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.
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]
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.
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.
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 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]
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.
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]
see Forms of address in the United Kingdom § Chiefs, chieftains and lairds.
A Scottish clan is a kinship group among the Scottish people. Clans give a sense of shared heritage and descent to members, and in modern times have an official structure recognised by the Court of the Lord Lyon, which regulates Scottish heraldry and coats of arms. Most clans have their own tartan patterns, usually dating from the 19th century, which members may incorporate into kilts or other clothing.
Clan MacNeil, also known in Scotland as Clan Niall, is a highland Scottish clan of Irish origin. According to their early genealogies and some sources they're descended from Eógan mac Néill and Niall of the Nine Hostages. The clan is particularly associated with the Outer Hebridean island of Barra. The early history of Clan MacNeil is obscure, however despite this the clan claims to descend from the legendary Irish King Niall of the Nine Hostages, who is counted as the 1st Clan Chief, the current Clan Chief being the 47th. The clan itself takes its name from a Niall who lived in the 13th or early 14th century, and who belonged to the same dynastic family of Cowal and Knapdale as the ancestors of the Lamonts, MacEwens of Otter, Maclachlans, and the MacSweens. While the clan is centred in Barra in the Outer Hebrides, there is a branch of the clan in Argyll (McNeill/MacNeill) that some historians have speculated was more senior in line, or possibly even unrelated. However, according to Scots law the current chief of Clan MacNeil is the chief of all MacNeil(l)s.
Clan Maclean is a Highlands Scottish clan. They are one of the oldest clans in the Highlands and owned large tracts of land in Argyll as well as the Inner Hebrides. Many early MacLeans became famous for their honour, strength and courage in battle. They were involved in clan skirmishes with the Mackinnons, Camerons, MacDonalds and Campbells, as well as all of the Jacobite risings.
In Scotland, a baron or baroness is the head of a feudal barony, also known as a prescriptive barony. This used to be attached to a particular piece of land on which was situated the caput or essence of the barony, normally a building, such as a castle or manor house. Accordingly, the owner of the piece of land containing the caput was called a baron or baroness. According to Grant, there were around 350 identifiable local baronies in Scotland by the early fifteenth century and these could mostly be mapped against local parish boundaries. The term baron was in general use from the thirteenth century to describe what would have been known in England as a knight of the shire.
In the United Kingdom, a territorial designation follows modern peerage titles, linking them to a specific place or places. It is also an integral part of all baronetcies. Within Scotland, a territorial designation proclaims a relationship with a particular area of land.
A laird is the owner of a large, long-established Scottish estate. In the traditional Scottish order of precedence, a laird ranked below a baron and above a gentleman. This rank was held only by those lairds holding official recognition in a territorial designation by the Lord Lyon King of Arms. They are usually styled [name] [surname] of [lairdship]. However, since "laird" is a courtesy title, it has no formal status in law.
The law of heraldic arms, sometimes simply laws of heraldry governs the possession, use or display of arms, called bearing of arms. That use includes the coats of arms, coat armour or armorial bearings. Originally with the sole function of enabling knights to identify each other on the battlefield, they soon acquired wider, more decorative uses. Today they are used by countries, public and private institutions or individuals. The first laws regarding arms were written by Bartolus de Saxoferrato and the officials who administer these matters today are called pursuivants, heralds, or kings of arms. The law of arms is part of the law in countries which regulate heraldry, although not part of common law in England and in countries whose laws derive from English law. In most European countries without monarchies, much like in the United States, there are no laws against assuming arms, with the closest legal authenticity mechanism being a pictorial copyright protection.
Sir Thomas Innes of Learney (1893–1971) was a Scottish officer of arms who was Lord Lyon from 1945 to 1969.
Heraldry in Scotland, while broadly similar to that practised in England and elsewhere in western Europe, has its own distinctive features. Its heraldic executive is separate from that of the rest of the United Kingdom.
The following is a list of the chiefs of the Clan Fraser of Lovat. The Chiefs of Clan Fraser often use the Gaelic patronym MacShimidh.
Clan Macqueen is a Highland Scottish clan and a member of the Chattan Confederation. The clan does not currently have a chief and is therefore considered an armigerous clan.
A Scottish crest badge is a heraldic badge worn to show allegiance to an individual or membership in a specific Scottish clan. Crest badges are commonly called "clan crests", but this is a misnomer; there is no such thing as a collective clan crest, just as there is no such thing as a clan coat of arms.
Clan Campbell of Cawdor is a highland Scottish clan and a branch of the larger Clan Campbell. While the clan is recognised by the Standing Council of Scottish Chiefs, the clan does not have a clan chief recognised by the Standing Council of Scottish Chiefs. Also, because the clan does not have a clan chief recognised by the Lord Lyon King of Arms it is considered an armigerous clan. The head of the Clan Campbell of Cawdor is the Earl Cawdor, currently held by Colin Campbell.
A slogan is used in Scottish heraldry as a heraldic motto or a secondary motto. It usually appears above the crest on a coat of arms, though sometimes it appears as a secondary motto beneath the shield. The word slogan dates from 1513. It is a variant of the earlier slogorn, which was an Anglicisation of the Scottish Gaelic sluagh-ghairm. In other regions it is called a war-cry.
Clan McCorquodale is a Scottish clan, recognised by the Lord Lyon King of Arms, though without a chief so recognised. The last chief of the clan died in the 18th century. Because the clan does not have a recognised chief, it is considered an armigerous clan, and has no legal standing under Scots Law. Historically, the clan inhabited lands west of Loch Awe, in Argyll. These clan lands were centred at Loch Tromlee, where an island castle served as the clan seat. The line of Clan McCorquodale chiefs, first recorded in the 15th century, has been untraced since the 18th century.
Clan Craig is a Scottish clan hailing from Aberdeenshire. The clan does not have a chief recognized by the Lord Lyon King of Arms, therefore the clan has no standing under Scots Law. Clan Craig is considered an armigerous clan, meaning that it is considered to have had at one time a chief who possessed the chiefly arms, however no one at present is in possession of such arms.
Clan Ged is a Scottish clan. The clan does not currently have a chief recognised by the Lord Lyon King of Arms and is considered an armigerous clan. Without a recognised chief the clan has no standing under Scots Law. In Scotland, the surname Ged and Geddes may be derived from the place-name Geddes in Nairn. Another possibility is that it is derived from the Old English gedda, a nickname meaning pike.
Clan Schaw is a Lowland Scottish clan. Clan Schaw does not have a chief recognised by the Lord Lyon King of Arms, therefore the clan has no standing under Scots Law. Clan Schaw is an armigerous clan, meaning that it had at one time a chief who possessed the chiefly arms, however no one at present is in possession of such arms.
The Court of the Lord Lyon, or Lyon Court, is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies.
Carruthers, a Scottish Lowland clan and family from Annandale in Dumfriesshire.