622 
M A -S T K R. 
the bargain ; for this is the ftewarcTs buflnefs. A wife, a 
friend, a relation, that ufe to tranfaft bufinefs for a man, 
are quoad hoc his fervants ; and the principal mud anfwer 
for their conduct; for the law implies that they aft under 
a general command ; and without fuch a doftrine as this 
no mutual intercourfe between man and man could fuhfift 
with any tolerable convenience. If I ufually deal with a 
tradefman by myfelf, orconftantly pay him ready money, 
T am not anfwerable for what my fervant takes up upon 
trull: for here is no implied order to the tradefman to trull 
my fervant; but, if I ufually fend him upon trult, orfome- 
times on trull and fometimes with ready money, I am an¬ 
fwerable ror all he takes up ; for the tradefman cannot 
poffihly didinguiffi when he comes by my order, and when 
upon his ow n authority, i Comm. 430. 
If a fervant, lnltly, by his negligence does any damage 
to a Itranger, the mailer (hall anfwer for his negleft ; if a 
fmith’s fervant lames a horfe while he is fhoeing him, an 
aftion lies againlt the mailer, and not againllthe fervant. 
But in thele cafes the damage nuift be done while he is 
actually employed in the mailer’s fervice; otherwife the 
fervant (hall anfwer for his own mifoehaviour. Upon this 
principle, by the common law, if a fervant kept his mailer’s 
fire negligently, fo that his neighbour’s houfe was burned 
down thereby, an aftion lay againfl the malter ; becattfe 
this negligence happened in his fervice; otherwife if the 
fervant, going along the Ifreet with a torch, by negligence 
'fets fire to a houfe; fcr there he is not in his mailer’s im¬ 
mediate fervice, and mult himfelf anfwer the damages 
perfonally. But now the common law is, in the former 
cafe, altered by ftatute 6 Anne c. 3. which ordains, that 
noaftion (hall be maintained againlt any in whole houfe 
or chamber any fire (hall accidentally begin ; for their 
own lofs is fufficient punithment for their own or their 
fervant’s carelellnefs. But, if fuch fire happens through 
negligence of any fervant (whofe lofs is commonly very 
little), fuch fervant lhall forfeit iool. to be dilfributed 
among the l'uflerers ; and, in default of payment, (hall be 
committed to fome bridewell, and there kept to hard la¬ 
bour for eighteen months. A mailer is, laltly, chargeable 
if any of his family layeth or cafteth any thing out of his 
houfe into the Ifreet or common highway, to the damage 
of any individual, or the common nuifance of his majefly’s 
liege people ; for the mailer hath the fupei intendance of 
all his houfehold. And this alfo agrees with the civil 
law; which holds, that the paterfamilias, in this and fimi- 
lar cafes, ob alterius culpam tcnetur, five Jervi,fwe liberi. 
We may obferve, thar, in all the cafes here put, the maf- 
ter may be frequently a lofer by the trull repofed in his 
fervant, but never can be a gainer : he may frequently be 
anfwerable for his fervant’s mifbehaviour, but never can 
-fhelter himfelf from punilhment by laying the blame on 
his agent. The reafon of this is (till uniform and the 
fame ; that the wrong done by the fervant is looked upon 
in law as the wrong of the mailer himfelf; and it is a 
Handing maxim, that no man lhall be allowed to make any 
advantage of his own wrong. 
The law which obliges mailers to anfwer for the negli¬ 
gence and mifconduft of their fervants, though oftentimes 
apparently fevere on an innocent perfon, is founded up®n 
principles of public policy, in -order to induce mailers to 
be carehil in the choice of their fervants, upon whom both 
their own lecurity and that of others fo greatly depends. 
