2.1.1 to 2.1.10

SECOND COMMENTARY. (1) In the former Commentary we explained the law of persons; now let us consider the law of things, which either form part of our property or do not form part of it. (2) The principal division of things is under two heads, namely, those that are subject to divine right, and those that are subject to human right. (3) Things which are subject to divine right are such as are sacred and religious. (4) Sacred things are those which are consecrated to the gods above; religious things are those which are dedicated to the spirits of the departed. (5) That only is considered sacred which has been consecrated by the authority of the Roman people; that is to say, by a law or a Decree of the Senate enacted for that purpose. (6) We, however, render things religious by our own will, when we bury a body in our own ground, provided we have a right to conduct the funeral of the deceased. (7) Moreover, it has been held by the greater number of authorities that, in the provinces, ground does not become religious, as the ownership of the same belongs to the Roman people or to the Emperor, and we are only considered to have the possession or the usufruct of the same, and though it may not actually be religious, it is regarded as such. Likewise, in the provinces, while property which has not been consecrated by the authority of the Roman people is, properly speaking, not sacred, it is still considered as such. (8) Holy places are those which are, to a certain extent, subject to divine right, as for instance, the walls and gates of a city.