108 ROYAL SOCIETY OF CANADA 
ing so knighted, have the right to arrogate to themselves the conjunct 
dignity of Knight and Baronet, saving and except those of the Order of 
Nova ou who by their patents are both hereditary Knights and 
Baronets.” 
“Ona ae of precedence between the younger sons of Vis- 
counts and Barons and the Baronets, King James I., in 1612, issued a 
decree, fixing the precedence of the latter next-after the former. By this 
decree the King bound himself, his heirs and successors not at any time 
lo give precedence to any persons beneath the degree of Lords of Par- 
lament, higher before or equal to the place of baronets, and a similar 
provision is to be found in the baronets patents of creation.” 18 
It was ordained that at their funerals each Baronet “should have 
two Assistants of the Body to support the Pall, one Principal Mourner, 
and four Assistants to him, being the mean betwixt a Baron and a 
Knight.” 2° 
The Baronets of Nova Scotia on their part each undertook either to 
equip and maintain six armed men for the service of the Royal Province 
for two years; or else to pay two thousand merks towards the enterprise 
and one thousand merks towards the expenses incurred by Sir William 
Alexander in exploring and settling the country; and “The King re- 
served a tenth of all metals found in Nova Scotia by the Diplomas given 
to the Baronets.” 2° 
The Baronetcies of Nova Scotia were limited either to heirs male of 
the body, or to heirs male, or to heirs successive; that is heirs what- 
somever. 
A Baronetcy destined to the heir male of the body of the patentee 
can be inherited only by a lineal descendant of the patentee, consequent- 
ly several of the Baronetcies created with this limitation are now extinct. 
A Baronetcy destined to the heir male of the patentee can never 
become extinct though it may become dormant, for no person of legi- 
timate birth can be without an heir male. “ Every person born in law- 
ful wedlock is prima facie legitimate, for the maxim of the civil law, 
pater est quem nuptie demonstrant, is admitted in England.” * Many of 
the Baronetcies of Nova Scotia recorded in various works as being ex- 
tinct are not so, they are merely dormant, the original destination having 
been to the heir male. 
A Baronetcy destined to the heir successive of the patentee can like- 
wise never become extinct, though it may become dormant; for, as in the 
case of the heir male, no person of legitimate birth can be without an 
heir. 
It will thus be seen that a man may succeed to a Baronetcy of Nova 
Scotia without himself being actually descended from the original pa- 
