26-610: Viscount of Stormont is a title in the Peerage of Scotland . It was created in 1621 by James VI for his friend and helper Sir David Murray who had saved him from the attack of the Earl of Gowrie in 1600. Murray had already been created Lord Scone , also in the Peerage of Scotland in 1605. The peerages were created with remainder to 1) Sir Mungo Murray, fourth son of John Murray, 1st Earl of Tullibardine, failing which to 2) John Murray, who
52-481: A barony that have yet gone into abeyance are the earldom of Arlington and the viscountcy of Thetford , which are united, and (as noted above) the earldom of Cromartie. It is no longer straightforward to claim English peerages after long abeyances. In 1927, a parliamentary Select Committee on Peerages in Abeyance recommended that no claim should be considered where the abeyance has lasted more than 100 years, nor where
78-430: A century, or the petitioner holds less than one-third of the claim. This doctrine is a 17th-century innovation, although it is now applied retrospectively for centuries. It cannot be applied perfectly; for example, the eighth Baron De La Warr had three surviving sons; the first died without children, the second left two daughters, and the third left a son. In modern law, the title would have fallen into abeyance between
104-463: A few dozen cases) were settled after a few years, in favour of the holder of the family properties; there were two periods in which long-abeyant peerages (in some cases peerages of doubtful reality) were brought back: between 1838 and 1841 and between 1909 and 1921. The Complete Peerage reports that only baronies have been called out of abeyance, although the Earldom of Cromartie was called out of
130-623: A person who was not legitimate at birth, but was subsequently legitimised by their parents marrying later. The ranks of the Scottish Peerage are, in ascending order: Lord of Parliament , Viscount , Earl , Marquess and Duke . Scottish Viscounts differ from those of the other Peerages (of England, Great Britain, Ireland and the United Kingdom) by using the style of in their title, as in Viscount of Oxfuird . Though this
156-530: A son. A co-heir may petition the Crown for a termination of the abeyance. The Crown may choose to grant the petition, but if there is any doubt whatsoever as to the pedigree of the petitioner, the claim is normally referred to the Committee for Privileges . If the claim is unopposed, the committee will generally award the claim, unless there is evidence of collusion , the peerage has been in abeyance for more than
182-497: A two-year abeyance in 1895. It is entirely possible for a peerage to remain in abeyance for centuries. For example, the Barony of Grey of Codnor was in abeyance for over 490 years between 1496 and 1989, and the Barony of Hastings was similarly in abeyance for over 299 years from 1542 to 1841. Some other baronies became abeyant in the 13th century, and the abeyance has yet to be terminated. The only modern examples of titles other than
208-410: Is held by no one. If through lack of issue, marriage, or both, eventually only one person represents the claims of all the sisters, they can claim the dignity as a matter of right, and the abeyance is said to be terminated. On the other hand, the number of prospective heirs can grow quite large, since each share potentially can be divided between daughters, where the owner of a share dies without leaving
234-625: Is one of the five divisions of peerages in the United Kingdom and for those peers created by the King of Scots before 1707. Following that year's Treaty of Union , the Kingdom of Scots and the Kingdom of England were combined under the name of Great Britain , and a new Peerage of Great Britain was introduced in which subsequent titles were created. Scottish Peers were entitled to sit in
260-431: Is the theoretical form, most Viscounts drop the " of ". The Viscount of Arbuthnott and to a lesser extent the Viscount of Oxfuird still use " of ". Scottish Barons rank below Lords of Parliament, and although considered noble , their titles are incorporeal hereditaments . At one time barons did sit in parliament. However, they are considered minor nobles and not peers because their titles can be bought and sold. In
286-648: The House of Lords Act 1999 received the Royal Assent . Unlike most peerages, many Scottish titles have been granted with remainder to pass via female offspring (thus an Italian family has succeeded to and presently holds the earldom of Newburgh ), and in the case of daughters only, these titles devolve to the eldest daughter rather than falling into abeyance (as is the case with ancient English baronies by writ of summons ). Unlike other British peerage titles, Scots law permits peerages to be inherited by or through
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#1732793532732312-573: The freehold of a benefice , on the death of the incumbent , is said to be in abeyance until the next incumbent takes possession. The term hold in abeyance is used in lawsuits and court cases when a case is temporarily put on hold. The most common use of the term is in the case of English peerage dignities. Most such peerages pass to heirs-male , but the ancient baronies created by writ , as well as some very old earldoms , pass instead to heirs-general (by cognatic primogeniture ). In this system, sons are preferred from eldest to youngest,
338-589: The ancient Parliament of Scotland . After the Union, the Peers of the old Parliament of Scotland elected 16 Scottish representative peers to sit in the House of Lords at Westminster . The Peerage Act 1963 granted all Scottish Peers the right to sit in the House of Lords, but this automatic right was revoked, as for all hereditary peerages (except those of the incumbent Earl Marshal and Lord Great Chamberlain ), when
