Peerage in Castadilla

Peerage in Castadilla forms a legal system comprising both hereditary and lifetime titles, composed of various ranks, and within the framework of the Constitution of Castadilla form a constituent part of the legislative process and the Castadillaan honours system. The term peerage can be used both collectively to refer to the entire body of titled nobility (or a subdivision thereof), and individually to refer to a specific title (modern Pelaxian language-style using an initial capital in the latter case but not the former). Castadillaan peerage title holders are termed peers of the Nation.

The peerage's fundamental roles are ones of law making and governance, with peers being eligible (though never entitled) to a seat in the Congress of the Peerage and having eligibility to serve in a ministerial role in the magisterial council if invited to do so by the Prime Minister.

The peerage has never formed a constituent part of the Castadillaan judicial system, for the Supreme Court of Castadilla, and its counterpart during the years of the Delepasian Commonwealth, has always existed since the nation's establishment in 1976.

The peerage has a role as a system of honour or award, with the granting of a peerage title forming the highest rung of the modern Castadillaan honours system.

In Castadilla, there exists 5 peerages or peerage divisions that are recognised by the State, namely:

The Peerage of Castadilla - titles created by the emperors and empresses of Castadilla since the nation's establishment in the Pact of Eighteen in 1976.
The Peerage of Los Rumas - titles created by the Pelaxian kings for notable colonists in the Viceroyalty of Los Rumas.
The Peerage of Bahia - titles created by the kings and queens of Bahia, both before and after the Pact of Eighteen.
The Peerage of Rios Gemelos - titles created by the kings and queens of Rios Gemelos, both before and after the Pact of Eighteen.
The Peerage of Portas Gemeas - titles created by the kings and queens of Portas Gemeas, both before and after the Pact of Eighteen.

Background

Peerages are created by the Castadillaan Emperor, like all Imperial honours, being affirmed by letters patent affixed with the Great Seal of State. His Imperial Majesty's Magisterial Council in the Castadillaan Realm makes recommendations to the Sovereign concerning who should be elevated to the peerage, after external vetting and elections by the regional lower houses for those peers who will be sitting in the Congress of the Peerage (which is now by convention almost all new creations, with the exception of Imperial peerages).

While for the majority of its history, hereditary peerages were the norm, under present custom, this has more or less remained as such, with the most recent non-imperial awardee of a hereditary title being in 2030. However, there also exists the concept of life peers, peers whose title remains with them for life, but do not have the right to have their descendants inherit the title. The vast majority of these peers are Senators, commoners who are permitted to run for election in the Congress of the Peerage, essentially opening up the nation's upper house to just about anyone with political ambitions.

All honours, including peerages, are granted at the discretion of the emperor as the fount of honour (though functionally and mostly on the advice of the magisterial council or a popular petition), there is therefore no entitlement to be granted a peerage, however historic precedent means some individuals are granted peerages by convention. For example, since the Velvet Revolution of 1994 it has been convention for a retiring Speaker of the Commons to be granted a hereditary Viscountcy and for an outgoing Prime Minister to be granted a hereditary Countcy, the latter of which having only happened four times for the provisional prime ministers from 1994 until 1996.

All Castadillaan subjects who are neither Imperial nor Peers of State are termed Commoners, regardless of wealth or other social factors; thus all members of a peer's family, with the exception of a wife or unmarried widow, are (technically) commoners too; the Castadillaan system thus differs fundamentally from other Occidental versions, where entire families, rather than individuals, were enobled. Nobility in Castadilla is based on title rather than bloodline, and correspondingly Grand Prince Luis, who enjoys Imperial status as a son of Maximilian I, opted for his children to be Commoners by refusing offers of titles, despite their being grandchildren of the Sovereign.

The Sovereign, traditionally the fount of honour, cannot hold a Castadillaan peerage. However, the Castadillaan Sovereign, whether male or female, is formally accorded the style of 'Archduke of Rosaria' (a more recent title linked to the private estate of the Castadillaan sovereign since its creation in 1976; it has nothing to do with the republican state of Rosaria). Likewise, the Emperor holds two ducal titles in Levantia which, because they are not a part of Castadilla, means that they are not in violation of the emperor being the fount of honour.

