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Peerage |
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| Privilege of Peerage History of the Peerage |
The British Peerage is governed by a body of law that has developed over several centuries. Precedents established by several important cases form most of this body of law. Several of the more significant cases will be addressed below.
The Crown, as fount of honour, may determine all petitions claiming peerages. The Sovereign, on the advice of the Attorney-General, may grant the claim or, in contentious matters, send it to the House of Lords, who in turn send it to the Select Committee for Privileges. The House of Lords appoints sixteen peers—including the Chairman of Committees—to the Committee, which sits together with any four Lords of Appeal, three of whom must be present in order for the Committee to be able to decide a case related to peerage claims. The Crown then acts on the basis of the recommendations of the Privileges Committee.
The Committee for Privileges also has a rôle in terminating abeyant peerages. A co-heir may petition the Crown for a termination of the abeyance; the Crown may choose to grant the petition, but if there is there is any doubt whatsoever as to the pedigree of the petitioner, the claim is normally referred to the Committee for Privileges as noted above. If the claim is unopposed, the Committee will generally award the claim. Under a decision of 1927, however, the Committee may deny a claim if the peerage has been in abeyance for more than one century, or if the petitioner holds less than one-third of the claim (an eldest son would inherit all of his parent's claim, while daughters divide their parent's claim amongst them in the absence of sons). Furthermore, the House made a Standing Order in 1954 directing that the Committee may deny a claim if the co-heirs have entered into an "improper arrangement." This rule prevents co-heirs to multiple baronies from agreeing not to contest each other's claims, thereby dividing the baronies amongst themselves.
In addition to the House of Lords, the Court of the Lord Lyon King of Arms in Scotland has a rôle in determining disputes relating to Scottish peerages. Theoretically, only the Lords have jurisdiction over succession to peerages, but the Lyon Court does have jurisdiction over succession to coats of arms. Under Scottish law, an individual's heir succeeds to his arms undifferenced, while other descendents may succeed to arms differenced by special marks, called cadency marks. The case before the Lyon Court involves a dispute as to who may lawfully succeed to a deceased peer's arms undifferenced—the lawful successor to the arms will normally also be the successor to the peerage.
The reign of Charles I was marked by the growing absolutism of the monarchy (which eventually contributed to the English Civil War and Charles' execution). In 1626, the King decided not to issue a writ of summons to John Digby, 1st Earl of Bristol, who was charged with, but not convicted for, high treason. Since he could not be admitted to the House without a writIn law, a writ is a formal written order issued by a government entity in the name of the sovereign power. In most cases, this government entity is a court. Two kinds of writs are warrants and prerogative writs but there are many others. English Law Histo, Lord Bristol made a petition to the House of Lords. The Committee for Privileges reported, "after diligent search, no precedent being found that any writ of summons hath been detained from any peer that is capable of sitting in the House of ParliamentAlternative meanings: Parliamentary system, Parliament (band), Parliament (cigarette). A parliament is a legislative body, especially in those countries whose system of government is based on the Westminster system derived from that of the United Kingdom.; and considering withal how far it may trench into the right of every member of this House, whether sitting by ancient right of inheritance or by patent, to have their writs detained; the Lords Committees are all of opinion, That it will be necessary for this House humbly to beseech His Majesty, that a writ of summons may be sent to this petitioner, and to such other Lords to whom no writ of summons hath been directed for this Parliament, excepting such as are made incapable to sit in Parliament by judgment of Parliament or any other legal judgment."
There was some delay, but Lord Bristol eventually received the King's writ of summons. The writ was accompanied by a letter from the Lord Keeper of the Great SealThe Great Seal might mean: Great Seal of Canada Great Seal of the Irish Free State Great Seal of the Realm ( UK) Great Seal of the United States See also: Seal''., Thomas Coventry; it read, "I ... signify His Majesty's pleasure herein further; That, howsoever he gives way to the awarding of the writ, yet his meaning thereby is not to discharge any former direction for restraint of your Lordship's coming hither; but that you continue under the same restriction as you did before, so as your Lordship's personal attendance is to be forborne." Lord Bristol nevertheless attended Parliament, arguing that a writ personally issued by the Sovereign was of more weight than the letter of a Lord Keeper. The practice of denying writs of summons to eligible peers has since been abandoned.
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