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So far is determined by a plain utility and interest. But perhaps it is from more trivial reasons, that delivery, or a sensible transference of the object is commonly required by civil laws, and also by the laws of nature, according to most authors, as a requisite circumstance in the translation of property. The property of an object, when taken for something real, without any reference to morality, or the sentiments of the mind, is a quality perfectly insensible, and even inconceivable; nor can we form any distinct notion, either of its stability or translation. This imperfection of our ideas is less sensibly felt with regard to its stability, as it engages less our attention, and is easily past over by the mind, without any scrupulous examination. But as the translation of property from one person to another is a more remarkable event, the defect of our ideas becomes more sensible on that occasion, and obliges us to turn ourselves on every side in search of some remedy. Now as nothing more enlivens any idea than a present impression, and a relation betwixt that impression and the idea; it is natural for us to seek some false light from this quarter. In order to aid the imagination in conceiving the transference of property, we take the sensible object, and actually transfer its possession to the person, on whom we would bestow the property. The supposed resemblance of the actions, and the presence of this sensible delivery, deceive the mind, and make it fancy, that it conceives the mysterious transition of the property. And that this explication of the matter is just, appears hence, that men have invented a symbolical delivery, to satisfy the fancy, where the real one is impracticable. Thus the giving the keys of a granary is understood to be the delivery of the corn contained in it: The giving of stone and earth represents the delivery of a mannor. This is a kind of superstitious practice in civil laws, and in the laws of nature, resembling the Roman catholic superstitions in religion. As the Roman catholics represent the inconceivable mysteries of the Christian religion, and render them more present to the mind, by a taper, or habit, or grimace, which is supposed to resemble them; so lawyers and moralists have run into like inventions for the same reason, and have endeavoured by those means to satisfy themselves concerning the transference of property by consent.
That the rule of morality, which enjoins the performance of promises, is not natural, will sufficiently appear from these two propositions, which I proceed to prove, viz, that a promise would not be intelligible, before human conventions had established it; and that even if it were intelligible, it would not be attended with any moral obligation.
I say, first, that a promise is not intelligible naturally, nor antecedent to human conventions; and that a man, unacquainted with society, could never enter into any engagements with another, even though they could perceive each other's thoughts by intuition. If promises be natural and intelligible, there must be some act of the mind attending these words, I promise; and on this act of the mind must the obligation depend. Let us, therefore, run over all the faculties of the soul, and see which of them is exerted in our promises.
The act of the mind, exprest by a promise, is not a resolution to perform any thing: For that alone never imposes any obligation. Nor is it a desire of such a performance: For we may bind ourselves without such a desire, or even with an aversion, declared and avowed. Neither is it the willing of that action, which we promise to perform: For a promise always regards some future time, and the will has an influence only on present actions. It follows, therefore, that since the act of the mind, which enters into a promise, and produces its obligation, is neither the resolving, desiring, nor willing any particular performance, it must necessarily be the willing of that obligation, which arises from the promise. Nor is this only a conclusion of philosophy; but is entirely conformable to our common ways of thinking and of expressing ourselves, when we say that we are bound by our own consent, and that the obligation arises from our mere will and pleasure. The only question then is, whether there be not a manifest absurdity in supposing this act of the mind, and such an absurdity as no man coued fall into, whose ideas are not confounded with prejudice and the fallacious use of language.
All morality depends upon our sentiments; and when any action, or quality of the mind, pleases us after a certain manner, we say it is virtuous; and when the neglect, or nonperformance of it, displeases us after a like manner, we say that we lie under an obligation to perform it. A change of the obligation supposes a change of the sentiment; and a creation of a new obligation supposes some new sentiment to arise. But it is certain we can naturally no more change our own sentiments, than the motions of the heavens; nor by a single act of our will, that is, by a promise, render any action agreeable or disagreeable, moral or immoral; which, without that act, would have produced contrary impressions, or have been endowed with different qualities. It would be absurd, therefore, to will any new obligation, that is, any new sentiment of pain or pleasure; nor is it possible, that men coued naturally fall into so gross an absurdity. A promise, therefore, is naturally something altogether unintelligible, nor is there any act of the mind belonging to it.
[FN 21 Were morality discoverable by reason, and not
by sentiment, it would be still more evident, that promises
cou'd make no alteration upon it. Morality is suppos'd to
consist in relation. Every new imposition of morality,
therefore, must arise from some new relation of objects; and
consequently the will coud not produce immediately any
change in morals, but cou'd have that effect only by
producing a change upon the objects. But as the moral
obligation of a promise is the pure effect of the will,
without the least change in any part of the universe; it
follows, that promises have no natural obligation.
Shou'd it be said, that this act of the will being in effect
a new object, produces new relations and new duties; I wou'd
answer, that this is a pure sophism, which may be detected
by a very moderate share of accuracy and exactness. To will
a new obligation, is to will a new relation of objects; and
therefore, if this new relation of objects were form'd by
the volition itself, we should in effect will the volition;
which is plainly absurd and impossible. The will has here no
object to which it cou'd tend; but must return upon itself
in infinitum. The new obligation depends upon new relations.
The new relations depend upon a new volition. The new
volition has for object a new obligation, and consequently
new relations, and consequently a new volition; which
volition again has in view a new obligation, relation and
volition, without any termination. It is impossible,
therefore, we cou'd ever will a new obligation; and
consequently it is impossible the will cou'd ever accompany
a promise, or produce a new obligation of morality.]
