or carry away captive their Master,
justly:) but one, that being taken, hath corporall liberty allowed him;
and upon promise not to run away, nor to do violence to his Master, is
trusted by him.
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 commeth in, and submitteth to the Victor; Nor is the Victor
obliged by an enemies rendring himselfe, (without promise of life,) to
spare him for this his yeelding to discretion; which obliges not the
Victor longer, than in his own discretion hee shall think fit.
And that men do, when they demand (as it is now called) Quarter, (which
the Greeks called Zogria, taking alive,) is to evade the present fury of
the Victor, by Submission, and to compound for their life, with Ransome,
or Service: and therefore he that hath Quarter, hath not his life given,
but deferred till farther deliberation; For it is not an yeelding on
condition of life, but to discretion. And then onely is his life in
security, and his service due, when the Victor hath trusted him with his
corporall liberty. For Slaves that work in Prisons, or Fetters, do it
not of duty, but to avoyd the cruelty of their task-masters.
The Master of the Servant, is Master also of all he hath; and may exact
the use thereof; that is to say, of his goods, of his labour, of his
servants, and of his children, as often as he shall think fit. For he
holdeth his life of his Master, by the covenant of obedience; that is,
of owning, and authorising whatsoever the Master shall do. And in case
the Master, if he refuse, kill him, or cast him into bonds, or otherwise
punish him for his disobedience, he is himselfe the author of the same;
and cannot accuse him of injury.
In summe the Rights and Consequences of both Paternall and Despoticall
Dominion, are the very same with those of a Soveraign by Institution;
and for the same reasons: which reasons are set down in the precedent
chapter. So that for a man that is Monarch of divers Nations, whereof he
hath, in one the Soveraignty by Institution of the people assembled, and
in another by Conquest, that is by the Submission of each particular,
to avoyd death or bonds; to demand of one Nation more than of the other,
from the title of Conquest, as being a Conquered
|