In the Highlands, some great lords had an hereditary jurisdiction over counties; and some chieftains over their own lands; till the final conquest of the Highlands afforded an opportunity of crushing all the local courts, and of extending the general benefits of equal law to the low and the high, in the deepest recesses and obscurest corners.
While the chiefs had this resemblance of royalty, they had little inclination to appeal, on any question, to superior judicatures. A claim of lands between two powerful lairds was decided like a contest for dominion between sovereign powers. They drew their forces into the field, and right attended on the strongest. This was, in ruder times, the common practice, which the kings of Scotland could seldom control.
Even so lately as in the last years of King William, a battle was fought at Mull Roy, on a plain a few miles to the south of Inverness, between the clans of Mackintosh and Macdonald of Keppoch. Col. Macdonald, the head of a small clan, refused to pay the dues demanded from him by Mackintosh, as his superior lord. They disdained the interposition of judges and laws, and calling each his followers to maintain the dignity of the clan, fought a formal battle, in which several considerable men fell on the side of Mackintosh, without a complete victory to either. This is said to have been the last open war made between the clans by their own authority.
The Highland lords made treaties, and formed alliances, of which some traces may still be found, and some consequences still remain as lasting evidences of petty regality. The terms of one of these confederacies were, that each should support the other in the right, or in the wrong, except against the king.
– Samuel Johnson, A Journey to the Western Islands of Scotland (1775).