on 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.

The King could create a peer, and give him precedence over all
other peers of the same rank,[4] a prerogative which was not
unfrequently exercised in ancient times. Henry VI. created Henry
Beauchamp Earl of Warwick and Praecomes totius Angliae, and
afterwards Duke of Warwick, with a right to sit in Parliament
after the Duke of Norfolk, but _before_ the Duke of Buckingham;
the same King created Edmund of Hadham Earl of Richmond, and gave
him precedence over all other earls, and Jasper of Hatfield Earl
of Pembroke with precedence n