The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
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 show that the servant is not
trusted. But covenant, (Part I. chapter II. section 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.
[Sidenote: Servants have no property against their lord, &c.]
4. A master therefore is to be supposed to have no less right over
those, whose bodies he leaveth at liberty, than over those he
keepeth in bonds and imprisonment, and hath absolute dominion over
both, and may say of his servant, that he is his, as he may of any
other thing. And whatsoever the servant had, and might call his, is
now the master’s; for he that disposeth of the person, disposeth of
all the person could dispose of: insomuch, as though there be _meum_
and _tuum_ amongst servants distinct from one another by the
dispensation, and for the benefit of their master; yet there is no
_meum_ and _tuum_ belonging to any of them against the master
himself, whom they are not to resist, but to obey all his commands
as law.
[Sidenote: The master hath right to alienate his servant.]
5. And seeing both the servant and all that is committed to him, is
the property of the master, and every man may dispose of his own,
and transfer the same at his pleasure, the master may therefore
alienate his dominion over them, or give the same by his last will
to whom he list.
[Sidenote: The servant of the servant, &c.]