lOtf 
M A R 
M A S 
M A S' 
brums have been usually published, unless by 
special licence from the archbishop of Can- 
terbury. lie shall be guilty of felony, and 
transported for 14 years, and the marriage 
shall be void. 
MARROW. See Anatomy. 
MARRUBIUM, iv/iite horehound, a ge- 
nus of the gymnospermia order, in the clidy- 
namia class of plants, and in the natural me- 
thod ranking under the 42d order, verticilla- 
t;e. r l'he calyx is salver- shaped, rigid, and 
ten-striated; the upper lip of the corolla bifid, 
linear, and straight. There are 1 1 species, 
the most remarkable of which is the vulgare, 
a native of Britain, growing naturally in 
waste places, and by way-sides near towns and 
villages, but not common. It has a strong 
and somewhat musky smell, and bitter taste. 
It is reputed attenuant and resolvent; an in- 
fusion of the leaves in water, sweetened with 
honey, is recommended in asthmatic and 
phthisical complaints, and most other diseases 
of the breast and lungs. 
MARS, in astronomy, one of the superior 
planets, moving round the sun in an orbit be- 
tween those of the earth and Jupiter. See 
Astronomy. 
MARSHAL, in its primary signification, 
means an officer who has the command or 
care of horses ; but it is now applied to offi- 
cers who have very different employments, 
as earl-marshal, knight-marshal, or marshal 
of the king’s house, &c. 
Marshal of the king's bench, an officer 
who lias the custody of the king’s bench pri- 
son in Southwark. This officer is obliged to 
give his attendance, and to take into his cus- 
tody all persons committed by that court. 
Marshal of the exchequer, an officer to 
whom that court commits the king’s debtors. 
MARSHALLEA, a genus of the class and 
order syngenesia polygamia sequalis, little 
known. 
MARSHALLING a coat, in heraldry, 
is the disposal of several coats ot arms belong- 
ing to distinct families, in one and the same 
escutcheon or shield, together with their or- 
naments, parts, and appurtenances. 
MARSHALS EA-court, is a court of re- 
cord, originally instituted to hear and deter- 
mine causes between the servants of tbs 
king’s household and others within the verge 
of the court, and hasjurisdiction of things within 
the verge of the court, and of pleas ot trespass, 
where either party is of the king’s family ; and 
of all other actions personal, wherein both par- 
ties are the king’s servants ; but the court has 
also power to try all personal actions, as debt, 
trespass, slander, trover, action on the case, 
&c. between party and party, the liberty 
whereof extends 12 miles about Whitehall. 
The judges of this court are the steward 
of the king’s household, and high-marshal for 
the time being ; the steward of the court, or 
his deputy, is generally an eminent counsel. 
If a cause of importance is brought in this 
court, it is generally removed into the court 
of king’s bench or common pleas by a ha- 
beas corpus cum causa. 
MARSILEA, a genus of the cryptogamia 
class of plants, without any corolla or cup : 
the anthers are four, and placed on an ob- 
tusely conic body ; the fruit is of a roundish 
figure, consisting of four cells, in each of 
which are contained several roundish seeds. 
There are three species. 
Uijdcr this genus are comprehended the 
salvinia ofMicheli, and pilularia of Dillenius. 
MARTIAL law, is the law of war, which 
entirely depends on the arbitrary power ol 
the prince, or of those to whom lie has de- 
legated it. For though the king can make 
no laws in time of peace without the consent 
of parliament, yet in time of war he uses an 
absolute power over the army. 
MARTIN. See Hirundo, and Mus- 
TEL K. 
MARTLETS, in heraldry, little birds re- 
presented without feet, and used as a differ- 
ence or mark of distinction for younger bro- 
thers. 
MARTNETS, in a ship, small lines fasten- 
ed to the leech of a sail, reeved through a 
block on the topmast-head, and coining down 
by the mast to the deck. Their use is to 
bring the leech of the sail close to the yard 
to be furled. 
MARTYNIA, a genus of the nngiosper- 
mia order, in the didy namia class of plants, 
and in the natural method ranking under the 
10 th order, persona tax The calyx is quin- 
queficl ; the corolla ringent, the capsule lig- 
neous, covered with a bark, with a hooked 
beak, trilocular, and bivalved. There are 60 
species, tender, herbaceous, flowery, plants 
of South America. 
MARYGOLD. See Calendule ;andfor 
Marsh-marygoid, see Caltha. 
MASON, a person employed under the 
direction of an architect, in the raising of a 
stone building. See Architecture. 
MASSETER. See Anatomy. 
MASSICOT, a name given to the yellow 
oxide of lead, as minium is applied to the red 
oxide. 
