The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
5. The lord therefore hath no less dominion over a servant that is
not, than over one that is bound; for he hath a supreme power over
both, and may say of his servant no less than of another thing,
whether animate or inanimate, _this is mine_. Whence it follows,
that whatsoever the servant had before his servitude, that
afterwards becomes the lord’s; 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 retain as his own against the will of his lord; yet hath
he, by his lord’s 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 own_
against the will of the supreme authority, but every subject hath a
propriety against his fellow-subject.
[Sidenote: The lord may sell his servant, or alienate him by
testament.]
6. Since therefore both the servant himself, and all that belongs to
him are his lord’s, and by the right of nature every man may dispose
of his own in what manner he pleases; the lord may either sell, lay
to pledge, or by testament convey the dominion he hath over his
servant, according to his own will and pleasure.
[Sidenote: The lord cannot be injurious to his servant.]
7. Furthermore, what hath before been demonstrated concerning
subjects in an _institutive_ government, namely, that he who hath
the supreme power can do his subject no injury; is true also
concerning _servants_, because they have subjected their will to the
will of the Lord. Wherefore, whatsoever he doth, it is done with
their will; but no injury can be done to him that willeth it.
[Sidenote: He that is lord of the lord, is lord also of his
servants.]
8. But if it happen that the _lord_, either by captivity or
voluntary subjection, doth become a _servant_ or _subject_ to
another, that other shall not only be lord of him, but also of his
_servants_; supreme lord over these, immediate lord over him. Now
because not the servant only, but also all he hath, are his lord’s;
therefore his servants now belong to this man, neither can the
mediate lord dispose otherwise of them than shall seem good to the
supreme. And therefore, if sometime in civil governments the lord
have an absolute power over his servants, that is supposed to be
derived from the right of nature, and not constituted, but slightly
passed over by the civil law.
[Sidenote: By what means servants are freed.]