it appears by all the early laws on this subject, that the custom extended to imported servants only; and it extended to all such as were imported, whether minors, or adults. the custom was founded on necessity, and it was thought to be mutually beneficial to the colony, and to the emigrant. but no such necessity existed as to the children who were already in the province . the custom, therefore, never extended to them; and there was in all the colonies, and particularly in pennsylvania. a marked distinction between these two classes of minors. this is to be found in the articles of the laws agreed on in england, and more fully in the laws of 1682. these speak only of imported servants; and direct how long such servants, brought into the province without indenture, shall serve; but, in chap 112 , all parents and guardians in the province are enjoined to teach the children under their care to read and write, 'till they are twelve year old, and that then they be instructed in some useful *199 trade or skill. this policy of putting children out as apprentices, is carried into our poor laws, and those which relate to orphans. overseers of the poor, and the orphan courts, have no authority to bind our minors as servants, even such as are the objects of public charity. they must be bound apprentices to some 'art, trade, occupation, or labour
there have been instances of children here being bound out as servants; but this has not been general; and the courts of justice have always frowned on the on the attempts