the Duchy of Lancaster are really Duchies as distinguished from the
Dukedoms enjoyed by other people having the designation of Duke.
The title of Marquis dates from 1386, when Richard II. created Robert de
Vere Marquis of Dublin; and the title of Viscount from 1440, when the
Viscounty of Beaumont was created. The first Barony by Letters Patent
was created in 1387, but the oldest surviving barony by patent now in
existence dates from 1448, when Sir John Stourton was created Baron and
Lord Stourton of Stourton, co. Wilts. The present Lord Mowbray, Segrave
and Stourton, who has inherited the barony of Stourton, also claims, as
Lord Mowbray, to be the premier baron of England although the barony of
Mowbray is placed on the roll of precedence after the baronies of Le
Despenser and De Ros. Although earldoms were granted by charters from
the earliest period, because, attached to the earldom, were also
material rights which needed to be conveyed, patents did not come into
use for baronies until it was desired to limit the succession of the
peerage to the heirs male of the body of the grantee, which is a
limitation and a less heirship than is comprised in the enjoyment of an
honour in fee simple. Privilege of peerage with all it entails has been
a slow growth of accretion; and save for place and precedence and the
right of any peer or peeress to be tried in the House of Lords, and the
now limited and threatened right of peers to legislate, little of
privilege of peerage remains.
The peerage of Scotland is very similar to that of England, and, before
the Union, the principal difference between the two countries was the
persistency with which the Scottish peerage remained attached to the
land. Until a late date a patent creating a Scottish peerage erected
certain lands into a barony or earldom as the case might be, and
entailed those lands with the dignity. The difference arising from this
form of procedure was more than counterbalanced by the recognised and
constantly-adopted procedure of resigning a Scottish inheritance into
the hands of the Crown, and then obtaining what is known as a
“Novodamus,” with either the same or different limitations.
Public-domain text, read in full here on John Shaqi.
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