Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/444

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428
The Rights
Book 1.

whereof ſkill is required: but another of their arguments goes much farther; viz. that apprenticeſhips are uſeful to the commonwealth, by employing of youth, and learning them to be early induſtrious; but that no one would be induced to undergo a ſeven years ſervitude, if others, though equally ſkilful, were allowed the ſame advantages without having undergone the ſame diſcipline: and in this there ſeems to be much reaſon. However, the reſolutions of the courts have in general rather confined than extended the reſtriction. No trades are held to be within the ſtatute, but ſuch as were in being at the making of it[1]: for trading in a country village, apprenticeſhips are not requiſite[2]: and following the trade ſeven years is ſufficient without any binding; for the ſtatute only ſays, the perſon muſt ſerve as an apprentice, and does not require an actual apprenticeſhip to have exiſted[3].

A master may by law correct his apprentice or ſervant for negligence or other miſbehaviour, ſo it be done with moderation[4]: though, if the maſter's wife beats him, it is good cauſe of departure[5]. But if any ſervant, workman, or labourer aſſaults his maſter or dame, he ſhall ſuffer one year's impriſonment, and other, open corporal puniſhment, not extending to life or limb[6].

By ſervice all ſervants and labourers, except apprentices, become entitled to wages: according to their agreement, if menial ſervants; or according to the appointment of the ſheriff or ſeſſions, if labourers or ſervants in huſbandry: for the ſtatutes for regulation of wages extend to ſuch ſervants only[7]; it being impoſſible for any magiſtrate to be a judge of the employment of menial ſervants, or of courſe to aſſeſs their wages.

III. Let us, laſtly, ſee how ſtrangers may be affected by this relation of maſter and ſervant: or how a maſter may behave to-

  1. Lord Raym. 514.
  2. 1 Ventr. 51. 2 Keb. 583.
  3. Lord Raym. 1179.
  4. 1 Hawk. P. C. 130. Lamb. Eiren. 127.
  5. F. N. B. 168.
  6. Stat. 5 Eliz. c. 4.
  7. 2 Jones. 47.
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