~·fl·34· ~·fl· 35· ~cfl.x. ~·fl·2· ~·fl·3· Cafes· about 1:luying ani Selling. the third Herfon. Yea, if you made aCI)IIenant without authority, you are obliged to faVe the Other harrnlefs, unlc:fs he knew your power to be doubtful, and did refolve to run the hazard. 9· 40. Q!tfi. 33· What if /omewhat faU out f¥'hich ma/;!tb the performance to be a fin.? . Anfw. You mull not do it : But you muf\ make the other fatisfaCtion .for all the lofs which yoo were the caufe of unlefs he undertook to f\and to the hazard of thtS alfo, ( explicitely or im– pliciccly ). 9· 41· Qt!d\. 34· Am I obliged if theotber brca\ Covena11t with me? , Anfn•. There are C?vcnants which moke Relations ( as between Husband and Wife, p.tfior and flock, Rulers and SubJects); and Covenants whkh ~~nve'f ti.rlc to comm_odities, of which only I am here ro fpcak. And m thcfe there are fame Condttl01t! wluch are cffinlrdl to the Covenant: If the other firll break thcfe conditions, you <~.re difobliged. But there are other conditions which are not dfent~al, but only necdfary to fomt follo."':ing ben~fir : whofe non-performance will only forfeit that part!Cu1ar benetlt : And there are coodmons wh1ch arc only undertaken fubfrquent duties trufi– cd on the honefiy of the performer: And in thcfe a failing doth not difoblige you. lhcfe'latter are but improperly called Conditions. 9· 42· Q:]efl. 3S· May I contra/J to perjorm athing .,bicb I forefce i< /il(,e to become impoffible or fi 11 • ful, before tiJe time of performance comt, tbougb it be not fo at pre[tnt• .Anfw. With all per{om you mull deal truly; and with juft contrafrors, opr:cly: But with Thieves a~d Murdcrers 1 and Pe~fecutors, you are not alwayes bound to deal openly. This being premifecl', Cither your Covenant ts ab,oJurely, This I wiU do, be it lawful or not, poffible or impoffib/e: And fuch a Covenant is fin and folly: Or it is Conditional, This I will do, if it cominue lawful, orpof[lh/e : This condition (or rather Exception ) is ftill implyed where it is not exprdl, unlefs the contrary be ex– preH: Therefore fuch a Covenant is lawful with a Robber with whom you are not bound todeal open– ly: Becaufe it is but the concealing from him the event which you fortfee. As e. g. you have in– telligence that a Ship is lofi at Sea, or is like to be filOrtly taken by Pyntes, which the Robber ex– pecteth !hortly to come fafe into the harbour : You may promife him to deliver up your felf his prifoner, when that Ship cometh home. Or you know a perfon to be mortally fick, and will dye before the ll'C:Xt Werk : you may oblige your (elf to m·any or ferve that perfon two months hence: For ir is implyed, If he or lhc be then alive. But with ' equal Contrad:ors, this is unlawful , wit1 1 whom you are obliged not only toVe,.ity, but to ']um,., as in the following cafes will be further manifefied. Tit. 3· Special Cafes about ]uftice in !Buyil\g and.Sellil\g· ~-~· ~.t.AM I bound to tndeav8ur that be whom I deal n:i1h, may be a gaintr by the bargain aJ weU a1 I? Anfw. Yc:s, If you be equally in want; or in the like condition: But if he be very poor, and you be rich, Charity muft be fo mixr with Jufticr, that you mull: endeavour that it be more to his commo– dity than yours ( if he be indeed one that you owe Charity to. ) And if you be poor, and he be rich, you may be willing to be the only gainer your felf, fo be it you covet noc anothers, nor de– fire that he be wronged: For when he hath power to deal charitably, you may be willing of his charity or kindnefs. §• 2· ~ell. 2. Ma.1 I dejire, or taJte mOre than my labiur 9r goods are worth, if I tan get it ? Anfw. 1. Not by deceit) perfwading another that they are worth more than they a(e. 2· Not by extortion working upon mens ignorance, error or nccdlity ( of which more anon ). 3. Nnt ofany one that is poerer than your fclf, Or of any one that intendeth but an equal b.ugain. 4· But if you deal with the rich, who in generofity or liberality flick not at a fmaHmatter, and arc willing ano– ther !hould be a gain<r by them, and underfiand wh•t they do, it is lawful to take as much as they will give you. ~- 3· Qt!efi. 3• May I a<l(, in the Marl(,tt mort •h•n my r.oodJ are. truly worth l .. Anfw. In the cafe laf\ mentioned you may ; when you are felhng to the Rteh who are wtlhng to !hew their generofity) and to make you gamers : But then t.he hon~H way .15 to fay, It 1S worrh bu~ fo much; but if you will give fo much more becaufe I need >t, I wrll take n thankfully. Some thmk alfo where the common cufiorne is to ask more than the worth, and people will not buy unlefs you come down from your fir(\: demand, that then you mzy lawfully ask more, bccaufe elfe there is no trading with fuch people. My judgement in this cafe is this, r. That ordinarily it is bct~er to ask no more at all than a jllfi gain: And that the inconveniences of doing otherwife are greater than any on the other fide: l'or hethat heareth you a<i(_ 1mjujlry, may well think that you :would tal(< un– jujlly if you could get it, and confequcntly that you are Ulljujl. 2. But thiS ~ull gamlyeth not al– wayes ju!t in an indivifi.ble quantity, or dt:rerminate pnce. A man that hath a tamlly tQ mamtam by his trade, may lawfully take a proportionable moderate gain : Though if he take lefs he may get fomething too: To be alwayes juf\ at a word, isnot convenient: For he that may lawfully get":~
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