The Marrow of Divinity, Religious treatise · Chapter 22
CHAP. XXII. Questions, and Cases of Conscience about Buying, and selling.
Quest. WHat Rule is the Buyer to observe in Buying?
Answ. That therein he doe nothing that may tend to the hurt, and prejudice of his neighbour in his outward welfare and estate.
Quest. How may the Buyer sin in buying?
Answ. First, When the Buyer debaseth the Commodity which he would buy, dispraising it above measure, and that against his own knowledge and conscience: Or sets another to unde…bid for the Commodity, that he may get it the better cheap, Prov. 20 4. Isa. 5.20. Matth. 7.12.
Secondly, When he takes advantage of the Sellers simplicity, or present necessity to buy his Commodity for less then its worth, whereas Gen. 23.9, 13. Abraham would give the full price, and Levit. 25.14, 15, 16.
Object. But Jacob took advantage of Esau's present need to buy his Birth-right of him for a mess of pottage?
Answ. This fact of Jacobs was extraordinary, and therefore is no rule for us to walk by: besides he was informed by his Mother that Gods purpose was to deny the blessing to him, and therefore he took this opportunity of buying the Birth-right, being (probably) moved thereto by the Spirit of God.
Thirdly, When the Buyer makes bad payment for the commodity he buyes: as when he either paies not at all, or payes less then was agreed for, or delaies payment after the time appointed, or willingly and wittingly, pays counterfeit coyn, or bad Commodities, or mi…ells the money: Thus did not Abraham, Gen. 23.16.
Quest. What rule must the Seller observe in selling?
Answ. He must not hurt, or prejudice his neighbour in his outward estate thereby?
Quest. How is this done?
Answ. First▪ By praising and extolling the thing he sells above the known worth, and goodness of it: or affirms it is worth so much, or stood him in so much, and he was bidden so much for it: it may be by his own Wife, or friend under a pretence only that he may sell it the dearer, contrary to Psal. 15.2. His tongue speaking that which his heart and conscience tells him is false.
Secondly by taking advantage of the Buyers simplicity, or present necessity thereby to take more for his commodity then it is worth: or when the seller knoweth that the buyer cannot make present payment, but must take it upon …, he thereupon raiseth the price unreasonably, Gen. ….15. Lev. … Amos 8.5.
Thirdly, in selling and delivering that which he knows to be bad … in the substance of it, for good, and at the price of good: As when a man sells …and to which he hath not a good title, or which he hath formerly sold or … without acquainting the buyer with the morgage: Or in ware, when … bad for good, as copper for gold, &c.
Fourthly, in selling and delivering that which he knows to be bad and faulty in the quality of it, for good, and at the price of good, as lame, and unsound cattel for sound, rotten flesh for wholesome: rotten wares for sound: using false lights, &c. Amos 8.6.
Fifthly, Deceiving the buyer in number, weight, or measure, and yet taking the full price: Forbidden, Lev. 19.35, 36. Deut. 25.13, 14, 15. Ezek. 45.10. Mic. 6.10, 11. Prov. 11.1. and 20.10.
Quest. How else doth the seller sinne by hurting his neighbour in his outward estate?
Answ. By raising the just price of things, or wracking them to so unmeasurable a rate, as that thereby he oppresseth his neighbour. Forbidden, Lev. 25.14, 15, 16. 1 Thes. 4.6. foreign, significat modum excedere in augendis rerum preciis.
Object. May I not make the best of mine own?
Answ. No, he may not make what he can of his own to the hu…, wrong, and oppression of another, it being against Christs rule, (Mat. 7.12.) and that Gal. 5.15.
Quest. How then are we to prize the commodities which we sell?
Answ. Not according to our own greedy minde, but according to the rule of equity, i. e. according to the true value of the thing, and the benefit its like to yeeld to the buyer, Lev. 25.14, &c.
Sixthly, the buying and selling things unprofitable, and hurtful, as Cards, Dice, &c. Or things that tend meerly to maintain pride, and vanity: as painting, complexion, patches, &c. or tending meerly to maintaine superstition, as Beads, Crosses, Crucifixes, &c. Isa. 55.2. Acts 19.24. See Elton on the Commandments.
Quest. Whether may a man sell his wares as dear as he can, and get what he can of every buyer?
Answ. For answer hereunto I lay down these Propositions.
