BARON is more particularly used among us, for a lord or peer of the lowest class; or a degree of nobility next below that of a viscount, and above that of a knight or baronet. In ancient records the word baron included all the nobility of England, because regularly all noblemen were barons, though they had also a higher dignity. But it hath sometimes happened, that, when an ancient baron hath been raised to a new degree of peerage, in the course of a few generations the two titles have descended differently; one perhaps to the male descendants, the other to the heirs general; whereby the earldom or other superior title hath subsisted without a barony: and there are also modern instances where earls and viscounts have been created without annexing a barony to their other honours: so that now the rule doth not hold universally that all peers are barons.
The original and antiquity of barons has occasioned great inquiries among our English antiquarians. The most probable opinion is supposed to be, that they were the same with our present lords of manors; to which the name of court baron (which is the lord's court, and incident to every manor) gives some countenance. It is said the original name of this dignity in England was barassour, which by the Saxons was changed to thane, and by the Normans into baron. It may be collected from King John's magna charta, that originally all lords of manors, or barons, had seats in the great council or parliament: but such is the deficiency of public records, that the first precept to be found is of no higher date than the 49th year of King Henry III.; which, although it was issued out in the king's name, was nei-
ther by his authority nor by his direction: for, not only the king himself, but his son Prince Edward, and most of the nobility who stood loyal to him, were then prisoners in the hands of the rebellious barons; having been so made in the month of May preceding, at the battle of Lewes, and so continued until the memorable battle of Evesham, which happened in August the year following; when, by the happy escape of Prince Edward, he rescued the king and his adherents out of the hands of Simon Mountfort earl of Leicester. It cannot be doubted but that several parliaments were held by King Henry III. and King Edward I.; yet no record is to be found giving any account thereof (except the 5th of King Edward I.), until the 22d year of the reign of the last mentioned king.
Before the 49th of Henry III. the ancient parliaments consisted of the archbishops, bishops, abbots, earls, and barons. Of these barons there were two sorts: the greater barons, or the king's chief tenants, who held of him in capite by barony; and the lesser barons, who held of the first military service in capite. The former had summons to parliament by several writs; and the latter (i. e. all those who were possessed of thirteen knights fees and a quarter) had a general summons from the sheriff in each county. Thus things continued till the 49th of Henry III. But then, instead of keeping to the old form, the prevailing powers thought fit to summon, not all, but only those of the greater barons who were of their party; and, instead of the lesser barons who came with largo retinues, to send their precepts to the sheriff of each county, to cause two knights in every shire to be chosen, and one or two burgesses for each borough, to represent the body of the people residing in these counties and boroughs; which gave rise to the separation into two houses of parliament. By degrees the title came to be confined to the greater barons, or lords of parliament only; and there were no other barons among the peerage but such as were summoned by writ, in respect of the tenure of their lands or baronies, till Richard II. first made it a mere title of honour, by conferring it on divers persons by his letters patent. See further on this subject the article LAW.
When a baron is called up to the house of peers by writ of summons, the writ is in the king's name, and he is directed to come to the parliament appointed to be held at a certain time and place, and there to treat and advise with his majesty, the prelates, and nobility, about the weighty affairs of the nation. The ceremony of the admission of a baron into the house of peers is thus: He is brought into the house between two barons, who conduct him up to the lord chancellor, his patent or writ of summons being carried by a king at arms, who presents it kneeling to the lord chancellor, who reads it, and then congratulates him on his becoming a member of the house of peers, and invests him with his parliamentary robe. The patent is then delivered to the clerk of the parliament, and the oaths are administered to the new peer, who is then conducted to his seat on the barons bench. Some barons hold their seats by tenure. The first who was raised to this dignity by patent was John de Bexu-champ of Holt Castle, created baron of Kidderminster in Worcestershire, to him and his heirs male, by King Richard II. in the 11th year of his reign. He
invested him with a mantle and cap. The coronation-
robes of a baron are the same as an earl's, except that
he has only two rows of spots on each shoulder. In like
manner, his parliamentary robes have but two guards of
white fur, with rows of gold lace. In other respects
they are the same as other peers. King Charles II.
granted a coronet to the barons. It has six pearls, set
at equal distances on the chaplet. His cap is the same
as a viscount's. His style is Right Honourable; and he
is styled by the king or queen, Right Trusty and Well
Beloved.
BARONS by ancient tenure were those who held
certain territories of the king, who still reserved the
tenure in chief to himself. We also read of barons by
temporal tenure; who are such as hold honours, castles,
manors, as heads of their barony, that is by grand fear-
geanty; by which tenure they were anciently sum-
moned to parliament. But at present a baron by ten-
ure is no lord of parliament, till he be called thither
by writ.
The barons by tenure after the Conquest, were di-
vided into majores and minores, and were summoned
accordingly to parliament; the majores or greater barons,
by immediate writ from the king; the minores,
or lesser barons, by general writ from the high sheriff,
at the king's command.
Anciently they distinguished the greater barons from
the less, by attributing high, and even sovereign juris-
diction, to the former, and only inferior jurisdiction over
smaller matters to the latter.
BARONS of the Exchequer, the four judges to whom
the administration of justice is committed, in causes be-
tween the king and his subjects relating to matters
concerning the revenue. They were formerly barons
of the realm, but of late are generally persons learned
in the laws. Their office is also to look into the ac-
counts of the king, for which reason they have auditors
under them. See EXCHEQUER.
BARONS of the Cinque-ports are members of the house
of commons, elected by the five ports, two for each
port. See the article CINQUE-PORTS.
BARON and Feme, in the English Law, a term used
for husband and wife, in relation to each other: and they
are deemed but one person; so that a wife cannot be
witness for or against her husband, nor he for or against
his wife, except in cases of high treason.
BARON and Feme, in Heraldry, is when the coats of
arms of a man and his wife are born par pale in the
same escutcheon, the man's being always on the dexter
side, and the woman's on the sinister; but here the
woman is supposed not an heiress, for then her coat
must be borne by the husband on an escutcheon of pre-
tence.