By virtue therefore of this promise, there is as absolute service and obedience due from the vanquished to the vanquisher, as possibly can be, excepting what repugns the divine laws; for he who is obliged to obey the commands of any man before he knows what he will command him, is simply and without any restriction tied to the performance of all commands whatsoever. Now he that is thus tied, is called a _servant_; he to whom he is tied, a _lord_. Thirdly, there is a right acquired over the person of a man by generation; of which kind of acquisition somewhat shall be spoken in the following chapter. [Sidenote: The distinction of servants, into such as upon trust enjoy their natural liberty, and slaves, or such as serve being imprisoned or fettered.] 2. Every one that is taken in the war, and hath his life spared him, is not supposed to have contracted with his lord; for every one is not trusted with so much of his natural liberty, as to be able, if he desired it, either to fly 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 called not by the common name of _servant_ only, but by the peculiar name of _slave_; even as now at this day, _un serviteur_, and _un serf_, or _un esclave_ have diverse significations. [Sidenote: The obligation of a servant ariseth from that freedom which is granted him by his lord.] 3. 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 imprisoned. For all obligation derives from contract; but where there is no trust, there can be no contract, as appears by chap. ii. art. 9; where a compact is defined to be the promise of him who is trusted. There is therefore a confidence and trust which accompanies the benefit of pardoned life, whereby the _lord_ affords him his corporal liberty; so that if no obligation nor bonds of contract had happened, he might not only have made his escape, but also have killed his lord who was the preserver of his life. [Sidenote: Servants that are bound, are not obliged to their lord by any contract.] 4. Wherefore such kind of _servants_ as are restrained by imprisonment or bonds, are not comprehended in that definition of _servants_ given above; because those serve not for the contract’s sake, but to the end they may not suffer. And therefore if they fly, or kill their _lord_, they offend not against the laws of nature. For to bind any man, is a plain sign that the binder supposes him that is bound, not to be sufficiently tied by any other obligation. [Sidenote: Servants have no propriety in their goods against their lord.]