By the statute of 2 Hen. IV. cap. 27, amongst other things it is enacted, "That no yeoman should take or wear any livery of any lord upon pain of imprisonment, and to make fine at the king's will and pleasure."

As the nobility, gentry, and clergy, have certain privileges peculiar to themselves, so have the commonalty of England beyond the subjects of other monarchs.

No freeman of England can be imprisoned, ousted of his possession, or disseised of his freehold, without order of law, and just cause shown.

To him that is imprisoned may not be denied a habeas corpus, if it be desired; and if no just cause be alleged, and the same be not returned upon a habeas corpus, the prisoner is to be set at liberty. By Magna Charta, 9 Hen. III., no soldier can be quartered in any house except inns, and other public victualling-houses, in time of peace, without the owner's consent. By the petition of rights, 3 Car. I., no taxes, loans, or benevolences, can be imposed but by act of parliament.

The yeomanry are not to be pressed to serve as soldiers in the wars, unless bound by tenure, which is now abolished; nor are the train-bands compellable to march out of the kingdom, or be transported beyond sea nor is any one compelled to bear his own arms, if he find a sufficient man as his substitute, qualified according to the act before-mentioned; and no freeman is to be tried but by his equals, nor condemned but by the laws of the land.

The yeomen of England were famous in our forefathers' days for archery and manhood: our infantry, which so often conquered the French, and repulsed the Scots, were composed of them, as are our militia at present.

Precedency.

PERSONS of every degree of honour or dignity take place according to the seniority of their creation, and not of years, unless descended of the blood royal, in which case they have place of all of the same degree not of the blood royal.

The younger sons of the preceding rank take place of the eldest sons of the next degree, viz. the younger sons of dukes of the eldest sons of earls; sons of earls of the eldest sons of barons, &c.

the younger

There have been some alterations made as to precedency, whereby all the sons of viscounts and barons are allowed to precede baronets. And the eldest sons and daughters of baronets have place given them before the eldest sons and daughters of any knights, of what degree or order soever, though superior to that of a baronet (these being but temporary dignities, whereas that of baronet is hereditary); and the younger sons of baronets are to have place next after the eldest sons of knights.

As, also, there are some great officers of state who take place (although they are not noblemen) above the nobility of higher degree; so there are some persons who, for their dignities in the church, degrees in the universities and inns of court, offices in the state or army (although they are neither knights nor gentlemen born), yet they take place amongst them. Thus all colonels and field officers (who are honourable), as also master of the artillery, and quarter-master-general; doctors of divinity, law, physic, and music; deans

chancellors, prebendaries, heads of colleges in the universities, and serjeants-at-laware, by courtesy, allowed place before ordinary esquires. And all bachelors of divinity, law, physic and music; masters of arts, barristers in the inns of courts; lieutenant-colonels, majors, captains, and other commissioned military officers; and divers patent officers in the king's household-may equal, if not precede, gentlemen who have none of these qualifications.

In towns corporate, the inhabitants of cities (and herein those of the capital or metropolitan city are the first ranked) are preferred to those of boroughs, and those who have borne magistracy to all others. And here a younger alderman or bailey takes not precedency from his senior by being knighted, or as being the elder knight, as was the case of Alderman Craven, who (though no knight) had place, as senior alderman, before all the rest who were knights, at the coronation of King James. This is to be understood as to public meetings relative to the town; for it is doubted whether it will hold good in any neutral place. It has also been determined in the Heralds' Office, that all who have been lords mayor of London shall everywhere take place of all knights-bachelors, because they have been the king's lieutenants.

It was likewise adjudged in the case of Sir John Crook, serjeant-at-law, by the judges in court, that such serjeants as were his seniors, though not knighted, should have preference, notwithstanding his knighthood.

All colonels, says Guillim, are honourable, and by the law of arms ought to precede simple knights.

Women before marriage have precedency ly their father; but there is this difference between them and

the male children, that the same precedency is due to all the daughters that is due to the eldest, whereas it is not so among the sons.

By marriage a woman participates in her husband's dignities; but none of the wife's dignities can come by marriage to her husband, but are to descend to her next heir.

If a woman have precedency by creation, descent, or birth, she retains the same, though she marries an inferior. But it is observable, that if a woman nobly born marry any nobleman, as a baron, she shall take place according to the degree of her husband, though she be a duke's daughter.

A woman privileged by marriage with one of noble degree, shall retain the privilege due to her by her husband, though he should be degraded by forfeiture, &c.; for crimes are personal.

The wife of the eldest son of any degree takes place of the daughters of the same degree (who always have place immediately after the wives of such eldest sons); and both of them take place of the younger sons of the preceding degree. Thus the lady of the eldest son of an earl takes place of an earl's daughter, and both of them precede the wife of the younger son of a marquis; also, the wife of any degree precedes the wife of the eldest son of the preceding degree. Thus the wife of a marquis precedes the wife of the eldest son of a duke. This holds not only in comparing degrees, but also families of the same degree among themselves; for instance, the daughter of a senior earl yields place to the wife of a junior earl's son; though if such daughter be an heiress, she will then be allowed place before the wives of the eldest sons of all younger earls.

*

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Table of Precedency among Men.

THE KING, or the Consort of the reigning Queen.*
The Prince of Wales.

King's or Queen-regnant's other sons.
Grandsons.

Brothers.

Uncles.

Brothers' or sisters' sons.
Sons-in-law.

t

Archbishop of Canterbury.

Lord High Chancellor, or Lord Keeper.
Archbishop of York.

Archbishop of Armagh, Primate of Ireland.
Archbishop of Dublin.

Lord High Treasurer.

Lord President of the Privy Council.
Lord Privy Seal.

Lord Great Chamberlain.
Lord High Constable.

§ Earl Marshal.
§ Lord High Admiral.

§ Lord Steward of the Household.
§ Lord Chamberlain of the Household.
Dukes according to their patents.
Eldest sons of Dukes of the Blood Royal.
Marquises according to their patents.
The eldest sons of Dukes.

Earls according to their patents.

The younger sons of Dukes of the Blood Royal.
The eldest sons of Marquises.

By the official Gazette, under date 20th March, 1840, it was ordered that H. R. H. Prince Albert of Saxe-Coburg and Gotha, consort of her Majesty, should take rank next the Queen.

+ Leopold, King of the Belgians, by special statute.

Being of the degree of Barons, by stat. 31 Hen. VIII.

§ Above all of their degree, viz., Dukes to precede Dukes, Earls above Earls, &c. Stat. 31 Hen. VIII.