Re: Scottish Feudal Baronies - the legal issue

The real legal issue with Lord Lyon is whether he is mis-using the AFT
Act for a purpose never intended. The clearly stated purpose was to
get rid of feudal superiorities (and their jurisdictions) which were
burdening lands in Scotland. They were a nuisance to maintain and
enforce. On the practical side, the superiorities were replaced by
recorded easements and "real burdens" on adjoining and nearby lands.
On the baronial dignity, title and legal rights side, everything else
was to be "retained". (Everything other than feudal superiorities and
jurisdictions, which were abolished.)

It was the specific intent of the Act NOT to harm the barons/earls
beyond the necessary loss of their superiorities. Every "quality" and
"privilege" and "dignity" is to continue as before, but the baronies
are to be "transferable" now as "incorporeal hereditaments. The Act
does not specify how these hereditaments are to be transferred.

There was no licence or intent in there for Lord Lyon to harm or in
any way downgrade the feudal baronies and earldoms of Scotland. The
Act says the opposite. His doing so, whether for reasons of his own
administrative convenience or some species of bloodline snobbery,
violate the recorded intention of the Act. He should continue "as
before", except that something other than the Register of Sasines must
be used to shew "transfers" and heirship. Refusing to continue
baronial heraldic additaments, as a policy, is obviously the opposite
of what the Act intended. The most he should be allowed to do (by the
courts of appeal) is to turn red chapeaus (perhaps ALL red chapeaus)
from red to blue, (blue means "no longer in possession") if he has no
will to preserve the red. (But even that might be prohibited by
definition (4) of the Act since the red is arguably a "quality" of an
"associated dignity" of barony.)

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Relevant Pages

  • Re: No arms for Scottish baronial dignity
    ... not only not intended by the 2000 Act but is unlawful under the Human ... European Convention on Human Rights. ... fact has petitioned for arms (It seems far fetched that this was ever ... Lord Lyon could exercise his discretion to grant arms then the ...
    (rec.heraldry)
  • Re: No arms for Scottish baronial dignity
    ... not only not intended by the 2000 Act but is unlawful under the Human ... European Convention on Human Rights. ... Scottish arms or do something that would require him to use his arms ... Lord Lyon could exercise his discretion to grant arms then the ...
    (rec.heraldry)
  • Re: No arms for Scottish baronial dignity
    ... The Lord Lyon concludes that the petitioner does not fall within his ... exercise his discretion to gant the petioner arms - BUT THE LORD LYON ... not only not intended by the 2000 Act but is unlawful under the Human ...
    (rec.heraldry)