The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
The obligation of subjects to the sovereign, is understood to last as
long, and no longer, than the power lasteth, by which he is able to
protect them. For the right men have by nature to protect themselves,
when none else can protect them, can by no covenant be relinquished. The
sovereignty is the soul of the commonwealth; which once departed from
the body, the members do no more receive their motion from it. The end
of obedience is protection; which, wheresoever a man seeth it, either in
his own, or in another’s sword, nature applieth his obedience to it, and
his endeavour to maintain it. And though sovereignty, in the intention
of them that make it, be immortal; yet is it in its own nature, not only
subject to violent death, by foreign war; but also through the
ignorance, and passions of men, it hath in it, from the very
institution, many seeds of a natural mortality, by intestine discord.
[Sidenote: In case of captivity.]
If a subject be taken prisoner in war; or his person, or his means of
life be within the guards of the enemy, and hath his life and corporal
liberty given him, on condition to be subject to the victor, he hath
liberty to accept the condition; and having accepted it, is the subject
of him that took him; because he had no other way to preserve himself.
The case is the same, if he be detained on the same terms, in a foreign
country. But if a man be held in prison, or bonds, or is not trusted
with the liberty of his body; he cannot be understood to be bound by
covenant to subjection; and therefore may, if he can, make his escape by
any means whatsoever.
[Sidenote: In case the sovereign cast off the government from himself
and his heirs.]
If a monarch shall relinquish the sovereignty, both for himself, and his
heirs; his subjects return to the absolute liberty of nature; because,
though nature may declare who are his sons, and who are the nearest of
his kin; yet it dependeth on his own will, as hath been said in the
precedent chapter, who shall be his heir. If therefore he will have no
heir, there is no sovereignty, nor subjection. The case is the same, if
he die without known kindred, and without declaration of his heir. For
then there can no heir be known, and consequently no subjection be due.
[Sidenote: In case of banishment.]
If the sovereign banish his subject; during the banishment, he is not
subject. But he that is sent on a message, or hath leave to travel, is
still subject; but it is, by contract between sovereigns, not by virtue
of the covenant of subjection. For whosoever entereth into another’s
dominion, is subject to all the laws thereof; unless he have a privilege
by the amity of the sovereigns, or by special licence.
[Sidenote: In case the sovereign render himself subject to another.]