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A Thousand Years of Heritage · In Eight Chapters

History of the Scottish Baronage

The barons and their rights, in the words of the record.

Chapter I · From the 1100s

Held of the Crown

The baron held both the dignity of the title and the legal authority over his lands, often possessing the right of “pit and gallows” — the power of life and death.

“With us all are called Barons who hold their Lands of the King in libera baronia, and who have Power of Pit and Gallows”
Sir George Mackenzie, Lord Advocate · 1680

Chapter II · 1320

Defenders of Scottish sovereignty

The Declaration of Arbroath was sealed by eight earls and about forty barons.

“It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom alone”
Declaration of Arbroath · 6 April 1320

Chapter III · 1428 – 1587

The duty lifted, the right kept

Barons were members of Parliament, bound to attend on pain of fines. From 1587 two commissioners a shire “shall relieve” the rest, who were “by no express Law discharged to come”.

“the small barons and freeholders need not come to parliaments”
Parliament of Scotland · 1428

Chapter IV · 1540

Named among the noblemen

In 1592 Parliament wrote again of “the nobility, earls, lords and barons”.

“every noble man, such as an earl, lord, knight and baron”
Parliament of Scotland · 1540

Chapter V · 1560 – 1567

A vote, by right

In 1560 the barons petitioned: “we ought to be heard, to reason and to vote”. In 1567 Parliament declared it.

“the barons of this realm ought to have vote in parliament as a part of the nobility”
Parliament of Scotland · 1567

Chapter VI · 1707

A protest for the barons

As the Union was voted, George Lockhart of Carnwath protested that nothing in the treaty

“shall prejudice the barons of this kingdom from their full representation in parliament as now by law established, nor in any of their privileges”
Parliament of Scotland · 7 January 1707

Chapter VII · 1746

The baron keeps his court

The great heritable jurisdictions were abolished. The baron court remained, for small debts and smaller crimes:

“a fine not exceeding twenty shillings sterling, or by setting the delinquent in the stocks, for any time not exceeding three hours, in the day-time”
Heritable Jurisdictions Act · 1746 · s. 17

Chapter VIII · 2004 — Present

A personal dignity

Feudal tenure ended on 28 November 2004. The dignity did not.

“nothing in this Act affects the dignity of baron”
Abolition of Feudal Tenure etc. (Scotland) Act 2000 · s. 63
Today, baron is a protected dignity in Scots law.

A Scottish barony is now an incorporeal heritable dignity, independent of any land. Its holder is a minor baron: a titled noble below the peerage and above the rank of gentleman.

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Honour the heritage

Explore the correct forms of address for a Scottish Baron, or verify a title on the Roll.

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