§. 17. Of maſters power ouer their ſeruants in and about their mariage. to §. 22. Of maſters neglecting to edifie their ſeruants.
§. 17. Of maſters power ouer their ſeruants in and about their mariage. to §. 22. Of maſters neglecting to edifie their ſeruants.
§. 17. Of maſters power ouer their ſeruants in and about their mariage.
The third point to be noted concerning a maſters power ouer his ſeruant, is about his ſeruants mariage. Sundry queſtions
are moued about this point, which I will briefly reſolue.
1. Queſt. Haue maſters power to order and diſpoſe their ſeruants mariage as they pleaſe?
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 giue 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.
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.
3. Queſt. May a maſter denie his ſeruant liberty to marie?
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 that 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.
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.
4. Queſt. What if ſeruants marie without conſent of maſters, is that mariage nullified thereby?
Anſw. No. The mariage being otherwiſe rightly performed, remaineth a firme mariage: though the ſeruants in
ſo doing haue ſinned: for which their maſter may iuſtly puniſh them.
5. Queſt. May a maſter keepe his ſeruants ſo maried without his conſent from their bed-fellowes?
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, ſuffereth them not to be altogether ſeparated one from another. Beſides, our law freeth a maid-ſeruant when ſhe is maried, from her maſters couenant.
§. 18. Of maſters rigour in forcing mariages on ſeruants: or in ſeparating man and wife.
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.
§. 19. Of maſters power to diſpoſe their ſeruants perſons.
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 only ſtrangers, but Iewes alſo might be ſold for ſeruants.
The cuſtomes and ſtatutes of our land doe alſo permit maſters 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.
That this power be not abuſed, in the executing thereof,
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.
§. 20. Of maſters well managing their authoritie.
This Apoſtle in another place giueth this charge to maſters, Giue vnto your ſeruants that which is iuſt and equall.
By doing theſe two things maſters ſhall well manage their authoritie.
Iuſtice reſpecteth the place, and ſeruice of ſeruants.
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,
gentle: A maſters goodneſſe hath relation to Iuſtice: his gentleneſſe to Equitie.
§. 21. Of maſters endeuouring the ſaluation of their ſeruants.
That Iuſtice which is required of maſters reſpecteth the ſoule, bodie, and eſtate of their ſeruants.
In reſpect of their ſoules good, maſters muſt ſeeke the ſpirituall edification of their ſeruants. When Zacheus firſt beleeued, Chriſt ſaid, Saluation is come to this houſe (Luk. 19. 9.) why to this houſe, rather then to this perſon, but becauſe he knew that Zacheus would doe the dutie of a good maſter, and ſeeke the ſaluation of his houſhold? Herein muſt maſters beare an impartiall reſpect to all in their houſe: as the holy Fathers, who though about temporall goods they put difference betwixt the place of children, and condition of ſeruants; yet in ſeruing God, wherein eternall happineſſe is looked for, they did with an equall reſpect prouide for all the members of their houſe. The proofes alleadged for ſeruants obedience to maſters care in this point, doe ſhew that this dutie appertaineth to maſters. See Treat. 7. §. 15.
The reſpect which maſters owe to God, themſelues, their ſeruants, the Church, and Common-wealth where they liue, requireth as much.
1. God hath commanded as much (Deut. 6. 7.) as this charge implieth, Thou ſhalt talke of my Lawes when thou ſittest in thine houſe: and God hath manifeſted his approbation thereof, by commending Abraham for commanding his children and houſehold to keepe the way of the Lord, Gen. 18. 19.
2. Maſters themſelues reape great benefit by a faithfull diſcharge of this dutie: and that both by diſcharging a good conſcience to God, (who requireth this at their hands, in that he hath made them prophets and prieſts in their houſe, as well as kings; and will require an account of them for all that are vnder their gouernment:) and alſo by bringing their ſeruants to doe more faithfull ſeruice to them. For there is no ſuch meanes to ſtirre vp ſeruants to doe all good dutie, as the feare of God planted in their hearts. That ſeruant that ſhall finde true grace either firſt wrought, or further increaſed in him by his maſtersmeanes, will thinke him ſelfe ſo beholding to ſuch a maſter, as he ſhall neuer be able to make any ſufficient recompence, & therefore will endeuour to do what good ſeruice he can in way of thankfulnes: he will not only be faithfull & diligent in his buſineſſe, but he will call vpon God
to proſper his ſeruice for his maſters good, and to recompence that kindneſſe which his maſter hath done to him.
3. No earthly thing that a maſter can doe for his ſeruant (be it portion of money, preferment to any place of profit or credit, or skill in a good trade and calling) can be comparable to the edifying of a ſeruant in grace.
4. Seruants well inſtructed in pietie are likelieſt to proue moſt profitable not only to the familie, but alſo to the Church and Common-wealth where they liue.
That maſters may the better edifie their ſeruants,
1. They muſt daily inſtruct them in the principles of religion, and all duties of pietie: admirable is the profit which will ariſe from a daily and conſtant vſe of religious exerciſes: though but a little time be ſpent at once, yet will much knowledge be gained by a frequent vſe of them. This dutie is ſo much the more neceſſarie, becauſe publike Miniſters cannot take ſuch particular notice of euery ſeruant in their Pariſhes, as maſters may in their families.
2. Maſters muſt cauſe their ſeruants to goe to the publike miniſterie of the word, and worſhip of God, to be further built vp thereby, and confirmed in their faith. Maſters vnder the Law were commanded to let their ſeruants eat of the Paſſeouer, which was a ſolemne ſacrament. The Law which enioyneth all males to appeare on the ſolemne feaſt dayes before the Lord, implieth that ſeruants alſo ſhould goe. This dutie muſt eſpecially be performed on the Lords day: for the charge giuen to maſters in the fourth commandement for ſanctifying that day, is extended to ſeruants in theſe words, Thou, nor thy man-ſeruant, nor thy maid-ſeruant.
3. Maſters, beſide inſtructing ſeruants at home, and cauſing them to goe to Church, muſt take an account of their profiting, both by the publike, and alſo by the priuate meanes of edification. Otherwiſe they ſhall not know how to order their manner of inſtructing them: when to giue them milke, & when ſtrong meat.
4. To make the meanes more effectuall and profitable, they muſt to inſtruction adde prayer. Meanes, without Gods bleſſing vpon the meanes, are nothing. As they obſerue any grace wrought in their ſeruants, they muſt be thankfull vnto God for the ſame, and pray for the increaſe of it.
§. 22. Of maſters neglecting to edifie their ſeruants.
Contrary is the minde and practiſe of moſt maſters: they thinke if they allow their ſeruants ſufficient diet, lodging, and clothing, or wages according to their couenant, they haue done all that they need to doe: and anſwerably they doe no more: wherein they ſhew themſelues no better then the heathen. For doe not the heathen ſo?
Source and provenance
Citation: William Gouge, Of Domesticall Duties (1622), EEBO-TCP A68107, section 69.
Original work: public-domain historical work; EEBO-TCP Phase I keyboarded text released under CC0 1.0
Digital source: EEBO-TCP / Text Creation Partnership
Edition status: Needs verification
Proof texts: Proof texts not attached
Scripture refs: LUK.19.9, DEU.6.7, GEN.18.19
Source provider: EEBO-TCP / Text Creation Partnership
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