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Peerage
Hereditary Peer
Life Peer
Representative Peer
Privilege of Peerage
History of the Peerage
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Hereditary peers form part of the Peerage in the United Kingdom. The Peerage is a system of Titles of Nobility in the United Kingdom, part of the British honours system. In the United Kingdom, life peers are created members of the Peerage whose titles may not be inherited (those whose titles are inheritable are known as Hereditary In the United Kingdom, representative peers were individuals elected by the members of the Peerage of Scotland and the Peerage of Ireland to represent them The Privilege of Peerage is the body of special privileges belonging to members of the British Peerage, and is distinct from Parliamentary privilege, which applies The history of the British peerage, a system of Nobility found in the United Kingdom, stretches over the last thousand years The Peerage is a system of Titles of Nobility in the United Kingdom, part of the British honours system. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located There are over seven hundred peers who hold titles that may be inherited. "Heir" and "Heiress" redirect here For the men and women fragrances endorsed by Paris Hilton see Heiress (fragrance. Formerly, most of them were entitled to a seat in House of Lords, but since the House of Lords Act 1999 only ninety-two are permitted to sit, although this reduction has been challenged in the European Court of Human Rights. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" The House of Lords Act 1999 (1999 c 34 was an Act of the Parliament of the United Kingdom that was given Royal Assent on 11 November 1999 The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights Peers are called to the House of Lords with a writ of summons.

A hereditary title is not necessarily a title of the peerage. For instance, baronets and baronetesses may pass on their titles, but they are not peers. A baronet (traditional abbreviation Bart, modern abbreviation Bt) or the rare female equivalent a baronetess (abbreviation Btss) is the holder A baronet (traditional abbreviation Bart, modern abbreviation Bt) or the rare female equivalent a baronetess (abbreviation Btss) is the holder Similarly, the holder of a non-hereditary title may still belong to the peerage, as evidenced by the case of the Prince of Wales and of life peers. Prince of Wales (Tywysog Cymru is a title traditionally granted to the Heir Apparent to the reigning monarch of the United Kingdom (and formerly the Kingdom In the United Kingdom, life peers are created members of the Peerage whose titles may not be inherited (those whose titles are inheritable are known as Hereditary Peerages may be created by means of letters patent, but the granting of new hereditary peerages has dwindled, with only five new hereditary peerages granted since 1964. Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right

Under the provisions of the House of Lords Act 1999, only 92 hereditary peers are entitled to sit in the House of Lords.
Under the provisions of the House of Lords Act 1999, only 92 hereditary peers are entitled to sit in the House of Lords. Elected by the Whole House The following peers were elected to serve as Deputy Speakers of the House of Lords.

Contents

Ranks and titles

The ranks of the Peerage are, in descending order of rank, duke, marquess, earl, viscount and baron;[1] the female equivalents are duchess, marchioness, countess, viscountess and baroness respectively. A duke is a member of the Nobility, historically of highest rank below the Sovereign, and historically controlled a Duchy or a Dukedom A marquess (ˈmɑrkwɪs or marquis (/mɑrˈkiː/ is a Nobleman of hereditary rank in various European monarchies and some of their colonies Earl was the Anglo-Saxon form and jarl the Scandinavian form of a title meaning " Chieftain " and referring especially to chieftains A viscount ( VAI-count is a member of the European Nobility whose comital title ranks usually as in the British peerage, above a Baron is a specific Title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin (liber In Scotland, "baron" is a feudal rank, and not one of the Peerage. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed The Scottish equivalent to the English barony is the "lordship of Parliament", the male holder thereof being known as a lord of Parliament. A Lord of Parliament is a member of the lowest rank of Scottish Peerage, ranking below a Viscount. [2] A baron by tenure in England and Wales was similar to a Scottish baron, but is long obsolete. A baron by tenure in England and Wales (sometimes also called a feudal baron) is (or was the owner of land held of the crown not only by Knight service

Peerage dignities are created by the Sovereign by either writs of summons or letters patent. A Gold Sovereign is a Gold coin first issued in 1489 for Henry VII of England and still in production as of 2008 Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right Under modern constitutional conventions, no peerage dignity would be created except upon the advice of the Prime Minister. The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom

Many peers hold more than one hereditary title; for example, the same individual may be a duke, an earl, a viscount and a baron by virtue of different peerages. In this case, the peer's eldest son may use one of the father's subsidiary titles as a "courtesy title", but the son is not considered a peer. A courtesy title is a form of address in systems of Nobility used by children former wives and other close relatives of a peer. [3]

