Re: Scottish Feudal Baronies - the legal issue




topkl...@xxxxxxxxxxxxxxx wrote:
He should continue "as
before", except that something other than the Register of Sasines must
be used to shew "transfers" and heirship.


Ok, if it MUST be created why Lyon do not like to create a Register?
Do Lyon obliged to do it? Who will convinced him to do so? Court of
Session? House of Lords? I think nobody, like nobody may convinced him
to grant the additaments to purchaser of erroneously created post-AD
'floating dignity', becoue the additaments were the pertinent of a
feudal signor (now all formers who were granted already) who held a
feudal barony. All shuch armorial acts Lyon do on his ministerial
discretion, acting on behalf of the Crown as ultimate authirity to
exercise a Royal Prerogative Jure Honorum.

The additaments were never a 'privilege' attached to a 'dignity of
baron' , but it was ( if granted) a privilege of physical persons -
feudal barons (and their heirs, as provided by the Letters Patents),
it was an invention that Lyon made on behalf of the Crown, by his
power to create Laws of Arms. For example Charles II conferred the
armorial right upon Barons ( Lords) to use a coronet in their
parliamentary capacity, and the recent Act (which removed majority of
hereditary peers from their places and deprived their vote in
Parliament) did not abrogate the right of present Peers ( no longer
parliamentary members) and their heirs to use their coronets. Similar
situation with Scottish minor barons, but it is nothing to do with
acquirers of post-AD created "floating dignities'.

By the other hand, for example, do ''floating dignity' consist a
nobility as a 'privilege'? Of course no, since the state of minor
nobility of Scotland by 'feudal ennoblement' was an traditional
pertinent of a physical person who is (now was) a holder of feudal
barony (by traditional provision of feudal stairs), and not a
pertinent of a 'dignity of baron' itself. The last one(a' dignity of
baron') was another part of pertinent of a holder of a feudal barony.
The same with additaments.





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