116-398: Siol Gorrie (Siolach Ghoirridh) is a Scottish Clan and a branch of Clan Donald . The progenitor of Siol Gorrie is Gorrie (Godfrey), a son of John of Islay and Amy of Garmoran . Godfrey was titled Lord of Uist. The Siol Gorrie feuded with their cousins Clan Ranald and Siol Murdoch , which almost led to Siol Gorrie's extinction after three generations. Alister MacGorrie, son of Godfrey
232-565: A hybrid or mixed legal system . The nature of Scots law before the 12th century is largely speculative, but is likely to have been a mixture of different legal traditions representing the different cultures inhabiting the land at the time, including Gaelic , Welsh , Norse and Anglo-Saxon customs. There is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Gaelic custom, contrary to Catholic religious principles. The formation of
348-701: A legislature with England and Wales . Scotland retained a fundamentally different legal system from that south of the border , but the Union exerted English influence upon Scots law. Since the UK joined the European Union, Scots law has also been affected by European law under the Treaties of the European Union , the requirements of the European Convention on Human Rights (entered into by members of
464-556: A "clan" in legislation of the Scottish Parliament in 1384. Many clans have often claimed mythological founders that reinforced their status and gave a romantic and glorified notion of their origins. Most powerful clans gave themselves origins based on Irish mythology . For example, there have been claims that the Clan Donald were descended from either Conn , a second-century king of Ulster , or Cuchulainn ,
580-400: 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
696-494: A clan. 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
812-465: A commercial landlord, letting land to the highest bidder, was a clear breach of the principle of dùthchas . The Jacobite rising of 1745 used to be described as the pivotal event in the demise in clanship. There is no doubt that the aftermath of the uprising saw savage punitive expeditions against clans that had supported the Jacobites, and legislative attempts to demolish clan culture. However,
928-550: 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
1044-417: A forgery, but despite this, the designs are still highly regarded and they continue to serve their purpose to identify the clan in question. A sign of allegiance to the clan chief is the wearing of a crest badge. The crest badge suitable for a clansman or clanswoman consists of the chief's heraldic crest encircled with a strap and buckle and which contains the chief's heraldic motto or slogan . Although it
1160-755: A large body of legal precedent has been developed, so that many crimes, such as murder, are not codified . Sources of common law in Scotland are the decisions of the Scottish courts and certain rulings of the Supreme Court of the United Kingdom (including its predecessor the House of Lords ). The degree to which decisions of the Supreme Court are binding on Scottish courts in civil matters
1276-822: A legally recognised group, but does not differentiate between families and clans as it recognises both terms as being interchangeable. Clans or families thought to have had a chief in the past but not currently recognised by the Lord Lyon are listed at armigerous clans . Tartans were traditionally associated with the Highland Clans and following the end of the Dress Act of 1746 banning tartans from being worn by men and boys, "district then clan tartans" have been an important part of Scottish clans. Almost all Scottish clans have more than one tartan attributed to their surname. Although there are no rules on who can or cannot wear
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#17327799788201392-476: A particular tartan, and it is possible for anyone to create a tartan and name it almost any name they wish, the only person with the authority to make a clan's tartan "official" is the chief. In some cases, following such recognition from the clan chief, the clan tartan is recorded and registered by the Lord Lyon. Once approved by the Lord Lyon, after recommendation by the Advisory Committee on Tartan,
1508-406: A pole and used as a standard . Clans which are connected historically, or that occupied lands in the same general area, may share the same clan badge. According to popular lore, clan badges were used by Scottish clans as a form of identification in battle. However, the badges attributed to clans today can be completely unsuitable for even modern clan gatherings. Clan badges are commonly referred to as
1624-604: A range of measures on clan chiefs, designed to integrate them into the Scottish landed classes. Whilst there is debate over their practical effect, they were an influential force on clan elites in the long term. The Statutes obliged clan chiefs to reside in Edinburgh for a large part of the year, and have their heirs educated in the English-speaking Lowlands. Lengthy periods in Edinburgh were costly. Since
