The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
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 sovereign, he
may nevertheless, without injustice, refuse to do; we are to consider,
what rights we pass away, when we make a commonwealth; or, which is all
one, what liberty we deny ourselves, by owning all the actions, without
exception, of the man, or assembly we make our sovereign. 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 express words, _I
authorize all his actions_, or from the intention of him that submitteth
himself 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 sovereignty, namely, the peace of the
subjects within themselves, and their defence against a common enemy.
[Sidenote: Subjects have liberty to defend their own bodies, even
against them that lawfully invade them.]
First therefore, seeing sovereignty by institution, is by covenant of
every one to every one; and sovereignty 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 14th
chapter, that covenants, not to defend a man’s own body, are void.
Therefore,
[Sidenote: Are not bound to hurt themselves.]
If the sovereign command a man, though justly condemned, to kill, wound,
or maim himself; or not to resist those that assault him; or to abstain
from the use of food, air, 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 sovereign, or his authority, concerning
a crime done by himself, he is not bound, without assurance of pardon,
to confess it; because no man, as I have shown in the same chapter, can
be obliged by covenant to accuse himself.
Again, the consent of a subject to sovereign power, is contained in
these words, _I authorize, or take upon me, all his actions_; in which
there is no restriction at all, of his own former natural liberty: for
by allowing him to _kill me_, I am not bound to kill myself when he
commands me. It is one thing to say, _kill me, or my fellow, if you
please_; another thing to say, _I will kill myself, or my fellow_. It
followeth therefore, that