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After 28 November 2004 under Scots Law , a Scottish Barony that was a ''Scottish Prescriptive Barony by Tenure'' is now ''incorporeal feudal heritage'', not attached to the land and remains the only genuine, ''prescriptive'', degree of title of UK nobility capable of being bought and sold. The legal "trade" in these titles may be subject to change, however, and independent Scots Legal advice should always be taken before entering into any contract. Statutes of , Knights , Barons and Lairds, Esquires and Gentlemen . THE NOBILITY BUSINESS The ultimate Executive accoutrement is to acquire a Noble title, a luxury business that dates back to 17th Century England. Seeking Revenue to pay soldiers to fight in Ireland, King James I of England – and James VI of Scotland - created Baronet titles, and sold them off. Individuals wishing to acquire such titles may have many reasons for doing so. These can range from those with Scottish familial links that wish to cement their ties with a particular region, to those who find them useful for business and social purposes. Unlike the English system of hereditary peerages, Scottish feudal baronies may be passed to any person, either by sale or inheritance. Most titles in the modern trade come from impoverished nobles wanting to raise cash. Legitimate titles come from families that usually have several noble titles attached to their name, and so they sell the titles no longer used or wanted. LEGAL STATUS Scotland The Scots have a quite 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 is at once Herald and Judge . Up until 28th November 2004 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 was an essential element of a barony title that there existed a Crown Charter of the barony. Crown Charters are recorded in the Register of the Great Seal of Scotland. Often the original Charter was later lost but 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. In the 17th Century two important statutes were passed. The first set up a ''General Register of Sasines'', and said that all landowning should be registered in it, and that an entry in the Sasine Register would give ''prescriptive'' right, after so many years, to the "caput", or the essence of the barony. Accordingly, the individual - irrespective of sex, who owned the said piece of land containing the caput was the Baron or Baroness. The second statute setup the ''Lyon Register'' in 1672 and said that no arms were to be borne in Scotland unless validly entered in Lyon Register. This removed uncertainty about armorial rights. From the '' Treaty Of Union of 1707 '' - until 1999 - a unified Parliament , at Westminster , was responsible for passing legislation affecting private law both north and south of the Scottish Border . In 1999 the Devolved Scottish Parliament was established, and Private law measures can now be passed in Edinburgh . Using a ''prescriptive feudal grant'' allowed developers to impose Perpetual conditions affecting the land. The Courts became willing to accept the validity of such obligations, which became known as ''real burdens''. In practical and commercial terms, these real burdens were like English Leasehold tenure. The first Scottish Executive was committed to abolishing the Anachronism of the feudal system.On 28th November 2004 Scotland's feudal system came to an end. On that day the ''Abolition of Feudal Tenure etc. (Scotland) Act 2000'' came into full force and effect. Section 63(1) of the Act, preserves the dignity of Baron and the heraldic rights of barons. The abolition of the feudal system, then, has had no adverse effect on barony titles themselves, but the titles are now ''feudal heritage'', that are, ''incorporeal hereditament, and not attached to the land''. The transfer of the title must be agreed by the Lord Lyon - the Crown’s officer responsible for Scottish noble and peerage titles, and Heraldry . The beneficiary must be ''armigerous'', that is, entitled to arms - or be prepared to petition the Lord Lyon for a grant of arms. The prospective purchaser of a Scottish barony should seek specialist Scots legal advice. England ''The Honours (Prevention of Abuses) Act, 1925'' prohibites the sale of House of Lords Peerages and of Knighthoods. Until 1290 , in Medieval England , there was a class of ''Feudal Barony by Tenure''. The English ''Quia Emptores'' Statute of ''1290'', prohibited land from being the subject of a feudal grant, and allowed it to be transferred without the feudal Overlord 's permission. ''The Tenures Abolition Act 1660 '' converted any baronies by tenure into ''Baronies by Writ''. The English ''Fitzwalter case'' in 1670 ruled that barony by tenure had