Where one liberty may be granted to the prejudice of another, or not.

How these several liberties are to be USED: what their nature, &c.

How they may be lost, either by nonuser, misuser, or nonclaim in eyre.

And therefore, though I have mentioned these liberties and franchises before, in relation to the king's VOLUN TARY JURISDICTION in creating them, yet the full discussion and learning of every of them may be hither referred.

VILLEINS; and here that learning may come in. Vide ante, Sect. 21.

DIGNITIES; as dukes, marquesses, earls, viscounts, barons, &c.

And thus far touching incorporeal real things TEMPORAL. Their common incident is, that they pass NOT from one to another WITHOUT deed. And to these several titles, may be reduced all the learning of each particular.

SECT. XXV.

Concerning things ecclesiastical or spiritual.

I HAVE done with things temporal, and come to those that are ECCLESIASTICAL or spiritual. And though the possessions of ecclesiastical persons, the offices, courts, and jurisdictions ecclesiastical, and tithes also, might come in under this general head, yet because these things fall in the former title under temporal things, and for that the rule for them both is the same, I shall not need to repeat it here; only I will remove what before came under the title Corporations, because it may be thought to come in more conveniently in this place.

Ecclesiastical things are of two kinds, viz.

Such as are ecclesiastical or spiritual in their USE.
Such as are so in their NATURE.

Of the former sort, are,

Churches,
Chapels,

Churchyards, &c.

(Which lets in the learning touching repairs.)

And these are of two kinds.

Such as are ecclesiastical in their NATURE, are either,

Dignities, or,

Benefices.

Ecclesiastical DIGNITIES are of two kinds, viz.

SUPERIOR; as,

Archbishopricks,

Bishopricks.

INFERIOR; as dignities in cathedral churches, as,
Dean,

Chancellor,

Præcentor.

Ecclesiastical benefices are likewise of two kinds :

WITH CURE; as,

Parsonages,

Vicarages, &c.

WITHOUT CURE; as,

Prebends,

Ecclesiastical hospitals, &c.

And here the learning touching those matters, and also touching vacancy by pluralities.

Also of appropriations, common dispensations, qualifica

tions:

And vacancy, by

Resignation,
Deprivation,
Cession.

So much touching ecclesiastical benefices not observable supra, Sect. 22.

SECT. XXVI.

Of the nature and kinds of PROPERTIES.

HITHERTO of the kinds of things; I come now to consider the nature and kinds of those PROPERTIES OF INTERESTS that persons have, or may have in them.

The rights of things are distributed according to the nature of the things themselves; which are,

Personal.
Real.

The RIGHT of things personal is called PROPRIETY, and under that will come these considerables, viz.

The KINDS of those rights;

The CAPACITIES wherein they are held;

The MANNER of their being acquired or transferred.

The kinds of those rights or properties of things are three, viz. A propriety of ACTION, which is relative to all things IN

ACTION.

A propriety in POSSESSION.

A MIXED propriety, partly in action, and partly in posses

sion.

Touching the property of things in action.

This is an INTEREST by SUIT or order of law, TO DEMAND the things themselves, or damages for them.

But of this hereafter, when we come to wrongs or injuries.

Touching property in possession, it is either,

Simple or absolute;

Special or particular.

Simple or absolute property, is when a man HAS IT, and no other has or can have it from him, or WITH him, but by his own act or default.

The special or PARTICULAR property is of two kinds, viz. Such as some OTHER has a CONCURRING interest with him therein.

Such wherein, though no other has any concurring interest with him, yet his property is but TEMPORARY, and vanishes by certain accidents or occurrences.

The former kind of those special or particular properties are very various, viz.

The interest that a man has by BAILMENT.

The interest he has in goods PLEDGED: or,

The interest he has in goods CONDITIONALLY granted.
The interest he has in things DISTRAINED, or, a distress.
The interest of goods demised for a TERM.

The second kind of special property, wherein though NO OTHER has a property, nor indeed are things in themselves capable of any CERTAIN or SURE property, yet a man by certain contingents or accidents may have a TEMPORARY property in them; such are things FERE NATURE; wherein a temporary property may be lodged upon these grounds, viz.

RATIONE IMPOTENTIÆ; as in YOUNG birds in a nest upon MY tree.

RATIONE LOCI; as conies and hares while in MY ground.

RATIONE PRIVILEGII; as of birds or beasts of warren while within MY warren, and swans within MY liberty. Touching mixed properties, i. e. partly in action, and partly in possession: They are ANNUITIES; wherein a man may have a personal inheritance.

Thus far of property or right in things personal.

The second thing propounded is, THE CAPACITY wherein a man may have them; and that is double;

IN JURE PROPRIO.

IN JURE ALTERIUS.

And this latter is of two kinds;

As a body politic.

As executor in right of the testator.

The third thing propounded is, the MANNER of the acquest, or translation of property. And because both of these will be much of one consideration, I shall join them in the course of my distributions.

Personal things, either in action or possession, may be acquired or transferred three ways:

By act in law.

By act of the party.

By a mixed act, consisting of both.

SECT. XXVII.

Of acquisition of property by act IN LAW.

THIS acquisition by act IN LAW may be many ways, viz.

By SUCCESSION, whereby properties are transferred to the successors of such a corporation by law or custom, which has a power to receive personal things in a politic capacity; as,

A sole corporation by CUSTOM:

An aggregate corporation, by cOMMON LAW.

By DEVOLUTION, viz.

To the executor.

To the ordinary.

To the administrator.

To the husband by the intermarriage, i. e. as to personal things IN POSSESSION, but NOT as to personal things IN

ACTION.

By PREROGATIVE; whereby they are given to the king, or to such as have the king's title, by grant or prescription; as waif, stray, wreck, treasure trove.