Gary Rutherford Harding states that:
“The Rutherfords of Tyrone, Down and Monaghan counties all descend from one common ancestor; Captain James Rutherford of the Scottish Brigade in Holland.”
And further:
“The Scots-Irish Rutherfords descend from four brothers who were banished from Scotland to Ireland about 1689 for their Presbyterian beliefs. They are the sons of Capt James Rutherford and nephews of Rev Samuel Rutherford of Anwoth and St Andrews, Scotland. At least two of them were in the army in support of William of Orange in 1690. And two of them were Presbyterian ministers. The sons:
- Rev John Rutherford settled in co Down in Newry [Wigton-Walkers of Virginia]
- Rev Samuel Rutherford settled in County Monaghan [Rutherfords of Trenton New Jersey and Cub Creek, Virginia]
- Robert Rutherford settled at Oritor, County Tyrone [his son Robert also lived at Oritor.]
- unknown “Captain” Rutherford settled at Derryloran, Cookstown, County Tyrone. [Rutherfords of Paxtang, Pennsylvania]
Robert Jr’s son Thomas Rutherford, b. 1707 emigrated circa 1729 to Pennsylvania, settling at Paxtang.
Captain James “Jheemes” Rutherford of the Scots Brigade in Holland
524 James Rutherford, Officer in the Dutch Service, probably a son of either Andrew Rutherford of Nether Nisbit or William Rutherford of Nether Nisbit, b. about 1605, Nisbit, Scotland.
525 Unnamed Rutherford of Tyrone County, Ireland
526 Samuel Rutherford of Monaghan County, Ireland
527 John Rutherford of Down County, Ireland
Captain James Rutherford is believed to have been born in abt. 1605 CE, in the village of Nether Nisbet, parish of Nisbet (which merged with parish of Crailing in 1606), near Jedburgh, Roxburghshire, Scotland, the son of William (or his brother Andrew) Rutherford, farmers and millers.
James, and his brothers Samuel and George, are determined as the grandsons of William Rutherford of Littleheuch (c.1545–c.1620 m. Haufie Ker) the founder of the Littleheuch branch of the ancient Rutherford Hunthill line of Roxburghshire.
There is no baptism record for James, so the primary evidence for James’s existence is:
James Rutherford (James Rodersort) in the Scots Brigade was taken prisoner at Calloo in 1638:
Marriage to Margariet Gleetseel on 24 Nov 1639
Jheemes Ridderfort of Scotland and Margariet Gleetseel had their banns published in ’s-Hertogenbosch and Woudrichem in the Province of Noord-Brabant on 22 Oct 1639 and they were married in the Fort Crevecoeur near ’s-Hertogenbosch on 24 Nov 1639.
Book: De Huwelijkintekeningen van Schotse Militairen in Nederland 1574–1665
Author: Dr. Ir. J. MacLean
Pages: Both pages 165 and 320 give the same information.
Text:
Jheemes Ridderfort, jm uit Schotland, corp. onder Lt. Col. Caddel, in garn.te Workum {get. Jheems Wits, Luit, van Capt. Morre en Robbert Morre}, ondertr. 22 oktober 1639, tr. 24 november te Crevecoeur, Margriet Gletseel, wed. van Thomas Jongh, won. in de Tolbrugstraat.
Translation:
Jheemes Ridderfort, unmarried man from Scotland, corporal under Lt. Col. Caddel, garrisoned at Workum {witnesses Jheems Wits, Lieutenant of Capt. Morre and Robbert Morre}, banns 22 October 1639, married at Crevecoeur, Margriet Gletseel, widow of Thomas Jongh, living in the Tolbrugstraat [Toll Bridge Road].
Note on Margariet Gletseel: There is genealogical evidence that the Rutherfords and Gladstanes/Gladstaines/Gladstones frequently intermarried.
