Patent of precedence
Encyclopedia
A patent of precedence is a grant to an individual by letters patent
of a higher social or professional position than the precedence
to which his ordinary rank entitles him.
from appearing against the Crown
, but, if he was a member of parliament
, entailed that he give up his seat. A patent of precedence was resorted to as a means of conferring similar marks of honour on distinguished counsel without any such disability attached to it. The patents obtained by Mansfield
, Erskine
, Scott, Jervis
and Brougham were granted on this ground.
After the serjeants-at-law lost their exclusive right of audience in the Court of Common Pleas
, it became customary to grant patents of precedence to a number of serjeants, giving them rank immediately after KCs already created and before those of subsequent creation. Mr Justice Phillimore
was, on his appointment as a judge of the queen's bench division (in 1897) the only holder of a patent of precedence at the bar, except Serjeant Simon, who died in that year, and who was the last of the serjeants who held such a patent.
, patents of precedence are granted both by the Governor-General and by the Lieutenant-Governors of the provinces under provincial legislation which has been declared intra vires.
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
of a higher social or professional position than the precedence
Order of precedence
An order of precedence is a sequential hierarchy of nominal importance of items. Most often it is used in the context of people by many organizations and governments...
to which his ordinary rank entitles him.
Historical user in the English legal profession
The principal instance in recent times of patents of grants of this description has been the grant of precedence to members of the English bar. Formerly, the rank of king's counsel not only precluded a barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
from appearing against the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, but, if he was a member of parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
, entailed that he give up his seat. A patent of precedence was resorted to as a means of conferring similar marks of honour on distinguished counsel without any such disability attached to it. The patents obtained by Mansfield
William Murray, 1st Earl of Mansfield
William Murray, 1st Earl of Mansfield, SL, PC was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland before moving to London at the age of 13 to take up a place at Westminster School...
, Erskine
Thomas Erskine, 1st Baron Erskine
Thomas Erskine, 1st Baron Erskine KT PC KC was a British lawyer and politician. He served as Lord Chancellor of the United Kingdom between 1806 and 1807 in the Ministry of All the Talents.-Background and childhood:...
, Scott, Jervis
John Jervis (politician)
Sir John Jervis was an English lawyer, law reformer and Attorney General in the administration of Lord John Russell...
and Brougham were granted on this ground.
After the serjeants-at-law lost their exclusive right of audience in the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, it became customary to grant patents of precedence to a number of serjeants, giving them rank immediately after KCs already created and before those of subsequent creation. Mr Justice Phillimore
Walter Phillimore, 1st Baron Phillimore
Walter George Frank Phillimore, 1st Baron Phillimore PC , known as Sir Walter Phillimore, 2nd Baronet, from 1885 to 1918, was a British lawyer and judge.-Biography:...
was, on his appointment as a judge of the queen's bench division (in 1897) the only holder of a patent of precedence at the bar, except Serjeant Simon, who died in that year, and who was the last of the serjeants who held such a patent.
Canada
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, patents of precedence are granted both by the Governor-General and by the Lieutenant-Governors of the provinces under provincial legislation which has been declared intra vires.