1Ulpianus, On the Edict, Book LXVIII. The Prætor says: “Whither or howsoever anyone has a right to transport a dead body without your consent, I forbid force to be employed to prevent him from taking the said dead body thither and burying it there.” 1Where anyone has the right to bury a corpse, he must not be prevented from doing so, and he is held to be prevented if he is hindered from conveying the body to the place or is interfered with on the way. 2The mere owner of the premises can make use of this interdict with reference to the transport of a dead body; and, indeed, it is applicable in the case of land which is not religious. 3Moreover, if I have a right of way to a tract of land to which I desire to take a corpse for burial, and I am prevented from using the said right of way, it has been held that I can proceed by means of this interdict; because, having been prevented from using the right of way, I am also prevented from transporting the corpse; and the same rule must be adopted where I am entitled to any other servitude. 4It is evident that this interdict is a prohibitory one. 5The Prætor says: “Wherever anyone has a right to take a dead body without your consent, I forbid force to be employed to prevent him from building a sepulchre on the land, if he does this without malicious intent.” 6This Edict was promulgated because it is to the interest of religion that monuments should be erected and adorned. 7No one shall be prevented from building a sepulchre or a monument in a place where he has a right to do so. 8A person is held to be prevented when he is hindered in having material transported which is necessary for erecting a building; and hence if anyone prevents the workmen who are necessary from coming, there will be ground for an interdict; and if anyone prevents the placing of machinery the interdict will also be available, provided he does this in a place which is subject to the servitude; but if you try to set up your machinery on my land, I will not be liable to an interdict, if I have the right to prevent you from doing so. 9A person must be understood to “build” not only when he begins a new work, but also where he wishes to make repairs. 10When a man does something in such a way that a sepulchre falls down, he is liable to this interdict.

2Marcellus, Digest, Book XXVIII. The Royal Law refuses permission for a woman who died during pregnancy to be buried before her unborn child is removed from her; and anyone who violates this law is held to have destroyed the hope of a living child by the burial of the pregnant mother.

3Pomponius, On Sabinus, Book IX. Where anyone is building a sepulchre near your house you can serve notice of a new structure upon him; but after the work has been completed, you will have no right of action against him except by means of the interdict Quod vi aut clam. 1Where a body is buried near a house belonging to another but within the limits prescribed by law, the owner of the house cannot afterwards prevent the same party from burying another body there, or from erecting a monument; if he acted with the knowledge of the owner from the beginning.

4Ulpianus, Opinions, Book II. The right to a burial-place is not acquired by a party through long possession, if it does not lawfully belong to him.

5The Same, Opinions, Book I. Where human remains are deposited in a tomb which is said to be unfinished, this does not offer any hindrance to its completion. 1Where, however, the place has already been made religious, the pontiffs should determine to what extent the desire of repairing the structure may be indulged without violating the privileges of religion.