Feudal baron

Last updated

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 Following the end of European feudalism, feudal baronies have largely been superseded by baronies held as a rank of nobility, without any attachment to a fief.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.

Contents

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 dignity of baron is a non-peerage rank of feudal origin in the Baronage of Scotland and is protected by the "Abolition of Feudal Tenure, etc (Scotland) Act 2000" recognised by the crown as a title of nobility with status of minor baron. A Scottish barony is the only UK title of nobility able to be legally alienated from the bloodline of its previous possessor. Hence the Scottish equivalent of an English peerage baron is a Lord of Parliament. The heraldry of Scottish baronies is 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

Related Research Articles

<span class="mw-page-title-main">Peerages in the United Kingdom</span> Noble titles in the United Kingdom

Peerages in the United Kingdom form a legal system comprising both hereditary and lifetime titles, composed of various ranks, and within the framework of the Constitution of the United Kingdom form a constituent part of the legislative process and the British honours system. The British monarch is considered the fount of honour and is notionally the only person who can grant peerages, though there are many conventions about how this power is used, especially at the request of the British government. The term peerage can be used both collectively to refer to the entire body of titled nobility, and individually to refer to a specific title. British peerage title holders are termed peers of the Realm.

<span class="mw-page-title-main">Baron</span> Title of nobility in Europe

Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, but lower than a viscount or count. Often, barons hold their fief – their lands and income – directly from the monarch. Barons are less often the vassals of other nobles. In many kingdoms, they were entitled to wear a smaller form of a crown called a coronet.

<span class="mw-page-title-main">Baron Percy</span> Extinct barony in the Peerage of England

The title Baron Percy has been created several times in the Peerage of England. The first, soon after 1066, a feudal barony rather than a barony by writ, which continued in parallel with the later baronies by writ, until the abolition of feudal tenure by the Tenures Abolition Act 1660. The second, created by writ in 1299, became extinct in 1517. The third, created by writ in 1557, became extinct in 1670. The present creation was in 1722, by writ of summons.

<span class="mw-page-title-main">Baron Berkeley</span> Title in the Peerage of England

The title Baron Berkeley originated as a feudal title and was subsequently created twice in the Peerage of England by writ. It was first granted by writ to Thomas de Berkeley, 1st Baron Berkeley (1245–1321), 6th feudal Baron Berkeley, in 1295, but the title of that creation became extinct at the death of his great-great-grandson, the fifth Baron by writ, when no male heirs to the barony by writ remained, although the feudal barony continued. The next creation by writ was in 1421, for the last baron's nephew and heir James Berkeley. His son and successor William was created Viscount Berkeley in 1481, Earl of Nottingham in 1483, and Marquess of Berkeley in 1488. He had no surviving male issue, so the Marquessate and his other non-inherited titles became extinct on his death in 1491, whilst the barony passed de jure to his younger brother Maurice. However, William had disinherited Maurice because he considered him to have brought shame on the noble House of Berkeley by marrying beneath his status to Isabel, daughter of Philip Mead of Wraxhall, an Alderman and Mayor of Bristol. Instead, he bequeathed the castle, lands and lordships comprising the Barony of Berkeley to King Henry VII and his heirs male, failing which to descend to William's own rightful heirs. Thus on the death of King Edward VI in 1553, Henry VII's unmarried grandson, the Berkeley inheritance returned to the family. Therefore, Maurice and his descendants from 1492 to 1553 were de jure barons only, until the return of the title to the senior heir Henry, becoming de facto 7th Baron in 1553. Upon his death he was succeeded by his relative George Harding.

<span class="mw-page-title-main">Lord of the manor</span> Landholder of a rural estate

Lord of the manor is a title that, in Anglo-Saxon England and Norman England, referred to the landholder of a rural estate. The titles date to the English feudal system. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people. The title is known as Breyr in Welsh.

The history of the British peerage, a system of nobility found in the United Kingdom, stretches over the last thousand years. The current form of the British peerage has been a process of development. While the ranks of baron and earl predate the British peerage itself, the ranks of duke and marquess were introduced to England in the 14th century. The rank of viscount came later, in the mid-15th century. Peers were summoned to Parliament, forming the House of Lords.

False titles of nobility or royal title scams are claimed titles of social rank that have been fabricated or assumed by an individual or family without recognition by the authorities of a country in which titles of nobility exist or once existed. They have received an increasing amount of press attention, as more schemes that purport to confer or sell such honorifics are promoted on the internet. Concern about the use of titles which lack legal standing or a basis in tradition has prompted increased vigilance and denunciation, although under English common law a person may choose to be known by any name they see fit as long as it is not done to "commit fraud or evade an obligation".