1740-493: A rare component of society. Historian T. M. Devine describes "the displacement of this class as one of the clearest demonstrations of the death of the old Gaelic society." Many tacksmen, as well as the wealthier farmers (who were tired of repeated rent increases) chose to emigrate. This could be taken as resistance to the changes in the Highland agricultural economy, as the introduction of agricultural improvement gave rise to
1856-469: 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,
1972-487: 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
2088-739: Is Scotland’s supreme criminal court and deals with the most serious crime. The Court of Session is the supreme civil court. The majority of crime is prosecuted by The Crown Office and Procurator Fiscal Service , which provides the independent public prosecution service for Scotland similar to the Crown Prosecution Service in England and Wales and the Public Prosecution Service in Northern Ireland. The Crown Office and Procurator Fiscal Service
2204-437: Is also the country’s death investigation service, and is responsible for investigating all suspicious, sudden or unexplained deaths. Unlike England and Wales Scotland has no coronial system to investigate deaths. Instead a Fatal Accident Inquiry (FAI), presided over by a judge, may be established to determine the cause of a death and any steps to prevent deaths in similar circumstances. Except in circumstances where an FAI
2320-406: Is common to speak of "clan crests", there is no such thing. In Scotland (and indeed all of UK) only individuals, not clans, possess a heraldic coat of arms . Even though any clansmen and clanswomen may purchase crest badges and wear them to show their allegiance to his or her clan, the heraldic crest and motto always belong to the chief alone. In principle, these badges should only be used with
2436-400: Is controversial, especially where those decisions relate to cases brought from other legal jurisdictions; however, decisions of the Supreme Court in appeals from Scotland are considered binding precedent . In criminal cases the highest appellate court is the Court of Justiciary and so the common law related to criminal law in Scotland has been largely developed only in Scotland. Rulings of
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#17327799788202552-554: Is mandatory, such as deaths in prison or in police custody, the Crown Office will determine whether an FAI would be in the public interest. Scots law can be traced to its early beginnings as a number of different custom systems among Scotland's early cultures to its modern role as one of the three legal jurisdictions of the United Kingdom. The various historic sources of Scots law, including custom , feudal law , canon law , civilian ius commune and English law have created
2668-602: Is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid. Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of
2784-467: Is the legal system of Scotland . It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law , it is one of the three legal systems of the United Kingdom . Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law
2900-767: Is therefore quite correct to talk of the MacDonald family or the Stirling clan ." The idea that Highlanders should be listed as clans while the Lowlanders should be termed as families was merely a 19th-century convention. Although Gaelic has been supplanted by English in the Scottish Lowlands for nearly six hundred years, it is acceptable to refer to Lowland families, such as the Douglases as "clans". The Lowland Clan MacDuff are described specifically as
3016-741: The Acts of Union 1707 merged the Kingdom of Scotland and the Kingdom of England to form the new Kingdom of Great Britain . Article 19 of the Act confirmed the continuing authority of the College of Justice , Court of Session and Court of Justiciary in Scotland. Article 3, however, merged the Estates of Scotland with the Parliament of England to form the Parliament of Great Britain , with its seat in
3132-580: The Clan Mackenzie were prepared to play off territorial disputes within and among clans to expand their own land and influence. Feuding on the western seaboard was conducted with such intensity that the Clan MacLeod and the Clan MacDonald on the Isle of Skye were reputedly reduced to eating dogs and cats in the 1590s. Feuding was further compounded by the involvement of Scottish clans in
3248-646: The Clan Sweeney , Clan Lamont , Clan MacLea , Clan MacLachlan and Clan MacNeill , can trace their ancestry back to the fifth century Niall of the Nine Hostages , High King of Ireland. However, in reality, the progenitors of clans can rarely be authenticated further back than the 11th century, and a continuity of lineage in most cases cannot be found until the 13th or 14th centuries. The emergence of clans had more to do with political turmoil than ethnicity. The Scottish Crown's conquest of Argyll and
3364-573: The Council of Europe ) and the creation of the devolved Scottish Parliament which may pass legislation within all areas not reserved to Westminster , as detailed by the Scotland Act 1998 . The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2020 was passed by the Scottish Parliament in December 2020. It received royal assent on 29 January 2021 and came into operation on
