He that performeth first in the case of a contract, is said to “merit” that which he is to receive by the performance of the other; and he hath it as “due.” Also when a prize is propounded to many, which is to be given to him only that winneth; or money 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 money; 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 virtue of my own power, and the contractor’s need; but in this case of free gift, I am enabled to merit only by the benignity of the giver: in contract, I merit at the contractor’s hand that he 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 another’s. And this I think to be the meaning of that distinction of the schools, between meritum congrui , and meritum condigni