ade in a testament or
not, and indeed patrons are enabled to exercise this power in any terms
whatsoever, as is provided by the senatusconsult passed in the time of
Claudius, when Suillus Rufus and Ostorius Scapula were consuls.

TITLE IX. OF POSSESSION OF GOODS

The law as to possession of goods was introduced by the praetor by way
of amending the older system, and this not only in intestate succession,
as has been described, but also in cases where deceased persons have
made a will. For instance, although the posthumous child of a
stranger, if instituted heir, could not by the civil law enter upon the
inheritance, because his institution would be invalid, he could with
the assistance of the praetor be made possessor of the goods by the
praetorian law. Such a one can now, however, by our constitution be
lawfully instituted, as being no longer unrecognised by the civil law.

1 Sometimes, however, the praetor promises the possession of goods
rather in confirmation of the old law than for the purpose of correcting
or impugning it; as, for instance, when he gives possession in
accordance with a duly executed will to those who have been instituted
heirs therein. Again, he calls family heirs and agnates to the
possession of goods on an intestacy; and yet, even putting aside the
possession of goods, the inheritance belongs to them already by the
civil law.

2 Those whom the praetor calls to a succession do not become heirs in
the eye of the law, for the praetor cannot make an heir, because persons
become heirs by a statute only, or some similar ordinance such as a
senatusconsult or an imperial constitution: but as the praetor gives
them the possession of goods they become quasiheirs, and are called
'possessors of goods.' And several additional grades of grantees of
possession were recognised by the praetor in his anxiety that no
one might die without a successor; the right of entering upon an
inheritance, which had been confined by the statute of the Twelve Tables
within very narrow limits, having been conferred more extensively by him
in the spirit of justice and equity.

3 The following are the kinds of testamentary possession of goods.
First, the socalled 'contratabular' possession, given to children who
are merely passed over in the will. Second, that which the praetor
promises to all duly instituted heirs, and which is for that reason
called secundum tabulas. Then, having spoken of wills, the praetor
passes o