Inheritance of titles

The mode of inheritance of an hereditary peerage is determined by the method of its creation. Titles may be created by writ of summons or by letters patent. Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right The former is merely a summons of an individual to Parliament—it does not explicitly confer a peerage—and descent is always to heirs of the body, male and female. Fee tail or entail is an obsolete term of art in Common law. It describes an estate of Inheritance in Real property which cannot The latter method is used to explicitly create a peerage and name the dignity in question. Letters patent may state the course of descent; normally, only male heirs are allowed to succeed to the peerage. In all cases, only legitimate children may succeed to a title. Under Scottish law, an illegitimate child is legitimated by a future marriage of the parents. Scots law is a unique legal system with an ancient basis in Roman law. In Common law, legitimacy is the status of a Child that is born to parents who are legally married to one another or that is born shortly after the Under English law, which also applies to Irish and British peerages, a child is illegitimate if the parents are unmarried at the time of birth, and remains illegitimate even after a marriage between them. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Thus, if the parents marry after the birth an illegitimate child may succeed to a Scottish peerage, but not an English, Irish or British one.

Generally, a peerage passes to the next holder on the death of the previous holder. However, Edward IV introduced a procedure known as a writ of acceleration, whereby it is possible for the eldest son of a peer with multiple titles to sit in the House of Lords by virtue of one of his father's subsidiary dignities. Edward IV ( 28 April 1442 – 9 April 1483) was King of England from 4 March 1461 until 2 October A writ in acceleration, commonly called a writ of acceleration was a type of writ of summons to the House of Lords that enabled the eldest son and Heir apparent

A title becomes extinct when all possible heirs (as provided by the letters patent) have died out. In Biology and Ecology, extinction is the cessation of existence of a Species or group of taxa. A title becomes dormant if nobody has claimed the title, or if no claim has been satisfactorily proven. A title goes into abeyance if there is more than one person equally entitled to be the holder. Abeyance (from the Old French abeance meaning "gaping" a state of expectancy in respect of property titles or office when the right to them is not

In the past, peerages were sometimes forfeit or attainted under Acts of Parliament, most often as the result of treason on the part of the holder. Asset forfeiture is a term used to describe the confiscation of Assets, by the State, which are either (a the proceeds of Crime or (b the instrumentalities In English Criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious Capital In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. The blood of an attainted peer was considered "corrupted", consequently his or her descendants could not inherit the title. If all descendants of the attainted peer were to die out, however, then an heir from another branch of the family not affected by the attainder could take the title. The Forfeiture Act 1870 abolished corruption of blood; instead of losing the peerage, a peer convicted of treason would merely be disqualified from sitting in Parliament for the period of imprisonment. The Forfeiture Act 1870 (c 23 is a British Act of Parliament which abolished forfeiture of goods and land as a punishment for Treason and Felony.

The third Duke of Cumberland was one of three people to be deprived of their hereditary peerages by the Titles Deprivation Act 1917.
The third Duke of Cumberland was one of three people to be deprived of their hereditary peerages by the Titles Deprivation Act 1917. Crown Prince Ernst August II of Hanover 3rd Duke of Cumberland and Teviotdale, (Ernest Augustus William Adolphus George Frederick 21 September 1845 – 14 November The Titles Deprivation Act 1917 is an Act of Parliament of the United Kingdom according to which enemies of the United Kingdom during the First World War

The Titles Deprivation Act 1917 permitted the Crown to suspend peerages if their holders had fought against the United Kingdom during the First World War. The Titles Deprivation Act 1917 is an Act of Parliament of the United Kingdom according to which enemies of the United Kingdom during the First World War World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All Guilt was to be determined by a committee of the Privy Council; either House of Parliament could reject the committee's report within 40 days of its presentation. A privy council is a body that advises the Head of state of a nation on how to exercise their executive authority, typically but not always in the context of a In 1919, King George V issued an Order-in-Council suspending the Dukedom of Albany (together with its subsidiary peerages, the Earldom of Clarence and the Barony of Arklow), the Dukedom of Cumberland and Teviotdale (along with the Earldom of Armagh) and the Viscountcy of Taaffe (along with the Barony of Ballymote). An Order-in-Council is a type of legislation in Commonwealth Realms. Duke of Albany is a Peerage title that has occasionally been bestowed on the younger sons in the Scottish, and later the British Royal family, particularly Duke of Clarence is a title which has been traditionally awarded to junior members of the English and British Royal families. The title Baron Arklow has been created twice in the Peerage of the United Kingdom. Duke of Cumberland is a peerage title that was conferred upon junior members of the British royal family named after the county of Cumberland. Duke of Cumberland is a peerage title that was conferred upon junior members of the British royal family named after the county of Cumberland. The title Viscount Taaffe was created in the Peerage of Ireland in 1628. The title Viscount Taaffe was created in the Peerage of Ireland in 1628. Under the Titles Deprivation Act, the successors to the peerages may petition the Crown for a reinstatement of the titles; so far, none of them have chosen to do so.

