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
[Sidenote: In covenants, we pass away our rights by words signifying
the future.]
10. 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 less transfer the right of future time, than if
it had been made by words signifying the present or time past. For
the other’s performance is a most manifest sign 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
sign the party trusted knew himself to be thus understood; which
because he hindered not, was an evident token of his will to
perform. 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 abolished,
and by consequence are obligatory. For where liberty ceaseth, there
beginneth obligation.
[Sidenote: Covenants, in the state of nature, are in vain and of
none effect: not so in civil government.]
11. But the covenants which are made in contract of mutual trust,
neither party performing out of hand, if there arise[5] a just
suspicion in either of them, are in the state of nature invalid. For
he that first performs, by reason of the wicked disposition of the
greatest part of men studying their own advantage either by right or
wrong, exposeth himself to the perverse will of him with whom he
hath contracted. For it suits not with reason, that any man should
perform 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 showed in the foregoing chapter in
the ninth article. Thus, I say, things stand in the state of nature.
But in a civil state, when there is a power which can compel both
parties, he that hath contracted to perform first, must first
perform; because, that since the other may be compelled, the cause
which made him fear the other’s non-performance, ceaseth.
Footnote 5:
_Arise._] For, except there appear some new cause of fear, either
from somewhat done, or some other token of the will not to perform
from the other part, it cannot be judged 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.
[Sidenote: That no man can make compacts with beasts; neither with
God, without revelation.]