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Constitutional History. [chap.
The barons, middle ages undergo any change, further than was caused by
the superposition of the new dignities of duke, marquess and
viscount over it. The method of creation was to some extent
affected by the same influences. The year 1295 has been
marked as the point of time from which the regularity of the
baronial summons is held to involve the creation of an heredi-
tary dignity, and so to distinguish the ancient qualification of
Creations barony by tenure from that of barony by writ ɪ. As the earls
and dukes of the reign of Edward III were created by patent
or charter, and generally in parliament, the example was at
some distance of time followed in the case of barons with a
special designation of title. In 1387 Richard II created John
Beauchamp of Holt a baron by patent2, and in 1432 John
Cornwall was created baron of Fanhope in parliament, his
creation being subsequently confirmed by patent3. From the
twenty-fourth year of Henry VI barons were generally made
importance by patent4. The importance of the distinction seems to lie in
tɪon bycrea the fact that the patent of creation defined the line in which
patent. tɪɪɑ here(Jitary peerage was to run, generally to the heirs male
of the body of the person promoted, whilst the barony created
by ancient writ of summons may descend to heiresses. The
political intention of the change has been differently inter-
TheoHes preted : it has been regarded, on the one hand, as an attempt
creation of to establish the right of peerage on more than a mere prescrip-
patent. tive basis, and to control the royal power of continuing or
discontinuing the issue of the summons to the heirs of former
1 Vol. ii. pp. 189-192.
2 Lords’ Fifth Report, p. 81: ‘in unum parium ac baronuɪn regni.’
There was no settled sum of creation money for a baron, nor any distinct
form of investiture unless by robes ; see Elsynge, Parliament, p. 36.
3 Lords’ Fifth Report, p. 213: Ralph Boteler is made baron of Sudeley
by patent in 1441 ; ib. p. 239 : the lord LTsle is made by charter in 1444 ;
ib. p. 245 : Beauchamp of Powick by patent ; ib. p. 256 : so also Rivers ;
p. 263.
4 In the 27 Henry VI Henry Bromflete was created a baron by his
writ of summons, which contained the words ‘ volumus enim vos et heredes
vestros masculos de corpore vestro legitime exeuntes barones de Vescy
existere;’ Prynne, Reg. i. 229. In 1444 ‘by one of the most extraordinary
charters on record, the barony of LTsle of Kingston LTsle was limited to
the person created ‘ and to his heirs and assigns for ever being tenants
of the manor of Kingston LTsle Nicolas, Hist. Peerage (ed. Courthope),
p. 291.
XX.]
Barons Ъу Patent.
453
recipients, a practice tending to make the balance of the house
of lords depend on the court party of the moment; on the
other hand, it has been regarded as a restraint or limitation of
the peerage to a direct line of succession ɪ. The two ideas are
not incompatible, and the result has certainly been a limitation
on the descent of peerages ; but it may be questioned whether
the advisers of Henry VI, who during the period of the change
were playing a very haphazard game, had any deep political
bands a presumptive right to receive a summons. Of the
countless examples of this practice, which applied anciently to
the earldoms also, it may be enough to mention Sir John
obiect in view. After this, as before, the older baronies Baronies
, , held by the
descended to heiresses who, although they could not take their husbands of
places in the assembly of the estates, conveyed to their hus-
Oldcastle, who was summoned as the husband of the heiress of
Cobham, and in common parlance bore the title of lord Cobham ;
Ralph of Monthermer, husband of the widowed Johanna of
Acre, countess of Gloucester, sat as earl of Gloucester during
the minorityof his stepson; Richard Neville gained the earldom
of Salisbury and his son that of Warwick as husbands of the
heiresses. The lords Molines, Willoughby, Fitz Walter, and
many others whose names occur somewhat confusingly during
the wars of the Roses, reached the peerage in this way, and
although some royal act of summons, or creation, or both, was
necessary to complete their status, the usage was not materially
broken down until the system of creation with limitation to
heirs male was established. The descent of the peerage through
females, and the creation of new titles by patent, alike helped
to put an end to the practice of calling the peer by his family
name. Even at the accession of Henry VII very few of the
ancient baronies by writ were held by the direct representatives
in the male line of the barons so summoned by Edward I.
No lady of any rank whatever was ever summoned either in No ladies in
person or by proxy to a full and proper parliament. There parhament,
are instances of countesses, baronesses, and abbesses being
summoned to send proxies to council, or to furnish their mili-
1 See Nicolas, Historic Peerage (ed. Courthope,), p. xlii.