A Complete Body of Divinity, Sermons · 201 (Question 74 cont.)
SERMON CCI.
(III.) THERE is a Righteouſneſs to be followed, in the Farming of Houſes and Land. That ſuch a Contract as this is Lawful, is abundantly proveably from the Word of God; and the Neceſſity of it for the Good of Mankind, is a potent Confirmation of it: For, tho' every Man ought to Employ himſelf in ſome Calling, yet that is not the only way in which he may Rightfully advance his Eſtate. Some Men are able to Labour, but they have nothing to beſtow their Labour upon; others have an Eſtate of Poſſeſſion which either their Calling allows them not to Occupy by themſelves, or they have more than they can ſo Occupy: Some Men have an Eſtate in Houſing, which they have no occaſion for their own Uſe to Improve; others have None, and want one for the Convenience of their Occupation; ſo that by ſuch a Contract. Both the Parties may be Accommodated and Benefited, and humane Society comfortably maintained. But here alſo Justi…e is to be obſerved, and Cha…y to be maintained; and there are Duties here on either hand that ought to be obſerved.
AND here in General obſerve, that there is a great Difference between This, and that of Law; for in This the Principal remains in the hand of the Proprieter. and he runs the Riſque of all Caſualties, as of Fire, In…undations, &c. whereas in the Other, the Principal becomes his who Borrows it, and he is Reſponſible for it to his Creditor. And right Reaſon tells us, that on this account, a greater Profit ought to …doun…d to the Owner by Farming, than by …reſt for Time, in ordinary Caſes. But the Moral Law hath here alſo ſet Limits, which every one that would follow Righteouſneſs …g…t to confine himſelf unto.
(1.) IN reſpect of him who Lets out his E…s is Farm, there are theſe Rules to be at…ded;
1. HE ought to conſider his Neighbour's pe… …ble Benefit as well as his Own, in the Rate which he ſets upon his Houſes and Lands. It is a general Rule in all Contracts, that we are to ſeek our Neighbour's Good, as well as our Own i… it. Hence there can be no ſtated Value ſet in this Caſe; there may be the ſame Coſt laid out by the Proprietor, on one and another Tenement or Farm; but there may be a great difference in the Commodiouſneſs of the one and the other: We ought therefore to Conſult, whether he that Occupies or Improves it, may be a Gainer, and not a neceſſary Loſer by the Improvement, if it be not his own Fault; ſo that the Owner may in this regard Righteouſly …unce the Rent: But any thing that exceeds this, comes under the Sin of Oppreſſion; nor ought the Neceſſity of the Perſon that Hires, be improved to Exact of him, beyond this general Rule: For this doth not vary the thing it ſelf, nor is it follow the Golden Rule, to do to another, as we would rationally have him to do by Us.
2. THAT he ought to be Merciful to his Tenant, when meer Caſualty cutts off from him the Fruits of his Labour. If the Man by Idleneſs, or fooliſh Negligence loſeth his Benefit, it is his Fault, and a like P…ty is not Commanded to be uſed when it is ſo; but if an unforeſeen Fire takes away all the Man's Subſtance, and Impoveriſheth him to an Inability to defray his Arrears; or Drought, Rain, Caterpillars ſweep away the Fruit of his Labours, and he Loſeth all his honeſt Induſtry, the utmoſt Rigour of the Contract ought not to be Proſecuted, but ſome fair proportionable Abatement ought to be made; eſpecially if the Perſon be Poor, and brought into Diſtreſs by it: And this belongs to the, …harity, which the Word of God calls Righteouſneſs; and equally is required in this Command, as will afterwards be Conſidered.
(2.) IN reſpect of him who Tales ſuch on Eſtate to Farm: and here alſo two Rules are principally to be regarded;
1. HE ought to take Ca…e of his Landlord's Eſtate, that it ſuffers not, … mu…h as if it were his own. And this belongs to the Rule of Honeſty; for as the Landlord ought not to Oppreſs his Tenant, ſo is the other obliged to ſee that the Landlord be not Diminiſhed by his Default: For the deſign of ſuch Contracts, is that Each may be Benefited hereby; and without ſuch Care, he may Loſe more by ſuch Waſte, than his Gains are by the Rents, which is contrary to Juſtice or Equity. A Man may better Give the Hire of his Houſe to one, than make a conſiderable Rent for it of another, who makes the Reparation which he hath occaſioned, but more Chargable than the Rent is worth. A Man may by Strip and Waſte, and Neglect, ſo ſpoil a Living, as the Owner had better to have let it ly ſtill Unimproved: But this is not according to a good Conſcience.
