Scottish clan chief

Historically the principal function of the chief was to lead the 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. Most notable was the Heritable Jurisdictions (Scotland) Act 1746 (20 Geo. 2. c. 43) that abolished traditional rights of jurisdiction afforded to Scottish clan chiefs. ==Recognition of chiefs in Scots law==

"Clan chiefs" and "clan chieftains" While Scottish law recognizes the existence of clans, chiefs and chieftains, 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. 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. 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. Further, although no Scottish court can exercise a jurisdiction to determine disputes of competing claimants to a chiefship or chieftainship, 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". 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. The term chief of clan and principals of branches is not to persons bearing coats of arms; chiefship and chieftainship have no armorial significance. Although the chief of clan and Chief of the Name and Arms may concur in the same person they are not the same term. Clans with clan commanders are still referred to as armigerous clans. ==Clan chief prerogatives==

Supporters 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. Eagle feathers 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. Sashes 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. Form of address ==See also==