The peculiar position of the _toshach_, with the power and
consequence attached to it, naturally pointed him out as the person
to whom recourse would be had in circumstances of difficulty;
and hence arose an apparent anomaly which has led to no little
misconception and confusion. The difficulty, however, may easily
be cleared by a short explanation. When, through misfortune or
otherwise, the family of the chief had become so reduced that he
could no longer afford to his clan the protection required, and which
formed the correlative obligation on his part to that of fealty and
obedience on theirs, then the clansmen followed the oldest cadet as
the head of the most powerful sept or branch of the clan; and he
thus enjoyed, sometimes for a considerable period, all the dignity,
consequence, and privileges of a chief, without, of course, either
possessing a right, _jure sanguinis_, to that station, or even
acquiring the title of the office which he, _de facto_, exercised. He
was merely a sort of patriarchal regent, who exercised the supreme
power, and enjoyed prerogatives of royalty without the name. While
the system of clanship remained in its original purity, no such
regency, or interregnum, could ever take place. But, in process
of time, many circumstances occurred to render it both expedient
and necessary. In fact, clanship, in its ancient purity, could
scarcely co-exist with the feudal system, which introduced changes
so adverse to its true spirit; and hence, when the territory had
passed, by descent, into the hands of a Lowland baron, or when, by
some unsuccessful opposition to the government, the chief had brought
ruin upon himself and his house, and was no longer in a condition to
maintain his station and afford protection to his clan, the latter
naturally placed themselves under the only head capable of occupying
the position of their chief, and with authority sufficient to command
or enforce obedience. In other words, they sought protection at
the hands of the oldest cadet; and he, on his part, was known by
the name, not of chief, which would have been considered a gross
usurpation, but of _captain_, or leader of the clan. It is clear,
therefore, that this dignity was one which owed its origin to
circumstances, and formed no part of the original system, as has been
generally but erroneously supposed. If an anomaly, it was one imposed
by necessity, and the deviation was confined, as we have seen, within
the narrowest possible limits. It was altogether unknown until a
recent period in the history of the Highlands, and, when it did come
into use, it was principally confined to three clans, namely, Clan
Chattan, Clan Cameron, and Clan Ranald; an undoubted proof that it
was not a regular but an exceptional dignity, that it was a temporary
expedient, not part of a system; and that a captain differed as
essentially from a chief as a regent differs from an hereditary
sovereign. “It is evident,” says Mr Skene, who has the merit of being
Public-domain text, read in full here on John Shaqi.
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