r: but we see he was forced to appeal to heaven. The Lord the
Judge (says he) be judge this day between the children of Israel and the
children of Ammon, Judg. xi. 27. and then prosecuting, and relying on
his appeal, he leads out his army to battle: and therefore in such
controversies, where the question is put, who shall be judge? It cannot
be meant, who shall decide the controversy; every one knows what Jephtha
here tells us, that the Lord the Judge shall judge. Where there is no
judge on earth, the appeal lies to God in heaven. That question then
cannot mean, who shall judge, whether another hath put himself in a
state of war with me, and whether I may, as Jephtha did, appeal to
heaven in it? of that I myself can only be judge in my own conscience,
as I will answer it, at the great day, to the supreme judge of all men.

CHAPTER. IV.

OF SLAVERY.

Sect. 22. THE natural liberty of man is to be free from any superior
power on earth, and not to be under the will or legislative authority of
man, but to have only the law of nature for his rule. The liberty of
man, in society, is to be under no other legislative power, but that
established, by consent, in the commonwealth; nor under the dominion of
any will, or restraint of any law, but what that legislative shall
enact, according to the trust put in it. Freedom then is not what Sir
Robert Filmer tells us, Observations, A. 55. a liberty for every one to
do what he lists, to live as he pleases, and not to be tied by any laws:
but freedom of men under government is, to have a standing rule to live
by, common to every one of that society, and made by the legislative
power erected in it; a liberty to follow my own will in all things,
where the rule prescribes not; and not to be subject to the inconstant,
uncertain, unknown, arbitrary will of another man: as freedom of nature
is, to be under no other restraint but the law of nature.

Sect. 23. This freedom from absolute, arbitrary power, is so necessary
to, and closely joined with a man's preservation, that he cannot part
with it, but by what forfeits his preservation and life together: for a
man, not having the power of his own life, cannot, by compact, or his
own consent, enslave himself to any one, nor put himself under the
absolute, arbitrary power of another, to take away his life, when he
pleases. No body can give more power than he has himself; and he that
cannot take away his own life, cannot give another powe