SERVANT. 



eonfiders as fervants/ro tempore, with regard to fiich of their 

 afts as afFeft their mafter'j or employer's property. The 

 treatment of fervants, ftriftly fo called, as to diet, dif- 

 cipline, and accommodation, the kind and quantity of work 

 to be required of them, the intermiffion, liberty, and in- 

 dulgence to be allowed them, mult in a great mealure be 

 determined by cuftom ; for the contraft between them and 

 their mafters expiefTes only a few of a confiderable variety 

 of particulars which it is fuppofed to comprehend. A fer- 

 vant is not bound to obey the unlawful commands of his 

 matter ; e. g. to miniiler to his unlawful pleafures ; or to afliil 

 him by unlawful praftices in his profellion. For the fervant 

 is bound by nothing but his own promife ; and the obliga- 

 tion of a promife extends not to things unlawful. For the 

 fame reafons, the mailer's authority is i\o jujlification of the 

 fervant in doing wrong ; for the fervant'sown promife, upon 

 which that authority is founded, would be none. A matter 

 may by law correct his apprentice for negligence, or other 

 inilbehaviour, provided it be done with moderation ; though 

 if the matter or matter's wife beat any other lervant of full 

 age, it is good caufe of departure : but if any fervant, 

 workman, or labourer, aflaults his matter or dame, he fhall 

 fuffer one year's imprifonment, and other open corporal 

 punifliment, not extending to life or limb. (5 Eliz. c. 4.) 

 By fervice, all fervants and labourers, except apprentices, 

 become intitled to wages ; according to their agreement, if 

 menial fervants ; or according to the appointment of the 

 flieriff or feflions, if labourers or fervants in hufbandry. 

 For to them only the ttatutes for regulation of wages 

 extend. 



A matter may maintain, /. e. abet or aflitt his fervant in 

 any aftion at law againtt a ftranger ; he may alfo bring an 

 aftion againtt any man for beating or maiming his fervant, 

 affigning his damage by the lofs of Icrvice, and proving the 

 lofs upon the trial: he may likewife juilify an aflault in de- 

 fence of his fervant, and a fervant in defence of his matter 

 ( 2 Roll. Abr. 546. ) : and if any perfon hire or retain my 

 fervant, being in my fervice, I may have an aiftion for da- 

 mages againtt both the new matter and the fervant, or either 

 of them ; but if the matter did not know tlut he is my 

 fervant, no aftion lies, unlefs he afterwards refufe to 

 rettore him upon information and demand. F. N. B. 

 167, 168. 



As for thofe things which a fervant may do in behalf of his 

 matter, they feem to be grounded on this principle, that the 

 matter is anlwerable for the aft of his fervant, if done by 

 his command, either cxprelsly given or imphed ; therefore, 

 if the fervant ^mmit a trcfpafs by the command or en- 

 couragement of his matter, the matter fliall be guilty of it : 

 if any inn-keeper's fervants rob his guelts, the matter is 

 bound to reilitution (Noy's Max. c. 43.); and if the 

 drawer at a tavern fells a man bad wine, by which hie health 

 is injured, he may bring an action againtt the matter. 

 ( 1 Roll. Abr. gj. ) In the fame manner, whatever a fervant 

 is permitted to do in the ufual courfe of his bufinefs, is 

 equivalent to a general command ; if I pay money to a 

 banker's fervant, the banker is anfwerable for it ; if a tteward 

 lets leafe of a farm without the owner's knowledge, the 

 owner mutt ftand to the bargain : a wife, friend, or relation, 

 that ufed to tranfaft bufinefs for a man, are quoad hoc his 

 fervants, and the principal mutt anfwer for their conduft. 

 Farther, if a fervmt, by his negligence, does any damage 

 to a ttranger, the matter fhall anfwer for his negleft : if a 

 fmith's fervant lames a horfe while he is (hoeing him, an 

 aftion lies againtt the matter and not againtt the fervant. 

