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part of her husband's goods to do good works withal > : for supposing him to be unwilling, and that the work was his duty or hers alone, or both theirs in conjunction, or of great advantage to either of their souls, and no violence to the support of their families, she had right to all that: and Abigail, of her own right, made a costly present to David, when her husband Nabal had refused it. The husband must a rule over his wife, as the soul does over the body, obnoxious to the same sufferings, and bound by the same affections, and doing or suffering by the permissions and interest of each other: that (as the old philosopher said) as the humours of the body are mingled with each other in the whole substances, so marriage may be a mixture of interests, of bodies, of minds, of friends, a conjunction b of the whole life, and the noblest of friendships. But if, after all the fair deportments and innocent chaste compliances, the husband be morose and ungentle, let the wife discourse thus : “ If while I do my duty, my husband neglects me; what will he do, if I neglect him ?” And if she thinks to be separated by reason of her husband's unchaste life, let her consider, that then the man will be incurably ruined, and her rivals could wish nothing more than that they might possess him alone.
The Duty of Masters of Families. 1. The same care is to extend to all of our family, in their proportions, as to our children : for as, by St. Paul's economy, the heir differs nothing from a servant, while he is in minority, so a servant should differ nothing from a child, in the substantial part of the care; and the difference is only in degrees. Servants and masters are of the same kindred, of the same nature, and heirs of the same promises, and therefore, 1. must be provided of necessaries, for their support and maintenance. 2. They must be used with mercy. 3. Their work must be tolerable and merciful. 4. Their restraints must be reasonable. 5. Their recreations fitting and healthful. 6. Their religion and the interest of souls taken care of. 7. And masters must correct their servants with gentleness, prudence, and mercy; not for every slight fault, not always, not with upbraiding and disgraceful language, but with such only, as may express and reprove the fault, and amend the person. But, in all these things, measures are to be taken by the contract made, by the laws and customs of the place, by the sentence of prudent and merciful men, and by the cautions and remembrances given us by God; such as is that written by St. Paul, “as knowing that we also have a Master in heaven.” The master must not be a lion in his house, lest his power be obeyed, and his person hated; his eye be waited on, and his business be neglected in secret. No servant will do his duty, unless he make a conscience, or love his master: if he does it not for God's sake or his master's, he will not need to do it always for his own.
z Kréfuou nadà xaljenata čve åvdeos Tès sútorías inoinoe.
Namque es ei pater et frater, venerandaque mater: nec minus facit ad dignitatem viri, si mulier eum suum præceptorem, philosophum, magistrumque appellet. — Plutarch. Convictio est quasi quædam intensio benevolentiæ.
• Ou xquoòs, où tugavvis, où thoutou hodin
Τοσούτον είχεν διαφόρους τας ηδονάς,
Γνώμη δικαία, και φρονούσα τ' ανδρικά.
Non aliter fiunt fæmina virque pares.
The Duty of Guardians or Tutors. Tutors and Guardians are in the place of parents; and what they are in fiction of law, they must remember as an argument to engage them to do, in reality of duty. They must do all the duty of parents, excepting those obligations which are merely natural.
The duty of ministers and spiritual guides to the people is of so great burden, so various rules, so intricate and busy caution, that it requires a distinct tractate by itself.
SECTION III. Of Negotiation, or Civil Contracts. This part of justice is such, as depends upon the laws of man directly, and upon the laws of God only by consequence and indirect reason; and from civil laws or private agreements it is to take its estimate and measures: and although
our duty is plain and easy, requiring of us honesty in contracts, sincerity in affirming, simplicity in bargaining, and faithfulness in performing ; yet it may be helped by the addition of these following rules and considerations.
Rules and Measures of Justice in Bargaining.
1. In making contracts, use not many words; for all the business of a bargain is summed up in few sentences : and he that speaks least, means fairest, as having fewer opportunities to deceive.
2. Lie not at all, neither in a little thing nor in a great, neither in the substance nor in the circumstance, neither in word nor deed : that is, pretend not what is false; cover not what is true; and let the measure of your affirmation or denial be the understanding of your contractor; for he, that deceives the buyer or the seller by speaking, what is true in a sense, not intended or understood by the other, is a liar and a thief. For, in bargains, you are to avoid not only what is false, but that also which deceives.
