The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
subjection by the will of him who hath the supreme power, namely, if
he change his soil; which may be done two ways, either by
permission, as he who gets license to dwell in another country; or
command, as he who is banished. In both cases, he is free from the
laws of his former country; because he is tied to observe those of
the latter.
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CHAPTER VIII.
OF THE RIGHTS OF LORDS OVER THEIR SERVANTS.
1. What lord and servant signify. 2. The distinction of servants,
into such as upon trust enjoy their natural liberty, and slaves,
or such as serve being imprisoned or bound in fetters. 3. The
obligation of a servant arises from the liberty of body allowed
him by his lord. 4. Servants that are bound, are not by any
compacts tied to their lords. 5. Servants have no propriety in
their goods against their lord. 6. The lord may sell his
servant, or alienate him by testament 7. The lord cannot injure
his servant. 8. He that is lord of the lord, is lord also of his
servants. 9. By what means servants are freed. 10. Dominion over
beasts belongs to the right of nature.
[Sidenote: What lord and servant are.]
1. In the two foregoing chapters we have treated of an _institutive_
or _framed_ government, as being that which receives its original
from the consent of many, who by contract and faith mutually given
have obliged each other. Now follows what may be said concerning a
_natural_ government; which may also be called _acquired_, because
it is that which is gotten by power and natural 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 kingdom; for to be a _king_, is nothing else
but to have dominion over many persons; and thus a great family is a
kingdom, and a little kingdom 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 suddenly, like mushrooms, come to full maturity,
without all kind of engagement to each other. There are but three
ways only, whereby one can have a dominion over the person of
another; whereof the first is, if by mutual contract made between
themselves, for peace and self-defence’s sake, they have willingly
given up themselves to the power and authority of some man, or
council of men; and of this we have already spoken. The second is,
if a man taken prisoner in the wars, or overcome, or else
distrusting his own forces, to avoid death, promises the conqueror
or the stronger party his _service_, that is, to do all whatsoever
he shall command him. In which contract, the good which the
vanquished or inferior in strength doth receive, is the grant of his
life, which by the right of war in the natural state of men he might
have been deprived of; but the good which he promises, is his
service and obedience.