A peer may also disclaim an hereditary peerage under the Peerage Act 1963. The Peerage Act 1963 (1963 c 48 is a significant act in the history of the British Peerage. To do so, the peer must deliver an instrument of disclaimer to the Lord Chancellor within 12 months of succeeding to the peerage, or, if under the age of 21 at the time of succession, within 12 months of becoming 21 years old. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. If, at the time of succession, the peer is a member of the House of Commons, then the instrument must be delivered within one month of succession; meanwhile, the peer may not sit or vote in the House of Commons. The House of Commons' is the Lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords Prior to the House of Lords Act 1999, an hereditary peer could not disclaim a peerage after having applied for a writ of summons to Parliament; now, however, hereditary peers do not have the automatic right to a writ of summons to the House. Irish peerages may not be disclaimed. A peer who disclaims the peerage loses all titles, rights and privileges associated with the peerage; his wife or her husband is similarly affected. No further hereditary peerages may be conferred upon the person, but life peerages may be. The peerage remains without a holder until the death of the peer making the disclaimer, when it descends normally.

A title held by someone who becomes monarch is said to merge in the Crown and ceases to exist, for the Sovereign cannot hold a dignity from himself. The Dukedom of Cornwall and that of Rothesay, and the Earldom of Carrick, are special cases, which when not in use are said to lapse to the Crown: they are construed as existing, but held by no one, during such periods. The Dukedom of Cornwall was the first Dukedom created in the Peerage of England. For the Irish title of the same name see the Earl of Carrick (Ireland. These peerages are also special because they are never directly inherited. The Dukedom of Cornwall was held formerly by the eldest son of the King of England, and the Dukedom of Rothesay, the Earldom of Carrick, and certain non-peerage titles (Baron Renfrew, Lord of the Isles and Prince and Great Steward of Scotland) by the eldest son of the King of Scotland. The designation Lord of the Isles (Triath nan Eilean or Rí Innse Gall now a Scottish title of nobility, emerged from a series of hybrid Viking / Gaelic Prince and Great Steward of Scotland are two of the titles of the Heir apparent to the throne of the United Kingdom The monarch of Scotland was the Head of state of the Kingdom of Scotland. Since those titles have been united, the dukedoms and associated subsidiary titles are held by the eldest son of the monarch. In Scotland, the title Duke of Rothesay is used for life. In England and Northern Ireland, the title Duke of Cornwall is used until the heir-apparent is created Prince of Wales. Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of Prince of Wales (Tywysog Cymru is a title traditionally granted to the Heir Apparent to the reigning monarch of the United Kingdom (and formerly the Kingdom At the same time as the Principality is created, the Duke is also created Earl of Chester. The Earldom of Chester was one of the most powerful earldoms in Medieval England. The earldom is a special case, because it is not hereditary, instead revesting or merging in the Crown if the Prince succeeds to the Crown or predeceases the monarch.

The Dukedom of Cornwall is associated with the Duchy of Cornwall; the former is a peerage dignity, while the latter is an estate whose income goes to the Duke of Cornwall, or, when there is no duke, to the Sovereign. The Duchy of Cornwall is with the Duchy of Lancaster, one of the two Royal duchies in England. The only other Duchy in the United Kingdom is the Duchy of Lancaster, which is also an estate rather than a peerage dignity. The Duchy of Lancaster is one of the two Royal Duchies in England, the other being the Duchy of Cornwall, and is the personal (inherited property of the The Dukedom of Lancaster merged in the Crown when Henry of Monmouth, Duke of Lancaster became King Henry V. Henry V (16 September 1386 &ndash 31 August 1422 was one of the most significant English warrior kings of the 15th century Nonetheless, the Duchy of Lancaster still continues to exist, theoretically run by the Chancellor of the Duchy of Lancaster. The Chancellor of the Duchy of Lancaster is in modern times a Sinecure office in the Government of the United Kingdom. Normally, however, the Chancellor does not exercise any actual duties related to the Duchy, so he is normally available as a Minister without Portfolio. A Minister without Portfolio is either a Government minister with no specific responsibilities or a minister that does not head a particular ministry. The Duchy is the inherited property that belongs personally to the monarch, rather than to the Crown. Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government Thus, while income from the Crown Estate is turned over to the Exchequer in return for a civil list payment, the income from the Duchy forms a part of the Privy Purse, the personal funds of the Sovereign. A civil list is a list of individuals to whom Money is paid by the Government. In the past the UK 's Civil Government day-to-day costs were paid for by the sovereign under normal circumstances the monies in this

