Barons in Scotland

A "Scottish Prescriptive Barony 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 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 and 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.

Up until 1874, each new baron was confirmed in his barony by the Crown by Charter of Confirmation. Up 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, known as 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.

The first Scottish Executive was committed to abolishing the anachronism of 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 "incorporeal feudal heritage", not attached to the land and remains the only genuine, prescriptive, degree of title of UK nobility capable of being bought and sold – since under Section 63(1) of the Act, the dignity of baron is preserved after the abolition of the feudal system.[3][4] However, the Abolition Act did end the ability to get 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.[5] In Scotland, the practice has not been tested in a Court of Session case since the Act.

What is possibly the oldest barony in Scotland, the Barony 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 the Pictish 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.[6]

After 28 November 2004 under Scots law, a Scottish barony, which was previously Scottish heritable property (real property), became incorporeal heritable property (not attached to the land). Prior to the Act coming into effect, Scottish feudal baronies (including lordships and earldoms) were the only genuine title of UK nobility capable of being transferred following the sale of land containing a caput (or the sale of a feudal superiority).

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. A new policy statement has been made by the Lord Lyon to this effect.

Independent Scots legal advice should always be taken before entering into any contract that claims to offer a baronial title for sale. 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.[1] The Lyon Court has no jurisdiction in relation to the transfer of, or legal "trade" in, feudal titles. Any prospective purchaser should seek specialist independent Scots legal advice.

An English barony is a peerage (yet the abolition act of 1660 allows for some remaining non-peer baronies not converted by writ to remain as feudal baronies of free socage "incorporeal hereditament" similar to a lordship of the manor), but whether Scottish barons rightfully rank as peers is disputable.[7] 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 feudal 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 his existing name (e.g., "John Smith, Baron of Inverglen") or add the territorial designation to his surname if still in possession of the caput ("John Smith of Inverglen, Baron of Inverglen"); some of the oldest Scottish families prefer to be styled by the territorial designation alone ("Smith of Inverglen").[8][9][10] Formal and in writing, they are styled as The Much Honoured Baron of Inverglen. A baron may be addressed socially as "Inverglen" or "Baron," and introduced in the third person as "John Smith of Inverglen, Baron of Inverglen" or "The Baron of Inverglen". When referred to informally in the third person it is incorrect to refer to him as "Baron Inverglen" or "Lord Inverglen", as these would imply a peerage title (i.e. Lord of Parliament)[11] A married couple 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."[8] The oldest son of a feudal baron may be known by his father's territorial designation with the addition of "yr" (abbreviation for "younger"), as in "John Smith of Inverglen, yr" and the eldest daughter if heir apparent is entitled to use the courtesy title "Maid of [Barony]" at the end of her name.

The United Kingdom policy of using titles on passports requires that the applicant provides evidence that the Lord Lyon has recognised a feudal 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 feudal title e.g. The holder is John Smith, Baron of Inverglen.[12]

A Scottish baron's helmet

The former Lord Lyon declined to award the following baronial additaments to the arms of those feudal barons registering arms now that the Abolition of Feudal Tenure etc. (Scotland) Act 2000 is in force. However, the current Lord Lyon has confirmed in a recent policy statement that he will officially recognise feudal barons or those possessing the dignity of baron who meet certain conditions and will grant them arms with a helmet befitting their degree. Scottish Barons rank below Lords of Parliament; while noble, they are not conventionally considered peerage titles. Unlike others, the titles can be hereditary or bought and sold.

In showing that Scottish barons are titles of nobility, reference may be made, amongst others, to Lyon Court in the Petition of Maclean of Ardgour for a Birthbrieve by Interlocutor dated 26 February 1943 which "Finds and Declares that the Minor Barons of Scotland are, and have both in this Nobiliary Court, and in the Court of Session, been recognised as 'titled' nobility, and that the estait of the Baronage (The Barones Minores) is 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.[13][14] 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

An azure 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 Thomas Innes of Learney. Accordingly, a number of ancient arms of feudal barons do not display the chapeau, and now it is no longer granted.

At 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 (562 A.D.) 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.[6]

A chapeau, if part of an armorial achievement, is placed into the space directly above the shield and below the helmet. It may otherwise be used on a visiting card, the flap of an envelope, or to ensign the circlet of a crest badge as used on a bonnet.

Feudo-baronial mantle

The historical Scottish baron's mantle and chapeau from the 1930s to 2004, which are no longer granted

Particularly Scottish in character is the feudo-baronial mantle or robe of estate - described as gules doubled silk argent, fur-edged of miniver and collared in ermine, fastened on the right shoulder by five spherical buttons Or. This may be displayed in a pavilioned form, draped behind the complete achievement of arms - or the armorial shield alone - tied open with cords and tassels, and surmounted by the chapeau. Again, Lord Lyon is no longer granting these heraldic mantles.

Below is a list of some Scottish feudal baronies created before 1707; this list does not include Scottish feudal baronies created between that year and 1838 (BGH), when the most recent creation of a Scottish feudal barony occurred.

When updating this list, please create for each new entry a separate, wikified article titled "Scottish feudal barony of X", which records a brief biography of the previous incumbent and is wikilinked to this list. Please do not simply delete the name of the previous incumbent. Individual articles should be produced for the history of each barony, except that where few or no verifiable and detailed sources exist, histories should start with the current or previous holder and may take the form of sections within existing articles on the caput's village, town, or castle.

[29][30]

• Commissioner (Scottish Parliament)
• Laird
• List of extant baronetcies
• Feu
• Feudal earldom
• Scottish feudal lordship
• Lord of Parliament
• English feudal barony
• Irish feudal barony
• List of Marcher lordships (Welsh Marches)

• Lord Lyon's Armorial Ruling[31]
• Law Reform Commission of Ireland
• Text of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
• Report on Abolition of the Feudal System[32]
• The Register of Feudal Lords and Barons of The United Kingdom of Great Britain and Northern Ireland
• The Heraldry Society of Scotland
• The Court of the Lord Lyon
• College of Arms
• Registry of Scots Nobility – Baronage
• The Scottish Baronage Registry
• Burke's Peerage
• The Peerage

• Scottish Law Commission. "Report on Abolition of the Feudal System. Laid before Parliament by the Lord Advocate under section 3(2) of the Law Commissions Act 1965. Ordered by the House of Commons to be printed11 February 1999 (Scot Law Com No 168)". Retrieved 17 March 2015.
• 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". In the opinion of the Lyon King of Arms
• Grant, Alexander, The Development of the Scottish Peerage, published in the Scottish Historical Review, 1978.