[As Mr. Greville’s pamphlet on the Precedency Question is now rarely to be met with, it may be convenient to reprint it in this place. It is a tract of considerable originality and research, and it was carefully revised and approved by Lord Wensleydale and some of the most eminent lawyers of the time when it was written. This essay has therefore a substantial legal and historical value. Moreover, its application is not exclusively retrospective or confined to the peculiar case of the precedency of the late Prince Consort at the time of his marriage, which gave rise to warm debates, for it deals with the precedency of the members of the Royal Family, not being sons or daughters of a sovereign, or standing in close propinquity to the throne. In the course of years these personages have become numerous, and for the first time in our history (at least, since the reign of James I.), between twenty and thirty grandchildren and great-grandchildren of the reigning sovereign are in existence, whose claims to precedency will have to be considered. By the 31st Henry VIII., which assigns places in Parliament and Council to the sons, brothers, uncles, and nephews of the king, after these degrees are past, peers or others of the blood royal are entitled to no place or precedence, except what belongs to them by their personal rank or dignity. The mere fact of their descent, in a more remote degree, from the sovereign, gives them in law no precedency at all, although it may be conceded to them by custom, and the respect willingly paid to members of the Royal Family. Nor are they entitled to bear the title of ‘Royal Highness’ unless it be conferred upon them by the Crown. Thus, if I am not mistaken, the late Duke of Gloucester, who was a nephew of George III., was not a ‘Royal Highness’ until he married the Princess Mary, the king’s daughter, when that distinction was conferred upon him. In two or three generations from the present time it is not improbable that the descendants of Queen Victoria and Prince Albert will exceed a hundred persons, and, although they will doubtless all look back with pride to their illustrious ancestry, they will have no rank or precedency, in the strict sense of the term, except such as may be conferred upon them personally by the Crown. For these reasons, it appears to me that Mr. Greville’s remarks on the subject may have some future interest.—H.R.]
In the House of Lords on Tuesday, 4th February, when Prince Albert’s Naturalisation Bill was under discussion, Lord Brougham said:—
‘That these questions of precedence were of a very difficult and doubtful nature. It was therefore a great convenience to submit them to the House, because it enabled Parliament to make that quite certain, which, if dealt with under the common law of the country, might be open to objection.’
The interest which has been excited by this question, and the doubts which prevail, even among the learned in the law, as to the actual extent of the Royal prerogative in the matter of granting precedence, are sufficient to provoke an enquiry into the opinions of writers upon constitutional law, an examination of the ancient practice, and of some of the cases which seem to bear immediately upon the point, in order, if possible, to arrive at something like a reasonable conclusion as to the power actually possessed by the crown, and the manner in which, and extent to which, it might be just and expedient to exercise it upon the present occasion.
The first question which presents itself is, What have been the ancient prerogatives of the Crown in granting dignities or pre-eminencies of any description; and, secondly, In what respect, if at all, these prerogatives have been limited or restrained by any Parliamentary enactment. By the laws of England, the Sovereign is considered the fountain of honour and of privilege, and the constitution has entrusted to him the sole power of conferring dignities and honours, in confidence that he will bestow them on none but such as deserve them.[1]
[1] Blackstone, vol. i. p. 271.
The King may create new titles, and has the prerogative of conferring privileges upon private persons,[2] such as granting place or precedence to any of his subjects. He may make an Arch-duke, who would not, however, take place of any duke his ancient.[3]
[2] Ibid. i. 272, 4th Inst. 361.
[3] 4th Inst 363.