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Clan Cameron

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135-608: Clan Cameron is a West Highland Scottish clan , with one main branch Lochiel, and numerous cadet branches . The Clan Cameron lands are in Lochaber , and within their lands lies Ben Nevis , the highest mountain in the British Isles . The Chief of the clan is customarily referred to as simply "Lochiel". Like with many clans, the origins of Clan Cameron's chiefly family are uncertain and there are several theories, as well as fanciful origin legends. One such legend claims that Lochiel, like

270-615: A Highland clan in the western end of the Great Glen in Lochaber . The aforementioned Donald Dubh likely did so through the marriage of a local heiress of the Mael-anfhaidh kindred ( Clan Mael-anfaidh , which Moncreiffe translates as "children of He who was Dedicated to the Storm"). The Collins Scottish Clan Encyclopedia states that the heiress was from the MacMartin of Letterfinlay family. By

405-711: A Knight of the Thistle in 1973. There are several tartans of Clan Cameron. Others include: There are two crests that can be worn, the original Dexter Arm crest and the Five Arrows crest representing the five united branches of the clan with a band under the overall leadership of the Camerons of Lochiel. The five branches are: Scottish Highlands The Highlands ( Scots : the Hielands ; Scottish Gaelic : a' Ghàidhealtachd [ə ˈɣɛːəl̪ˠt̪ʰəxk] , lit.   '

540-601: A Universal Service Obligation to charge a uniform tariff across the UK. This, however, applies only to mail items and not larger packages which are dealt with by its Parcelforce division. The Highlands lie to the north and west of the Highland Boundary Fault , which runs from Arran to Stonehaven . This part of Scotland is largely composed of ancient rocks from the Cambrian and Precambrian periods which were uplifted during

675-788: A challenge to their authority; the Highlands was seen by many as a lawless region. The Scots of the Lowlands viewed the Highlanders as backward and more "Irish". The Highlands were seen as the overspill of Gaelic Ireland. They made this distinction by separating Germanic "Scots" English and the Gaelic by renaming it "Erse" a play on Eire. Following the Union of the Crowns , James VI had the military strength to back up any attempts to impose some control. The result was, in 1609,

810-555: A consequence of all this, eviction, as part of the Highland clearances , of many tenants and cottars. Some of those cleared found employment on the new, larger farms, others moved to the accessible towns of the Lowlands. In the West and North, evicted tenants were usually given tenancies in newly created crofting communities, while their former holdings were converted into large sheep farms. Sheep farmers could pay substantially higher rents than

945-420: A courtroom. In turn, the defendant had to issue a "mentita", meaning that he had to tell the agent "you lie", which consisted of an injury of words. After this, the agent had to issue a notarised cartello , or a notice of challenge, to the defendant, which, if accepted, would set the formal proceedings in motion. The defendant had the important advantage of the election of weapons. This was done to ensure that

1080-457: A jury. Peers of the realm, priests, and citizens of the City of London (the last pursuant to their guarantee of ancient liberties under Magna Carta ) could also decline the battle if challenged. If the actual battle took place, it would occur in judicial lists , 60 feet (18 m) square, following the taking of oaths against witchcraft and sorcery. If the defendant was defeated and still alive, he

1215-429: A man named David Zachary Ostrom requested a trial by combat in response to a custody and property dispute with his ex-wife over their children. Following Ostrom requesting trial by combat, he was court-ordered to be administered a sanity test and was temporarily restricted from parenting rights. Upon successfully clearing his sanity test, Ostrom's parenting time was restored. Ostrom has since admitted that he initially made

1350-501: A position in the royal household. The duel was watched by the royal court, several royal dukes, and thousands of ordinary Parisians and was recorded in several notable chronicles including Froissart's Chronicles and Grandes Chroniques de France . It has since been covered by several notable texts, including Diderot 's Encyclopédie , Voltaire and the Encyclopædia Britannica Eleventh Edition , and also by

1485-477: A private prosecution was last conducted in the case of Ashford v Thornton in 1818. Pronouncing judgment in favour of the accused's plea claiming the wager of battle, Justice Bayley of the King's Bench said that: One inconvenience attending this mode of proceeding is, that the party who institutes it must be willing, if required, to stake his life in support of his accusation. Parliament abolished wager of battle

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1620-426: A promise to pay Thomas of Brydges an annual retainer fee for acting as champion, with additional stipend and expenses paid for each fight. In criminal cases, an approver was often chosen from the accomplices of the accused or from prison to do the fighting for the crown. Approvers sometimes were given their freedom after winning five trials but sometimes were hanged anyway. In practice, a person facing trial by combat

1755-555: A separate whisky producing region.) This massive area has over 30 distilleries, or 47 when the Islands sub-region is included in the count. According to one source, the top five are Macallan , Glenfiddich , Aberlour , Glenfarclas , and Balvenie . While Speyside is geographically within the Highlands, that region is specified as distinct in terms of whisky productions. Speyside single malt whiskies are produced by about 50 distilleries. According to Visit Scotland , Highlands whisky

1890-686: A standoff without bloodshed that saw the Camerons finally end their 328-year feud with the Chattan Confederation , led by the Clan Mackintosh. In 1668, Sir Ewen Cameron of Lochiel , XVII Chief was responsible for keeping the peace between his men and Clan Mackintosh. However, when he was away in London a feud broke out between Clan MacDonald and the Mackintoshes. As Sir Ewen was away he was not able to hold back his clan, and they made contribution to

2025-522: A suit of leather armour , bare to the knees and elbows and covered by a red surcoat of a light type of silk called sendal . The litigants appeared in person. The combat was to begin before noon and be concluded before sunset. Either combatant could end the fight and lose his case by crying out the word "Craven!", from the Old French cravanté , "defeated", which acknowledged "(I am) vanquished." The party who did so, however, whether litigant or champion,

2160-531: A trade of black cattle into Lowland markets, and this was balanced by imports of meal into the area. There was a critical reliance on this trade to provide sufficient food, and it is seen as an essential prerequisite for the population growth that started in the 18th century. Most of the Highlands, particularly in the North and West, was short of the arable land that was essential for the mixed, run rig based, communal farming that existed before agricultural improvement

2295-407: A trial by combat in the event of two families disputing the boundary between their lands. A handful of earth taken from the disputed piece of land is put between the contestants and they are required to touch it with their swords, each swearing that their claim is lawful. The losing party besides forfeiting their claim to the land is required to pay a fine. Capitularies governing its use appear from

