justice of England; (47) master of the rolls; (48) lords justices of appeal;1(49) judges of the High Court of Justice;2 (50) knights bannerets made by the sovereign in person; (51) viscounts younger sons; (52) barons' younger sons; (53) sons of lords of appeal;3 (54) baronets# (55) knights bannerets not made by the sovereign in person; (56) knights of the first class of the Bath, the Star of India, St Michael and St George# (57) the Indian Empire, the Royal Victorian Order; (58) knights of the second class of the Bath, the Star of India, and St Michael and St George;'* other orders K.C.I.E.', &c.; (59) knights bachelors; (60) sons of commanders of the Royal Victorian Order; (61) judges of county courts;8 (62) eldest sons of the younger sons of peers; (65) baronets' eldest sons; (64) knights' eldest sons; (65) baronets' younger sons; (66) knights' younger sons;9 of England, the master of the rolls, and the lords justices of appael are always members of the privy council, and have rank and p ace as privy councillors, if they are not also peers. 1 The lords justices of appeal have precedence among themselves according to seniority of appointment. Until recently they were preceded by the lord chief justice of the common pleas and the lord chief baron of the exchequer (divisions of the High Court of Justice). But under existing arrangements these offices have fallen into abeyance, although they have not been formally abolished. The vice chancellors used to follow the lords justices of appeal; but, in spite of the fact that there is still one vice-chancellor remaining, the office of vice-chancellor is extinct and will altogether disappear on his decease. In Ireland all these offices are in existence, but they have no precedence allotted to them in England; as the judges holding them are invariably privy councillors, however, they are ranked accordingly. And it is the same with regard to the lord justice general and the lord justice-clerk in Scotland.
2 The judges of all the divisions of the High Court of justice are ranked together according to seniority of appointment. Neither the senators of the College of justice in Scotland nor the judges of the various divisions of the High Court in Ireland have any precedence in England. The precedence of the Scottish judges among themselves is settled by a royal warrant of Nisbet in his System of Heraldry. The precedence of the Irish judges among themselves is the same as the precedence of the English judges among themselves used to be before the offices of chief justice of the common pleas and chief baron of the exchequer were suspended.
3 By warrants of the 30th of March 1898, although lords of appeal rank with hereditary barons in order of creation, their sons stand in a class by themselves.
4 It is a question whether baronets ought or ought not to have precedence, like peers, according as they are of England, Scotland, Great Britain, Ireland or the United Kingdom. Baronets are not referred to in either the Scottish or the Irish Act of Union; and Sir Bernard Burke contends that, since the Acts of Union are silent with regard to them, they are still entitled to whatever precedence was originally conferred on them. He therefore places the whole body of the baronets together in the order merely of the dates of their several creations, and in this he appears to us to have both law and reason on his side.
5 These knights consist of rand crosses of the first, grand commanders of the second, and grand crosses of the third order, and have precedence in their respective orders according to seniority of creation. By the statutes of the order of the Bath, as revised in 1847, it is ordained that the knights grand crosses are to be placed “ next to and immediately after baronets, ” thus superseding knights bannerets not created b the sovereign in person. Knights commanders of all] three orders are placed in each order according to seniority of creation.
" Knights bachelors are ranked together according to seniority of creation, whether they are made by the sovereign or the lord lieutenant of Ireland.
S Royal x. Warrant of 1884.
9The sons of all persons, when any specified rank is assigned to them, are placed in the precedence of their fathers. Eldest sons of the younger sons of peers were ranked before the eldest sons of knights by order of the earl marshal, the 18th of March 1615, and before the eldest sons of baronets by order of the earl marshal, the 6th of April 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 ofpthe eldest sons of peers. But in practice this omission 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 instead 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 (67) companions of the Bath, the Star of India, St Michael and St George and the Indian Empire;1° (68) members of the 4th class of the Royal Victorian Order; (69) companions of the Distinguished Service Order; (70) members of the 5th class of the Royal Victorian Order; (71) esquires;“ (72) gentlemen.” 2.—General Precedence of Women
The Queen;13 (1) queen dowager; (2) princess of Wales; (3) daughters of the sovereign; (4) wives of the sovereign's younger sons; (5) granddaughters of the sovereign; (6) wives of the sovereign's grandsons; (7) sisters of the sovereign; (8) wives of the sovereign's brothers; (9) aunts of the sovereign; (Io) wives of the sovereign's uncles; (11) nieces of the sovereign; 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. 1°, 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 sons 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 sons 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. 11 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 1n 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 sergeants-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 sa s, “any precedence, and when under the degree of a Knight rank only as Esquires "; and with regard to the second, that the statute 8 & 9 Vict. c. 100, on which the Ulster king of arms bases their claims, simply provides that they “ shall take the same rank and precedence as the masters in ordinary of the High Court of Chancery, " who are now extinct, “ apparently, ” to recur to Sir Charles Young, “ assuming the rank of the masters' without defining it.” “The masters, however, ” he adds, “ as such have not a settled place in the order of general precedence emanating from any authority by statute or otherwise ” (Order of Precedence, p. 71). Sir William Blackstone says that before esquires “ the Heralds rank all Colonels, Serjeants-at-Law and Doctors in the three learned professions " (Commentaries, vol. i. ch. 12). But the only foundation for this statement seems to be a passage in Guillim, which is obviously without any authority. 12 The heralds and lawyers are agreed that gentlemen are those who, by inheritance or grant from the Crown, are entitled to bear coat armour (see Coke, Inst. iv. ch. 77; Blackstone, Comm. i. ch. 12; Selden, hTitlis of Honor, pt. ii. ch. 8; Guillim, Displayof Heraldry, pt. ii. c . 26 .
N 'I' he 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.