MASSONIA, a genus of the class and or- 
der hexandria monogynia. The corolla is infe- 
rior, with 6-par ted border ; filaments on the 
neck of the tube ; capsule 3-winged, 3-celled, 
many seeded. There are four species, bulbs 
of the Cape. 
MAST, in naval architecture, a large tim- 
ber in a ship, for sustaining the yards, sails, 
&c. 
In large vessels there are four masts, viz. 
the mainmast, foremast, mizenmast, and bow- 
sprit. The mainmast is the principal one, 
standing in the middle of the ship: its length, 
according to some, should be 2% that of the 
midship-beam. Others give the following 
rule for finding its length, viz. multiply the 
breadth of the ship, in feet, by 24 ; from the 
product cut off the last figure towards the 
right hand, and the rest wall be the length 
required. Thus suppose the length of the 
midship-beam was 30 feet ; then 30 X 24 = 
720, from which cutting off the last figure, 
there remains 72 feet for the length of the 
mainmast. And as for the thickness of the 
mainmast, it is usual to allow an inch to every 
yard in length. See Ship-building. 
MASTER and servant. .In London 
and other places the mode of hiring is by what 
is commonly called a month’s warning or a 
month’s wages : that is, the parties agree to se- 
parate on either of them giving to the other a 
month’s notice for that purpose ; or, in lieu 
thereof, the party requiring the separation to 
pay, or give up, a month’s wages. But if the 
hiring of a servant is general, without any 
particular time specified, it will be construed 
to be a hiring for a year certain ; and in this 
case if the servant departs before the year, he 
forfeits all his wages. Noy, Max. 107. And a 
where a servant is hired lor one year certain, 1 
and so from year to _\ea as long as Loth par- 1 
ties shall agree, and the servant enters upon 1 
a second year, he must serve out that year, I 
and is not merely a servant at will after the 1 
first year. If a woman-servant marries she I 
must nevertheless serve out her term ; and I 
her husband cannot take her out of her mas- I 
ter’s service. 
If a servant is disabled ii his master’s ser- I 
vice by an injury received through another’s I 
default, the master may recover damages for I 
loss of his service. And also a master may 1 
not only maintain an action against any one j 
w ho entices away his servant, but also against j 
the servant; and if without any enticement a 
servant leaves his master without just cause, 
.an action will lie against another who retains 
him w ith a knowledge of such departure. 
A master has a just right to expect and ex- 
act fidelity and obedience in all his lawful 
commands; and to enforce this he may cor- 
rect his servant in a reasonable manner, but 
this correction must be to enforce the just 
and lawful commands of the master. BuL 
N. P. 18. 
In defence of his-m aster a servant may jus- 
tify assaulting another; and though death' 
should ensue it is not murder, in case ofj 
any unlawful attack upon his master’s person! 
or property. 
Acts of the servant are, in many instances,! 
deemed acts of the master ; for as it is by in- 
dulgence of law that he can delegate the 
power of acting for him to another, it is just 
he should answer for such substitute, and 
that his acts being pursuant to the authority 
given him, should be deemed the acts of his 
master. 4 Bac. Abr. 583. If a servant com- 
mits an act of trespass by command or en- 
couragement of his master, the master will 
be answerable ; but in so doing his servant i: 
not excused, as he is bound to obey the mas 
ter in such things only as are honest anc 
lawful. 
If a servant of an innkeeper robs his master’: 
guest, the master is bound to make good th< 
loss. Also, if a waiter at an inn sells a mat 
bad wine, by which his health is impaired, aj 
action will go against the master : lor his per 
miffing him to sell it to any person is deemei 
an implied general command. 1 Black. 43Q 
In like manner if a servant is frequently per 
miffed to do a thing by the tacit consent o 
his master, the master will be liable, as sue: 
permission is equivalent to a general com 
maud. 
If a servant is usually sent upon trust wit 
any tradesman, and he takes goods in th 
name of his master upon his own account, th 
master must pay for them : and so likewis 
if he is sent sometimes on trust, and oth( 
times w ith money ; for it is not possible ft 
the tradesman to know when he comes by th 
order of his master, and when by his own ai 
thority, or when with and without money. *-■ 
Str. 506. But if a man usually deals with h 
tradesmen himself, or constantly pays thei 
ready money, he is not answerable for wh; 
his servant may take up in his name ; for i 
this case there is not, as in the other, any in 
plied order to trust him. Or if the masti 
never had any personal dealings with tl 
tradesman, but the contracts have alwal 
been between the servant and the tradesma 
and the master has regularly given his se 
