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but onely standeth out of his way, that he may enjoy his own
originall Right, without hindrance from him; not without hindrance
from another. So that the effect which redoundeth to one man,
by another mans defect of Right, is but so much diminution of
impediments to the use of his own Right originall.
Renouncing A Right What It Is
Transferring Right What
Obligation Duty Justice
Right is layd aside, either by simply Renouncing it; or by
Transferring it to another. By Simply RENOUNCING; when he cares not
to whom the benefit thereof redoundeth. By TRANSFERRING;
when he intendeth the benefit thereof to some certain person,
or persons. And when a man hath in either manner abandoned,
or granted away his Right; then is he said to be OBLIGED, or BOUND,
not to hinder those, to whom such Right is granted, or abandoned,
from the benefit of it: and that he Ought, and it his DUTY,
not to make voyd that voluntary act of his own: and that such
hindrance is INJUSTICE, and INJURY, as being Sine Jure; the Right being
before renounced, or transferred. So that Injury, or Injustice,
in the controversies of the world, is somewhat like to that,
which in the disputations of Scholers is called Absurdity.
For as it is there called an Absurdity, to contradict what one
maintained in the Beginning: so in the world, it is called Injustice,
and Injury, voluntarily to undo that, which from the beginning
he had voluntarily done. The way by which a man either simply
Renounceth, or Transferreth his Right, is a Declaration,
or Signification, by some voluntary and sufficient signe, or signes,
that he doth so Renounce, or Transferre; or hath so Renounced,
or Transferred the same, to him that accepteth it. And these Signes
are either Words onely, or Actions onely; or (as it happeneth most often)
both Words and Actions. And the same are the BONDS, by which men
are bound, and obliged: Bonds, that have their strength, not from
their own Nature, (for nothing is more easily broken then a mans word,)
but from Feare of some evill consequence upon the rupture.
Not All Rights Are Alienable
Whensoever a man Transferreth his Right, or Renounceth it;
it is either in consideration of some Right reciprocally transferred
to himselfe; or for some other good he hopeth for thereby.
For it is a voluntary act: and of the voluntary acts of every man,
the object is some Good To Himselfe. And therefore there be some Rights,
which no man can be understood by any words, or other signes,
to have abandoned, or transferred. As first a man cannot lay down
the right of resisting them, that assault him by force, to take
away his life; because he cannot be understood to ayme thereby,
at any Good to himselfe. The same may be sayd of Wounds, and Chayns,
and Imprisonment; both because there is no benefit consequent to
such patience; as there is to the patience of suffering another
to be wounded, or imprisoned: as also because a man cannot tell,
when he seeth men proceed against him by violence, whether they
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