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The Earl Marshal is the only peer to retain a judicial function by right of office, as the sole judge of the High Court of Chivalry a civil law court with jurisdiction over matters of heraldry in England and Wales, though if not a professional lawyer, he normally appoints a professional lawyer as his lieutenant or surrogate.
The ranks of the peerage are duke, marquess, earl, viscount, and baron. [7]The last non-royal dukedom was created in 1874, and the last marquessate was created in 1936. . Creation of the remaining ranks, except baronies for life, mostly ceased once Harold Wilson's Labour government took office in 1964, and only thirteen (nine non-royal and four royal) people have been created hereditary peers sinc
Lord Wensleydale was therefore appointed a hereditary peer (in the event, he had no sons, so his peerage did not pass to an heir) (See also Wensleydale Peerage Case (1856)). The Government introduced a bill to authorise the creation of two life peerages carrying seats in the House of Lords for judges who had held office for at least five years.
In 1711, The 4th Duke of Hamilton, a peer of Scotland, was made Duke of Brandon in the Peerage of Great Britain. When he sought to sit in the House of Lords, he was denied admittance, the Lords ruling that a peer of Scotland could not sit in the House of Lords unless he was a representative peer, even if he also held a British peerage dignity. [9]
The order of precedence in the United Kingdom is the sequential hierarchy for Peers of the Realm, officers of state, senior members of the clergy, holders of the various Orders of Chivalry, and is mostly determined, but not limited to, birth order, place in the line of succession, or distance from the reigning monarch.
The law applicable to a British hereditary peerage depends on which Kingdom it belongs to. Peerages of England, Great Britain, and the United Kingdom follow English law; the difference between them is that peerages of England were created before the Act of Union 1707, peerages of Great Britain between 1707 and the Union with Ireland in 1800, and peerages of the United Kingdom since 1800.
The privilege of peerage is the body of special privileges belonging to members of the British peerage.It is distinct from parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House of Commons, while Parliament is in session and forty days before and after a parliamentary session.
The last creation of a non-royal hereditary peer occurred in 1984; even then it was considered unusual. Life peers and 92 hereditary peers still retain the right to sit and vote in the House of Lords, though their power is restricted and further reform of the House of Lords is under consideration.