The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
3. When a man divesteth and putteth from himself his right, he
either simply relinquisheth it, or transferreth the same to another
man. To _relinquish_ it, is by sufficient signs to declare, that it
is his will no more to do that action, which of right he might have
done before. To _transfer_ right to another, is by sufficient signs
to declare to that other accepting thereof, that it is his will not
to resist, or hinder him, according to that right he had thereto
before he transferred it. For seeing that by nature every man hath
right to every thing, it is impossible for a man to transfer unto
another any right that he had not before. And therefore all that a
man doth in transferring of right, is no more but a declaring of the
will, to suffer him, to whom he hath so transferred his right, to
make benefit of the same, without molestation. As for example, when
a man giveth his lands or goods to another, he taketh from himself
the right to enter into, and make use of the said lands or goods, or
otherwise to hinder him of the use of what he hath given.
[Sidenote: The will to transfer, and the will to accept, both
necessary to the passing away of right.]
4. In transferring of right, two things therefore are required: one
on the part of him that transferreth, which is a sufficient
signification of his will therein; the other, on the part of him to
whom it is transferred, which is a sufficient signification of his
acceptation thereof. Either of these failing, the right remaineth
where it was: nor is it to be supposed, that he which giveth his
right to one that accepteth it not, doth thereby simply relinquish
it, and transfer it to whomsoever will receive it: inasmuch as the
cause of transferring the same to one, rather than to another, is in
the one, rather than in the rest.
[Sidenote: Right not transferred by words _de futuro_ only.]
5. When there appear no other signs that a man hath relinquished, or
transferred his right, but only words, it behoveth that the same be
done in words, that signify the present time, or the time past, and
not only the time to come. For he that saith of the time to come, as
for example, to-morrow I will give, declareth evidently, that he
hath not yet given. The right, therefore, remaineth in him to-day,
and so continues, till he have given actually. But he that saith, I
give, presently, or have given to another anything, to have and
enjoy the same to-morrow, or any other time further, hath now
actually transferred the said right, which otherwise he should have
had at the time that the other is to enjoy it.
[Sidenote: Words _de futuro_, together with other signs of the will,
may transfer right.]