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from 2 - The Reformatio legum ecdesiasticarum
Published online by Cambridge University Press: 01 September 2018
The burden of proving that his possessions belong to him does not lie with the possessor, since if the plaintiff cannot prove his case, control ought to remain with the possessor.
In the right of possession, the one who can give proof that he had more ancient possession shall be considered the superior and the winner, especially if his claim is backed by some title, unless the other party produces better and more effective proofs which justify his possession.
Pursue the possessions which you say belong to you by means of judgments, for the burden of proving that they belong to the possessor does not lie with him, since if you give up the trial, control will remain with him.
Someone who possesses things which do not belong to him is not forced to restore them, even if by chance he has no just cause for holding them, except to the one who proves his case.
[Nevertheless] if someone has gained possession of someone else's goods by fraud or violence, that possession shall not only be of no benefit to him, but shall subject him to a greater burden of proof, if he later states that the thing in question is either his or is owed to him.
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