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A16306 The cities aduocate in this case or question of honor and armes; whether apprentiship extinguisheth gentry? Containing a cleare refutation of the pernicious common errour affirming it, swallowed by Erasmus of Roterdam, Sir Thomas Smith in his common-weale, Sir Iohn Fern in his blazon, Raphe Broke Yorke Herald, and others. With the copies of transcripts of three letters which gaue occasion of this worke. Bolton, Edmund, 1575?-1633?; Philipot, John, 1589?-1645, attributed name. 1629 (1629) STC 3219; ESTC S106271 30,252 83

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THE CITIES ADVOCATE IN THIS CASE OR QVEstion of Honor and Armes Whether Apprentiship extinguisheth Gentry Containing a cleare Refutation of the pernicious common errour affirming it swallowed by Erasmus of Roterdam Sir Thomas Smith in his Common-weale Sir Iohn Fern in his Blazon Raphe Broke Yorke Herald and others With the Copies or Transcripts of three Letters which gaue occasion of this worke Lam. Ierem. cap. 3. ver 27. Bonum est viro cum portauerit jugum ab adolescentia sua LONDON Printed for William Lee at the Signe of the Turkes Head next to the Miter and Phoenix in Fleet street Monsieur FLORENTIN de THIERRIAT Escuyer Seigneur de LOCHEPIERRE LONOVET SAINCT NAVOIR RAON AV. BOYS c. De la Noblesse de Race Num. 99. En matiere de Noblesse il faut obseruer la Coustume du lieu et les moeurs des peuples dautant que les uns estiment une chose honneste et Noble que les autres tiennent pour sordide et dishonneste Num. 118. Les choses que derogent a la Noblesse qu'il faut tousiours mesurer sur les Coustumes des lieux parce qu'un peuple approuue souuent un exercice pour honneste qu'un autre defend et prohibe comme sordide et uicieux au Gentilhomme HONORATISSIMO SENATVI POPVLO QVE AVGVSTAE VRBIS LONDINENSIS RIGHT HONORABLE THe Author of this work styling himselfe according to the nature of his part therein THE CITIES ADVOCATE after tenne or twelue yeares space from the first date of the accomplishment resoluing at last to permit the edition doth reuerently here aduance and present to the honorable good acceptance of your Lordship of all the Lords and other the worthy persons to whom in the qualitie of the cause the consideration reacheth The cleare refutation of that pestilent error which hauing some authority for it and many iniurious partakers layes vpon the hopefull and honest estate of APPRENTISHIP in LONDON the odious note of bondage and the barbarous penaltie of losse of Gentry to the great reproach of our Kingdomes policie and to the manifold damage of the publike In this one act of his the Aduocate therefore doth not onely seeme to be the Patron or Defendor of birth-rights and of the rights of fortunes but the Champion also of ciuill Arts of flourishing Industrie among you the sinewes and life it selfe of Common-weale The occasion which induced him to enter the lists single against a multitude in this good quarell was priuate as appeares by the Letters at the end of the worke but the cause is absolutely such according to his best vnderstanding as he should not refuse to abett second with his sword the strokes of his pen to that purpose For though the Schooles and Camp are most proper for Honor and Armes yet the ancient wisedome and the like ancient bounty of our Sages did euer leaue the gates of Honor open to City-Arts and to the mysteries of honest gaine as fundamentall in Common-weale and susceptiue of externall splendor according to the most laudable examples of rising Rome vnder her first Dictators Consuls By which their such moderation and iudgement they happily auoided two opposite rockes tyrannicall appropriation of Gentry to some certaine old families as in Germanie and the confusion of allowing hereditarie Noblenesse of Gentry to none at all as vnder the Sultan in Turkey With how true and entire a good will this free seruice is performed by the Author may easily be gathered from hence that hee willingly giues the obliuion of his owne name into the merit conscience of the fact sufficing Now for him to informe your Lordships and the rest out of the title de origine iuris in Caesarean Lawes how the noble people of oldest Rome accepted the booke which Gnaeus Flauius dedicated to their name and vses what were it else but inofficiously to dictate your part and not humbly to offer his owne which neuerthelesse here he most officiously doth being truly able to say vpon his owne behalfe that he hath purloined no mans labours as that Flauius did but is through all the true and proper owner The Author is your humble seruant Valete