Page:Dod's Peerage, Baronetage, Knightage etc. of Great Britain and Ireland.djvu/44

20 PRECEDENCE Barons created since 1801, when England. Scot- land, and Ireland became one united kingdom. Amongst these, in order of precedence, several Irish barons are intermingled according to dates of patents, on principles already explained in Nos^ 27 and 49. Life peers take rank with these ! according to dates of patents. j 80. Spe-ker of the House of Commons. — , This position is enjoyed in right of ancient usage, ] confirmed incidentally by the words employed for fixing the place of No. 81 m the 1st of William and Mary, cap. '-1- ! 81 Commissioners of the Great bEAL. — : When the office of Lord High Chancellor is ] executed by commissioners, the persons to whom j this great trust is confided become entitled, i.mder the 1st of William and Mary. cap. 21. to pre- cedence " next after the peers of this realm and tlie Speaker of the House of Commons." It need hardly be observed that this rank only belongs | to such as have no higher claim to precedence in right of other offices, or in right of hereditary honours. . , 82. Treasurer of the Household, is here plac'ed uncier the authority of a royal warrant of Henry VIII, in the year 1540. ! 83. Comptroller of the Household, is here placed under the authority of a royal warrant, temp. Henry VIII. ^ , . 84 Master of the Horse. — In modern tmies i the Master of the Horse to the King or Queen regnant, is generally a peer ; he therefore never has occasion to avail himself of the precedence which belongs to his office. 85. Vice-Chajmbeelain of the Household. — This officer is here placed on the authority of a warrant, tejnp. Henry VIII. 86. Secretary of State. — When below the degree of a baron, the place here assigned to him is that given by a warrant of Henry VIII, ni the year 1540, but when a Secretary of State is a baron, his place will be as described in No. 74. 87. Eldest Sons of Viscounts are here placed in conformity with ancient usage, evi- denced by the orders of the Constable of England in the year 1467, made "according to auncient statutes"; the relative precedence of their respective fathers settles their rank inter se. 88. YotTNGER Sons of Earls, on the same ground as No. 87, and imder the same regula- tions as regards precedence inter se. 89. Eldest Sons of Barons are placed upon the same authority as the above, namely, ancient usage. 90. Knights of the Garter. — It very rarely happens that the members of this Order depend altogether for their rank upon the distinction which their knighthood confers, for the Kiiights Companions of the Garter generally belong to the highest classes of the peerage. One of the most recent instances of this distinction having been conferred on a British subject, not being a peer, was the case of the late Prince Consort. Between the period of his investiture with the Garter and the settlement of his rank by royal ordinance, this would have been his position. Eespecting the precedence of other Orders of knighthood, there has occasionally been some uncertainty, but the rank enjoyed by Knights of the Garter is so clearly established by the statutes of the Order, that no doubts have arisen on the subject. The statute is dated April 23, 5th Charles I, 1629. 91. Privy Counsellors are here placed under the authority of letters patent, dated 28 May, 10 James I. 1612. Amongst themselves this class, like all others, take rank according to seniority of appoinlment, when no other prin- ciple of precedence exists in the individual instances. 92. Chancellor of the Order of the Garter. On the 23rd of April. 1629. it was ordained by Charles I, that this officer should hold the rank here assigned him, provided he was a layman ; but from 1475 to 1485, and from 1669 to the present time, the office has been always held by a bishop, who enjoyed a higher rank in right of his see. In the intermediate period, however, viz. from 1629 to 1669, this statute regulating prece- dence had a practical utility, and if at any future time the office should be appropriated to a lay- man, it would again come into force. 93. The Chancellor of the Exchequer holds this position under the authority of letters patent, dated 28 May, 10 James I, 1612 : but if he be a Peer or a Privy Counsellor, of course he ranks in those classes. 94. The Chancellor of the Duchy of Lancaster, on the same ground as No. 93 ; but if a Peer or Privy Counsellor, of course accord- ing to his place in those classes. 95. The Lord Chief Justice of England, on the same ground as No. 93 ; but if a Peer or Privy Coimsellor, of course according to his place in those classes. 96. Master of the Rolls, on the same gromid as No. 93, and if a Peer, with a similar exception in his favour as in the case of the Lord Chief Justice. 97. The Lords Justices of Appeal.— -WHien the Court of Appeal in Chancery was constituted, in 1851, the Lord Justices were granted this precedence, and this place was confirmed to the Lords Justices of the Court of Appeal created by the Judicature Acts 1873 and 1875, accord- ing to seniority of appointment, but when Peers or Privy Counsellors, they rank accordingly. 98. Judges of the High Court of Justice are usually Knights Bachelor, and rank accord- ing to seniority of appointment, but the President of the Probate Div. being, ex officio, a Member of the Court of Appeal, takes rank accordingly. 99. Knights Banneret, created under the royal standard displayed in open war, the I SoVereign or the Prince of Wales being present. They would take rank amongst each other accord- ing to seniority of creation. I 100. YoungJbr Sons of Viscounts are here I placed luider the authority of letters patent, dated 28 May, 10 James I, and rank according to the precedence of their respective fathers. ! 101. Younger Sons of B.rons have this place assigned them by a decree of James I (see 103). 1 102. Sons of Life Peers and of Life Peers I dece.^sed were here placed by Royal favovir in I 1897, but the warrant was not gazetted until August, 1898. This would seem to be an infringe- ment of 103, and has been challenged by the Society of the Baronetage accordingly {see 103). 103. Baronets. — On a controversy of prece- dence between the younger sons of Viscounts and Barons and the Baronets, King James I, 1612, issued a decree, fixing the precedence of the latter next after the former. By this decree the King bound himself, his heirs, and successors not at any time to give precedence to any persons beneath "the degree of Lords of Parliament, higher before or equal to the place of baronets, and a similar provision is to be found in the baronets' patents of creation. Baronets conform to the general rule of taking precedence amongst each other according to the dates of their patents respectively. But no provision is made in the Act of Union, either with Scotland or Ireland, for the precedence of the baronets of those coun- tries in England. Analogy with the orders made respecting the peerage, however, would make the succession to be — 1st. Baronets oi England whose patents are dated before 1707 2nd, Baronets of Scotland or Nova Scotia (tht order in Scotland having been created by Charles I for the advancement of that Colony) ; 3rd Baronets of Great Britain whose patents are dated before 1801 ; 4th, Baronets of Ireland 5th, Baronets of the United Kingdom. 104. Knights Banneret, provided they bt not made in the manner described at No. 99