MASTER - The Law Mind Legal Dictionary

MASTERAuthored

The Law Mind • 1509 words

Definition

MASTER carries three distinct legal meanings, each operating in its own doctrinal context:

JUDICIAL OFFICER (SPECIAL MASTER): A person appointed by a court — most commonly a court of equity or a federal district court — to assist in managing litigation or carrying out judicial functions. A special master may be appointed to oversee discovery, supervise compliance with orders, conduct hearings, compute damages, manage complex accounting, or administer receiverships. The master reports findings and recommendations to the appointing court, which retains ultimate authority. In federal practice, the role is governed by Rule 53 of the Federal Rules of Civil Procedure.

EMPLOYER IN THE MASTER-SERVANT RELATIONSHIP: The party in an employment relationship who directs, controls, and has authority over the work of another. The master-servant relationship — now largely replaced in modern legal vocabulary by "employer-employee" — was the foundational common-law framework for determining liability for the acts of workers and for defining the rights and duties between employers and those who performed labor for them. The defining characteristic is the master's right to control not just the result of the work but the manner in which it is performed, which distinguishes a master from a principal who hires an independent contractor.

PERSON WITH AUTHORITY OVER AN APPRENTICE OR DOMESTIC SERVANT: In older legal usage, the person to whom an apprentice was indentured, or who employed domestic servants. This sense governed rights, duties, and discipline within the household or trade, and was the subject of specific statutory and common-law rules regarding treatment, wages, and the terms of indenture.

Common Language

Modern common usage (Wiktionary): A vessel having a specified number of masts (used in compounds, e.g., "three-master").

Historical common usage (Webster's 1913): A vessel having (so many) masts; used only in compounds.

The nautical compound form is unrelated to any of the legal senses. Researchers encountering "master" in legal sources should not confuse the common compound noun with any of the three legal meanings above. Separately, ordinary language does use "master" to mean a person with control or authority over another — and that sense does carry directly into the legal meaning — but the legal definition adds technical precision, particularly around the control test and liability rules, that ordinary usage does not capture.

Common Confusion

MASTER vs. PRINCIPAL: In agency law, a principal directs what result an agent achieves; a master controls how the servant performs the work. The distinction matters for tort liability — a master is vicariously liable for a servant's torts committed within the scope of employment, while a principal generally is not liable for an independent contractor's torts. The terms are not interchangeable, though historical sources sometimes use them loosely.

SPECIAL MASTER vs. REFEREE vs. MAGISTRATE JUDGE: These are distinct roles that perform overlapping functions. A special master is appointed for a specific task or case; a magistrate judge (in federal practice) is a permanent judicial officer with broad standing authority. A referee was the common-law predecessor to the special master in many equity courts. Historical sources frequently use "master," "master in chancery," "referee," and "auditor" interchangeably — researchers must identify which role is meant from context.

Core Elements

For the master-servant relationship, courts applied a consistent analytical framework:

1. CONTROL TEST: The master must have the right to control not just the outcome of the work but the means and method by which it is performed. This is the critical element distinguishing a servant from an independent contractor.

2. PERSONAL SERVICE: The servant performs labor personally, not through substitutes of their own choosing.

3. COMPENSATION: Service is rendered for pay or other valuable consideration.

4. AGREED PERIOD: The relationship is defined by an express or implied term or duration.

The relationship's significance lies primarily in vicarious liability: under the doctrine of respondeat superior, a master is liable for the torts of a servant committed within the scope of employment.

Recognized Forms

/SUBTYPES

MASTER IN CHANCERY: The most historically significant judicial subtype. An officer of a court of equity who heard evidence, examined accounts, and reported findings to the chancellor. The office was abolished in England in the mid-nineteenth century and was progressively replaced in American practice by referees and, later, special masters.

SPECIAL MASTER: The modern federal designation under Rule 53. May be appointed as of right in limited circumstances (e.g., post-trial proceedings requiring accounting) or by court order with party consent or for compelling reasons. The special master's authority, compensation, and reporting obligations are defined by the appointing order.

MASTER OF A VESSEL: A distinct legal meaning — the captain or person in command of a merchant ship. Carries specific rights and duties under admiralty law, including authority over cargo, crew, and navigation. Entirely separate from the employment and judicial senses.