in Christo Iesu. XI Cal. Nouember MCICXXVIII To the Gentlemen of ENGLAND in generall BE not displeased with this bold enterprise as if it were in fauour of the euill manners of a multitude who passe vnder the title of APPRENTISES For neither the incorrigibly vicious who are pestilent to morall and ciuill vertue nor the incorrigibly forgetfull of their betters whom insolencie maketh odious haue any part herein at all For first it wholly belongs to such among masters or Citizens as are generously disposed worthily qualifide men who say with Publius Syrus Damnum appellandum est cum mala fama lucrū and then to such among Apprentises as resemble Putiphars chaste Ioseph or Saint Pauls conuerted Onesimus yongmen who say with Statius Caecilius in his Plotius Libere seruimus salua vrbe atque arce meaning by the Citie and the Citadel the bodie and the head of man Valete To the happie Masters of Laudable Apprentises in LONDON RIght worthy Citizens you shal not for this worke finde your honest seruants the lesse seruiceable but the more For in good bloods and good natures praise and honor preuaile aboue rigour and blowes And because your selues for the most part were Apprentises once you may therefore behold herein with comfort the honesty of your estate when you were such and the splendour of what you are now in right The vnthankefull if any such should happen to rankle among you may be warn'd that the iuyce of Ingratitude doth forfeit libertie and that they are truly bondmen if not according to the letter nor in their proper condition yet according to the figuratiue sense and in their improper basenesse VALETE TO THE MODEST APPRENtises of LONDON Schollars and Disciples in Citie-Arts during their seuen or more yeares Nouiceship THe principall obiection against publishing either this or any other booke of like argument hath alwayes beene grounded by the most wise and noble vpon a feare that the insolencies of the youth and irregular frie of the Citie would thereby take encrease which hauing heretofore beene intollerable in common pollicie and in no little measure scandalous to the Kingdome were hatefull to cherish or to giue the least way vnto But it hath alreadie beene elsewhere answered that those Apprentises are of the dreggs and branne of the vulgar fellowes voyd of worthy blood and worthy breeding and to speake with fit freedome no better then meerly rascall the ordinary balls plaid by the hand of Iustice into the Bridewells in or about the Citie yea perhaps not Apprentises at all but forlorne companions masterlesse men tradelesse and the like who preying for mischiefe and longing to doe it are indeed the very Authors of all that is vile discourteous to honorable all trauelling strangers ought to be generally vsed as such rude towards Natiues seditious
are those foulest ones slaues and villaines that Apprentises be but for a time certaine An ouersight which I could haue wished far off from so graue and learned a Gentleman as that Knight who was of priuy Counsell in the place of Secretarie to Queene Elizabeth Againe that which did constitute a bondman among the old Romans was such a power and right vested in the Lord ouer the very body of his bondman or slaue as descending to him vnder some receiued title or other iure gentium was maintained to him iure ciuili Romanorum By vertue whereof he became proprietarie in the person of his bondman as in the body of his oxe horse or any other beast he had which proprietariship was indeterminable but only by manumission and that act meerely depended vpon the will of his Lord without any endentment or condition on behalfe of the slaue which a right Roman would neuer endure to heare of from his bondman Finally which in the qualitie of that seruitude was most base seruus among them nullum caput habuit had no head in law and neither was in censu nor in lustro condito asmuch to say that they were out of the number of men their names being neither put as among such as had wherewith to pay in the Rolles of their Exchequer or tables of their Capitol nor as bodies wherewith to serue in the generall musters of their Commonweale but to bee briefe were reputed ciuilitèr mortui dead in Law death and bondage being alike among them without any more reputation of being members in the body politique then brute cattell for bondmen were reputed no body serui pro nullis habiti And albeit the authority of the commonweale vpon this good ground of State interest reipublicae ne quis re sua male vtatur and the Maiestie of Soueraigne Princes meerly as in honor and as moued with commiseration of humane miseries did sometime interpose it selfe vpon iust