The Baronage of Scotland
Created | Updated Jul 18, 2011
The subject of Baronage is yet a matter of living law and practice - yet is a matter of appropriate, and indeed most interesting, antiquarian investigation regarding an ancient “Order” in the Realm of Scotland.
We find that not only are the robes of the Scottish Feudal Baronage illustrated by historical evidence still extant, but included in official representations; and also is the Baronial Chapeaux, the ancient and primitive patriarchal hat, surviving in its heraldic matriculation to the Feudal Baronage of Scotland, and in quite a number of cases added to arms in the course of re-matriculation. It is affirmed that, it is still be retained for holders of corporeal Baronies, or the incorporeally baronial as the representatives of Baronial Houses. Investigation of these details of baronial insignia has added considerably to our knowledge regarding the social aspect of the feudal barony in mediaeval Scotland.
Feudal Baronage
The Baronage of Scotland is an Order of Nobility, derived partly from the allodial system of territorial tribalism, in which the patriarch held his land "under God", and derived partly from the later feudal system of Western Europe, as a developed form of tribalism, in which the territory came to be held "of, and under" the King in an organised parental realm.
1
Scottish Prescriptive Baronage by Tenure was, from 1660 until 2004, the feudal description of the only genuine degree of title of UK nobility capable of being bought and sold, (along with the Caput, or property), rather than merely passing by personal descent. Entry in the Sasine Register gave prescriptive (normal or correct usage) right, to the caput, or the essence of the Barony.
The first historian of the ancient Baronage of Scotland, Sir Robert Douglas, observes, "There is no nation in Europe where the Gentry, or lesser Barons and Freeholders, enjoyed so much liberty, or had such extensive privileges as those of Scotland." It is with these Barons, and not the Peerage that the Baronages of the Euopean continental mainland have always been equated.
Scottish feudalism may be described as the development, and the extension of, the organisation of the family. The clan-system itself is, not only closely intermingled with feudalism, but is feudal in the strictly historical sense. In relation to the land in Scotland, it is the antithesis of the earlier slave-based social systems - whatever the original advantages and disadvantages of serfdom, expiring sooner than elsewhere, and vanishing by about 1330 – and hence Scotland then becomes perhaps the most perfectly feudalised country in Europe.
Scottish feudalism - was in fact the same popular system as that of 9th to 12th Century France, and survived as a living force, and preserved its popularity, simply because it retained the clannish family aspect. The Baron, as, “Chef de Famille", in relation to the occupants of his fief; never evolved into a "caste-distinction", which caused the unpopularity of feudalism on the Continent.
2
The 19th Century Scottish jurist, Professor Bell, observes, "It may well be noticed not without a sense of wonder, and at the same time of gratification, that the system formerly so well adapted to times of war and internal commotion should now be so perfectly suited to times of peace, and security."
The estates of the Bishopric of Moray is an example, by resolution of the Committee for Privileges, that a feudal barony conferred what is termed a “title” of free-barony, the erection in liberam baroniam as a temporal fief. The Crown charter of the Bishopric of Moray, of 6th May, 1590 confers a "title, honour, order, and estate". The grantee and the heirs are entitled to be styled "Barons of Spynie", whereas the subsequent peerage grant of 1593 created a dignity "intitulat" Lord Spynie, distinction being made between "Lords" and "Barons", referred to as such, in the Lyon Court Act, 1672.
3
Scottish Law
The Scots have a quite 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 is at once Herald and Judge.
Up until 28th November 2004 a barony was an estate of land held directly of the Crown, or the Prince and Great Steward of Scotland, with a Crown Charter erecting the land into a Barony. It was an essential element of a barony title that there existed a Crown Charter of the barony. Crown Charters are recorded in the Register of the Great Seal of Scotland. Often the original Charter was later lost but usually an Official Extract can be obtained from the Register of the Great Seal. An Official Extract has the same legal status as the original Charter. Up until 1874 each new baron was confirmed in his barony by the Crown with a Charter of Confirmation.
In the 17th century two important statutes were passed. The first set up a General Register of Sasines, and said that all landowning should be registered in it, and that an entry in the Sasine Register would give prescriptive right, after so many years, to the "caput", or the essence of the barony. Accordingly, the individual - irrespective of sex, who owned the said piece of land containing the caput was the Baron or Baroness. The second statute setup the Lyon Register in 1672 and said that no arms were to be borne in Scotland unless validly entered in Lyon Register. This removed uncertainty about armorial rights.
From the Treaty of Union of 1707 - until 1999 - a unified Parliament, 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 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.
After 28 November, 2004, the feudal system was abolished under Scottish law. Although the Scottish Executive was committed itself to abolishing the feudal system, Section 63(1) of the Act,
4
preserves the dignity of Baron and the heraldic rights of barons. The abolition of the feudal system, then, has had no adverse effect on barony titles themselves, but the titles are now incorporeal feudal heritage - so Scottish baronages that were a Scottish Prescriptive Baronies by Tenure are no longer attached to the land - however, remaining the only genuine degree of title of UK nobility capable of being bought and sold.
5
Usage
The Baron is not a ''Lord of Parliament'', but is of noble title. The titles of Baronage tend to be used when landed families are not in possession of titles of higher rank. Many heads of landed families have subsequently been granted UK peerage titles, or have been created knights of the Realm.
