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Show Unfit. of A1 AN. fometimes the confequence of'Silence -, fometimes the confequenee of Aetions, fomtimes the confequence of Forbearing an Aétion: and ge. nerally a figne by Inference, of any Contract, is whatfoever fufhcr- part 1. 36 Cbflinf, of M A N. ,Par't 1'; himfelfe ; 'or for fome other good he hopeth for thereby. For it is a voluntary a8: : and of the voluntary acts of every man, the obieét is fome Good to hinzfclfe, And therefore there be fome Rights, which no man can be underflood by any words, or other fignes, to have abandoned, or transferred. As firit a man cannot lay down the ri ht of refifling them, that affault him by force, to take away his life ;~ ecaufe he cannot be underflood to ayme thereby, at any Good to him- felfe. The fame may be fayd of Wounds, and Chayns, and Impri- fonment5both becaufe there is no benefit confequent to fuch pati- 'vm,or do give to be delivered to marrow, then is my to morrows Right . A r R A c r. ‘ There is difference, between transferring of Right to the Thin :5 and transferring, or tradition,that is, delive of the Thing it felfe, For the Thing may be delivered together wiltfi the Tranflation of the Right 5 as in buying and felling with ready mony, or exchange of goodstor lands : and it may be delivered fome time after. , , Again, one of the Contraétors, may deliver the Thing contraéted for on his part, and leave the other to perform his part at fome deter- l l a, , The mutualltrans'ferring of Right, is that which men call C o n: ‘3: l l, ( (WWW: 1111313::13: air-fr, anduindthlg mean time be trufied-7 and then the Con- f w/Mt. may - P 3 IS C3. 6 ACT" 01‘ C 0v FNANT : 01‘ bOth Pal-F5 Contiaét now, to performe hereafter : in which cafes, he that is to performe in time to come, bein trufted, his performanCC is called heaping of Prom/e, or Faith 3 an the fayling of performance (if it be voluntary) Violation of Edit/1. When the transferring of Right, is not mutual]; but one of the j. l f l < l BElthSlranSfCrrftli, 1n ioye to_ gain thereby friendfhip', or fervice 2,921: figother,‘or from his .riends , or in hope to gain the reputation ~ rity,0i Magnanimit ,or to deliver his mind fromlthe pain i: right is not transferred,but remaineth till I transfe rre it by {ome other Aét. But if the words be of the time Prefent, or Pai't, as, I [maze gigiven away to day 5 and that by the vertue ofthe words, though there ons were to be interpreted, "'4" ligator . Forifthey be of the time to Come, as, To marrow I will 1;"; 3;WW Give, they are a figne I haVe not given yet, and confequently that my P" if ~ ence ; as there is to the "patience of fuffering anorher to be wounded, as not to be weary of it. And therefore if aman by words, or other fignes, feem to defpoyle himfelfe of the End, for which tho'fe fignes were intended 3 he is not to be undei‘fioodas if he meantit, or that it was his will 5 but that he was ignorant of how fuch words and aeti- (crumb? _ Words alone,if they be of the time to come, and contain a bare Free giftpromife, are an infuflicient figneof a Free-gift and therefore not ob- mfg/117) W or imprifoned : as alfo becaufe a man cannot tell, when he feeth men proceed againft him by violence, whether they intend his death or not. And laflly the motive, and end for which this renouncing, and transferring of Right is introduced, is nothing elfe but the fecurity of a mans perfon, in his life, and in the means of fo preferving life,- f f ently argues the will ofthe Contraotor. were no other argument of my Will. And there is a great difference in the fignification of thefe words, Volo boo toom effe NM, and Cm: dizéo -, that is, between I will that this 5c thine to morrow, and, I will give it 11m to morrom ,- For the word I will, in the former manner of ‘l'peech, fignifies an aét of the will Prefent, but in the later, it fignifies apromife of an aét of the will to Come :and therefore the former words, being of the Prefent, transferre a future right; the later, that be of the Future, transferre nothino. But if there be other fignes of the Will to transferre a. Right, befides Words -, then, though the gift be Free, yet may the Right be underftood to pafle by words of the future: as if a man propounda Prize to him that comes firff to the end of a race, The gift is Free ; and though the words be of the Future, yet the Right paifeth : for if he would not have his words f0 be underflood, he fhould not have let them runne; In Contracts3 the right paffeth, not onely where the words are ofS'é'm'! 0f the time Pre fent, or Paft-7 but alfo where they are of the Future: be- ""2"? ""5 caufe all Contraétis mutuall tranflation, or Change of Right; and fijfipilffagff therefore he that promifeth onely, becaufe he hath already received fig, ;,,,§ p2,: the benefit for which he promifeth, is to be underflood as if he inten- we). ded the Right ihould paife : for unleile he had been content to have his words to underf'tood, the other would not have performed his part iirf‘t. And for that caufe, in buying, and felling, and other aéts of Contract, aPromife is equivalent toa Covenant; and therefore obligatory. . He that performeth firft in the cafe of a Contraét, is faid to M E- Mm: who, air that which he is to receive by the performance of the other; andhe hath it as Doc. Alfo when a Prize is propound'ed to many, ifcpd‘fihic which is to be given to him onely that winneth, or mony is thrown "C E . w iich words {ignifie one and the Free gift -, yet to to Win, or fo to Catch,is to Merit, and to have it 5'1"" ff‘ Signes of Contract , are either Ex re é, or 6 1,, gr me Lil-[glitz LA- hjprgiid aife ilmrds {poken with underftand ing of whaf the; {ignij 1 Git-r 1 Griff": \yczrds are either of the time Prefmt, or Pay}, as, as Due. Forthe Right is transferred in the Propounding of the fame thinr; g. Sim-c: ("funof a Tour! .' brof the fi"1116388, lie Given, 1‘ Image Granted, I will MM My 55, I "71/161116, r . by 'c, ft the futuie‘ are called P R o M 1 s E . ,Umm I Will Gram .- which words bignes by Inference, are fometimes the confequence of Word sfome' . . . ' 67 amongfi many, to be enjoyed by them that catch it ,‘though this be a. Prize, and in throwing down the moriy -, though it be not determined to whom, but by the liventof the contention. But there is between thefe tii o forts of Mcrit,this difference, that In Contract, I Merit hji'jfiertue of my own power, and the Contractors need 3 but in this cafe of free gift, Iain enabledto Merit onely by the benignity of the Gini : Iii Contraéi, I merit at the Contracftors hand that hee K {liould |