In Scotland, a baron or baroness is the head of a feudal barony, also known as a prescriptive barony. This used to be attached to a particular piece of land on which was situated the caput (Latin for "head") or essence of the barony, normally a building, such as a castle or manor house. Accordingly, the owner of the piece of land containing the caput was called a baron or baroness. According to Grant, there were around 350 identifiable local baronies in Scotland by the early fifteenth century and these could mostly be mapped against local parish boundaries. The term baron was in general use from the thirteenth century to describe what would have been known in England as a knight of the shire.^[1]

The 1896 edition of Green's Encyclopaedia of the Law of Scotland noted that "the mere territorial baron has no title of dignity appropriated to him".^[2] In the Encyclopaedia of the Laws of Scotland (1927), John Horne Stevenson stated that "a barony title did not itself confer any dignity upon the holder".^[3] The Court of the Lord Lyon issued a ruling in April 2015 that may recognise a person possessing a barony and other feudal titles (lordship/earl/marquis) on petition. The Lord Lyon King of Arms now prefers the approach of recognizing the particular feudal dignity as expressed in the Crown Charter that the petitioner presents.^[4] These titles are recognised as the status of a minor baron or baroness, but not a peer. Scottish feudal baronies may be passed to any person, of either sex, by inheritance or conveyance.^[5]

Scotland has a distinct legal system within the United Kingdom. Historically, in the Kingdom of Scotland, the Lord Lyon King of Arms, as the Sovereign's minister in matters armorial, is at once herald and judge. The Scottish equivalent of an English baron is a Lord of Parliament.

A "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, (feudal) Barons, Lairds, Esquire 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.

The first Scottish Executive was committed to abolishing the feudal system. On 28 November 2004, the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into full force and effect, putting an end to Scotland's feudal system. Under Scots law, a Scottish Prescriptive Barony by Tenure is now "incorporeal feudal heritage", not attached to the land and remains the only genuine, prescriptive, degree of title of UK nobility capable of being bought and sold – since under Section 63(1) of the Act, the dignity of baron is preserved after the abolition of the feudal system.^[6][7] However, the Abolition Act did end the ability to get feudal land privileges by inheriting or acquiring the caput (land or castle) in Scotland. In common law jurisdictions, land may still be owned and inherited through a barony if the land is titled in "the Baron of X" as baron rather than in the individual's name. In America, it passes with the barony as a fee simple appurtenance to an otherwise incorporeal hereditament, the barony being treated like a landowning corporation.^[8] In Scotland, the practice has not been tested in a Court of Session case since the Act.

One of the oldest baronies in Scotland, the Barony of the Bachuil, has not depended on land ownership for centuries; the barony passes along with the possession of a certain ancient stick, "The Bachuil Mór", which was once the bishop's staff of Saint Moluag in the year 562. Unlike all other barons in Scotland, the lawful possessor of the stick is the Baron of the Bachuil, regardless of landholdings.^[9]

On 28 November 2004 the Abolition of Feudal Tenure Act came into force in Scotland. Prior to the Act, Scottish feudal baronies (including lordships and earldoms) remained the only noble titles in the UK that were transferable following the sale of land containing a caput (i.e. feudal superiority). With the implementation of the Act, all Scottish titles of nobility became incorporeal heritable property meaning they existed but without any physical attributes (eg land ownership which is corporeal property).^[10][11]

Most baronies were created (erected) prior to 1745, but one was erected as late as 1824. Since the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into effect, the Lord Lyon, who is the Chief Herald of Scotland, has restored a more traditional form to the coat of arms of a baron. Barons are now identified by the helm befitting their degree. A new policy statement has been made by the Lord Lyon to this effect.

The holder of the dignity of a barony may petition the Lord Lyon for a grant of arms, as he falls under the jurisdiction of the Lyon's Court. A policy statement has been made to this effect by the Lord Lyon.^[4] The Lyon Court has no jurisdiction in relation to the assignation, or legal transfer of, feudal titles.

An English barony is a peerage (yet the Tenures Abolition Act 1660 allows for some remaining non-peer baronies not converted by writ to remain as feudal baronies of free socage "incorporeal hereditament" (article 10 of that act)), but whether Scottish barons rightfully rank as peers is disputable.^[12] They are known as minor barons currently treated as noble titles of less than peerage rank. The Scottish equivalent of an English baron is "Lord of Parliament".

The feudal baronial title tends to be used when a landed family is not in possession of any United Kingdom peerage title of higher rank, subsequently granted, or has been created a knight of the realm. The name recorded by the Lord Lyon as part of any grant of arms or matriculation becomes the holder's name for all official purposes.

