Downing College,
Cambridge.
15 Nov. 1903.
Your very kind letter of the 4th is exactly what I wanted. But surely there is nothing "odd" in my asking you questions which you of living men can answer best. It would be odd if I went elsewhere.
The brief in Howe v. Morse is extremely interesting. I think that an English Court would take your view in such a case, but when it comes to questions about legacies our judges sometimes say things which stray from the path of rectitude as drawn by Prof. Gray.
I have been trying all this summer to finish an essay designed to explain to Germans the nature of a trust, and especially the manner in which the trust enabled us to keep alive all sorts of "bodies" which were not technically corporate. I am obliged now to flee to the Canaries leaving this unfinished, for a particularly fraudulent summer has made me very useless. Some one ought to explain our trust to the world at large, for I am inclined to think that the construction thereof is the greatest feat that men of our race have performed in the field of jurisprudence. Whether I shall be able to do this remains to be seen—but it ought to be done.
To Leslie Stephen.
Leon y Castillo 5,
Telde,
Gran Canaria.
6 Dec. 1903.
I fear that I must not carry my good wishes beyond the point of hoping that the improvement that I saw last time I visited you has gone further and that at any rate you are easy and free from pain. I have just had a week in this island. Part of it I spent foolishly in bed but now I am in a delightful atmosphere and have been thoroughly enjoying your Hobbes. It is worthy of you, and you know what I mean when I say that. I have been all through it once and have corrected most of the typists errors. A few little points must stand over until I can command the whole of the "Works" (I only brought two volumes with me) but they are not of such a kind as would prevent the copy going to the printers, and I propose to send it to them very soon, for they will let me keep the stuff in type until I am again in England. The difficulties to which I refer are words occurring in your quotations from Hobbes—just here and there your writing beats me, but a few minutes with Molesworth will settle the matter....
I think I told you that in my estimate you have written, more rather than less, your due tale of words. I shall add nothing save some tag which will serve as a substitute for the missing end of the final paragraph (said tag I may be able to submit to you) and I shall omit nothing save trifles unless the publishers insist.
I have been speculating as to what T. H. would have said had he lived until 1688. If it becomes clear that your "sovereign" is going to acknowledge the pope's claims, this of course is no breach of any contract between ruler and ruled (for there is no such contract) but is there not an abdication? Putting theory out of the question, which would the old gentleman have disliked most, Revolution against Leviathan, or a Leviathan with the Roman fisherman's hook in his nose?
Well he was a delightful old person and deserved the expositor whom he has found.