Prescriptive Barony

In Scotland, a Baron is the head of a "feudal" barony (also known as prescriptive barony). This used to be attached to a particular piece of land on which was the "caput" (Latin meaning 'head'), or the essence of the barony, normally a building, such as a castle or manor house. Accordingly, the owner of the piece of land containing the "caput" was the Baron or Baroness.

The Court of the Lord Lyon issued a new ruling April 2015 that recognises a person possessing the dignity of baron and other feudal titles (Lordship/Earl/Marquis). Lord Lyon now prefers the approach of recognizing the particular feudal noble dignity as expressed in the Crown Charter that the petitioner presents. These titles are recognised as the status of a minor baron but not a peer. Scottish feudal baronies may be passed to any person, of either sex, by inheritance or conveyance. Scotland has a 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.

The Scottish equivalent of an English baron is a Lord of Parliament.

Scottish Prescriptive Barony by Tenure was, from 1660 until 2004, the feudal description of the only genuine degree of title of UK nobility capable of being bought and sold (along with the Caput, or property), rather than passing strictly by blood inheritance.

Statutes of 1592 and the Baronetcy Warrants of King Charles I show the non-peerage Table of Precedence as: Baronets, Knights, Barons and Lairds, Esquire and Gentlemen.

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