Scottish clan chieftain

The Scottish Gaelic word clann means children. 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. Scottish clans who no longer have a clan chief are referred to as armigerous clans.

Historically the principal function of the chief was to lead his clan in battle on land and sea. The chief and the chieftain were at one time in the Scottish Highlands influential political characters, who wielded a large and often arbitrary authority. However, none of this authority now remains. Highland chiefship or chieftainship in the modern sense is no more than a high social dignity. The existence of chiefship and chieftainship has been recognized by Scottish law, however, the disarming of the Highland clans after the 1745 Jacobite rising effectively eliminated clanship from ordinary civil or statutory law. Most notable was the Heritable Jurisdictions (Scotland) Act, of 1746 that abolished traditional rights of jurisdiction afforded to Scottish clan chiefs.

While Scottish law recognizes the existence of Scottish clans, chiefs and chieftains, 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.

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.

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Wikipedia