3480-534: The European Court of Human Rights and the Court of Justice of the European Union also contribute to the common law in the interpretation of the European Convention on Human Rights and European law respectively. The common law of Scotland should not be confused with the common law of England , which has different historical roots. The historical roots of the common law of Scotland are the customary laws of
3596-503: The Heritable Jurisdictions Act which extinguished the right of chiefs to hold courts and transferred this role to the judiciary. The traditional loyalties of clansmen were probably unaffected by this. There is also doubt about any real effect from the banning of Highland dress (which was repealed in 1782 anyway). The Highland Clearances saw further actions by clan chiefs to raise more money from their lands. In
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3712-600: The Highland clearances . The loss of this middle tier of Highland society represented not only a flight of capital from Gaeldom, but also a loss of entrepreneurial energy. The first major step in the clearances was the decision of the Dukes of Argyll to put tacks (or leases) of farms and townships up for auction. This began with Campbell property in Kintyre in the 1710s and spread after 1737 to all their holdings. This action as
3828-537: The Human Rights Act 1998 and European law , otherwise the Court of Session or High Court of Justiciary have the authority to strike down the legislation as ultra vires . There have been a number of high-profile examples of challenges to Scottish Parliament legislation on these grounds, including against the Protection of Wild Mammals (Scotland) Act 2002 where an interest group unsuccessfully claimed
3944-675: The Jacobite risings was the result of their remoteness, and the feudal clan system which required tenants to provide military service. Historian Frank McLynn identifies seven primary drivers in Jacobitism, support for the Stuarts being the least important; a large percentage of Jacobite support in 1745 Rising came from Lowlanders who opposed the 1707 Union , and members of the Scottish Episcopal Church . In 1745,
4060-464: 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
4176-615: The Outer Hebrides from the Norsemen in the 13th century, which followed on from the pacification of the Mormaer of Moray and the northern rebellions of the 12th and 13th centuries, created the opportunity for war lords to impose their dominance over local families who accepted their protection. These warrior chiefs can largely be categorized as Celtic ; however, their origins range from Gaelic to Norse-Gaelic and British . By
4292-514: The Palace of Westminster , London . Under the terms of the Act of Union, Scotland retained its own systems of law, education and Church ( Church of Scotland , Presbyterian polity), separately from the rest of the country. The Parliament of Great Britain otherwise was not restricted in altering laws concerning public right, policy and civil government, but concerning private right, only alterations for
4408-466: The Parliament of the United Kingdom is not subject to revocation by the courts as the Parliament is said to have supreme legal authority; however, application of legislation is subject to judicial review and also in practice, the Parliament will tend not to create legislation which contradicts the Human Rights Act 1998 or European law , although it is technically free to do so. The degree to which
4524-548: The Scotland Act 1998 and the European Communities Act 1972 have special status in the law of Scotland. Modern statutes will specify that they apply to Scotland and may also include special wording to take into consideration unique elements of the legal system. Statutes must receive royal assent from the King before becoming law , however this is now only a formal procedure and is automatic. Legislation of
4640-483: The burghs and lesser landowners. In 1399 a General Council established that the King should hold a parliament at least once a year for the next three years so "that his subjects are served by the law". In 1318 a parliament at Scone enacted a code of law that drew upon older practices, but it was also dominated by current events and focused on military matters and the conduct of the war of Scottish Independence . From
4756-417: The church courts , the direct influence of Roman law was slight up until around the mid-15th century. After this time, civilian ius commune was often adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute; and civil law was in this way partially received in subsidium into Scots law. Since the Acts of Union 1707 , Scotland has shared a legislature with
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4872-534: 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
4988-792: The tribalism that was found in Ancient Europe or the one that is still found in the Middle East and among aboriginal groups in Australasia, Africa, and the Americas. During the 1638 to 1651 Wars of the Three Kingdoms , all sides were 'Royalist', in the sense of a shared belief monarchy was divinely inspired. The choice of whether to support Charles I, or the Covenanter government, was largely driven by disputes within
