A Master’s Correcting and Governing of His Household

The ſecond point wherein a maſters power conſiſteth is correction: which may be giuen by lookes, words, or deeds.

By a mans looke his anger and wrath againſt another is manifeſted.⁵¹⁶ In Hebrew the ſame word ſignifieth a face, and wrath: becauſe wrath ſooneſt ſheweth it ſelfe in a mans face. It is noted of Cain, that being very wrath his countenance fell⁵¹⁷ downe, Gen. 4. 5. Now the manifeſtation of a maſters wrath againſt his ſeruant is a correction.

1. 516. אף ab אנף
2. 517. Si quis in domo per inobedientiam domeſticae paci aduerſatur, corripiatur ſeu verbo, ſeu verbere, ſea quo. libet alio genere poenae iuſto atꝗ licito. Aug. de Ciu. Deil. 19. c. 16.

But words whether of rebuke, or threatning, doe much more declare the ſame. This phraſe which Solomon vſeth Pro. 29. 19. (a ſeruant will not be corrected with words) ſheweth that there is a correction by words: and though it be negatiuely propounded, yet doth it not imply that correction by words is not to be vſed to a ſeruant, but rather, if thereby he be not moued, that blowes muſt be added thereto: which is a correction by deeds, whereof Chriſt maketh mention in the parable of thoſe ſeruants that according to the greatneſſe of their fault are⁵¹⁸ to be beaten with many ſtripes. It is therefore in a maſters power to correct his ſeruant with ſtripes, or blowes. Which being ſo, I will ſhew,

• 1. How farre his power herein extendeth.
• 2. How it is to be ordered.

1. 518. Luke 12. 47.

Concerning the extent of a maſters power in correcting his ſeruant, this queſtion is to be reſolued, Whether a maſter haue power for any fault to take away his ſeruants life.

Anſw. His power reacheth not ſo farre, as is euident by theſe reaſons.

1. There is no precept, nor approued example, nor any other warrant out of Gods word for it. The Iewes had great power ouer ſuch ſeruants as were ſtrangers: Of them they might⁵¹⁹ buy bond-men and bond-maids: they might haue them for a poſſeſſion: and take them for an inheritance for their children after them, to be bond-men for euer: they might be put to the moſt toyling, droyling, baſe, and abiect workes that they had, as drawing water, hewing wood, and the like; but yet their maſters⁵²⁰ had not power ouer their liues.

1. 519. Leu. 25. 44, 45, 46.
2. 520. Ioſ. 9. 27.

2. A maſter might not diſmember his ſeruant: if vnawares he did ſmite out an eie or tooth of his ſeruant, he muſt make a recompence: which was to let him goe free. Much leſſe therefore⁵²¹ might he take away his ſeruants life.

1. 521. Exod. 21. 26. [moved in the edition]

3. If a ſeruant died vnder his maſters hand when he corrected him, though he intended not wilfully to murder him, that maſter was to be puniſhed. It was not therfore lawfull for⁵²² a maſter wittingly to kill a ſeruant.

1. 522. Exod. 21. 20. [moved in the edition]

4. The power of life is proper to the publike magiſtrate, who doth all things in open publike places, that ſo there may be many witneſſes of his iuſt proceeding. If maſters had this power, many might priuily be put to death, and no man know for what cauſe, as it is in popiſh inquiſitions.

5.⁵²³ The approued lawes of men make it wilfull murder for a maſter to ſlay his ſeruant wittingly, though the ſeruants fault be neuer ſo hainous. Neither the authority of the maſter, nor deſert of the ſeruant, ſhall exempt the maſter that ſlayeth his ſeruant from the guilt and puniſhment of felony.

1. 523. Si Dominus ſeruum ceciderit, vel lethale vulnus inflixerit, reus homicidij ſit. Iuſtin. Cod. l. 9. tit. 18. [moved in the edition]

Anſw. They neuer of right had it, though ſome might exerciſe it. Among Gods people it was neuer exerciſed in any age of the world. That liberty which was taken, was among p. 660 the heathen: and yet among them as polities came to be more⁵²⁴ and more ciuilly gouerned, that vſurped liberty by the lawes of Magiſtrates was much reſtrained: and when Emperors and Kings became Chriſtians, it was vtterly taken away.

