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But he proceeds with another difference [In Contracts (saith he) I merit at the Contractors hand that he should depart with his right; in this case of guift I merit not that the giver should part with his right, but that then when he hath pasted with it, it should be mine.* 1.1] Here is a shew of something, but indeed it is exceeding vaine and emp∣ty; for if that mony be cast about for such as take it by
scrambling, or the like, if no body come to scramble, the right owner keepeth his property, and doth not out himself of that property untill a scrambler come and get it; I have seene money taken up againe, so the case is evident. A piece of Plate is provided as the reward of him who hath the swiftest horse to runne, at such a time, or such a place; if any horses come and runne, the swift∣est horse gets the Plate; but if there come none, the Plate is where it was, and the other part of runners be∣ing not performed, neither doth the contractor lose his first interest; but if it shall happen that the right owner throw away his interest, and forsake it, without a Con∣dition of any other side, those goods taken up will be like a thing found, and perhaps fall into the hand of the Lord, not the taker; all thi•• shewes, that, in these in∣stances of his, the giver doth not depart with his Right, untill the Condition of his guift be performed, and by the performance of that condition a man merits his deserting his right.
How the own∣er keeps his ptoderty, who intended to re∣nounce it.