1. There is a due price to be set upon every saleable commodity, else commerce amongst men would be destroyed: For if every man might set what rate he pleaseth upon his land or goods, where should he finde a buyer? surely nothing would follow but confusion, and want: for then meerly extremity must both make the market, and regulate it.
2. The due price is that which cuts equally, and indifferently betwixt the buyer, and seller, so that the seller may have a moderate gaine, and the buyer a just penny-worth.
3. In those countreys where there is a price set, by publick authority, upon marketable commodities, the way of commerce is easie, and its fit that every one should be kept close to that rule.
4. Where all things are left arbitrary there were no living, if some limits were not set to the sellers demands.
5. These limits must be the ordinary price used in the several Countreys wherein they are sold; and the judgement of wise, experienced, and unconcerned persons: and the well-stated conscience of the seller.
6. If men shall wilfully runne beyond these bounds, and take advantage of the rarenesse of the commoditie, or the …aucity, and necessity of the buyers, to enhance the price, to an unreasonable height, they are guilty of the b…each of charity, and by making a sinful bargaine procure to themselves a cu…se.
7. Yet is not a man so strictly tyed to any others valuation as that he may not upon any occasion, ask or receive more then the common price: or that if the market rise he is bound to sit still. For there may be a just reason upon a general mortality of cattel to set his beasts unsold, at a higher rate, or upon a dearth of corn, or other commodities to heighten the price: But in such cases we must observe these rules.
1. We must grudge our selves our own gain.
2. We must not be of the first that enhance the price: but must rather be the lowest in our valuation, and labour what we may to bring down the market, always putting our selves in the buyers room, and think how we should wish to be dealt with if we were in his case.
8. It's lawful for the sel…er in his price to have regard not to his disbursments only, but to his labour, cost, delay of benefit, to his losse in managing, to his hazard, or difficulty in conveyance: but yet in all these with such moderation, as that he may be a just gainer by the bargaine: not reckoning the buyer, nor hasting to be rich by the secret spoiles of an oppressed neighbour.
9. Those things whose onelyonly end is pleasure, or ornament, as a jewel, a hauk, a hound, &c. can admit of no certaine value: The owners affection must estimate it, and the buyers desire must make up an unbounded bargaine: yet in these, and all other things not necessary, conscience will tell us that we must so sell as we would be content to buy.
Quest. What follows from the consideration of all this?
Answ. First, that those common maximes amongst tradsmen: That things are so much worth as they can be sold for. That men who are masters of their wares may heighten their prizes at their pleasure, and get what they can of the buyers: and that whatsoever they get by the simplicity, or nenecessity of the buyer, is lawful price, are damnably uncharitable, and unjust.
Quest. Whether is the seller bound to make known to the buyer the faults of that which he is about to sell?
Answ. For answer hereunto consideration must be had of divers circumstances. As
1. What the nature, and quality of the fault is, whether it be small, or such as makes the thing unuseful or dangerous to the buyer. Or whether the fault be apparent or secret: Now concerning those, small faults may be concealed without injustice: main, and important must be revealed. Again, if apparent faults be not discerned by the buyer, he may thank himself: But secret faults known onelyonly to the seller (if they be such as may be prejudicial to the buyer) ought not to be concealed: or if the seller do conceal them, when as the buyer pays as if they were sound and perfect, the seller is bound in conscience, either to void the bargain, or give just satisfaction.
2. It must be considered whether the buyer before the bargain concluded, hath desired the seller to discover the faults, and out of a reliance upon his fidelity, and warrant hath made up the match? or whether in confidence of his own skill he made up the bargain without moving any question? If the former, a double bond lies upon the seller to deal faithfully, that so the buyer may either cease: or if he shall see that notwithstanding that defect it may serve his turn, he may proportion the price accordingly: But if the buyer do peremptorily rely upon his own judgement, hoping to make a gaine by his bargain, because the seller out of conscience of the imperfection, sets it (as he ought) at the lower rate, and thereupon makes up the match, and will stand to all hazards, I see no reason why the seller may not receive his full price: But if it be dangerous to the buyer (as if the horse be subject to perillous starting, or stumbling: or if the land be liable to a litigious claime, &c.) the seller is bound in conscience at least after the bargain) to reveale it, that the buyer may provide to prevent the mischief as much as may be.
But if the seller shall use art to cover the defects of his commodity, or shall mixe faulty wares with sound that they may passe undiscovered, he is more faulty then his wares, and makes an ill bargain for his soul.