2. HE ought to be Faithful in diſcharging his honeſt Obligation to his Landlord. And herein he is to be True to the Quantity, Quality and Time agreed upon; in every whereof his Righteouſneſs is concerned. It muſt be done without all Fraud or Deceit, or putting his Landlord upon the neceſſity of Loſs, or being at Charges for the Recovery of his Own: And doubtleſs all Law-ſuits commenced on this account, are occaſioned by the Unrighteouſneſs of One of the Parties at leaſt. Not but that if God's Providence puts the Man Behind-hand unavoidably, he may honeſtly Ask, and his Creditor ought in Charity of Uſe Patience till he may be able; but to uſe Pretences on this account which are Fallacious, as too many do, will not excuſe them from Sin; as if a Man pretends that he cannot Pay his Rent, when he falls behind by his I…leneſs, Prodigality, Drinking, fine Apparel. &c.
(IV.) THERE is a Righteouſneſſ to be obſerved in the Contracts of Buying & Selling, or in Merchandize. Merchandize, in the comprehenſive Notion of it, includes all manner of Contracts between Man and Man, in which one thing is given in Exchange for another; whereby the Right and Poſſeſſion paſſeth from the former Poſſeſſor, to the Purchaſer; and ſo it includes in it the Purchaſing of Lands & Houſes, and all the Sales that are made between Man and Man: Of the Lawfulneſs and Neceſſity of which, there needs no diſtinct Diſcourſe. All which is conſiderable under it, will fall in with what is to be ſaid in that which follows; only one CASE may be briefly conſidered, viz.
Queſt. WHETHER it be lawful for a Perſon to ſell an Inheritance which befalls him by Right of Heirſhip?
THE ground of this Enquiry is that Moſaical Law, which forbad the doing it Out-right; and provided that all ſuch Inheritances, as had fallen into the Poſſeſſion of others, ſhould revert to the Perſon, or his Heirs, in the Year of Jubilee.
Anſ: THIS Law was not Moral, but Judicial, and accommodated to the Conſtitution of the Iſra…l… tiſh Polity; & doubtleſs, had ſomething Typical in it, & referred to the Spiritual Kingdom of Chriſt; and was of the ſame order with the Preſervation of Gene…al …ies, and the keeping Inheritances to the Tr…e; and probably had a reſpect to the more c…ear Proving of the Deſcent of CHRIST Himſelf, according to the Predictions of Him: As alſo to intimate that the Heavenly Inheri…ance is reſerved ſafe for every true Iſrae…te, notwithſtanding his Fol…ies and Frailties in this Life. And we find that a Living in a walled City, might be ſold for ever, and not go forth in the Jubilee, Lev. 25.29, 31. It is true, a Man hath a Privilege to diſpoſe of his free Eſtate by Teſtament, and that is among Men accounted Sacred & Inviolable: And by this ſometimes Men do Entail Inheritances upon Poſterity, whereby they deprive their Heirs of a Liberty of Alienating the Property; which, tho' it ſeems to be a great hardſhip, yet ties their hands, and cuts them off trom a Power of Diſpoſing them. But when Men are Poſſeſt of ſuch Inheritances, either by a Purchaſe made by themſelves, or by a Free Alienation of it to them by Progenitors, without any ſuch Embaraſsment; they are at as much Liberty of Conſcience to Alienate theſe, as any other part of their Eſtate: And we are aſſured, the Jews themſelves were allowed to do ſo by any Lands, without the Confines of C…n…n, Acts 4.36, 37. And it is certain, that the Diſtinction be…ween Real and Perſonal, is meer…y Civil, and hath no Foundation in Divinity, ſo as in it ſelf to oblige the Conſcience.
