Privilege of Peerage
Encyclopedia
The privilege of peerage is the body of special privileges belonging to members of the British peerage
. It is distinct from Parliamentary privilege
, which applies only to those peers serving in the House of Lords
and the members of the House of Commons
, while Parliament
is in session and forty days before and after a Parliamentary session.
The privileges have been lost and eroded over time. Only three survived into the 20th century: the right to be tried by other peers of the realm instead of juries
of commoner
s, freedom from arrest in civil (but not criminal) cases, and access to the Sovereign to advise him or her on matters of state. The right to be tried by other peers was abolished in 1948. Legal opinion considers the right of freedom from arrest as extremely limited in application, if at all. The remaining privilege is not exercised and was recommended for formal abolition in 1999, but has never been formally revoked.
Peers also have several other rights not formally part of the privilege of peerage. For example, they are entitled to use coronet
s and supporters on their achievements of arms
.
from the Acts of Union 1707
and Irish peers
from the Act of Union 1800
, therefore, have the privilege of peerage. From 1800, Irish peers have had the right to stand for election to the United Kingdom House of Commons
but they lose the privilege of peerage for the duration of their service in the lower House. Since 1999, hereditary peers of England
, Scotland
, Great Britain
, and the United Kingdom
who are not members of the House of Lords may stand for election to the House of Commons. Their privilege of peerage is not explicitly lost by service in the lower House. Any peer issuing a disclaimer under the provisions of the Peerage Act 1963
loses all privileges of peerage. The privilege of peerage also extends to wives and widows of peers. A peeress by marriage loses the privilege upon marrying a commoner
, but a peeress suo jure
does not. Individuals who hold courtesy title
s, however, do not have such privileges by virtue of those titles. Lords Spiritual
(the 26 Archbishops and Bishops who sit in the House of Lords) do not have the privilege of peerage as, at least since 1621, they have been Lords of Parliament, and not peers.
Just as commoners have a right to trial by a jury of their equals (other commoners), peers and peeresses formerly had a right to trial by other peers. The right of peers to trial by their own order was formalized during the 14th century. A statute passed in 1341 provided:
The privilege of trial by peers was still ill-defined, and the statute did not cover peeresses. In 1442, after an ecclesiastical court (which included King Henry VI of England
, Henry Beaufort and John Kemp
) found Eleanor, Duchess of Gloucester
, guilty of witchcraft
and banished her to the Isle of Man
, a statute was enacted granting peeresses the right of trial by peers.
By the reign of Henry VII of England
, there were two methods of trial by peers of the realm: trial in the House of Lords (or, in proper terms, by the High Court of Parliament) and trial in the Court of the Lord High Steward
. The House of Lords tried the case if Parliament was in session; otherwise, trial was by the Lord High Steward's Court. In both cases, the Lord High Steward presided. Before the trial, a peer would be indicted by a Grand Jury
, as was normally done with commoners, but instead of being decided by the Assize Courts, the Lord High Steward's Court or Parliament would issue a writ of certiorari ordering the lower court to certify the case up to it.
In the House of Lords, the Lord High Steward was the President or Chairman of the Court, but the entire House determined both questions of fact and questions of law. At the end of the trial, peers voted on the question before them, starting with the most junior baron
and proceeding in order of precedence, ending with the Lord High Steward himself, by standing and declaring the verdict on their honour—not on oath, as is the case in juries trying commoners. By convention, Bishop
s and Archbishop
s did not vote on the verdict, though they were able to cast votes on procedural questions arising during the course of the trial. Instead, they sat until the conclusion of the deliberations, withdrawing from the chamber just prior to the final vote. All decisions were by simple majority, provided that at least twelve peers voted. The entire House also determined the punishment to be imposed, which had to accord with the law. For capital crimes the punishment was death; the last peer to be executed was Laurence Shirley, 4th Earl Ferrers
, who was hanged for murder in 1760.
In the Lord High Steward's Court, the Lord High Steward functioned as a judge, determining questions of law, while a group of Lords Triers, essentially a jury composed of other peers, decided questions of fact and the verdict. By custom the number of Triers was not fewer than 23, so that a majority was a minimum of 12, but in fact the number ranged from 20 to 35. The power to choose which peers served as Triers lay with the Crown and was sometimes subject to abuse, as only those peers who agreed with the monarch's position would be summoned to the Court of the Lord High Steward, thereby favouring the desired verdict. This practice was ended by the Treason Act 1695
, passed during the reign of King William III
. The Act required that all peers be summoned as triers. All subsequent trials were held before the full High Court of Parliament.
From 1547 if a peer or peeress was convicted of a crime, except treason or murder, he or she could claim "privilege of peerage" to escape punishment if it was their first offence. In all, the privilege was exercised five times, until it was formally abolished in 1841 when James Brudenell, 7th Earl of Cardigan
, announced he would claim the privilege and avoid punishment if he was convicted of duelling. He was acquitted before the introduction of the bill.
The last trial in the House of Lords was that of Edward Southwell Russell, 26th Baron de Clifford
, in 1935 for motor manslaughter (he was acquitted); the following year the Lords passed a bill to abolish trial by peers but the Commons ignored it. In 1948, the right to trial by peers was abolished when the Lords added an amendment to the Criminal Justice Act, which the Commons accepted. Now, peers are tried by juries composed of commoners, though they were themselves excluded from jury service until the passage of the House of Lords Act 1999
.
Peers were, and still are hypothetically, subject to impeachment
. Impeachment was a procedure distinct from the aforementioned procedure of trial in the House of Lords, though the House of Lords is the court in both cases. Charges were brought by the House of Commons, not a Grand Jury. Additionally, while in normal cases the House of Lords tried peers only for felonies or treason, in impeachments the charges could include felonies, treason and misdemeanours. The case directly came before the House of Lords, rather than being referred to it by a writ of certiorari. The Lord High Steward presided only if a peer was charged with high treason; otherwise the Lord Chancellor
presided. Other procedures in trials of impeachment were similar, however, to trials before the House of Lords: at the conclusion of the trial, the spiritual peers withdrew, and the temporal Lords gave their votes on their honour. The last impeachment was that of Henry Dundas, 1st Viscount Melville
, in 1806 for misappropriating public money (he was acquitted). Since then, impeachment has become an obsolete procedure in the United Kingdom.
Most often the privilege was applied in cases of imprisonment in debtors' prisons. In 1870, both imprisonment for debt and the privilege in relation to freedom from arrest for bankruptcy were abolished, and as a result the freedom became extremely limited in practical application. Now, civil proceedings involve arrests only when an individual disobeys a court order. Since 1945, the privilege of freedom from arrest in civil cases has arisen in only two cases: Stourton v Stourton (1963) and Peden International Transport, Moss Bros, The Rowe Veterinary Group and Barclays Bank plc v Lord Mancroft
(1989). In the latter most recent case, the trial judge considered the privilege obsolete and inapplicable, and said in proceedings, "the privilege did not apply—indeed ... it is unthinkable in modern times that, in circumstances such as they are in this case, it should".
