The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
6. And if it happen, that the master himself by captivity or
voluntary subjection, become servant to another, then is that other
master _paramount_; and those servants of him that becometh servant,
are no further obliged, than their master paramount shall think
good; forasmuch as he disposing of the master subordinate, disposeth
of all he hath, and consequently of his servants, so that the
restriction of absolute power in masters, proceedeth not from the
law of nature, but from the political law of him that is their
master supreme or sovereign.
[Sidenote: How servitude is discharged.]
7. Servants immediate to the supreme master, are discharged of their
servitude, or subjection, in the same manner that subjects are
released of their allegiance in a commonwealth institutive. As
first, by release. For he that captiveth, which is done by accepting
what the captive transferreth to him, setteth again at liberty, by
transferring back the same. And this kind of release is called
_manumission_. Secondly, by exile. For that is no more but
manumission given to a servant, not in the way of benefit, but
punishment. Thirdly, by a new captivity, where the servant having
done his endeavour to defend himself, hath thereby performed his
covenant to his former master, and for the safety of his life,
entering into new covenant with the conqueror, is bound to do his
best endeavour to keep that likewise. Fourthly, ignorance of who is
successor to his deceased master, dischargeth him of obedience: for
no covenant holdeth longer than a man knoweth to whom he is to
perform it. And lastly, that servant that is no longer trusted, but
committed to his chains and custody, is thereby discharged of the
obligation _in foro interno_, and therefore if he can get loose, may
lawfully go his way.
[Sidenote: The middle lord, &c.]
8. But servants subordinate, though manumitted by their immediate
lord, are not thereby discharged of their subjection to their lord
paramount. For the immediate master hath no property in them, having
transferred his right before to another, namely, to his own and
supreme master. Nor if the chief lord should manumit his immediate
servant, doth he thereby release his servants of their obligation to
him that is so manumitted. For by this manumission, he recovereth
again the absolute dominion he had over them before. For after a
release, which is the discharge of a covenant, the right standeth as
it did before the covenant was made.
[Sidenote: The title of man, &c. over beasts.]