Esquire

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Esquire (abbreviated Esq.) is a term of British origin, originally used to denote social status. Ultimately deriving from the medieval squires who assisted knights, the term came to be used automatically by men of gentle birth. The social rank of Esquire is that above gentleman. More specifically, though, a distinction was made between men of the upper and lower gentry, who were "esquires" and "gentlemen" respectively (between, for example, "Thomas Smith, Esq." and "William Jones, Gent."). A late example of this distinction is in the list of subscribers to The History of Elton, by the Rev. Rose Fuller Whistler, published in 1882, which clearly distinguishes between subscribers designated Mr (another way of indicating gentlemen) and those allowed Esquire.

Today, however, the term may be appended to the name of any man not possessing a higher title (such as that of knighthood or peerage) or a clerical one. In the United States, however, esquire is most commonly assumed by lawyers in a professional capacity and has come to be associated by many Americans solely with the legal profession.

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[edit] Origins and later British usage

In eras when great importance was attached to social status, tables of precedence were drawn to determine its precise hierarchy. Beginning with royalty and continuing down through officers of state, church dignitaries, the nobility and knights, they invariably concluded with common or garden Esquires and Gentlemen, in that order. (It was presumed that everybody at a social event where precedence was relevant would be at least a gentleman.) Until the 19th century, tables of precedences further distinguished between esquires by birth and esquires by office (and likewise for gentlemen).[citation needed]

But the precise limits of these vague terms were never easy to determine. Some authors attempted to draw up guidelines distinguishing esquires from gentlemen.

According to one typical definition[1], esquires included:

  • The eldest sons of knights, and their eldest sons in perpetual succession
  • The eldest sons of younger sons of peers, and their eldest sons in perpetual succession (children of peers already had higher precedence)
  • Esquires created by letters patent or other investiture, and their eldest sons
  • Esquires by virtue of their offices, as Justices of the Peace and others who bear any office of trust under the Crown
  • Esquires of knights constituted at their investiture
  • Foreign noblemen
  • Persons who are so styled under the Royal sign manual (officers of the Armed Forces of or above the rank of Captain in the Army or its equivalent)
  • Barristers (but not Solicitors)
  • Holders of a degree at one of the Two Universities (Oxford and Cambridge; n.b., England only had two universities before 1832).

A slightly later source[2] defines the term as

Esquire — A rank next below that of Knight. Besides those Esquires who are personal attendants of Knights of Orders of Knighthood, this title is held by all attendants on the person of the Sovereign, and all persons holding the Sovereign's commission being of military rank not below Captain; also, by general concession, by Barristers at Law, Masters of Arts and Bachelors of Law and Physic.

However, formal definitions such as these were proposed because there was, in reality, no fixed criterion distinguishing those designated Esquire: it was essentially a matter of impression as to whether a person qualified for this status. William Segar, Garter King of Arms (the senior officer of arms at the College of Arms), wrote in 1602: "And who so can make proofe, that his Ancestors or himselfe, have had Armes, or can procure them by purchase, may be called Armiger or Esquier." Honor military, and civill (1602; lib. 4, cap. 15, p. 228). (By Armes he referred to a coat of arms; it is not clear from this quotation whether Segar made a distinction between esquires and gentlemen.)

Although Esquire is the English translation of the French Ecuyer, the latter indicated legal membership in the nobilities of ancien régime France and contemporaneous Belgium, whereas an esquire belongs to the British gentry rather than to its nobility.

[edit] Modern UK Usage

The breadth of Esquire (as Esq.) had become universal in the United Kingdom by the late 20th century, for example being applied by some banks to all men who did not have a grander title. Although the College of Arms continues to restrict use of the word Esquire in official grants of arms to a limited set (smaller even than that outlined by the list above), it uses the term Esquire without restriction in addressing correspondence. Many people in the United Kingdom no longer perceive any distinction between "Mr" and "Esquire" at all and so, for practical purposes and in everyday usage, there is no such distinction.