BUT I proceed to the Conſideration of that which is more reſtrictively called Merchandize; which is, when Perſons do Sell and Exchange one thing for another, with a deſign to get Gain by it, and make an Eſtate in the World out of it; and accordingly do make it a Trade or Cal…ing, in which they do Emp…oy themſelves. And here I diſtinguiſh not between ſuch as Sell things by Whole ſale, or ſuch as Retail any Goods to others; for in Divinity they come under a like Conſideration, as to the general Rules given about it in the Word of God.
AND here before I proceed to a particular Diſcourſe of the Righteouſneſs required in it, there is a general CASE calls for ſome Conſideration, viz.
Queſt, WHETHER ſuch a Calling as this be Lawful? Not, Whether Men may Buy & Sell? for Neceſſity calls for that; But, Whether Men may m…ke it a Calling to Buy & Sell for Gain, and advancing a Living in the World by it?
Anſw SOME of the Ancients have altogether D…nied the Lawfuln…ſs of This, except the Perſon hath b…en at the Cost of Time and C…arge of obtaining the Property of the thing; as altering Iron into P…ts, or other Uſes, by Working of it; or turning Cloth into G…rment, &c. But the main Argument for this, is Chriſt's Whipping of the Buyers and Excha…gers out of the Temple; the weakneſs of w…ich is very obvious: For tho' it might be Proſ…neſs to do it there, yet it might be Lawful elſew…ere. The Scriptures no where Condemn it, and the Convenience of Mankind requ…res it; and the Apoſtle ſ…ms t…tly to approve 11, Jam. 4.13, 14. And not only doth one Neighbour depend on an…ther, but one Countrey is beholden to ano…her for things needful and convenient, and Man's Commodity requires, that there be ſuch of whom they may Purchaſe the things which they have occaſion for: There muſt therefore be ſuch who make it their Buſineſs; which is the proper Notion of Merchandize. And we have already obſerved, that every Calling is to get an Honeſt Living, by; and for that ſome Gain is neceſſary, nor ought Men to loſe th…ir Time, and Travail, and Hazards for nought, but may juſtly expect to have a moderate Profit by it. If then it be Lawful to Buy and Sell, it muſt be ſo to make a convenient Profit by it.
BUT the great …ifficulty here is, for ſuch to know how to Regulate themſ…lves in this, according to the mind of God, and ſo as to exerciſe exact Righteouſneſs in it; which is therefore now to be conſidered: And there are ſome general Heads, to which the Conſideration of this may be reduced;
(1.) THERE is a Rig…teouſneſs to b… uſed in the ſetting a due Value upon C…mmodities to be Sold and Bought. And this ſeems to be the moſt intricate Caſe in the whole myſtery of Merchandize; and in which there are great Lucres before Men of Trade and Dealing. There is indeed a general Rule which if Conſcientiouſly followed, would be a good Directory in this Affair, viz. That we ſhould ſeek our Own Gain, ſo as withal to conſuls our Neighbour's Benefit. That there may be a Diſhoneſt Gain, we are well aſſured by the Word of God; and that as well in the High Prizes of things, as any other way; and Men may do themſelves Wrong by it; for we are told, 1 Tim. 6.10. The love of money is the r…t of all evil: which while ſome have c…veted after, they have erred from the faith, and pierced themſelves through w…th m…ny ſ…rrows.
BUT the Enquity is,
Queſt. WHETHER there be any ſt…t… Rule for this, by attending whereto Men may keep a good Conſcience in their Dealings?
