HL Deb 30 May 1876 vol 229 cc1414-6
LORD ORANMORE AND BROWNE,

in asking the Secretary of State for Foreign Affairs Whether the same rules which prevented the acceptance by a British subject of orders or decorations from Foreign Sovereigns apply to the acceptance by British subjects of titles from Foreign Sovereigns; and, if those rules were held not to apply, whether there were any others that do; and, if there are none that apply, whether British subjects are free to accept titles from Foreign Sovereigns; and, if so, whether he does not deem it desirable that some rules should be made to protect the prerogative of the Crown as the sole fountain of honour in the United Kingdom?—said, these Questions arose out of the discussion in this House on Friday evening last; and he would wish rather to speak upon the subject with the higher authority of the noble Lord (Lord Houghton), who then brought forward the question, than his own. The Question on Friday last was whether decorations conferred by Foreign Sovereigns could be worn by British subjects residing in this country? and the noble Earl (Earl Granville) who had been Foreign Secretary when the noble Lord (Lord Houghton) brought the same subject forward in 1873, in answer, said, that there had been rules at all times in force to prevent British subjects, with a few exceptional cases, from accepting those decorations without the consent of the Crown; and he gave as an illustration the anecdotes of Queen Elizabeth, who declared that her dogs should wear no collars but her own; and of King George III., who liked all his sheep to be marked with his own brand. The noble Earl the present Foreign Secretary (the Earl of Derby) on that occasion stated that he assented to all that had been previously said by the noble Earl (Earl Granville). Therefore the condition of things was this—that both the present and late Secretaries for Foreign Affairs had stated that the Crown was the only fountain of honour, and that it was contrary to the rules which prevailed in England that foreign decorations should be worn by English subjects. It followed that if foreign decorations were not to be accepted, it was far more important that foreign titles should not be accepted. It appeared, however, that if upon any great public occasion an English gentleman who had accepted such a title was invited to Court and received by that rank, he obtained the precedence of that rank. So that it came to this—that if a gentleman of great influence and position received a foreign title, a certain precedence was given to him, which became habitual, and he took a higher place than that accorded to him by his own Sovereign. That recognition seemed to him calculated to introduce confusion and perhaps contempt. Therefore it was that he desired to put his Question to the noble Earl.

THE EARL OF DERBY

In answer to the Question of the noble Lord, I can only say that no rules have been laid down as to English subjects receiving titles from Foreign Sovereigns. It rests entirely with the Crown whether the acceptance of such a title should be sanctioned or not. There are some cases where a Royal licence has been granted to enable British subjects bearing foreign titles to use them in this country. When no such licence has been granted the use of the titles would not be sanctioned or recognized at Court or in any official communications; nor, I presume, in any legal documents. With regard to the second point—whether British subjects are or are not free to accept and use titles from Foreign Sovereigns—the only answer I can give is that they incur no penalty by doing so. In point of fact, I do not believe that a man would incur any legal penalty if he called himself by a title to which he had no right, and which had not been conferred either by a British Sovereign or any other. It is a matter of which the law takes no cognizance. With regard to the last point, I am not aware that any great inconvenience arises from the present state of the law on this subject and I do not think that any new regulations are necessary. With reference to the case put by the noble Lord as to the acceptance of foreign titles not sanctioned by the Government of this country, but which cannot grow into use and give the bearer precedence on public occasions, I can only point out that this is a case which cannot occur, because precedence at the British Court is regulated by fixed and well-known rules. That is not a matter which is dealt with by the law of England, but which is regulated by custom and social convention, and I think we may leave it on the footing upon which it stands at present.