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 wills, but no injury can be done to him that willeth it.
VIII. 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 onely 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 Lords; therefore his Servants now belong to this man, neither can the mediate Lord dispose otherwise of them then shall seeme good to the Supreme. And therefore, if sometime in civill Governments, the Lord have an absolute power over his Servants, that's suppos'd to be deriv'd from the Right of Nature, and not constituted, but slightly pass'd over by the Civill Law.
IX. A servant is by the same manner freed from his servitude, that a Subject in an institutive government, is freed from his subjection; First, if his Lord enfranchize him, for the Right which the servant transferred to his Lord over himselfe, the same may the Lord restore to the servant again. And this manner of bestowing of liberty is called MANUMISSION; which is just as if a City should permit a Citizen to conveigh himselfe under the jurisdiction of some other City. Secondly, if the Lord cast off his servant from him, which in a City is banishment; neither differs it from Manumission in effect, but in manner onely: for there, liberty is granted as a favour, here, as a punishment: In both, the Dominion is renounced. Thirdly, if the servant be taken prisoner, the old servitude is abolished by the new; for as all other things, so servants also are acquired by warre, whom in equity the Lord must protect, if he will have them to be his. Fourthly, the servant is freed for want of knowledge of a successour, the Lord dying (suppose) without any Testament, or Heire, for no man is understood to be obliged, unlesse he know to whom he is to perform the obligation. Lastly, the servant that is put in bonds, or by any other means deprived of his corporall liberty, is freed from that other obligation of contract, for there can be no contract where there is no trust, nor can that faith be broken which is not given. But the Lord who himselfe serves another, cannot so free his servants, but that they must still continue under the power of the supreme, for, as hath been shewed before, such servants are not his, but the supreme Lords.
X. We get a right over irrationall Creatures in the same manner, that we doe over the Persons of men, to wit, by force and naturall strength; for if in the state of nature it is lawfull for every one, by reason of that warre which is of all against all, to subdue, and also to kill men as oft as it shall seem to conduce unto their good, much more will the same be lawfull against Brutes; namely at their own discretion, to reduce those to servitude which by art may be tamed, and fitted for use, and to persecute and destroy the rest by a perpetuall warre, as dangerous and noxious. Our Dominion therefore over beasts, hath its originall from the right of nature, not from divine positive Right: for if such a Right had not been before the publishing of the sacred Scriptures, no man by right might have killed a beast for his food, but he to whom the divine pleasure was made manifest by holy Writ; a most hard condition for men indeed whom the beasts might devoure without injury, and yet they might not destroy them: Forasmuch therefore as it proceeds from the right of nature, that a beast may kill a man; it is also by the same Right, that a man may slay a beast.
Chapter IX
Of the right of Parents over their children and of hereditary Government
I. Socrates is a man, and therefore a living creature, is a right reasoning, and that most evident, because there is nothing needfull to the acknowledging of the truth of the consequence, but that the word Man be understood, because a living creature is in the definition it selfe of a Man, and every one makes up the proposition which was desired, namely this, Man is a living Creature; And this, Sophroniscus is Socrates his Father, and therefore his Lord, is perhaps a true inference, but not evident, because the word Lord is not in the definition of a Father: wherefore it is necessary to make it more evident, that the connexion of Father and Lord be somewhat unfolded. Those that have hitherto endeavoured to prove the Dominion of a Parent over his children, have brought no other argument then that of generation, as if it were of it selfe evident, that what is begotten by me, is mine; just as if a man should think, that because there is a triangle, it appeares presently without any farther discourse, that its angles are equall to two Rights. Besides, since Dominion (that is) supreme Power is indivisible, insomuch as no man can serve two Masters, but two Persons male and female, must concurre in the act of generation, its impossible that Dominion should at all be acquired by generation onely. Wherefore we will with the more diligence in this place, enquire into the original of paternal Government.
II. Wee must therefore returne to the state of nature, in which, by reason of the equality of nature all men of riper yeares are to be accounted equall; There by right of nature the Conqueror is Lord of the conquered: by the Right therefore of nature, the Dominion over the Infant first belongs to him who first hath him in his power'd but it's manifest that he who is newly born is in the Mothers power before any others, insomuch as she may rightly, and at her own wil, either breed him up, or adventure him to fortune.
III. If therefore she breed him (because the state of nature is the state of warre) she is supposed to bring him up on this condition, that being grown to full age he become not her enemy; (which is) that he obey her. For since by naturall necessity we all desire that which appears good unto us, it cannot be understood that any man hath on such termes afforded life to another, that he might both get strength by his years, and at once become an enemy; but each man is an enemy to that other whom he neither obeys nor commands. And thus in the state of nature, every woman that bears children, becomes both a Mother, and a Lord. But what some say, that in this case, the Father by reason of the preeminence of sexe, and not the Mother, becomes Lord, signifies nothing. For both reason shewes the contrary, because the inequality of their naturall forces is not so great, that the man could get the Dominion over the woman without warre. And custome also contradicts not; for women, namely Amazons, have in former times waged war against their adversaries, and disposed of their children at their own wils, and at this day in divers places, women are invested with the principall authority. Neither doe their husbands dispose of their children, but themselves; which in truth they do by the right of nature; forasmuch as they who have the supreme power, are not tyed at all (as hath bin shewed) to the civill lawes. Adde also that in the state of nature it cannot be known who is the Father but by the testimony of the Mother; the child therefore is his whose the Mother will have it, and therefore hers; Wherefore originall Dominion over children belongs to the Mother, and among men no lesse then other creatures: The birth followes the belly.
IV. The Dominion passes from the Mother to others, divers wayes; first, if she quit and forsake her Right by exposing the child. He therefore that shall bring up the childe thus exposed, shall have the same Dominion over it, which the Mother had. For that life which the Mother had given it (not by getting, but nourishing it) she now by exposing, takes from it; Wherefore the obligation also which arose from the benefit of life, is by this exposition made voyd. Now the preserved, oweth all to the preserver, whether in regard of his education as to a Mother, or of his service, as to a Lord; for although the Mother in the state of nature, where all men have a right to all things, may recover her sonne again (namely by the same Right that any body else might doe it) yet may not the Sonne rightly transferre himselfe again unto his Mother.
V. Secondly, if the Mother be taken prisoner, her Sonne is his that took her, because that he who hath Dominion over the Person, hath also Dominion over all belonging to the Person; Wherefore over the Sonne also, as hath been shewed in the foregoing Chapter, in the fifth Article. Thirdly, if the Mother be a subject under what government soever, he that hath the supreme authority in that government, will also have the Dominion over him that is born of her. for he is Lord also of the Mother, who is bound to obey him, in all things. Fourthly, if a woman for societie sake give her selfe to a man on this condition; that he shall bear the sway; he that receives his being from the contribution of both Parties, is the Fathers, in regard of the command he hath over the Mother; but if a woman bearing rule shall have children by a Subject, the children are the Mothers: for otherwise the woman can have no children without prejudice to her authority.