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.

The third Part.

1 THough in the premisses wee seeme to our selues, to haue said enough for establishing our Negation in this importāt question, that is to say, That Apprentiship is not a kinde of bon∣dage, consequently, that it cannot worke any such effects as is before supposed, yet to leaue no tolle∣rable curiositie vnsatisfied, wee will set before vs, as in a table, the whole condition of an Appren∣tise. Meaning chiefly such an Apprentise as being the son of a Gentleman, is bound to a Master, who exerciseth the worthier Arts of Citizens, as Mer∣chants by sea, Assurers, Whole-sale-men, & some such few others which may more specially stand in the first classe of the most generous mysteries, as those in which the wit or minde hath a farre greater part then bodily labour.

2 Such an Apprentise therefore when first he comes to his Master is commonly but of those yeares which are euery where subiect to correcti∣on. His ordinarie seruices these. Hee goes bare-headed, stands bare-headed, waytes bare-headed,

before his Master and Mistresse, and, while as yet he is the yongest Apprentise, hee doth perhaps (for discipline sake) make old leather ouer-night shine with blacking for the morning, brusheth a garment, runs of errands, keeps silence till he haue leaue to speake, followes his Master, or vshereth his Mistresse, and sometime my young Mistresses their daughters (among whom some one, or other of them doth not rarely proue the Appren∣tises wife) walkes not farre out but with permis∣sion, and now, and then (as offences happen) he may chance to be terribly chidden, or menaced, or (which sometime must be) worthily correc∣ted; though all this but onely in ordine, and in the way to Mastership, or to the estate of a Citizen, which last worst part of this Apprentises condi∣tion continues peraduenture for a yeare, or two, and while hee is commonly but at the age of a boy, or at the most but of a lad, or stripling. And, take things at the very worst, hee doth nothing as an Apprentise vnder his Master, which, when himselfe comes to be a Master his Apprentises shal not doe, or suffer vnder him. Such or the like is the bitterest part of an Apprentises happy estate in this world, being honestly prouided, at his Masters charge of all things necessarie, and decent. The

Master in the meane-while seruing his Apprentises turne with instruction, and vniuersall conforma∣tion, or moulding of him to his Art, as the Ap∣prentise serues his Masters turne with obedience, faith, and industrie.

3 Here haue we a representation of an Ap∣prentises being, or rather the well-being of a child vnder his father, who hath right of correction. Vpon view whereof we demand, why it should be supposed That Apprentiship extinguisheth Gentry? For if an Apprentise in London (since to haue Ap∣prentises is a power not deriued to corporations out of prerogatiue, and royall priuiledge, but out of common Law) bee in their conceipts a kinde of bondman, it must either be, ratione generis ob∣sequij, or ratione temporis adiecti, or contractus, or conditionis, or for all together; a fifth cause being hard to be either assigned, or imagined.

For the first point (w^ch is in regard of the kind of seruice) that is but an effect of the contract, or bargaine, and consequently depends thereon, or participates in nature with it; which not impor∣ting any kind of bondage, neither can the seruice it selfe, due by that agreement, bee the seruice of a bondman. So that as on the one side wee grant, that Apprentises, as Apprentises, doe some things,

which Gentlemen would not doe, that liued sui iuris, specially vpon a necessity to obey, yet on the other side we constantly deny, that they doe any of them, either as seruile, or as seruilely, but propter finem nobilem, that is, to learne an honest mysterie to enable them for the seruice of God and their Countrey, in the station, place, or calling of a Citizen.

For the second (which is in respect of a cer∣taine time (as of seuen yeeres at least) added and limited in the contract, that is meerely but a cir∣cumstance of the agreement, and per consequens cannot alter the substance of the question. For if Apprentises are not a kind of bondmen, abstract∣ing from the time which they are bound to serue, the addition of time, addeth nothing to the qua∣lity of the contract, to make it seruile.

For the third (which is in regard of the con∣tract, as it raiseth a relation, or the titles betweene two, of Master, and seruant) if the very act of binding to performance, be a sufficient reason to make Apprentises a kinde of bondmen, and so to disenable them to Gentry, either deriuatiue, or ac∣quisitiue, the Masters themselues are also a kinde of bondmen, because, suo genere they aswell are bound as the Apprentises.

