Nominati; not so much because they have proper names (for so have those Contracts which are made by exchange also, which they will not admit amongst their Nominate Contracts) But because by reason of their more frequent and ordinary use, they had received some certain force, and were of such a Nature, that though nothing at all had been particu∣larly said, yet by their very name they might have been sufficiently understood. Hence it was, that to those there were certain set forms of Actions appointed; whereas to others that were less ordinary, that common form was not sufficient: But the plea must be made in a form fitted to the fact, and therefore it was said to be in prescript words. Neither is there any other cause but this of frequent use, why in these nominate conven∣tions, if some things requisite to a Contract were by both parties assented unto: As in the sale of any thing, if the price were on both sides agreed on, yea, though the matter were yet entire, (that is, if there were no mony paid, nor any thing performed on either side) yet was there enjoyned a necessity of fulfilling the Contract on both sides; whereas in Contracts not so frequent, whilst things stood entire, and nothing on either sides per∣formed, there was indulged unto them a liberty to retract, that is to say, they might without any penalty revoke. For the Civil Law restrained all coercive power from such Contracts, and left them wholly to the Faith and Honesty of the Contractors: But the Law of Nature takes no cognizance of these distinctions; for neither are those Contracts which they call Innominate, either less natural or less ancient. Nay even Bartering, which they reckon among those that are Innominate, is both more simple and more ancient, than those made by bargain and sale. Thus Tacitus testifies of the Germans, That they used the more simple and ancient way of Traffick, that is, by exchange of Commodities. For as Servius rightly observed, Our Ancestors did only exchange one thing for another. How much more happy was that Age, saith Pliny, when men exchanged Goods for Goods, the Native Commodities of one Country for those of the growth of another. The like he relates of the Seres, a people of Scythia, Who having exposed their Native Commodities to sale on the farther bank of the Ri∣ver, they take away what they find to be set by it, if they are pleased with the exchange. Which kind of bartering of Commodities is yet in use in some parts of Africk: We therefore taking Nature for our best guide, do reduce all diremptory Contracts (without taking any cognizance of that Roman distinction of Nominate and Innominate agreements unto these three heads before named. When we give to receive, we either barter one thing for another, which doubtless was the ancient way of Traffick, or we receive mony for mony, as by Bills of Exchange; or we receive goods for mony, as in the case of buying and sel∣ling; or we receive the use of a thing for another thing, or the use of one thing for the use of another, or the use of a thing for mony, as in things let and taken to hire. By the use of things we are to understand, not only the bare use of a thing, but also the fruits, profits, or proceeds of it, whether temporary, personal, hereditary, or any other way however limited or circumscribed, as among the Hebrews, that which was held until the next Jubilee. Some things are given, that after some Intervals of time, are to be resto∣red either in kind or to the same value, as in things that are lent; and this kind of Per∣mutation is chiefly used, where the things exchanged do consist in number, measure, or weight, whether it be mony or other things. The exchange of deeds for deeds do infi∣nitely vary, according to the no less infinite variety of humane actions. But when we do that we may receive, it is either work done for mony, as when for our daily labour we receive wages; and this also is a kind of letting our selves to hire for profit in our se∣veral callings: Or when by our voluntary act, we undertake to secure another mans goods from all casualties or contingent misfortunes, which manner of contract was hardly known to former ages, though now of frequent use; or when we do somewhat to receive either things, or the use of things for our pains.