Heritor
Encyclopedia
Heritor, was a privileged person in a Parish in Scots Law
. In its original acceptation, it signified the proprietor of an heritable subject, but, in the law relating to Parish
government, the term was confined to such proprietors of lands or houses as were liable, as written in their title deeds, for the payment of public burdens, such as the Minister's stipend, manse
and glebe
assessments, schoolmaster's salary, poor rates, rogue-money (for preventing crime) as well as road and bridge assessments, and others like public and county burdens or, more generally, cess, a land tax. A liferenter might be liable to cess and so be entitled to vote as an Heritor in the appointement of the Minister, schoolmaster, etc. The occasional female landholder so liable was known as an heritrix.
In Scotland
the term Heritor was used to denote the feudal "landholders" of a Parish
until the early 20th century - for example - in the early 20th century the Heritors of the Highland Parish of Crathie and Braemar were the estates of Mar Lodge
, Invercauld
, Balmoral
, and Abergeldie.
Historically - land-holding in Scotland
is feudal in nature, meaning that all land is technically "owned" by the Crown, which, centuries ago, gave it out - or feued it - to various Tenants-in-chief in return for certain services or obligations. These obligations became largely financial in time, or ceremonial or at least notional. Similarly, these Tenants-in-chief gave it out to lesser "owners", and the resulting reciprocal obligations too became financial -feudal dues - or notional. Often, though, conditions were imposed by the feudal superior at the time of the transaction - used in the 19th century as a form of planning control. (Most financial obligations were abolished in Scotland in 1974).
The upshot was that "landowners" had differing rights to the land they "owned". However, those who held their land without limit of time - that is, only had a ceremonial or ancient financial obligation towards their notional "superiors" - were distinguished from others and were called Heritors. In effect, they were the gentry
of the Scots countryside, with legal privileges and obligations. Most ordinary farmers, etc. rented their land for a specific space of time - from the Heritors.
Like the gentry in other countries, the Heritors ruled the countryside. They were responsible for justice, law and order in their district and for keeping the roads in good repair. They were responsible for appointing - and paying - the Minister and the Schoolmaster, and for maintaining the church, manse and schoolhouse. They had also to provide for the poor of their Parish. For all this they levied a rate on all the Heritors in the Parish - and often included non-Heritor Tenant Farmers in the rate too.
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. In its original acceptation, it signified the proprietor of an heritable subject, but, in the law relating to Parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
government, the term was confined to such proprietors of lands or houses as were liable, as written in their title deeds, for the payment of public burdens, such as the Minister's stipend, manse
Manse
A manse is a house inhabited by, or formerly inhabited by, a minister, usually used in the context of a Presbyterian, Methodist, Baptist or United Church...
and glebe
Glebe
Glebe Glebe Glebe (also known as Church furlong or parson's closes is an area of land within a manor and parish used to support a parish priest.-Medieval origins:...
assessments, schoolmaster's salary, poor rates, rogue-money (for preventing crime) as well as road and bridge assessments, and others like public and county burdens or, more generally, cess, a land tax. A liferenter might be liable to cess and so be entitled to vote as an Heritor in the appointement of the Minister, schoolmaster, etc. The occasional female landholder so liable was known as an heritrix.
In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
the term Heritor was used to denote the feudal "landholders" of a Parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
until the early 20th century - for example - in the early 20th century the Heritors of the Highland Parish of Crathie and Braemar were the estates of Mar Lodge
Mar Lodge Estate
Mar Lodge Estate is a Scottish Highland estate in Aberdeenshire, owned by the National Trust for Scotland. It is entirely contained within the Cairngorms National Park and important for nature conservation, landscape, recreation and culture.-Geography:...
, Invercauld
Invercauld Castle
Invercauld Castle is a country house situated in Royal Deeside near Braemar in Scotland. It is protected as a category A listed building, and the grounds are included in the Inventory of Gardens and Designed Landscapes in Scotland.-History:...
, Balmoral
Balmoral Castle
Balmoral Castle is a large estate house in Royal Deeside, Aberdeenshire, Scotland. It is located near the village of Crathie, west of Ballater and east of Braemar. Balmoral has been one of the residences of the British Royal Family since 1852, when it was purchased by Queen Victoria and her...
, and Abergeldie.
Historically - land-holding in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
is feudal in nature, meaning that all land is technically "owned" by the Crown, which, centuries ago, gave it out - or feued it - to various Tenants-in-chief in return for certain services or obligations. These obligations became largely financial in time, or ceremonial or at least notional. Similarly, these Tenants-in-chief gave it out to lesser "owners", and the resulting reciprocal obligations too became financial -feudal dues - or notional. Often, though, conditions were imposed by the feudal superior at the time of the transaction - used in the 19th century as a form of planning control. (Most financial obligations were abolished in Scotland in 1974).
The upshot was that "landowners" had differing rights to the land they "owned". However, those who held their land without limit of time - that is, only had a ceremonial or ancient financial obligation towards their notional "superiors" - were distinguished from others and were called Heritors. In effect, they were the gentry
Gentry
Gentry denotes "well-born and well-bred people" of high social class, especially in the past....
of the Scots countryside, with legal privileges and obligations. Most ordinary farmers, etc. rented their land for a specific space of time - from the Heritors.
Like the gentry in other countries, the Heritors ruled the countryside. They were responsible for justice, law and order in their district and for keeping the roads in good repair. They were responsible for appointing - and paying - the Minister and the Schoolmaster, and for maintaining the church, manse and schoolhouse. They had also to provide for the poor of their Parish. For all this they levied a rate on all the Heritors in the Parish - and often included non-Heritor Tenant Farmers in the rate too.
Sources
- Bell, William (revised by Ross, G) A Dictionary and Digest of the Law of Scotland, with short explanations of the most ordinary English law terms Bell & Bradfute, Edinburgh, 1861http://books.google.co.uk/books?id=FfEZAAAAYAAJ&printsec=frontcover#v=snippet&q=congregation&f=false