THE STATUS OF THE DUKE OF WINDSOR

Evening Post, Volume CXXIII, Issue 1, 2 January 1937, Page 21

THE STATUS OF THE DUKE OF WINDSOR

An expert ori the law of precedence in an article in the "Daily Mail" recently examines the rights, privileges of the new Duke of Windsor, and how he stands in relation to the Constitution. It is clear that the former King is still-Prince Edward, and -that-he does. not take the place of the Duke of Norfolk as Premier Duke, says the writer. He will be the eldest of, the Royal Dulses apart from the Duke of Connaught and it is, assumed that he will take precedence after the heir presumptive. As.Prince Edward has renounced the throne and undertaken that his descendants shall not be in a line of succession it might be argued that his precedence will stand below that of any member of the Royal family in the line of succession. His future wife will obviously be known as Her Royal Highness the Duchess of Windsor and be entitled to the precedence and>privileges of her husband's rank. The presence of the Duke of Windsor in the House of Lords must be recognised. It will not be necessary for him to return, to England to receive the Dukedom, but to sit in the House of Lords he must receive a personal summons, to which he is entitled as a Peer. Queen Victoria decided against making her husband a Peer, for had he received a Peerage he would necessarily have'been called to the Lords and therefore have come in,contact with politics. It is certain that the Duke of Windsor is entitled to the writ of summons.

j Of couise it is hot obligatory for a Peer to respond to that summons, but should the Duke decide to answer it, as would an ordinary Peer, there would follow the extraordinary situation of the former King tailing a seat in the Lords, -and allegiance- td his successor. It is the course Prince Edward would be clearly entitled to take. One must distinguish between the Duke's position as a prince; of the blood and his position as a Peer. He has absolutely renounced the crown for himself an i his descendants, but he cannot, of course, renounce the blocd in his veins and a prince of the blood he must remain, though legally barred from the succession. A peculiar position is found regarding the Duchy of Cornwall. The Duchy of Lancaster is indisputably an appanage of the Crown, but the Duchy of Cornwall has always : been regarded as the possession of the King's eldest son. The former King became the possessor of the Duchy of Cornwall a quarter of a century before he ascended the throne. Probably some special legislation Will be required to settle the point ia the event of Prince Edward's marriage, and should there be any children there may be some question concerning; their titles, but these would normal ly be those of the sons arid daughters of a Duke. In his travels abroad, Prince Edward will presumably be treated, as are his brothers, with the diplomatic immunity accorded Royal Princes:.