Quest. What general rules are to be observed in buying and selling?
Answ. First, that it's not lawful for a Christian Chapman to thrive by fraud.
Secondly, that he may not sell upon other tearmes then he would wish to buy.
Thirdly, that his profit must be regulated by his conscience, not his conscience by his profit.
Fourthly, that he is bound to prevent the buyers wrong, or if heedlesly done to satisfie it.
Fifthly, that he ought to affect rather to be honest then rich.
Sixthly, that being a member of a community both civil, and Christian, he ought to be tender of another mans indemnity no lesse then of his own.
Quest. Whether may a man sell his Commodities the dearer for giving dayes of payment?
Answ. For answer hereunto we must remember that there are (according to the Casuists) three strages of prices. 1. The highest, which they call Rigorous. 2. The mean. 3. The lowest. If these keep within due bounds, though the highest be hard, yet it is not unjust, and if the lowest be favourable, yet it is not always necessary. If rhen you proportion but a just price to the time, and worth of your bargain, so that the present shall passe at the easiest price: Some short time for the mean, and the longer delay for the highest, I see not wherein you do offend.
Quest. What reason may be rendred to prove this lawful?
Answ. It is not meere time which is here set to s…le, which were odious in any Christian to bargain for: but there are two other considerations which render it lawful.
1. The hazard of money agreed upon, which often comes short in the payment, whilest inferiour Chapmen, into whose hands the commodity is scattered, prove… bankrupts: so as much losse hereby comes many times to the confident seller, whence is that proverb, A bird in the hand is worth two in the bush.
2. The cessation of that gain which the Merchant might have made of his money in the mean time, which probably might have been greater then the proportion of the raised price can amount to.
Quest. What if the seller be occasioned to call for his money, being driven to it by some emergent necessity, or drawn by the opportunity of a more gainful bargain, before the time wherein it is due?
Answ. He ought then to make an abatement proportionable to that time prevented, and that by reason of the inconvenience, or losse which the buyer sustaines, who may hereby be put upon straits, and inconveniences in getting in the money before the time appointed. But what quantity is to be allowed on the one part; or defalked on the other, is only to be moderated by Christian Charity, and that universal rule of doing what we would be willing to suffer.
Quest. Whether, and how far doth a fraudulent bargain bind men in conscience to performance?
Answ. Is the fraud actively yours, done by you to another? or passively put by another upon you: If the former? you must repent and make satisfaction, either by annuling the match, or making amends for the injury. If the latter: wherein did the fraud lie? If in the main substance of the thing sold? the bargain is void, both by the Law of nature, and of conscience: As if a man hath sold copper for gold-lace: or alchymie for silver; the reason given by the Casuists, is, because there is no bargain without consent. but here is no consent at all whilest both parties pitch not upon the same subject: The buyer propounds to himself gold, &c. the seller obtrudes copper, &c. the one therefore not buying what the other pretended to sell, here is no bargain, but a meer act of cousenage, liable to punishment both by the Laws of God and man. But if the fraud were onelyonly in some circumstances, as in some faulty condition of the thing sold not before discerned, or in the overprizing the commodity bought, the old rule is, Cavearemptor. You must hold to your bargain: But if the fault be so great that it mars the commodity, the seller (being conscious to the fault) is bound to make satisfaction.
In the matters of contract we must distinguish betwixt a willing deceit, and an unvoluntary wrong. If a man shall sell a horse which he knows to have a secret and incurable disease, to another for a sound one: and that other, believing the sellers protestation, shall upon the same price put him off to me: I am injured, but whither shall I go for amends? Not to the immediate seller, for he deceived me not: nor to the deceiver, for he dealt not with me: In this case, though the Law will not help me, yet the first seller is bound in conscience to give me, by his hands that sold me this injurious bargaine, due satisfaction.
There may be no lesse fraud in buying also: whether in unjust payment in false coine: or in buying by weights, or measures above allowance: or by wrong valuation of the substance and quality of the commodity, not known by the seller: As for example: A simple countrey man findes a quantity of Ambergreece cast upon the shore, and not knowing it, greaseth his shoes, &c. with it: A crafty Merchant that knows the worth of it, buys it for a small matter, and makes a great gain by it: The bargain is fraudulent, and requires a just recompence to the ignorant seller, into whose hands providence had cast so rich a booty.