2430-561: A trial not at common law but under consiliar jurisdiction. It is uncertain when the last actual trial by battle in Britain took place. While some references speak of such a trial being held in 1631, records indicate that King Charles I intervened to prevent the battle. A 1638 case is less clear: it involved a legal dispute between Ralf Claxton and Richard Lilburne (the latter the father of John Lilburne ). The king again stepped in, and judges acted to delay proceedings. No record survives of

2565-582: Is "fruity, sweet, spicy, malty". Another review states that Northern Highlands single malt is "sweet and full-bodied", the Eastern Highlands and Southern Highlands whiskies tend to be "lighter in texture" while the distilleries in the Western Highlands produce single malts with a "much peatier influence". The Scottish Reformation achieved partial success in the Highlands. Roman Catholicism remained strong in some areas, owing to remote locations and

2700-409: Is confusion and consternation over the scale of the fees charged and the effectiveness of their communication, and the use of the word Mainland in their justification. Since the charges are often based on postcode areas, many far less remote areas, including some which are traditionally considered part of the lowlands, are also subject to these charges. Royal Mail is the only delivery network bound by

2835-666: Is formed along a transform fault which divides the Grampian Mountains to the southeast from the Northwest Highlands . The entire region was covered by ice sheets during the Pleistocene ice ages, save perhaps for a few nunataks . The complex geomorphology includes incised valleys and lochs carved by the action of mountain streams and ice, and a topography of irregularly distributed mountains whose summits have similar heights above sea-level, but whose bases depend upon

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2970-589: Is known to many cultures worldwide, trial by combat is known primarily from the customs of the Germanic peoples . The practice was "almost universal in Europe" according to medievalist Eric Jager . It was in use among the ancient Burgundians , Ripuarian Franks , Alamans , Lombards , and Swedes . It was unknown in Anglo-Saxon law and Roman law and it does not figure in the traditions of Middle Eastern antiquity such as

3105-544: Is now one of the most sparsely populated in Europe. At 9.1/km (24/sq mi) in 2012, the population density in the Highlands and Islands is less than one seventh of Scotland's as a whole. The Highland Council is the administrative body for much of the Highlands, with its administrative centre at Inverness . However, the Highlands also includes parts of the council areas of Aberdeenshire , Angus , Argyll and Bute , Moray , North Ayrshire , Perth and Kinross , Stirling and West Dunbartonshire . The Scottish Highlands

3240-463: Is recorded was Wulfstan v. Walter (1077), eleven years after the Conquest. Significantly, the names of the parties suggest that it was a dispute between a Saxon and a Norman . The Tractatus of Glanvill , from around 1187, appears to have considered it the chief mode of trial, at least among aristocrats entitled to bear arms. Around 1219, trial by jury replaced trial by ordeal, which had been

3375-627: Is the only area in the British Isles to have the taiga biome as it features concentrated populations of Scots pine forest: see Caledonian Forest . It is the most mountainous part of the United Kingdom . Between the 15th century and the mid-20th century, the area differed from most of the Lowlands in terms of language. In Scottish Gaelic, the region is known as the Gàidhealtachd , because it

3510-471: Is to await the accused at the designated place of combat. If the accused does not appear after being summoned three times, the accuser may execute two cuts and two stabs against the wind, and his matter will be treated as if he had won the fight. The Kleines Kaiserrecht , an anonymous legal code of c.  1300 , prohibits judicial duels altogether, stating that the emperor had come to this decision on seeing that too many innocent men were convicted by

3645-563: Is to be found at Fort William honoring the bravery of Col John Cameron, who died at Quatre Bras, part of the Battle of Waterloo . During World War I Sir Donald Walter Cameron of Lochiel , KT XXV Chief raised four additional battalions of the Queen's Own Cameron Highlanders. In 1934, he was appointed a Knight of the Thistle . Notably, the Cameron Highlanders were the last battalions that wore

3780-908: Is used in elections to the Scottish Parliament : this area includes Orkney and Shetland , as well as the Highland Council local government area, the Western Isles and most of the Argyll and Bute and Moray local government areas. Highlands and Islands has, however, different meanings in different contexts. It means Highland (the local government area), Orkney, Shetland, and the Western Isles in Highlands and Islands Fire and Rescue Service . Northern , as in Northern Constabulary , refers to

3915-565: The Codex Wallerstein show similar material. While commoners were required to present their case to a judge before duelling, members of the nobility did have the right to challenge each other for duels without the involvement of the judiciary, so that duels of this kind were separate from the judicial duel already in the Middle Ages and were not affected by the latter's abolition in the early 16th century by Emperor Maximilian I , evolving into

4050-634: The Battle of Flodden in 1513. In 1544, a feud took place over the disputed chiefship of the Clan MacDonald of Clan Ranald and this resulted in the Battle of the Shirts where the Camerons provided archers in support of the MacDonalds against the Clan Fraser of Lovat who were defeated. Legend has it that only five Frasers and eight MacDonalds survived. The Camerons subsequently carried out successful raids upon

4185-816: The Battle of Glen Shiel in 1719, after which the 18th Chief John Cameron of Lochiel , after hiding for a time in the Scottish Highlands , made his way back to exile in France. General Wade 's report on the Highlands in 1724, estimated the clan strength at 800 men. When Charles Edward Stuart landed in Scotland in August 1745 he was met by the Lochiel, 19th Clan Chief, who pledged his Clan 's full support. The Jacobite rising of 1745 might never had happened if Lochiel had not come out with his clan. The Clan Cameron fought as Jacobites at

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4320-468: The Battle of Prestonpans (1745), Battle of Falkirk (1746) , and on the frontline at the Battle of Culloden (16 April 1746). After the Battle of Culloden , a wounded Donald Cameron of Lochiel , known as Gentle Lochiel , was assisted by a Clan Chattan MacBain to escape and he eventually took refuge in France, where he died in October 1748. Jean Cameron of Glendessary , known as 'Bonnie Jean Cameron',

4455-584: The Boston Tea Party , Parliament considered a bill that would have abolished appeals of murder and trials by battle in the American colonies. It was successfully opposed by Member of Parliament John Dunning , who called the appeal of murder "that great pillar of the Constitution". Writer and MP Edmund Burke , on the other hand, supported the abolition, calling the appeal and wager "superstitious and barbarous to

