peers of Great
Britain, who, though generally titular lords, are only esquires in the
law, and must so be named in all legal proceedings[x]. As for
_gentlemen_, says sir Thomas Smith[y], 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 port,
charge, and countenance of a gentleman, he shall be called master, and
shall be taken for a gentleman. A _yeoman_ is he that hath free land
of forty shillings by the year; 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_[z].

[Footnote s: 2 Inst. 668.]

[Footnote t: _Ibid._]

[Footnote u: 2 Inst. 667.]

[Footnote w: Gloss. 43.]

[Footnote x: 3 Inst. 30. 2 Inst. 667.]

[Footnote y: Commonw. of Eng. book 1. c. 20.]

[Footnote z: 2 Inst. 668.]

THE rest of the commonalty are _tradesmen_, _artificers_, and
_labourers_; who (as well as all others) must in pursuance of the
statute 1 Hen. V. c. 5. be stiled by the name and addition of their
estate, degree, or mystery, in all actions and other legal
proceedings.

CHAPTER THE THIRTEENTH.

OF THE MILITARY AND MARITIME STATES.

THE military state includes the whole of the soldiery; or, such
persons as are peculiarly appointed among the rest of the people, for
the safeguard and defence of the realm.

IN a land of liberty it is extremely dangerous to make a distinct
order of the profession of arms. In absolute monarchies this is
necessary for the safety of the prince, and arises from the main
principle of their constitution, which is that of governing by fear:
but in free states the profession of a soldier, taken singly and
merely as a profession, is justly an object of jealousy. In these no
man should take up arms, but with a view to defend his country and
it's laws: he puts not off the citizen when he enters the camp; but it
is because he is a citizen, and would wish to continue so, that he
makes himself for a while a soldier. The laws therefore and
constitution of these kingdoms know no such state as that of a
perpetual standing soldier, bred up to no other profession than that
of war: and it was not till the reign of Henry VII, that the kings of
England had so much as a guard about their persons.

IN the time of our Saxon a