FREE BOOKS

Author's List




PREV.   NEXT  
|<   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115  
116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   >>   >|  
r him that Covenanteth, to performe. And therefore, to promise that which is known to be Impossible, is no Covenant. But if that prove impossible afterwards, which before was thought possible, the Covenant is valid, and bindeth, (though not to the thing it selfe,) yet to the value; or, if that also be impossible, to the unfeigned endeavour of performing as much as is possible; for to more no man can be obliged. Covenants How Made Voyd Men are freed of their Covenants two wayes; by Performing; or by being Forgiven. For Performance, is the naturall end of obligation; and Forgivenesse, the restitution of liberty; as being a retransferring of that Right, in which the obligation consisted. Covenants Extorted By Feare Are Valide Covenants entred into by fear, in the condition of meer Nature, are obligatory. For example, if I Covenant to pay a ransome, or service for my life, to an enemy; I am bound by it. For it is a Contract, wherein one receiveth the benefit of life; the other is to receive mony, or service for it; and consequently, where no other Law (as in the condition, of meer Nature) forbiddeth the performance, the Covenant is valid. Therefore Prisoners of warre, if trusted with the payment of their Ransome, are obliged to pay it; And if a weaker Prince, make a disadvantageous peace with a stronger, for feare; he is bound to keep it; unlesse (as hath been sayd before) there ariseth some new, and just cause of feare, to renew the war. And even in Common-wealths, if I be forced to redeem my selfe from a Theefe by promising him mony, I am bound to pay it, till the Civill Law discharge me. For whatsoever I may lawfully do without Obligation, the same I may lawfully Covenant to do through feare: and what I lawfully Covenant, I cannot lawfully break. The Former Covenant To One, Makes Voyd The Later To Another A former Covenant, makes voyd a later. For a man that hath passed away his Right to one man to day, hath it not to passe to morrow to another: and therefore the later promise passeth no Right, but is null. A Mans Covenant Not To Defend Himselfe, Is Voyd A Covenant not to defend my selfe from force, by force, is alwayes voyd. For (as I have shewed before) no man can transferre, or lay down his Right to save himselfe from Death, Wounds, and Imprisonment, (the avoyding whereof is the onely End of laying down any Right,) and therefore the promise of not resisting force, in no Coven
PREV.   NEXT  
|<   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115  
116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   >>   >|  



Top keywords:

Covenant

 

lawfully

 
Covenants
 

promise

 

obligation

 

condition

 
Nature
 
service
 

obliged

 
impossible

Former

 
Impossible
 

Another

 

Obligation

 

Civill

 

wealths

 

promising

 
forced
 

thought

 
Theefe

discharge

 

Common

 

whatsoever

 

redeem

 

himselfe

 

Wounds

 

shewed

 

transferre

 

Imprisonment

 
avoyding

resisting
 

laying

 

whereof

 

alwayes

 

morrow

 
Covenanteth
 

passed

 

passeth

 
Himselfe
 
defend

Defend

 

performe

 

obligatory

 

Valide

 

entred

 

ransome

 

unfeigned

 

performing

 

endeavour

 

naturall