Bounty Ended with 100 reputation awarded by Mark C. Wallace
3 added 1 character in body
source | link

This question Did an English Duke ever grant away aan Earldom that he held?" generated so much confusion, including references to courtesy titles and European practice, that I decided to contact the experts on British peerage at the House of Lords. I received a reply from the Assistant Registrar of the Peerage and Baronetage, which he has kindly permitted me to quote. His email includes an analogy with a Trust which, as it is not relevant here, I have omitted. I stated that I believed it was, and always had been, legally impossible for a peer to give away a title he held. Here is his response:-


"Thank you for your email; you are entirely correct.

The position is, certainly as regards English, GB or UK Peerages that it is not possible for the holder for the time being to divest himself of that title. ... a person may decide he or she does not wish to use their Peerage, but nevertheless they hold the rights for their life time... [or] as regards the Peerage under the terms of the grant of that title whether by Patent or in earlier times by Writ of Summons to Parliament. ...in the case of a Peerage the only two recourses a Peer has is to resign the title to the Crown or Petition the Crown for a Charter of Novadamus; in the former case there are I believe a few example of a resignation to the Crown and usually a re-grant to the person resigning it, perhaps under different terms as regards the remainder, but so far as I am aware Petitioning for a Charter of Novadamus has never been successful south of the Border - there are quite a number of examples where the terms of the remainder of a Scottish title were altered and provided, eg. for the holder to elect/decide to whom it should descend after him or her but I am as certain as I can be that English hereditary succession law has never entertained such a remedy. It is settled law that no transfer by sale or otherwise of a hereditary English, Scottish, GB or UK title (or indeed a Life Peerage) will be recognised in law." emphasese mine


So I repeat my original answer. In England, and the UK generally, it is simply not possible for a peer to "grant away" any of his titles.

This question Did an English Duke ever grant away a Earldom that he held?" generated so much confusion, including references to courtesy titles and European practice, that I decided to contact the experts on British peerage at the House of Lords. I received a reply from the Assistant Registrar of the Peerage and Baronetage, which he has kindly permitted me to quote. His email includes an analogy with a Trust which, as it is not relevant here, I have omitted. I stated that I believed it was, and always had been, legally impossible for a peer to give away a title he held. Here is his response:-


"Thank you for your email; you are entirely correct.

The position is, certainly as regards English, GB or UK Peerages that it is not possible for the holder for the time being to divest himself of that title. ... a person may decide he or she does not wish to use their Peerage, but nevertheless they hold the rights for their life time... [or] as regards the Peerage under the terms of the grant of that title whether by Patent or in earlier times by Writ of Summons to Parliament. ...in the case of a Peerage the only two recourses a Peer has is to resign the title to the Crown or Petition the Crown for a Charter of Novadamus; in the former case there are I believe a few example of a resignation to the Crown and usually a re-grant to the person resigning it, perhaps under different terms as regards the remainder, but so far as I am aware Petitioning for a Charter of Novadamus has never been successful south of the Border - there are quite a number of examples where the terms of the remainder of a Scottish title were altered and provided, eg. for the holder to elect/decide to whom it should descend after him or her but I am as certain as I can be that English hereditary succession law has never entertained such a remedy. It is settled law that no transfer by sale or otherwise of a hereditary English, Scottish, GB or UK title (or indeed a Life Peerage) will be recognised in law." emphasese mine


So I repeat my original answer. In England, and the UK generally, it is simply not possible for a peer to "grant away" any of his titles.

This question Did an English Duke ever grant away an Earldom that he held?" generated so much confusion, including references to courtesy titles and European practice, that I decided to contact the experts on British peerage at the House of Lords. I received a reply from the Assistant Registrar of the Peerage and Baronetage, which he has kindly permitted me to quote. His email includes an analogy with a Trust which, as it is not relevant here, I have omitted. I stated that I believed it was, and always had been, legally impossible for a peer to give away a title he held. Here is his response:-


"Thank you for your email; you are entirely correct.

