"Among the greater nobility, the barons hav next place. And here, tho I am not ignorant what the lerned write concerning the signification of this word in Cicero; yet I am willing to cloze with the opinion of Isidore, and of an ancient grammarian, who will hav barons to be mercenary soldiers. This seems to be pretty plain from that known place of Hirtius in the Alexandrian war; "they run to the assistance of Cassius; for he always used to hav barons, and a good number of soldiers for sudden occasions, with their weapons reddy, about him, and separate from the rest." Nor iz the old Latin and Greek Glossary against us, when it translates baro by ανηρ a man; az always in the laws of the Longobards, baro iz used for a man.
The etymologies of this name which some hav fancied, do not by any meens please me. The French heralds will hav barons to be so called from par-hommes in French; that iz, of equal dignity; the English lawyers say it iz from robora belli, the sinews of war; some Germans think it a contraction of banner-heirs, i. e. standard bearers; and Isidore derives it from bareis, i. e. grave or weighty. Alciatus thinks the name comes from the berones, an ancient peeple of Spain, which he says were formerly stipendiaries; but that other, from the German bar, i. e. a free man, pleezes me better.
The precise time when this name came into our island, I hav not yet discovered: The Britons disown it; and there iz not the leest mention made of it in the Saxon laws, nor iz it reckoned in Alfrick's Glossary among the titles of honor; for there, dominus iz translated laford, which we hav contracted into lord. And among the Danes, the free lords, such az our barons are at this day, were called thanes, and (and az Andreas Velleius tells us) are termed so still. In Burgundy, the use of this name iz very ancient;[128] for Gregory of Tours says thus, "the barons of Burgundy, az well bishops az others of the laity, &c." The first mention of a baron in England, that I hav met with, iz in a fragment of the laws of Canutus, king of England and Denmark, and even there, according to different copies, it iz read vironus, baronus, and thani. But that the barons are there ment, iz plain from the laws of William the conqueror; in which that word in the laws of Canutus iz translated by baro. Take the whole passage. "Let the exercitals[129] be so moderated, az to be tolerable. An erl shall provide such things az are fitting, eight horses, four saddled and four unsaddled; four steel caps, and four coats of mail; eight javelins,[130] and az many shields; four swords, and two hundred mancae[131] of gold. But a kings viron or baron, who iz next to him, shall hav four horses, two saddled and two unsaddled; two swords, four javelins, and az many shields, one steel cap, and fifty mancae of gold."
In the beginning of the Norman times, the valvasors and thanes were reckoned in order and dignity, next to the erls and barons, and the greater valvasors (if we may beleev thoze who hav written concerning feudal tenures) were the same that barons are now. So that baro may seem to hav come from that name; which time haz, by little and little, made somewhat smoother. But even then it was waz not a title of any great honor; for in thoze times there were erls who had their barons under them: And I remember, I hav red in the ancient constitutions of France, that there were ten barons under one erl, and az many cheeftans[132] under a baron. It iz likewise certain, that there are charters since the Norman conquest, wherein the erls write thus: "To all my barons, az well French az English, greeting, &c." Nay, even citizens of the better rank were called barons; so in domesday book the citizens of Warwick are stiled barons; and the citizens of London, with the inhabitants of the cinque ports, had the same title given them. But a few years after, az senators of Rome were chosen according to their estates, so they were accounted barons with us, who held their lands by an entire barony, or thirteen knights fees, and one third of a knights fee, every fee (az we hav had it in ancient book) being computed at twenty pounds, which in all make four hundred marks; for that waz the value of one entire barony; and they who had land and revenues to this value, were wont to be summoned to parliament. It seems to hav been a dignity, with jurisdiction, which our court-barons in some mezure show.[133] And the great number of barons iz an argument that they were such lords who could hold pleez within their own jurisdiction, (like thoze whom the Germans call free-heirs) especially if they had their castles; for then they answered the definition of Baldus, the famous lawyer, who calls him a baron, that had a mere and mixt government in some castle, by the grant of the prince. And (az some would hav it) all who held baronies, seem to hav claimed that honor; so that some of our lawyers think, that baron and barony, erl and erldom, duke and dukedom, king and kingdom, were in the nature of conjugates. It iz certain, that in that age, king Henry III, reckoned one hundred and fifty baronies in England. From hence it iz, that in the charters and histories of that age, almost all noblemen are stiled barons; a name, which in thoze times waz exceeding honorable; the baronage of England including in a manner all the prime orders of the kingdom, dukes, marquisses, erls and barons.
