Dr Bruce Durie BSc (Hons) PhD OMLJ FIGRS

Consultant Genealogist and Heraldist, Author, Broadcaster, Lecturer

Shennachie to the Chief of Durie Académie Internationale de Généalogie Right of Audience at the Court of the Lord Lyon 
● 
Fulbright Senior Scottish Studies Scholar, 2015-16 ● Freeman and Burgess of the City of Glasgow

Now incorporating Ancestral Scotland Ltd (www.ancestralscots.com)

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Scottish Feudal Baronies

Can I Become a Scottish Feudal Baron?

Well, the short answer is "probably". All it takes is the desire and ability to part with somewhere north of £120,000 (roughly US$ 165,000), and finding a barony for sale. But first...

What is a barony? 

The Scottish Feudal Barony is a unique thing - a Barony in Scotland is a piece of "incorporeal heritable real property" that can legally be bought and sold (along with some rarer but similar territorial lordships, earldoms and regalities). You cannot buy a knighthood, a baronetcy or a peerage, and an English "Lord of the Manor" is not actually a title. But you may certainly buy and sell a Scottish Feudal Barony.

What a barony is NOT... it is not "noble", despite legal arguments to the contrary. The current Lord Lyon, and indeed contemporary Scots Law, does not regard it as such.

Some history...

It’s the years 1124, and David I has returned from England to become King of Scots. He has made a few friends among the Anglo-Normans at the English Court (this is only a couple of generations after the Norman Conquest of England in 1066) and has invited some of them to Scotland, where he gives them lands. He has also seen the Norman feudal system at work and likes the idea so much that he imports that too. The essence of the feudal system is that the Monarch owns every piece of land, but is prepared to parcel it out as “free baronies” (in liberam baroniam), which are heritable, on payment of an annual feu. Originally this feu was military service (so many mounted knights and armed men for a stated period, when asked, because there was no standing army back then). Later, most feus became payable in cash or kind (actual money, or crops, animals, so many days work on the Baron’s lands and so forth). Sometimes it was “blenche ferme” – for a token payment, such as a white rose at Christmas, a pair of silver spurs, a pepper corn (where “peppercorn rent” comes from) or my personal favourite, a mirror for larks; or “Free Alms”, to do with founding a Collegiate Church.

Many Clan and Family Chiefs were created Feudal Barons – this was a way of the Crown recognising the power and landholding of a chief, but also bring the chiefs under some form of control and homage. A Feudal Barony was “a peaceful self-governing social unit” (Lord Lyon Innes of Learney wrote) and the Barons also had jurisdictional duties and powers civil and criminal – essentially those of a local magistrate – but these went away with various Acts cancelling heritable jurisdictions, in the aftermath of the final Jacobite Rebellion in 1745-46, notably the Heritable Jurisdictions (Scotland) Act 1746.

The Baron could sell off parts of his or her land (keeping the actual barony) and these could be passed on heritably, but the Baron remained the Feudal Superior, and the purchaser his or her Vassal, and feu was paid to the Baron. Likewise, the Vassal could sell off some of his or her land, heritably, for a feu, so there was a hierarchy of possession, with the Baron at the top, but as an “immediate Crown Tenant” to the Sovereign.

It doesn’t take much imagination to see that the Baron could eventually, over the centuries, divest almost all of the actual land, being left with a small piece, known as the caput (head) of the Barony. It was a neat legal fiction that the barony existed in, say, the main house, or even in one corner of a field, or a particular stone, or maybe a piece of ground just big enough for a telegraph pole – a smart trick, as the owner could charge the telegraph company for the way-leave. The Baron could sell the Caput, and with it went the barony title. There are, to this day, some owners we refer to as “Telegraph-pole Barons”.

Then came the Abolition of Feudal Tenure etc. (Scotland) Act 2000, which was actually enacted in 2004. This disjoined the “dignity” of a barony from any land. Although there were moves to abolish baronies entirely, some nifty footwork by then Lord Lyon Robin Blair persuaded the Scottish Government to retain the "dignity" of a barony as an “incorporeal heritable” – this could be bought and sold and inherited, but no land was involved. The barony is now sold by a mechanism not unlike a house sale, with a lawyer based in Scottish organising an “assignation” to the named purchaser.  

What do I get with a Barony?

