The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
Whensoever a man transferreth his right, or renounceth it; it is either
in consideration of some right reciprocally transferred to himself; 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
himself_. And therefore there be some rights, which no man can be
understood by any words, or other signs, 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 aim thereby, at any good to himself. The same may be said
of wounds, and chains, 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 of right is introduced, is nothing
else but the security of a man’s 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 signs, seem to despoil himself of the end, for which
those signs 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.
[Sidenote: Contract what.]
The mutual 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 itself. For
the thing may be delivered together with the translation of the right;
as in buying and selling with ready-money; or exchange of goods, or
lands: and it may be delivered some time after.
[Sidenote: 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 perform hereafter: in which cases, he that is to perform in time to
come, being trusted, his performance is called _keeping of promise_, or
faith; and the failing of performance, if it be voluntary, _violation of
faith_.
[Sidenote: Free-gift.]
When the transferring of right, is not mutual: 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, FREE-GIFT, GRACE: which words signify one and the same thing.
[Sidenote: Signs of contract express.]