| Chap. 73. |
Poor.
This Act being but temporary, but of general and
publick concern, if any
future Parliament shall think fit to continue it, it were good these following
matters were also provided for, and so the Queens here made, thereby
removed. |
161
§. 32. |
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1. A Maid-servant or Man-servant being
single, and at service in one
Parish by the year, do contract for a year with a Master in another Parish,
and are there setled; whether upon complaint they may be removed by
this Act. This hath been made a doubt, but yet, it seemeth, such
servant
is not within the meaning of the Act: First, For that the Act instanceth
in a persons coming to settle in a Tenement under 10 l. per annum;
and so
aimeth at persons keeping house, and having a family. Secondly, For
that it is not likely such persons can give the Security intended by the
Act; so likewise of Apprentices. |
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2. A Man dwelling in A. and having
a family, purchaseth bona fide
Lands in B. under 10 l. per annum, and cometh to live
in it with his
family: whether he be removable by this Act. And it seemeth
he is
not: For that such a one cannot well be adjudged likely to be chargeable;
nor can it be thought the mind of the Parliament to prevent such setlements. |
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3. As there is a time limited for complaint,
and no time limited for
the removal. Quære, within what time that must be procured.
But it
seems reasonable it should be before the next Sessions after the complaint;
otherwise a parish having complained, may let the person continue with
them, and take his labor, and keep him under apprehensions of removal,
which would discourage Industry. |
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Which Cases and Queries are obvious, as many
more are; but I
put them not, because I cannot resolve them; and it is well worthy
consideration of wise Law-makers to consider, whether notwithstanding
the specious allegations in the said Acts preamble, it be not prejudicial
to the Commonwealth. For that, 1. by the words likely
to be chargeable,
too great a scope is given to any person, although never so just and
prudent,
to inspect and to determine of another Mans livelihood and condition.
2. A Man without his offence, is debarred of his Natural liberty,
upon a possibility remote enough, be made a Beggar and a Prisoner, at
the same time deprived of the company of Friends and Relations, choice
of air and place of Trade. 3. It tends to discouragement
of Ingenuity
and Industry; for why should any one learn or indeavour to be excellent
in any Handicraft, which he is likely to make small use, and smaller benefit
of? 4. Places and persons are deprived of the labor
and industry
of others. 5. It tends to depopulation, which is the
greatest inconvenience
an Island can undergo. |
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As to the Authority of these Resolutions, it
is not great; for some
Countrey Gentlemen coming to Sit Robert Heath, when Chief Justice
in
the Circuits, put to him these several Queries, to which he subscribed
his own opinion, that brought the same into Sergeants-Inn-Hall, and
proposed
the same to the rest of the Judges; but they differing in opinion
from him in many things, they never came to a resolution, and so were
no more than his private opinion; which some Clerk getting, hath published
the same, as Master Justice Twisden declared in the Court
of Kings
Bench, in Easter Term, 28 Car. 2. as I heard and observed:
And afterwards
in Michaelmas Term, 28 Car. 2. a Gentleman of the Bar using
these
Resolutions to the third, fourth, and eighth Questions touching
putting
out Apprentices, as an Authority to his purpose, Justice Twisden
said,
Why do you use that as an Authority, which all the Judges disclaimed? |
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