causes as where the Lord did immeasurably tyrannise or the bondman tooke Sanctuary at the Emperours statue and image or at the altar of some one or other of their gods an example whereof is in Plautus yet the bondman after manumission continued in such relation to his late Lord that in certaine cases as ingratitude he who was once enfranchised was adiudged backe to his patron and condemned againe to a farre more miserable seruitude then euer These things considered and nothing being like in Apprentiship who liues so carelesse of the honour of the English name as to bring the disciples of honest Arts and Schollers of mysteryes in ciuill trade and commerce for vertuous causes all called by the faire title of Apprentises into the state or qualitie of bondmen Faire I call it because that title is common to them with the Inns of Court where Apprentises at Law are not the meanest Gentlemen Apprentiship therefore is no voluntarie bondage because it is no bondage at all but a title onely of politicke or ciuill discipline Apprentiship therefore doth not extinguish Gentry So then Apprentises whether Gentlemen of birth or others whatsoeuer their Indentures doe purport and howsoeuer they seeme conditionall seruāts are in truth not boūd to do or to suffer things more grieuous then yong souldiers in armies or schollers in rigorous schooles or nouices in nouiceships each of whom in their kind vsually do and suffer things as base and vile in their owne quality simply in themselues considered without respect to the finall scope or aime of the first institution as perhaps the very meanest of fiue thousand Apprentises in London The finall cause therefore of euery ordination qualifies the course and the end denominates the meanes and actions tending to it For if that be noble no worke is base prescribed in ordine or as in the way to that end Though abstracting frō that consideration the worke wrought in the proper nature of it be seruile As for a souldier to dig or carie earth to a rampire or for a student to goe bare-headed to a fellow of the house within the Colledge as far off as he can see him omitting the more deformed necessitie of suffering priuate or publike disciplines or for a nouice in a nouiceship to wash dishes or the like seeming-base workes as by report is vsuall If then the generall scope or finall reason of Apprentiship be honest and worthy of a Gentlemā as will appeare hereafter that it is what can be clearer then that Apprentiship doth not extinguish Gentry I am the more feruent in this case because this one false conceit at all times hurtful but chiefly in these latter times in which the meanes of easie maintenance are infinitely straitned that for a Gentleman borne or one that would aspire to bee a Gentleman for him to be an Apprentise to a Citizen or Burgensis is a thing vnbeseeming him hath fill'd our England with more vices and sacrificed more seruiceable bodies to odious ends and more soules to sinfull life then perhaps any one other vnciuill opinion whatsoeuer For they who hold it better to rob by land or sea then to beg or labour doe daily see and feele that out of Apprentises rise such as sit vpon them standing out for their liues as malefactors when they a shame and sorrow to their kinred vndergoe a fortune too vnworthy euen of the basest of honest bondmen The Contents of this second part 1 APprentiship a laudable policie of discipline not a bondage The contrarie opinion ouer throwes one maine pillar of Commonweale Seueritie of discipline more needfull to be recalled then relaxed 2 The aduersaries conceipts brand our founders Mechanicall qualities Gods speciall gifts 3 Of Tubal-Cain and the dignitie and necessitie of crafts Hiram the brasse founder S. Pauls handy Art and the cause shewed out of the Rabbins Of other ennoblements touching them 4 The wisedome of instituting Apprentiship defended by the argument a minori ad maius 5 London the palace of thriuing Arts. Concerning Hebrew bondmen The qualitie of Masters power ouer Apprentises Masters nos Lords but Guardians and Teachers rather 6 The aduersaries manifest follie Of corruption in blood the onely meanes of extinction and disenablement to Gentry Of bondmen or villaines in England The Second Part. THese things considered how should it fall into the minde of any good or wise discouser That Apprentises are a kind of bondmen and consequently That Apprentiship extinguisheth natiue Gentry and disenableth to acquisitiue For if that opinion bee not guilty of impiety to our Mother Countrey where that laudable policie of Apprentiship necessary for our nation is exercised as a point of seuere discipline warrantable in Christianitie certainly it hath in it a great deale of iniurious temeritie and inconfiderance and why not impietie also if they wilfully wrong the wisdome of England their naturall common parent whose children are free-borne Surelie notorious inconsiderance is apparent because there are but two maine pillars of Common-weale PRAEMIVM PAENA Reward and
