Answ. There are covenants which make relations (as between husband and wife, pastor and flock, rulers and subjects); and covenants which convey title to commodities, of which only I am here to speak. And in these there are some conditions which are essential to the covenant; if the other first break these conditions, you are disobliged. But there are other conditions which are not essential, but only necessary to some following benefit, whose non-performance will only forfeit that particular benefit; and there are conditions which are only undertaken subsequent duties, trusted on the honesty of the performer; and in these a failing doth not disoblige you. These latter are but improperly called conditions.
Quest. XXXVI. May I contract to perform a thing which I foresee is like to become impossible or sinful, before the time of performance come, though it be not so at present.
Answ. With all persons you must deal truly; and with just contractors openly; but with thieves, and murderers, and persecutors, you are not always bound to deal openly. This being premised, either your covenant is absolutely, This I will do, be it lawful or not, possible or impossible; and such a covenant is sin and folly: or it is conditional, This I will do, if it continue lawful, or possible: this condition (or rather exception) is still implied where it is not expressed, unless the contrary be expressed: therefore such a covenant is lawful with a robber with whom you are not bound to deal openly; because it is but the concealing from him the event which you foresee. As e. g. you have intelligence that a ship is lost at sea, or is like to be taken by pirates, which the robber expecteth shortly to come safe into the harbour: you may promise him to deliver up yourself his prisoner, when that ship cometh home. Or you know a person to be mortally sick, and will die before the next week; you may oblige yourself to marry or serve that person two months hence; for it is implied, if he or she be then alive. But with equal contractors, this is unlawful, with whom you are obliged not only to verity but to justice; as in the following cases will be further manifested.
Tit. 3. Special Cases about Justice in Buying and Selling.
Quest. I. Am I bound to endeavour that he whom I deal with may be a gainer by the bargain as well as I?
Answ. Yes, if you be equally in want, or in the like condition; but if he be very poor, and you be rich, charity must be so mixed with justice, that you must endeavour that it be more to his commodity than yours (if he be one indeed that you owe charity to). And if you be poor, and he be rich, you may be willing to be the only gainer yourself, so be it you covet not another's, nor desire that he be wronged; for when he hath power to deal charitably, you may be willing of his charity or kindness.
Quest. II. May I desire or take more than my labour or goods are worth, if I can get it?
Answ. 1. Not by deceit, persuading another that they are worth more than they are. 2. Not by extortion, working upon men's ignorance, error, or necessity (of which more anon). 3. Not of any one that is poorer than yourself, or of any one that intendeth but an equal bargain. 4. But if you deal with the rich, who in generosity stick not at a small matter, and are willing another should be a gainer by them, and understand what they do, it is lawful to take as much as they will give you.
Quest. III. May I ask in the market more than my goods are truly worth?
Answ. In the case last mentioned you may; when you are selling to the rich, who are willing to show their generosity, and to make you gainers. But then the honest way is to say, it is worth but so much; but if you will give so much more because I need it, I will take it thankfully. Some think also where the common custom is to ask more than the worth, and people will not buy unless you come down from your first demand, that then you may lawfully ask more, because else there is no trading with such people. My judgment in this case is this, 1. That ordinarily it is better to ask no more at all but a just gain; and that the inconveniences of doing otherwise are greater than any on the other side; for he that heareth you ask unjustly may well think that you would take unjustly if you could get it, and consequently that you are unjust. 2. But this just gain lieth not always just in an indivisible quantity, or determinate price. A man that hath a family to maintain by his trade, may lawfully take a proportionable, moderate gain; though if he take less he may get something too. To be always just at a word is not convenient; for he that may lawfully get two or three shillings or more in the pound of the rich, may see cause to let a poorer person have it for less; but never ask above what it is reasonable to take. 3. And if you once peremptorily said, I will take no less, then it is not fit to go from your word. 4. And if you do meet with such fools or proud gallants, who will not deal with you unless you ask dear, it is just that when they have given you more than it is worth, you tell them so, and offer them the overplus again. And for them that expect that you abate much of your asking, it is an inconvenience to be borne, which will be ever to your advantage when you are once better known.