An entire body of philosophy according to the principles of the famous Renate Des Cartes in three books, (I) the institution ... (II) the history of nature ... (III) a dissertation of the want of sense and knowledge in brute animals ... / written originally in Latin by the learned Anthony Le Grand ; now carefully translated from the last corrections, alterations, and large additions of the author, never yet published ... by Richard Blome.

CHAP. XXXIV. Of the Duties of Masters and Servants.

I. The Origi∣nal of ser∣vitude. AFter that Men were multiplied by Genera∣tion, Servitude was introduced into the World, and they who were born free, were forc'd to own Superiors. For after that Dominion and Government, was come into the Hands of a few Men, many being compell'd by Poverty, or by the Dulness of their Intellectuals, did proffer their Labour and Service to great Men, upon condition of being maintained by them, and supply'd with necessaries. Afterwards by the occasion of Wars arising between several Nations, and the longest Sword carrying it, it so happened that they who were taken in War, were made Slaves to those who had conquered them. And therefore the La∣tin word Servus, which signifies a Slave or Ser∣vant, is derived from Servo, which signifies to Save, because they were such as in War, were saved alive by the General. §. 3. Just. de Jur. Per∣son.

II. How Chri∣stians be∣come Ser∣vants. But this Custom is antiquated amongst Christi∣ans, and it is a received Law amongst them, that no Christians may be made Slaves. Tho' when Christians wage VVar against Infidels, and are taken by them, they make Slaves of them, because this is the Common Law of Nations; and this Servitude is a kind of Permutation for the Death, to which it was in the power of the In∣fidels to make them submit. For tho' it be con∣trary to Nature, to enslave a Man that is born free; yet it seems consentaneous to Naturalright, that he who rashly takes up Arms against one that is more powerful than himself, and will not hearken to Peace, being taken Captive by the Conqueror, should be obliged to serve him, and be subject to his Command.

III. Two sorts of Servants The are 2 sorts of Servants; the one, of those who contrary to the Law of Nature, are entirely at the VVill and dispose of a strange Lord or Ma∣ster: Another are such, as let themselves to others for Hire, and give them their Labour for Re∣compence or Reward.

IV. The mutual Duties of Masters and Ser∣vants. The Master is bound to pay to his Temporary Hired Servant, the VVages he hath agreed with him for, and be as good as his VVord to him; as the Servant on the other hand is obliged to per∣form the VVork and Service he hath agreed to, and diligently effect whatsoever else he hath engaged himself to do. And forasmuch as in this their mu∣tual Contract and Agreement, the condition of the Master is above the Servant, an Obligation ariseth thence in the VVorkman, to carry himself with all Reverence to his Master, according to the degree of Dignity, wherein he is placed above him. If he have not been faithful in performing, what he had engaged himself to do, or not dili∣gent enough in his VVork, that he willingly sub∣mit himself to his Correction, to receive the re∣ward of his Negligence or VVickedness. If a Servant either driven by necessity, or of his own accord, have put himself into any ones Service, his Master is bound to provide for him accord∣ingly. Neither can the Ingratitude, or Obstinate humour of the Servant deliver him from his Ob∣ligation herein; tho' for a Punishment of his Of∣fence, he may diminish his allowance of Food, to chastize his negligence or sturdy humour. Yea if he should neglect the Commands laid upon him, and should refuse to go through the work he had undertaken, the Master may withold part of his Wages, which he had agreed with him for.

V. A Master is bound to pay for his Ser∣vants. A Master is bound to make Good the Dam∣age done by his Servants: Because the fault of his Servant is imputed to be his; and according to the Lawyers, an Action may be had against the Master of the Bondslave, for any Damage Culpa∣bly committed by him: And accordingly the Ma∣ster must either make good the Damage, or deli∣ver his Slave to him who hath suffered the Dam∣age. Thus the Master of a Ship is bound to make good the loss of it, in case it chance to mis∣carry in a Tempest, for want of a good Steers∣man. I added Culpably committed by him, be∣cause if the loss happen without his fault, neither the Servant nor Master are bound to make it good, except that it can be proved, that he is grown Richer by means of the said loss.

VI. The care of Masters to wards their Servants. A Master must not suffer his Servants to be Sau∣cy or Idle, and if he finds them remiss and neg∣ligent in their Work, he ought to reprove and chastise them. If they commit any Crime, he may punish them according to the quality of it, yet not over-cruelly. I call a too cruel Punish∣ment, Maiming, Wounding, or such grievous beat∣ing whereby the Lif•• of the Servant would be endanger'd, or at least the loss of one of his Mem∣bers. It is only permitted therefore to a Master, to correct his Servant by a lighter sort of Punish∣ments, as by beating him in such a manner, whence no hurt can redound to his Body. For seeing that Servants are subject to their Masters Chastise∣ment••, they ought to submit to that Punishment, he thinks fit to inflict upon them.

VII. Servants can enter into Coven∣ants. Servants notwithstanding the tye they are un∣der, yet can enter into Covenants or Contracts, so that by this means they may be under an Active, as well as passive Obligation. For tho' Servitude do restrain the Power of Servants, and almost de∣prives them of Civil Rights; yet it leaves them in full possession of the Law of Nature, which by no means can be abrogated. And accordingly JUSTINIAN tells us, Inst. de Jur. Nat. Gent. & Civil. That Natural Laws which are equally observed by all Nations, are the constitutions of the Divine Providence, and as such do always continue firm and immutable. Whence it follows, that both Servants, and those with whom they have contracted, are in the Court of Conscience bound to the Observation of their Agreements, and the faithful performance of what they have engaged themselves to do.

VIII. Servants cannot ali∣enate the Goods of their Ma∣sters. Servants have no power to alienate their Ma∣sters Goods, no not so much as to give an Alms; for seeing that no Administration of their Goods is committed to them, and that it is a piece of In∣justice to relieve the Poverty of the Indigent out of the substance that belongs to another, it is clear that they cannot bestow any thing upon the Poor; without it can be probably supposed, that they have their Masters consent for it; or that the ne∣cessity of the Indigent be so extream, that it may seem to plead an excuse for the irregularity of the fact.

IX. Servants are not bound to obey their Masters in any thing that is E∣vil. Servants are not bound to obey their Masters, in those things that are Evil in their own Nature, that is, which are contrary to the Laws of Na∣ture or Nations, or to the Law of GOD, what∣ever advantage either themselves or their Masters might hope to reap from it. Because we are never to do any Evil that Good may come of it. Where∣fore they who either by their command or advice, do intice their Servants or others to Evil, or that put an occasion of doing mischief into the Hands of others, to the end that they may get some ad∣vantage thereby, do greatly Sin in so doing, they making themselves guilty of the Crime, who per∣suade or command it.