MASTER-Attendant, an officer in the royal dock-yards, appointed to hasten and assist at the fitting out or dismantling, removing or securing vessels of
war, &c. at the port where he resides. He is particularly to observe that his majesty's ships are securely moored; and for this purpose he is expected frequently to review the moorings which are sunk in the harbour, and observe that they are kept in proper repair to be always ready when occasion requires. It is also his duty to visit all the ships in ordinary, and see that they are frequently cleaned and kept in order; and to attend at the general musters in the dock-yards, taking care that all the officers, artificers, and labourers, registered in the navy-books, are present at their duty.
MASTER at Arms, an officer appointed to teach the officers and crew of a ship of war the exercise of small arms; to confine and plant sentinels over the prisoners, and superintend whatever relates to them during their confinement. He is also to observe, that the fire and lights be all extinguished as soon as the evening gun is fired, except those which are permitted by proper authority or under the inspection of sentinels. It is also his duty to attend the gangway when any boats arrive aboard, and search them carefully, together with their rowers, that no spirituous liquors may be conveyed into the ship, unless by permission of the commanding-officer. In these several duties he is assisted with proper attendants, called his corporals; who also relieve the sentinels, and one another, at certain periods.
MASTER of the Horse, a great officer of the crown, who orders all matters relating to the king's stables, races, breed of horses; and commands the equestrians and all the other officers and tradesmen employed in the king's stables. His coaches, horses, and attendants, are the king's, and bear the king's arms and livery.
MASTER of the Revels, an officer who orders all things relating to the performance of plays, masks, balls, &c. at court.
MASTER of the Rolls, a patent-officer for life, who has the custody of the rolls of parliament and patents which pass the great seal, and of the records of chancery, as also commissions, deeds, recognizances; which, being made of rolls of parchment, gave rise to the name.
In absence of the chamberlain, he sits as judge in the court of chancery: at other times he hears causes in the rolls chapel, and makes orders; but all hearings before him are appealable to the chancellor.
MASTER of the Wardrobe, an officer under the lord-chamberlain, who has the care of the royal robes, as well as the wearing apparel, collar, george, and garter, &c. He has also the charge of all former kings and queens robes remaining in the tower, all hangings, bedding, &c. for the king's house, the charge and delivery of velvet and scarlet allowed for liveries. He has under him a clerk of the robes, wardrobe-keeper, a yeoman, &c.
MASTER and Servant; a relation founded in convenience, whereby a man is directed to call in the assistance of others, where his own skill and labour will not be sufficient to answer the cares incumbent upon him. For the several sorts of servants, and how that character is created or destroyed, see the article SERVANT. In the present article we shall consider, first,
Master. the effect of this relation with regard to the parties themselves; and secondly, its effects with regard to others.
Blacke.
Comment. 1. The manner in which this relation affects either the master or servant. And, first, by hiring and service for a year, or apprenticeship under indentures, a person gains a settlement in that parish wherein he last served 40 days. In the next place, persons serving seven years as apprentices to any trade have an exclusive right to exercise that trade in any part of England. This law, with regard to the exclusive part of it, has by turns been looked upon as a hard law, or as a beneficial one, according to the prevailing humour of the times: which has occasioned a great variety of resolutions in the courts of law concerning it; and attempts have been frequently made for its repeal, tho' hitherto without success. At common law every man might use what trade he pleased; but this statute restrains that liberty to such as have served as apprentices: the adversaries to which provision say, that all restrictions (which tend to introduce monopolies) are pernicious to trade; the advocates for it allege, that unskilfulness in trades is equally detrimental to the public, as monopolies. This reason indeed only extends to such trades, in the exercise whereof skill is required: but another of their arguments goes much farther; viz. that apprenticeships are useful to the commonwealth, by employing of youth, and learning them to be early industrious; but that no one would be induced to undergo a seven years servitude, if others, tho' equally skilful, were allowed the same advantages without having undergone the same discipline: and in this there seems to be much reason. However, the resolutions of the courts have in general rather confined than extended the restriction. No trades are held to be within the statute, but such as were in being at the making of it: for trading in a country village, apprenticeships are not requisite, and following the trade seven years is sufficient without any binding; for the statute only says, the person must serve as an apprentice, and does not require an actual apprenticeship to have existed.
A master may by law correct his apprentice for negligence or other misbehaviour, so it be done with moderation: though, if the master or master's wife beats any other servant of full age, it is good cause of departure. But if any servant, workman, or labourer, assaults his master or dame, he shall suffer one year's imprisonment, and other open corporal punishment, not extending to life or limb.
By service all servants and labourers, except apprentices, become entitled to their wages: according to agreement, if menial servants; or according to the appointment of the sheriff or sessions, if labourers or servants in husbandry: for the statutes for regulation of wages extend to such servants only; it being impossible for any magistrate to be a judge of the employment of menial servants, or of course to assess their wages.
