Exercise of Trades Act 1698

X1 Reasons for passing this Act.

5 Eliz. c.4. § 3t; Officers and Soldiers who have not deserted, and who have heretofore exercised Trades, or were Apprentices, or are able to practice Trades, may set up the same; If any Officer or Soldier be Sued, &c. and making it appear he has served His Majesty, shall, upon the General Issue, be found not guilty; or Plaintiff discontinue, &c.; Treble Costs. Judges, &c. to conform to this Act .

Whereas there hath been and are divers Officers and Soldiers who have served His Majesty in the late Wars and were instrumentall by the Blessing of Almighty God in obtaining an advantagious Peace for these Kingdoms some of which are Men that used Trades others that were Apprentices to Trades who had not served out their times and others who by their owne Industry have made themselves apt and fitt for Trades many of which (the Wars being now ended) would willingly imploy themselves in those Trades which they were formerly accustomed to or which they are apt or able to follow and make use of for the getting their Liveing by their owne Labour but are or may be hindred from exerciseing those Trades in certaine Cities and Corporations and other Places within this Kingdom because of certaine By-Lawes and Customs of those Places and of the Statute made in the Fifth Yeare of Queene Elizabeth prohibiting the use of certaine Trades by any Person who hath not served as an Apprentice to such Trade for the Space of Seaven Yeares For Remedy whereof Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That all such Officers and Soldiers who have been at any time imployed in His Majesties Service since His happy Accession to the Crowne and have not since deserted the said Service and that have heretofore used or exercized any Trade or that were Apprentices to any Trade though they did not serve out the time of their Apprenticeship or any other Officer or Soldier imployed as aforesaid that is apt and able to practice any Trade may sett up and exercize such severall and respective Trades Misteries or Occupations whereunto he or they have been bound Apprentices and served any part of his or their time or any Handicraft or other Trade exercised about Manufactures though he was never bound Apprentice to the same in manner following (that is to say) such of them as have been Apprentices as aforesaid may sett up and exercise such severall and respective Trades whereunto he or they have been so bound Apprentices as fully as if they had served out their respective Termes or Times for which they have been bound and shall have and enjoy the same Immunities as they should have had and enjoyed if they had served out their said Termes or Times And all others of the said Officers and Soldiers may sett up and exercise such Trades as they are apt and able for in any Towne or Place within the severall and respective Counties wherein they were borne without any Lett Suite or Molestation of any Person or Persons whatsoever for or by reason of the Useing of such Trade And if any such Officer or Officers Soldier or Soldiers shall be sued impleaded or indicted in any Court whatsoever within this Kingdom for useing or exerciseing any such Trades as aforesaid then the said Officer or Officers Soldier or Soldiers makeing it appeare to the same Court where they are soe sued impleaded or indicted that they have served the Kings Majesty as aforesaid shall upon the Generall Issue pleaded be found not Guilty in any Plaint Bill Information or Indictment exhibited against them And such Persons who notwithstanding this Act shall prosecute their said Suite by Bill Plaint Information or Indictment and shall have a Verdict passe against them or become Nonsuite therein or discontinue their said Suite such Person or Persons shall pay unto such Officer or Officers Soldier or Soldiers Treble Costs of Suite to be recovered as any other Costs at Common Law may be recovered And all Judges and Jurors before whom any such Suite Information or Indictment shall be brought and all other Persons whatsoever are to take Notice of this present Act and shall conforme themselves thereunto Any Statute Law Ordinance Custom or Provision to the contrary in any wise notwithstanding.

Editorial Information

X1 This is Cap. XI. in the common Printed Editions.