(hap.:aa about Baying, andfelliiig. 6. If men shall wilfully rune,`, beyond thefe bounds; and rake advan- tage of the rarencife of the commodute, or the paucity , and neceflïty of the buyers, to enhance the price , to an unreafonable height , they are guil- ty of the breach ofcharity, andby making a finful bargaine procure to them- felves a cu:fe. 7. Yet is not a man fo luridly tyed to any others valuation as that he may not upon any occafion,ask or receive more then the common price:o: that if the market rife he is bound to fit ail!. For there may be a juli reafon up- on a general mortalityof cartel to fet his beafts unfold, at a higher rate , or upon a dearth of corn, or other commodities toheighten the price : But in lush cafeswe mutt obferve thefe rules. I. We mull grudge our felves our own gain. 'z.. We mull not be ofthe firlt that enhance the price : but mull rather be the lowest in our valuation,and labour whatwe may tobring down the market, always putting our felves in the buyers room,and thinkhow weshould with to be dealt with if wewere in his cafe. g. It's lawful for thefeler inhis price tohave regard not to his disburfments only, but to his labour, colt, delay of benefit, to his lofle in managing, to his hazard,or difficulty in conveyance : but yet in all thole with fuch noderation,as that he may be a juft gainer by bargaine : not racking the buy- er , nor halling to be rich by th Secret fpoilcs of an oppreffed neigh- bour. ; 9. Thofe things whore onlycad ispleafure, or o-namen.t as a jewel , a hauk, a hound, &c. can admit of no certaine value : The owners affection muff eftimate it, and the buyers defire mull make up an unbounded bargaine : yet in thefe,and all other things not neceffary, confcience will tell us that we mull fo fell as we woiildbecontent to buy. Queft. Whatfollows from the confrdrratias ofall this? Änfm. First, that thole common maxiines amongft tradfinen : That things are fo much worth as theycanbe fold for. Tharmen who are mailers of their wares may heighten their prises at their pleafure and get what they can of the buyers : and that whatfoever , they get by the fmplïciry or ne- neceffity of the buyer, is lawful price , are damnably uncharitable., and unjull. Quell. Whether is thefeller bound tomake known to the6uycr thefaults of that which he is about told"? eilnfw. For anfwer hereunto confideration mull be had of divers circuni- fiances. As r. Whit the nature, and quality of the fault is, whether it be fmall , or fuch as makes the thingunufèfül ordangerous to the buyer.Orwhether the fault be ap- parent o'rfecret : Now concerning thefe , ,fmall faultsmay be concealed with- out injuftice : main, and important tntlft hi revealed. Again, if apparent,faults be not difcerned by the buyer, he may thank himfelf : Bur fccrer faults known onely .to the feller (if they be fuch is may be prejudicial to the buyer)ought not to be concealed : or if the feller do conceal them, when as the buyer pays as if theywere found and perfeet, the feller is bound in confcience , either to void thebargain, orgive jufi fatisfaótion. a. It that beconfidered whether the buyer before the bargain concluded;, bath defied the feller todifcover the faults, and outof.a reliance upon his fide-, lily, ápd warrant huh made up the match ? or whether in confidence of his oven ski'1 he made upthe bargain without moving any queRion ? If the. former, adouble.bondties upon the feller todeal faithfully, that fo thebuyer may either ceafe or if he,fhall tee that notwithftandingthat defe& it may ferve his turn , he mayproportion the priceaccordingly : But if the buyer do peremptorily D d z rely 203
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