Section — Bucceroni, Commentaries (1910)
X. On the Obligations of Masters and Servants
- What is the nature and origin of servitude? - "Then someone has dominion over another as over a slave, when he refers him over whom he has dominion to his own utility, namely to the utility of the one having dominion." St. Thomas, 1 p., q. 96, a. 4. Therefore servitude properly pertains to dominion of property, not over the person, which is not a thing and cannot be appraised by price, but over works, which can be appraised by price and consequently sold and hired. Servitude is perfect if someone owes another all his works; imperfect, if he does not owe all, or not perpetually, or only under certain conditions.
- Servitude, or the dominion of servitude, is a certain natural consequence of the condition of human life after original sin. Cf. St. Thomas, in Arist. Polit., p. 1, lect. 3. For in the state of innocence there would not indeed have been dominion of servitude, but only of governance and direction. St. Thomas, 1 p., q. 96, a. 4.
- Absolute servitude of a man, so that a man would be fully in the dominion of property of another man as regards all his works and as regards life itself, is altogether repugnant to natural law. For no man is master of his own life, and no private man can at his pleasure dispose of the life of another man. Besides, the rights of man are altogether inalienable; and thus, for example, any man has from nature itself the strictest duty and consequently right of tending to his ultimate end by those means which God himself has constituted.
- But perfect servitude of works only is indeed not consonant with human dignity and the cultivated development of civil society. And thus the Church always labored that this perfect servitude might be abolished among nations. In many places it has already been abolished; but outside Europe it still remains. Yet if just titles are present, and the inalienable duties and rights of man remain preserved, it is not prohibited by natural law. Otherwise even simple service would be prohibited by the same natural law. As service is not opposed to the essential equality of men and to personal dignity, so neither is perfect servitude, by which someone furnishes all his free works for the utility of another.
- But this servitude can justly be induced by the free will of the slave himself, who can freely dispose of his works for a definite or indefinite time, or for his whole life, for their lawful use, in favor of another and for his utility. It can also justly be induced through a just condemnation to such a penalty. And if a certain whole city, having been subjected in a just war, has been condemned to this penalty, then, as is clear, the same penalty would consequently be extended to born children, as to parts of the same community. Indeed, neither does injustice against natural law appear if servitude, as formerly occurred, is induced by the title of birth. For, if the master is he who sustains the slave and his offspring, it is equitable that some compensation be granted to him, to be given surely by the offspring itself, since it cannot be given by the parents; for all their labors pertain to the master. Hence at least, with civil law intervening for the good of the offspring itself, the title of birth can be made honorable for inducing servitude. Cf. Molina, de Iust. et Iure, tr. 2, disp. 120, 121; Lugo, de Iust. et Iure, d. 6, s. 2.
- What does a slave owe to the master? - "Regularly, when servitude is just, and the slave is justly and legitimately possessed by the master, and is sustained according to the prescription of equity, all gains and emoluments proceeding from the slave's own labors and industry are acquired for the master; and therefore a slave who attributes the same gains and emoluments to himself, and disposes of them with the master ignorant and reasonably unwilling, is guilty of theft." S. O., June 20, 1866, Coll. S. C. de P. F., v. 1, n. 1293. But as regards other labors, those which he acquires by the liberality of another are his, because he acquires them as a man. Likewise he lawfully contracts marriage, even with the master unwilling, because it is a natural right of all. C. 1, de Coniuge servor.
- Is the commerce in Black persons lawful? - "It is not lawful to capture by force or fraud Black persons and other forest-dwellers, hostile to no one, and, when they have been so captured, to buy, sell, or make other contracts concerning them. Their possessors are bound to compensate their damages and to manumit them. Nor indeed is it lawful for possessors of Black persons and other slaves, by private authority, to kill, burn, wound, treat cruelly, or expose them to danger of death; and they are bound to impede them from living in concubinage. But they can retain them in servitude, even after baptism, if they do not retain them unjustly." S. O., March 20, 1686, Coll. S. C. de P. F., v. 1, n. 230; Gregory XIV, Dec. 3, 1839, Coll. cit., n. 891. Christians cannot buy either fugitives or those unjustly reduced into servitude, unless these freely consent to be sold. S. O., Sept. 12, 1776, Coll. cit., n. 515. Those who are in legitimate servitude can be given, exchanged, or sold by their masters, unless they are sold to those by whom they would be treated inhumanely, or, if baptized, exposed to danger of the faith. S. O., Apr. 29, 1840, Coll. cit., n. 900. They themselves cannot flee, unless perhaps they are solicited by the master to some sin, or treated inhumanely. S. O., June 20, 1866, Coll. cit., n. 1293.
