664 PRECEDENCE sons; 1 (61) companions of the Bath, the Star of India, St Michael and St George, and the Indian Empire; 2 (62) esquires ; 8 (63) gentlemen. 4 1 The sons of all persons, when any specified rank is assigned to them, are placed in the precedence of their fathers. Eldest sous of the younger sons of peers were ranked before the eldest sons of knights by order of the earl marshal, 18th March 1615, ami before the eldest sons of baronets by order of the earl marshal, 6th Airril 1677. But no precedence has been given to the younger sons of the younger sons of peers, although precedence is given to the younger as well as the eldest sons of baronets and knights by James I. s decree of 1616. Moreover, no precedence has been given to either the eldest or the younger sons of the eldest sons of peers. But in practice this omis sion is generally disregarded, and the children of the eldest sons of dukes, marquesses, and earls, at all events, are accorded the same rank and titles which they would have if their fathers were actual in stead of quasi peers of the degree next under that of their grandfathers. -Sir Charles Young says that "by decision (Chap. Coll. Arms of 1680) if the eldest son of an Earl died in his father s lifetime leaving a son and heir, such son and heir during the life of the Earl his grandfather is entitled to the same place and precedence as was due to his father : so had the father been summoned to Parliament as the eldest son of a peer the grandson would succeed to the dignity even during the grandfather s lifetime " (Order of Precedence, p. 27). And, of course, what applies to the grandson and heir of an earl applies equally to the grandsons and heirs of dukes and marquesses. But the grandsons and heirs of viscounts and barons are differently situated, and have neither honorary additions to their names nor any ascertained place and precedence even by the etiquette of society. 2 Companions are members of the third class of the first three orders and the only members of the fourth order, except the sovereign and the grand master. Sir Charles Young and Sir Bernard Burke concur in placing the companions of these orders before the eldest sons of the younger stfns of peers, on the ground that under their statutes they are entitled to precede "all Esquires of the Realm." But the sons of peers themselves the eldest as well as the younger are merely esquires, and are ranked before, and not among, other esquires because they have a particular precedence of their own assigned to them. Similarly the eldest sons of the younger sons of peers and the eldest sons of baronets and of knights who are also esquires, and likewise the younger sous of baronets and of knights who are not esquires, have a particular precedence of their own assigned to them. All of them are placed before esquires as a specific grade in the scale of general precedence, and it seems clear enough that it is before esquires considered as a specific grade that the companions of the orders ought to be placed and not before any other persons who, whether they are or are not esquires, have a definite and settled rank which is superior to that specific grade in the scale of general precedence. 3 It appears to be admitted on all hands that the following persons are esquires and ought to be so described in all legal documents and processes : first, the eldest sons of peers in the lifetime of their fathers, and the younger sons of peers both in and after the lifetime of their fathers ; secondly, the eldest sons of the younger sons of peers and their eldest sons in perpetual succession, and the eldest sons of baronets and knights ; thirdly, esquires created with or without the grant of armorial bearings by the sovereign ; fourthly, justices of the peace, barristers at law, and mayors of corporations ; and fifthly, those who are styled esquires in patents, commissions, or appointments to offices under the crown in the state, the household, the army or navy, and elsewhere. Sir Bernard Burke accords precedence to Serjeants at law and masters in lunacy, not only before esquires as such but also before the companions of the orders of knighthood. It is, however, enough to observe with regard to the first, since no more of them are to be created, that, in spite of the extravagant pretensions which have been frequently urged^by them and on their behalf, " they have not in the general scale," as Sir Charles Young says, "any precedence, and when under the degree of a Knight rank only as Esquires," and with regard to the second that the statute 8 and 9 Viet. c. 100, on which the Ister king of arms bases their claims, simply provides that they " shall take the same rank and precedence as the masters in ordinary have not a settled place in the order of general precedency emanating from any authority by statute or otherwise" (Order of Precedence, p. Sir William Blackstone says that before esquires "the Heralds k all Colonels, Serjeants at Law, and Doctors in the three learned rofessions" (Commentaries, i.e. 12). But the only foundation for this statement seems to be a passage in Guillirn, which is obviously without any authority.