Anſw. TO which I reply, there doubtleſ… is; elſe the Scripture would in vain fin… fault with, and threaten M…n for their Ext…rtion, Ezek. 22 10. Thou haſt greedily gamed o… thy neighbours by extortion. 1 Cor. 5.11.—Or an extortioner, with ſuch an one, no not t… eat. But it is eaſier to tell what is Not th… Rule, than what it Is; but yet by this Neg… tive, we may b…elped in our right underſtanding of the Affirmative. Here then w… may for our help in this Affair take a fe… general Rules, which will carry ſure Direct… on in theſe:
1. THAT it is no Rule of Righteouſn…ſs, t… Buy as Cheap, and S…ll as Dear as we can This indeed is that which Men do too generally follow, and ſt…nd to juſtify; but co… trity to Scripture and right Reaſon. If i… were ſo, the Word of God in vain cond…m… Oppreſſion, it being a thing Impracticable and to talk of …iſ…ne… G…in in the Prizes of things, would be non…ſ…nſe, and a meer …ter. Nor would there be any room for the uſing of Conference in this Affair; for where there is no other Rule but this, Conſcience muſt needs be unbounded; and the common Good of Mankind altogether diſregarded: And this is manifeſtly condemned, Jer. 22.17. And it would be ridiculous for Men to ſay, It is ſo much Worth; when their meaning is, it is worth as much as they can Get for it: Doubtleſs there was another Intention in that, Gen. 23.15. …y Lord, hearken unto me the Land is worth four hundred ſhekels of ſilver.
2. IT is not the meer Intrinſical Value of the thing which is here to determine the Caſe. Many talk of this, but there is a great Fa…lacy in it, for indeed there is no ſuch thing as a Poſitive fixed Intrinſick Worth in Trading; for tho' it is certain, there is a real different Worth in things Comparitively; as ſome things are more Neceſſary for Man's Livelihood; and theſe things are really Better than ſuch as are meerly Superſl…i…ies: And things of the ſame kind may differ in Quality, …ne being good and ſ…nd, the other bad and decayed, and not ſo ſer…ceab…e; (but that will be conſidered afterwards,) but every thing hath its Changes; it is Worth ſo much at ſuch a Time, or in ſuch a Place; at another Time, and in another Place, it is Worth More or Leſs: And there are Circumſtances in Providence that vary this, …s will be obſerved: Hence that, Gen. 23.16. And Abraham hearkned unto Ephron, and Abraham weighed to Ephron the ſilver which he had …ed in the audience of the ſons of Heth, four hundred ſhekels of ſilver, currant m…m…y with the merchant.
3. THO the common Market-price be a general Governing Rule, yet it is not without …'s Exceptions. In things neceſſary for the Life of Man, it is Cuſtomary among well-govern'd People, for the Magiſtrates to State the Prizes, according to their beſt Diſcretion, and in a due Proportion; and Men ought not to exceed this: But it is too often a Practice between Men of the ſame Employment, to meet together, and by Agreement ſet what Price they pleaſe upon their Wares; which oftentimes becomes Oppreſſive, and tends to the Publick Damage; when they do this meerly to make an Exceſſive Gain by things, which they have no Reaſon for, but their own Covetouſneſs; and this is a Self ſeeking Spirit, without any regard to the Good of our Neighbour, which is contrary to Love.
4. THERE are juſt & warrantable Grounds on which the Prizes of things may vary. That which is worth but ſo much at one Time, may be of greater Value at another, and that for good and juſt Reaſons. The Scarcity of things neceſſary, brought by the over-ruling Providence of God, doth and will enhaunce the Worth; …s when God ſends War, Bla…ings, Murrain, and the like, which make Neceſſaries hard to procure; whereas when there is …enty, it makes them Cheap; and there is Reaſon for it, becauſe theſe things do ſt… … Owner in m…re …oſt to procure, in a Time of Scarcity: Only here alſo there is danger of In…, viz when particular Perſons do by Agreenment …ke a Scarcity, by Hording up their …oods, and …t expoſing them to Sale, on purpoſe for private Gain: Hence that, Prov. 11.2…. He …t with-bol…th c…rn, the p…o… ſhall curſe …im: but bleſſing ſhall be upon the head of …m that ſe… …t.
5. IT is Lawful to take a moderate Advance upon Forbearance. There is a rational Difference between ready Exchange, and …it: And there is not only Time, which we formerly obſerved, may be conſidered but alſo Ha…ard; and the Creditor is ſo long out of his Stock, which he might elſe have probably t…rned to his Advantage, and the D…btor hath his Advantage alſo by it; and otherwiſe, Men are like to loſe their lawful Gains. for which there is no Reaſon to be given: Only this is not Unlimited, but muſt keep within the bounds of M…d…rati…n, and Rules of Equity.
