第47章 Chapter 22 Of the Power of Masters(1)

1. Having set forth, in the two preceding chapters, the nature of a commonwealth institutive, by the consent of many men together; I come now to speak of dominion, or a body politic by acquisition, which is commonly called a patrimonial kingdom. But before I enter thereinto: it is necessary to make known, upon what title one man may acquire right, that is to say, property or dominion, over the person of another. For when one man hath dominion over another, there is a little kingdom; and to be a king by acquisition, is nothing else, but to have acquired a right or dominion over many.

2. Considering men therefore again in the state of nature, without covenants or subjection one to another, as if they were but even now all at once created male and female; there be three titles only, by which one man may have right and dominion over another; whereof two may take place presently, and those are: voluntary offer of subjection, and yielding by compulsion; the third is to take place, upon the supposition of children begotten amongst them. Concerning the first of these three titles, it is handled before in the two last chapters; for from thence cometh the right of sovereigns over their subjects in a commonwealth institutive. Concerning the second title (which is when a man submitteth to an assailant for fear of death), thereby accrueth a right of dominion. For where every man (as it happeneth in this case) hath right to all things, there needs no more for the making of the said right effectual, but a covenant from him that is overcome, not to resist him that overcometh. And thus cometh the victor to have a right of absolute dominion over the conquered. By which there is presently constituted a little body politic, which consisteth of two persons, the one sovereign, which is called the MAStER, or lord; the other subject, which is called the SERVANT. And when a man hath acquired right over a number of servants so considerable, as they cannot by their neighbours be securely invaded, this body politic is a kingdom despotical.

3. And it is to be understood: that when a servant taken in the wars, is kept bound in natural bonds, as chains, and the like, or in prison; there hath passed no covenant from the servant to his master; for those natural bonds have no need of strengthening by the verbal bonds of covenant; and they shew the servant is not trusted. But covenant (Part I. chap. XV, sect. 9) supposeth trust. There remaineth therefore in the servant thus kept bound, or in prison, a right of delivering himself, if he can, by what means soever. This kind of servant is that which ordinarily and without passion, is called a SLAVE. The Romans had no such distinct name, but comprehended all under the name of servus; whereof such as they loved and durst trust, were suffered to go at liberty, and admitted to places of office, both near to their persons, and in their affairs abroad; the rest were kept chained, or otherwise restrained with natural impediments to their resistance. And as it was amongst the Romans, so it was amongst other nations; the former sort having no other bond but a supposed covenant, without which the master had no reason to trust them; the latter being without covenant, and no otherwise tied to obedience, but by chains, or other like forcible custody.