Page:Dod's Peerage, Baronetage, Knightage etc. of Great Britain and Ireland.djvu/43

 PRECEDENCE 19 rest upon patent, or Order in Council, or statute, but on that which is of equal force — immemorial usage, evidenced by the orders of the Constable of England in the year 1467, made " according to auncient statutes." As a body, their position is that which their number (52) indicates, while ifiter se the precedence of their respective fathers regulates the rank of the sons, as has already been explained with reference to dukes' eldest sons at No. 40. 53. Younger Sons of Dukes. — This place is assigned to the younger sons of dukes upon the authority of a decree pronounced by the commissioners for executing the office of Earl Marshal, in the reign of Elizabeth, 16th Jan., 1594. In accordance with the rules already referred to, the members of this class, however, take rank inter se in accordance with the relative precedence of their respective fathers. 54. Lord Great Chamberlain, when of the rank of a viscount ; vide No. 18. 55. Lord High Constable, when of the rank of a viscount ; vide No. 19. 56. Lord Steward of the Household, when of the rank of a viscount ; vide No. 22. 57. Lord Chamberlain of the Household, when of the rank of a viscount ; vide No. 23. 57n. Master of the Horse, when of the rank of a viscount ; vide No. 23a. 58. Viscounts of England. — The same rule applies to these as to the higher ranks of the peerage. The class now under consideration are those whose titles were granted antecedently to the union with Scotland, and they are extinct save one, the viscounty of Hereford. The peer who holds that dignity is, of course, the i^remier viscount of the realm. 59. Viscounts of Scotland. — As in the cases of earls, marquesses, and dukes, the Scottish viscounts take precedence immediately after the English created before the Union : Viscount Falkland being the first, and Viscount Strathallan the last. Of course, amongst each other they follow .the usual rule, viz. date of patent. 60. Viscounts of Great Britain. — These were created between 1707, the period of the Scottish |Union, and 1801, that of the union with Ireland ; they are therefore preceded, first, by the one English viscount, and 2ndly, by the Scottish viscounts. This rule is founded, like all others of a similar kind, upon the provisions of the Treatj' of Union. The first of this class is Viscount Bolingbroke, the last is Viscount Hood. 61. Viscounts of Ireland. — These are peers of Ireland created before the Union, and by the Act which affected that great change they became peers of Great Britain, with " precedence next after other peers of a like degree." The first of the number is Viscount Gorinanston ; the last. Viscount Avomnore. Amongst each other, they Eollow the general rule of taking rank according to the dates of patents. 62. Viscounts of the United Kingdom constitute that portion of the peerage which has been created since 1801. In the scale of pre- cedence, several Irish viscounts (created since the Union) are intermingled with them, according to dates of patent, on principles already explained. 63. Eldest Sons op Earls. — It is not under any distinct written authority that the eldest sons of earls hold this place, but by immemorial usage, which can be distinctly traced at least to the year 1399. Collectively, their position is indicated by the number 63, while individually he rank of their respective parents regulates the precedence of the children ifiter se. 64. Younger Sons of Marquesses hold this rank by immemorial usage, in Uke manner as the sons of dukes and earls possess theirs, and in the same way their fathers' precedence among mar- quesses regulates theirs amongst the issue of marquesses. 65. The Bishop of London is here placed by the statute of Henry VIII. There is some ground for supposing that antecedently to the passing of that Act he occupied a different position, but there cannot now be any doubt as to the place which ought to be given to this prelate. 66.jBiSHOP of Durham. — The same statute (that of Henry VIII) which determines the precedence of the Bishop of London fixes that also of the Bishop of Durham. 67. The Bishop of Winchester. — By the constitution of the Order of the Garter, it was declared that the prelate of that Order should always take precedence of every other bishop. From the foundation of the Order to the present time, with the exception of a few months in the year 1553, this office has always been held by the bishops of Winchester ; therefore the holders of this see have uniformly enjoyed precedence over all bishops, excepting those of London and Dur- ham, who in the 31st of Henry VIII were placed above them by the Act passed in that year regulating precedence. 68. English Bishops. — So many generations have passed away since a bishop was a Secretary of State, that it may be scarcely worth while to call attention to the fact, that the 31st of Henry VIII provides, if a prelate should be a principal Secretary of State, that he shall take precedence of all his brethren, unless some of them hold one of the ten offices already mentioned, which give a precedence over dukes. Bishops precede all temporal barons ; and the general rule is that they shall take rank amongst each other according to priority of consecration, and not in right of privileges attaching to each see. The exceptions are, as already stated, that the Bishops of London, Durham, and Winchester, enjoy rank superior to any other member of the episcopal body : see p. 40. 69. The Moderator of the General As- sembly of the Church of Scotland has precedence in England after the bishops, and in Scotland precedence next after the Lord Chancellor of Great Britain : see p. 65. 70. Lord Great Chamberlain, if of the rank of a baron ; vide No. 18. 71. Lord High Constable, if of the rank of a baron ; vide No. 19. 72. Lord Steward of the Household, if of the rank of a baron ; vide No. 22. 73. Lord Chamberlain of the Household, if of the rank of a baron ; vide No. 23. 73o. Master of the Horse, if of the rank of a baron ; vide No. 23a. 74. Secretary of State. — If the office be filled by a baron, he takes precedence of all peers of that degree : but the rule does not hold beyond this rank, as the office [does not exalt the pre- cedence of a viscount, earl, marquess, or duke (Coke, Inst. 4-362). When below the degree of a laaron, his rank is as at No. 86. 75. Barons of Engl. d. — These are peers sitting by writ or patent of earlier date than the Scottish "Union, a.d. 1707. 76. Barons of Scotland. — The Treaty of Union between England and Scotland made provision that the barons of that country should take precedence next after those of a like degree in England, having rank amongst each other according to the antiquity of their titles. The first amongst this class is Lord Forbes, and the last Lord Polwarth. 77. Barons of Great Britain. — These are peers whose patents of creation bear date between the Scottish and Irish imions, namely, during the period from 1707 till 1801. They take rank after the Scottish, and before the Irish barons. 78. Bahons of Ireland. — According to the Act of Union between Great Britain and Ireland, this class of peers takes precedence next after those of a like degree in England, at the time of the Union, and amongst each other, according to antiquity of creation. 79. Barons of the United Kingdom. — All