Representative of the founder of a Scottish clan
A depiction of the
Clan Forbes
clan chief illustrated by
R. R. McIan
, from James Logan's
The Clans of the Scottish Highlands
, 1845
The
Scottish Gaelic
word
clann
means children.
[1]
In early times, and possibly even today,
Scottish clan
members believed themselves to descend from a common ancestor, the founder of the clan, after whom the clan is named. The
clan chief
(
ceannard cinnidh
) is the representative of this founder, and represents the clan. In the Scottish clan system, a chief is greater than a
chieftain
(
ceann-cinnidh
), a designation applied to heads of branches of a clan.
[2]
Scottish clans that no longer have a clan chief are referred to as
armigerous clans
.
Functions of the clan chief
[
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]
Historically the principal function of the chief was to lead the clan in battle on land and sea.
[3]
The chief and the chieftain were at one time in the
Scottish Highlands
influential political characters, who wielded a large and often arbitrary authority.
[4]
However, none of this authority now remains.
[4]
Highland chiefship or chieftainship in the modern sense is no more than a high social dignity.
[4]
The existence of chiefship and chieftainship has been recognized by
Scottish law
;
[4]
however, the disarming of the Highland clans after the
1745 Jacobite rising
effectively eliminated clanship from ordinary civil or statutory law.
[5]
Most notable was the
Heritable Jurisdictions (Scotland) Act
, of 1746 that abolished traditional rights of jurisdiction afforded to Scottish clan chiefs.
[6]
Recognition of chiefs in Scots law
[
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]
"Clan chiefs" and "clan chieftains"
[
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]
While Scottish law recognizes the existence of clans, chiefs and chieftains,
[7]
this recognition is only one of social dignity or precedence via the
Lyon Court
, and does not involve any interest for which the law has jurisdiction.
[8]
According to former Lord Lyon Sir Thomas Innes of Learney, a clan is a community that is distinguished by heraldry and recognised by the sovereign. Without that recognition, a clan chief, and therefore the clan, would have no official recognition. Innes further considered clans to be a "noble incorporation" because the arms borne by a clan chief are granted or otherwise recognised by the Lord Lyon as an officer of the Crown, thus conferring royal recognition of and on the entire clan. Clans with recognised chiefs are therefore considered a noble community under Scots law. A group without a chief recognised by the sovereign through the Lord Lyon has no official standing under Scottish law. Claimants to the title of chief are expected to be recognised by the Lord Lyon as the rightful heir to the undifferenced arms of the ancestor of the clan of which the claimant seeks to be recognized as chief. A chief of a clan is the only person who is entitled to bear the undifferenced arms of the ancestral founder of the clan. The clan is considered to be the chief's heritable estate and the chief's Seal of Arms is the seal of the clan as a "noble corporation". Therefore, under Scots law, the chief is recognised as the head of the clan and therefore, once recognised, serves as the lawful representative of the clan community worldwide.
[9]
[10]
The Lyon Court remains the only authority which can make a recording of the dignity of a chiefship acknowledged by attestation, although it is suggested it cannot declare judicially a chiefship.
[11]
Further, although no Scottish court can exercise a jurisdiction to determine disputes of competing claimants to a chiefship or chieftainship,
[4]
[12]
to quote
Lord Aitchinson
in the
Court of Session
it is presumed that "Historically the idea of a chief or chieftain submitting his dignity to the arbitrament of its Court of law is really grotesque. The chief was the law, and his authority was derived from his own people".
[4]
A number of constitutional changes took place with the
Scotland Act 1998
. Schedule 5 of the Act makes clear that certain matters are reserved, among others "honours and dignities or the functions of the Lord Lyon King of Arms so far as relating to the granting of arms"; but that is not the case for "Lord Lyon King of Arms in his judicial capacity", which is therefore subject to the powers of the Scottish Parliament. However,
The
Abolition of Feudal Tenure Act of 2000
(2000 asp 5) explicitly states (sec. 62) that "Nothing in this Act shall be taken to supersede or impair the jurisdiction or prerogative of the Lord Lyon King of Arms," which suggests that the legal authority of the Lyon Court remains intact in all matters heraldic.
To summarise, it is protocol and a preference for any Scottish clan to have their chief recognised by the Lord Lyon and therefore have legal status for the clan as a whole in Scotland and beyond, allowing their head to take their rightful place in the
Standing Council of Scottish Chiefs
.
