Privilege of Peerage - Privilege Myths

Privilege Myths

Fanciful tales of peers with whimsical privileges circulate, such as that of the right to wear a hat in the presence of the Sovereign. The most persistent example of such a legend is that of the Kingsale hat. According to the fable John de Courcy, Earl of Ulster, obtained from King John the privilege of remaining covered in the presence of the Sovereign. Though the tale is untrue—de Courcy was never made an earl and did not receive such a privilege—several authorities on the peerage have seen fit to repeat it. A 19th-century edition of Burke's Peerage suggests the origins of the privilege:

... the Earl of Ulster was treacherously seized while performing penance, unarmed and barefooted, in the churchyard of Downpatrick, on Good Friday, anno 1203, and sent over to England, where the king condemned him to perpetual imprisonment in the Tower ... After de Courcy had been in confinement about a year, a dispute happening to arise between King John and Philip Augustus of France concerning the Duchy of Normandy, the decision of which being referred to single combat, King John, more hasty than advised, appointed the day, against which the King of France provided his champion; but the King of England, less fortunate, could find no one of his subjects willing to take up the gauntlet, until his captive in the Tower, the stout Earl of Ulster, was prevailed upon to accept the challenge. But when everything was prepared for the contest, and the champions had entered the lists, in presence of the Kings of England, France and Spain, the opponent of the earl, seized with a sudden panic, put spurs to his horse, and fled the arena; whereupon the victory was adjudged by acclamation to the champion of England. The French king being informed, however, of the earl's powerful strength, and wishing to witness some exhibition of it, de Courcy, at the desire of King John, cleft a massive helmet in twain at a single blow.

To reward his singular performance, King John supposedly granted de Courcy the privilege of remaining covered in the presence of the Sovereign. The 1823 edition of Debrett's Peerage gives an entirely fictitious account of how Almericus de Courcy, 23rd Baron Kingsale, asserted the privilege:

Being very handsome in his person, and of a tall stature, his lordship one day attended King William's court, and being admitted into the presence-chamber, asserted the privilege of being covered before his majesty, by walking to and fro with his hat on his head. The king observing him, sent one of his attendants to inquire the reason of his appearance before him with his head covered; to whom he replied, he knew very well in whose presence he stood, and the reason why he wore his hat that day was, because he stood before the king of England. This answer being told the king, and his lordship approaching nearer the throne, was required by his majesty to explain himself, which he did to this effect: "May it please your majesty, my name is Courcy, and I am Lord of Kingsale in your kingdom of Ireland: the reason of my appearing covered in your majesty's presence is, to assert the ancient privilege of my family, granted to sir John de Courcy, earl of Ulster, and his heirs, by John, king of England, for him and his successors for ever." The king replied, he remembered he had such a nobleman, and believed the privilege he asserted to be his right, and giving him his hand to kiss, his lordship paid his obeisance, and remained covered.

Despite such inaccuracies, the tale has been frequently repeated. Individual privileges that did exist have fallen into disuse—for example the Lord of the Manor of Worksop (which is not a peerage) was extended the privilege and duty of attending the coronation of the British monarch until 1937, but the right was not exercised at the 1953 coronation of Queen Elizabeth II.