第13章 Of the Law of Nature concerning Contracts(3)

Article.Thus,I say,things stand in the state of nature,but in a Civill State,when there is a power which can compell both parties,he that hath contracted to perform first,must first performe;because,that since the other may be compell'd,the cause which made him fear the others non-performance,ceaseth.

Arise]For,except there appear some new cause of fear,either from somewhat done,or some other token of the till not to performe from the other part,it cannot be judg'd to be a just fear;for the cause which was not sufficient to keep him from making Compact,must not suffice to authorize the breach of it,being made.

XII.But from this reason,that in all Free-gifts,and Compacts,there is an acceptance of the conveighance of Right required:it followes,that no man can Compact with him who doth not declare his acceptance;and therefore we cannot compact with Beasts,neither can we give,or take from them any manner of Right,by reason of their want of speech,and understanding,Neither can any man Covenant with God,or be oblig'd to him by Vow,except so far forth as it appeares to him by Holy Scriptures,that he hath substituted certaine men who have authority to accept of such like Vowes and Covenants,as being in Gods stead.

XIII.Those therefore doe vow in vain,who are in the state of nature,where they are not tyed by any Civill Law,(except by most certain Revelation the Will of God to accept their Vow,or Pact,be made known to them)for if what they Vow,be contrary to the Law of Nature,they are not tyed by their Vow,for no man is tyed to perform an unlawfull act;but if what is vowed,be commanded by some Law of nature,it is not their Vow,but the Law it self which ties them;but if he were free before his vow,either to doe it,or not doe it,his liberty remaines,because that the openly declar'd Will of the obliger is requisite to make an obligation by Vow,which in the case propounded is suppos'd not to be:Now I call him the Obliger to whom any one is tyed,and the Obliged him who is tyed.

XIV.Covenants are made of such things onely as fall under our deliberation,for it can be no Covenant without the Will of the Contractor,but the Will is the last act of him who deliberates;therefore they onely concerne things possible,and to come;no man therefore,by his Compact,obligeth himself to an impossibility.But yet,though we often Covenant to doe such things as then seem'd possible when we promis'd them,which yet afterward appear to be impossible,are we therefore freed from all obligation?The reason whereof is,that he who promiseth a future incertainty receives a present benefit;on condition,that he return another for it:for his Will,who performes the present benefit hath simply before it,for its object,a certain good valuable with the thing promised;but the thing it selfe not simply,but with condition if it could be done;but if it should so happen,that even this should prove impossible,why then he must perform as much as he can.Covenants therefore oblige us not to perform just the thing it selfe covenanted for,but our utmost endeavour.for this onely is,the things themselves are not in our power.

XV.We are freed from Covenants two wayes,either by performing,or by being forgiven:By performing,for beyond that we oblig'd not our selves.By being for-given,because he whom we oblig'd our selves to by forgiving,is conceiv'd to return us that Right which we past over to him;for,forgiving,implies giving:that is,by the fourth Article of this Chapter,a conveyance of Right to him to whom the gift is made.

XVI.Its an usuall question,Whether Compacts extorted from us,through fear,do oblige,or not:For example,If to redeeme my life,from the power of a Robber,I promise to pay him 100l.

next day;and that I will doe no act whereby to apprehend,and bring him to Justice,whether I am tyed to keep promise,or not?

But though such a Promise must sometimes be judged to be of no effect,yet it is not to be accounted so,because it proceeded from fear,for then it would follow that those promises which reduc'd men to a civill life,and by which Lawes were made,might likewise be of none effect,(for it proceeds from fear of mutuall slaughter,that one man submits himselfe to the Dominion of another:)And he should play the fool finely,who should trust his captive covenanting with the price of his redemption.It holds universally true,that promises doe oblige when there is some benefit received;and that to promisee and the thing promised,be lawfull:But it is lawfull,for the redemption of my life,both to promise,and to give what I will of mine owne to any man,even to a Thief.We are oblig'd therefore.by promises proceeding from fear,except the Civill Law forbid them,by vertue whereof,that which is promised becomes unlawfull.

XVII.Whosoever shall contract with one to doe,or omit somewhat,and shall after Covenant the contrary with another;he maketh not the former,but the latter Contract unlawfull:for,he hath no longer Right to doe,or to omit ought,who by former Contracts hath conveyed it to another;wherefore he can conveigh no Right by latter Contracts,and what is promised,is promis'd without Right:He is therefore tyed onely to his first Contract;to break which is unlawfull.