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Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 268 words

The Jirst of these Limitations is, That if such a Principle ought to be admitted in some sort, it must be supposed likewise, that there is a competent and unsuspected Judge, who may determine between the two Parties, which hath failed and neglected to perform their part of the Contract ; For if it is left to each Party to have a Right to decide who is in the Wrongs and so be both Judge and Party in their own Cause, this will bring Confusion and Disorder into tlie Cliurch, and abolish that Justice and Equity which ought to be the Rule of all Agreements.

The second Limitation, is That in case of failurehi either Party, regard should be had to the nature and circumstances of such Failure, to judge if they are of suificient Importance to deserve, that a breach of Contract should follow. For if Pretence is taken from the least failure, or any sort of failure whatsoever, to break a Bargain made between Persons who are bound to one another forever thereby, at this rate, (taking every thing in tlie utmost strictness) we should r»pen the Door to all sorts of Breaches : All Marriages will 1)e dissolved, all Engagements between Parents and Children, and between Masters & Servants, would be annulled; and to contiiie my self to the subject which we are upon, there would not be. one Minister wiio could remain six Months peaceably in his Church. For either the Church might complain that the Minister had failed in his Duty, or the Minister might alledge, that the Church had not furnished him