The rule and exercises of holy living. In which are described the means and instruments of obtaining every vertue, and the remedies against every vice, and considerations serving to the resisting all temptations. Together with prayers containing the whole duty of a Christian, and the parts of devotion fitted to all occasions, and furnish'd for all necessities.

SECT. III. Of Negotiation, or Civil Contracts.

THis part of Justice is such as depends up∣on the Laws of Man directly, and upon the Laws of God onely by consequence and indirect reason: and from civil Laws or private agreements it is to take its estimate and mea∣sures: and although our duty is plain and easy, requiring of us honesty in contracts, sincerity in affirming, simplicity in bargaining, and faith∣fulnesse in performing, yet it may be helped by the addition of these following rules and con∣siderations.

Rules and measures of justice in bargaining.

1. In making contracts use not many words▪ for all the businesse of a bargain is summed up in few sentences: and he that speaks least, means fairest, as having fewer opportuni∣ties to deceive.

2. Lye not at all, neither in a little thing nor in a great, neither in the substance nor in the circumstance, neither in word nor deed: that is, pretend not what is false, cover not what

is true, and let the measure of your affirmation or denyal be the understanding of your con∣tractor: for he that deceives the buyer or the seller by speaking what is true in a sense not intended or understood by the other, is a lyar and a thief. For in bargains you are to avoid not onely what is false, but that also which de∣ceives.

3. In prices of bargaining concerning un∣certain Merchandizes you may buy as cheap ordinarily as you can, and sell as dear as you can, so it be 1. without violence, and 2. when you contract on equal terms, with persons in all senses (as to the matter and skill of bargain∣ing) equal to your self, that is, Merchants with Merchants, wise men with wise men, rich with rich: and 3. when there is no deceit, and no necessity, and no Monopoly: For in these cases, viz. when the Contractors are equal, and no advantage on either side, both parties are voluntary, and therefore there can be no injustice or wrong to either. But then adde also this consideration, that the publick bee not oppressed by unreasonable and unjust rates: for which the following rules are the best measure.

4. Let your prices be according to that measure of good and evil which is established in the fame and common accounts of the wi∣sest and most merciful Men skill'd in that ma∣nufacture or commodity; and the gain such which without scandal is allowed to persons in all the same circumstances.

5. Let no prices be heightned by the ne∣cessity or unskilfulnesse of the contractor; for the first is direct uncharitablenesse to the per∣son, and injustice in the thing (because the

Mans necessity could no•• naturally enter into the consideration of the value of the commo∣dity) and the other is deceit and oppression: much lesse must any Man make necessities; as by ingrossing a commodity, by monopoly, by detaining corn, or the like indirect arts: for such persons are unjust to all single persons with whom in such cases they contract, and oppressors of the publick.

6. In entercourse with others do not do all which you may lawfully do; but keep some∣thing within thy power: and because there is a latitude of gain in buying and selling, take not thou the utmost peny that is lawfull, or which thou thinkest so; for although it be lawful, yet it is not safe; and he that gains all that he can gain lawfully this year, possibly next year will be tempted to gain something unlawfully.

7. He that sels dearer by reason he s••ls not for ready money, must increase his price no higher then to make himself recompence for the losse which according to the Rules of trade he sustained by his forbearance, according to common computation, reckoning in also the hazard, which he is prudently, warily, and charitably to estimate: But although this be the measure of his justice, yet because it hap∣pens either to their friends, or to necessitous and poor persons, they are in these cases to consider the rules of friendship and neighbour∣hood, and the obligations of charity, lest ju∣stice turn in••o unmercifulnesse.

8. No Man is to be raised in his price or rents in regard of any accident, advantage or disadvantage of his person. A Prince must be used conscionably as well as a common person,

and a Beggar be treated justly as well as a Prince; with this onely difference, that to poor persons the utmost measure and extent of justice is unmerciful, which to a rich person is innocent, because it is just, and he needs not thy mercy and remission.

