Chap. zz about Buying, andfelling. 205 by Chrit+ian Charity , and that itniverfal rule of doing what we would be wil- ling to fuller. Quea. Whether, andhowfar doth afraudul,nt bargain bindmen in confcience to performance ? Anfw. Is the fraudaeliveíyyours , done by you to another ? or pallìvely put byanother upon you : If the former ? you mut+ repent and make fatisfaetiori, either byannulling the march , or making amends for the injury. Ifthe latter : wherein did the fraud lie ? If in the main fubftanceof the thing fold ? the bar- gain is void, both by the Law ofnature , and ofconfcience : As if a man hath fold copper for gold-lace : or alchymie for haver; the reafon given by the Cafuiftr, is becaufe there is no bargain without content . but here is no con- tent at all whileft both parties pitch not upon the fame fubjea: The buyer propounds to himfelf gold, &c. the feller obtrudes copper, &c. the one there- fore not buying what the other pretendedto fell, here is nobargain, but a meet a;.1 of coufenage , liable to punifhment both by the Laws of God and man. But if the fraud were onely in fome circumftances, as in Come faulty condition ofthe thing foldnot before difcerned, or in the overprizing the commodity bought, the old rule is , Caveatemptor. You mull hold to your bargain : But if thefault be fo great that it mars the commodity, the feller (being confcious to the fault)is bound to make fatisfail+ion. In the matters of contrail}we chuff diflinguifh betwixt a wiltingdeceit, and an unvoluntary wrcin;.If a min(hall fell a horfe whichhe knows to have a fecrec and incurable difeafe, toanother for a found one : and that other , believing the fellers prptet+ation, (hall upon the fame price put him off to me : I am injured, but whither (hall I go for amencT? Not Co the immediate feller , for he de- ceived menot : nor to the deceiver , for he dealt not with mil: In this cafe, though the Law will not help me, yet the fist+ felfer is bound in con- fcience to give me, by his hands that fold me this injurious bargaine , due fatif- fa&ion. There may be no lefle fraud in buyingalto : whether in unjuft payment in falfe coin : or in buyingby weights, ormeafures aboveallowance : or by wrong valuation ofthe fubftance and quality of the commodity , not known by the feller : As for example : A limple countrey man finder a quantity of Amber- greece call upon the fhore,andnot knowing it, greafeth his shoes, &c. with it Á crafty Merchant that knows the worth of it, buys it for a fnall matter , and makes a great gain by it : The bargain is fraudulent , and requires a juft re compence to the ignorant feller, into whofe hands providence had call fo rich a booty. (left. Whether may a man lawfully buy chofe goods which he knows , or flronoly fufpefls to he lollen ? Or if he hash ignorantly bought fuch goods, whether may he lawfully, after the knowledge of the owner k'epe them ?' Amp. To buy fuch goods as youknow, or have juft caufe co fufpe& that ( they are ftollen, makes you acceffary to the theft : For if there were no recei- vets,:therewould beno thieves : But if, making ufe of Saint `Paul;. rule con - cerning meats , you extend your liberty to whatfoever is fold in the market , and (hall in the exercifc of that freedom upona ju(l, and valuable conlideration ignorantly buy thofe goods, which you afrerwa °gds hear, and know to be ano- thers , your contract is faultleffe, limeyour invincible want cf knowledge ac- quits you from any guilt of confent : yet withal, you are bound to acquaint 1 tlic true owner with the matter, and to proffer your felves ready to joynewith I him in the profecution of the Law upon the offender, and upon an equal fatisfa- ¿lion to tender himhis own. B. Halls Caf, of Cenfcience. Dd 3 Quef+.
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