Hereditary peer

The hereditary peerage, as it now exists, combines several different English institutions with analogous ones from Scotland and Ireland.

English Earls are an Anglo-Saxon institution. Around 1014, England was divided into shires or counties, largely to defend against the Danes; each shire was led by a local great man, called an earl; the same man could be earl of several shires. When the Normans conquered England, they continued to appoint earls, but not for all counties; the administrative head of the county became the sheriff. Earldoms began as offices, with a perquisite of a share of the legal fees in the county; they gradually became honours, with a stipend of £20 a year. Like most feudal offices, earldoms were inherited, but the kings frequently asked earls to resign or exchange earldoms. Usually there were few Earls in England, and they were men of great wealth in the shire from which they held title, or an adjacent one, but it depended on circumstances: during the civil war between Stephen and the Empress Matilda, nine Earls were created in three years.

William the Conqueror and Henry II did not make Dukes; they were themselves only Dukes of Normandy or Aquitaine. But when Edward III of England declared himself King of France, he made his sons Dukes, to distinguish them from other noblemen, much as Royal Dukes are now distinguished from other Dukes. Later Kings created Marquesses and Viscounts to make finer gradations of honour: a rank something more than an Earl and something less than an Earl, respectively.

When Henry III or Edward I wanted money or advice from his subjects, he would order great churchmen, earls, and other great men to come to his Great Council (some of these are now considered the first parliaments); he would generally order lesser men from towns and counties to gather and pick some men to represent them. The English Order of Barons evolved from those men who were individually ordered to attend Parliament, but held no other title; the chosen representatives, on the other hand, became the House of Commons. This order, called a writ, was not originally hereditary, or even a privilege; the recipient had to come to the Great Council at his own expense, vote on taxes on himself and his neighbours, acknowledge that he was the king's tenant-in-chief (which might cost him special taxes), and risk involvement in royal politics – or a request from the king for a personal loan (benevolence). Which men were ordered to Council varied from Council to Council; a man might be so ordered once and never again, or all his life, but his son and heir might never go.

Under Henry VI of England, in the 15th century, just before the Wars of the Roses, attendance at Parliament became more valuable. The first claim of hereditary right to a writ comes from this reign; so does the first patent, or charter declaring a man to be a baron. The five orders began to be called peers. Holders of older peerages also began to receive greater honour than peers of the same rank just created.

If a man held a peerage, his son would succeed to it; if he had no children, his brother would succeed. If he had a single daughter, his son-in-law would inherit the family lands, and usually the same peerage; more complex cases were decided depending on circumstances. Customs changed with time; earldoms were the first to be hereditary, and three different rules can be traced for the case of an Earl who left no sons and several married daughters. In the 13th century, the husband of the eldest daughter inherited the earldom automatically; in the 15th century, the earldom reverted to the Crown, who might re-grant it (often to the eldest son-in-law); in the 17th century, it would not be inherited by anybody unless all but one of the daughters died and left no descendants, in which case the remaining daughter (or her heir) would inherit.

After Henry II became the Lord of Ireland, he and his successors began to imitate the English system as it was in their time. Irish earls were first created in the 13th century, and Irish parliaments began later in the same century; until Henry VIII declared himself King of Ireland, these parliaments were small bodies, representing only the Irish Pale. A writ does not create a peerage in Ireland; all Irish peerages are by patent or charter, although some early patents have been lost. After James II left England, he was King of Ireland alone for a time; three creations he ordered then are in the Irish Patent Roll, although the patents were never issued; but these are treated as valid.

The Irish peers were in a peculiar political position: because they were subjects of the King of England, but peers in a different kingdom, they could sit in the English House of Commons, and many did. In the 18th century, Irish peerages became rewards for English politicians, limited only by the concern that they might go to Dublin and interfere with the Irish Government.

Scotland evolved a similar system, differing in points of detail. The first Scottish Earldoms derive from the seven mormaers, of immemorial antiquity; they were named Earls by Queen Margaret. The Parliament of Scotland is as old as the English; the Scottish equivalent of baronies are called lordships of Parliament.

