without taking any part of the goods by the mother; and then he may turn them away giving them the said goods *. If either father or mother depart this life having children, if the said children be of years of discretion, that is fourteen years, they may divide goods either with father or mother, and repair to whom they will. If there be but one child between man and wife, and the father die, the father's kindred shall have the custody of the child and his goods until fourteen years of age, except the father order otherwise by his will; then that to be observed. And if there be two children, then the mother to have one that is the eldest. And if the mother die before the child comes to years of discretion, she may leave the custody of the said child to whom she will, and the next of kin of the father's side and mother's side supervisors t. If any man having but one child dieth, the next of kin of the father's side shall have the custody of the child and his goods till fourteen years of age, and then he may go to whom he pleaseth. And if the child die under fourteen years of age, then the said goods to come to the next of kin upon the father's side legitimately begotten. And if the goods come by the mother's side, then the next of kin by the mother's side to have it. If there be two children, then the father's side to have the youngest, and the other kindred to have the eldest and his goods. Children entering upon their goods and livings at fourteen years of age, shall not be at liberty to make sale or dispose of the same (unless they be enforced through necessity,) before they attain to the age of twenty one years, and that made known to the captain and the rest of the officers §. Ord. 1525. + Sp. Customs. § A. T. 1629. put Whereas it is complained that children and poor per sons not of ability to make satisfaction, cut and grass corn in the lands of other persons, dig, pull, and carry away ling, and turf in others rented premises, dig, and horses or take away timber out of the curraghs, and cattle into neighbours corn and grass in the night time, and take them out before morning: It is therefore ordered, that as often as children, or poor persons offend in that kind, and be thereof lawfully convicted by sufficient or probable testimony, they shall be whipped, or otherwise punished at the discretion of the governor and officers, according to their condition and age*. No person shall entice, inveigle, countenance, and entertain any servants at unseasonable times; for that it hath been accustomed to be a great motive to convey and purloin their master's goods, and so bring such servants into a course of pilfering, and wasting their wages: It is therefore ordered that whosoever shall entertain servants, or children, in that kind, shall (if of ability), for the first offence be fined; for the second be fined and punished, besides making restitution to the party grieved; and for the third offence be proceeded against as the receivers and abettors of felony, according to the statute of pilferies, if the goods purloined and received amount to the value of sixpence halfpenny, and that by indictment and arraignment, and the servant to be punished at discretion; and to give security for his honest dealing in future †. All children and servants unconfirmed, of such a division of the parish as the minister shall appoint, (which shall be at least a fourth part thereof,) shall constantly come to evening prayers, to be instructed in the Christian religion; at which time, every rector, vicar, and curate shall employ at least half an hour in their instruction in the church catechism. And all parents and masters, who shall be observed by the ignorance of their + A. T. 1667. * A. T. 1665: servants and children to be grossly wanting in their duty, in not instructing them, shall be severely punished. And the minister and wardens shall keep a catalogue of such as are not confirmed, and present those that are absent without urgent cause, who shall be fined two pence the first Sunday they absent, four pence the second, and six pence the third: in which case the parents and masters are answerable for the children and servants, unless it appears to be the servants own fault. And all persons shall send their children as soon as they are capable of receiving instruction, to some petty school, to continue there until they can read English distinctly, unless the parents give a just cause to excuse themselves, approved of by the ordinary in open court. And parents neglecting so to do, shall, upon presentment by the minister and church wardens, or chapter quest, be fined one shilling per quarter to the use of the schoolmaster; who may refuse to teach the chil dren that do not come constantly to school, unless for such cause as shall be approved of by the minister of the parish; and then the parents shall be fined as if they did altogether refuse to send the said children to school. And the schoolmasters shall have over and above their salaries already allowed, sixpence quarterly from the parents of every child that shall be taught to read English, and ninepence quarterly from such as are taught to write which sums being refused, the sumner shall be ordered to require punctual payment within fourteen days: and upon default hereof they are to be committed till they submit to law. But when the parents or relations are poor, and not able to pay as aforesaid, and this certified by the minister and churchwardens to the ordinary, such children to be taught gratis. And whereas some of the poorer sort may have just cause to keep their children at home for several weeks in the summer and harvest, such shall not be liable to the penalties aforesaid, provided they do, and they are hereby required to send such children, during such their absence from school, every third Sunday to the parish church, at least an hour before evening service, there to be taught by the schoolmaster, to prévent losing their learning. And if any schoolmaster neglect his duty,, and complaint be made and proved, he shall be discharged, and another placed in his stead at the discretion of the ordinary. And every rector, vicar, or curate, shall the first week of every quarter visit the petty school, and take an account of the improvement of every child, to be produced as often as the ordinary shall call for it. The minister, church wardens, and chapter quest shall, the last Sunday in every month, after evening prayers, set down the names of all such as without just cause absent from church; and of parents and masters who neglect to send their children and servants to be catechised, and of parents and guardians who send not their children to school, and all other matters, they are by their oaths bound to present: the articles of visitation are to be read to them at every such meeting; and this to be done under pain of ecclesiastical censures *. Church. THE parishioners are bound to keep up and maintain the body of the church within and without, with all ornaments, books, and other necessaries; and the parson is bound to keep in good order the chancel. If any parson, vicar of third, or pension, do depart, and no other be installed within six months, from Easter next ensuing his departure, the bishop or ordinary shall take it in his lapse, if it be not in the gift of the lord of the island †. A. T. 1704. + Sp. Cust. Laws. Church Censures. If any person shall incur the censures of the church, and having done penance, shall afterwards incur the same censures, he shall not be admitted to do penance again (as has been formerly accustomed,) until the church be fully satisfied of his sincere repentance, during which time he shall not presume to come within the church, but be obliged to stand in a decent manner at the church door every Sunday and holiday, the whole time of morning and evening service, until by his penitent behaviour, and other instances of sober living, he deserves and procures a certificate from the minister, church wardens, and some of the soberest men in the parish, to the satisfaction of the ordinary, which if he does not so deserve and procure within three months, the church shall proceed to excommunication. And during these proceedings the governor shall be applied to, not to permit him to leave the island: and this being a matter of very great importance, the minister and church wardens shall see it performed under penalty of the severest ecclesiastical censures. And whenever any daring offender shall be and continue so obstinate as to incur excommunication, the pastor shall affectionately exhort his parishioners not to converse with him on peril of being partaker with him in his sin and punishment* Clergy. If the executors or assigns of the bishop, archdea con, or any parson, vicar, curate, or clerk, do sow any of the glebe land before Easter day, they shall have all A. T. 1704. K |