Writs of Summons

At the beginning of each new Parliament, each peer who has established his or her right to attend Parliament is issued a writ of summons. Without the writ, no peer may sit or vote in Parliament. Writs of summons generally follow the same form. Firstly, they set out the titles of the Sovereign, and then those of the recipient. Next, they note the date for Parliament's calling and the reason for its calling. This portion of the writ differs based on whether Parliament is at the time sitting, or prorogued, or dissolved. A parliamentary session is a period of time where the Legislature in a Parliamentary government is sitting In Parliamentary systems a dissolution of parliament is the dispersal of a Legislature at the call of an Election. Then, after commanding the recipient to attend, the writ indicates that the Sovereign him or herself witnesses it. The form of writs issued while Parliament is dissolved is:

Elizabeth the Second by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To Our right trusty and well beloved XXXX Chevalier Greeting.

Whereas by the advice and assent of Our Council for certain arduous and urgent affairs concerning Us the state and defence of Our United Kingdom and the Church We have ordered a certain Parliament to be holden to Our City of Westminster on the XX day of XX next ensuing and there to treat and have conference with the Prelates Great Men and Peers of Our Realm We strictly enjoining Command you upon the faith and allegiance by which you are bound to Us that the weightness of the said affairs and imminent perils considered (waiving all excuses) you be at the said day and place personally present with Us and with the said Prelates Great Men and Peers to treat and give your counsel upon the affairs aforesaid And this as you regard Us and Our honour and the safety and defence of the said Kingdom and Church and dispatch of the said affairs in nowise do you omit Witness Ourself at Westminster the XX day of XX in the XX year of Our Reign.

In the case of writs issued when Parliament is prorogued, the form of the first sentence of the second paragraph changes to:

Whereas by reason of certain arduous and urgent affairs concerning Us the State and defence of Our United Kingdom and the Church We did lately with the advice and consent of Our Council ordain Our present Parliament to be holden at Our City of Westminster on the XX day of XX in the XX year of Our Reign which Parliament hath been from that time by several adjournments and prorogations adjourned prorogued and continued to and until the XX day of XX now next ensuing at Our City aforesaid to be then there holden. We strictly enjoining Command . . .

In the case of writs issued during a session of Parliament, the form of the first sentence of the second paragraph changes to:

Charles I (pictured) attempted to withhold a writ of summons for John Digby, 1st Earl of Bristol in 1626.
Charles I (pictured) attempted to withhold a writ of summons for John Digby, 1st Earl of Bristol in 1626. Charles I, (19 November 1600 &ndash 30 January 1649 was King of England, Scotland and Ireland from 27 March 1625 until his execution. John Digby 1st Earl of Bristol (February 1580 &ndash 16 January 1653) was an English diplomat and a moderate royalist during the English
Whereas Our Parliament for arduous and urgent affairs concerning Us the state and defence of Our United Kingdom and the Church is now met at Our City of Westminster We strictly enjoining Command . . .

It is established precedent that the Sovereign may not deny writs of summons to qualified peers. In 1626, King Charles I ordered that the writ of summons of John Digby, 1st Earl of Bristol not be issued. Charles I, (19 November 1600 &ndash 30 January 1649 was King of England, Scotland and Ireland from 27 March 1625 until his execution. John Digby 1st Earl of Bristol (February 1580 &ndash 16 January 1653) was an English diplomat and a moderate royalist during the English Lord Bristol had been charged with treason, but was never tried. He complained to the House of Lords, which resolved that the denial of a writ to an eligible peer was without precedent and that the Sovereign should immediately issue a writ of summons, which did occur.

