Letters patent ( always in the plural ; abbreviated to LsP by the Crown Office ), in the United Kingdom, are legal instruments generally issued by the monarch granting an office, right, title (in the peerage and baronetage), or status to a person (and sometimes in regards to corporations and cities). Letters patent have also been used for the creation of corporations or offices, for granting city status , for granting coat of arms, and for granting royal assent .
53-691: Lords of Appeal in Ordinary , commonly known as Law Lords , were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords , as a committee of the House, effectively to exercise the judicial functions of the House of Lords , which included acting as the highest appellate court for most domestic matters. On 1 October 2009, the Appellate Jurisdiction Act 1876
106-478: A Circuit Judge, is required to take the oath of allegiance and the judicial oath in his presence or before him; In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the thirty-first day of January in the thirty-seventh year of Our Reign Lords Commissioners of the Treasury : The Lords Commissioners of Her Majesty's Treasury are nowadays appointed through letters patent as
159-427: A continuing leave to Our Chancellor to be absent from Our United Kingdom from time to time; AND THAT We do hereby constitute as Our Commissioners for the purposes of these Presents the holders for the time being of the following offices, that is to say:- AND THAT We do hereby commit to Our said Commissioners:- during any absence of Our Chancellor from Our United Kingdom in pursuance of Our leave hereinbefore granted,
212-674: A group, with the first person named within the patent being the First Lord of the Treasury, and the second being the Second Lord of the Treasury; the rest of the persons named assume office as junior Lords. There used to be different patents for the First, Second and Junior Lords of the Treasury. Attorney General for England and Wales : Solicitor General for England and Wales : Registrar General for England and Wales : Lord Chancellor 's pension : First Minister of Scotland : as
265-692: A peerage "for the term of his natural life" did not allow him to sit and vote, Parke also received a hereditary peerage on 23 July 1856. In 1873 William Ewart Gladstone 's government passed the Judicature Act 1873 , which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February 1874, before the Act came into force, Gladstone's Liberal Government fell. The Conservative Benjamin Disraeli became prime minister. In 1874 and 1875 Acts were passed delaying
318-665: A person for your Bishop and Pastor as may be devoted to God and useful and faithful to Us and Our Kingdom In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the XX day of XX in the XX year of Our Reign Rector Lord Chief Justice of England and Wales : Charles the Third by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories King Head of
371-507: Is again able to exercise his powers, duties and functions, or during any vacancy that may occur in the office of Our Chancellor, both the custody of Our Great Seal as aforesaid and also all other powers, duties and functions of Our Chancellor except those appertaining to his office as Speaker of Our House of Lords; PROVIDED THAT:- upon the return of Our Chancellor to Our United Kingdom after any absence therefrom in pursuance of Our leave hereinbefore granted, or upon receiving an instrument under
424-565: Is in Our custody; AND WHEREAS We further deem it expedient, if at any time and for so long as Our Chancellor is by reason of ill-health or for any other reason temporarily incapable of exercising the powers, duties and functions of his office, to commit to Our Commissioners both the custody of Our Great Seal (save when it is in Our custody) and also all other his powers, duties and functions; AND WHEREAS We further deem it expedient to commit to Our Commissioners during any vacancy that may in future occur in
477-613: The Constitutional Reform Act 2005 , which transferred the judicial functions from the House of Lords to the Supreme Court of the United Kingdom . Following the creation of the Supreme Court of the United Kingdom, the practice of appointing Lords of Appeal in Ordinary was discontinued. The last person to be made a law lord was Sir Brian Kerr on 29 June 2009, who became Baron Kerr of Tonaghmore . This legislation in
530-558: The Court of Appeal , High Court or Court of Session —for a period of two years. Lords of Appeal in Ordinary were required to retire from judicial office at 70 or 75 years of age, though as barons they continued to serve as members of the House of Lords in its legislative capacity for life. While letters patent issued by the Monarch under the terms of the Life Peerages Act 1958 just name
