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Encyclopedia Britannica



PATENTS OF PRECEDENCE

This article appears in Volume V20, Page 910 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: PAS-PER
PATENTS OF PRECEDENCE . A patent of precedence is a grant to an individual by letters patent (q v.) of a higher socialor professional position than the precedence to which his
ordinary
  rank entitles him.. The
principal
  instance in modern times of patents of grants of this description has been the grant of precedence to members of the English bar. In the days when acceptance of the rank of king's counsel not only precluded a
barrister
  from appearing against the Crown, but, if he was a member of
parliament
 , vacated 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 and
Brougham
  were granted on this ground. After the order of the coif lost its exclusive right 'of
audience
  in the court of common pleas, it became customary to grant patents of precedence to a number of the serjeants-at-law, giving them rank immediately after counsel of the Crown 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. See also PRECEDENCE.
In Canada patents of precedence are granted both by the
governor
 -general and by the
lieutenant
 -
governor
  of the provinces under provincial legislation which has been declared intra vires. (Att. Gen. for Canada v. Att. Gen. for Ontario, 1898, A.C. p. 247; Todd, Parliamentary Govt. in Canada, 2nd ed. p. 333).
See Pulling's Order of the Coif.


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