¶ The 5. Chapter. Of bying and selling.
THat is properly called bying* 1.1 and selling, when thinges are changed not for thinges, but for mony. This kinde of bar∣gainyng* 1.2 is neither the moste auncient, nor the most vsed. For both it was vnknowen to the first inhabiters of this* 1.3 world, and is, at this daye, in no vse among diuers nations. But only necessitie found out the same. In this contract, hee whiche receiuyng mony doth translate his goodes into the possession of another, is saide to sell, and the thing translated is called* 1.4 ware. Againe, he which paying money receiueth ware, is said to bye. Here wee must regard not so much what* 1.5 the money is worth in it selfe, as how it is valued by pu∣blike* 1.6 auctoritie, custome, and estimation. For money is valued rather by lawe, than by nature. And therefore equalitie must here be considered, not in the substance of money, but in the estimation, or common vse therof. This contract according to the foundations laid aboue cap. 3. doth require an equalitie without fraude bee∣twene the byer and the seller. Whosoeuer doth of pur∣pose circumuent his brother in bargaining, contrarie to the precept of Paule, hath violated the equalitie which* 1.7