The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
From hence it followeth, that when the actor maketh a covenant by
authority, he bindeth thereby the author, no less than if he had made it
himself; and no less subjecteth him to all the consequences of the same.
And therefore all that hath been said formerly, (chap. XIV) of the
nature of covenants between man and man in their natural capacity, is
true also when they are made by their actors, representers, or
procurators, that have authority from them, so far forth as is in their
commission, but no further.
And therefore he that maketh a covenant with the actor, or representer,
not knowing the authority he hath, doth it at his own peril. For no man
is obliged by a covenant, whereof he is not author; nor consequently by
a covenant made against, or beside the authority he gave.
[Sidenote: But not the actor.]
When the actor doth anything against the law of nature by command of the
author, if he be obliged by former covenant to obey him, not he, but the
author breaketh the law of nature; for though the action be against the
law of nature; yet it is not his: but contrarily, to refuse to do it, is
against the law of nature, that forbiddeth breach of covenant.
[Sidenote: The authority is to be shown.]
And he that maketh a covenant with the author, by mediation of the
actor, not knowing what authority he hath, but only takes his word; in
case such authority be not made manifest unto him upon demand, is no
longer obliged: for the covenant made with the author, is not valid,
without his counter-assurance. But if he that so covenanteth, knew
beforehand he was to expect no other assurance, than the actor’s word;
then is the covenant valid; because the actor in this case maketh
himself the author. And therefore, as when the authority is evident, the
covenant obligeth the author, not the actor; so when the authority is
feigned, it obligeth the actor only; there being no author but himself.
[Sidenote: Things personated, inanimate.]
There are few things, that are incapable of being represented by
fiction. Inanimate things, as a church, an hospital, a bridge, may be
personated by a rector, master, or overseer. But things inanimate,
cannot be authors, nor therefore give authority to their actors: yet the
actors may have authority to procure their maintenance, given them by
those that are owners, or governors of those things. And therefore, such
things cannot be personated, before there be some state of civil
government.
[Sidenote: Irrational.]
Likewise children, fools, and madmen that have no use of reason, may be
personated by guardians, or curators; but can be no authors, during that
time, of any action done by them, longer than, when they shall recover
the use of reason, they shall judge the same reasonable. Yet during the
folly, he that hath right of governing them, may give authority to the
guardian. But this again has no place but in a state civil, because
before such estate, there is no dominion of persons.
[Sidenote: False gods.]