1. 524. Apud Gentes animaduertere poſſumus Dominis in ſeruos vitae, neciſꝗ poteſtatem fuiſſe. Sed hoc tempore nullis hominibus qui ſub imperio noſtro ſunt, licet fine cauſa legibus cognita in ſeruos ſuos ſupra modum ſaeuire Nam ex conſtit. Antonini qui ſine cauſe ſeruum ſuum occiderit, non minus puniri iubetur, quam ſi alienum ſeruum occiderit. Iuſtin. Jnſtit. l. 1. Tit. 8. Domini mitiores eſſe debent. Cypr. Teſtim. l. 3. c. 73.

Anſw. If in the time of the warre he ſlay him not, but then ſpare him, and take him as a captiue, and make him his ſeruant, though but a bondſlaue, he hath not power of his life.

Contrary to their iuſt and due power doe they, who in their rage ſtab their ſeruants, or otherwiſe make them away: yea they alſo who ſo vnmercifully and vnmeaſurably beat them with rod, cudgell, or any other thing, as death follow thereupon: for many there be who hauing once begunne to ſtrike, know not when to ceaſe, but lay on as if they were ſtriking ſtocks and blocks, and not their owne fleſh. God foreſaw that maſters were prone to ſuch cruelty, and therefore⁵²⁵ ſet a ſtint number of ſtripes, which none that beat another might exceed.

1. 525. Deut. 25. 3.

Among theſe may be reckoned ſuch deſperate maſters as in their moode will ſtrike their ſeruant with any thing that commeth next to hand, be it heauy, cragged, hard, or ſharpe, they care not (⁵²⁶ As a mad man who caſteth fire-brands, arrowes, and death.) Theſe things may endanger a ſeruants life, if not, they may breake his head, or otherwiſe wound, bruiſe, and lame him.

1. 526. Pro. 26. 18. [moved in the edition]

It is beyond a maſters power by any correction to impaire life, health, or ſtrength of his ſeruant, or any way in his body to diſable him from doing that which otherwiſe he might haue beene able to doe.

If maſters, no not for puniſhment of any ſinne, may not take away or endanger the life of his ſeruant, what may we thinke of ſuch maſters, as without any fault of their ſeruants, cauſe them to be made away by putting them vpon ſome deſperate attempt, either to maintaine their owne quarrell, or for ſome other vniuſt end?⁵²⁷ Dauid dealt thus with Uriah: but afterwards he⁵²⁸ ſorely repented this part of iniuſtice. At another p. 661⁵²⁹ time when three of his ſeruants had fetched him water, which he longed for, with ieopardy of their liues, though in ſafety they returned, yet his heart ſmote him for his longing, and he would not drinke of that water becauſe they had ventured their liues to fetch it.

1. 527. 2 Sam. 11. 15. [moved in the edition]
2. 528. Pſal. 51. 14.
3. 529. 2 Sam. 23. 15, &c.

But what may we ſay of ſuch maſters, as cauſe their ſeruants for their ſakes to commit felony, murther, treaſon, rebellion, and ſuch other things, as cauſe the publike magiſtrate to vnſheath his ſword againſt them, & cut them off? We noted this⁵³⁰ before to be a grienous fault in regard of the vnlawfulneſſe of the thing: here further we may note it to be much more hainous in regard of the miſchiefe that followeth thereupon, which is the loſſe of their ſeruants life: ſo as thus they make themſelues acceſſary to a deteſtable ſinne, and guilty of the bloud of their ſeruant.

1. 530. §. 8.

2. That maſters may well order that correction which they giue to their ſeruants, difference muſt be put betwixt the age, ſex, diſpoſition, and faults of thoſe whom they correct.

1. Maſters ought not to be ſo forward to ſtrike ſuch as are growne in yeares, as the younger ſort. Yeares bring vnderſtanding, and a rebuke will make one of vnderſtanding more ſory for a fault, and more carefull to amend it, The direction preſcribed to parents (Treat. 6. §. 47.) for well ordering that correction which they giue to their children, may in many points be here fitly applied. Read it. then blowes: ſmart more workes vpon the younger ſort. But if notwithſtanding their yeares they be ſtout, and will not regard words, their ſtoutneſſe. muſt be beaten downe with blowes.⁵³¹ Smite a ſcorner, ſaith the wiſe man: and againe, Iudgements are prepared for ſcorners, and ſtripes for the backe of fooles.

