Letters patent (pl. letters patent) are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation. They are so named from the Latin verb pateo, to lie open, exposed, accessible,[1] being called in full litterae patentes.
Letters patent can be used for the creation of corporations or government offices, or for the granting of city status or a coats of arms. A particular form of letters patent has evolved into the modern design patent granting exclusive rights in an invention. Clearly in this case it is essential that the written grant should be in the form of a public document so other inventors can consult it to avoid infringement.
The opposite of letters patent are letters close (Latin: litterae clausae), which are personal in nature and sealed so that only the recipient can read their contents.
Letters patent are a form of open or public proclamation [2] and a vestigial exercise of extra-parliamentary power by a monarch or president. Prior to the establishment of parliament, the monarch ruled absolutely by the issuing of his personal written orders, open or closed.
They can thus be contrasted with the Act of Parliament, which is in effect a written order by parliament, approved by the monarch whose signature gives it force. No explicit government approval is contained within letters patent, only the seal or signature of the monarch.
Clearly today parliament tolerates only a very narrow exercise of the royal prerogative by issuance of letters patent, and such documents are issued with prior informal government approval, or indeed are now generated by government itself with the monarch's seal affixed as a mere formality. In their original form they were simply written instructions or orders from the king, whose order was law, which were made public to re-inforce their effect.
For the sake of good governance it is clearly of little use if the king appoints a person to a position of authority if he does not at the same time inform those over whom such authority is to be exercised of the validity of the appointment. Litterae in Latin meant "that which is written" or "writing", in the sense of letters of the alphabet placed together in meaningful sequence on a writing surface, not a specific format of composition as the modern word "letter" suggests. Thus letters patent does not equate to an open letter but rather to any form of document, deed, contract, letter, despatch, edict, decree, epistle etc. [3] made public. A record of all the letters patent issued by English monarchs since 1202 is contained in the Patent Rolls, part of the state archives of Great Britain.
In the United Kingdom and countries formerly under that country's influence, letters patent are issued under the prerogative powers of the head of state ("royal prerogative"). They constitute a rare, if significant, form of legislation without the consent of the parliament. Letters patent may also be used to grant assent to legislation.
In the United States, the forgery of letters patent granted by the President is a crime subject to fine, imprisonment up to ten years or both (18 U.S.C. § 497). Without letters patent, a person is unable to assume an appointed office. Such an issue prompted the Marbury v. Madison suit, where William Marbury and three others petitioned the United States Supreme Court to order James Madison to deliver their letters for appointments made under the previous administration.
The use of letters patent in making royal proclamations has been reduced by order of a statutory instrument (number 1730) issued by Queen Elizabeth II at the Court at Buckingham Palace, the 15th day of July 1992 in the prescence of the privy council. It is known as "The Crown Office (Forms and Proclamations Rules) Order 1992" [4] and was laid before parliament on 23rd July 1992. It was issued in exercise of the powers conferred on the monarch by section 3 of the Crown Office Act 1877. Section 3 of this statutory instrument is entitled "Publication of Royal Proclamations" and states:
"It shall be sufficient for Royal Proclamations to be published in the London, Edinburgh and Belfast Gazettes; but if the Lord President of the Council, thinking it expedient, directs that copies of such proclamations shall in addition be sent to such High Sheriffs, Sheriffs, Lord Mayors and Mayors in England and Wales and to such Sheriffs Principal in Scotland as he thinks fit, the contents of such proclamations shall thereupon be made known in the manner accustomed".
Here "the manner accustomed" refers to a traditional letters patent.
