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| The chapeau (or cap of maintenance) represents Scot barons in historical heraldry instead of a coronet |
| The Ancient Nobility of the Baronage of Scotland |
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| Convention of the Three Estates |
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, formerly a feudal superiority (dominium directum) or prescriptive barony attached to land 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,[2] institutional writers,[3][4] the registry of Scots Nobility,[5] the Scottish Law Commission Government Website,[6][7] UK Government Legislation Website[8] and the Scottish Parliament[9] all refer to the noble title of a Scottish baron.[10]
A Scottish barony is 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 are often passed 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 personal titles, no longer attached to the land. Therefore, it is incorrect to refer to them as "feudal barons" today. The correct term is simply "baron."[11]
Heraldry for Scottish baronies is governed by the Court of the Lord Lyon. This court issued a ruling in April 2015 that may recognise a person possessing a barony (and other titles that are but nobler titles of baron within the Baronage of Scotland lord/earl/marquis/duke see lordships in the Baronage of Scotland) on petition. The Lord Lyon King of Arms now prefers the approach of recognising the particular dignity as expressed in the Crown Charter that the petitioner presents.[12] Scottish baronies may be passed to any person, of either sex, by inheritance or assignation.[9]
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.
- ^ Ruling of the Court of the Lord Lyon (26 February 1943, Vol. IV, page 26): "With regard to the words 'untitled nobility' employed in certain recent birthbrieves in relation to the (Minor) Baronage of Scotland, Finds and Declares that the (Minor) Barons of Scotland are, and have been both in this nobiliary Court and in the Court of Session recognised as a 'titled nobility' and that the estait of the Baronage (i.e. Barones Minores) are of the ancient Feudal Nobility of Scotland".
- ^ "1992 legal position, Lord Clyde, Spencer Thomas of Buquhollie v Newell: "A BARONY FALLS INTO A CLASS OF NOBLE"" (PDF). Court of the Lord Lyon. 16 June 2024. Retrieved 16 June 2024.
- ^ "Page3. Institutional Writer Bankton: "NOBLE fees, are those which conferred NOBILITY to persons vested in them; these were baronies and regalities; and anciently all nobility, in the modern states proceeded from such fees; thus the title of Baron included Duke, Marquis and Earl, as well as that of Lord. "" (PDF). Court of the Lord Lyon. 16 June 2024. Retrieved 16 June 2024.
- ^ "Lord Stair (Institutions, II.iii.45): "the dignity of a barony; which comprehendeth lordship, earldom, & c. all of which are but more NOBLE titles of a barony"" (PDF). Court of the Lord Lyon. 16 June 2024. Retrieved 16 June 2024.
- ^ "Baronage". Registry of Scots Nobility. 16 June 2024.
- ^ "Page 31: "...the owner (can) claim ennoblement by the "nobilitating effect" of the "NOBLE quality" of the feudal title on which the land is held. The title of "Baron of So-and-So" or "Baroness of So-and-So" can be adopted... there is a right to relevant baronial additaments to the coat of arms. Baronial robes can be worn. The baron can, in theory, hold a baron's court, appoint a baron baillie to be judge, and exercise a minor civil and criminal jurisdiction."" (PDF). Scottish Law Commission Government Website. 16 June 2024. Retrieved 16 June 2024.
- ^ "page 20 "The discussion paper mentioned, BUT REJECTED, the possibility of allowing the "NOBLE aspects of the barony title" to lapse along with the abolition of the feudal relationship on which the ennoblement of the baron is based. It noted that the abolition of entitlement to the title "baron" was not a necessary part of feudal land reform and might well give rise to justifiable claims for compensation."" (PDF). Scottish Law Commission Government Website. 16 June 2024. Retrieved 16 June 2024.
- ^ "Abolition of Feudal Tenure etc. (Scotland) Act 2000, 63 Baronies and other dignities and offices: "nothing in this Act affects the dignity of baron or any other dignity or office (whether or not of feudal origin)" "dignity" includes any quality or precedence associated with, and any heraldic privilege incidental to, a dignity" Dignity means noble quality and use of title as covered in the Scottish Law Commission Report that led to the act". UK Government Legislation Website. 16 June 2004. Retrieved 16 June 2004.
- ^ a b Reid, Professor Kenneth (2003). The Abolition of Feudal Tenure in Scotland. Edinburgh: Tottel.
- ^ "Page 9: "Proposition 31(iii) was that : All pertinents of land held on Barony titles, including any rights to salmon fishings and rights in respect of the NOBLE TITLE OF BARON, should continue to be transmissible with the title to the land"" (PDF). Scottish Law Commission Government Website. 16 June 2024. Retrieved 16 June 2024.
- ^ "Abolition of the feudal system". Law Society of Scotland. Retrieved 25 September 2024.
- ^ "Note issued with Warrant for Letters Patent from Lord Lyon King of Arms" (PDF). 30 April 2015. Archived from the original (PDF) on 8 September 2015. Retrieved 13 December 2015.