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  The Convention of  

 The Baronage of Scotland 

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Officers Of The Baron's Court

The Baron

When trying a serious criminal case the baron was generally required to exercise his authority in person, unless his charter authorised him to appoint a depute.

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 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.

When carrying out the sentence he repeated the words of the Clerk adding "This I give for doom". [For some reason Private Fraser of the television series Dad's Army springs to mind.]


The Baron-Sergeant

The Baron-Sergeant or Baron-Sergeand 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 poinding or seizing a debtor's goods.


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.

Insignia


The Baron-Baillie


A Baron-Baillie cap The Cap of Justice

A photo of the Baron-Baillie of Canongate depicts him wearing a cocked hat worn fore and aft in the fashion of the great Duke of Wellington as opposed to the athwartships style of Napoleon.
The Baron-Baillie of Easter Moncrieffe matriculated arms with a cap "Vert, doubled Or, stringed Vert and environed of two guards Or".

The Robe

This can be a black legal gown with a one-and-a half inch strip of blue-black velvet on the sleeves and down the front.
Alternatively a red robe similar to the bailies of burghs may be worn.

Medal of Office

The medal should not be more than two inches in diameter and hangs eight inches from the neck on a light silver chain. The medal itself has at the centre the crest or shield of the barony encircled with a description of the office e.g. "The Baron-Baillie of Canongate." This is ensigned with a chapeau.


The Baron-Sergeant

The Ellwand

A white Ellwand (Wand of Peace) with black ends is the main symbol of office and should be an ell in length. An ell is an old Scots measure of about 37". It may have the arms or badge of the barony on the upper end.

A court of regality has a wand 27 inches long, half red and half white.

If the officer is prevented from carrying out his duty he is deforced and ceremoniously breaks his wand, in the presence of witnesses. For this purpose the wand may have a screwed joint in the centre. Alternatively a plain dowel can be used as a cheaper substitute for the symbolic act.

Horn

This horn was used to summon attention and fence the court.



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