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The Scottish Barony Register is a non-statutory register that was established and is currently maintained by members of the legal profession in Scotland. It was incorporated as a private company limited by guarantee, registered under the number SC276349.[1] Its current Custodian is Alastair Shepherd, a retired solicitor and a Writer to His Majesty's Signet.[2][3][4]
 | |
| Non-statutory register overview | |
|---|---|
| Formed | 2004 |
| Jurisdiction | Scotland |
| Headquarters | Princes Exchange, 1 Earl Grey Street, Edinburgh EH3 9EE |
| Non-statutory register executive |
|
| Website | scottishbaronyregister |
History
editFrom about 1150 until the early 2000s, Scottish land law was fundamentally based on feudal principles of land tenure that can be traced back to medieval times. In theory, all land was ultimately owned by the Crown, with subordinate feudal relationships governing how land could be granted and inherited downward. Specifically, only the Crown (and in some cases the Prince and Great Steward of Scotland in the regions of Ayrshire and Renfrewshire) held absolute title to lands. Barons held their land in a subordinate position to the Crown, with conditions that generally included providing men for military service when called upon as well as payment of fees or rents.[5]
These barons were then able to pass portions of their land holdings to others below them in the feudal hierarchy, but again these subordinate transfers were subject to the same types of obligations and feudal conditions. Over many centuries, this system gradually diluted as practical realities diverged further from the theoretical legal framework. However, the basic feudal principles of land tenure and property relationships remained the core foundation of Scottish real property law.
Only the Crown had the authority to grant titles of barony, which in addition to transferring ownership of a defined geographical area of land, also typically included rights to hold local markets and administer local justice systems. The recipient of a barony grant could then rightfully use the title, such as "John Doe, Baron of Stirling".[6] Barons were also generally expected or required to attend sessions of Parliament when summoned.[7]
Importantly, the baronial rights and title that came with a grant of lands did not simply pass from father to son through inheritance. Continued confirmation and approval from the Crown was necessary to fully transfer the barony holdings and authority between generations. This served as an important mechanism for the Crown to maintain control and ensure ongoing loyalty from those wielding local power and influence. Receiving a signed charter of confirmation from the Crown was typically required to legally establish succession of a barony title until the Conveyancing (Scotland) Act of 1874 brought reforms.[8]
As Scotland transitioned into the early modern period from about 1746 onwards, most of the jurisdictional powers and responsibilities that accompanied barony titles began to be steadily removed and centralised under the authority of the Scottish legal system. With their localised feudal authority diminished, barony titles gradually reduced in importance and significance over the following centuries. However, barons still retained rights to sell or transfer portions of their demesne lands, while keeping their barony designation, as long as they held title to some definable area of ground within the barony boundaries, a condition that persisted legally until 2004 reforms.
In the latter half of the 20th century, something of a marketplace emerged involving the buying and selling of long-standing barony titles, often associated with only a nominal parcel of land. So long as registered in the General Register of Sasines or the Land Register of Scotland, a barony title could change hands and be officially recorded. However, in 2004 the Abolition of Feudal Tenure etc. (Scotland) Act officially eliminated the underlying feudal system of land tenure that had governed Scotland for nearly 800 years. As a result, barony titles overnight lost the ability to be recognised in the Scottish land registration system.[9]
Although the Act preserved the dignity of baronial titles, it did not establish an alternative register for recording them. Recognising the need to maintain the integrity of the market, lawyers and other parties involved in baronial affairs decided to create a privately operated register. This led to the establishment of the Scottish Barony Register, commissioned specifically to record the ownership of these titles. Only baronial titles that have changed ownership since 2004 are included in the Scottish Barony Register, which is accessible exclusively to Scottish solicitors.
Purpose
editThe Scottish Barony Register serves as an important source of information regarding the ownership of feudal dignities in Scotland. It addresses a previous gap in available knowledge by providing a record of ownership rights for titles such as baronies, lordships, and earldoms, particularly in relation to heraldic grants issued by the Lord Lyon.[10] Unlike the Land Register of Scotland, the Scottish Barony Register does not confer legal title to the registered dignities.
Although registering a barony title in the Scottish Barony Register is not legally required, many individuals value the process as a means to establish the legitimacy of their feudal dignities. The Custodian of the Register meticulously examines the titles and supporting documentation provided by applicants to maintain the integrity of the register. This thorough review ensures that legal professionals and their clients can rely on the information contained in the Scottish Barony Register, facilitating professional and transparent transactions involving the purchase and sale of barony titles.[11]
As of January 2024, the Scottish Barony Register contains a total of 188 registered dignities, predominantly baronies.[12] This centralised repository of information addresses a significant gap by consolidating ownership and status details that were previously scattered across various sources or subject to uncertainty. The establishment and maintenance of the Scottish Barony Register have been instrumental in preserving Scotland's feudal system's rich history and legal traditions.
See also
editReferences
edit- ^ "SCOTTISH BARONY REGISTER overview - Find and update company information - GOV.UK". find-and-update.company-information.service.gov.uk. Retrieved 2024-06-18.
- ^ "Alastair Shepherd appointed custodian of the Scottish Barony Register". Scottish Legal News. 2020-11-13. Retrieved 2024-06-19.
- ^ "Scottish Barony Register custodian to hand over duties". Law Society of Scotland. Retrieved 2024-06-19.
- ^ "Retiring solicitor's new role with Scottish Barony Register". East Lothian Courier. 2020-11-30. Retrieved 2024-06-19.
- ^ "The Convention of the Baronage of Scotland". scotsbarons.org. Retrieved 2024-06-19.
- ^ "Scottish Feudal Baronies, Scottish and Irish Titles, Titles, Forms Of Address, People of Influence | Debrett's". web.archive.org. 2016-03-07. Retrieved 2024-06-19.
- ^ young, John R. (2009), Baury, Roger; Legay, Marie-Laure (eds.), The Nobility and the Scotish Parliament of 1648-1651, Histoire et civilisations, Villeneuve d’Ascq: Presses universitaires du Septentrion, pp. 241–258, ISBN 978-2-7574-2135-2, retrieved 2024-06-19
- ^ "Conveyancing (Scotland) Act 1874". vLex. Retrieved 2024-06-19.
- ^ "Scottish Barony Titles - the historical and legal perspective". Barony Titles. Retrieved 2024-06-19.
- ^ "Note issued with Warrant for Letters Patent from Lord Lyon King of Arms in the application of GEORGE DAVID MENKING - Criminal record - Document - PDFSEARCH.IO - Document Search Engine". www.pdfsearch.io. Retrieved 2024-06-19.
- ^ Yellowlees, Michael. "Scottish Barony Titles" (PDF). Lindsay WS.
- ^ "Legal professionals unaware of Scottish Barony Register". Scottish Legal News. 2024-01-09. Retrieved 2024-06-19.