Quest. Whether may a man lawfully buy those goods which he knows, or strongly suspects to be stollen? Or if he hath ignorantly bought such goods, whether may he lawfully, after the knowledge of the owner, keepe them?
Answ. To buy such goods as you know, or have just cause to suspect that they are stollen, makes you accessary to the theft: For if there were no receivers, there would be no thieves: But if, making use of Saint Pauls rule concerning meats, you extend your liberty to whatsoever is sold in the market, and shall in the exercise of that freedom upon a just, and valuable consideration ignorantly buy those goods, which you afterwards hear, and know to be anothers, your contract is faultlesse, since your invincible want of knowledge acquits you from any guilt of consent: yet withal, you are bound to acquaint the true owner with the matter, and to proffer your selves ready to joyne with him in the prosecution of the Law upon the offender, and upon an equal satisfaction to tender him his own.
B. Halls Cas. of Conscience.
Quest. What are the general rules that Christians should observe in all their dealings with others?
Answ. That we carry and behave our selves simply and uprightly, honestly, and with a good conscience as in the sight of God, who sees not only our outward actions, but the inwards thoughts of our hearts: and therefore they should do as Paul, Heb. 13.18. We trust that we have a good conscience in all things, willing to live honestly; and on the the contrary, in all our contracts we must shun all guile, and deceit, and all double dealing tending to the undermining and circumventing our neighbours, as Paul exhorts, 1 Thes. 4.6. Let no man go beyond, or defraud his brother, &c. and David tells us, Psal. 5.6. that God abhors the deceitful man.
Quest. What particular rules are to be observed?
Answ. First, in all our dealings we must observe truth in all our words, and not only speak it from our lips, but from our hearts, hating, and avoiding all subtil equivocations, and mental reservations tending to deceive those with whom we deal, Zac. 8.16.
Secondly, we must use fidelity in all our promises, performing them though it be to our own hindrance, unlesse he to whom we make them do release us, Psal. 15.2, 4.
Thirdly, justice in all our actions, giving every man his due, and dealing with others as we would have them deal with us.
Fourthly, charity and compassion in remitting our right in whole, or in part when the bargain proves hard, and to the hindrance of our poor neighbour who is not able to bear it.
Fifthly, patience, and contentednesse when we sustain damage, or be otherwise crossed, or overreached in any of our contracts, either purposely by those with whom we deal, or by some casualty which could not be foreseen.
Quest. What evils are to be avoided in our dealings with others?
Answ. First, lying, and equivocation which is as bad, Prov. 21.6. Getting treasures by a lying tongue is a vanity, &c. Prou. 13.11. wealth gotten by vanity shall be diminished, &c. yea, though a man could get the whole world by it, what would it profit him seeing thereby he loses his soule, Rev. 22.15. and 21.8.
Secondly, all perfideousnesse, and breach of promise, though it tend to our great advantage, seeing God will never blesse goods gotten by such meanes: Or if we should thrive by it, our worldly gaine will never recompence our spiritual losse, Prov. 10.2. Treasures of wickednesse profit nothing, &c.
Thirdly, uncharitablenesse, raising our gain out of our neighbours losse, whereas, as fellow members, we should labour to thrive together.
Fourthly, we must not through impatience fret, and murmur when we meet with crosses and losses in our contracts, but be content sometimes to lose as well as to gain, For which end we must not look so much to inferiour means, which oft are exceeding faulty, but fix our eyes upon the wise providence of our good God, who governs all things, even such as seeme most contingent, to his own glory, and the spiritual, and eternal good of them that love and fear him.
Quest. What duties are required of us in buying and selling?
Answ. These were mentioned before, yet I shall runne them over with some additions.
1. The seller must be the truly, and lawful owner of the things which he sells, or his deputy appointed by him, and that the buyer do not for his private gaine, buy any thing from any whom he thinks not to have any right to sell it: therefore they offend which buy stollen goods if they know it, or who sacrilegiously buy and sell Church-livings, and such things as have been freely consecrated to the service of God, of which sort are they that have bought Bishops, and Deanes, and Chapters lands, and Impropriations.
Secondly, the seller ought to sell, and the buyer to buy such things as are vendible, and may justly be bought, and sold. Such therefore offend as sell, or buy the gifts of the Spirit, as Simon Magus, Acts 8.18. or holy thing… which belong to God, and those who sell, and buy justice, or injustice by bribery given, or taken to fill their own purse…, and to pervert right, Isa. 1.23. and 5.23. Amos 2.6. They also who sell and buy truth and lies, as false witnesses, and such as hire them to give in false testimony. But most of all, such as for corruptible things sell their souls unto sin as Ahab did, 1 King. 21.20. and those, 2 King. 17.17.
