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 With Allowance LONDON Printed by H. Clark near St. Pauls-Wharf in Thames-street 1687. TO THE Right Honourable George Lord Jeffries Baron of Wem Lord High Chancellor of England and one of His Majesties most Honourable Privy Council Sir Robert Wright Lord Chief Justice of the Kings Bench And the rest of the Honourable Judges May it please your Lordships THE enclosed Paper is designed to detect the True but Latent Causes and Occasions of a great Abuse very common and notorious in this City of London and of very pernicious consequence throughout the whole Kingdom to shew the Iniquity and Vnreasonableness of certain false Principles and Opinions which support it and for a check to the Abuse and Encouragement to such as need Relief to shew how by our Laws effectual Remedy may be given without any special New Act of Parliament For the Abuse is such and so common and notorious that divers Parliament-men have thought it worthy of a special Act of Parliament to restrain it But if effectual Remedy may be had without it it is presum'd that that will be more Honourable for our Laws and therefore that the tender of it to the consideration of your Lordships will be no ungrateful Service It is also hoped that the Approbation of it by your Lordships Authority will not only give Life to the Remedy herein mentioned but even of it self give great Check to such Abuses 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 IT is certain and generally known to most men acquainted with the Occurrences in this City of London that of those Youths who are daily put Apprentices here a very great number do miscarry and never come to exercise the Trades to which they were put And of those though many miscarry through their own fault yet that very many do miscarry either through the Carelesness and Negligence or the Harshness and unreasonable Severity or which too often happens through the ill Designs and Practices of their Masters This is so common and notorious that there is no part of the Nation which hath not many examples of such unhappy young men who might have been very useful in their Generation but by these means are driven either into ill Courses or become altogether useless to the Publick and a burden to their Relations And therefore since the best and wisest even of Heathen States have been usually very provident for the Education of their Youth it might be thought a very great defect in us if we should be destitute of sufficient Remedy for so notorious an Abuse in a matter of so great moment But I 'm of opinion that if the matter be well consider'd neither are our Legislators nor our Laws already constituted to be blam'd in this respect Not our Legislators For Abuses will like evil Weeds be alwaies growing up even in the best constituted States And it will be some time e'er they be observed And it will again after they are observ'd require some time to find out and settle a proper Remedy for them And for those Abuses whereof I speak they have not certainly been of any long time practis'd or however not so notoriously and commonly but have by degrees grown more frequent and notorious as the Rates which men have given with Apprentices have been raised which are now within these twenty years last past or little more risen to that height that may well prove a Temptation to men who are continually employ'd in Business for Gain and are not punctually and resolutely Honest And therefore it is no wonder if now more than heretofore in so great a City there be many men noted to have had many Apprentices but never any that came to any thing in their Trade and are reasonably enough suspected to make a kind of Trade of it to take great Summs of Money with Apprentices and in a year or two or some short time upon some pretence or other to turn them off with little and take others again with great Summs in their places and that divers ill arts and practices have been observ'd to have been us'd by such persons to bring their Designs about and worse to put some colour upon their dealings when they have been question'd for the same For Credit and Reputation is of so great importance to a Trader that he who makes light of the Ruin of a man is not likely to make scruple of the use of any means though never so vile and wicked to save that which is of so great concern to him But these things I am inform'd have been some years since observ'd and taken into consideration in order to the providing of a Remedy by divers worthy Members of Parliament though nothing yet by reason of various occurrences intervening hath been offer'd to the House But that which I am inform'd was thought by some the most effectual Remedy was by a short Act of Parliament to make all Bonds void which should be given for the Fidelity of Apprentices This I confess might seem an effectual means to make the Master more careful of them And it is an Argument that those Gentlemen were very sensible of the notoriousness of the Abuse who could think so severe a Remedy necessary But I cannot approve it For 1. I think it not so effectual a means for the end intended as is presumed For a Master who had a Design upon his Apprentice might notwithstanding leave him liberty enough to do those things from which he might take a pretence to turn him off and disappoint him of his Trade and yet be a sufficient Gainer out of the Money he had received 2. it is a restraint of a reasonable and necessary Security and though it might be reasonable could it be applied only to ill Men yet forasmuch as it would be equally inconvenient and grievous to the most innocent and honest Masters as to the worst of all I think it unreasonable 3. It would be apt to put honest and good Men upon almost the like Rigor and Severity for their own Security which is supposed to be practiced by ill Men for their Advantage 4. It seems to me to be attended with no less Inconvenience to the Publick than that which is designed to be remedied by it For the Consequence would be that neither would Masters know how to take Apprentices nor would others be able to get Places and Employments for their Children without great difficulty and trouble And besides all this I think it needless For I am of opinion with submission to better Judgments that in this as in divers other Cases our Laws are not so defective as some Men other wise of Wit and Parts enough but not sufficiently acquainted with them do imagine
