HEAR ye, hear ye. The opportunity to become a baron is nigh, but it
will cost the layman more than a few pieces of silver. It could be the
passport to a seat in any future Scottish parliament and an opportunity
for elevation to a Judge in one's own court.
The Scottish Barony of Ruchlaw, East Lothian, is to be sold at auction
in London on Monday and is expected to fetch more than #100,000 with
interest coming from as far afield as Australia and Hong Kong.
The barony with approximately half an acre of land (the caput of this
barony) is unique in the titles that have been offered. As far as can be
ascertained, it is the first auction of a Scottish barony.
All Scottish barons formerly sat in the Edinburgh Parliament until the
1590s when, in return for giving up their seats in the councils of the
northern realm, their baronies -- based on land -- were recognised as
noble fiefs.
The successful purchaser of Ruchlaw will have to apply to the Lord
Lyon in Edinburgh for a ''matriculation'' of baronial arms and Crown
recognition.
According to the auctioneers, Manorial Property Ltd, there are
approximately 50 Scottish barons currently having grants of baronial
arms and Crown recognition from the Lyon Court in Edinburgh.
There are also more than 100 members of the Convention of the Baronage
of Scotland, including those with and without formal grants of baronial
arms. Many of these ancient titles have remained in the same family for
900 years.
Mr Robert Smith, chairman of the Manorial Society of Great Britain,
said yesterday: ''I would certainly expect the barony to go for well
over #100,000. It is only by the purchase of a Scottish feudal barony
that one can acquire a hereditary title of nobility in the United
Kingdom of Great Britain and Northern Ireland other than by inheritance
or by being so created by the Queen.
''The sale of the Barony of Ruchlaw is of profound importance and an
extremely rare event in the modern history of heraldry and nobility. The
purchaser of the barony will become a member of a hereditary and feudal
aristocracy that has a history of more than 1000 years and will possess
a title of named nobility.''
A previous owner of Ruchlaw, Ronald Macduff Urquhart of Ruchlaw, Baron
of Ruchlaw, matriculated Arms with the Chapeau of a Feudal Baron of
Scotland at the Lyon Court in Edinburgh on September 17, 1976.
Mr Smith said: ''In the modern United Kingdom Parliament, only the
Lords of Parliament take a seat in the House of Lords. However, Scottish
feudal barons were members of the Scottish Parliament and may once again
take their place in such a parliament if a future Government
re-establishes that body as a regional assembly.
''The title of baron normally descends to the eldest son, but lacking
sons to the eldest daughter. The feudal nature of the barony allows its
title to be sold to a new owner and a new set of heirs. A baroness in
her own right legally communicates her title to her husband. He acquires
the title of baron, by the 'Courtesy of Scotland,' while she remains a
baroness.''
The caput is the legal headquarters and the principal messuage of the
barony. It is the place where the baron holds his barony court.
The Scottish feudal baron has a legal jurisdiction under Scottish law
and is a Judge of his own Court of Public Justice within his barony.
Before 1747 this included the ''powers of pit and gallows''. That was
the right to impose sentences of imprisonment for up to life in his pit
(dungeon or prison) and the power to execute someone by hanging from the
baronial gallows.
Mr Smith said: ''After the passing of the Heritable Jurisdictions Act
of 1747, the baronial jurisdiction was limited to imposing fines in
criminal law for batteries, assaults, and other lesser crimes and to
judgment not exceeding 40 shillings for debt or damages under civil law.
''While this legal jurisdiction still remains, it is largely
considered an unused right in modern day Scotland.''
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