Scottish Barony Register: Difference between revisions - Wikipedia

The '''Scottish Barony Register''' is a non-statutory [[Registers of Scotland|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.<ref>{{Cite web |title=SCOTTISH BARONY REGISTER overview - Find and update company information - GOV.UK |url=https://find-and-update.company-information.service.gov.uk/company/SC276349 |access-date=2024-06-18 |website=find-and-update.company-information.service.gov.uk |language=en}}</ref> Its current Custodian is Alastair Shepherd, a retired solicitor and a [[Writer to His Majesty's Signet]].<ref>{{Cite web |date=2020-11-13 |title=Alastair Shepherd appointed custodian of the Scottish Barony Register |url=https://www.scottishlegal.com/articles/alastair-shepherd-appointed-custodian-of-the-scottish-barony-register |access-date=2024-06-19 |website=Scottish Legal News |language=en}}</ref><ref>{{Cite web |title=Scottish Barony Register custodian to hand over duties |url=https://www.lawscot.org.uk/ |access-date=2024-06-19 |website=Law Society of Scotland |language=en}}</ref><ref>{{Cite web |date=2020-11-30 |title=Retiring solicitor's new role with Scottish Barony Register |url=https://www.eastlothiancourier.com/news/18901472.retiring-solicitor-alastair-shepherds-new-role-scottish-barony-register/ |access-date=2024-06-19 |website=East Lothian Courier |language=en}}</ref>▼

▲The '''Scottish Barony Register''' is a non-statutory [[Registers of Scotland|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.<ref>{{Cite web |title=SCOTTISH BARONY REGISTER overview - Find and update company information - GOV.UK |url=https://find-and-update.company-information.service.gov.uk/company/SC276349 |access-date=2024-06-18 |website=find-and-update.company-information.service.gov.uk |language=en}}</ref> Its current Custodian is Alastair Shepherd, a retired solicitor and a [[Writer to His Majesty's Signet]].<ref>{{Cite web |date=2020-11-13 |title=Alastair Shepherd appointed custodian of the Scottish Barony Register |url=https://www.scottishlegal.com/articles/alastair-shepherd-appointed-custodian-of-the-scottish-barony-register |access-date=2024-06-19 |website=Scottish Legal News |language=en}}</ref>

== History ==

From about 1150 until the early 2000s, [[Land registration (Scots law)|Scottish land law]] was fundamentally based on [[Feudalism|feudal]] principles of land tenure that can be traced back to medieval times. In theory, all land was ultimately owned by the [[The Crown|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.<ref>{{Cite web |title=The Convention of the Baronage of Scotland |url=https://scotsbarons.org/feudalism.htm |access-date=2024-06-19 |website=scotsbarons.org}}</ref>

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.

~~=== Pre-2004 ===~~

Prior to November 28, 2004, a barony referred to an estate of land that was directly held from the [[The Crown|Crown]] or the [[Prince and Great Steward of Scotland]], accompanied by a [[Royal charter|Crown Charter]] that established the land as a barony. The possession of a Crown Charter was a fundamental requirement for a barony title. These Crown Charters were documented in the Register of the [[Great Seal of Scotland]]. Although the original Charters were often lost, the Scottish property recording system allowed for the acquisition of an Official Extract from the Register of the Great Seal, which held the same legal status as the original Charter. Until 1874, new barons could have their baronies confirmed by the Crown through a Charter of Confirmation, also recorded in the Register of the Great Seal. After 1874, only a [[Disposition (Scots law)|disposition]] was necessary for the sale or inheritance of a barony, and copies of these dispositions can be found in the [[Register of Sasines]].<ref name=":0">{{Cite web |title=Scottish Barony Titles - the historical and legal perspective |url=https://baronytitles.com/what-is-a-barony-title/historical-and-legal-perspective/ |access-date=2024-06-19 |website=Barony Titles |language=en-GB}}</ref>

