Baronage of Scotland
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In Scotland, the titles of "baron" or "baroness" refer to holders of a barony within the Baronage of Scotland, a rank of the ancient Scottish nobility. These are hereditary titles of honour,[1][2] traditionally granted by Crown charter as free baronies. While Scottish barons are recognised as noble,[3] they are not peers and not members of the Peerage of Scotland. Their legal recognition is upheld by various institutions, including the Court of the Lord Lyon,[4] the Scottish Parliament,[5] institutional writers[6][7] and official sources such as the Scottish Law Commission.[8][9]
Although being historically referred to as feudal barons, this terminology has became obsolete. Following the Abolition of Feudal Tenure etc. (Scotland) Act 2000, which came into force in 2004, Scottish baronies ceased to be connected to land ownership. They became non-territorial dignities, or personal honours in law, with no associated land rights.[10] The correct modern usage is simply "baron".[11]
Scottish baronies are unique among British noble titles in that they may be succeeded by alienation, not solely by inheritance. Unlike peerage titles, they are not governed by strict succession rules and have remainders to "heirs and assignees", as stated in Crown charters. These titles are also excluded from the Honours (Prevention of Abuses) Act 1925, since they are not newly created honours but existing dignities recognised in law.
The heraldic privileges associated with baronies are regulated by the Lord Lyon King of Arms, who retains authority over arms in Scotland. A Scottish barony may be inherited or alienated to any individual, regardless of gender.[12] The institution of the Scottish baronage predates the Scottish peerage, and the two continue to coexist. 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.
Rights in relation to Parliament
Scottish baronies have been conflated with English manorial lordships by some sources, including the Manorial Society, which has described Scottish baronies as equivalent to English manors.[13] This comparison is not accurate in terms of legal status and historical function.
Scottish barons held a noble rank granted by the Crown through Crown charter, which conferred specific privileges including precedence, pre-eminences, and the right to sit in the pre-1707 Scottish Parliament as part of the ancient Three Estates system. When attending Parliament in person, Scottish barons were seated among the nobility of the Second Estate. In contrast, English lords of the manor did not hold titles granted by the Crown and did not constitute a noble rank with associated heraldic rights, but rather represented a style of address for estate owners. The Scottish equivalent to an English lord of the manor is a Scottish laird.
In 1428, legislation was enacted permitting lesser barons to elect commissioners to represent them in Parliament, primarily due to the expense and hazards associated with travel during this period.Script error: No such module "Unsubst". These elected commissioners were seated alongside the burgh and shire commissioners of the Third Estate. The personal right of barons to attend Parliament directly was not abolished by this arrangement and continued until the Union of 1707.
Greater barons, through political influence and royal favour, were frequently elevated to higher dignities over time, evolving into peers of the realm with titles such as lord of parliament, earl, or duke, and assuming prominent roles in the governance of the Kingdom of Scotland. Lesser feudal barons maintained their influence primarily through local administration, exercising judicial authority through their baron's courts.
In medieval Scotland, territorial baronies formed the foundation of the noble hierarchy, while personal peerage titles conferred by the Crown developed as a later institution, though both systems were well-established prior to the Acts of Union in 1707.
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".[14]
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.[15][16] 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.[17] 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. Script error: No such module "Unsubst".
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)Template:Clarify. 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).[18][19]
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.Script error: No such module "Unsubst".
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.[20] The Lyon Court has no jurisdiction in relation to the assignation, or legal transfer of, baronial titles.Script error: No such module "Unsubst".
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.[21] 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").[22][23][24] 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).[25] However female barons, either the substantive holder or wife, can be interchangeably "Baroness of Inverglen" or "Lady Inverglen" without the "of"[26] 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."[22] 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[27] would then show the holder's full name, followed by their baronial title, e.g. The holder is John Smith, Baron of Inverglen.[28]
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.Template:CN
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.[29]
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.[30][31] 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.[32]
Template:Divisions of Scottish Baronage sidebar
List of titled nobles in the Baronage of Scotland
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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. Template:ClarifyTemplate:Category handlerTemplate:Category handler[<span title="Script error: No such module "string".">Please clarify "C" in headings. (This is NOT done by the footnote.)]Script error: No such module "Check for unknown parameters".
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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
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- 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".[124]
- Grant, Alexander, The Development of the Scottish Peerage, published in the Scottish Historical Review, 1978.
External links
- Lord Lyon's Armorial Ruling[125]
- Report on Abolition of the Feudal System[126]
- The Register of Feudal Lords and Barons of The United Kingdom of Great Britain and Northern Ireland Template:Webarchive
- The Heraldry Society of Scotland[127]
- The Scottish Baronage Registry[128]
- ↑ Script error: No such module "citation/CS1".
- ↑ The Baronage of Scotland by Sir Robert Douglas (1798), a foundational text on Scottish nobility, describes baronies as "titles of honour" conferred by the Crown with associated dignities
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- ↑ http://www.scotarmigers.net/ssagallery/albums/userpics/10001/lindsay-grant.jpg
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- ↑ Alwyne Arthur Compton Farquharson listed as baron in Burke's 2003, but he died 2021 according to news reports. According to Clan website the heir was his Great-Nephew Philip Farquharson of Invercauld Script error: No such module "citation/CS1". Script error: No such module "citation/CS1". Script error: No such module "citation/CS1".
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- ↑ People of Medieval Scotland, Document 3/350/24
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