Feudal Lordship

In Scotland, "baron" or "baroness" is a rank of the ancient nobility of the Baronage of Scotland, a hereditary title of honour, and refers to the holder of a barony, erected into a free barony by Crown Charter, this being the status of a minor baron, recognised by the crown as noble, but not a peer.

The Court of the Lord Lyon representing the monarch in Scotland, institutional writers, the registry of Scots Nobility, the Scottish Law Commission Government Website, UK Government Legislation Website and the Scottish Parliament all refer to the noble title of a Scottish baron.

These titles were historically called feudal titles, which is incorrect today. When Scotland abolished feudalism in 2004, baronial titles that were once feudal baronies were transformed into personal dignities in law (or baronage titles), disconnected from territorial privileges.

Rights in relation to Parliament

Some sources, such as the Manorial Society, mistakenly claim that Scottish baronies are equivalent to English Lords of the Manor, asserting that ''"Scottish Baronies are essentially what in England are called ‘manors’, but are called ‘baronies’."'' However, this is incorrect. Scottish barons held a noble rank granted by the King through a crown charter, conferring pre-eminences, precedence, and privileges, including a seat in the Scottish Parliament as part of the ancient Three Estates. When attending in person, they sat among the nobility of the ''Second Estate''. In contrast, ''Lords of the Manor'' were not titles granted by the King and did not constitute a noble rank or heraldic rights, but were rather a style applied to the owners of estates. In Scotland, the equivalent title to a ''Lord of the Manor'' is Laird. In 1428, an Act permitted lesser barons to elect commissioners to represent them, largely due to the expense and danger of travel in those times. These elected commissioners were seated with the Burgh and Shire representatives of the ''Third Estate''. The barons' personal right to attend Parliament, however, was never abolished and continued until the Union of 1707. Many of the greater barons, through power and royal favour, were elevated over time to higher dignities – becoming ''Lords of Parliament'', ''Earls'' or ''Dukes'' – with prominent roles in the national governance of the Kingdom. Meanwhile, barons retained dominance over local affairs through the exercise of justice in their baron's courts. In medieval Scotland, territorial baronies formed the foundation of noble status, with personal peerage titles conferred by the Crown developing later but firmly established prior to the Acts of Union in 1707.

A Scottish barony is arguably the only UK title of nobility which can be legally alienated from the bloodline of its previous possessor. It is not subject to the Honours (Prevention of Abuses) Act 1925, a law for new grants and these are existing titles and Scottish baronies by their nature were erected in crown charters as free baronies and are thus freely assignable. Crown charters refer to ''"heirs and assignees"'', unlike other hereditary noble titles with rules of succession. That said, titles in the Baronage of Scotland generally pass down through the generations, staying within the family lineage.

The dignity of baron is protected in law by the Scottish Parliament after the abolition of the feudal system in the Abolition of Feudal Tenure, etc. (Scotland) Act 2000, which came into force in 2004. After this date extant feudal titles ceased to be feudal, becoming non-territorial dignities, no longer attached to the land. It is incorrect to refer to them as "feudal barons" today. The correct term is simply "baron."

Heraldry for Scottish baronies is governed by the Court of the Lord Lyon. Scottish baronies may be passed to any person, of either sex, by inheritance or assignation.

Scotland has a distinct legal system within the United Kingdom. Historically, in the Kingdom of Scotland, the Lord Lyon King of Arms, as the Sovereign's minister in matters armorial, was at once herald and judge.

The Scottish baronage predates the Scottish peerage and they coexist to this day. The Scottish equivalent of an English baron is a Lord of Parliament.

History

A "Scottish Prescriptive Barony by Tenure" was, until 2004, the description of the only genuine degree of title of British nobility capable of being disponed along with the ''caput'' (or property), rather than passing strictly by blood inheritance.

Statutes of 1592 and the ''Baronetcy Warrants'' of King Charles I show the non-peerage Table of Precedence as: Baronets, Knights, Barons, Lairds, Esquire and Gentlemen.

A '' General Register of Sasines'' was set up by statute in 1617, with entry in the Register giving the ''prescriptive'' right (right by normal or correct usage), after so many years, to the ''caput'' or essence of the barony. The individual who owned the said piece of land containing the ''caput'' was hence the baron or baroness. Uncertainty over armorial right was removed by the ''Lyon Register'' being set up by statute in 1672, such that no arms were to be borne in Scotland unless validly entered in Lyon Register.