, peers were summoned to form the magnum concilium, or Great Council, which was one of the four councils belonging to the Sovereign. The other three were the Privy Council
, Parliament (which was called the commune concilium, or Common Council), and judges (who are considered counsellors of the Sovereign on legal matters).
A council composed only of peers was often summoned by early English Kings. Such a council, having been in disuse for centuries, was revived in 1640, when Charles I
summoned all of the peers of the realm using writs issued under the Great Seal
. Though such a council has not been summoned since then, and was considered obsolete at the time, each peer is commonly considered a counsellor of the Sovereign, and, according to Sir William Blackstone
in 1765, "it is usually looked upon to be the right of each particular peer of the realm, to demand an audience of the King, and to lay before him, with decency and respect, such matters as he shall judge of importance to the public weal
."
The privilege of access is no longer exercised, but it is possibly still retained by peers whether members of the House of Lords or not. In 1999, the Joint Committee on Parliamentary Privilege recommended the formal abolition of any remaining privilege of peerage.
, the defamation of a peer (or of a Great Officer of State
) was called scandalum magnatum. The Statute of Westminster of 1275 provided that "from henceforth none be so hardy to tell or publish any false News or Tales, whereby discord, or occasion of discord or slander may grow between the King and his People, or the Great Men of the Realm." Scandalum magnatum was punishable under the aforesaid statute as well as under further laws passed during the reign of Richard II
. Scandalum magnatum was both a tort and a criminal offence. The prohibition on scandalum magnatum was first enforced by the King's Council. During the reign of Henry VII
, the Star Chamber
, a court formerly reserved for trial of serious offences such as rioting, assumed jurisdiction over scandalum magnatum, as well as libel and slander, cases. The court, which sat without a jury and in secret, was often used as a political weapon and a device of royal tyranny, leading to its abolition in 1641; its functions in respect of defamation cases passed to the common law courts. Already, however, the number of cases had dwindled as the laws of libel, slander and contempt of court developed in its place. In the reign of Charles II
, scandalum magnatum was used by the future James II
against Titus Oates
, by Baron Gerard
against his cousin Alexander Fitton
, and by the Duke of Beaufort
against John Arnold. By the end of the 18th century, however, scandalum magnatum was obsolete. The prohibition on it was finally repealed by the Statute Law Revision Act 1887.
hat. According to the fable John de Courcy
, Earl of Ulster
, obtained from King John
the privilege of remaining covered in the presence of the Sovereign. Though the tale is untrue—de Courcy was never made an earl and did not receive such a privilege—several authorities on the peerage have seen fit to repeat it. A 19th-century edition of Burke's Peerage
suggests the origins of the privilege:
To reward his singular performance, King John supposedly granted de Courcy the privilege of remaining covered in the presence of the Sovereign. The 1823 edition of Debrett's Peerage gives an entirely fictitious account of how Almericus de Courcy, 23rd Baron Kingsale, asserted the privilege:
Despite such inaccuracies, the tale has been frequently repeated. Individual privileges that did exist have fallen into disuse—for example the Lord of the Manor of Worksop
(which is not a peerage) was extended the privilege and duty of attending the coronation of the British monarch
until 1937, but the right was not exercised at the 1953 coronation
of Queen Elizabeth II.
because of their ranks. Wives and children of peers are also entitled to a special precedence because of their station.
The Sovereign may, as fount of honour
, vary the precedence of the peers or of any other people. For example, Elizabeth II
granted her husband, HRH The Duke of Edinburgh
, precedence immediately following her; otherwise, he would have ranked along with the other dukes of the peerage of the United Kingdom.
and York
, the Great Officers of State and other important state functionaries such as the Prime Minister
. Thereafter, dukes precede marquess
es, who precede earl
s, who precede viscount
s, who precede bishops, who precede barons and lords of Parliament.
Within the members of each rank of the peerage, peers of England precede peers of Scotland. English and Scottish peers together precede peers of Great Britain. All of the aforementioned precede peers of Ireland created before 1801. Last come peers of Ireland created after 1801 and peers of the United Kingdom. Among peers of the same rank and Peerage, precedence is based on the creation of the title: those whose titles were created earlier precede those whose titles were created later. But in no case would a peer of a lower rank precede one of a higher rank. For example, the Duke of Fife
, the last non-royal to be created a duke, would come before the Marquess of Winchester
, though the latter's title was created earlier and is in a more senior peerage (the peerage of England).
The place of a peer in the order for gentlemen is taken by his wife in the order for ladies, except that a Dowager peeress of a particular title precedes the present holder of the same title. Children of peers (and suo jure peeresses) also obtain a special precedence. The following algorithm may be used to determine their ranks:
Over time, however, various offices were inserted at different points in the order, thereby varying it.
Eldest sons of dukes rank after marquesses; eldest sons of marquesses and then younger sons of dukes rank after earls; eldest sons of earls and then younger sons of marquesses rank after viscounts. Eldest sons of viscounts, younger sons of earls, and then eldest sons of barons, in that order, follow barons, with the Treasurer of the Household
, the Comptroller of the Household
, the Vice-Chamberlain of the Household
and Secretaries of State being interpolated between them and the barons. Younger sons of viscounts, and then younger sons of barons, come after the aforesaid eldest sons of barons, with Knights of the Order of the Garter
and Order of the Thistle
, Privy Council
lors and senior judges being intercalated between them and eldest sons of barons.
Children of the eldest son of a peer also obtain a special precedence. Generally, the eldest son of the eldest son of a peer comes immediately before his uncles, while the younger sons of the eldest son of a peer come after them. Therefore, eldest sons of eldest sons of dukes come before younger sons of dukes, and younger sons of eldest sons of dukes come after them, and so forth for all the ranks. Below the younger sons of barons are baronets, knights, circuit judges and companions of the various orders of Chivalry, followed by the eldest sons of younger sons of peers.
Wives of all of the aforementioned have precedence corresponding to their husbands', unless otherwise entitled to a higher precedence, for instance by virtue of holding a certain office. An individual's daughter takes precedence after the wife of that individual's eldest son and before the wives of that individual's younger sons. Therefore, daughters of peers rank immediately after wives of eldest sons of peers; daughters of eldest sons of peers rank immediately after wives of eldest sons of eldest sons of peers; daughters of younger sons of peers rank after wives of eldest sons of younger sons of peers. Such a daughter keeps her precedence if marrying a commoner (unless that marriage somehow confers a higher precedence), but rank as their husband if marrying a peer.
Lords Temporal assume precedence similar to precedence outside Parliament. One difference in the precedence of peers relates to the positions of the Great Officers of State and the officers of the Sovereign's Household. Some Great Officers—the Lord Chancellor
, the Lord High Treasurer
, the Lord President of the Council
and the Lord Privy Seal
—provided they are peers, rank before all other peers except those who are of the Blood Royal (no precedence is accorded if they are not peers). The positions of the other Great Officers—the Lord Great Chamberlain
, the Lord High Constable
, the Earl Marshal
and the Lord High Admiral
—and the officers of the Household—the Lord Steward
and the Lord Chamberlain
—are based on their respective ranks. Thus, if the Lord Steward were a duke, he would precede all dukes, if a marquess, he would precede all marquesses, and so on. If two such officers are of the same rank, the precedence of the offices (reflected by the order in which they are mentioned above) is taken into account: if the Lord Great Chamberlain and Earl Marshal were both marquesses, for example, then the Great Chamberlain would precede the Earl Marshal, as the former office precedes the latter.
