The Elements of Law Natural and Politic [55]
signification, and their wills virtually in the sovereign, there the rights and demands of the particulars do cease; and he or they that have the sovereign power, doth for them all demand and vindicate under the name of his, that which before they called in the plural, theirs. 12. We have seen how particular men enter into subjection, by transferring their rights; it followeth to consider how such subjection may be discharged. And first, if he or they have the sovereign power, shall relinquish the same voluntarily, there is no doubt but every man is again at liberty, to obey or not; likewise if he or they retaining the sovereignty over the rest, do nevertheless exempt some one or more from. their subjection, every man so exempted is discharged. For he or they to whom any man is obliged, hath the power to release him. 13. And here it is to be understood: that when he or they that have the sovereign power, give such exemption or privilege to a subject, as is not separable from the sovereignty, and nevertheless directly retain the sovereign power, not knowing the consequence of the privilege they grant, the person or persons exempted or privileged are not thereby released. For in contradictory significations of the will (Part I. chap. XIII, sect. 9), that which is directly signified, is to be understood for the will, before that which is drawn from it by consequence. 14. Also exile perpetual, is a release of subjection, forasmuch as being out of the protection of the sovereignty that expelled him, he hath no means of subsisting but from himself. Now every man may lawfully defend himself, that hath no other defence; else there had been no necessity that any man should enter into voluntary subjection, as they do in commonwealths. 15. Likewise a man is released of his subjection by conquest; for when it cometh to pass, that the power of a commonwealth is overthrown, and any particular man, thereby lying under the sword of his enemy yieldeth himself captive, he is thereby bound to serve him that taketh him, and consequently discharged of his obligation to the former. For no man can serve two masters. 16. Lastly, ignorance of the succession dischargeth obedience; for no man can be understood to be obliged to obey he knoweth not whom.
Chapter 22
Of the Power of Masters
1. Having set forth, in the two preceding chapters, the nature of a commonwealth institutive, by the consent of many men together; I come now to speak of dominion, or a body politic by acquisition, which is commonly called a patrimonial kingdom. But before I enter thereinto: it is necessary to make known, upon what title one man may acquire right, that is to say, property or dominion, over the person of another. For when one man hath dominion over another, there is a little kingdom; and to be a king by acquisition, is nothing else, but to have acquired a right or dominion over many. 2. Considering men therefore again in the state of nature, without covenants or subjection one to another, as if they were but even now all at once created male and female; there be three titles only, by which one man may have right and dominion over another; whereof two may take place presently, and those are: voluntary offer of subjection, and yielding by compulsion; the third is to take place, upon the supposition of children begotten amongst them. Concerning the first of these three titles, it is handled before in the two last chapters; for from thence cometh the right of sovereigns over their subjects in a commonwealth institutive. Concerning the second title (which is when a man submitteth to an assailant for fear of death), thereby accrueth a right of dominion. For where every man (as it happeneth in this case) hath right to all things, there needs no more for the making of the said right effectual, but a covenant from him that is overcome, not to resist him that overcometh. And thus cometh the victor to have a right of absolute dominion over the conquered. By which there is presently constituted a little body politic, which consisteth of two
Chapter 22
Of the Power of Masters
1. Having set forth, in the two preceding chapters, the nature of a commonwealth institutive, by the consent of many men together; I come now to speak of dominion, or a body politic by acquisition, which is commonly called a patrimonial kingdom. But before I enter thereinto: it is necessary to make known, upon what title one man may acquire right, that is to say, property or dominion, over the person of another. For when one man hath dominion over another, there is a little kingdom; and to be a king by acquisition, is nothing else, but to have acquired a right or dominion over many. 2. Considering men therefore again in the state of nature, without covenants or subjection one to another, as if they were but even now all at once created male and female; there be three titles only, by which one man may have right and dominion over another; whereof two may take place presently, and those are: voluntary offer of subjection, and yielding by compulsion; the third is to take place, upon the supposition of children begotten amongst them. Concerning the first of these three titles, it is handled before in the two last chapters; for from thence cometh the right of sovereigns over their subjects in a commonwealth institutive. Concerning the second title (which is when a man submitteth to an assailant for fear of death), thereby accrueth a right of dominion. For where every man (as it happeneth in this case) hath right to all things, there needs no more for the making of the said right effectual, but a covenant from him that is overcome, not to resist him that overcometh. And thus cometh the victor to have a right of absolute dominion over the conquered. By which there is presently constituted a little body politic, which consisteth of two