| Chap. 58. |
Laborers.
away or departure, seemeth not to be within the Statute of 5 Eliz.
neither
is the allowance of the Justice of Peace requisite or needful therein. |
129 |
6 E. 4. 2.
2 E. 6. 33.
Br. 30, 38. |
The Master may discharge his servant by word, but
an Apprentice
cannot be discharged by his Master, except it be by Writing: For
that an
Apprentice cannot be but by Writing. |
|
2 E. 6. 33.
Br. 30, 38.
Br. 48.
10 H. 2, 3. |
If a Servant shall be put away by his Master, yet
he shall have his
wages for the time he served. And yet in this case, if the Servant
agree
thereto, the Servant shall have no Action to recover any part of his Wages,
but must crave the help of the Justice of Peace herein. But if such
Servant
be within age, it seemeth such Agreement shall not prejudice the
Servant. |
|
10 Ed. 4. 2.
49 H. 19. |
But if a Servant of his own accord shall depart
from his Master before
his time expired, he shall lose all his Wages. |
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Br. 40.
Apporc. 26. |
If a Servant be retained according to the Statute,
and the Master dieth,
his Executors shall be chargeable to pay such Servant his Wages.
Otherwise
it is where the Retainer was not according to the Statute, except it
were by Indenture. See 2 H. 4. 14. Br. Labor. 49.
and Fitz. Nat. Br.
168. f. |
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An Infant of five years of age or other person which
is not. Potens in
corpore; yet if they shall be retained and shall serve indeed, their
Master
must pay them their Wages. See 38 H. 4. 22. Br. Labor.
46. and Ley Gager
67. |
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If a Servant retained for a year, happen within
the time of his service
to fall sick, or to be hurt or lamed, or otherwise to become Non potens
in
corpore, by the Act of God, or in doing his Masters business; yet it
seemeth
the Master must not therefore put such Servant away, nor abate any
part of his Wages for such time. |
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| 3 H. 6. 37. |
If a Servant shall refuse to do his service, that
is a departure in Law,
although he stay still with his Master. |
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Fitz. 1. 63.
Br. 51.
P. 6. |
If the Master shall detain from his Servant his
Wages, Meat, or Drink;
this a good cause of departure: But yet this cause is not by the
Statute
of 5 Eliz. to be allowed of by the Justices of Peace, before the
Servant
may lawfully or safely depart. |
|
Fitz. 168.
Br. 51.
P. 9. |
So if the Master shall License his Servant to depart,
or if the Master, or
Wife of the Master shall beat the Servant; these were good Causes for the
Servant to depart, before the Statute 5 Eliz. 4. But now the
allowance of
the Justice of Peace, is requisite as aforesaid. And yet note, that
the
Master by Law is allowed with moderation to chastise his Servant or Apprentice.
See 33 H. 8. 12. And in the title, Surety for the
Peace. |
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But now that by the Statute of 5 Eliz. the
Causes of putting away and
departing of Servants, are referred to the consideration and allowance
of
the Justices of Peace: It behoveth them to have good care, left by
their
giving too much way therein, either to the Master or Servant, many, which
might by due ordering, have proved good Servants, turn Rogues and
Vagabonds. |
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' If a Servant depart before the end of his Term,
or at the end of his
' Term, without a Quarters warning, or refuse to serve for the Wages
' limited, or promise to serve, and do not serve; upon complaint any two
' Justices, or the Major and two Aldermen, &c. They may commit
him
' to Ward without Bail, until he be bound to the party offended to serve
' as he ought. 5 Eliz. 4. |
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' If any Servant or Apprentice shall unlawfully
depart, or flie into another
' Shire, the Justice, &c. may grant Writs of Capias to the Sheriff,
or
' other Officer, whither the Servant is gone, to take is Body retunable |
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