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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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in this particular to their louing superiours making humble and wise obedience the glorie of their persons much rather then apparell in the fashion For they who are not ashamed of their profession ought not to be ashamed of the ensignes and tokens of their profession or degree They indeed are out of fashion who are not in that fashion which is proper to their qualitie The flat round Cap in it selfe considered as a Geometricall figure is far more worthy than the square according to that ground in the Mathematicks figurarum spaerica est optima and in Hieroglyphickes is a symbol of eternity and perfection a resemblance of the worlds rotunditie But I will make no encomium for caps This I say that as the square capp is retained not onely in the Vniuersities but also abroad among vs as well by Ecclesiasticall persons in high places as by Iudges of the Land so the round capp being but a note in London of Apprentises and Citizens of London as it is of Students Barresters Benchers and Readers in the Innes of Court so the wearing thereof by Londoners cannot be a reproach but an ornament But communis error facit ius and how freely soeuer these thoughts come from me out of abundant loue to the preseruation of vertue in that most honorable City which ciuill discipline is ablest to doe yet as much pietie as it is to wish the best so great is the vanity to thinke to stoppe the generall streame of predominant custome by priuate wishes Apprentises moreouer and Citizens because they are alwaies conuersant in the light of action and concourse and not shut vp in Colledges for studies sake may thinke by this contrary way the more to honor their Citie and to enioy thēselues 12 Well may they in the meane time blush at their temeritie who by teaching that Apprentises are called Apprentises as if they were pares emptitijs doe dishonour and highly wrong the excellent old policie of this land For they as much as lyeth in the credit of their words most dangerously discourage flourishing Industrie who cast such an aspersion vpon any ciuill profession and order of men assembled to vphold a kingdome by cōmerce according to Iustice as the least conceipt of so hatefull a note as bondage And if it be temeritie to cast it vpon any renowned or other corporation vniustly it is singular iniquitie let it not be called madnesse to lay it vpon London which shines among all Cities within the Empire of Britain velut inter ignes Luna minores The Contents of this fourth part 1 THe Author meanes not to erect a new Babylon by confounding degrees Horaces monster The common lawes distinction 2 Citizens as Citizens not Gentlemen but a particular species The Gentleman the naturall subiect of all Nobilitie The Authors meaning explained Encouragement of honest Industrie Ius annulorum that among the Romans which bearing of Armes among vs. The causes compared The distinction of a meere Citizen Disparagement of Wards how to bee vnderstood in this case King Edward the first his displeasure an efficient of what effects Armories to symbolise with the first bearers quality Antiquities sacred care in point of ennoblements 3 The Authors Apostrophe to Fathers whether they be Gentlemen borne or not No cause why the Great should be ashamed of City-beginnings Martiall vertue principal owner of Armories The Chamber of the King 4 Kings of England ennoble the Companies of London with their persons by a singular fauour Henrie the seuenth his admirable sociabilitie or configuration of himselfe to popular formes Clothworkers his late Maiesties brotherhood 5 London-Companies denominated of their Monopolies but not embased thereby Of Circensian-games and colors Plinius his complaint Gentlemens meanes if properly entituled are as meane as London-Mysteries Nor in that respect any great disparilitie betweene Countrey and Citie-Gentlemen 6 The Ecclipticke line of Londons Zodiacke The minde and not names is essentiall to qualifications 7 The Authors second Apologie for his meaning in this case His scope to beate downe iniurious vanity not to wrong vocations London Companies best so called as they are The first Roman Consul not being a Patrician free of Butchers Where Maiestie is there can be no basenesse The glorie of wit and armes due to London 8 All honest natures loue glorie and no glorie good but as subordained to God The fourth Part. THough thus I haue been the Aduocate and Defender of the credit of the City yet desire I not to be mistaken For it is very far from my thoughts by this Apologie or patronisation to confound degrees in common-weale so to set vp as it were a new Babylon of mine owne I am not ignorant therefore that Citizens as Citizens are not Gentlemen but Cizens To hold otherwise were to take one order or degree of men out of the Realme or like Horaces monster a mans head and a birds bodie to create a thing which had halfe one and halfe another and our lawes giue a proper name both to the tenure and person calling the tenure of Citizens in Cities Burgage and their persons Burgenses among whom the more eminent of them in London had of old not onely the honour of the title of Citizens or Burgesses but of Barons also 2 The ordinarie Citizen therefore is of a degree beneath the meere Gentlemen as the Gentleman is among vs in the lowest degree or classe of Nobilitie in England And all Citizens as Citizens yea the Lord Maior himselfe simply as a Citizen is not a Gentleman but Burgenfis As the greatest Princes and Despots that euer were or euer shall be in the world considered in their first naturall condition are at most but Ingenui or free-borne in which respect all are equall for omnes natura aequales and their first ciuill degree or generall state which either comprehends all the orders of Nobilitie or is capable of them is among vs the Gentleman In which respect he who shall say That this or that King or Emperour is a Gentleman speakes rightly and as the thing is For Gentleman is the title about which all other titles as they concerne honor and conueigh no iurisdiction are put as robes and ornaments This therefore is my meaning That some Citizens may be a Citizen and yet truely a Gentleman as one and the same man may in seueral respects be both a Lord and Tenant Citizen in regard of his encorporation in London Gentleman in regard of birth or of Armories assigned for encouragement of Industrie to ennoble his honest riches and titles of honor or worship in that City whereof he is a qualified member Neither is the communication of rewards which consist of painted distinctiōs composed according to the receiued rules of Heraldrie iniurious to ancient Gentrie any more then the promiscuous permission of wearing gold-rings on their fingers alike to freed-men as to freemen granted by the Emperour in the authentickes the reason of gold-rings among Romanes and of Armories among vs being the
