The Feudal System of Landholding

      Scotland's kings adopted the feudal system of landholding in the 12th century at the same time that the Old Clan Chattan was emerging from the mists of time dimly seen. The fundamental principle of the feudal system was simple -- the Crown owned all the land in the kingdom and was the ultimate feudal superior. The land was divided into baronies and granted to individuals as the crown saw fit. They were vassals of the Crown and were liable for a feu duty usually in the form of military service. A barony is in the class of noble as opposed to ignoble feus. Whether the dignity was that of a barony or of the greater dignity of an earldom, the feudal effects were the same. However, a baron is not titled where as an earl, marquess or duke is.

      The grant of a barony was for the lifetime of the holder and could be forfeit if the holder incurred the Crown's displeasure. The superior required loyal and competent support from his vassal. Despite emphasis on the military nature of feudalism, an heir could negotiate to avoid the rigours of tenure by redeeming the conditions.

Ý       In turn the baron allocated the land to tenants who paid rent in coin or in kind. In this case, the baron was the superior and the tenant was the vassal. Tenants often leased parts of their land to subtenants and so on down the chain. If a feudal superior sold a piece of land outright, the new owner was still a vassal who owed feu duty to the superior. This duty often included restrictions on how the land could be used.

      In the Highlands the vast majority of the population lived on the land. The barony was the rural unit of self-sufficiency, with its own mill, dam, forge, brewery, bleach-field and so on. This unit was held together by the baron and his court, who not only punished troublemakers but also allocated grazing rights and made many of the community's agricultural decisions, such as those involving the digging of drains and building dykes. The barons were the King's officers of the law and could call on their own tenants to serve under them in times of war. They also had a seat in the Scottish parliament but, if the expense of attending was beyond their means, they could delegate representation.

      The townships occupied by the Macphersons were no exceptions to this system. Even the Macpherson chiefs who had held Clunie for centuries were tenants of the Earls of Huntly until 1680 when the lands of the Clunie estate were sold to Duncan, the 16th chief. His grandfather, Andrew had tried to exchange his estate of Grange in Banffshire for Clunie. However, Huntly would not agree because he was wished to retain his hold on the Macpherson chiefs who were dependent upon him to a degree in gaining their independence from the Mackintoshes.

      The Jacobite Rebellions of 1745 led to the feudal powers of these barons being drastically reduced by the Westminster Parliament, which passed the Heritable Jurisdictions Act (1747). The feudal system was ended by the Scottish Parliament by an act that took effect in 2004. Although the barons' feudal rights have been taken away, the baronial titles continue as before.