Until 1874, each new baron was confirmed in his barony by the Crown by Charter of Confirmation. Until 28 November 2004, a barony was an estate of land held directly of the Crown, or the Prince and Great Steward of Scotland. It was an essential element of a barony title that there existed a Crown Charter erecting the land into a barony, recorded in the Register of the Great Seal of Scotland. Often the original Charter was later lost; however an Official Extract has the same legal status as the original Charter.

From the Treaty of Union of 1707 until 1999, a unified Parliament of Great Britain (since January, 1801, the Parliament of the United Kingdom), at Westminster, was responsible for passing legislation affecting private law both north and south of the Scottish border. In 1999, the devolved Scottish Parliament was established, and private law measures can now be passed at Holyrood, the seat of the Scottish Parliament in Edinburgh.

Using a "prescriptive feudal grant" allowed developers to impose perpetual conditions affecting the land. The courts became willing to accept the validity of such obligations, which became known as "real burdens". In practical and commercial terms, these real burdens were like English leasehold tenure.

Abolition of feudal tenure

The first Scottish Executive was committed to abolishing the feudal system. On 28 November 2004, the ''Abolition of Feudal Tenure etc. (Scotland) Act 2000'' came into full force and effect, putting an end to Scotland's feudal system. Under Scots law, a Scottish Prescriptive Barony by Tenure is now an incorporeal hereditament just like hereditary peerages, baronetcies and coat of arms but can, unlike them, be freely bequeathed to an appointed heir.

In section 63(198) of the Act explanatory notes: ''If a baron dies intestate, the barony would transmit to the eldest son or other heir in accordance with the pre-1964 rules on intestate succession which were preserved by the Succession (Scotland) Act 1964 for "any title, coat of arms, honour or dignity transmissible on the death of the holder".''

Scottish baronies are no longer feudal titles, not attached to the land and remains the only genuine, ''prescriptive'', degree of title of UK nobility capable of being transferred or conveyed – since under Section 63(1) of the Act, the dignity of baron is preserved after the abolition of the feudal system. However, the Abolition Act did end the ability to obtain feudal land privileges by inheriting or acquiring the ''caput'' (land or castle) in Scotland. In common law jurisdictions, land may still be owned and inherited through a barony if the land is titled in "the Baron of X" as baron rather than in the individual's name. In America, it passes with the barony as a fee simple appurtenance to an otherwise incorporeal hereditament, the barony being treated like a landowning corporation. In Scotland, the practice has not been tested in a Court of Session case since the Act.

One of the oldest baronage titles in Scotland, the Baron of the Bachuil, has not depended on land ownership for centuries; the barony passes along with the possession of a certain ancient stick, "The Bachuil Mór", which was once the bishop's staff of Saint Moluag in the year 562. Unlike all other barons in Scotland, the lawful possessor of the stick is the Baron of the Bachuil, regardless of landholdings.

On 28 November 2004 the Abolition of Feudal Tenure Act came into force in Scotland. Prior to the Act, Scottish baronies (including lordships and earldoms) remained the only noble titles in the UK that were transferable following the sale of land containing a ''caput'' (''i.e.'' superiority). With the implementation of the Act, all Scottish baronage titles became incorporeal heritable property, meaning they existed but without any physical attributes (e.g. land ownership which is corporeal property).

Most baronies were created (erected) prior to 1745, but one was erected as late as 1824. Since the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into effect, the Lord Lyon, who is the Chief Herald of Scotland, has restored a more traditional form to the coat of arms of a baron. Barons are now identified by the helm befitting their degree.

The holder of the dignity of a barony may petition the Lord Lyon for a grant of arms, as he falls under the jurisdiction of the Lyon's Court. A policy statement has been made to this effect by the Lord Lyon. The Lyon Court has no jurisdiction in relation to the assignation, or legal transfer of, baronial titles.

Usage

An English barony is a peerage (yet Article 10 of the Tenures Abolition Act 1660 allows for some remaining non-peer baronies not converted by writ to remain as feudal baronies of free socage "incorporeal hereditament"); but whether Scottish barons rightfully rank as peers is disputable. They are known as minor barons currently treated as noble titles of less than peerage rank. The Scottish equivalent of an English baron is "Lord of Parliament".