Another case to be considered is when writs of summons were issued to those who were not peers. In such cases, the individual who received the writ and took a seat in Parliament ipso facto became a peer. Ipso Facto is a Studio album by the Canadian rock guitarist Rik Emmett, released in 1992 In fact, most ancient baronies are deemed to have been created merely by summoning an individual to Parliament, thereby making him a peer. Even if a writ of summons is issued, however, a peerage was not created if the recipient failed to take his seat in Parliament, for the writ commands the recipient to be present in Parliament "waiving all excuses". In Lord Abergavenny's Case (1610) 12 Co Rep 70, the House of Lords ruled that, for a peerage to be created, the recipient of the writ must "come to the parliament, and there sit, according to the commandment of the writ; for until that, the writ did not take its effect". Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources Even if the writ was issued in error, the recipient became a peer, if he or she had taken his seat in Parliament. If the mistake was discovered prior to the taking of the seat, the Sovereign could issue a writ of supersedeas revoking the erroneous writ of summons. The writ of supersedeas has not been used in recent times; in the words of the late Lord Williams of Mostyn, "it certainly has not been translated into modern English". Gareth Wyn Williams Baron Williams of Mostyn PC, QC, ( February 5, 1941 - September 20, 2003) was a British If the writ of supersedeas is not issued, and the recipient of the writ does take his or her seat in the House of Lords, the creation of the peerage cannot be reversed. It is, however, extremely doubtful whether any new peerages could be created in this manner since the adoption of the House of Lords Act 1999.

Peerages created by writ of summons are presumed to be inheritable only by the recipient's heirs of the body. The House of Lords has settled such a presumption in several cases, including Lord Grey's Case (1640) Cro Cas 601, the Clifton Barony Case (1673), the Vaux Peerage Case (1837) 5 Cl & Fin 526, the Braye Peerage Case (1839) 6 Cl & Fin 757 and the Hastings Peerage Case (1841) 8 Cl & Fin 144. Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources The meaning of heir of the body is determined by common law. Essentially, descent is by the rules of male primogeniture, a mechanism whereby normally, male descendants of the peer take precedence over female descendants, with children representing their deceased ancestors, and wherein the senior line of descent always takes precedence over the junior line per each gender. Primogeniture is the Common law right of the Firstborn son to inherit the entire estate, to the exclusion of younger siblings These rules, however, are amended by the proviso whereby sisters (and their heirs) are considered co-heirs; seniority of the line is irrelevant when succession is through a female line. In other words, no woman inherits because she is older than her sisters. If all of the co-heirs but one die, then the surviving co-heir succeeds to the title. Otherwise, the title remains abeyant until the Sovereign "terminates" the abeyance in favour of one of the co-heirs. Abeyance (from the Old French abeance meaning "gaping" a state of expectancy in respect of property titles or office when the right to them is not The termination of an abeyance is entirely at the discretion of the Crown.

A writ of acceleration is a type of writ of summons that enables the eldest son of a peer to attend the House of Lords using one of his father's subsidiary titles. A writ in acceleration, commonly called a writ of acceleration was a type of writ of summons to the House of Lords that enabled the eldest son and Heir apparent The title is strictly not inherited by the eldest son, however; it remains vested in the father. A writ may be granted only if the title being accelerated is a subsidiary one, and not the main title, and if the beneficiary of the writ is the heir-apparent of the actual holder of the title. A total of ninety-four writs of acceleration have been issued since Edward IV issued the first one, including four writs issued in the twentieth century. A writ in acceleration, commonly called a writ of acceleration was a type of writ of summons to the House of Lords that enabled the eldest son and Heir apparent Edward IV ( 28 April 1442 – 9 April 1483) was King of England from 4 March 1461 until 2 October The only individual who recently sat in the House of Lords by writ of acceleration is Viscount Cranborne in 1992, through the Barony of Cecil which was actually being held by his father, the Marquess of Salisbury. Robert Michael James Gascoyne-Cecil 7th Marquess of Salisbury, PC (born September 30, 1946) is a Marquess of Salisbury is a title in the Peerage of Great Britain. Marquess of Salisbury is a title in the Peerage of Great Britain. (Viscount Cranborne succeeded to the marquessate on the death of his father in 2003. )

There are no Scottish peerages created by writ; neither can Scottish baronies go into abeyance, for Scots law does not hold sisters as equal heirs regardless of age. Furthermore, there is only one extant barony by writ in the Peerage of Ireland, that of La Poer, now held by the Marquess of Waterford. The Peerage of Ireland is the term used for those peers created by British monarchs in their capacity as Lord or King of Ireland. Baron La Poer is a title in the Peerage of Ireland held by the Marquess of Waterford. The Marquess of Waterford is the senior marquess in the Peerage of Ireland. (Certain other baronies were originally created by writ but later confirmed by letters patent. )

