It is clear, however, that the title of esquire was very loosely used at
a much earlier date. On this point Selden is somewhat scornfully
explicit. "To whomsoever, either by blood, place in the State or other
eminency, we conceive some higher attribute should be given, than that
sole Title of Gentleman, knowing yet that he hath no other honorary
title legally fixed upon him, we usually style him an _Esquire_, in such
passages as require legally that his degree or state be mentioned; as
especially in Indictments and Actions whereupon he may be outlawed.
Those of other nations who are Barons or great Lords in their own
Countries, and no knights, are in legal proceedings stiled with us,
Esquires only. Some of our greatest Heralds have their divisions of
Esquires applied to this day. I leave them as I see them, where they may
easily be found." Coke, too, says that every one is entitled to be
termed esquire who has the legal right to call himself a gentleman (2.
_Institutes_, 688).
At the present time the following classes are recognized as esquires on
occasions of ceremony or for legal purposes:--(1) All sons of peers and
lords of parliament during their fathers' lives, and the younger sons of
such peers, &c., after their fathers' deaths; the eldest sons of peers'
younger sons, and their eldest sons for ever. (2) Noblemen of all other
nations. (3) The eldest sons of baronets and knights. (4) Persons
bearing arms and the title of esquire by letters patent. (5) Esquires of
the Bath and their eldest sons. (6) Barristers-at-law. (7) Justices of
the peace and mayors while in commission or office. (8) The holders of
any superior office under the crown. (9) Persons styled esquires by the
sovereign in their patents, commissions or appointments.[1] (10)
Attorneys in colonies where the functions of counsel and attorney are
united (in England solicitors are "gentlemen," not "esquires").
In practice, however, the title of esquire, now to all intents and
purposes meaningless, is given to any one who "can bear the port, charge
and countenance of a gentleman." The word has followed the same course
as that of "gentleman" (q.v.), and for very similar reasons. It is still
not customary in Great Britain to address e.g. a well-to-do person
engaged in trade as esquire at his shop; it would be offensive not to do
so at his private residence. In America, on the other hand, the use of
the word "esquire" is practically obsolete, "Mr" ("Mister" or "Master,"
at one time the title special to a "gentleman") being the general form
of address.
See Selden, _Titles of Honor_ (1672); Camden, _Britannia_ (ed. London,
1594); Coke, _Institutes_; _Enc. of the Laws of England_, s.
"Esquire"; Du Cange, _Glossarium_ (ed. 1886), s. "Scutarius,"
"Scutifer" and "Armiger"; _New English Dictionary_, s. "Esquire."
(W. A. P.)
FOOTNOTE:
[1] In practice this means every one receiving such a patent,
commission or appointment.
Public-domain text, read in full here on John Shaqi.
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