Chief of the Name and Arms
[
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]
The Lyon Court, whose jurisdiction is
heraldic
,
[12]
can confirm an application for the
Chief of the Name and Arms
of a Scottish family. However, the "Chief of the Name and Arms" is a heraldic term, originating from the French
chef du nom et des armes
and refers to the head of a heraldic
armigerous
family.
[13]
[14]
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.
[15]
The term
chief of clan
and
principals of branches
is not to persons bearing coats of arms; chiefship and chieftainship have no armorial significance.
[15]
[Note 1]
Although the
chief of clan
and
Chief of the Name and Arms
may concur in the same person they are not the same term.
[15]
See
Chiefs of Clan Fraser
for an example of
chief of clan
and
Chief of the Name and Arms
not being held by the same person.
A
crest badge
of a clan chief of a fictional
Scottish clan
. A clan chief is the only one entitled to three
eagle
feathers.
Clan commander
[
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]
In cases where a clan has no chief, or a family wishes to have recognition as a clan, clan or family members can formally get together, witnessed by a representative of the Lord Lyon, in a
derbhfine
, and appoint either a
clan chief
if the evidence of links to a chiefly line exists or otherwise a
clan commander
.
The Lyon Court can recognise the appointment of a clan commander, for an interim period of up to ten years, whereupon a further
derbhfine
will be required. It is at this point that the clan chief is recognised by the Lyon Court.
[16]
Clans with clan commanders are still referred to as
armigerous clans
.
Clan chief prerogatives
[
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]
Supporters
[
edit
]
Clan chiefs are entitled to
supporters
on their
coat of arms
to specify a very high dignity. A requirement of the Standing Council of Scottish Chiefs for membership, is that an applicant chief must demonstrate a right to hereditary supporters. A chief without supporters could only be allowed to serve on the council for their lifetime; each successive heir would have to be re-elected in the same manner.
[17]
Eagle feathers
[
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]
Elements of the chief's
arms
are often found in the
crest badge
worn, usually on a
bonnet
, by members of Scottish clans. These crest badges contain, in most cases, the chief's
heraldic crest
, and
heraldic motto
(or sometimes the chief's secondary motto or
slogan
). Clan chiefs are entitled to wear three eagle feathers behind their crest badge. Clan chieftains are entitled to two eagle feathers. A clan member is not entitled to any feathers unless they have been granted arms by the Lord Lyon King of Arms, in which case they are an
armiger
and can wear a crest badge containing elements from their
own
arms.
Sashes
[
edit
]
The
sash
, as worn by Scottish women as part of the
national dress
, is normally worn over the right shoulder; only the wives of chiefs and chieftains, and women who are chiefs or chieftains in their own right, wear it over the left shoulder.
[18]
Form of address
[
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]
see
Forms of address in the United Kingdom § Chiefs, chieftains and lairds
.
See also
[
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]
Notes
[
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]
References
[
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]
- ^
Mark (2003), p. 458.
- ^
Adam; Innes of Learney (1970), pp. 154?155.
- ^
Maclean of Ardgour v. Maclean
, p. 711
- ^
a
b
c
d
e
f
Maclean of Ardgour v. Maclean
, p. 636
- ^
Maclean of Ardgour v. Maclean
, p. 650
- ^
Encyclopædia Britannica
? text link
- ^
The Records of the Parliaments of Scotland to 1707 (RPS)
.
- ^
Maclean of Ardgour v. Maclean
, p. 657
- ^
Agnew of Lochnaw, Crispin
.
"Clans, Families and Septs"
.
www.electricscotland.com
. Retrieved
26 February
2008
.
- ^
"What is a clan?"
.
Court of the Lord Lyon
. Archived from
the original
on 17 January 2008
. Retrieved
26 February
2008
.
- ^
Maclean of Ardgour v. Maclean
, p. 637
- ^
a
b
Gloag and Candlish Henderson, p. 25
- ^
Maclean of Ardgour v. Maclean
, p. 645
- ^
l'Academie francaise, p. 527
- ^
a
b
c
Maclean of Ardgour v. Maclean
, p. 635
- ^
"lyon-court.com"
. Archived from
the original
on 23 April 2008
. Retrieved
2 March
2009
.
- ^
"SCOSC Requirements for Recognition"
. Archived from
the original
on 26 February 2012
. Retrieved
2 March
2009
.
- ^
The Scottish Clans and Their Tartans
(1958), W. & A. K. Johnson, p. 14.
Bibliography
[
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]