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, as mentioned 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 Mi chaelmas, and women servants hiring between Lady. day and May-day, such hiring shall be as lawful as the hiring made formerly upon either of those days, provid ed 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 law-.' fully 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*. 1 Whereas it is complained that the servants assume the liberty of absenting themselves frequently from their A. T. 165. service, on Sundays and holidays, without leave, it is therefore enacted, that if any servants do offend in like nature hereafter, upon any pretence whatever, without leave of their master or mistress, it shall be lawful for the master or mistress to deduct and detain twopence, for every time so offending; and if nevertheless such servants make a constant practice of it, then upon complaint of the master or mistress, such servants to be imprisoned, with the allowance of diet mentioned in the late act, with respect to refractory servants, and so to continue until they engage to become obedient and careful, according to the trust reposed in them; and nevertheless the master or mistress to deduct and detain (if they please) twopence for every Sunday or holiday absenting as aforesaid, and so much out of their wages besides, as shall satisfy any person taken to perform the work of such servant, during the time of their confine It is use and custom of long time, that the moars pay two marks of office-silver, yearly, to the lord. Mortuary. IF any do remove from one parish to another, and if the cock crow thrice, they remaining there three nights and three days after removing, that then the person departed shall pay all spiritual duties to that same church, within the same parish he hath removed unto t It is ordered, that no corpse-present shall hereafter * A. T. 1667. + Spir. Cust. Laws. be taken by the clergy or proctors of spiritual livings of any deceased's goods, under the value of 61. 13s. 4d. and of that value, and under the value of 201. they shall take but 20d. for the corpse-present: And if the goods be of the value of 401. they shall take for the corpse-present but 3s. 4d. And out of goods of the value of 401. or above, they shall take 6s. 8d. and no more, be the goods of what value they may: And that none shall pay a corpse-present, but such as at the time of his or her death, were housekeepers and masters of families: And that no infant, or child under the age of fourteen years, and no woman under covert baron, shall pay any corpse-present. And if any clergyman or proctor shall take more for a corpse-present, or otherwise than as aforesaid, he shall forfeit so much in value, as he shall take above the sum before limited, and also 6s. 8d. to the party grieved, to be recovered by action of debt, at the common law. But it shall be lawful for. any spiritual person to take any sum, or other thing, which by any person dying, shall be given or bequeath ed unto him*. Non-Residence. EVERY bishop, archdeacon, parish vicar, curate, or other person, who hold and enjoy the bishoprick, archdeaconry, or any parsonage, vicarage, or curacy, or such like ecclesiastical promotion, to the value of 101. per annum, or upwards; also, any temporal officer, soldier, or other person, having and enjoying any office, place, or other employment, from and under the lord of this isle, to the value of 31. per annum, or upwards, shall hereafter inhabit, and personally reside within this isle, in and upon their respective livings, promotions, bene *A. T. 1643. fices, offices, places or other employments; and if they, or any of them, shall, at any time be non-resident, or not inhabit within this isle, in or upon their said respective promotions, benefices, offices, places, or other employments, but shall be found wilfully to absent him or themselves, from his or their duties in the same, (wind, weather, health, and convenient shipping permitting), above the space of four months, to be accounted at several times, in any one year, commencing always upon the first of May, in every year: such person or persons so offending, shall, for the first offence, forfeit and lose. the full value of one half year's profit, benefit, and advantage, of his or their said livings, promotions, benefices, offices, places, or other employments, to be collected, levied, and disposed of, in manner herein aftermentioned; and if any person or persons before mentioned, be found to offend in like nature at any time afterwards, he or they so offending, shall, for every such second offence, and for every other offence of that nature, which he or they shall commit afterwards, forfeit and lose the full value of one whole year's profit, benefit, and advantage, of his or their said livings, promotions, benefices, offices, places, or other employments aforesaid, and be declared and made incapable of recieving any further benefit or advantage therefrom, until such time as he or they so offending, shall return to his or their said respective duties, as aforesaid. And it is further enacted, that all such forfeitures are, from time to time, as the same shall accrue, or happen to be taken or collected, by order of the governor, deputy-governor, and the lord's council, for the time being, directed to the coroner or coroners of the sheading or sheadings, where such forfeitures shall happen or accrue. And the same, when so levied, collected, and received, as aforesaid, to be applied and disposed of, for such pious, charitable, and public uses, within this isle, as the said governor, deputy-governor, and council, shall have di |