English feudal barony
In the kingdom of England, a feudal barony or barony by tenure was the highest degree of feudal land tenure, namely per baroniam (Latin for "by barony"), 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.
If the estate-in-land held by barony contained a significant castle as its caput baroniae[a] and if it was especially large – consisting of more than about 20 knight's fees (each loosely equivalent to a manor) – then it was termed an honour. The typical honour had properties scattered over several shires, intermingled with the properties of others. This was a specific policy of the Norman kings, to avoid establishing any one area under the control of a single lord.[1] Usually, though, a more concentrated cluster existed somewhere. Here would lie the caput (head) of the honour, with a castle that gave its name to the honour and served as its administrative headquarters. The term honour is particularly useful for the eleventh and twelfth centuries, before the development of an extensive peerage hierarchy.
This type of barony is different from the type of feudal barony which existed within a county palatine. A county palatine was an independent franchise so its baronies were considered the highest rank of feudal tenure in the county and not the kingdom, such as the barony of Halton within the Palatinate of Chester.[2]
Creation[edit]
William the Conqueror established his favoured followers as barons by enfeoffing them as tenants-in-chief with great fiefdoms to be held per baroniam, a largely standard feudal contract of tenure, common to all his barons. Such barons were not necessarily always from the greater Norman nobles, but were selected often on account of their personal abilities and usefulness. Thus, for instance, Turstin FitzRolf, the relatively humble and obscure knight who had stepped in at the last minute to accept the position of Duke William's standard-bearer at the Battle of Hastings, was granted a barony which comprised well over twenty manors.[3]
Lands forming a barony were often located in several different counties, not necessarily adjoining. The name of such a barony is generally deemed to be the name of the chief manor within it, known as the Caput, Latin for "head", generally assumed to have been the seat or chief residence of the first baron. So, for instance, the barony of Turstin FitzRolf became known as the barony of North Cadbury, Somerset.[3]
The exact date of creation of most feudal baronies cannot be determined, as their founding charters have been lost. Many of them are first recorded in the Domesday Book survey of 1086.
Summons to Parliament[edit]
The privilege which balanced the burden of the servitium debitum was the baron's right to attend the king's council. Originally all barons who held per baroniam received individual writs of summons to attend Parliament. This was a practical measure because the early kings almost continually travelled around the kingdom, taking their court (i.e. administration) with them.
A king only called a parliament, or council, when the need arose for either advice or funding. This lack of a parliamentary schedule meant that the barons needed to be informed when and where to attend. As baronies became fragmented over time due to failure of male heirs and descent via co-heiresses (see below), many of those who held per baroniam became holders of relatively small fiefdoms. Eventually, the king refused to summon such minor nobles to Parliament by personal writ, sending instead a general writ of summons to the sheriff of each shire, who was to summon only representatives of these so-called lesser barons. The greater barons, who retained sufficient power to insist upon it, continued to receive personal summonses. The king came to realise, from the complacency of the lesser barons with this new procedure, that in practice it was not tenure per baroniam which determined attendance at Parliament, but receipt of a writ of summons originated by himself.
The next logical development was that the king started issuing writs to persons who did not hold per baroniam and who were not therefore feudal barons, but "barons by writ". The reason for summoning by writ was based on personal characteristics, for example the man summoned might be one of exceptional judgement or have valuable military skills. The arbitrary summons by personal writ signalled the start of the decline of feudalism, eventually evolving into summons by public proclamation in the form of letters patent.
Deemed feudal barons[edit]
The higher prelates such as archbishops and bishops were deemed to hold per baroniam, and were thus members of the baronage entitled to attend Parliament, indeed they formed the greatest grouping of all. Marcher lords in Wales often held their lordships by right of conquest and appear to have been deemed feudal barons. The Barons of the Cinque Ports were also deemed feudal barons by virtue of their military service at sea,[6] and were thus entitled to attend Parliament.
Baronial relief[edit]
Baronial relief was payable by an heir so that he might lawfully take possession of his inheritance.[7] It was a form of one-off taxation, or more accurately a variety of "feudal incident", levyable by the King on his tenants-in-chief for a variety of reasons. A prospective heir to a barony generally paid £100 in baronial relief for his inheritance.[7] The term "relief" implies "elevation", both words being derived from the Latin levo, to raise up, into a position of honour.
Where a barony was split into two, for example on the death of a baron leaving two co-heiresses, each daughter's husband would become a baron in respect of his moiety (mediaeval French for "half"), paying half of the full baronial relief. A tenant-in-chief could be the lord of fractions of several different baronies, if he or his ancestors had married co-heiresses. The tenure of even the smallest fraction of a barony conferred baronial status on the lord of these lands.[7] This natural fragmentation of the baronies led to great difficulties within the royal administration as the king relied on an ever-increasing number of men responsible for supplying soldiers for the royal army, and the records of the identities of these fractional barons became more complex and unreliable. The early English jurist Henry de Bracton (died 1268) was one of the first writers to examine the concept of the feudal barony.