among their owne and villanous euerywhere But you none of that caitiue and vntrustie number are the parties for whom this labour hath been vndergone whose behauiours full of gentlenesse and of bounden dutie to superiors commend you to the present times and maintaine in you that stocke of good hope out of which are in due time elected those successions of the whole which make the politicall bodie or state of a Citie immortall Thinke therefore with your selues that by how much this most friendly office tends to your more defence and praise by so much you are the more bound to beare your selues honestly and humbly In your so doing the Citie of London which before Rome it self was built was rockt in a Troian Cradle by the founder and Father thereof as the most ancient extant monuments setting all late phansies aside beare witnesse heroicke Brute or Brytus vnder Claudius Caesar the Metropolis of the Trinobants vnder other Caesars afterwards Augusta or the maiesticall Citie which for hugenesse concourse nauigation trade and populosity very hardly giuing place to any one in Europe doth absolutely excell all the Cities of the world for good gouernment or at least doth match and equall them that very London so venerable for the antiquitie so honorable for the customes so profitable for life noble in renowne euen beyond the names both of our Countrey it selfe and of our nation the birth-place of Constantine the Great and inmost recesse or chamber of her Kings that very City that very London whether your locall parent or louing foster-mother shall not grace or honor you more then you shall grace and honor her and England also VALETE From Sir WILLIAM SEGAR Knight GARTER principall King of Armes of ENGLAND a speciall Letter to the Author concerning the present worke Sir I Haue viewed and reuiewed your book with good deliberation and find that you haue done the office of a very worthy Aduocate to plead so well for so famous a Client as the City of London in her generality which as I gratulate vnto her and to all interessed parties so I shall much more gratulate to her and you the honour and vse of so faire a labour if I may once see that publike And for my part considering that you define nothing but lye onely vpon the defensiue and affirmatiue against assaylers and denyers with due submission for the iudiciall part to the proper Court of Honor the illustrious high I see no cause why your learned worke may not receiue the glory of publike light and that most renowned Citie the benefit of honors encrease for incouragement of enriching endustrie And so with my hearty respects I rest Your very louing friend WILLIAM SEGAR Garter THE TRVE COPIES OF the Letters mentioned after the Booke The first letter from the Citizen in the behalfe and cause of his eldest sonne to a speciall friend of whose loue and learning he rested confident Right Worthy Sir IF hauing beene at no small charge and some care to breed my sonne vp in Gentleman like qualities with purpose the rather to enable him for the seruice of God his Prince and Countrey I am very curious to remoue from him as a Father all occasions which might either make him lesse estemed of others or abate the least part of his edge I say not towards the honesty of life onely but towards the splendor thereof and worship also my hope is that I shall not in your worthy iudgement seeme either insolent or vaine glorious Truth and Iustice are the onely motiues of my stirring at this present For as I mortally hate that my Son should beare himselfe aboue himself so should I disclaime my part in him if being vniustly sought to be embased he sillily lost any inch of his due He hath beene disgraced as no Gentleman borne when yet not hee but I his Father was the Apprentise thankes be to God for it They cannot obiect to him want of fashion they cannot obiect to him the common vices badges rather of reprobates then of Gentlemen They cannot obiect to him cowardise for it is well knowne that he dares defend himselfe nor any thing else vnworthy of his name which is neither new nor ignoble But mee his poore father they obiect vnto him because I was once an Apprentise Wise Sir Thomas Moore teacheth vs vnder the names and persons of his Eutopians that victories and atchieuements of wit are