case the king against FAIRFAX and another the churchwarden and overseer may  place out poor child apprentice and the master they select for such purpose be  bind to receive such apprentice S c show S c comb S c Carth S c holt S c Foley  lev salk Mod stram stram ld ray a order make at the quarter session of  Gloucester be remove hither confirm another order make by the justice there  for the place of a poor boy to be a apprentice in husbandry and it be move  that it may be quash Mr pollexfen argue that the justice have no power give  they by the law to compel a man to take such a apprentice and this will depend  upon the construction of such statute which relate to this matter the first be  that of Elizabeth c S which enact that for the better advance of husbandry and  tillage and to the intent such who be fit to be make apprentice to husbandry  may be bind thereunto that every person be a householder and have or use half  a plough land at the least in tillage may take any to be a apprentice above  ten and under eighteen year to serve in husbandry until the party be of the  age of twentyone or twentyfour year by Geo c no male apprentice shall be bind  out by any parish for any long term than till he shall come to the age of  twentyone year a the say retainer and take of a apprentice to be by indenture  now before the make of this statute the practice of put out poor child be only  in city and great town to particular trade and employment modern the next  statute be Elizabeth c by which power be give to the churchwarden or overseer  of the poor to raise weekly or otherwise by taxation of every inhabitant such  competent sum or sum of money as they shall think fit for relief of the poor  and put out of child to apprentice and then in the five paragraph power be  give to they by the assent of two justice of peace to bind poor child where  they shall see convenient c which word be the foundation for the make of this  order but the construction thereof can be no otherwise than videlicet whereas  before the make of this Act poor child be bind apprentice to tillage now the  churchwarden may raise money to bind they out to trade for if they can compel  man to take they what need be there of raise money to place they out modern er  p this must be the natural construction of that law which appear yet more  plain by the word of a subsequent statute James c S which continue that of the  d of Elizabeth with this addition that all person to who the overseer of the  poor shall accord to that Act bind any child to apprentice may take receive  and keep they as apprentice it be true the general practice of put out poor  child seem to warrant this order but this have be occasion by a mistake in Mr  Dalton book Dalton justice b who report the resolution of the judge in to be  that every man who by his call profession or manner of live and who entertain  and must use servant of the like quality such must also take apprentice by  this resolution the justice of peace have be govern ever since but Twisden  justice will often say that those be not the resolution of the judge as report  by Mr Dalton and therefore the book be mistake second the order itself do not  mention that the party to who this poor boy be bind apprentice do occupy any  land in tillage for so it ought to be otherwise the overseer of the poor may  bind he to a merchant or to a attorney which he call a free quarter for by  such mean disease may be bring into a family and a man have no security either  for his good or money this be the opinion of Twisden justice in Coutrells case  I side a and it seem to be very natural and therefore the chief reason why  power be give by the statute to the overseer to raise money be that they may  place poor child to such who be Willing modern to take they for money for  otherwise they may compel a man to receive his enemy into his service he rely  on the case of the king v price Hilary term that and that of car which be a  order of the like nature move to be quash and Twisden justice say in that case  that all the judge of England be of opinion that the justice have not such a  power and therefore that order be quash e contra it be plain that by the  statute of the Elizabeth c the justice may place out poor child where they see  it convenient and so the constant practice have be so be the resolution of the  judge in Dalton which be bring in by the Lord chief justice hide but deny so  to be by justice Twisden for no other reason but because justice Jones do not  concur with they in price case this matter be stir again but there have be  nothing do pursuant to that opinion since then the justice have a power to  place out poor child it be no objection to say that there may be a  inconvenience in the exercise of that power by place out child to improper  person for if such thing be do the party have a proper remedy by way of appeal  to the session three judge be of opinion that the justice of peace have such a  power and therefore they be for confirm the order dolben justice say it be so  resolve in the case of the king v gillyflower in the reign of king James the  first foster be then chief justice though the judge in price case be of  another opinion the chief justice be now likewise of a different opinion for  the statute mean something when it say that a stock shall be raise by the  taxation of every inhabitant c for put out of child apprentice there be no  compulsory word in the statute for that purpose nor any which oblige a master  to take a apprentice and if not the justice have not power to compel a man to  take a poor boy for possible be may be a thief or spy in the family by will c  when any poor child shall be appoint to be bind apprentice pursuant to the  Elizabeth c S the person or person to who they be so appoint to be bind shall  receive and provide for they accord to the indenture sign and confirm by the  two justice of the peace and also execute the other part of the say indenture  and if he or she shall refuse so to do oath be make thereof by one of the  churchwarden or overseer of the poor before any two of the justice of the  peace for that county c he or she shall forfeit for every such offence the sum  of ten pound c save always to the person to who any poor child shall be  appoint to be bind a apprentice as aforesaid his or her a appeal to the next  general or quarter Sessions  But by the statute Geo c on the death of the  master of any parish apprentice upon the bind out of who no large sum than  five pound shall have be pay the covenant to maintain and provide for such  apprentice shall not continue in force for any long term than three calendar  month next after the death of the master and within the term of those three  month two justice may order the apprentice to serve the residue of his term  with another master or they may determine the apprenticeship a modern er p but  this order be quash for a apparent fault which be that the statute have  entrust the churchwarden and overseer of the poor by and with the approbation  of two justice to bind apprentice c and the churchwarden be not mention in  this order hilary term the first of William and mary in the king and queen  bench sir John holt Knt chief justice sir William dolben Knt sir William  Gregory Knt sir Giles Eyre Knt justice sir George Treby Knt attorney general  John summer Esq solicitor general