583-687: The United Kingdom , or its constituent jurisdictions, article is a stub . You can help Misplaced Pages by expanding it . Letters patent (United Kingdom) Patents are prepared by the Crown Office; the name of the Clerk of the Crown in Chancery is subscribed/printed at the end of all documents as a way of authentication of their having passed through the Crown Office. The form of letters patent have been disclosed by
SECTION 10
#1732836884529636-507: The Appellate Jurisdiction Act (e.g. life peers under the Life Peerages Act 1958 ). The Lords of Appeal continue to hold the style for life. The two most senior Lords of Appeal in Ordinary were designated the Senior and Second Senior Lords of Appeal in Ordinary respectively. The Senior Lord of Appeal in Ordinary historically was the Law Lord who was senior by virtue of having served in the House for
689-559: The Commonwealth Defender of the Faith / To whom these Presents shall come Greeting / Whereas Our [ name of retired Lord of Appeal in Ordinary ] has resigned his Office of a Lord of Appeal in Ordinary and the same is now vacant Now Know Ye that We of Our especial grace have in pursuance of the Appellate Jurisdiction Act 1876 as amended by subsequent enactments nominated and appointed and by these Presents Do nominate and appoint Our [ name of
742-590: The Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Know Ye that We of Our especial grace have given and granted and by these Presents do give and grant to XX the Office of Lord Chief Justice of England and Wales To hold the same so long as he shall well behave himself therein with all wages profits and advantages due and of right belonging thereto In Witness whereof We have caused these Our Letters to be made Patent Witness Ourselves at Westminster
795-483: The Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Know Ye that We of Our especial grace have in pursuance of the Constitutional Reform Act 2005 nominated and appointed and by these Presents do nominate and appoint XX to be President of the Supreme Court of Our United Kingdom To hold the said Office so long as he shall well behave himself therein subject to the provisions in
848-442: The Crown Office as pro forma texts, and have been compiled here. The Ministry of Justice has said in the past that there are 92 unique types of letters. The text of letters patent can be altered for specification in certain situations, though the following texts are the general basis for draft. In appointing a person to an office through letters patent, there are three documents involved: These documents are not always given to
901-470: The Lord Chancellor or for when the Lord Chancellor would otherwise be unable to exercise his functions. In 1980 letters patent were issued providing for the delegation of the functions of the Lord Chancellor to commissioners whenever the Lord Chancellor was abroad. Additional letters patent were issued in 1989 expanding the purview of the 1980 letters patent. ELIZABETH THE SECOND by the Grace of God of
954-521: The Office of Keeper or Master of the Rolls and Records of Our Chancery of England To hold the same so long as he shall well behave himself therein with all wages profits and advantages due and of right belonging thereto In Witness whereof We have caused these Our Letters to be made Patent Witness Ourselves at Westminster the XX day of XX in the XX year of Our Reign President of the King's Bench Division : Charles
1007-481: The Right Reverend XX lately Bishop thereof We would be graciously pleased to grant you Our fundatorial leave and licence to elect another Bishop and Pastor of the said See We being favourably inclined to your prayers in this behalf have thought fit by virtue of these Presents to grant you such leave and licence Requiring and Commanding you by the faith and allegiance by which you stand bound to Us that you elect such
1060-488: The Sovereign to make a statutory instrument , if each House of Parliament passed a resolution approving a draft of the same, increasing the maximum number of Lords of Appeal in Ordinary. Of all members of the House of Lords, only Lords of Appeal in Ordinary ever received state salaries by virtue of their position (other Lords have only ever received a daily allowance for attending sittings, plus expenses of attendance). In 2004,
1113-557: The Third by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories King Head of the Commonwealth Defender of the Faith To Our trusty and well beloved the College of Canons of XX Greeting Supplication having been humbly made to Us on your part that whereas the See of XX is now void and destitute of the solace of a Pastor by the resignation of