In practice, however, the Act is obsolete, as the Lords do not actually sit according to strict precedence; instead, peers sit with their political parties.
. Dukes were the first individuals authorised to wear coronets. Marquesses acquired coronets in the 15th century, earls in the 16th and viscounts and barons in the 17th. Until the barons received coronets in 1661, the coronets of earls, marquesses and dukes were engraved
while those of viscounts were plain. After 1661, however, viscomital coronets became engraved, while baronial coronets were plain. Coronets may not bear any precious or semi-precious stones. Generally, only peers may use the coronets corresponding to their ranks. The Bishop of Durham, however, may use a duke's coronet atop the arms as a reference to the historical temporal authority of the Prince-Bishops of Durham.
Peers wear their coronets at coronations. Otherwise, coronets are seen only in heraldic representations, atop a peer's arms. Coronets include a silver gilt
chaplet and a base of ermine
fur. The coronet varies with the rank of the peer. A member of the Royal Family uses a royal coronet instead of the coronet he or she would use as a peer or peeress.
Ducal coronets include eight strawberry leaves atop the chaplet, five of which are displayed in heraldic representations. Marquesses have coronets with four strawberry leaves alternating with four silver balls, of which three leaves and two balls are displayed. Coronets for earls have eight strawberry leaves alternating with eight silver balls (called "pearls" even though they are not) raised on spikes, of which five silver balls and four leaves are displayed. Coronets for viscounts have 16 silver balls, of which seven are displayed. Finally, baronial coronets have six silver balls, of which four are displayed. Peeresses use equivalent designs, but in the form of a circlet
, which encircles the head, rather than a coronet, which rests atop the head.
Peers are entitled to the use of supporters in their achievements of arms. Hereditary supporters are normally limited to hereditary peers, certain members of the Royal Family, chiefs of Scottish Clans, Scottish feudal barons whose baronies predate 1587. Non-hereditary supporters are granted to life peers, Knights of the Garter
, Knights of the Thistle
, Knights Grand Cross of the Bath
and Knights Grand Cross of St Michael and St George
, and knights banneret
.
Peers, like most other armigers, may display helms atop their arms. Helms of peers are depicted in silver and facing the viewer's left. The helm is garnished in gold and the closed visor has gold bars, normally numbering five. Along with the helm, peers use a mantling
, one side of which is red and the other a representation of the heraldic fur ermine. The mantling of peers is emblazoned gules, doubled ermine. Peeresses and other female armigers do not bear helms or mantlings.
Peers have special robes that are worn at coronations and during certain special Parliamentary occasions, such as the State Opening of Parliament
. The robes have special designs based on the rank of the peer. The coronation robes and coronets used at Elizabeth II's coronation in 1953 cost about £1,250 (roughly £,000 in present-day terms).
Coronation robes of peers include crimson velvet cloaks extending to the feet, open in the front and trailing behind. The robes also include a hood and a cape of miniver. The rank of the peer is demonstrated by bars of sealskin spots on the cape: Royal dukes have six, other dukes four, marquesses three and a half, earls three, viscounts two and a half, and barons two. The rank of peeresses (female peers and wives of male peers) is denoted differently, by the length of the train. Duchesses have two-yard trains, marchionesses one and three quarters, countesses one and a half, viscountesses one and a quarter, and baronesses and female holders of lordships of Parliament one.
The Parliamentary robe of peers is full-length, made of scarlet wool
and includes a collar of white miniver fur. Miniver bars indicate the rank of the wearer as with coronation robes. Such robes are worn by members of the peerage at occasions such as introductions
and State Openings of Parliament.
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
. It is distinct from Parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
, which applies only to those peers serving in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
and the members of the House of Commons
British 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 . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, while Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
is in session and forty days before and after a Parliamentary session.
The privileges have been lost and eroded over time. Only three survived into the 20th century: the right to be tried by other peers of the realm instead of juries
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of commoner
Commoner
In British law, a commoner is someone who is neither the Sovereign nor a peer. Therefore, any member of the Royal Family who is not a peer, such as Prince Harry of Wales or Anne, Princess Royal, is a commoner, as is any member of a peer's family, including someone who holds only a courtesy title,...
s, freedom from arrest in civil (but not criminal) cases, and access to the Sovereign to advise him or her on matters of state. The right to be tried by other peers was abolished in 1948. Legal opinion considers the right of freedom from arrest as extremely limited in application, if at all. The remaining privilege is not exercised and was recommended for formal abolition in 1999, but has never been formally revoked.
Peers also have several other rights not formally part of the privilege of peerage. For example, they are entitled to use coronet
Coronet
A coronet is a small crown consisting of ornaments fixed on a metal ring. Unlike a crown, a coronet never has arches.The word stems from the Old French coronete, a diminutive of coronne , itself from the Latin corona .Traditionally, such headgear is – as indicated by the German equivalent...
s and supporters on their achievements of arms
Heraldry
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"...
.
Extent
The privilege of peerage extends to all temporal peers and peeresses regardless of their position in relation to the House of Lords. The right to sit in the House is separate from the privilege, and is held by only some peers (see History of Lords Reform). Scottish peersPeerage of Scotland
The Peerage of Scotland is the division of the British Peerage for those peers created in the Kingdom of Scotland before 1707. With that year's Act of Union, the Kingdom of Scotland and the Kingdom of England were combined into the Kingdom of Great Britain, and a new Peerage of Great Britain was...
from the Acts of Union 1707
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
and Irish peers
Peerage of Ireland
The Peerage of Ireland is the term used for those titles of nobility created by the English and later British monarchs of Ireland in their capacity as Lord or King of Ireland. The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are Duke, Marquess, Earl,...
from the Act of Union 1800
Act of Union 1800
The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
, therefore, have the privilege of peerage. From 1800, Irish peers have had the right to stand for election to the United Kingdom House of Commons
British 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 . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
but they lose the privilege of peerage for the duration of their service in the lower House. Since 1999, hereditary peers of England
Peerage of England
The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. In that year, the Peerages of England and Scotland were replaced by one Peerage of Great Britain....
, Scotland
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. With that year's Act of Union, the Kingdom of Scotland and the Kingdom of England were combined into the Kingdom of Great Britain, and a new Peerage of Great Britain was...
, Great Britain
Peerage of Great Britain
The Peerage of Great Britain comprises all extant peerages created in the Kingdom of Great Britain after the Act of Union 1707 but before the Act of Union 1800...
