Feudal baron

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A feudal baron is a vassal holding a heritable fief called a barony, comprising a specific portion of land, granted by an overlord in return for allegiance and service. Following the end of European feudalism, feudal baronies have largely been superseded by baronies held as a rank of nobility, without any attachment to a fief. However, in Scotland, the feudal dignity of baron remains in existence, and may be bought and sold independently of the land to which it was formerly attached.

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England

Historically, the feudal barons of England were the king's tenants-in-chief, that is to say men who held land by feudal tenure directly from the king as their sole overlord and were granted by him a legal jurisdiction (court baron) over their territory, the barony, comprising several manors. Such men, if not already noblemen, [lower-alpha 1] were ennobled by obtaining such tenure, and had thenceforth an obligation, upon summons by writ, to attend the king's peripatetic court, the earliest form of Parliament and the House of Lords. They thus formed the baronage, which later formed a large part of the peerage of England.

English feudal baronies (and all lesser forms of feudal tenure) were abolished by the Tenures Abolition Act 1660, but the titles/dignities remain. However, long before then the royal summons to attend parliament had been withheld from all but the most powerful feudal barons and had been extended to persons with lesser feudal tenures who had personal qualities fitting them to be royal councillors and thus peers. These latter were barons by writ.

The English feudal barony, or "barony by tenure", now has no legal existence except as an incorporeal hereditament title or dignity. It was the highest form of feudal land tenure, namely per baroniam (Latin for "by barony") under which the land-holder owed the now little understood service of "being one of the king's barons". It must be distinguished from the lesser barony, also feudal, which existed within a county palatine, such as the barony of Halton within the Palatinate of Chester. [lower-alpha 2] Such barons were merely tenants-in-chief of a prince, whose own overlord was the king.

The duties and privileges owed by feudal barons cannot now be defined exactly, but the main duty certainly was the provision of soldiers to the royal feudal army on demand by the king. A further duty, which involved considerable expense and travel, clearly also a privilege, was the attendance at the king's feudal court, the precursor of Parliament. The principal benefits clearly were

The estate-in-land held by barony, if containing a significant castle as its caput and if especially large, that is to say consisting of more than about 20 knight's fees (each loosely equivalent to a manor), was termed an "honour". Constituent manors of a barony were mostly subinfeudated by the baron to his own knights or followers, with a few retained tenantless as his demesne. Most English feudal baronies were converted to baronies of writ or peerage under the Tenures Abolition Act 1660. The baronies not converted became baronies of free socage, a dignity title.

There exist today a very few cases of English families which, had it not been for the 1660 Act, would still be feudal barons of ancient creation. One such is the Berkeley family. Although its Earldom of Berkeley became extinct in 1942 [2] and it recently lost its older peerage title Baron Berkeley to a female line, in 2014 the family still possesses and resides (that is to say retains tenure) as county gentry at Berkeley Castle, the caput of the feudal barony of Berkeley granted by King Henry II (1154-1189) to its direct ancestor in the male line Robert FitzHarding (d.1171), whose son took the surname de Berkeley. [3]

France

Under the Ancien Régime until the abolition of the feudal system in 1789, a French baron was any noble in possession of fief called a barony. As such, possession of the title and the land were in theory inextricably linked. [4] Nevertheless, nobles without any fief of their own might assume the title of baron for themselves.

Under the imperial nobility of Napoleon and the recreated peerage of the Bourbon Restoration, French baronies returned. However, these new baronies were simply titles of nobility and not fiefdoms.

Ireland

Scotland

In contrast to the English equivalent, the Scottish feudal barony retains a dignity preserved by the "Abolition of Feudal Tenure, etc (Scotland) Act 2000". A feudal barony is the only title of dignity legally assignable and able to be legally alienated from the bloodline of its previous possessor. The heraldry and legal determination of ownership of Scottish baronies are governed by the court of the Lord Lyon.

See also

Notes

  1. Several of the men granted feudal baronies by William the Conqueror were of obscure Norman origin who had served conspicuously during the Norman Conquest and had revealed valuable personal qualities to a king seeking to establish his rule in a conquered land (e.g. Turstin FitzRolf, feudal baron of North Cadbury)
  2. Sanders [1] refers to the "Lord" of Halton being the hereditary constable of the County Palatine of Chester, and omits Halton from both his lists

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<span class="mw-page-title-main">English feudal barony</span> Medieval English noble title and type of land tenure

In the kingdom of England, a feudal barony or barony by tenure was the highest degree of feudal land tenure, namely per baroniam, under which the land-holder owed the service of being one of the king's barons. The duties owed by and the privileges granted to feudal barons are not exactly defined, but they involved the duty of providing soldiers to the royal feudal army on demand by the king, and the privilege of attendance at the king's feudal court, the precursor of parliament.

<span class="mw-page-title-main">Feudalism in England</span>

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The feudal barony of Stafford was a feudal barony the caput of which was at Stafford Castle in Staffordshire, England. The feudal barons were subsequently created Barons Stafford (1299) by writ, Earls of Stafford (1351) and Dukes of Buckingham (1444). After the execution of the 3rd Duke in 1521, and his posthumous attainder, the castle and manor of Stafford escheated to the crown, and all the peerage titles were forfeited. However the castle and manor of Stafford were recovered ten years later in 1531 by his eldest son Henry Stafford, 1st Baron Stafford (1501-1563), who was created a baron in 1547. His descendants, much reduced in wealth and prestige, retained possession of Stafford Castle and the widow of the 4th Baron was still seated there during the Civil War when shortly after 1643 it was destroyed by Parliamentarian forces. By the time of the 6th Baron Stafford (d.1640) the family had sunken into poverty and obscurity, and in 1639 he suffered the indignity of being requested by King Charles I to surrender his title on account of his "having no parte of the inheritance of the said Lord Stafford not any other landes or means whatsoever". On his death the following year, unmarried and without issue, the senior male line of the Stafford family was extinguished. However a vestige of the feudal barony may be deemed to have continued in the families of later owners of the manor of Stafford and site of the Castle, after the abolition of feudal tenure in 1661.

References

  1. Sanders, Ivor John (1960). English Baronies: A Study of Their Origin and Descent 1086-1327. Oxford: Clarendon Press. p. 138.
  2. Debrett's Peerage, 1968, p.140
  3. Sanders (1960), p. 13.
  4. Velde, François. "Nobility and Titles in France". Heraldica. Retrieved 22 November 2018.