It appears, indeed, that, as late as the sixteenth century, the
issue of a hand-fast marriage claimed the earldom of Sutherland. The
claimant, according to Sir Robert Gordon, described himself as one
lawfully descended from his father, John, the third earl, because,
as he alleged, “his mother was _hand-fasted_ and fianced to his
father;” and his claim was bought off (which shows that it was not
considered as altogether incapable of being maintained) by Sir Adam
Gordon, who had married the heiress of Earl John. Such, then, was
the nature of the peculiar and temporary connexion, which gave rise
to the apparent anomalies which we have been considering. It was a
custom which had for its object, not to interrupt, but to preserve
the lineal succession of the chiefs, and to obviate the very evil
of which it is conceived to afford a glaring example. But after the
introduction of the feudal law, which, in this respect, was directly
opposed to the ancient Highland law, the lineal and legitimate heir,
according to Highland principles, came to be regarded as a bastard
by the government, which accordingly considered him as thereby
incapacitated for succeeding to the honours and property of his race;
and hence originated many of those disputes concerning succession and
chiefship, which embroiled families with one another as well as with
the government, and were productive of incredible disorder, mischief,
and bloodshed. No allowance was made for the ancient usages of the
people, which were probably but ill understood; and the rights of
rival claimants were decided according to the principles of a foreign
system of law, which was long resisted, and never admitted except
from necessity. It is to be observed, however, that the Highlanders
themselves drew a broad distinction between bastard sons and the
issue of the hand-fast unions above described. The former were
rigorously excluded from every sort of succession, but the latter
were considered as legitimate as the offspring of the most regularly
solemnized marriage.
Public-domain text, read in full here on John Shaqi.
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