, and the United Kingdom
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 it replaced the Peerage of Great Britain...
who are not members of the House of Lords may stand for election to the House of Commons. Their privilege of peerage is not explicitly lost by service in the lower House. Any peer issuing a disclaimer under the provisions of the Peerage Act 1963
Peerage Act 1963
The Peerage Act 1963 is the Act of the Parliament of the United Kingdom that permitted peeresses in their own right and all Scottish hereditary peers to sit in the House of Lords, and which allows newly inherited hereditary peerages to be "disclaimed".-Background:The Act resulted largely from the...
loses all privileges of peerage. The privilege of peerage also extends to wives and widows of peers. A peeress by marriage loses the privilege upon marrying a commoner
Commoner
In British law, a commoner is someone who is neither the Sovereign nor a peer. Therefore, any member of the Royal Family who is not a peer, such as Prince Harry of Wales or Anne, Princess Royal, is a commoner, as is any member of a peer's family, including someone who holds only a courtesy title,...
, but a peeress suo jure
Suo jure
Suo jure is a Latin phrase meaning "in her [or his] own right".It is commonly encountered in the context of titles of nobility, especially in cases where a wife may hold a title in her own right rather than through her marriage....
does not. Individuals who hold courtesy title
Courtesy title
A courtesy title is a form of address in systems of nobility used for children, former wives and other close relatives of a peer. These styles are used 'by courtesy' in the sense that the relatives do not themselves hold substantive titles...
s, however, do not have such privileges by virtue of those titles. Lords Spiritual
Lords Spiritual
The Lords Spiritual of the United Kingdom, also called Spiritual Peers, are the 26 bishops of the established Church of England who serve in the House of Lords along with the Lords Temporal. The Church of Scotland, which is Presbyterian, is not represented by spiritual peers...
(the 26 Archbishops and Bishops who sit in the House of Lords) do not have the privilege of peerage as, at least since 1621, they have been Lords of Parliament, and not peers.
Trial by peers
Whereas before this time the peers of the land have been arrested and imprisoned, and their temporalities, lands, and tenements, goods and cattels, asseized in the King's hands, and some put to death without judgment of their peers: It is accorded and assented, that no peer of the land ... shall be brought in judgment to lose his temporalities, lands, tenements, goods and cattels, nor to be arrested, imprisoned, outlawed, exiled, nor forejudged, nor put to answer, nor be judged, but by award of the said peers in Parliament.
The privilege of trial by peers was still ill-defined, and the statute did not cover peeresses. In 1442, after an ecclesiastical court (which included King Henry VI of England
Henry VI of England
Henry VI was King of England from 1422 to 1461 and again from 1470 to 1471, and disputed King of France from 1422 to 1453. Until 1437, his realm was governed by regents. Contemporaneous accounts described him as peaceful and pious, not suited for the violent dynastic civil wars, known as the Wars...
, Henry Beaufort and John Kemp
John Kemp
John Kemp was a medieval English cardinal, archbishop of Canterbury, and Lord Chancellor of England.-Biography:Kemp was son of Thomas Kempe, a gentleman of Ollantigh, in the parish of Wye near Ashford, Kent...
) found Eleanor, Duchess of Gloucester
Eleanor Cobham
Eleanor [née Eleanor Cobham], Duchess of Gloucester , was a mistress and the second wife of Humphrey, Duke of Gloucester. A convicted sorceress, her imprisonment for treasonable necromancy in 1441 was a cause célèbre.-Family:...
, guilty of witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...
and banished her to the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
, a statute was enacted granting peeresses the right of trial by peers.
By the reign of Henry VII of England
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
, there were two methods of trial by peers of the realm: trial in the House of Lords (or, in proper terms, by the High Court of Parliament) and trial in the Court of the Lord High Steward
Lord High Steward
The position of Lord High Steward of England is the first of the Great Officers of State. The office has generally remained vacant since 1421, except at coronations and during the trials of peers in the House of Lords, when the Lord High Steward presides. In general, but not invariably, the Lord...
. The House of Lords tried the case if Parliament was in session; otherwise, trial was by the Lord High Steward's Court. In both cases, the Lord High Steward presided. Before the trial, a peer would be indicted by a Grand Jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
, as was normally done with commoners, but instead of being decided by the Assize Courts, the Lord High Steward's Court or Parliament would issue a writ of certiorari ordering the lower court to certify the case up to it.
In the House of Lords, the Lord High Steward was the President or Chairman of the Court, but the entire House determined both questions of fact and questions of law. At the end of the trial, peers voted on the question before them, starting with the most junior baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
and proceeding in order of precedence, ending with the Lord High Steward himself, by standing and declaring the verdict on their honour—not on oath, as is the case in juries trying commoners. By convention, Bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s and Archbishop
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...
s did not vote on the verdict, though they were able to cast votes on procedural questions arising during the course of the trial. Instead, they sat until the conclusion of the deliberations, withdrawing from the chamber just prior to the final vote. All decisions were by simple majority, provided that at least twelve peers voted. The entire House also determined the punishment to be imposed, which had to accord with the law. For capital crimes the punishment was death; the last peer to be executed was Laurence Shirley, 4th Earl Ferrers
Laurence Shirley, 4th Earl Ferrers
Laurence Shirley, 4th Earl Ferrers was the last member of the House of Lords hanged in England.The 4th Earl Ferrers, descendant of an ancient and noble family, was the eldest son of Hon. Laurence Ferrers, himself a younger son of the Robert Shirley, 1st Earl Ferrers-a descendant of Robert...
, who was hanged for murder in 1760.
In the Lord High Steward's Court, the Lord High Steward functioned as a judge, determining questions of law, while a group of Lords Triers, essentially a jury composed of other peers, decided questions of fact and the verdict. By custom the number of Triers was not fewer than 23, so that a majority was a minimum of 12, but in fact the number ranged from 20 to 35. The power to choose which peers served as Triers lay with the Crown and was sometimes subject to abuse, as only those peers who agreed with the monarch's position would be summoned to the Court of the Lord High Steward, thereby favouring the desired verdict. This practice was ended by the Treason Act 1695
Treason Act 1695
The Treason Act 1695 is an Act of the Parliament of England which laid down rules of evidence and procedure in high treason trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821...
, passed during the reign of King William III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
. The Act required that all peers be summoned as triers. All subsequent trials were held before the full High Court of Parliament.
From 1547 if a peer or peeress was convicted of a crime, except treason or murder, he or she could claim "privilege of peerage" to escape punishment if it was their first offence. In all, the privilege was exercised five times, until it was formally abolished in 1841 when James Brudenell, 7th Earl of Cardigan
James Brudenell, 7th Earl of Cardigan
Lieutenant General James Thomas Brudenell, 7th Earl of Cardigan, KCB , was an officer in the British Army who commanded the Light Brigade during the Crimean War...
, announced he would claim the privilege and avoid punishment if he was convicted of duelling. He was acquitted before the introduction of the bill.
The last trial in the House of Lords was that of Edward Southwell Russell, 26th Baron de Clifford
Edward Southwell Russell, 26th Baron de Clifford
Lieutenant Colonel Edward Southwell Russell, 26th Baron de Clifford, OBE, TD was the only son of Jack Southwell Russell, 25th Baron de Clifford, and Eva Carrington....
