| Chap. 73. |
Poor.
A Woman Servant unmarried is gotten with Child,
and then goeth out
of her Masters Service, before or after it is discovered that she be with
Child,
and the Reputed Father be run away, or is not able to free the Parish;
here
if the Master hath legally discharged his house of such a Servant, he is
no
more bound to provide for her than any other. Resol. 13. |
159 |
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But if she be not lawfully discharged out of
her Masters service, nor her
time of service with him expired, her Master may be forced to keep
her still,
or otherwise provide for her, till her time of service be expired, or that
he
be legally discharged of such a Servant. |
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If a Woman being with Child procureth her self
to be retained with a
Master who knoweth nothing thereof: this is a good cause to discharge
her of
her service. Resol. 22. |
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And if a Woman servant be gotten with Child during
her service, this is
a good cause to discharge her. Ibid. |
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But in the three former cases, the Master must
not turn away such servant
of his own authority. Resol. 22. |
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And in these last three cases, the charge, as
a misfortune, falleth upon the
Parish, which they must bear as in other cases of casual impotency.
See
Resol. 22. |
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A Maid-servant gotten with Child at A. by
her Fellow-servant (or by
another young Man of the same Town) after both their times of Service
are expired, and they marry, and then the young man is retained at B,
then
the Woman is delivered of the Child, she with her Child are to be sent
to
the Father at B. and there they are to be setled. |
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Now what shall be accounted a lawful setling. |
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Note, That every one who is setled a Native,
an Housholder, Sojourner,
an Apprentice, or a Servant retained for one month, at the least, without
a
just complaint made to remove him or her, shall be held to be setled.
Resol.
26. |
§. 29.
Settlement. |
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Yet an abode by the space of a month, must not
be to live or keep privately,
sometimes in one house, sometimes in another; or to be an abode by
reason of sickness, or the like, as Lameness, Lunacy, &c. Nor
to a Nurse-child,
or a Scholar at the Grammar School, nor at the University; or Persons
sent to an Hospital, House of Correction, or to the Common Gaol; but
their setling is where their Parents are setled. Resol.
32. or themselves last
lawfully setled. |
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As for Children born in Common Gaols, and Houses
of Correction, their
Parents being Prisoners, are to be maintained at the charge of the County.
Resol. 32. |
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But note, If one be only lawfully retained in
service, or hath but hired an/
House, or be otherwise lawfully setled, the Law unsetleth none so
settled;
nor permitteth it to be done by practice or compulsion; and such as shall
use
any indirect means to hinder a Poor man from hiring an House, may for
such disturbance be Indicted upon the Statute, for causing them to turn
Rogues. |
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Note, (by an old Law) a stranger, or he which cometh
Gurst-wise to
an House, and there lieth the third night is called an Hogenhyne
(or Agenhine)
and after the third night he is accounted one of his Family, in whose
house he so lieth, and if he offend the Kings Peace, his Host must be answerable
for him. Terms de Ley. |
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' Secundem antiquam consuetudinem dici poterir
de familia alicujus qui
' hospitatus suerit cum alio per tres noctes, qui prima nocte dici
poterit
' Uncouth, secundo Gust. tertia nocte Hogenhine.
Bract. fol. 124. b. |
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