Statutes of 1592 and the the Nova Scotia Baronetcy Patents of King Charles I show the non-peerage Table of Precedence as: Baronets, Knights, Barons and Lairds, Armigers, Esquires and Gentlemen. Baronets, Knights, and Barons are grouped together in the 3rd section of the first volume of Lyon Register. Under the Act of Union of 1707, Scottish the Baronage takes precedence as “Peers of Great Britain”, that is after Barons of England in order of creation and before Baronets, Knights, Esquires or Gentlemen. On the European Continental mainland, where there are no Baronets, and Barons are ranked in their proper place after Dukes, Marquises and Counts as part of the nobility, before “Chevaliers” (Knights).
As a member of Baronage, the owner of the Scottish barony "Inverglen" may decide to continue to use his existing name, "John Scott", and add the title, to become - "John Scott, Baron of Inverglen" - and be addressed as "Inverglen". He may take the territorial (or laird's) designation as part of his surname, to become - "John Scott of Inverglen, Baron of Inverglen". The name recorded by the Lord Lyon as part of a grant of arms or matriculation becomes the holder’s name for all official purposes. A married couple become: "The Baron of Inverglen and Lady Inverglen", "Inverglen and Lady Inverglen", or "The Baron and Lady Inverglen".
The Forms of Address for use orally and in correspondence, prepared by the Crown Office in Jun 2003 6 states that, "The junior female rank in the Peerage of Scotland is not Baroness", that, "The wife of a baron is not addressed as Baroness", and that, "The husband of a woman who becomes a peeress does not assume any additional title".
It is helpful when the Baronage holder's preferred style is printed at the letter head or on a correspondence card. Care must be taken to see that, if a he is a knight of an Order of Chivalry, the appropriate letters are placed as a suffix to his name.
Heraldry
The Baron’s robes remain unchanged from those specified by warrant of Charles I, as apparel for attending his coronation.
Baron Baillie
A Baron Baillie as the appointed deputy of the Baron Court, traditionally exercised both civil and criminal jurisdiction in the Barony.
The heraldic blazon of the Cap of the Baron-Baillie is of the style: "A Cap of the Livery Colour of the Barony doubled Argent stringed of colour of the same, and environed of two guards of braid of the Livery Metal of the Barony".
Baron Sergeant
The symbols of office of the Baron Sergeant are his Ellwand together with a, horn.
The Ellwand,
7
is a stave, an Ell in length. It is white with black ends, and is sometimes topped with the Arms or Badge of the Barony. In accordance with a Scottish Act of 1617, ratified in 1621, regulating weights and measures, the linear measure of an Ell was committed to Edinburgh Castle, and fixed at 37 inches.
8
The English linear measure of an Ell was equal to 45 inches or 1.14 m. 9
Note:
10
1
Proceedings of the Society of Antiquaries of Scotland. One Hundred and Sixty-Fifth Session 1944-1945. Volume LXXIX. 27th October, 1945.
2
Proceedings of the Society of Antiquaries of Scotland. One Hundred and Sixty-Fifth Session 1944-1945. Volume LXXIX. 27th October, 1945.
3
Proceedings of the Society of Antiquaries of Scotland. One Hundred and Sixty-Fifth Session 1944-1945. Volume LXXIX. 27th October, 1945.
4
Abolition of Feudal Tenure etc. (Scotland) Act 2000
5
The Honours (Prevention of Abuses) Act, 1925 prohibites the sale of House of Lords Peerages and of Knighthoods.
6http://www.dca.gov.uk/dept/titles.htm#part8 Forms of Address for use orally and in correspondence, prepared by the Crown Office in Jun 20037
“Ellwand”, Webster's Revised Unabridged Dictionary (1913)
8
Proceedings of the Society of Antiquaries of Scotland. Session 1896-97. Vol. XXXI. 12th April, 1897
9
“Ell”, www.thefreedictionary.com
10
© 2006. I hereby assert my right to be identified as the author of this work under the pen-name Book_Mouse in accordance with the Copyright Designs and Patents Act 1988 as amended by The Copyright (Computer Programs) Regulations 1992. References: CDPA 1988 ISBN 0105448885 and CCPR 1992 ISBN 0110251164.
Proceedings of the Society of Antiquaries of Scotland. One Hundred and Sixty-Fifth Session 1944-1945. Volume LXXIX. 27th October, 1945.
2
Proceedings of the Society of Antiquaries of Scotland. One Hundred and Sixty-Fifth Session 1944-1945. Volume LXXIX. 27th October, 1945.
3
Proceedings of the Society of Antiquaries of Scotland. One Hundred and Sixty-Fifth Session 1944-1945. Volume LXXIX. 27th October, 1945.
4
Abolition of Feudal Tenure etc. (Scotland) Act 2000
5
The Honours (Prevention of Abuses) Act, 1925 prohibites the sale of House of Lords Peerages and of Knighthoods.
6http://www.dca.gov.uk/dept/titles.htm#part8 Forms of Address for use orally and in correspondence, prepared by the Crown Office in Jun 20037
“Ellwand”, Webster's Revised Unabridged Dictionary (1913)
8
Proceedings of the Society of Antiquaries of Scotland. Session 1896-97. Vol. XXXI. 12th April, 1897
9
“Ell”, www.thefreedictionary.com
10
© 2006. I hereby assert my right to be identified as the author of this work under the pen-name Book_Mouse in accordance with the Copyright Designs and Patents Act 1988 as amended by The Copyright (Computer Programs) Regulations 1992. References: CDPA 1988 ISBN 0105448885 and CCPR 1992 ISBN 0110251164.