5104-565: The 14th century we have surviving examples of early Scottish legal literature, such as the Regiam Majestatem (on procedure at the royal courts) and the Quoniam Attachiamenta (on procedure at the baron courts). Both of these important texts, as they were copied, had provisions from Roman law and the ius commune inserted or developed, demonstrating the influence which both these sources had on Scots law. From
5220-593: The 14th century, there had been further influx of kindreds whose ethnicity ranged from Norman or Anglo-Norman and Flemish , such as the Clan Cameron , Clan Fraser , Clan Menzies , Clan Chisholm and Clan Grant . During the Wars of Scottish Independence , feudal tenures were introduced by Robert the Bruce , to harness and control the prowess of clans by the award of charters for land in order to gain support in
5336-577: The 17th century, this had declined and most reiving was known as sprèidh , where smaller numbers of men raided the adjoining Lowlands and the livestock taken usually being recoverable on payment of tascal (information money) and guarantee of no prosecution. Some clans, such as the Clan MacFarlane and the Clan Farquharson , offered the Lowlanders protection against such raids, on terms not dissimilar to blackmail . An act of
5452-401: The 18th century, in an effort to increase the income from their estates, clan chiefs started to restrict the ability of tacksmen to sublet. This meant more of the rent paid by those actually farming the land went to the landowner. The result, though, was the removal of this layer of clan society. In a process that accelerated from the 1770s onward, by the early 19th century the tacksman had become
5568-544: The Church of Scotland. This was supported by many chiefs since it suited the hierarchical clan structure and encouraged obedience to authority. Both Charles and his brother James VII used Highland levies, known as the "Highland Host", to control Campbell-dominated areas in the South-West and suppress the 1685 Argyll's Rising . By 1680, it is estimated there were fewer than 16,000 Catholics in Scotland , confined to parts of
5684-495: The Highlands were a largely non-cash economy, this meant they shifted towards commercial exploitation of their lands, rather than managing them as part of a social system. The costs of living away from their clan lands contributed to the chronic indebtedness that was increasingly common for Highland landowners, eventually leading to the sale of many of the great Highland estates in the late 18th and early 19th century. During
5800-532: The Highlands, others also show Lowland clans or families. Territorial areas and allegiances changed over time, and there are also differing decisions on which (smaller) clans and families should be omitted (some alternative online sources are listed in the External links section below). This list of clans contains clans registered with the Lord Lyon Court . The Lord Lyon Court defines a clan or family as
5916-579: The Kingdom of Scotland and its subjugation of the surrounding cultures, completed by the Battle of Carham , established what are approximately the boundaries of contemporary mainland Scotland. The Outer Hebrides were added after the Battle of Largs in 1263, and the Northern Isles were acquired in 1469, completing what is today the legal jurisdiction of Scotland. From the 12th century feudalism
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#17327799788206032-585: The Lord Advocate (Attorney General) writing in 1680, said: "By the term 'chief' we call the representative of the family from the word chef or head and in the Irish [Gaelic] with us the chief of the family is called the head of the clan". In summarizing this material, Sir Crispin Agnew of Lochnaw Bt wrote: "So it can be seen that all along the words chief or head and clan or family are interchangeable. It
6148-438: The Lowlands increased. This gave an advantage in speaking English, as the "language of work". It was found that when the Gaelic Schools Society started teaching basic literacy in Gaelic in the early decades of the 19th century, there was an increase in literacy in English. This paradox may be explained by the annual report of the Society in Scotland for Propagating Christian Knowledge (SSPCK) in 1829, which stated: "so ignorant are
6264-403: The Parliament began to create unified legal statutes applying in both England and Scotland, particularly when conformity was seen as necessary for pragmatic reasons (such as the Sale of Goods Act 1893 ). Appeal decisions by English judges raised concerns about this appeal to a foreign system, and in the late 19th century Acts allowed for the appointment of Scottish Lords of Appeal in Ordinary . At
6380-439: The Parliament has surrendered this sovereignty is a matter of controversy with arguments generally concerning what the relationship should be between the United Kingdom and the European Union . Acts of the United Kingdom Parliament also regularly delegate powers to Ministers of the Crown or other bodies to produce legislation in the form of statutory instruments . This delegated legislation has legal effect in Scotland so far as
6496-417: The Scottish Parliament of 1597 talks of the "Chiftanis and chieffis of all clannis ... duelland in the hielands or bordouris". It has been argued that this vague phrase describes Borders families as clans. The act goes on to list the various Lowland families, including the Maxwells , Johnstones , Carruthers , Turnbulls, and other famous Border Reivers ' names. Further, Sir George MacKenzie of Rosehaugh,