, in 1935 for motor manslaughter (he was acquitted); the following year the Lords passed a bill to abolish trial by peers but the Commons ignored it. In 1948, the right to trial by peers was abolished when the Lords added an amendment to the Criminal Justice Act, which the Commons accepted. Now, peers are tried by juries composed of commoners, though they were themselves excluded from jury service until the passage of the House of Lords Act 1999
House of Lords Act 1999
The House of Lords Act 1999 was an Act of the Parliament of the United Kingdom that was given Royal Assent on 11 November 1999. The Act reformed the House of Lords, one of the chambers of Parliament. For centuries, the House of Lords had included several hundred members who inherited their seats;...
.
Peers were, and still are hypothetically, subject to impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
. Impeachment was a procedure distinct from the aforementioned procedure of trial in the House of Lords, though the House of Lords is the court in both cases. Charges were brought by the House of Commons, not a Grand Jury. Additionally, while in normal cases the House of Lords tried peers only for felonies or treason, in impeachments the charges could include felonies, treason and misdemeanours. The case directly came before the House of Lords, rather than being referred to it by a writ of certiorari. The Lord High Steward presided only if a peer was charged with high treason; otherwise the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
presided. Other procedures in trials of impeachment were similar, however, to trials before the House of Lords: at the conclusion of the trial, the spiritual peers withdrew, and the temporal Lords gave their votes on their honour. The last impeachment was that of Henry Dundas, 1st Viscount Melville
Henry Dundas, 1st Viscount Melville
Henry Dundas, 1st Viscount Melville PC and Baron Dunira was a Scottish lawyer and politician. He was the first Secretary of State for War and the last person to be impeached in the United Kingdom....
, in 1806 for misappropriating public money (he was acquitted). Since then, impeachment has become an obsolete procedure in the United Kingdom.
Freedom from arrest
The privilege of freedom from arrest applies to members of both Houses of Parliament because of the principle that they must, whenever possible, be available to give advice to the Sovereign. Several other nations have copied this provision; the Constitution of the United States, for example, provides, "The Senators and Representatives ... shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses." Theoretically, even when Parliament is not sitting peers enjoy the privilege because they continue to serve the Sovereign as counsellors. However, peers are free from arrest in civil cases only; arrests in criminal matters are not covered by the privilege. Until 1770, a peer's domestic servants were also covered by the privilege of freedom from arrest in civil matters.Most often the privilege was applied in cases of imprisonment in debtors' prisons. In 1870, both imprisonment for debt and the privilege in relation to freedom from arrest for bankruptcy were abolished, and as a result the freedom became extremely limited in practical application. Now, civil proceedings involve arrests only when an individual disobeys a court order. Since 1945, the privilege of freedom from arrest in civil cases has arisen in only two cases: Stourton v Stourton (1963) and Peden International Transport, Moss Bros, The Rowe Veterinary Group and Barclays Bank plc v Lord Mancroft
Benjamin Mancroft, 3rd Baron Mancroft
Benjamin Lloyd Stormont Mancroft, 3rd Baron Mancroft is a British peer, businessman, Conservative Party politician and former heroin addict.The son of the 2nd Baron Mancroft and Diana Lloyd, he was educated at Eton College, Berkshire...
(1989). In the latter most recent case, the trial judge considered the privilege obsolete and inapplicable, and said in proceedings, "the privilege did not apply—indeed ... it is unthinkable in modern times that, in circumstances such as they are in this case, it should".
Access to the Sovereign
The Sovereign is traditionally advised by various counsellors, including the peers of the realm. After the Norman conquest of EnglandNorman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...
, peers were summoned to form the magnum concilium, or Great Council, which was one of the four councils belonging to the Sovereign. The other three were the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, Parliament (which was called the commune concilium, or Common Council), and judges (who are considered counsellors of the Sovereign on legal matters).
A council composed only of peers was often summoned by early English Kings. Such a council, having been in disuse for centuries, was revived in 1640, when Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
summoned all of the peers of the realm using writs issued under the Great Seal
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
. Though such a council has not been summoned since then, and was considered obsolete at the time, each peer is commonly considered a counsellor of the Sovereign, and, according to Sir William Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
in 1765, "it is usually looked upon to be the right of each particular peer of the realm, to demand an audience of the King, and to lay before him, with decency and respect, such matters as he shall judge of importance to the public weal
Common good
The common good is a term that can refer to several different concepts. In the popular meaning, the common good describes a specific "good" that is shared and beneficial for all members of a given community...
."
The privilege of access is no longer exercised, but it is possibly still retained by peers whether members of the House of Lords or not. In 1999, the Joint Committee on Parliamentary Privilege recommended the formal abolition of any remaining privilege of peerage.
Scandalum magnatum
At one time, the honour of peers was especially protected by the law; while defamation of a commoner was known as libel or slanderSlander and libel
Defamation—also called calumny, vilification, traducement, slander , and libel —is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image...
, the defamation of a peer (or of a Great Officer of State
Great Officer of State
In the United Kingdom, the Great Officers of State are traditional Crown ministers, who either inherit their positions or are appointed to exercise certain largely ceremonial functions. Separate Great Officers exist for England and Scotland, and formerly for Ireland...
) was called scandalum magnatum. The Statute of Westminster of 1275 provided that "from henceforth none be so hardy to tell or publish any false News or Tales, whereby discord, or occasion of discord or slander may grow between the King and his People, or the Great Men of the Realm." Scandalum magnatum was punishable under the aforesaid statute as well as under further laws passed during the reign of Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
. Scandalum magnatum was both a tort and a criminal offence. The prohibition on scandalum magnatum was first enforced by the King's Council. During the reign of Henry VII
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
, the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
, a court formerly reserved for trial of serious offences such as rioting, assumed jurisdiction over scandalum magnatum, as well as libel and slander, cases. The court, which sat without a jury and in secret, was often used as a political weapon and a device of royal tyranny, leading to its abolition in 1641; its functions in respect of defamation cases passed to the common law courts. Already, however, the number of cases had dwindled as the laws of libel, slander and contempt of court developed in its place. In the reign of Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, scandalum magnatum was used by the future James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
against Titus Oates
Titus Oates
Titus Oates was an English perjurer who fabricated the "Popish Plot", a supposed Catholic conspiracy to kill King Charles II.-Early life:...
, by Baron Gerard
Baron Gerard
There have been three baronies created for descendants of the Gerard family who resided at Bryn, Ashton in Makerfield, Lancashire and Kingsley, Cheshire in the 13th century....
against his cousin Alexander Fitton
Alexander Fitton
Sir Alexander Fitton sometimes known as Baron Gawsworth, was an Irish barrister who became Lord Chancellor of Ireland despite having spent many years in prison.- Family and early career :...
, and by the Duke of Beaufort
Duke of Beaufort
Duke of Beaufort is a title in the Peerage of England. It was created by Charles II in 1682 for Henry Somerset, 3rd Marquess of Worcester, a descendant of Charles Somerset, 1st Earl of Worcester, illegitimate son of Henry Beaufort, 3rd Duke of Somerset, a Lancastrian leader in the Wars of the...
against John Arnold. By the end of the 18th century, however, scandalum magnatum was obsolete. The prohibition on it was finally repealed by the Statute Law Revision Act 1887.
