Andrewes - Heaven Collection BV4655 .A6 1675b

Com.B. Of Alienation, and thy,fever'alforts thereof Chilp.3. 463 again, upon condition of a fifth part of the increafe to be payed into the kings Ex- chequer. 3. Facia, ut der, m to do föething forwhich a man looks to be paid, or to receive fömething for it. And thisis, I. either opera,pro opera, one work for another. Ju- dah laid to Simeon his brother , come up with me intomy lot , that we may fight Judg a,3 againf tie Canaanites, and I likewife will go with thee into thy lot, which isfacio, ut facia. Or, 2. Opera pro pretio, work for a price. As when the labourers in the vineyard received a penya day: which isfacio,ut des, to work fora hire, or wages. Matt.to.i As our Saviour faith, the workman is worthy of his hire. Now in the cafes of Alienation of property before mentioned,becaufe fotnetimes we fuller one to have the ufe, but dare not trufi him with theproperty, there arife contraéis of diverfe natures, asbywords, by writing, bypawns, pledges and fureti- fhips,&c. At the fin i, we fee they durfi true one another upon their bare word.This in him Several kinds that requires it, is Stipulano, a fiipulation, or indenting; in him that giveth it, it is ofcontrafts. Sponfo, a promife or covenant. ónfio.o After,when their contraéis were bywritings(which with theother kinds hereafter mentioned are proles humane perfidie,the iffueof mens breachofpromife) if the one party were content with theotherparties own writing alone, this is called cbirogra- Chirogra- phum, his handwriting; if other mens hands be joyned with it, it isfyngrapha, a Syngrapha' writing fubfcribed by many. Thus when Jeremy bought a field ofHanameel,there were writings drawn between the parties. Jeremy fabfcribed, and feared the evi- dence, andwitnefhcs were taken. Tobit when he left his country and departed into Media, committed ten talents to the trufì of Gabael, yet for his better fecurity,' he took a writing under his handfor it. The unjufi Reward caufedhis Lords debtors to make bills under their hands for what they ought. Befides thefe affurances by wordsand writings, thereare others which are either- real or perfonal; real, are either in regard of fotneoath, which is cautio, a caution, [ra Real cor-' &s, or for the recovery agàin oE" fomething received and delivered , which if it be caution, fomething moveable, it is calied'pigiaus, 'a pledgeor pawn; as when a rayment, Pledge. and an upper milfone were prohibited to be taken in pawn, whereby may be in- ferred , that fomething might be lawfully pawned. If immoveable as lands, it is Mortgage, calledHypotheca,a mortgage. As we find that thepeopleborrowedmony upon their Ñeh.$.4 lands. If it be perfonal, it is either in war, and then called Obfis an Hoftage : filch as Je- hoafb kingof Ifrael tookof Amaa;iah king of Judah , when he had overcome him, and taken Jerufalem ; or in peace, and this is eitherfor a publick receiver, who is accountable to the Common-wealth, which is called pr.edes when thegoods of Sureties him which is furety for fuch an one, are liable, or for private perlons, as in ations, they which undertake for others, are called vades,their bail, and in matter ofmony, or debt, or promife , fìdejuffores fureties. As Saint Paul was for Onefima. The Wife mancounfelleth him that is furety for another, to makehis peaceas loon as he can. CHAP; III. Of the defireof riches. For regulating thereof we muff confider i. The order, in re (fell of, e.'The 'era. a.The means. 3.The meafure of our appetitewhich muff be guided by four rules. Of the fuppuration of this fin, by pzaapyopíe love of mony, the branches of it. Of fubac`lum folum, thefly/ fitted. Iderus the jaundice of it. J r. In the eye. Thefoaming at the mouth. The all of theft hereforbidden committed,' r. Ingetting. a.In the ?If' of richer. Ow that we have Peen the objet°}of the delire which is here moderated , con - Of the 'debar filling in Meum and Tuum, let us fee, how our delire of it ought to Rand af- 'of wealth felled, whereinwe may take notice of two things. r. The order. a. Themeafure of the appetite, which is regulated by this Commandment. , r; For the order. Whereasthere are two things that a mans delire is carried onto, jl 9,

RkJQdWJsaXNoZXIy OTcyMjk=