The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
18. No man is obliged by any contracts whatsoever not to resist him
who shall offer to kill, wound, or any other way hurt his body. For
there is in every man a certain high degree of fear, through which
he apprehends that evil which is done to him to be the greatest; and
therefore by natural necessity he shuns it all he can, and it is
supposed he can do no otherwise. When a man is arrived to this
degree of fear, we cannot expect but he will provide for himself
either by flight or fight. Since therefore no man is tied to
impossibilities, they who are threatened either with death, (which
is the greatest evil to nature), or wounds, or some other bodily
hurts, and are not stout enough to bear them, are not obliged to
endure them. Furthermore, he that is tied by contract is trusted;
for faith only is the bond of contracts; but they who are brought to
punishment, either capital or more gentle, are fettered or strongly
guarded; which is a most certain sign that they seemed not
sufficiently bound from non-resistance by their contracts. It is one
thing, if I promise thus: if I do it not at the day appointed, kill
me. Another thing, if thus: if I do it not, though you should offer
to kill me, I will not resist. All men, if need be, contract the
first way, and there is need sometimes. This second way, none;
neither is it ever needful. For in the mere state of nature, if you
have a mind to kill, that state itself affords you a right; insomuch
as you need not first trust him, if for breach of trust you will
afterwards kill him. But in a civil state, where the right of life
and death and of all corporal punishment is with the supreme, that
same right of killing cannot be granted to any private person.
Neither need the supreme himself contract with any man patiently to
yield to his punishment; but only this, that no man offer to defend
others from him. If in the state of nature, as between two realms,
there should a contract be made on condition of killing if it were
not performed, we must presuppose another contract of not killing
before the appointed day. Wherefore on that day, if there be no
performance, the right of war returns, that is a hostile state, in
which all things are lawful, and therefore resistance also. Lastly,
by the contract of not resisting, we are obliged, of two evils to
make choice of that which seems the greater. For certain death is a
greater evil than fighting. But of two evils it is impossible not to
choose the least. By such a compact, therefore, we should be tied to
impossibilities; which is contrary to the very nature of compacts.
[Sidenote: The compact of self-accusation is invalid.]