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Clans, Families and Septs
By Sir Crispin Agnew of Lochnaw Bt., 13th August 2001

The difference between clans, families and septs is the source of many questions
as is the question phrased in one way or another, which asks, "to which clan do
I belong". There are many definitions of clans and families as there are people,
but this article will try to indicate how these matters are viewed in the Lyon
Court.
It should first be recognized that a clan or family is a legally recognized
group in Scotland, which has a corporate identity in the same way that a
company, club or partnership has a corporate identity in law. A clan or family
is a ''noble incorporation" because it has an officially recognized chief or
head who being a nobleman of Scotland confers his noble status on the clan or
family, thus making it a legally and statutorily recognized noble corporation
often called "the Honorable Clan..." A name group, which does not have a chief,
has no official position in the law of Scotland. The chiefs Seal of Arms,
incorporated by the Lord Lyon's letters Patent, is the seal of the corporation,
like a company seal, but only the chief is empowered by law to seal important
documents on behalf of his clan. A clan as a noble incorporation is recognized
as the chief's heritable property - he owns it in law and is responsible for its
administration and development.
So far the words clan and family have been used interchangeably in this article
and this is the position. There is now a belief that clans are Highland and
families are Lowland but this is really a development of the Victorian era. In
an Act of Parliament of 1597 we have the description of the "Chiftanis and