Gentlemen whosoeuer Which disposition measure not by the few Angells you receiue in this Letter For what are twenty in such a case If this my sute and request cary the lesse regard because it comes but from a priuate Citizen be pleased I pray to vnderstand that in me though being but one man multitudes speake and that out of a priuate pen a publike cause propounds it selfe And yet I come not single For with this Letter of mine I send you two other The one from a worshipfull friend and kinsman of mine written to me and the other of my Cousin his second sonne much what of one nature with this of mine And so with my loue and best respects remembred I commit you to Gods holy keeping and rest c. The true Copies of those two other Letters whereof in the former there is mention The Fathers Letter Cousin I pray peruse the enclosed which troubleth me as much as it doth my sonne and seeke satisfaction of such as are skilfull indeed I care not for charge for looke whatsoeuer it costs I will beare it In the meane while comfort my childe for if it bee so as hee writes hee shall not stay in London though it cost me fiue hundred Pounds And so in great hast I leaue you to our Lord Christ c. The Apprentises Letter to his Father MOst deare and most louing Father my most humble dutie remembred vnto you These are to giue you to vnderstand that my body is in good health praised he God but my minde and spirits are not for they are very much troubled For so it is Sir that albeit my Master be a very worthy and an honest Citizen and that my selfe doing as an Apprentise ought which I doe willingly not refusing any thing as remembring St. Peters precept Serui subditi estote in timore Domini am as well vsed in this house as if I were with you yet by reading certaine bookes at spare houres and conferring with some who take vpon them to be very well skill'd in Heraldry I am brought to beleeue that by being a Prentise I lose my birth right and the right of my blood both by father and mother which is to be a Gentlemen which I had rather dye then to endure This is my griefe and this the cause why my minde is so troubled as I cannot eat nor sleepe in quiet Teares hinder me from writing more and therefore most humbly crauing pardon and your most fatherly blessing I commit you to God c. From London c. THE CITIES ADVOCATE In a question of Honor and Armes Whether Apprentiship extinguisheth Gentrie The Contents of this first part 1 THe present question very important for many great causes Two Crowned Queenes of England much of the Nobility parties to it Bullen Calthorpe L. Majors of London their interesses in royall blood What Quaestio status and what the least capitis diminutio is Only the base neglect it Honour a faire Starre Disparagement odious Preuention of mischiefes by determining this question Proud Citie-races vnworthy of the Citie 2 The Cities Honors in Armes proued out of ancient Monuments The L. Fitz Walter Standard-bearer of London Claurie and Biallie two termes in old blazon 3 The transcendent power of opinion To derogate from the splendor of birth reputed a wrong Whence comes the present question of Apprentiship 4 The maine reason why some doe hold that Apprentiship extinguisheth Gentrie Apprentiship no bondage either in truth or at all The case truely propounded The skill of honest gettings a precious mystery What kinde of contract that seemes to be which is betweene Master and Apprentise 5 An obiection that Apprentiship is a kinde of bondage The fine folly of Erasmus in his Etymologie of an Apprentise The comparison betweene Seruus among Ciuilians and Apprentises among Englishmen holds not What the word Apprentise meanes Sir Thomas Smiths error in confounding seruitude and discipline 6. 7. 8. Particular points touching Seruus Sanctuarie at the Princes image Manumission and Recaptiuitie by Law None of those points concerne Apprentises more then Souldiers Schollers or religious nouices 9. 10. The finall cause denominates the action and proues Apprentiship not to be base The contrarie opinion pernicious to manners and to good Commonweale among vs chiefly now The different face of both opinions in daily experience The First Part. THE present question Whether Apprentiship extinguisheth Gentry being now not so much a paradox as growne in secret to be of late a common opinion I am bold to call a weighty and important question vniustly grounded vpon the learned folly of Erasmus of Roterdam and the incircumspection of Sir Thomas Smith Knight in his booke de Republica Anglorum and out of certaine wandring conceits hatcht among trees tillage as shall appeare hereafter Weighty and important I am bold to call it and it is so Because in looking out vpon the concernings of the case I finde that prospect so spacious that within the compass thereof as well the greater as the lesser Nobilitie of England are very notably and very inexplicably enwrapped What doe I say of the subalternall Nobilitie when the Royall name it selfe with all humble reuerence be it spoken was deeply interessed in the proposition For Queene Elizabeth though a free Monarch and chiefe of the English in her turne was a party of the cause which shee ingenuously and openly acknowledged calling Sir Martin Calthorpe kinsman as indeed he was being at that time Knight and Lord Maior of London Yea Sir Godfrey Bullen Knight also and Lord Maior of London was lineall Ancestor to Queene Anne her mother saith Camden in his Annals no longer before then in the reigne of Henry the sixth King of England Both which Knights being also Gentlemen borne of right Worshipfull Families ascended by due degrees from the condition of Apprentises to the greatest annuall honor of this Kingdome It is weighty and important because without much impropriety of speech it may be called quaestio status which in the ancient phrase of the Emperour Iustinian is as much to say as a tryall whether one is to be adiudged bond or free seruile or ingenuous and implieth that odious and vnnaturall sequel which by Textuists hath to name Capitis diminutio wherof though the Romane lawes make a threefold diuision yet in this our question if but onely the third and lowest degree were incurred which hapneth cum qui sui juris fuerunt coeperunt alieno iuri subiecti esse that alone should keepe vs from neglect It is weighty and important and can appeare none other because it directly tends to darken and as it were to intercloud the luminous body of that beauteous planet HONOR with not onely foule but lasting spots For what can lightly be a more disparagement then for the free to become a kind of bondmen or to be come of such Nay there is nothing without vs which can bee of so great disparagement Finally it is weighty and
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