The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
4. But he is said to part with his right, who either absolutely
renounceth it, or conveys it to another. He absolutely renounceth
it, who by some sufficient sign or meet tokens declares, that he is
willing that it shall never be lawful for him to do that again,
which before _by right_ he might have done. But he conveys it to
another, who by some sufficient sign or meet tokens declares to that
other, that he is willing it should be unlawful for him to resist
him, in going about to do somewhat in the performance whereof he
might before _with right_ have resisted him. But that the conveyance
of right consists merely in not resisting, is understood by this,
that before it was conveyed, he to whom he conveyed it, had even
then also a right to all; whence he could not give any new right;
but the resisting right he had before he gave it, by reason whereof
the other could not freely enjoy his rights, is utterly abolished.
Whosoever therefore acquires some right in the natural state of men,
he only procures himself security and freedom from just molestation
in the enjoyment of his primitive right. As for example, if any man
shall sell or give away a farm, he utterly deprives himself only
from all right to this farm; but he does not so others also.
[Sidenote: The will of the receiver must necessarily be declared,
before the right be conveyed.]
5. But in the conveyance of right, the will is requisite not only of
him that conveys, but of him also that accepts it. If either be
wanting, the right remains. For if I would have given what was mine
to one who refused to accept of it, I have not therefore either
simply renounced my right, or conveyed it to any man. For the cause
which moved me to part with it to this man, was in him only, not in
others too.
[Sidenote: Words convey not, except they relate to the time
present.]
6. But if there be no other token extant of our will either to quit
or convey our right, but only words; those words must either relate
to the present or time past; for if they be of the future only, they
convey nothing. For example, he that speaks thus of the time to
come, _I will give to-morrow_, declares openly that yet he hath not
given it. So that all this day his right remains, and abides
to-morrow too, unless in the interim he actually bestows it: for
what is mine, remains mine till I have parted with it. But if I
shall speak of the time present, suppose thus; _I do give or have
given you this to be received to-morrow_: by these words is
signified that I have already given it, and that his right to
receive it to-morrow is conveyed to him by me to-day.
[Sidenote: Words of the future suffice to convey, if other
testimonies of our will be not wanting.]