Scottish clan chief

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A romantic 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, clan members believed themselves to descend from a common ancestor, the founder of the Scottish clan. From its perceived founder a clan takes its name. The clan chief is the representative of this founder and represents the clan as well. In the Scottish clan system, the term chief denotes a greater chief than that of a chieftain. In consequence, branch chiefs (heads of branches of a clan) are designated chieftains.[2] Scottish clans who no longer have a clan chief are referred to as armigerous clans.

Functions of the clan chief

Historically the principal function of the chief was to lead his 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

"Clan chiefs" and "clan chieftains"

While Scottish law recognizes the existence of Scottish clans, chiefs and chieftains,[7] this recognition is only one of social dignity or precedence via the Lyon Court, and suggests as such it does not involve any interest for which the law has jurisdiction.[8]

According to the 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.

Learney 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]

It is also important to recognise that a number of constitutional changes took place with the Scotland Act of 1998. However, 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 in the year 2000, the passing of The Abolition of Feudal Tenure Act of 2000 (2000 asp 5) it 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 suggest that the legal authority of the Lyon Court in all matters heraldic, remains intact.

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"

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"

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 a either a clan chief if the evidence of links to a chiefly line exists or otherwise a clan commander.

The Lyon Court can recognize 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

Supporters

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 his or her lifetime, and each successive heir would have to be re-elected in the same manner.[17]

Eagle feathers

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 he or she has 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

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

For the correct way to address a Scottish clan chief, see Forms of address in the United Kingdom § Chiefs, chieftains and lairds.

See also

Notes

  1. ^ an exception to this armorial insignificance being the chief's right to supporters if he or she has a coat of arms, see paragraph "Clan Chief prerogatives: supporters" hereto.

References

  1. ^ Mark (2003), p. 458.
  2. ^ Adam; Innes of Learney (1970), p. 154–155.
  3. ^ Maclean of Ardgour v. Maclean, p.711
  4. ^ a b c d e f Maclean of Ardgour v. Maclean, p.636
  5. ^ Maclean of Ardgour v. Maclean, p.650
  6. ^ Encyclopædia Britannica - text link
  7. ^ The Records of the Parliaments of Scotland to 1707 (RPS).
  8. ^ Maclean of Ardgour v. Maclean, p.657
  9. ^ Agnew of Lochnaw, Crispin. "Clans, Families and Septs". www.electricscotland.com. Retrieved 26 February 2008. 
  10. ^ "What is a clan?". Court of the Lord Lyon. Archived from the original on 17 January 2008. Retrieved 26 February 2008. 
  11. ^ Maclean of Ardgour v. Maclean, p.637
  12. ^ a b Gloag and Candlish Henderson, p.25
  13. ^ Maclean of Ardgour v. Maclean, p.645
  14. ^ l'Académie française, p.527
  15. ^ a b c Maclean of Ardgour v. Maclean, p.635
  16. ^ lyon-court.com
  17. ^ SCOSC Requirements for Recognition
  18. ^ The Scottish Clans and Their Tartans (1958), W & A.K. Johnson, p. 14.

Bibliography

  • Adam, Frank; Innes of Learney, Thomas (1970). The Clans, Septs & Regiments of the Scottish Highlands (8th ed.). Edinburgh: Johnston and Bacon. 
  • Mark, Colin (2003). The Gaelic-English Dictionary: Am Faclair Gàidhlig-Beurla. Routledge. ISBN 0-415-29760-5. 
  • l'Académie Française (1843). Dictionnaire de l'Académie française (in French). Tome Premier (6th ed.). France: Firmin Didot frères. 
  • Maclean of Ardgour v. Maclean, 1938 S.L.T. 49 and 1941 S.C. 613 Scotland (Court of Session First Advising (16 July 1937), Second Advising (27 March 1941), Final Interlocutor (18 July 1941)).
  • Gloag and Candlish Henderson (1987). Introduction to the Law of Scotland (9th ed.). Edinburgh: W. Green. 
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