PRECEDENCE, or PRECEDENCY, a place of honour to which a person is en titled : this is either of courtesy or of right. The former is that which is due to age, estate, &c. which is regulated by custom and civility : the latter is settled by authority, and when broken in upon, gives an action at law.
The order of precedency, which is ob served in general, is this : that persons of every degree of honour or dignity take place according to the seniority of their creation, and not of years, unless they are descended from the blood-royal ; in which case, they have place of all others of the same degree.
The younger sons of the preceding rank take place from the eldest son of the next mediate, -viz. the younger. sons of Dukes from the eldest sons of Earls ; the younger sons of Earls from the eldest sons of Barons. All the chain of prece dency is founded upon this gradation, and thus settled by act of parliament, 31 Henry VIII. c. 10, anno 1539.
But there have been since some altera tions made in this act, by several decrees and establishments in the succeeding reigns, whereby all the sons of Viscounts and Barons are allowed to precede Baro nets. And the eldest sons and daughters of Baronets have place given them be fore the eldest sons and daughters of any Knights, of what degree or order soever, though superior to that of a Baronet ; these being but temporary dignities, whereas that of Baronets is hereditary and the younger sons of Baronets are to have place next after the eldest of Knights.
There are some great officers of state, who take place, although they are not noblemen, above the nobility of higher degrees ; so there are some persons, who, for their dignities in the church, degrees in the universities, and inns of court, officers in the state, or army, al though they are neither knights, nor gen tlemen born, yet take place amongst them. Thus, all colonels and field-offi cers who are honourable, as also the mas ter of the ordnance, quarter-master gene ral, doctors of divinity, law, physic, and music ; deans, chancellors, prebendaries, heads of colleges in universities, and ser jeants at law, are, by courtesy, allow ed place before ordinary Esquires. And
all bachelors of divinity, law, physic, and music ; masters of arts, barristers in the inns of courts; lieutenant-colonels, ma jors, captains, and other commissioned military officers ; and divers patent offi cers in the King's household may equal, if not precede, any gentleman that has none of these qualifications.
In towns corporate, the inhabitants of cities are preferred to those of boroughs ; and those who have borne magistracy to all others. And herein a younger alder. man takes not precedency from his senior being knighted, or as being the elder Knight, as was the case of Alderman Craven, who, though no Knight, had place, as senior alderman, before all the rest who were Knights, at the coronation of King James. This is to be understood as to public meetings relating to the town ; for it is doubted whether it will hold good in any neutral place. It has been also determined in the Earl Mar shal's court of honour, that all who have been Lord Mayors of London, shall every where take place of all Knights-bache lors, because they have been the King's lieutenants.
It is also quoted by Sir George Mac kenzie, in his Observations on Prece dency, that in the case of Sir John Crook, serjeant at law, it was adjudged by the judges in court, that such sergeants as were his seniors, though not knighted, should have preference notwithstanding his knighthood. The precedency among men is as follows The King ) Prince of \Vales I King's sons King's brothers King's uncles King's grandsons King's brothers by statute 34 or Henry Viii.
sisters grandsonsi When there Vicegerent is any such officer i Archbishop of Canterbury, Lord Primate of all Eng land Lord High Chancellor, or Lord Keeper, by statute 5 Elizabeth.
Archbishop of York, Primate of Eng land, by statute 31 Henry VIII.