In all this you may see that no man can oblige another against God or his salvation: and therefore a parent cannot oblige a child to sin, nor to forbear hearing or reading the word of God, or praying, or any thing necessary to his salvation: nor can he oblige him to hear an heretical pastor; nor to marry an infidel or wicked wife, &c.
And here also you may perceive on what grounds it is that God hath appointed parents to oblige their children in the covenant of baptism, to be the servants of God and to live in holiness all their days.
And hence it is apparent, that no parents can oblige their children to be miserable, or to any such condition which is worse than to have no being.
Also that when parents do (as commonly they do) profess to oblige their children as benefactors for their good, the obligation is then to be interpreted accordingly: and the child is then obliged to nothing which is really his hurt.
Yea, all the propriety and government of parents, cannot authorize them to oblige the child to his hurt, but in order to some greater good, either to the parents themselves, or to the commonwealth, or others; at least that which the parents apprehend to be a greater good: but if they err through ignorance or partiality, and bind the child to a greater hurt for their lesser good, (as to pay two hundred pounds to save them from paying one hundred pounds,) whether their injury and sin do excuse the child from being obliged to any more than the proportion of the benefit required, I leave undetermined.
_Quest._ III. But what if the parents disagree, and one of them will oblige the child, and the other will not?
_Answ._ 1. If it be an act of the parents as mere proprietors for their own good, either of them may oblige him in a just degree; because they have severally a propriety. 2. If it be an act of government, (as if they oblige him to do this or that act of service at their command in his minority,) the father may oblige him against the mother's consent, because he is the chief ruler; but not the mother against the father's will, though she may without it.
_Quest._ IV. Is a man obliged by a contract which he made in ignorance or mistake of the matter?
_Answ._ I have answered this before in the case of marriage, part iii. chap. i.: I add here,
1. We must distinguish between culpable and inculpable error. 2. Between an error about the principal matter, and about some smaller accidents or circumstances. 3. Between a case where the law of the land or the common good interposeth, and where it doth not.
1. If it be your own fault that you are mistaken you are not wholly freed from the obligation; but if it was your gross fault, by negligence or vice, you are not at all freed; but if it were but such a frailty as almost all men are liable to, so that none but a person of extraordinary virtue or diligence could have avoided the mistake, then equity will proportionably make you an abatement or free you from the obligation. So far as you were obliged to understand the matter, so far you are obliged by the contract; especially when another is a loser by your error.
2. An inculpable error about the circumstances, or smaller parts, will not free you from an obligation in the principal matter; but an inculpable error in the essentials will.
3. Except when the law of the land or the common good, doth otherwise overrule the case; for then you may be obliged by that accident. In divers cases the rulers may judge it necessary, that the effect of the contract shall depend upon the bare words, or writings, or actions; lest false pretences of misunderstanding should exempt deceitful persons from their obligations, and nothing should be a security to contractors. And then men's private commodity must give place to the law and to the public good.
4. Natural infirmities must be numbered with faults, though they be not moral vices, as to the contracting of an obligation, if they be in a person capable of contracting. As if you have some special defect of memory or ignorance of the matter which you are about. Another who is no way faulty by over-reaching you, must not be a loser by your weakness. For he that cometh to the market, or contracteth with another that knoweth not his infirmity, is to be supposed to understand what he doth, unless the contrary be manifest: you should not meddle with matters which you understand not; or if you do, you must he content to be a loser by your weakness.
5. Yet in such cases, another that hath gained by the bargain, may be obliged by the laws of equity and charity, to remit the gain, and not to take advantage of your weakness; but he may so far hold you to it, as to secure himself from loss; except in cases where you become the object of his charity, and not of commutative justice only.
_Quest._ V. Is a drunken man, or a man in a transporting passion, or a melancholy person, obliged by a contract made in such a case?