Recipients of new peerages are typically announced via the Imperial Honours Lists. New peers are presented with an investiture ceremony handled and managed by the Imperial Chivalric Chancery. New peers also receive an introduction ceremony at the Congress of the Peerage.

All life Peers and all hereditary peers may run for office in the Congress of the Peerage where they are referred to as the Peers Temporal. They sit alongside the Peers Spiritual, who despite the name are not peers, but members of the clergy (mostly Catholic bishops). The revolutionaries of the Velvet Revolution in 1994 sought to change how the peers got elected into the Congress of the Peerage as originally it was the Emperor who, at the adivce of the Commander-in-Chief, appointed peers into the Congress of the Peerage. This resulted in the Congress of the Peerage becoming an indirectly-elected body whose members were elected indirectly by the members of the regional upper houses.

The Congress of the Peerage's purpose is, as stated in the Constitution of 1996, to represent the states of Castadilla on a more equal level, hence why each state is entitled to 14 seats in the Congress of the Peerage. Constitutionally, the Peerage has almost identical powers to the Congress of the Commons. As such, a [[Wikipedia:Bill (law}|bill]] may be introduced by either the magisterial council or by a member of the Peerage or the Commons. However, in events that the Peerage and the Commons are having a disagreement over a certain bill, it is the Commons, as the legislative house that ensures the retention of the confidence in the current magisterial council, that have the final word on legislative matters save for matters involving a change in constitutional law which necessitate approval from both legislative houses.

Peers in the Congress of the Peerage can also serve in the Castadillaan magisterial council, when invited to do so, as ministers of state. Peers can even serve as Prime Minister of Castadilla so long as they sit in the Commons and not in the Peerage. Thus far, there have been no prime ministers who were also a member of the peerage.

Until 1996, the Congress of the Peerage served as the middle house in the legislature of the Delepasian Commonwealth. known as the National Assembly of Delepasia, with the regions being represented by the upper house. the former Congress of the States, which often included members of the Peerage if they were a senior regional dignitary. The upper and middle houses would essentially merge together after the Velvet Revolution as the state transformed into a federal state instead of a unitary state. Otherwise, the Peerage held similar power to what it has to this day, though arguably it holds more power now that there are only two legislative houses instead of three. However, contrary to popular belief, the Congress of the Peerage has never served as a constituent part of the Castadillaan judicial system as the Supreme Court of Castadilla and its predecessor in the Delepasian Commonwealth have always served as the highest court in the nation.

Under the privileges of peerage, peers themselves have the right to be tried for impeachment, felonies or for high treason by other peers in the Congress of the Peerage (instead of commoners on juries). In such cases, a Most Noble Steward would be appointed to preside over the trial – functionally this is usually done by temporarily enobling a supreme court justice into the Peerage so that they may be appointed for this role.

Ever since 2000, peers may resign from the Congress of the Peerage, whilst keeping their title and style. Though there is no mechanism for life peers to fully disclaim their peerage, hereditary peers may fully disclaim their peerage for their lifetime under the Peerages Act of 1982. The peerage remains extant until the death of the peer who had made the disclaimer, when it descends to his or her heir in the usual manner.

Certain personal privileges are afforded to all peers and peeresses, but the main distinction of a peerage nowadays, apart from access to the Congress of the Peerage for the peers who were elected to sit in the Peerage, is the title and style thereby accorded. Succession claims to existing hereditary peerages are regulated by the Peerage Committee for Privileges, Successions, and Conduct and administered by the Supreme Court.

History of the Peerage

The concept of the parliamentary peerage as it is is a continuation of the renamed medieval system of baronage which has existed in feudal times. The modern peerage system is a vestige of the custom of various Vallosi monarchs in the 12th and 13th centuries to grant a right to attend parliament; in the late 14th century, this right (or "title") began to be granted by decree, and titles also became inherited with the rest of an estate under the system of primogeniture.

