Chap. V.]

OBSERVANCE OF PROMISES.

205

given him the most unequivocal promise. Men are frequently asmuch injured and disappointed, and on as just grounds too, whenthe expectations, raised by another’s conduct or declared inten-tions, are not fulfilled, as they would have been by his failure tomake good the most positive assurances which he could havegiven. There is, therefore, not much difference of moral obliga-tion between a particular course of conduct, declaration of in-tention, and a promise, so far as the actor, the declarer, andthe promiser are concerned.

There is in some men an infirmity with regard to promises,which often brings them into great embarrassment, and subjectsothers to severe disappointment. From the confusion, hesitation,or obscurity with which they express themselves, especiallywhenever harassed or taken by surprise, they sometimes encour-age expectations, and bring upon themselves demands, whichprobably never entered their imagination. This is not so mucha want of integrity as of presence of mind. #

II. In what cases promises are not binding.

1. Promises are not binding, when the promiser is releasedby the promisee. This is too manifest to require illustration.

2. Promises of infants, and of persons under alienation ofmind, are not binding. Dr. Rutherforth’s illustration of this isworth quoting. “ No promise is binding,” says he, “ unless theperson who made it, has liberty to choose for himself, and under-standing to direct him in his choice. Without these faculties ofliberty and understanding, he is no moral agent, or is not capableof doing an act so as to produce any moral effect by it. Uponthis account, the promises of infants, idiots, and madmen are notbinding ; they are not moral agents, and are, therefore, unable todo any valid act.” f

3. Promises are not binding before acceptance, — that is, be-fore notice given to the promisee. But, where the promise isbeneficial, if notice be given, acceptance may be presumed.Until the promise is communicated to the promisee, it is nomore than a resolution in the mind of the promiser, which maybe changed at pleasure. For no expectation has been excited,

* Paley’s Moral and Political Philosophy, p. 75.t Institutes of Natural Law, p. 95.