Clan McCulloch is an armigerous clan, having no clan chief since the death of John McCulloch of Barholm in 1851. Forming a clan society does not change that.
In prior times, McCullochs may have chosen their chief by following a commander who could muster enough men to sack the Isle of Man or engage in other daring-do. Sacking the Isle of Man seems imprudent today. Presumably, any descendant of the clan chiefs of Myrton could declare “I am the captain now” and see if anyone follows their lead. Likely on a lark, one member of clan Muir recently initiated a Change.org petition asking for signatories to support his claim to the Court of Lord Lyon to be recognized as the chief of Clan Muir. In reality, it is more complicated than a signature drive. While the Court of Lord Lyon does not actually adjudicate claims to be a clan chief, the Court does adjudicate petitions for the right to use new coats of arms as well as hereditary coats of arms of clan chiefs. When a clan (not a clan society) recognizes a clan chief, that chief may use the hereditary coat of arms of his forebears.
What would a modern Chief do?
The Duke of Argyll, Chief of the Clan Campbel, is the chief of the Campbell clan. As such, he is the owner and keeper of the Campbell ancestral home, Inverary Castle. The Duke of Argyll is also a spokesman for Chivas brand Scotch. The McCullochs retain no ancestral homes. However, if Clan McCulloch recognized a new chief, the clan chief might be able to parlay this into a Scotch branding contract. Maybe.
A modern clan chief would not lead his clan into battle, adjudicate legal claims (there are courts for that!), or manage clan lands. If a person aspires to be chief to preserve the family heritage, he or she doesn’t to be chief to do so. If a person wishes to be chief to be a patron and benefactor to others, we would suggest that such generosity could be well served with a donation to the Scots Charitable Society or other worthy charities.
Commander
Does Clan McCulloch need a Commander? The most recently recognized McCulloch chief was John McCulloch of Barholm who died in 1851. His line was documented to about 1666 (and inferred to about 1400). McCulloch of Barholm represented McCulloch of Muile, a descendant of James McCulloch of Muile, who claimed chief status as agnatic heir of Sir Godfrey McCulloch of Myretoun, who was executed in 1697. In 1814, the Court of Lord Lyon declared Sir Godfrey’s line extinct. However, there appears to be living, documented descendants of Sir Godfrey’s father, Sir Alexander McCulloch of Myretoun, first baronet of Nova Scotia. Further, around 1622, William McCulloch of Myretoun moved from Galloway to Ulster. Thereafter, his son Alexander, claimed to be chief, but was merely granted differenced arms by the Court of Lord Lyon as a disputed claimant. Documented descendants of these men may have competing hereditary claims to undifferenced arms associated with Clan McCulloch.
If Clan McCulloch were to have a Commander to lead for the search of a hereditary chief, the Commander would need to undertake a painstaking and expensive research of Court of Lord Lyon records, and attempt to discover or recreate any remnants of the McCulloch of Barholm charter chest, that famously has been destroyed. Once satisfied that there are no living heirs to the prior McCullochs of Barholm, the next line of inquiry would be to identify any living heirs of James McCulloch of Muile, his father who appears to have been William McCulloch (husband to Isabel McDowell of Barholm), or James son Lt. Alexander McCulloch of Muile, the younger. If satisfied that there are no living heirs of McCulloch of Muile, then the Commander would grapple with the Court of Lord Lyon’s declaration that the line of Sir Godfrey McCulloch is extinct. Sir Godfrey is known to have had illegitimate children with living descendants in America. Is there a way for those descendants to have any impediment removed? If not, Sir Godfrey’s father had other children who also migrated to America. It is not known if they have impediments to serving as chief. Going back further, in about 1622 William McCulloch of Myretoun effectively abdicated his role as chief when he migrated to Ulster. His son, Alexander, never successfully pressed his claims to be chief. However, if a Commander were satisfied no other descendant of a chief were alive, would Alexander’s American descendants have a hereditary claim to be chief? Hopefully it would not be necessary to research further to determine if there are hereditary claimants to McCulloch of Cardiness (whose direct line appears to have gone extinct around 1583), or McCulloch of Myretoun (whose direct line appears to have gone extinct around 1530).
Any commander would need to be well-steeped in the history of the McCullochs of Galloway, be proficient in the study of heraldry and Scottish law, and have independent financial means to conduct painstaking genealogical and legal research, and vitality to represent Clan McCulloch and its interests to the broader public and to government officials (such as stewards of historic clan sites). Further, the Commander should bear the McCulloch surname (or a variant thereof), and either live in Scotland or have the financial means and availability to regularly travel to Galloway and Edinburgh to conduct research and otherwise represent the Clan. Importantly, the Commander would need to demonstrate an unwavering commitment to historical accuracy and strict deference to the precedential rulings of the Court of Lord Lyon.
However, in the event that a descendant of a prior chief were to present a hereditary claim to the undifferenced arms of Barholm, Myretoun, or Cardiness, or a hereditary claim to matriculate the arms of Muile or Drummorrell, it’s not clear that a commander would have any active role in the process. Rather, the respective hereditary claims of such petitioners should be left to the petitioner and his/her solicitor for proper adjudication by the Court of Lord Lyon.
Coats of Arms
There are traditional rules with respect to the use of a coat of arms. The chief of a clan is the sole owner of the hereditary, undifferenced coat of arms. However, since Clan McCulloch has no chief, nobody is likely to make a fuss if you use the coat of arms from the McCullochs of Myrton that you buy online at a Scottish clan souvenir shop.
According to the Society of Antiquaries of Scotland, the first recorded McCulloch, Thomas MacCulagh had a seal featuring a squirrel. (One is left to ponder the implications for the theory that MacCulloch derives from “son of the boar”).
Tartans
According to the Clan Campbell Society of North America, the only authority on the use of a tartan is the clan chief. Therein lies the rub. Since Clan McCulloch has no current chief, there is no clear authority on what tartan a McCulloch should wear if they are so inclined to do so. Vendors will certainly sell you a tartan that is described as McCulloch. However, it is likely a personal, modern design. If you would like to register your own tartan, you may be able to register a new design with the Scottish Register of Tartans.
