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XIV. But not if the Condition be not perform∣ed, or if either Party stand not to the Agree∣ment:
But this also we may observe, That there are two ways whereby a man, though he perform not that which he promised, yet may avoid perfidiousness, as namely, If the Condition be not performed whereupon that promise was grounded, or if some other com∣pensation be made for it; for want of the Condition the Promiser is not really discharged: But it will appear by the event, That there had been no obligation but what was contract∣ed upon Condition; therefore that Condition being not performed, there needed no dis∣charge. Whereunto we may refer another Case, namely, If the other do not perform that which he was first bound on his part to fulfil. For the particular Heads of one and the same Agreement seem to be complicated each with other in the manner of a Condition, as if it had been thus exprest. Thus will I do, if you do so or so, which he hath promised. Wherefore Tullus in his Answer to the Albans, calls the Gods to witness, Whether of the two Nations were the first Aggressors; praying earnestly, That all the miseries of the War might befal that Nation. For as Ʋlpian notes, He breaks not the League, who there∣fore renounceth his Associates, because they do not perform some Articles, whereupon the League was at the first made. For which Cause, where it is otherwise intended, it is usually thus exprest, That if either Party shall transgress in this or that Article, yet shall the rest re∣main firm and inviolable.