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
12. But from this reason, that in all free gifts and compacts there
is an acceptance of the conveyance of right required: it follows
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 obliged to him by vow; except so far forth as it appears
to him by Holy Scriptures, that he hath substituted certain men who
have authority to accept of such-like vows and covenants, as being
in God’s stead.
[Sidenote: Nor yet vow to God.]
13. Those therefore do vow in vain, who are in the state of nature,
where they are not tied by any civil 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 tied by their vow; for no man is tied to
perform an unlawful act. But if what is vowed, be commanded by some
law of nature, it is not their vow, but the law itself which ties
them. But if he were free, before his vow, either to do it or not do
it, his liberty remains; because that the openly declared will of
the obliger is requisite to make an obligation by vow; which, in the
case propounded, is supposed not to be. Now I call him the obliger,
to whom any one is tied; and the obliged, him who is tied.
[Sidenote: Compacts oblige not beyond our utmost endeavours.]
14. Covenants are made of such things only 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;
wherefore they only concern things _possible_ and _to come_. No man,
therefore, by his compact obligeth himself to an impossibility. But
yet, though we often covenant to do such things as then seemed
possible when we promised them, which yet afterward appear to be
impossible, are we not therefore freed from all obligation. The
reason whereof is, that he who promiseth a future, in certainty
receives a present benefit, on condition that he return another for
it. For his will, who performs the present benefit, hath simply
before it for its object a certain good, equally valuable with the
thing promised; but the thing itself 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 itself
covenanted for, but our utmost endeavour; for this only is, the
things themselves are not in our power.
[Sidenote: In what manner we are freed from compacts.]