Privilege myths
Fanciful tales of peers with whimsical privileges circulate, such as that of the right to wear a hat in the presence of the Sovereign. The most persistent example of such a legend is that of the KingsaleBaron Kingsale
The Barony of Kingsale is one of the most ancient peerage titles in Britain or Ireland. The Barony, in the Peerage of Ireland, dates to the thirteenth century, perhaps being created circa 1223, though other sources give different dates. The first creation was by writ. The title was officially...
hat. According to the fable John de Courcy
John de Courcy
John de Courcy was a Anglo-Norman knight who arrived in Ireland in 1176. From then until his expulsion in 1204, he conquered a considerable territory, endowed religious establishments, built abbeys for both the Benedictines and the Cistercians and built strongholds at Dundrum Castle in County...
, Earl of Ulster
Earl of Ulster
The title of Earl of Ulster has been created several times in the Peerage of Ireland and Peerage of the United Kingdom. Currently, the title is a subsidiary title of the Duke of Gloucester, and is used as a courtesy title by the Duke's son, Alexander Windsor, Earl of Ulster...
, obtained from King John
John of England
John , also known as John Lackland , was King of England from 6 April 1199 until his death...
the privilege of remaining covered in the presence of the Sovereign. Though the tale is untrue—de Courcy was never made an earl and did not receive such a privilege—several authorities on the peerage have seen fit to repeat it. A 19th-century edition of Burke's Peerage
Burke's Peerage
Burke's Peerage publishes authoritative, in-depth historical guides to the royal and titled families of the United Kingdom, such as Burke's Peerage, Baronetage & Knightage, and of many other countries. Founded in 1826 by British genealogist John Burke Esq., and continued by his son, Sir John...
suggests the origins of the privilege:
- ... the Earl of Ulster was treacherously seized while performing penance, unarmed and barefooted, in the churchyard of Downpatrick, on Good FridayGood FridayGood Friday , is a religious holiday observed primarily by Christians commemorating the crucifixion of Jesus Christ and his death at Calvary. The holiday is observed during Holy Week as part of the Paschal Triduum on the Friday preceding Easter Sunday, and may coincide with the Jewish observance of...
, anno 1203, and sent over to England, where the king condemned him to perpetual imprisonment in the TowerTower of LondonHer Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
... After de Courcy had been in confinement about a year, a dispute happening to arise between King John and Philip Augustus of France concerning the Duchy of NormandyDuchy of NormandyThe Duchy of Normandy stems from various Danish, Norwegian, Hiberno-Norse, Orkney Viking and Anglo-Danish invasions of France in the 9th century...
, the decision of which being referred to single combat, King John, more hasty than advised, appointed the day, against which the King of France provided his champion; but the King of England, less fortunate, could find no one of his subjects willing to take up the gauntlet, until his captive in the Tower, the stout Earl of Ulster, was prevailed upon to accept the challenge. But when everything was prepared for the contest, and the champions had entered the lists, in presence of the Kings of England, France and Spain, the opponent of the earl, seized with a sudden panic, put spurs to his horse, and fled the arena; whereupon the victory was adjudged by acclamation to the champion of England. The French king being informed, however, of the earl's powerful strength, and wishing to witness some exhibition of it, de Courcy, at the desire of King John, cleft a massive helmet in twain at a single blow.
To reward his singular performance, King John supposedly granted de Courcy the privilege of remaining covered in the presence of the Sovereign. The 1823 edition of Debrett's Peerage gives an entirely fictitious account of how Almericus de Courcy, 23rd Baron Kingsale, asserted the privilege:
- Being very handsome in his person, and of a tall stature, his lordship one day attended King William's court, and being admitted into the presence-chamber, asserted the privilege of being covered before his majesty, by walking to and fro with his hat on his head. The king observing him, sent one of his attendants to inquire the reason of his appearance before him with his head covered; to whom he replied, he knew very well in whose presence he stood, and the reason why he wore his hat that day was, because he stood before the king of England. This answer being told the king, and his lordship approaching nearer the throne, was required by his majesty to explain himself, which he did to this effect: "May it please your majesty, my name is Courcy, and I am Lord of Kingsale in your kingdom of IrelandKingdom of IrelandThe Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
: the reason of my appearing covered in your majesty's presence is, to assert the ancient privilege of my family, granted to sir John de Courcy, earl of Ulster, and his heirs, by John, king of England, for him and his successors for ever." The king replied, he remembered he had such a nobleman, and believed the privilege he asserted to be his right, and giving him his hand to kiss, his lordship paid his obeisance, and remained covered.
Despite such inaccuracies, the tale has been frequently repeated. Individual privileges that did exist have fallen into disuse—for example the Lord of the Manor of Worksop
Manor of Worksop
The Manor of Worksop is a feudal entity in the Dukeries area of Nottinghamshire, England. Held in Grand Serjeanty by a lord of the manor, it was originally connected with nearby Worksop Manor, a stately home.-History:...
(which is not a peerage) was extended the privilege and duty of attending the coronation of the British monarch
Coronation of the British monarch
The coronation of the British monarch is a ceremony in which the monarch of the United Kingdom is formally crowned and invested with regalia...
until 1937, but the right was not exercised at the 1953 coronation
Coronation of Queen Elizabeth II
The Coronation of Queen Elizabeth II was the ceremony in which the newly ascended monarch, Elizabeth II, was crowned Queen of the United Kingdom, Canada, Australia, New Zealand, South Africa, Ceylon, and Pakistan, as well as taking on the role of Head of the Commonwealth...
of Queen Elizabeth II.
Precedence
Peers are entitled to a special precedenceOrder of precedence
An order of precedence is a sequential hierarchy of nominal importance of items. Most often it is used in the context of people by many organizations and governments...
because of their ranks. Wives and children of peers are also entitled to a special precedence because of their station.
The Sovereign may, as fount of honour
Fount of honour
The fount of honour refers to a nation's head of state, who, by virtue of his or her official position, has the exclusive right of conferring legitimate titles of nobility and orders of chivalry to other persons.- Origin :...
, vary the precedence of the peers or of any other people. For example, Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
granted her husband, HRH The Duke of Edinburgh
Prince Philip, Duke of Edinburgh
Prince Philip, Duke of Edinburgh is the husband of Elizabeth II. He is the United Kingdom's longest-serving consort and the oldest serving spouse of a reigning British monarch....
, precedence immediately following her; otherwise, he would have ranked along with the other dukes of the peerage of the United Kingdom.
General precedence
In England and Wales, the Sovereign ranks first, followed by the Royal Family. Then follow the Archbishops of CanterburyArchbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
and York
Archbishop of York
The Archbishop of York is a high-ranking cleric in the Church of England, second only to the Archbishop of Canterbury. He is the diocesan bishop of the Diocese of York and metropolitan of the Province of York, which covers the northern portion of England as well as the Isle of Man...
, the Great Officers of State and other important state functionaries such as the Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
. Thereafter, dukes precede marquess
Marquess
A marquess or marquis is a nobleman of hereditary rank in various European peerages and in those of some of their former colonies. The term is also used to translate equivalent oriental styles, as in imperial China, Japan, and Vietnam...
es, who precede earl
Earl
An earl is a member of the nobility. The title is Anglo-Saxon, akin to the Scandinavian form jarl, and meant "chieftain", particularly a chieftain set to rule a territory in a king's stead. In Scandinavia, it became obsolete in the Middle Ages and was replaced with duke...
s, who precede viscount
Viscount
A viscount or viscountess is a member of the European nobility whose comital title ranks usually, as in the British peerage, above a baron, below an earl or a count .-Etymology:...
s, who precede bishops, who precede barons and lords of Parliament.
