History and Structure of the Scottish Highland Clans

The early history of the Highlands and Highland clans, like that of most other races, is involved in great obscurity. They are generally believed to be of Celtic origin, and to have formed part of the great family of Celts and Cimbri who populated Spain, France, and Britain . They are further said, according to one tradition, to be descended from the Picts; according to another, from the Scots, the most ancient inhabitants of Scotland of which we have any certain account. That which assigns to them a Pictish origin seems to be the better supported. Mr Skene, who is an authority on the subject, is of opinion that " the modern Highlanders are the same people with those who inhabited the Highlands of Scotland in the ninth and tenth centuries ; and that these inhabitants were not Scots, as has been generally supposed, but the descendants of the great northern division of the Pictish nation, who were altogether unaffected by the Scottish conquest of the Lowlanders in 843, and who in a great measure maintained the independence of the kings of that race. ” He also asserts that “ these northern Picts formed part of the great family of Caledonians, the most ancient inhabitants of the country ; that they spoke the same language, and bore the same national appellation with the present Highlanders.” Originally occupying the plains, they were gradually driven to seek refuge, by the force of invasion, in the mountains and fastnesses of their native land. The division of the people into clans or societies resembled in some respects that of most other rude tribes, banded together under one common leader or chief, for the purposes of mutual defense against their more powerful enemies, as well as for maintaining their independence ; but in the relations which subsisted between the members of a clan and its chief, and the various laws by which they were governed, they were totally different from all other communities of a similar kind.

The system of government amongst them was that which has been denominated patriarchal, and which was peculiar to the Celtic race in general.

The position of the chief or head of a clan was strictly hereditary, and resembled that of a petty monarch. He held absolute power over those of his clan ; exercising the authority and discharging the functions of a landlord, military leader, and judge ; his clansmen in their turn being bound to render him implicit obedience, and to defend his cause, be it right or wrong. The mutual relations which existed between the clan and its chief - of authority and protection on the one hand, and of obedience and devotion on the other — were the result not so much of superior possessions and influence on the part of the chief, as of a hereditary right, arising out of a supposed consanguinity or blood relationship by which they were cemented together as members of the same family ; and consequently, the devotion and attachment of those of the same clan to their chief was paramount to every other consideration ; and there are many instances on record of heroic self- sacrifice on the part of the adherents of a chief rather than betray their fidelity to his They were no less devoted to one another as members of the same clan, and bound to protect each other, and to uphold whatever they conceived to be for the honour of the clan.

It is further to be noted that whilst the authority vested in the chief belonged to him in virtue of, his hereditary right, independent of any other consideration, he was generally likewise distinguished by his superior possessions and property, being entitled to receive a certain amount of tribute from the members of his clan in virtue of his office as chief.

The laws pertaining to succession, property, and marriage were likewise peculiar.

The right of chieftainship was vested in the males alone, and a brother was considered a degree nearer of kin than a son—an arrangement which was no doubt the result of the importance which was attached to strict hereditary succession . With regard to property, the lands of the chief were divided in certain proportions amongst the male members of the family, whilst the principal seat of the family always remained the property of the chief.

With regard to the law of marriage, it was the custom for the heir of one chief to live with the daughter of another as her husband for twelve months and a day ; if in that time the lady should prove to be a mother, the marriage was confirmed by law without any further ceremony ; but if, on the contrary, there was no issue, the contracting parties were considered free, and at liberty to marry again. This custom was called hand-fasting.

In addition to the qualifications already mentioned as requisite in a chief, not the least important was his distinction for bravery, military achievement, and zeal for the honour of his clan ;

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Excellent summary of the origins and nuanced history of the Clans, proud to be descendant of Clan Shaw!