The Act of Union 1707, between England and Scotland, provided that future peerages should be peers of Great Britain, and the rules covering the peers should follow the English model; because there were proportionately many more Scottish peers, they chose a number of representatives to sit in the British House of Lords. The Acts of Union 1800 changed this to peers of the United Kingdom, but provided that Irish peerages could still be created; but the Irish peers were concerned that their honours would be diluted as cheap prizes, and insisted that an Irish peerage could be created only when three Irish peerages had gone extinct (until there were only a hundred Irish peers left). In the early 19th century, Irish creations were as frequent as this allowed; but only three have been created since 1863, and none since 1898. As of 2011, only 66 "only-Irish" peers remain.[lower-alpha 1]

The law applicable to a British hereditary peerage depends on which Kingdom it belongs to. Peerages of England, Great Britain, and the United Kingdom follow English law; the difference between them is that Peerages of England were created before the Act of Union 1707, Peerages of Great Britain between 1707 and the Union with Ireland in 1800, and Peerages of the United Kingdom since 1800. Irish Peerages follow the law of the Kingdom of Ireland, which is very much similar to English law, except in referring to the Irish Parliament and Irish officials, generally no longer appointed; no Irish peers have been created since 1898, and they have no part in the present governance of the United Kingdom. Scottish Peerage law is generally similar to English law, but differs in innumerable points of detail, often being more similar to medieval practice.

Women are ineligible to succeed to the majority of hereditary peerages, and only inherit in the absence of a male heir in the other peerages.[2]

The House of Lords (old chamber, burned down in 1834) as drawn by Augustus Pugin and Thomas Rowlandson for Ackermann's Microcosm of London (1808–1811).

The ranks of the Peerage in most of the United Kingdom are, in descending order of rank, duke, marquess, earl, viscount and baron;[3] the female equivalents are duchess, marchioness, countess, viscountess and baroness respectively. Women typically do not hold hereditary titles in their own right, one significant change to this however was in 1532 when Henry VIII created the Marquess of Pembroke title for his soon to be wife, Anne Boleyn. Anne held this title in her own right and was therefore ennobled with the same rank as a male Viscount.

In the Scottish peerage, the lowest rank is lordship of Parliament, the male holder thereof being known as a lord of Parliament.[4] A Scottish barony is a feudal rank, and not of the Peerage. The barony by tenure or feudal barony in England and Wales was similar to a Scottish feudal barony, in being hereditary, but is long obsolete, the last full summons of the English feudal barons to military service having occurred in 1327.[5] The Tenures Abolition Act 1660 finally quashed any remaining doubt as to their continued status.

Peerage dignities are created by the Sovereign by either writs of summons or letters patent. Under modern constitutional conventions, no peerage dignity, with the possible exception of those given to members of the Royal Family, would be created if not upon the advice of the Prime Minister.

Many peers hold more than one hereditary title; for example, the same individual may be a duke, a marquess, an earl, a viscount, and a baron by virtue of different peerages. If such a person is entitled to sit in the House of Lords, he still only has one vote. However, until the House of Lords Act 1999 it was possible for one of the peer's subsidiary titles to be passed to his heir before his death by means of a writ of acceleration, in which case the peer and his heir would have one vote each. Where this is not done, the heir may still use one of the father's subsidiary titles as a "courtesy title", but he is not considered a peer.[6]

The mode of inheritance of a hereditary peerage is determined by the method of its creation. Titles may be created by writ of summons or by letters patent. 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. The latter method explicitly creates a peerage and names the dignity in question. Letters patent may state the course of descent; normally, only male heirs are allowed to succeed to the peerage. A child is deemed to be legitimate if its parents are married at the time of its birth or marry later; only legitimate children may succeed to a title, and furthermore, an English, Irish, or British (but not Scottish) peerage can only be inherited by a child born legitimate, not legitimated by a later marriage.

Normally, 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 was 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.

A person who is a possible heir to a peerage is said to be "in remainder". A title becomes extinct (an opposite to extant, alive) when all possible heirs (as provided by the letters patent) have died out, i.e., there is nobody in remainder at the death of the holder. 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.

