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No commenter was comfortable with the argument in the LOI supporting Kithwall ["Kithwall is a constructed place name base on the patter found in Kirkwall (the county seat of Orkney) with the initial element coming from Kithehilt (1296) found in Black as a variant of the locative surname Kinhilt"]. A better case can be made, though: Ekwall cites instances (as well he should) of -wall used as a deuterotheme in English place names (e.g. Thirlwall, from OE thirel, "perforation" + weall, "wall"). Hall's Anglo-Saxon Dictionary gives cith, cyth, "seed, germ, shoot" -- so kithwall means essentially "grassy wall", a reasonable toponymic. (Rorius Domhnall Kithwall, July, 1992, pg. 15)
The byname was submitted as Reidleac, but that form combines English and Scots Gaelic into a single word. Such practice is disallowed per Rule III.2.a. We have substituted a completely English spelling [Reidleck]; he could also have the Gaelic Ruadhleac, if he wishes. (Odinel Reidleck, August, 1992, pg. 7)
[Sgórrlámh] The byname ...was intended to mean "scar-hand" in Scots Gaelic. Sgórr means "scar" in the sense of "scar on the land; peak, cliff, notch". The word for the mark of a wound is éarradh, so we've followed Lord Habicht's suggestion and changed the byname [to Lamhearradh]. (Duncan Lamhearradh Campbell, September, 1992, pg. 19)
[Kara of Kirriemuir] The given name was submitted as Kara, documented as a Russian diminutive of Karina. However, no evidence was presented for the period Russian/Scots interaction such a name would require [the first name was converted to a Latin name with a similar sound]. (Cara of Kirriemuir, September, 1992, pg. 30)
[MacFlandry] The surname does not appear to be correctly constructed. The LOI attempted to justify MacFlandry as meaning "son of the man from Flanders". There are examples in Black of MacX surnames, where X is an ethnic name: e.g., MacBrabner, "son of the Brabanter", and MacBretny, "son of the Breton". Based on those names, we could accept "son of the man from Flanders" --- but unfortunately, the term for "man from Flanders" is Fleming, which sounds nothing like Flanders (or Flandry). The surname de Flandre, also cited in the documentation, means "of Flanders"; Mac (de) Flandre would mean "son of Flanders", which (except in a metaphoric sense) is impossible. Either Lyulf de Flandry or Lyulf MacFleming would be a valid construction; MacFlandry is not. (Lyulf MacFlandry, September, 1992, pg. 43)
The submitter, on his submission forms, tried to justify MacFlandry as "a made-up Scots-sounding name", ...The name [however] cannot be considered "made-up" when it's documented from period elements; it's the incorrect grammar, not the choice of elements, that mandates the return. (Lyulf MacFlandry, September, 1992, pg. 43)
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The Society considers the use of a clan name (Guinne, Gunn) with the seat of the clan (Kilernan) to be presumptuous; the only examples we've found of such usage are by clan chiefs and their immediate families. (Sine Guinne of Kilernan, January, 1993, pg. 24)
[The name] was submitted as Caer Daibhidh, combining Welsh and Scots Gaelic in a single phrase. This isn't normally permitted, per Rule III.2.a, and has been the reason for the last three returns of their name. The submitters provided evidence (augmented by Lady Harpy) that the element caer- is found in many Scots placenames: e.g. Caerlaverock, Caerlanrig, Caer Ruther. However, in those cases caer- doesn't seem to be from Welsh; the prefix derives either from the Gaelic cathair or from the extinct Cumbric cair, and is only spelled Caer in its modern form, due to the Welsh influence.
It could be argued that, even if Caer were derived from the Gaelic cathair, the submitted name would still seem acceptable, given the cited examples. Most of those examples, though, are anglicized forms; and while an anglicized Caerdavid would be perfectly acceptable, the submitted Gaelic spelling of Daibhidh requires a plausible construction for that language. Not only must Daibhidh be put into the genitive case, but an unanglicized form of Caer must be used. The submission forms do not forbid grammatical corrections, so we've substituted the correct Gaelic spelling; the pronunciation is nearly unchanged from their submitted form. If they prefer the spelling Caer, they may resubmit Caerdavid or the fully Welsh Caer Ddafydd. (College of Cathair Dhaibhaidh, March, 1993, pg. 3)
Lord Obelisk has noted a Laurel precedent (v. Duncan Forbes of Crathes, LoAR of Nov 90) that disallowed any use of a Scots surname with a Scots toponymic, as it "implies landedness in possession of a feudal barony." I suspect this was not intended to be a permanent change in our policy, which hitherto had disallowed the use of a Scots clan surname with the seat of the clan. Certainly, in the months following the above ruling, we registered Duncan MacFergus of Kintyre (Dec 90, p.7), John MacRobert of Grandloch (Feb 91, p.6), Fergus MacKillop of Skye (April 91, p.5), Gareth MacGunther of Gordon (April 91, p.8), etc. I believe that, in practice if not explicitly, the Nov 90 precedent has been overturned.
Moreover, there is counter-evidence suggesting that Scots surname-toponymic combinations don't necessarily imply possession of a feudal barony. Frank Adams (Clans, Septs and Regiments of the Scottish Highlands) gives an instance (p.402) of a small homestead, about five acres, being sufficient to warrant the addition of the toponymic. Adams notes that clan names could be modified for a number of reasons, not all of which concern nobiliary claims: he cites "those who, though unconnected by blood with the clan, had become bound to it by bonds of manrent", and "those of the clan who were ...distinguished by the name of the part of the clan territory occupied by them" (p.398). Black ( Surnames of Scotland) corroborates this in several of his entries; for instance, on p.xxiv we find two examples (Jhon Mour de Sanchar, Robert Mour de Skeldowy), taken from a guild roster of 1431: non-noble, unconnected to the chief of Clan Muir, but definitely combining a Scots surname with a Scots patronymic.
We will continue to prohibit the use of a Scots clan name with the seat or territory of that clan (e.g. Cameron of Lochiel), or a surname with the phrase of that Ilk (or its functional equivalent, e.g Macintosh of Macintosh). That usage, with or without the given name, is the title of the actual chief of the clan or his immediate kin; its use in the SCA represents a direct infringement on actual nobility, and also appears to be a claim to rank, either of which is grounds for return. But by and large, the use of a Scots surname with a Scots placename is acceptable for SCA use. (Alexander MacIntosh of Islay, March, 1993, pp. 7-8)
...the combination of a clan name with the seat or territory of the clan is the prerogative of the chief of the clan, and is thus disallowed in the Society. (Magdalene Katherine MacDonald of Sleat, August, 1993, pg. 17)
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