- The heralds and lawyers are agreed that gentlemen are those who,
> inheritance or grant from the crown, are entitled to bear roat nour (see Coke, last, iv., c. 77; Blackstone, C omm., i. ch. 12; den , Title* of Honor, pt. ii. ch. 8; Guillim, Display of Heraldry, pt. 11. ch. 26). 2. General Precedence of Women. The queen; 5 (1) princess of "Wales; (2) daughters of the sovereign ; (3) wives of the sovereign s younger sons ; (4) granddaughters of the sovereign ; (5) wives of the sovereign s grandsons ; (6) sisters of the sovereign ; (7) wives of the sovereign s brothers ; (8) aunts of the sove reign ; (9) wives of the sovereign s uncles; (10) nieces of the sovereign; (11) wives of the sovereign s nephews; 6 (12) duchesses; 7 (13) marchionesses; (14) wives of the eldest sons of dukes; (15) dukes daughters; 8 (16) countesses; (17) wives of the eldest sons of marquesses; (18) marquesses daughters; (19) wives of the younger sons of dukes ; (20) viscountesses ; (21) wives of the eldest sons of earls; (22) earls daughters; (23) wives of the younger sons of marquesses ; (24) baronesses ; (25) wives of the eldest sons of viscounts ; (26) viscounts daughters ; (27) wives of the younger sons of earls ; (28) wives of the eldest sons of barons ; (29) barons daughters ; (30) maids of honour to the queen; 9 (31) wives of knights of the Garter; (32) wives of knights bannerets made by the sovereign in person ; (33) wives of the younger sons of viscounts ; (34) wives of the younger sons of barons ; (35) baronets wives ; (36) wives of knights bannerets not made by the sovereign in person ; (37) wives of knights grand crosses of the Bath, grand commanders of the Star of India, and grand crosses of St Michael and St George ; (38) wives of knights commanders of the Bath, the Star of India, and St Michael and St George ; (39) knights bachelors wives ; (40) wives of the eldest sons of the younger sons of peers ; (41) daughters of the younger sons of peers ; (42) wives of the eldest sons of baronets ; (43) baronets daughters ; (44) wives of the eldest sons of knights ; (45) knights daughters ; (46) wives of the younger sons of baronets ; (47) wives of the younger sons of knights ; 10 (48) wives of companions of the Bath, the Star of India, St Michael and St George, and the Indian Empire ; (49) wives of esquires ; n (50) gentlewomen. 12 5 The queen-consort is the second personage in the realm, and has precedence of the queen-dowager. But the husband of a reigning queen has no rank or place except such as is specially accorded to him by the sovereign. 6 There is no Act of parliament or ordinance of the crown regulating the precedence of the female members of the royal family. But the above is the gradation which appears to have become established among them, and follows the analogy supplied by the Act for the placing of the Lords in the case of their husbands and brothers. 7 Peeresses in their own right and peeresses by marriage are ranked together, the first in their own precedence and the second in the pre cedence of their husbands. 8 Among the daughters of peers there is no distinction between the eldest and the younger as there is among the sons of peers. Their precedence is immediately after the wives of their eldest brothers, and several degrees above the wives of their younger brothers. They are placed among themselves in the precedence of their fathers. But the daughter of the premier duke or baron ranks after the wife of the eldest son of the junior duke or baron. 9 Maids of honour to the queen are the only women who have any official precedence. They have the style or title of honourable, and are placed immediately after barons daughters by Sir Bernard Burke, the rank which is accorded to them by the etiquette of society. But Sir Charles Young does not assign any precedence to them, and we do not know on what authority the Ulster king of arms does so, although he is by no means singular in the course he has taken. The wives of baronets and knights, the wives of the eldest sons and the daughters of the younger sons of peers, and the wives of the sons and the daughters of baronets and knights are all placed sever ally in the precedence of their respective husbands, husbands fathers, and fathers. 11 "Esquire" and "gentleman" are not names of " dignity "but names of "worship," and esquires and gentlemen do not, in strictness, convey or transmit any precedence to their wives or children (see Coke, Inst. ii., "Of Additions," p. 667). 12 "And yenerosus and yenerosa are good additions : and if a gentle woman be named Spinster in any original writ, i.e. , appeal or indict ment, she may abate and quash the same, for she hath as good right to that addition as Baroness, Viscountess, Marchioness, or Duchess have
to theirs" (Coke, Itist. ii., "Of Additions," p. 668).