- What is the distinction of slaves and servants? - Servants are distinguished from slaves. Slaves are those who by the law of nations and civil law, contrary to natural liberty, are subjected to another master, so that they can be possessed, alienated, and sold after the manner of patrimony. Schmalz., l. 4, t. 9, n. 1 seqq. "The appellation of slaves flowed from this, that our commanders were accustomed to sell captives, and by this to preserve them and not kill them." L. 239, de Verb. sign. But servants are not slaves, but free persons, who freely enter a contract of service, hiring their works for a definite or indefinite time into the service of a master and his family. Hence servants are of the family, and therefore are also called familiars or domestics. Servants are under the governance of the master, and masters have rights and obligations toward servants. But although those are not properly understood as servants and of the family who furnish offices of service for only one or another hour in the day, yet they are understood sufficiently as familiars who through the whole day have a stable seat in the master's house and serve him, but who by night sleep in their own house. - St. Thomas, 2.2, q. 102, a. 3.
Therefore servants are also distinguished from workers. For the latter hire their works to some master for a definite time and labor, but they are not received into his house and family, nor are they properly and per se subject to his governance.
- Whether and whence is there a society between master and servant? - If only the contract of works between servant and master is inspected, no society is had between them. But if it is inspected that the servant lives by day and night in the house of the master, and is adopted as a part of the family, then surely a society is now had, since there is now had a certain common good for the utility of individuals.
No human society can consist without some authority, and therefore subjection correlative to it is required by nature itself. "Because the conjunction," says Suarez, de Legib. l. 3, c. 1, n. 44, "of man and woman is natural, therefore in it there is found a head, which is the man.... Similarly in the other conjunction of parents and children the father has by nature power over the son. And in the third, which is of slaves to a master, it is also clear that the power of governing is with the master, as Paul teaches, Tit. 2, Eph. 6, Col. 3, saying that slaves ought to obey their masters as God. For although the conjunction of servitude is not altogether from nature, but through human will, nevertheless, that being supposed, subordination and subjection are owed by the law of nature under the title of justice. But the subjection of children also has the natural bond and foundation itself, namely natural origin, whence it is also more perfect from the title of piety."
From the contract of works there is born an obligation of commutative justice, for the servant to furnish his works to the master, and for the master to pay the stipulated wage. But from the fact that the servant is adopted into a part of the master's family, the master has the right and office also of ruling and governing the servant unto the common good of the family, and the obligation of observance and obedience rests upon the servant in those things which pertain to the domestic order. And thus St. Thomas, 2.2, q. 65, a. 2, not from some pact or from commutative justice, but from the order of society, although imperfect, recognizes in the master, besides dominion of property over the works of the servant, dominion of jurisdiction extending to the person even to moderate correction of him.
- What are the obligations of masters? - Masters are bound to: 1. Treat their servants benignly, that is, by addressing and commanding them decently and humanely, and by furnishing good and sufficient food, by not burdening them with excessive works, by not exposing them without due precautions to harmful and dangerous works, and by caring conveniently for the sick. And generally they are bound to fulfill the offices of charity of neighbor toward their own servants more than toward others, because servants labor for them and, as it were, live for them, and are of the family. This is clear from natural law and from Sirach 33:31: If you have a faithful servant, let him be to you as your own soul; treat him as a brother. Eph. 6:9: And you, masters, do the same things to them (the slaves), forbearing threats, knowing that both their Lord and yours is in heaven, and there is no respect of persons with him. - 2. To govern conveniently, by having due account of the goods of religion and salvation; to instruct and correct conveniently: for the master is the head of the servant, as of the whole family; but it belongs to the head to direct where there is need. It also seems clear from the words of Paul, 1 Tim. 5:8: But if anyone does not have care of his own, and especially of his domestics, he has denied the faith and is worse than an unbeliever. But servants are reckoned among domestics. Elbel, n. 950. - 3. To pay a just price: for the matter concerns an obligation of justice and natural equity; and defrauding such a wage is numbered among sins crying to heaven. 1 Tim. 5:18; 1 Reg. 30:13; L. 342; St. Thomas, 2.2, q. 102, a. 3.
