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, are all of them peers in respect of their nobility, so the commoners, though some are greatly superior to others, are all in law commonalty, in respect of their want of nobility.

1. The first name of dignity next beneath a peer was anciently that of vidâmes, vice-domini, or valvasors, who are mentioned by our ancient lawyers as viri magnae dignitatis ; and Sir Edward Coke speaks highly of them. Yet they are now quite obsolete; and our legal antiquaries are not agreed upon even their original or ancient office.

2. Now, therefore, the first personal dignity after that of 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 after certain official dignities, as privycouncillors, 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 immediately 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 that king’s 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; otherwise he ranks after,

4. Baronets, who are next in order. This is a dignity of inheritance, created by letters patent, and usually descendible to the issue-male. See Baronet.

5. Next follow knights of the Bath, which see.

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 arc 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 figure or statue of one ancestor at least who had borne some curule office. It is indeed a matter some- [7:7:179] ’ what 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. Cambden, who was-himself a herald, reckons up four sorts of esquires: lsŕ, the eldest sons of knights, and their eldest sons in perpetual succession; 2JZy, the eldest sons of younger sons of peers, and their eldest sons, in like perpetual succession, both of which species of esquires Sir Henry Spelman entitles armigeri natalitii ; 2dly, esquires created by the king’s letters patent, or rather investiture, and their eldest sons; ⅛thly, 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 constitutes 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 liberal 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 who has free land of forty shillings in the year, and 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.