A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
_Answ._ If by the cause you mean only the extrinsical reasons
which moved you to it, you may be obliged nevertheless for finding
your mistake; only so far as the other was the culpable cause, (as is
aforesaid,) he is bound to satisfy you; but if by the cause you mean
the formal reason, which constituteth the contract, then the mistake
may in some cases nullify it (of which enough before).
_Quest._ XXXII. What if a following accident make it more to my
hurt than could be foreseen?
_Answ._ In some contracts it is supposed or expressed, that men
do undertake to run the hazard; and then they must stand obliged. But
in some contracts, it is rationally supposed that the parties intend
to be free, if so great an alteration should fall out. But to give
instances of both these cases would be too long a work.
_Quest._ XXXIII. What if something unexpectedly fall out, which
maketh it injurious to a third person? I cannot sure be obliged to
injure another.
_Answ._ If the case be the latter mentioned in the foregoing
answer, you may be thus free; but if it be the former, (you being
supposed to run the hazard, and secure the other party against all
others,) then either you were indeed authorized to make this bargain,
or not; if not, the third person may secure his right against the
other; but if you were, then you must make satisfaction as you can to
the third person. Yea, if you made a covenant without authority, you
are obliged to save the other harmless, unless he knew your power to
be doubtful, and did resolve to run the hazard.
_Quest._ XXXIV. What if something fall out which maketh the
performance to be a sin?
_Answ._ You must not do it; but you must make the other
satisfaction for all the loss which you were the cause of, unless he
undertook to stand to the hazard of this also (explicitly or
implicitly).
_Quest._ XXXV. Am I obliged if the other break covenant with me?
_Answ._ There are covenants which make relations (as between
husband and wife, pastor and flock, rulers and subjects); and
covenants which convey title to commodities, of which only I am here
to speak. And in these there are some conditions which are essential
to the covenant; if the other first break these conditions, you are
disobliged. But there are other conditions which are not essential,
but only necessary to some following benefit, whose non-performance
will only forfeit that particular benefit; and there are conditions
which are only undertaken subsequent duties, trusted on the honesty of
the performer; and in these a failing doth not disoblige you. These
latter are but improperly called conditions.
_Quest._ XXXVI. May I contract to perform a thing which I foresee
is like to become impossible or sinful, before the time of
performance come, though it be not so at present.
Public-domain text, read in full here on John Shaqi.
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