard bearer ") John Mc Mollemore vic Evir, dated 9th April 1544. This confirmed the lands along with the keeping of the Bachuil …..which are declared to have been held by the father, grandfather, great-grandfather and other predecessors of the said John. The instrument is therefore one of confirmation for it contains no resignation and constitutes evidence of immemorial heritable possession of the lands and the keeper- ship of the staff.”

He continues: “Now the essence of the character of a Coarb, demonstrated by Professor Coulton and by the subsequent history of both the Quigerich and the Bachuil, is that these successors, the "heirs" or Coarb of St Moluag and St Fillan have themselves come down through the centuries also "acknowledging no earthly authority or hierarchy". That, in my view, is why the Bachuil lands had no feudal superior in the Middle Ages and why the tenure was essentially analogous to that which was also characteristic of the glebe until the Act of 1925. And the Baron of the Bachuil at first like certain old French barons, was in the nature of a "baron par le grâce de Dieu". No evidence is adduced that the Bachuil and Bachuil-land were ever held “of or under " the Bishop of Lismore, and I do not believe that this was the case. In my view it would have been incompatible with the fundamental nature of the thing, and of being the Coarb of the Saint. The same evidently applies to the Quigerich of St Fillan : it was indeed declared independent.”

In summary it can be seen that:

• the 1544 charter indicates possesion since time immemorial
• a grant in frankalmoign, in libera eleemosyna, or free alms, once given, ends in perpetuity any tenurial relationship between grantor and religious and that it is therefore impossible for the grantor to confirm it. He is no longer in any position so to do.

It is clear therefore that Argyll, at a time when the reformation is ripe in England and church lands are being plundered, is trying to annex the Abbey lands. He has a great appetite for land as can be seen in his claim to be the feudal superior of Cameron of Lochiel.

Evolution of surnames like MacLea from Mac Dunsleibhe (son of Dunleavy)

The leading theory about the history of the older surnames, MacOnlea and MacLea and their variants, was first proposed by a Duke of Argyll, Niall D. Campbell, in 1910, based upon the study of names in old Argyll rentals and is as follows:

Stage 1. Mac (son of) Dun sleibhe or MacDunshleibhe. Dunshleibhe was a personal name, with components seemingly meaning "Brown" (often used in old names to distinguish a brown haired person from someone with the same name) and "Mountain". The name is thought to have come from the Ulster region of northern Ireland, where it was used by kings. Note that Gaelic "bh" sounds similar to English "v". The "s" would normally be dropped. The normal Anglicisation of this name is Donleavy.

Stage 2. Variants such as Mac Dunleavy, Donslae, or Donleavis (1514 "clan McDonleavis" gave manrent to Sir John Campbell of Caldor or Cawdor)

Stage 3. Once the name was understood as one surname, rather than two words (Mac and Dunleavy), the D would have been dropped. Note how Mac Domhnaill (Macdonald) could become McConnell, and Mac Dhai (son of David) could be MacKay. Variants appear in the historical records such as Mac Onleif or Mac Conleif or Mac Collef.

Stage 4. Variants such as Mac Onlea, Mac Collea become more common by the 17th century. Probably some people with surnames like Mac Conley, Mac Inlay, McCauley, McColly also descend from the clan. (Something that DNA evidence is now confirming to be probable.)

Stage 5. Mac Lea with its various spellings (McClay, MacLeay etc) became the standard surname used in the clan by the 18th century, before many of them switched to Livingstone.