An exact collection of the works of Doctor Jackson ... such as were not published before : Christ exercising his everlasting priesthood ... or, a treatise of that knowledge of Christ which consists in the true estimate or experimental valuation of his death, resurrection, and exercise of his everlasting sacerdotal function ... : this estimate cannot rightly be made without a right understanding of the primeval state of Adam ...

CHAP. XV.

Containing the Generall Heades of this whole Treatise: And of the Distinction be∣twixt Slaves, and those which we call Hired Servants, or Apprentices, or Free-borne Persons in their nonage.

1. THat we may understand our own Estate by Nature, and the inheritance whereunto we are intitled by Grace, better then the Jewes did, we are to discusse these Three Points:

First, Wherein Civill Bondage or Servitude doth consist; Or, What be the Properties wherein Servants differ from Free-men:

Secondly, What Proportion or Analogie Servitude to Sin hath unto Civill Servitude; And whether such as our Saviour saith are truely Servants unto Sin, be more truely and properly Servants, then such as are Legal and Civil Servants.

Thirdly, the manner How the Son of God doth sett us Free from the Bon∣dage or Servitude of Sin.

2. Servitude is opposed to Freedome: And we cannot well know what it is to be a Servant, unlesse we first know what it is to be a Free-man. We do not meane a Free-man of this or that Corporation, but a Free-man simply, or one that is Free by Birth or condition of Life. Every one in this sense is said to be Free, that hath Right or power to dispose of himself, of his Children, of his Lands or Goods, or of his own Actions or Imployments. Every one likewise is a Servant, that being come to full yeares is deprived of this Right or power to dispose of himself, of his Lands, of his Goods, of his Actions or imployments either in whole or in part. As for Children or such as are under Yeares, though borne to be Lords over others, yet whilest they are under yeares, they are properly neither Free-men nor Servants: Although as the Apostle teacheth us, Gal. 4. 1. 2. they participate more of the Nature of Servants then of Free-men: Now I say, that the Heire as long as he is a Child, differeth nothing from a Servant, though he be Lord of All, but is under Tutors and Governours, untill the time appointed of the Father. For this Reason, one and the same word in the Original is promiseuously used for Children and for Servants, because Neither of them are at their own disposals, but at the disposals of their Guardians or masters.

3. According to the severall Extents of this want of Power or Right to dispose of themselves, of their Actions or Imployments; Or rather, Ac∣cording to the Extent of others Right or Power to dispose of them in all these, there be severall Degrees of Servitude, and divers sorts of servants. Some, as the great Philosopher in his Politicks would have it, are Servi à Natura;

were framed by Nature only to serve,

or to be at other mens dispo∣sals, as not being able to dispose of themselves. Such as had strong Bodies but weake Braines were in his judgment more fit to be governed by Others, then to govern themselves. But this kind of servitude is improper. For Omnis servus est alicujus Domini Servus; Every Servant is the Servant of some particular Lord or Master, whose Interest, whether in his Person or imploy∣ments, must be grounded upon some Speciall Title. Such as by Nature are destitute of witt or Reason, do not thereby become Servants, unlesse we should say, they were every mans Servants, that are disposed to imploy them. And this Priviledge they have of others, That they are not capable of any Contract or Legall Title, by which they may make themselves, or

be made This or That mans servants: And being no mans servants, they can be no servants.

4. Though our English [Servant] be derived from the Latin Servus: yet servants in our English tongue we call many, which a good Latinist would rather call Famuli then Servi: being indeed Servants, that is, at other mens disposals, but in part only, not in whole; whom for Distinction sake we call Apprentices or Hired Servants: Over whose Actions or Imployments their Masters during the time of their hire or Apprentiship, have full right and Interest; and Authority likewise over their Bodies or Persons, to cor∣rect or punish them, if they take upon them to dispose of their Actions or Imployments otherwise then for their Masters Behoof, or as they shall ap∣point: But over their Persons, their Bodies, their Goods or Children, their Masters have no Right nor Interest. They may not take upon them by our Laws to dispose of These, as they do of their Day-Labours or bodily Im∣ployments. Yet are these properly called Servants, as having made them∣selves such, or are so made by their Parents or Guardians, upon some Con∣tract, or by some Branch or Title of Commutative Justice, in which there is alwayes Ratio dati & accepti, somewhat given and taken, that binds both the Parties: As in this particular case, The Master gives and the Servant re∣ceives meat, drink, and wages; And in Lieu of these Benefits received, the Servant yields up, and the Master receives a Right or interest in his bodily and daily Labours, and a Power to dispose of these. Yet are they Servants (as we said) only in part, not meer servants.

5. Meer Servants (or servants absolutely or in whole) were such as the Latines called Mancipia, such as we call in English Slaves or Bondmen, or such as sometimes out of a superfluity of speech or expressing our selves, in our Native Dialect, we term Bondslaves. For a Slave is as much as a Bondman: and no Bondman can be any more then a slave. A Bondslave is a Name which hath no Reality answerable or fully commensurable unto it. Unto this state or Condition of life, that is, of being a Slave or Bondman, no man is bound or subject by Nature; No Man will willingly or voluntarily subject himself. Such as heretofore have been, and in divers Countries yet are, Servants in this sense, were made such by others from a pretended right or Title of Con∣quest, and were called Mancipia, quasi manu Capti, because they had been taken in War, and might by rigour of Justice, at least by rigour of Hostile Law, be put to Death, as men convicted of Rebellion by taking Armes. Now the price of their Redemption from death, was losse of Civil Liberty as well for themselves as their posterity. These were truly and properly called Servi, according to the native Etymologie of this name in Latin, Servi quasi Servati; They were again wholly and meerly Servants, according to the utmost extent of the Nature, and of the Real Conditions or properties of Civil Servitude: that is, Their Lords or Masters had an absolute Right or Interest not only in their Bodily Actions or Imployments, but over their very Persons, their Bodies, their Children, and whatsoever by any Title did belong unto them. The Interest, Power or Dominion which Masters by the Ci∣vil Law or Law of Nations, had over their Servi or Mancipia, their Slaves or Bondmen, was altogether such, and as absolute, as a Free-holder hath over his own Inheritance or Fee simple; that is, a power or Right not only to reap or take the Annual Fruits or Commodities of it, but full Right to Let or Sett for Term of years, or to alienate or sell the Propertie: For so were Bondmen and their Children bought and sold, as Lands and Goods or Cattle are with us. All the Right, Dominion, or Interest which Masters

with us have over their Servants or Apprentices, is only such as a Tenant or Lease-holder for some limited time or Terme of years, hath over the ground or soyl which he payeth Rent for: that is, a Right or Property in the Herbage; a right or power to reap the Fruits or increase of it during the time of his Covenant, but no right to alienate or sell so much as the Earth or Gravel, much lesse to alienate or make away the Fee-Simple or Inheritance, which is still reserved unto the Owner. Thus the Bodies or persons of hired Ser∣vants are their own: Their mindes and Consciences are Free, even during the time of their service. But the Use or imployment of their Bodies in ser∣vices Lawful and Ingenuous, is their Masters: So are the Services of their wit, for accomplishing with care and diligence what by duty they are bound to perform.

Notes

• Of the Condi∣tion of slaves and Hired Servants.
• Qui ubique est, nusquam est; He that is every where, is no where.