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CHAPTER THE

NINTH.

APPRENTICE S.

I. Who fhall take apprentices.

II. Who are compellable to ferve.

III. Of the indentures.

IV. Of the flamp duty.

V. Of the apprentice fee.

VI. Jurifdiction of THE JUSTICE and THE SESSIONS. VII. Of affigning apprentices: and the death of the parties. VIII. Of exercising a trade.

IX. Of parish apprentices.

X. Of apprentices to the fea fervice.

XI. Of apprentices bound by public charities. XII. Of apprentices to CHIMNEY SWEEPERS.

619.

1. Who fhall take apprentices.

BY Husbandmen and

bou kolders may

5. Eliz. c.4. f.25. "For the better advancement "of husbandry and tillage, and to the intent "that fuch as are fit to be made apprentices to husbandry take apprentices may be bounden thereunto, it is ENACTED, That every by indenture. perfon being a boufholder, and having and using half a "plough land at the leaft in tillage, may have and re"ceive as an apprentice any person above the age of ten

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years, and under the age of eighteen years, to serve in "hufbandry, until his age of twenty-one years at the "leaft, or until the age of twenty-four, as the parties. "can agree: the faid retainer and taking of an appren"tice to be made and done by INDENTURE.'

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prentice for Seven years.

620. By 5. Eliz. c. 4. f.26. "Every perfon being an houfe- Every bousholder "holder, and twenty-four years old at the leaft, dwelling dwelling in any "or inhabiting, or which fhall dwell and inhabit in any town corporate "city or town-corporate, and ufing and exercifing any art, may take an ap mystery, or manual occupation there, fhall and mav, during the time that he fhall fo dwell or inhabit in any fuch city or town-corporate, and ufe and exercife any fuch mystery, art, or manual occupation, have "and retain the fon of any freeman, not occupying hufGg 2

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bandry,

Merchants and

rents poffefs
freeholds of for-
ty fhillings a

year.
Dalt. c. 58.

"bandry, nor being a labourer, and inhabiting in the "fame or in any other city or town that now is, or here"after fhall be and continue incorporate, to ferve and be "bound as an apprentice, after the cuftom and order of "the city of LONDON, for feven years at the least, so as "the term and years of fuch apprentice do not expire or "determine afore fuch apprentice fhall be of the age of "twenty-four years at the leaft."

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621. By 5. Eliz. c. 4. f. 27. "PROVIDED that it fhall traders shall not "not be lawful to any perfon dwelling in any city or takeapprentices, c town-corporate, ufing and exercifing any of the myfexcept their pa- «teries or crafts of a merchant trafficking by traffick or "trade into any the parts beyond the fea, mercer, draper, goldfmith, ironmonger, embroiderer, or clothier, "that doth or fhall put cloth to making or fale, to take "any apprentice or fervant to be inftructed or taught in any of the arts, occupations, crafts, or myfteries, "which they, or any of them, do ufe or exercife; except "fuch fervant or apprentice be his fon, or elfe that the "father and mother of fuch apprentice or fervant shall "'have, at the time of taking fuch apprentice or fervant, "lands, tenements, or other hereditaments, of the clear "yearly value of forty fhillings, of one eftate of inheri"tance or freehold at the leaft, to be certified under the

1. Burn's Juftice, 16th edit. page 58.

Whom they may have for

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hands and feals of three juftices of peace of the fhire or "fhires where the faid lands, tenements, or other here❝ditaments, do or fhall lie, to the mayor, bailiff, or other "head-officers of fuch city or town-corporate, and to be "enrolled among the records there (a).'

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622. By 5. Eliz.c.4.f.28."Every perfon being an hou folder, and four-and-twenty years old at the least, and net their apprenti❝ occupying hufbandry, nor being a labourer, dwelling inhabiting, or that fhall hereafter dwell or inhabit "in any town not being incorporate, that now is, or "hereafter fhall be a market town, fo long as the fame "fhall be weekly ufed and kept as a market town, and

ses, which dwell in markettowns

not corporate. 8. Co. 129.