<span class="mw-page-title-main">Tenant-in-chief</span> Person holding land directly of the king

In medieval and early modern Europe, a tenant-in-chief was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them from another nobleman or senior member of the clergy. The tenure was one which denoted great honour, but also carried heavy responsibilities. The tenants-in-chief were originally responsible for providing knights and soldiers for the king's feudal army.

<span class="mw-page-title-main">Baronage of Scotland</span> Scottish baronage, and a list of barons and their baronies

In Scotland, a Baron or Baroness is a rank of the ancient nobility of the Baronage of Scotland, a title of honour, and refers to the holder of a barony, formerly a feudal superiority or prescriptive barony attached to land erected into a free barony by Crown Charter, this being the status of a minor baron, recognised by the crown as noble, but not a peer.

<span class="mw-page-title-main">Knight-service</span> Land tenure under the feudal system

Knight-service was a form of feudal land tenure under which a knight held a fief or estate of land termed a knight's fee from an overlord conditional on him as a tenant performing military service for his overlord.

<span class="mw-page-title-main">Berkeley family</span> Aristocratic English family

The Berkeley family is an ancient English noble family. It is one of only five families in Britain that can trace its patrilineal descent back to an Anglo-Saxon ancestor. The Berkeley family retains possession of much of the lands it held from the 11th and 12th centuries, centred on Berkeley Castle in Gloucestershire, which still belongs to the family.

The British nobility is made up of the peerage and the (landed) gentry. The nobility of its four constituent home nations has played a major role in shaping the history of the country, although the hereditary peerage now retain only the rights to stand for election to the House of Lords, dining rights there, position in the formal order of precedence, the right to certain titles, and the right to an audience with the monarch.

<span class="mw-page-title-main">Lords in the Baronage of Scotland</span> Baronial title of Scottish ancient nobility, and a list of lordships

A Lord in the Baronage of Scotland is an ancient title of nobility, held in baroneum, which Latin term means that its holder, who is a lord, is also always a baron. The holder may or may not be a Lord of Regality, which meant that the holder was appointed by the Crown and had the power of "pit and gallows", meaning the power to authorise the death sentence.

<span class="mw-page-title-main">Baronage</span>

In England, the baronage was the collectively inclusive term denoting all members of the feudal nobility, as observed by the constitutional authority Edward Coke. It was replaced eventually by the term peerage.

<span class="mw-page-title-main">Earls, Marquises and Dukes in the Baronage of Scotland</span> Baronial title of Scottish ancient nobility

An Earl/Marquis/Duke in the Baronage of Scotland is an ancient title of nobility that is held en baroneum, which means that its holder, who is a feudal earl/marquis/duke, is also always a feudal baron. The holder may or may not be a Lord of Regality, which meant that the holder was appointed by the Crown and had the power of "pit and gallows", meaning the power to authorise the death sentence.

<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 Magnum Concilium, the precursor of parliament.

In Ireland, a feudal barony is a customary title of minor nobility, similar to a title in the Baronage of Scotland. The person who holds an Irish feudal barony is always referred to as a baron. However, unlike peers in the British House of Lords, they did not necessarily hold a hereditary peerage title. As a result, feudal barons were not automatically entitled to seats in the Irish House of Lords by virtue of their barony alone. This distinction was noted by the Dublin Government in 1614, which observed that while many "gentlemen" in Ireland were called Baron, "Never was any of them Lord Baron nor summoned to any Parliament". In other words, the title of feudal baron did not in itself confer membership or voting rights in the Irish House of Lords.

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

Feudalism as practiced in the Kingdoms of England during the medieval period was a state of human society that organized political and military leadership and force around a stratified formal structure based on land tenure. As a military defence and socio-economic paradigm designed to direct the wealth of the land to the king while it levied military troops to his causes, feudal society was ordered around relationships derived from the holding of land. Such landholdings are termed fiefdoms, traders, fiefs, or fees.

<span class="mw-page-title-main">Earl of Arran (Scotland)</span>

Earl of Arran is a title in the Peerage of Scotland. It is not to be confused with the title Earl of Arran in the Peerage of Ireland. The two titles refer to different places: the Isle of Arran in Scotland, and the Aran Islands in Ireland. The Scottish earldom is a subsidiary title of the Duke of Hamilton, whereas the Irish earldom is a separate title held by the Gore family.

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.