{"id":323,"date":"2023-11-10T18:26:47","date_gmt":"2023-11-10T17:26:47","guid":{"rendered":"https:\/\/www.cartsburn.com\/?p=323"},"modified":"2023-12-06T12:33:47","modified_gmt":"2023-12-06T11:33:47","slug":"note-relating-to-the-baronies-court-of-the-lord-lyon","status":"publish","type":"post","link":"https:\/\/www.cartsburn.com\/index.php\/2023\/11\/10\/note-relating-to-the-baronies-court-of-the-lord-lyon\/","title":{"rendered":"Note relating to the baronies – Court of the Lord Lyon"},"content":{"rendered":"\t\t
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http:\/\/www.lyon-court.com\/lordlyon\/596.html<\/a><\/p>\n

The following Note was attached to a Warrant issued by the Lord Lyon King of Arms of date 1 December 2009 granting Armorial Bearings to Mark Paul Lindley-Highfield of Ballumbie Castle, Baron of Cartsburn:

NOTE:

In his Note dated 15th May 2006 refusing the Petition of Margaret Hamilton of Rockhall, Baroness of Lag, as regards the appropriate form of baronial additaments, Lord Lyon Blair also considered what evidential value might attach to an entry in the private and unofficial \u201cScottish Barony Register\u201d which had been established as a means of recording the transfer of quondam feudal baronies following the coming into force on 28th November 2004 (\u201cthe appointed day\u201d) of the Abolition of Feudal Tenure etc (Scotland) Act 2000. \u00a0Section 63 of that Act dissociates such baronies from both jurisdiction and land. \u00a0The Act, however, preserves the dignity of baron, but enacts that after the appointed day any such dignity shall be transferable only as incorporeal heritable property. \u00a0Lyon Blair indicated that he was not disposed to accept an entry in this private register as proof that a Petitioner was entitled to the dignity of baron. \u00a0He noted the difficulty in regard to verifying both the existence and the ownership of a barony since the appointed day given the lack of an official public register. \u00a0The Scottish Barony Register was a private register with no statutory basis which offered no guarantee of the validity of any claim and was not covered by any government indemnity providing protection from error or fraud. \u00a0It had been established as a company limited by guarantee, one of the directors being Mr Brian Hamilton who was well-known as being active in the purchase and sale of baronies. \u00a0Lyon Blair was also critical of some of the terms and conditions attached to registration. \u00a0He concluded, \u201cI do not consider that a private Register, managed by a person appointed by a private company with no public scrutiny, and operated under terms which allow complete discretion as to what evidence is to be provided, is an acceptable source of evidence in an application before the Court of the Lord Lyon.\u201d \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0
Lyon Blair\u2019s ruling in that Petition was subsequently subject to judicial review. \u00a0When the review reached court, the parties were able to agree a statement as regards the appropriate form of baronial additaments, to which the Court interponed authority. \u00a0That agreement, however, did not include consideration of the evidential value of the Scottish Baronial Register. \u00a0Accordingly Lyon Blair\u2019s comments on this still stand. \u00a0I am persuaded that there is considerable force in Lyon Blair\u2019s reasoning and am not prepared to accept an entry in the Scottish Baronial Register as being, in itself, sufficient proof of ownership of the barony in question. \u00a0I appreciate, however, the unsatisfactory nature of the present position in relation to baronies and the need to explore further options. \u00a0In the meantime I am persuaded that I can regard the present Custodian of the private register, Mr. Alistair Rennie, as a man of skill, and am prepared to take his approval as Custodian of the registration of the ownership of a particular barony, as evidenced by the company registration stamp, coupled with a confirmatory statement to Lyon Office from Mr. Rennie himself, as being, in principle and for aught yet seen, sufficient proof of the existence and ownership of the barony in question. \u00a0It is on this basis that I have determined that the Petitioner is entitled to the dignity of baron of Cartsburn for aught yet seen. \u00a0\u00a0\u00a0<\/p>\n\n

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(signed) \u00a0\u00a0\u00a0\u00a0David Sellar
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Lyon<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

http:\/\/www.lyon-court.com\/lordlyon\/596.html The following Note was attached to a Warrant issued by the Lord Lyon King of Arms of date 1 December 2009 granting Armorial Bearings to Mark Paul Lindley-Highfield of Ballumbie Castle, Baron of Cartsburn: NOTE: In his Note dated 15th May 2006 refusing the Petition of Margaret Hamilton of Rockhall, Baroness of Lag, as […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-323","post","type-post","status-publish","format-standard","hentry","category-hisotry","post-preview"],"_links":{"self":[{"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/posts\/323","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/comments?post=323"}],"version-history":[{"count":4,"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/posts\/323\/revisions"}],"predecessor-version":[{"id":444,"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/posts\/323\/revisions\/444"}],"wp:attachment":[{"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/media?parent=323"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/categories?post=323"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cartsburn.com\/index.php\/wp-json\/wp\/v2\/tags?post=323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}