We are often asked about the difference between feudal and peerage titles. Although originally both were gifted by the monarch, they were and are very different.
Historically: A peerage title was bestowed on a specific person and his heirs (note these were almost exclusively bestowed on men). These would be inherited according to a specific line of succession, usually to the eldest son. If there were no direct male descendants, the peerage title would usually go to a more distant male heir, rather than the daughter. Peerage titles can become extinct if there is nobody to inherit, according to the rules of succession. A feudal title was tied to the land and although it too would usually be inherited by the eldest son, in the absence of a direct male heir, it would more commonly be left to a daughter rather than a distant male cousin. We therefore see that although our imaginary ‘Dukedom of Strathglen’ was both a peerage and a feudal title, bestowed upon the same gentleman, after several generations the feudal title remains with the direct descendants (through the female line) while the peerage title now rests with a different branch of the family.
Peerage titles would historically have given the holder a seat in the House of Lords. Feudal titles did not. Following the House of Lords Act 1999, there are very few hereditary peers in the House of Lords. Only those peers who have shown to be making a substantial contribution to the UK democratic process have been allowed to retain their seats in the House of Lords.
Modern times: Very few hereditary peers are now created anew, and these are typically members of the Royal Household (Duke of Sussex, Duke of Edinburgh etc.). These titles do not allow the holder to take a seat in the House of Lords. Peerage titles cannot be sold. Apart from Royal peerages, all peerage titles created in modern times are lifetime peers, meaning the title ends with the death of the holder. Feudal titles have undergone fundamental reform following the Abolition of Feudal Tenure (Scotland) Act, which came into force in 2004. Up until that date, an ‘interest in land’ was required to support the title. This could be 1,000 acres, or a lane between two fields, or a ‘superiority’ of land. Theoretically, the title followed the land, so the title remained with the last piece of land to leave the estate. In practice however, it is not always possible to identify land to ‘support’ the title and the title has therefore been extinguished. Since 2004, land is no longer required to support the title, so as long as land was held with the title on the ‘appointed day’ (28th November 2004) the title cannot be extinguished.
Where does the Honours system fit into this?
Modern UK Honours are bestowed on various people in recognition of their contribution to public life. The granting of a peerage title is the highest form of Honour that exists in the modern British honours system. Honours are completely separate to the feudal system and cannot be bought and sold.