The Antiquity of the Dignity of Barons, and the sundry uses of the Name.
IT seemeth that the Dignity was more an∣cient than the Name; for in the ancient Constitutions there is no mention made of the name of Barons; howbeit, the Learned In∣terpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores, and afterwards cal∣led Capitanei. For of the Valvasors, which are thought to be the Barons Valvasores Mi∣nores, and Valvasini, or Valvasores Mini∣mi. The like Dignity (before the Conquest) had those which of the English-Saxons were called Thaines. Mills, fol. 28. saith, Barons were in France from the beginning; never∣theless, the name of Baron was not much used in this Kingdom until the Norman Con∣quest, after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons: For as they in general and large signification did sometimes use the same to the sense and meaning, and import of a Freeman, born of a Free Parentage, or such like: So did the Normans use the word Baron, and therefore called their best esteemed Towns and Boroughs by the name of Barons: And so the Citizens of London were called Barons Londonni; divers ancient Monuments of whom also Britan. maketh mention, fol. 272. & lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons. And the Barons of Warwick in the Record of Domesday: and unto our time, the Free Bur∣gesses of the Five priviledged Ports; and for that also divers of the Nobility of Barons, as well Spiritual as Temporal, did in ancient time sit in the Exchequer to determine the matters there arising. The Judges of that Court have been, time out of mind, called Ba∣rons of the Exchequer. And ••••lliam de la Poole was created a Baron by King Edward the Third, and made Lord Chief Baron of the Exchequer.
Moreover, as the English Saxons had two kinds of Thaines, the like hath been observed as touching Barons; ••or the King, and the Monarchs of the Realm have their immedi∣ate Barons, being the Peers of the Realm: And in like manner certain others of the No∣bility, especially the Earls which have Ju∣risdiction Palatine, and Earls-Marshal, whose Countries have confined upon the Coasts of the Enemy, and had under them for their better de∣fence, a kind of Barons; as namely under the County Palatine of Chester were these Barons, viz. the Barons of Hilton, Mountale, Molebanck, Shipbrooke, Malpas, Massa, Kinderton, Stockport, &c. The Earldom of Pembroke be∣ing first erected by Arnulphus Montgomery that conquered part of Wales; and therefore the Earl thereof being an Earl-Marshal, had also under him his Barons, as by the Parliament Rolls 18 Edw. 1. doth appear.
It hath been therefore a common Opinion received, That every Earldom in times past had under it Ten Barons, and every Baron Ten Knights Fees holden of him; and that those which have Four Knights Fees were usually called and promoted to the Degree of a Ba∣ron.
Also Lords and Proprietors of Mannors were, in respect of them in ancient remem∣brance, called Barons (but absolutely) and the Courts of their Mannors called thereof Courts Barons.
It resteth now, for the more explanation of the use of the name of Barons, that we call to re∣membrance that which hath bin afore spoken. That the Custome of our Country is, that if a Baron be created Earl, the eldest Son of the said Earl taketh upon him, in the life time of his Father, the Name and Title of the Baro∣ny, although he want the priviledges belong∣ing to a Baron.