Works, Chapter 19
CHAP. XIX. Rules of Wiſdome for Justice, Firſt, Commutative. Secondly, Diſtributive. Thirdly, Promiſsive. Fourthly, Retributive.
COncerning Juſtice commutative, in contracts and bargains, ſome rules concern the ſeller and the buyer.1 Juſtice commutative.
The ſeller muſt not abuſe or wrong the buyer, neither in the kind, nor quantity, nor quality of his commodity, concealing the defe…t, with that prophane proteſtation, Caveat emptor: Nay the caveat is for the ſeller, who would not bee deceived in his bargains with oathes, lies, tricks; and ſo is bound to do to others, 1 Theſſ. 4.6. Let no man oppreſs or defraud his Brother in any matter: Here th… holy Apoſtle condemns fraud by two reaſons. 1 From the near conjunction wee have one with another, hee is our b…other, in fleſh and in faith: 2 From the certainty of Gods wrath, For the Lord is the avenger of all ſuch th ngs, Lev. 19.11. Yee ſhall not ſteal, nor deal falſly, nor lye one to another. And in Ezek. 22.12, 13. a fearful deſtruction is threatn…d againſt Jeruſalem, for bribes, uſury, fraud, and oppreſſion. Where by the way, Uſurers may do well to conſider amongſt whom the Lord there rank…s them.
The buyer alſo muſt not entertain the ſeller with words of diſſimulation, vilifying the thing, to buy it beneath the worth, Prov. 20.14. n…r detain the price beyond the agreed time, as many do, whoſe care is to get into debt, and take up more commodity in one year, than they mean to pay in twenty; and when a…l is done, pay pounds ſcarce with crowns: A little m…re ſafe Theevery, than by the high-way, never a whit more honeſt or juſt.
In Juſtice diſtributive, never forget that golden rule, to do as wee would bee done unt…, Matt. 7.12. 2 Juſtice diſtributive.Whatſoever yee would that men ſhould do unto you, that do yee unto them; for this is the Law and the Prophets; the Royal Law, Jam. 2.8. that is, the Kings Law, and the chief of all Laws which concern our neighbours.
Obje t. But here the Uſurer hath a Text for himſelf, ſaying, I would willingly pay ten in the hundred if I had need, and therefore I may take ſo.
Anſw. 1 This muſt bee ordered by Grace, and the word of God, not by mens blinde and depraved jud…ment. 2 This general rule muſt guide us where wee want a ſpecial word, which wee have in the caſe of Uſury. 3 It is falſe that thou ſayeſt, thou wouldeſt not pay uſe, if thou couldeſt borrow freely; therefore if in thy need thou wouldeſt borrow freely, lend freely.
Others having over-reached their neighbours, ſay, they may and muſt make the moſt of their own, and they forced not their wares on them: But tell mee, wouldeſt thou bee over-reached or deceived? or wouldeſt thou have another to make advantage of thy neceſſity or ſimplicity? I know thou wouldeſt not: Luke 10.37.…o thou, and do the like.
Concerning promiſſive Juſtice, in promiſes and covenan…, he rule is this, 3 Juſt…ce promiſſive.That all law…ul promiſes muſt bee kept, ſuppoſe they were … never …raſhly, to perſons never ſo bad, though to the very great hindrence of the party making them. I explain it thus: Firſt▪ I ſay, a la…ful promiſe, nor ſuch as Herod made to Herodias, Jucam…ntum non ſi … non ſum …qu…tatis.to give her john Baptiſts hea… in a pratter; for of ſuch it is well ſaid, Reſcinde fidem, In turpi vo…mura decretum, break thy word, and change thy determination; ſo did David in N…ls caſe. 2 Sam 25.But if it bee lawful, thou muſt not bee perfidious or ſlippery, as many like Ec…es can ſlip out of moſt fair and cauteious contracts for their own advantage.
Object. What if I have done it raſhly?
Anſ. Repent of thy raſhneſs, but perform thy promiſe.
Object. What, to a le…d fellow, or an heretick?
Anſw. Papiſts ſay no. A poſition that hath covered and coloured more horrible treachery and perfidiouſneſs than ever was found among the heathens. Con. Conſtan. Fides non ſervand… cum haereticis.But Joſhua when hee was circumvented, and drawn in by lies and deceit, to make a raſh covenant with the Gibeonites, ſtrangers to the covenant of grace, did faithfully keep it: And when Saul many hundred years after did break their contract, hee was plagued with ſore famine, which could never be aſſwaged but by the death of his ſons, 2 Sam. 21.6, 14. So in the Turkiſh Hiſtory, the ſtory of Ladiſlans, ſuddenly breaking the Truce made for ten years, with Amurathes the great Turk, by the counſel of Pope Eugenius, ſheweth in the event, the wickedneſs of that poſition and practice, by the effuſion of much Chriſtian blood, and the confuſion of as many as had hand in that treacherous counſel.
Object. But I ſhall bee greatly hindred.
Anſw. Acknowledge thy croſs, make a good uſe of it, but perform thy promiſes: Who ſhall dwell on Gods Holy Mountain? Hee that ſweareth to his own hindrance, and changeth not, Pſam 15.4. Take heed of forfeiting Heaven for a little earth.
4 Juſtice retributive.Concerning Juſtice retributive, in borrowing and lending, Rom. 13.8. Owe nothing to any man ſave love. Doth not nature teach us to give every man his due? And doth not grace teach us to deal juſtly? a main point of which juſtice is to pay debts. But our rule aimeth at two things:
Firſt, To keep out of debt as much as may bee: Owe nothing, and that is by avoyding the meanes of debt: As 1 To live above ones degree and ability, to neglect frugality and moderation. 2 Drinking, Gluttony, Wine, Tobacco. 3 Building, Purchaſing, Wardrobe. 4 Suretiſhip and raſh undertaking of others payments. 5 Gaming, Dicing, Whoring. 6 Uſury. All which directly make againſt this rule of juſtice.
Secondly, To get out of debt being in, and make due and timely ſatiſfaction, and not as many, who force their Creditors to recover by Law, what was in love lent them. What is the general voice of men in their trades? but complaints of mens unfaithfulneſs, whiles many make no conſcience of paying debts, others can pay ſome to keep their credit, or all to bee truſted again, but few pay any of Conſcience, becauſe of the Commandement.
Object. But I am not able to pay my debts.
Anſw. Then go and humble thy ſelf to thy Creditor, Prov. 6.3. purpoſe and promiſe to pay all when thou art able.
Object. So I ſhall utterly impoveriſh my ſelf.
Anſw. 1. Is not a little with righteouſneſs and peace with God and thy conſcience, better than a great deal with iniquity?
2 Conſider how God bleſſed a little to that poor Widow, that ſold all to pay her debts, 2 Kings 4.7. her oyle was increaſed, till ſhe had enough for her creditors, and her ſelf.