2. Let us now see how strangers may be affected by this relation of master and servant; or how a master may behave towards others on behalf of his servant, and what a servant may do on behalf of his master.
And, first, the master may maintain, that is, abet
and assist, his servant in any action at law against a stranger: whereas, in general, it is an offence against public justice to encourage suits and animosities, by helping to bear the expence of them, and is called in law maintenance. A master also may bring an action against any man for beating or maiming his servant: but in such case he must assign, as a special reason for so doing, his own damage by the loss of his service; and this loss must be proved upon the trial. A master likewise may justify an assault in defence of his servant, and a servant in defence of his master: the master, because he has an interest in his servant, not to be deprived of his service; the servant, because it is part of his duty, for which he receives his wages, to stand by and defend his master. Also if any person do hire or retain my servant, being in my service, for which the servant departeth from me and goeth to serve the other, I may have an action for damages against both the new master, and the servant, or either of them: but if the new master did not know that he is my servant, no action lies; unless he afterwards refuse to restore him upon information and demand. The reason and foundation upon which all this doctrine is built, seem to be the property that every man has in the service of his domestics; acquired by the contract of hiring, and purchased by giving them wages.
As for those things which a servant may do on behalf of his master, they seem all to proceed upon this principle, that the master is answerable for the act of his servant, if done by his command, either expressly given or implied: nam qui facit per alium, facit per se. Therefore, if the servant commit a trespass by the command or encouragement of his master, the master shall be guilty of it: not that the servant is excused, for he is only to obey his master in matters that are honest and lawful. If an innkeeper's servants rob his guests, the master is bound to restitution; for as there is a confidence reposed in him, that he will take care to provide honest servants, his negligence is a kind of implied consent to the robbery; nam, qui non prohibet, cum prohibere possit, iubet. So likewise if the drawer at a tavern sells a man bad wine, whereby his health is injured, he may bring an action against the master; for although the master did not expressly order the servant to sell it to that person in particular, yet his permitting him to draw and sell it at all is impliedly a general command.
In the same manner, whatever a servant is permitted to do in the usual course of his business, is equivalent to a general command. If I pay money to a banker's servant, the banker is answerable for it: if I pay it to a clergyman's or a physician's servant, whose usual business it is not to receive money for his master, and he imbezzles it, I must pay it over again. If a steward lets a lease of a farm, without the owner's knowledge, the owner must stand to the bargain; for this is the steward's business. A wife, a friend, a relation, that use to transact business for a man, are quoad hoc his servants; and the principal must answer for their conduct: for the law implies, that they act under a general command; and without such a doctrine as this no mutual intercourse between man and man could subsist with any tolerable convenience. If I usually deal with a tradesman by myself, or constantly pay him ready money, I am not answerable for what my servant
Master, want takes up upon trust; for here is no implied order to the tradesman to trust my servant: but if I usually send him upon trust, or sometimes on trust and sometimes with ready money, I am answerable for all he takes up; for the tradesman cannot possibly distinguish when he comes by my order, and when upon his own authority.
If a servant, lastly, by his negligence does any damage to a stranger, the master shall answer for his neglect: if a smith's servant lames a horse while he is shoeing him, an action lies against the master, and not against the servant. But in these cases the damage must be done while he is actually employed in the master's service; otherwise the servant shall answer for his own misbehaviour. Upon this principle, by the common law, if a servant kept his master's fire negligently, so that his neighbour's house was burned down thereby, an action lay against the master; because this negligence happened in his service: otherwise, if the servant, going along the street with a torch, by negligence sets fire to a house; for there he is not in his master's immediate service, and must himself answer the damage personally. But now the common law is, in the former case, altered by statute 6 Ann. c. 3. which ordains, that no action shall be maintained against any in whose house or chamber any fire shall accidentally begin; for their own loss is sufficient punishment for their own or their servant's carelessness. But if such fire happens through negligence of any servant (whose loss is commonly very little), such servant shall forfeit 100l. to be distributed among the sufferers; and, in default of payment, shall be committed to some workhouse, and there kept to hard labour for 18 months. A master is, lastly, chargeable if any of his family layeth or casteth any thing out of his house into the street or common highway, to the damage of any individual, or the common nuisance of his majesty's liege people: for the master hath the superintendence of all his household. And this also agrees with the civil law; which holds, that the pater familias, in this and similar cases, ob alterius culpam tenetur, sive servi, sive liberi.
We may observe, that in all the cases here put, the master may be frequently a loser by the trust reposed in his servant, but never can be a gainer: he may frequently be answerable for his servant's misbehaviour, but never can shelter himself from punishment by laying the blame on his agent. The reason of this is still uniform and the same; that the wrong done by the servant is looked upon in law as the wrong of the master himself; and it is a standing maxim, that no man shall be allowed to make any advantage of his own wrong.