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
15. We are freed from covenants two ways, either by performing, or
by being forgiven. By performing, for beyond that we obliged not
ourselves. By being forgiven, because he whom we obliged ourselves
to, by forgiving is conceived to return us that right which we
passed 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.
[Sidenote: Promises forced from us through fear of death, are valid
in the state of nature.]
16. It is a usual question, whether compacts extorted from us
through fear, do oblige or not. For example, if, to redeem my life
from the power of a robber, I promise to pay him 100_l._ next day,
and that I will do no act whereby to apprehend and bring him to
justice: whether I am tied 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 proceedeth from fear. For then it
would follow, that those promises which reduced men to a civil life,
and by which laws were made, might likewise be of none effect; (for
it proceeds from fear of mutual slaughter, that one man submits
himself 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 do oblige,
when there is some benefit received, and when the promise, and the
thing promised, be lawful. But it is lawful, for the redemption of
my life, both to promise and to give what I will of mine own to any
man, even to a thief. We are obliged, therefore, by promises
proceeding from fear, except the civil law forbid them; by virtue
whereof, that which is promised becomes unlawful.
[Sidenote: A latter compact contradicting the former, is invalid.]
17. Whosoever shall contract with one to do or omit somewhat, and
shall after covenant the contrary with another, he maketh not the
former, but the latter contract unlawful. For he hath no longer
right to do or to omit aught, who by former contracts hath conveyed
it to another. Wherefore he can convey no right by latter contracts,
and what is promised is promised without right. He is therefore tied
only to his first contract, to break which is unlawful.
[Sidenote: A promise not to resist him that prejudices my body is
invalid.]