| Chap. 58.
22 Car. 2.
c. 16. |
Laborers.
Those persons, who on the Twenty fifth day of
April, 1661. were in the
Actual Service under the command of George Duke of Albemarle,
and have
not since deserted the Service, or refused to take the Oaths of Supremacy
and Allegeance, that did heretofore use any Trade, but did not serve
out their time, or are apt and able to practise any Trade, may set up any
Trade to which they were Apprentices, as if they ad served out their
time; or if they were never Apprentices, may set up such Trades as they
are apt and able for, in the places where they were born, without any let
or molestation, in respect of using such Trade. And if they shall
be sued
or indicted in any Court, for so doing, they making it appear they were
so in Service, and have not since deserted, and have taken the said Oath
and upon Not guilty, shall be found Not guilty; and the person
who so
sued or indicted them, and shall have a Verdict pass against them; or so
Nonsuit or discontinue, shall pay double Costs, to be recovered, as other
Costs are to be recovered at Law. |
125 |
|
Such Officer or Soldier shall prove his Service,
by Certificate under
the Hand and Seal of some Field-Officer, and two Commission-Officers
of the Regiment, or some General-Officer of the Army, which shall
be proved by one Witness; or in default of such Certificate, by two
Witnesses. |
|
| Co. 11. 54. |
And it is lawful for any person to use privately
any Trade (as of a
Cook, Brewer, Baker, or Taylor, &c.) in his own house, or in the house
of any other, for the private use of the Family, although such person were
never Apprentice to the Trade, Co. ibid. |
|
|
If a Man use the Trade of Tallow-Chandler, Baker,
Brewer, or any
other lawful Trade or Manual Occupation, for his own use, or for the
use of his Family, without selling any for lucre and gain, he may lawfully
do it, Co. 8. 129, 130. |
|
|
But yet he which useth any Trade, or other Manual
Occupation, for
the use of himself, or of his Family only (without selling) he cannot
retain any Apprentice within the Statute of 5 Eliz. Co. 8. 129.
But he may
hire one to be his Servant, who is skilful in that Trade or Occupation.
|
|
|
One purchased a Mill, and hired a Miller to be his
Servant, who ground
the Grists of his Neighbors, and the Wife of the Owner of the Mill took
Mony of the Neighbors for their Grist so ground; and for this the
Husband (who was the Owner of the Mill) was indicted at Cambridge
Summer
Assizes, An. Dom. 1619. by reason that he was never himself Apprentice
to the Trade. It was the Case of T. P. Yeoman. |
|
|
The intent of this Statute 5 Eliz. cap. 4.
was, That no person should
take upon them any Art, Mystery, or Trade, &c. But such wherein
they
had skill and knowledge, according to the Rule, Quod quisque norit,
in hoc
se exerceat, Co. 8. 130. |
|
|
And therefore none may keep a Common Brew-house,
Bake-house,
Cooks-shop, &c. to sell to others, except they have been Apprentice
thereto by the space of Seven years, &c. ibid. |
|
|
Note, that these words Mystery, Trade, and Craft,
do all bear one
sense or signification. See Plow. 537 b. Co. 11. 54. |
|
Cromp.
185. |
Note next, that this Statute, 5 Eliz. cap. 4.
extended not to Servingmen,
but to Servants in Husbandry, and Handy-crafts: And yet where
words of any Statute be, Servant, in general , there it seemeth to
extend
to all. |
|
|
" Any imployment that requireth no extraordinary
skill to exercise it,
" is not within this Statute; and it hath been adjudged and affirmed in
a |
|
M 3
|
 |
