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Laborers.
Writ of Error, that a Pippin-Manager is not within this Statute,
for it requireth
no skill to use it; so Ploughing or Digging is not within in: For
in those Trades strength is more required than skill. Quære,
Of Upholsterers.
Rolls 2 part. Rep. p. 10. The King against Tollin. |
Chap. 59. |
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Every one bound an Apprentice according to that
Statute, although under
age, yet is compellable to serve his time out, as if he were of age, when
he was
bound, 5 Eliz. 4. But that is to be understood of a Compulsion,
by the means
prescribed by that Statute; for the Covenant is not good, so as to inable
the
Master to being an Action upon it, as was resolved H. 5. Car. 1. Cro.
p. 129.
Gilbert Vers. Fletcher. |
|
§. 12.
Who be
compellable
to serve. |
An Apprentice must be retained by Indenture,
and by the name of an Apprentice
expressly; or else he is no Apprentice, though he be bound.
Who are compellable to serve, see in this Title before
and after. |
Cromp. 1 p.
184. P. 35. |
|
Every Justice of Peace (as also the Constable)
in the time of Hay, or Corn
Harvest, upon request shall and may cause all such Artificers, and persons
as be
meet to labor, by their discretion, to serve by the day for the Mowing,
Reaping,
Shearing, Getting, or Inning of Corn, and Hay, according to their skill
and quality of the person; and may set the refusers in the Stocks by the
space
of two days and one night. |
5 El. 4. |
|
Every Justice of Peace may command vagrant persons
to prison, if they
will not serve. |
Fitz. 168 b. |
|
Every person who hath not sufficient Land to
occupy, or live upon, nor other
Art, is compellable to serve. See Br. 14. |
Fitz. 178 a.
168. 1. |
|
If an Infant, Man or Woman, of Twelve years of age,
or a Gentleman,
Chaplain, Carpenter, or other person which is not compellable to serve;
yet if they shall make a Covenant to serve in Husbandry, they shall be
bound by their Covenant, and are punishable, if they then shall depart,
&c. |
Fitz. 167,
d, e.
P. 3. 14.
Br. Ley 6. |
|
Yet by the Common Law such a Covenant or Retainer
of an Infant under
Twelve years of age was void, they neither having ability of body nor
years to consent: For an Infant (by the Common Law) is not of age
to
bind it self by Covenant, Ante annos nubiles, which is Twelve years
in a
Woman, and Fourteen years in a Man child. Co. 7. 43. &
9. 72. Neither
before that age are they accounted, Potens in corpore, which were
the
words used in he Statute made 23 E. 3. though those words are now
left
out of the Statute of 5 Eliz. And thereupon Markham
in 21 H. 6. and
Mr. Br. abridging that Case, seem to hold Fourteen years to be the
age for
Retainer of an Infant, but there the Case was of a Man-child that was retained. |
7 H. 4. 5.
2. H. 4. 11.
Br. 19, 20.
21 H. 6. 32.
Br. 30. |
|
But now by the Statute of 5 Eliz. cap. 4.
any person above the age of Ten
years, their own Consent and Agreement, may by Indenture be bound as
an Apprentice to Husbandry or any other Trade or Art. |
P. 51, 53. |
|
Also some of Twelve years of age by the same Statute,
are compellable
by the Justice to serve in Husbandry: So also it seemeth of other
Trades,
Arts, or Occupations. |
P. 3. 22, 23. |
|
Such Children, whose Parents are not able to maintain
them, though they
be under Twelve, yet, if they be under Twelve, they may be bound Apprentice
by the OVerseers of the Poor, with the assent of any two Justices
of Peace, by the Statute of 43 El. cap. 2. See Postea tit.
Poor. |
|
|
If a Child use Husbandry till the age of Twelve
years, and after be
made an Apprentice to any Mistery, his Covenant shall be void. But
this
Statute of R. 2. seemeth to be repealed by the general words of
5 El. 4.
See 1 Jac. 25. |
13 R. 2. c. 5.
P. 15. |
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