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. 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 be disqualified from sitting in Parliament for the period of imprisonment.

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. 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. 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). 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 has chosen to do so (the Taaffe and Ballymote peerages would have become extinct in 1967).

Nothing prevents a British peerage from being held by a foreign citizen (although such peers cannot sit in the House of Lords, while the term foreign does not include Irish or Commonwealth citizens). Several descendants of George III were British peers and German subjects; the Lords Fairfax of Cameron were American citizens for several generations.

A peer may also disclaim a hereditary peerage under the Peerage Act 1963. 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. 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. Prior to the House of Lords Act 1999, a 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.

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.[7] The form of writs of summons has changed little over the centuries. It is established precedent that the sovereign may not deny writs of summons to qualified peers.

More often, letters patent are used to create peerages. 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. For remainders in the Peerage of the United Kingdom, the most common wording is "to have and to hold unto him and the heirs male of his body lawfully begotten and to be begotten". Where the letters patent specifies the peer's heirs male of the body as successors, the rules of agnatic succession apply, meaning that succession is through the male line only. 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. 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. 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 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.

Amendment of letters patent

Letters patent granting the Dukedom of Marlborough to Sir John Churchill were later amended by Parliament

Letters patent are not absolute; they may be amended or revoked by Act of Parliament. For example, Parliament amended the letters patent creating the Dukedom of Marlborough in 1706. 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. One son had died in infancy and the other died in 1703 from smallpox. 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; Lady Henrietta, the Countess of Sunderland, the Countess of Bridgewater and 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."

The number of peers has varied considerably with time. At the end of the Wars of the Roses, which killed many peers, and degraded or attainted many others, there were only 29 Lords Temporal; but the population of England was also much smaller then. The Tudors doubled the number of Peers, creating many but executing others; at the death of Queen Elizabeth, there were 59.

The number of peers then grew under the Stuarts and all later monarchs. By the time of Queen Anne's death in 1714, there were 168 peers. In 1712, Queen Anne was called upon to create 12 peers in one day in order to pass a government measure,[9][10] more than Queen Elizabeth I had created during a 45-year reign.

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. It sought to permit no more than six new creations, and thereafter one new creation for each other title that became extinct. But it did allow the Crown to bestow titles on members of the Royal Family without any such limitation. The Bill was rejected in its final stage in the Lords, but it was passed in the Lords when it was reintroduced in the next year. Nonetheless, the House of Commons rejected the Peerage Bill by 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. During his 12 years in power, Lord North had about 30 new peerages created. During William Pitt the Younger's 17-year tenure, over 140 new peerages were awarded.

A restriction on the creation of peerages, but only in the Peerage of Ireland, was enacted under the Acts of Union 1800 that combined Ireland and Great Britain into the United Kingdom in 1801. New creations were restricted to a maximum of one new Irish peerage for every three existing Irish peerages that became extinct, excluding those held concurrently with an English or British peerage; only if the total number of Irish peers dropped below 100 could the Sovereign create one new Irish peerage for each extinction.

There were no restrictions on creations in the Peerage of the United Kingdom. The Peerage continued to swell through the 19th century. In the 20th century, there were even more creations, as 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.

In 1984 Harold Macmillan, a former Prime Minister, was the last non-royal recipient of a hereditary peerage, the Earldom of Stockton.

Matt Ridley, science writer and conservative journalist, is the Viscount Ridley

Since the start of the Labour government of Harold Wilson in 1964, the practice of granting hereditary peerages has largely ceased (except for members of the royal family). Only seven hereditary peers have been created since 1965: four in the Royal Family (the Duke of York, the Earl of Wessex, the Duke of Cambridge, and the Duke of Sussex) and three additional creations under Margaret Thatcher's government (the Viscount Whitelaw, the Viscount Tonypandy and the Earl of Stockton). The two viscounts died without male heirs, extinguishing their titles. Harold Macmillan, 1st Earl of Stockton received the earldom customarily bestowed on former Prime Ministers after they retired from the House of Commons. The practice of granting hereditary titles (usually earldoms) to male commoners who married into the royal family appears to have also ended. The last such peerage was offered to Captain Mark Phillips, who declined. The most recent to accept was the Earl of Snowdon.

