DN. sacratissimi principis Justiniani PP. A. Juris enucleati ex omni vetere jure collecti Digestorum seu Pandectarum libri quinquaginta

THE SIXTH [PART] concerning possessions of goods.
Here it is also treated of prejudicial causes, in which it is asked whether someone is a slave or free, free-born or a freedman, and of possessions and their causes and interdicts, or judgments of possessions.

LIB. XXXVII.

Actions competent to Praetorian successors: for the Praetor makes these persons possessors of goods, because he cannot make them heirs, and possession of goods is conferred by the Praetor, just as an inheritance is [conferred] by law.

On the possession of goods 1. 1. 16, which we perfect by the office of the Judge, just as an inheritance by civil action. This title treats of the possession of goods in general.

Possession of goods is given either
By testament. It is given to
Descendants.
If the documents of the testament exist. Formerly it was said, they shall be brought forward, and it is general for testamentary successions 1. 12. But possession of goods was given by the Praetor from a testament to him who was written as heir.

On the possession of goods competent to a madman, an infant, a mute, a deaf person, or a blind person 3. 1. 2. Which persons were admitted in ancient times to petition for the possession of goods after the year had ended, on account of their pitiable condition.

Against the documents.
On the possession of goods against the documents 4. 1. 21. Which is given to children omitted by the father in the testament and to those emancipated, who by civil law could be omitted, of whom no mention was made in the testament. It also pertains to posthumous children. However, it is not given to the disinherited, but an action is given concerning the inofficious that is, the "undutiful" testament.

On performing legacies, namely to those to whom something has been bequeathed, once possession of goods against the documents has been petitioned, namely by children who were omitted 1. 25.

On the collation of goods collatio bonorum the bringing of property into the common estate § 1. 12, to be made by those children who petition for possession against the documents, such as emancipated children who were omitted, with those who were in power.

On the collation of a dowry 7. 1. 19, to be made by one's own children, whether omitted, or their portion increased, or if they have mixed themselves with the father's goods.

On sending into possession for the sake of an unborn child and its curator 8. 1. 10. In this title, the Praetor provides for those not yet born.

On joining the children of an emancipated person with him 9. 1. 7.

On the Carbonian edict 10. 1. 1, by which provision is made for children under puberty, for whom both a status is created, whether they are among the children of the deceased, and a controversy over the father's goods, by giving them possession of goods as if they were children, by a certain presumption, the question of status being delayed to another time, which cause is considered summarily.

According to the documents.
On the possession of goods according to the documents 11. 1. 12, namely the latest ones sealed by seven witnesses, which is given to the written heirs according to the will of the testator written in the documents.

To ascendants.
If someone has been manumitted by a parent, that is, emancipated 12. 1, then the possession of goods is given to the parents against the documents of the son, if they were omitted.

From a soldier's testament.
On the possession of goods from the testament of a soldier 13. 1. 1, of whomsoever, that is, of him who dies in hostile territory; only that according to his documents is given, not against them: for their testaments, however made, ought to be valid.

To patrons.
On the right of patronage, that is, the possession of goods which is competent to patrons against the documents of their freedmen, if the patron was omitted 14. 1. 14.

On the respects and duties to be performed by freedmen to their patrons 15. 1. 11. For these are owed by the freedman to the patrons even apart from succession.

LIB. XXXVIII.

On the works of freedmen 1. 1. 51.

On the goods of freedmen 2. 1. 51.

On the freedmen of municipals and other cities 3. 1. 1.

On assigning freedmen 4. 1. 23. A freedman can be assigned to one of the sons by the patron, so that the right of patronage may be conferred on him alone, which otherwise would pass equally to the children.

If anything has been done in fraud of the patron 5. 1. 12, namely by the freedman, either by testament or intestate, so that less than the part of the possession of goods owed comes to the patron. The Praetor therefore takes care that this matter is not a fraud to the patron.

Intestate: if no documents of a testament exist 6. 1. 1.

Whence children Vnde liberi the category of legitimate children 7. 1. 8.

Whence legitimate persons, that is, whence agnates 8. 1. 6.

Whence kinsmen Vnde cognati the category of blood relatives 9. 1. 10.

On the successory edict 11. 1. 2, by which edict, if parents or children do not petition for the possession of goods within a year, or others within one hundred days, or if they die, the share accrues to those of the same grade who petition: but if there is no one in that grade, it will accrue to the others in the next grade. This edict is called successory because it substitutes order for order, grade for grade, person for person, as if by succession, so that if one repudiates, another may be admitted. It was introduced so that hereditary goods might not lie vacant and without an owner for too long, and thus a longer delay would be caused for the creditors.

On the grades, relatives by marriage, and their names 11. 1. 10. We must know these so that we may understand who is preferred to whom, and who is the closer relative.

Whence husband and wife Vnde vir & vxor the category of spouses 12. 1. 1.

On the succession of veterans and soldiers, namely intestate 13. 1. 2.

To whom the possession of goods does not belong 14. 1. 1.

That possession of goods be given according to laws and senate decrees 15. 1. 5. This possession of goods is given to those to whom it is comprehended by law or senate decree that it should be given.

What order is observed in the possession of goods 16. 1. 5.

Family.
On one's own, that is, children, parents, and legitimate [heirs], that is, agnates, patrons, and heirs succeeding intestate 17. 1. 16. If they are not present, they are heirs by the law itself: the rest are compelled to enter and petition for the possession of goods.

On the Tertullian senate decree, by which mothers succeed to their children, and the Orphitian, by which children succeed to their mother and grandmother 18. 1. 10. End of the Infortiatum a section of the Digest.

LIB. XXXIX.

Edicts and interdicts for preserving rights of possession from various figures of cases.

On the announcement of a new work 1. 1. 23. He is seen to be making a new work who changes the former face of a structure, whether by building or destroying, either within towns or outside, or in villas or fields. One announces a new work who inhibits such a work from being done, whether by the Praetor, or by throwing a stone or another customary solemnity, or by words alone. It is better, however, that we use the first two. For he who announces by word alone makes him a possessor to whom he announces. For whenever another enters possession, and we do not testify to our right by any external act, we are seen to lose possession in our mind. Concerning the remission of the announcement, in title 25 of book 44, it will be spoken of.

On damage threatened damno infecto danger of damage not yet occurred. Threatened damage is what is feared to be future. Concerning the security of this, it is treated here, of gutters, that is, boards extended from the top around buildings to ward off rain; they are called so because they extend outward as protections, that is, projecting roofs 2. 1. 48.

On water and the action for rain water, namely to be warded off 3. 1. 26, even if it is derived from public water.

On publicans, taxes, and forfeitures, that is, things vindicated to the treasury fico the public treasury 4. 1. 16. This title treats of the damage that can be inflicted by public contractors.

LIB. XL.

On donations § 1. 36. These the Praetor constantly protects as a benefit.

On donations and acquisitions made on account of death 6. 1. 4. How they differ from legacies, see here Cuiacius a famous 16th-century legal scholar.

LIB. XL.

Prejudicial actions in which it is asked whether someone is free or free-born.