If the mother be the father’s subject, the child, is in the father’s power: and if the father be the mother’s subject, as when a sovereign queen marrieth one of her subjects, the child is subject to the mother; because the father also is her subject. If a man and woman, monarchs of two several kingdoms, have a child, and contract concerning who shall have the dominion of him, the right of the dominion passeth by the contract. If they contract not, the dominion followeth the dominion of the place of his residence. For the sovereign of each country hath dominion over all that reside therein. He that hath the dominion over the child, hath dominion also over the children of the child; and over their children’s children. For he that hath dominion over the person of a man, hath dominion over all that is his; without which, dominion were but a title, without the effect. [Sidenote: The right of succession followeth the rules of the right of possession.] The right of succession to paternal dominion, proceedeth in the same manner, as doth the right of succession of monarchy; of which I have already sufficiently spoken in the precedent chapter. [Sidenote: Despotical dominion attained.] Dominion acquired by conquest, or victory in war, is that which some writers call DESPOTICAL, from Δεσπότης, which signifieth a _lord_, or _master_; and is the dominion of the master over his servant. And this dominion is then acquired to the victor, when the vanquished, to avoid the present stroke of death, covenanteth either in express words, or by other sufficient signs of the will, that so long as his life, and the liberty of his body is allowed him, the victor shall have the use thereof, at his pleasure. And after such covenant made, the vanquished is a SERVANT, and not before: for by the word _servant_, whether it be derived from _servire_, to serve, or from _servare_, to save, which I leave to grammarians to dispute, is not meant a captive, which is kept in prison, or bonds, till the owner of him that took him, or bought him of one that did, shall consider what to do with him: for such men, commonly called slaves, have no obligation at all; but may break their bonds, or the prison; and kill, or carry away captive their master, justly: but one, that being taken, hath corporal liberty allowed him; and upon promise not to run away, nor to do violence to his master, is trusted by him. [Sidenote: Not by the victory, but by the consent of the vanquished.] It is not therefore the victory, that giveth the right of dominion over the vanquished, but his own covenant. Nor is he obliged because he is conquered; that is to say, beaten, and taken, or put to flight; but because he cometh in, and submitteth to the victor; nor is the victor obliged by an enemy’s rendering himself, without promise of life, to spare him for this his yielding to discretion; which obliges not the victor longer, than in his own discretion he shall think fit.