[394] Quia sine traditione non transferuntur rerum dominia. (Bracton 61. b.)
[395] Arrhæ. In the Civil Law the Arrha or Earnest was given, either simply as a symbol, or mark of the Contract, or, it was given, as Vinnius informs us, as a part of the price. In the former case the purchaser was not permitted to avoid the contract with the loss of his Earnest—in the latter, he was allowed to do so. The Vendor might recede with the loss of twice the value of it. (Dig. 18. 1. 35.—19. 1. 11. 6. Inst. 3. 24. pr.) With respect to the effect of Earnest, as our Law now stands, vide 2. Bl. Comm, 447.
[396] When there is neither writing, Earnest, nor delivery, the parties, says Bracton, may retract. (61. b.)
[397] Pactum enim legem vincit. (LL. Hen. 1. c. 49.) “Contracts legally made have the force of Law between those who have made them.” (Code Napoleon s. 1134.)
[398] If, says a Law of Ina, a person has purchased any thing, and, within thirty days, discover it to be defective, he may restore the thing to the hands of the Vendor, unless the latter will swear, that he knew of no defect in it at the time he sold it. (LL. Inæ. c. 56.)
[399] In Bracton’s time the Vendor forfeited double the Earnest—a rule according with that of the Roman code. (Bracton 62. a.)
[400] “Double the Earnest” was to be forfeited by him according to the Reg. Maj. (L. 3. c. 10.)
[401] Quia re vera qui rem emptori nondum tradidit adhuc ipse dominus erit. Hence—Si post emptionem ante traditionem fundo vendito aliquid per alluvionem vel alio modo accrevit quod commodum ad venditorem pertinebit. (Bracton 62. a.)
[402] Emptor, a palpably false reading, as the context proves: it should be venditor, the vendor. See Bracton 62. a.
[403] Vide Bracton 150. b. et seq.