Almost the same are the obligations of other masters toward workers who labor in their factories and workshops.
You will resolve: Masters can sin, and indeed also gravely: If they do not grant servants time to learn the rudiments of the Christian faith, or do not send them to catechism and sermon; if they do not see to it that at the due time they assist at Mass, confess, and communicate. - If they hire, or retain in the house, servants addicted to illicit sects, irreligious, impious, blaspheming, speaking shameful things; if they do not admonish and correct those sinning gravely, or do not dismiss those unwilling to promise amendment, unless perhaps they greatly need them and cannot find others. - If they do not watch, as far as lies in them, that slaves abstain from sins; if they permit them an occasion of sinning; if by depraved example or solicitations they induce or entice them into sin. - If they do not pay the promised or just stipend, or delay it too much; if they do not care for sick servants and immediately expel them, or dismiss them before the fixed time without a just cause. - Catholic Epistle of Blessed James 5:4; C. B. 618; L. 342.
For understanding the gravity of the sin as regards the aforesaid admonition, correction, and vigilance omitted, and the scandal that followed, it is often necessary to disclose the condition of master. For as regards outsiders, grave fault is often absent.
- What are the obligations of servants? - Servants are bound to furnish to masters: 1. Reverence; for thus the Apostle, 1 Tim. 6: Let slaves deem their masters worthy of all honor. Consequently they can sin even gravely who ridicule masters, despise them, or manifest their hidden defects. - 2. Obsequium and obedience in all those things to which they have obligated themselves by force of contract and by force of positive laws, Austrian Code 1172, German Code 616, 617, and in those things which look to good morals; for by force of service there arises a relation of superiority and subjection between master and servant. Therefore if the right of governance belongs to the master, the obligation of obeying corresponds to the servant. Thus Eph. 6:3: Slaves, obey your carnal masters with fear and trembling in the simplicity of your heart, as Christ. And 1 Pet. 2:18: Slaves, be subject in all fear to masters, not only to the good and modest, but also to the difficult. Hence those sin more or less by reason of the matter who, when something is commanded them, murmur, answer insolently, waste time uselessly, neglect to carry out the commanded labor, or labor for themselves with damage to the master; and, in one word, all those who do not furnish such obsequium as ordinarily is accustomed to be required and furnished by such persons. - 3. Fidelity; according to the words of Paul to Titus 2:9: Slaves are to be subject to their masters..., not defrauding, but showing good fidelity in all things. Hence they sin, and often gravely against justice, who do not have care of things entrusted to them, who by their own fault allow them to become worse, who steal expensive victuals, or those not usually given to them, whether for eating, or for giving or selling to outsiders, who manifest the secrets of the family, especially if damage follows from this. - Leo XIII, Enc. Quod Apostolici, Dec. 28, 1878; St. Thomas, 2.2, q. 102, a. 3.
For understanding the gravity of the sin by reason of irreverence and disobedience against observance and dulia, and of infidelity against justice, the condition of service must be manifested in confession. Otherwise the grave malice which is present either is not declared, or is not sufficiently expressed in its lowest species.
Almost the same are the obligations of workers toward their own patrons.
- Note: "Wage is owed to servants sick for a brief time, for example for a few days, because the time of the year for which they are hired must be taken morally, or a short time lacking must not be attended to; for a small time in respect of the whole year must be accounted as nothing. But it is otherwise if the servant is sick for several months, because wage is by no means owed for an office not furnished. L. 346. Nor is the master bound to expenses to be made for care, or for remedies and the work of a physician. On this all agree, if the expenses are notable; indeed St. Liguori, n. 864, after Lugo, also admits this at least as probable if the expenses are light. - But no wage is owed to workers, even those sick for a brief time, because these are hired by the day..., therefore they are to be compensated only for individual days, indeed for half a day, if they fail for half." Gury, Cas. 972. - C. B. 616, 617.
