The Convention of The Baronage of Scotland 
Jurisdiction
The jurisdiction and authority of a baron's court were derived from the charter of erection and common law. As such a baron could not exercise his jurisdiction until he had taken seisin and was infeft in his barony. The act of seisin was, in the early days, a ceremony held on the actual lands where the 'owner' (technically a 'vassal') or his attorney was given formal possession by the symbolic placement of a stone and a turf in his hands by a Notary Public.In our country today we do not meet these standards.
Charter of Erection
The charter of erection of a barony granted or withheld a wide range of powers. Typically, but not necessarily, they would include civil, criminal and military jurisdiction.
Common Law
In 1747 the common law was changed allowing the baron to exercise any of his jurisdiction through a baillie.
Profits Of Justice
The right to jurisdiction included the right to the fines and other profits of justice which at times represented a considerable income.
These profits were necessary to pay for the court's expenses. These included the costs of the Officers of the Court but also the provision of the prison. The 1747 Act required the baron to inform the sheriff of the location of the prison and the sheriff had to inspect it to ensure it was not "grievous or unhealthy". The prison had to allow a visitor to "visit, see and converse with the prisoner, when he shall be so minded." This phrase shines a bright light upon the spirit of the times - another manifestation of the Declaration of Arbroath.
Criminal Jurisdiction
The extent of criminal jurisdiction varied quite widely. In general, treason and the four pleas of the crown (murder, rape, robbery and fire-raising) were reserved to a higher court. However, these exclusions were often modified and some charters granted powers so extensive that these courts became known as "courts of regality". Lords of Regality exercised a jurisdiction co-equal to that of the crown.An explicit grant was required for a baron to try capital crimes. This generally included the phrase "furcae et fossae" (pit and gallows). The drowning pit was used to sentence women as it was considered a kinder death. By no means all baronies had this prerogative. The crimes liable to a death sentence that could be tried by a baron's court were therefore restricted to serious crimes not reserved to a higher court. In practice this was limited to such crimes as infant theft, where the thief was caught in the act, and crimes of violence.
By the 17th Century records of the baron courts were generally devoid of actions involving life and limb. It appears that fines were limited to £50 Scots for crimes involving bloodshed and £10 for lesser crimes.
After the 1745 rising there was a massive programme to deprive clan chiefs of their power. In 1747 the Heritable Jurisdictions (Scotland) Act severely curtailed the jurisdiction of the baron courts.
Punishment for criminal acts was limited to:
- a fine not exceeding twenty shillings sterling.
- setting the delinquent in the stocks for not more than three hours in the day time.
- imprisonment for any time not exceeding one month.
Civil Jurisdiction
It has to be remembered that these courts were established because the crown did not have the resources to establish a universal system of justice. Initially, the powers were extensive, but as the crown established its own system the power of these courts was reduced.In 1654 Cromwell limited the jurisdiction to civil actions not exceeding forty shillings (sterling).
The Act of 1747 curtailed the civil power of the baron court - but did not sweep it away in its entirety as the Edinburgh legal and landowning populace found it a very useful instrument for collecting unpaid rents.
The 1747 Act restricted the civil jurisdiction to:
- any case where the debt or damages should exceed the sum of forty shillings sterling.
- other than for the recovery of and uplifting from the vassals, tenants or possessors . . . the mails and duties, or rents and profits thereof.
- or for the recovery of multures or services payable or prestable to their mills.