1. 531. Pro. 19. 25, 29. [moved in the edition]

Seeing ſeruants in yeares are in this caſe to be corrected, it is further requiſite to put a difference betwixt the kinde or meaſure of correction which is giuen to them, and to the younger ſort: if they be corrected as children, they may either p. 662 make a toy of it, or the more diſdaine at it.⁵³² Blewneſſe, wound, and ſtripes piercing into the inward parts of the belly, are a purging medicine againſt euill, to ſtout ſeruants of ripe yeares.

1. 532. Pro. 20. 30. Heris in famulos ſaeuitia adhibenda eſt, ſi aliter teneri non poſſunt. Cic. Offic. l. 2. [moved in the edition]

2. If there be a maſter and miſtreſſe ioynt gouernours ouer an houſe, it is fitteſt for the maſter to correct men-ſeruants, the miſtreſſe maids.⁵³³ Abraham put his maid ouer to Sarah in ſuch a caſe. Yet if a maid ſhould wax ſtout, and manniſh, and turne againſt her miſtreſſe, ſhe being weake, ſickly, with child, or otherwiſe vnable to maſter her maid, the maſter may and muſt beat downe her ſtoutneſſe and rebellion:⁵³⁴ ſo much did the law of God permit.

1. 533. Seruam verberare viro maximae ignominiae eſt. Chryſ. hom. 26. in 1 Cor. 11.
2. 534. Exo. 21. 20.

3. If ſeruants be of an ingenious diſpoſition, willing and forward to doe that which belongeth vnto them, ſorry when they haue committed a fault, and carefull to amend their faults, many things may be paſſed ouer in them, which muſt be corrected in others. To this may be applied the counſell of the wiſeman, Take no heed to all the words that are⁵³⁵ ſpoken.

1. 535. Eccl. 7. 21.

4. Correction muſt be meaſured according to the greatneſſe⁵³⁶ of the fault puniſhed, and the circumſtances whereby the fault may iuſtly be aggrauated. The ſeruant that knew his maſters will and did it not ſhall be beaten with many ſtripes: But he that knew not and did commit things worthy of ſtripes, ſhall be beaten with few ſtripes, Luk. 12. 47, 48.

1. 536. —Adſit Regula peccat is quae poenas irroget aequas: Nec ſcutica dignum horribili ſectere flagello. Horat. l. 1. Sat. 3.

Many aberrations are daily committed contrary to euery branch of this direction, in that maſters and miſtreſſes in exerciſing this part of their power are carried away with paſſion, and doe that which they doe in this kinde after their owne pleaſure. Thus they turne a dutie into ſinne, and by vndue correcting of their ſeruants prouoke God to correct them in his wrath, either here or in the world to come.

The third point to be noted concerning a maſters power ouer his ſeruant, is about his ſeruants mariage. Sundry queſtions p. 663 are moued about this point, which I will briefly reſolue.

Anſw. No, not without the free conſent of the ſeruants themſelues: for mariages muſt be made with the free conſent of the parties that are maried.

Obiect. The law implieth that a maſter hath power to giue⁵³⁷ his ſeruant a wife, for it ſheweth whoſe thoſe children ſhall be that are borne to that ſeruant, to whom a maſter hath giuen a wife.

1. 537. Exo. 21. 4.

Anſw. 1. That law is to be vnderſtood of ſuch ſeruants as being ſtrangers were bond-ſlaues, ouer whom maſters had a more abſolute power then ouer others.

2. The maſters power of giuing did not ſimply force the ſeruant to marie the party ſo giuen: but reſtrained the ſeruant from marying any other then whom the maſter ſhould giue.

Anſw. No. See the reaſon Treat. 5. §. 20.

Anſw. Yea, for the time that the ſeruant hath couenanted to be a ſeruant with his maſter. For that time a ſeruant is part of his maſters goods, and poſſeſſions. As bond ſeruants were a maſters poſſeſſion for euer: ſo couenanted ſeruants are his poſſeſſion for the time of their couenant. When God gaue the deuill leaue to ſeize on all that Iob had, by vertue of that⁵³⁸ permiſſion he ſeized on all kindes of Iobs ſeruants bond and free, as well as on his goods: which he could not haue done, if Iobs ſeruants had not beene as his goods.

1. 538. Iob 1. 15, 16. [moved in the edition]

Yet notwithſtanding if ſeruants ſhall make it knowne to their maſter, that neceſſity requireth they ſhould marie, ſuch reſpect ought to be had to the chaſtity euen of ſeruants, as in this caſe I may vſe the phraſe with the Apoſtle vſeth in reference to children, Let them be maried.⁵³⁹

1. 539. 1 Cor. 7. 36.

