own will to act the will of another, this is true slavery. Of this St. Paul complains, that he had a Will of his own, but could not act it, but the contrary; To will is present with me, but how to perform I find not; for the good that I would I do not, but the evil which I would not that I do, &c.
By the Civil Law, the Slave can make no Will; Servo nulla Testamenti factio. The Slave also can be no Party to a Will, neither a Testatour, Executor, or so much as a Witness. Naturally he may write or speak his own mind, or testifie the mind of another; but legally he cannot do it, he is dead in Law.
IV. A Restraint of Man from his proper Rule is true slavery.
The proper Rule of a man, to frame and steer his Actions by, is the Law, as the Law of God, which is alwaies just; or of Man, which is then alwaies just, when no Law of God declares it unlawful.
The Law, not Conscience, is the Soveraign rule of Man: For the Conscience must have a Law for the rule of it, or else it will be unruly; for where there is no Law, there can be no Conscience, seeing Conscience is but the dictate of the law of Equity; a law prescribing to the law of Justice, and overruling it. And Conscience pretended is but blindness of mind, or hardness of heart, unless it can see or feel it self in some Law.
All other Rules, as Favour and Fear, Humour, Fancy and Pleasure, are improper unto man, alien and forreign, for they are leaden and crooked Rules, that cause us to wander in crooked waies: So for a man to be re∣strained from his proper Rule, so that he cannot, or may not, live by the Law, but is forced to live contrary to Law, only at the will and pleasure of another, this is true slavery.
Hence, when Subjects are ruled by their own Municipal and National Laws, that are genuine and proper to them, they account themselves free men; but when ruled by forreign and strange Laws, or by the plea∣sure of the Prince in an arbitrary uncertain way, such subjection is called Slavery.
V. A Restraint of Man from his proper State is true slavery.
The proper State of Man, whereby he is ranked distinct and superiour to all other sublunary Creatures, is to be a person living in the condition of a Reasonable Soul.
All other Estates, whether they proceed from Titles, Degrees or Offi∣ces, are improper unto Man, alien and forreign to him, for none of these advance him to the rank of Man. Now for a man to be restrained from his proper State, that he cannot, or may not, live in the person of Man; but is forced to a state below Man in the condition of a Beast, or is yet farther forced to a state below a Beast, and to live in the condition of the Dead, alive in Nature, but dead in Law, this is true slavery.
Hence Slaves by the Civil Law are made equivalent to Beasts, such as we call Cattel, Horses, or Oxen, yea and to dead men; Servitus morti assimilatur. L. Intercidit. F. de Conditionibus. And by the Common Law of England Monks and Friers were under a Civil slavery, as men dead in Law, and entring into their Order were to make their Wills, as men on their Death-beds; else they were held to die intestate, and the Ordinary thereupon was to grant away the Administration of their Goods, as if already dead. Vide 2d. Book of Littleton, Inst. chap. Villenage.