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512 him a title to his fathers possessions. Those goods must become the property of some body: But of whom is the question. Here 'tis evident the persons children naturally present themselves to the mind; and being already connected

several parts and afterwards must be divided according to the proportions of these parts. But here I cannot forbear taking notice of a remarkable subtilty of the Roman law, in distinguishing betwixt confusion and commixtion. Confusion is an union oftwo bodies, such as different liquors, where the parts become entirely undistinguishable. Commixtion is the blending of two bodies, such as two bushels of corn, where the parts remain separate in an obvious and visible manner. As in the latter case the imagination discovers not so entire an union as in the former, but is able to trace and preserve a distinct idea of the property of each; this is the reason, why the civil law, tho' it establish'd an entire community in the case of confusion, and after that a proportional division, yet in the case of commixtion, supposes each of the proprietors to maintain a distinct right; however necessity may at last force them to submit to the same division. ''Quod si frementum Titii frumento tuo mistum fuerit: siquidem ex voluntale vestra, commune est: quia singula corpora, id est, singula grana, quæ cujusque propria fuerunt, ex consensu vestro communicata sunt. Quod si casu id mistrum fuerit, vel Titius id miscuerit sine tua voluntate, non videtur id commune esse; quia singula corpora in sua substantia durant. Sed nec magis istis casibus commune sit frumentum quam grex intelligitur esse communis, si pecora Titii tuis pecoribus mista fuerint. Sed si ab alterutro vestrûm totum id frumentum retineatur, in rem quidem actio pro modo frumenti cujusquem competit. Arbitrio autem judicis, ut ipse æstimet quale cujusque frumentum fuerit.'' Inst. Lib. II. Tit. 1. § 28. Where the properties of two persons are united after such a manner as neither to admit of division nor separation, as when one builds a house on another's ground, in that case, the whole must belong to one of the proprietors: And here I assert, that it naturally is conceiv'd to belong to the proprietor of the most considerable For however the compound object may have a relation to two different persons, and carry our view at once to both of them, yet as the most considerable part principally engages our attention, and by the strict union draws the inferior along it; for this reason, the whole bears a relation to the proprietor of that part, and is regarded as his property. The only difficulty is, what we shall be pleas'd to call the most considerable part, and most attractive to the imagination. This quality depends on several different circumstances, which have little connexion with each other. One part of a compound object may become more considerable than another, either because it is more constant and durable; because it is of greater value; because it is more obvious and remarkable; because it is of greater extent; or because its existence is more separate and independent. 'Twill be easy to conceive, that, as these circumstances may be conjoin'd and oppos'd in all the different ways, and according to all the different degrees, which can be