Letters patent

More often, letters patent are used to create peerages. Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right Letters patent must explicitly name the recipient of the title and specify the course of descent; the exact meaning of the term is determined by common law. Normally, the patent specifies the peer's heirs-male of the body as successors; in such a case, the rules of agnatic succession apply, meaning that succession is through the male line only. Agnatic (or patrilineal descent is established by tracing descent exclusively through males from a founding male ancestor Some very old titles, like the Earldom of Arlington, may pass to heirs of the body (not just heirs-male), these follow the same rules of descent as do baronies by writ and seem able to fall into abeyance as well. Baron Arlington is a title in the Peerage of England. In 1664 it was created for Sir Henry Bennet, younger brother of John Bennet 1st Baron Ossulston, Many Scottish titles allow for passage to heirs-general of the body, in which case the rules of male primogeniture apply; they do not fall into abeyance, as under Scots law, sisters are not treated as equal co-heirs. Primogeniture is the Common law right of the Firstborn son to inherit the entire estate, to the exclusion of younger siblings

English and British letters patent that do not specify a course of descent are invalid, though the same is not true for the letters patent creating peers in the Peerage of Scotland. The Peerage of Scotland is the division of the British Peerage for those peers created in the Kingdom of Scotland before 1707. The House of Lords has ruled in certain cases that when the course of descent is not specified, or when the letters patent are lost, the title descends to heirs-male. It is possible for some patents to allow for succession by someone other than an heir-male. Several instances may be cited: the Barony of Nelson (to an elder brother and his heirs-male), the Earldom of Roberts (to a daughter and her heirs-male), the Barony of Amherst (to a nephew and his heirs-male) and the Dukedom of Dover (to a younger son and his heirs-male while the eldest son is still alive). Earl Nelson, of Trafalgar and of Merton in the County of Surrey is a title in the Peerage of the United Kingdom. The title Earl Roberts, of Kandahar in Afghanistan and Pretoria in the Transvaal Colony and of the City of Waterford was created in the Peerage of the United Kingdom in 1901 Earl Amherst was a title in the Peerage of the United Kingdom created on 19 December 1826, along with the title Viscount Holmesdale, for the The title Duke of Queensberry was created in the Peerage of Scotland in 1684 along with the subsidiary title Marquess of Dumfriesshire for the 1st Marquess of In many cases, the peer in question had no sons, and the special grant was made to preclude an extinction of the peerage. But in all cases the course of descent specified in the patent must be known in common law. For instance, the Crown may not make a "shifting limitation" in the letters patent; in other words, the patent may not vest the peerage in an individual and then, based on the occurrence of some event other than death (such as succession to a higher title) shift the title to another person. The doctrine was established in the Buckhurst Peerage Case (1876) 2 App Cas 1, in which the House of Lords deemed invalid letters patent aimed to keep the Barony of Buckhurst separate from the Earldom of De La Warr. The British Peerage is governed by a body of law that has developed over several centuries Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources The title Baron Buckhurst has been created twice once in the Peerage of England and once in the Peerage of the United Kingdom. Earl De La Warr is a title created in the Peerage of Great Britain in 1761 The patent stipulated that, if the holder of the barony ever inherited the earldom, then he would be deprived of the barony, which would instead pass to the next successor as if the deprived holder died without issue.

Letters patent granting the Dukedom of Marlborough to Sir John Churchill were amended by Parliament.
Letters patent granting the Dukedom of Marlborough to Sir John Churchill were amended by Parliament. The Dukedom of Marlborough (named after Marlborough, ˈmɔrlbrə " Maul bruh" is a hereditary title of British nobility in the Peerage of

Also, it is necessary for English patents to include limitation "of the body" as in "heirs-male of the body. " The limitation indicates that only lineal descendants of the original peer may succeed to the peerage. In some very rare instances, the limitation was left out. In the Devon Peerage Case (1831) 2 Dow & Cl 200, the House of Lords permitted an heir who was a collateral descendant of the original peer to take his seat. Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources A collateral descendant is a relative descended from a Brother or Sister of an Ancestor, and thus a Niece or Nephew. The precedent, however, was reversed in 1859, when the House of Lords decided in the Wiltes Peerage Case (1869) LR 4 HL 26 that a patent that did not include the words "of the body" would be held void. Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources In Law, void means of no legal effect The Latin phrase void ab initio means "to be treated as invalid from the outset"