Mentioned in reference to his brother Rev Samuel Rutherford in 1651
“This appointment was immediately transmitted to him [Rev Samuel Rutherford (1600–1661)] by his brother, Mr James Rutherford, then an officer in the Dutch service, who, by the way fell into the power of an English cruiser, and was stripped of everything, and confined a prisoner in Leith, till he was, through the intervention of the States, set at Liberty. As he had, in consequence of this disaster, nothing but a verbal invitation to offer, Rutherford refused to accept it. James Rutherford returned directly to Holland, and the magistrates of Utrecht, still hoping to succeed, sent him back with a formal invitation in the end of the same year.”
William Anderson, The Scottish Nation, A. Fullarton & Co London, 1871, page 395 volume 3
Mentioned in the journal of Sir John Lauder in 1666
In 1666 Captain James is found in the journal of Sir John Lauder of Fountainhall, still in the Dutch Service. During the Anglo-French alliance against Spain, which was signed in March 1657, James served alongside the French at the Siege of Gravelines where he lost his leg. John Lauder describes it as a “tree leg”. Lauder also bought a book or collation from Captain James Rutherford and later bought a copy of “Lex Rex” written by James’s brother Rev. Samuel Rutherford.
“Within a day or 2 I was acquaint wt our Scots Captains, Captain Caddel, C. Rutherfurd wt a tree leg — his oune was dong from him at the Seige of Graveling — and Captain Scot, also on C. White.”
Journals of Sir John Lauder, page 132
Death bef. 9 Mar 1668
Captain James Rutherford died intestate in Utrecht sometime after 1666 and before 9 Mar 1668. The Commissariot Court of Edinburgh, which handled probate and wills for Scots who died abroad, appointed his executors Agnes and Barbara Rutherford, chosen by legal decree because they were the closest living blood relatives. Although Agnes and Barbara are described as James’s sisters in the Testament, Dative and Inventory, they are actually his nieces. James’s wife Margaret is not mentioned, so presumably she predeceased him. His four sons are also not mentioned.
- RUTHERFOORD, James
- Date: 9 March 1668
- Description: Residenter in Utrecht [The Netherlands]
- Type: Testament, Dative and Inventory
- Court: Edinburgh Commissary Court
- Reference: CC8/8/73
A Testament Dative is a document drawn up after a person dies intestate. Because there is no will, the court must step in to appoint an “executor-dative” (usually the closest living relative) to manage the estate.
“The Testament Dative for James Rutherford ‘residenter in Utrecht’ was registered at the Edinburgh Commissary Court on 9 Mar 1668. The Agnes and Barbara mentioned in that document are NOT his sisters but his nieces, as has been supposed by a few researchers from outside the family. The evidence is overwhelming in support of the idea that Agnes was the only surviving daughter of the Rev. Samuel Rutherford and Barbara was the daughter of Rev. George Rutherford, brother of the Rev. Samuel Rutherford and Captain James Rutherford.”
Gary Rutherford Harding, hunthill.mysite.com
“The testament dative and inventory of ye goods, gear and sums of money and therein following? pertaining to the umquhile James Rutherfoord, resident in Utrecht at the time of his death who deceased in the month of February 1666 faithfully made and given to us by Agnes Rutherfoord, spouse to Mr. William Chislie, writer to his Majesty’s Signet and Barbara Rutherfoord, sisters to the said umquhile James Rutherfoord and only executrices dative discerned as next of kin to the defunct by decree of the Commissaries of Edinburgh . . . the same of the day at Edinburgh this day of 9th Mar 1668 . . . Edinburgh . . .”
“The will of James Rutherford ‘residenter in Utrecht’ is registered at the Edinburgh Commissary Court in 9/3/1668. The Agnes and Barbara mentioned in that document are NOT his sisters but his nieces as has been supposed by some. Agnes was the only surviving daughter of the Rev. Samuel Rutherford and Barbara was the daughter of Rev. George Rutherford also the brother of the Rev. Samuel Rutherford.”
Gary Rutherford Harding
The question of whether Captain James had four sons who became the progenitors of the Ulster-Scots Rutherfords is explored separately in The Four Brothers Mystery.