Page:The Laws and Acts of Parliament of Scotland.djvu/452

43Q KING JAMES THE S E X T A C T X. Anent the Toor. FORASMUCH as there hath been clivers worthy Laws and Statutes made by His Majefty , and his. Highnefs PredecefTbrS, for reftraining of idle and mafterful Beggers : and that notwithftanding thereof the number of the faids Beggers hath daily increafed , more and more ; and His Majefty, and Eftates , confi- dering, that the caufeofthe multiplying of the faids Beggers, hath, and doth, proceed from this ground , That no order hath been taken in by-gone time, with the poor Children and Orphans, born of poor and in- digent Parents , who being tollerated or neglected, at their firft entry to begging, doth contract fuch acu- ftome and habite, that hardly they can be drawn thereafter to any other calling : whereas if the faids Children were in their tender years put to work , and imployed, and trained up in any commendable labour.they might thereafter not onely relieve the country of their charges , but alfo prove profitable to the Common- wealth : which might be eafily performed , if the faids poor Children were taken offthe hands of their Parents, by fome of his Majefties well-affected fubjects in particular, or by any of the incorporations and Burghs with- in this his Majefties Kingdom in common, and imployed in fome calling or vocation , that might tend to the good of the Realme : THEREFORE, His Majefty, with advice and confent of the Eftates, doth in moftearneft manner, recommend to all his Highnefs loving Subjects, requefting them , as they tender the good and honour of the Realme, to receive within their houfes and family, and to take upon their care, intertainment , and education, fome of the faids poor and indigent children , oneormoe, every perfon ac- cording to his power and {acuity : L I K E A S his Majefty with advice forefaid for the further fecurity of his Highnefs Subjects , finds and declares, that it fhall bee lawful to his Highnefs Subjects, to take the faids poor Children in their power, houfes, and family, to be educate, and brought up by them , either in their houfes, or to be put by them to fuch Crafts, callings, and vocations , either within the Country or without the fame , as they pleafe : which children fo received, fhall be oblieged and bound , as fervants, to the re- ceivers , in manner , and during the time after fpecified: I T is alwayes declared , that the condition of the faids children , which fhall be fo received by his Majefties Leiges , and the manner of their delivery to them, lhall be as followeth : That is to fay, THAT they be fuch who fhall be found and tryed to be poor and indi- gent , and to have no meanes for their entertainment , and that by the declaration of the Proveit and Bailies, and by the Seffion of the Kirk, within Burgh, or by either of them: and the Seffions of the Kirks in Land- ward, where the faids poor children remaines, or are found to be for the time: and if the faids poor children be within the age of fourteen years, they fhall be delivered ro his Highneffe Subjects, by the Magiftrates within Burgh , or by the Seffion of the Kirk and Parochin where they remaine , with confent of their parents, if they have any known within the Parochin for the time : otherwife they fhall be delivered by the faids Magi- ftrates & Seffion of the Kirk alone'or either of them,as faid is And if they be paft the age of fourteen years, that their own confent fhall be taken thereto , by the advice of the faids Magiftrates and Seffion of Kirk , or either of them, as faid is, who at the delivery of the faids poor children , to his Highneffe Subjects , fhall give a teftimonial, under their, or their Clerks hand writs , of the Eftate , quality, and condition forefaid, of the faide poor children , and of their delivery to their Mafters : Which teftimonial of the faids Provefts , Bailies* and Seffion of the Kirks , bearing the faid tryal and delivery , his Highnefle with advice and confent of the E- ftates forefaids , findes and declares, fhall be a fufficient warrand to the receivers , for brooking the benefit of this prefent Statute : And to the effect his Highnefle Subjects may be moved hereto, by the expectation of the | commodity and advantage which they may reap by the labours and fervice of the faids poor children : His Majefty with advice of the faids Eftates , ftatutes and ordaines , that the faids poor children , received by any of his Highneffe Subjects , upon the teftimonial of Proveft, Bailies, or Seffion of Kirks , in manner above-fpe- cified, fhall be bound and aftricted to their faids Mafters, their heirs and affignayes, in all kind of fervice, which fhall be injoyned to them, until they pafle the age of thirty years compleat, and that they fhall be under difcipline to their faids Mafters, and their forefaids, and fubject to their corrections and chaftifements , accor- ding to the merits of their offences , in all manner and fort of punifhment, the life and torture excepted. Like- as it is declared ,that whatfoever the faids fervants gaines , or wins , by their travels, during the faid fpace , fhall appertain properly to their faids Mafters and their forefaids : And if it fhall happen the faids fervants to abfent themfelves from their faids Mafters fervice, without their licence , then & in that cafe they fhall be oblieged to refound to their faids Mafters the whole damnage and intrefle fuftained by them , through their abfence, upon the declaration of the faids Mafters , without any further probation , by and attour the bodily punifhment to be laid upon them at their returning , by the difcretion of their faids Mafters : And if it fhall happen them to be received by any other perfons , the faids receipters fhall be oblieged to reftore them again to their faids Ma- fters, within twelve houres after they be required to that effect, personally, or at their dwelling places , in pre- 1 fence of a Notar, and two witneffes,and if they failzie, they fhall pay after every requifition, ten fhillings daily, ay and till they be reftored, and that without prejudice to the faids Mafters , to call and purfue for delivery of j their faids fervants , before the ordinary Judge, as accords of the law , and for the damnage and skaith fuftained by them, through the want of their faids fervants, during the fpace of their abfence, after the faid requifition. ACT