THE DECREE AND ESTABLISHMENT OF THE KING'S MAJESTY, Upon a controversy of Precedence, between the younger sons of Viscounts and Barons, and the Baronet's; And touching some other points also, concerning aswell Bannerets, as the said Baronet's. ΒΆ Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majesty. 1612. HONI SOIT QVI MAL Y PENSE royal blazon, surmounted by a crown and decorated with Tudor rose and Scottish thistle JAMES, by the grace of GOD, King of England, Scotland, France and Ireland, Defender of the Faith, etc. To all to whom these presents shall come, Greeting. Know ye that We have made a certain Ordinance, Establishment, and final Decree, whereof the tenor followeth in these words: The Decree and Establishment of the King's Majesty, upon a controversy of Precedence, between the younger sons of Viscounts and Barons, and the Baronet's; And touching some other points also concerning, aswell Bannerets, as the said Baronet's. THE Kings most Excellent Majesty, having upon the Petition, and submission of both parts, taken into his Royal audience & censure, a certain controversy, touching place and Precedence, between the younger sons of Viscounts, and Barons, and the Baronet's, (being a degree by his Majesty newly created) which controversy did arise upon an inference only out of some dark words contained in the Letters Patents of the said Baronet's: And having in person heard both parts, and their learned Counsel, three several days at large after information taken from the Heralds, & due consideration of such proofs as were produced on both sides, hath declared and decreed as followeth. HIS Majesty well weighing that the Letters Patents of the Baronet's have no special clause or express words to give unto them the said Precedence; And being a witness unto himself (which is a testimony above all exception) that his Princely meaning was only to grace, and advance this new Dignity of his majesties erection; but not therewithal any ways to wrong tacitly, & obscurely a third party, such as the younger sons of Viscounts & Barons are, in that which is a flower of their father's Nobility: And having also had the attestation of the Lords of his Privy Council, who did declare that the Precedence (after debate and deliberation, while the Patent of the Baronet's was in consultation) was with one consent resolved and ordered for the younger sons of the Viscounts, & Barons: And finding also that the clause whereby the Precedence is challenged by the Baronet's, as by a kind of consequence in regard of place given unto them above some Bannerets, doth not warrant their claim (forasmuch as the Precedence between the Bannerets themselves, and the younger sons of Viscounts and Barons, appeareth not to have been regular or certain, but full of confusion and variety, and therefore not sufficient whereupon to ground such their pretence) but being chief moved by the clearness of his majesties Royal intent, and meaning, and the explanation thereof by his Council, (which his Royal meaning doth, and ever must lead his majesties judgement in the interpretation of his own Acts,) hath finally sentenced, adjudged, and established, that the younger sons of Viscounts, and Barons, shall take place and Precedence before all Baronet's. AND further, the better to settle, and clear also all question of Precedence that may concern either Bannerets, or the younger sons of Viscounts and Barons, or the said Baronet's, either as they have relation amongst themselves, or towards others respectively: His Majesty for himself, his heirs and successors, doth ordain and establish, that such Bannerets, as shall be made by the King's Majesty, his heirs and successors under his or their Standard, displayed in an Army Royal in open war, and the King personally present, for the term of the lives of such Bannerets, and no longer, (according to the most ancient, and noble institution) shall for ever hereafter in all places, and upon all occasions, take place, and Precedence, aswell before all other Bannerets whatsoever, (no respect being had to the time, and priority of their creation) as likewise before the younger sons of Viscounts and Barons, and also before all Baronet's. And again, that the younger sons of Viscounts and Barons, and also all Baronet's, shall in all places, and upon all occasions, take place and Precedence before all Bannerets whatsoever, other than such as shall be made by the King himself, his heirs and successors in person, and in such special case, manner and form as aforesaid. Nevertheless, for a singular honour to the person of the most high and excellent Prince HENRY now Prince of Wales, his majesties eldest son; aswell the younger sons of the Viscounts, and Barons, as the Baronet's, have freely and voluntarily consented and agreed at the hearing of the said cause, in the presence of his Majesty, and his Privy Council, and all the hearers, to give place and Precedence, to such Bannerets, as shallbe hereafter made by the said most noble HENRY, now Prince of Wales, under the King's Standard displayed in an Army Royal in open war, and the said Prince there personally present: Saving the right of the younger sons of Viscounts and Barons, & of the said Baronet's, and of the heirs males of the bodies of such Baronet's, 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 Majesty doth likewise by these presents, for himself, his heirs and successors ordain, that the Knights of the most noble order of the Garter, the Privy councillors of his Majesty, his heirs and successors, the Master of the Court of Wards and Liveries, the Chancellor and under-treasourer of the Exchequer, Chancellor of the Duchy, the chief justice of the Court commonly called the King's Bench, the Master of the Rolls, the chief justice of the Court of Common Pleas, the chief Baron of the Exchequer, and all other the judges and Barons of the degree of the Coif of the said Courts, now, and for the time being, shall by reason of such their Honourable order, and employment of State and justice, have place and Precedency in all places, and upon all occasions before the younger sons of Viscounts and Barons, and before all Baronet's, Any custom, use, ordinance, or other thing to the contrary notwithstanding. But that no other person or persons whatsoever, under the degree of Barons of Parliament, shall take place before the said Baronet's, except only the eldest sons of Viscounts and Barons, and others of higher degree, whereof no question ever