4590-634: The Cairngorms and the Cuillin of Skye . A significant exception to the above are the fossil-bearing beds of Old Red Sandstone found principally along the Moray Firth coast and partially down the Highland Boundary Fault. The Jurassic beds found in isolated locations on Skye and Applecross reflect the complex underlying geology. They are the original source of much North Sea oil . The Great Glen

4725-722: The Church of Scotland . In contrast to the Catholic southern islands, the northern Outer Hebrides islands (Lewis, Harris and North Uist) have an exceptionally high proportion of their population belonging to the Protestant Free Church of Scotland or the Free Presbyterian Church of Scotland . The Outer Hebrides have been described as the last bastion of Calvinism in Britain and the Sabbath remains widely observed. Inverness and

4860-640: The Clan Grant and Clan Fraser lands, which were incredibly rich and fertile to the Lochaber men. Owing to his role in this conflict Ewen Cameron fell into disfavour with the Earl of Huntly , Chief of Clan Gordon and Lieutenant of the North. Chief Ewen Cameron would be executed as a result of this battle and other actions at Elgin in 1547. The Battle of Bun Garbhain was fought in 1570 when Donald Dubh Cameron, XV Chief of Clan Cameron, had died, leaving an infant son, Allan, at

4995-470: The Delaware Court of Chancery rejected the defendant's request for "trial by combat to the death" on the grounds that dueling was illegal. In Forgotten Trial Techniques: The Wager of Battle , Donald J. Evans set out the possibility of a trial by battle in the setting of a lawyer's office. A tongue-in-cheek motion during 2015 for trial by combat in response to a civil suit was rejected in 2016. In 2020,

5130-801: The Duke of Gordon who proceeded to raise rents and clear the land with the aid of his Factor , the Revd John Anderson. The Duke's clearances from the Lochaber Estate through his reverend factotum went on until 1806. Many Camerons around the world trace their origins to people removed from their lands during the Highland Clearances. During the Revolutionary War and Napoleonic Wars , John Cameron of Fassiefern fought with distinction in widespread theatres from 1793 onwards, before being killed at

5265-581: The Irish Land War underway at the same time, where the Irish were intensely politicised through roots in Irish nationalism, while political dimensions were limited. In 1885 three Independent Crofter candidates were elected to Parliament, which listened to their pleas. The results included explicit security for the Scottish smallholders in the "crofting counties"; the legal right to bequeath tenancies to descendants; and

5400-473: The North Inch in front of King Robert III . The battle was intended to resolve a dispute over which clan was to hold the right flank in an upcoming battle of both clans (and several others) against Clan Cameron. The Clan Macpherson is thought to have won, but only twelve men survived from the original sixty. The last trial by combat under the authority of an English monarch is thought to have taken place during

5535-530: The Statutes of Iona which started the process of integrating clan leaders into Scottish society. The gradual changes continued into the 19th century, as clan chiefs thought of themselves less as patriarchal leaders of their people and more as commercial landlords. The first effect on the clansmen who were their tenants was the change to rents being payable in money rather than in kind. Later, rents were increased as Highland landowners sought to increase their income. This

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5670-598: The clan system , including bans on the bearing of arms and the wearing of tartan , and limitations on the activities of the Scottish Episcopal Church . Most of this legislation was repealed by the end of the 18th century as the Jacobite threat subsided. There was soon a rehabilitation of Highland culture. Tartan was adopted for Highland regiments in the British Army, which poor Highlanders joined in large numbers in

5805-678: The code of Hammurabi or the Torah . However, it is recorded in the medieval Irish Brehon Laws , such as Din Techtugad . The practice is regulated in various Germanic legal codes . Being rooted in Germanic tribal law, the various regional laws of the Frankish Empire (and the later Holy Roman Empire ) prescribed different particulars, such as equipment and rules of combat. The Lex Alamannorum ( recension Lantfridana 81, dated to 712–730 AD) prescribes

5940-400: The kilt in battle, due to the purposeful delaying of orders by commanding officers in the battalions (no one wanted to give up the kilt) and a surprise attack by the Germans (successfully repelled). For this they earned the nickname of 'Ladies from Hell'. Sir Donald Hamish Cameron of Lochiel , KT XXVI Chief served with Cameron Highlanders, later becoming Honorary Colonel, and was appointed

6075-434: The "Highland line" distinguished the two Scottish cultures. While the Highland line broadly followed the geography of the Grampians in the south, it continued in the north, cutting off the north-eastern areas, that is Eastern Caithness , Orkney and Shetland , from the more Gaelic Highlands and Hebrides. Historically, the major social unit of the Highlands was the clan . Scottish kings, particularly James VI , saw clans as

6210-477: The 12th century. Unniyarcha , Aromal Chekavar and others were warriors of Chekavar lineage. It was during their period that kalaripayattu spread widely in southern Kerala . At the time of independence in 1776, trial by combat had not been abolished and it has never formally been abolished since. The question of whether trial by combat remains a valid alternative to civil action has been argued to remain open, at least in theory. In McNatt v. Richards (1983),

6345-414: The 15th century, after the Mael-anfhaidh chiefship had passed into the Cameron family, the local families of MacMartin of Letterfinlay, MacGillonie of Strone and MacSorley of Glen Nevis were absorbed within the incoming Clan Cameron. In consequence, the early chiefs of the Highland Camerons were sometimes styled "MacGillonay". Studies of Manuscript 1467 have thrown closer light on the relationships between

6480-442: The 16th century, dueling became illegal; however, its customs were maintained and utilized by most middle to upper social classes until the beginning of the 19th century. In the 15th century in the Malabar region of India, the same Kalaripayattu competition was held by the Thiyya caste, who are the Chekavars . A special kind of fighter called a chekvar was engaged to duel another chekavar on behalf of two opposing rulers to prevent

6615-419: The 2004 book The Last Duel by Eric Jager . About AD 630, Gundeberga , wife of the Lombard King Arioald (626–636), is supposed to have been accused by a disappointed lover of a plot to poison the king and take another man. King Arioald consented that her innocence should be tested by single combat between her accuser and a nobleman who undertook to defend her . The accuser having been slain, Gundeberga

6750-449: The Camerons, MacGillonies, MacMartins and others. The MacMartins and MacMillians are also sometimes described as being related to the Old Clan Chattan Since the 15th century though, Clan Cameron chiefs have been more commonly styled Mac Dhomnuill Dubh , in reference to the first Cameron chief whom succession can be traced. Donald Dubh was the first "authentic" chief or captain of this confederation of tribes which gradually became known as

