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[001] as will be explained below. 1[A corporeal thing is acquired by livery, for2 it
[002] admits of livery, an incorporeal thing, as a right,3 does not.4 What livery is and
[003] what may suffice for livery will be explained more fully below [in the portion on]
[004] gifts.]5

This belongs above with the matter on the classification of things.6

[006] 7Things may be classified in another way, of which something has been said above,
[007] [that is], some are corporeal, others incorporeal. Those are corporeal which by their
[008] nature can be touched, as land, a man, a robe, gold, silver, and many other things
[009] too numerous to mention. The words ‘by their nature’ are added because, though
[010] the thing itself cannot be touched, [either] because of mischance, because it has
[011] fallen into the depths of the sea, or because of difficulty, as a star fixed to the
[012] heavens, such things, though for the reasons aforesaid they cannot be touched, are
[013] nonetheless corporeal. Smoke and air are also corporeal, for air is one of the four
[014] elements of which all bodies are composed and created. It is that which is inhaled
[015] and exhaled from the body as wind and breath. Incorporeal things are such as are
[016] intangible, which exist in contemplation of law, as inheritance, usufruct, advowsons
[017] of churches, obligations, actions and the like. It is no objection to this that corporeal
[018] things are comprised in inheritance, usufruct and such, for what is due us under an
[019] obligation is in most cases corporeal, as land, a slave, money and the like, but the
[020] right of succession itself, that is, the right that is inheritance, is incorporeal. The
[021] same is true of the right to use and enjoy, the right of presentation, the right of
[022] obligation, and the right of rural servitudes. There are as well incorporeal things
[023] which do not exist in contemplation of law, as genera and species, good and evil
[024] spirits, the soul of the world and the souls of men.8

Of servitudes.

[026] 9Since servitudes are included among other incorporeal things we must consider
[027] them here. There is servitude by which man is made subject to man, but we do
[028] not treat of that but rather of that by which land is subjected to land. It is
[029] derived from its resemblance to that by which man is made10 subject to man, for
[030] as that is said to be an institution of the jus11 gentium by which, contrary to nature,
[031] one person is subjected to the dominion of another, the same may be said of [this
[032] sort of] servitude, [that is], of the institution by which


1. A misplaced supplement to the next section

2. ‘quia,’ as infra 124

3. ‘sicut sunt iura,’ as supra 39, infra 124, 159

4. ‘patitur’ for ‘facit’

5. Infra 124 ff.

6. Supra 39-41, but Br. is following Azo's Summa

7. Br. and Azo, 128-31

7-8. Azo, Summa Inst. 2.2 (with minor changes); for the last sentence, E. Kantorowicz, 476 n.

9. Br. and Azo, 130-33

9-12. Azo, Summa Inst. 2.3 (with minor changes)

10. ‘fit,’ as Azo

11. ‘iuris,’ as Azo; supra 30

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