And to prevent mailers from being impofed upon in the 
characters of their fervants, it is enafted by (tat. 33 Geo. III. 
c. 56. that, if any perfon (hall give a falfe character of a 
fervant, ok a falfe account of his former fervice ; or if any 
fervant Mi all give fuch falfe account, or lhall bring a falfe 
character, or (hall alter a certificate of a character ; he 
lhall, upon conviftion before ajulticeof the peace, forfeit 
zol. with 10s. colts. The informer is a competent wit- 
nefs ; bur, if any fervant will inform againlt an accom¬ 
plice, he (hall be acquitted. An aftion was tried at the 
/liftings after Trin. T. 1792,31 Guildhall, againlt a perfon 
who had knowingly given a falfe character of a man to 
the plaintiff, who was thereby induced to take him into 
his fervice. This fervant foon afterwards robbed his mat¬ 
ter of property to a great amount, tor which he,was exe¬ 
cuted; and the plaintiff recovered damages againlt the 
defendant, to the extent of his lofs. This was an aftion 
of great importance to the public; and there can be no 
doubt but it was founded in drift principles of law and 
jultice. 1 Comm. 432. 
MASTER-BUIL'DER, /. An architeft.—As a wife 
majler builder I have laid the foundation, and another 
buildeth thereon. 1 Cor. iii. 10. 
MASTER of the CADU'CEUS, a name by which 
Francis Babylone, a Dutch engraver, was bed known. 
Of this artill we have various accounts, and all of them 
involved in more or lefs of uncertainty. He was proba¬ 
bly born fome time about the commencement of the fif¬ 
teenth century, and, according to Roll and Huber, at Ley¬ 
den : he is fuppoled to have ltudied in Italy under Mare 
Antonio, or Gregory Peins. The time of his death is en> 
tirely uiiknoivn. As he affixed neither name, date, (F 
nor initials, to his very lingular prints, but fimply 
the fmall caduceus which will be found in the 
margin, his very name is fcarcely fettled ; and he 
has been by fome writers called Ifracl Martin , and 
affirmed to have been the tutor of Albert Durer, 
Lucas of Leyden, and Aldeghever. 
The Mader of the Caduceus was quite original iii his 
dyle of engraving; but this dyle has not been thought 
worthy of imitation, and his prints are now fought alter 
by the curious merely on account of their great rarity.. 
He worked entirely with the graver: his courfes of line?,, 
which are rarely eroded, are rather feeble than delicate ; 
his extremities are poorly marked, and always too large ; 
his draperies are perplexed with fmall and inelegant folds', 
and his heads neither charafteridic nor expreffive. 
M AS'TER-HAND, f, The hand of a man eminently 
Ikilful : 
Mulic refembles poetry; in each 
Are namelefs graces which no methods teach, 
And which a majier-hand alone can reach. 
MASTER-JES'T, /. Principal jeft : 
Who (hall break the majler-jejl , 
And what, and how, upon the red ? Hudibras. 
Pope, 
MASTER-KE'Y - , y~. The key which opens many locks, 
of which the fubordinate keys open each only one : 
This majler-key 
Frees every lock, and leads us to his perfon. Drydcn. 
MASTER-LE'AVER ,_/1 One that leaves or deferts tils 
mader: 
Let the world rank me in regifler 
A majler-leaver and a fugitive. Shakefp. Ant, and Cleopatra. 
MASTER-LO'AD, or Lode, f. in mining, a term ufed 
to exprefs the larger vein of a metal,in places where there 
are feveral veins in the fame mountain.—Thus it happen?, 
that there are feven, fometimes five, but more ufually three, 
veins, or lodes, parallel to each other in the fame mountain. 
Of thefe the middle vein is the larged, and is called the 
majler-lode. Ency, Brit. 
MASTER-ROO'T, f. The main of chief root.—The 
bell fets are the heads got from the very tops of the root; 
the next are the runners, which fpread from the majler- 
roots. Mortimer's Hujbandry, 
M ASTER-SIN'EW, /. The majler fnew is a large finew 
that furrounds the hough, and divides it from the bone 
by a hollow place, where the wind-galls are ufually feated, 
which is the larged and molt vifible finew in a horfe’s 
body; this oftentimes is relaxed or red:rained. Farrier's 
Dift ionary, 
MAS'TER- 