For the fourth (which is in respect of the con∣dition either vocally exprest, or vertually implide in the contract) there is in it no proofe of bon∣dage, but the contrarie. For in that the obligati∣on is mutuall, it proues the Apprentise free as from bondage, though (for the Apprentises owne good) not free from subiection to discipline. Because onely free men can make contracts, and challenge the benefit of them. The verbe, not, seruire, but the verbe, deseruire (which is of farre lesse weight) comprised in the instrument, or Indenture, and containing the whole force of the obligation, hath onely in that place the sense of obsequi, & fa∣cere, to obey, and doe as an Apprentise, and not ac∣cording to the ancient sense, which it had among the Romanes. This ought not to seeme a para∣dox. For the word dominari, to which seruire is a relatiue, and the word dominus, haue in tract of time beene so softened, and familiarised, as they are growne to be words of singular humanity. And what so common among the noble as to professe to serue? But the relation constituted in this case, is peculiar, and proper, the odious word dominus is not there at all, nor seruus, no nor famu∣lus; the relation constituted is directly named be∣tweene Master, and Apprentise: a cleare case that

all iniuries to blood, and nature, are of purpose a∣uoided in those conuentions; and conuentiones they are called in the interchangeably sealed instru∣ment it selfe. So cleare a case, that in the Oath which all freemen make in the Chamber of Lon∣don at their first admission, this clause among ma∣ny others, is sworne vnto by them, That they shall take None Apprentise, but if he be Free borne, that is to say, no Bondmans sonne: which are the very words of the oath. Thus carefully open was the eye of institution in this noble point of the Cities policy, to preuent that no staine, no blemish, nor indignitie should wrong the splendor thereof. A thing which could not but follow ineuitably, if they who prouided against admission of bond∣mens issue, into the estate of apprentiship, should themselues by making apprentises, make bond∣men; or should in any sort embase their blood, whose Masters they were to be, as to the purpose of comming to bee Citizens in time. They neuer meant to make any man bond, who would haue none but the sonnes of free-borne persons bound apprentises. It shall be wilfull ignorance or ma∣lice from hence forth to maintaine the contrary.

4. A most memorable exāple in Scripture to the purpose of the present question is that of Iacob and

Laban in the nine and twentieth Chapter of Ge∣nesis, where the time (seuen yeares) yea, & the very word (seruire) are plaine in that contract which was made betweene the vncle, and the nephew: yet who did euer say that Iacob was for this a kind of bondman? The reason why he was not, riseth from consideration of the finall cause, or inten∣tion of the contract, which is recorded to haue beene honorable; the obtaining of a worthy wife, and of an estate to maintaine her with. Neither, when he was no longer defrauded of Rahel then seuen daies after his first seuen yeares, and when in the fruition of Rahel he serued also other seuen yeares, was he a kind of bondman, by as it were a relapse, or as by a cessation of expecting his re∣ward, which he enioyed in enioying her. Out of which it followeth, that as Iacob was no kind of bondman though he serued, and serued out all his time twice ouer, so neither are Apprentises. And from this place of the Bible it is vnanswer∣ablie proued that bodily seruice, is a laudable meanes to atchieue any good, or honorable pur∣pose; a meanes truly worthy of a Gentleman.

5 Hereunto we finally adde, and repeat, that as an Apprentise tyes himselfe to his Master in the word deseruire, that is, to obey, and doe, restrictiuely

to the ancient reason, and traditionall discipline of Apprentiship in London, so the Master tyes him∣selfe to his Apprentise in the word docere, in lieu of his honest seruice, to teach him his Art to the vtmost. Which Masters part is growne to such estimation as that Apprentises now come com∣monly like wines with portions to their Masters. If then Apprentiship be a kinde of seruitude, it is either a pleasing bondage, or a strange madnesse to purchase it with money.

