BAR 
flie marriage a. vinculo matrimonii, the wife during the life 
of the baron may enter by liar. 32 Hen. VIII. c. 28. But, 
it' after fuch alienation and divorce the baron dies, fhe is 
put to her cut in vita ante divortium ; and yet the words of 
the ftatute are, that fuch alienation (lull be void, but this 
(hall be intended to toll .the gui in vilp ., Mo. 58 pi, 164. 
Pafch. 8 Eiiz. Broughton v. Conway. 
Divorce caimi adulterii of the hufband ; afterwards the 
wife lues in the fp.iritual court for a legacy ; the executor 
pleads the releafe of the baron ; the releafe binds tire wife, 
for the vinculum matrimonii continues. C' o. Eiiz. 908. 1 Salk. 
115. Holt held, that if a feme' covert after divorced 
menja. et thoro, (ties for a legacy, which, if recovered, 
conies to her hufband, there the hufband ma.y releafe it, 
'becaufe there is no alimony : and, if he may releafe the 
duty, he may releafe the cofts. 1 Pern. 261. A divorce 
was a menja et thoro, and then the hufband dies ihteftate. 
The wife by bill prayed afliftance as to dower and admi- 
niftration (it being granted to another) and diftribution. 
The mafter of fhe rolls bid her go to law to try if (lie was 
entitled to her dow'er, there being no, impediment, and as 
to that difmiffed the bill; and, as to the adminiftration, 
the granting that is in the ecclefiaflical court; but the dif- 
tribution more properly belongs to this court ; but, fince 
in that court fhe is fuch a wife as is not inti tied to admi- 
niflration, he difmifled tlie bill as to diftribution too, and 
laid, if they could repel that fentenoe, fhe then would be 
intitled to diftribution. Ch. Prec. tit. In cafe of a divorce 
e menja et thoro the law allows alimony to the wife : which 
is that allowance which is made to a woman for her ftip- 
port out of the hufband’s eflate, being fettled at the dif- 
cretion of the ecclefiaflical judge, on confideration of all 
the circumftances of the cafe. And the ecclefiaflical court 
is the proper court in which to fue for alimony. Het. 69. 
This is fometimes called her ejovers, for which, if the 
hufband re fufes payment there is (befides the ordinary pro- 
cefs of excommunication in the ecclefiaflical court) a writ 
at common law de ejoveriis habendis, in order to recover it. 
i Lev. 6. It is generally proportioned to the rank and qua¬ 
lity of the parties; but, in cafe of an elopement and living 
with an adulterer, the law allows her no alimony. Corral. 1 
Jnfl. 235 a. 12 Rep. 30. A bill may be brought in Chan¬ 
cery for a fpecific performance of an agreement by the 
iiufband with a third perfon, for a feparate maintenance 
of the wife ; notwithfianding that alimony belongs to the 
/piritual court. Treat. Eq. 39. 
The court of chancery has decreed the wife a feparate 
maintenance out of a truft fund on account of the cruelty 
and ill-behaviour of the hufband, though there was no 
evidence of a divorce or agreement that tire fund in drf- 
pute fhonld be fo applied. 2 Vcrn. 752. And in another 
cafe, the hufband having quitted the kingdom, lord Hard- 
wicke decreed tlie wire tlie interefl of a truft fund till he 
fhotild return and maintain her as he ought. 2 Aik. $6, 
Yet in a fubfequent cafe lord Hardwicke obfetves, that 
he could find no decree to compel a hufband to pay a fe¬ 
parate maintenance to his wife, except .upon an agreement 
between them, and even then unwillingly. 3 Aik. 547. 
And this latter opinion feetvts mod reconcilable with prin¬ 
ciple ; for the cafe of a divorce propter javitiam may be 
confidered as an implied agreement ; and, if there be an 
exprefs or implied agreement, there feetns no doubt, but 
that courts of equity may, concurrently with the fpiritual 
court, in proceeding upon it, decree a feparate main’e- 
nance. Wood’s LnJ. 62. 2 Vern. 386. Guthv. Guth, MSS. 
The fpiritual court however would be the more proper 
jurifdidtion, if it adled in rem. Lit. Rep. 78. zAtk. ^ii. 
But if, after an agreement between hufband and wife to 
live feparate, they appear to have cohabited, equity will 
confider the agreement as waived thereby. Fletcher v. Flet¬ 
cher, Mitch. 1788. See Fonblanque’s Treat. Eq-. 96,7. Where, 
on a feparation, lands are conveyed by the baron in truft 
for the feme, chancery will not bar the feme from fuing 
the baron iii the truftee’s name, and a furrender or releafe 
by the baron fhall not be made ufe of againft tlie feme. 
