Hereditary peer

Barony by writ is a term from the English nobility law. Such a barony is one of the two ways in which in medieval England and thereafter ( until 1722) a hereditary barony was created with a seat in the House of Lords.

Historical development

Originally, there were in England after the Norman Conquest no hereditary title of Baron. Barons, however, were often called the large landowners who owned more than 13 1/2 Ritter fief. Since it was not a title, the holders of such great fiefs in certificates were usually not ( as John of so and so ) named as barons, but as dominus, liber baro or just after her possession named. Gradually, the name barony by tenure naturalized for these gentlemen later to describe without a needle legal status. Such barons were, for example, mentioned in the Magna Carta barons who forced King John in 1215 to respect certain basic rights and to grant privileges.

Then the king took the management of the government of the Council, he convened at regular council meetings men of his acquaintance, who do not already included on the basis of their offices and position in the state for his counselors, such as Bishops, Earls and owner of Kronämtern. This confidant of the king were to appear from it by a call to the regular meetings of the Council, appoint a so-called Writ of Summons in the Council. It was first 1265th Although it was not originally the intention of the king to create in this way a hereditary peerage title of Baron, but gradually ( the conscripts bore the title of Baron) was from these convocations a hereditary claim of the descendants of the man called, also to be appointed. The result was the hereditary title of Baron and the barony by writ ..

That is not from the beginning the creation of a hereditary peerage was intended in this creation, arises from the fact that not all are called, were the offspring could inherit the title and the seat in the upper house. Even if the respective king usually also appointed the heir of his council member after his death in the Council, this does not always happen. Were more often called forth during the 14th and 15th century post- and Nachnachkommen, the more solidified customary law the view in the barony by writ if it were a special form to create a hereditary title. At least since the early 16th century this was legally generally recognized. This was particularly evident also that in the absence of a male inheriting the title is not extinguished, but could be inherited by a daughter. In this case, could her husband, because women could not be members of the upper house, the House of Lords on behalf of his wife to enter, but not in its own right, but Jure uxoris (Latin from the right of the wife).

In addition to the baronies by writ there since the 14th century is also another way to be appointed hereditary Baron: This was done by a formal patent of nobility, the king exhibited a deserving vassals. This survey by Letters Patent was made for the first time in 1389 for John de Beauchamp by King Richard II, who rose to Beauchamp Lord of Beauchamp and Baron of Kidderminster. From this point on, more and more baronies were created by Letters Patent, under Henry VI. only 11, while the number of originally only existing possibility to create hereditary baronies through the Institute of barony by writ, first slowly, then faster and faster came out of practice until 1722 with the barony of Percy to date last time a barony by writ was created.

Legal Implementation of the barony by writ

The barony by writ is in contrast to the Barony by letters patent not only to male title holder heritable. While the Barony by Letters Patent expires if no male descendants of the first honoree, there are more, is the barony by writ heritable also to female offspring. Thus if a title holder only daughters, they inherit the entire hand. However, the title may only lead a person. With only one daughter inherits this title and then passed it on to her eldest son. If several daughters present, rests the title until only one heiress descendant is still available. This is not the case, the barony falls in Abeyance, ie it rests. Then rests until one of the descendants of the title out -do family petitioniert to the crown to finish the suspension and award him the title. If the Committee for Privileges and Conduct of the House of Lords finds, after examination of the documents submitted that the petitioner is heiress descendant of the family, reports the Committee of the Crown, in its discretion, it is then to restitute the dormant title of the petitioner. Since there are no time limits for requests for termination of Ruhenstatbestandes, it often takes a long time, sometimes centuries, to a abeyance is terminated and the new title holder / in is fixed. Currently (as of 2012), there are well over a hundred abeyant baronies by writ and around 40 support an existing such barony. Title is the eldest of Baron de Ros, created 1264. It is led therefore officially known as the Premier Barony of England ( first barony of England ) ..