The holder of a Scottish barony (e.g., "Inverglen") may add the title to their existing name (e.g., "John Smith, Baron of Inverglen" or "Jane Smith, Baroness of Inverglen") or add the territorial designation to their surname if still in possession of the caput ("John Smith of Inverglen, Baron of Inverglen" or "Jane Smith of Inverglen, Baroness of Inverglen"); some of the oldest Scottish families prefer to be styled by the territorial designation alone ("Smith of Inverglen").^[13][14][15] Formal and in writing, they are styled as The Much Honoured Baron/Baroness of Inverglen. A baron/baroness may be addressed socially as "Inverglen" or "Baron/Baroness" and introduced in the third person as "John Smith of Inverglen, Baron of Inverglen" or "The Baron of Inverglen" or "Jane Smith, Baroness of Inverglen" or "The Baroness of Inverglen". When referred to informally in the third person it is incorrect to refer to them as "Baron/Baroness Inverglen" or "Lord/Lady Inverglen", as these would imply a peerage title (i.e. Lord of Parliament)^[16]

In a heterosexual married couple, if the husband is the holder of the Barony, the wife receives a courtesy title. Therefore, they may be styled "The Baron and Baroness of Inverglen", "Inverglen and Madam Smith of Inverglen", "Inverglen and Lady of Inverglen", or "The Baron of Inverglen and Lady of Inverglen."^[13] The oldest son of a feudal baron/baroness may be known by the territorial designation with the addition of "yr" (abbreviation for "younger"), e.g. "John Smith of Inverglen, yr". The eldest daughter may be known as "Maid of Inverglen" at the end of her name, e.g. "Sandra Smith, Maid of Inverglen".

The husband of a Baroness is not afforded a courtesy title.

The United Kingdom policy of using titles on passports requires that the applicant provides evidence that the Lord Lyon has recognised a feudal barony, or the title is included in Burke's Peerage. If accepted (and if the applicant wishes to include the title), the correct form is for the applicant to include the territorial designation as part of their surname (Surname of territorial designation e.g. Smith of Inverglen). The Observation^[17] would then show the holder's full name, followed by their feudal title e.g. The holder is John Smith, Baron of Inverglen.^[18]

The former Lord Lyon declined to award the following baronial additaments to the arms of those feudal barons registering arms now that the Abolition of Feudal Tenure etc. (Scotland) Act 2000 is in force. However, the current Lord Lyon has confirmed in a recent policy statement that he will officially recognise feudal barons or those possessing the dignity of baron who meet certain conditions and will grant them arms with a helmet befitting their degree. Scottish Barons rank below Lords of Parliament; while noble, they are not conventionally considered peerage titles.

In showing that Scottish barons are titles of nobility, reference may be made, amongst others, to Lyon Court in the Petition of Maclean of Ardgour for a Birthbrieve by Interlocutor dated 26 February 1943 which "Finds and Declares that the Minor Barons of Scotland are, and have both in this Nobiliary Court, and in the Court of Session, been recognised as 'titled' nobility, and that the estait of the Baronage (The Barones Minores) is of the ancient Feudal Nobility of Scotland".

Sir Thomas Innes of Learney in his 'Scots Heraldry' (2nd Ed., p. 88, note 1) states that 'The Act 1672, cap 47, specially qualifies the degrees thus: Nobles (i.e. peers, the term being here used in a restricted seventeenth-century English sense), Barons (i.e. Lairds of baronial fiefs and their "heirs", who, even if fiefless, are equivalent to heads of Continental baronial houses) and Gentlemen (apparently all other armigers).' Baronets and knights are evidently classed as 'Gentlemen' here and are of a lower degree than Barons. The Scottish Head of Baronial Houses, includes all the various styles and titles which designate the territorial nobility i.e. baron of X.

Barons may also wear two eagle feathers when in traditional dress.^[19][20] If the baron is a member of a clan, it is advisable to consult the clan chief on clan customs and traditions. The Lord Lyon only gives guidance and not governance on the wearing of feathers and recommends consulting with a clan chief.

Below is a list of some Scottish feudal baronies created before 1707; this list does not include Scottish feudal baronies created between that year and 1838 (BGH), when the most recent creation of a Scottish feudal barony occurred. It is generally accepted that there were around 350 baronies in Scotland before 1707.^[1]

This list is incomplete; you can help by adding missing items. (January 2011)

When updating this list, please create for each new entry a separate, wikified article titled "Scottish feudal barony of X", which records a brief biography of the previous incumbent and is wikilinked to this list. Please do not simply delete the name of the previous incumbent. Individual articles should be produced for the history of each barony, except that where few or no verifiable and detailed sources exist, histories should start with the current or previous holder and may take the form of sections within existing articles on the caput's village, town, or castle.

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• Commissioner (Scottish Parliament)
• Laird
• List of extant baronetcies
• Feu
• Feudal earldom
• Scottish feudal lordship
• Lord of Parliament
• English feudal barony
• Irish feudal barony
• List of Marcher lordships (Welsh Marches)

• Lord Lyon's Armorial Ruling^[40]
• Law Reform Commission of Ireland
• Text of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
• Report on Abolition of the Feudal System^[41]
• The Register of Feudal Lords and Barons of The United Kingdom of Great Britain and Northern Ireland Archived 22 January 2022 at the Wayback Machine
• The Heraldry Society of Scotland
• The Court of the Lord Lyon
• College of Arms
• Registry of Scots Nobility – Baronage
• The Scottish Baronage Registry
• Burke's Peerage