462 Chap.2. 'Of Alienation, and thefeSeralforts thereof. .Cot 3; youngeft a portien) fon all that I have is thine. And this is either liberal and free; as juff gift, or illiberal, as to let out a thing to hire for a time: It is alto, either a tranflationof the whole , as well theufe, as the propriety and thing : or only of, ufumf+ruüum, the ufe and profit thereof, and that either for a time, or for ever: See it in particulars. CHAP. II. Of Alienation, and thefeveral forts of it. Of free Alienation. Illiberal, by contraïrr, which are of threeforts. r. Dout des. 2. do ut facias. 3. facio ut des: Ofcontratir byjtipulation,promife, writings. Real eontratis,by caution, pledge, &c. Forfanal, byfureties,hoftages,&c. Alienation Oalienate the propriety,with the ufe for ever, without any confederation; is cal- and the feve- led donatio, a gift , aswhen Phareah gave (peep, oxen, affes, and fervants toA- rai forts air. braham, and this is either donebyone in his life time , and then it is ufually called a gift, or at his death byhis will, and this iscalled a legacy; and fo the right of fuc- cetTion is tranflated to the child, bythe fathers death. Nowif the thing it felf be tranflated liberally or freely, but for atime, there it is called mutuum, a loan which is freeand without eonfideration. But if not the thing it felf be transferred , but the ufeof it only , then it is properly called commodatum, when a thing is borrowed freely , to be ufed , though this is commonly taken for that which is lentfor fome particular ufe,when the end is named. And thefeare the forts of freeAlienation. 2. Illiberal alienation is, when a thing is put out upon confideration , and is ufually called contraelus innominatur. This is of three forts , and is ufual with us. z. Thefirft is De, ut der, I give, but you muff giveagain; as when a man letsa farm, with condition that his tenant (hall husband it and pay hima rent, which is called iwab'sty. 2.The fecond is,Do,utfacial. I give,but you mutt do fomething for it,as Homage, fealty, or fervice. 3. The last is, ?min ut der, I do for you, that you may pay me for my pains, as in work and wages , and this they call contralïum fervile' , a fervile con- trau. r. Do, ut des. And this giving in liew, is either Firft, Rei pro re,ofone thing for another, or Secondly, Rei propretia, of fomethingat a price. r. when it is, thing for thing, it is called dv vimayµa,Commutatio,or Permutatio, xchanging, and this was the bell brood , after men grew weary of liberality. If it bemony for mony, it is called cambiumExchange. If of onething for another, s Reg.2.21. it is Bartering. Ahab would have bartred in this kind with Naboth for his vine- yard. 2. When a thing is for a price, if it be pecunia pro Re, mony for goods,&c. then Gem4z.25. it is emptio buying , jofepbs brethren carried monyinto Egypt to buy corn. And God toldAloft!, that thepeoplemightbuymeat of the poilerityof Eliot, for mony. Deut.2.6.28. If it be rei propecunia, of goods,&c. for mony , then it is venditio, felling. Sihars king of theAmorites refufed to fell the Ifraelites meat anddrink for mony. Ephrata Gen.23, t6. fold the cave of Macpelah to Abraham for four hundred thekels of'fìlver currant mony. If a man fell by whole fait, then it is negotiatio, merchandizing > if it be by parcels, it is retayling. Betides the Alienationof the thing it felf, there is alienation of the ufe only, and not of the property, which if it be ufue rei pro pecunia, ufe of a thing for mony, it is locatio,letting. If petunia pro ufu rei, mony for theufe of the thing, iris con- desOjo, hireing. a; Do, utfaciar. To give,that one may do fomething inhew of the gift, as Ho- Mage, fealty, or fervice. Thus we fee of old there have been 2'enures exjure Fegio, kings have created them, when they gave lands to beheld upon fome fervice. again jo- feph on Pharoabs behalf, whenhe had bought the Egyptians lands , reftored them
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