Page:Ruffhead - The Statutes at Large - vol 9.djvu/621

Rh their losses, decay, or hinderance, as in time part hath been used, any thing in this Act notwithstanding.

IX. And be it further enacted by the authoritie aforesaid, That all and every Statute and Act of Parliament made for punishment of vagabonds, slaves, aged and impotent persons, or any of them, and every Article, sentence, clause or proviso, therein contained, other then this present Act and Statute made, and the sayd Act made in the said two and twentith yeere, mall be from henceforth utterly void, repealed, and of no effect or force.

"X. And forasmuch as diners men and women going on begging, impotent and lame, and some able inough to labour, doe carry children about with them of tender age, and some of foure, five or sixe yeeres of age, or yonger, or elder, which being once brought up in idlenesse, will hardly be brought after to any good kind of labour, paine, travell or service:" Be it enacted by the authoritie aforesayd, That if any child above the age of five yeeres, and under the age of fourteene, goe about wandering, as is aforesayd, or else alone, in case any manerperson on that is able to keepe any such child, will take it, be it male or female, of and from any such begger being the father or mother thereof, nourisher or keeper, whether they be willing or not, or without any such Nursse, father, mother or keeper, by him or her selfe wandring, and bring such child so taken, before one of the Constables of the Parish, where the child shall so fortune to be taken up, and at the next generall quarter Sessions to be holden in the Shire next to the place where the sayd taking up shall fortune to be, present the same in the presence of the sayd Constable, before the Justices of peace at the same Sessions, and there in open Sessions promise to bring the same child up in some honest labour or occupation till the woman childe come to the age of fifteene yeeres and the man child to the age of eighteene yeeres, if the Maister or Mistrese shall chance so long to live, that then and immediately the sayd Justices of peace by their discretion shall adjudge by vertue of this Act, the sayd child unto the ages before speciried, to be servant or servants to the sayd person or persons, so taking and promising, as is aforesayd, such child to be used and ordered, in all points according as the law and custome of the Realme is of servants without wages, to what labour, occupation, or service soever the sayd taker up, or Maister or Mistresse shall appoint him or her, during the sayd tearme, and the sayd judgement shall be entered by the Clearke of the peace in the sayd Sessions in forme following:

"EMORANDUM, That at the Sessions of the peace holden at W. the day &c. One I. B. of the Towne of L. had delivered to him, according to the forme of the Statute in that case provided B. T. esteemed to be of the age of seven or eight yeeres, to be ordered according to the forme of the sayd Statute."

XI. And if it shall fortune such child so adjudged to runne away at any time, once, or more times, from his, or her Maister or Mistresse, that then it shall be lawfull for every such Maister or Mistresse, to take the sayd child againe, and to keepe and punish the sayd child in the stockes, or otherwise by discretion, or otherwise at the liberty of such Maister or Mistresse, to have a warrant from any Justice of peace in the same Shire where the child so runnes away, for such child running away, or going away, as is provided by the Statute of labourers, for such servants as depart away from their Maister or Mistresse, without a reasonable cause before the end of their tearme.

XII. And that every Justice of peace shall by force of this Act have authoritie and power, to make such warrant against every such person so going, and running away, in like forme as they or any of them may doe against any servant departing out of his Maisters service without license, or reasonable cause, and by force of the same warrant, the child so running or going away, to be taken and ordered in every degree, as is provided by the sayd Statute of labourers for servants departing out of their Maister or Mistrese service, as is aforesayd.

XIII. And be it further enacted by the authoritie aforesayd, That if, and as often as it shall chance the father, mother, nursse, or other bearer about of the child, or any other, person or persons, to steale, or intise away any such child, adjudged for a servant, as is aforesayd, that then, and so often it shall be lawfull for the maister, or mistresse of the same child to be at his or their liberty, to take an Action upon the Statute of labourers against every such person so dealing, or intising away such child as he, or they might have, by reason of the sayd Statute for labourers, against him, or them that retaines any mans servant out of his service, before the end of the sayd tearme, or else to take an Action of Trefpasse against such offendor, in which Action hee shall recover his dammages, and treble costes of his sute.

XIV. Provided alwaies, and be it enacted by the authoritie aforesayd, That if the Maister, or Mistresse, to whom such child as is aforesayd shall be adiudged to be servant, be unreasonable in ordering, and bringing up of such child, that then at all times upon complaint made at the generall quarter Sessions of peace, in the Countie where the sayd child shall be by two honest neighbours of the same place, or Towne where the said child shall fortune to be so unreasonably ordered, if it shall appeare by honest witnesse to the Justices of peace at the same Sessions that the complaint thereof made shall be true, then the Justices of peace at their generall Sessions in the same Shire, where such complaint shall be made, shall by vertue of this Act have authoritie and power to discharge the sayd child from his or their unreasonable maister, or mistresse, and appoint the same to some other honest maister, or mistresse, unto the sayd ages, to be ordered in every degree as the sayd child should have beene with his former maister or mistresse, and that order, and appointment to be written in the Booke of the Clearke of the peace, for the which entrie the sayd Clearke of the peace shall have foure pence for his labour, and not above, and in like maner shall have foure pence and not above, for the first entrie of the child to be servant, as is aforesayd, to be payd by the maister, or mistresse of the sayd child. XV. Provided