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LORDS,
LADIES, GENTLEMEN &
"Scottish Castles Members"
With due
respect we offer some guidance on a difficult subject,
Territorial
Designations, the correct form.
by Stuart
Morris of Balgonie, yr.
I have been asked to give a brief outline on the correct
use of territorial designations as a certain amount of
confusion has arisen over this subject. First of all, what is
a territorial designation? A designation is that part which
follows an individual's surname. This is normally derived from
ownership of a named piece of land or historic property (outwith
a Burgh), e.g. a castle, in Scotland. Any one owning such
property can call themselves "of" that property but
this is not a title in itself, and should not be treated as
such. A tenant would have been termed as "in" that
property.
Once a designation has been recorded at the Court of the Lord
Lyon King of Arms, it becomes inseparable from the surname.
Only then, the designation becomes a title as an inseparable
part of the nomen dignitatis , when the
individual is recorded in the "Name and Arms of"
e.g. MacTavish of Auchenshoogle.
These styles are protected by Scots law under the Statute
1672. Cap. 47. The Lord Lyon will not automatically accept any
designation, for instance a designation will not be accepted
if there is non-familial joint ownership of a property. There
may also be a conflict with a chiefly title. If a David
Ross bought Ross Castle, he would not be able to style himself
"David Ross of Ross", as this would indicate that he
was chief of Clan Ross. He would be given the option of being
accepted as "David Ross of Castle Ross" or
"David Ross, Baron of Ross". When the Glengarry
estates were sold, McDonell of Glengarry had a proviso put
into the deeds that no succeeding owner was to use the
"Glengarry" designation.
Once a designation is established, it becomes a heritable
property of the head of that family (together with the Arms).
If the land or castle is sold, the designation can still be
used, but a distinction is made in official documents. The
individual becomes "representer of' e.g. Sir Alexander
Macdonald, Baronet, is "Representer of the Family of
Macdonald of Sleat".
Territorial designations have come down to us from the
beginning of the feudal system, and also influenced by our
Celtic ancestors who bore a genealogical second name, the
bun sloinn. The system was widespread in the middle
ages. Adam de Balfour would come from Balfour in Fife (
Balfour:= settlement at the mouth of the Ore, where the river
Ore flows in to the river Leven), William de Couper would come
from the Royal Burgh of Cupar. These territorial names became
permanent surnames. To differentiate between several people of
the same name, a territorial designation was appended to the
surname, thus David Balfour of Dovan was easily
distinguishable from James Balfour of Denmiln.
Once a territorial designation has been recognised by the Lord
Lyon (who, in all matters to do with titles and heraldry in
Scotland, uses the Royal prerogative), it must be used and not
played with. James MacTavish of Auchenshoogle cannot be James
MacTavish through the week and MacTavish of Auchenshoogle at
the weekend or at Highland Balls. The whole name should be
used as the daily signature, on notepaper, visiting cards,
cheques, credit cards etc. Similarly, anyone writing to him
should give his full style, to style him as "Mr.
MacTavish" or "James MacTavish, Esq." is not
only incorrect, it is rude and disrespectful.
There are those who claim that designations make the name too
long, and yet the same individual accepts hyphenated names.
The most widely used mouthful (in text books) is
"Temple-Nugent-Brydges-Chandos-Morgan-Grenville".
After this example, territorial designations are extremely
simple. Lord Justice General, Lord Clyde, clarified the matter
on the 4th of May 1961, in the Scottish Justiciary Appeal
Court. He stated "To state that your name is
"A" when it is in fact "B" is obviously a
false statement: indeed it seems to be that nothing could be
plainer in common sense, apart altogether from legal
principle. It is quite true that except for persons holding
public office, people in Scotland are free to change their
names without obtaining judicial authority for doing so, but
they cannot have two names at the same time". It should
be stated that to change a territorial designation as a nomen
dignitatis does require approval from the Lord Lyon,
either by Matriculation or a Certificate of Change of Name.
The styles for Laird, Baron, Chieftain and Chief are the same.
There are Chiefs who bear designations that do not stem from a
named piece of land e.g. Macdonald of Clanranald. In the
middle ages, Chiefs reigned over their people as if they were
Kings or Princes, thus the Chief was the feudal superior over
the clan. The word "reign" is recorded in Privy
Council records in connection with Chiefs. Some Clan Chiefs
are accepted in Europe as being equal in status to Princes.
Sir Thomas Innes of Learney, sometime Lord Lyon King of Arms,
in his 'Scots Heraldry', says "Chiefs and Lairds reigned
in their ancestral estates like Princes, their castle
forming a little court, of which the ceremonial reflected in
miniature that of Falkland and Holyroodhouse".
(Continued next page)
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