6612-439: The Scottish elite. In 1639, Covenanter politician Argyll , head of Clan Campbell , was given a commission of 'fire and sword', which he used to seize MacDonald territories in Lochaber , and those held by Clan Ogilvy in Angus . As a result, both clans supported Montrose's Royalist campaign of 1644–1645 , in hopes of regaining them. When Charles II regained the throne in 1660, the Rescissory Act 1661 restored bishops to
6728-413: The Western Highlands and the Hebrides. Many Highland estates were no longer owned by clan chiefs, but landlords of both the new and old type encouraged the emigration of destitute tenants to Canada and, later, to Australia. The clearances were followed by a period of even greater emigration, which continued (with a brief lull for the First World War) up to the start of the Great Depression . Most of
6844-464: The anti-clan legislation was repealed by the end of the eighteenth century as the Jacobite threat subsided, with the Dress Act restricting kilt wearing being repealed in 1782. There was soon a process of the rehabilitation of highland culture. By the nineteenth century, tartan had largely been abandoned by the ordinary people of the region, although preserved in the Highland regiments in the British army, which poor highlanders joined in large numbers until
6960-464: The aristocracy and Gaelic-speaking clans in the Highlands and Islands . When James was deposed in the November 1688 Glorious Revolution , choice of sides was largely opportunistic. The Presbyterian Macleans backed the Jacobites to regain territories in Mull lost to the Campbells in the 1670s; the Catholic Keppoch MacDonalds tried to sack the pro-Jacobite town of Inverness, and were bought off only after Dundee intervened. Highland involvement in
7076-458: The ban on fox hunting violated their human rights. Legislation passed by the Scottish Parliament also requires royal assent which, like with the Parliament of the United Kingdom , is automatically granted. Legislation passed by the pre-1707 Parliament of Scotland still has legal effect in Scotland, though the number of statutes that have not been repealed is limited. Examples include the Royal Mines Act 1424 , which makes gold and silver mines
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#17327799788207192-416: 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
7308-470: 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
7424-402: 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". 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
7540-471: The choice was rarely simple; Donald Cameron of Lochiel committed himself only after he was provided "security for the full value of his estate should the rising prove abortive," while MacLeod and Sleat helped Charles escape after Culloden. In 1493, James IV confiscated the Lordship of the Isles from the MacDonalds. This destabilised the region, while links between the Scottish MacDonalds and Irish MacDonnells meant unrest in one country often spilled into
7656-420: The clan tartan is then recorded in the Lyon Court Books. In at least one instance a clan tartan appears in the heraldry of a clan chief and the Lord Lyon considers it to be the "proper" tartan of the clan. Originally, there appears to have been no association of tartans with specific clans; instead, highland tartans were produced to various designs by local weavers and any identification was purely regional, but
7772-433: 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. Fosterage and manrent were the most important forms of social bonding in
7888-435: 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
8004-417: The country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel . The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions . Although there
8120-413: The different cultures which inhabited the region, which were mixed together with feudal concepts by the Scottish Kings to form a distinct common law. The influence that English-trained judges have had on the common law of Scotland through rulings of the Supreme Court of the United Kingdom (and formerly the House of Lords ) has been at times considerable, especially in areas of law where conformity
8236-455: 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
8352-567: The droving of cattle to the Lowlands for sale, taking a minor share of the payments made to the clan nobility, the fine . They had the important military role of mobilizing the Clan Host , both when required for warfare and more commonly as a large turnout of followers for weddings and funerals, and traditionally, in August, for hunts which included sports for the followers, the predecessors of
8468-501: The emphasis of historians now is on the conversion of chiefs into landlords in a slow transition over a long period. The successive Jacobite rebellions, in the view of T.M. Devine, simply paused the process of change whilst the military aspects of clans regained temporary importance; the apparent surge in social change after the '45 was merely a process of catching up with the financial pressures that gave rise to landlordism. The various pieces of legislation that followed Culloden included
