Scottish clan
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.
The modern image of clans, each with their own tartan and specific land, was promulgated by the Scottish author Sir Walter Scott after influence by others. Historically, tartan designs were associated with Lowland and Highland districts whose weavers tended to produce cloth patterns favoured in those districts. By process of social evolution, it followed that the clans/families prominent in a particular district would wear the tartan of that district, and it was but a short step for that community to become identified by it.
Many clans have their own clan chief; those that do not are known as armigerous clans. Clans generally identify with geographical areas originally controlled by their founders, sometimes with an ancestral castle and clan gatherings, which form a regular part of the social scene. The most notable clan event of recent times was The Gathering 2009 in Edinburgh, which attracted at least 47,000 participants from around the world.
It is a common misconception that every person who bears a clan's name is a lineal descendant of the chiefs. Many clansmen, although not related to the chief, took the chief's surname as their own either to show solidarity or to obtain basic protection or for much needed sustenance. Most of the followers of the clan were tenants, who supplied labour to the clan leaders. Contrary to popular belief, the ordinary clansmen rarely had any blood tie of kinship with the clan chiefs, but they sometimes took the chief's surname as their own when surnames came into common use in the sixteenth and seventeenth centuries. Thus, by the eighteenth century the myth had arisen that the whole clan was descended from one ancestor, perhaps relying on Scottish Gaelic clann originally having a primary sense of 'children' or 'offspring'.
Clan organization
Clan membership
As noted above, the word clan is derived from the Gaelic word clann. However, the need for proved descent from a common ancestor related to the chiefly house is too restrictive. Clans developed a territory based on the native men who came to accept the authority of the dominant group in the vicinity. A clan also included a large group of loosely related septs – dependent families – all of whom looked to the clan chief as their head and their protector.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. Learney 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 to 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". Under Scots law, the chief is recognised as the head of the clan and serves as the lawful representative of the clan community.
Historically, a clan was made up of everyone who lived on the chief's territory, or on territory of those who owed allegiance to the said chief. Through time, with the constant changes of "clan boundaries", migration or regime changes, clans would be made up of large numbers of members who were unrelated and who bore different surnames. Often, those living on a chief's lands would, over time, adopt the clan surname. A chief could add to his clan by adopting other families, and also had the legal right to outlaw anyone from his clan, including members of his own family. Today, anyone who has the chief's surname is automatically considered to be a member of the chief's clan. Also, anyone who offers allegiance to a chief becomes a member of the chief's clan, unless the chief decides not to accept that person's allegiance.
Clan membership goes through the surname. Children who take their father's surname are part of their father's clan and their mother's. However, there have been several cases where a descendant through the maternal line has changed their surname in order to claim the chiefship of a clan, such as the late chief of the Clan MacLeod who was born John Wolridge-Gordon and changed his name to the maiden name of his maternal grandmother in order to claim the chiefship of the MacLeods. Today, clans may have lists of septs. Septs are surnames, families or clans that historically, currently or for whatever reason the chief chooses, are associated with that clan. There is no official list of clan septs, and the decision of what septs a clan has is left up to the clan itself. Confusingly, sept names can be shared by more than one clan, and it may be up to the individual to use his or her family history or genealogy to find the correct clan with which they are associated.
Several clan societies have been granted coats of arms. In such cases, these arms are differenced from the chief's, much like a clan armiger. Former Lord Lyon Thomas Innes of Learney stated that such societies, according to the Law of Arms, are considered an "indeterminate cadet".
Authority of the clans (the and the )
Scottish clanship contained two complementary but distinct concepts of heritage. These were firstly the collective heritage of the clan, known as their dùthchas, which was their prescriptive right to settle in the territories in which the chiefs and leading gentry of the clan customarily provided protection. This concept was where all clansmen recognised the personal authority of the chiefs and leading gentry as trustees for their clan. The second concept was the wider acceptance of the granting of charters by the Crown and other powerful landowners to the chiefs, chieftains and lairds which defined the estate settled by their clan. This was known as their oighreachd and gave a different emphasis to the clan chief's authority in that it gave the authority to the chiefs and leading gentry as landed proprietors, who owned the land in their own right, rather than just as trustees for the clan. From the beginning of Scottish clanship, the clan warrior elite, who were known as the ‘fine’, strove to be landowners as well as territorial war lords.Clans, the law and the legal process
The concept of dùthchas mentioned above held precedence in the Middle Ages; however, by the early modern period the concept of oighreachd was favoured. This shift reflected the importance of Scots law in shaping the structure of clanship in that the fine were awarded charters and the continuity of heritable succession was secured. The heir to the chief was known as the tainistear and was usually the direct male heir. However, in some cases the direct heir was set aside for a more politically accomplished or belligerent relative. There were not many disputes over succession after the 16th century and, by the 17th century, the setting aside of the male heir was a rarity. This was governed and restricted by the law of Entail, which prevented estates from being divided up amongst female heirs and therefore also prevented the loss of clan territories.The main legal process used within the clans to settle criminal and civil disputes was known as arbitration, in which the aggrieved and allegedly offending sides put their cases to a panel that was drawn from the leading gentry and was overseen by the clan chief. There was no appeal against the decision made by the panel, which was usually recorded in the local royal or burgh court.
Social ties
and manrent were the most important forms of social bonding in the clans. In the case of fosterage, the chief's children would be brought up by a favored member of the leading clan gentry and in turn their children would be favored by members of the clan.In the case of manrent, this was a bond contracted by the heads of families looking to the chief for territorial protection, though not living on the estates of the clan elite. These bonds were reinforced by calps, death duties paid to the chief as a mark of personal allegiance by the family when their head died, usually in the form of their best cow or horse. Although calps were banned by Parliament in 1617, manrent continued covertly to pay for protection.
The marriage alliance reinforced links with neighboring clans as well as with families within the territory of the clan. The marriage alliance was also a commercial contract involving the exchange of livestock, money, and land through payments in which the bride was known as the tocher and the groom was known as the dowry.