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The House of Lords Precedence Act 1539 (31 Hen 8 c 10) is an Act of the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised ...
. It prescribed the
order of precedence An order of precedence is a sequential hierarchy of nominal importance and can be applied to individuals, groups, or organizations. Most often it is used in the context of people by many organizations and governments, for very formal and state o ...
of members of the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
. However, some of it has since been superseded or repealed, and so for the full order of precedence today other sources should also be consulted. This Act was partly in force in Great Britain at the end of 2010.


Provisions

The Act set the order of precedence as the Sovereign's children, the "Vicegerent" (
Thomas Cromwell Thomas Cromwell (; 1485 – 28 July 1540), briefly Earl of Essex, was an English lawyer and statesman who served as chief minister to King Henry VIII from 1534 to 1540, when he was beheaded on orders of the king, who later blamed false charg ...
), the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is J ...
, the
Archbishop of York The archbishop of York is a senior bishop in the Church of England, second only to the archbishop of Canterbury. The archbishop is the diocesan bishop of the Diocese of York and the metropolitan bishop of the province of York, which covers th ...
, the bishops, the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
, the
Lord High Treasurer The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Acts of Union of 1707. A holder of the post would be the third-highest-ranked Great Officer of State in ...
, the Lord President of the King's Council, the
Lord Privy Seal The Lord Privy Seal (or, more formally, the Lord Keeper of the Privy Seal) is the fifth of the Great Officers of State (United Kingdom), Great Officers of State in the United Kingdom, ranking beneath the Lord President of the Council and abov ...
, the
Lord Great Chamberlain The Lord Great Chamberlain of England is the sixth of the Great Officers of State, ranking beneath the Lord Keeper of the Privy Seal and above the Lord High Constable. The Lord Great Chamberlain has charge over the Palace of Westminster (tho ...
, the Lord Constable, the
Earl Marshal Earl marshal (alternatively marschal or marischal) is a hereditary royal officeholder and chivalric title under the sovereign of the United Kingdom used in England (then, following the Act of Union 1800, in the United Kingdom). He is the eight ...
, the Lord High Admiral, the
Lord Steward The Lord Steward or Lord Steward of the Household is an official of the Royal Household in England. He is always a peer. Until 1924, he was always a member of the Government. Until 1782, the office was one of considerable political importance ...
and the King's Chamberlain, followed by all other dukes, marquesses, earls, viscounts and barons.


Preamble

The appointment of
Thomas Cromwell Thomas Cromwell (; 1485 – 28 July 1540), briefly Earl of Essex, was an English lawyer and statesman who served as chief minister to King Henry VIII from 1534 to 1540, when he was beheaded on orders of the king, who later blamed false charg ...
to the new office of vicegerent, which had been made in the interval between the Parliament of 1536, and that of 1539, the latter of these assemblies seized the earliest moment of confirming by their recognition; avoiding, however, the appearance of the necessity of their sanction, by introducing the fact of appointment and the description of the office into the preamble of this statute, where a matter so weighty otherwise appears to be exceedingly misplaced.
Sir James Mackintosh Sir James Mackintosh FRS FRSE (24 October 1765 – 30 May 1832) was a Scottish jurist, Whig politician and Whig historian. His studies and sympathies embraced many interests. He was trained as a doctor and barrister, and worked also as a jour ...
. The History of England: From the Earliest Times, to the Year 1588. New Edition. Carey, Lea & Blanchard. Philadelphia. 1836
Page 246


Section 2

This section, except the words from "And foreasmuch" to "Churche of England", was repealed by Schedule 1 to the
Statute Law Revision Act 1948 The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom. Section 5(3) of the Statute Law Revision Act 1950 provided that this Act, so far as it repealed chapter 34 of the Statute of Westminster 1285 (13 Edw. 1 St. ...
. The unrepealed words are introductory words describing the Sovereign as Head of the Church.


Section 9

This section was repealed b
section 83(3)
of, an
Part III
of Schedule 10 to, the
Criminal Justice Act 1948 The Criminal Justice Act 1948 () is an Act of the Parliament of the United Kingdom. Overview It is "one of the most important measures relating to the reform of the criminal law and its administration". It abolished: * penal servitude, har ...
.


Section 10

In this section, the words "in the Sterr Chamber and" were repealed by Schedule 1 to the Statute Law Revision Act 1948.


See also

*
Orders of precedence in the United Kingdom The order of precedence in the United Kingdom is the sequential hierarchy for Peers of the Realm, officers of state, senior members of the clergy, holders of the various Orders of Chivalry and other persons in the three legal jurisdictions within ...


References


Bibliography

* Halsbury's Statutes of England and Wales. Fourth Edition. 2010 Reissue. Volume 10(1). Page 101.


External links


The House of Lords Precedence Act 1539
as amended, from the National Archives. Acts of the Parliament of England (1485–1603) Acts of the Parliament of the United Kingdom concerning the House of Lords 1539 in law 1539 in England {{England-statute-stub