6 An Apprentise therefore, as an Apprentise, being neither ratione obsequij, temporis, contractus, nor conditionis in any kinde a bondman, is in no respect a bondman: and hath therefore no more lost his title, and right to Gentrie, then hee hath done to any goods, chattels, lands, royalties, or any thing else, which, if hee had neuer beene an Apprentise, either had, might, or ought to haue come vnto him. Nay, much lesse can Gentry bee lost in this case, then right to lands, and goods, how much more inherent the rights of blood are then the rights of fortune. For, according to the law-rule, iura sanguinum nullo iure ciuili dirimi pos∣sunt; whereas those other may be dissolued. And, that Gentry is a right of blood may appeare by this, that no man can truely alienate the same, or

vest another in it, though legally he may, in case of Adoption, which is but an humane inuention in imitation of nature, and therefore, in rei veritate, no alienation at all, but a fiction, or an acception in law as if it were such. So that none can any more passe away his gentrie, to make another a Gentleman thereby, who was not a Gentleman before, then he can passe away any habit, or qua∣lity of the minde, as vertue, or learning, to make another honest, or learned, who was vnlearned, or dishonest before. For Gentry is a quality of blood, or name, as vertue, and learning are of the minde. Vpon which reason that rule of law is grounded, which teacheth vs, that annulus signa∣torius ornamenti appellatione non continetur.

7 To all this if it bee replied: That Appren∣tiship is a kind of bondage, for that if an Appren∣tise abandon his Masters seruice; his Master may both fetch him backe, as Lord for the time ouer his seruants body, and compell him also to liue vnder obedience. We answer thus. That such a power ouer the bodie of an Apprentise is not suf∣ficient to constitute a bondman, though the ser∣uice of the Apprentise belongs to the Master, Gods partin him, and the Commonweales being first deducted.

Aristotle held, that onely the Grecians were free, and all the barbarous, that is to say, all not Greci∣ans, were bond. Some among vs seeme Aristo∣totelians in this point, who as he gloriously ouer-valued his Country-men, so these ouer-value their paragon-Gentry, and repute none worthie of Armes, and Honor but themselues, we supposing on their behalfe, that they are indeed not vaine-pretenders onely, but true descendents from the most vnquestionable noble races, howsoeuer troubled perhaps with some little of the spirit of vanitie, and of too too much scorne of others. But as the Italians in our time, notwithstanding they thinke meanely of all who are not Italians, calling them (in Aristotles humor) Tramontani, and in that word implying them to be barbarous, doe com∣mit an error, aswell as that great Philosopher, so those Gentlemen (how eminently noble soeuer) will be likewise found to liue in errour, for that others also may bee truely Gentlemen, for any thing which as yet is spoken in the former So∣phisme: videlicet; The Master hath power ouer his Apprentises bodie: Ergo, Apprentises are a kinde of bondmen. Because if such a power bee enough to constitute a bondman, wee will say nothing of those free-borne persons being in minoritie,

whose bodies their Guardians, may not onely by a right in law, fetch backe after escape, or flight, but giue away also in mariage. Nay, if for that rea∣son Apprentises, borne Gentlemen, shall bee thought to haue forfeited their Gentry, in what estate are all the sonnes, and children of good houses in England, whose bodies their parents by a right of nature, may fetch back after flight, & ex∣ercise their pleasure, or displeasure vpon thē, euen to disinherison? Nay, in what case are souldiers (to whom most properly, and most immediately the Honor of Armes doth belong) who for withdrawing themselues from their banner, or Captaine without leaue, may not only be forced backe to serue, but (according to the vsuall dis∣cipline of warre) may be martiall Law bee han∣ged vp, or shot at the next tree, or wheresoeuer, de∣priued of breath at once, and of braue reputation together? So absurd it is to dispute, that the po∣wer of a Master, by the title of a contract ouer the body of an Apprentise, in case of discipline, doth conuince a seruilitie of condition in the sufferer. For if the right to exercise corporall coerction should absolutely constitute a state of bondage in the subiect, the iniurie of that vntrue assertion would reach to persons of farre higher marke

then City-prentises, as is most plainely proued. And therefore they must alledge somewhat else besides subiection of bodie to draw the estate of Apprentiship into that degree of reproach, which as they cannot doe, wee hauing preuented those obiections, so must they leaue it cleare from taint, or scandall.

