Page:The Mediaeval Mind Vol 2.djvu/269

257 expounding the usucapio, an institution of the jus civile strictly speaking, whereby the law of Rome in certain instances protected and, after three years, perfected, the title to property which one had in good faith acquired from a vendor who was not the owner: {{quote|"Now we must discuss the ratio possessionis. Usucapio in the jus civile hinges on possession, and ownership by the jus naturale may take its origin in possession. There are many differences in the ways of acquiring possession, which must be considered. And since in the constitutiones and responsa prudentium divers reasons are adduced regarding possession, my associates have begged that I would expound this important and obscure subject in which is mingled the ratio both of the civil and the natural law. So I will do my best. First one must consider what possession is, how it is acquired, maintained, or lost. Possession (here the author follows Paulus and Labeo in the Digest} is as when one's feet are set upon a thing, when body naturally rests on body. To acquire possession is to begin to possess. Herein one considers both the fact and the right. The fact arises through ourselves or our representative. It is understood differently as to movables and as to land; for the movable we take in our hand, but we take possession of a farm by going upon it with this intent and laying hold of a sod. The intent to possess is crucial. Thus a ring put in the hand of a sleeper is not possessed for lack of intent on his part. You possess naturally when with mind and body (yours or another's who represents you) you hold or sit upon with intent to possess. Corporeal things you properly possess, and acquire possession of, by your own or your agent's hand. In the same manner you retain. Incorporeal things cannot be possessed properly speaking, but the civil law accords a quasi possession of them." }}

Then follows a discussion of the persons through whom another may have possession, and of the various modes of possessing longa manu without actual touch: ""It is one thing when the possession begins with you, and another when it is transferred to you by a prior possessor: for possession begins in three ways, by occupation, accession, and transfer. You occupy the thing that belongs to no one. By accession you acquire possession in two ways. Thus the increment may be possessed, as the fruit of thy handmaid; or the accession consists in the union with a larger thing which is yours, as when alluvium is deposited on your land. Again possession is transferred to you,""

voluntarily or otherwise. He now discusses the various