British Quarterly Review, American Edition, Vol. LIV: July and October, 1871Various
History
British Quarterly Review, American Edition, Vol. LIV: July and October, 1871
Various
English periodicals
that of 'baron,' which originally designated those persons who held
lands of a superior by military and other services, and who were bound
to give attendance in the court of the superior, and assist in the
business there transacted. In plain language, these ancient titles
indicated _appointments_ for life of various kinds, or duties
connected with property which, as a rule, had been bestowed as a
reward for merit.
'From virtue first began,
The difference that distinguished man from man;
He claimed no title from descent of blood,
But that which made him noble made him good.'[31]
Such being the origin of the British titles of nobility, we pass to
the origin of the aggregate peerage in their position as a separate
and hereditary branch of the legislature. It is well ascertained that
the Saxon kings were not authorized to make new laws or impose taxes
without the sanction of the 'witan,' in which the Thanes and the
prelates of the church had seats. It is also certain that in Normandy
there was a council of Norman barons, which the dukes were bound to
consult on all important occasions. The Anglo-Norman kings of England
continued to recognise the custom, and duly summoned and consulted
their great council. All who held land immediately from the Crown had
a right to attend, and these were originally designated the king's
barons. Besides these, the prelates and the principal abbots and
priors were expected to attend. No other persons had the right to
appear except in the attitude of petitioners. It is probable that many
of the Crown tenants found it inconvenient and expensive to be present
as regularly as the great proprietors, and by degrees the title of
'peer' and 'baron,' which at first had been common to all the king's
immediate tenants, came to be applied to a few great feudatories of
the Crown. This state of things is actually recognised in Magna Charta
in these words,--'We shall cause the archbishops, bishops, abbots,
earls, and _greater barons_ to be separately summoned by our letters.'
Here, then, we have the origin of the temporal peers of the realm in
their own House. The temporal peerage was evidently a body of the most
powerful landowners. Now, at that time and for many years after, there
was no legal power of devising real estates by will. The estates
descended from heir to heir, and the successor of a great feudal baron
came in course of time to be regarded as standing in the position of
his predecessors as to the right to be summoned by letters patent to
the royal council. Thus the notion of hereditary descent became
associated with the position and privileges of a great baron. At a
later period the status of peerage was extended to others, who were
not tenants in chief, but were summoned by writ to take their places
in the council. Still later, the sovereign took upon himself to
_create_ peerages by letters patent, which seem to have conferred the
privilege of hereditary descent.
Public-domain text, read in full here on John Shaqi.
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