[GAIUS libro nono decimo ad edictum prouinciale. ] §11.7.9.prLiberum est ei qui prohibetur mortuum ossaue mortui inferre aut statim interdicto uti, quo prohibetur ei ius fieri, aut alio inferre et postea in factum agere: per quam consequetur actor, quanti eius interfuerit prohibitum non esse, in quam computationem cadit loci empti pretium aut conducti merces, item sui loci pretium, quem quis, nisi coactus est, religiosum facturus non esset.
[GAIUS in the nineteenth book on the Provincial Edict.] It is free for one who is prohibited from bringing in a dead body or the bones of a dead person either to use an interdict immediately, by which the application of force against him is prohibited, or to bring it elsewhere and afterwards bring an action on the facts. Through this action, the plaintiff will obtain the amount of his interest in not having been prohibited, into which calculation falls the price of a place purchased or the rent of one hired, and likewise the price of his own place which, unless he had been compelled, he would not have made religious.
unde miror, quare constare uideatur neque heredi neque in heredem dandam hanc actionem: nam ut apparet, pecuniariae quantitatis ratio in eam deducitur: certe perpetuo ea inter ipsos competit.
Hence I wonder why it seems to be established that this action is to be given neither to an heir nor against an heir; for, as is apparent, the calculation of a pecuniary sum is brought into it. At all events, it is available perpetually between the parties themselves.