The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
10. Nevertheless, in contracts that consist of such mutual trust, as
that nothing be by either party performed for the present, when the
contract is between such as are not compellable, he that performeth
first, considering the disposition of men to take advantage of every
thing for their benefit, doth but betray himself thereby to the
covetousness, or other passion of him with whom he contracteth. And
therefore such covenants are of none effect. For there is no reason
why the one should perform first, if the other be likely not to
perform afterward. And whether he be likely or not, he that
doubteth, shall be judge himself, as hath been said chap. I. sect.
8, as long as they remain in the estate and liberty of nature. But
when there shall be such power coercive over both the parties, as
shall deprive them of their private judgments in this point, then
may such covenants be effectual, seeing he that performeth first
shall have no reasonable cause to doubt of the performance of the
other, that may be compelled thereunto.
[Sidenote: No covenant of men but with one another.]
11. And forasmuch as in all covenants, and contracts, and donations,
the acceptance of him to whom the right is transferred, is necessary
to the essence of those covenants, donations, &c., it is impossible
to make a covenant or donation to any, that by nature, or absence,
are unable, or if able, do not actually declare their acceptation of
the same. First of all, therefore, it is impossible for any man to
make a covenant with God Almighty, further than it hath pleased him
to declare who shall receive and accept of the said covenant in his
name. Also it is impossible to make covenant with those living
creatures, of whose wills we have no sufficient sign, for want of
common language.
[Sidenote: Covenant how dissolved.]
12. A covenant to do any action at a certain time and place, is then
dissolved by the covenanter, when that time cometh, either by the
performance, or by the violation. For a covenant is void that is
once impossible. But a covenant not to do, without time limited,
which is as much as to say, a covenant never to do, is dissolved by
the covenanter then only, when he violateth it, or dieth. And
generally, all covenants are dischargeable by the covenantee, to
whose benefit, and by whose right, he that maketh the covenant is
obliged. This right therefore of the covenantee relinquished, is a
release of the covenant. And universally, for the same reason, all
obligations are determinable at the will of the obliger.
[Sidenote: Covenant extorted by fear, in the law of nature valid.]