The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
No man is bound by the words themselves, either to kill himself, or any
other man; and consequently, that the obligation a man may sometimes
have, upon the command of the sovereign to execute any dangerous, or
dishonourable office, dependeth not on the words of our submission; but
on the intention, which is to be understood by the end thereof. When
therefore our refusal to obey, frustrates the end for which the
sovereignty was ordained; then there is no liberty to refuse: otherwise
there is.
[Sidenote: Nor to warfare, unless they voluntarily undertake it.]
Upon this ground, a man that is commanded as a soldier to fight against
the enemy, though his sovereign have right enough to punish his refusal
with death, may nevertheless in many cases refuse, without injustice; as
when he substituteth a sufficient soldier in his place: for in this case
he deserteth not the service of the commonwealth. And there is allowance
to be made for natural timorousness; not only to women, of whom no such
dangerous duty is expected, but also to men of feminine courage. When
armies fight, there is on one side, or both, a running away; yet when
they do it not out of treachery, but fear, they are not esteemed to do
it unjustly, but dishonourably. For the same reason, to avoid battle, is
not injustice, but cowardice. But he that inrolleth himself a soldier,
or taketh imprest money, taketh away the excuse of a timorous nature;
and is obliged, not only to go to the battle, but also not to run from
it, without his captain’s leave. And when the defence of the
commonwealth, requireth at once the help of all that are able to bear
arms, every one is obliged; because otherwise the institution of the
commonwealth, which they have not the purpose, or courage to preserve,
was in vain.
To resist the sword of the commonwealth, in defence of another man,
guilty, or innocent, no man hath liberty; because such liberty, takes
away from the sovereign, the means of protecting us; and is therefore
destructive of the very essence of government. But in case a great many
men together, have already resisted the sovereign power unjustly, or
committed some capital crime, for which every one of them expecteth
death, whether have they not the liberty then to join together, and
assist, and defend one another? Certainly they have: for they but defend
their lives, which the guilty man may as well do, as the innocent. There
was indeed injustice in the first breach of their duty; their bearing of
arms subsequent to it, though it be to maintain what they have done, is
no new unjust act. And if it be only to defend their persons, it is not
unjust at all. But the offer of pardon taketh from them, to whom it is
offered, the plea of self-defence, and maketh their perseverance in
assisting, or defending the rest, unlawful.
[Sidenote: The greatest liberty of subjects, dependeth on the silence of
the law.]