4. There is yet a fourth species of servants, if they may be so called, being rather in a superior, a ministerial, capacity; such as stewards, factors, and bailiffs: whom however the law considers as servants pro tempore, with regard to such of their acts, as affect their master's or employer's property. Which leads me to consider,
II. The manner in which this relation, of service, affects either the master or servant. And, first, by hiring and service for a year, or apprenticeship under indentures, a person gains a settlement in that parish wherein he last served forty days[p]. In the next place persons serving as apprentices to any trade have an exclusive right to exercise that trade in any part of England[q]. This law, with regard to the exclusive part of it, has by turns been looked upon as a hard law, or as a beneficial one, according to the prevailing humour of the times: which has occasioned a great variety of resolutions in the courts of law concerning it; and attempts have been frequently made for it's repeal, though hitherto without success. At common law every man might use what trade he pleased; but this statute restrains that liberty to such as have served as apprentices: the adversaries to which provision say, that all restrictions (which tend to introduce monopolies) are pernicious to trade; the advocates for it alledge, that unskilfulness in trades is equally detrimental to the public, as monopolies. This reason indeed only extends to such trades, in the exercise 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[r]: for trading in a country village, apprenticeships are not requisite[]: 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[t].
[p] See [page 352].
[q] Stat. 5 Eliz. c. 4.
[r] Lord Raym. 514.
[] 1 Ventr. 51. 2 Keb. 583.
[t] Lord Raym. 1179.
A master may by law correct his apprentice or servant for negligence or other misbehaviour, so it be done with moderation[]: though, if the master's wife beats him, it is good cause of departure[w]. 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[x].
[] 1 Hawk. P.C. 130. Lamb. Eiren. 127.
[w] F.N.B. 168.