Not much, to be frank, other than the right to be addressed as “Baron of Mickle-Muckle” or whatever it’s called. Note, that’s different from “Baron Mickle-Muckle”, which would indicate a Peerage. However, the new Baron may petition the Lord Lyon for a grant of Arms. If you can’t actually prove Scottish ancestry, sometimes a barony is the only way to bring yourself within the Lord Lyon’s jurisdiction. The Arms granted will differ from Arms obtained the usual way (by genealogy) except for the form of the helmet, which is garnished with gold. Since the time of Lord Lyon David Sellar, the Letters Patent will not make any reference to the barony or the title “Baron of...”, or include words like “noble”, “nobility” etc., or have a “Chapeau of Maintenance” (something introduced in the 1930s), or a feudo-baronial mantle. Nor will Supporters be granted by virtue of a barony alone. (There are two exceptions to this –older baronies chartered before 1587, and if you inherit, rather than buy, a Barony that has been in continuous ownership by your family.) By custom – not by any edict of the Lord Lyon, who does not oversee such matters – a Baron may wear two eagle feathers (an ordinary Armiger wears one and a Chief three). Incidentally, the wife of a male Feudal Baron is addressed as “Lady of...” but not “Baroness of...”.

 

The chapeau of mainenance and the Feudo-baronial mantle (Gules doubled silk Argent, fur-edged of miniver and collared in ermine, fastened on the right shoulder by five spherical buttons Or) are no longer granted with Arms to a Scottish Feudal Baron.

So, you get very little for your $115,000 or more except a warm feeling, the title “Baron of...”, the right to ask to be included in the Scottish Barony Register (unofficial, but recognised) and the possibility of a Coat of Arms. Remember that Arms are not themselves a “right” as they are granted by grace – so be nice to the Lord Lyon. Also, do not expect to get any special treatment in the locality of your barony – most locals won’t even recognise the name of it, and may never have heard of a Feudal Barony as a concept. But it’s certainly not like buying a non-existent bridge, or some Louisiana swampland, or beach-front property in Nevada.

Find a Barony for sale, get a knowledgeable Scottish solicitor in tow to handle the sale (I can suggest a couple), get it in the Scottish Barony Register (usually £700, about US$850), then find someone to Petition the Lord Lyon for Arms on your behalf (likely to cost some £4,000 or US$5,500 or more, depending on how fancy you get). 

Lord Clyde’s seminal analysis of the nature of a barony in Scots law in his 1990 decision in the case of Spencer-Thomas of Buquhollie v Newell relating to the Barony of Freswick:

‘A barony is an estate of land created by a direct grant from the Crown. The original grant is said to have “erected” the lands into a libera baronia, a freehold barony (Bell’s Principles, s. 750). The right can be conferred only by the Crown and cannot be transmitted by the baron to be held base of himself (Bell’s Dictionary (7th ed.) p 99; Bankton’s Institute, II.iii.86). In feudal classification a barony falls into the class of noble as opposed to ignoble feus. That classification is discussed by Craig (Jus Feudale, I. X. 16) and Bankton (II.iii.83). In Scotland the distinction was recognised between the greater barons and the lesser barons, the former acquiring such titles as Duke or Earl. It was at the earliest a territorial dignity as distinct from the later personal peerage. Thus when one was divested of an estate the title of honour ceased (Bankton, II.iii.84). In the feudal system, however, whether the dignity was that of a baron or of the greater dignity of an earldom, the feudal effects were the same (Erskine’s Institute, II.iii.46). As Stair put it (Institutions II.iii.45): “Erection is, when lands are not only united in one tenement, but are erected into the dignity of a barony; which comprehendeth lordship, earldom &c, all of which are but more noble titles of a barony, having the like feudal effects”. The grant of a barony carried with it the right to sit in Parliament, but as the number of lesser barons increased, steps were taken from 1427 onwards to restrict attendance to a selected number of them (Erskine’s Institute I.iii.3). The grant in liberam baroniam also carried a civil and criminal jurisdiction (Erskine’s Institute I.iv.25). But Erskine also states that while such an erection or confirmation is necessary to constitute a baron “in the strict law sense of the word”, all who hold lands immediately of the Crown to a certain yearly extent are barons in respect of the title to elect or be elected into Parliament (Institute I.iv.25).’

 

Certain Scottish Feudal Barons have supporters - mostly if their ancestors had held the barony while likely to be summoned to sit in the Scottish Parliament before an Act of 1587. An example is Sir John Dutton Clerk of Penicuik, Baronet, Baron of Penicuik and Lasswade.

Some barons may have supporters for other reasons - they are a peer or  chief, for instance.

Links:
The Forum for the Scottish Baronage - https://baronage.scot/ 
The Scottish Barony Register - https://scottishbaronyregister.org/ 
Official Register of Baronies (from the above) - click here (PDF)
(Note: This list is regularly updated
Many valid Baronies owned before 28 November 2004 are not yet registered in the SBR, and their omission here in no way impugns these dignities.

Bruce Durie regularly consults and advises on matters relation to Baronies, and their Coats of Arms.

Contact us HERE and include your name, location and query

 

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