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Commentaries on the Laws of England; in Four Books. by Sir William

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Commentaries on the Laws of England; in Four Books. by Sir William Chap. 12.] OF THE CIVIL ST.A.TE. 3DG Chap. 12.] OF THE CIVIL STATE. 395 ish clerk was formerly very frequently in holy orders, and some are so to this ish clerk was formerly very frequently in holy orders, and some are so to this day. He is generally appointed by the incumbent, but by custom may be day. He is generally appointed by the incumbent, but by custom may be chosen by the inhabitants; and, if such custom appears, the court of king's chosen by the inhabit.ants ; and, if such custom appears, the court of king's bench will grant a mandamus to the archdeacon to swear him in, for the estab- bench will grant a mandamus to the archdeacon to swear him in, for the estab­ lishment of the custom turns it into a temporal or civil right, (i) lishment of the custom turns it into a temporal or civil right. (i) CHAPTER XII. OF THE CIVIL STATE. THE lay part of his majesty's subjects, or such of the people as are not com- prehended under the denomination of clergy, may be divided into three distinct states, the civil, the military, and the maritime. That part of the nation which falls under our first and most comprehensive division, the civil state, includes all orders of men from the highest nobleman CHAPTER XIL to the meanest peasant, that are not included under either our former division, of clergy, or under one of the two latter, the military and maritime states: and OF THE CIVIL STATE. it may sometimes include individuals of the other three orders; since a noble- man, a knight, a gentleman, or a peasant, may become either a divine, a soldier, THE lay part of his majesty's subjects, or such of the people as are not com­ or a seaman. prehended under the denomination of clergy, may be divided into three distinct The civil state consists of the nobility and the commonalty. (1) Of the states, the civil, the military, and the maritime. nobility, the peerage of Great Britain, or lords temporal, as forming, together That part of the nation which falls under our first and most comprehensive with the bishops, one of the supreme branches of the legislature, I have before division, the civil state, includes all orders of men from the higheat nobleman sufficiently spoken: we are here to consider them according to their several to the meanest pe.asant, that are not included under either our former division, degrees, or titles of honour. of clergy, or under one of the two latter, the military and maritime states: and All degrees of nobility and honour are derived from the king as their foun- it may sometimes include individuals of the other three orders; since a noble­ tain : (a) and he may institute what new titles he pleases. Hence it is that all man, a knight, a gentleman. or a peasant, may become either a divine, a soldier, degrees of nobility are not of equal antiquity. Those now in use are dukes, or a seaman. marquesses, earls viscounts and barons. (5) (2) The civil state consists of the nobility and the commonalty. (1) Of the *1. A duke, though he be with us, in respect of his title of nobility, r *ogiy -i nobility, the peerage of Great Britain, or lords temporal, as forming, together inferior in point of antiquity to many others, yet is superior to all of "- "' ' ' I them in rank; his being the first title of dignity after the royal family, (c) with the bishops, one of the supreme branches of the legislature, have before Among the Saxons, the Latin name of dukes, duces, is very frequent, and* sig- sufficiently spoken: we are here to consider them according to their several nified, as among the Romans, the commanders or leaders of their armies, whom, degrees, or titles of honour. in their own language, they called Jjejiocoja j (d) and in the laws of Henry All degrees of nobility and honour are derived from the king as their foun­ I, as translated by Lam bard, we find them called hereiochii. But after the Nor- tain: (a) and he may institute what new titles he pleases. Hence it is that all man conquest, which changed the military polity of the nation, the kings degrees of nobility are not of equal antiquity. Those now in use are dukes, themselves continuing for many generations dukes of Normandy, they would marquesses, earls viscounts and barons. (b) (2) (i) Cro. Car. 889. (a) 4 lust. 863. *I. A duke, though he be with us, in respect of his title of nobility, [ •397 ] (6) For the