a term of relation, signifying a person who owes and pays obedience for a certain time to another in quality of a master.
As to the several sorts of servants: It was observed, under the article LIBERTY, that pure and proper slavery does not, nay cannot, subsist in Britain: such we mean whereby an absolute and unlimited power is given to the master over the life and fortune of the slave. And indeed it is repugnant to reason, and the principles of natural law, that such a state should subsist anywhere. See SLAVERY.
The law of England therefore abhors, and will not endure, the existence of slavery within this nation: so that when an attempt was made to introduce it, by statute 1 Edw. VI. c. 3, which ordained, that all idle vagabonds should be made slaves, and fed upon bread, water, or small drink, and refuse-meat; should wear a ring of iron round their necks, arms, or legs; and should be compelled, by beating, chaining, or otherwise, to perform the work assigned them, were it ever so vile; the spirit of the nation could not brook this condition, even in the most abandoned rogues; and therefore this statute was repealed in two years afterwards. And now it is laid down, that a slave or negro, the infant he lands in Britain, becomes a freeman; that is, the law will protect him in the enjoyment of his person and his property. Yet, with regard to any right which the master may have lawfully acquired to the perpetual service of John or Thomas, this will remain exactly in the same state as before: for this is no more than the same state of subjection for life which every apprentice submits to for the space of seven years, or sometimes for a longer term. Hence, too, it follows, that the infamous and unchristian practice of withholding baptism from negro-servants, lest they should thereby gain their liberty, is totally without foundation, as well as without excuse. The law of England acts upon general and extensive principles: it gives liberty, rightly understood, that is, protection, to a Jew, a Turk, or a Heathen, as well as to those who profess the true religion of Christ; and it will not dissolve a civil obligation between master and servant, on account of the alteration of faith in either of the parties; but the slave is entitled to the same protection in England before as after baptism; and, whatever service the Heathen negro owed of right to his American master, by general, not by local law, the same (whatever it be) is he bound to render when brought to England and made a Christian.
1. The first sort of servants, therefore, acknowledged by the laws of England, are mental servants; so called from being intra mania, or domiciles. The contract between them and their masters arises upon the hiring. If the hiring be general, without any particular time limited, the law construes it to be a hiring for a year; upon a principle of natural equity, that the servant shall serve and the master maintain him, throughout all the revolutions of the respective seasons; as well when there is work to be done, as when there is not: but the contract may be made for any larger or smaller term. All single men between 12 years old and 60, and married ones under 30 years of age, and all single women between 12 and 40, not having any visible livelihood, are compellable by two justices to go out to service in husbandry or certain specific trades, for the promotion of honest industry; and no master can put away his servant, or servant leave his master, after being so retained, either before or at the end of his term, without a quarter's warning; unless upon reasonable cause, to be allowed by a justice of the peace: but they may part by consent, or make a special bargain.
2. Another species of servants are called apprentices, (from apprendre, to learn); and are usually bound for a term of years, by deed indented or indentures, to serve their masters, and be maintained and instructed by them. This is usually done to persons of trade, in order to learn their art and mystery; and sometimes very large sums are given with them as a premium for such their instruction: but it may be done to husbandmen, nay, to gentlemen and others. And children of poor persons may be apprenticed out by the overseers, with consent of two justices, till 24 years of age, to such persons as are thought fitting; who are also compellable to take them: and it is held, that gentlemen of fortune, and clergymen, are equally liable with others to such compulsion: for which purposes our statutes have made the indentures obligatory, even though such parish-apprentice be a minor. Apprentices to trades may be discharged on reasonable cause, either at the request of themselves or masters, at the quarter-sessions, or by one justice, with appeal to the sessions; who may, by the equity of the statute, if they think it reasonable, direct restitution of a rateable share of the money given with the apprentice: and parish-apprentices may be discharged in the same manner by two justices. But if an apprentice, with whom less than 10 pounds hath been given, runs away from his master, he is compellable to serve out his time of absence, or make satisfaction for the same, at any time within seven years after the expiration of his original contract. See APPRENTICE and APPRENTICESHIP.
3. A third species of servants are labourers, who are only hired by the day or the week, and do not live intra mania, as part of the family; concerning whom the statutes before-cited have made many very good regulations; 1. Directing that all persons who have no visible effects may be compelled to work; 2. Defining how long they must continue at work in summer and in winter; 3. Punishing such as leave or desert their work; 4. Empowering the justices at sessions, or the sheriff of the county, to settle their wages; and, 5. Inflicting penalties on such as either give or exact more wages than are so settled.
4. There is yet a fourth species of servants, if they may be so called, being rather in a superior, a ministerial, capacity; such as stewards, factors, and bailiffs; whom, however, the law considers as servants pro tempore, with regard to such of their acts as affect their master's or employer's property.
As to the manner in which this relation affects the master, the servant himself, or third parties, see the article MASTER and SERVANT.