Lord High Constable of Scotland
Encyclopedia
The Lord High Constable is a hereditary, now ceremonial, office of Scotland
. In the order of precedence
of Scotland, the office traditionally ranks above all titles except those of the Royal Family. The Lord High Constable was, after the King of Scots, the supreme officer of the Scottish army. He also performed judicial functions as the chief judge
of the High Court of Constabulary
. From the late 13th Century the Court – presided over by the Lord High Constable or his deputies – was empowered to judge all cases of rioting, disorder, bloodshed and murder if such crimes occurred within four miles of the King, the King's Council, or the Parliament of Scotland
. Following James VI's move to England
, the jurisdiction
of the Lord High Constable was defined in terms of the "resident place" appointed for the Council.
The Constable historically also commanded the Doorward Guard of Partizans, the oldest bodyguard in Britain. The Constable also held several honorific privileges, such as the right to sit on the right side of the King when he attended Parliament, custody of the keys to Parliament House, the ceremonial command of the King's bodyguards, and precedence
above all Scotsmen except the members of the Royal Family and the Lord Chancellor of Scotland
. Most of the powers, however, disappeared when Scotland and England
combined into Great Britain
under the Act of Union 1707. The office, nonetheless, continues as a ceremonial one.
The office became hereditary in the 12th Century and was held by the Comyn family, but they ended up on the wrong side in the Wars of Scottish Independence
. Since then it has been held by the Hays of Erroll, later Earls of Erroll
. The first was Gilbert Hay
, who was given the office by Robert the Bruce, followed by David Hay
.
The Constable and the Duke of Hamilton
(as Lord of Abernethy) may sit as assessors to the Lord Lyon King of Arms
. The Earl of Erroll, Lord High Constable, is one of four peers entitled to appoint a private pursuivant
, with the title of Slains Pursuivant of Arms
.
In 1952, the Court of Claims allowed the right of the Countess of Erroll
, as Lord High Constable, to be present by deputy at the Coronation
of Queen Elizabeth II. The present holder (2008) is Merlin Hay, 24th Earl of Erroll.
, more commonly known as the Constable of Scotland. Perhaps the most celebrated of these men was John Stewart, 2nd Earl of Buchan
, who latterly was also created Constable of France
.
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...
. In the order of precedence
Order of precedence
An order of precedence is a sequential hierarchy of nominal importance of items. Most often it is used in the context of people by many organizations and governments...
of Scotland, the office traditionally ranks above all titles except those of the Royal Family. The Lord High Constable was, after the King of Scots, the supreme officer of the Scottish army. He also performed judicial functions as the chief judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the High Court of Constabulary
High Court of Constabulary
The High Court of Constabulary was a court in Scotland presided over by the Lord High Constable of Scotland and other judges.Established in the late 13th century the Court was empowered to judge all cases of rioting, disorder, bloodshed, and murder if such crimes occurred within four miles of the...
. From the late 13th Century the Court – presided over by the Lord High Constable or his deputies – was empowered to judge all cases of rioting, disorder, bloodshed and murder if such crimes occurred within four miles of the King, the King's Council, or the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
. Following James VI's move to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the Lord High Constable was defined in terms of the "resident place" appointed for the Council.
The Constable historically also commanded the Doorward Guard of Partizans, the oldest bodyguard in Britain. The Constable also held several honorific privileges, such as the right to sit on the right side of the King when he attended Parliament, custody of the keys to Parliament House, the ceremonial command of the King's bodyguards, and precedence
Precedence
Precedence may refer to:* Message precedence of military communications traffic* Order of precedence, the ceremonial hierarchy within a nation or state* Order of operations, in mathematics and computer programming...
above all Scotsmen except the members of the Royal Family and the Lord Chancellor of Scotland
Lord Chancellor of Scotland
The Lord Chancellor of Scotland was a Great Officer of State in pre-Union Scotland.Holders of the office are known from 1123 onwards, but its duties were occasionally performed by an official of lower status with the title of Keeper of the Great Seal...
. Most of the powers, however, disappeared when Scotland and England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
combined into Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
under the Act of Union 1707. The office, nonetheless, continues as a ceremonial one.
The office became hereditary in the 12th Century and was held by the Comyn family, but they ended up on the wrong side in the Wars of Scottish Independence
Wars of Scottish Independence
The Wars of Scottish Independence were a series of military campaigns fought between the independent Kingdom of Scotland and the Kingdom of England in the late 13th and early 14th centuries....
. Since then it has been held by the Hays of Erroll, later Earls of Erroll
Earl of Erroll
The Earl of Erroll is an ancient title in the Peerage of Scotland. It was created in 1453 for Sir William Hay.The subsidiary titles held by the Earl of Erroll are Lord Hay and Lord Slains , both in the Peerage of Scotland. The Earls of Erroll also hold the hereditary office of Lord High Constable...
. The first was Gilbert Hay
Gilbert de la Hay
Sir Gilbert de la Haye , 5th feudal baron of Errol in Gowrie, was Lord High Constable of Scotland from 1309 ....
, who was given the office by Robert the Bruce, followed by David Hay
David de la Hay
Lord David de la Haye was Lord High Constable of Scotland.His predecessor as Constable was Gilbert Hay, his grandfather.David was killed at the Battle of Neville's Cross.-External links:* on Hay family...
.
The Constable and the Duke of Hamilton
Duke of Hamilton
Duke of Hamilton is a title in the Peerage of Scotland, created in 1643. It is the senior dukedom in that Peerage , and as such its holder is the Premier Peer of Scotland, as well as being head of both the House of Hamilton and the House of Douglas...
(as Lord of Abernethy) may sit as assessors to the Lord Lyon King of Arms
Lord Lyon King of Arms
The Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new grants of arms, and serving as the judge of the Court of the Lord Lyon, the oldest...
