of Civil Society; and this, I need not say, is the exact reverse of
the truth.
The distinction between Res Mancipi and Res Nec Mancipi is the type of
a class of distinctions to which civilisation is much indebted,
distinctions which run through the whole mass of commodities, placing
a few of them in a class by themselves, and relegating the others to a
lower category. The inferior kinds of property are first, from disdain
and disregard, released from the perplexed ceremonies in which
primitive law delights, and thus afterwards, in another state of
intellectual progress, the simple methods of transfer and recovery
which have been allowed to come into use serve as a model which
condemns by its convenience and simplicity the cumbrous solemnities
inherited from ancient days. But, in some societies, the trammels in
which Property is tied up are much too complicated and stringent to be
relaxed in so easy a manner. Whenever male children have been born to
a Hindoo, the law of India, as I have stated, gives them all an
interest in his property, and makes their consent a necessary
condition of its alienation. In the same spirit, the general usage of
the old Germanic peoples--it is remarkable that the Anglo-Saxon
customs seem to have been an exception--forbade alienations without
the consent of the male children; and the primitive law of the
Sclavonians even prohibited them altogether. It is evident that such
impediments as these cannot be overcome by a distinction between kinds
of property, inasmuch as the difficulty extends to commodities of all
sorts; and accordingly, Ancient Law, when once launched on a course of
improvement, encounters them with a distinction of another character,
a distinction classifying property, not according to its nature but
according to its origin. In India, where there are traces of both
systems of classification, the one which we are considering is
exemplified in the difference which Hindoo law establishes between
Inheritances and Acquisitions. The inherited property of the father is
shared by the children as soon as they are born; but according to the
custom of most provinces, the acquisitions made by him during his
lifetime are wholly his own, and can be transferred by him at
pleasure. A similar distinction was not unknown to Roman law, in which
the earliest innovation on the Parental Powers took the form of a
permission given to the son to keep for himself whatever he might have
acquired in military service. But the most extensive use ever made of
this mode of classification appears to have been among the Germans. I
have repeatedly stated that the _allod_, though not inalienable, was
commonly transferable with the greatest difficulty; and moreover, it
descended exclusively to the agnatic kindred. Hence an extraordinary
variety of distinctions came to be recognised, all intended to
diminish the inconveniences inseparable from allodial property. The
_wehrgeld_, for example, or composition for the homicide of a
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