The baronial title tends to be used when a landed family is not in possession of any United Kingdom peerage title of higher rank, subsequently granted, or has been created a knight of the realm. The name recorded by the Lord Lyon as part of any grant of arms or matriculation becomes the holder's name for all official purposes.

The holder of a Scottish barony (''e.g.'', "Inverglen") may add the title to their existing name (''e.g.'', "John Smith, Baron of Inverglen" or "Jane Smith, Baroness of Inverglen") or add the territorial designation to their surname if still in possession of the caput ("John Smith of Inverglen, Baron of Inverglen" or "Jane Smith of Inverglen, Baroness of Inverglen"); some of the oldest Scottish families prefer to be styled by the territorial designation alone ("Smith of Inverglen"). Formally and in writing, they are styled as The Much Honoured Baron/Baroness of Inverglen. A baron/baroness may be addressed socially as "Inverglen" or "Baron/Baroness" and introduced in the third person as "John Smith of Inverglen, Baron of Inverglen" or "The Baron of Inverglen" or "Jane Smith, Baroness of Inverglen" or "The Baroness of Inverglen". When referred to informally in the third person it is incorrect to refer to them as "Baron/Baroness Inverglen" or "Lord Inverglen", as these would imply a peerage title (i.e. Lord of Parliament). However female barons, either the substantive holder or wife, can be interchangeably "Baroness of Inverglen" or "Lady Inverglen" without the "of" similarly to the social custom for female lairds or wives.

In a heterosexual married couple, if the husband is the holder of the Barony, the wife receives a courtesy title. Therefore, they may be styled "The Baron and Baroness of Inverglen", "Inverglen and Madam Smith of Inverglen", "Inverglen and Lady Inverglen", or "The Baron of Inverglen and Lady Inverglen." The oldest son of a baron/baroness may be known by the territorial designation with the addition of "yr" (abbreviation for "younger"), e.g. "John Smith of Inverglen, yr". The eldest daughter may be known as "Maid of Inverglen" at the end of her name, e.g. "Sandra Smith, Maid of Inverglen".

The husband of a Baroness is not afforded a courtesy title.

The United Kingdom policy of using titles on passports requires that the applicant provides evidence that the Lord Lyon has recognised a barony, or the title is included in Burke's Peerage. If accepted (and if the applicant wishes to include the title), the correct form is for the applicant to include the territorial designation as part of their surname (Surname of territorial designation e.g. ''Smith of Inverglen''). The Observation would then show the holder's full name, followed by their baronial title, e.g. ''The holder is John Smith, Baron of Inverglen''.

The Much Honoured

Sometimes (for example on the envelope of a letter or place name) the prefix honorific style The Much Hon. (The Much Honoured) is put before the name. The prefix honorific "Much Honoured" is used to distinguish the Scottish Baron and Baroness from honorifics attaching to peers: examples:
The Much Hon. The Baron of Inverglen / Much Hon. Baron of Inverglen / Much Hon. John Smith, Baron of Inverglen / Much Hon. John, Baron of Inverglen / The Much Hon. The Baroness of Inverglen / Much Hon. Baroness of Inverglen / Much Hon. Sarah Smith, Baroness of Inverglen / Much Hon. Sarah, Baroness of Inverglen.

Scottish heraldry

Scottish Barons rank below Lords of Parliament; while noble, they are not conventionally considered peerage titles.

The status of Scottish barons as titled nobility is evidenced by several sources. For instance, the Lyon Court's Petition of Maclean of Ardgour for a Birthbrieve, dated 26 February 1943, finds and declares that the minor barons of Scotland are recognised as titled nobility in both the Lyon Court and the Court of Session. This confirms that the estate of the Baronage, comprising the ''barones minores'' (minor barons), is part of the ancient feudal nobility of Scotland.