Why It Matters in Research

The term "master" is a significant trap in historical legal sources because it operated simultaneously across three different legal regimes — employment law, equity procedure, and admiralty — with minimal terminological disambiguation. Pre-twentieth-century cases and treatises rarely specify which sense they intend; context and the court of origin are the researcher's primary guides.

In corpus research, the master-servant relationship saturates nineteenth-century cases. Researchers searching for employment liability doctrine will encounter this term far more frequently than "employer-employee," which only became dominant in the twentieth century. The shift in terminology also tracks a substantive legal shift: the modern employer-employee framework incorporates statutory protections, workers' compensation schemes, and anti-discrimination law that the old master-servant relationship did not contemplate.

For procedural research, the master in chancery is a crucial figure in equity practice before the merger of law and equity courts. Reports of masters in chancery are sometimes primary sources for factual findings in equity cases and may appear in case records as exhibits or appendices rather than as separate documents. Researchers using Law Mind's equity and chancery materials should expect to encounter master's reports as a distinct document type.

The Rule 53 special master is a live and actively litigated procedural mechanism in complex federal cases, particularly in environmental, antitrust, and class action contexts. The encyclopedia entry civpro_119 directly addresses this modern practice.

Jurisdictional variation is significant in the judicial officer sense: state court systems developed their own equivalents (referees, auditors, commissioners) that may or may not map neatly onto the federal special master model. Researchers should not assume that a "master" in a state equity court had the same authority or procedure as a federal special master.

Historical Dictionary Support

The five source dictionaries present consistent core definitions but reveal meaningful gaps when read together.

Black's (1st and 2nd editions) and Burrill define "master" primarily as one who rules, directs, and superintends — emphasizing authority — and note application to judicial officers without extensive development. Black's 2nd edition adds the clearest formulation of the master-servant relationship, quoting Sweet's definition and centering it on personal labor for pay over an agreed period. This is the most analytically precise statement among the historical sources.

Anderson's is the most substantively organized, distinguishing the apprenticeship sense, the domestic/common laborer sense, and the court officer sense as separate numbered definitions. Anderson's framing of the court officer as "an assistant to a court of equity" is accurate and useful, though it understates the quasi-judicial character of the master in chancery's fact-finding role.

Burrill traces the term to the Latin magister and notes the superior-skill dimension — one having greater skill than others — which is relevant to the apprenticeship context but largely absent from the judicial and employment senses as they evolved.

Rapalje & Lawrence's surviving excerpt addresses military courts rather than the civilian master-servant or master-in-chancery doctrines, offering little directly useful content for most research purposes on this term.

What the historical dictionaries collectively underemphasize: the control test as the analytical core of the master-servant relationship, and the specific procedural rules governing masters in chancery and their reports. Researchers relying solely on these definitions for procedural questions will need to supplement with treatises on equity practice.

Jurisdictional Note

In England, the master in chancery was formally abolished by the Court of Chancery Act 1852. American states varied in their retention of the office; some replaced it with referees or commissioners, while others preserved variant forms well into the twentieth century. Federal practice standardized the role through successive versions of the Federal Rules of Civil Procedure, with Rule 53 undergoing significant revision in 2003 to expand and clarify the special master's modern role.

Encyclopedia Cross-Reference

civpro_119: Receivership and Appointment of Special Masters — Rule 53 (Law Mind Civil Procedure & Evidence Encyclopedia)

MASTERmain

Black's Law Dictionary • 1891

One having authority; one who rules, directs, instructs, or superintends; a head or chief; an instructor; an employer. Applied to several judicial officers. See infra.

