The authority of a Master over his Servants Section IThe condition of servants in the primitive ages of the world In the foregoing chapters we have surveyed the principal distinctions of rank which occur among the free inhabitants of a country, and have endeavoured to mark the progress of society, with regard to the power of the husband, the father, and the civil magistrate.It may now be proper to consider the state of the servants, and to observe the degrees of authority which the laws and custom of different nations have bestowed upon the master.
From the situation of mankind in rude and barbarous countries, we may easily conceive in what manner any one person is, at first, reduced to be the servant of another.Before the manners of men are civilized, and a regular government has been established, persons of small fortune are subject to great inconveniencies from the disorder and violence of the times, and are frequently obliged to solicit the assistance and protection of some powerful neighbour, by whom they are entertained in the station of vassals or military dependents.But those who, from their idleness, have acquired nothing, or who, by accident, have been deprived of their possessions, are necessarily exposed to much more severe calamities.They have no room or encouragement for the exercise of those beneficial trades and professions, the effects of luxury and refinement, by which, in a polished nation, a multitude of people are enabled to live in a comfortable manner.In many cases, therefore, they are under the necessity of serving some opulent person, who, upon account of their labour, is willing to maintain them; and as they are entirely dependent upon him for their subsistence, they are engaged, according to his circumstances, and according to the qualifications they possess, in all the mean and servile occupations which may be requisite for the convenience and support of his family.
In early ages, when neighbouring tribes or nations are almost continually engaged in mutual hostilities, it frequently happens that one of the parties, is totally reduced under the power of another.The use that is made of a victory, upon these occasions, is such as might be expected from a fierce and barbarous people, who have too little experience or reflection to discover the utility of carrying on the trade of war with some degree of humanity.The vanquished are often put to death, in order to gratify a spirit of revenge; or, if they are spared, it is only from the consideration that their future labour and service will be of more advantage to the conqueror.As in those times every individual goes out to battle at his own charges, so he claims a proportional share of the profits arising from the expedition;and of consequence obtains the absolute disposal of the captives whom he has procured by his valour, or who, in a division of the booty, are bestowed upon him as the reward of his merit.
This ancient acquisition of servants by captivity gave rise, in subsequent periods, to another method of acquiring them, by the sentence of a judge.In the primitive state of society, the public was not invested with sufficient power to punish the crimes that were committed; and when a difference arose between individuals, the injured Party had frequently no other way of procuring redress than by ****** war upon the offender, and reducing him into captivity.In more civilized ages, when the magistrate was enabled to restrain these disorders, he sometimes afforded the same redress by his own authority, and assigned the labour and service of the criminal as an indemnification to the sufferer for the loss he had sustained.
By these three methods, by captivity, by the voluntary submission of the indigent, or by the sentence of a judge, many are reduced into a state of unlimited subjection, and become the servants of those who are opulent and prosperous.It may be questioned, in such a case, how far a person is intitled to make use of that power which fortune has put into his hands.It is difficult to ascertain the degree of authority which, from the principles of justice and humanity, we are, in any situation, permitted to assume over our fellow-creatures.But the fact admits of no question, that people have commonly been disposed to use their power in such a manner as appears most conducive to their interest, and most agreeable to their predominant passions.
It is natural to suppose that the master would let no bounds to his prerogative over those unhappy persons who, from their circumstances, were under the necessity of yielding an implicit obedience to his commands.He forced them to labour as much, and gave them as little in return for it as possible.When he found them negligent of their employment, he bestowed upon them such correction as he thought proper'.and, actuated by the boisterous dispositions of a savage, he was in some cases provoked to chastise them with a degree of severity, by which they might even be deprived of their life.When he had no use for their work, or when a good opportunity was presented, he endeavoured by a sale to dispose of them to the highest advantage.When he chose to increase the number of his servants, he sometimes encouraged and directed their multiplication; and the same authority which he exercised over the parents was extended to their offspring, whom he had been at the trouble of rearing, and who were equally dependent upon him for their subsistence.
To be a servant, therefore, in those primitive times, was almost universally the same thing as to be a slave.The master assumed an unlimited jurisdiction over his servants, and the privilege of selling them at pleasure.He gave them no wages beside their maintenance; and he allowed them to have no property, but claimed to his own use whatever, by their labour or by any other means, they happened to acquire.