6885-400: The Clan Cameron fought at the Battle of Harlaw near Inverurie in Aberdeenshire in support of Domhnall of Islay, Lord of the Isles , chief of Clan Donald who claimed the title of Earl of Ross . Their enemy was Robert Stewart, Duke of Albany . The Camerons also fought at the Battle of Lochaber in 1429, between forces led by Alexander of Islay, Earl of Ross , 3rd Lord of the Isles and

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7020-399: The Clan Cameron, taking the name of their captain as the generic name of the whole, until the clan was first officially recognized by that name in a charter of 1472. According to tradition, during the Wars of Scottish Independence , the Clan Cameron fought for King Robert the Bruce , led by John de Cameron, VII Chief against the English at the Battle of Bannockburn in 1314 and later led by

7155-403: The Hebrides. In traditional Scottish geography , the Highlands refers to that part of Scotland north-west of the Highland Boundary Fault , which crosses mainland Scotland in a near-straight line from Helensburgh to Stonehaven . However the flat coastal lands that occupy parts of the counties of Nairnshire , Morayshire, Banffshire and Aberdeenshire are often excluded as they do not share

7290-445: The Highlands is geographically on the British mainland, it is somewhat less accessible than the rest of Britain; thus most UK couriers categorise it separately, alongside Northern Ireland , the Isle of Man , and other offshore islands. They thus charge additional fees for delivery to the Highlands, or exclude the area entirely. While the physical remoteness from the largest population centres inevitably leads to higher transit cost, there

7425-408: The Highlands, wiping out the essential subsistence crop for the overcrowded crofting communities. As the famine struck, the government made clear to landlords that it was their responsibility to provide famine relief for their tenants. The result of the economic downturn had been that a large proportion of Highland estates were sold in the first half of the 19th century. T M Devine points out that in

7560-419: The Lowlands. This gave impetus to the learning of English, which was seen by many rural Gaelic speakers to be the essential "language of work". Older historiography attributes the collapse of the clan system to the aftermath of the Jacobite risings. This is now thought less influential by historians. Following the Jacobite rising of 1745 the British government enacted a series of laws to try to suppress

7695-433: The Lowlands. When the potato famine ceased in 1856, this established a pattern of more extensive working away from the Highlands. The unequal concentration of land ownership remained an emotional and controversial subject, of enormous importance to the Highland economy, and eventually became a cornerstone of liberal radicalism. The poor crofters were politically powerless, and many of them turned to religion. They embraced

7830-427: The MacDonald victory over the Mackintoshes and Mackenzies at the Battle of Mulroy , east of Spean Bridge . The Clan Cameron fought as Jacobites at the Battle of Killiecrankie in July, 1689, the Battle of Dunkeld in August, 1689, and the Battle of Cromdale in May, 1690. During the Jacobite rising of 1715 the Clan Cameron supported the Jacobite cause fighting at the Battle of Sheriffmuir . They later fought at

7965-410: The Mackintoshes and MacDonalds of Keppoch. In 1491 the Clan Cameron took part in the Raid on Ross . In 1505, during Dubh's Rebellion , the Battle of Achnashellach is said to have taken place between the Camerons against the Clan Munro and the Clan Mackay . During the Anglo-Scottish Wars the Clan Cameron chief, Ewen Cameron and a portion of his men survived fighting against the English army at

8100-461: The Royal House of Stuart , was descended from Banquo , Thane of Lochaber (specifically the progeny of "his sister Marion who married one Angus"). The first chief may have been called Cameron from his crooked nose ( Scottish Gaelic : cam-shròn , cf. Camshron ); such nicknames were common in Highland Gaelic culture, and his descendants would have then adopted the name. It has also been suggested that Donald Dubh Cameron ( fl.  1410 ),

8235-535: The VIII Chief John de Cameron at the Battle of Halidon Hill in 1333. It was in the time of chief Allan MacDonald Dubh Cameron, XII Chief of Clan Cameron that a feud began with the Clan Mackintosh and the larger Clan Chattan Confederation over disputed lands. The sept Macphail is found in both clans and relates to some members of this family migrating with Clan Chattan to the east whilst others remained and became part of Clan Cameron. This feud would continue sporadically for about 300 years. The first recorded battle

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8370-609: The amount of denudation to which the plateau has been subjected in various places. The region is much warmer than other areas at similar latitudes (such as Kamchatka in Russia , or Labrador in Canada ) because of the Gulf Stream making it cool, damp and temperate. The Köppen climate classification is " Cfb " at low elevations, then becoming " Cfc ", " Dfc " and " ET " at higher elevations. 57°07′N 4°43′W  /  57.12°N 4.71°W  / 57.12; -4.71 Trial by combat Trial by combat (also wager of battle , trial by battle or judicial duel )

8505-402: The champions, but secretly with very good concurrence, both with us and between themselves, with such regard of her Majesty's service, as giveth us cause to commend them to your Lordships. The Annals of the Four Masters also refers to the trial and censures the parties for having allowed the English to entice them into the proceedings. It is also referred to in Holinshed's chronicles . This was

8640-494: The creation of a Crofting Commission. The Crofters as a political movement faded away by 1892, and the Liberal Party gained their votes. Today, the Highlands are the largest of Scotland's whisky producing regions; the relevant area runs from Orkney to the Isle of Arran in the south and includes the northern isles and much of Inner and Outer Hebrides, Argyll, Stirlingshire, Arran, as well as sections of Perthshire and Aberdeenshire. (Other sources treat The Islands, except Islay , as

8775-489: The crime and Marguerite being with child, it was decided that guilt could not be decided through a standard jury trial, and a judicial duel was ordered. The duel put three lives in the hands of fate: Jacques le Gris, the accused, Jean de Carrouges, and the accuser, Marguerite. In the duel, the survivor of the said duel would be considered the winner of the claim. If Jacques le Gris won the duel, not only would Jean de Carrouges die but his pregnant wife would also be put to death for

8910-403: The crime of being a false accuser. In late December, shortly after Christmas, the combatants met just outside the walls of the abbey of Saint-Martin-des-Champs in the northern Paris suburbs. After a lengthy ceremony, the battle was joined, and after a furious and bloody encounter, Carrouges stabbed his opponent with a sword and claimed victory, being rewarded with substantial financial gifts and