SECTION 20
#17328368845291166-399: The Third by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories King Head of the Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Know Ye that We of Our especial grace have given and granted and by these Presents do give and grant to XX the Office of President of the King's Bench Division To hold
1219-431: The Third by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories King Head of the Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Whereas on the XX day of XX XX thousand and XX We of Our especial grace and favour conferred XX upon XX as a XX Now Know Ye that We of Our certain knowledge and mere motion do hereby cancel and annul
1272-426: The United Kingdom . As a result, the power to create life peers under the Appellate Jurisdiction Act 1876 lapsed, although the validity of peerages created thereunder remains intact. To be appointed a Lord of Appeal in Ordinary under the 1876 Act, a person was required to have been a practising barrister for a period of fifteen years or to have held a high judicial office—as Lord Chancellor (before 2005) or judge of
1325-648: The United Kingdom . At the same time, those Supreme Court justices who already held seats in the House of Lords lost their right to speak and vote there until after retirement as Justices of the Supreme Court. The House of Lords historically had jurisdiction to hear appeals from the lower courts. Theoretically, the appeals were to the King (or Queen) in Parliament , but the House of Commons did not participate in judicial matters. The House of Lords did not necessarily include judges, but it
1378-642: The United Kingdom and the Commonwealth . Commissioners of the Great Seal : The Great Seal Act 1688 provided for the office of Lord Chancellor to be put in commission, and since the office held custody of the Great Seal of the Realm , the said custody had to be vested upon Lord Commissioners. Letters patent would be issued on an ad hoc basis for commissioners to take custody of the Great Seal during any overseas visit by
1431-630: The United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To the Commissioners more particularly described hereinafter and all other Our faithful Subjects whatsoever to whom these Presents shall come, Greeting: WHEREAS Our right trusty and well beloved Counsellor James Peter Hymers Baron Mackay of Clashfern, Our Chancellor of Great Britain, hath humbly besought Us to grant to him and his successors in office (the holder for
1484-434: The XX conferred upon the said XX as a XX together with all rights precedences privileges and advantages to the same degree title honour and dignity belonging or appertaining thereto In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the XX day of XX in the XX year of Our Reign Peerages : Peerages may be created for individuals for life, or as hereditary peerages. The ranks of
1537-422: The XX day of XX in the XX year of Our Reign Master of the Rolls : Charles the Third by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories King Head of the Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Know Ye that We of Our especial grace have given and granted and by these Presents do give and grant to XX
1590-527: The appointee. Letters patent come at a cost for an appointee who elects to receive an illustrated document prepared by the scribes at the Crown Office, but is otherwise entitled to receive a text-only version for nothing. The patent roll entry is exclusively held by the National Archives and is not given to the appointee. Patents, most notably before the 20th century, were granted with special conditions. The following methods were mainly used in regards to
1643-415: The appointment of individuals to offices, whose purpose was to allow the holder to pick his successor. Persons may be removed of an office through letters patent, though this process is reserved for offices that were granted through patents in the first place. Modern patents, instead of requiring this form be issued, state that the grantee shall replace the present holder of the office in question. Charles
Lords of Appeal in Ordinary - Misplaced Pages Continue
1696-497: The appointment of two Lords of Appeal in Ordinary, who would continue to serve while holding judicial office, though in 1887, they were permitted to continue to sit in the House of Lords for life, with the style and dignity of baron . The number of Lords of Appeal in Ordinary was increased incrementally over the years—to three in 1882, to four in 1891, to six in 1913, to seven in 1929, to nine in 1947, to eleven in 1968 and to twelve in 1994. The Administration of Justice Act 1968 allowed
