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.
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.
Covenant extorted by fear, in the law of nature valid.
13. It is a question often moved, whether such covenants oblige, as are extorted from men by fear. As for example, whether if a man for fear of death, hath promised to give a thief an hundred pounds the next day, and not discover him; whether such covenant be obligatory, or not. And though in some cases such covenant may be void, yet it is not therefore void, because extorted by fear. For there appeareth no reason, why that which we do upon fear, should be less firm than that which we do for covetousness. For both the one and the other maketh the action voluntary. And if no covenant should be good, that proceedeth from fear of death, no conditions of peace between enemies, nor any laws, could be of force, which are all consented to from that fear. For who would lose the liberty that nature hath given him, of governing himself by his own will and power, if they feared not death in the retaining of it? What prisoner in war might be trusted to seek his ransom, and ought not rather to be killed, if he were not tied by the grant of his life, to perform his promise? But after the introduction of policy and laws, the case may alter; for if by the law the performance of such a covenant be forbidden, then he that promiseth anything to a thief, not only may, but must refuse to perform it. But if the law forbid not the performance, but leave it to the will of the promiser, then is the performance still lawful: and the covenant of things lawful is obligatory, even towards a thief.
Covenant contrary to former covenant, void.
14. He that giveth, promiseth or covenanteth to one, and after, giveth, promiseth, or covenanteth the same to another, maketh void the latter act. For it is impossible for a man to transfer that right which he himself hath not; and that right he hath not, which he himself hath before transferred.
An oath defined.
15. An oath is a clause annexed to a promise, containing a renunciation of God’s mercy by him that promiseth, in case he perform not as far as is lawful and possible for him to do. And this appeareth by the words which make the essence of the oath, so help me God. So also was it amongst the heathen. And the form of the Romans was, Thou Jupiter kill him that breaketh, as I kill this beast. The intention therefore of an oath being to provoke vengeance upon the breakers of covenant; it is to no purpose to swear by men, be they never so great, because their punishment by divers accidents may be avoided, whether they will, or no, but God’s punishment not. Though it were a custom of many nations, to swear by the life of their princes; yet those princes being ambitious of divine honour, give sufficient testimony, that they believed, nothing ought to be sworn by, but the Deity.