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 honors 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.
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