Bracton: Thorne Edition: English. Volume 2, Page 39

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Volume 2, Page 39

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OF THINGS

Things and the classification of things: the first division.

[003] ¹We have spoken above of persons, the status of men and the law of persons; we
[004] must now speak of things, dividing [them] into classes, for in that way a subject is
[005] more clearly set forth. The first division into which things fall is this: some are
[006] within our patrimony, some outside it. What things are within our patrimony will
[007] appear adequately below. Outside our patrimony are sacred things and things
[008] owned in common. Some are neither within nor without our patrimony, as rights
[009] and servitudes, a usufruct, a right of passage [or] of driving beasts, a right of way
[010] over or a right to conduct water over another man's land and other similar
[011] arrangements. Servitudes are said not to be owned because they cannot be aliened
[012] by themselves apart from the land. Praedial servitudes cannot be thought of as
[013] having an existence of their own, and thus are taken not to exist, or to be extinguished,
[014] when regarded separately, for a sleeve is taken no longer to exist as such
[015] when [not]² attached to a garment and a beam is taken not to be possessed when [not]
[016] attached to a house. Nevertheless, these servitudes are not thought of as things
[017] unowned, since [for them] possessors have an exception and those who do not possess
[018] an action.³

A second division.

[020] ⁴There is another, a second, classification of things, for some are corporeal, others
[021] incorporeal.⁵ Corporeal are those that can be touched, [that is], immovables, as
[022] land, an estate, or movables, whether animate, as animals and such, or inanimate.
[023] Incorporeal things, such as rights, are those which can neither be seen nor touched,
[024] as a right of way over another's land, a right to drive beasts or conduct water over
[025] it and other such, which cannot be possessed only quasi-possessed.

A third division.

[027] ⁶There is as well a third classification of things: some are common, others are public,
[028] others are the property of the universitas; some belong to no one, others, acquired
[029] for each by a causa of some kind, belong to individual persons.⁷

Some things are common.

[031] ⁸By natural law these are common to all: running water, air,

Notes

1. Br. and Azo, 84-6, 91, 93

1-3. Azo, Summa Inst. 2.1, nos. 1-2

2. Cf. Br. and Azo, 91; Kantorowicz 87-8; Fleta, iii, ca. 1: ‘cum non accedat vestimento’; ‘cum non accedat aedificia’

4. Br. and Azo, 85, 86

4-5. Azo, Summa Inst. 2.1, no. 3

6. Br. and Azo, 85-7

6-7. Azo, loc cit., no. 3

8. Br. and Azo, 86-7, 93

8-10. Azo, loc. cit., nos. 4-5