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ufing or exercifing any art, myftery, or manual occupation, during the time of his abode there, and fo ufing and exèrcifing fuch art, mystery, or manual oecupation as aforefaid, may have in like manner to

(a) The directions concerning the parents eftate, &c. are become oblolete, and of no use. The reit ictions were originally inter.ded (as appears by the ftatute 9. Hen. 6. c. 17.) for the encouragement of husbandry, and

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therefore this ftatute of e. Elis, is to be underflood as expreffing that any perfon being a boufholder may take apprentice the fon of any feeman not occupying busbandry er being a fa bourer See 1. Bum juft. 59. 60.

"apprentice or apprentices, the child or children of any "other artificer or artificers, not occupying huíbandry, "nor being a labourer, which now do, or hereafter shall " inhabit or dwell in the fame, or any other fuch mar"ket town within the fame fhire, to ferve as appren"tice or apprentices as is aforefaid, to any fuch art,

myftery, or manual occupation, as hath been ufually "exercifed in any fuch market town, where fuch apprentice fhall be bound in manner and form above"faid."

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a market town

623. By 5. Eliz. c 4. f. 29. "No perfon dwelling or What apprenti "inhabiting in any fuch market town, ufing or exer- ces merchants cifing the feat, mystery, or art of a merchant traffick- and certain tra "ing or trading into the parts beyond the feas, mercer, ders dwelling in draper, goldfinith, ironmonger,embroiderer, or clothier, not corporate "that doth or fhall put cloth to making and fale, fhall may take. "take any apprentice, or fhall in any wife teach or in- Cio. Eliz. 723. ftruct any perfon in the arts, fciences, or myfteries "lait before recited; except fuch fervant or apprentice "thall be his fon; or elfe that the father or mother of "fuch apprentice fhall have lands, tenements, or other hereditaments at the time of taking fuch apprentices "of the clear yearly value of three pounds of one citate of inheritance or freehold at the leaft, to be certified "under the hands and feals of three juftices of the peace "of the fhire or fhires where the faid lands, tenements, "or other hereditaments, do or fhall lie, to the head"officers or head-officer of fuch market town where "fuch apprentice or fervant fhall be taken, there to be "enrolled by fuch head officers always to remain of "record."

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624. By 5. Eliz. c. 4. f. 30. “It fhall be lawful to any per- Artificers may "fon ufing or exercifing the art or occupation of a take apprentices fmith, wheel-wright, plough-wright, mill-wright, car- although their "penter, rough-mafon, plaifterer, fawyer, lime-burner, difpend no land. “brick-maker, bricklayer, tyler, flater, helier, tyle"maker, linen-weaver, turner, cooper, miller, earthen

potters, woollen-weaver weaving hufwives or houfhold "cloth only and none other cloth, fuller, otherwise "called tucker or walker, burner of oare and wood"afhes, thatcher, or thingler, wherefoever he or they "fhall dwell or inhabit, to have or receive the fon of "any perfon as apprentice in manner and form afore"faid, to be taught and inftructed in thefe occupations. "only, and in none other, albeit the father or mother

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"of

parents may

Traders who

prentices muft keep one journeyman.

"of any fuch apprentice have not any lands, tenements, 66 or hereditaments."

625. By 5. Eliz. c. 4. f. 33. "Every perfon who fhall have three ap« have three apprentices in any of the crafts, mysteries, ❝or occupations of a cloth maker, fuller, fheer-man, "weaver, taylor, or fhoe-maker, fhall retain and keep "one journeyman; and for every other apprentice above "the number of the faid three apprentices, one other "journeyman; upon pain of every default therein to "forfeit TEN POUNDS.

