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[001] is bound to two things conjunctively, as ‘I give that you do this and that’; it then
[002] does not suffice if one is done but both must be done. Or a condition may be made of
[003] two things disjunctively, that is, if he does this or that; it then suffices if one is done.1
[004] A modus and condition may be introduced into a gift in another way, by words in the
[005] affirmative, as ‘I give that you do,’ and similarly by words in the negative, as ‘I give
[006] that you not do.’ A modus or condition may be in affirmative and negative words
[007] conjunctively, and it will thus be double, as ‘I give that you do, and if you do not, I
[008] wish that the land given revert to me,’ or ‘to others, such persons,’ or ‘that it be
[009] permissible for me (or my heirs) to put myself [or themselves] into that land.’ Conversely,
[010] it may be put in negative and affirmative words conjunctively, and will thus
[011] be double, as ‘I give that you not do, and if you do, that then it be permissible for me
[012] etc.’2 3<If the condition is [not] satisfied, and he can put himself into seisin and hold
[013] himself there, he will have an exception based on the agreement. If he cannot enter
[014] because of the tenant's opposition, he will be given an action based on the agreement,
[015] as below.>4 It may be put in negative words, as ‘I give that you not act without my
[016] consent and agreement, and if you so act that I may put myself etc.’5 When he has
[017] done the act, it still does not suffice unless it is ascertained whether it was with or
[018] without the consent of the donor, which will be proved,6 [there is more of this matter
[019] below] as above [in the portion] on gifts.7 Therefore when the plaintiff, having put
[020] forward his plaint, supports it in this way, ‘whence he complains that such a one
[021] wrongfully etc. disseised him of so much land etc. which he had of the gift of that
[022] person himself, and whence he, the same person, took his homage and put him in
[023] seisin (either personally or by his procurator or by letters etc.)8 and whereof he was
[024] in seisin for so long a time until that same person, such a one, wrongfully and without
[025] judgment disseised him, and as to that puts himself on the assise,’ [And note generally
[026] that every intentio of the plaintiff in an assise of novel disseisin may be supported
[027] according to all the methods of acquiring a free tenement, whether by the causa of
[028] succession or gift, whether in fee or for life, or any other, according as his possession
[029] is peaceful or violent, and9 according as the disseisin was committed in the principal
[030] thing itself, as in the body, or in its appurtenances, as in a right, as where one has a
[031] right of way over another's property, or of pasturing beasts in it etc.] [he may be
[032] answered thus], ‘And such a one comes and denies that he disseised him wrongfully
[033] or did him any injuria, and freely acknowledges the gift and the homage taken and
[034] the seisin and everything alleged by the plaintiff,



Notes

1. Supra ii, 71

2. Supra ii, 72

3. Supra i, 399

4. Supra 123, infra 148

5. Supra ii, 72; ‘possim me ponere,’ as 72

6. Deleted

7. Supra ii, 71-2, infra 146

8. Supra ii, 124

9. ‘et’


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