Circumspect Walking, Chapter 19
CHAP. XIX.
Rules of wisedome for iustice, 1. Commutatiue, 2. Distributiue, 3. Promissiue, 4. Retributiue.
COncerning iustice cō mutatiue,1. Iust…ce commutatiue. in contracts and bargaines, some rules concerne the seller, and some the buyer.
The seller must not abuse or wrong the buyer, neither in the kind, nor quantity, nor quality of his commodity, concealing the defect, with that prophane protestation, Caueat emptor: nay, the caueat is for the seller, who would not be deceiued in his bargaines with oathes, lies, tricks; and so is bound to doe to others: 1 Thess. 4. 6. Let no man oppresse defraud his brother in any matter: Here the holy Apostle condemnes fraud by two reasons; 1. From the neare coniunction we hauehave one with another, he is our brother, in flesh, and in faith: 2. From the certainty of Gods wrath, For the Lord is the auenger of all such things… Leu. 19. 11. Yee shall not steale, nor deale falsly, nor lye one to another. And in Ezek. 22. 12, 13. a fearefull destruction is threatned against Ierusalem, for bribes, vsury, fraud, and oppression. Where by the way, Vsurers may doe well to consider amongst whom the Lord there rankes them.
The buyer also must not enrerta…ne the seller with words of dissimulation, vilifying the thing, to buy it beneath the worth, Prou. 20. 14. nor detaine the price beyond the agreed time, as many doe whose care is to get into debt, and take vp more commodity in one yeare, than they meane to pay in twenty; and when all is done, pay poūds scarce with crowns: A little more safe theeuery than that by the highway, neuer a whit more honest or iust.
In iustice distributiue,2. Iustice distributiue. neuer forget that golden rule, to doe as wee would be done vntounto: Mat…. 7. 12. Whatsoeuer yee would that men should doe vntounto you, that doe yee vntounto them: for this is the Law and the Prophets: the royall law, Iam. 2. 8. that is, the Kings law, and the chiefe of all lawes which concerne our neighbours. Obiect. But here the Vsurer hath a text for himselfe, saying, I would willingly pay ten in the hundred if I had need, and therefore I may take so. Ans. 1. This must be ordered by grace, and the word of God, not by mens blinde and depraued iudgement. 2. This generall rule must guide vsus where we want a special word, which wee hauehave in the case of Vsury. 3. It is false that thou sayest; thou wouldest not pay vse if thou couldst borrow freely; therefore if in thy need thou wouldst borrow freely, lend freely. Others hauing ouer-reacht their neighbours, say, They may and must make the most of their owne, and they forced not their wares on them: But tell me, wouldst thou bee ouer-reached or deceiued? or wouldst thou hauehave another to make aduantage of thy necessity or simplicity? I know thou wouldst not:Luk. 10. 37 Goe thou, and doe the like.
Concerning promissiue iustice,2. Iustice promissiue in promises and couenants, the rule is this, That all lawfull promises must be kept, suppose they were made neuer so rashly, to persons neuer so bad, though to the very great hinderance of the party making them. I explaine it thus: First, I say, a lawfull promise, not such as Herod made to Herodias, Iuramentum non sit vinculum iniquitatis.to giuegive her Iohn Baptists head in a platter: for of such it is well said, Reseinde fidem, In turpi voto muta decretum, Breake thy word, and change thy determination so did Dauid in Nabals case.1 Sam. 25. But if it bee lawfull, thou must not bee perfidious or slippery, as many like Eeles can slip out of most faire and cautelous contracts for their owne aduantage. Obiect. What if I hauehave done it rashly? Answ. Repent of thy rashnesse, but performe thy promise. Obiect. What to a lewd fellow, or an hereticke? Con. Constā. fiues non seruanda cum haeretic.Ans. Papists say, no. A position that hath couered and coloured more horrible treachery and perfidiousnesse, then euer was found among the heathens. But Ioshua when he was circumuented, and drawne in by lies and deceit, to make a rash couenant with the Gibeonites, strangers to the Couenant of grace, did faithfully keepe it: and when Saul many hundred yeares after did breake that contract, he was plagued with sore famine, which could neuer be asswaged but by the death of his sonnes, 2 Sam. 21. 6. 14. So in the Turkish history: The story of Ladislaus, suddenly breaking the truce made for ten yeares, with Amurathes the great Turke, by the counsell of Pope Eugenius, sheweth in the euent, the wickednesse of that position and practice, by the effusion of much Christian bloud, and the confusion of as many as had hand in that treacherous counsell. Obiect. But I shall be greatly hindred. Ans. Acknowledge thy crosse, make a good vse of it, but performe thy promises: Who shall dwell on Gods holy Mountaine? He that sweareth to his owne hindrance, and changeth not, Psalm. 15. 4. Take heed of forfeiting heauen for a little earth.
Concerning iustice retributiue,4. Iustice retributiu… in borrowing and lending, Rom. 13. 8. Owe nothing to any man saue louelove. Doth not nature teach vsus to giuegive eueryevery man his due? and doth not grace teach vsus to deale iustly, a maine point of which iustice is to pay debts? But our rule aimeth at two things: First, to keepe out of debt as much as may be… Owe nothing. and that is by auoyding the meanes of debt: as, 1. to liue aboue ones degree and ability, to neglect frugality and moderation: 2. drinking, gluttony, wine tobacco: 3. building, purchasing, wardrobe: 4. suretiship, and rash vndertaking of others payments: 5. gaming, dicing, whoring: 6. vsurie. All which directly make against this rule of iustice.
Secondly, to get out of debt being in, and make due and timely satisfaction, and not as many, who force their Creditors to recouer by law, what was in louelove sent them. What is the general voice of men in their trades, but complaints of mens vnfaithfulnesse, whiles many make no conscience of paying debts, others can pay some to keepe their credit, or all to bee trusted againe, but few pay any of conscience, because of the Commandement? Obiect. But I am not able to pay my debts. Answ. Then Goe and humble thy selfe to thy Creditor, Pro. 6. 3. purpose and promise to pay all when thou art able. Obiect. So I shall vtterly impouerish my selfe. Answ. 1. Is not a little with righteousnesse, and peace with God and thy conscience, better than a great deale with iniquity? 2. Consider how God blessed a little to that poore widdow, that sold all to pay her debts, 2 King. 4. 7. her oyle was increased till shee had enough for her Creditor, and her selfe.