The Statute of Artificers - 5 Eliz. C. 4
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| Date | 1563 |
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Entry
[The printed text of this act will be found in Stats. of the Realm, Vol.
IV., Pt. I. , pp. 414-22. The present text has beencopiedfrom the original statute in the House of Lords and differs in spelling from the printed version. Words and sentences in italics are additions made in the bill after engrossment and are therefore amendments made in the later stages of the bill's progress through the Houses.]
An Acte towching dyvers Orders for Artificers Laborers Servantes of Husbandrye and Apprentises. Althoughe there remayne and stande in force presentlie a greate nombre of Actes and Statutes concernynge the reteynynge departinge wages and orders of Apprentices Servantes and Laborers, aswell in husbandrye as in diuers other Artes Misteries and occupacions, yet partlye for thimperfeccion and contraritie that is founde and doo appere in sondrie of the saide Lawes, and for the varietie and nombre of them, and chieflie for that the wages and allouances lymytted and rated in many of the said statutes are in dyuerse places to small and not answerable to this tyme, respecting thaduancement of pryses of all thinges belonginge to the saide seruantes and laborers, the saide lawes cannot convenyentlie withoute the greate greyfe and burden of the poore laborer and hired man,be put in good and due execution: and as the saide severall Actes and Statutes were at the tyme of the makinge of them thought to be very good and beneficiall for the common welthe of this Realme, as dyvers of them yet are, So yf the substaunce of the manny of the saide lawes as are mete to be contynued shalbe digested and reduced into one sole lawe and statute, And in the same an unyforme ordre prescribed and lymytted concernynge the wages and other ordres for apprentices seruauntes and laborers, their is good THE STATUTE OF ARTIFICERS hope that it will come topasse that the same lawe, beinge duelie executed, shoulde bannyshe idlenes, avaunce husbandrie, and yelde unto the hyred persone bothe in the tyme of scarcitie and in the tyme of plentie a convenyent proporcion of Wages.
I. Be it therefore enacted That as moche of all the estatutesheretofore made, and every braunche of them as touche or concerne the hyringe kepinge departinge woorckinge wages or ordre of servantes Workemen Artificers apprentices and laborers, or any of them, and the penalties and forfeytures concernyng the same shalbe from and after the last daye of Septembre nexte ensuynge repealed. ... II . And be it further enacted that no manner of persone shall or persones after the foresaide laste daye of Septembre reteyne hyre or take into service, or cause to be reteyned hyred or taken into service, nor any persone shalbee reteyned, or hyred, or taken into service, by any meanes or collour to worcke for anny lesse tyme, or terme, then forr one hoole yere in any of the sciences craftes mysterys or arts of clotheires, wollen clothe wevers, tuckers, fullers, Clothworkers, Sheremen, dyers, hosyers, Taylours, shomakers, Tanners, Pewterers,Bakers, Brewers, Glovers, Cutlers, Smythes, Ferroers, Curryers, Sadlers, spurryers, Turners, Cappers, Hatmakers or feltemakers, Bowyers, fletchers, arrowhedmakers, Butchers, Cookes, or Myllers . III . That every person being unmarryed, and every other ...
person being under thage of thirtie yeres, that after the Feaste of Easter next shall marrye, and havinge bene brought upp in anny of the saide Artes, craftes or sciences, or that hath used or exercysed anny of them by the space of three yeres or more, and not havinge landes, Tenementes, Rentes or Heredyamentes, Copyholde or Freholde, of one estate of inherytaunce, or for terme of anny Lyfe or lyves of the clere value of xl s. , nor beinge worth of his owen Goodes the clere value of x poundes, and so allowed by twoo Justices of the peace of the Countie [etc.] nor beinge reteyned with anny person in husbondrie, or in anny of thaforesaide Artes nor llaufullie reteyned in anny other Arte or Science, nor in housholde, or in anny office with anny noble man gentle man or others, accordinge to the lawes of this Realme, nor havinge a convenyent ferme, or ...
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22 * other holdinge in tyllage, whereupon he maye employe his Labor, shall, duringe the tyme that he or they shall so be un- marryed, or under the saide Age of xxxtie yeres, uppon request made by anny person usinge the Arte or mystery, wherin the saide person so required hath beyne exercised as is aforesaide, be reteyned and shall not refuse to serue accordinge to the tenor of this statute, uppon the payne and penaltie hereafter mencioned.
