Letters patent (always in the plural; abbreviated to LsP by the Crown Office), in the United Kingdom, are legal instruments generally issued by the monarch granting an office, right, title (in the peerage and baronetage), or status to a person (and sometimes in regards to corporations and cities). Letters patent have also been used for the creation of corporations or offices, for granting city status, for granting coat of arms, and for granting royal assent.
Patents are prepared by the Crown Office; the name of the Clerk of the Crown in Chancery is subscribed/printed at the end of all documents as a way of authentication of their having passed through the Crown Office.[1]
The form of letters patent have been disclosed by the Crown Office in as pro forma texts, and have been compiled here. The Ministry of Justice has said in the past that there are 92 unique types of letters.[2] The text of letters patent can be altered for specification in certain situations, though the following texts are the general basis for draft.
Terminology
In appointing a person to an office through letters patent, there are three documents involved:[3]
The warrant – This contains the monarch's instructions to the Lord Chancellor to prepare letters patent. The Lord Chancellor delivers the said instructions to the Crown Office, who under the guidance of the Clerk of the Crown prepare the patent.
Letters patent (sometimes called the patent) – the document which actually makes the appointment; it is sealed by either the Great Seal or its wafer form, and is typed or handwritten on vellum.
The patent roll entry – this is a record of the warrant. The patent roll entries are bound together at the end of each regnal year and are sent to the National Archives, together with the warrants for permanent retention and storage.
These documents are not always given to the appointee. Letters patent come at a cost for an appointee who elects to receive an illustrated document prepared by the scribes at the Crown Office,[4] but is otherwise entitled to receive a text-only version for nothing. The patent roll entry is exclusively held by the National Archives and is not given to the appointee.
Patents, most notably before the 20th century, were granted with special conditions. The following methods were mainly used in regards to the appointment of individuals to offices, whose purpose was to allow the holder to pick his successor.[5]
Grant in reversion – granted to a person after the demise of the current holders (or sometimes after the demise of multiple future holders)
Grant in survivorship – granted to two persons who hold the office collectively; upon the death of one of the parties the remaining assumes the office alone
Types of letters patent
Removal from office
Persons may be removed of an office through letters patent, though this process is reserved for offices that were granted through patents in the first place. Modern patents, instead of requiring this form be issued, state that the grantee shall replace the present holder of the office in question.
Peerage and baronetage
Peerages: Peerages may be created for individuals for life, or as hereditary peerages. The ranks of the peerage are, in descending order, duke and duchess, marquess and marchioness, earl and countess, viscount and viscountess, and baron and baroness.
Baronetcies: Baronets and baronetesses are not part of the peerage but hold the styles of "sir" and "dame" as applicable. They rank immediately below the barons and baronesses but above knights and dames of the various orders of chivalry within the United Kingdom and the Commonwealth.
HM Government
Commissioners of the Great Seal: The Great Seal Act 1688 provided for the office of Lord Chancellor to be put in commission, and since the office held custody of the Great Seal of the Realm, the said custody had to be vested upon Lord Commissioners.
Letters patent would be issued on an ad hoc basis for commissioners to take custody of the Great Seal during any overseas visit by the Lord Chancellor or for when the Lord Chancellor would otherwise be unable to exercise his functions. In 1980 letters patent were issued providing for the delegation of the functions of the Lord Chancellor to commissioners whenever the Lord Chancellor was abroad.[9] Additional letters patent were issued in 1989 expanding the purview of the 1980 letters patent.[10]
Lords Commissioners of the Treasury: The Lords Commissioners of Her Majesty's Treasury are nowadays appointed through letters patent as a group, with the first person named within the patent being the First Lord of the Treasury, and the second being the Second Lord of the Treasury; the rest of the persons named assume office as junior Lords. There used to be different patents for the First, Second and Junior Lords of the Treasury.[11]
City status: this honour is granted to a select group of communities, although it carries no special rights outside of the prestige and pride that comes along with it.[26]
Principality of Wales: this title is held by the eldest son of the Monarch, who is in turn heir-apparent to the throne; the Prince supports The King in discharging his royal duties.[29] The title has, since 1301, been held in conjunction with that of Earl of Chester.[30]
Garter Principal King of Arms: The Garter is the senior King of Arms and the senior Officer of Arms of the College of Arms. The Garter is responsible for running the college and has the duty of announcing the new monarch after the death of the current one.