. The Earl of Erroll, Lord High Constable, is one of four peers entitled to appoint a private pursuivant
Pursuivant
A pursuivant or, more correctly, pursuivant of arms, is a junior officer of arms. Most pursuivants are attached to official heraldic authorities, such as the College of Arms in London or the Court of the Lord Lyon in Edinburgh. In the mediaeval era, many great nobles employed their own officers of...
, with the title of Slains Pursuivant of Arms
Slains Pursuivant
Slains Pursuivant of Arms is a private officer of arms appointed by the Chief of the Name and Arms of Hay – presently the Earl of Erroll, Lord High Constable of Scotland. It is believed that the Hay family had an officer of arms since the time that the office of Lord High Constable was forfeited by...
.
In 1952, the Court of Claims allowed the right of the Countess of Erroll
Diana Hay, 23rd Countess of Erroll
Diana Denyse Hay, 23rd Countess of Erroll was a British peeress suo jure.Diana was only child of Josslyn Hay, 22nd Earl of Erroll and his first wife, Idina Sackville...
, as Lord High Constable, to be present by deputy at the Coronation
Coronation
A coronation is a ceremony marking the formal investiture of a monarch and/or their consort with regal power, usually involving the placement of a crown upon their head and the presentation of other items of regalia...
of Queen Elizabeth II. The present holder (2008) is Merlin Hay, 24th Earl of Erroll.
Hundred Years War
During the Hundred Years War, a significant amount of Scottish soldiery served in France. These troops served under their own commanders and were quite distinct from their French allies. In order to keep the command structure of the enlarged allied forces intact, the French King appointed a High Constable of the Scots ArmyGarde Écossaise
The Garde Écossaise was an elite Scottish military unit founded in 1418 by the Valois Charles VII of France, to be personal bodyguards to the French monarchy. They were assimilated into the Maison du Roi and later formed the first Company of the Garde du Corps du Roi...
, more commonly known as the Constable of Scotland. Perhaps the most celebrated of these men was John Stewart, 2nd Earl of Buchan
John Stewart, 2nd Earl of Buchan
John Stewart, Earl of Buchan was a Scottish nobleman and soldier who fought alongside Scotland's French allies during the Hundred Years War. In 1419 he was sent to France by his father the Duke of Albany, Regent of Scotland, with an army of 6,000 men...
, who latterly was also created Constable of France
Constable of France
The Constable of France , as the First Officer of the Crown, was one of the original five Great Officers of the Crown of France and Commander in Chief of the army. He, theoretically, as Lieutenant-general of the King, outranked all the nobles and was second-in-command only to the King...
.
Constables (incomplete)
- 1138-1162, Hugh de MorvilleHugh de Morville, Lord of Cunningham and LauderdaleHugh de Morville was a Norman knight who made his fortune in the service of David fitz Malcolm, Prince of the Cumbrians and King of Scots .His parentage is said by some to be unclear, but G. W. S...
, to King David IDavid I of ScotlandDavid I or Dabíd mac Maíl Choluim was a 12th-century ruler who was Prince of the Cumbrians and later King of the Scots... - 1162-1189, Richard de MorvilleRichard de MorvilleRichard de Morville , succeeded his father Hugh de Morville as Constable of Scotland and in his Scottish estates and English lands at Bozeat in Northamptonshire, and Rutland, as well as a number of feus of the Honour of Huntingdon....
, his son, to King Malcolm IVMalcolm IV of ScotlandMalcolm IV , nicknamed Virgo, "the Maiden" , King of Scots, was the eldest son of Earl Henry and Ada de Warenne... - 1189-?, William de Morville, his son.
- ?-1234, Alan of GallowayAlan, Lord of GallowayAlan Fitz Roland was the last of the MacFergus dynasty of quasi-independent Lords of Galloway. He was also hereditary Constable of Scotland.-Family:He was the son of Roland, or Lochlann, Lord of Galloway and Helen de Morville...
(son of Helena de Morville sister of above William), to King Alexander IIAlexander II of ScotlandAlexander II was King of Scots from1214 to his death.-Early life:... - 1234-1265, Roger de Quincy, 2nd Earl of WinchesterRoger de Quincy, 2nd Earl of WinchesterRoger de Quincy, 2nd Earl of Winchester was a medieval nobleman who was prominent on both sides of the Anglo-Scottish border, as Earl of Winchester and Constable of Scotland....
(married to a daughter of Alan of Galloway) - c. 1265-c. 1286, Sir Leonard Leslie, to King Alexander IIIAlexander III of ScotlandAlexander III was King of Scots from 1249 to his death.-Life:...
- 1309-1333, Gilbert de la HayGilbert de la HaySir Gilbert de la Haye , 5th feudal baron of Errol in Gowrie, was Lord High Constable of Scotland from 1309 ....
from 1309, made Heritable Constable in 1314 by Robert the Bruce, following the Battle of BannockburnBattle of BannockburnThe Battle of Bannockburn was a significant Scottish victory in the Wars of Scottish Independence...
. - 1333-1346, David HayDavid de la HayLord David de la Haye was Lord High Constable of Scotland.His predecessor as Constable was Gilbert Hay, his grandfather.David was killed at the Battle of Neville's Cross.-External links:* on Hay family...
, grandson of Gilbert Hay - see Earl of ErrollEarl of ErrollThe Earl of Erroll is an ancient title in the Peerage of Scotland. It was created in 1453 for Sir William Hay.The subsidiary titles held by the Earl of Erroll are Lord Hay and Lord Slains , both in the Peerage of Scotland. The Earls of Erroll also hold the hereditary office of Lord High Constable...
for subsequent holders of the office