PRECEDENCE. — It is the right to precede other persons and thus to have the noblest place at public gatherings and events. Its foundation lies in the deference due to persons who enjoy a higher rank in the hierarchy.
The CIC, retracing provisions confirmed by centuries of experience, outlines the fundamental principles of p. in can. 106; from it, it clearly appears that, first of all, the special norms governing certain ecclesiastical dignitaries must be applied (cf. cann. 239, nn. 1 and 21; 280; 347; 450, etc.). When there are no specific norms, the following principles apply: 1) in p., diversity of rite has no legal significance. 2) Representation has its foundation of p. in the person represented, since the representative is invested with the personality of the one whose place he takes: evidently, in this case, the right of p. is subordinate to that of those who participate personally in the gathering.
Having established these two negative principles, the CIC formulates the positive principles, which are based on authority. 1) Whoever is invested with authority also obtains the right of p. over the physical or juridical persons subject to him. 2) If, on the other hand, the persons in question are such that neither has authority over the other, then, for p., the rank held by each must be taken into consideration; if they are of the same rank, p. is based solely on Orders; if they are of the same rank and in the same Order, precedence belongs to the one who has priority of appointment in that rank; if this occurred on the same day, precedence belongs to the older by ordination, except when the younger was ordained by the pope; if they had also received ordination on the same day, only age is to be taken into consideration. In the case of twins, there would be no distinguishing criterion, and recourse would therefore have to be made to the Holy See. The word « Order » comprises the various powers of Holy Orders, and the word « rank » refers to hierarchical offices in the broadest sense of the word. 3) For juridical persons, the rules proper to each Institute apply; if, however, the matter concerns different juridical persons, precedence belongs to the one in peaceful quasi-possession of p.; if this right is not clear, precedence belongs to the one that was first established in the place.
The Ordinary is the judge of every controversy that may arise concerning p.; against his decisions, only an appeal in devolutivo is admissible.
From the norms cited, the following order of precedence may be derived: cardinal legate a latere (can. 239, 1 and 21); cardinal dean and sub-dean (can. 237, 1 and 2); cardinals of the episcopal, presbyteral and diaconal Orders (can. 231, 1); legates of the Roman pontiff (can. 269, 2);
patriarchs (can. 280); primates (can. 280); metropolitans and archbishops in their own province (can. 272, 280); bishops in their own diocese (can. 347); archbishops and bishops outside their own province (can. 280); abbots, prelates nullius, apostolic vicars and prefects (can. 215, 3); apostolic administrator, capitular vicar, vicar general (can. 370, 1); canons: dignitaries, titular canons, honorary canons, beneficed canons (can. 408, 1); vicar forane (can. 450, 2); parish priest (can. 478, 1); substitute vicar and coadjutors; cooperator vicars (can. 478, 2).