To be used with the name in initial format (e.g., K.S. Oliveira, Esq.) it is still used by many offices of the Chairman in business and also many traditional carriage trade businesses such as Christie's and Berry Bros. & Rudd. This rather old-fashioned usage is generally employed to imply that the addressee would be of the gentry by the mere fact of the sender's interaction when addressing those without another, higher, rank or title. British men invited to Buckingham Palace receive their invitations in an envelope with the suffix Esq. after their names while men of foreign nationalities instead have the prefix Mr (women are addressed as Miss, Ms, or Mrs).[citation needed] The same practice applies for other post from the palace (e.g., to employees etc.).[3]

[edit] United States

In the United States the suffix Esq. is most commonly encountered in use among individuals licensed to practice law.[4] This usage applies to both male and female lawyers.[5] The term Esquire is assumed by the legal profession, and has not been awarded to it by any government or authority.

As a matter of custom, the suffix Esq. is not used when referring to sitting judges, who are members of the bench rather than members of the bar, and are prohibited from practising law in most United States jurisdictions. Judges will generally be referred to with the prefix The Honorable (abbreviated Hon.) as a title of respect. In some jurisdictions, it is also customary to refer to attorneys who are members of that jurisdiction's bar with the title Hon. as such attorneys are officers of the court.

These legal associations in America, although strong, have not completely blotted out the unmarked use of "esquire" in the modern British fashion, as an honorific simply an alternative to Mister (Mr.). In some states, however, using the term deceptively (in a manner that might lead others to assume you are licensed to practice law in that state) can be used as evidence of unauthorized practice of law.[6]

The form of address Esq. is not used in the first person. It is used only when the reference is in the third person, such as addressing an envelope, making a formal introduction, or on business letterhead. Esq. is never used with any prenominal form of address, such as Dr., Mr., or Ms.. Thus, John Smith, Esq. or Mr. John Smith would be correct, but Mr. John Smith, Esq. would be incorrect.[7]

When addressing a person who has an academic degree or other post-nominal professional designation, such as a Certified Public Accountant, a writer may use the post-nominal designation after the Esq. For example, an attorney who is also an accountant could be addressed as James A. Smith, Esq., CPA. Likewise, an attorney who is a Doctor of Medicine could be styled as Dr. Jane Kelly, or Jane Kelly, Esq., M.D., or, if a holder of both degrees (some states do not require attorneys to hold a J.D. degree in order to practice law), Jane Kelly, M.D., J.D., when referred to in the third person, but never Dr. Jane Kelly, Esq.[8]

Some fraternal groups use the title of Esquire. The Benevolent and Protective Order of Elks uses the title of Esquire for an appointed office position.[9] One appendant body in Freemasonry also uses Esquire as a degree title[10].

[edit] References

  1. ^ Burn, Richard; Chitty, J.; Black, Philip (1975, reprint of the 1831 edition) The Justice of the Peace and Parish Officer, pages 884–885; see also [1], pages 540–541
  2. ^ Boutell, Charles (1899) English Heraldry, page 120; see also [2], page 120
  3. ^ Hardman, Robert (2007-11-29). "Fountain of Honour". Monarchy: The Royal Family at Work. Druck, Wemding, Germany: Ebury Press. pp. 121. ISBN 978-0-09191-842-2. "British men have 'Esq.' after their name [...] whereas all men from overseas are called 'Mr'" 
  4. ^ Thompson, Kathryn. Tussle Over Titles, ABA Journal, January 2006.
  5. ^ Jones, Brenda. Forms of Address Including Use of "Esquire", Beeson Law Library Newsletter, Cumberland School of Law, February 2, 2002.
  6. ^ Ex. Rules of the Supreme Court of Arizona, Rule 31(a)(2)(B)(2).
  7. ^ Everyday Etiquette, The Emily Post Institute, last accessed September 18, 2008.
  8. ^ Forms of address chart.xls
  9. ^ Austin Lodge No 201 BPOE 2007-2008 Committees
  10. ^ York Rite Allied Invitational Bodies
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