But that name haz been much more honorable since king Henry III, out of such a multitude, which waz seditious and turbulent, summoned to parliament by writ, some of the best[134] only; "for he," (the words are taken out of an author of considerable antiquity) "after thoze great disturbances and heart-burnings between himself, Simon de Montefort, and other barons, were laid; appointed and ordained, that all such erls and barons of the kingdom of England, to whom the king should vouchsafe to direct hiz writs of summons, should come to hiz parliament, and no others, unless their lord the king should pleeze to direct other writs to them also." And what he began a little before hiz deth, waz strictly observed by Edward the I, and hiz successors. From that time they were only looked on as barons of the kingdom, whom the king by such writs of summons had called to parliament; until Richard the II, in the eleventh year of hiz reign, created John de Beauchamp of Holt, baron of Herderminster, by the delivery of a diploma, bearing date the tenth of October. From which time, the kings hav often conferred that honor by diploma, (or rather honorary letters) and the putting on of an honorary long robe. And that way of creating barons by diploma, and the other of writs of summons, are in use at this day; tho they are mentioned therein not by the name of baron, but of chevalier. They who are thus created, are called barons of parliament, barons of the kingdom, and barons honorary, to distinguish them from thoze who are commonly called barons according to the ancient constitution; az thoze of Burford and Walton, and such az were barons to the counts Palatine of Chester, and of Penbroch, who were feudal, and barons by tenure only."
This account of Camden's, iz alone sufficient to convince me, that my opinions are right respecting the origin and signification of the word baron. But this author cleerly mistakes the meening in the passage quoted from Hirtius. "Cassius used to hav barons, and a good number of soldiers, for sudden occasions." Insted of mercenary soldiers, barons here meens the comites, retainers, who were chosen men, and who served their cheef voluntarily. Theze attached themselves to the person of the cheef, az a military guard; at the same time, they served to gratify the pride of the hero: Hæc dignitas, hæ vires, says Tacitus.
I hav before remarked that it iz probable bar and vir are the same word. Camden tells us, the Greek Glossary translates baro by ανηρ, and in the laws of William, the Norman, the vironus, baronus and thanus, found in the laws of Canute, are translated by baron or viron. B and v are convertible letters, and theze facts amount to a convincing proof that bar and vir are the same word, or from the same root. The progress of the word iz this. First it denoted a man or husband, vir; afterwards a freeman or proprietor of land, bar, baron, viron; in proportion az the valu of lands encreesed in Europe, the proprietors acquired welth and influence; they claimed exclusiv judicial powers on their manors, and thus the words baron and peer came to signify judge. Under the feudal system, theze barons became princes on their territories, subordinate only to the king or lord paramount. Power attends property, and theze barons finally assumed the right of controlling kings, and trampling on their tenants. Where the barons and princes combined, they established despotic authority over the peeple; when they quarrelled, one party or the other had recourse to the commons for assistance, and waz compelled to grant them considerable privileges.
The foregoing explanation of baron iz confirmed by another fact now existing. In law, a husband iz called baron to this day, baron and femme, husband and wife. Agreeable to this idea, the terms used in ancient infeudations by the tenant or vassal, were, devenio vester homo; I become your man; that iz, your baron, in the feudal sense of the word. And a jury, in conformity with the same idea, were anciently called homagium, the homage, or manhood; that iz, a court of barons, landholders or free tenants.
I would only remark further, that Camden iz probably mistaken in saying the Britons disown the word baron. In Welsh, barn signifies a judge, and there can be little dout that the word iz from the same original; being written without the vowel o, agreeable to the Hebrew manner.
Different nations are more or less inclined to uze the vocal sounds and aspirates, according to the different genius of their languages. So in Irish the word waz pronounced with an aspirate, barhon, or brehon; for there iz little room to dout this old Irish word iz from the same root. At the time of the conquest of Ireland by Henry II, the Irish were governed by the brehon law, so stiled from brehon, the Irish name of judges.[135] We are also told that the ancient Irish had a custom of deciding causes by twelv men[136] ; and authors testify that the same practice existed in ancient Britain.[137] Their decision iz called by the erly writers, duodecem virale judicium. In short the universality of this word and the trial by twelv, iz a strong proof, that all the nations of Europe sprang from a common stock.[138]