CHAPTER V

THE PRIVILEGES OF THE DEGREE

THE Covenanted privileges conferred on the Baronetage

are :

Under the first Letters Patent :

I. The dignity, state, and degree of Baronet.

II. Precedency for themselves, their wives, children, and others.

III. Style and title.

IV. Only two hundred Baronets of England to exist at one time.

V. No degree, order, name, title, dignity, or state under the degree, dignity, or state of Barons of England to be ever created which would or could be superior or equal to the degree and dignity of Baronet.

VI. If any Baronet of the said two hundred should die without heirs male, no other Baronets of England

to be created, but the number of two hundred to diminish accordingly.

Under the second Letters Patent the privileges are:VII. A newly defined precedency.

188

VIII. A repetition of privilege No. V., with the addition that no person or persons beneath the degree of Lords of Parliament of England, except the persons enumerated, should ever have place, precedence, or pre-eminence over, or equality with, Baronets; and that no person or persons should have or take place between Baronets and the younger sons of Viscounts and Barons [hereditary, of course].

And, as an ampliation of the King's favour

IX. Rights of knighthood for Baronets and their eldest

sons.

X. Addition of the Arms of Ulster in armorial bearings. XI. A place near the Royal Standard in battle.

XII. A funeral ceremony 'meane betwixt that of a Baron and a Knight.'

XIII. The right for all Baronets, then and in future, to have Letters Patent under the Great Seal of England to the effect of the former and present Letters Patent of creation.

The Third Letters Patent, ratifying and confirming, with more particularity, the above privileges, adds :XIV. The Degree of Baronet to be, and be reputed to be, a Degree of Dignity Hereditary, mean in place betwixt the Degree of a Baron and the Degree of a Knight.

XV. Eldest sons of Baronets to precede eldest sons of all Knights, whatever their Order; with similar provisions respecting other sons, etc.

XVI. Doubts or questions arising in future concerning precedency, privilege, or other matter touching Baronets to be decided according to the rules, custom, and laws of other Degrees of Dignity Hereditary.

The Baronets of Ireland enjoy all the rights and privileges confirmed in the Letters Patent last recited; and the same were continued to Baronets of Great Britain and to Baronets of the United Kingdom.

The Baronets of Scotland enjoy the same privileges, except the Ulster augmentation; and the following were conferred upon them in addition, all being confirmed by the Scottish Parliament:

XVII. Grants of land in Nova Scotia, with plenary baronial rights and jurisdiction, and legislative powers, in that plantation.

XVIII. Precedency above lesser Barons in Scotland.

XIX. Addition of the Arms of Nova Scotia in armorial

bearings.

XX. Power to Members thereof to sit and vote by deputy in the Scottish Parliament when absent from the Kingdom.

And, by virtue of King CHARLES's further Ordinance, dated 17th November 1629

XXI. Right to wear about the neck the badge of Nova Scotia, suspended by an orange-tawny ribbon.

Having enumerated the privileges in chronological order, they can now be referred to at greater length.

I. The dignity, state, and degree of Baronet.-The preceding chapters have dealt very fully with this subject; but the following memorandum, preserved in the Public Record Office, is interesting (State Papers, Domestic Series, James I., vol. lxxxix. No. 6) :—

'BARONET. AR. A HAND g.

'Baronet is a new created & distinct title of Knighthood under K. James, who for certaine disbursments towards the Plantacion in Ulster in Ireland, created divers into this dignity & made it hereditary. The particulars of the Patent shall instruct you. Ordinamus (saith the King) ereximus Constituimus et creavimus quendam statum gradum dignitatem nomen et Titulum Baronetti (Anglice of a Baronet) infra hoc regnum Anglie perpetuis temporibus duraturum, & then gives the title to the Created, to him and his heires male of his body.

And that he shall have precedency in all writing sessions and salutacions before all Knts as well of the Bath as Knts Bachelors, and also before all Bannerets created or hereafter to be created excepted only illis Militibus Banerettis quos sub vexillis regiis in exercitu Regali, in aperto bello, et ipso Rege personaliter presente explicatis, et non aliter creari contigeret. And that their wivis and eldest sones respectively have precedence.

"That they should be impleaded and sue by the adicion of Baronet. 'That to the name of them and the heirs males of ther bodies in sermone Anglicano et omnibus scriptis Anglicanis preponatur hac adicio viz. Anglice Sir and that their wives have the titles of Lady Madam & Dame: with a grant quod nec nos nec heredes vel successores nostri de cætero in posterum erigemus, ordinabimus constituemus aut creabimus infra hoc Regnum nostrum Angliæ, aliquem alium gradum ordinem nomen titulum dignitatem sive statum sub vel infra gradum dignitatem sive statum Baronum hujus Regni nostri Angliæ, qui erit vel esse possit superior vel æqualis gradui vel dignitati Baronettorum predictorum; and further that after the proposed number of 2 hundred made, quod tunc nos non creabimus vel preficiemus aliquas aliam personum vel personas in

Baronettum vel Baronettes regni nostri Anglie, sed quod numerus dictorum 200 Baronettorum ea racione de tempore in tempus minuetur et in minorem numerum cedet et redigetur.

'Upon point of precedency a great controversy grew afterwards between these new Baronets and the yonger sonnes of Viscounts and Barons, and after the Councell on both parts 3 severall dayes at larg heard, by his Matie in person it was decreed adjudged and established that the yonger sons of Viscounts & Barons shall take place and precedency before all Baronets. And that such Banerets as shal be made by the K. Matie his heirs and successors under his or their Standard, displayed in an Army Royall in open warre, and the K. personally present for the terme of the lives of such Banerets and no longer (according to the most auntient institucion) shall for ever hereafter in all places and upon all occasions take place & precedence as well before all other Banerets whatsoever (no respect being had to the tyme and priority of their Creacion) as likewyse before the yonger Sonnes of Viscounts and Barons and also before all Baronets. And againe that the yonger sonnes of Viscounts and Barons and allso all Baronettes shall in all places and upon all occasions take place and precedence before all Banerettes whatsoever other then such as shal be made by the K. himself his heires and successors in person and in such speciall case manner and forme as aforesaid. And that the Knts of the most hoble order of the Garter, the privy Councellors of his Matie his heires and Successors, the Master of the Court of Wards and Liveries: the Chancellor and Under Treasurer of the Exchequer, Chancellor of the Duchy, the Chief Justice of the Kings Bench, Mr of the Rolls, Chief Justice of the Common Pleas, the Chief Baron of the Exchequer, and all other the Judges and Barons of the degree of the Coife of the said Court now and for the tyme being shall by reason of their hoble order and imployment of State and Justice have place and precedence in all places and upon all occasions before the yonger Sonnes of Viscounts and Barons, and before all Baronettes, any custome use ordinance or other thing to the contrary notwithstanding.

'And that no other person or persons whatsoever under the degree of Barons of the Parliament shall take place before the said