the Crown
thereunto appertaining) was left untouched by it.[15] In point of
fact, the royal prerogative always has been, and still
continually is exercised, in violation of the order of the
established table; for when the King, by his Royal warrant, gives
to one of his subjects, having neither rank nor dignity, the
place and precedence of a duke's or an earl's son, the individual
thus elevated supersedes all those (below that rank) whose place
and precedence is determined either by law or custom.
[14] Lord Herbert, in his Life of Henry VIII, says, in
allusion to this statute, 'it was declared also how the
Lords in Parliament should be placed,' p. 218.
[15] Lord Coke clearly distinguishes between precedence in
Parliament and Council and general precedence:--Thus
far for avoiding contention about precedency in
Parliament, Star Chamber, and all other assemblies,
Council, &c. Now, they that desire to know the places
and precedency of the nobility and subjects of the
realm, as well men as women, and of their children
(which we have added the rather, for that the
contention about precedency between persons of that sex
is even fiery, furious, and sometimes fatal), we will
refer you to a record of great authority in the reign
of Henry VII., entitled.'--4th Inst. 363.
The result, then, appears to be that, in the olden time, the king
had unlimited power in matters of honour and precedence, and
could confer whatever dignity or pre-eminence he thought fit,
upon any of his subjects. That this power has been expressly
restrained, quoad the Parliament Chamber and the Council, but
exists unfettered in all other respects.
In Parliament (should Prince Albert be created a peer), he would
only be entitled to a seat at the bottom of the degree to which
he might belong, and he would be expressly prohibited from
sitting nearer to the throne. In the Privy Council likewise (if
made a Privy Councillor) he would be entitled to no especial
place, but everywhere else, at ceremonials of every description,
at royal marriages, christenings or funerals, at banquets,
processions, and courtly receptions, at installations and
investitures, at all religious, civil, or military celebrations,
upon all occasions, formal or social, public or private, the
Queen may grant to her husband an indisputable precedence
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