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".<ref>{{Cite web |date=2016-03-07 |title=Scottish Feudal Baronies, Scottish and Irish Titles, Titles, Forms Of Address, People of Influence {{!}} Debrett's |url=https://debretts.com/forms-address/titles/scottish-and-irish-titles/scottish-feudal-baronies |access-date=2024-06-19 |archive-url=https://web.archive.org/web/20160307205822/https://debretts.com/forms-address/titles/scottish-and-irish-titles/scottish-feudal-baronies |archive-date=2016-03-07 }}</ref> Barons were also generally expected or required to attend sessions of Parliament when summoned.<ref>{{Citation |last=young |first=John R. |title=The Nobility and the Scotish Parliament of 1648-1651 |date=2009 |work= |pages=241–258 |editor-last=Baury |editor-first=Roger |url=https://books.openedition.org/septentrion/41034 |access-date=2024-06-19 |series=Histoire et civilisations |place=Villeneuve d’Ascq |publisher=Presses universitaires du Septentrion |language=en |isbn=978-2-7574-2135-2 |editor2-last=Legay |editor2-first=Marie-Laure}}</ref>

~~=== Post-2004 ===~~

On November 28, 2004, the AFT Act 2000 came into effect, which preserved [[Baronage of Scotland|Scotland's Baronage]] and its heraldic rights. Under this act, barony titles were separated from the land to which they were originally attached and became personal titles. Consequently, they were no longer recorded in public land registers. However, barony titles could still be bought, sold, bequeathed in wills, or gifted during one's lifetime. Despite these changes, the conveyancing procedures required for establishing the validity of a barony title remained the same after November 28, 2004. Therefore, individuals still needed to engage a Scottish [[solicitor]] to facilitate the transfer of the title.<ref name=":0" />

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.<ref>{{Cite web |title=Conveyancing (Scotland) Act 1874 |url=https://vlex.co.uk/vid/conveyancing-scotland-act-1874-808491545 |access-date=2024-06-19 |website=vLex |language=en}}</ref>

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 [[Registers of Scotland#The General Register of Sasines|General Register of Sasines]] or the [[Registers of Scotland#The Land Register of Scotland|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 2000|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.<ref>{{Cite web |title=Scottish Barony Titles - the historical and legal perspective |url=https://baronytitles.com/what-is-a-barony-title/historical-and-legal-perspective/ |access-date=2024-06-19 |website=Barony Titles |language=en-GB}}</ref>

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 ==

The 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, [[Lords in the Baronage of Scotland|lordships]], and [[Earls in the Baronage of Scotland|earldoms]], particularly in relation to heraldic grants issued by the [[Lord Lyon King of Arms|Lord Lyon]].<ref>{{Cite web |title=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 |url=https://www.pdfsearch.io/document/Criminal+record/1vlYF-show/Note+issued+with+Warrant+for+Letters+Patent+from+Lord+Lyon+King+of+Arms+in+the+application+of++GEORGE+DAVID+MENKING#google_vignette |access-date=2024-06-19 |website=www.pdfsearch.io}}</ref> Unlike the [[Land registration (Scots law)|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.<ref>{{Cite web |last=Yellowlees |first=Michael |title=Scottish Barony Titles |url=https://www.lindsays.co.uk/assets/downloads/Rural-Scottish-Barony-Titles.pdf |website=Lindsay WS}}</ref>

As of January 2024, the Scottish Barony Register contains a total of 188 registered dignities, predominantly baronies.<ref>{{Cite web |date=2024-01-09 |title=Legal professionals unaware of Scottish Barony Register |url=https://www.scottishlegal.com/articles/legal-professionals-unaware-of-scottish-barony-register |access-date=2024-06-19 |website=Scottish Legal News |language=en}}</ref> 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 ==

* [[Baronage of Scotland]]

* [[National Feudal Register and Archive]]

== References ==

== External links ==

* [https://scottishbaronyregister.org/ Official website]

[[Category:Scots law]]

[[Category:Scots property law]]