Baxter - BJ1441 B3 1673

[afes abotlt ~uyi1!g a~1d Selli11g. word, if you do it for your own gain, in a g;cedy manner, it is a fin : Buc if you do it when it is not fcandalous or injurious, or do it in charity for anothers good, it is lawful, and fome4 time a duty. · 9. 16. ~ell. 1 ~· Mal! rlifpraife anothe:J commodity, to dtaw the buyer tamy own .? ~fl· 1 • Anfrr. ThiS cafe IS ftl/liC!ently anfwered m the fonner: 1. You may not ufe any falfe difpuife: 5 2~ Nora tr,ur oneout ofCovctoufnefs, nor in a fcandalous manner. 3• But you may help to l3.ve another from aCheater, by opening the deceit iw charity to him. ~- I7· Ql.efi. 16. Wlw fhould I doin doubtf•l cafet, where I am 'uncertain whether the thing be juft fiT not ? . . . Anfw. Cau[clefs perplexmg melancholy fcruples, whtch would flop a man m the cou.rfc of his du- R:.f.ejf. I6• ry, arc not to be indulged : But in rational doubt.s, firfi ufc your utrnoll: diligence, ( as much as the nature of the: caufe requireth) to be refolved : and if yet you doubt, be fure to go the fafcr way,and to avoid fin rather than lofs ; and to keep your confcirnccsin peace. 9· 18. Q!.dl. I7· If•he buyer lofe 1hc commodi1y bmmn "" bargain and the payment ( aJ if he buy 0f!f!, 17. )'our Har[e, and he d;•e before P'ymm or pre[enliy afm) wha1 fhould the[eUcr do to his relief? Anfw. If it were by the fellers fault, or by any fault in the Horfe which he concealed, he isto make the buyer full fatisfad ion. If it were cafually only, rigorous Jufiice will allow him nothing : And·thcreforc if it beeither to aman that is Rich enough to bear it without any great fenfe of the lofs, or in a.cafe where incommon cufi:ome the buyer alwayes fh.ndcth to the lofs, meer jufiice will make him no amends. But if it be where cufiorne makerh fome abatement judged aduty, or where the pcrfon is fa poor as to be pinched by the lofs, that common humanity, which all good men ufe in bargaining, which tempereth Jufiice with Charity, will teach men to bear their part of the lofs; becaufe they mufi do as they would be done by. ~- ' 9· Quefi. 18. If the thing bottght and fcld prove afterward of much more worth than was by ei- 0!.cft. 1g, ther pari) underjfood ( ar in buyi11gof Amber-chryfe, a•d Jewels, it of• faUIIh out ) is the buyer bound to gi':Jt the feUer moret.han was bargained for l An[w. Yes, if it was the fellers rneer ignorance and infufficiency in that bufincfs, which caufcd him fa to underfell it: (As if an ignorant Countrey-man fell a Jewel or Amber-chrJfe, who know:cth not what it is, a moderate fatisfad'ion fhould be made him ). But if it was the fellers trade> in which he is to be fuppofed f11flieient, and if it be taken for granted before hand, that both buyer and feller will fiand to the bargain what ever it prove, and that the feller would have abated nothing if it had proved lefs worth than the price, then the buyer may enjoy his gain: Much more if he run any notable hazard for it, asMerchants ufe to do. 9· 20. Qt.eft. 19. What if the title ofthe thing fold prove bad, which was before unl;,nownl !keft. I9· An{w. If the feller either knew it was bad, or through his notable negligence was ignorant of it, or did not fully acquaint the buyer with fo much of t~e uncertainty and danger as he knew; or if it was any way his fault that the buyer was deceiv~d, and nOt the buyers fault, he is bound to make him proportionable fatisfa6tion. As ' alfo in cafe that by Law or bargain he be bound to warrant the title to the buyer. But not in cafe that it be their (Xplicite or implicite agree• ment that the buyer fland to the hazard, and the feller hath done his duty to make him know whats doubtful. • ~· 21. ~eft. 2o. What if a cha11geoj Powrri or Lawi do overthrow tht title, almoft ai foon as it if ~eft. 2;;. fold ( as i1 oft faUs out about Offices andLa~ds ; ) whomuft bear 1be l•fs l Anfw. The cafe is near the lime with that in ~ej!. •7· It is fitppofed that the feller fhould have )oft it himfrlf if he had kept it but a little longer ; And that neither of them forefaw the change: And therefore that the feller hath all his money, rather for his good hap, than for his Lands or Of– fice, ( which the buyer hath not. ) Therefore except it be to a rich man that fedtth not the lofs or one that cxprdly undertook to fland to all hazards, forefecing a poffibility of them ;' Charity and humanity, will teach the feller to divide the lofs. 9.22. The fame is the cafe ofLondonnow confumcd by fire: where thoufands of fuits are like to rife between the Landlords and the Tenants. Where the providence of God ( permitting the burn– ing zeal of fome Papifis, ) hath deprived men of the houfcs which they had hired or taken leafes of, humanity and charity rtquireth the Rich to bear mofi of the lofs, and not to exact their Rents, or Re-building from the poor, what ever the Law faith, which could not be fuppofed to forcfee fuch accidents. Love your neighbours as your felves : Do as you would be done by ; and Opprefs not your poor brethren; and then by thcfe three Rules you will your felves decide a multitude of fuoh doubiS and difficulties, which the uncharitable only cannot undcrfland. Tit.+

RkJQdWJsaXNoZXIy OTcyMjk=