applauded farre aboue those of forces and seeing reuerence to God to our Prince commandeth vs as his Maiesties booke of Duells doth affirme not to take the office of iustice from Magistrates by priuate rash reuenges I haue compelled my sonne vpon Gods blessing and mine to forbeare the sword till by my care he may be found not to be in the wrong For if it be true that by Apprentiship we forfeit our titles to natiue Gentrie God forbid that my sonne should vsurpe it And if it be not true then shall be haue a iust ground to defend himselfe and his aduersaries shall stand conuicted of ignorance if not of enuie also These are therefore very earnestly to pray you to cleare this question For in the City of London there are at this present many hundreds of Gentlemens children Apprentises infinite others haue beene and infinite will be and all the parts of England are full of families either originally raised to the dignity of Gentlemen out of this one most famous place or so restored and enriched as may well seeme to amount to an originall raising And albeit I am very confident that by hauing once beene an Apprentise in London I haue not lost to be a Gentleman of birth nor my sonne yet shall I euer wish and pray rather to resemble an heroicke Walworth a noble Philpot an happie Capel that learned Sheriffe of London Mr. Fabian or any other famous Worthies of this royall City out of any whatsoeuer obscurest parentage then that being descended of great Nobles to fall by vice farre beneath the rancke of poorest Prentises In requitall of your care in this point you shall shortly receiue if I can obtain my desire out of the records monuments of London a Roll of the names and Armes of such principall friends as haue beene aduanced to Honor and Worship throughout the Realme of England from the degree of Citizens A warrantable designe by the example of the Lord chiefe Iustice Cooke who hath bestowed vpon the world in some one or other of his bookes of reports a short Catologue of such as haue beene eminently beholding to the Common Lawes and if I should faile in that yet doe I promise you a list or Alphabet of Apprentises names who by their enrollments will appeare vpon good Record to haue beene sonnes of Gentlemen from all the parts of England Neither let your approued vertue doubt but that in the meane time you shall finde vs very ready to shew our free and honest mindes in all commendable and disenuious emulations with the best
important for very many other reasons and particularly because it is not onely fit that states of opinions should be rectified in this kinde as breeding bad affections among people of the same nation from whence great mischiefes often rise euen to hatred quarrels and homicides but that such also as through vanity or other sicknesse of the wit or iudgement disdaine to seeme either Citie-borne or Citie-bred or to owe any thing of their worship or estate either to the City or to Citizens may vnderstand their owne place and true condition lest they be conuinced to be among them who are vnworthy of so honest either originall or accession as the Citie yeeldeth But let vs first behold the Cities Honour in Armes as it stands displayed in ancient Heraldry and as it is commented vpon out of authenticke Monuments in that worthily well commended Survey of LONDON composed by that diligent Chronologer and vertuous Citizen M. Iohn Stowe The present figure with the same words as here they stand is a copy of that which an old imperfect larger volume at the Office of Armes containeth 〈◊〉 BADGES LONDON OF THE CITIE OF LONDON THE LORD FITZ-WALTER BANNERER There needs no greater demonstration of the Cities ancient honor and of her peoples free qualitie then this that a principall Baron of the Realm of England was by tenure her Standard-bearer The figure of St. Paul titularie patron of London aduanced it selfe in the Standard and vpon the shield those famous well-knowne Armories of the Crosse and Weapon The like picture of which Apostle was also embroidered in the caparisons of that horse of warre which for the purpose of the Cities seruice he receiued of gift at the hands of the Lord Maior Vpon the Standard-bearers coat armour are painted the hereditarie ensignes of his owne illustrious Familie that is to say Or a Fesse betweene two Cheuerns Gules Which kind of field the ancients called Claurie perhaps à claritate because such fields as were all of one colour made their charges the more clearely seene and perspicuous And as they gaue to that species of blazon a peculiar name for the dignitie so did they also assigne to this manner of bearing two Cheuerns the terme