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Lord Lyon King of Arms VI. E FEUDAE BOBETH TH F O LS BABONAG F SCOTLANDO E . BY THOMAS INNES OP LEABNEY AND KINNAIRDY, F.S.A.ScoT., LORD LYON KIN ARMSF GO . Read October 27, 1945. The Baronage is an Order derived partly from the allodial system of territorial tribalis whicn mi patriarce hth h hel s countrydhi "under God", d partlan y froe latemth r feudal system—whic e shale wasw hse n li , Western Europe at any rate, itself a developed form of tribalism—in which the territory came to be held "of and under" the King (i.e. "head of the kindred") in an organised parental realm. The robes and insignia of the Baronage will be found to trace back to both these forms of tenure, which first require some examination from angle t usuallno s y co-ordinatedf i , the later insignia (not to add, the writer thinks, some of even the earlier understoode symbolsb o t e )ar . Feudalism has aptly been described as "the development, the extension organisatione th y sa y e Family",o familyth fma e oe th f on n r i upon,2o d an Scotlandrelationn i Land;e d th , an to fundamentall o s , tribaa y l country, wher e predominanth e t influences have consistently been Tribality and Inheritance,3 the feudal system was immensely popular, took root as a means of consolidating and preserving the earlier clannish institutions,4 e clan-systeth d an m itself was s modera , n historian recognisew no s t no , only closely intermingled with feudalism, but that clan-system was "feudal in the strictly historical sense".5 1 Stavanger Museums Aarshefle, 1016. 32 . ,p • F. F. Brentano, Old Regime in France, p. 5. CoultonG . G • , Scottish Abbeys Sociald an . 16 Life, . p • Inne f Learneyso , Tartans Clans e o th Familiesfd an . 36 o, f 25 Scotland, , 15 . pp . MurA 6 e Mackenzie, Scotland Modernn i Times,. 41 . p 112 PROCEEDINGS OF THE SOCIETY, 1944-45. Feudalism being the "organisation of the family", had in principle nothing "oppressive" abou antithesie e contraryth th s t n ito wa f ; o st i , the earlier slave-based social systems, and, whatever the original advantages disadvantaged an serfdomf so Scotlandn i , , which became perhap mose sth t perfectly feudalised countr Europen yi , serfdom expired sooner than else- where vanished an , abouy db t 1330.* Scottish Feudalism—"Family-feudalism"—wa n e i facsamsth t e popular system as that of ninth to twelfth century France, and preserved its popularity simply because it retained the clan/family aspect under which "the feudal baro chefs nwa de famille" relation i e occupant th o nt s 2 neved s fief,oan hi f r evolve da "caste-distinction " which played havoc wit3 h the popularity of feudalism on the Continent. On these grounds "becausd an , organisation a s ea t naccordei welo ds l with the national temperament, feudalism survived as a living force in Scotland, when it had become a worn-out institution in other lands". Indeed, as Professor Bell, the Scottish jurist of last century observes4 : wely "Inoticee b lma t t withoudno senssama e t th wonderf t eo a d an , time of gratification, that the system formerly so well adapted to times of wad internaan r l commotio perfectlo s n e shoulb yw suitedno o timedt s of peace and security," 5 whilst Professor Hume Brown points out that n Scotlandi , unde s systeit r f governmentmo , though there were many petty disturbances (the ebullition of local independence of character), Scottish history is a record of progress uninterrupted by any major breaks such as have occurred in England and elsewhere.6 In these circumstances, amongst the institutions which have survived in the tribal structure of Scotland, is the ancient Baronage of Scotland, of who s firsmit t historian r RoberSi , t Dougla f Glenbervieo s , observes: "There is no nation in Europe where the Gentry, or lesser Barons and Freeholders, enjoyed so much liberty, or had such extensive privileges as those of Scotland." It is with these barons and not with the Peerage that the Baronages7 of the Continent always have been, and fall to be, equated.8 1 Cosmo Innes, Scottish Legal Antiquities, p. 159. recentls wa t I y elicite expern di t evidence (cross) that "Cla Famild nan y mean exactl same yth e thin2g ", vide, Tartans of the Clans Families,d an 1945 . 50,p ; Notes Queries,d an 15th August 1942, vol. 182, p. 94; Earl of Crawford, Lives of the Lindsays, vol. i. pp. 117—119. 3 Old Regime in France, pp. 6, 73. Scott puts into the mouth of the "Baron of Bradwardine " the same doctrine—tha Baroe locoth tn i s ni parentis alo t l inhabitant baronys hi f so . 