9045-413: The defendant were taken in the mainour (that is, in the act of committing his crime), if he attempted to escape from prison, or if there was such strong evidence of guilt that there could be no effective denial, the defendant could not challenge. Similarly, if the plaintiff was a woman, above 60 years of age, a minor, lame or blind, they could decline the challenge, and the case would be determined by

9180-411: The distinctive geographical and cultural features of the rest of the Highlands. The north-east of Caithness , as well as Orkney and Shetland , are also often excluded from the Highlands, although the Hebrides are usually included. The Highland area, as so defined, differed from the Lowlands in language and tradition, having preserved Gaelic speech and customs centuries after the anglicisation of

9315-413: The duel would begin, and it was the responsibility of the issuer of the challenge to deliver (or attempt) the first blow. Incapacitating injuries or death would dictate victory, although other scenarios were possible as well. For instance, if the defendant could successfully parry all blows delivered by the agent until sundown, the defendant would be considered the victor. With the Counter-Reformation of

9450-578: The east of this point. A much wider definition of the Highlands is that used by the Scotch whisky industry. Highland single malts are produced at distilleries north of an imaginary line between Dundee and Greenock , thus including all of Aberdeenshire and Angus . Inverness is regarded as the Capital of the Highlands, although less so in the Highland parts of Aberdeenshire , Angus , Perthshire and Stirlingshire which look more to Aberdeen , Dundee, Perth , and Stirling as their commercial centres. The Highland Council area, created as one of

9585-418: The east. The Great Glen divides the Grampian Mountains to the southeast from the Northwest Highlands . The Scottish Gaelic name of A' Ghàidhealtachd literally means "the place of the Gaels" and traditionally, from a Gaelic-speaking point of view, includes both the Western Isles and the Highlands. The area is very sparsely populated, with many mountain ranges dominating the region, and includes

9720-473: The efforts of Franciscan missionaries from Ireland, who regularly came to celebrate Mass . There remain significant Catholic strongholds within the Highlands and Islands such as Moidart and Morar on the mainland and South Uist and Barra in the southern Outer Hebrides. The remoteness of the region and the lack of a Gaelic-speaking clergy undermined the missionary efforts of the established church. The later 18th century saw somewhat greater success, owing to

9855-456: The efforts of the SSPCK missionaries and to the disruption of traditional society after the Battle of Culloden in 1746. In the 19th century, the evangelical Free Churches, which were more accepting of Gaelic language and culture, grew rapidly, appealing much more strongly than did the established church. For the most part, however, the Highlands are considered predominantly Protestant, belonging to

9990-563: The era of the Revolutionary and Napoleonic Wars (1790–1815). Tartan had largely been abandoned by the ordinary people of the region, but in the 1820s, tartan and the kilt were adopted by members of the social elite, not just in Scotland, but across Europe. The international craze for tartan, and for idealising a romanticised Highlands, was set off by the Ossian cycle, and further popularised by

10125-498: The explosion of a blood feud. For this two chekavar fight each other in an arena for the king and die. For this they used sword and parija. When one of the chekavar defeated or killed the other in the public duel called the ankam, the two parties considered the matter closed without either having spilled any of their own blood. Kalaripayattu , the most ancient and important form of India, was practiced in Kerala. Its origins date back to

10260-399: The first authentic chief, was descended from the medieval family of Cameron/Cambrun of Ballegarno (whose name derived from Cameron, Fife ; cam-brun "crooked hill"), who in turn descended from the ancient Scoto- Pictish Mormaers of Fife . Moncreiffe of that Ilk corroborated this theory. Around the beginning of the 15th century (or possibly earlier), the Camerons established themselves as

10395-456: The following three centuries, there was latent tension between the traditional regional laws and Roman law. The Sachsenspiegel of 1230 recognizes the judicial duel as an important function to establish guilt or innocence in cases of insult, injury, or theft. The combatants are armed with swords and shields and may wear linen and leather clothing, but their heads and feet must be bare and their hands only protected by light gloves. The accuser

10530-551: The following year, in February 1819, in an Act ( Appeal of Murder, etc. Act 1819 ) introduced by the Attorney General Samuel Shepherd . At the same time, the writ of right and criminal appeals was also abolished. According to Gregory of Tours , King Childebert II ordered for two of his servants to engage in trial by combat against each other when he found a buffalo had been killed in his forest and one accused

10665-696: The forces of Archibald Campbell, 7th Earl of Argyll , Chief of Clan Campbell . During the Civil War at the Battle of Inverlochy 1645, Clan Cameron fought on the side of the Royalist Scots and Irish who defeated the Scottish Covenanters of Clan Campbell. The clan continued to oppose Oliver Cromwell , and played a leading role in Glencairn's rising of 1651 to 1654. The Stand-off at the Fords of Arkaig 1665 –

10800-570: The former Northern Constabulary . These former bodies both covered the Highland council area and the island council areas of Orkney , Shetland and the Western Isles. Highland Council signs in the Pass of Drumochter , between Glen Garry and Dalwhinnie , say "Welcome to the Highlands". Much of the Highlands area overlaps the Highlands and Islands area. An electoral region called Highlands and Islands

10935-651: The former physically handicapped in some way. The loser was killed. Otto the Great in 967 expressly sanctioned the practice of Germanic tribal law even if it did not figure in the more "imperial" Roman law. The celebrated case of Gero, Count of Alsleben , is a good example. The Fourth Lateran Council of 1215 deprecated judicial duels, and Pope Honorius III in 1216 asked the Teutonic Order to cease its imposition of judicial duels on their newly converted subjects in Livonia . For

11070-430: The gauntlet ") and sometimes to go to separate churches and give five pence (for the five wounds of Christ) to the church. Early trials by combat allowed a variety of weapons, particularly for knights. Later, commoners were given war hammers , cudgels , or quarterstaves with sharp iron tips. The duelling ground was typically sixty feet square. Commoners were allowed a rectangular leather shield and could be armed with

11205-414: The gentlemanly duel of modern times which were outlawed only as late as in the 19th century. Hans Talhoffer in his 1459 Thott codex names seven offences that in the absence of witnesses were considered grave enough to warrant a judicial duel, viz. murder, treason , heresy , desertion of one's lord, "imprisonment" (possibly in the sense of abduction ), perjury /fraud, and rape. Wager of battle, as