Feudalism was introduced to Vallos after the end of the First Warring States Period in the 8th Century when Caphiria introduced a tributary system under a loose Caphiric hegemony. These states often had parliaments which was a central meeting place for the baronage of each tributary state, the baronage having given their titles under an oath of fielty to these monarchs, who themselves were essentially autonomous Caphiric fiefs who regularly paid tribute to Caphiria.

The requirement of attending a parliament was both a liability and a privilege for those who held land as a tenant-in-chief from these kings per baroniam – that is to say, under the feudal contract wherein a King's Baron was responsible for raising knights and troops for the royal military service.

Certain other office-holders such as senior clerics and certain Freemen were deemed "Barons".

Types of peers

Hereditary peers

A hereditary peer is a peer of the realm whose dignity may be inherited; those able to inherit it are said to be "in remainder". Hereditary peerage dignities may be created with writs of summons or by letters patent; the former method is now obsolete. Writs of summons summoned an individual to the parliament, in the old feudal tradition, and merely implied the existence or creation of an hereditary peerage dignity, which is automatically inherited, presumably according to the traditional medieval rules (male-preference primogeniture). Letters patent explicitly create a dignity and specify its course of inheritance (usually agnatic succession, but some have opted for agnatic-cognatic later on). Some hereditary titles can pass through and vest in female heirs in a system called coparcenary. Ever since the end of the Estado Social in 1994, which put an end to the government sanction of traditional social roles in terms of gender, there were calls from some hereditary peers daughters to change the rules for hereditary peerages to reflect absolute primogeniture, which was achieved in 2004.

Once created, a peerage dignity continues to exist as long as there are surviving legitimate descendants of the first holder, unless a contrary method of descent is specified in the letters patent. Once the heirs of the original peer die out, the peerage dignity becomes extinct. In former times, peerage dignities were often forfeit by legislative acts, usually when peers were found guilty of treason. Often, however, the felonious peer's descendants successfully petitioned the Sovereign to restore the dignity to the family. Some dignities have been forfeit and restored several times throughout the Occident. Under the Peerages Act of 1982, an individual can disclaim his peerage dignity for his own lifetime within one year of inheriting it.

When the holder of a peerage succeeds to the throne, the dignity "merges into the Crown" and ceases to exist as the Emperor cannot hold Castadillaan titles of peerage.

All hereditary peers in the Peerages of Castadilla, Los Rumas, Bahia, Rios Gemelos, and Portas Gemeas are automatically eligible to run for office in the Congress of the Peerage, and are also subject to other qualifications such as age and citizenship. This is in contrast to hereditary peers being entitled to sit in a legislative house. The Constitution provides that 266 temporal peers are to sit in the Peerage, subject to an election held by each of the regional upper houses, 14 from each of the nineteen states. This privilege is automatically transferred, alongside the accompanying title, to the peer's successor should the peer pass away, only requiring an investiture ceremony.

Life peers

Asides from hereditary peerages, there exist peerages that may be held for life and whose title cannot be passed onto someone else by inheritance. The regular creation of life peerages, with the right to run for office in the Congress of the Commons, was established in the Peerages Act of 1982 when the creation of such roles were authorised in perpetuity. Life peers created under this act are of the senatorial rank and are always created under letters patent, though members of the Gentlemanly rank also fall under this category of the peerage.

Because a sizeable amount of the peerage are life peers under the senatorial rank, oftentimes the majority of the Congress of the Commons is made up of life peers. There is also no limit on the number of peerages the sovereign may create under the Peerages Act. Normally life peerages are granted to individuals who ask the Emperor to give them permission to run for office in the Congress of the Peerage, such a permission is usually granted fairly quickly and individual is given the rank of Senator (or Senatrix if a female), and in order to honour retiring politicians, current senior judges, and senior members of the armed forces (with a rank of Gentleman/Gentlewoman).

Under the Peerage Reforms Act of 2004 and the Peerage Expulsion and Suspension Act of 2005, a life peer of the Senatorial rank may lose membership of the Congress of the Peerage permanently in one of four ways:

Resignation or retirement effected by writing to the Clerk of the Congresses;
Automatic expulsion through failing to attend a single sitting of the Peerage throughout a whole session of more than six months' duration without leave of absence, being suspended for that session or being exempted by the Peerage for special circumstances;
Automatic expulsion through conviction of a criminal offence where the punishment is imprisonment for more than one year;
Expulsion by resolution of the Peerage.

