Baronies created by error
Encyclopedia
Baronies created by error refers to English
baronies (baronies in the Peerage of England
), Scottish
baronial titles (in the Peerage of Scotland
) and Irish
baronies (baronies in the Peerage of Ireland
) that were created by error. The usual type of error was perpetrated in the Committee on Privileges of the British House of Lords
, whether by the Committee itself or by a clerk, in mistaking the origins of a dormant, abeyant
, or extinct title
, and in awarding that title to a person who was not the heir to that peerage
. Such mistakes are rare.
One such error was made when the English barony of Wharton
was conferred upon a claimant, believing that the barony had been created by writ of summons; however, the original barony had been created by letters patent
to the heirs male of the original grantee. In this case, the original documentation had been lost.
Similar errors were made for the Percy barony
when the 7th Duke of Somerset
was summoned to Parliament
erroneously in 1722 as Baron Percy (in the belief that the 1299 barony had descended to his mother), and the Strange barony
created in 1628 for the 7th Earl of Derby
by error.
Since the early twentieth century, the Committee on Privileges has been reluctant to revive older English baronies on various grounds, and thus, the opportunity for new baronies to be created by clerical error
or failure in research are rare.
which was awarded to a distant collateral heir male of a previous earl, and not to the heir general, as customary under Scottish peerage law. However, this did not create a new Scottish earldom of Mar, that already having been done three centuries earlier. As a result, there are two peers holding the Mar title today; the Countess of Mar
(holder of the oldest surviving Scottish peerage) and the Earl of Mar and Kellie
.
The most common errors are made in the spelling of a title as granted in letters patent.
This category does not include baronies such as the very old English Barony de Ros
or the Barony of Hastings
that were awarded to persons who were not the senior heir (or co-heir) general. Nor does it include baronies that were not awarded at all to the claimant, for various other reasons.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
baronies (baronies in the Peerage of England
Peerage of England
The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. In that year, the Peerages of England and Scotland were replaced by one Peerage of Great Britain....
), Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
baronial titles (in the Peerage of Scotland
Peerage of Scotland
The Peerage of Scotland is the division of the British Peerage for those peers created in the Kingdom of Scotland before 1707. With that year's Act of Union, the Kingdom of Scotland and the Kingdom of England were combined into the Kingdom of Great Britain, and a new Peerage of Great Britain was...
) and Irish
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
baronies (baronies in the Peerage of Ireland
Peerage of Ireland
The Peerage of Ireland is the term used for those titles of nobility created by the English and later British monarchs of Ireland in their capacity as Lord or King of Ireland. The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are Duke, Marquess, Earl,...
) that were created by error. The usual type of error was perpetrated in the Committee on Privileges of the British House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, whether by the Committee itself or by a clerk, in mistaking the origins of a dormant, abeyant
Abeyance
Abeyance is a state of expectancy in respect of property, titles or office, when the right to them is not vested in any one person, but awaits the appearance or determination of the true owner. In law, the term abeyance can only be applied to such future estates as have not yet vested or possibly...
, or extinct title
Title
A title is a prefix or suffix added to someone's name to signify either veneration, an official position or a professional or academic qualification. In some languages, titles may even be inserted between a first and last name...
, and in awarding that title to a person who was not the heir to that peerage
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
. Such mistakes are rare.
One such error was made when the English barony of Wharton
Baron Wharton
Baron Wharton is a title in the Peerage of England, originally granted by letters patent to the heirs male of the 1st Baron, which was forfeited in 1729 when the last male-line heir was declared an outlaw. The Barony was erroneously revived in 1916 by writ of summons, thanks to an 1844 decision in...
was conferred upon a claimant, believing that the barony had been created by writ of summons; however, the original barony had been created by letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
to the heirs male of the original grantee. In this case, the original documentation had been lost.
Similar errors were made for the Percy barony
Baron Percy
The title Baron Percy has been created several times in the Peerage of England. The first, in 1066 a Feudal Barony rather than a peerage, became extinct in 1299. The second, in 1299, became extinct in 1517. The third, in 1557, became extinct in 1670. The present creation was in 1722, by writ of...
when the 7th Duke of Somerset
Algernon Seymour, 7th Duke of Somerset
General Algernon Seymour, 7th Duke of Somerset was the son of Charles Seymour, 6th Duke of Somerset and his wife, Elizabeth...
was summoned to Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
erroneously in 1722 as Baron Percy (in the belief that the 1299 barony had descended to his mother), and the Strange barony
Baron Strange
Baron Strange is a title that has been created several times in the Peerage of England. Two creations, one in 1295 and another in 1325, had only one holder each, upon the death of whom they became extinct. Two of the creations are still extant, however...
created in 1628 for the 7th Earl of Derby
Earl of Derby
Earl of Derby is a title in the Peerage of England. The title was first adopted by Robert de Ferrers, 1st Earl of Derby under a creation of 1139. It continued with the Ferrers family until the 6th Earl forfeited his property toward the end of the reign of Henry III and died in 1279...
by error.
Since the early twentieth century, the Committee on Privileges has been reluctant to revive older English baronies on various grounds, and thus, the opportunity for new baronies to be created by clerical error
Clerical error
A clerical error is an error on part of an office worker, often a secretary or personal assistant. It is a phrase which can also be used as an excuse to deflect blame away from specific individuals, such as high powered executives, and instead redirect it to the more anonymous clerical staff.A...
or failure in research are rare.
Other errors
The most famous error made by the House of Lords in awarding a title was not in the case of a barony, but for the Scottish earldom of MarEarl of Mar
The Mormaer or Earl of Mar is a title that has been created seven times, all in the Peerage of Scotland. The first creation of the earldom was originally the provincial ruler of the province of Mar in north-eastern Scotland...
which was awarded to a distant collateral heir male of a previous earl, and not to the heir general, as customary under Scottish peerage law. However, this did not create a new Scottish earldom of Mar, that already having been done three centuries earlier. As a result, there are two peers holding the Mar title today; the Countess of Mar
Margaret of Mar, 30th Countess of Mar
Margaret of Mar, 31st Countess of Mar and 24th Lady Garioch, is a crossbench member of the House of Lords, an elected hereditary peer, the holder of the original Earldom of Mar, the oldest peerage title in the United Kingdom and a farmer and specialist cheesemaker in Worcestershire...
(holder of the oldest surviving Scottish peerage) and the Earl of Mar and Kellie
James Erskine, 14th Earl of Mar
James Thorne Erskine, 14th Earl of Mar and 16th Earl of Kellie, DL is a British peer and Liberal Democrat member of the House of Lords....
.
The most common errors are made in the spelling of a title as granted in letters patent.
This category does not include baronies such as the very old English Barony de Ros
Baron de Ros
The title of Baron de Ros of Helmsley is the most ancient baronial title in the Peerage of England. The title of Baron de Ros of Helmsley is the most ancient baronial title in the Peerage of England. The title of Baron de Ros of Helmsley is the most ancient baronial title in the Peerage of England....
or the Barony of Hastings
Baron Hastings
Baron Hastings is a title that has been created three times. The first creation was in the Peerage of England in 1295, and is still extant. The second creation was in the Peerage of England in 1299, and became extinct on the death of the first holder in c. 1314...
that were awarded to persons who were not the senior heir (or co-heir) general. Nor does it include baronies that were not awarded at all to the claimant, for various other reasons.