Lord High Admiral: one of the Great Officers of State, the Lord High Admiral is the ceremonial head of the Royal Navy. The office has been held by various members of the Royal Family, and before the establishment of the Defence Council, by the Admiralty in commission: there would be a First Lord of the Admiralty with all other members being referred to as Lord Commissioners of the Admiralty.
Vice Admiral: is a flag officer rank of the Royal Navy, immediately superior to the rear admiral rank and subordinate to the admiral rank.
Rear Admiral: is a flag officer rank of the Royal Navy, immediately superior to commodore and subordinate to vice admiral.
Knighthoods
Powers to confer knighthood – General: Knighthoods are usually conferred for public service, and entitle the grantee to the prefix "Sir" to their forenames, and their wives to the prefix "Lady" to their surnames. When the recipient is a knight by virtue of an order of chivalry or is otherwise entitled to a higher prefix than "Sir", he may use the letters "Kt" after his name.[38]
Powers to confer knighthood – Double: The King, during any absence from the United Kingdom or otherwise absence from a particular investiture, may delegate the powers to confer knighthoods to a Counsellor of State, and these letters patent are issued for that purpose, as applicable.
Removal of a knighthood: Knighthoods may be removed if the grantee has committed a crime or has otherwise defamed the very reason he was knighted in the first place.[39] This procedure is similar to the one used when removing membership to an order of chivalry.
Powers to confer knighthood on individuals whilst overseas: The King may confer on an individual the power to knight an individual whilst overseas.
^"The Crown Office (Preparation and Authentication of Documents Rules) Order 1988". The National Archives. Retrieved 20 March 2021.
^"Letters patent (Freedom of Information Request)". WhatDoTheyKnow. 5 March 2012. Retrieved 26 March 2021.
^ a b c d e f g h i j k l m"Crown Office General Guidance for Warrants and Patents" (PDF). 18 November 2014. Retrieved 19 March 2021.
^"The Crown Office Fees Order 2013". The National Archives. Retrieved 26 March 2021.
^Hewerdine, Anita (27 May 2012). The Yeomen of the Guard and the Early Tudors: The Formation of a Royal Bodyguard. Bloomsbury Publishing. pp. 102–103.
^ a b c d"The Crown Office (Forms and Proclamations Rules) Order 1992: Schedule", legislation.gov.uk, The National Archives, 15 July 1992, SI 1992/1730 (sch.), retrieved 2023-02-16
^"The Crown Office (Forms and Proclamations Rules) (Amendment) Order 2000: Article 3", legislation.gov.uk, The National Archives, 15 November 2000, SI 2000/3064 (art. 3), retrieved 14 November 2023
^"Crown Office Request (Freedom of Information Request)". WhatDoTheyKnow. 21 February 2021. Retrieved 27 March 2021.
^"Letters Patent appointing Mark Thomson as Registrar General". Retrieved 27 March 2021.
^"Commission appointing Nicola Sturgeon as First Minister of the Scottish Government". Retrieved 27 March 2021.
^"Letters Patent appointing Justin Welby as Archbishop of Canterbury" (PDF). WhatDoTheyKnow. 13 January 2013. Retrieved 29 March 2021.
^"Letters Patent appointing Stephen Cottrell as Archbishop of York" (PDF). WhatDoTheyKnow. 1 July 2020. Retrieved 29 March 2021.
^Crown Office Disclosures [@CrownOffFOIDs] (April 5, 2022). "Unsigned and unsealed Letter Missive, warrant and letters patent for a congé d'élire relating to the Bishopric of Salisbury" (Tweet) – via Twitter.
^"Letters Patent appointing James Mustard as Rector of East Barnet". East Barnet Parish Church. Retrieved 7 April 2021.