Biallie or a coat Biallie a numero binario In which braue times had that noble Gentleman but slightly and farre off suspected that he displayed that banner for a kind of bondmen or as for their seruice his great heroick spirit would rather haue trodden such an office vnder foot In good assurance therefore of this common causes iustice we proceed Sound opinion meaning doctrine is the anchor of the world and opinion meaning a worthy conceit of this or that person is the principall ingredient which makes words or actions relish well and all the Graces are without it little worth To take the fame from any man that hee is a Gentleman-borne is a kind of disenablement and preiudice at leastwise among the weake who consider no further then seemings that is to say among almost all Consequently a wrong And if a wrong then due to be redressed To find iniurie we must first enquire Whether Apprentiship extinguisheth Gentrie 4 The maine reason certainly the most generall vsed to proue that it doth is That Apprentiship is a kinde of bondage and bondage speciallie voluntarie in which case the Imperiall law-rule non officit natalibus in seruitute fuisse may bee perhaps defectiue extinguisheth natiue Gentrie But I denie that Apprentiship is either vera seruitus or omnino servitus For explication of this difficultie I will set before your eyes the case as it is A Gentleman hath a sonne whom he meanes to breed vp in an Art of thrift not rising meerely out of a stocke of wit or learning but out of a stocke of money and credit managed according to that Art and for this cause hee brings his child at 15. or 16. yeares old more or lesse to the Citie of London prouides him a Master and the youth by his fathers counsel willingly becomes an Apprētise that is to say interchangeably seales a written contract with his Master by an indented instrument That he for his certaine yeares true and faithfull seruice shall learne that precious mystery of how to gaine honestly and to raise himselfe Let the legal and ordinarie forme of that instrument extant in Wests Precedents and familiar euery where be duly pondered and it will appeare a meere ciuill contract which as all the world knowes a bondman is vncapable of If you would know vnder what kinde or species of contract that doth fall I answer That it seemes to be a contract of permutation or interchange In which mutuall obligation or conuention the act of binding is no more but that as reason and iustice would the Master might be determinately for the time and sufficiently for the manner sure to enioy his Apprentise Apprētiship being therfore but an effect of a ciuill contract occasioned and caused by that prudent respect which the Contrahents mutually haue to their lawfull and honest commodity and such onely as are free-borne being capable to make this contract with effect Apprentiship doth not extinguish Gentry On the contrarie it is vrged That although Apprentiship bee not a true bondage to all constructions and purposes yet that it is a temporary bondage and equall for the time it lasteth to very seruitude In which opinion Erasmus is making his Etymologie of our Prentises to be for that they are like to such as are bought with money pares emptitijs which conceipt as it is more literate then happie so if it were set to sale would find few Chapmen but to laugh at it For Erasmus is aswell proued to be errans mus in obscurorum virorum Epistolis as Apprentises in England to be pares emptitijs But we absolutely deny that Apprentiship is in any sort a kinde of bondage For notwithstanding that to proue it be so they make a parallel between the ancient Roman seruitude and the London apprentiship yet will these comparata be found disparata if not disparatissima For seruus among the old Romans was so called of seruando of preseruing or sauing and not of seruiendo of seruing saith the Law-maker himselfe the Emperor Iustinian But the word Apprentise commeth of Aprenti the French word a raw souldier or young learner Tyro rudis discipulus or of the French verbē which signifies to learne or of the Latine word apprehendo or apprendo which properly is to lay hold of and translatiuely to learne which deriuations are consonant to the thing and true howsoeuer Sir Thomas Smith in his bookes de Republica Anglorum not remembring to distinguish betweene seruitude and discipline bondage and regular breeding iniuriously defined them to be a kind of bondmen meaning meere slaues and not as in some places of England bondsmen are taken for such as are in bonds for actionable causes and such bondmen as differ onely thus from very bondmen whose like words for signification