IV.... That no person which shall retayne anny servaunte shall putt away his or her said seruaunte and that no person reteyned accordinge to this statute shall departe from his Master, Mistress or Dame before the ende of his or her terme, uppon the payne hereafter mencioned, unles it be for some reasonable and sufficient cause or matter to be allowed before twoo Justices of Peace, or one at the least, within the saide Countie or before the mayor or other chief officer of the citie Burrough or towne corporate, wherin the saide Master [etc.] inhabiteth, to whome anny of the parties greved shall complayne, which saide Justice [etc.] shall haue and take uppon them or hym the hearinge and ordringe of the matter, betwixte the saide Master [etc.] and servaunte accordinge to the equitie of the cause. And that no suche Master [etc.] shall putt awaye anny suche servaunte, at thende of his terme, or that anny suche Servaunte shall departe from his Master [etc.] at thend of his terme, withoute one quarter warnynge gyven before thend of his said terme, either by the saide Master [etc.], or servaunte the one to the other, uppon the payne hereafter ensuynge.
V.... Every person betwene the age of Twelve yeres and the age of Threescore yeres, not beinge laufullie reteyned, nor apprentice with any fysherman or maryner haunting the Seas, nor being in Service with any Kyddyer or Carryer of any corne grayne or meale for provision of the citye of London, nor withe anyhusbondman in husbondrie, nor in any Citie, Towne Corporate or Market Towne, in annyof thartes or Sciences
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appoynted by this Estatute to haue or take apprentices, nor beinge reteyned by the yere or half the yere at the leaste, for the diggynge seeking, fyndinge, gettinge, meltinge, fynynge, workinge, tryinge, makinge of any Syluer, Tynne, lede, Iron, Coper, Stone, sea THE STATUTE OF ARTIFICERS coole, stone coole, moore Coole, or Cherk cole, nor beinge occupied in or aboute the makinge of any glasse, nor being a gentleman borne, nor beinge a student or scoller in any of the universities or in anny scole, nor havinge landes [etc. as above, Section III.] . nor having a ffather or mother then lyvyng, or other Auncestour whose heire apparent he ys, then having lands [etc. ] of the yerely value of x poundes or above, or Goodes or cattelles of the value of xl poundes, nor beinge a necessarie ..
or convenyent officer or servaunt laufullie reteyned as is afore- said, nor havinge a convenyent ferme, or holdinge wherupon he maye or shall employe his labor, nor being otherwise lawfully reteyned according to the true meanyng of this Statute, shall
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by virtue of this estatute, be compelled to be reteyned to serve in husbandrye by the yere, withe any person that kepeth husbandrie, and will require anny suche person so to serve within the same shire wher he shalbee so requyred.
VI. [Penalty on masters unduly dismissing servants, 40 s.; on servants unduly departing or refusing to serve, im..
prisonment .]
VII.
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That none of the saide reteyned persons in hus- bandrye or in eny the artes or sciences above remembred, after the tyme of his reteynor expired, shall departe fourth of one Hundred, citie towne or parishe to another, nor oute of the nor oute of the Countie or Shire where he last served, to serve in any other Citie or Countie, unles he have a testymonyall under the Seale of the saide citie or of the Constable or constables or other head officer and of twoo other honest house ...
holders of the Citie Towne or parishe where he last served dewhich Sertificatt or Testyclaring his lawfull departure monyall shalbe wrytten and delyvered unto the said servaunte and also registred by the Parson Vicar or Curate of the Parishe where suche Master [etc.] doth or shall dwell. VIII. Upon the payne that every suche Servante so de...
parting withoute suche Certificate or Testymonyall shalbe imthe whiche if he prysoned untill he procure a testymonyall " cannot doo within the space of xxj dayes next after the first daye of his ymprysonment, then the sayde persone to be whipped and used as a vagabunde .; and that every person reteyn.
yng any suche servaunte withoute showinge suche testymonyall shall forfaite for every suche offence vli. And yf any suche person shalbe taken withe any countrefeyte or forged Testymonyall, then to be whipped as a Vacabounde. ...
