Barony Court
The Historical Court
In addition to being tenants-in-chief of the King, barons had a second function concerned with the administration of the judicial system. These were two sides of the same coin of course; as a vassal of the King a baron was obliged to attend the King’s court, as a superior the baron was obliged to hold courts for his immediate vassals. These two functions became the critical features by which the baron could be identified – his position as tenant-in-chief of the King and his ‘baronial jurisdiction’.
The administration of public justice in rural medieval Scotland was carried out largely by the baronial courts, from which there was a right of appeal in civil cases to the local Sheriff Court, which were subject to supervision by the local Sheriff Court in criminal matters. Barons presided over most of the ordinary government and justice experienced by most of the people of Scotland’. The baron exercised a limited legal jurisdiction in the barony and, in return, was allowed to retain the profits of the office (fines). The baron was responsible only for the administration of justice within the barony, he did not act as judge or jury.
The jurisdiction of the baronial courts was strictly limited. While baronial jurisdiction certainly included “Pit (the right to drown women) and “gallows” (the right to hang men), this power was limited to theft and manslaughter. Even so, the criminal had to be caught within the barony either in possession of the stolen goods or ‘red-handed’. The most serious crimes, notably murder, rape, arson and robbery (the Four Pleas of the Crown) were dealt with by the itinerant Justiciars, who were senior royal officials. The right to try cases of treason was always reserved to the Crown. In fact, the business of the baron courts was mainly concerned, as one would expect, with the day-to-day administration of the barony. This typically included such matters as settling boundary disputes between neighbors, determining compensation for damage caused by cattle, organizing the repair of the barony mill and so on. A baron court could enact local ordinances similar to public nuisance laws and other laws imposed by a small town. The baron court is therefore probably best regarded as an administrative council of the baron and his tenants as well as a court of law.
The baron's court
The Baron’s court was typically comprised of:
The Baron-When trying a serious criminal case the baron was generally required to exercise his authority in person, unless his charter authorized him to appoint deputy. Initially his role was to preside over the court, and decide on the sentence but when the role of suitors diminished, he also judged the case – he decided on the facts.
The Baron-Baillie – A baron would often appoint a deputy or baillie to exercise his authority to the extent allowed by his charter or the common law at the time. He was required to take the judicial oath swearing to uphold the law.
The Clerk of the Court– The baron was required to choose a clerk who, it is argued, should be a qualified lawyer. His role was to record what was said and done in the minute-books of the court and to advise the baron, or his baillie on the law.
The Dempster-The Dempster or doomster pronounced the sentence (the doom) of the court and latterly carried out the sentence when his office was combined with that of the common hangman. As stated before, this type of sentence was relatively rare.
The Baron-Serjeant/Baron Officer– The Baron-Serjeant or even the Baron Officer combined the modern role of court officer with that of a sheriff officer. As a court officer he was responsible for ‘fencing’ a court, keeping order in the court and summoning the parties. As a sheriff officer he would enforce the decrees, such as seizing a debtor’s goods. The Baron-Serjeant is not to be confused with Serjeant in a military sense. Serjeanty originated in the assignation of an estate in land on condition of the performance of a certain duty other than knight-service. Duties ranged from non-standard service in the king’s army (distinguished only by equipment from that of the knight), to other administrative functions as directed by the noble.
The Procurator Fiscal-If appointed, his role was to prosecute criminal complaints much as today.
The Suitors-These were vassals and tenants who acted in a similar role to a jury and decided on the facts of the case.
Role of the Sheriff
Ordinarily, the feudal baron was not the sheriff of the jurisdiction. As previously stated, the baron did have limited authority to enforce laws within the barony, but they were typically minor violations and civil disputes. At the county, or shire, level the sheriff, a nobleman who possessed the office through heredity, was responsible for the court. He was the chief officer in a shire, or the shire reeve. A sheriff’s jurisdiction in Scotland was called a shrievality. The sheriff represented the crown and investigated crimes in his jurisdiction. He could also try minor offenses and hear appeals from barony courts. When someone was accused of a serious crime, he had to detain them until the justicar visited the county. Sheriffs collected revenue, fines, and rents. They also executed writs, put together juries, guarded prisoners and presided over the county court. It was also the sheriff’s job to investigate things other than crimes and report back to the king. The Sheriff had military as well as legal responsibilities. They gathered men to fight in the king’s wars and kept them fed, and on occasion, led them into battle.
For approximately 264 years, from 1250 to 1464, the barons of Auchterhouse were the hereditary sheriffs of Fofar. The last baron to serve as sheriff was Sir James Stewart, a distant relative to the current baron. He obtained the lands of Auchterhouse and the hereditary role of sheriff when he married Margaret Olgilvy, a direct descendant of Malcolm Ramsay.
In Scotland, the medieval sheriff was ultimately replaced by professional officers of the court, however the role of the modern sheriff can trace its lineage back to medieval times.