1749-530: The coming into force of the Judicature Act 1873. The Appellate Jurisdiction Act 1876 repealed the provisions rescinding the jurisdiction of the House of Lords. Additionally, the Act provided for the appointment of two persons to be Lords of Appeal in Ordinary, who were to sit in the House of Lords under the dignity of baron. Originally, though they held the rank of baron for life, they served in Parliament only while holding judicial office. In 1889, however, an Act
1802-504: The custody of Our Great Seal and the responsibility for passing under it all such things as have ordinarily been used to be sealed with it, and during any time when Our Chancellor is, whether by reason of ill-health or for any other reason, temporarily incapable of exercising the powers, duties and functions of his office, such incapacity to be certified under instrument under the hand of Our Prime Minister, until such time and Our Prime Minister shall be like instrument certify that Our Chancellor
1855-671: The custody of Our Great Seal, or any other power, duty or function of Our Chancellor, to Our Commissioners, during any time when Our Great Seal is in Our custody; AND WE do hereby declare that:- during any period when, by virtue of these Presents, the custody of Our Great Seal stands committed to Our Commissioners, any two of Our Commissioners may pass or cause to be passed under Our Great Seal any thing which ought so to pass; and during any period when, by virtue of these Presents, other powers, duties and functions of Our Chancellor stand committed to Our Commissioners, those powers, duties and functions may be exercised by any three Commissioners being
1908-446: The hand of Our Prime Minister certifying that Our Chancellor, after a period of temporary incapacity, is again able to exercise the powers, duties and functions of his office, Our Commissioners shall immediately recommit to Our Chancellor the custody or Our Great Seal without any further Commission, warrant or authority in that respect; this Our Commission shall not be determined by the return of Our Chancellor to Our United Kingdom, or by
1961-571: The holders of the following offices, that is to say:- The Vice-Chancellor of the Chancery Division of Our High Court of Justice provided that the Lord Chief Justice of England or the Master of the Rolls may represent Our Chancellor where he is required to countersign a Royal Warrant of Appointment, or where any person appointed as a Lord Justice of Appeal or Puisne Judge of Our High Court, or as
2014-706: The leader of the Scottish Government , the First Minister chairs the Scottish Cabinet and serves as the Keeper of the Great Seal of Scotland . The First Minister is nominated by the Scottish Parliament from among its members, and is formally appointed by the monarch. PER SIGNATURAM MANU SDN REGIS SUPRA SCRIPTAM Archbishop of Canterbury : Archbishop of York : Congé d'élire : Charles
2067-435: The longest period. With the appointment of Lord Bingham of Cornhill in 2000, however, it became an appointed position. The Second Senior Lord of Appeal in Ordinary became the peer who had served for the longest period. Lord Hope of Craighead succeeded to this position on Lord Hoffmann 's retirement on 20 April 2009. Appellate Jurisdiction Act 1876 The Appellate Jurisdiction Act 1876 ( 39 & 40 Vict. c. 59)
2120-406: The new appointee ] to be a Lord of Appeal in Ordinary by the style of [ full peerage title of the new appointee ] to hold the said Office so long as he shall well behave himself therein subject to the provisions in the said Act mentioned with all wages profits privileges rank and precedence whatsoever to the said Office belonging or in anywise appertaining and to hold the said style of Baron unto him
2173-469: The office of Our Chancellor both the custody of Our Great Seal (save when it is in Our custody) and also all other his powers, duties and functions; NOW YE THAT We do hereby grant leave to Our Chancellor to be absent from Our United Kingdom from time to time during Our Pleasure, until We give further order or direction to the contrary, to the intent that such leave shall not determine by the return of Our Chancellor to Our United Kingdom, but shall endure and be
Lords of Appeal in Ordinary - Misplaced Pages Continue
2226-415: The peerage are, in descending order, duke and duchess, marquess and marchioness, earl and countess, viscount and viscountess, and baron and baroness. Baronetcies : Baronets and baronetesses are not part of the peerage but hold the styles of "sir" and "dame" as applicable. They rank immediately below the barons and baronesses but above knights and dames of the various orders of chivalry within
