Scotland's Feudal Barons have long played an important part in the nation's story, taking the leading role in such historic events as the Scots’ stirring “Declaration of Independence”; the document sent to Pope John XXII from Arbroath in 1320.
This letter in elegant medieval Latin, written during the long wars with England, sought papal recognition for Robert the Bruce as King of Scots. It has been described as “one of the masterpieces of political rhetoric of all time” and included such memorable lines as: "It is in truth and not for glory, nor riches, nor honours that we are fighting, but for liberty – for that alone, which no honest man gives up but with life itself."Thirty-eight barons and eight earls attached their seals to the document.
For centuries these feudal barons formed the backbone of the Scottish Parliament and upheld the King’s laws through their local courts. In Scotland the Peers were originally an Order of Earls, an 'estait' that grew out of the 'Seven Earls of Scotland' who were the Ri or provincial kings of Ancient Alban. As such, in parliament, they sat on the 'Benches of the Throne' of the Ard-Righ-Alban, the High King of Scots. (The Crown of Scotland was therefore 'Ane Imperiall Croun'. ) Initially the earls, like the barons derived their status directly from their territories.
Sir Thomas Innes of Learney in 'The Robes of the Feudal Baronage of Scotland" wrote "In 1326 there were no Lords - in either the Scottish or English sense of that word". However, in 1358 a new type of earldom was established when Sir William Douglas was created the first Earl of Douglas. This was - a personal honour without any territorial rights. This relatively cheap form of royal patronage was later extended with the introduction of 'Lords of Parliament'.
Baronies have been recognised by the Crown as land-holding titles for nearly 1000 years, but this link was broken by recent feudal reform in Scotland which has separated the dignity of barony from the ownership of land. Baronies are now treated in the same way as any other form of heritable property.
In Scotland a barony is an area of land which has been "of New United, Erected, Annexed, Creat and Incorporated ..... into an hail and free Barrony, to be called ... the Barrony of ....... by the Sovereign in terms of a crown charter or which has been confirmed by the Sovereign in “libera baronia”, a free-hold barony. This had the effect of erecting possibly dispersed lands into one united barony. “Erection is, when lands are not only united in one tenement, but are erected into the dignity of a barony; which comprehendeth lordship, earldom, &c. all which are but more noble titles of a barony, having the like feudal effects” . The lands could be dispersed and even be in different counties or sheriffdoms.In feudal classification a barony falls into the class of noble as opposed to ignoble feus. A barony therefore conferred on the holder the noble status of “baron". Whether the dignity was that of a barony or of the greater dignity of an earldom, the feudal effects were the same .
It was at the earliest a territorial dignity as distinct from the later personal peerage. Thus when one was divested of an estate the title of honour ceased . The grant was for the lifetime of the holder and could be forfeit if the holder incurred the Crown’s displeasure. The superior required loyal and competent support from his vassal. The Crown reserved the right to repossess the land and might do so if the heir in possession was a child or otherwise unable to provide the feu service or duty. The repossession by the Crown if the heir was a minor was only during minority, and restored on coming of age. Despite emphasis on the military nature of feudalism, an heir could negotiate to avoid the rigours of tenure by redeeming the conditions.
The creation of a barony included the grant of local power and responsibilities to the baron much of which was exercised via the Baron’s Court. Source: The Convention of the Baronage of Scotland