been discontinued for many years and were ''not to be revived, nor any right of succession based on them''. In the ''Berkeley Case'' in 1861 , an attempt was made to claim a barony by tenure, but the House Of Lords ruled that whatever might have been the case in the past, ''baronies by tenure no longer existed'', and confirmed the Tenures Abolition Act 1660. There are also three ''Redesdale Committee Reports'' in the early 19th Century that reach the same conclusion. USAGE The barony is not a peerage, and the equivalent Scottish term for an English barony peerage is " Lord Of Parliament ". An English barony ''is'' a peerage, a Scottish barony ''is not'', but is a noble title of less than peerage rank. The feudal barony titles tend to be used when landed families are not in possession of titles of higher rank. Many heads of landed families have subsequently been granted UK peerage titles, or have been created knights of the Realm . The owner of the Scottish barony "Inverglen", may decide to continue to use his existing name, "John Smith", and add the title, to become "John Smith, Baron of Inverglen" and be addressed as "Inverglen". He may take the territorial (or ''laird's'') designation as part of his surname, to become "John Smith of Inverglen, Baron of Inverglen". The name recorded by the Lord Lyon as part of a grant of arms or matriculation becomes the holder’s name for all official purposes. A married couple become: "The Baron and Baroness of Inverglen"; "Inverglen and Lady Inverglen", or "The Baron and Lady Inverglen". It is helpful when the barony holder's preferred style is printed at the letter head or on a correspondence card. In the most formal situations, a Scottish baron and baroness may be styled as ''The Much Honoured''. SCOTTISH HERALDRY Chapeau When new arms are granted, or a matriculation of existing arms takes note of a barony, the owner will be given a ''chapeau'' or cap of maintenance as part of his armorial achievement. This is described as "gules doubled ermine" for barons in possession of the caput of the barony. An azure chapeau is appropriate for the heirs of ancient baronial families who are no longer owners of the estates. At the Treaty of Perth 1266, Norway relinquished its claim to the Hebrides and Man and they became part of Scotland. In 1292 Argyll was created a shire and “The Barons of all Argyll and the Foreigners’ Isles”, which had preceded the kingdom of Scotland, became eligible to attend the "Scots" Parliament – appearing in the record of the parliament at St. Andrews in 1309. Historically they have a chapeau, "gules doubled ermines", ermines being white tails on black. The chapeau is placed into the space directly above the shield and below the helmet, and may otherwise be used on a visiting card, the flap of an envelope or to ensign the circlet of a crest badge as used on a bonnet. Feudo-baronial Mantle Particularly Scottish in character is the ''Feudo-baronial Mantle'' or robe of estate - described as gules doubled silk argent, fur-edged of miniver and collared in ermine fastened on the right shoulder by five spherical buttons or. This may be displayed in a pavilioned form, draped behind the complete achievement of arms - or the armorial ''shield'' alone - tied open with cords and tassels and surmounted by the chapeau. Helmet The ''helmet'' is shown as either a feudal steel tilting helm garnished in gold, that may be shown affronté, or occasionally, a steel helm garnished in gold with one or three grilles. Supporters ''Supporters'', are now usually reserved for the holders of the older baronies (chartered before 1587) and those which have been in continuous family ownership. In England, supporters are reserved for the peerage, and if a Scottish baron approaches the English College Of Arms , he will not be allowed supporters. A ''compartment'' has occasionally been granted to barons, representing their territories, even in cases where there are no supporters. Badge and Ensign A ''badge'' – distinct from the ''crest'' – as a separate armorial device, is not necessarily a feature of the arms. The badge may be used by the "tail" or following of a landowner baron. The grant is linked to the baron’s ''pennon'', a heraldic flag, in the Livery colours that carries a large representation of the badge. The pennon is blazoned in the grant or matriculation. The livery colours are usually the two most prominent colours of the arms themselves. An ''ensign'' may be occasionally be granted and blazoned. This is a square flag, smaller than the flying banner, and carrying the full embroidered achievement (arms, crest, motto), again fringed in livery colours. EXTERNAL LINKS
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