Page:The Peerage, Baronetage and Knightage of the British Empire Part 1.djvu/41

Rh hands of Simon de Montfort, appear to. have been directed to a small part only of the greater barons.

During the next reign the principle of summoning by name only the greater barons by tenure was infringed, and a prerogative was established enabling the King to omit some of the holders of territorial baronies, and to issue a writ of summons to others who had not that qualification. Hence arose a new dignity, which has been denominated a barony by writ. The earliest writs which are recognised as having conferred an hereditary right to a seat in Parliament are those of the 11th year of Edward [. 1283, and three peers owe thieir rank to being heirs of barons summoned in that year.

At a later period was introduced the practice of creating barons by patent. The earliest example of this was in the case of Sir John Beauchamp of Holt created Lord Beauchamp, baron of Kidderminster, by letters patent dated 10 Oct. 11 Ric. II. 1387. The second baron so created was Sir John Cornwall, baron of Fanhope, 11 Hen. VI. 1433. In modern times new dignities are in practice always granted by patent, with express limitation as to their descent, which is usually to the heirs male of the body of the grantee.

A Peerage may be granted for life, but it was decided in 1856, by the House of Lords, that such a grant does not confer the privilege of sitting in Parliament. By Act of Parliament 39 and 40 Vict. c. 59, power was given to create two judges of appeal with the rank of Baron for life, and with the right of sitting in the House of Lords during their term of office.

Baronies by tenure are hold to have ceased. Baronies created by summons are descendible to the heirs general of the body of the person summoned, provided he took his seat under the summons. In default therefore of male issue they will descend to a female heir. If there be several coheirs, the dignity falls into abeyance until, by the extinction of all lines but one, the representation is again vested in a single heir, or until the abeyance is terminated by the Crown in favour of one of the coheirs. This is done in ordinary cases by summoning the person so favoured by the style of the ancient barony. In favour of a female coheir, the abeyance is terminated by patent, and the same practice is followed in the case of a peer, who is summoned to Parliament by a higher title. The only other case in which a right to a seat in Parliament is now conferred by summons is, when a writ is issued to summon the eldest son of a peer having several dignities to sit in one of his father's baronies. If he die in the lifetime of his father, his eldest son is entitled, when of age, to a writ of summons in the same barony.

The Barons wore formerly a plain circle of gold; King Charles II. granted them a coronet, which is surmounted by six large pearls.

VISCOUNTS.

Henry VI. introduced into England this title, which had previously been in use in France; and created John de Beaumont, K.G. 6th Baron, Viscount Beaumont, by letters patent 12 Feb. 1440, with precedency above all Barons. On the accession of James I VI. of Scotland to the English throne he introduced the order into the Scottish peerage, and in 1606 the Viscounts of Fentoun and Haddington were created. This dignity is always conferred by patent.

The golden circle of the coronet of a Viscount is surmounted by fourteen pearls.

EARLS.

Under the Saxon Kings, the governors of shires had the name of Ealdorman, and in documents were styled Princeps, Dux, or Comes. Upon the Norman Conquest the lands of the Saxon nobility were transferred to the followers of the Conqueror, to some of whom was granted the denomination of Comes or Count, which was rendered in English by the title of Earl. They had anciently for support of their state the third penny out of