![Letters Patent Australia](https://upload.wikimedia.org/wikipedia/commons/b/bf/Letters_Patent_Australia.jpg)
Letters patent ( la, litterae patentes) (
always in the plural) are a type of
legal instrument
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or ...
in the form of a published written order issued by a
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...
,
president
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
or other head of state, generally granting an office, right,
monopoly
A monopoly (from Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situation where a speci ...
, title or status to a person or
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
. Letters patent can be used for the creation of
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
s or government offices, or for granting city status or a
coat of arms
A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its ...
. Letters patent are issued for the appointment of representatives of
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
, such as
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
s and
governors-general
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
of
Commonwealth realms, as well as appointing a
Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm.
A particular form of letters patent has evolved into the modern
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
(referred to as a utility patent or
design patent
In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers ...
in
United States patent law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited ...
) granting exclusive rights in an
invention or design. 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 both to avoid infringement (while the patent remains in force) and to understand how to put it into practical use (once the patent rights expire). In the
Holy Roman Empire
The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars.
From the accession of Otto I in 962 ...
,
Austrian Empire
The Austrian Empire (german: link=no, Kaiserthum Oesterreich, modern spelling , ) was a Central-Eastern European multinational great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence ...
, and
Austria-Hungary
Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
, imperial patent was also the highest form of generally binding legal regulations, e.g.
Patent of Toleration
The Patent of Toleration (german: Toleranzpatent) was an edict of toleration issued on 13 October 1781 by the Habsburg emperor Joseph II. Part of the Josephinist reforms, the Patent extended religious freedom to non-Catholic Christians livi ...
,
Serfdom Patent etc.
The opposite of letters patent are ''
letters close __NOTOC__
Letters close ( la, litterae clausae) are a type of obsolete legal document once used by the Pope, the British monarchy and by certain officers of government, which is a sealed letter granting a right, monopoly, title, or status to an i ...
'' ( la, litterae clausae), which are personal in nature and sealed so that only the recipient can read their contents. Letters patent are thus comparable to other kinds of
open letter
An open letter is a letter that is intended to be read by a wide audience, or a letter intended for an individual, but that is nonetheless widely distributed intentionally.
Open letters usually take the form of a letter addressed to an indiv ...
in that their audience is wide. It is not clear how the contents of letters patent became widely published before collection by the addressee, for example whether they were left after sealing by the king for inspection during a certain period by courtiers in a royal palace, who would disseminate the contents back to the gentry in the shires through normal conversation and social intercourse. Today, for example, it is a convention for the British prime minister to announce that they have left a document they wish to enter the public domain "in the library of the House of Commons", where it may be freely perused by all members of parliament.
Meaning
Letters patent are so named from the Latin verb ', to lie open, exposed, accessible. The originator's
seal
Seal may refer to any of the following:
Common uses
* Pinniped, a diverse group of semi-aquatic marine mammals, many of which are commonly called seals, particularly:
** Earless seal, or "true seal"
** Fur seal
* Seal (emblem), a device to imp ...
was attached ''
pendent
Pendent is an adjective that describes the condition of hanging, either literally, or figuratively, as in undecided or incomplete. The word is to be distinguished from the spelling "pendant", which is the noun.
* In botany and anatomy the term ...
'' from the document, so that it did not have to be broken in order for the document to be read.
They are called "letters" (plural) from their Latin name ', used by medieval and later scribes when the documents were written in Latin. This loanword preserves the collective plural "letters" (''litterae'') that the Latin language uses to denote a message as opposed to a single alphabet letter (''littera'').
Usage
Letters patent are a form of open or public
proclamation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
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
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
, which is in effect a written order by Parliament involving
assent by the monarch in conjunction with its members. No explicit government approval is contained within letters patent, only the seal or signature of the monarch.
Parliament today 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 sovereign, whose order was law, which were made public to reinforce their effect.
