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unless he either rented a tenement of ten pounds a year； or could
give such security for the discharge of the parish where he was
then living； as those justices should judge sufficient。
Some frauds； it is said； were committed in consequence of
this statute； parish officers sometimes bribing their own poor to
go clandestinely to another parish； and by keeping themselves
concealed for forty days to gain a settlement there； to the
discharge of that to which they properly belonged。 It was
enacted； therefore； by the 1st of James II that the forty days'
undisturbed residence of any person necessary to gain a
settlement should be accounted only from the time of his
delivering notice in writing； of the place of his abode and the
number of his family； to one of the churchwardens or overseers of
the parish where he came to dwell。
But parish officers； it seems； were not always more honest
with regard to their own； than they had been with regard to other
parishes； and sometimes connived at such intrusions； receiving
the notice； and taking no proper steps in consequence of it。 As
every person in a parish； therefore； was supposed to have an
interest to prevent as much as possible their being burdened by
such intruders； it was further enacted by the 3rd of William III
that the forty days' residence should be accounted only from the
publication of such notice in writing on Sunday in the church；
immediately after divine service。
〃After all；〃 says Doctor Burn； 〃this kind of settlement； by
continuing forty days after publication of notice in writing； is
very seldom obtained； and the design of the acts is not so much
for gaining of settlements； as for the avoiding of them； by
persons coming into a parish clandestinely： for the giving of
notice is only putting a force upon the parish to remove。 But if
a person's situation is such； that it is doubtful whether he is
actually removable or not； he shall by giving of notice compel
the parish either to allow him a settlement uncontested； by
suffering him to continue forty days； or； by removing him； to try
the right。〃
This statute； therefore； rendered it almost impracticable
for a poor man to gain a new settlement in the old way； by forty
days' inhabitancy。 But that it might not appear to preclude
altogether the common people of one parish from ever establishing
themselves with security in another； it appointed four other ways
by which a settlement might be gained without any notice
delivered or published。 The first was； by being taxed to parish
rates and paying them； the second； by being elected into an
annual parish office； and serving in it a year； the third； by
serving an apprenticeship in the parish； the fourth； by being
hired into service there for a year； and continuing in the same
service during the whole of it。
Nobody can gain a settlement by either of the two first
ways； but by the public deed of the whole parish； who are too
well aware of the consequences to adopt any new…comer who has
nothing but his labour to support him； either by taxing him to
parish rates； or by electing him into a parish office。
No married man can well gain any settlement in either of the
two last ways。 An apprentice is scarce ever married； and it is
expressly enacted that no married servant shall gain any
settlement by being hired for a year。 The principal effect of
introducing settlement by service has been to put out in a great
measure the old fashion of hiring for a year； which before had
been so customary in England； that even at this day； if no
particular term is agreed upon； the law intends that every
servant is hired for a year。 But masters are not always willing
to give their servants a settlement by hiring them in this
manner； and servants are not always willing to be so hired；
because； as every last settlement discharges all the foregoing；
they might thereby lose their original settlement in the places
of their nativity； the habitation of their parents and relations。
No independent workman； it is evident； whether labourer or
artificer； is likely to gain any new settlement either by
apprenticeship or by service。 When such a person； therefore；
carried his industry to a new parish； he was liable to be
removed； how healthy and industrious soever； at the caprice of
any churchwarden or overseer； unless he either rented a tenement
of ten pounds a year； a thing impossible for one who has nothing
but his labour to live by； or could give such security for the
discharge of the parish as two justices of the peace should judge
sufficient。 What security they shall require； indeed； is left
altogether to their discretion； but they cannot well require less
than thirty pounds； it having been enacted that the purchase even
of a freehold estate of less than thirty pounds' value shall not
gain any person a settlement； as not being sufficient for the
discharge of the parish。 But this is a security which scarce any
man who lives by labour can give； and much greater security is
frequently demanded。
In order to restore in some measure that free circulation of
labour which those different statutes had almost entirely taken
away； the invention of certificates was fallen upon。 By the 8th
and 9th of William III it was enacted that if any person should
bring a certificate from the parish where he was last legally
settled； subscribed by the churchwardens and overseers of the
poor； and allowed by two justices of the peace； that every other
parish should be obliged to receive him； that he should not be
removable merely upon account of his being likely to become
chargeable； but only upon his becoming actually chargeable； and
that then the parish which granted the certificate should be
obliged to pay the expense both of his maintenance and of his
removal。 And in order to give the most perfect security to the
parish where such certificated man should come to reside； it was
further enacted by the same statute that he should gain no
settlement there by any means whatever； except either by renting
a tenement of ten pounds a year； or by serving upon his own
account in an annual parish office for one whole year； and
consequently neither by notice； nor by service； nor by
apprenticeship； nor by paying parish rates。 By the 12th of Queen
Anne； too； stat。 1； c。 18； it was further enacted that neither
the servants nor apprentices of such certificated man should gain
any settlement in the parish where he resided under such
certificate。
How far this invention has restored that free circulation of
labour which the preceding statutes had almost entirely taken
away； we may learn from the following very judicious observation
of Doctor Burn。 〃It is obvious；〃 says he； 〃that there are divers
good reasons for requiring certificates with persons coming to
settle in any place； namely； that persons residing under them can
gain no settlement； neither by apprenticeship； nor by service；
nor by