was, or can be made. And so his majesties meaning is, and accordingly he doth by these presents, for him, his heirs and successors, ordain and decree, that the said Baronet's, and the heirs males of their bodies, shall in all places, and upon all occasions for ever, have, hold, and enjoy their place and Precedency, next unto, and immediately after the younger sons of Viscounts and Barons; and that no person or persons, nor State or States of men, shall have or take place between them, Any Constitution, Order, Degree, Office, Service, Place, Employment, Custom, Use, or other thing whatsoever now or hereafter to the contrary notwithstanding. And that the wives of the said Baronet's, and of the heirs males of their bodies, shall likewise by virtue of the said Dignity of their said husbands, in all places, and upon all occasions, have, take and enjoy their place and Precedency during their lives, next unto, and immediately after that place that is due, and belongeth unto the wives of the younger sons of Viscounts and Barons, and to the daughters of such Viscounts and Barons, Any Constitution, Use, Custom, Ordinance, or other thing whatsoever, now or hereafter to the contrary in any wise notwithstanding. ANd further, his Majesty doth by these presents, for him, his heirs and successors, of his certain knowledge and mere motion, promise and grant to the said Baronet's, and every of them already created, and hereafter to be created, and the heirs males of their bodies, That neither his Majesty, nor his heirs or successors, shall or will at any time hereafter erect, ordain, constitute or create any other Degree, Order, Name, Title, Style, Dignity or State, nor will give place, Precedency or pre-eminence to any person or persons whatsoever, under or beneath the Degree, dignity or State of Lords of Parliament of this his Realm of England, which shall or may be, or be taken, used or accounted to be higher, before, or equal to the Degree, dignity or place of the said Baronet's, or any of them. AND therefore his Majesty doth for him, his heirs and successors ordain, grant, and appoint by these presents, that all and every the said Baronet's, and their said heirs males, and the wives sons, sons wives, and daughters of the said Baronet's, and of their said heirs males, shall, and may for ever hereafter, freely and quietly have, hold, and enjoy their said Dignities, Places, Precedency, and Privileges before all other which are or shall be created of such Decrees, States, Dignities, Orders, Names, Styles, or Titles, or to whom such place, Precedency, or Pre-eminence shall be so given as aforesaid; their wives and children respectively, according to the true intent and meaning of these presents: Saving nevertheless to his Majesty, his heirs and successors, full and absolute power and authority to continue or restore to any person or persons from time to time such place and precedency, as at any time hereafter shallbe due unto them, which by any accident or occasion whatsoever shall be hereafter changed, any thing in these presents, or other cause or respect whatsoever to the contrary notwithstanding. And now though this Precedent declaration doth clearly rid all questions arising upon the Letters Patents, yet his Majesty having upon the occasion of this controversy and hearing, and of some of the Baronet's grievances, propounded out of their own mouths, considered more maturely upon the points and latitude of their said Patents, his Majesty being resolved (as out of his own royal mouth it pleased him to declare unto them) to ampliate his favour, especially where it meets with these so well borne and well deserving Gentlemen, (this dignity being of his majesties own erection, and the work of his own hands) his Majesty is therefore graciously pleased (not contented with those marks of his favour, which already they enjoy by the words of their Patent, which layeth such a mark of dignity and precedence upon them and their posterity) further to strengthen and adorn his majesties gracious favour towards them, with addition of the privileges, pre-eminencies, and ornaments ensuing. FIrst, his Majesty is pleased to knight the present Baronet's, that are no Knights: And doth also by these presents of his mere motion and favour, promise and grant for him, his heirs and successors, that such Baronet's, and the heirs males of their bodies, as hereafter shallbe no Knights, when they shall attain, or be of the age of one and twenty years, upon knowledge thereof given to the Lord Chamberlain of the household, or Vice-chamberlaine for the time being, or in their absence to any other Officer attending upon his majesties person, shall be knighted by his Majesty, his heirs and successors. His Majesty doth also grant for him, his heirs and successors, that the Baronet's, and their descendants shall and may bear, either in a Canton in their coat of Arms, or in an Inscutchion, at their election, the Arms of Ulster, that is, in a field Argent, a hand Geules, or a bloody hand. And also, that the Baronet's, for the time being, and the heirs males of their bodies shall have place in the armies of the King's Majesty his heirs and successors, in the gross, near about the royal Standard of the King, his heirs and successors, for the defence of the same. And lastly, that the Baronet's, and the heirs males of their bodies shall have two assistants of the body to support the Pall, a principal mourner, and four assistants to him at their funerals, being the mean betwixt a Baron and a Knight. And to the end that every of the Baronet's, and the heirs males of their bodies, may have upon all occasions present, use, and proof of these his majesties favours; His Majesty is graciously pleased, that aswell the Baronet's already created, as hereafter to be created, shall and may have, and take Letters Patents under the great Seal of England, to the effect of the said former Letters Patents of creation, and of these presents, either joint or several, as they shall be advised by the learned Council of his Majesty, his heirs and successors, and according to his highness true intent and meaning. In witness whereof, We have caused these Our Letters to be made Patents. Witness Ourself at Westminster, the eight and twentieth day of May, in the tenth year of Our Reign of England, France, and Ireland, and of Scotland the five and fortieth. printer's device of Robert Barker (1589-1645) a two-tailed mermaid blowing two horns with a fringe of tassels below