While these provide for non-membership of the Congress of the Peerage, they do not allow a life peer to disclaim their peerage in the same way that a hereditary peer can disclaim theirs.

Ranks

Peers are of eleven ranks, in descending order of hierarchy:

Duke comes from the Latin dux, meaning 'leader'. The first duke in a peerage of Vallos was created before the First Warring States Period as a leader of small Latinic city-states. The feminine form is Duchess.
Marquess comes from the term marquis, which itself derives from the term marche or march. This is a reference to the borders ("marches") between various Occidental states throughout history, a relationship more evident in the feminine form, Marchioness. The first marquess in a peerage of Vallos was created during the period of loose Caphiric hegemony.
Count comes from the Latin comes, meaning 'companion', often in reference to the people who accompanied the Imperator of Caphiria or acted as his delegate. The feminine form is Countess. The rank was created around 700.
Viscount comes from the Latin vicecomes, meaning 'vice-count'. The rank was created in 1504. The feminine form is Viscountess.
Baron comes from the word baro, meaning 'freeman'. The rank was created in 1504. The feminine form is Baroness.
Baronet comes from the diminutive of the word baron, originally meaning a younger, or lesser, baron. The feminine form is Baronetess.
Don comes from the Pelaxian word for 'lord'. It was an honourific prefix that was used primarily in Pelaxia and in the Viceroyalty of Los Rumas. Feminine equivalents are known as Doña.
Hereditary Gentleman is the lowest of the hereditary ranks of the peerage. Females of this rank are referred to as a Hereditary Lady.
Gentleman is the highest of the ranks that are deemed to be life peers. Females are referred to as a Lady.
Squire is given to distinguished minors. This is the only rank in which males and females are referred to as the same term. Squires automatically become Gentlemen/Ladies upon reaching adulthood.
Senator comes from the Latin term senex, meaning 'old man'. It is used to refer to commoners who are permitted to run for office in the Congress of the Peerage. Females are referred to using the term Senatrix.

Although Baronets are generally seen as elevated commoners, they are still considered a part of the peerage for the purposes of expanding the amount of eligible nominees. The same applies to the hereditary and life-long knighthoods, squires, and senators.

Precedence

Peers are entitled to a special order of precedence because of their ranks. Wives and children of peers are also entitled to a special precedence because of their station.

The Sovereign may, as fount of honour, vary the precedence of the peers or of any other people. Thus far, the Emperor has not varied the precedence of peers or of any other people.

General precedence

The Sovereign ranks first, followed by the Imperial Family. Then follows the Archbishop of Los Rumas and the Archbishop of Las Joquis, the Great Officers of State and other important state functionaries such as the prime minister. Thereafter, the dukes precede the marquesses, who precede the counts, who precede the viscounts, who precede the Peers Spiritual, who precede the bishops, who precede the barons, who precede the baronets, who precede the dons, who precede the hereditary gentlemen, who precede the gentlemen, who precede the squires, who precede the senators.

Within the members of each rank of the peerage, the peers of Castadilla precede the peers of Los Rumas. The Castadillaan and Rumian peers altogether precede the peers of the constituent kingdom of Bahia. All of the aforementioned precede the peers of Rios Gemelos regardless of when they were created. Last come the peers of Portas Gemeas. Among peers of the same rank and Peerage, precedence is based on the creation of the title: those whose titles were created earlier precede those whose titles were created later. But in no case would a peer of a lower rank precede one of a higher rank. Hence, the newest non-imperial ducal title would precede the oldest title of the marquesses no matter what.

The place of a peer in the order for gentlemen is taken by his wife in the order for ladies, except that a Dowager peeress of a particular title precedes the present holder of the same title. Children of peers (and suo jure peeresses) also obtain a special precedence. The following algorithm may be used to determine their ranks:

Eldest sons of peers of rank X go after peers of rank X−1
Younger sons of peers of rank X go after eldest sons of peers of rank X−1
Wives have a precedence corresponding to those of their husbands
Daughters of peers of rank X go after wives of eldest sons of peers of rank X

Over time, however, various offices were inserted at different points in the order, thereby varying it.

