Quest. 3. To the third question, I answer, That the solution of this case is to be gathered from what is said already. A servant and a voluntary slave were both free-men, till they sold or hired themselves; and a criminal person was a free-man till he forfeited his life or liberty. But afterwards the difference is this; that, 1. A free servant is my servant, no further than his own covenant made him so; which is supposed to be, (1.) To a certain kind and measure of labour, according to the meaning of his contract. (2.) For a limited time, expressed in the contract, whether a year, or two, or three, or seven.
2. A slave by mere contract is one that, (1.) Usually selleth himself absolutely to the will of another as to his labour both for kind and measure; where yet the limitations of God and nature after (and before) named, are supposed among christians to take place. (2.) He is one that selleth himself to such labour, during life.
3. A slave by just penalty, is liable to so much servitude as the magistrate doth judge him to, which may be, (1.) Not only such labour, as aforesaid, as pleaseth his master to impose. (2.) And that for life. (3.) But it may be also to stripes and severities which might not lawfully be inflicted on another.
1. The limitations of a necessitated slavery by contract or consent through poverty are these: (1.) Such a one's soul must be cared for and preserved, though he should consent to the contrary. He must have time to learn the word of God, and time to pray, and he must rest on the Lord's day, and employ it in God's service; he must be instructed, and exhorted, and kept from sin. (2.) He may not be forced to commit any sin against God. (3.) He may not (though he forcedly consent) be denied such comforts of this life, as are needful to his cheerful serving of God in love and thankfulness, according to the peace of the gospel state; and which are called by the name of our daily bread. No man may deny a slave any of this, that is not a criminal, punished slave.
2. And the most criminal slave may not be forced to sin, nor denied necessary helps to his salvation. But he may penally be beaten and denied part of his daily bread; so it be not done more rigorously than true justice doth require.
Quest. But what if men buy negroes or other slaves of such as we have just cause to believe did steal them by piracy, or buy them of those that have no power to sell them, and not hire or buy them by their own consent, or by the consent of those that had power to sell them, nor take them captives in a lawful war, what must they do with them afterward?
Answ. 1. It is their heinous sin to buy them, unless it be in charity to deliver them. 2. Having done it, undoubtedly they are presently bound to deliver them; because by right the man is his own, and therefore no man else can have just title to him.
Quest. But may I not sell him again and make my money of him, seeing I leave him but as I found him?
Answ. No; because when you have taken possession of him, and a pretended propriety, then the injury that is done him is by you; which before was only by another. And though the wrong be no greater than the other did him, yet being now done by you it is your sin.
Quest. But may I not return him to him that I bought him of?