This seems to be the month when authors and readers send me questions of “procedures” for those living in Georgian/Regency England.

PROCEDURE ON CLAIMS

Most claims are going to be straight forward and having the claim settled will only take a few weeks (Note: This formality does not prevent the claimant from using the title in the meantime, and there is no law stating that the claimant HAS to come forward and make a claim, e.g. the Berkeley case where the elder brother was found to be illegitimate, and the younger never claimed the title ). The heir makes a petition to the Crown to be recognized. This petition is quite detailed (it is more formal than just proving one is the heir to the man who just died). I’ll quote from the book: “The petition should be addressed to the Crown and should state in what way the peerage claimed was originally created, whether by charter or patent, or by girding or by writ and sitting thereon. It should further set out the facts which show that, according to the limitations of its creation, the peerage in question has descended to the claimant, or where the petition claims as a co-heir, the facts which show that the peerage is in abeyance and that the claimant is one of the co-heirs and who are the other co-heirs. The facts elide on should be set out in considerable detail. It is not enough to state generally that the peerage claimed has descended to the claimant, the line of descent must be traced.”

In truth, I have found differing information about just who the petition goes to (I am guessing it changed at some point, and that is the reason for the contractions.). It goes to either the Attorney-General or the Lord Chancellor. The office of each would then review it and if satisfied, present it to the sovereign. If they or the sovereign are unsure or if there is a complication (such as multiple claims), it goes to the Committee for Privileges for review.

There are rules about presenting a printed case and their being no vote allowed for two weeks after it is presented (presumably allowing time for the case to be reviewed). It is at this stage that any secondary claims must be presented. The person who believes they have a claim submits a request to the House of Lords to be heard. After they are heard, the Lords then decide if they can submit their own printed claim. 

What happens when there is a dispute? Well, the Lords are inherently conservative when it comes to reviewing these cases. They have a strong liking for precedent and are, generally, inclined to side with those who have been won the support of the one believed to be the legal heir. When something truly ugly happens, usually both parties walk away with a title. One with the original title and one with a new one. Read the Mar Case (under Peerage Law on Wikipedia), which also illustrates the decisions of the Lords can not be overturned and are considered binding). 

I highly recommend the review of Peerage Law in England to anyone who wants to devise an inheritance plot. It is full of actual case examples and all kinds of juicy tidbits that are perfect for creating a complicated and interesting legal plot. The book even details what kinds of evidence are considered legal and acceptable by the Lords (Charter or patent, sitting in Parliament, public/parish registers [marriage, birth, death], Heralds’ books, family Bibles, letters, diaries, even inscriptions on tombstones).

Fee simple refers to the man/holder of the property who has complete ownership of the property and can sell it or leave it to whomever he wishes.

There were different rules of peerages for Scotland in the 18th century before Scottish peers could sit in the English House of Lords.

Also, Scotland kept baronies by tenure longer than England did–that is a lord who was not a parliamentary lord was considered a member of their peerage. Those peerages went to whomever held the land and could, often, be given away as the current owner wished. I do not think that they had any higher rank than barony, though. Of course, I have been wrong previously and would gladly have someone point in the right direction. I am currently writing about a Scottish lord who sits in the House of Lord, so anything you might wish to share privately would be welcomed.

Lord Lyon was the one who decided  on Scottish peerages in Scotland. “The Office of Lord Lyon stems out of medieval times, but actually goes back further into the Celtic history of Scotland. Scotland and Spain are probably the only countries where a court of heraldry and genealogy still exists, but the Court of the Lord Lyon is the last of the heraldic courts that sits regularly …”

“The Lord Lyon, as the sole judge of the heraldic court in Scotland, has an administrative responsibility for the granting of new arms to individuals or organisations. The Public Register of All Arms and Bearings in Scotland, in which the Lyon Clerk records all Scotland’s coats of arms, was established by the Lyon King of Arms Act 1672. Section 1 of the 1672 Act provides that the Lord Lyon “may give Armes to vertuous and well deserving Persones and Extracts of all Armes expressing the blasoning of the Arms undir his hand and seall of office”.

“An application for a new grant of arms is made by petition to the Court of the Lord Lyon. Where the Lord Lyon decides, in the exercise of his discretion under the royal prerogative, to grant the petition, the determination is set out in a warrant authorising the Lyon Clerk to prepare Letters Patent – a formal title deed from the Crown issued to the petitioner – granting appropriate armorial bearings and to register the arms in the Public Register. In addition to confirming claims to existing arms and determining claims to chiefships of clans, the Lord Lyon also registers and records new clan tartans.” [Scottish Legal News]

A book some have found helpful is . . .

“Remarks Upon Scotch Peerage Law,” by John Riddell, published in 1828

The Ministry of Justice, College of the House of Lords, offers guidance notes on succession. They are modern regulations, but steeped in tradition and can provide a write answers to some of his/her questions. https://www.college-of-arms.gov.uk/GuidanceNotes1.pdf

Still Have Questions? See Other Pieces I Have Written on Peerage Claims, Etc.

Claiming a Title in the Regency Era

Peerage, Abdication, Inheritance and Questions of Legality

Peerage Law in Georgian England

The Skinny on Abdicating a Title During the Regency Period

What Is the Difference Between a Peerage that Is “Dormant,” “Extinct,” or in “Abeyance”?

When Might the Heir Style Himself With His New Title in Regency Romances?