6. THAT there ought to be the ſame Pr…e in the ſame Circumſtances. My meaning is, that Perſons ought not to ask More of one t…an another, from any Advantages which are before them. Not but that if they have a mind to pleaſure a Friend, they may lawfully make Abatements, becauſe they may Give it, if they ſee meet, and it will be no Wrong to others if they ſo do: But they ought not to ask more of an Ignorant Perſon, than a Sk…fu… one; or Advance upon any, beyond what they ordinarily Sell for, by reaſon of Neceſſity, or their Ignorance of the Market; and to Sell according as they find Fools, as ſome boaſt; for this is contrary to the Rule, bidding us be Eyes to the Blind, and to conſider the Po…r in their Straits.
7. THE greater Risk that Men run in procuring their Wares, the greater Gain they may lawfully ſeek. There is indeed ſome Risk which all run, of unforeſeen Caſualties; which is one Reaſon why they may lawfully Gain by their Trading: But ſome run a greate… than others. viz. the Ha…ards of the Sea, the danger of Pirates, the uncertainty of the Market; and more peculiarly …n Times of War, where alſo the Charges are encreaſed: Not as if Men were for this Reaſon to reſolve to make up their Loſſes which they ſuſtain by Shi…ee…, &c. out of their Returns; but that ſuch things allow a greater Gain, than is to be ſought by ſuch as only Buy & Sell without ſuch Ha…ards and Charge: Tho' ſtill the common Market Price will over-rule in this Affair, unleſs t…e Wares are ſuch as are not elſe-where to be Purchaſed
8. THERE is a Difference between things …f real Uſe, and things that are meerly of Fancy. There are ſome things that Men cannot be without, ſuch as are for Food and R…ment; and for theſe things to Screw Men up to t…e height, is real Oppreſſion; becauſe they … have them, whatever it C…ſt them, … muſt be great Sufferers: Whereas …the… … are only to pleaſe Mens Hun…: & they will ſnow themſelves …o… if to …a…fy their P… and C…ri…ſity they will be at Unreaſonable Expence for them. … tho Men may be Unconſcionable, in ſetting ſuch things at exceſſive Rates; yet the Buyer alſo is guilty, if he will Purchaſe the gratification of his Humour to his own Damage.
9. THAT in ſuch Contracts Men are to conſider their Neighbours, as well as themſelves. The Word of God indeed hath not fixed the ſtated Value of things, becauſe theſe things are to vary according to Circumſtances: But this general Rule hath ſufficient Direction to tender Conſciences; and if Men do keep within theſe Bounds, they will maintain Righteouſneſs on this account.
(2.) THERE is a Righteouſneſs to be obſerved in Men's uſing of plain Dealing one with another with reſpect to the things Bought and Sold. And this alſo is neceſſary for the right Regulating of the Value which they ſet upon the Commodities, which they offer to Sale to their Neighbours; or elſe they cannot keep thoſe to the Rules of Righteouſneſs.
N…W this Honeſty is to be uſed,
1. IN regard of Agreement for the Price of things to be Bought and Sold
[1.] THE Seller ſhould be Modeſt & Conſcientious in h… Demands There is indeed a L…de, and a Perſon may without Sin, ask ſo much for a Commodity, as he may take for it, within the compaſs of lawful Gain, tho' he had rather Abate ſomething of it, than forego his Cuſtomer; becauſe if he give him ſo much, there is no Extortion in the thing: But to Demand that which is Extravagant, ſuppoſeth that he would take ſo much, if the Buyer will give it him: Or he ſurely lays himſelf open to Temptation, in caſe he makes no Scruple, but thinks it is the Worth, when it is not.
[2.] THE Buyer ſhould be Moderate in his Beating down the Seller in his Commodity. It is every Man's Duty to be willing that his Neighbour ſhould Live by his Calling, and have thoſe reaſonable Gains, which all Men allow; and therefore to beat him down, and when he asks that which is Honeſt between Man and Man, not to be ſatisfied with that, but Hackle in it, is Diſhoneſty: And this more eſpecially, when one Commodity is offered in Exchange for another, and the Man hath Need, and no other Exchange to offer; to beat him down to his manifeſt Loſs, not only in the thing it ſelf, but in the Value it commonly paſſeth at, is far from Fair Dealing; whilſt He ſtill holds up His Wares at the full Price without Abatement.
