Page:Encyclopædia Britannica, Ninth Edition, v. 3.djvu/404

388 spealc of the &quot; barons wars,&quot; and &quot; the barons &quot; who signed Magna Charta, although nobles of higher rank joined in both, and it is usual in summoning to the Upper House a peer s son in the lifetime of the father to give, for the occasion, a separate existence to the latter s barony. Thus Earl Fortescue sat in the House of Lords during his father s lifetime as baron of Castle Hill, county Devon the barony held with his father s earldom. The fiction is still maintained when a commoner is raised directly to one of the higher grades of the peerage, as in the case of Admiral Jervis, who was created at the same time Baron Jcrvis and Earl St Vincent. The origin and comparative antiquity of barons have been the subject of much research amongst antiquaries. The most probable opinion is that they were the same as our present lords of manors; and to this the appellation of court-baron, given to the lord s court, and incident to every manor, seems to lend countenance. The term baron had, therefore, originally a very extensive meaning, being applicable to all tenants-in-chief of the Crown, whether holding by knight service or by grand serjeantry. But the latter only were in the narrower sense the king s barons, and as such possessed both a civil and criminal jurisdiction, each in his curia baronis, and were entitled to seats in the great council of the nation. &quot; For,&quot; says Sir H. Nicolas, &quot; it was the principle of the feudal system that every tenant should attend the court of his immediate superior; and hence it was that he who held per baroniam, having no superior but the Crown, was bound to attend his sovereign in his great council or parliament, which was, in fact, the great court baron of the realm &quot; (Historic Peerage of England, ed. Courthope, p. 18). The lesser barons those, namely, who held by knight service were also occasionally summoned to parliament, but upon no fixed principles, and &quot; the irregularity of passing over many of them when councils were held for the purpose of levying money, led to the provision in the Great Charter of John, by which the king promises that they shall be summoned through the sheriff on such occasions (Hallam, Middle Ages, iii. 213). Both these classes, but the former especially, might be entitled to the appellation of Barons by Tenure ; but it is evident that the mere possession of a barony (i.e., thirteen knights fees and a quarter) did not give its possessor an absolute right to a seat in parliament, and, of course, all such baronies must have been swept away by the Act of 12 Car. II. c. 24, abolishing feudal tenures and whatever depended thereupon. But from the reign of Henry III. (49th year) the barons were summoned to attend the king in council or parliament by ivrit, and thus the dignity ceased to be territorial and became altogether personal. And although the writ, whether addressed to ancient barons or to those who had not before been peers of parliament, contained no words of limitation to the heirs of the person summoned, yet it was laid down by Coke, and has always been accepted, that it ennobles the blood of the person summoned, and that thus the barony becomes heritable by heirs, male or female. A further change by King Richard II. in the llth year of his reign, when he created John Beauchamp de Holt baron of Kidderminster by letters patent, and since that date this mode of conferring the dignity of a baron has been pursued. Dugdale states that the solemn investiture of barons created by patent was performed by the king himself, by enrobing the peer in scarlet, and this form continued till 13 Jac. I., when the lawyers declared that the delivery of the letters patent without ceremony was sufficient. The letters patent express the limits of inheritance of the barony. The usual limit is to the grantee and heirs male of his body: occasionally (as in the case of Lord Brougham) in default of male issue, to a collateral male relative ; and occasionally (as in the case of Lord Nelson) to the heirs of a sister. The coronation robes of a baron are the same as those of an earl, except that he has only two rows of spots on each shoulder; and, in like manner, his parlia mentary robes have but two guards of white fur, with rows of gold lace ; but in other respects they are the same as those of other peers. King Charles II. granted to the barons a coronet, having six large pearls set at equal distances on the chaplet. A baron s cap is the same as a viscount s. His style is Right Honourable; and he is addressed by the king or queen, Eight Trusty and Well Beloved.

Barons of the Exchequer, six judges (a chief baron and five puisne barons) to whom the administration of justice is committed in causes betwixt the king and his subjects relative to matters of revenue. Seldcn, in his Titles of Honour, conjectures that they were originally chosen from among the barons of the kingdom, and hence their name. Barons of the Cinque Ports (originally Hastings, Dover, Hythe, Romney, and Sandwich) were (prior to 1831) members of the House of Commons, elected by the Cinque Ports, two for each port. Their right to the title is recog nized in many old statutes, but in 1606 the use of the term in a message from the Lower House drew forth a protest from the peers, that &quot; they would never acknowledge any man that sitteth in the Lower House to the right or title of a baron of parliament&quot; (Lords 1 Journals). These ports are now under the jurisdiction of a warden.

Baron and Feme, in the English Law, a term used for husband and wife, in relation to each other, who are accounted as one person. Hence, by the old law of evidence the one party was excluded from being evidence for or against the other in civil questions, and a relic of it is still preserved in the criminal law.

Baron and Feme, in Heraldry, is when the coats-of-arms of a man and his wife are borne per pale in the same escutcheon, the man s being always on the dexter side, and the woman s on the sinister. But in this case the woman is supposed not to be an heiress, for then her coat must be borne by the husband on an escutcheon of pretence. See.  BARONET, a name originally given to the lesser laron.t mentioned in the preceding article, but now confined to the lowest grade of our hereditary nobility. The order was instituted by King James I. in 1611, at the suggestion of Sir Robert Cotton, to whom the plan had been submitted by Sir Thomas Sherley of Wiston, its actual inventor. Originally, the creation of this order was merely an expedient to raise money, and the cost of a baronetcy in each case amounted to 1095, exclusive of the fees. The money thus raised was professedly destined for the defence and maintenance of the new plantation in the province of Ulster, but it actually passed at once into the king s exhausted exchequer. According to the instruc tions given to the commissioners appointed for admitting to the new dignity, none were eligible but &quot; men of quality, state of living, and good reputation, worthy of the same, and, at the least, descended of a grandfather (by the father s side) that bore arms, and who have also of certain yearly revenue &quot; 1000 per annum. The number created at first was 200, and the king engaged for himself, his heirs, and successors, that this should not be exceeded; and for himself also promised that no vacancies in the original number should be filled up. Charles I. disregarded the stipulated limitation, and the original terms have never since been carried out. The first twenty patents issued 