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 intend his death or not. And lastly the motive, and end for which
this renouncing, and transferring or Right is introduced, is nothing
else but the security of a mans person, in his life, and in the means of
so preserving life, as not to be weary of it. And therefore if a man by
words, or other signes, seem to despoyle himselfe of the End, for which
those signes were intended; he is not to be understood as if he meant
it, or that it was his will; but that he was ignorant of how such words
and actions were to be interpreted.
Contract What
The mutuall transferring of Right, is that which men call CONTRACT.
There is difference, between transferring of Right to the Thing; and
transferring, or tradition, that is, delivery of the Thing it selfe. For
the Thing may be delivered together with the Translation of the Right;
as in buying and selling with ready mony; or exchange of goods, or
lands: and it may be delivered some time after.
Covenant What
Again, one of the Contractors, may deliver the Thing contracted for on
his part, and leave the other to perform his part at some determinate
time after, and in the mean time be trusted; and then the Contract on
his part, is called PACT, or COVENANT: Or both parts may contract now,
to performe hereafter: in which cases, he that is to performe in time
to come, being trusted, his performance is called Keeping Of Promise, or
Faith; and the fayling of performance (if it be voluntary) Violation Of
Faith.
Free-gift
When the transferring of Right, is not mutuall; but one of the parties
transferreth, in hope to gain thereby friendship, or service from
another, or from his friends; or in hope to gain the reputation of
Charity, or Magnanimity; or to deliver his mind from the pain of
compassion; or in hope of reward in heaven; This is not Contract, but
GIFT, FREEGIFT, GRACE: which words signifie one and the same thing.
Signes Of Contract Expresse