Convention Logo
  The Convention of  

 The Baronage of Scotland 

crown




The Scottish Feudal Structure

The feudal concept of landholding structure was simple with the Crown as the ultimate feudal superior and owner of all the land. This land was divided into baronies and allocated as the crown saw fit. The baron, as vassal, would be liable for a feu service or duty. In the lowlands this was often calculated in a knights service, or mounted men at arms. It could, however, be for any payment or service, practical or whimsical, and ranged from a 40-oared galley to the blowing of a horn during a hunt! A baron could grant a sub-feu of his lands to his followers.

With the introduction of feudalism all ancient titles and privileges were apparently discarded and even the ancient righ (provincial kings) had to obtain new charters from the crown. For instance the Earl of Fife 'by the Grace of God' at that time the premier earl had a feudal grant of his earldom in 1136.

This landholding structure was an alien concept. At that time there were Kings of England, but Kings of Scots (Ard Rí) were Kings of the people, not the land. In England the superiority of the Crown ensured that feudal theory was matched by historical fact; in Scotland this was never the case.

The concept that all land was held of the crown was never fully accepted in Albany (the land north of the Forth-Clyde) and feudalism never replaced the old Celtic dynastic concepts to the same extent as it did in the South. The report of the Napier Commission in 1884 on the state of the Highlands comments in its opening paragraph on how widespread was the belief among the people that the land belonged to them and not to the landlords. The Highlands did not have the wealth to sustain knights, who were in any case not very effective fighting amongst the islands, mountains and forests of Albany.

However, King David swiftly spread his feudal system in the open lowlands where knights were virtually unbeatable. The only effective defence was a castle. Two hundred motte and bailey castles were built for the new Norman knights during the twelfth Century.


Feudal Justice

To administer these barons, and the country as a whole, three great offices of state were established. The Chancellor was principal officer and responsible for administration of the government and the law. The Chamberlain was responsible for finance, including taxation and the Constable was responsible for the King's peace.

To assist them were Justiciars who dealt administration, the supervision of sheriffs and with serious crime - the pleas of the Crown, fire-raising, robbery, murder and rape. These were powerful, almost vice-regal offices. Initially there was one for the North and one for the South but by Robert the Bruce's time there were five.

The sheriff had overall military, civil and criminal jurisdictions with the exception of pleas of the Crown for his appointed shire. For instance in 1292 , shortly after Argyll and the Isles were incorporated into Scotland at the Treaty of Perth, Argyll was created a shire. Alasdair of Argyll, Lord of Lorn, 4th Chief of McDougall and the representative of the old dynasty of Somerled was made sheriff.

To encourage trade David I also granted charters establishing burghs. Burghs were centres of administration and were granted trade privileges such as a market or fair. Burgh courts soon emerged dealing with civil and petty criminal matters.


The King's Council of the Seven earls

This council originates from the time of the Picts. The seven sons of Cruithne the Pict ruled as Mormaers in the original provinces or sub-kingdoms of Buchan, Mar, Angus, Atholl, Strathearn, Fife and Moray. These were the Righ from whom the Ard Righ or High King was appointed. These seven provinces became the original seven earldoms of Scotland.

It was their right and privilege to advise the Ard Righ. When the Scots of Dalriada 'joined' or 'conquered' the Picts to form the Kingdom of Albany this council increased but retained the same name. Eventually this council was superseded by Parliament and the Privy Council.



TOP