Thirdly, we ought also to sell only such things as are fit for sale, or knowing them to be otherwise, to acquaint the buyer with it, and so to pitch a lower price according to their lesser value. We must not otherwise sell things that are falsified in respect of their substance, and such as are mixt and corrupt, for such as are good, which is a common fault amongst Merchants, and tradesmen, who for their greater gaine adulterate their wares, and mingle things of different degree in goodnesse, selling them all at the best rates.
Fourthly, we must sell such things onelyonly as are some wayes profitable to the Church of Common-wealth, either for necessary use, or for ornament, and delight: they therefore offend who sell such things as are unprofitable to others, much more they that sell such things as are pernicious, and hurtful in their nature: as they that sell Popish and heretical books to ignorant people, who are like to be seduced by them, obsceane, or Popish pictures, books full of ribaldry, and profannesse, fit only to corrupt such as read them.
Fifthly, we ought in selling and buying to set our wares at an equal price, the best rule whereof for the most part is the market, which values things not simply in their own worth, but with consideration of circumstances of scarcity, plenty, time and place, and not according to the price we gave, whether lesse, or more, nor only respecting whether we gain much or little, whether we get nothing, or lose thereby. For as necessarily through the change of prices we must sometimes lose, so we may gain at another time to regaine these losses, and to repaire our estate: and as we must not when we have an ill bargain, exceed the market, and so transferre our losse upon others, but patiently beare it as imposed by God: so when we have a good bargain in respect of the difference of places, and times, we may not, unlesse we would be uncharitable to our selves, put off our gain to others, but receive it thankfully as Gods blessing upon our labours. But yet herein we must take heed that we be not overstrict, seeking only our own gaine without respect to the Common wealth, nor uncharitable to the poore in joyning with others to keep up the market in times of scarcity: But when we can afford it, we ought to abate something, and by our example to bring down others to the like reasonable rates. Againe, we must take heed that we use no unjust, nor uncharitable courses to raise the markets, by forestalling, and buying up the things that are brought at low rates with purpose to sell them dearer in the same place: Or to ingrosse commodities, that having them all in our own hands, we may sell them at our own rates. Neither may we (as some companies use to do) combine our selves together to sell our wares at a certaine rate. Nor keep in our commodities to cause a dearth; seeing if we defraud the people of Gods blessings, we shall be liable to their curse, as, Prov. 11.26. Neither may the buyer desire to have commodities under the worth, especially when he hath to deal with the poor, whose necessities oft-times constrain them to take, not what their wares are worth, but what they can get for them. Such Shop keepers therefore offend grievously who take advantage of their poverty who work for them, sinfully to oppresse them, forcing them to sell their tears, sighs, and groanes with their wares, because wanting bread to put into their own, and their childrens mouths; they refuse to buy their wares, not because they do not want them but that therby they may beat them down to the vilest prizes, and so pinch and almost starve them who work hard for a poor living, whilest the buyer by his excessive gains, lives in all superfluous excesse, and grows wealthy.
Sixthly, in regard of the manner of buying and selling, we ought to use honest simplicity, avoiding all manner of fraud and deceit: They therefore offend who use a thousand devices to circumvent, and defraud their neighbours, as
1. By blinding their minds with their false praises of their wares, and their eyes with false, and deceitful lights.
2. By concealing the known faults of their wares, endeavouring to get the highest prices, as though they were faultlesse.
3. By asking double the price of their commodity, and taking it also if they can prevail with the buyer to give it.
4. By abusing their friends under colour of love, selling dearer to them then they would to a meer stranger.
5. By telling untruths either about the worth of their commodities, or the price which they cost them, or the mony that they have been offered, or that which they will take, and not under, and oft confirming their lives with intermingled oaths; and many other cheats which I cannot name.
Quest. How may thess sins in buying and selling be avoided.
Answ. If (as we professe) we would prefer justice, and charity, before deceit and self-love. 1. If we would consider that God is present, and beholds all our dealings, to whom ere long we must give an account, 1 Thes. 4.6. And lastly, if we would remember that it will profit us nothing to win the whole world with the losse of our souls, Mark 8.36.
Mr. Downams guide to godlinesse?