Sir Thomas Innes of Learney in his 'Scots Heraldry' (2nd Ed., p. 88, note 1) states that 'The Act 1672, cap 47, specially qualifies the degrees thus: Nobles (i.e. peers, the term being here used in a restricted seventeenth-century English sense), Barons (i.e. Lairds of baronial fiefs and their "heirs", who, even if fiefless, are equivalent to heads of Continental baronial houses) and Gentlemen (apparently all other armigers).' Baronets and knights are evidently classed as 'Gentlemen' here and are of a lower degree than Barons. The Scottish Head of Baronial Houses, includes all the various styles and titles which designate the territorial nobility i.e. baron of X.

Barons may also wear two eagle feathers when in traditional dress. If the baron is a member of a clan, it is advisable to consult the clan chief on clan customs and traditions. The Lord Lyon only gives guidance and not governance on the wearing of feathers and recommends consulting with a clan chief.

Chapeau

Previously, between the 1930s and 2004, when new arms were granted or a matriculation of existing arms took note of a barony, the owner was given a ''chapeau'' or cap of maintenance as part of his armorial achievement on petitioning for the same. This chapeau is described as "gules doubled ermine" for barons in possession of the caput of the barony. An azure chapeau is appropriate for the heirs of ancient baronial families who are no longer owners of the estates. This chapeau was a relatively recent armorial invention of the late Lord Lyon, Sir Thomas Innes of Learney. Accordingly, a number of ancient arms of barons do not display the chapeau, and now it is no longer granted.

By the Treaty of Perth in 1266, Norway relinquished its claim to the Hebrides and Man, and they became part of Scotland. In 1292, Argyll was created a shire, and "The Barons of all Argyll and the Foreigners' Isles", which had preceded the kingdom of Scotland, became eligible to attend the Scots Parliament – appearing in the record of the parliament at St Andrews in 1309. Historically they have a chapeau, "gules doubled ermines", ermines being white tails on black.

There is a unique exception: the Barony of the Bachuil is not of feudal origin like other baronies, but is allodial in that it predates (AD 562) Scotland itself and the feudal system, dating from the Gaelic Kingdom of Dál Riata. In recognition as allodial ''Barons par la grâce de Dieu'' not barons by a feudal crown grant, the Baron of the Bachuil has the only chapeau allowed to have a vair (squirrel fur) lining.

List of titled nobles in the Baronage of Scotland

List of Baronies in the Baronage of Scotland

Below is an incomplete list of Baronies created in the Scottish baronage. Titles in ''italics'' are subsidiary baronial titles held by the same baron. Titles linked and with The before the name is the holder's primary title.

a: The creation date is the earliest known date for the barony and subject to revision.

b: C before the date is ''circa'' around this date of before. C after the date = century.

List of Lordships in the Baronage of Scotland

The second degree of baronage nobility. If a Barony has been raised to a Lordship then it will not be listed with baronies on this page, see Lordship list:

''Click here for a list of Lordships in the Baronage of Scotland''

List of Earldoms in the Baronage of Scotland

Earl is the third degree of baronage nobility, nobler than Baron (first) and Lord (second).

'' Click here for a list of Earldoms in the Baronage of Scotland''

List of Marquisates and Dukedoms in the Baronage of Scotland

Fourth and fifth degrees of baronage nobility, the noblest forms in the hierarchy.

'' Click here for a list of Marquisates and Dukedoms in the Baronage of Scotland''

List of Lordships of Regality

Higher dignities compared to baronage titles, erected ''in liberam regalitatem''.

'' Click here for a list of Lordships of Regality''

See also

* Commissioner (Scottish Parliament)
* Earls, Marquises and Dukes in the Baronage of Scotland
* English feudal barony
* Irish feudal barony
* Feu
* Laird
* List of extant baronetcies
* List of family seats of Scottish nobility
* List of Marcher lordships (Welsh Marches)
* Lord of Parliament
* Lords in the Baronage of Scotland

References

Further reading

*
*Dickinson, Professor William Croft, ''The Court Book of the Barony of Carnwath 1523-1542'', Introduction, published by Scottish History Society, 1937. "The standard scholarly work on the history of Scottish feudal baronies".
*Grant, Alexander, ''The Development of the Scottish Peerage'', published in the ''Scottish Historical Review'', 1978.

External links

* Lord Lyon's Armorial Ruling
* Report on Abolition of the Feudal System
The Register of Feudal Lords and Barons of The United Kingdom of Great Britain and Northern Ireland

* The Heraldry Society of Scotland
* The Scottish Baronage Registry

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