MASTERmain

Black's Law Dictionary (2nd Ed.) • 1910

One having authority; one who rules, directs, instructs, or superintends; a head or chief; an instructor; an employer. Applied to several judicial officers. See infra. —Master and servant. The relation of master and servant exists where one person, for pay or other valuable consideration, enters into the service of another and devotes to him his personal labor for an agreed period. Sweet. —Master at common law. he title of officers of the English superior courts of common law appointed to record the proceedings of the court to which they belong; to superintend the issue of writs and the formal proceedings in an action; to receive and account for the fees charged on legal proceedings, and moneys Op into court. There are five to each court. hey are appointed under St. 7 Wm. IV. and 1 Vict. c. 30, passed in 1837. Mozley & Whitley.— Master in chancery. An officer of a court of chancery who acts as an assistant to the judge or chancellor. His office is to inquire into such matters as may be referred to him by the court, examine causes, take testimony, take accounts, compute damages, etc., reporting his findings to the court in such shape that a decree may be made; also to take oaths and affidavits and acknowledgments of deeds. ln modern prac tice, many of the functions of a master are performed by clerks, commissioners, auditors, and referees, and in some jurisdictions the office has been superseded. See Kimberly v. Arms, 1 U. §S. 312, 9 Sup. Ct. 355, 32 L. Ed. 764; Schuchardt v. People, 99 Il). 501, 39 Am. Rep. 34.—Master in lumacy. In English law. The masters in-lunacy are judicial officers appointed by the lord chancellor for the purpose of conducting inquiries into the state of mind of persons alleged to be lunatics. Such inquiries usually take place before a jury. 2 Steph. Comm. 511-513.—Master of a ship. In maritime law. The commander of a merchant vessel, who has the chief charge of her government and navigation and the command of the crew, as well as the general care and control of the vessel and cargo, as the representative and confidential agent of the owner. He is commonly called the “captain.”” See Martin v. Farnsworth, 33 N. Y. Super. Ct. 260; Hubbell v. Denison, 20 Wend. NS Y.) 181.—Master of the crown office. e king’s coroner and attorney in the criminal department of the court of king’s bench, who prosecutes at the relation of some private person or common informer, the crown being the nominal prosecutor. St. 6 & 7 Vict. c. 20; Wharton.—Master of the facule ties. In English law. An officer under the archbishop, who grants licenses and dispensations, etc —Master of the horse. In English law. The third great officer of the royal household, being next to the lord steward and lord chamberlain. He has the privilege of making use of any horses, footmen, or pages belonging to the royal stables.—Master of the mint. In English law. <An officer who receives bullion for coinage, and pays for it, and superintends everything belonging to the mint. He is usually called the “warden of the mint.” It is provided by St. 33 Vict. c. 10, § 14, that the chancellor of the exchequer for the time being shall be the master of the mint.—Master of the ordnance. In English law. <A great officer, to whose care all the royal ordnance and artillery were committed.—Master of the rellis. In English law. Anassistant judge of the court of chancery, who holds a separate court ranking next to that of the lord chancellor, and has the keeping of the rolls and grants which pass the erent seal, and the records of the chancery. e was originally appointed only for the superintendence of the writs and records appertaining to the common-law department of the court, and is still properly the chief of the masters in chancery. 3 Steph. Comm. 417. Under the act constituting the supreme court of judicature, the master of the rolls becomes a judge of the high court of justice and ez officio a member of the court of appeal. The same act, however, provides for the abolition of this office, under certain conditions, when the next vacancy occurs. See 36 & 37 Vict. c. 66, &§ 5. 31, 32.—Masters of the supreme court. In English law. Officials deriving their title from Jud. (Officers’) Act 1879, and being, or filling the places of, the sixteen masters of the common-law courts, the queen’s coroner and attorney, the master of the crown office, the two record and writ clerks, and the three associates. Wharton—Master of the Temple. The chief ecclesiastical functionary of the Temple Church.—Master’s report. The formal report or statement made by a master in chancery of his decision on any question referred to him, or of any facts or action he has been directed to ascertain or take.—Special master. A master in chancery appointed to act as the representative of the court in some particular act or transaction, as, to make a sale of property under a decree. Guaranty Trust, etc., Co. v. Delta & Pine Land Co., 104 Fed. 5, 43 C. C. A. 396; Pewabic Min. Co. v. Mason, 145 U. S. 349, 12 Sup. Ct. 887, 36 L. Ed. 732. —Taxing masters. Officers of the English supreme court. who examine and allow or disallow items in bills of costs.

