Laird

A Laird ( /ˈlɛərd/ layrd) is a member of the gentry and is a heritable title in Scotland. In the non-peerage table of precedence, a Laird ranks below a Baron and above an Esquire.

Contents

Etymology

The word Laird, known to have been used as far back as the 15th century and further, is a shortened form of 'laverd', which is an old Scottish word that comes from an Anglo-Saxon term meaning Lord. It also originated from the Middle English word 'lard' also meaning Lord.

History and definition

A Laird is a member of the gentry; historically Lairds rank below a Baron and above an Esquire in the non-peerage table of precedence in the Statutes of 1592 and the Baronetcy Warrants of King Charles I. The title is granted to the owner of a substantial and distinctive landed estate in Scotland, not part of a village or town and that lies outwith a burgh.

In the 15/16th century the title was used for land owners holding directly of the crown, and therefore were entitled to attend parliament. Lairds reigned over their estates like princes, their castles forming a small court. Originally in the 16th and 17th centuries the title was applied to the head chief of a highland clan and therefore was not personal property and had obligations towards the community.[1] The title of Laird may carry certain local or feudal rights. A Lairdship carried voting rights in the ancient pre-Union Parliament of Scotland, although such voting rights were expressed via two representatives from each county who were known as Commissioners of the Shires, who came from the Laird class and were chosen by their peers to represent them. A certain level of landownership was a necessary qualification (40 shillings of old extent). A Laird is said to hold a Lairdship. A woman who holds a Lairdship in her own right is styled with the honorific Lady.

Though translated as Lord and signifying the same, Laird is not a title of nobility. The 'title' of Laird is a 'corporeal hereditament' (an inheritable property that has an explicit tie to the physical land), i.e. the title can not be held in gross, and cannot be bought and sold without selling the physical land. The title does not entitle the owner to sit in the House of Lords and is the Scottish equivalent to an English squire or Lord of the Manor in that it is not a noble title, more a courtesy title meaning landowner with no other rights assigned to it. However, a Laird possessing a Coat of Arms registered in the Public Register of All Arms and Bearings in Scotland is a member of Scotland's minor nobility. Such an individual can be recognised as a Laird, if not a Chief or Chieftain, or descendant of one of these, by the formal recognition of a territorial designation as a part of their name by the Lord Lyon.[2] [3] The Lord Lyon is the ultimate arbiter as to determining entitlement to a territorial designation, and his right of discretion in recognising these, and their status as a name, dignity or title, have been confirmed in the Scottish courts.[4]

Several websites, and internet vendors on websites like Ebay, sell Scottish Lairdships along with small plots of land. The Court of the Lord Lyon considers these particular titles to be meaningless[5][6] because it is impossible to have numerous “Lairds” of a single Estate at the same time, as has been advertised by these companies. [7][8]

Forms of Address

See also

Notes

  1. ^ Perelman, p.141 ( ch. 7 )
  2. ^ "How to address a Chief, Chieftain or Laird". Debrett's Forms of Address. Debrett's. http://www.debretts.com/forms-of-address/titles/scottish--and-irish-titles/chief,-chieftain,-laird.aspx. Retrieved 14 July 2010. 
  3. ^ Adam, F. & Innes of Learney, T. (1952). The Clans, Septs, and Regiments of the Scottish Highlands (4th ed.). Edinburgh & London: W. & A.K. Johnston Limited. p. 401 ("Scottish law and nobiliary practice, like those of many other European realms, recognise a number of special titles, some of which relate to chiefship and chieftaincy of families and groups as such, others being in respect of territorial lairdship. These form part of the Law of Name which falls under the jurisdiction of the Lord Lyon King of Arms, and are recognised by the Crown. [...] As regards these chiefly, clan, and territorial titles, by Scots law each proprietor of an estate is entitled to add the name of his property to his surname, and if he does this consistently, to treat the whole as a title or name, and under Statute 1672 cap. 47, to subscribe himself so"). 
  4. ^ "OPINION OF THE COURT delivered by LORD MARNOCH". Court of Session. http://www.scotcourts.gov.uk/opinions/2009CSIH61.html. Retrieved 2011-07-29. 
  5. ^ "Scottish Highland Titles". www.faketitles.com. http://www.faketitles.com/html/scottish_highland_titles.html. Retrieved 18 June 2009. 
  6. ^ Cramb, Auslan (11 Dec 2004). "How to lord it over your friends for only £29.99". Telegraph.co.uk. http://www.telegraph.co.uk/news/uknews/1478745/How-to-lord-it-over-your-friends-for-only-29.99.html. Retrieved 20 June 2009. 
  7. ^ The Ludicrous “Scottish Laird” Scams
  8. ^ New Internet Con Selling Phoney Lairdships

References