regshoe

We don't actually know if Ewen owns Ardroy, or is renting it from Lochiel. This is quite complicated.

Clans could be proprietory or non-proprietory, depending on if their "oighreachd" and "duthchas" were aligned or not. In the first case, the chief owned their lands, and the clansmen paid both rent and calps (basically, protection money) to him. In the second, the chief only leased the land which someone else (often a Lowland nobleman, or another clan chief) owned, and the rents and calps went to different places. This was often the cause of feuds, because clans strove to align oighreachd and duthchas. There used to be a feud between the Camerons and Macintoshes because the latter owned much of the Cameron lands in Lochaber, which was resolved by arbitration in 1665 where Ewen Cameron of Lochiel basically bought out the Macintoshes, so their oighreachd and duthchas were now aligned. BUT he had to borrow the money from this from the Campbells, who also led the arbitration, because the land was within their heritable jurisdiction (another complication, which the Campbells seem to have used very shrewdly!) In return Lochiel had to concede that he held the lands within the feudal superiority of the House of Argyll. I'm not sure what exactly is the difference and how that was better, but...

So anyway, this also reproduced down the chain. If Ewen owns Ardroy outright, the situation is different from if he's renting the land from Lochiel. And Ardroy's tenants are of course renting from Ewen. There are all sorts of complicated terms for the leases for rents, I don't understand them all.

So if Ewen is renting it, I guess Lochiel just finds another tenant. But in fact over time, the clan chiefs sold off more and more land to their chieftains and tacksmen, because they needed the money. In my fics I've assumed that he owns it. In that case, I guess it goes to the nearest male relative. Ewen's father's brother and his sons, if they exist? Otherwise, I guess you look at Ewen's grandfather's brothers and their sons, etc? Or maybe Lochiel gets to have a say.

(All this stuff is from the book Clanship, Commerce and the House of Stuart, 1603-1788 by Allan I. Macinnes (1996), by the way.)

ETA: In fact the "signing over of estates" thing which went on all the time suggests that they didn't have entails? Because in that case they wouldn't have been free to sign away their estates from their sons...