COMMONALTY, the lower of the two divisions of the civil state. See CIVIL STATE.
The commonalty, like the nobility, are divided into several degrees: and as the lords, though different in rank, yet all of them are peers in respect of their nobility; so the commoners, though some are greatly superior to others, yet all are in law commonalty, in respect of their want of nobility.
1. The first name of dignity next beneath a peer was anciently that of vidames, vice-domini, or valvassors: who are mentioned by our ancient lawyers as curi magne dignitatis; and Sir Edward Coke speaks highly of them. Yet they are now quite out of use; and our legal antiquarians are not agreed upon even their original or ancient office.
2. Now, therefore, the first personal dignity after the nobility is a knight of the order of St. George, or of the garter, first instituted by Edw. III. A. D. 1344.
3. Next (but not till after certain official dignities, as privy-counsellors, the chancellors of the exchequer and duchy of Lancaster, the chief justice of the king's bench, the master of the rolls, and the other English judges), follows a knight banneret; who indeed, by statutes 5 Richard II. stat. 2. c. 4. and 14 Richard II. c. 11. is ranked next after barons; and his precedence before the younger sons of viscounts was confirmed to him by order of King James I. in the tenth year of his reign.
Common-
alty. reign. But in order to entitle him to this rank, he
must have been created by the king in person, in the
field, under the royal banners, in time of open war;
else he ranks after
4. Baronets; who are the next in order: which title
is a dignity of inheritance, created by letters patent,
and usually descendible to the issue-male. See BARO-
NETS.
5. Next follow knight of the Bath. See BATH.
6. The last of these inferior nobility are knight ba-
chelors; the most ancient, though the lowest, order of
knighthood amongst us. See BACHELOR.
7. The above, with those enumerated under the ar-
ticle NOBILITY, Sir Edward Coke says, are all the
names of dignity in this kingdom; esquires and gentle-
men being only names of worship. But before these
last the heralds rank all colonels, sergeants at law, and
doctors in the three learned professions.
8. Esquires and gentlemen are confounded together
by Sir Edward Coke; who observes, that every es-
quire is a gentleman, and a gentleman is defined to
be one qui arma gerit, "who bears coat-armour;" the
grant of which adds gentility to a man's family: in
like manner as civil nobility among the Romans was
founded in the jus imaginum, or having the image of
one ancestor, at least who had borne some curule of-
fice. It is indeed a matter somewhat unsettled what
constitutes the distinction, or who is a real esquire;
for it is not an estate, however large, that confers this
rank upon its owner. Camden, who was himself a
herald, distinguishes them the most accurately; and he
reckons up four sorts of them: 1st, The eldest sons of
knights, and their eldest sons, in perpetual succession.
2dly, 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. 3dly, Esquires created by the king's
letters patent, or other investiture; and their eldest
sons. 4thly, Esquires by virtue of their office: as
justices of the peace and others who bear any office
of trust under the crown. To these may be added the
esquires of the knights of the bath, each of whom con-
stitutes three at his installation; and all foreign, nay,
Irish peers; for not only these, but the eldest sons of
peers of Great Britain, though frequently titular lords,
are only esquires in the law, and must be so named in
all legal proceedings.
9. As for gentlemen, says Sir Thomas Smith, they
be made good cheap in this kingdom: for whosoever
studieth the laws of the realm, who studieth in the
universities, who professeth literal sciences, and (to be
short) who can live idly and without manual labour,
and will bear the part, charge, and countenance of a
gentleman, he shall be called master, and shall be taken
for a gentleman.
10. A yeoman is he that hath free land of 40s. by
the year; who is thereby qualified to serve on juries,
vote for knights of the shire, and do any other act
where the law requires one that is probis et legalis
homo.
11. The rest of the commonalty are tradesmen,
artificers, and labourers; who (as well as all others)
must, in pursuance of the statute 1 Henry V. c. 5,
be styled by the name and addition of their estate,
degree, or mystery, in all actions and other legal pro-
ceedings. Commoner,
Commoner.