m 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[s]: 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].

[Footnote p: See page 352.]

[Footnote q: Stat. 5 Eliz. c. 4.]

[Footnote r: Lord Raym. 514.]

[Footnote s: 1 Ventr. 51. 2 Keb. 583.]

[Footnote 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[u]: 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].

[Footnote u: 1 Hawk. P.C. 130. Lamb. Eiren. 127.]

[Footnote w: F.N.B. 168.]

[Footnote x: Stat. 5 Eliz. c. 4.]

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[y]; it being impossible for any
magistrate to be a judge of the employment of menial servants, or of
course to assess their wages.

[Footnote y: 2 Jones. 47.]

III. LET us, lastly, see how strangers may be affected by this
relation of master and servant: or how a master may behave towards
others on behalf of his servant; and what a servant may do on behalf
of his master.

AND, first, the master may _maintain_, that is, abet and assist his
servant in any action at law against a stranger: whereas, in general,
it is an offence against public justice to encourage suits and
animosities, by helping to bear the expense of them, and is called in
law maintenance[z]. A master also may bring an action against any man
for beating or maiming his servan