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What Does the Title 'Esquire' Mean, Anyway?
And what does it have to do with lawyering?
by Dan Nosowitz February 3, 2021
What Does the Title 'Esquire' Mean, Anyway?
Copy Link Facebook Twitter Reddit Flipboard Pocket
The English justice system has a certain style.
The English justice system has a certain style. Smith Archive / Alamy
The minor debate over First Lady Dr. Jill Biden's title, which came
up shortly after her husband's election, may seem completely
ridiculous and insulting, which it is, but it's also the latest in a
line of kerfuffles relating to how people in power in the United
States present themselves. The extensive intricacies of British
titling, and the power those titles conferred (and to a lesser
extent, still confer), have left a lasting residue in some of the
empire's former colonies.
Those who think Dr. Biden should not use her earned title suggest she
simply go by "Mrs.," which signifies only that she is married, or
"Madam," which signifies only gender. The unstated goal of all this
talk is a gross collection of sexism, elite gatekeeping, anti-elitism
in general, and a simple partisan attack on the Biden administration.
The idea of attacking someone in power by attacking a title is not a
new phenomenon, and "Dr." is not the only target.
One of the weirder movements in modern American political action
attempted to attack a title so vigorously that it would have
essentially collapsed the entire history of the American government.
The movement didn't succeed, because it was both factually wrong and
wildly misguided, but it was wrong in a really interesting way. It
relied on the title "Esquire," which is one of the more common but
most unusual ways a person can ask to be addressed.
That movement, born from the right-wing conspiracy forums of the
early internet, purported that there was a "missing" Thirteenth
Amendment that would have made the current Thirteenth (which
abolished slavery) actually the Fourteenth. This phantom amendment,
called the Titles of Nobility Amendment, was written in 1810. By law
then, and now, the American government cannot bestow titles of
nobility in the way that the English government once named new dukes
or barons. The brief text of the amendment would have made these
existing prohibitions even stronger: Any American who accepted a
title of nobility or honor from a foreign government would be
forbidden to hold office, and would be stripped of citizenship.
Justice is supposed to be blind. Justice is supposed to be blind.
Darryl Brooks / Alamy
In 1983, a conspiracy theorist and researcher named David Dodge found
an 1825 copy of the U.S. Constitution in the Belfast Library in
Maine. The copy included that Thirteenth Amendment, and Dodge wrote
several articles about it that made some rather assumptive leaps.
Those leaps were: 1) The amendment had been legally enacted. 2)
"Esquire" is a title of nobility. 3) "Esquire" also refers to
lawyers. 4) The amendment rescinds the citizenship and the right to
hold office from anyone with a title of nobility. Therefore, no
lawyers have, since 1810, been allowed to serve in government or even
hold citizenship. Therefore, given that over half of the country's
presidents and a huge percentage of its elected officials have been
lawyers, everything you thought about this country's history is a
gigantic sham. At least that's what Dodge argued.
It amounted to a huge attack on perceived elitism, and has been
wielded repeatedly, though never effectively, as a weapon against
Democrats. In 2010, the Republican party of Iowa attempted to include
recognizing the missing Thirteenth Amendment as part of its platform,
meant in this case to remove then-President Obama from office. Obama
did pass the Illinois bar exam, making him a lawyer, and had also
received a Nobel Peace Prize in 2009, which would, if you follow the
odd logic to its totally illogical conclusion, have disqualified him
for the office of president. There's something of a libertarian and
populist bent to it.
Jol A. Silversmith, a lawyer who works primarily with aviation law,
took a side interest in this whole conspiracy business when he was in
law school. "The right-wing groups are factually wrong, but did latch
onto the fact that this was a very poorly documented amendment," he
says. Silversmith wrote a definitive article on it in the Southern
California Interdisciplinary Law Journal in 1999, debunking just
about everything in the conspiracy theory. For one thing, the
amendment was never ratified by enough of the states to be enacted.
It was printed in some legal texts as though it had been ratified,
but Silversmith writes that, due to a chaotic government (dealing
with both new states and new wars) and poor communication
infrastructure, there were frequent misprintings and uncertainty
about what exactly was and was not in the Constitution.
There were frequent misprintings of the Constitution and
uncertainty about what exactly was and was not in it.
The other fascinating part of this whole saga is the assertion that
"Esquire" is a term of nobility in the first place, and its
one-to-one connection with the legal profession. When we talk about
"titles of nobility," the sort that the failed Thirteenth Amendment
was trying to block, we're talking about titles conferred on a person
by a government, not by trade.
The term "Esquire" comes to the United States from medieval Europe,
and more directly from the United Kingdom, a place absolutely mad for
nobility and titles, though admittedly less now than it used to be.
The governments of the countries that make up the United Kingdom
(England, Scotland, Wales, and Northern Ireland) have the power to
confer a wide variety of titles on their subjects. And there's a
pretty wide variety of ways the United Kingdom and its imperial
predecessors could bestow these signs of nobility. The peerage system
creates an aristocratic network of families outside the royal family;
those might, at different points in history, come with an obligation
to supply military forces to the king, or with a seat in government.
Titles in the peerage system include duke, marquess, earl, viscount,
and baron. They are historically passed down to future generations,
as fans of Bridgerton or Downton Abbey well know.
Go down a level and you get to those who have lesser titles granted
by the government, generally referred to as "Sir" or "Dame." There
are the baronets, who are kind of a weird outlier, given that they're
referred to as "Sir" as well, but also pass that title to eldest
sons. They're the gibbons of the aristocracy--not really a great ape
like the chimpanzee, but certainly not a monkey.