IX.
That all Artificers and laborers being hyred for wages for the Daye or weeke shall, betwixt the myddest of the monethes of Marche and September, be and continue at there worke at or before v of the clock in the mornyng and contynewe at worke and not Departe untyll betwixt vij and viij of the Cloke at night, except it be in the tyme of breakefast Dynner or Drincking, the which tymes at the most shall not excede above ij howers and a half in the daye, That is to saye at every drynkyng one halfe howre, for his Dynner one hower, and for his Slepe when he is allowed to slepe, the which is from the middest of May to the mydest of August, halfe an houre at the most, and and at every Breakefast one halfe hower; and all the saide Artificers and laborers betwene the middest of September and the myddst of Marche, shalbe and contynewe at there worke from the springe of the daye in the mornynge untill the nyght of the same daye, except it be in tyme afore appoynted for breakefast and dynner, upon payne to lose and forfeit one penny for every howers absence, to be deducted oute of
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his wages that shall so offende. X.... that every artificer and Laborer . shall contynewe and not departe from the same worke before the fynyshyng ...
of the said worke, upon payne of ymprysonement byone monethe withoute bayle and the forfeyture of the somme of fyve powndes to the partie from whom he shall so departe. ...
ΧΙ.
And for the declaracion and lymytacion what wages servauntes laborers and Artyficers either by the yere or daye or ...
otherwyse shall have and receyve : Bee it enacted that the Justices of Peace of every shire within the lymytes of their severall comyssions, or the more parte of them being then resident within the same, and the sherife of that countie ifhe conveniently may, and every mayour, bailyf or other hed officer within any citie wherein is any justice of peace within the lymittes of the said Citie shall before the tenthe day of June next com..
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myng, and afterwarde shall yerely at every general sessions first THE STATUTE OF ARTIFICERS to be holden and kept after Easter or at some time convenyent within six wekes next followinge every of the said Feastes of and callinge unto them suche discreate Easter, assembel and grave persons of the said Countie or of the said Citie or Towne Corporate as they shall thinke mete, and conferrynge togither respectynge the plentie or scarcity of the tyme and other circumstaunces, necessaryly to be considered, shall have authorytie by vertue herof, within the lymytes and Precinctes of their severall comyssions, to lymyt rate and appoynte the wage as well of Suche and so many of the said Artyficers Handycraftesor any other laborer, servante or woorkemen whose men wages in tyme past hath bynn by any lawe or statute rated and appoynted, as also the wages of all other laborers
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which shall thinke mete by their have not been rated, as they discresions to be rated ... by the yere or by the Daye, Weke, Monethe, or otherwyse, with meate and Drincke or without Meate and Drincke, and what Wages every Workman or laborer shall take by the greate for mowinge, reapinge or thresheinge of corne and grayne, and for mowinge or makinge of heye and for any other kynde of reasonable Laboures or Service : and shall yerely before the xijth daye of Iuly next after the said assessement rate so appointed and made, certifie the same ...
with the consideracions and causes therof
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into the
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Courte of Chauncerey, wheruppon it shalbe lawfull to the lorde chauncellor of Englande or Lorde keper . upon Declaracion therof to the queenes majestie to cause to be prynted and sent downe, before the first daye of September next after the said Certificat, into every County x or xij Proclamacions or more conteynyng in every of them the severall rates appoynted
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with commaundement straightly tobserve the same and to all Iustices [etc.] to se the same duelie and severely observed
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..; uppon receyte wherof the saide Shirefes Iustices etc.
shall cause the same proclamacion to be entred of record shall fourthewithe in open Markettes upon the market dayes before mychhelmas then ensuynge, cause the and to be fixed in same proclamacion to be proclaymed and some convenient Place
..; And if the saide shrifes Iustices [etc.] shall at there saide generall Sessions, or at any tyme after within vj wekes then following thinke it convenyent to reteyne and kepe for the yere thentocome the rates of Wages that them, they theycertefied the yerebefore or to chaunge shall before the saide xijth day of Iuly yerely certyfie into the to thintente saide Courte of chauncerey theire resoluciones that proclamacions may accordinglybe renewed and sent downe; And if yt shall happen that ther be no nede of any altera..
