Their Own Bodies,
Even Against Them That Lawfully Invade Them
First therefore, seeing Soveraignty by Institution, is by Covenant of
every one to every one; and Soveraignty 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 14.
Chapter, that Covenants, not to defend a mans own body, are voyd.
Therefore,
Are Not Bound To Hurt Themselves;
If the Soveraign command a man (though justly condemned,) to kill,
wound, or mayme himselfe; or not to resist those that assault him; or
to abstain from the use of food, ayre, 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 Soveraign, or his Authority, concerning
a crime done by himselfe, he is not bound (without assurance of Pardon)
to confesse it; because no man (as I have shewn in the same Chapter) can
be obliged by Covenant to accuse himselfe.
Again, the Consent of a Subject to Soveraign Power, is contained in
these words, "I Authorise, or take upon me, all his actions;" in which
there is no restriction at all, of his own former naturall Liberty:
For by allowing him to Kill Me, I am not bound to Kill my selfe when
he commands me. "'Tis one thing to say 'Kill me, or my fellow, if you
please;' another thing to say, 'I will kill my selfe, or my fellow.'" It
followeth therefore, that
No man is bound by the words themselves, either to kill himselfe, or
any other man; And consequently, that the Obligation a man may sometimes
have, upon the Command of the Soveraign 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 refusall to obey, frustrates the End for which the
Soveraignty was ordained; then there is no Liberty to refuse: otherwise
there is.
Nor To Warfare, Unless They Voluntarily Undertake It
Upon this ground, a man that is commanded as a Souldier to fight against
the enemy, though his Soveraign have Right enough to punish his refusall
with death, may neverthelesse in many cases refuse, without Injustice;
as when he substituteth a sufficient Souldier in his place: for in this
case he deserteth not the service of the Common-wealth. And there is
allowance to be
|