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 [Page 3]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 [Page 4]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 [Page 5]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 [Page 6]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 shalbe 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 [Page 7]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 [Page 8]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 [Page 9]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 [Page 10]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 shalbe due vnto them, which by any accident or occasion whatsoeuer shall [Page 11]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 [Page 12]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 shalbe 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 [Page 13] 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 [Page 14]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.