8584-647: The end of the Napoleonic Wars in 1815. The international craze for tartan, and for idealising a romanticised Highlands, was set off by the Ossian cycle published by James Macpherson (1736–96). Macpherson claimed to have found poetry written by the ancient bard Ossian, and published translations that acquired international popularity. Highland aristocrats set up Highland Societies in Edinburgh (1784) and other centres including London (1788). The image of
8700-507: 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
8816-644: The establishment of a specialised group of councillors to the King evolving from the King's Council who dealt solely with the administration of justice. In 1528, it was established that the Lords of Council not appointed to this body were to be excluded from its audiences and it was also this body that four years later in 1532 became the College of Justice. The 1688 Glorious Revolution and the Claim of Right in 1689 established Parliamentary Sovereignty in Scotland, and
8932-466: The establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998 . The Parliament of the United Kingdom has the power to pass statutes on any issue for Scotland, although under the Sewel convention it will not do so in devolved matters without the Scottish Parliament 's consent. The Human Rights Act 1998 ,
9048-524: 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. The concept of dùthchas mentioned above held precedence in
9164-400: The evident utility of the subjects within Scotland were permitted. The Scottish Enlightenment then reinvigorated Scots law as a university-taught discipline. The transfer of legislative power to London and the introduction of appeal in civil but not criminal cases to the House of Lords (now, by appeal to the new Supreme Court of the United Kingdom ) brought further English influence. Acts of
9280-523: 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 . Clan gatherings are a unique feature of Scottish clan culture, where members of a clan convene to celebrate their shared heritage, participate in Highland Games , and discuss clan business. These events serve as a focal point for clan members and help in preserving historical and cultural landmarks, as well as
9396-412: The first phase of clearance, when agricultural improvement was introduced, many of the peasant farmers were evicted and resettled in newly created crofting communities, usually in coastal areas. The small size of the crofts were intended to force the tenants to work in other industries, such as fishing or the kelp industry. With a shortage of work, the numbers of Highlanders who became seasonal migrants to
9512-548: The idea of a clan-specific tartan gained currency in the late 18th century and in 1815 the Highland Society of London began the naming of clan-specific tartans. Many clan tartans derive from a 19th-century hoax known as the Vestiarium Scoticum . The Vestiarium was composed by the " Sobieski Stuarts ", who passed it off as a reproduction of an ancient manuscript of clan tartans. It has since been proven
9628-411: The jurisdictions include the age of legal capacity (16 years old in Scotland but 18 years old in England and Wales), and the fact that equity was never a distinct branch of Scots law. Some examples in criminal law include: In Scotland there are justice of the peace courts and sheriff courts , rather than magistrates' courts or Crown Court as in England and Wales. The High Court of Justiciary
9744-511: The law. After the Restoration of the monarchy in 1660, the incidents of feuding between clans declined considerably. The last "clan" feud that led to a battle and which was not part of a civil war was the Battle of Mulroy , which took place on 4 August 1688. Cattle raiding, known as "reiving" , had been normal practice prior to the 17th century. It was also known as creach , where young men took livestock from neighbouring clans. By
9860-531: 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 not their mother's. However, there have been several cases where
9976-730: The legendary hero of Ulster . Whilst their political enemies the Clan Campbell have claimed as their progenitor Diarmaid the Boar , who was rooted in the Fingalian or Fenian Cycle . In contrast, the Clans Grant , Mackinnon and Gregor claimed ancestry from the Siol Alpin family, who descend from Alpin , father of Kenneth MacAlpin , who united the Scottish kingdom in 843. Only one confederation of clans, which included
10092-421: The majority of clan leaders advised Prince Charles to return to France, including MacDonald of Sleat and Norman MacLeod . By arriving without French military support, they felt Charles failed to keep his commitments, while it is also suggested Sleat and MacLeod were vulnerable to government sanctions due to their involvement in illegally selling tenants into indentured servitude . Enough were persuaded, but
10208-399: The modern Highland games . Where the oighreachd (land owned by the clan elite or fine ) did not match the common heritage of the dùthchas (the collective territory of the clan) this led to territorial disputes and warfare. The fine resented their clansmen paying rent to other landlords. Some clans used disputes to expand their territories. Most notably, the Clan Campbell and
