L' xODUS XXII. ' fpeaketb of the Lay,, and :bye lower are far them. The foure keepers are, bee that kepethfin. no :hing,erulbee that borroweeh,and be that take& wages ((r keeping) and be that hireth a thing. The three lawes fir them are thefe : Hee that litepetb fur nought,if he thing be ftollen f omhim, or loft, or die. &c. muff be fworne that bee hash kept it as the manner of keepers is to doe, f° bee is f ee,Exodns 22. 7.8. The borrowerpayeth fir all, whether the thing bor- rowed be luf, or pollen, or die, &c. Exodus 22.14. The receiver of wages , and the hirer, there is one lawfor them both : that if the thing be loll or flohen they pay fir' it, Exodus z2.12. if it de, or by any the like vi,bnee be fordone ; they muff be fworne that fait was, and they are fee, Exodus 22.10.1 I. Maimony, in Mifneh. treat. of Hired things, chap. I. Sett. 1. 2. broken] hurt,or maimed, &c. under thefe things fpecified all other violent accidents are implied : as loft by fhipwracke,and the like. I i Vert r r oath of Iehovab] that is , whereby the Lord is taken to witneffe : becaufe there was no ntan that law and could teftifie,verfeso. If there be witneffes, he is not to pay, nor to fweare : as Maimony fheweth in the forefaid treat. c.3. S. t. accept it] theChaldee faith , (hall take the oath, that is, accept of it, and fo end the controverfie, as Heb.6.16. bee] that is, the keeper (hall not pay for it. Alto the Hebrew Doctors fay, If the keeper deliver(thegoods)to a fecond keeper, & there bee witneffes that the fecond kept them as the manner of keepers is to doe,and that Come filch violent accident did befall, the dril keeper was free. But if there be not witneffes , the firft keeper is bound to pay the owner,and got to law himfelfe with the fecond keeper : yea though the firft were a keeper for nothing. Maimony,treat. of Hired thing, chap.'. Se&. 4. I j Vert 13. torne in penes] Hebr. tearing torne : to wit, by wild beads, as the Greeke verfionmanife- (teth. bring it ] . that which is torne, br the remnants of it, as in Amos 3.12. is mentioned,a lerge, or an Bare, or the like. So the Ierufdemy Thargum faith, let him bringof the members of it, fora witrtel that it is killed. not pay] under- (landing if the keeper doe his belt to relcue it : & fo it be not loft but by violence.Touching this, the Rabbines fay, Afhepbeard when wolves came and take a pray from him, if there be bat one wolfe, it isnot (counted) violence ; if there be two wolves,, that is vio- lence. If two dagges come, it it not violence, if moe, then it is. A lion, a Beare 1, a leopard, a ferpent, &c. every of tbefi is (counted) violence; but if bee lead the flocke to the place where wild heath or robbers haunt , it it not violence, but bee is bound to pay. A fbepheard that bath meaner to refcue the prey by other fhepheards, and by Ratter ; if bee call not the otherfhepbeards nor bring flavas to ref se with, be is bound to pay, whether bee keepe for nothing or f r wages , fave that bee which kee- peth for no hire calleth fbepheards r and bringetbffaves without hire ; if bee find some fuch bee is difcharged. But bee that keepeth fur hire it bound to hire fbepheard, andfiaves to the worth of the beafi and re ¡Cue the fame, and receives the hire againe of the boufbolder. If bee doe not thus, and may hire, but doe not , her de:letb ten - faithfully and is guilty. Maimony, treadle of -Hired things, Chapter 3. Section 4.6. Vert. 4. borrow] Hebr. aske,and confequently, recieve a thing lent. This law concerneth all moveable goods, beads, houfhould ftuffe, and the like. or die] or perdis any other way ; there- fore the Greeksaddeth, or bee driven away: as was in serfe so. The Hebrewes explaine this law thus : Hee that borrowetb of his neighbour ffui, or beafi , or any like mg ieablegoods, and it be loft, or ftollen, though with great violence,ac softie beafi be hurt, or taken away byfrce, or die, bee is bound to pay all , Exodus 22.14. To wit, if fuck, violent accidme doe befall it, and not in the timeof the wirke. But ifbee borrow a beafi to plough with, and it die whiles bee is ploughing , then hec is free. But if leedie before bee phougbeth with it , or after , or if bee rode upon it , or t readout corne with it, andit die in the time whi es he is riding on it, &c. lee is bound to pay fir it and fi in all like cafes. As, hee that borroweth a beafi , togoe to fuck a place , wait die under him in the journey : or borroweth an axe to cut wood,and it breaketb in, and by the casting thereof; now the bon- rower is free. Maymeny, treat. of Borrowing, and Committing a thing to keeps, chap. e. Seft.l.z. paying] that is , bee fha/t fury!): and fully pay. The planner whereof was this; they weighed what it was worth when it was well and whole, and what it was worth when it was broken ; and the broken thing was reftored, and what was leffe,he payed; and 1ò the beads carkaffe was reftored, and what it camelhort, was madegood. Maimo- ny ibidem, Chapter u. Seltion 3. Vnto thetethey addeother cautions ; as, Hee that borrows abut({, i bound togiz e bim food, all the while bee hash borrowed b:m : If his fl efh be abetted , bee muff pay fur f mush as bee it kf e in worth. But if his flefb be abated by reafon of the works, hee is free , and muff take bit oath, that bee is waxed leans by working. Hee that borroweth ought abfolutely, the lender may make him refiáre it at any time whenbee will: if bee borrowed it f r a certaintime, the lender cannot make him rcffore it till the end of that time ; and though the borrower die, yet big heires may afe the borrowed thing, rill the time be at an end. Fleet bat borroweth a thing to doe a certain works with, the lender cannot make him deliver it out of his band till the work be fnifbed. Maimony ibidem. c.c. S.4.5.6. Vert 15. be with it]This the Hebrewes under- {land, of his being with it, in the time when it is borrowed , not in the time when it is ufed : for they fay ; Wee have beone taught, that whereat iris faid,if the owner' thereof be with it, the meaning is, if be be with it in the timeof borrowing it, &c. and there is rio need that bee be with it in the time when it is broken , or dieth. If he be not with it in the time when it is borrow- ed, though bee be with it in the time when it is broken, or dietla (she borrower) is bound topay for it. Rambam (or Maimrmy) in his comment. on 7halmud Bab. in Baba metftgnah,a8. it came] the Gr.tranflateth, it fhall beta him (or his)for bit hire. And to though the thing mifcarry, he paieth but the hire only. Vert a 6. entiee]or perfwade,fo that the content unto the enticen. And herein this differeth from. the Law in Dent. 2 2.28.2 g. which was for fetch as contented not. The Hebrewes fay ; Shee that is lien with in the field it is certainly prefumed that H h 2 , flue $7 14 I; 6
RkJQdWJsaXNoZXIy OTcyMjk=