erence
of legacies
XXII. Of the lex Falcidia
XXIII. Of trust inheritances
XXIV. Of trust bequests of single things
XXV. Of codicils
TITLE I. OF THE DIFFERENT KINDS OF THINGS
In the preceding book we have expounded the law of Persons: now let us
proceed to the law of Things. Of these, some admit of private ownership,
while others, it is held, cannot belong to individuals: for some things
are by natural law common to all, some are public, some belong to a
society or corporation, and some belong to no one. But most things
belong to individuals, being acquired by various titles, as will appear
from what follows.
1 Thus, the following things are by natural law common to all--the air,
running water, the sea, and consequently the seashore. No one therefore
is forbidden access to the seashore, provided he abstains from injury to
houses, monuments, and buildings generally; for these are not, like the
sea itself, subject to the law of nations.
2 On the other hand, all rivers and harbours are public, so that all
persons have a right to fish therein.
3 The seashore extends to the limit of the highest tide in time of storm
or winter.
4 Again, the public use of the banks of a river, as of the river itself,
is part of the law of nations; consequently every one is entitled to
bring his vessel to the bank, and fasten cables to the trees growing
there, and use it as a resting-place for the cargo, as freely as he may
navigate the river itself. But the ownership of the bank is in the owner
of the adjoining land, and consequently so too is the ownership of the
trees which grow upon it.
5 Again, the public use of the seashore, as of the sea itself, is part
of the law of nations; consequently every one is free to build a cottage
upon it for purposes of retreat, as well as to dry his nets and haul
them up from the sea. But they cannot be said to belong to any one as
private property, but rather are subject to the same law as the sea
itself, with the soil or sand which lies beneath it.
6 As examples of things belonging to a society or corporation, and not
to individuals, may be cited buildings in cities--theatres, racecourses,
and such other similar things as belong to cities in their corporate
capacity.
7 Things which are sacred, devoted to superstitious uses, or sanctioned,
belong to no one, for what is subject to divine law is no one's
property.
8 Those things are sacred which have bee
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