57. 491.]

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

[Footnote m: Salk. 67.]

[Footnote n: Stat. 20 Geo. II. c. 19.]

3. A THIRD species of servants are _labourers_, who are only hired by
the day or the week, and do not live _intra moenia_, as part of the
family; concerning whom the statute so often cited[o] has made many
very good regulations; 1. Directing that all persons who have no
visible effects may be compelled to work: 2. Defining how long they
must continue at work in summer and winter: 3. Punishing such as leave
or desert their work: 4. Empowering the justices at sessions, or the
sheriff of the county, to settle their wages: and 5. Inflicting
penalties on such as either give, or exact, more wages than are so
settled.

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

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 the