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• cion of the rates
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then the proclamacions for the yere past shall remayne in force. XII. That yf all the said justices doo not assemble then and rate the Wages or be negligent every Justice by some credible person assessed and taxed in the Booke of Subsidie to the clere value of Fyve Poundes at the least, or by such other person as the most part of such Justices shall allow and accept to take suche othe, shallfor such Negligence Tenne Pounds . forfeite unto her queenes majestie ..
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XIII. [Penalty for giving wages higher than the rate, ten days imprisonment and fine of 51.; for receiving the same, twenty-one days' imprisonment.]
XIV. [Penalty on servants, etc., assaulting masters, etc., one years' imprisoment.] that in the tyme of hey or corne harvest, XV. Prouided the Iustices of Pease and also the cunstable or other hed officer of every towneshipe, vpon request and for thavoydinge of the losse of any corne grayne or heye, shall and may cause all to serve suche artyficers and persons as be mete to labour inning of corne, by the daye for the mowinge reapinge grayne and hey and that none of the saide persons shall refuse so to do vpon paine to suffer ymprysonment in the stockes by the space of twoo daies and one nyght ...
XVI.... all persons of the Counties where they haue accustomed to go into other Shires for Harvest worke and havinge at the tyme no Harvest worke sufficient in the same towne nor cuntie bringinge a testimoniall may repayre ..
unto any other place or countie for the onely mowynge
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reapinge, [etc. ].
XVII.
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That twoo Iustices of Pease, the Mayor or other Hed Officer of anyCitie [etc.] and twoo aldermen, or twoo other THE STATUTE OF ARTIFICERS discrete burgesses
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yf there be no aldermen, shall and may by vertue herof appoynt any suche woman as is of thage of xii yeres and vnder thage of xl yeres and vnmaryed and furthe of service to be reteyned or serve by the yere or by the weke or day, for suche wages and in suche reasonable sorte and ..
maner as they shall thinke mete: And if any suche woman shall refuse so to serve, then it shalbe lawfull for the saide Iustices [etc. ] to commyt suche woman to warde untill she shalbe bounden to serve as is aforesaide.
XVIII. And for the better advuncement of Husbondry and tillage, and to thintente that suche as are fyt to be made apprenThat every tices to Husbondry may be bounden therevnto person beinge an housholder and havinge and usinge halfe a ploughe land at the least in tillage, may have and receyve as an apprentice any person above thage of tenne yeres and under thage of xviij yeres to serve in husbandry untill his Age of xxj yeres at the least, or until thage of xxiiij yeres as the parties can agree ...
That every person being an Housholder and xxiiij ΧΙΧ. in any cytie or towne yeres olde at the least, dwelling Corporate, and usinge and exercising any arte mysterye or manuell occupacion there, shall and may after the Feast of reteyn the sonne of any St John Baptist next comynge freman not occupying husbandry nor beinge a laborer and inhabyting in the same or in any other citie or towne incorporate, to serve and be bounde as an apprentice after the Custome and Order of the Citie of london for seven yeres at the least, so as the tearme and yeares of such apprentice Do not expire or determyn afore suche apprentice shalbe of thage ...
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of xxiiij yeres at the leaste.
XX. Provided . that it shall not be lawfull to any person dwellinge in any Citie or Towne Corporate usinge exercysinge any of the mystereis or craftes of a merchante trapheiquinge by trapheke or trade into any partes beyonde the seae, mercer, draper, goldesmith, ironmonger, Inbroderer or clothear that dothe or shall put clothe to makynge and saile, to take any Apprentice or Servaunte to be enstructed or taughte ...
which they
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in any of the artes exercise, except such Servaunt or Apprentice be his Son, orels that the Father or Mother of Suche Apprentice or Servaunte shall have landes, tenementes [etc.] of the clere yerely value of xl s. of one ...
estate of inheritance or freeholde at the leaste That frome and After the said Feast of St John ΧΧΙ. ..
the baptist nexte, yt shalbe Lawfull to every person beynge an housholdertand xxiiij yeres Olde at the least, and not occupienge Husbondry, nor beynge a laborer Dwellinge in anyTowne not beynge incorporat, that now is or hereafter shalbe A markytt ..
