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, Esquires 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.
Read more about this topic: Scottish Feudal Barony
Famous quotes containing the word history:
“What is most interesting and valuable in it, however, is not the materials for the history of Pontiac, or Braddock, or the Northwest, which it furnishes; not the annals of the country, but the natural facts, or perennials, which are ever without date. When out of history the truth shall be extracted, it will have shed its dates like withered leaves.”
—Henry David Thoreau (1817–1862)
“While the Republic has already acquired a history world-wide, America is still unsettled and unexplored. Like the English in New Holland, we live only on the shores of a continent even yet, and hardly know where the rivers come from which float our navy.”
—Henry David Thoreau (1817–1862)
“The myth of independence from the mother is abandoned in mid- life as women learn new routes around the mother—both the mother without and the mother within. A mid-life daughter may reengage with a mother or put new controls on care and set limits to love. But whatever she does, her child’s history is never finished.”
—Terri Apter (20th century)