Baron and Feme
Encyclopedia
In English law
, Baron and Feme is a phrase used for husband and wife, in relation to each other, who were accounted as one person by coverture
. Hence, by the old law of evidence, the one party was excluded from giving evidence for or against the other in civil
questions, and a relic of this is still preserved in criminal law
.
, Baron and Femme are terms used when the coats-of-arms
of a man and his wife are impaled
, that is borne per pale within in the same escutcheon. The position of the husband's arms, on the dexter
side (to viewer's left), the position of honour, is referred to as baron whilst the paternal arms of the wife are shown in sinister, referred to as femme. This is the normal way of displaying a married couple's arms together. Impalement is not used when the wife is an heraldic heiress
, in which case her arms are displayed in an escutcheon of pretence within her husbands' arms, denoting that the husband is a pretender to the paternal arms of his wife, and that they will descend to the couple's issue.
of the early Norman kings, which class developed into feudal barons
who held their lands from the king by the feudal tenure
per baroniam and were entitled to attend parliament
. The Norman-French word feme/femme simply denotes "woman" or "wife".
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, Baron and Feme is a phrase used for husband and wife, in relation to each other, who were accounted as one person by coverture
Coverture
Coverture was a legal doctrine whereby, upon marriage, a woman's legal rights were subsumed by those of her husband. Coverture was enshrined in the common law of England and the United States throughout most of the 19th century...
. Hence, by the old law of evidence, the one party was excluded from giving evidence for or against the other in civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
questions, and a relic of this is still preserved in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
.
Heraldry
In heraldryHeraldry
Heraldry is the profession, study, or art of creating, granting, and blazoning arms and ruling on questions of rank or protocol, as exercised by an officer of arms. Heraldry comes from Anglo-Norman herald, from the Germanic compound harja-waldaz, "army commander"...
, Baron and Femme are terms used when the coats-of-arms
Coat of arms
A coat of arms is a unique heraldic design on a shield or escutcheon or on a surcoat or tabard used to cover and protect armour and to identify the wearer. Thus the term is often stated as "coat-armour", because it was anciently displayed on the front of a coat of cloth...
of a man and his wife are impaled
Impalement (heraldry)
In heraldry, impalement is the combination of two coats of arms side-by-side in one shield or escutcheon to denote union, most often that of a husband and wife, but also for ecclesiastical use...
, that is borne per pale within in the same escutcheon. The position of the husband's arms, on the dexter
Dexter and sinister
Dexter and sinister are terms used in heraldry to refer to specific locations in an escutcheon bearing a coat of arms and by extension also to a crest. "Dexter" means to the right from the viewpoint of the bearer of the arms, to the left of that of the viewer...
side (to viewer's left), the position of honour, is referred to as baron whilst the paternal arms of the wife are shown in sinister, referred to as femme. This is the normal way of displaying a married couple's arms together. Impalement is not used when the wife is an heraldic heiress
Heraldic heiress
In English heraldry an heraldic heiress is a daughter of deceased man who was entitled to a coat of arms and who carries forward the right to those arms for the benefit of her future male descendants...
, in which case her arms are displayed in an escutcheon of pretence within her husbands' arms, denoting that the husband is a pretender to the paternal arms of his wife, and that they will descend to the couple's issue.
Etymology
The mediaeval Latin word baro, baronis, was used originally to denote a tenant-in-chiefTenant-in-chief
In medieval and early modern European society the term tenant-in-chief, sometimes vassal-in-chief, denoted the nobles who held their lands as tenants directly from king or territorial prince to whom they did homage, as opposed to holding them from another nobleman or senior member of the clergy....
of the early Norman kings, which class developed into feudal barons
English feudal barony
In England, a feudal barony or barony by tenure was a form of Feudal land tenure, namely per baroniam under which the land-holder owed the service of being one of the king's barons. It must be distinguished from a barony, also feudal, but which existed within a county palatine, such as the Barony...
who held their lands from the king by the feudal tenure
Feudal land tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the...
per baroniam and were entitled to attend parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
. The Norman-French word feme/femme simply denotes "woman" or "wife".