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 Baronets.
5. Next follow knights of the Bath. See Bath.
6. The last of these inferior nobility are knights bachelors; the most ancient, though the lowest, order of knighthood amongst us. See Bachelor.
7. The above, with those enumerated under the article Nobility, Sir Edward Coke says, are all the names of dignity in this kingdom; esquires and gentlemen 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 esquire 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 office. 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 natalitiis. 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 confinates 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 matter, 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 probus 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 proceedings.