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A69363 The decree and establishment of the Kings Maiestie, vpon a controuersie of precedence, betweene the yonger sonnes of viscounts and barons, and the baronets and touching some other points also, concerning aswell bannerets, as the said baronets. England and Wales. Sovereign (1603-1625 : James I); James I, King of England, 1566-1625. 1612 (1612) STC 9234; ESTC S105542 4,353 18

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THE DECREE AND ESTABLISHMENT OF THE KINGS MAIESTIE Vpon a controuersie of Precedence betweene the yonger sonnes of Viscounts and Barons and the Baronets And touching some other points also concerning aswell Bannerets as the said Baronets ¶ Imprinted at London by Robert Barker Printer to the Kings most Excellent Maiestie 1612. HONI SOIT QVI MAL Y PENSE IAMES by the grace of GOD King of England Scotland France and Ireland Defender of the Faith c. To all to whome these presents shall come Greeting Know ye that We haue made a certaine Ordinance Establishment and finall Decree whereof the tenor followeth in these wordes The Decree and Establishment of the Kings Maiestie vpon a controuersie of Precedence betweene the yonger sonnes of Viscounts and Barons and the Baronets And touching some other points also concerning aswell Bannerets as the said Baronets THE Kings most Excellent Maiesty hauing vpon the Petition and submission of both parts taken into his Royal audience censure a certaine controuersie touching place and Precedence betweene the yonger sonnes of Viscounts and Barons and the Baronets being a degree by his Maiestie newly created which controuersie did arise vpon an inference onely out of some darke words contained in the Letters Patents of the said Baronets And hauing in person heard both parts and their learned Counsell three seuerall daies at large after information taken from the Heraults due consideration of such proofes as were produced on both sides hath declared and decreed as followeth HIS Maiestie well weighing that the Letters Patents of the Baronets haue no speciall clause or expresse words to giue vnto them the saide Precedence And beeing a witnesse vnto himselfe which is a testimony aboue all exception that his Princely meaning was onely to grace and aduance this new Dignitie of his Maiesties erection but not therewithal any wayes to wrong tacitely obscurely a third partie such as the yonger sonnes of Viscounts Barons are in that which is a flower of their fathers Nobilitie And hauing also had the attestation of the Lords of his Priuie Councell who did declare that the Precedence after debate and deliberation while the Patent of the Baronets was in consultation was with one consent resolued and ordered for the yonger sonnes of the Viscounts Barons And finding also that the clause whereby the Precedence is challenged by the Baronets as by a kinde of consequence in regard of place giuen vnto them aboue some Bannerets doeth not warrant their claime forasmuch as the Precedence betweene the Bannerets themselues and the yonger sonnes of Viscounts and Barons appeareth not to haue bene regular or certaine but full of confusion and variety and therefore not sufficient whereupon to ground such their pretence but being chiefly mooued by the clearenesse of his Maiesties Royall intent and meaning and the explanation thereof by his Councell which his Royall meaning doeth and euer must leade his Maiesties iudgement in the interpretation of his owne Actes hath finally sentenced adiudged and established that the yonger sonnes of Viscounts and Barons shall take place and Precedence before all Baronets AND further the better to settle and cleare also all question of Precedence that may concerne either Bannerets or the yonger sonnes of Viscounts and Barons or the said Baronets either as they haue relation amongst themselues or towards others respectiuely His Maiesty for himself his heires and successours doeth ordaine and establish that such Bannerets as shall be made by the Kings Maiestie his heires and successors vnder his or their Standard displayed in an Armie Royall in open warre and the King personally present for the terme of the liues of such Bannerets and no longer according to the most ancient and noble institution shall for euer hereafter in all places and vpon all occasions take place and Precedence aswel before all other Bannerets whatsoeuer no respect being had to the time and prioritie of their creation as likewise before the yonger sonnes of Viscounts and Barons and also before all Baronets And againe that the yonger sonnes of Viscounts and Barons and also all Baronets shall in all places and vpon all occasions take place and Precedence before all Bannerets whatsoeuer other then such as shall bee made by the King himselfe his heires and successours in person and in such speciall case manner and forme as aforesaid Neuerthelesse for a singular honour to the person of the most high and excellent Prince HENRY now Prince of Wales his Maiesties eldest sonne aswell the yonger sonnes of the Viscounts and Barons as the Baronets haue freely and voluntarily consented and agreed at the hearing of the said cause in the presence of his Maiestie and his Priuie Councell and all the hearers to giue place and Precedence to such Bannerets as shal be hereafter made by the said most noble HENRY now Prince of Wales vnder the Kings Standard displayed in an Armie Royall in open warre and the said Prince there personally present Sauing the right of the yonger sonnes of Viscounts and Barons of the said Baronets and of the heires males of the bodies of such Baronets for the time being in all other cases according to the effect and true intent and meaning of their Letters Patents and of these presents ANd his Maiestie doth likewise by these presents for himselfe his heires and successours ordeine that the Knights of the most noble order of the Garter the Priuie Councellours of his Maiestie his heires and successours the Master of the Court of Wardes and Liueries the Chancellour and vnder-Treasourer of the Exchequer Chancellour of the Duchie the chiefe Iustice of the Court commonly called the Kings Bench the Master of the Rolls the chiefe Iustice of the Court of Common Pleas the chiefe Baron of the Exchequer and all other the Iudges and Barons of the degree of the Coife of the saide Courts now and for the time being shall by reason of such their Honourable order and imployment of State and Iustice haue place and Precedencie in all places and vpon all occasions before the yonger sonnes of Viscounts and Barons and before al Baronets Any custome vse ordinance or other thing to the contrary notwithstanding But that no other person or persons whatsoeuer vnder the degree of Barons of Parliament shall take place before the said Baronets except onely the eldest sonnes of Viscounts and Barons and others of higher degree whereof no question euer was or can bee made And so his Maiesties meaning is and accordingly he doth by these presents for him his heires and successours ordeine and decree that the said Baronets and the heires males of their bodies shall in all places and vpon all occasions for euer haue hold and enioy their place and Precedencie next vnto and immediatly after the yonger sons of Viscounts and Barons and that no person or persons nor State or States of men shall haue or take place betweene them Any Constitution Order Degree Office Seruice Place Imployment Custome Vse or other thing
