Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/439

 Ch. 14. dicuing the relation of mater and ervant, I hall, firt, conider the everal orts of ervants, and how this relation is created and detroyed: econdly, the effect of this relation with regard to the parties themelves: and, latly, it's effect with regard to other perons.

I. to the everal orts of ervants: I have formerly oberved that pure and proper lavery does not, nay cannot, ubit in England; uch I mean, whereby an abolute and unlimited power is given to the mater over the life and fortune of the lave. And indeed it is repugnant to reaon, and the principles of natural law, that uch a tate hould ubit any where. The three origins of the right of lavery, aigned by Jutinian, are all of them, built upon fale foundations. As, firt, lavery is held to arie "jure gentium" from a tate of captivity in war; whence laves are called mancipia, quai manu capti. The conqueror, ay the civilians, had a right to the life of his captive; and, having pared that, has a right to deal with him as he pleaes. But it is an untrue poition, when taken generally, that, by the law of nature or nations, a man may kill his enemy: he has only a right to kill him, in particular caes; in caes of abolute neceity, for elf-defence; and it is plain this abolute neceity did not ubit, ince the victor did not actually kill him, but made him prioner. War is itelf jutifiable only on principles of elf-preervation; and therefore it gives no other right over prioners, but merely to diable them from doing harm to us, by confining their perons: much les can it give a right to kill, torture, abue, plunder, or even to enlave, an enemy, when the war is over. Since therefore the right of making laves by captivity, depends on a uppoed right of laughter, that foundation failing, the conequence drawn from it mut fail likewie. But, econdly, it is aid that lavery may begin "jure civili;" when one man ells himelf to another. This, if only meant of contracts to erve or Rh