ly that winneth; or mony is thrown amongst many, to be enjoyed
by them that catch it; though this be a Free Gift; yet so to Win, or
so to Catch, is to Merit, and to have it as DUE. For the Right is
transferred in the Propounding of the Prize, and in throwing down the
mony; though it be not determined to whom, but by the Event of the
contention. But there is between these two sorts of Merit, this
difference, that In Contract, I Merit by vertue of my own power, and the
Contractors need; but in this case of Free Gift, I am enabled to
Merit onely by the benignity of the Giver; In Contract, I merit at The
Contractors hand that hee should depart with his right; In this case of
gift, I Merit not that the giver should part with his right; but that
when he has parted with it, it should be mine, rather than anothers.
And this I think to be the meaning of that distinction of the Schooles,
between Meritum Congrui, and Meritum Condigni. For God Almighty, having
promised Paradise to those men (hoodwinkt with carnall desires,) that
can walk through this world according to the Precepts, and Limits
prescribed by him; they say, he that shall so walk, shall Merit Paradise
Ex Congruo. But because no man can demand a right to it, by his own
Righteousnesse, or any other power in himselfe, but by the Free Grace of
God onely; they say, no man can Merit Paradise Ex Condigno. This I say,
I think is the meaning of that distinction; but because Disputers do not
agree upon the signification of their own termes of Art, longer than it
serves their turn; I will not affirme any thing of their meaning:
onely this I say; when a gift is given indefinitely, as a prize to be
contended for, he that winneth Meriteth, and may claime the Prize as
Due.
Covenants Of Mutuall Trust, When Invalid
If a Covenant be made, wherein neither of the parties performe
presently, but trust one another; in the condition of meer Nature,
(which is a condition of Warre of every man against every man,) upon
any reasonable suspition, it is Voyd; But if there be a common Power set
over them bothe, with right and force sufficient to compell performance;
it is not Voyd. For he that performeth first, has no assurance the other
will performe after; because the bonds of words are too weak to bridle
mens ambition, avarice, anger, and other Passions, without the feare of
some coerceive Power; which in the condition of meer Nature, where all
men are equall, and judges of the justnes
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