11340-709: The head of the 92nd Regiment at Quatre Bras , two days before Waterloo. Donald Cameron of Lochiel , XXIII Chief fought with distinction at the Battle of Waterloo with the Grenadier Guards . He retired in 1832. Later that same year he married Lady Vere Hobart, daughter of Hon. George Vere Hobart and sister of the 6th Earl of Buckinghamshire . Vere Hobart was descended from the Camerons of Glendessary through her mother Janet Maclean (Hobart's second wife), daughter of Alexander Maclean of Coll and Catherine Cameron, daughter of Allan Cameron, 5th of Glendessary (sister of famed Jean Cameron of Glendessary ). A commemorative obelisk

11475-501: The head of the clan. During the battle the Chief of MacKintosh is believed to have been killed by Donald 'Taillear Dubh na Tuaighe' Cameron , (son of the XIV Chief of Clan Cameron), with a fearsome Lochaber axe . In 1594 Allan Cameron , XVI Chief of Clan Cameron led the clan at the Battle of Glenlivet in support of George Gordon, 1st Marquess of Huntly , Chief of Clan Gordon who defeated

11610-458: The highest mountain in the British Isles , Ben Nevis . During the 18th and early 19th centuries the population of the Highlands rose to around 300,000, but from c. 1841 and for the next 160 years, the natural increase in population was exceeded by emigration (mostly to Canada, the United States, Australia and New Zealand, and migration to the industrial cities of Scotland and England.) The area

11745-415: The institution would not be abused by the strong to overpower the weak, although the system was gamed in many ways bordering on the illegal. The duel would take place on the land of a lord impartial to both parties, or if this was not practicable, alla macchia , meaning on public lands. The herald read the accusation out loud and gave the defendant one last chance to confess. If the latter did not do so,

11880-574: The landlords in the 1880s through the Highland Land League . Violence erupted, starting on the Isle of Skye , when Highland landlords cleared their lands for sheep and deer parks. It was quietened when the government stepped in, passing the Crofters' Holdings (Scotland) Act, 1886 to reduce rents, guarantee fixity of tenure, and break up large estates to provide crofts for the homeless. This contrasted with

12015-409: The last degree". The writ of right was the most direct way, in the common law, of challenging someone's right to a piece of real property . The criminal appeal was a private criminal prosecution instituted by the accuser directly against the accused. It was not, unlike the contemporary appeal, a proceeding in a court of superior jurisdiction reviewing the proceedings of a lower court. Such

12150-586: The later Caledonian Orogeny . Smaller formations of Lewisian gneiss in the northwest are up to 3 billion years old. The overlying rocks of the Torridon Sandstone form mountains in the Torridon Hills such as Liathach and Beinn Eighe in Wester Ross . These foundations are interspersed with many igneous intrusions of a more recent age, the remnants of which have formed mountain massifs such as

12285-489: The latter; this led to a growing perception of a divide, with the cultural distinction between Highlander and Lowlander first noted towards the end of the 14th century. In Aberdeenshire , the boundary between the Highlands and the Lowlands is not well defined. There is a stone beside the A93 road near the village of Dinnet on Royal Deeside which states 'You are now in the Highlands', although there are areas of Highland character to

12420-489: The lead-up to the Battle of the North Inch , where a judicial duel is among the violent events culminating in a judicial battle between the clans before King Robert III of Scotland . The Carrouges–le Gris trial of 1386 was the subject of a 2004 book by Eric Jager. This book was adapted into a 2008 BBC Four documentary and dramatized in a 2021 film . Tyrion Lannister from Game of Thrones and A Song of Ice and Fire

12555-412: The local government regions of Scotland , has been a unitary council area since 1996. The council area excludes a large area of the southern and eastern Highlands, and the Western Isles , but includes Caithness . Highlands is sometimes used, however, as a name for the council area, as in the former Highlands and Islands Fire and Rescue Service . Northern is also used to refer to the area, as in

12690-528: The mode of proof for crown pleas since the Assize of Clarendon in 1166. With the emergence of the legal profession in the thirteenth century, lawyers, guarding the safety of the lives and limbs of their clients, steered people away from the wager of battle. A number of legal fictions were devised to enable litigants to avail themselves of the jury even in the sort of actions that were traditionally tried by wager of battle. The practice of averting trial by combat led to

12825-430: The modern concept of attorneys representing litigants. Civil disputes were handled differently from criminal cases. In civil cases, women, the elderly, the infirm of body, minors, and—after 1176—the clergy could choose a jury trial or could have champions named to fight in their stead. Hired champions were technically illegal but are obvious in the record. A 1276 document among Bishop Swinefield 's household records marks

12960-501: The name of Donald Cameron 22nd of Lochiel when he took over from the Trust in 1819. The Clan Cameron Museum at Achnacarry has a display of Cameron history including an account of the Cameron clearances. The library also has copies of the books referenced in this section. Some traditional Cameron land, on the eastern side of Loch Lochy , was not returned in 1784. In 1770 control had passed to

13095-510: The new ideas taught in Scottish universities. Highland landowners, many of whom were burdened with chronic debts, were generally receptive to the advice they offered and keen to increase the income from their land. In the East and South the resulting change was similar to that in the Lowlands, with the creation of larger farms with single tenants, enclosure of the old run rig fields, introduction of new crops (such as turnips ), land drainage and, as

13230-617: The other of the crime. In December 1386, one of the last trials by combat authorised by the French King Charles VI was fought in Paris. The trial was fought to decide a case brought by Sir Jean de Carrouges against squire Jacques le Gris , whom he accused of raping his wife Marguerite when Carrouges was in Paris conducting business. After lengthy hearings at the Parlement of Paris , with Jacques le Gris claiming that he had not committed

13365-424: The outcome of the case, but no contemporary account speaks of the trial by battle actually taking place. The last certain judicial battle in Britain was in Scotland in 1597, when Adam Bruntfield accused James Carmichael of murder and killed him in battle. Proposals to abolish trial by battle were made in the 17th century, and twice in the 18th, but were unsuccessful. In 1774, as part of the legislative response to

13500-530: The pity: Upon this Wednesday following Mortogh Cogge [O'Connor] appeared in the same place brought by the captains to the listes, and there stayed 2 hours making proclamation against his enemy by drum and trumpet, but he appeared not ... The only thing we commend in this action was the diligent travail of Sir Lucas Dillon and the Master of the Rolls [ Nicholas White ], who equally and openly seemed to countenance