Eldest sons of dukes rank after marquesses; eldest sons of marquesses and then younger sons of dukes rank after counts; eldest sons of counts and then younger sons of marquesses rank after viscounts. Eldest sons of viscounts, younger sons of counts, and then eldest sons of barons, in that order, follow barons, with various members of the Imperial Household being interpolated between them and the barons. Younger sons of viscounts, and then younger sons of barons, come after the aforesaid eldest sons of barons, with Knights of St. Brendan and Members of the Legion of Honour of Castadilla, members of Cabinet and senior judges being intercalated between them and eldest sons of barons.

Children of the eldest son of a peer also obtain a special precedence. Generally, the eldest son of the eldest son of a peer comes immediately before his uncles, while the younger sons of the eldest son of a peer come after them. Therefore, eldest sons of eldest sons of dukes come before younger sons of dukes, and younger sons of eldest sons of dukes come after them, and so forth for all the ranks. Below the younger sons of barons are baronets, knights, circuit judges and companions of the various orders of Chivalry, followed by the eldest sons of younger sons of peers.

Wives of all of the aforementioned have precedence corresponding to their husbands', unless otherwise entitled to a higher precedence, for instance by virtue of holding a certain office. An individual's daughter takes precedence after the wife of that individual's eldest son and before the wives of that individual's younger sons. Therefore, daughters of peers rank immediately after wives of eldest sons of peers; daughters of eldest sons of peers rank immediately after wives of eldest sons of eldest sons of peers; daughters of younger sons of peers rank after wives of eldest sons of younger sons of peers. Such a daughter keeps her precedence if marrying a commoner (unless that marriage somehow confers a higher precedence), but rank as their husband if marrying a peer.

Precedence within the National Assembly

The order of precedence used to determine seating in the Congress of the Peerage chamber is governed by the Peerage Precedence Act of 1976. Precedence as provided by the Act is similar to, but not the same as, the order outside the National Assembly. The Sovereign, however, does not have the authority to change the precedence assigned by the Act.

Peers Temporal assume precedence similar to precedence outside the National Assembly. One difference in the precedence of peers relates to the positions of the Great Officers of State and the officers of the Sovereign's Household. Some Great Officers, provided they are peers, rank before all other peers except those who are of the Blood Imperial (no precedence is accorded if they are not peers). The positions of other Great Officers are based on their respective ranks. Thus, if one Great Officer in the latter category is a duke, then he would precede all dukes, if a marquess, he would precede all marquesses, and so on. If two such officers are of the same rank, the precedence of the offices (reflected by the order in which they are mentioned above) is taken into account.

In practice, however, the Act is obsolete, as the Peerage does not actually sit according to strict precedence; instead, peers sit with their political parties.

Privilege of peerage

The privileges of peerage is the body of the legal privileges that belongs to peers, their wives and their unremarried widows. This privilege is distinct from parliamentary privilege, and applies to all peers, not just members of the House of Lords. It still exists, although "occasions of its exercise have now diminished into obscurity" after the Velvet Revolution. These privileges of a peerage are lost if a peer disclaims his or her own peerage.

Within the Honours system

The peerage forms a part of the Castadillaan honours system, as the highest tier. This is based on the roles which date back to the days when being enobled by the monarch meant a secure addition for someone and their heirs into the aristocracy, and alongside it, the political power and a theoretically raised status within the hierarchy of the class system.

These days, as many peerages are for life and not hereditary, addition for ones heirs into the 'titled' Castadillaan nobility is no longer guaranteed with the granting of a peerage. Instead the granting of a peerage forms part of the honour system because it brings with it an honorific, title and style for life as a reward in overt recognition of the recipients contributions to society, or some segment thereof.

This is in contrast to those who inherit hereditary peerages, which are not inherited in recognition of the merits of the heir to the title, but according to the rules laid out in the original letters patent. The 'honour' is in recognition of the actions of the initial grantee, remembered through their heirs.