Towne and exercysinge any arte mysterye or Manuell Occupacion to have in lyke maner to Apprentyes the "
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Childe or Children of any other artificer bondrye nor beyinge a laborer, whiche not occupienge husshall Inhabyte
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in the same or in any other suche markytt Towne within the same shyre, to serve as Apprentice as is aforesaid, to any suche Arte [etc.] as hath bene usually exercysed In any suche markytt Towne where such Apprentice shalbe bounde. ...
XXII. Provided person Dwellinge
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that yt shall not be Lawfull to any in any suche markytt Towne, exercysinge the feate mystery or arte of a merchant traphecquinge
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into the parties beyond the seaes, Mercer [etc., as above, Section XX.] to take any Apprentyce or in any wyse to teache or Instructe Any person in thartes
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lastbefore recyted, after the feast of St. John baptist aforesayd, except suche Servaunte or Apprentice shalbe his son or elles that the father or mother of suche Apprentice shall have landes [etc.]
of the clere yerely value of three poundes of one estate of inheritance or freeholde at the least.
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XXIII . That frome and after the said feast yt shalbe Lawfull to any person ... exercysynge tharte ... of a Smythe whelwright, plowewright, mylewright, carpenter,Roughe mayson, playsterer, sawyer, lymeburner, bryckemaker, bryke layer, Tyler, Slater, helyer, Tylemaker, lynnen wever, turner, Cowper, Myllers, Earthen potters, wollenwevers weaving huswyfies or householde clothe only and none other, Clothe Fuller otherwyse called Tucker or walker, Burner of Ore and Woade ashes , thatcher or Shingler, wheresoever he or they shall dwell tohave the sonne of any person as Apprentyce. ..
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THE STATUTE OF ARTIFICERS ..
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Albeyt the father or mother of any suche Apprentyce have not any Landes, Tenementes nor hereditamentes.
XXIV.... That after the first daye of Maye next commyng yt shall not be lawfull to any person or persons other then suche as nowe do Lawfully use or exercyse any arte mystery or manuall Occupacion to sett up occupye use or exercyse any crafte nowe used or occupyed within the Realme of England or Wales excepte he shall have bene brought uppe therin Seven yeres at the least as Apprentyce, in maner and forme abovesaid, nor to sett anye person on worke in suche Occupacion ...
beinge not a workeman at this day, except he shall have bene apprentyce as is aforesaid, orels having servyd as an Apprentyce will becomme a Jorneyman or be hyred by the yere : Apon paine that every person willingly offendinge or ...
doynge the contrary shall forfett for every Default xls.
for every moneth. XXV .
Provided that no person ... exercysinge the arte or mystery of a wollen Clothe wever other then suche as be inhabitinge within the counties of cumberlande, westmerlande, lancaster and wales, weavinge Fryzes Cottons or houswyfes clothe only, makinge and weavinge wollen clothe comonly solde or to be solde by any clotherman or clotheor shall ...
have any Apprentyce or shall in the Scyence
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instructe any person
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of weavinge aforesaid in any village towne or Place, (Cities Townes corporate and market Townes only except) etc. unles suche person bee his Sonne, or els that the ...
father or mother of such apprentyce or servaunte shall
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have landes [etc.] to the clere yerely value of three poundes at the leaste of an estate of Inheritance or freehold upon paine of forfeyture of xxs. for every monethe. XXVI. That all and every person or persons that shall ...
have Three Apprentices in any of the said craftes
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of a clothemaker, fuller, shereman, weaver, tailor or shomaker, shall reteyne and kepe one Jorneyman and for every otherApprentyce above the nomber of the said three Apprentyces one other Jorneyman, upon paine for every defaulte therin tenne poundes. That this act shall not extende to prejudice XXVII , ...
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the companye ... of worstedmakers
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of Norwyche.