MASTERmain

Rapalje & Lawrence • 1883

(801) which there are special courts military or courts naval provided. Yet so jealous of these jurisdictions was the common law of England that they had continuance for one year only, being annually reconstituted by the Mutiny and Marine Mutiny Acts, which were passed at the beginning of each session of parliament; and in the Army Discipline Act Commencement Act, 1879, (42 and 43 Vict. c. 32,) for putting in force the Army Discipline Act, 1879, (42) and 43 Vict. c. 33,) the like constitutional principle is preserved, a short commencement act being rendered necessary in every year. 42 and 43 Vict. c. 33, § 2. MARTIAL LAW, (defined). 44 ПІ. 142. (802)

MASTERn.

Websters Unabridged Dictionary (1913) • 1913

A vessel having (so many) masts; -- used only in compounds; as, a two-master.

MASTERn.

Websters Unabridged Dictionary (1913) • 1913

A male person having another living being so far subject to his will, that he can, in the main, control his or its actions; -- formerly used with much more extensive application than now. (a) The employer of a servant. (b) The owner of a slave. (c) The person to whom an apprentice is articled. (d) A sovereign, prince, or feudal noble; a chief, or one exercising similar authority. (e) The head of a household. (f) The male head of a school or college. (g) A male teacher. (h) The director of a number of persons performing a ceremony or sharing a feast. (i) The owner of a docile brute, -- especially a dog or horse. (j) The controller of a familiar spirit or other supernatural being. One who uses, or controls at will, anything inanimate; as, to be master of one's time. Shak. Master of a hundred thousand drachms. Addison. We are masters of the sea. Jowett (Thucyd. ). One who has attained great skill in the use or application of anything; as, a master of oratorical art. Great masters of ridicule. Maccaulay. No care is taken to improve young men in their own language, that they may thoroughly understand and be masters of it. Locke. A title given by courtesy, now commonly pronounced mìster, except when given to boys; -- sometimes written Mister, but usually abbreviated to Mr. A young gentleman; a lad, or small boy. Where there are little masters and misses in a house, they are impediments to the diversions of the servants. Swift. The commander of a merchant vessel; -- usually called captain. Also, a commissioned officer in the navy ranking next above ensign and below lieutenant; formerly, an officer on a man-of-war who had immediate charge, under the commander, of sailing the vessel. A person holding an office of authority among the Freemasons, esp. the presiding officer; also, a person holding a similar office in other civic societies. Little masters, certain German engravers of the 16th century, so called from the extreme smallness of their prints.  -- Master in chancery, an officer of courts of equity, who acts as an assistant to the chancellor or judge, by inquiring into various matters referred to him, and reporting thereon to the court.  -- Master of arts, one who takes the second degree at a university; also, the degree or title itself, indicated by the abbreviation M. A., or A. M.  -- Master of the horse, the third great officer in the British court, having the management of the royal stables, etc. In ceremonial cavalcades he rides next to the sovereign.  -- Master of the rolls, in England, an officer who has charge of the rolls and patents that pass the great seal, and of the records of the chancery, and acts as assistant judge of the court. Bouvier. Wharton.  -- Past master, one who has held the office of master in a lodge of Freemasons or in a society similarly organized.  -- The old masters, distinguished painters who preceded modern painters; especially, the celebrated painters of the 16th and 17th centuries.  -- To be master of one's self, to have entire self-control; not to be governed by passion.  -- To be one's own master, to be at liberty to act as one chooses without dictation from anybody.

MASTERv.

Websters Unabridged Dictionary (1913) • 1913

To become the master of; to subject to one's will, control, or authority; to conquer; to overpower; to subdue. Obstinacy and willful neglects must be mastered, even though it cost blows. Locke. To gain the command of, so as to understand or apply; to become an adept in; as, to master a science. To own; to posses. [Obs.] The wealth That the world masters. Shak.

masternoun

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

A vessel having a specified number of masts.

Masternoun

Wiktionary (English) • 2026

Prepended to a boy's name or surname as a (now somewhat formal) form of address. | A religious teacher, often as an honorific title. | The title of the head of certain colleges and schools. | A master's degree. | A person holding a master's degree, as a title. | The title of the eldest son of a Scots lord. | The owner of a slave, in some literature. | Used as the title of a dominant, especially a male one.

Mastername

Wiktionary (English) • 2026

One of the triune gods of the Horned God in Wicca alongside the Father and Sage and representing a boy or a young man. | Mastercard | A surname.

Explore the full Law Mind legal research platform.

Subscribe Encyclopedia Sign In