The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
A covenant not to defend myself from force, by force, is always void.
For, as I have showed before, no man can transfer, or lay down his right
to save himself from death, wounds, and imprisonment, the avoiding
whereof is the only end of laying down any right; and therefore the
promise of not resisting force, in no covenant transferreth any right;
nor is obliging. For though a man may covenant thus, _unless I do so, or
so, kill me_; he cannot covenant thus, _unless I do so, or so, I will
not resist you, when you come to kill me_. For man by nature chooseth
the lesser evil, which is danger of death in resisting; rather than the
greater, which is certain and present death in not resisting. And this
is granted to be true by all men, in that they lead criminals to
execution, and prison, with armed men, notwithstanding that such
criminals have consented to the law, by which they are condemned.
[Sidenote: No man obliged to accuse himself.]
A covenant to accuse oneself, without assurance of pardon, is likewise
invalid. For in the condition of nature, where every man is judge, there
is no place for accusation: and in the civil state, the accusation is
followed with punishment; which being force, a man is not obliged not to
resist. The same is also true, of the accusation of those, by whose
condemnation a man falls into misery; as of a father, wife, or
benefactor. For the testimony of such an accuser, if it be not willingly
given, is presumed to be corrupted by nature; and therefore not to be
received: and where a man’s testimony is not to be credited, he is not
bound to give it. Also accusations upon torture, are not to be reputed
as testimonies. For torture is to be used but as means of conjecture,
and light, in the further examination, and search of truth: and what is
in that case confessed, tendeth to the ease of him that is tortured; not
to the informing of the torturers: and therefore ought not to have the
credit of a sufficient testimony: for whether he deliver himself by
true, or false accusation, he does it by the right of preserving his own
life.
[Sidenote: The end of an oath.]