The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
7. Nevertheless, although words alone are not sufficient tokens to
declare the will; if yet to words relating to the future there shall
some other signs be added, they may become as valid as if they had
been spoken of the present. If therefore, as by reason of those
other signs, it appear that he that speaks of the future, intends
those words should be effectual toward the perfect transferring of
his right, they ought to be valid. For the conveyance of right
depends not on words, but, as hath been instanced in the fourth
article, on the declaration of the will.
[Sidenote: In matters of free gift, words of the future convey no
right.]
8. If any man convey some part of his right to another, and doth not
this for some certain benefit received, or for some compact, a
conveyance in this kind is called a gift or free donation. But in
free donation, those words only oblige us, which signify the present
or the time past; for if they respect the future, they oblige not as
_words_, for the reason given in the foregoing article. It must
needs therefore be, that the obligation arise from some other tokens
of the will. But, because whatsoever is voluntarily done, is done
for some good to him that wills it; there can no other token be
assigned of the will to give it, except some benefit either already
received, or to be acquired. But it is supposed that no such benefit
is acquired, nor any compact in being; for if so, it would cease to
be a free gift. It remains therefore, that a mutual good turn
without agreement be expected. But no sign can be given, that he,
who used future words toward him who was in no sort engaged to
return a benefit, should desire to have his words so understood as
to oblige himself thereby. Nor is it suitable to reason, that those
who are easily inclined to do well to others, should be obliged 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 far forth free, nor can be said to have already
given. But if he promise often, and yet give seldom, he ought to be
condemned of levity, and be called not a donor, but doson.
[Sidenote: The definition of contract and covenant.]
9. But the act of two, or more, mutually conveying their rights, is
called a _contract_. But in every contract, either both parties
instantly perform what they contract for, insomuch as there is no
trust had from either to other; or the one performs, the other is
trusted; or neither perform. Where both parties perform presently,
there the contract is ended as soon as it is 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_.