The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
particulars do cease; and he or they that have the sovereign power,
doth for them all, demand, and vindicate under the name of his, that
which before they called in the plural, theirs.
[Sidenote: Obedience discharged by release, &c.]
12. We have seen how particular men enter into subjection, by
transferring their rights; it followeth to consider, how such
subjection may be discharged. And first, if he or they that have the
sovereign power, shall relinquish the same voluntarily, there is no
doubt, but every man is again at liberty to obey, or not. Likewise,
if he or they retaining the sovereignty over the rest, do
nevertheless exempt some one or more, from their subjection, every
man so exempted, is discharged. For he or they to whom any man is
obliged, hath the power to release him.
[Sidenote: How such releases are to be understood.]
13. And here it is to be understood, that when he or they that have
the sovereign power, give such exemption, or privilege, to a
subject, as is not separable from the sovereignty, and nevertheless
directly retaineth the sovereign power, not knowing the consequence
of the privilege they grant, the person or persons exempted or
privileged, are not thereby released. For in contradictory
significations of the will (_Human Nature_, chap. XIII. sect. 9),
that which is directly signified, is to be understood for the will,
before that which is drawn from it by consequence.
[Sidenote: Obedience discharged by exile.]
14. Also exile perpetual, is a release of subjection, forasmuch, as
being out of the protection of the sovereignty that expelled him, he
hath no means of subsisting but from himself. Now every man may
lawfully defend himself, that hath no other defence; else there had
been no necessity that any man should enter into voluntary
subjection, as they do in commonwealths.
[Sidenote: By conquest.]
15. Likewise a man is released of his subjection by conquest. For
when it cometh to pass, that the power of a commonwealth is
overthrown, and any particular man thereby lying under the sword of
his enemy, yieldeth himself captive, he is thereby bound to serve
him that taketh him, and consequently discharged of his obligation
to the former. For no man can serve two masters.
[Sidenote: By ignorance of the right of succession.]
16. Lastly, ignorance of the succession dischargeth obedience. For
no man can be understood to be obliged to obey he knoweth not whom.
CHAPTER III.
1, 2. Titles to dominion: master and servant, &c. 3. Chains and
other, &c. Bonds, &c. Slave defined. 4. Servants have no
property against their lord, &c. 5. The master hath right to
alienate his servant. 6. The servant of the servant, &c. 7. How
servitude is discharged. 8. The middle lord, &c. 9. The title of
man, &c. over beasts.
[Sidenote: Titles to dominion; master and servant, &c.]