BAR 751 
2 Chan. Ca. 102. A woman living feparate from her liuf* 
band, and having a feparate maintenance, com rafts debts. 
The creditors, by a bill in this court, may follow the fe- 
perate maintenance wliilft it continues ; but when that is 
determined, and the hufband dead, they cannot by a bill 
charge tlie jointure with the debts: by lord keeper North ; 
and the rather, becaufe the executor of the hufband, who 
may have paid the debt, is no party. Vern. 326. Where 
tlie hufband, during his cohabitation with the wife, makes 
her an allowance of fo much a-year for her expences, if 
(lie out of her own good hotifewifery faves any thing out 
of it, this will be tlie hufbana’s eftate, and he (hall reap 
the benefit of bis wife’s frugality ; becaufe, w hen he agrees 
to allow her a certain fum yearly, tlie end of the agree¬ 
ment is, that file maybe provided with clothes and other 
neceftaries, and whatfoever is faved out of this redounds 
to the hufband, per lord keeper Finch. Freem. Rep. 304. 
A term was created on the marriage of A. with B. for 
railing. 200!. a year for pin-money, .and in the f'ettlc- 
ment A. convenanted for payment of it. There was an 
art-ear of one year at A.’s death, which was decreed, be¬ 
caufe of the covenant to be charged on a trull-eftate fettled 
. for payment of debts, it being in arrear for one year 
only ; Jecus had it been in arrear for feveral years. Chan. 
Prec. 26. The plaintiff’s relation (to whom he was heir) • 
allowed the-wife pin-money; which being in arrear, he 
gave her a note to this purpofe; 1 am indebted to my wife 
icol. which became due to her fuch a day ; after by his 
will he makes provifion out of his lands for payment of all' 
his debts, and all monies which he owed to any perfon in 
truft for his wife; and the queftion was, whether the iool. 
was to be paid within this truft ; and my lord keeper de¬ 
creed not; for in point of law it was no debt, becaufe a 
man cannot be indebted to his wife; and it was not money 
due to any in truft for her. Hil. 1701. between Cornwall 
and the earl, of Montague. But quaere-, for the teftator 
looked on this as a debt, and feems to intend to provide 
for it by his will. Abr. Ex. Ca. 66. 
Where the wife hath a feparate allowance made before 
marriage, and buys jewels with the money ariling there¬ 
out, they will not be affets liable to the hufband’s debts. 
Chan. Prec. 295*. Where there is a provifion for the wife’s 
feparate ufe for clothes, if the hufband finds her clothes, 
this will bar the wife’s claim ; nor is it material whether 
the allowance be provided out of the eftate which was ori¬ 
ginally tlie hu(band’s, or out of what was her own eftate ;. 
for in both cafes her not having demanded it for feveral 
years together, fhall be conftrued a confent from her that 
he fliould receive it; per lord C. Macclesfield. 2 P. Wms. 82, 
83. So where 50I. a year was referved for clothes and 
private expences, fecured by a term for years, and ten years 
after the hufband died, and foon after the wife died ; the 
executors in equity demanded 500I. for ten years arrear of 
this pin-money ; but it appearing that the hufband main¬ 
tained her, and no proof that fhe ever demanded it, the 
claim was difallowed. 2 P. Wms. 341. For other particu¬ 
lars relative to man and wife, fee Marriage. 
Baron and Feme, in heraldry, is when the coats of 
arms of a man and his wife are borne par pale in the fame 
efcutcheon, the man’s being always on the dexter fide, and 
the woman’s on the finifter; but here the woman is fup- 
pofed not an heirefs, for then her coat nnvft be borne by 
the hufband on an efcutcheon of pretence. 
Baron of Beef is when the two firloins are not cut 
afundc-r, but joined together by tlie end of the backbone. 
B A'RON AGE,y. The body of barons and peers.—His 
charters of the liberties of England, and of the foreft, 
were hardly, and with difficulty, gained by his baronage at 
Staines, A. D. 1215. Hale. —The dignity of a baron. The 
land which gives title to a baron. 
BA'RONESS,/i [baronrja , Jtal. baronijfa, Lat.] Aha¬ 
ron’s lady. 
BA'RONET,yi [of baron, and et, diminutive termi- 
nation.] A dignity or degree of honour next beneath a 
baron, and above a knight; having precedency of all 
knights 