10324-598: The most Gaelic part of Ireland, the Plantation of Ulster tried to ensure stability in Western Scotland by importing Scots and English Protestants. This process was often supported by the original owners; in 1607 Sir Randall MacDonnell settled 300 Presbyterian Scots families on his land in Antrim. This ended the Irish practice of using Highland gallowglass , or mercenaries. The 1609 Statutes of Iona imposed
10440-610: The national cause against the English . For example, the Clan MacDonald were elevated above the Clan MacDougall , two clans who shared a common descent from a great Norse-Gaelic warlord named Somerled of the 12th century. Clanship was thus not only a strong tie of local kinship but also of feudalism to the Scottish Crown. It is this feudal component, reinforced by Scots law, that separates Scottish clanship from
10556-407: The natural environment of Scotland. Clan affiliations aren't solely based on ancestry; people with no Scottish lineage can also be affiliated with a clan, commonly known as "Clan Friends." Rents from those living within the clan estate were collected by the tacksmen . These lesser gentry acted as estate managers, allocating the runrig strips of land, lending seed-corn and tools and arranging
10672-483: 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'. About 30% of Scottish families are attached to
10788-965: The original clan symbol. However, Thomas Innes of Learney claimed the heraldic flags of clan chiefs would have been the earliest means of identifying Scottish clans in battle or at large gatherings. Scots law Charles III William , Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP Scots law ( Scottish Gaelic : Lagh na h-Alba )
10904-412: The original markers were merely specific plants worn in bonnets or hung from a pole or spear. Clan badges are another means of showing one's allegiance to a Scottish clan. These badges, sometimes called plant badges, consist of a sprig of a particular plant. They are usually worn in a bonnet behind the Scottish crest badge; they can also be attached at the shoulder of a lady's tartan sash , or be tied to
11020-427: The other. James VI took various measures to deal with the resulting instability, including the 1587 'Slaughter under trust' law, later used in the 1692 Glencoe Massacre . To prevent endemic feuding, it required disputes to be settled by the Crown, specifically murder committed in 'cold-blood', once articles of surrender had been agreed, or hospitality accepted. Its first recorded use was in 1588, when Lachlan Maclean
11136-585: The parents that it is difficult to convince them that it can be any benefit to their children to learn Gaelic, though they are all anxious ... to have them taught English". The second phase of the Highland clearances affected overpopulated crofting communities which were no longer able to support themselves due to famine and/or collapse of the industries on which they relied. "Assisted passages" were provided to destitute tenants by landlords who found this cheaper than continued cycles of famine relief to those in substantial rent arrears. This applied particularly to
11252-478: The permission of the clan chief; and the Lyon Court has intervened in cases where permission has been withheld. Scottish crest badges, much like clan-specific tartans , do not have a long history, and owe much to Victorian era romanticism , having only been worn on the bonnet since the 19th century. The concept of a clan badge or form of identification may have some validity, as it is commonly stated that
11368-467: The property of the King , and the Leases Act 1449 , which is still relied on today in property law cases. Legislation which forms part of the law of Scotland should not be confused with a civil code as it does not attempt to comprehensively detail the law. Legislation forms only one of a number of sources. Common law is an important legal source in Scotland, especially in criminal law where
11484-400: The reformation of the Scottish Parliament . An early Scottish legal compilation, Regiam Majestatem , was based heavily on Glanvill 's English law treatise , although it also contains elements of civil law , feudal law, canon law, customary law and native Scots statutes . Although there was some indirect Roman-law influence on Scots law, via medieval ius commune and canon law used in
11600-407: The reign of King James I to King James V the beginnings of a legal profession began to develop and the administration of criminal and civil justice was centralised. The Parliament of Scotland was normally called on an annual basis during this period and its membership was further defined. The evolution of the modern Court of Session also traces its history to the 15th and early 16th century with
11716-474: The rest of the United Kingdom . Scotland retained a fundamentally different legal system from that of England and Wales , but the Union brought English influence on Scots law. In recent years, Scots law has also been affected by European law under the Treaties of the European Union , the requirements of the European Convention on Human Rights (entered into by members of the Council of Europe ) and