2279-452: The recipient of the life peerage, letters patent issued under the terms of the Appellate Jurisdiction Act 1876 also name the retired Lord of Appeal in Ordinary in whose stead the recipient is appointed. In the final form used in 2009, these read: Elizabeth the Second by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and Our other Realms and Territories Queen Head of
2332-541: The recommitment to him of Our Great Seal, or by its commitment after a vacancy in the office of Our Chancellor to a new holder of that office but, until We give further order or direction to the contrary, this Our Commission shall endure and be a continuing Commission operating during any further absence of Our Chancellor from Our United Kingdom, during any further temporary incapacity of Our Chancellor and during any further vacancy that may occur in his office; save, however, that nothing in this Commission shall operate to commit
2385-436: The retirement age is 75 years of age; for those appointed on or after that date, retirement was at 70 years of age (though they were permitted to continue sitting in a part-time capacity as a "Lord of Appeal" until the age of 75 years). There have been recent suggestions that the retirement age for the United Kingdom's most senior judges should revert to 75 years of age. The Appellate Jurisdiction Act 1876 originally provided for
2438-406: The said [ name of the new appointee ] during his life / In Witness whereof We have caused these Our Letters to be made Patent / Witness Ourself at Westminster the [ day ] day of [ month ] in the [ year ] Year of Our Reign. The statutory retirement age for Lords of Appeal in Ordinary depended on when they were first appointed to judicial office: for those who first became a judge before 31 March 1995,
2491-453: The salary for the Senior Lord of Appeal in Ordinary was £185,705, and for other Lords of Appeal in Ordinary it was £179,431. In exercising the judicial functions of the House of Lords, Lords of Appeal in Ordinary were sometimes joined by other Lords of Appeal. Lords of Appeal included holders or former holders of high judicial office who were members of the House of Lords, but not by virtue of
2544-470: The same so long as he shall well behave himself therein with all wages profits and advantages due and of right belonging thereto In Witness whereof We have caused these Our Letters to be made Patent Witness Ourselves at Westminster the XX day of XX in the XX year of Our Reign President of the Supreme Court : Charles the Third by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories King Head of
2597-503: The time being of the said office being hereafter called Our Chancellor) leave to be absent from Our United Kingdom from time to time during Our Pleasure, and We are graciously please to assent to his request; AND WHEREAS We deem it expedient to commit to the Commissioners constituted by and for the purposes of these Presents (hereinafter called Our Commissioners) the custody of Our Great Seal of Our Realm (hereinafter called Our Great Seal) during any such absence of Our Chancellor, save when it
2650-518: Was an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords by allowing senior judges to sit in the House of Lords as life peers with the rank of baron , known as Lords of Appeal in Ordinary . The first person to be made a law lord under its terms was Sir Colin Blackburn on 16 October 1876, who became Baron Blackburn . The Act was repealed by
2703-479: Was formerly attended by several judges who gave their opinions when the Lords desired. They did not, however, have the power to vote in the House. In January 1856, to permit legally qualified members to exercise the House's appellate functions without allowing their heirs to swell the size of the House, Sir James Parke , a judge, was created a life peer as Baron Wensleydale . As the House of Lords eventually decided that
SECTION 50
#17328368845292756-402: Was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office. The last person to be made a law lord under the Appellate Jurisdiction Act 1876 was Sir Brian Kerr on 29 June 2009. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed by Schedule 18 to the Constitutional Reform Act 2005 owing to the creation of the Supreme Court of
2809-413: Was repealed owing to the creation of the Supreme Court of the United Kingdom . The House of Lords thus lost its judicial functions and the power to create law life peers lapsed, although the validity of extant life peerages created under the Appellate Jurisdiction Act 1876 remains intact. Lords of Appeal in Ordinary who were in office on 1 October 2009 automatically became Justices of the Supreme Court of
#528471