 A matter is chargeable if any of his family layeth or car- 

 rieth any thing out of his houfe into the ttreet, or common 



high way, to the damage of an individual, or the common 

 nufance of his majetty's liege people. In cafe of fire the 

 fervant is accountable. Blacktt. Comm. book i. See 

 Larceny. 



Much depends upon the fobriety, integrity, and diligence 

 of fervants ; and the eafe with which they obtain characters, 

 or procure employment with fuch characters, real or ficti- 

 tious, as they gain, is very mjurious both to their employers 

 and to themfelves. Charafters are given with fo little re- 

 ferve and veracity, " that I (houid as foon depend," fays 

 the author of the Rambler, " upon an acquittal at the Old 

 Bailey, by wa)^ of recommendation of a fervant's honefty, 

 as upon one of thefe charafters." At the fame time an- 

 other extreme ttiould be avoided, which is that of obilruft- 

 ing the advancement of a faithful and deferving fervant, 

 either from refentment, caprice, or felf-interett. In order 

 to form good fervants, attention fliould be paid to their 

 domeftic conduft, and that kind of difcipline fhould be 

 cxercifed at home which may contribute to- prevent their 

 corruption and mifery. 



what the Chriftian fcriptures have delivered concerning 

 the relation and reciprocal duties of matters and fervants, 

 breathes a fpirit of liberality, very little known in ages 

 when fervitude was flavery ; and which flowed from a habit 

 of contemplating mankind under the common relation in 

 which they ftand to their Creator, and with refpeft to their 

 intereft in another exittence. (Ephef. vi. 5 — 9.) " Sen-ants 

 be obedient to them that are your matters, according to the 

 fletti, with fear and trembling ; in finglcnefs of your heart, 

 as unto Chritt ; not with eye-fervice, as men-pleafers, but as 

 the fervants of Chriif, doing the will of God from the heart ; 

 •with good luill, doing fervice as io the Lord, and not to men : 

 knowing that whatfocver good thing any man doth, the 

 fame fhall he receive of the Lord, whether he be bond or 

 free. And ye matters do the fame thing unto them, for- 

 bearing threatening ; knowing that your matter alfo is in 

 heaven ; neither is there refpeft of perfons with him." 

 The idea of referring their fervice to God, of confidering 

 him as having appointed them their taflt, that they were 

 doing bis will, and were to look to him for their reward, 

 was new ; and affords a greater fecurity to the matter than 

 any inferior principle, becaufe it tends to produce a tteady 

 and cordial obedience in the place of that conttrained fervice, 

 which can never be trutted out of fight, and which is iuttly 

 enough called eye-fervice. The exhortation to mafters, to 

 keep in view their own fubjeftion and accountablenefs, was 

 no lefs f;afonable. 



The Romans, befides their flaves, whom they alfo called 

 fervi, had another kind of fervants, whom they called nexi 

 and addiai, who were Inch as being in debt, were delivered 

 up to their creditors by the prstor, to work out the debt, 

 after which they were again at liberty. 



The pope, out of his wonderful humility, calls himfelf in 

 his bullo, the fervant of the fervants of God, fervus fer- 

 I'oriim Dei. The firtt who ufed the appellation, as Dia- 

 conus tells, were pope Damafus, and Gregory the Great, 

 which laft is faid to have ufed it to check, by his modetty, 

 the arrogance of John, patriarch of Conttantinople, who 

 took the title of ecumenical. Du-Cange adds, that the title 

 fervant has been affumed by fome bifhops, by fome kings, 

 and fome monks. 



Servant, in Agriculture, a perfon employed in the 

 performing of fome part of the bufinefs of a farm, of 

 whatever kind it may be. On this fubjeft, the following 

 judicious hints have been thrown out by the author of the 

 " Landed Property of England," for the direftion of thofe 

 fervants who have the condufting of the management of 



fanning 



