From hence it followeth, that when the actor maketh a covenant by authority, he bindeth thereby the author, no less than if he had made it himself; and no less subjecteth him to all the consequences of the same. And therefore all that hath been said formerly ( chap. XIV ) of the nature of covenants between man and man in their natural capacity, is true also when they are made by their actors, representers, or procurators, that have authority from them, so far forth as is in their commission, but no further.
And therefore he that maketh a covenant with the actor or representer, not knowing the authority he hath, doth it at his own peril. For no man is obliged by a covenant whereof he is not author; nor consequently by a covenant made against or beside the authority he gave.