Image of the Month: June 2004

Stafford Peerage claim evidential papers: a letter from Garter illustrated with a border of coloured heraldic badges. (HL/PO/DC/CP/4/174)

Peerage claim records

When the holder of a title died, his (or more rarely her) heir would apply for a Writ of Summons to attend Parliament as part of the course of asserting their right to the peerage.  In a straightforward peerage claim, the heir to a peerage would apply to the Lord Chancellor for a Writ of Summons to attend Parliament.  Complications arose when a serious doubt existed about the legitimacy of the claim, for example where the claimant was not a direct descendant, there was uncertainty about the legitimacy of a marriage or there was more than one claimant to the title.  Where an immediate heir did not come forward or a legitimate claim could not be established, the peerage was said to be in abeyance, as there was a gap in the succession to the title.  To call a peerage out of abeyance or assert a claim where right may be under dispute, the claimant had to apply to the Crown for the receipt of a Writ of Summons.  The matter was then referred to the Committee for Privileges, which also dealt with complaints of prima facie breach of privilege, took evidence, and reported its recommendations to the Lords, where they were debated before the House decided whether or not to accept them.

The Parliamentary Archives holds records of the House of Lords Committee for Privileges dating between 1627 and 1989.