The position is, certainly as regards English, GB or UK Peerages that it is not possible for the holder for the time being to divest himself of that title. ... a person may decide he or she does not wish to use their Peerage, but nevertheless they hold the rights for their life time... [or] as regards the Peerage under the terms of the grant of that title whether by Patent or in earlier times by Writ of Summons to Parliament. ...in the case of a Peerage the only two recourses a Peer has is to resign the title to the Crown or Petition the Crown for a Charter of Novadamus; in the former case there are I believe a few example of a resignation to the Crown and usually a re-grant to the person resigning it, perhaps under different terms as regards the remainder, but so far as I am aware Petitioning for a Charter of Novadamus has never been successful south of the Border - there are quite a number of examples where the terms of the remainder of a Scottish title were altered and provided, eg. for the holder to elect/decide to whom it should descend after him or her but I am as certain as I can be that English hereditary succession law has never entertained such a remedy. It is settled law that no transfer by sale or otherwise of a hereditary English, Scottish, GB or UK title (or indeed a Life Peerage) will be recognised in law." emphasese mine


So I repeat my original answer. In England, and the UK generally, it is simply not possible for a peer to "grant away" any of his titles.

2 deleted 1 character in body
source | link

This question Did an English Duke ever grant away a Earldom that he held?" generated so much confusion, including references to courtesy titles and European practice, that I decided to contact the experts on British peerage at the House of Lords. I received a reply from the Assistant Registrar of the Peerage and Baronetage, which he has kindly permitted me to quote. His email includes an analogy with a Trust which, as it is not relevant here, I have omitted. I stated that I believed it was, and always had been, legally impossible for a peer to give away a title he held. Here is his response:-


"Thank you for your email; you are entirely correct.

The position is, certainly as regards English, GB or UK Peerages that it is not possible for the holder for the time being to divest himself of that title. ... a person may decide he or she does not wish to use their Peerage, but nevertheless they hold the rights for their life time... [or] as regards the Peerage under the terms of the grant of that title whether by Patent or in earlier times by Writ of Summons to Parliament. ...in the case of a Peerage the only two recourses a Peer has is to resign the title to the Crown or Petition the Crown for a Charter of Novadamus; in the former case there are I believe a few example of a resignation to the Crown and usually a re-grant to the person resigning it, perhaps under different terms as regards the remainder, but so far as I am aware Petitioning for a Charter of Novadamus has never been successful south of the Border - there are quite a number of examples where the terms of the remainder of a Scottish title were altered and provided, eg. for the holder to elect/decide to whom it should descend after him or her but I am as certain as I can be that English hereditary succession law has never entertained such a remedy. It is settled law that no transfer by sale or otherwise of a hereditary English, Scottish, GB or UK title (or indeed a Life Peerage) will be recognised in law." emphasese mine


So I repeat my original answer. In England, and the UK generally, it is simply not possible for a peer to "grant away" any of his titles. R

This question Did an English Duke ever grant away a Earldom that he held?" generated so much confusion, including references to courtesy titles and European practice, that I decided to contact the experts on British peerage at the House of Lords. I received a reply from the Assistant Registrar of the Peerage and Baronetage, which he has kindly permitted me to quote. His email includes an analogy with a Trust which, as it is not relevant here, I have omitted. I stated that I believed it was, and always had been, legally impossible for a peer to give away a title he held. Here is his response:-


"Thank you for your email; you are entirely correct.