Within the members of each rank of the peerage, peers of England precede peers of Scotland. English and Scottish peers together precede peers of Great Britain. All of the aforementioned precede peers of Ireland created before 1801. Last come peers of Ireland created after 1801 and peers of the United Kingdom. Among peers of the same rank and Peerage, precedence is based on the creation of the title: those whose titles were created earlier precede those whose titles were created later. But in no case would a peer of a lower rank precede one of a higher rank. For example, the Duke of Fife
Duke of Fife
Duke of Fife is a title in the Peerage of the United Kingdom, named after Fife in Scotland. There have been two creations of the title, the first in 1889 and the second in 1900, both in favour of Alexander Duff, 6th Earl Fife in the Peerage of Ireland and 1st Earl of Fife in the Peerage of the...
, the last non-royal to be created a duke, would come before the Marquess of Winchester
Marquess of Winchester
Marquess of Winchester is a title in the Peerage of England. It was created in 1551 for the prominent statesman William Paulet, 1st Earl of Wiltshire. He had already been created Baron St John in 1539 and Earl of Wiltshire in 1550, also in the Peerage of England...
, though the latter's title was created earlier and is in a more senior peerage (the peerage of England).
The place of a peer in the order for gentlemen is taken by his wife in the order for ladies, except that a Dowager peeress of a particular title precedes the present holder of the same title. Children of peers (and suo jure peeresses) also obtain a special precedence. The following algorithm may be used to determine their ranks:
- Eldest sons of peers of rank X go after peers of rank X−1
- Younger sons of peers of rank X go after eldest sons of peers of rank X−1
- Wives have a precedence corresponding to those of their husbands
- Daughters of peers of rank X go after wives of eldest sons of peers of rank X
Over time, however, various offices were inserted at different points in the order, thereby varying it.
Eldest sons of dukes rank after marquesses; eldest sons of marquesses and then younger sons of dukes rank after earls; eldest sons of earls and then younger sons of marquesses rank after viscounts. Eldest sons of viscounts, younger sons of earls, and then eldest sons of barons, in that order, follow barons, with the Treasurer of the Household
Treasurer of the Household
The position of Treasurer of the Household is theoretically held by a household official of the British monarch, under control of the Lord Steward's Department, but is, in fact, a political office held by one of the government's Deputy Chief Whips in the House of Commons...
, the Comptroller of the Household
Comptroller of the Household
The Comptroller of the Household is an ancient position in the English royal household, currently the second-ranking member of the Lord Steward's department, and often a cabinet member. He was an ex officio member of the Board of Green Cloth, until that body was abolished in the reform of the local...
, the Vice-Chamberlain of the Household
Vice-Chamberlain of the Household
The Vice-Chamberlain of the Household is usually a junior government whip in the British House of Commons and is an officer of the Royal Household of the Sovereign of the United Kingdom. He or she is the Deputy to the Lord Chamberlain of the Household. The Vice-Chamberlain's main role is to compile...
and Secretaries of State being interpolated between them and the barons. Younger sons of viscounts, and then younger sons of barons, come after the aforesaid eldest sons of barons, with Knights of the Order of the Garter
Order of the Garter
The Most Noble Order of the Garter, founded in 1348, is the highest order of chivalry, or knighthood, existing in England. The order is dedicated to the image and arms of St...
and Order of the Thistle
Order of the Thistle
The Most Ancient and Most Noble Order of the Thistle is an order of chivalry associated with Scotland. The current version of the Order was founded in 1687 by King James VII of Scotland who asserted that he was reviving an earlier Order...
, Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
lors and senior judges being intercalated between them and eldest sons of barons.
Children of the eldest son of a peer also obtain a special precedence. Generally, the eldest son of the eldest son of a peer comes immediately before his uncles, while the younger sons of the eldest son of a peer come after them. Therefore, eldest sons of eldest sons of dukes come before younger sons of dukes, and younger sons of eldest sons of dukes come after them, and so forth for all the ranks. Below the younger sons of barons are baronets, knights, circuit judges and companions of the various orders of Chivalry, followed by the eldest sons of younger sons of peers.
Wives of all of the aforementioned have precedence corresponding to their husbands', unless otherwise entitled to a higher precedence, for instance by virtue of holding a certain office. An individual's daughter takes precedence after the wife of that individual's eldest son and before the wives of that individual's younger sons. Therefore, daughters of peers rank immediately after wives of eldest sons of peers; daughters of eldest sons of peers rank immediately after wives of eldest sons of eldest sons of peers; daughters of younger sons of peers rank after wives of eldest sons of younger sons of peers. Such a daughter keeps her precedence if marrying a commoner (unless that marriage somehow confers a higher precedence), but rank as their husband if marrying a peer.
Precedence within Parliament
The order of precedence used to determine seating in the House of Lords chamber is governed by an Act of Parliament passed in 1539. Precedence as provided by the Act is similar to, but not the same as, the order outside Parliament. The Sovereign, however, does not have the authority to change the precedence assigned by the Act.Lords Temporal assume precedence similar to precedence outside Parliament. One difference in the precedence of peers relates to the positions of the Great Officers of State and the officers of the Sovereign's Household. Some Great Officers—the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, the Lord High Treasurer
Lord High Treasurer
The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Act of Union of 1707. A holder of the post would be the third highest ranked Great Officer of State, below the Lord High Chancellor and above the Lord President...
, the Lord President of the Council
Lord President of the Council
The Lord President of the Council is the fourth of the Great Officers of State of the United Kingdom, ranking beneath the Lord High Treasurer and above the Lord Privy Seal. The Lord President usually attends each meeting of the Privy Council, presenting business for the monarch's approval...
and the Lord Privy Seal
Lord Privy Seal
The Lord Privy Seal is the fifth of the Great Officers of State in the United Kingdom, ranking beneath the Lord President of the Council and above the Lord Great Chamberlain. The office is one of the traditional sinecure offices of state...
—provided they are peers, rank before all other peers except those who are of the Blood Royal (no precedence is accorded if they are not peers). The positions of the other Great Officers—the Lord Great Chamberlain
Lord Great Chamberlain
The Lord Great Chamberlain of England is the sixth of the Great Officers of State, ranking beneath the Lord Privy Seal and above the Lord High Constable...
, the Lord High Constable
Lord High Constable of England
The Lord High Constable of England is the seventh of the Great Officers of State, ranking beneath the Lord Great Chamberlain and above the Earl Marshal. His office is now called out of abeyance only for coronations. The Lord High Constable was originally the commander of the royal armies and the...
, the Earl Marshal
Earl Marshal
Earl Marshal is a hereditary royal officeholder and chivalric title under the sovereign of the United Kingdom used in England...
and the Lord High Admiral
Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...