The master cannot dismiss a servant before the established time without a grave cause. The reason is that the contract of hiring is truly onerous, obliging each party according to the measure of the matter. Therefore, just as the servant cannot desert the master without grave cause, if the latter, by defect of the servant, would have to suffer grave damage, so likewise neither can the master cast off a servant hired for a year without grave cause. A master dismissing a servant before the time without sufficient cause is bound to repair the damage arising therefrom. But if the servant departs before the established time, per se he has a right to salary almost pro rata for the time of service, yet a little less; but if the master suffers grave detriment from the departure of the servant, he can retain a proportionate part of the stipend. - L. 342, 345; C. H. 1584; C. B. 620 seqq.
Servants can rightly receive salary from a master burdened with debts, if they have furnished service in good faith. For it is the just wage of labor, and the master gives his own thing. "But whether they are bound to depart, if they notice that the master is rendered unable by such service to satisfy his debts? Navarr., etc., affirm. Molina, however, denies, and not improbably, says Laymann. For they do not sin against justice if, having been asked by the master, they serve and receive wage; nor against charity, if others will not be lacking for service." L. l. 3, n. 694. And this most of all if the master needs the servant.
- Are servants bound to restitution when culpably they do not prevent damages which are brought upon the master? - Either servants are hired for guarding the family property, and for watching over and preventing any damage from being brought upon it, such as administrators, guards, etc., who are usually called by this name rather than by the name servant; or they are hired for merely furnishing their labor and work in things necessary to the family, who commonly are properly called servants. - In the first case they are bound to restitution and compensation of damages. For they are bound to prevent the damage of the masters from office and contract, and therefore from strict commutative justice.
In the other case, some say that even servants are bound to compensation of damages, whether those are brought in by outsiders or by other servants. Their reason is that, by force of service itself, the master commits his things into custody to each servant. Others more commonly and more probably say that they are bound if theft and damage are committed by outsiders; they are not bound if it is committed by other servants or domestics. The reason is that from the very fact that they are admitted into the family they are indeed judged to undertake the obligation of defending it against outsiders, but by no means also against other familiars. Finally, others say that servants are not bound to restitution or compensation of damage. For although they are obligated from charity to prevent that damage, nevertheless they are not obligated from justice. For they are hired indeed to furnish their labor and work in things necessary to the family, but by no means also to guard and defend the goods of the family. Special servants and administrators are placed over custody and vigilance over domestic things or the family, and especially over the care and custody of stores; and to these the keys to the things to be guarded are handed over. Therefore servants are bound to restitution or compensation of damage only when that care and custody of the family property has been committed to them by a special office, either explicitly or implicitly, for example when a key is given to them for drawing something from some place, because for that time the custody of that place is entrusted to them. - This variety of opinions standing, the confessor ought prudently to abstain from urging the obligation of restitution. - Lugo, d. 19, n. 106; L. l. 3, n. 344, 573.
- Can servants, judging that the salary is below the work furnished by them, use occult compensation? - R. Affirmatively, if the masters do not pay the stipend established by convention, or diminish it. For then they openly injure commutative justice. Ithur., Cas. 1, n. 2. - R. Negatively, at least generally speaking, outside the aforesaid case. It is proved: 1. from proposition 37 condemned by Innocent XI. 2. For although they agreed about a lesser price, nevertheless the contract, as just in conscience, must be stood by. At least generally speaking, because many except: 1. If the servant is compelled by force or fear to consent to an unequal price. 2. If, compelled by necessity, he consented to it, provided, however, that the master otherwise would not already justly have found other servants at the same cheap price, or that he did not admit this petitioner from mercy. Indeed, if a servant, with no wage established, serves from the master's mere charity, so that he may be nourished by him, he can claim nothing, "as happens with boys whom nobles or Bishops are asked to admit into their family; for then it suffices if the masters furnish them food, clothing, and dwelling, since such is the custom." L. 348. 3. If unwillingly he is burdened with undue works. 4. If he increases his works from the will of the master, either express or tacit; for the worker is worthy of his wage; but it is otherwise if altogether spontaneously he himself increases his works, because then he is judged to donate the works in order to conciliate to himself the master's favor. L. 342, 348, 502.
- Note: What has been said of servants must be said likewise of other workers and of merchants. - What is just compensation can be left even to the judgment of the servant, if he is prudent and of timorous conscience. But in practice the matter is often not without danger of hallucination. - The danger is also practically to be forestalled, lest if he is detected to have stolen the master's money, he be dragged about as a thief and condemned to prison. - L. 524.