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Lord by Courtesy

By courtesy, the title Lord is given to the eldest sons of dnkes, marquises, and earls, prefixed to an inferior title of the peerage, and to the younger sons of dukes and marquises, prefixed to their Christian name and surname. Every lord by courtesy was only an esquire legally, not a lord by right, that is, not a Lord by patent. Custom had for a long period of time allowed the title of Lord to all the sons of Dukes and Marquisses, and to the eldest sons of Earls ; and custom also had given to all of them precedence over Barons. Whether or no the preeedence gained them the titles, or that the titles gave them the precedence, is immaterial. There was, however, a degree of consistency in the custom; inasmuch as we find those only to be styled Lord by courtesy who rank among the Peers. Hence a reason why an Earl's younger son, and a Viscount's eldest son are not Lords, because they rank with commoners only.

A custom regarding "Titles by Courtesy" has been introduced by the early 19th Century which not only puzzled those persons who were conversant in matters of precedence, but which, if allowed to continue without any positive rule being laid down, bid fair to lead to a degree of confusion of a singular kind. There had sprouted forth a number of young Lords never heard of before, and who had no places assigned to them in the authorized Table of Precedence ; hence they must either arrogate to themselves a precedence to which they have no right, or else be placed among commoners, and thereby overturn the "degree of consistency" as respecting titles by courtesy. This was the custom of ekeing-out a Duke's and Marquis's inferior titles upon their descendants, as far as they will hold out by there remaining any such titles to distribute.

Thus, while the late Duke of Grafton was alive, his grandson assumed the Viscounty of Ipswich, not because his father was Earl of Euston by courtesy, but because his grandfather had the Viscounty in him. And so later, the son of the Duke of Manchester was only Viscount Mandeville ; yet of his two sons, one was called Lord Kimbollon, and the other, Lord John Montagu. The Table of Precedence in Blackstone was wholly silent about Peers' grandsons. But the anomaly didi not end there. The Duke of Somerset had no other inferior title but the Barony of Seymour. Hence his grandson could be only plain Mr. Seymour, the family name ; yet, as the grandson of an older Duke, Mr. Seymour might claim precedence over the Viscount, the Baron, and the Lord John.

If the custom of giving the title of Lord to the grandsons of Peers, be received as correct, it will become necessary for a rule to be made respecting the limits to which the custom is to extend ; because, if an Earl has in himself both a Viscounty and a Barony, why may not his grandson assume the title of the Barony?

Those not acquainted with the somewhat intricate constitution of the English Parliament required a few words to explain why so many Lords have seats in the House of Commons. Briefly, then, all peers of the realm are lords, but all lords are not peers of the realm. All sons of Dukes and Marquises are "Lords" by courtesy, and the eldest sons of Dukes, Marquises and Earls are allowed by courtesy to bear the second titles of their fathers. Thus, the Marquis of Lome bore the second title of his father, the Duke of Argyle, but he was only a commoner for all that, and in his commission as Governor-General of Canada he was described as John Campbell, Esquire, commonly called the Marquis of Lome. Lord Randolph Churchill was only an esquire, although, being the youngest son of a Duke, he bore the title of Lord by courtesy. Therefore the Lords so frequently mentioned in the proceedings of the House of Commons were generally the younger sons of Dukes and Marquises or the eldest sons of Earls. Irish peers, also, not being peers of England, or of Great Britain, were eligible to seats in the House of Commons. Thus Lord Palmersston sat in that House until the day of his death, for he never was a peer of England, but of Ireland only.

Lord Stanley took part initially in the debates in the House of Commons, and toward the latter part of it appeared in the House of Lords. The explanation is this: Lord Stanley was the eldest son of an Earl, and sat in the House of Commons, bearing, by courtesy, the second title of his father. During Peel's administration it was felt that the Tories needed a little more debating power in the House of Lords, and Lord Stanley was created a peer in his own right.

The following persons bore the title lord in virtue of their employments: the Lord Lieutenant of Ireland and Lords Lieutenant of counties, the Lord Chancellor, Lord Privy Seal, Lords of the Treasury and of the Admiralty, the Lord High Admiral, Lord Great Chamberlain, and Lord Chamberlain, Lord High Constable, Lord High Almoner, Lord High Steward, Lord Steward of the Household, Lords in Waiting, Lords of the Bedchambe, Lords Justices, the Lord Chief Baron of Exchequer, the Lord Chief-Justice, the Lord Lyon, the Lords Mayor of London, York, and Dublin, and the Lords Provost of Edinburgh and Glasgow. The committee of the Scottish parliament by whom the laws to be proposed were prepared, were called Lords of the Articles. The favored beneficiaries, who, after the Scottish Reformation, obtained in temporal lordship the benefices formerly held by bishops and abbots, were called Lords of Erection. Persons to whom rights of regality were granted in Scotland, were termed Lords of Regality. The representative of the sovereign in the General Assembly of the Church of Scotland, was called the Lord High Commissioner. The judges of the courts of session and justiciary in Scotland had the title ' Lord' prefixed to their surname or some territorial designation assumed by them; and throughout the three kingdoms, judges were addressed 'My Lord' when presiding in court.