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Article ON THE TITLE OF ESQUIRE. ← Page 2 of 5 →
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On The Title Of Esquire.
originally , and what it legally is , and we shall soon be convinced , that the indiscriminate use of it is totally without foundation upon any known law , or source of honour . In this part of my subject , I am principally , though not altogether , assisted , by the . learned author of " Commentaries on the Laws of England . " Esquires are said , by Camden , to consist of four classes , t . The eldest sons of knihtsand their eldest sons in perpetual succession .
g , 2 . The eldest sons of younger sons of peers , and their eldest sons in like perpetual succession ; both which species of esquires-, Sir Henry Spelman entitles armigeri natalitii . 3 . Esquires created by the king ' s letters-patent , or other investiture ; and their eldest sons . 4 . Esquires by virtue of their office ; as justices ofthe peace , and otherswho bear any office of trust under the crown . To
, may these may be added the esquires ofthe knights ofthe bath , each of whom constitutes three at his installation ; and all foreign , and even Irish peers ; for not only . these , but the eldest sons of peers of Great Britain , though frequently titular lords , are only esquires in law , and must be so named in all legal proceedings . It may be observedhoweverthat the first two distinctions or
classesenu-, , , merated by Camden , have long ceased to exist : for the title of knight , gives not the title of esquire to the eldest son , who may perhaps be a common , and often a low mechanic , and must , according to the statute 1 . Hen V . c . 5 . be designated by his mystery or trade , in all writs , & c .
Esquires and gentlemen are confounded together by Sir Edward Coke , who observes , that every esquire is a gentleman , and a gentleman is defined to be one qui armagerit , who bears coat-armour , the grant of which adds gentility to a man ' s family . " It is , indeed , " says Blackstone , " a matter somewhat unsettled , what constitutes " the distinction , or who is a real esquire ; for it is not an es" tatehowever largethat confers this rank upon its owner . But
, , " to the list given above , the following may be added , mayors pf " towns , counsellors at law , Serjeants of the several offices of the " king ' s court , and other officers of note . These are all entitled " to be called esquires , and none others . ''' The title of Esquire , therefore , like all other titles , proceeds directl or indirectlyfrom the king as the fountain of all honour
y , , , and it can be conferred by no other person , nor assumed by any person from vanity or caprice . But if this be the law , how strangely different is the practice of modern times ! Tradesmen and mechanics , of all descriptions , confer this title upon each other : and many do not even scruple to write esquire to their names in books of subscriptionBut no individual in this kingdom ( his majesty only
. excepted ) can confer any title ; and if foolish custom or complaisance allow men to dub each other esquires , an equally foolish and equally well-founded custom may , in time , induce them to prefix the title . Honourable to their names . If caprice is to govern in one thing , -it may in all ; for caprice is boundless , and human vanity will always furnish it with an apology .
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
On The Title Of Esquire.
originally , and what it legally is , and we shall soon be convinced , that the indiscriminate use of it is totally without foundation upon any known law , or source of honour . In this part of my subject , I am principally , though not altogether , assisted , by the . learned author of " Commentaries on the Laws of England . " Esquires are said , by Camden , to consist of four classes , t . The eldest sons of knihtsand their eldest sons in perpetual succession .
g , 2 . The eldest sons of younger sons of peers , and their eldest sons in like perpetual succession ; both which species of esquires-, Sir Henry Spelman entitles armigeri natalitii . 3 . Esquires created by the king ' s letters-patent , or other investiture ; and their eldest sons . 4 . Esquires by virtue of their office ; as justices ofthe peace , and otherswho bear any office of trust under the crown . To
, may these may be added the esquires ofthe knights ofthe bath , each of whom constitutes three at his installation ; and all foreign , and even Irish peers ; for not only . these , but the eldest sons of peers of Great Britain , though frequently titular lords , are only esquires in law , and must be so named in all legal proceedings . It may be observedhoweverthat the first two distinctions or
classesenu-, , , merated by Camden , have long ceased to exist : for the title of knight , gives not the title of esquire to the eldest son , who may perhaps be a common , and often a low mechanic , and must , according to the statute 1 . Hen V . c . 5 . be designated by his mystery or trade , in all writs , & c .
Esquires and gentlemen are confounded together by Sir Edward Coke , who observes , that every esquire is a gentleman , and a gentleman is defined to be one qui armagerit , who bears coat-armour , the grant of which adds gentility to a man ' s family . " It is , indeed , " says Blackstone , " a matter somewhat unsettled , what constitutes " the distinction , or who is a real esquire ; for it is not an es" tatehowever largethat confers this rank upon its owner . But
, , " to the list given above , the following may be added , mayors pf " towns , counsellors at law , Serjeants of the several offices of the " king ' s court , and other officers of note . These are all entitled " to be called esquires , and none others . ''' The title of Esquire , therefore , like all other titles , proceeds directl or indirectlyfrom the king as the fountain of all honour
y , , , and it can be conferred by no other person , nor assumed by any person from vanity or caprice . But if this be the law , how strangely different is the practice of modern times ! Tradesmen and mechanics , of all descriptions , confer this title upon each other : and many do not even scruple to write esquire to their names in books of subscriptionBut no individual in this kingdom ( his majesty only
. excepted ) can confer any title ; and if foolish custom or complaisance allow men to dub each other esquires , an equally foolish and equally well-founded custom may , in time , induce them to prefix the title . Honourable to their names . If caprice is to govern in one thing , -it may in all ; for caprice is boundless , and human vanity will always furnish it with an apology .