11832-478: The romantic highlands was further popularised by the works of Walter Scott . His "staging" of the royal visit of King George IV to Scotland in 1822 and the King's wearing of tartan, resulted in a massive upsurge in demand for kilts and tartans that could not be met by the Scottish linen industry. The designation of individual clan tartans was largely defined in this period and they became a major symbol of Scottish identity. This "Highlandism", by which all of Scotland
11948-716: The same day. It provides powers for the Scottish Ministers to keep devolved Scots law in alignment with future EU Law . The United Kingdom, judicially, consists of three jurisdictions : England and Wales, Scotland, and Northern Ireland. There are important differences among Scots law, English law and Northern Irish law in areas such as property law , criminal law , trust law , inheritance law , evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial law , consumer rights, taxation, employment law and health and safety regulations. Examples of differences among
12064-541: The same time, a series of cases made it clear that no appeal lay from the High Court of Justiciary to the House of Lords. Today the Supreme Court of the United Kingdom usually has a minimum of two Scottish justices to ensure that some Scottish experience is brought to bear on Scottish appeals. Scots law has continued to change and develop in the 20th century, with the most significant change coming under devolution and
12180-399: The specific provisions of the statutory instrument are duly authorised by the powers of the Act, a question which can be subjected to judicial review. The Scottish Parliament is a devolved unicameral legislature that has the power to pass statutes only affecting Scotland on matters within its legislative competence . Legislation passed by the Scottish Parliament must also comply with
12296-400: 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
12412-595: The wars between the Irish Gaels and the English Tudor monarchy in the 16th century. Within these clans, there evolved a military caste of members of the lesser gentry who were purely warriors and not managers, and who migrated seasonally to Ireland to fight as mercenaries. There was heavy feuding between the clans during the civil wars of the 1640s; however, by this time, the chiefs and leading gentry preferred increasingly to settle local disputes by recourse to
12528-417: 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,
12644-426: Was executed at Inverness by King James I of Scotland in 1427. The lands of the clan were given by John of Islay, Earl of Ross to Hugh MacDonald, Lord of Sleat in 1495, however Clan Ranald disputed and fought against this charter. Scottish Clan A Scottish clan (from Scottish Gaelic clann , literally 'children', more broadly 'kindred' ) is a kinship group among the Scottish people . Clans give
12760-457: Was gradually introduced to Scotland and established feudal land tenure over many parts of the south and east, which eventually spread northward. As feudalism began to develop in Scotland early court systems began to develop, including early forms of Sheriff Courts . Under Robert the Bruce the importance of the Parliament of Scotland grew as he called parliaments more frequently, and its composition shifted to include more representation from
12876-476: Was identified with the culture of the Highlands, was cemented by Queen Victoria 's interest in the country, her adoption of Balmoral Castle as a major royal retreat from and her interest in "tartenry". The revival of interest, and demand for clan ancestry, has led to the production of lists and maps covering the whole of Scotland giving clan names and showing territories, sometimes with the appropriate tartans . While some lists and clan maps confine their area to
12992-469: 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
13108-399: 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
13224-629: Was prosecuted for the murder of his new stepfather, John MacDonald, and 17 other members of the MacDonald wedding party. Other measures had limited impact; imposing financial sureties on landowners for the good behaviour of their tenants often failed, as many were not regarded as the clan chief. The 1603 Union of the Crowns coincided with the end of the Anglo-Irish Nine Years' War , followed by land confiscations in 1608 . Previously
13340-425: Was required across the United Kingdom for pragmatic reasons. This has resulted in rulings with strained interpretations of the common law of Scotland, such as Smith v Bank of Scotland . A number of works by academic authors, called institutional writers , have been identified as formal sources of law in Scotland since at least the 19th century. The exact list of authors and works, and whether it can be added to,
13456-456: Was some indirect Roman law influence on Scots law, the direct influence of Roman law was slight up until around the 15th century. After this time, Roman law was often adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute; and Roman law was in this way partially received into Scots law. Since the Union with England Act 1707 , Scotland has shared
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