The position is, certainly as regards English, GB or UK Peerages that it is not possible for the holder for the time being to divest himself of that title. ... a person may decide he or she does not wish to use their Peerage, but nevertheless they hold the rights for their life time... [or] as regards the Peerage under the terms of the grant of that title whether by Patent or in earlier times by Writ of Summons to Parliament. ...in the case of a Peerage the only two recourses a Peer has is to resign the title to the Crown or Petition the Crown for a Charter of Novadamus; in the former case there are I believe a few example of a resignation to the Crown and usually a re-grant to the person resigning it, perhaps under different terms as regards the remainder, but so far as I am aware Petitioning for a Charter of Novadamus has never been successful south of the Border - there are quite a number of examples where the terms of the remainder of a Scottish title were altered and provided, eg. for the holder to elect/decide to whom it should descend after him or her but I am as certain as I can be that English hereditary succession law has never entertained such a remedy. It is settled law that no transfer by sale or otherwise of a hereditary English, Scottish, GB or UK title (or indeed a Life Peerage) will be recognised in law." emphasese mine


So I repeat my original answer. In England, and the UK generally, it is simply not possible for a peer to "grant away" any of his titles. R

This question Did an English Duke ever grant away a Earldom that he held?" generated so much confusion, including references to courtesy titles and European practice, that I decided to contact the experts on British peerage at the House of Lords. I received a reply from the Assistant Registrar of the Peerage and Baronetage, which he has kindly permitted me to quote. His email includes an analogy with a Trust which, as it is not relevant here, I have omitted. I stated that I believed it was, and always had been, legally impossible for a peer to give away a title he held. Here is his response:-


"Thank you for your email; you are entirely correct.

The position is, certainly as regards English, GB or UK Peerages that it is not possible for the holder for the time being to divest himself of that title. ... a person may decide he or she does not wish to use their Peerage, but nevertheless they hold the rights for their life time... [or] as regards the Peerage under the terms of the grant of that title whether by Patent or in earlier times by Writ of Summons to Parliament. ...in the case of a Peerage the only two recourses a Peer has is to resign the title to the Crown or Petition the Crown for a Charter of Novadamus; in the former case there are I believe a few example of a resignation to the Crown and usually a re-grant to the person resigning it, perhaps under different terms as regards the remainder, but so far as I am aware Petitioning for a Charter of Novadamus has never been successful south of the Border - there are quite a number of examples where the terms of the remainder of a Scottish title were altered and provided, eg. for the holder to elect/decide to whom it should descend after him or her but I am as certain as I can be that English hereditary succession law has never entertained such a remedy. It is settled law that no transfer by sale or otherwise of a hereditary English, Scottish, GB or UK title (or indeed a Life Peerage) will be recognised in law." emphasese mine


So I repeat my original answer. In England, and the UK generally, it is simply not possible for a peer to "grant away" any of his titles.

1
source | link

This question Did an English Duke ever grant away a Earldom that he held?" generated so much confusion, including references to courtesy titles and European practice, that I decided to contact the experts on British peerage at the House of Lords. I received a reply from the Assistant Registrar of the Peerage and Baronetage, which he has kindly permitted me to quote. His email includes an analogy with a Trust which, as it is not relevant here, I have omitted. I stated that I believed it was, and always had been, legally impossible for a peer to give away a title he held. Here is his response:-


"Thank you for your email; you are entirely correct.

The position is, certainly as regards English, GB or UK Peerages that it is not possible for the holder for the time being to divest himself of that title. ... a person may decide he or she does not wish to use their Peerage, but nevertheless they hold the rights for their life time... [or] as regards the Peerage under the terms of the grant of that title whether by Patent or in earlier times by Writ of Summons to Parliament. ...in the case of a Peerage the only two recourses a Peer has is to resign the title to the Crown or Petition the Crown for a Charter of Novadamus; in the former case there are I believe a few example of a resignation to the Crown and usually a re-grant to the person resigning it, perhaps under different terms as regards the remainder, but so far as I am aware Petitioning for a Charter of Novadamus has never been successful south of the Border - there are quite a number of examples where the terms of the remainder of a Scottish title were altered and provided, eg. for the holder to elect/decide to whom it should descend after him or her but I am as certain as I can be that English hereditary succession law has never entertained such a remedy. It is settled law that no transfer by sale or otherwise of a hereditary English, Scottish, GB or UK title (or indeed a Life Peerage) will be recognised in law." emphasese mine


So I repeat my original answer. In England, and the UK generally, it is simply not possible for a peer to "grant away" any of his titles. R