4 I. P. 'Grant, Social and Economic Development in Scotland, pp. 52 and 198. 5 Bell's Lectures on Conveyancing, 3rd ed., p. 576. Bell, like others of his time, pictured feudalism as a "military" system, whereas it is now recognised that it was primarily a familial and economic one; and that its buildings, garments, and ceremonial are essentially related to that aspect—the daily greaa liff o e t family household. Hume Brown, History of Scotland, vol. i. p. 150. 6 Douglas, Baronage of Scotland,. 1 . p 87 Woodward, Heraldry, British and Foreign, p. 12. THE ROBES OF THE FEUDAL BARONAGE OF SCOTLAND. 113 That a feudal barony confers what is termed a "title", the erection in liberam baroniam as a temporal fief, of the estates of the Bishopric of Moray, provide n exampla s n explicii e t terms. This Crown charter, 6th May 1590, erecting the free barony of Spynie constituted a Titulum, Honorem, Ordinem Statumet liberi Baronis . qui . nunc imperpetuumet Barones de Spynie nuncupabuntur.1 This "title, honour, and rank of a free baron" was, however, held by Lord Mansfield and the Committee for peerage,a Privilegee b t o tha t e chartebu t th t no s r relate o "mereldt n ya ordinary fief"; indee claimantse dth ' counsel also "giv t upei relatins "a g to the peerage. This latter, the Honour of "ane frie lorde of parliament to be intitulat 2 Lordis of Spynie" was indeed not created until three years later and by a subsequent charter of 17th April 1593.3 Not only ex terminis, but by resolution of the Committee for Privileges, admissiod an Claimante th f no , this Crow 159y n 0charteMa explicitlh 6t f ro y demonstrates that erectio fiea liberam n i f f o n baroniam confer a "titles , honour, order, and estate" of free-barony. The grantee and the heirs are entitle stylee b o dt d "Baron Spynie"f so , wherea subsequene sth t peerage —gran f 1593—createo t ddignita y "intitulat" Lord Spynie, agreeablo yt Sir George Mackenzie's distinction between "Lords "Barons"d "an , which seee those lastw ar , s ea , referre Lyoe suchs a th o n dt i , Court Act, 1672, c. 47.4 The precedence of the Baronage was defined in the Nova Scotia Baronetcy Patents, wherein the Baronets were placed before "omnes milites auratot prae . e. somnibu s baronibu e Lairdisli s , armigerie li s Esquyris t generosie , s quibuscunqu gentelmene eli " (see Douglas' Baronage, "Baronetse pth . 11)d an , , Knights Baronsd ,an " were grouped togethen ri sectiod e firs3r th tf e no volumth f Lyoo e n Register. Their precedence was thus after Knight beford san e Esquires. n examininI e ceremoniath g l robe f thio s s Feudal Baronags i t i e necessary to consider the order, both in relation to the baronial fief and in relation to the King and Great Council; i.e. the internal economy and the external relationship f "tho s e Baron" s Hereditara , y Representen a f o r organised community. 1 Great Seal, vol. v. No. 1727. 2 J. Riddell, Peerage Law, p. 635. 3 A.P.8., vol. iv. p. 20; R.M.S., vol. v. No. 2280. Riddell, at p. 655, failed to see the distinction between the feudal barony of Spynie of 6th May 1590 and the "dignity of a frie Lorde and Baron" conferred by the Cardross charter, 10th June 1610, R.M.S., vol. vii. No. 1301, which last equates with the Spynie peerage erectio witt baroniae no f 159h nth o d 3an l erectio 1590f no . 4 Dr Woodward observes: "A British gentleman of coat-armour is usually at least the equal, and in nine cases out of ten the social superior, of the Counts and Barons whom he meets with at home or abroad, even if they happen to be the heads of their families, and not (as much more frequently) cadets mor lesr eo s carefuremotee ar o retaio t l wh , n their courtes coronete th yf o titl e "e us (Heraldry,an e dth British Foreign,d an . 15)p . coursef Tha o Scotsmae , th is tf i , himsele nb f "of baronial , race"is t I . however, the case that the numerous continental "Barons" and "Counts", have not been so created as personal dignities, but that they are of feudal origin, and represent the projection, often long after simpla flefe f losth o , f seo feudal land-barony, exactly simila mane th o yrt existent fiefs hel liberamn di baroniam throughout Scotland. Towards the close of this paper I shall, moreover, demonstrate the widesprea title th e f Barono e d us Scotland n i , especially aroun Highlanfringe e dth th f eo d Line.
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