To this general view of the constitution of society in the Highlands,
little remains to be added. The chief, as we have seen, was a sort
of _regulus_, or petty prince, invested with an authority which
was in its nature arbitrary, but which, in its practical exercise,
seems generally to have been comparatively mild and paternal. He was
subjected to no theoretical or constitutional limitations, yet, if
ferocious in disposition, or weak in understanding, he was restrained
or directed by the elders of the tribe, who were his standing
counsellors, and without whose advice no measure of importance
could be decided on. Inviolable custom supplied the deficiency of
law. As his distinction and power consisted chiefly in the number
of his followers, his pride as well as his ambition became a
guarantee for the mildness of his sway; he had a direct and immediate
interest to secure the attachment and devotion of his clan; and his
condescension, while it raised the clansman in his own estimation,
served also to draw closer the ties which bound the latter to his
superior, without tempting him to transgress the limits of propriety.
The Highlander was thus taught to respect himself in the homage
which he paid to his chief. Instead of complaining of the difference
of station and fortune, or considering prompt obedience as slavish
degradation, he felt convinced that he was supporting his own honour
in showing respect to the head of his family, and in yielding a ready
compliance to his will. Hence it was that the Highlanders carried in
their demeanour the politeness of courts without the vices by which
these are too frequently dishonoured, and cherished in their bosoms
a sense of honour without any of its follies or extravagances. This
mutual interchange of condescension and respect served to elevate the
tone of moral feeling amongst the people, and no doubt contributed to
generate that principle of incorruptible fidelity of which there are
on record so many striking and even affecting examples. The sentiment
of honour, and the firmness sufficient to withstand temptation, may
in general be expected in the higher classes of society; but the
voluntary sacrifice of life and fortune is a species of self-devotion
seldom displayed in any community, and never perhaps exemplified to
the same extent in any country as in the Highlands of Scotland.[135]
The punishment of treachery was a kind of conventional outlawry or
banishment from society, a sort of _aquæ et ignis interdictio_ even
more terrible than the punishment inflicted under that denomination,
during the prevalence of the Roman law. It was the judgment of all
against one, the condemnation of society, not that of a tribunal; and
the execution of the sentence was as complete as its ratification was
universal. Persons thus intercommuned were for ever cut off from the
society to which they belonged; they incurred civil death in its most
appalling form, and their names descended with infamy to posterity.
Public-domain text, read in full here on John Shaqi.
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