13635-529: The place of the Gaels ' ) is a historical region of Scotland . Culturally, the Highlands and the Lowlands diverged from the Late Middle Ages into the modern period , when Lowland Scots language replaced Scottish Gaelic throughout most of the Lowlands. The term is also used for the area north and west of the Highland Boundary Fault , although the exact boundaries are not clearly defined, particularly to

13770-449: The popularly oriented, fervently evangelical Presbyterian revival after 1800. Most joined the breakaway "Free Church" after 1843. This evangelical movement was led by lay preachers who themselves came from the lower strata, and whose preaching was implicitly critical of the established order. The religious change energised the crofters and separated them from the landlords; it helped prepare them for their successful and violent challenge to

13905-567: The practice just for being physically weak. Nevertheless, judicial duels continued to be popular throughout the 14th and 15th centuries. Trial by combat plays a significant role in the German schools of fencing in the 15th century. Notably, Hans Talhoffer depicts techniques to be applied in such duels, separately for the Swabian (sword and shield) and Franconian (mace and shield) variants, although other Fechtbücher such as that of Paulus Kal and

14040-448: The proceedings as observed by one of the privy councillors is given in the State papers Ireland 63/104/69 (spelling adapted): The first combat was performed at the time and place accordingly with observation of all due ceremonies as so short a time would suffer, wherein both parties showed great courage by a desperate fight: In which Conor was slain and Teig hurt but not mortally, the more was

14175-543: The processed product during the Napoleonic wars. When the Napoleonic wars finished in 1815, the Highland industries were affected by the return to a peacetime economy. The price of black cattle fell, nearly halving between 1810 and the 1830s. Kelp prices had peaked in 1810, but reduced from £9 a ton in 1823 to £3 13s 4d a ton in 1828. Wool prices were also badly affected. This worsened the financial problems of debt-encumbered landlords. Then, in 1846, potato blight arrived in

14310-493: The region most affected by the potato famine, by 1846, 70 per cent of the landowners were new purchasers who had not owned Highland property before 1800. More landlords were obliged to sell due to the cost of famine relief. Those who were protected from the worst of the crisis were those with extensive rental income from sheep farms. Government loans were made available for drainage works, road building and other improvements and many crofters became temporary migrants – taking work in

14445-549: The reign of Elizabeth I in the inner courtyard of Dublin Castle in Ireland on 7 September 1583. The dispute was between members of the sept of O'Connor Faly from King's County (modern County Offaly ), who were persuaded by two judges (referred to in the account below) to bring the matter before the Irish privy council for resolution. The dispute probably concerned dynastic power within

14580-472: The request for trial by combat in order to attract media attention to his case. At a rally for President Donald Trump on January 6, 2021, former New York City mayor and Trump lawyer, Rudy Giuliani , made claims of voter fraud and called for a "trial by combat". The rally resulted in the storming of the United States Capitol . Walter Scott 's 1828 novel The Fair Maid of Perth dramatizes

14715-527: The royalist army led by the Earl of Mar . In 1439 the Clan Cameron fought against the Clan Maclean at the Battle of Corpach . In 1441, another battle with the Mackintoshes, the Battle of Craig Cailloc , was fought. In 1472, Alan MacDonald Dubh, 12th Chief of the Clan Cameron was made constable of Strome Castle on behalf of the Clan MacDonald of Lochalsh . He was later killed in battle in 1480 fighting

14850-638: The royalist army of King James I of Scotland . Shortly after this the Camerons again fought against the Mackintoshes and Clan Chattan at the Battle of Palm Sunday in 1429, at the instigation of the Lord of the Isles. In 1431, the Clan Cameron fought at the Battle of Inverlochy (1431) against the Clan Donald whose chief Alexander of Islay, Earl of Ross had been imprisoned by the king. The MacDonalds were then led by Alexander's nephew, Donald Balloch MacDonald who defeated

14985-400: The run rig farmers and were much less prone to falling into arrears. Each croft was limited in size so that the tenants would have to find work elsewhere. The major alternatives were fishing and the kelp industry. Landlords took control of the kelp shores, deducting the wages earned by their tenants from the rent due and retaining the large profits that could be earned at the high prices paid for

15120-616: The same area as that covered by the fire and rescue service. There have been trackways from the Lowlands to the Highlands since prehistoric times. Many traverse the Mounth , a spur of mountainous land that extends from the higher inland range to the North Sea slightly north of Stonehaven . The most well-known and historically important trackways are the Causey Mounth , Elsick Mounth , Cryne Corse Mounth and Cairnamounth . Although most of

15255-480: The servant. In Scotland and Ireland, the practice was continued into the sixteenth century. In 1446, a trial by combat was arranged between two quarrelling Irish magnates, James Butler, 5th Earl of Ormonde , and the Prior of Kilmainham, but King Henry VI intervened personally to persuade them to settle their differences peacefully. The wager of battle was not always available to the defendant in an appeal of murder. If

15390-454: The surrounding area has a majority Protestant population, with most locals belonging to either The Kirk or the Free Church of Scotland . The church maintains a noticeable presence within the area, with church attendance notably higher than in other parts of Scotland. Religion continues to play an important role in Highland culture, with Sabbath observance still widely practised, particularly in

15525-485: The territory of the O'Connors, and the parties, Teig and Conor, had accused each other of treason; the privy council granted their wish for trial by combat to take place on the following day, and for another such trial between two other members of the same sept to take place on the Wednesday following. The first combat took place as appointed, with the combatants "in their shirts with swords, targetts and skulles". An account of

15660-407: The treatises of Achille Marozzo (1536), Giovanni Battista Pigna (1554) and Girolamo Mutio (1560) have contributed to shed considerable light on the subject. The fundamental aspects of Italy's duelling customs were the following. The offended party ( attore or agent) had to accuse the defendant ( reo ) of an injury of words or deeds he received, in matters that could not be reliably proven in

15795-656: The trial by combat was called in English, appears to have been introduced into the common law of the Kingdom of England following the Norman Conquest and remained in use for the duration of the High and Late Middle Ages. The last certain trial by battle in England occurred in 1446: a servant accused his master of treason, and the master drank too much wine before the battle and was slain by

15930-408: The works of Walter Scott . His "staging" of the visit of King George IV to Scotland in 1822 and the king's wearing of tartan resulted in a massive upsurge in demand for kilts and tartans that could not be met by the Scottish woollen industry. Individual clan tartans were largely designated in this period and they became a major symbol of Scottish identity. This "Highlandism", by which all of Scotland

