Lord of Parliament
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| Lord of Parliament | |
|---|---|
 Sodacan · CC BY-SA 3.0 · source | |
| Title | Lord of Parliament |
| Formation | 15th century |
| Country | Scotland, United Kingdom |
| Type | Hereditary title in the Peerage of Scotland |
Lord of Parliament A Lord of Parliament is a hereditary title in the Peerage of Scotland created from the late Middle Ages and recognized within the constitutional frameworks of Kingdom of Scotland, United Kingdom of Great Britain and Ireland, and the modern United Kingdom. Historically distinct from English and Irish peerage ranks such as Baronage of England, Baronage of Ireland, and Peerage of Great Britain, Lords of Parliament participated in legislative assemblies including the Parliament of Scotland and, after the Acts of Union 1707, interacted with institutions such as the House of Lords and the House of Commons through representative arrangements.
Definition and Origin
The title originated in the later medieval period when Scottish magnates were summoned to the Parliament of Scotland as peers rather than as feudal lords of specific baronies; early examples include summons recorded during the reigns of Robert II of Scotland and James I of Scotland. Lords of Parliament were distinct from holders of feudal dignities recognized under instruments like the Statutes of Iona and local customs in Lothian, Galloway, and Argyll. The conceptual origin can be traced alongside the development of institutions such as the Great Council (Scotland) and the royal court of Edinburgh Castle, and it evolved in relation to political actors like the Douglas family, Stewart dynasty, and ecclesiastical figures from Kelso Abbey and Melrose Abbey.
Historical Development
The office developed through summonses issued by monarchs including James II of Scotland, James V of Scotland, and Mary, Queen of Scots and through rivalry among houses such as Clan Campbell, Clan MacDonald, and Clan Gordon. Legislative milestones like the Treaty of Union 1707 and the constitutional settlements following the Glorious Revolution altered the role of Lords of Parliament; after union, representative peers from Scotland such as Earl of Mar and Lord Saltoun sat in the House of Lords. The nineteenth century saw interactions with reforms enacted under Reform Act 1832, Life Peerages Act 1958, and the nineteenth-century peerage law cases presided over in judicial bodies like the House of Lords Judicial Committee and influenced by figures such as Lord Chancellors and judges from the Court of Session.
Rights and Privileges
Historically, Lords of Parliament held privileges recognized by monarchs like Charles I of England and Charles II of England including precedence, summons to parliaments, and privileges in royal courts such as the Justiciarship of Scotia. Rights included peerage precedence vis-à-vis English barons and protection under instruments like the Act of Settlement 1701 where applicable to succession and privileges. Privileges also intersected with entitlements to seats in legislative assemblies, interactions with officers such as the Lord Lyon King of Arms, and ceremonial roles at events like coronations presided over by the College of Arms and officers of state including the Lord High Steward.
Creation and Extinction
Creations occurred by writs of summons and by letters patent issued by monarchs including James VI and I and later British sovereigns; notable legal debates concerned creations by ancient writ versus modern letters patent as reflected in disputes adjudicated in the House of Lords and the Privy Council. Extinction could follow by attainder, forfeiture under statutes like those applied after the Jacobite rising of 1745, or failure of heirs as recognized by inheritance law adjudicated in the Court of Session and the House of Lords. Restorations and reversals involved instruments from the Crown and legal actions involving peers such as the Earl of Sutherland and claimants presenting pedigree evidence to the Committee for Privileges and Conduct.
Role in the British and Scottish Peerage Systems
Within the Scottish peerage hierarchy, Lords of Parliament ranked alongside earls and viscounts, paralleling institutions like the Peerage of Scotland and the Peerage of the United Kingdom, and interacting with offices such as the Lord Advocate and the Solicitor General for Scotland. After 1707, Scottish peers elected representative peers to the House of Lords alongside peers from the Peerage of England and Peerage of Great Britain until reforms culminating in the House of Lords Act 1999 and decisions under the Constitutional Reform Act 2005. The position of Lord of Parliament is also intertwined with inherited estates in regions like Perthshire, Aberdeenshire, Highlands, and with landed titles recognized in registers maintained by institutions such as the Registers of Scotland.
Notable Lords of Parliament
Prominent historical Lords of Parliament include members of houses like the Douglas family, Hamilton family, Graham family, and individuals involved in national events such as the Battle of Flodden, the Rough Wooing, and the Union of the Crowns. Notable persons associated with the dignity, often studied alongside peers such as the Duke of Argyll, Marquess of Montrose, Earl of Moray, Earl of Bothwell, Lord Advocate of Scotland holders, and influential landholders in Aberdeen, include those who served as commissioners to the Treaty of Union 1707, participants in the Scottish Reformation, and litigants before the Court of Session.
Contemporary Status and Reforms
In the contemporary period, Lords of Parliament exist as historic titles within the Peerage of Scotland subject to succession law and modern peerage reform such as the House of Lords Act 1999 which removed automatic hereditary rights to sit in the House of Lords, and changes initiated by the House of Lords Reform Act 2014. Contemporary debates over hereditary peers intersect with institutions including the Supreme Court of the United Kingdom, the Cabinet Office, and political parties like the Conservative Party (UK), Labour Party (UK), and Liberal Democrats (UK). Genealogical and heraldic matters are handled by bodies like the Court of the Lord Lyon and documented in sources such as the Oxford Dictionary of National Biography and published peerage compendia including editions of Burke's Peerage and Debrett's Peerage and Baronetage.