Carthew the king versus FAIRFAX Mod SC show SC comb SC justice have power to  place a apprentice in husbandry against the consent of the master but not a  tradesman certiorari to remove a order of session by which the order of two  justice be confirm upon the application of the overseer of the poor for put a  apprentice upon Fairfax against his will notam this be a general order without  mention what trade or profession Fairfax use and now it be move to quash it  because the justice have not power by the statute or Elizabeth to impose a  apprentice on another against his will for by the first statute the justice  have only power to bind poor child to husbandry but by the late statute they  may bind they to trade and for that purpose they have power to raise a stock  by way of assessment upon the parish of which there will be no occasion if  they have power to bind they out without this be now remedy by the statute  money and the statute James cap par be cite and that there be no other statute  concern the dispose and provision for the poor and that neither of these  statute give such a arbitrary power to the justice of peace as to place a  apprentice on a master without his consent and that it will be very  inconvenient if housekeeper shall not have liberty to choose their own servant  for then a thief a leper or be enemy may be impose on they that the resolution  of the judge as mention in Dalton be not their resolution as justice Twisden  often declare in his lifetime to which justice dolben now reply that they be  the resolution of the judge and good law those who argue for the order very  much rely upon the judgement in that case report by raym the king for  gillyflower raym which be the very like case now in question and sir Bulstrode  Whitlock S annal fol be cite in point and that the constant practice all over  England have be accord to this order Carthew er p holt chief justice be  against the order and be clear in opinion that the justice of peace have not  such a power but the other three judge against he upon this difference  videlicet that justice of peace can impose a apprentice on any tradesman  against his consent but Carthew must assess and raise money to bind he out but  that they bad power to impose a apprentice in husbandry at their discretion  whether the husbandman consent or not however because it be not set forth in  this order that Fairfax be a husbandman or that the apprentice be bind to  husbandry so that it may appear he be not bind to any trade this order be  quash