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master; the former, because he has an interest in the service of the latter; the latter, because the defence of the former is considered as part of the consideration, for which wages are stipulated and received." The law is unquestionably so as is here stated: the reasons assigned for it, I am inclined to believe, are founded on principles much too narrow.

The defence of one's own person is a part of the law of self preservation. The defence of the person of another is, I think, a part of the law of humanity. This point, however, which is of a very general importance to the peace and security of society, will merit an investigation in another place.

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The common law, retaining the refined delicacy which we have observed oftener than once, will not, without strong necessity, inspect or interpose in the interiour government of a family. That sufficient authority, however, may exist to preserve order in the domestick department—a department of mighty moment to human happiness—the law invests the master with a power to correct, but moderately, his servant or apprentice, for negligence or for other misbehaviour. We have seen that “ sine imperio, nulla domus stare potest.” 0 Be. sides; in the regulation which the law has drawn concerning an atrocious outrage, in which she found it necessary to interpose, she has with a pencil exquisitely fine, but whose strokes can be traced by a discerning eye, marked a line of general direction for the relative rights and duties of a master and servant. From the latter to the former, she expressly requires a species, though an inferiour species, of allegiance: from the former to the latter, she, by a necessary consequence,

A 1. B1. Com. 429.

• Cic. de leg. 1 3.

strongly inculcates a species, though an interiour species, of protection. These remarks will receive illustration, when the crime of petty treason shall come under our view.

Apprentices are a species of servants. They are usually bound for a term of years, to serve and to be instructed by their masters in their profession or trade.

Persons under the age of twenty one years cannot, by the common law, bind themselves apprentices, in such a manner as to become liable to an action for departing, from their service, or for other breaches of their indentures. For this reason, it is necessary that the parent, guardian, or some friend of the apprentice be bound for the faithful discharge of his duty.P But it is not every minor, who has such connexions, willing to be bound for him.

By the custom of London, an infant, unmarried and above the age of fourteen years, may bind himself apprentice to a freeman of London; and the covenants in the indenture of apprenticeship shall be as valid, as if the apprentice had been of full age, 9 The spirit of this custom has been adopted and enlarged by the legislature of Pennsylvania, A minor, bound an apprentice with the assent of the parent, the guardian, or the next friend, or with the assent of the overseers of the

poor, and approbation of any two justices, is bound as fully as if of age at the time of making the indentures. But an apprenticeship under this very excellent law must expire, in the case of a male, at twenty one, in the case of a female, at eighteen years of age.


P 3. Bac. 547.

Id. 347.

r 1. Laws Penn, 540, s. 1,

of my

To qualify one for the skilful and successful exercise of a trade or profession, an apprenticeship is certainly useful; but, by the common law, it is not necessary. It was resolved, as we are informed in one of the reports

Lord Coke, that, at the common law, no man can be prohibited from exercising his industry in any lawful occupation ; for the law hates idleness, the mother of all evil, and especially in young men, who, in their youth, which is their seed' time, ought to learn lawful trades and sciences, which are profitable to the commonwealth, and of which they themselves may reap the harvest in their future years. Besides; the common law abhors all monopolies, which forbid any from working in any lawful trade. If he who undertakes to work is unskilful, his ignorance is his sufficient punishment; for “ quilibet quærit in qualibet arte peritos;” and if, in performing his work, he injures his employer, the law bas provided an action to recover damages for the injury done. To every monopoly, we are told by the same book in another place, there are three inseparable incidents against the commonwealth. 1. The price of the commodity is raised. 2. The quality of the commodity is debased. 3. Those who formerly maintained themselves and their families by the same profession or trade, are impoverished, and reduced to a state of beggary and idleness.

Besides apprentices, and those to whom the name of servant is appropriated in the language of common life, the relation of servant is extended, by the language and by many of the rules of the law, to others in a superiour ministerial capacity-to bailiffs, to stewards, to agents, to factors, to attornies, and to the mas

s 11. Rep. 53. b. 54.

t Id. 86. b.

ters of vessels considered in their relation to the owners of them. u

Of many acts of the servant, the master is entitled to receive the advantage: of many others, he is obliged to suffer or to compensate for the injury. In each series of cases-it would be, here, improper to attempt an enumeration of particulars--In each series of cases, the principle is the same. Whatever is done by the servant, in the usual course of his business, is presumed, and fairly presumed, to be done by the command, or the authority, tacit or express, of the master; whatever is done by the master's command, is considered, and justly considered, as done by the master in person : " Qui facit per alium, facit per se.”

Thus much concerning the relation between master and servant: and thus much concerning the component parts of that important and respectable, though small and sometimes neglected establishment, which is denominated a family. “ Id autem est”-says Cicero,' in the fine and just passage already cited oftener than once -“id autem est principium urbis, et quasi seminarium reipublicæ.” It is the principle of the community; it is that seminary, on which the commonwealth, for its manners as well as for its numbers, must ultimately depend. As its establishment is the source, so its happiness is the end, of every institution of government, which is wise and good.

In the introduction to my lectures I told my

hearers, that “ publick law and publick government were not made for themselves ;” but that “ they were made for something better;" that “ I meant society ;” that “ I meant particularly domestick society.” Perhaps, it was then thought, by some, that all this was introduced merely for the sake of an encomium--but, by the way, an encomium severely just—with which it was accompanied. In the regular course of my system, the sentiment has now undergone a scrutinizing analysis in the most minute detail. I can appeal to such, if any such, who thought otherwise then-I can appeal to all, who have formed their opinion now, whether the sentiment, in all its parts, and in all its objects too, is not founded in sound politicks and genuine philosophy.

u 3. Bac. 544.

v De Off. 1. 1. c. 17.

w Vol. 1. p. 35.

In digesting a system of English law a little more than a century ago, it would have been necessary to notice and explain another domestick relation—not, indeed, founded in nature that of lord and villain. Of the feudal city, however, we can still recollect the exteriour battlements and towers, cumbrous, but disproportioned and insecure, and the interiour buildings and halls, spacious, but comfortless and inconvenient. In ruins it now lies. With sentiments very different from those of regret, we can exclaim over it--fuit servitus. *

I have now done with considering the peculiar rela. tions of man in a state of society, independent of civil government. But in that state, as he bears peculiar relations to some, so he bears a general relation to all. From that general relation, rights and duties result. His rights are, to receive the fulfilment of the engagements which are made to him, and to be free from injury to

* Fuit Ilium.

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