such punishment as a court martial shall inflict, though it extend to death itself.

This discretionary power of the court-martial is indeed to be guided by the directions of the crown; which, with regard to military offences, has almost an absolute legislative power. "His majesty, (says the act,) may form articles of war, and constitute courts martial, with power to try any crime by such articles, and inflict such penalties as the articles direct." A vast and most important trust! an unlimited power to create crimes, and annex to them any punishments, not extending to life or limb! These are indeed forbidden to be inflicted, except for crimes declared to be so punishable by this act; which crimes we have just enumerated, and, among which, we may observe that any disobedience to lawful commands is one. Perhaps in some future revision of this act, which is in many respects hastily penned, it may be thought worthy the wisdom of parliament to ascertain the limits of military subjection, and to enact express articles of war for the government of the army, as is done for the government of the navy: especially as, by our present constitution, the nobility and gentry of the kingdom, who serve their country as militia officers, are annually subjected to the same arbitrary rule, during their time of exercise.

But as soldiers, by this annual act, are thus put in a worse condition than any other subjects, so, by the humanity of our standing laws, they are in some cases put in a much better. By statute 43 Eliz. c. 3. a weekly allowance is to be raised in

every county for the relief of soldiers that are sick, hurt, and maimed; not forgetting the royal hospital at Chelsea for such as are worn out in their duty. Officers and soldiers, that have been in the king's service, are by several statutes, enacted at the close of several wars, at liberty to use any trade or occupation they are fit for, in any town in the kingdom (except the two universities) notwithstanding any statute, custom, or charter to the contrary.

The maritime state is nearly related to the former; though much more agreeable to the principles of our free constitution. The royal navy of England hath ever been its greatest defence and ornament; it is its ancient and natural strength; the floating bulwark of the island; an army, from which, however strong and powerful, no danger can ever be apprehended to liberty and accordingly it has been assiduously cultivated, even from the earliest ages. To so much perfection was our naval reputation arrived in the twelfth century, that the code of maritime laws, which are called the laws of Oleron, and are received by all nations in Europe as the ground and substruction of all their marine constitutions, was confessedly compiled by our king Richard the First, at the isle of Oleron on the coast of France, then part of the possessions of the crown of England.

Many laws have been made for the supply of the royal navy with seamen ; for their regulation when on board; and to confer privileges and rewards on them during and after their service.

1. First, for their supply. The power of impressing seafaring men for the sea service by the king's commission, has been a matter of some dispute, and submitted to with great reluctance.

But, besides this method of impressing, there are other ways that tend to the increase of seamen, and manning the royal navy. Parishes may bind out poor boys apprentices to masters of merchantmen, who shall be protected from impressing for the first three years; and if they are impressed afterwards, the masters shall be allowed their wages: great advantages in point of wages are given to volunteer seamen, in order to induce them to enter into his majesty's service and every foreign seaman, who during a war shall serve two years in any man of war, merchantman, or privateer, is naturalized ipso facto.

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2. The method of ordering seamen in the royal fleet, and keeping up a regular discipline there, is directed by certain express rules, articles, and orders, enacted by the authority of parliament soon after the restoration. In these articles of the navy almost every possible offence is set down, and the punishment thereof annexed: in which respect the seamen have much the advantage over their brethren in the land service; whose articles of war are not enacted by parliament, but framed from time to time at the pleasure of the crown.

3. With regard to the privileges conferred on sailors, they are pretty much the same with those conferred on soldiers with regard to relief, when maimed, or wounded, or superannuated, either by

county rates, or the royal hospital at Greenwich ; with regard also to the exercise of trades, and the power of making nuncupative testaments; and, farther, no seaman aboard his majesty's ships can be arrested for any debt, unless the same be sworn to amount to at least twenty pounds; though, by the annual mutiny acts, a soldier may be arrested for a debt which extends to half that value, but not to a less amount.

CHAPTER XIV.

OF MASTER AND SERVANT.

HAVING thus commented on the rights and duties of persons, as standing in the public relations of magistrates and people, the method I have marked out now leads me to consider their rights and duties in private œconomical relations.

private life are,

2. That of hus

The three great relations in 1. That of master and servant. band and wife. 3. That of parent and child, maintained, and educated. 4. That of guardian and ward, which is a kind of artificial parentage, in order to supply the deficiency, whenever it happens, of the natural. Of all these relations in their order.

In discussing the relation of master and servant, I shall first consider the several sorts of servants, and how this relation is created and destroyed: secondly, the effect of this relation with regard to

the parties themselves: and, lastly, its effect with regard to other persons.

1. The first sort of servants, therefore, acknowledged by the laws of England, are menial servants; so called from being intra mænia, or domestics. The contract between them and their masters arises upon the hiring. If the hiring be general without any particular time limited, the law construes it to be a hiring for a year; upon a principle of natural equity, that the servant shall serve, and the master maintain him, throughout all the revolutions of the respective seasons; as well when there is work to be done, and when there is not: but the contract may be made for any larger or smaller term.

2. Another species of servants are called apprentices (from apprendre, to learn) and are usually bound for a term of years, by deed indented, or indentures to serve their masters, and be maintained and instructed by them. This is usually done to persons of trade, in order to learn their art and mystery; but it may be done to husbandmen, nay to gentlemen, and ethers. And children of poor persons may be apprenticed out by the overseers, with consent of two justices, till twentyone years of age, to such persons as are thought fitting; who are also compellable to take them. Apprentices to trades may be discharged on reasonable cause, either at the request of themselves or masters, at the quarter sessions, or by one justice with appeal to the sessions; who may, by the equity of the statute, if they think it reasonable,