t to be weary of it. And therefore if a man by
words, or other signes, seem to despoyle himselfe of the End, for which
those signes were intended; he is not to be understood as if he meant
it, or that it was his will; but that he was ignorant of how such words
and actions were to be interpreted.
Contract What
The mutuall transferring of Right, is that which men call CONTRACT.
There is difference, between transferring of Right to the Thing; and
transferring, or tradition, that is, delivery of the Thing it selfe. For
the Thing may be delivered together with the Translation of the Right;
as in buying and selling with ready mony; or exchange of goods, or
lands: and it may be delivered some time after.
Covenant What
Again, one of the Contractors, may deliver the Thing contracted for on
his part, and leave the other to perform his part at some determinate
time after, and in the mean time be trusted; and then the Contract on
his part, is called PACT, or COVENANT: Or both parts may contract now,
to performe hereafter: in which cases, he that is to performe in time
to come, being trusted, his performance is called Keeping Of Promise, or
Faith; and the fayling of performance (if it be voluntary) Violation Of
Faith.
Free-gift
When the transferring of Right, is not mutuall; but one of the parties
transferreth, in hope to gain thereby friendship, or service from
another, or from his friends; or in hope to gain the reputation of
Charity, or Magnanimity; or to deliver his mind from the pain of
compassion; or in hope of reward in heaven; This is not Contract, but
GIFT, FREEGIFT, GRACE: which words signifie one and the same thing.
Signes Of Contract Expresse
Signes of Contract, are either Expresse, or By Inference. Expresse, are
words spoken with understanding of what they signifie; And such words
are either of the time Present, or Past; as, I Give, I Grant, I Have
Given, I Have Granted, I Will That This Be Yours: Or of the future;
as, I Will Give, I Will Grant; which words of the future, are called
Promise.
Signes Of Contract By Inference
Signes by Inference, are sometimes the consequence of Words; sometimes
the consequence of Silence; sometimes the consequence of Actions;
sometimes the consequence of Forbearing an Action: and generally a signe
by Inference, of any Contract, is whatsoever sufficiently argues the
will of the Contractor.
Free Gift Passeth By Words Of The Pre
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