Marcianus, Institutes, Book III. Certain things are common to all by natural law; some belong to the entire community, some to no one, and the greater number to individuals; these are acquired in various ways respectively. 1Again, all the following things are common by natural law, namely the air, running water, the sea, and hence the shores of the sea.

Marcianus, Institutes, Book III. Consequently no one can be forbidden to approach the shore of the sea in order to fish; still, they must avoid interfering with houses, buildings, and monuments, because they are not subject to the Law of Nations, as the sea is; and this the Divine Pius stated in a Rescript addressed to the fisherman of Formiæ and Capena. 1Almost all rivers and harbors are also public.

Marcianus, Institutes, Book III. This right exists to such an extent that those who build there actually become the owners of the land, but only as long as the building stands; otherwise, if it falls down, the place reverts to its former condition by the law of postliminium, so to speak, and if another party builds a house in the same place, the soil becomes his. 1Ad Dig. 1,8,6,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 146, Note 16.There are some things which, by natural law, belong to the entire community and not to individuals; as, for instance, theatres, racecourses, and other things of this kind, or anything else which is the common property of a city. Therefore, a slave belonging to a city is not understood to be the property of any individual in particular, but of the entire community; and for this reason the Divine Brothers stated in a Rescript that a slave belonging to a city could be put to torture either against a citizen or in his behalf. In consequence of this, also the freedman of a city is not compelled to ask permission under the Edict, if he brings any citizen into court. 2Things which are sacred, religious, and holy are not the property of anyone. 3Sacred things are those which are publicly and not privately consecrated; and hence if anyone should make anything sacred for himself privately, it is not sacred but profane; where, however, a temple has once been made sacred the place still remains so, even after the edifice has been demolished. 4Anyone by his will can render a place religious by burying a corpse on his own premises; and where a burial-place belongs to several persons, one of the owners can inter a body there, even though the others may be unwilling. An interment can also be made upon the land of another, if the owner consents; and even where he ratifies it afterwards the place where the corpse was buried becomes religious. 5Again, the better opinion is that an empty tomb is a religious place, as is stated in Virgil.

Marcianus, Institutes, Book III. All provincial applications which are made to various Judges at Rome come within the jurisdiction of Governors.

Marcianus, Institutes, Book III. Where a freedman is common, that is to say, has several patrons, he should petition the Prætor to permit him to summon anyone of his patrons, or he will be liable under the Prætorian Edict.

Marcianus, Institutes, Book III. The usufructuary is not considered to make use of anything, where neither he nor anyone else in his behalf does so; as, for instance, where a party purchased or leased an usufruct or received it as a gift, or transacted the business of the usufructuary. It is evident that a distinction should be made here; for if I sell an usufruct, then, even though the purchaser does not use the property, I am held to still retain the usufruct:

Marcianus, Institutes, Book III. But if I make a present of the usufruct, I no longer retain it, unless the person to whom it was given makes use of it.

Marcianus, Institutes, Book III. Where the legatee of an usufruct is requested to deliver it to another person, the Prætor should provide that, if it is lost, it should rather affect the person of the trustee than that of the legatee.

Marcianus, Institutes, Book III. The Divine Brothers decreed by an Edict that a body should not be disturbed after it had been lawfully interred, that is to say, placed in the ground; for a body is held to be placed in the ground where it is deposited in a chest with the intention that it shall not be removed elsewhere. It must not be denied, that it is lawful to remove the chest itself to a more convenient spot, if circumstances demand it:

Marcianus, Institutes, Book III. An extraordinary punishment is inflicted upon those who are proved to have obtained a guardianship by the payment of money; or have given their services for a pecuniary consideration in order to secure the appointment of an insolvent guardian; or, when making the inventory, have purposely diminished the amount of the property of the ward; or have alienated it evidently with fraudulent intent.

Marcianus, Institutes, Book III. According to a Constitution of the Divine Severus and Antoninus, donations made after the accusation of a capital crime are valid, unless the defendant is convicted.

Marcianus, Institutes, Book III. In proportion to the place it occupies on each tract of land. 1If, however, a stone is formed on a boundary line of two tracts of land held in common, but undivided, the stone also undivided will belong to the joint-owners if it is removed from the ground.

Ad Dig. 41,1,11Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 153, Note 10.Marcianus, Institutes, Book III. A ward does not need the authority of his guardian for the purpose of acquiring property, but he cannot alienate anything unless his guardian is present and consents; nor (as was held by the Sabinians) can he even transfer possession although it may be natural. This opinion is correct.

Marcianus, Institutes, Book III. If the soil cannot be acquired by usucaption, what stands upon it can not be acquired in the same way.

Marcianus, Institutes, Book III. Where anyone has fished for years in a certain place in a public river, he excludes another from enjoying the same right.

Ad Dig. 46,3,40ROHGE, Bd. 4 (1872), S. 217: Liberation eines Schuldners ohne dessen Wissen durch Zahlung bez. Angabe an Zahlungsstatt, Novation eines Dritten.Marcianus, Institutes, Book III. If anyone should pay my creditor for me, even though I am not aware of it, I will acquire a right to bring suit to recover my pledge. Likewise, if anyone pays legacies, the legatees must relinquish possession of the estate; otherwise, the heir will be entitled to an interdict to compel them to surrender it.

Marcianus, Institutes, Book III. It is forbidden to make the condition of a sepulchre worse, but it is lawful to repair a monument which has become decayed, and ruined, but without touching the bodies contained therein.

Marcianus, Institutes, Book III. When anyone plunders the estate of another, it is customary for him to be punished arbitrarily, by means of the accusation of despoiling an estate, as is provided by a Rescript of the Divine Marcus.

Marcianus, Institutes, Book III. By the Decrees of the Emperors, the Governors of provinces are directed to forbid the organization of corporate associations, and not even to permit soldiers to form them in camps. The more indigent soldiers, however, are allowed to put their pay every month into a common fund, provided they assemble only once during that time, for fear that under a pretext of this kind they may organize an unlawful society, which the Divine Severus stated in a Rescript should not be tolerated, not only at Rome, but also in Italy and in the provinces. 1To assemble for religious purposes is, however, not forbidden if, by doing so, no act is committed against the Decree of the Senate by which unlawful societies are prohibited. 2It is not legal to join more than one association authorized by law, as has been decided by the Divine Brothers. If anyone should become a member of two associations, it is provided by a rescript that he must select the one to which he prefers to belong, and he shall receive from the body from which he withdraws whatever he may be entitled to out of the property held in common.

Marcianus, Institutes, Book III. The Managers of the Imperial Revenues should not sell the stewards having charge of property acquired by the Treasury, which was stated by the Emperors Severus and Antoninus in a Rescript, and if they have been manumitted, they shall be returned to slavery.

Marcianus, Institutes, Book II. Soldiers are forbidden to purchase land in the provinces in which they serve, except where property of their parents is sold by the Treasury; for Severus and Antoninus made an exception under such circumstances. They are, however, permitted to make such purchases when their terms of service have expired. Where land is unlawfully purchased, it is confiscated to the Treasury, if information of the fact is given, but there will be no ground for such information if it is not given until the term of service has expired, or the soldier has been discharged. 1When soldiers are heirs, they are not forbidden to have possession of land where they are serving.

Marcianus, Institutes, Book III. If anyone should make a promise on account of loss by fire, or an earthquake, or any other damage sustained by a city, he will be liable.