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Accordingly, the owner of the piece of land containing the caput was called a baron (or baroness).

Up until 1874, each new baron was confirmed in his barony by the Crown by Charter of Confirmation.A "Scottish Prescriptive Barony by Tenure" was, from 1660 until 2004, the feudal description of the only genuine degree of title of UK nobility capable of being bought and sold (along with the caput, or property), rather than passing strictly by blood inheritance.Statutes of 1592 and the Baronetcy Warrants of King Charles I show the non-peerage Table of Precedence as: Baronets, Knights, Barons and Lairds, Esquire and Gentlemen.In America, it passes with the barony as a fee simple appurtenance to an otherwise incorporeal hereditament, the barony being treated like a landowning corporation.In Scotland, the practice has not been tested in a Court of Session case since the Act.