Letters patent are not absolute; they may be amended or revoked by Act of Parliament. An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. For example, Parliament amended the letters patent creating the Dukedom of Marlborough in 1706. The Dukedom of Marlborough (named after Marlborough, ˈmɔrlbrə " Maul bruh" is a hereditary title of British nobility in the Peerage of The patent originally provided that the dukedom could be inherited by the heirs-male of the body of the first duke, Captain-General Sir John Churchill. Captain General (and its literal equivalent in several languages is a high Military rank and a gubernatorial title One son had died in infancy and the other died in 1703 from smallpox. Smallpox is an Infectious disease unique to humans caused by either of two virus variants named Variola major and Variola minor. Under Parliament's amendment to the patent, designed to allow the famous general's honour to survive after his death, the dukedom was allowed to pass to the Duke's daughters, the Lady Henrietta, the Countess of Sunderland, the Countess of Bridgewater and the Lady Mary, and their heirs-male, and thereafter "to all and every other the issue male and female, lineally descending of or from the said Duke of Marlborough, in such manner and for such estate as the same are before limited to the before-mentioned issue of the said Duke, it being intended that the said honours shall continue, remain, and be invested in all the issue of the said Duke, so long as any such issue male or female shall continue, and be held by them severally and successively in manner and form aforesaid, the elder and the descendants of every elder issue to be preferred before the younger of such issue. Henrietta Godolphin 2nd Duchess of Marlborough ( July 19 1681 &ndash October 24 1733) was the daughter of the 1st Duke of Marlborough Lady Anne Churchill ( 27 February 1683 &ndash 15 April 1716) was the second daughter of John Churchill 1st Duke of Marlborough and "

The number of hereditary peers

The Peerage used to be an extremely small and exclusive institution. When Henry VII called his first Parliament in the fifteenth century, there were only 29 peers. The Tudor rulers made very few creations of peerages; at the death of Elizabeth I, there were just 59 peers in the realm.

Creation of English peerage dignities by Stuart monarchs
Sovereign Reign Peers
James I 1603–1625 62
Charles I 1625–1649 59
Charles II 1660–1685 64
James II 1685–1689 8
William III & Mary II 1689–1702 30
Anne 1702–1714 30
Total 1603–1714 253

Thereafter, however, the Peerage experienced a dramatic swelling due to the generosity of the Stuart monarchs. James VI and I (19 June 1566 – 27 March 1625 was King of Scotland as James VI, and King of England and King of Ireland as James Charles I, (19 November 1600 &ndash 30 January 1649 was King of England, Scotland and Ireland from 27 March 1625 until his execution. Charles II (Charles Stuart 29 May 1630 – 6 February 1685 was the King of England, Scotland, and Ireland. James II of England and Ireland James VII of Scotland (14 October 1633 &ndash 16 September 1701 was King of England, King of Scots, Later that same year James See also William III of England, Mary II of England The phrase William and Mary usually refers to the joint sovereignty over the Kingdom of England Anne (6 February 1665 – 1 August 1714 became Queen of England, Scotland and Ireland on 8 March 1702 succeeding William III of England and II of By the time of Queen Anne's death, there were 168 peers. Anne (6 February 1665 – 1 August 1714 became Queen of England, Scotland and Ireland on 8 March 1702 succeeding William III of England and II of At one point, in order to obtain a majority in the House of Lords in her favour, Queen Anne created 12 peers in one day—more than Elizabeth I had created during an entire reign that had lasted for nearly half of a century.

Several peers were alarmed at the rapid increase in the size of the Peerage, fearing that their individual importance and power would decrease as the number of Peers increased. Therefore, in 1719, a bill was introduced in the House of Lords to place a limitation on the Crown's power. For other uses see Bill. A bill is a proposed new law introduced within a Legislature that has not been ratified, adopted It sought to permit no more than six new creations, and thereafter one new creation for each other title that became extinct. It did allow, however, the Crown to bestow titles on members of the Royal Family without any such limitation. A royal family is the extended family of a monarch. Generally the head of a royal family is a king or queen regnant The Bill was rejected in its final stage in the Lords, but it was passed when it was re-introduced in the next year. Nonetheless, the House of Commons rejected the bill 269 to 177.

George III was especially profuse with the creation of titles, mainly due to the desire of some of his Prime Ministers to obtain a majority in the House of Lords. George III (George William Frederick 4 June 1738 George III's long reign was marked by a series of military conflicts involving his kingdom much of the rest of Europe and places During his 12 years in power, Lord North had about 30 new peerages created. Frederick North 2nd Earl of Guilford, KG, PC (13 April 1732 &ndash 5 August 1792 more often known by his courtesy title Lord North, which he used from During William Pitt the Younger's 17-year tenure, over 140 new peerages had been awarded. William Pitt the Younger (28 May 1759 &ndash 23 January 1806 was a British politician of the late eighteenth and early nineteenth centuries.

