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liberty-第8章

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eason; that those who are easily enclined to doe well to others; should be oblig'd by every promise; testifying their present good affection: And for this cause; a promiser in this kind; must be understood to have time to deliberate; and power to change that affection as well as he to whom he made that promise; may alter his desert。 But he that deliberates; is so farre forth free; nor can be said to have already given: But if he promise often; and yet give seldome; he ought to be condemn'd of levity; and be called not a Donour; but Doson。     IX。 But the act of two; or more; mutually conveighing their Rights; is call'd a Contract。 But in every Contract; either both parties instantly performe what they contract for; insomuch as there is no trust had from either to other; or the one performes; the other is trusted; or neither performe。 Where both parties performe presently; there the Contract is ended; as soon as 'tis performed; but where there is credit given either to one; or both; there the party trusted promiseth after…performance; and this kind of promise is called a COVENANT。     X。 But the Covenant made by the party trusted with him; who hath already performed; although the promise be made by words pointing at the future; doth no lesse transfer the right of future time; then if it had been made by words signifying the present; or time past: for the others performance is a most manifest signe that he so understood the speech of him whom he trusted; as that he would certainly make performance also at the appointed time; and by this signe the party trusted knew himselfe to be thus understood; which; because he hindred not; 'twas an evident token of his Will to performe。 The promises therefore which are made for some benefit received (which are also Covenants) are Tokens of the Will; that is; (as in the foregoing Section hath been declared) of the last act of deliberating; whereby the liberty of non…performance is abolisht; and by consequence are obligatory; for where Liberty ceaseth; there beginneth Obligation。     XI。 But the Covenants; which are made in contract of mutuall trust; neither party performing out of hand; if there arise a just suspicion in either of them; are in the state of nature invalid: for he that first performes by reason of the wicked disposition of the greatest part of men studying their owne advantage; either by right; or wrong; exposeth himself to the perverse will of him with whom he hath Contracted; for it suites not with reason; that any man should performe first; if it be not likely that the other will make good his promise after; which; whether it be probable; or not; he that doubts it; must be judge of; as hath been shewed in the foregoing Chapter in the 9。 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 100 l。 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。     XVIII。 No man is oblig'd by any Contracts whatsoever not to resist him who shall offer to kill; wound; or any other way hurt his Body; for there is in every man a certain high degree of feare through which he apprehends that evill which is done to him to be the greatest; and therefore by naturall necessity he shuns it all he can; and 'tis suppos'd he can doe no otherwise: When a man is arrived to this degree of fear; we cannot expect but he will provide for himself either by flight; or fight。 Since therefore no man is tyed to impossibilities; they who are threatned either with deathe (which is the greatest evill to nature) or wounds; or some other bodily hurts; and are not stout enough to bear them; are not obliged to endure them。 Farthermore; he that is tyed by Contract is trusted; (for Faith only is the Bond of Contracts) but they who are brought to punishment; either Capitall; or more gentle; are fettered; or strongly guarded; which is a most certain signe that they seem' d not sufficiently bound from non resistance by their Contracts。 Its one thing if I promise thus: If I doe it not at the day appointed; kill me。 Another thing if thus: If I doe it not; though you should offer
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