| Chap. 58. |
Laborers.
the Apprentice, he may be corporally punished; and this I remember
came
in question in the Kings Bench, when Hales was Lord Chief Justice
there;
and he and the Court seemed to hold accordingly, but said, some things
and
questions were better sleep, then be stirred: BY which he discovered
his opinion,
but nothing more came thereof. |
121 |
|
If an Apprentice shall steal or purloyn any thing
not delivered him to
keep, above the value of Twelve pence from his Master, the Apprentice,
together
with those that inticed or persuaded him thereto, or shall receive any
of the same Goods, knowing they were purloyned, after due examination
and
confession or proof thereof made before any Justice of Peace, He may send
the Apprentice, as also the inticers, procurers and receivers of those
Goods,
to the Common Gaol, &c. But if the Goods be not above the value
of Twelve
pence, it seemeth the Apprentice, together with the Procurers and Receivers,
may be sent to the House of Correction by the Justices of Peace, or
rather by the Justices at their General Sessions. |
§. 4.
Purloyns. |
| 5 Eliz. 4. |
No Master, Mistress, or Dame, shall put away
any servant before the
end of their term, unless it be for some reasonable cause, to be allowed
by
a Justice of Peace, &c. Nor shall put away any servant at the
end of the
term, without one Quarters warning given before two sufficient witnesses,
&c. Ut postea. And the proof of the sufficiency or insufficiency
of the cause
of putting away of a servant, shall be made at the Quarter Sessions,
&c. Ut postea. " Nor may the servant depart before the
end of his term,
nor at the end of his term, without a quarters warning.
|
§. 5.
Discharge. |
| 5 El. 4. |
Any one Justice of Peace may allow of the cause
of putting away
of a servant, or of the departure of a servant within his term. |
|
5 El. 4.
Br. 27, 30.
Plo. 250.
Viz. 43. 1. |
But otherwise it is of an Apprentice, for an Apprentice
cannot be discharged
but by Four Justice of Peace at the least, and in open Sessions as
aforesaid; or else by the agreement of the Master and the Apprentice, and
under his Masters hand in writing. And yet one that is retained as
an Apprentice,
may be seised by his Lord as a Ward, by reason the Lords Title
is more ancient.
|
Ward. |
| 5 El. 4. |
Any two Justices of Peace upon complaint to them
made, that any
servant (who is retained according to the Statute of 5 Eliz.) hath
departed
before the end of his term, (unless it be for sufficient cause to
be allowed by one Justice of Peace, at the least) or at end of his term
without one Quarters warning given before two Witnesses; or that any
person compellable by the Statute to serve in Husbandry, or in any other
Sciences in the said Statute named, upon request made, hath refused to
serve for the Wages appointed (by Proclamation in that County, &c.
according
to this Statute;) or hath Promised, or Covenanted to serve,
and doth not according to the Tenor of the same, the said Justices
may examine the matter; and if they shall find such servant or person
faulty therein, they may commit him to Ward, there to remain without
Bail until he shall be bound to the party offended, to serve and continue
with him for the Wages limited according to this Statute, and then
to be discharged without paying any Fee to the Gaoler.
|
Two Justices. |
|
And yet any one Justice of Peace (as it seemeth)
may make his Warrant
to attach his servant departed out of service, or refusing to serve, to
be before the Justices at their Sessions, there to answer their defaults.
See
Postea tit. Warrants. |
|
|
Also it seemeth, that any one Justice of Peace may
send such idle or |
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M
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