^ a b cCrown Office Disclosures [@CrownOffFOIDs] (August 25, 2022). "Sometime over the past 60 years the wording of the letters patent appointing the Master of the Rolls was changed to the wording used for other senior judicial appointments" (Tweet) – via Twitter.
^ a bCrown Office Disclosures [@CrownOffFOIDs] (August 17, 2022). "[A]lthough the [Constitutional Reform Act] 2005 provided for the senior and second senior Lord of Appeal in Ordinary to automatically be President and Deputy President of the Court, letters patent were issued for their appointment" (Tweet) – via Twitter.
^Crown Office Disclosures [@CrownOffFOIDs] (December 12, 2022). "The King's first senior judicial appointment was confirmed on 3 October 2022..." (Tweet) – via Twitter.
^Crown Office Disclosures [@CrownOffFOIDs] (January 3, 2022). "Immediate warrant for appointing Sir Richard Snowden as a Lord Justice of Appeal" (Tweet) – via Twitter.
^Jason Loch [@JasonLoch] (February 15, 2020). "High Court justices also have their Letters Patent pass by immediate warrant" (Tweet) – via Twitter.
^Jason Loch [@JasonLoch] (February 17, 2020). "Another type of Letters Patent that pass by immediate warrant are the Letters Patent for appointing Queen's Counsel" (Tweet) – via Twitter.
^Jonathan Jones [@SirJJKC] (March 11, 2019). "Today I received my letters patent from the Lord Chancellor as an honorary Queen's Counsel" (Tweet) – via Twitter.
^Crown Office Disclosures [@CrownOffFOIDs] (February 4, 2022). "Warrant to prepare letters patent for the re-appointment of John Quinn QC as Attorney-General for the Isle of Man" (Tweet) – via Twitter.
^"Why do towns want to become cities?". BBC News. 22 June 2011. Retrieved 28 March 2021.
^"Letters patent appointing Lord-Lieutenant of Rutland". 10 September 2023. Retrieved 10 September 2023.
^Crown Office Disclosures [@CrownOffFOIDs] (April 5, 2022). "Home Office instruction, warrant, letters patent and patent roll entry relating to the appointment of Donald W. Limon as Under Clerk of the Parliaments" (Tweet) – via Twitter.
^"Letters Patent creating Charles Prince of Wales and Earl of Chester". Royal Collection Trust. 1958.
^"Letters patent appointing Jeff James as Queen's Printer". Retrieved 27 March 2021.
^"Letters Patent appointing the Lord High Almoner" (PDF). www.gov.uk. Ministry of Justice. Retrieved 6 June 2021.
^Crown Office Disclosures [@CrownOffFOIDs] (January 21, 2022). "Letters patent appointing Lord Houghton of Richmond as Constable of the Tower of London" (Tweet) – via Twitter.
^Crown Office Disclosures [@CrownOffFOIDs] (January 3, 2022). "Warrant to prepare letters patent for giving Sir George Norton the office of Lieutenant of the Tower of London" (Tweet) – via Twitter.
^Crown Office Disclosures [@CrownOffFOIDs] (January 21, 2022). "Letters patent appointing Ian Macfadyen as Governor and Constable of Windsor Castle" (Tweet) – via Twitter.
^Hamilton, Vesey (1896). "Naval Administration". www.pdavis.nl. Retrieved 26 March 2021.
^"Information". Imperial Society of Knights Bachelor. Retrieved 28 March 2021.
^"Former RBS boss Fred Goodwin stripped of knighthood". BBC News. 31 January 2012. Retrieved 28 March 2021.
^"Letters Patent removing Fred Goodwin's knighthood". 3 February 2012. Retrieved 28 March 2021.
^"Warrants for the Great Seal, 54 Elizabeth II: part 1" (7 March 2005) [Textual record]. Records of the Lord Chancellor, Series: Chancery: Warrants for the Great Seal, Series III, ID: C 83/702. Richmond, London: The National Archives (United Kingdom).
Text of letters patent was copied from https://www.gov.uk/, which is available under an Open Government Licence v3.0. © Crown copyright.