—and the officers of the Household—the Lord Steward
Lord Steward
The Lord Steward or Lord Steward of the Household, in England, is an important official of the Royal Household. He is always a peer. Until 1924, he was always a member of the Government...
and the Lord Chamberlain
Lord Chamberlain
The Lord Chamberlain or Lord Chamberlain of the Household is one of the chief officers of the Royal Household in the United Kingdom and is to be distinguished from the Lord Great Chamberlain, one of the Great Officers of State....
—are based on their respective ranks. Thus, if the Lord Steward were a duke, he would precede all dukes, if a marquess, he would precede all marquesses, and so on. If two such officers are of the same rank, the precedence of the offices (reflected by the order in which they are mentioned above) is taken into account: if the Lord Great Chamberlain and Earl Marshal were both marquesses, for example, then the Great Chamberlain would precede the Earl Marshal, as the former office precedes the latter.
In practice, however, the Act is obsolete, as the Lords do not actually sit according to strict precedence; instead, peers sit with their political parties.
Coats of arms
Peers are generally entitled to use certain heraldic devices. Atop the arms, a peer may display a coronetCoronet
A coronet is a small crown consisting of ornaments fixed on a metal ring. Unlike a crown, a coronet never has arches.The word stems from the Old French coronete, a diminutive of coronne , itself from the Latin corona .Traditionally, such headgear is – as indicated by the German equivalent...
. Dukes were the first individuals authorised to wear coronets. Marquesses acquired coronets in the 15th century, earls in the 16th and viscounts and barons in the 17th. Until the barons received coronets in 1661, the coronets of earls, marquesses and dukes were engraved
Engraving
Engraving is the practice of incising a design on to a hard, usually flat surface, by cutting grooves into it. The result may be a decorated object in itself, as when silver, gold, steel, or glass are engraved, or may provide an intaglio printing plate, of copper or another metal, for printing...
while those of viscounts were plain. After 1661, however, viscomital coronets became engraved, while baronial coronets were plain. Coronets may not bear any precious or semi-precious stones. Generally, only peers may use the coronets corresponding to their ranks. The Bishop of Durham, however, may use a duke's coronet atop the arms as a reference to the historical temporal authority of the Prince-Bishops of Durham.
Peers wear their coronets at coronations. Otherwise, coronets are seen only in heraldic representations, atop a peer's arms. Coronets include a silver gilt
Gilding
The term gilding covers a number of decorative techniques for applying fine gold leaf or powder to solid surfaces such as wood, stone, or metal to give a thin coating of gold. A gilded object is described as "gilt"...
chaplet and a base of ermine
Ermine
Ermine has several uses:* A common name for the stoat * The white fur and black tail end of this animal, which is historically worn by and associated with royalty and high officials...
fur. The coronet varies with the rank of the peer. A member of the Royal Family uses a royal coronet instead of the coronet he or she would use as a peer or peeress.
Ducal coronets include eight strawberry leaves atop the chaplet, five of which are displayed in heraldic representations. Marquesses have coronets with four strawberry leaves alternating with four silver balls, of which three leaves and two balls are displayed. Coronets for earls have eight strawberry leaves alternating with eight silver balls (called "pearls" even though they are not) raised on spikes, of which five silver balls and four leaves are displayed. Coronets for viscounts have 16 silver balls, of which seven are displayed. Finally, baronial coronets have six silver balls, of which four are displayed. Peeresses use equivalent designs, but in the form of a circlet
Circlet
A circlet is a crown with neither arches nor a cap ....
, which encircles the head, rather than a coronet, which rests atop the head.
Peers are entitled to the use of supporters in their achievements of arms. Hereditary supporters are normally limited to hereditary peers, certain members of the Royal Family, chiefs of Scottish Clans, Scottish feudal barons whose baronies predate 1587. Non-hereditary supporters are granted to life peers, Knights of the Garter
Order of the Garter
The Most Noble Order of the Garter, founded in 1348, is the highest order of chivalry, or knighthood, existing in England. The order is dedicated to the image and arms of St...
, Knights of the Thistle
Order of the Thistle
The Most Ancient and Most Noble Order of the Thistle is an order of chivalry associated with Scotland. The current version of the Order was founded in 1687 by King James VII of Scotland who asserted that he was reviving an earlier Order...
, Knights Grand Cross of the Bath
Order of the Bath
The Most Honourable Order of the Bath is a British order of chivalry founded by George I on 18 May 1725. The name derives from the elaborate mediæval ceremony for creating a knight, which involved bathing as one of its elements. The knights so created were known as Knights of the Bath...
and Knights Grand Cross of St Michael and St George
Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
, and knights banneret
Knight banneret
A knight banneret, sometimes known simply as banneret, was a Medieval knight who led a company of troops during time of war under his own banner and were eligible to bear supporters in English heraldry.The military rank of a knight banneret was...
.
Peers, like most other armigers, may display helms atop their arms. Helms of peers are depicted in silver and facing the viewer's left. The helm is garnished in gold and the closed visor has gold bars, normally numbering five. Along with the helm, peers use a mantling
Mantling
In heraldry, mantling or lambrequin is drapery tied to the helmet above the shield. It forms a backdrop for the shield. In paper heraldry it is a depiction of the protective cloth covering worn by knights from their helmets to stave off the elements, and, secondarily, to decrease the effects of...
, one side of which is red and the other a representation of the heraldic fur ermine. The mantling of peers is emblazoned gules, doubled ermine. Peeresses and other female armigers do not bear helms or mantlings.
Robes
State Opening of Parliament
In the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December or, in a general election year, when the new Parliament first assembles...
. The robes have special designs based on the rank of the peer. The coronation robes and coronets used at Elizabeth II's coronation in 1953 cost about £1,250 (roughly £,000 in present-day terms).
Coronation robes of peers include crimson velvet cloaks extending to the feet, open in the front and trailing behind. The robes also include a hood and a cape of miniver. The rank of the peer is demonstrated by bars of sealskin spots on the cape: Royal dukes have six, other dukes four, marquesses three and a half, earls three, viscounts two and a half, and barons two. The rank of peeresses (female peers and wives of male peers) is denoted differently, by the length of the train. Duchesses have two-yard trains, marchionesses one and three quarters, countesses one and a half, viscountesses one and a quarter, and baronesses and female holders of lordships of Parliament one.
The Parliamentary robe of peers is full-length, made of scarlet wool
Wool
Wool is the textile fiber obtained from sheep and certain other animals, including cashmere from goats, mohair from goats, qiviut from muskoxen, vicuña, alpaca, camel from animals in the camel family, and angora from rabbits....
and includes a collar of white miniver fur. Miniver bars indicate the rank of the wearer as with coronation robes. Such robes are worn by members of the peerage at occasions such as introductions
Introduction (House of Lords)
Introduction is a ceremony in the House of Lords whereby new members are "introduced" to the existing membership. Introductions in the Lords are more elaborate than those in the House of Commons.-Origins:...
and State Openings of Parliament.
See also
- Judicial functions of the House of LordsJudicial functions of the House of LordsThe House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
- List of trials of peers in the House of Lords
Further reading
- Ceremony of Introduction – Report ( 1998). The House of Lords. Retrieved on 2007-10-22.