47o Com.B: 1bß lalxful traits- of Acquiring. Chap. Lawfie! 1114" I. Aman may come to have a right, Donatione, by donation or gift. Nunquidda_ a.rt,e "g bitis mihi defubflantiaveflra? Willyougive me of yourfubflance ?faith job, and this 7 2$' which is given muft be our own, and not another mans. . 2. By inheri 2. By inheritance, Hareditate: as.may be gathered, by Abrahams reafoning, when tan". he had no fon, Eccefervus meus &res erit, Lo myfervant hhall be my heir. AndGod took order in the Law, that a mans efiate fhould defcend to his children, both Sore and Daughters ; fo thatthe Lex Salici, the Salique law in France is a foolifh law, and againfi both the lawof God , and the lawof Nature : and when our Saviour John4.33 faith, I have fet you to reap where ou have net laloured , he fheweth that there is power to convey, not onlyour land, but alto our labours to others, who mayMold themby a good tenure. r. Donatione. a. Hereditáte. a. By gift, And z. By inheri- tance. 3.Ey induifry, 3. BY induifry and pains, a man may have a right to thofe things which hebath wherein are to neither by gift, nor inheritance, and that in a threefold confideration, viz. In refpee bevalued, óf his a. Labour. a.Peril or hazard. 3.CoJ1 or charges, which he may lawfully value, in any contrae, as in buying and felling. r.Lab.ur. r. In refpee of his labour. Therefore Laban told Jacob ; It was no reafon , hé thould ferve him, and labour for him (though he were his brothers fon) and have nothing, and therefore faith he, tell me what fhall be thy wages. Whereby it plainly appears, that labour requires,Compenrationem, a recompense. Our Saviour faith,Dig. naseJt operarius mercede , The labourer is worthy of bis hire. There is a rule ofequa- aCor.314 lit) tobe obferved. ótraos 7%r111ar icórat, faiththe Apoftle,that theremay be an equality. So there is an equality between tine &mercer, the labour and the reward,and there- Deut.24.15 fore God commands, that thewages of the labourer be not detained,and ifit bedetain7 ed, it ispeecatum clamant., a cryingfin. So that he is a thief, whodetains the reward ofhim that takes pains for him. s.flaaerd 2.In refpeeof his peril and hazard, which may eftimated, and fo ought to be Jofh.t5.a6 Caleb made Proclamation, that whofoever can get KiriathSepher ( which was a well fenced'City,and hard tobe won) fhould be rewarded, and when Othniel won I sam.17.25 it, he hadhis daughter fora reward: The fame courfe took Saul, when Goliab the Philiftim came to defie Ifrael, he that will venture upon that Philiftim, (hall be my fin in law, andJhall marry my daughter, &c. andwhen David flewthe Philiftim, he t Chro. r t. t6 hadSauls daughter. The like we find about `rebus, which heldout againfl David ; He that getteth jebus,(hall be Captain of the bof },whereuponJoab went upfirfl, and was made Captain. And for this caufe it is , that becaufe the Merchants peril is greater than the Husbandman; becaufe the oneventures only his feed, the other his efiate and life, therefore his gains ought to be greater. 3.ebal es. 3. In refpeeof his coil and charges. Thus Jofeph having been at charges , in laying upcorn,and providing houfes for Granaries,and furnifhing himfelfwith more than was needful for Pharaohalone, only in bonumpublicum, for the publick good, might therefore fell the corn at a price anfwerable to his charges , which they call sChro.3ó.ula. multiplicemufurana, a multipliedufury; and fowe find God, allotted to Cyrus, when he gave him all the kingdoms of the eartb,rhat which they call,ufum preciofum,amofè rich reward. Betides thefe three whichárife from Indrefiria , 'indufiry and pains , there aretwo r. Damage. more. r.Damnum or Detrimentum, damage or lofs. For if a mans beaft feed in Exod.ga.s another mans fieldor vineyard, he(hall make fatisfaüion. 2. Money, which isprotium 2.money indeed, for moneyanfwereth all things, and fo God appointed that it Should be the ELcecvlie 2510 .1.419 ground and meafure of buying andfelling under the law, and gave rules accordingly Y and 27.18 in buying andfelling. ej eto¡r theft. Thefe things premifed, we come to that in which is Furtum occteltum,clefe theft, which is either in contracíts,orout of contrails. In contrade, theft is committed, eitherabout things which cannot or ought not tobe íöld,or about things which may be lawfully boughtand fold. tJ »rant raffe. r. In contrails of thefirft fort a man may commit theft. When that is fold which cannotbe fold,, becaufe it cannot be valued , being of a higher nature thengeld or filver,as the grace of God, or gifts of the Spirit. When Ails8 20 Simon Magus would have bought thegift of theholy Ghof1,S.Peter labhorring his mo- tion) faid,lhymonyperiifhwith thee: this ever fine had the denomination of Simony 2. Of kotnhim.
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