Similar misconceptions have prevailed regarding Highland
marriage-customs. This was, perhaps, to be expected. In a country
where a bastard son was often found in undisturbed possession of the
chiefship or property of a clan, and where such bastard generally
received the support of the clansmen against the claims of the
feudal heir, it was natural to suppose that very loose notions of
succession were entertained by the people; that legitimacy conferred
no exclusive rights; and that the title founded on birth alone might
be set aside in favour of one having no other claim than that of
election. But this, although a plausible, would nevertheless be an
erroneous supposition. The person here considered as a bastard,
and described as such, was by no means viewed in the same light
by the Highlanders, because, according to their law of marriage,
which was originally very different from the feudal system in this
matter, his claim to legitimacy was as undoubted as that of the
feudal heir afterwards became. It is well known that the notions
of the Highlanders were peculiarly strict in regard to matters of
hereditary succession, and that no people on earth was less likely
to sanction any flagrant deviation from what they believed to be the
right and true line of descent. All their peculiar habits, feelings,
and prejudices were in direct opposition to a practice, which, had
it been really acted upon, must have introduced endless disorder
and confusion; and hence the natural explanation of this apparent
anomaly seems to be, what Mr Skene has stated, namely, that a person
who was feudally a bastard might in their view be considered as
legitimate, and therefore entitled to be supported in accordance
with their strict ideas of hereditary right, and their habitual
tenacity of whatever belonged to their ancient usages. Nor is this
mere conjecture or hypothesis. A singular custom regarding marriage,
retained till a late period amongst the Highlanders, and clearly
indicating that their law of marriage originally differed in some
essential points from that established under the feudal system, seems
to afford a simple and natural explanation of the difficulty by which
genealogists have been so much puzzled.
Public-domain text, read in full here on John Shaqi.
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