2. THERE is Honeſty alſo to be practiſed with regard to the Things themſelves which are Sold. And here,
1. THE Seller ought not to over-commend his Ware; to ſet it forth with Fallacious Encomiums put upon it, and thereby ſeek to Impoſe upon him, and draw the Perſon in. And there are ſeveral Impostures here to be avoided, if Men would deal fairly on this account. To Commend a thing for the Beſt, when he either knows not that it is ſo, or knows that it is not ſo, but that there is far Better to be procured, and at the ſame Rate; to ſay, it ſtood me in ſo much at the Firſt Coſt; and pretend that …e makes but ſuch a moderate Gain by it, when it is not ſo; to aſſure him, that he will not get better Cheap any where elſe, when he knows that he ſpeaks Falſe; and all this to draw in a Cuſtomer; is not only a Breach of the A… Command, but alſo of the E…, in that it i… to impoſe upon his Ignorance and Credulity
2. THE Buyer ought … to Depreciate … …nduely Undervalue the Commodity which be offers to Buy. To detect notorious and apparent D…fear in the thing, is not only Lawful, but Prudent; and belongs to humane Diſcretion; for it is fitting that every Man ſhould know and ſ…y himſelf in the thing that he Purchaſeth, ſo far as he can diſcern: But to Depreciate, find Fault without Reaſons: … beat the thing down, when in his Conſcience …e knows that it is not ſo; is …ot fair Dealing but the contrary; and is that which the Wiſe Man obſerves to be a common Fraud among Men, Prov. 20.14. It is naught, it is naught, ſuch the buyer: but when he is gone his way, then he boaſteth.
3. A Man ought not to Sell one thing, for another. i.e. under the Title of another. There are many Counterfeit Wares in the World, which paſs under another Name, and are of a far … er Value: which are therefore made and vended for a Cheat; and a Cuſtomer may ask for one thing but becauſe he knows it not, he may be impoſed on by another: But this will n… Honeſt Man do, unleſs he alſo have been Deceived, and remains Ignorant; for if he know it, he ought not to Deceive, becauſe he hath been Deceived; but muſt ſuffer the Loſs himſelf, unleſs he can Right himſelf of the Perſon that Injured him.
4. A Man ought not to Sell a known Bad thing, f…r a Good thing: And he doth ſo, when he asks the ſame Price for it, which he would if it were Good and Merchantable. It was one thing Cenſured by the Prophet, Amos 8.6. The ſelling the Refuſe of the Wheat. When there is a Difference in the known Go…neſs of a thing, there ought to be a proportionable Difference in the Price; for in this regard, there is an Intrinſical Value, as we before obſerved.
AND here that CASE comes in, viz.
Queſt. WHETHER it be not Lawful f…r a Perſon to Conceal the known Defects of his Wares?
Anſ. TO which it may be replied that if the Defect be ſuch, as doth really Depreciate the thing, and render it Unſerviceable to the Uſe and End of it, and the Perſon Buying it, will certainly ſuffer Injury thereby; and the Defect be ſuch, as he cannot well diſcover, either by reaſon that it is not obvious to common View, or it be ſuch as he hath no Skill in; Honeſty requires that he be told of it, and if he will count it None, he is dealt fairly withal. And there are many ſuch Caſes: A Commodity may look fair and ſeem as Good as any; and yet be rotten and unſerviceable, and I know it to be ſo; there may be a Counterfeit Coin, which is of a boſer Metal; and tho' others know it, the Perſon doth not; but I …o…k it, and therefore will p…ſs …; at leaſt it may look fair, but have that imperfection that makes it unſerviceable, and the like: In this Caſe I am to Diſcover it; and tho' I muſt be a …ſer in ſo doing, yet it … ſ…t that I do not by Fraud and Deceit Impoſe … an Innocent Perſon, to ſave my ſelf.
AND if we follow theſe Rules in this Affair, it is the way to keep a good Conſcience, which is better than Gain by Deceit.
[JUNE 26. 1705.]