There is no statute that prevents the creation of new hereditary peerages; they may technically be created at any time, and the government continues to maintain pro forma letters patent for their creation. The most recent policies outlining the creation of new peerages, the Royal Warrant of 2004, explicitly apply to both hereditary and life peers.[11] However, successive governments have largely disowned the practice, and the Royal Household website currently describes the Queen as the fount of honour for "life peerages, knighthoods and gallantry awards", with no mention of hereditary titles.[12]

Modern composition of the hereditary peerage

Many hereditary peers are associated with famous estates such as Hatfield House; many notable estates are open to the public.

The peerage has traditionally been associated with high gentry, the British nobility, and in recent times, the Conservative Party. Only a tiny proportion of wealthy people are peers, but the peerage includes a few of the very wealthiest, such as Hugh Grosvenor (the Duke of Westminster) and Lord Salisbury. A few peers own one or more of England's largest estates passed down through inheritance, particularly those with medieval roots: until the late 19th century the dominant English and Scottish land division on death was primogeniture.

However, the proliferation of peerage creations in the late 19th century and the first half of the 20th century resulted in even minor political figures entering the ranks of the peerage; these included newspaper owners (e.g. Alfred Harmsworth) and trade union leaders (e.g. Walter Citrine). As a result, there are many hereditary peers who have taken up careers which do not fit traditional conceptions of aristocracy. For example, Arup Kumar Sinha, 6th Baron Sinha is a computer technician working for a travel agency; Matt Ridley, 5th Viscount Ridley, is a popular science writer; Timothy Bentinck, 12th Earl of Portland is an actor and plays David Archer in the BBC’s long-running radio soap opera, The Archers; and Peter St Clair-Erskine, 7th Earl of Rosslyn is a former Metropolitan Police Service Commander. The Earl of Longford was a socialist and prison reformer, while Tony Benn, who renounced his peerage as Viscount Stansgate (only for his son to reclaim the family title after his death) was a senior government minister (later a writer and orator) with solidly left-wing policies.

• List of hereditary baronies in the Peerage of the United Kingdom
• List of hereditary peers elected to sit in the House of Lords under the House of Lords Act 1999
• By-elections to the House of Lords
• List of hereditary peers in the House of Lords by virtue of a life peerage
• Substantive title
• Writ of acceleration
• Roll of the Peerage
• The Hereditary Peerage Association

• Blackstone, William (1765). Commentaries on the Laws of England. Oxford: Clarendon Press.
• Cox, Noel (1997). "The British Peerage: The Legal Standing of the Peerage and Baronetage in the overseas realms of the Crown with particular reference to New Zealand". New Zealand Universities Law Review. 17 (4): 379–401. SSRN 420754.
• May, Erskine (1896). Constitutional History of England since the Accession of George the Third (11th ed.). London: Longmans, Green and Co. Archived from the original on 18 July 2006.
• First Report from the Committee for Privileges (Report). 18 October 1999. HL 106-I. Archived from the original on 8 September 2008.
• "House of Lords Debates, Vol. 600, col. 1156". The United Kingdom Parliament. 1998–1999. Archived from the original on 30 June 2004.
• McCallion, Peter (2003). "Letter to The Earl Alexander of Tunis". Hereditary Peerage Association.
• "Peerage". Encyclopædia Britannica (11th ed.). London: Cambridge University Press. 1911.

• "Three Summonses to the Parliament of 1295". Internet History Sourcebooks Project.
• "Writ of Summons to Parliament for Lord Fisherwick". The Peter C. Tiersma Collection at Loyola Marymount University.
• Banks, Thomas Christopher (1844). Baronia anglica concentrata; or, A concentrated account of all the baronies commonly called baronies in fee; deriving their origin from writ of summons and not from any specific limited creation ... whereto is added the proofs of parliamentary sitting, from the reign of Edward I to that of Queen Anne; also A glossary of dormant English, Scotch, and Irish peerage titles. London: Ripon.