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XXVIII. ... That yf any person shalbe required by any housholder havinge and usinge halfe a Ploughelande at the least in tillage to be anApprentyce and to serve in Husbandry as in any other kynde of arte [etc.] before expressed, and shall refusse so to doo, that then upon the Complaynt of suche houskeaper made to one Iustice of peace of the countie wherin the said refusall is or shalbe made, or of such housholder Inhabyting in any Cytty towne corporate or markytt Towne to the mayor and bailiefes or hede officer of the said cytty [etc.] theyshall have full poure .. to sende for the same person so refusing, And yf the said Iustice [etc.] shall thynke the saide person meate the said Iustic to serve as an apprentyce in that arte to commit him unto orhede officer shall have powre . bounden to serve as Warde, there to remayne untill he be an apprentise shoulde serve ... ; And yf any suche Master orthapprentyce shall mysuse or evill intreat his apprentyce do not his deiutie to his Master, Then the said Master or shall repaire unto one Iustice of Prentyce, beyinge grevyd peas [etc. ] who shall by his wysdome and dyscreasion take suche order and direction betwene the said Master and his Apprentyce as thequitie of the cause shall require : and yf for wante of good conformitie in the said Master the said Iustice [etc.] or hedd officer cannot compound and Agree the matter betwene hym and his Apprentyce, then the said Iustice [etc.] or Hedd officer shall take bande of the said Master to Appere at the next sessyons then to bee holden in the said Countrie within the said Cytty [etc.] ..., and uppon his Apparance and heringe of the ..
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matter yf yt be thought mete unto theme to dyscharge the said Apprentyce of his Apprenticehodd, That then the said ...
Iustices or fowere of them at the least, wherof one to be of the hedd officer, with the consent of thre quorum, or the said other of his Bretherne or Men of beste Reputacion within the said Cytty [etc.] shall have powre. to pronownce [etc.] that ...
they have dyscharged the said Apprentyce of his apprenticehode ; and yf the Defaulte shalbe founde to be in the Apprentyce then the said Iustices etc. or hedd offycer with thassistentes ...
aforesaid, shall cause suche Due correction and Punishment to be mynestred unto hym, as by their wisdome and dyscreacions shalbe thought mete.
THE STATUTE OF ARTIFICERS XXIX. Provided that no person shall be force [etc.] of this Estatute be bounden to enter into any apprenticeshipe other then suche as be under thage of xxi yeres. XXX. And to thende that this Estatute maye from tyme to ...
tyme be carefully Be it enacted put ingood execusion.
that the Iustices of peas of every countie Devydinge themeselves into severall lymyttes, and lykewyse every maiar ...
and hed officer of any cytty or towne corporat, shall yerely betwene the feast of St michell tharchangell and the nativitee of our lord, and betwene the Feast of the Annuncyacion of our lady and the feaste of the Nativity of St. John baptist make a speciall and dyligent inquirie of the Braunches and ...
articles of this Estatut, and of the good executione of the same, and where they shall finde anydefaultes to see the same severely corrected and punyshed without favore ordyspleasur.
XXXI.
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That every Iustice of peace, Maior and Hedd officer for every Day that he shall sytte in and Aboutt thexecution of this Estatut shall have alowed unto hyme fyve shillinges due by to be [etc.] payde of the Fynes [etc.] ...
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force of this Estatut.
XXXII. [Procedure for recovery of penalties.] that this act shall not be pre- XXXIII . Provided
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juidiciall or hurtfull to the Cytties of London and norwiche or to the lawfull lyberties [etc.] of the same Cytties, for [etc.] the havinge [etc.] of any Apprentice. XXXIV. [Contracts of apprenticeship contrary to this Act to be void, and a penalty of £10.] XXXV. [Contracts of apprenticeship to hold good though made while the apprentice is under age.]
XXXVI. [Proviso for the Town of Godalming, Surrey.] XXXVII . [ Application of Penalties in Cities and Towns Corporate.] XXXVIII. [Proviso for Contracts already made.]
XXXIX. [Servants departing from their masters into other shires to be apprehended and imprisoned until " they shall finde sufficient suretie well and honestlye to serve their master," etc.] XL. Provided alwayes that it shalbe lawfull to the highe Constables of hundredes in everys here to holde keape and continiwe petye Sessyons otherwise Statute Sessyons within the lymettes of their auctarytes in al sheres wherein suche Sessyons have byn used to be keapte, in such maner and forme as heretofore hathe byn used and accustomed, so as nothinge be by them done therein contrarie or repugnant to this present acte.
