Question I: What a census is, and of how many kinds

They commonly define the Census: Census est ius percipiendi annuam pensionem ex re, vel persona alterius. By way of example, someone binds himself to another to confer on him each year a certain part of the fruits of his own vine; the right which the latter has of receiving those fruits is called a Census: and he who binds himself to pay the pension is usually called the Censuarius; just as he who has the right of receiving is called the Censualista.

The Census is divided into Reservativum, and Consignativum. It is called Reservativus, when someone transfers his thing to another as to direct and useful dominion, keeping for himself an annual pension over the same thing, as Joseph did Genes. 47. over all the lands of the Egyptians, when he restored them, bought and subjected to the dominion of Pharaoh, to the Egyptians, a census having been established in them. And therefore this census is called Reservativus, because from the very thing which is conferred he reserves, granting to himself, or to another, that census, receiving nothing in compensation for that which he grants from that thing. Whence also this contract takes place in spirituals without the vice of Simony, and it differs from Emphyteusis, because by the Emphyteutic contract only the useful dominion is transferred; but the direct remains with the granter; by this census contract, however, even the direct dominion is transferred. Then, that in Emphyteusis, if the pension is not paid by the Emphyteuta for two or three years, he incurs the Forfeiture, that is, he loses the useful dominion to the proprietor; but in this census contract he does not incur it, but is only held to pay the pensions. Finally they differ, because the Emphyteuta cannot sell the Emphyteutic thing without the lord being asked; otherwise he will fall into the Forfeiture, and moreover from the price he is held to pay the Laudemium to the proprietor: but the debtor of this census can sell the census thing without the Lord, to whom the thing is owed, being asked, nor is he held from the price to pay him the Laudemium. See Caspensem Tract. 19. disp. 5. sect. 1. Bassaeum V. Census, Bonacinam disp. 3. quaest. 4. Lessium lib. 2. cap. 22. Filliucium tract. 35. 2. part. cap. 1. Sylvest. et Becan. 2. 2. quaest. 78. art. 4.

The Consignativum Census, however, of which I treat at present, is, when someone over his goods, whose dominion, or even over his own person, consigns to another the right of an annual pension, as, when Peter sells to Paul the right of receiving over his thing one hundred solidi yearly, one hundred scudi being given for the price, and he consigns the house, or estate, or the very person, from which the pension, or fruits, are to be collected.

This census is first divided, on the side of the thing in which it is placed, into Real, and Personal. The Real is that which is founded in a thing, as a house, farm, estate, etc. so that the pension is to be paid from the fruits of these, until it be redeemed. The Personal, however, is that which is founded upon a person, who sells an annual census to be paid from the fruits of his own industry. The Mixed, however, is that which is established upon a thing, and a person immediately, so that if the thing perish, the person is still bound.

Secondly, on the side of the thing to be paid, it is divided into Fructuarium, and Pecuniarium: For if it is paid in money, it is called Pecuniarius; but if in fruits, Fructuarius.

Thirdly it is divided into Certain, and Uncertain. The Certain is that which determines the quantity of money, or of fruits: the Uncertain is that which establishes it indeterminately, for instance the second, or third part of the fruits.

Fourthly, on the side of time, it is divided into Temporal, and Perpetual. The Temporal is subdivided into that which lasts a certain number of years, for instance of ten years, and into that which lasts an uncertain number of years, as for the whole of life, and it is called Vitalitius. The Perpetual is cut into Redimibilem, which is made with an agreement of selling back; and into Irredimibilem. See Caspensem cited, Tannerum disp. 4. quaest. 7. dubio 4. and Bassaeum.