Quest. XVII. If the buyer lose the commodity between the bargain and the payment, (as if he buy your horse, and he die before payment, or presently after,) what should the seller do to his relief?
Answ. If it were by the seller's fault, or by any fault in the horse which he concealed, he is to make the buyer full satisfaction. If it were casually only, rigorous justice will allow him nothing; and therefore if it be either to a man that is rich enough to bear it without any great sense of the loss, or in a case where in common custom the buyer always standeth to the loss, mere justice will make him no amends. But if it be where custom makes some abatement judged a duty, or where the person is so poor as to be pinched by the loss, that common humanity, which all good men use in bargaining, which tempereth justice with charity, will teach men to bear their part of the loss; because they must do as they would be done by.
Quest. XVIII. If the thing bought and sold prove afterward of much more worth than was by either party understood, (as in buying of ambergris and jewels it oft falleth out,) is the buyer bound to give the seller more than was bargained for?
Answ. Yes, if it were the seller's mere ignorance and insufficiency in that business which caused him so to undersell it (as if an ignorant countryman sell a jewel or ambergris, who knoweth not what it is, a moderate satisfaction should be made him). But if it were the seller's trade, in which he is to be supposed to be sufficient, and if it be taken for granted beforehand, that both buyer and seller will stand to the bargain whatever it prove, and that the seller would have abated nothing if it had proved less worse than the price, then the buyer may enjoy his gain; much more if he run any notable hazard for it, as merchants use to do.
Quest. XIX. What if the title of the thing sold prove bad, which was before unknown?
Answ. If the seller either knew it was bad, or through his notable negligence was ignorant of it, and did not acquaint the buyer with so much of the uncertainty and danger as he knew, or if it was any way his fault that the buyer was deceived, and not the buyer's fault, he is bound to make him proportionable satisfaction. As also in case that by law or bargain he be bound to warrant the title to the buyer. But not in case that it be their explicit or implicit agreement that the buyer stand to the hazard, and the seller hath done his duty to make him know what is doubtful.
Quest. XX. What if a change of powers or laws do overthrow the title, almost as soon as it is sold, (as it oft falls out about offices and lands,) who must bear the loss?
Answ. The case is near the same with that in quest. xvii. It is supposed that the seller should have lost it himself if he had kept it but a little longer; and that neither of them foresaw the change; and therefore that the seller hath all his money, rather for his good hap, than for his lands or office (which the buyer hath not). Therefore except it be to a rich man that feeleth not the loss, or one that expressly undertook to stand to all hazards, foreseeing a possibility of them, charity and humanity will teach the seller to divide the loss.
The same is the case of London now consumed by fire; where thousands of suits are like to rise between the landlords and the tenants. Where the providence of God (permitting the burning zeal of some papists) hath deprived men of the houses which they had hired or taken leases of, humanity and charity requireth the rich to bear most of the loss, and not to exact their rents or rebuilding from the poor, whatever the law saith, which could not be supposed to foresee such accidents. Love your neighbours as yourselves; do as you would be done by; and oppress not your poor brethren; and then by these three rules you will yourselves decide a multitude of such doubts and difficulties, which the uncharitable only cannot understand.