9. Let no Man for his own poverty become more oppressing and cruel in his bargain, but quietly, modestly, diligently, and patiently re∣commend his estate to God, & follow its inte∣rest and leave the success to him: for such cour∣ses will more probably advance his trade, they will certainly procure him a blessing, and a re∣compence, and if they cure not his poverty, they will take away the evil of it: and there is nothing el••e in it that can trouble him.

10. Detain not the wages of the hireling: for every degree of detention of it beyond the time is injustice, and uncharitablenesse, and grindes his face till tears and blood come out: but pay him exactly according to Cove∣nant, or according to his needs.

11. Religiously keep all promises and Co∣venants, though made to your disadvantage, though afterwards you perceive you might have been better: & let not any precedent act of yours be altered by any after-accident. Let nothing make you break your promise, unlesse it be unlawful or impossible, that is, either out of your natural, or out of your civil power, your self being under the power of another; or that it be intolerably inconvenient to your self, and of no advantage to another; or that you have leave expressed, or reasonably presumed.

12. Let no Man take wages or fees for a work that he cannot do, or cannot with pro∣bability undertake, or in some sense profita∣bly, and with ease, or with advantage manage: Physicians must not meddle with desperate diseases, and known to be incurable, with∣out declaring their sense before hand; that if the patient please he may entertain him at adventure, or to do him some little ease. Advocates must deal plainly with their Cli∣ents, and tell them the true state and dan∣ger of their case; and must not pretend con∣fidence in an evil cause: but when he hath so cleared his own innocence; if the Cli∣ent will have collateral and legal advanta∣ges obtained by his industry, he may en∣gage his endeavour, provided he do no in∣jury to the right cause, or any Mans person.

13. Let no Man appropriate to his own use what God by a special mercy, or the Republick hath made common; for that is both against Justice and Charity too: and by miraculous accidents God hath declared his displeasure against such inclosures. When the Kings of Naples enclosed the Gardens of Oenotria, where the best Manna of Cala∣bria descends, that no Man might gather it without paying tribute; the Manna ceased, till the tribute was taken off; and then it came again, and so till after the third trial, the Princes found they could not have that in proper which GOD made to be com∣mon, they left it as free as GOD gave it. The like hapned in Epire when Lysnnachus laid an impost upon the Tragasaean Salt, it vanished, till Lysimachus left it publick.

And when the procurators of King Antigonus imposed a rate upon the sick people that came to Edepsum to drink the waters which were lately sprung and were very healthful, instant∣ly the waters dried up, and the hope of gain perished.

The summe of all is in these words of Saint Paul, [Let no man go beyond and defraud his brother in any matter; because the Lord is the avenger of all such] and our blessed Sa∣viour in the enumerating the duties of ju∣stice, besides the Commandement of [Do not steal] addes [Defraud not] forbidding (as a distinct explication of the old Law) the ta∣cite and secret thest of abusing our Brother in Civil Contracts. And it needs no other arguments to enforce this caution, but only, that the Lord hath undertaken to avenge all such persons: And as he alwayes does it in the great day of recompences: so very often he does it here, by making the unclean porti∣on of injustice to be as a Cankerworm eating up all the other increase: it procures beggery, and a declining estate, or a caytive, cursed spirit, an ill name, the curse of the injured and oppressed person, and a Fool or a Prodigal to be his Heir.

Notes

• 〈…〉〈…〉 ne ami••i ne pa••e••••▪
• ••urgam ad 〈…〉〈…〉 ••••••misi quamvis n••n con∣co••e••••m: sed non si febri••••tavero ••ube••t n. t••c••ta e••••e••tio, si p••t••ro, si deb••bo. S••ne. ••f••ice ut idem ••••atus sit cum exigitur, qui ••••it ••um p••omitterem. ••estitu••••e lev••tas non erit si aliquid ••nte••venerit novi. ••ad••m 〈◊〉〈◊〉 omnia praesta et idem s••m▪ L. 4. c. 39. de Benefic▪
• Brassa vol. in e••am. s••mpl.
• Caelius Rh d. l. 9. c. 1••.
• Athenae. ••e paos. l. 3.
• 1 Thes. 4.6. Levit. 19 13. 1 Cor. 6.8. Mark 10.19.