The form of letters patent for creating peerages has been fixed by the same statutory instrument (number 1730) issued by Queen Elizabeth II at the Court at Buckingham Palace, the 15th day of July 1992 in the prescence of the privy council. It is known as "The Crown Office (Forms and Proclamations Rules) Order 1992" [5] and was laid before parliament on 23rd July 1992. It was issued in exercise of the powers conferred on her by section 3 of the Crown Office Act 1877. The schedule in part 3 lays down 9 pro-formas (A-I) for creating various ranks of the peerage, lords of appeal and baronets as follows:
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion do by these Presents advance create and prefer Our to the state degree style dignity title and honour of DUKE OF xxx. And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Duke of and by these Presents do dignify invest and ennoble him by girding him with a sword and putting a cap of honour and a coronet of gold on his head and by giving into his hand a rod of gold [or, if the grant is to a woman, “dignify invest and really ennoble her with such name state degree title and honour of Duchess of ”] to have and to hold the said name state degree style dignity title and honour of Duke of unto him and the heirs male of his body lawfully begotten and to be begotten. Willing and by these Presents granting for Us Our heirs and successors that he and his heirs male aforesaid and every of them successively may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Dukes And also that he and his heirs male aforesaid successively may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Duke duly and of right belonging which Dukes of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy. In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion do by these Presents advance create and prefer Our to the state degree style dignity title and honour of MARQUESS OF xxx. And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Marquess of and by these Presents do dignify invest and ennoble him by girding him with a sword and putting a cap of honour and a coronet of gold on his head and by giving into his hand a rod of gold [or, if the grant is to a woman,”to dignify invest and really ennoble her with such name state degree title and honour of Marchioness of “] to have and to hold the said name state degree style dignity title and honour of Marquess of unto him and the heirs male of his body lawfully begotten and to be begotten. Willing and by these Presents granting for Us Our heirs and successors that he and his heirs male aforesaid and every of them successively may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongest the Marquesses And also that he his heirs male aforesaid successively may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Marquess duly and of right belonging which Marquesses of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy. In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion do by these Presents advance create and prefer Our to the state degree style dignity title and honour of EARL xxx. And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Earl and by these Presents do dignify invest and ennoble him by girding him with a sword and putting a cap of honour and a coronet of gold on his head [or, if the grant is to a woman,”to dignify invest and really ennoble her with such name state degree title and honour of Countess of “] to have and to hold the said name degree style dignity title and honour of Earl unto him and the heirs male of his body lawfully begotten and to be begotten. Willing and by these Presents granting for Us Our heirs and successors that he and his heirs male aforesaid and every of them successively may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Earls And also that he and his heirs male aforesaid successively may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of an Earl duly and of right belonging which Earls of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy. In Witness whereof We have cause these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion do by these Presents advance create and prefer Our to the state degree style dignity title and honour of VISCOUNT of xxx in xxx. And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Viscount to have and to hold unto him and the heirs male of his body lawfully begotten and to be begotten. Willing and by these Presents granting for Us Our heirs and successors that he and his heirs male aforesaid and every of them successively may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Viscounts And also that he and his heirs male aforesaid successively may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Viscount duly and of right belonging which Viscounts of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy. In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion do by these Presents advance create and prefer Our to the state degree style dignity title and honour of BARON of xxx in xxx. And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron to have and to hold unto him and the heirs male of his body lawfully begotten and to be begotten. Willing and by these Presents granting for Us Our heirs and successors that he and his heirs male aforesaid and every of them successively may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he and his heirs male aforesaid successively may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy. In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our to the state degree style dignity title and honour of BARON of xxx in xxx. And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron to have and to hold unto him for his life. Willing and by these Presents granting of Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy. In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our to the state degree style dignity title and honour of BARONESS of xxx in xxx. And for Us Our heirs and successors do appoint give and grant unto her the said name state degree style dignity title and honour of Baroness to have and to hold unto her for her life. Willing and by these Presents granting for Us Our heirs and successors that she may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that she may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy.In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Whereas Our has resigned his Office of a Lord of Appeal in Ordinary and the same is now vacant Now Know Ye that We of Our especial grace have in pursuance of the Appellate Jurisdiction Act 1876 as amended by subsequent enactments nominated and appointed and by these Presents Do nominate and appoint Our to be a LORD OF APPEAL IN ORDINARY by the style of BARON To hold the said Office so long as he shall well behave himself therein subject to the provisions in the said Act mentioned with all wages profits privileges rank and precedence whatsoever to the said Office belonging or in anywise appertaining and to hold the said style of Baron unto him the said during his life. In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”
“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion do by these Presents erect appoint and create Our to the dignity state and degree of a BARONET And for Us Our heirs and successors do appoint give and grant unto him the name dignity state degree style and title of Baronet to have and to hold unto him and the heirs male of his body lawfully begotten and to be begotten Willing and by these Presents granting for Us Our heirs and successors that he and his heirs male aforesaid may enjoy and use all the rights privileges precedences and advantages to the degree of a Baronet duly and of right belonging which Baronets of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy. In Witness whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the day of in the year of Our Reign”