|
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 recognises a person possessing the dignity of baron under certain conditions, this being the status of a minor baron, recognized by the crown as noble, 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. ==History== ''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. A ''General Register of Sasines'' was set up by Statute in 1617, with entry in the Register giving the ''prescriptive'' right (right by normal or correct usage), after so many years, to the "caput" or essence of the Barony. The individual who owned the said piece of land containing the caput was hence the Baron or Baroness. Uncertainty over armorial right was removed by the ''Lyon Register'' being set up by Statute in 1672, such that no arms were to be borne in Scotland unless validly entered in Lyon Register. Up until 1874 each new Baron was confirmed in his Barony by the Crown by Charter of Confirmation. Up until 28 November 2004 a Barony was an estate of land held directly of the Crown, or the Prince and Great Steward of Scotland. It was an essential element of a barony title that there existed a Crown Charter erecting the land into a Barony, recorded in the Register of the Great Seal of Scotland. Often the original Charter was later lost, however an Official Extract has the same legal status as the original Charter. From the ''Treaty of Union of 1707'' - until 1999 - a unified Parliament of Great Britain (since January, 1801, known as the Parliament of the United Kingdom), 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 at Holyrood, the seat of the Scottish Parliament 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Barons in Scotland」の詳細全文を読む スポンサード リンク
|