8 We lay it downe therefore out of all the an∣tecedences for a cleare conclusion: That Ap∣prentises are so farre from being a kinde of bond∣men, as that in our Common-weale they then first begin habere caput, and to be aliqui: to bee of account, and some bodie. For Apprentiship in London is a degree, or order of good regular sub∣iects, out of whose as it were Nouiceships, or Colledges, Citizens are supplied. Wee call them Colledges according to the old Romane Law∣phrase, or fellowships of men, for so indeed they are, comprehended within seuerall corporations, or bodies of free persons, intended to bee conso∣ciated for commerce, according to conscience, and iustice, and named Companies, each of them se∣uerally bearing the title of their seuerall worthy Monopolies, as Drapers, Salters, Clothworkers, and so forth. Wee say as before, that Apprentises in the reputation of our Commonweale, when

first they come to bee Apprentises then first begin to be some bodie, and that Apprentiship is a de∣gree, to which out of youth, and yong men, who haue no vocation in the world, they are aduanced and that out of Apprentises, by other ascents or steps, as donari ciuitate, to come to bee free of Lon∣don, or Citizens, from thence to be of their com∣panies Liuerie, the gouernours of Companies, as Wardens, and Masters, and gouernors in the City, as Common-counsel-men, Aldermens-deputies, Sheriffes, and Aldermen; and lastly the principall gouernour, or head of the Citie, the Lord Maior; yea sometimes also Counsellors of Estate to the Prince (whereof Master Stowe hath examples) are very orderly elected; and the whole policie dis∣posed after as excellent a forme as most at this day vnder heauen.

9 True it is, that Apprentiship, as it is a de∣gree, so is it the lowest degree, or classe of men in London. Lowest wee say, that it may come to the highest, according to that of S. Augustine, and of common sense, that those buildings rise highest, and stand fasteth, whose foundations are deepest. And as Apprentipish is the first in order, & mean∣est in dignity, so can that be no title to embase the vocation, because there must be a first in all things.

Of this degree the flat round Cap, haire close-cut, narrow falling-band, course side-coat, close-hose, cloath stockings, and the rest of that seuere habite was in antiquitie, not more for thrift, and vseful∣nesse, then for distinction, and grace, and were o∣riginally arguments, or tokens of vocation, or cal∣ling, which point of ancient discipline the Catoes of England, graue common Lawyers, to their high commendation therein, retaine in their professi∣on, and professors at this present, euen to the par∣tie-coulored coates of seruing men at Serieants Feasts. An obiect, far more ridiculous among the new-shapes of our time (enemie of rigour, and discipline) then that of Apprentises. At which re∣tained signes, and distinctiue notes among Law∣yers, though younglings, and friuolous nouices, may somewhat wonder, till the cause be vnder∣stood, yet is the thing it selfe so farre in it selfe from deseruing contempt, as that they who should of∣fer it, would themselues bee laughed at. For the late Lord Coke, in the preface of his third booke of Reports, hath affirmed for the dignitie of the word Apprentise, that an Apprentise at Law is a double reader, whose degree is next to that of a Serieant at Law, who is only inferiour to a Iudge, and to no other degree of Lawyers.

10 Here now let me be bold to say, that Ap∣prentises seeme to haue drunke and sacrificed too deepely to their new Goddesse, Saint Fashion▪ An Idoll which was alwayes noted fatall to the Eng∣lish. As at the periods, or vniuersall concussions of Empire in our portion of great Britaine, may in old Writers bee obserued. This they doe not without wrong in our opinions to the honestie of their degree, at leastwise in so farre abandoning their proper ornament, the Cap (anciently a note of libertie among the Romans) as not to haue one day at least in the yeare, wherein to celebrate the feast of their Apprentiship in the peculiar garbe thereof, which they should doe well and wisely to frequent for downe-bearing of contumelie, and scorne, by making profession in this wise, that they glorie in the ensignes of their honest calling.

11 For reuocation of which into vse though wee see no manner of hope, yet are those late Ma∣gistrates of the Citie who laboured to reduce Ap∣prentiship to practise this laudable point of out∣ward conformitie, not the lesse to bee commen∣ded: and it were to be wished perhaps, that in∣stead of scattering Libels, and of discouering in∣clinations to tumult, Apprentises had rather sub∣mitted

their vnderstandings, and resigned their wills 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 Geome∣tricall figure, is far more worthy than the square, according to that ground in the Mathematicks, fi∣gurarum spaerica est optima, and in Hieroglyphickes, is a symbol of eternity, and perfection, & a resem∣blance 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 Vniuersi∣ties, but also abroad among vs, as well by Eccle∣siasticall persons in high places, as by Iudges of the Land, so the round capp being but a note in Lon∣don, 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 ho∣norable 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 wi∣shes. 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 Appren∣tises 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 dange∣rously 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 con∣ceipt 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 Lon∣don, which shines among all Cities within the Empire of Britain.

—velut inter ignes; Luna minores—