BOOK III PART II
rate 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 prop-
erty of each; this is the reason, why the civil
law, tho’ it established an entire community in
the case of confusion, and after that a propor-
tional 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 frumentum Titii frumento
tuo mistum fuerit: siquidem ex
voluntate vestra, commune est:
quia singula corpora, id est, sin-
gula grana, quae cujusque pro pria
fueruntm ex consensu vestro com-
municata sunt. Quod si casu is