Peerage

Peerage, the dignity of the lords, or peers of the realm. Where, on the death of a peer, doubts arise respecting the devolution of his dignity, and in all cases of long abeyance or other non-enjoyment of a peerage, the Lord Chancellor will not issue his writ of summons to a claimant without a previous investigation of his title, in order to which the claimant must present a petition to the Crown through the Home Secretary, which the Crown then refers to the Attorney-General, and in most cases the claim is subsequently referred to the Lords Committee for Privileges. For the practice and procedure in peerage claims, see Hubback on Succession, p. 84; Shrewsbury Peerage,(1857) 7 HLC 1; Palmer's Peerage Law in England. In modern practice the creation of a peerage must be shown to have taken place either by writ, or by letters patent; the latter mode of creation was introduced in the eleventh year of Ric. 2. If the claim is by writ, actually sitting in Parliament is also essential, for until he sit the writ has no operation (Co. Litt. 16 b, 9 b; Hubback, p. 151). As to what will amount to a 'Parliament' for this purpose, see St. John Peerage Claim, 1915, AC 282, and the (English) Honours (Prevention of Abuses) Act, 1925 (15 & 16 Geo. 5, c. 72), an Act to prevent abuses in connection with grant of honours.