Hereditary Peers in 1999
Type Male Female Total
Prince 1 0 1
Duke 28 0 28
Marquess 34 0 34
Earl 170 5 175
Viscount 102 0 102
Baron/Lord 407 12 419
Total 742 17 759

In 1801, Parliament did impose a restriction on the creation of peerages but only in the Peerage of Ireland. Prince, from the Latin root Princeps, is a general term for a Monarch, for a member of a monarch's or former monarch's family and is a A duke is a member of the Nobility, historically of highest rank below the Sovereign, and historically controlled a Duchy or a Dukedom A marquess (ˈmɑrkwɪs or marquis (/mɑrˈkiː/ is a Nobleman of hereditary rank in various European monarchies and some of their colonies Earl was the Anglo-Saxon form and jarl the Scandinavian form of a title meaning " Chieftain " and referring especially to chieftains A viscount ( VAI-count is a member of the European Nobility whose comital title ranks usually as in the British peerage, above a Baron is a specific Title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin (liber Under the Act of Union 1800 combining Ireland and Great Britain into the United Kingdom in 1801, until the number of Irish peers (excluding those who also hold British or English peerages) was reduced to one-hundred, the Sovereign could not create a new Irish peerage until three previous titles became extinct. The phrase Act of Union 1800 (or sometimes Act of Union 1801) (Acht an Aontais 1800 is used to describe two complementary Acts whose official United Kingdom titles are After the number of Irish peers reached 100, the Sovereign could create new titles as often as may have been necessary to maintain that number.

Still, there remained no restrictions on creations in the Peerage of the United Kingdom. The Peerage of the United Kingdom comprises most Peerages created in the United Kingdom of Great Britain and Ireland after the Act of Union in 1801 when Thus, the Peerage continued to swell through the 19th century. In the 20th century, there were even more creations since Prime Ministers were eager to secure majorities in the House of Lords. Peerages were handed out not to honour the recipient but to give him a seat in the House of Lords.

However, with the accession of the Labour government of Harold Wilson in 1964, the practice of granting hereditary peerages effectively stopped. The Labour Party is a Political party in the United Kingdom. Founded at the start of the 20th century it has been since the 1920s the principal party of the James Harold Wilson Baron Wilson of Rievaulx, KG, OBE, FRS, PC (11 March 1916 &ndash 24 May 1995 was one of the most prominent British politicians Since 1964, only five hereditary peerages have been granted—two (the Dukedom of York and the Earldom of Wessex) for members of the Royal Family, and three additional creations (the Viscountcy of Whitelaw, the Viscountcy of Tonypandy and the Earldom of Stockton) under Margaret Thatcher's government in the mid-1980s. William Stephen Ian Whitelaw 1st Viscount Whitelaw, KT, CH, MC, PC, DL (28 June 1918 &ndash 1 July 1999 commonly known as Thomas George Thomas 1st Viscount Tonypandy PC ( 29 January 1909 &ndash 22 September 1997) was a British Labour Earl of Stockton is a title in the Peerage of the United Kingdom. Margaret Hilda Thatcher Baroness Thatcher LG, OM, PC, FRS (born 13 October 1925 The two Viscounts died without heirs, and their titles are now extinct; and Harold Macmillan, 1st Earl of Stockton received the Earldom often awarded to former Prime Ministers when they retire from the House of Commons. (Maurice Harold Macmillan 1st Earl of Stockton, OM, PC (10 February 1894 &ndash 29 December 1986 was a British Conservative Politician This article is about the government position For other uses see Prime Minister (disambiguation. The House of Commons' is the Lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords

See also

Notes

  1. ^ Ranks of the Peerage. Elected by the Whole House The following peers were elected to serve as Deputy Speakers of the House of Lords. A substantive title (or substantive peerage) is a Title of Nobility or royalty held by someone (normally by one person alone which they gained A writ in acceleration, commonly called a writ of acceleration was a type of writ of summons to the House of Lords that enabled the eldest son and Heir apparent The Hereditary Peerage Association is a British representative body for Hereditary peers in the United Kingdom formed in the wake of the House of Lords Act 1999 Debrett's. Retrieved on 11 November 2006.
  2. ^ The Crown Office (2003-07). Forms of Address for use orally and in correpondence. Department for Constitutional Affairs. Retrieved on 11 November 2006.
  3. ^ Burke's Guide to British Titles: Courtesy Titles. Burke's Peerage and Gentry (2005). Retrieved on 13 November 2006.

References


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