3. In prices of bargaining concerning uncertain merchandises, you may buy as cheap ordinarily, as you can; and sell as dear as you can, so it be, 1. without violence; and, 2. when you contract on equal terms with persons in all senses (as to the matter and skill of bargaining) equal to yourself, that is, merchants with merchants, wise men with wise men, rich with rich; and, 3. when there is no deceit, and no necessity, and no monopoly : for in these cases, viz. when the contractors are equal, and no advantage on either side, both parties are voluntary, and therefore there can be no injustice or wrong to either. But then add also this consideration, that the public be not oppressed by unreasonable and unjust rates : for which, the following rules are the best measure.
4. Let your prices be according to that measure of good and evil, which is established in the fame and common accounts of the wisest and most merciful men, skilled in that manufacture or commodity; and the gain such, which, without scandal, is allowed to persons, in all the same circumstances.
5. Let no prices be heightened by the necessity or un-.
skilfulness of the contractor: for the first is direct unchari. tableness to the person, and injustice in the thing; because the man's necessity could not naturally enter into the consideration of the value of the commodity; and the other is deceit and oppression : much less must any man make necessities; as by engrossing a commodity, by monopoly, by detaining corn, or the like indirect arts; for such persons are unjust to all single persons, with whom, in such cases, they contract, and oppressors of the public. .
6. In intercourse with others, do not do all, which you may lawfully do; but keep something within thy power : and, because there is a latitude of gain in buying and selling, take not thou the utmost penny that is lawful, or which thou thinkest so; for although it be lawful, yet it is not safe ; and he that gains all, that he can gain lawfully, this year, possibly, next year, will be tempted to gain something unlawfully. : 7. He that sells dearer, by reason he sells not for ready money, must increase his price no higher, than to make himself recompense for the loss, which, according to the rules of trade, he sustained by his forbearance, according to common computation, reckoning in also the hazard, which he is prudently, warily, and charitably, to estimate. But although this be the measure of his justice, yet because it happens either to their friends, or to necessitous and poor persons, they are, in these cases, to consider the rules of friendship and neighbourhood, and the obligations of charity, lest justice turn into unmercifulness.
8. No man is to be raised in his price or rents in regard of any accident, advantage, or disadvantage, of his persond. A prince must be used conscionably, as well as a common person; and a beggar be treated justly, as well as a prince : with this only difference, that, to poor persons, the utmost measure and extent of justice is unmerciful, which to a rich person, is innocent, because it is just; and he needs not thy mercy and remission.
9. Let no man, for his own poverty, become more oppressing and cruel in his bargain, but quietly, modestly, diligently, and patiently, recommend his estate to God, and follow its interest, and leave the success to him: for such courses will more probably advance his trade; they will certainly procure him a blessing and a recompence; and, if they cure not his poverty, they will take away the evil of it: and there is nothing else in it, that can trouble him.
d Mercantia non vuol nè amici nè parenti.
10. Detain not the wages of the hireling; for every degree of detention of it beyond the time is injustice and uncharitableness, and grinds his face, till tears and blood come out: but pay him exactly according to covenant, or according to his needs.
11. Religiously keep all promises and covenants, though made to your disadvantage, though afterwards you perceive, you might have been better : and let not any precedent act of yours be altered by any after-accident. Let nothing make you break your promise, unless it be unlawful, or impossible : that is, either out of your natural, or out of your civil power, yourself being under the power of another; or that it be intolerably inconvenient to yourself, and of no advantage to another; or that you have leave expressed, or reasonably presumede.
12. Let no man take wages or fees for a work, that he cannot do, or cannot with probability undertake, or in some sense profitably, and with ease, or with advantage manage. Physicians must not meddle with desperate diseases, and known to be incurable, without declaring their sense beforehand; that if the patient please, he may entertain him at adventure, or to do him some little ease. Advocates must deal plainly with their clients, and tell them the true state and danger of their case; and must not pretend confidence in an evil cause: but when he hath so cleared his own innocence, if the client will have collateral and legal advantages obtained by his industry, he may engage his endeavour, provided he do no injury to the right cause, or any man's person.
13. Let no man appropriate to his own use, what God, by a special mercy, or the republic, hath made common; for
e Surgam ad sponsalia, quia promisi, quamvis non concoxerim : sed non, si febricitavero : subest enim tacita exceptio, si potero, si debebo. Effice ut idem status sit, cùm exigitur, qui fuit, cùm promitterem. Destituere levitas non erit, si aliquid intervenit novi. Eadem mihi omnia præsta : et idem sum.-Seneca De Benefic. lib. iv. cap. 39. Ruhk. vol. iv. p. 197.
f Brassavol. in exam. simpl.