[e]. There are also a multitude of other petty parochial
powers committed to their charge by divers acts of parliament[f].

[Footnote c: In Sweden they have similar officers, whom they call
_kiorckiowariandes_. Stiernhook. l. 3. c. 7.]

[Footnote d: Stat. 1 Eliz. c. 2.]

[Footnote e: 1 Lev. 196.]

[Footnote f: See Lambard of churchwardens, at the end of his
_eirenarcha_; and Dr Burn, tit. _church, churchwardens, visitation_.]

VIII. PARISH clerks and sextons are also regarded by the common law,
as persons who have freeholds in their offices; and therefore though
they may be punished, yet they cannot be deprived, by ecclesiastical
censures[g]. The parish clerk was formerly always in holy orders; and
some are so to this 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 bench will grant a _mandamus_ to the
arch-deacon to swear him in, for the establishment of the custom turns
it into a temporal or civil right[h].

[Footnote g: 2 Roll. Abr. 234.]

[Footnote h: Cro. Car. 589.]

CHAPTER THE TWELFTH.

OF THE CIVIL STATE.

THE lay part of his majesty's subjects, or such of the people as are
not comprehended 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 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 it may sometimes
include individuals of the other three orders; since a nobleman, a
knight, a gentleman, or a peasant, may become either a divine, a
soldier, or a seaman.

THE civil state consists of the nobility and the commonalty. Of the
nobility, the peerage of Great Britain, or lords temporal, as forming
(together with the bishops) one of the supreme branches of the
legislature, I have before sufficiently spoken: we are here to
consider them according to their several degrees, or titles of
honour.

ALL degrees of nobility and honour are derived from the king as their
fountain[a]: and he may institute what new titles he pleases. Hence it
is that all degrees of honour are not of equal antiquity. Those now in
use are dukes, marquesses, earls, viscounts, and barons[b].

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