and that there is no great need to encrease the bulk of our Statues which is grown very large already by a new Law for this Purpose For I take it that our Courts of Justice have power and Authority already sufficient and we ought not to suspect them to be unwilling to use it upon so just and necessary occasion to give Remedy in this case if the Occasions and Encouragements to such Abuses be well considered And the principal Encouragements I take to be from the great Discouragements Men commonly meet with in seeking Relief And these again if we trace them to their Seat will be found to proceed partly from certain false and mistaken Principles or Opinions which like many Customs have insensibly crept in and are generally received among the Citizens whereby Men whose honesty and sincerity otherwise I do not in the least question are ordinarily imposed upon and misled in their Judgments and Verdicts and partly from the great Disadvantage many Men are under for the prosecuting of any Suit in such case by reason of the distance of their Habitations from this City I. Of these mistaken Principles one is That the Master for an apparent Fault in his Apprentice especially if he be found to have wronged him in his Money or Goods though but to the value of twenty Shillings or some such small summ may turn him away and that there is no remedy This I know to be a common received Opinion even with understanding and very honest and worthy Citizens and such as do neither practice it themselves nor approve it in others Yet they think if a Man will be so severe and merciless as to ruine a young-man for such a matter he may do it without remedy It is certainly contrary to Natural Equity and Justice not only to the Laws of Christianity but even of Humanity For the consequence thereof to the Young-man is rarely less than his Ruine at least the loss of his Trade and that such perhaps as it often happens for which he might have had those Advantages which he could not have for any other But usually it is a disappointment of all For having served in one Trade till he be too old to be put to another and being turn'd away by his Master it is rare that another of the same Trade especially will take him so that he becomes thereby disappointed of all Now should we look upon this under the Notion of Punishment it is very Unreasonable for Punishments ought to bear some proportion to the Fault especially such as are not Publick But here is no proportion between them Besides the Circumstances of the Person ought to be considered They are not men of Age and Experience in the World but young raw Youths who are put Apprentices There ought also to be considered the special Obligations upon the Master which aggravate the matter of which more presently Or should we look upon it as necessary for the Masters Security that indeed might seem reasonable had the master no Security But when the master hath a special Security to Indemnifie him that cannot be necessary nor excusable And the very demand and acceptance by the master of that Security is an Evidence that upon that Security he ought to continue to train up his Apprentice in his Trade And to come to those special Obligations of the Master 1. In the very agreement there is a tacit Trust and Confidence of kindness to and care of the Apprentice reposed in the Master by the Parent or Relations and undertaken by the Master in consideration of a good sum of money so that the Master doth in many respects succeed in the Place and care of the Parent or Relation who placed the Apprentice with him whereby he is under a special Obligation to them 2. And with the Apprentice he enters into express Covenants by Indenture and those not Conditional but Absolute so that a Breach by one Party doth not dissolve the Obligation of the other not in Natural Justice no more than it doth by our Positive Laws as is well known to such as understand them that it doth not but only obligeth to a proportional Satisfaction And though this doth abundantly shew the iniquity of it yet we may further add that there is no Considerate man but if he percieve in the Master so great a Prejudice against the Apprentice whom he placed with him that he would otherwise Turn him away or did but suspect he would not shew him that Kindness or Justice in respect of his Trade which he ought to do would of his own accord seek out for another Place for him and then upon any reasonable terms come to a fair conclusion with the â—aster to take him away Therefore when notwithstanding 〈◊〉 this the Master who hath good Security to Indemnifie him â—â—â—ll proceed to that Severity it is A strong presumption of some ill design in him either to get the money or a good part thereof or to disappoint the Apprentice of his future Trade lest it should prove a detriment to his own And for the most part in such Cases other circumstances in the manner of doing it occur from which an observant man may satisfie himself though he may not have Proof enough of the circumstances to satisfie a Jury And now should we examine this by the excellent Laws of Christianity which doth so highly confirm improve and enforce all the Laws of natural Justice and Equity that plain law of Justice Doing as we would be done to that great Law of Charity to all men and that generous Law of Indulgence and remitting Injuries and Doing good even to Enemies what can we really judge of such Men but that they who can so easily cast off the very Laws of natural Justice and Humanity cannot possibly retain any thing of Christianity in reality but only an external profession thereof in compliance and conformity to the Modes and Customs of their Countrey II. Another of these mistaken Principles is That upon an Action brought for such a cause greater Damages are not to be recovered than the Money paid with the Apprentice And this also I know to be a common received Opinion and even with very Honest and Worthy Citizens I have known them who have been so far from acting upon these Principles that being wronged in considerable matters by Apprentices have not only been contented with a moderate Satisfaction for the Wrong but moreover have become Intercessors for them with their provoked angry and severe Parents and in meer Commiseration for the Youths who must otherwise have been Undone retained them in their Service Which Moderation and Charity hath been well requited by the Fidelity and Industry of the same Apprentices afterwards yet were strongely possessed with these Opinions not as reasonable in themselves but as what had so far prevailed in the City that they thought it in vain for any Man to expect better or to attempt it And of all I have discoursed with
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 farâ— 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 â—â—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