The Truth Behind This Legal Title
Chances are, if you work with lawyers on a regular basis, that at some point you’ve seen the designation “Esq.” or “Esquire” on stationery or a business card. What is an esquire? What is the origin of the term? And how has it been defined over time? Are there restrictions on who can use it?
The Origins of the Esquire
According to scholars, the term “squire” comes from the Latin word scutum, which is loosely defined as “shield.” In medieval history, when knights traveled about the country, they commonly had a shield-bearer leading their entourage. That shield-bearer, typically someone who hoped to one day be a knight himself, was referred to as a “squire.” For most of the Middle Ages, the term “squire” was used universally. Around the 15th century, however, the term “esquire” came into more common usage.
As knights began to disappear from the landscape, the British aristocracy co-opted the term esquire, viewing themselves as “shield-bearers” of a different sort. Those within the aristocracy were granted coats of arms they would display on a shield or escutcheon. The term “esquire” was reserved for individuals who were not initially members of the nobility but who received their titles through a royal grant. Specifically, the term “esquire” was used by those nobles who had no other title, such as duke, viscount, earl, marquis, or baron. Historians acknowledge that, because of uncertainty about the titles of lower ranking nobility, it became common to use esquire with respect to anyone of high birth, or of high education or professional accomplishment.
The Changing Definition of Esquire Over Time
Throughout the ages, there have been attempts to define who qualifies to use the term esquire. As early as 1586, Sir John Fearn wrote that an esquire could be created by birth, dignity, or office. Among those who could use the title were officers of justice or in the government, sheriffs, and the eldest born of a baron or knight. In 1623, Sir William Camden identified esquires as:
- The eldest sons of knights and their issue forever, as well as the eldest sons of younger sons of nobility
- Those granted the title by the king
- Justices of the peace
In 1830, Burn Chitty & Black defined the term “esquire” to include barristers, but not solicitors. In the U.K., barristers are legal professionals who specialize in courtroom advocacy. Solicitors may represent clients in court but typically defer to barristers for more complex proceedings. In 1894, James Parker also included “barristers at law” among esquires.
The Oxford Dictionaries now distinguish between the term’s usage in England and in the United States:
- British usage allows the term when no other title is used, primarily as an expression of politeness or honor.
- American usage signifies that the person is an attorney, and is gender neutral.
Is Use of the Term Limited in the United States?
Legal scholars point out that the term “esquire” can be co nstrued to convey a title of nobility, which is prohibited by the U.S. Constitution. However, because use of the term to denote nobility declined substantially in the late 19th century, it is now commonly considered to refer only to lawyers in the U.S. As such, it’s not in violation of the Constitution. It’s important to note, though, that the term esquire is, by convention, commonly used only to refer to individuals who have passed the bar and become licensed to practice law. You don’t earn the designation esquire simply by making it successfully through law school.