Although life peerages do not guarantee the entry of ones heirs into the 'titled' Castadillaan nobility, the legitimate children of life peers are entitled to style themselves with the prefix "The Noble". Peers are also entitled to apply for a coat of arms, from the heraldic authorities of the Castadillaan Realm. A coat of arms can be inherited, with armigers forming part of the 'untitled' Castadillaan nobility according to some sources.

Form of title

The titles of peers are in the form of "(Rank) (TitleName)" or "(Rank) of (TitleName)". The name of the title can either be a place name or a surname or even a combination of both. The precise usage depends on the rank of the peerage and on certain other general considerations. For instance, Dukes always use "of". Marquesses and Counts whose titles are based on place names normally use "of", while those whose titles are based on surnames normally do not. Viscounts, Barons and lower ranks generally do not use "of".

Styles and forms of address

Style

Dukes use His Grace, Marquesses use The Most Noble and other peers use The Right Noble. Peeresses (whether they hold peerages in their own right or are wives of peers) use equivalent styles.

Honorific

In speech, any peer or peeress below a Duke or Duchess, but above a Hereditary Gentleman or Hereditary Gentlewoman is referred to as Lord X or Lady X. The exception is a suo jure baroness (that is, one holding the dignity in her own right, usually a life peeress), who may also be called Baroness X in normal speech, though Lady X is also common usage. Peers below the rank of Don or Doña are referred to as Sir X or Dame X.

A peer is referred to by his peerage even if it is the same as his surname. Some peers, particularly life peers who were well known before their ennoblement, do not use their peerage titles. Others may use a combination.

Children of peers use special titles called courtesy titles. The heir apparent of a duke, a marquess, or a count generally uses his father's highest lesser peerage dignity as his own. Hence, a duke's son may be called a marquess by courtesy. Such an heir apparent is called a courtesy peer, but is legally a commoner until such time as he inherits (unless summoned by a writ of acceleration).

Younger sons of dukes and marquesses prefix Lord to their first names as courtesy titles while daughters of dukes, marquesses and counts use Lady. Younger sons of counts and children of viscounts, barons and below use The Noble.

Divorced peeresses "cannot claim the privileges or status of Peeresses which they derived from their husbands". While a divorced former wife of a duke is no longer a duchess, she may still use the title, styled with her forename prefixed to the title (without the definite article, the). Her forename is used primarily to differentiate her from any new wife of her former husband. However, should the former husband remain unmarried, the former wife may continue to use the title without her forename attached. Should a former wife of a peer remarry, she would lose the style of a divorced peeress and take on a style relating to her new husband.

Vestments

Robes

Peerage robes are currently worn in Castadilla on ceremonial occasions. They are of two varieties: peerage robles, worn in the Congress of the Peerage on occasions such as at a peer's introduction or the State Opening of the National Assembly of Castadilla, and coronation robes, worn at the coronations of emperors. The details of the fur on these robes differs according to a peer's rank.

The robes are of the same basic design, though have varied according to the rank of the wearer.

Coronets and headgear

In Castadilla, a peer wears his or her coronet on only one occasion: for the coronations of emperors, when it is worn along with coronation robes.

The coronet of a duke or duchess has eight strawberry leaves with pearls and a point between each strawberry leaf
The coronet of a marquess or marchioness has eight strawberry leaves with pearls and no points between each strawberry leaf
The coronet of a count or countess has four strawberry leaves with pearls and four clusters of three pearls
The coronet of a viscount or viscountess has sixteen points, each tipped with a pearl
The coronet of a baron or baroness has four points with big pearls and four points with small pearls
The coronet of a baronet or baronetess has six big pearls and a string of pearls around the jeweled circlet
The coronet of a don or doña has a string of pearls around the jeweled circlet
The coronet of a hereditary gentleman has just a jeweled circlet
The coronet of a non-hereditary gentleman has a string of pearls around the plain circlet
The coronet of a squire is just a red cap with ermine
Senators and Senatrixes have no coronets

Peerage in Castadilla

Contents

Background

History of the Peerage