original oftbese titles on tbe continent of Europe, nod their subsequent introduction Into this inferior in point of antiquity to man1 others, yet is superior to all of island, see Mr. Selden's Titles of Honour. them in rank; his being the first title of dignity after the royal family. (c) (c) Camden, Britan. lit. Ortlinet. Among the Saxons, the Latin name of dukes, duces, is very frequent, and sig­ (a) This is apparently derived from the same root as tho German hertsogeti. the ancient appellation of nified, as among the Romans, the commanders or leaders of their armies. whom, (hikes In that country. Sold. tit. Hon. 2, 1, 12. in their own language, they called .heJllcop; (d) and in the laws of Henry (1) A decided jealousy of titles, as inconsistent with our institutions and dangerous to lib' I, as transia.t.ed by Lam bard, we find them called heretockU. But after the Nor­ erty, has always appeared in America. By the constitution of the United States, both the man conquest,_ which changed the military polity of the nation, the kings national and state governments are forbidden to grant titles of nobility. Art. 1, $§ 9 and 10. themselves continuing for many generations dukes of Normandy, they would And no person holding any office of profit or trust under the United States, can accept an office or title of any kind, from any king, prince or foreign state, unless by the consent of con- (4) Cro. Car. &89. (a) <l In!t. 1163. ( b) For the original of these t!Ues on the continent or Europe. Mid their subsequent Introduction into this gress. Art. 1, $ 9. Any alien possessing a foreign title, or belonging to an order of nobility, is 111land, eee Mr. 8elrlen's TUlu of HO'IWUr. · required to renounce the same before being admitted to citizenship. Act of Congress of April 14, (c) <.:amden, Britan. Ul. Ordlnu. (di Thi~ ls appanmUy derived fl'om the same root as tho German hertzogen. the &nclent appellation of 1802, 1 Story's Laws, 850. dukes In that country. Seid. tit. Hou. 2, 11 12. Perhaps the jealousy spoken of was never more forcibly illustrated than in the debates in con- gress at the time the government was first put in operation, respecting the proper formula of (1) A decided jealousy. of titles, as inconsistent with our institutions and dangerous to libf address to the president. See 4 Hildreth's U. S. 59; Annals of Congress, vol. 1, pp. $247, 318; erty, ho.i; nlway11 appeared in America. By the constitution of the United State~. both the Benton's Abridgement of Debates, vol. 1, p. 11, et setji national and state govcrnment11 a.re forbidden to grant titles of nobility. .Art. 1, ~§ 9 and 10. (2) See further upon this subject Hallam's ii iilcllr Ages, eh. 2, part 1. .And no pel'!lon holding any office of profit or truRt under the United States, can accert an 251 office or title of any kind, from any king, prince or foreign state, unless by the COl\Bent o con­ gre~. ~.\rt. 1, § 9. Any alien posses~ing a foreign title, or belonging to an order of nobility, is rcquireu to renounce the S11me before being admitted to citizenship. Act of Congress of April 14, 1!30"..!, 1 Story's Laws, 850. Perhaps the jealousy 11poken of we.e never more forcibly ilftistre.ted the.n in the 1fohnte~ in con­ gress at the time the government WM first put in operation, rer1pecting the pmper ti1rrnul11 of addrcR!l to the prcf'ident. See 4 Hildreth'e U. 8. 59; Annals of Congrel!S, Yol. 1, pp. 247, :us; Benton'R Abridg11ment of DebateA, vol. 1, p. 11, et seq, (2) See further upon thl~ ~uhject Hallam's :Middle Agee, eh. 2, part 1. 251 Generated for asbigham (University of Michigan) on 2013-04-29 18:51 GMT / http://hdl.handle.net/2027/nyp.33433008577102 Public Domain, Google-digitized / http://www.hathitrust.org/access_use#pd-google 897 OF THE CIVIL STATE. [Book I. 397 OF THE CIVIL STATE. [Book I. not honour any subjects with the title of duke, till the time of Edward III, not honour any subjects with the title of duke, till the time of Edward III, who claiming to be king of France, and thereby losing the ducal in the royal dignity, (3) in the eleventh year of his reign created his son, Edward the Black who claiming to be king of France, and thereby losing- the ducal in the royal Prince, duke of Cornwall: and many, of the royal family especially, were after- dignity, (3) in the eleYenth year of his reign created his son, Edward the Black wards raised to the like honour. However, in the reign of Queen Elizabeth, A. Prince, duke of Cornwall : and many, of the royal family especially, were afttlr­ D.
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