whatsoeuer now or hereafter to the contrary notwithstanding And that the wiues of the saide Baronets and of the heires males of their bodies shall likewise by vertue of the saide Dignitie of their said husbands in all places and vpon all occasions haue take and enioy their place and Precedencie during their liues next vnto and immediatly after that place that is due and belongeth vnto the wiues of the yonger sonnes of Viscounts and Barons and to the daughters of such Viscounts and Barons Any Constitution Vse Custome Ordinance or other thing whatsoeuer now or hereafter to the contrary in any wise notwithstanding ANd further his Maiestie doth by these presents for him his heires and successours of his certaine knowledge and meere motion promise and graunt to the said Baronets and euery of them already created and hereafter to be created and the heires males of their bodies That neither his Maiestie nor his heires or successours shall or will at any time hereafter erect ordaine constitute or create any other Degree Order Name Title Stile Dignitie or State nor will giue place Precedencie or preheminence to any person or persons whatsoeuer vnder or beneath the Degree dignitie or State of Lords of Parliament of this his Realme of England which shall or may be or be taken vsed or accompted to be higher before or equall to the Degree dignitie or place of the said Baronets or any of them AND therefore his Maiestie doeth for him his heires and successours ordeine graunt and appoint by these presents that all and euery the said Baronets and their saide heires males and the wiues sonnes sonnes wiues and daughters of the said Baronets and of their said heires males shall and may for euer hereafter freely and quietly haue hold and enioy their said Dignities Places Precedencie and Priuiledges before all other which are or shall be created of such Decrees States Dignities Orders Names Stiles or Titles or to whom such place Precedencie or Preheminence shall be so giuen as aforesaid their wiues and children respectiuely according to the true intent and meaning of these presents Sauing neuerthelesse to his Maiestie his heires and successors full and absolute power and authoritie to continue or restore to any person or persons from time to time such place and precedencie as at any time hereafter shal be due vnto them which by any accident or occasion whatsoeuer shall be hereafter changed any thing in these presents or other cause or respect whatsoeuer to the contrarie notwithstanding And now though this Precedent declaration doth clearely ridde all questions arising vpon the Letters Patents yet his Maiestie hauing vpon the occasion of this controuersie and hearing and of some of the Baronets grieuances propounded out of their owne mouthes considered more maturely vpon the points and latitude of their said Patents his Maiestie beeing resolued as out of his owne royall mouth it pleased him to declare vnto them to ampliate his fauour especially where it meetes with these so wel borne and wel deseruing Gentlemen this dignitie beeing of his Maiesties owne erection and the worke of his owne handes his Maiestie is therefore graciously pleased not contented with those markes of his fauour which alreadie they enioy by the wordes of their Patent which layeth such a marke of dignitie and precedence vpon them and their posterity further to strengthen and adorne his Maiesties gracious fauour towards them with addition of the priuiledges preheminencies and ornaments ensuing FIrst his Maiestie is pleased to knight the present Baronets that are no Knights And doeth also by these presents of his meere motion and fauour promise and graunt for him his heires and successours that such Baronets and the heires males of their bodies as herafter shal be no Knights when they shall attaine or be of the age of one and twentie yeares vpon knowledge thereof giuen to the Lord Chamberlaine of the houshold or Vice-chamberlaine for the time beeing or in their absence to any other Officer attending vpon his Maiesties person shall be knighted by his Maiestie his heires and successours His Maiestie doth also graunt for him his heires and successours that the Baronets and their descendants shall and may beare either in a Canton in their coate of Armes or in an Inscutchion at their election the Armes of Vlster that is in a field Argent a hand Geules or a bloudie hand And also that the Baronets for the time beeing and the heires males of their bodies shall haue place in the armies of the Kings Maiesty his heires and successours in the grosse neere about the royall Standard of the King his heires and successours for the defence of the same And lastly that the Baronets and the heires males of their bodies shall haue two assistants of the bodie to support the Pall a principall mourner and foure assistants to him at their funerals being the meane betwixt a Baron and a Knight And to the end that euery of the Baronets and the heires males of their bodies may haue vpon all occasions present vse and proofe of these his Maiesties fauours His Maiestie is graciously pleased that aswell the Baronets alreadie created as hereafter to be created shal and may haue and take Letters Patents vnder the great Seale of England to the effect of the said former Letters Patents of creation and of these presents either ioynt or seuerall as they shall be aduised by the learned Councell of his Maiestie his heires and successours and according to his Highnesse true intent and meaning In witnesse whereof We haue caused these Our Letters to be made Patents Witnesse Our selfe at Westminster the eight and twentieth day of May in the tenth yeere of Our Raigne of England France and Ireland and of Scotland the fiue and fortieth