The citizens of
London and
Norwich may
take apprentices

as before this
act.
:

Owners of

626. By 5. Eliz. c. 4. f. 40. " PROVIDED ALWAYS, "that this act, or any thing therein contained or men❝tioned, shall not be prejudicial or hurtful to the cities of LONDON and NORWICH, or to the lawful liberties, "ufages, cuftoms, or privileges of the fame cities, for or "concerning the having or taking of any apprentice or "apprentices; but that the citizens and freemen of the

fame cities thall and may take, have, and retain appren"tices there in fuch manner and form as they might lawfully have done before the making of this ftatute."

627. By 5. Eliz. c. 5. f. 12. "It fhall be lawful to all fhips, fishers on " and every owner and owners of fhips or veffels, and to the fea, gun"every houfholder ufing and exerciting the trade of the ners, and hip-feas by fishing or otherwife, and to every gunner or gunners commonly called cannoniers, and to every thipwright, to take and keep one or more apprentice or "apprentices to be brought up in the fame trade or "trades, every of the fame apprentice or apprentices to

wrights, may take appren

tices,

Hatmakers

fhall not have wap.

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be to them bound for ten years or under; and every "apprentice fo taken, being above feven years of age, "fhall be by the fame covenants bound, ordered, and "ufed to all intents according to the cufloms of the CITY "OF LONDON; fo that the same covenant or bond of apprenticeship be made by writing, indented, and inrolled "in the town where the fame apprentice fhall be then

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inhabiting, if it be a town corporate; and if the town "be not incorporate, then to be inrolled in the next "town incorporate to the habitation of every fuch ap"prentice; and that the officers of every such town cor"porate fhall take for every fuch inrollment not above twelve-pence.'

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628. By 1. Jac. 1. c. 17. f. 3. and 5. "No perfon in "the trade or art of felt or hat making fhall retain or at the fame time, excepting their fons,

"fet

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"fet to work above the number of two apprentices at one time, nor thofe for any lefs term than feven years, "upon pain to forfeit five pounds for every month: "PROVIDED that this fhall not extend to charge any

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perfon lawfully exercifing the faid art with any pain or forfeitures for fetting or ufing his own natural fon "or fons to the making or working of hats or felts in "his own houfe, fo as every fuch fon or fons be bound by indenture of apprenticehood for the term of feven years at the leaft, which term fhall not be to expire "before he shall be of the full age of two and twenty

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fhall only take

629. By 13. and 14 Car. 2. c 5. f. 18. "NORWICH Manufacturers "WEAVERS Who fhall employ two apprentices in the in the worffed "faid trade, fhall likewife employ and fet on work two weaving trade" journeymen in the faid trade during the time he em- at Norwich ploys two apprentices; and no mafter weaver under two apprentices "the regulation of the faid trade, fhall at any time have, at the fame employ, or fet on work above two apprentices, or any time. "week boy to weave in a loom in the faid trade of "worfted-weaving, upon pain that every person fhall "forfeit, for every month fo offending the fum of five pounds to the ufe of his majefty."

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II. Who are compellable to ferve.

to be an ap

630. By 5. Eliz. c. 4. f. 35. "If any perfon fhall be The punithrequired by any houtholder, having and ufing half a ment of him plough-land at the leaft in tillage, to be an apprentice, which refufeth "and to ferve in hufbandry, or in any other kind of art, "mystery or fcience before expreffed, (a) and fhall re- (a) Vide poft. "fufe fo to do, That then upon the complaint of fuch sea. Vil. "housekeeper made to one juftice of the peace of the

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county wherein the faid refufal is or fhall be made, or "of fuch houtholder inhabiting in any city, town-corporate, or market town, to the mayor, bailiffs, or head"officer of the faid city, town corporate, or market"town, if any fuch refufal fhall there be, they fhall have "full power and authority by virtue hereof to fend for "the fame perfon fo refufing: and if the faid juftice, or the "faid mayor or head-officer fhall think the faid perfon "meet and convenient to ferve as an apprentice in that art, labour, science or mystery wherein he fhall be fo "then required to ferve; that then the faid juftice, or "the faid mayor or head-officer, fhall have power and authority by virtue hereof, if the faid perfon refufe to

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prentice.

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