Earls, Marquises and Dukes in the Baronage of Scotland

An Earl/Marquis/Duke in the Baronage of Scotland is an ancient title of nobility that is held en baroneum, which means that its holder, who is a earl/marquis/duke in the Baronage of Scotland, is also always a baron. The holder may or may not be a Lord of Regality, which meant that the holder was appointed by the Crown and had the power of "pit and gallows", meaning the power to authorise the death sentence.

A baronial earl/marquis/duke ranks above both a baron and a lord (being a baron of a higher degree) in the Baronage of Scotland, but below all ranks in the Peerage of Scotland. Earldoms, marquisates and dukedoms in the Baronage of Scotland are very rare.[2]

Since all baronage titles are based in Scots property law and not personal peerages, there are some instances when, for historic reasons, the baronage title happens to share the same name as an extant peerage title, but the current holder of the baronage title is different from the current holder of the peerage title of the same name. The two are not to be confused. Historically, they were held by one and the same person, but the baronage title may subsequently have been disponed according to Scots property law, whereas the peerage title always descends according to the destination in the letters patent of creation of the peerage and the rules of peerage law.

The last remnants of feudal tenure in Scotland were brought to an end by the Abolition of Feudal Tenure Act 2000 which came into force in 2004, with special provision for the dignity of baron and other titles becoming personal titles, preserved in law by the Scottish Parliament. After this date, it is incorrect to refer to titles used today as feudal titles, as feudalism in Scotland ended in 2004. The correct term for present day titles is baronage or baronial titles.[3]

Scottish titles, in order of precedence, are as follows: Duke, Marquis, Earl, Viscount, Lord, Baronet, Knight, Baron, Clan Chief, Esquire/Gentleman. Wallace states that "Lordships, Earldoms, Marquisates and Dukedoms differ only in name from Baronies" but continues "one whose property was erected into a Lordship ranked before a simple Baron" and "A person to whom an Earldom belonged, would be superior to a person who had no more than a lordship ... One, whose lands were incorporated into a Marquisate, was superior to both ... A man, who owned a fief elevated into a Dukedom, was exaulted above all three."[4] However, Lord Stair states that Lordships or Earldoms are "but more noble titles of a Barony".[5]

  1. ^ Ruling of the Court of the Lord Lyon (26 February 1943, Vol. IV, page 26): "With regard to the words 'untitled nobility' employed in certain recent birthbrieves in relation to the (Minor) Baronage of Scotland, Finds and Declares that the (Minor) Barons of Scotland are, and have been both in this nobiliary Court and in the Court of Session recognised as a 'titled nobility' and that the estait of the Baronage (i.e. Barones Minores) are of the ancient Feudal Nobility of Scotland".
  2. ^ "Feudal Baronies and Manorial Lordships" (PDF). baronage.co.uk. Archived (PDF) from the original on 7 September 2008. Retrieved 13 December 2009.
  3. ^ "Abolition of the feudal system". Law Society of Scotland. Retrieved 25 September 2024.
  4. ^ Ancient Peerages, 2nd Edition, Edinburgh, 1785, pp 127-130
  5. ^ Institutes, II.3.45