be necessary to give any proof, that the usual place of abode of one of the parties, for the space of three months, as aforesaid, was in the parish where such marriage was solemnized, nor shall any evidence be taken in either of the said cases, or be received to prove the contrary in any suit, touching the validity of such marriage.

And all marriages by licence, where either of the parties not being a widow or widower, shall be under the age of twenty-one years, which shall be had without the consent of the father of such party under age, if living, or the guardian or guardians of such party lawfully appointed, or one of them: And in case there be no such guardian, then of the mother, if living and unmarried, or if there be no mother living and unmarried, then of the guardian or guardians of the person, shall be absolutely null and void, to all intents and purposes whatsoever: And if the guardian or mother be not of sound mind, or beyond seas, or by unreasonable or undue motives be induced to abuse the trust aforesaid, by refusing consent to a proper marriage, any person so desirous of marrying, in any of the before mentioned cases, may apply by petition to the governor, who is empowered to proceed upon such petition in a summary way; and in case the marriage proposed, shall, upon examination, appear to be proper, the governor shall judicially declare the same to be so, by order of court, which shall be as effectual as the consent of the mother or guardian. The church wardens from time to time, as there shall be occasion, shall provide proper books in each parish, in which all marriages, and banns of marriage there published and solemnized, shall be registered; and every page thereof truly numbered, begining at the second leaf; and every page so numbered, shall be ruled with lines, at proper and equal distances. And all banns and marriages, published and solemnized in any parish church within this isle,

pre

shall be written upon such lines, and signed by the minister, or some person in his presence, and by his di rection: And such entries shall be made in successive order; and all such books shall belong to such parish respectively, and shall be carefully preserved for public use. And all marriages shall be solemnized in the sence of two or more credible witnesses besides the minister; and immediately after the celebration of every marriage, an entry thereof shall be made in such registry, in which it shall be expressed, that the marriage was celebrated by banns or licence; and (if both or either of the parties married by licence be under age), with consent of parents or guardians, as the case may be, and shall be signed by the minister, with his proper addition, and also by the parties married, and attested by such two witnesses, with their proper additions, according to the form thereafter mentioned.

And if any person shall, with an intent to elude the force of this act, knowingly or wilfully insert, or cause to be inserted in such register book, any false entry of any matter or thing, relating to any marriage, or falsely make, alter, forge, or counterfeit any such registry, or assist therein, or utter, or publish as true, any such false, altered, forged, or counterfeited registry, or licence as aforesaid, or any copy thereof, knowing the same to be so; or shall wilfully destroy, or cause to be destroyed, any such register book, or any part thereof, with an intent to avoid a marriage; or to subject any person to any of the penalties of this act; every person so of fending, and being thereof lawfully convicted, shall be deemed and adjudged guilty of felony, and suffer death.

No vicar-general or surrogate, deputed by the bishop to grant licences of marriage as aforesaid, shall grant any such licence before he hath taken an oath before the bishop, faithfully to execute the same, according to law, to the best of his knowledge, and hath given security by his bond, in the sum of one hundred pounds, to

the said bishop, for the due execution thereof: and for such licence, and all other the necessary writings required by this act, in and about the same, such vicargeneral or surrogate, shall and may lawfully demand and receive one British crown*.

Master and Servant.

ALL servants who do not give lawful warning to their masters or mistresses, to wit, men servants on Michaelmas-day, and women servants on Lady-day, and yet hire to another master or mistress, such hiring shall not be effectual in law, in case the former master or mistress prosecute to retain the servant for the same year.

And whereas complaints are made of servants hiring with two several masters or mistresses; It is therefore enacted, that the master or mistress first hiring lawfully, shall have the service of that year; and the master or mistress hiring secondly, to have the wages of such servant for the same year; which the said master is to pay quarterly to the other, or at any other time that the same shall be demanded from him: But if it be dis covered and proved that the person making the second hiring knew of the first hiring, and yet made use of means to persuade and inveigle the servant to a second hiring; or if there be but strong presumption by circuinstances of the like fraudulent usage, the servant shab get all his wages, But if the proof be only circumstantial, and the blame partly appear in the servant as well as the master, who ought to inquire and be satisfied with the servant's condition before he hires him; in such case the wages to be proportioned and allowed

* A. T. 1757.

as the governor and deemsters, or either of them, shall think fit to order.

And if any servant hire oftener than twice in the year as aforesaid, such servant shall suffer exemplary punishment, by being whipped at the parish church where he or she lived, on some Sabbath day, or in some market place, at the whipping stocks, or otherwise (the servant's condition and age considered), to be imprisoned at the discretion of the governor and deemsters, and to have but one cake of bread and a portion of water each day, during such imprisonment, and afterwards to do service to the master who first lawfully hired him, and the wages to be distributed at the discretion of the governor or deemsters, or either of them. Provided if any fallacious dealing, be discovered against the second or third master, either by proof or circumstantially, asmentioned before, then the same to be considered be fore the servant suffer punishment, and the wages to be distributed according to discretion aforesaid.

Servants who are wilful and refractory to their lawful masters, shall be punished by imprisonment, as the governor and deemsters shall appoint; until the said servants do yield obedience and perform their service; and to have such allowance of bread and water as afore said, which is to be deducted out of their wages by the master, who is to provide the same daily unto them. And the master to have an allowance out of their wages during the time of their imprisonment, to give another in his or her place, at the discretion of the deemsters. Men servants hiring between Allhallowtide and Michaelmas, and women servants hiring between Ladyday and May-day, such hiring shall be as lawful as the hiring made formerly upon either of those days, provided they have given lawful warning on the usual days before mentioned; but that the earnest given on either of those days shall be reputed invalid to the hiring lawfully made between either of those festivals; and the warning given between sunrise and sunset, on the pro

per days, shall be lawful. And in case the master or mistress happen to be from home on the said days, or absent themselves, to the end of taking advantage of the servant, by not being present to hear the warning given or in case they be in any part of the house where the servant may not presume to go; in such cases the servant to take a competent witness with him, and repair to the place where the master and mistress usually did sit, at the hearth, or at meat. And in case the door be made against the servant, then the servant and witness to come to the door where the master or mistress usually did enter into the fire house, and in any of those places give the usual warning, which shall be lawful warning: so if the servant be sick, or incapacitated to give warning in manner aforesaid, he may do the same by proxy, with a sufficient witness with him: and no hiring made before the warning day shall be authentic against the hiring lawfully made in manner herein before mentioned; but the same to be made null and of no effect upon complaint and difference arising touching the hire so made as aforesaid.

And as for the frequent complaints of servants made by jurors, to know what diet and usuge they ought to have, it is declared that such complaints shall be viewed and certified at the sight of four honest neighbours, who are to be charged to that end, by the coroner and lockman, and they to approve or disapprove of such diet and usage as near as may be to the custom of the country, or in that parish or particular house complained of. And in case the same be not observed afterwards, but the servant is further occasioned to complain; in that case the master to give in sufficient security for the performance thereof, the remaining part of the year*.

Whereas it is complained that the servants assume the liberty of absenting themselves frequently from their

* A. T. 1665.