PRECEDENCY.]

MISCELLANEOUS REMARKS.

5

According to the Statute, 31 Hen. VIII. c. 10, the Decrees made by KingJames the First, 8 the Statutes of the Orders of the Garter, Bath, and SaintMichael and Saint George, and the other authorities cited, the Precedency ofPersons below the Dignity of Barons, is properly as follows :

such Bannerets, as shall be made by the King’s Majesty, his Heirs and Successors under his or theirstandard, displayed in an Army Royal in open war, and the King personally present, for the term ofthe lives of such Bannerets and no longer (according to the most ancient and noble institution), shallfor ever hereafter in all places, and upon all occasions, take place, and precedence, as well before allother Bannerets whatsoever (no respect being had to the time and priority of their creation), aslikewise before the younger sons of Viscounts and Barons, and also before all Baronets.

“ And again, that the younger sons of Viscounts and Barons, and also all Baronets, shall in allplaces, and upon all occasions, take place and precedence before all Bannerets whatsoever, other thansuch as shall be made by the King himself, his Heirs and Successors in person, and in such specialcase, manner and forme as aforesaid.”

“ And His Majesty doth likewise for himself, his Heirs and Successors ordain, that the Knights ofthe Most Noble Order of the Garter, the Privy Councillors of His Majesty, his Heirs and Successors,the Master of the Court of Wards and Liveries, the Chancellor and Under-Treasurer of the Exchequer,Chancellor of the Duchy, the Chief Justice of the Court commonly called the King’s Bench, theMaster of the Rolls, the Chief Justice of the Court of Common Pleas, the Chief Baron of theExchequer, and all other the Judges and Barons of the degree of the Coif of the said Courts, now, andfor the time being, shall by reason of such their Honourable orders and employment of State andJustice, have place and precedency in all places, and upon all occasions before the younger sons ofViscounts and Barons, and before all Baronets, any custom, use, ordinance, or other thing to thecontrary notwithstanding. But that no other person or persons whatsoever, under the degree ofBarons of Parliament, shall take place before the said Baronets, except only the younger sons ofViscounts and Barons, and others of higher degree, whereof no question ever was, or can be made.And so His Majesty’s meaning is, and accordingly he doth by these presents, for him, his Heirs andSuccessors, ordain and decree, that the said Baronets, and the heirs males of their bodies, shall in allplaces, and upon all occasions for ever, have, hold, and enjoy their place and precedency, next unto,and immediately after the younger sons of Viscounts and Barons, and that no person or persons, norstate or states of men, shall have or take place between them.”

It was then provided, that the Wives of Baronets and of the heirs male of their bodies, shall haveplace and precedency next unto, and immediately after Wives of the younger sons of Viscounts andBarons, and the daughters of Viscounts and Barons. Rot. Patent, 10 Jacobi I. part 10, n. 8.

In 1616, King James further decreed that “the Wives of Baronets and of the heirs male of theirbodies, as well in the lifetime of their husbands as after the decease of their husbands, shall duringtheir lives have and hold the like place and precedency, which they had and held in their husbandslives, according to the manner and usage in other Degrees. And forasmuch as the Degree of a Baronetis an Hereditary Degree in blood, therefore We do declare, that the eldest sons of the same Baronetsand their Wives, as well during their husbands lives as after: and the daughters of the same Baronets,the said daughters following next after the said Wives of the eldest sons of the same Baronets, shallhave place and precedency before the eldest son, and the wife of the eldest son of any Knight of whatDegree or order soever: and likewise that the younger sons of the same Baronets and their Wives, aswell durina- their husbands lives as after, shall after the same manner have place and precedency nextafter the eldest sons, and the Wives of the eldest sons, and before the younger sons, and before theWives of the younger sons of any of the Knights aforesaid.”