Liberty [16]
there the party trusted promiseth after-performance; and this kind of promise is called a COVENANT. X. 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 lesse transfer the right of future time, then if it had been made by words signifying the present, or time past: for the others performance is a most manifest signe 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 signe the party trusted knew himselfe to be thus understood, which, because he hindred not, 'twas an evident token of his Will to performe. 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 abolisht, and by consequence are obligatory; for where Liberty ceaseth, there beginneth Obligation. XI. But the Covenants, which are made in contract of mutuall trust, neither party performing out of hand, if there arise a just suspicion in either of them, are in the state of nature invalid: for he that first performes by reason of the wicked disposition of the greatest part of men studying their owne advantage, either by right, or wrong, exposeth himself to the perverse will of him with whom he hath Contracted; for it suites not with reason, that any man should performe 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 shewed in the foregoing Chapter in the 9. Article. Thus, I say, things stand in the state of nature, but in a Civill State, when there is a power which can compell both parties, he that hath contracted to perform first, must first performe; because, that since the other may be compell'd, the cause which made him fear the others non-performance, ceaseth. Arise] For, except there appear some new cause of fear, either from somewhat done, or some other token of the till not to performe from the other part, it cannot be judg'd 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. XII. But from this reason, that in all Free-gifts, and Compacts, there is an acceptance of the conveighance of Right required: it followes, 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 oblig'd to him by Vow, except so far forth as it appeares to him by Holy Scriptures, that he hath substituted certaine men who have authority to accept of such like Vowes and Covenants, as being in Gods stead. XIII. Those therefore doe vow in vain, who are in the state of nature, where they are not tyed by any Civill 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 tyed by their Vow, for no man is tyed to perform an unlawfull act; but if what is vowed, be commanded by some Law of nature, it is not their Vow, but the Law it self which ties them; but if he were free before his vow, either to doe it, or not doe it, his liberty remaines, because that the openly declar'd Will of the obliger is requisite to make an obligation by Vow, which in the case propounded is suppos'd not to be: Now I call him the Obliger to whom any one is tyed, and the Obliged him who is tyed. XIV. Covenants are made of such things onely 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; therefore they onely concerne things possible, and to come; no man therefore, by his Compact,