
On 28th November the 'Abolition of Feudal tenure etc. (Scotland) Act 2000 came into force preserving, amongst other measures, Scotland's Baronage and their heraldic rights.
You may continue to purchase barony titles, sell them, leave them in your will to whomever you wish, or, gift them in your own lifetime. In the event that you die intestate they will pass under the pre-1964 laws of succession; that is to say your eldest male child will inherit. Barony titles are separated from the land that they formerly belonged to and become personal titles and as such are no longer recordable in the public land registers.
Up until 28th November 2004 ('the appointed day') a barony was an estate of land held directly of the Crown, or the Prince and Steward of Scotland, with a Crown Charter erecting the land into a Barony. It is an essential element of a barony title that there exists a Crown Charter of the barony. Crown Charters are recorded in the Register of the Great Seal of Scotland. Often the original Charter has been lost but because of the Scottish system of recording property writs 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. These are also recorded in the Register of the Great Seal. After 28th November it is still necessary, when purchasing a barony, to carry out the same conveyancing procedures in order to establish the validity of the title offered for sale. You will still require to employ a Scottish solicitor to effect the transfer of the title.
The historian, Sir Robert Douglas of Glenbervie observed "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."
The former Lord Lyon King of Arms, Thomas Innes of Learney describes the Barony as a "peaceful self-governing social unit" and that the baronial castle was "the centre of local government".
The prime reason that the Crown erected lands into baronial status was to secure the allegiance of their subject vassal. Before the 1745 Rebellion barons provided military service which, with no standing army, was essential to the maintenance of power and public order.
The effect of erecting lands into barony status was in most instances to recognise and authorise the landowner in his right and duty to administer his lands on behalf of the Crown. Primarily this was the administration of justice and the maintenance of public order. Barons held their own courts with either themselves or their baron baillies sitting in judgment. In some baronies this maintenance and administration of public order extended to the right of 'pit and gallows'. After the passing of an Act of Parliament following the 1745 rebellion (20 Geo. II., Cap. 43), "An Act for taking away and abolishing the Heritable Jurisdictions in that part of Great Britain called Scotland" the barons lost almost all of their law enforcement powers.
Barons also had valuable commercial advantages including the right to petition the Crown to have towns erected into Burgh of Barony status thus enabling the baron to control trade, hold fairs and even sometimes to exact taxes.
Just as the feudal system gradually evolved, approximately 1100 to 1700, so the system very slowly dissolved thereafter. The Act of 1587 had already allowed minor barons to absent themselves from attending the Kings parliament. Today, with the passing of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 barony titles are personal titles of dignity with no other powers or responsibilities. As far as we know a Scottish Barony title is the only dignity that can be legally purchased and is recognised by law. The Act, from the appointed day on which the sections of the Act come into force, divorces the ownership of land from the ownership of the barony title.
Scottish barons, depending upon their inclination, often take an active part in the affairs of their barony. One baron has recently helped towards the restoration of the village hall and War Memorial. Another baron has recently endowed an annual prize for the best student at the local agricultural college.
There is no typical profile of the modern baron. Many barons have purchased their baronies to cement their family ties with Scotland. Others because of their keen interest in Scottish history and some because they wanted to treat themselves to something unique.
Baronies in former times were commercial in nature in that barons drew their incomes from their lands. Today many barons use their baronial status to further their business interests. Baronial names may be entered onto passports, credit cards etc. and the baron's coat of arms, if he/she possesses arms, may be displayed on letterheads. A barony title is not a peerage title in the sense that the holder can sit in the House of Lords but is a personal dignity. Most barony titles predate most peerage titles.
There are a number of ways to obtain a barony title and without doubt the nicest way is to be left it as an inheritance. We will do nothing to persuade you that a barony title is a 'good investment'. Barony titles are to be enjoyed. If you do not have the good luck to inherit a title then the next best thing is to purchase one (and one day you can make someone happy by leaving it to them). Baronies have been bought and sold since the beginning of the last millennium. It is true that in those days vast tracts of land attached to the barony but to-day you can purchase a title of dignity without the encumbrance of having to purchase many thousands of acres.
Scottish Barons have the right to petition the Lord Lyon King of Arms for a grant of arms with additaments appropriate for a baron. This is not the place to give a lecture on Scots Heraldry; however, we would refer you to Scots Heraldry by Sir Thomas Innes of Learney (various editions).
If you desire a barony title it will cost you a minimum of £60,000 (Pounds Sterling). One barony title recently sold for a reported £1,000,000. You will find details of barony titles we currently have for sale on our Titles for Sale page. We do not always have a title for sale. Our clients, for whom we sell their titles, often prefer us to be more confidential and to sell 'quietly'. We run our business in the 'quill pen' tradition; if you e-mail us we will discuss with you your requirements and attempt to satisfy you.
Please contact us for more information.
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