Anſw. No. The mariage being otherwiſe rightly performed,⁵⁴⁰ remaineth a firme mariage: though the ſeruants in p. 664 ſo doing haue ſinned: for which their maſter may iuſtly puniſh them.

1. 540. Quod fieri non debet factum valet.

Anſw. He may exact the whole time of his couenant for ſeruice: but that power which by the bond of mariage huſbands and wiues haue ouer one anothers bodies, ſuffereth⁵⁴¹ them not to be altogether ſeparated one from another. Beſides, our law freeth a maid-ſeruant when ſhe is maried, from her maſters couenant.

1. 541. 1 Cor. 7. 3, 4.

Contrary to a maſters power doe they, who force their ſeruants to marie whom they like not: as when a maſter hath defloured his maid, to couer his ſhame he will make one of his ſeruants marie her.

They alſo doe contrary to their power who ſeeke to ſeparat their ſeruants that are maried from their bed-fellow: ſome will keepe the man at his houſe day and night from his wife, and ſo the wife from her husband: others will ſend one of them into remote parts of the land, where the other ſhall not know: yea others will be ſure to keepe them one from another, for they will ſend one of them beyond ſea for many yeares together, if not for euer. Theſe practiſes are againſt the law of mariage, and too rigorous and vniuſt.

The fourth point to be noted of a maſters power ouer his ſeruants reſpecteth their perſons, which ſo properly belong to a maſter for the time of their ſeruice, as he may not only keepe them himſelfe for his owne ſeruice, but alſo paſſe them ouer, and giue, or ſell them to another. By Gods law not only⁵⁴² ſtrangers, but Iewes alſo might be ſold for ſeruants.

1. 542. Leu. 25. 39, 44.

The cuſtomes and ſtatutes of our land doe alſo permit maſters⁵⁴³ to make ouer their ſeruants from one to one: and on their death-beds to bequeath them to whom they will, euen as their goods and poſſeſſions.

1. 543. Maſters care in putting off ſeruants.

That this power be not abuſed, in the executing thereof, p. 665 maſters muſt principally reſpect the good of their ſeruants: and for that end put them ouer to fit maſters, ſuch maſters as may doe them good and not euill, all the time of their abode with them, and ſeruice vnder them.

Contrary hereunto doe they, who aime meerely at their owne aduantage, not caring to whom they put ouer their ſeruants, ſo they may make gaine thereby. Some will ſell them, namely, when they haue them beyond ſea, to Turks and Infidels; ſome to Papiſts, and other Idolaters; ſome to profane perſons; ſome to cruell inhumane beaſts; ſome to men of vnlawfull trades; ſome to men of no trades. Such maſters as make their ſeruants ouer to ſuch as theſe are, or like to theſe, ſhall anſwer for all the wrong is done to them.

This Apoſtle in⁵⁴⁴ another place giueth this charge to maſters, Giue vnto your ſeruants that which is iuſt and equall.

1. 544. Coloſſ. 4. 1. τὸ δίκαιον καὶ τὴν ἰσότητα.

By doing theſe two things maſters ſhall well manage their authoritie.

Iuſtice reſpecteth the place, and ſeruice of ſeruants.⁵⁴⁵

1. 545. Difference betwixt iuſt and equall dealing.

Equitie reſpecteth their minde, and manner of doing ſeruice.

All ſeruants, in that they are ſeruants, and doe their maſters worke, muſt haue that which of right belongeth to ſeruants. This is Iuſtice.

Such ſeruants as beare an eſpeciall loue and liking to their maſters, doing ſeruice not by conſtraint, or with eye-ſeruice, as men-pleaſers, but in ſingleneſſe of heart with good will, and all good faithfulneſſe, ſeeking to the vttermoſt of their power, their maſters good, muſt be accordingly reſpected and dealt withall. This is Equitie. As the Apoſtle compriſeth Iuſtice vnder this phraſe (doe the ſame things) for ſeruice giue due recompence: ſo more eſpecially he compriſeth Equitie vnder it: for ſeruants good will and more then vſuall reſpect of their maſters, let maſters returne good will, and more then ordinarie reſpect to ſeruants. S. Peter noteth theſe two vertues vnder two other words, good,⁵⁴⁶ gentle: A maſters goodneſſe hath relation to Iuſtice: his gentleneſſe to Equitie.

1. 546. 1 Pet. 2. 18.