The Court of the King's Bench, Westminster, 1804. The Court
of the King's Bench, Westminster, 1804. The Print Collector / Getty
Images
Another step down is the knights. Prior to around 1000, the word
"knight," or its equivalents such as knaegt, kneht, and cniht, had no
noble connotation; it just referred to a professional soldier. The
best of those soldiers were sometimes given land or money by lords,
and slowly they began to enter noble society. If a lord wanted to
hire a bunch of mercenaries to defend or attack or invade, knights
could provide that, at a cost. Eventually the social distinction
between the two was fairly slim. Knights, after all, had to be
wealthy and command their own soldiers.
During the Crusades, as roving bands of knights became a social
problem, the Catholic Church embarked on a quest to set up some kind
of social restraint through a chivalric code. It worked, kind of.
Knights weren't restrained, exactly, but some did acquire wealth and
social status. During the 13th century, the role and position of
knighthood really changed as the ideal of chivalry took hold. Knights
became an elevated class of their own.
This is where esquires come into play. The word itself derives from
Old French, and in turn from Latin, where it means something like
"shield-holder." In the 1200s and 1300s in England, a variety of
languages were used, so such figures might be referred to as the
Latin armiger ("arms-holder,") or scutifer ("shield-bearer"), or the
French escuier, which became "esquire." These terms all refer to
roughly similar people. This role was generally considered moderately
prestigious for young men of some wealth, but at its core it was a
service job. You carry a knight's stuff, tend to his horses, that
kind of thing. "Esquire" and "squire" were names for the same gig for
a few hundred years.
A medieval knight and squire, as described in Geoffrey Chaucer's
The Canterbury Tales. A medieval knight and squire, as described
in Geoffrey Chaucer's The Canterbury Tales. Walker Art Library /
Alamy
In 1363, the esquire's place as a respectable social rank was
codified in the Sumptuary Laws, which were essentially a huge list of
what different groups of people could and could not wear. That list
included esquires as a social group, alongside gentlemen and anyone
else below the level of knight who actually had money and land. This
was the same time that the idea of a gentry emerged in England:
People who are not noble, but certainly not peasants, either. They
were people worthy of being ranked above somebody in the social
hierarchy.
So esquire had come to suggest moderate respectability with a dash of
prestigious servitude. By the 1500s, knighthood no longer necessarily
had any connection to soldiering and had begun to be used simply as
an honorific, a nice title a sovereign could hand out to pals. A
similar process occurred for esquire, and divorced it from its roots.
By 1586, a writer named John Ferne had already described the term as
basically meaningless and kind of annoying, used by rich guys who
wanted to seem noble-adjacent.
Successive writers tried to pin down what it actually meant, with no
great success. Ferne, who was himself also a lawyer, noted that it
was often used by those in the legal profession. Later definitions
suggest someone adjacent to power, maybe the son of a knight or the
younger son of a titled noble who would receive no other title of his
own. But also, consistently, it included someone in a legal
profession: a justice of the peace, a barrister, a sergeant-at-law.
It was never recorded, explicitly, why this might be.
Successive writers tried to pin down what the title "Esquire"
actually meant, with no great success.
"Esquire" soon migrated across the Atlantic. Virginia's Colonial
Council, which held meetings just before the signing of the
Declaration of Independence, used a variety of noble-sounding but not
actually noble titles for its members, including "The Honourable"
and, of course, "Esquire." It also continued to be used for
law-adjacent Americans; such as a justice-of-the-peace esquire from
1797.
Over the following two centuries, "Esquire" began to fade in the
United Kingdom. In the 20th century, the country slowed and then
stopped giving out hereditary titles; the last one granted was in
1984. Social changes--immigration, new forms of wealth besides land
ownership, fame and adulation going to entertainers and athletes
instead of merely the obscenely wealthy--left the aristocracy intact,
and rich as hell, but no longer at the forefront of social
consciousness. "Esquire," as it had become a term of straining toward
nobility, became less useful.
In the United States, though, it persisted, specifically in its
connection with the legal profession. This profession is largely
state-regulated, and most states don't really care about the use of
the term by people in or out of the profession. Some states have
penalized people for it, though. In California, Arizona, and the
District of Columbia, local bar associations have penalized or
advised against any non-lawyer (or suspended lawyer) from appending
"Esquire" to their names, as it may erroneously signal the capacity
to practice law.
It's possible one or both of these men calls himself "Esquire." It's
possible one or both of these men calls himself "Esquire." rubberball
/ Getty Images
American lawyers all could call themselves "Esquire," inasmuch as
anyone can, and for lawyers it wouldn't be misleading. But not many
do. "There's not a huge amount of debate, but when it does come up,
there's a sense that this is a kind of archaic term, it's somewhat
embarrassing," says Silversmith. "It's something where, in my
personal experience, I would never use it. It would be horrifically
pretentious to do that."
But lawyers, unlike doctors (medical or otherwise), have no other
title-based way to signal what they do, or, to be somewhat
uncharitable, that what they do is special, and therefore that who
they are is important. Lawyers are simply not conferred a title when
they pass the bar. "Esquire" steps in there, but the very fact that
it is optional conveys a sense of self-marketing that many lawyers
may find unbecoming. That sense, though, is perfectly in line with
how the term has always been used.
Despite all these facts--that "Esquire" is not a title of nobility,
that it does not necessarily refer to lawyers, and that the "missing"
Thirteenth Amendment was never ratified in the first place--the
anti-authoritarian cause still pops up from time to time. It is an
early populist meme of the internet age, one that took root in
message boards and forums, picking up some minor momentum despite
being both impractical and wrong. Today, of course, when the power of
these memes actually invaded the halls of American power, the
arguments of the Thirteenthers seem almost quaint.
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