364-530: The claimant lays claim to less than one third of the dignity. The Barony of Grey of Codnor was treated as an exception to this principle, as a claim to it had been submitted prior to these recommendations being made to the Sovereign. It is common, but incorrect, to speak of peerage dignities which are dormant (i.e. unclaimed) as being in abeyance. Abeyance can be used in cases where parties are interested in temporarily settling litigation while still holding
390-503: The club. With this arrangement, the anti-abortion club held on to its right to immediately reopen the case again should the UVSS deny resources to the club in the future, and the UVSS was able to avoid an expensive legal battle it did not have the will to pursue at the time. Thus, the use of abeyance provided the security of a settlement for the anti-abortion campus club, while preserving the student society's voting membership's ability to take
416-578: The dispute to court. For example, abeyance was used as a settlement method in a Canadian lawsuit involving the University of Victoria Students' Society (UVSS), the British Columbia Civil Liberties Association , and a campus anti-abortion club to whom the UVSS denied funding. The parties agreed to settle the lawsuit by holding the case in abeyance in return for the UVSS temporarily giving resources back to
442-469: The following table of the Peerage of Scotland as it currently stands, each peer's highest ranking title in the other peerages (if any) are also listed. Those peers who are known by a higher title in one of the other peerages are listed in italics . Abeyance Abeyance (from the Old French abeance meaning "gaping") is a state of expectancy in respect of property , titles or office, when
468-407: The heirs of a son over the next son, and any son over daughters, but there is no preference among daughters: they or their heirs inherit equally. If the daughter is an only child or her sisters are deceased and have no living issue, she (or her heir) is vested with the title; otherwise, since a peerage cannot be shared nor divided, the dignity goes into abeyance between the sisters or their heirs, and
494-533: The matter back to court should they choose in the future to deny resources to the club. Other court cases may be held in abeyance when the issue may be resolved by another court or another event. This saves time and effort trying to resolve a dispute that may be made moot by the other events. During lawsuits related to the Patient Protection and Affordable Care Act after the Supreme Court of
520-439: The right to seek relief later if necessary. This may be considered a desirable outcome in cases where the party to the lawsuit is an organization with a transient membership and political perspective. The use of abeyance in such instances can allow such an organization to 'settle' with the party without officially binding its actions in the future, should a new group of decision makers within the organization choose to pursue taking
546-445: The right to them is not vested in any one person, but awaits the appearance or determination of the true owner. In law , the term abeyance can be applied only to such future estates as have not yet vested or possibly may not vest. For example, an estate is granted to A for life, with remainder to the heir of B. Following A's death, if B is still alive, the remainder is in abeyance, for B has no heirs until B's death. Similarly,
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#1732793532732572-488: The third Viscount Stormont. He was the son of the aforementioned John Murray, 1st Earl of Annandale. He was also childless and on his death in 1658 the earldom became extinct. He was succeeded in the lordship of Scone and the viscountcy of Stormont according to the special remainder by David Murray, 2nd Lord Balvaird, who became the fourth Viscount Stormont (see the Lord Balvaird for earlier history of this title). He
598-545: The two daughters of the second son, and nobody else would have been able to claim it even if the abeyance were settled; however, in 1597, the grandson of the third son (whose father had been re-created Baron De La Warr in 1570) claimed the title and its precedence. In 1604, the Baron le Despencer case was the first peerage abeyance ever settled; the second was at the Restoration in 1660. Most subsequent abeyances (only
624-404: Was created Earl of Annandale in 1625, and failing which to 3) Sir Andrew Murray, who was created Lord Balvaird in 1641. Lord Stormont died childless and was succeeded according to the special remainder by the aforementioned Mungo Murray, the second Viscount. He died without male issue and was succeeded according to the special remainder by James Murray, 2nd Earl of Annandale, who now also became
650-534: Was the prominent lawyer and judge William Murray, 1st Earl of Mansfield and Mansfield . In 1793 Lord Stormont's grandson, the seventh Viscount, succeeded his uncle as second Earl of Mansfield according to a special remainder in the letters patent . For further history of the titles, see the Earl of Mansfield and Mansfield . For further succession see the Earl of Mansfield and Mansfield Peerage of Scotland The Peerage of Scotland ( Scottish Gaelic : Moraireachd na h-Alba ; Scots : Peerage o Scotland )
676-454: Was the son of the aforementioned Andrew Murray, 1st Lord Balvaird. On his death the titles passed to his son, the fifth Viscount. His second son, James Murray was Member of Parliament for Dumfriesshire from 1711 to 1713, and later supported the Jacobite rising of 1715 . In 1721 he was created Earl of Dunbar, Viscount of Drumcairn and Lord Halldykes in the Jacobite peerage . His third son
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