XVII. If the Monarch promise ought to any one, or many subjects together, by consequence whereof the exercise of his power may suffer prejudice, that Promise or Compact whether made by Oath, or without it, is null: for all Compact is a conveyance of Right, which by what hath been said in the fourth Article of the second Chapter, requires meet, and proper signes of the Will in the conveyer. But he who sufficiently signifies his will of retaining the end, doth also sufficiently declare that he quits not his Right to the means necessary to that end. Now he who hath promis'd to part with somewhat necessary to the Supreme Power, and yet retaines the Power it selfe, gives sufficient tokens, That he no otherwise promis'd it then so farre forth as the power might be retain'd without it. Whensoever therefore it shall appear that what is promis'd cannot be perform'd without prejudice to the Power, the promise must be valued as not made, (i.e.) of no effect.
XVIII. We have seen how Subjects, nature dictating, have oblig'd themselves by mutuall Compacts to obey the SuPreme Power. We will see now by what meanes it comes to passe that they are releas'd from these bonds of obedience. And first of all this happens by rejection, namely, if a man cast off, or forsake, but conveigh not the Right of his Command on some other; for what is thus rejected, is openly expos'd to all alike, catch who catch can; whence again, by the Right of nature, every subject may heed the preservation of himselfe according to his own judgement. In the second place, If the Kingdome fall into the power of the enemy, so as there can no more opposition be made against them, we must understand that he, who before had the Supreme Authority, hath now lost it: For when the Subjects have done their full indeavour to prevent their falling into the enemies hands, they have fulfill'd those Contracts of obedience which they made each with other, and what, being conquer'd, they promise afterwards, to avoid death, they must, with no lesse endeavour, labour to performe. Thirdly, in a Monarchy, (for a Democraty, and Aristocraty cannot fail) if there be no successour, all the subjects are discharg'd from their obligations; for no man is suppos'd to be tyed he knows not to whom, for in such a case it were impossible to perform ought. And by these three wayes all subjects are restor'd from their civill subjection to that liberty, which all men have to all things, to wit, naturall, and salvage, (for the naturall state hath the same proportion to the Civill, I mean liberty to subjection, which Passion hath to Reason, or a Beast to a Man:) Furthermore, each subject may lawfully be freed from his subjection by the will of him who hath the Supreme Power, namely, if he change his soile, which may be done two wayes, either by permission, as he, who gets license to dwell in another Country; or Command, as he, who is Banisht: In both cases he is free from the Lawes of his former Country, because he is tyed to observe those of the latter.
Chapter VIII
Of the Rights of Lords over their Servant
I. In the two fore-going Chapters we have treated of an institutive, or fram'd Government, as being that which receives its originall from the consent of many, who by Contract and Faith mutually given, have oblig'd each other. Now followes, what may be said, concerning a naturall Government, which may also be call'd, Acquired, because it is that which is gotten by power, and naturall force. But we must know in the first place by what means the Right of Dominion may be gotten over the Persons of men. Where such a Right is gotten, there is a kind of a little Kingdome; for to be a King, is nothing else but to have Dominion over many Persons; and thus a Great Family is a Kingdom, & a Little Kingdome a Family. Let us return again to the state of nature, and consider men as if but even now sprung out of the earth, and suddainly (like Mushromes) come to full maturity without all kind of engagement to each other: There are but three wayes only whereby one can have the Dominion over the Person of another; whereof the first is, if by mutuall Contract made between themselves (for Peace, & self-defences sake) they have willingly given up themselves to the Power and Authority of some man, or Councel of Men, & of this we have already spoken. The 2d is, If a man taken Prisoner in the Wars, or overcome; or else distrusting his own forces, (to avoid Death) promises the Conquerour, or the stronger Party, his Service, i.e. to do all whatsoever he shall command him; in which Contract the good which the vanquisht, or inferiour, in strength doth receive, is the grant of his life, which by the Right of War in the naturall state of men he might have depriv'd him of, but the good which he promises, is his service and obedience. By vertue therefore of this promise, there is as absolute service and obedience due from the vanquisht, to the vanquisher, as possibly can be, excepting what repugns the Divine Lawes; for he who is oblig'd to obey the Commands of any man before he knowes what he will command him, is simply, and without any restriction tyed to the performance of all Commands whatsoever. Now he that is thus tyed, is call'd a SERVANT, he to whom he is tyed, a LORD. Thirdly, there is a Right acquir'd over the Person of a Man, by Generation; of which kind of acquisition somewhat shall be spoken in the following Chapter.
II. Every one that is taken in the War, and hath his life spar'd him, is not suppos'd to have Contracted with his Lord; for every one is not trusted with so much of his naturall liberty, as to be able, if he desir'd it, either to flie away, or quit his service, or contrive any mischief to his Lord. And these serve indeed but within Prisons, or bound within Irons, and therefore they were call'd not by the common name of Servant onely, but by the peculiar name of Slave, even as now at this day un serviteur, and un serf or un esclave have diverse significations.
III. The obligation therefore of a Servant to his Lord ariseth not from a simple grant of his life, but from hence rather, That he keeps him not bound, or imprison'd, for all obligation derives from Contract; but where's no trust, there can be no Contract, as appears by the 2. Chap. Artic. 9. where a Compact is defin'd to be the promise of him who is trusted. There is therefore a confidence and trust which accompanies the benefit of pardon'd life, whereby the Lord affords him his corporall liberty. so that if no obligation, nor bonds of Contract had happen'd, he might not onely have made his escape, but also have kill'd his Lord, who was the preserver of his life.
IV. Wherefore such kind of Servants as are restrain'd by imprisonment, or bonds, are not comprehended in that definition of Servants given above, because those serve not for the Contracts sake, but to the end they may not suffer; and therefore if they flie, or kill their Lord, they offend not against the Lawes of Nature, for to bind any man is a plain signe, that the binder supposes him that is bound not to be sufficiently tyed by any other obligation.
V. The Lord therefore hath no less Dominion over a Servant that is not, then over one that is bound, for he hath a Supreme Power over both, and may say of his Servant no lesse then of another thing, whether animate, or inanimate, This is mine; whence it followes, that whatsoever the Servant had before his servitude, that afterwards becomes the Lords; and whatsoever he hath gotten, it was gotten for his Lord: for he that can by Right dispose of the Person of a man, may surely dispose of all those things which that Person could dispose of. There is therefore nothing which the Servant may retaine as his own against the will of his Lord; yet hath he, by his Lords distribution, a propriety, and Dominion over his own goods, insomuch as one Servant may keep, and defend them against the invasion of his fellow Servant, in the same manner as hath been shewed before, that a subject hath nothing properly his owne against the will of the Supreme Authority, but every subject hath a propriety against his fellow subject.
VI. Since therefore both the Servant himself, and all that belongs to him are his Lords, and by the Right of Nature every man may dispose of his owne in what manner he pleases; the Lord may either sell, lay to pledge, or by Testament conveigh the Dominion he hath over his Servant, according to his own will and pleasure.
VII. Farthermore, what hath before been demonstrated concerning subjects in an institutive Government, namely, that he who hath the Supreme Power can doe his subject