16065-613: The year 803 onwards. Louis the Pious prescribed combat between witnesses of each side, rather than between the accuser and the accused, and briefly allowed for the Ordeal of the Cross in cases involving clerics. In medieval Scandinavia, the practice survived throughout the Viking Age in the form of the holmgang . An unusual variant, the marital duel, involved combat between a husband and wife, with

16200-486: Was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat ; the winner of the fight was proclaimed to be right . In essence, it was a judicially sanctioned duel . It remained in use throughout the European Middle Ages , gradually disappearing in the course of the 16th century. Unlike trial by ordeal in general, which

16335-550: Was a popular Jacobite heroine, cousin of Lochiel and said to have been a mistress of Prince Charles. Indeed, led by her the Camerons of Glendessary provided 300 men for Lochiel at Glenfinnan. The MacMartins sept of the clan are also said to have been amongst the most loyal and valuable followers of Lochiel. In the 1745 Jacobite rising, the MacMartins were "out with" Lochiel's regiment. Another Cameron clansman and French Royal Army noncommissioned officer named John Du Cameron , who

16470-496: Was another distinguished military commander, whose family became baronets as a result of his martial success. Charles Cameron (1745–1812) was a noted architect in Imperial Russia , and a favourite of Catherine the Great . His works include Tsarskoye Selo and Pavlovsk Palace . He claimed that he was of the family of Cameron of Lochiel, but was probably of another junior Cameron branch. After Culloden , Clan Cameron's land

16605-471: Was assisted by a second , often referred to as a squire . The role of the squire was to attend the battle and to arrange the particulars of the ceremony with the opposing squire. Over time, squires would meet and resolve disputes during negotiations over combat. Ample time was made for this by creating a process for checking the saddle and bridle of horses for prayer scrolls and enchantments and requiring litigants to exchange gloves (the origin of " throwing down

16740-514: Was declared innocent. This was the first instance of a trial by combat in the history of Italy. In the 730s, the Lombard king Liutprand (712–744) had lost confidence in the likelihood that the trial by battle would provide justice. He knew that the practice was subject to abuse. The jurisprudence of judicial duelling in Italy is particularly well documented in the 15th and 16th centuries. In particular,

16875-566: Was followed, mostly in the period 1760–1850, by agricultural improvement that often (particularly in the Western Highlands) involved clearance of the population to make way for large scale sheep farms. Displaced tenants were set up in crofting communities in the process. The crofts were intended not to provide all the needs of their occupiers; they were expected to work in other industries such as kelping and fishing. Crofters came to rely substantially on seasonal migrant work, particularly in

17010-407: Was forfeited and reverted to the government. In 1784 it was returned to Donald Cameron 22nd of Lochiel , grandson of the "Gentle Lochiel" , who was only 15 at the time. The land was managed by a trust until 1819, when Donald Cameron succeeded to his inheritance. The first clearance took place in 1801 at Clunes . Major emigrations, notably to Canada, began in 1802. The clearances continued under

17145-411: Was identified with the culture of the Highlands, was cemented by Queen Victoria's interest in the country, her adoption of Balmoral as a major royal retreat, and her interest in "tartenry". Recurrent famine affected the Highlands for much of its history, with significant instances as late as 1817 in the Eastern Highlands and the early 1850s in the West. Over the 18th century, the region had developed

17280-401: Was introduced into the region. Between the 1760s and the 1830s there was a substantial trade in unlicensed whisky that had been distilled in the Highlands. Lowland distillers (who were not able to avoid the heavy taxation of this product) complained that Highland whisky made up more than half the market. The development of the cattle trade is taken as evidence that the pre-improvement Highlands

17415-453: Was known as an Sergeant Mòr , fought as a Jacobite, but remained on the run and continued fighting after Culloden and even after the Act of Indemnity. While being hunted down as an outlaw, Sgt. du Cameron engaged in both cattle raiding and selling protection against theft . He was eventually captured in 1753 and executed, but remains a popular local folk hero . Dr Archibald Cameron of Lochiel who

17550-402: Was not an immutable system, but did exploit the economic opportunities that came its way. The illicit whisky trade demonstrates the entrepreneurial ability of the peasant classes. Agricultural improvement reached the Highlands mostly over the period 1760 to 1850. Agricultural advisors, factors , land surveyors and others educated in the thinking of Adam Smith were keen to put into practice

17685-596: Was punished with outlawry . Fighting continued until one party was dead or disabled. The last man standing won his case. By 1300, the wager of combat had all but died out in favour of trial by jury. One of the last mass trials by combat in Scotland, the Battle of the Clans , took place in Perth in 1396. This event took the form of a pitched battle between teams of around thirty men each, representing Clan Macpherson and Clan Davidson , on

17820-453: Was the Battle of Drumlui in 1337 in which a dispute arose between the Clan Mackintosh and Clan Cameron over land at Glenlui and Loch Arkaig. This was followed by the Battle of Invernahoven in 1370, also against the Mackintoshes and Clan Chattan. The Battle of the North Inch was fought in 1396 as a trial by combat , between thirty selected warriors on each side from the Clan Cameron and Chattan Confederation of Clan Mackintosh. In 1411,

17955-460: Was the chief's brother and a leading Jacobite was also captured and executed in 1753. The 79th (The Queen's Own Cameron Highlanders) Regiment of Foot was raised from among the members of the clan in 1793 by Sir Alan Cameron of Erracht (1753–1828). Colonel John Cameron (1771–1815), son of Ewen Cameron, 1st Baronet and grandson of John Cameron of Fassiefern – a brother of the Gentle Lochiel,

18090-410: Was to be hanged on the spot. However, if he defeated his opponent, or if he were able to fend off his opponent from sunrise to sunset, he would go free. If the plaintiff said the word craven ("I am vanquished") and gave up the fight, he was to be declared infamous, deprived of the privileges of a freeman, and was liable for damages to his successful opponent. The earliest case in which wager of battle

18225-474: Was traditionally the Gaelic-speaking part of Scotland, although the language is now largely confined to The Hebrides . The terms are sometimes used interchangeably but have different meanings in their respective languages. Scottish English (in its Highland form ) is the predominant language of the area today, though Highland English has been influenced by Gaelic speech to a significant extent. Historically,

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