| Chap. 73. |
Poor.
they have but a house, or sleeping place in the Town, they are chargeable. |
151 |
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And the Statute of 43 Eliz. 2. which saith,
that the Churchwardens and
Overseers of the Poor, shall put out Children to be Apprentices,
doth necessarily
imply, that such as are fit, must necessarily receive such Apprentices,
Resol. 1. |
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Yea, every Man who by his Calling, and Profession,
or manner of living
entertaineth, and must have se of other Servants of the like quality,
must
entertain such an Apprentice: Wherein notwithstanding discretion
must be
the guide upon consideration of Circumstances, Resol. 3. |
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And every able or wealthy person that liveth
privately, though he hath no
use of a Servant, yet he must contribute, and may be taxed towards
the putting
forth of Apprentices, as to other Charges for the provisions of
the Poor,
Resol. 4. |
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And Clergy men are not herein exempted, but may
have Apprentices
put to them; and this was the Opinion of all the Judges, upon two several
references to them lately made from the King's Majesty (as I have
been
credibly informed.) Or at least they are chargeable to contribute
to the putting
out of Apprentices. See the words of the Statute of 43 Eliz.
c. 2. hic
antea.
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Note also, That as the Statute inableth the Churchwardens
and Overseers
(with the consent of two Justices of Peace) to put out Apprentices,
so it doth inable them to place those Apprentices with the Masters; for
without Masters there can be no Apprentice. And the said Justices
may
compel all such as be of ability, to take such Apprentices (according to
their discretion,) and if any such Master shall refuse to take such Apprentice
so to him appointed, the said Justices may bind such Master over to
the next general Gaol-delivery, there to answer such default. And
this was
the direction of Sir Henry Montague Knight, Chief Justice of
the Kings
Bench, at Cambridge Assizes Anno Dom. 1618. ' wherewithal
agreed Sir
' Nicholas Hide, and Sir Francis Harvey, Judges of Assize
at Cambridge
' Summer Assizes Anno 1627. And if he refuse to take such
Apprentices, or
' to give Bail to appear at the next general Gaol-delivery or Quarter Sessions)
' he may be sent to Gaol, there to remain, until he will give such
' Bond, Resol. 6. |
§. 14.
Compulsion
to take. |
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Also the Statute of 43 Eliz. c. 2. seemeth
to warrant as much, as the
words of which Statute to this purpose, are thus: Be it further enacted,
That it shall be lawful for the Churchwardens and Overseers, or the
greater part of them (by the assent of two Justices of the Peace) to bind
any
such Children to be Apprentices, where they shall see convenient.
Plus hic
antea. |
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Or else the said Churchwardens and Overseers (with
the consent of the
the said Justices, as it seemeth) may impose upon such Master (refusing
to
take such Apprentice) a competent sum of Money, for the putting out of
such an Apprentice elsewhere. And upon the Masters refusal, to pay
such
Money, two such Justices may take their Warrant to levy the same by Distress
and Sale of the offenders Goods, &c. See Poulton 2. 4. |
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' Or the Refusers to take Apprentices, may be presented
and indicted
' for the same, upon the Statute of 43 Eliz. at the Assizes, or
Sessions of
' the Peace, and upon such Indictment they may be fines and imprisoned
' Resol. 7. |
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' This matter, although long used, and here so positively
asserted, deserves
' consideration. For as in maintenance of this Opinion, several |
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