To come now to the particulars of the true Liberty of a Subject; that is
to say, what are the things, which though commanded by the Soveraign, he
may neverthelesse, without Injustice, refuse to do; we are to consider,
what Rights we passe away, when we make a Common-wealth; or (which is
all one,) what Liberty we deny our selves, by owning all the Actions
(without exception) of the Man, or Assembly we make our Soveraign. For
in the act of our Submission, consisteth both our Obligation, and
our Liberty; which must therefore be inferred by arguments taken from
thence; there being no Obligation on any man, which ariseth not from
some Act of his own; for all men equally, are by Nature Free. And
because such arguments, must either be drawn from the expresse words, "I
Authorise all his Actions," or from the Intention of him that submitteth
himselfe to his Power, (which Intention is to be understood by the End
for which he so submitteth;) The Obligation, and Liberty of the Subject,
is to be derived, either from those Words, (or others equivalent;) or
else from the End of the Institution of Soveraignty; namely, the Peace
of the Subjects within themselves, and their Defence against a common
Enemy.
Subjects Have Liberty To Defend Their Own Bodies, Even Against Them
That Lawfully Invade Them
First therefore, seeing Soveraignty by Institution, is by Covenant of
every one to every one; and Soveraignty by Acquisition, by Covenants of
the Vanquished to the Victor, or Child to the Parent; It is manifest,
that every Subject has Liberty in all those things, the right whereof
cannot by Covenant be transferred. I have shewn before in the 14.
Chapter, that Covenants, not to defend a mans own body, are voyd.
Therefore,
Are Not Bound To Hurt Themselves;
If the Soveraign command a man (though justly condemned,) to kill,
wound, or mayme himselfe; or not to resist those that assault him; or
to abstain from the use of food, ayre, medicine, or any other thing,
without which he cannot live; yet hath that man the Liberty to disobey.
If a man be interrogated by the Soveraign, or his Authority, concerning
a crime done by himselfe, he is not bound (without assurance of Pardon)
to confesse it; because no man (as I have shewn in the same Chapter) can
be obliged by Covenant to accuse himselfe.
Again, the Consent of a Subject to Soveraign Power, is contained in
these words, "I Authorise, or take upon me, all his actions;" in which
there is no restriction at all, of his own former naturall Liberty:
For by allowing him to Kill Me, I am not bound to Kill my selfe when
he commands me. "’Tis one thing to say ‘Kill me, or my fellow, if you
please;’ another thing to say, ‘I will kill my selfe, or my fellow.’" It
followeth therefore, that