A Barony by Writ represents one of the oldest forms of peerage creation in the English constitution, distinct from the later practice of creation by letters patent. Under this system, a commoner became a peer not through a formal grant of title, but by receiving a personal writ of summons to Parliament from the Crown, followed by the act of taking their seat. While these writs were initially personal and discretionary, the legal doctrine evolved by the seventeenth century (notably in the Clifton Case of 1673) to hold that such a summons, once acted upon, created an inheritable fee simple in the dignity.
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Peerage
Barony by Writ
//ˈbærəni baɪ rɪt//
A hereditary dignity in the Peerage of England created by the sovereign summoning an individual to sit in Parliament by a writ of summons.
Etymology
From the Middle English 'baroun' (man of rank), originating from the Old French and Late Latin 'baro', coupled with the Old English 'writ', signifying a formal written command.
Historical Context
Emerging in the late 13th century during the reign of Edward I, this method of creation reflects the transition from feudal tenure (land-based lordship) to personal peerage. It is significant for allowing titles to pass through the female line to 'heirs general', often leading to titles falling into abeyance between co-heirs.
Examples
- Barony of de Ros (created 1264), the premier barony of England.
- Barony of Mowbray (created 1283), a foundational example of parliamentary summons.
- Barony of Grey de Ruthyn (created 1324), illustrating the descent to heirs general.