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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A61441 Relief of apprentices wronged by their masters how by our law it may effectually be given and obtain'd, without any special new act of Parliament for that purpose. Stephens, Edward, d. 1706. 1687 (1687) Wing S5438; ESTC R15750 10,519 17

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to run out a good part of a fair Portion and after all Accounts cleared this Man had the Conscience upon such pretences as these to retain no less than 200 l. of that money Which the Young-mans Friends chose rather to yield to and accept of what they could get than to hazard the Expence of much of the rest in a troublesome Suit under such discouragements as these I have mentioned And upon this occasion I cannot but take notice of Another unreasonable Practice which the same Person to excuse himself pretended to be no more than Usual He charges his Apprentice with the keeping of his Cash and yet orders him to leave his Keys when he goes abroad upon his business and yet again requires him to make a strict account and to make up of his own what is wanting How such Men can satisfie their Consciences in such things I cannot understand But this by the by The same Opinion I have heard maintain'd by others who had not any particular concern in any such case but only general as Citizens and Trades-men So strangely are many Men in this vitious and corrupt Age blinded with prejudice in what is or may be their own concern that one would think they had not only extinguish'd all sense of Religion but moreover put off not only the Moral but even Rational part as to these things of Humanity also Were it not so could such Men have such hard and inhumane hearts as not to be affected with the Ruine of a Man in their own Family or to have no Charity or Pity for the misfortune of one committed to their care or to have no Compassion for the trouble and affliction it must be to the Relations and Friends who had dealt with them and that upon great trust and confidence yet it might be expected that if not out of a natural Generosity at least out of regard to their own Credit and Reputation they should restore the whole Money without trouble But instead of that we often find the quite contrary in such Men who being better able to tell their story than the poor young Lad make it their first business to raise as great prejudice against him in his Parents and Friends as may be and having gotten the advantage of an apparent fault think they must needs be believed in whatever other fine probable stories they can contrive and with passionate or easie Men they often do their business by this means without more of do Or if that will not so easily pass they will be so very fair as to offer a Referrence to two Citizens whereof one who must be of their own choosing to be sure shall be such as will do nothing but according to his private Instructions or however according to the false Principles before mentioned and can with more confidence urge those things in another's behalf than perhaps he could in his own and the other if a Man who lives in the Countrey and hath little to do with Traders as it often happens can among his small aquaintance meet with one to act for him if he be not strongly prepossessed with these false principles yet his own experience can satisfie both himself and his Friend that it is much better to yield to unreasonable terms than make use of a Remedy worse than the Disease So besure the Master comes off with good advantage that way and with Credit too as he thinks for being so fair as to refer what he had already in his hands But if he chance to meet with one who easily sees through these little tricks and policies and will not so be put off then as the temptation becomes double upon him for now his Reputation also is like to be concern'd so nothing will be stuck at which may serve either to represent the Apprentice as ill as may be or to cause delay and make the Proceedings tedious and tiresome to one whose abode and business lies perhaps far remote from the City or in the end to baffle the Cause The other Encouragement which is taken for these Abuses is from the great Disadvantage Men who live remote from the City are under in the prosecution of their Remedy for their Expence in coming hither and lying here for that purpose and their Loss by neglect of their business at home and the Charges of the Suit besides their vexation and trouble is usually as much or more than they recover Whereas a Citizen is at home all the while is but little hindred in his business and at no Expence more than for the bare proceedings at the Law unless it be such as he will not be willing to own And this ought also to be taken into consideration in the giving Relief that such Abuses may have as little encouragement upon this occasion as may be Now the REMEDY which I conceive is already in the power of our Courts of Justice to give is that an Action being brought by the Apprentice upon his Indenture and laid not in London but in Middlesex or some other convenient County if it come to Tryal that upon motion a special Jury if in Middlesex be granted of such as are not Traders or take no Apprentices or if it come to an Enquiry of damages that that be done by such a Jury and before a Judge in their Sittings upon Middlesex causes or in the Circuit And this is a Remedy which hath these Qualifications to recommend it 1. It is I conceive already in the power of our Judges to grant it 2. It is for the Honour of our Laws and a considerable Instance that they are not so defective for the Administration of Justice as many Men imagine 3. It is a just and reasonable Remedy restraining the Abuses of all men without putting any inconvenience upon good and honest Men. 4. It is very necessary for the Abuses of this kind are grown very common and notorious 5. It is very likely to be Effectual it is accommodate to take away the very occasion and encouragements of them 6. And yet is no more than necessary For what Justice can be expected from Men generally under such Prejudices as these And though the Jury be properly Judges of the matter of Fact yet for the Vnder-Sheriff who returns the Jury and returns whom he pleaseth to exercise the part of a Judge in summing up the Evidence and directing the same Jury which he himself hath returned is more than the Judges themselves do a thing subject to much Corruption and Abuse and doth well deserve to be taken into consideration for a Remedy Besides there doth many times arise matter of Law upon the Evidence which could not be foreseen And the great difference of the Counsel which may be retained on the one side and on the other whereby many times a good Cause may be run down doth often require a more considerable Judge than an Vnder-Sheriff to direct the Jury and prevent their being misled It remains now only to give a brief Relation of what hath been done in order to the putting of this Remedy in practice and with what Success And this I had done and therewith given some further proof of some of the mattes before mentioned But upon further consideration thought fit to leave it out at present and defer it to another time intending to do it then more largely if there be occasion and if the success of this doth not make that labour needless Postscript to the Citizens SHould any one upon perusal of this Paper suppose the Author no Friend to the City he would be so far● mistaken that from the same matter from whence he supposes that the contrary may be demonstrated and that by several Reasons 1. The wickedness of such an Abuse considered with such Circumstances as usually accompany it is plainly of the most heinous degree next to Murther far more heinous than Picking of Pockets Theft or Robbery For though it doth not destroy the Person immediately it doth often totally ruine his well-being and the Families that might have proceeded from him and not seldome occasions the ruine of his Person And as such Crimes do usually provoke the Judgments of God upon such particular Persons as are guilty of them so when they become publick Sins which may be by commonness Connivance and Impunity they involve the whole Community in the Guilt and provoke common Calamities And it is no small Kindness to endeavour to remove and avert such Mischiefs 2. The Remedy proposed is so moderate reasonable and favourable that it hath been thought 〈◊〉 some very considerable Persons more mild than such 〈◊〉 do need and deserve And the very endeavour to 〈…〉 an one is no small Kindness in regard ●●at if it be not neglected it may prevent others more severe It is therefore to be wished that it may be taken into due consideration and that all good Citizens in their several places use all endeavours to correct and extirpate these Abuses and thereby avert the Judgments of God or however extricate themselves out of the common Guilt and make a more severe Remedy needless