Observations, censures, and confutations of notorious errours in Mr. Hobbes his Leviathan and other his bookes to which are annexed occasionall anim-adversions on some writings of the Socinians and such hæreticks of the same opinion with him / by William Lucy ...

Sect. 1.

HE that performeth first (saith the Author) in the case of Contract, is said to merit that which he is to receive by the performance of the other, and he hath it as due.] This is true which he writes, this is Merit, but this ex∣pression comprehend's not all merit, this is a legal merit; a man in this case may implead the party he conracted with, and gain his reward by right of law; but there may be merit without a legall title, as thus; A souldier takes

a Prisoner, useth him civilly, dismisseth him, afterwards that souldier,* 1.1 who was so treated, takes his taker priso∣ner, he, without question, deserved to be civilly used againe by him; Titius finds Sempronius a poor necessi∣tou•• Child, takes him into his house, breeds him up carefully; without question Titius deserves from Sempro∣nius all dutifull observances, but he cannot implead him for it, but in humanity it is due to both these from whom they have received these obliging kindnesses, al∣though there was no Contract preceding.* 1.2 What he addes presently after, of a man who scatter's money, to be his who catcheth it, is no differing case from the other, for it is by way of Contract, and the title to that money is as legall in him who first snatcheth up the mony, as in him who should get that money by any other Contract. In the bottome of that page he addes [But there is between those two sorts of merit this difference, that in Contract I merit by vertue of mine own power and the Contractors need but in this case of free guift (so he call's that scattering of Money) I am enabled to merit only by the benignity of the giver.]

Notes

• * 1.1

  Diversity of Merit.
• * 1.2

  The Catchers title so sca••∣terd mony.