For the sake of good governance, it is of little use if the sovereign appoints a person to a position of authority but does not at the same time inform those over whom such authority is to be exercised of the validity of the appointment.
According to the United Kingdom
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
, there are 92 different types of letters patent.
The
Patent Rolls
The patent rolls (Latin: ''Rotuli litterarum patentium'') are a series of administrative records compiled in the English, British and United Kingdom Chancery, running from 1201 to the present day.
Description
The patent rolls comprise a register ...
are made up of office copies of English (and later United Kingdom) royal letters patent, which run in an almost unbroken series from 1201 to the present day, with most of those to 1625 having been published.
United Kingdom and Commonwealth realms
In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and other
Commonwealth realms, letters patent are royal proclamations granting an office, right, title, or status to a person (and sometimes in regards to corporations and cities). Letters patent take the form of an
open letter
An open letter is a letter that is intended to be read by a wide audience, or a letter intended for an individual, but that is nonetheless widely distributed intentionally.
Open letters usually take the form of a letter addressed to an indiv ...
from the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...
to a subject, although this is a
legal fiction and they are in fact a
royal decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...
made under the
Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
, and are treated as
statute law. Letters patent do not require the consent of
parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
.
United States
![US General Land Office Deed 1845](https://upload.wikimedia.org/wikipedia/commons/a/ad/US_General_Land_Office_Deed_1845.jpg)
The primary source of letters patent in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
are
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
s and
land patent
A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publi ...
s, though letters patent are issued for a variety of other purposes. They function dually as public records and personal certificates.
In the United States, the
forgery of letters patent granted by the
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
is a
crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
subject to fine,
imprisonment up to ten years or both (). Without letters patent, a person is unable to assume an appointed office. Such an issue prompted the ''
Marbury v. Madison
''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes t ...
'' suit, where
William Marbury
William Marbury (November 7, 1762 – March 13, 1835) was a highly successful American businessman and one of the " Midnight Judges" appointed by United States President John Adams the day before he left office. He was the plaintiff in the landma ...
and three others petitioned the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
to order
James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
to deliver their letters for appointments made under the previous administration.
Form of United States letters patent
United States letters patent generally do not fit a specific form, except for the
eschatocol
An eschatocol, or closing protocol, is the final section of a legal or public document, which may include a formulaic sentence of appreciation; the attestation of those responsible for the document, which may be the author, writer, countersigner, ...
, or formal ending:
See also
*
Commissioning scroll
A commission is a formal document issued to appoint a named person to high office or as a commissioned officer in a territory's armed forces. A commission constitutes documentary authority that the person named is vested with the powers of that ...
*''
Firman''
*
Land patent
A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publi ...
, in the United States
*
Letter of marque
*
Letters close __NOTOC__
Letters close ( la, litterae clausae) are a type of obsolete legal document once used by the Pope, the British monarchy and by certain officers of government, which is a sealed letter granting a right, monopoly, title, or status to an i ...
*
Lettre de cachet
''Lettres de cachet'' (; ) were letters signed by the king of France, countersigned by one of his ministers, and closed with the royal seal. They contained orders directly from the king, often to enforce arbitrary actions and judgments that ...
*
Exequatur
An exequatur (Latin, literally "let it execute") is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority.
International relations
An exequatur is a patent ...
*
Papal bull, a type of letters patent issued by a Pope
*
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
, granting rights for an invention
*
Patent of Toleration
The Patent of Toleration (german: Toleranzpatent) was an edict of toleration issued on 13 October 1781 by the Habsburg emperor Joseph II. Part of the Josephinist reforms, the Patent extended religious freedom to non-Catholic Christians livi ...
*
Royal Charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but s ...
*
Statute of Monopolies 1623, an attempt to rein in the abuse of letters patent in England
References
External links
Research Guide on Letters Patent
{{authority control
Governance of the British Empire
Heraldry and law
Legal documents
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...