relative, which occupies so large a space in German jurisprudence,
formed no part of the family domain, and descended according to rules
of succession altogether different. Similarly, the _reipus_, or fine
leviable on the re-marriage of a widow, did not enter into the
_allod_ of the person to whom it was paid, and followed a line of
devolution in which the privileges of the agnates were neglected. The
law, too, as among the Hindoos, distinguished the Acquisitions of the
chief of the household from his Inherited property, and permitted him
to deal with them under much more liberal conditions. Classifications
of the other sort were also admitted, and the familiar distinction
drawn between land and moveables; but moveable property was divided
into several subordinate categories, to each of which different rules
applied. This exuberance of classification, which may strike us as
strange in so rude a people as the German conquerors of the Empire, is
doubtless to be explained by the presence in their systems of a
considerable element of Roman law, absorbed by them during their long
sojourn on the confines of the Roman dominion. It is not difficult to
trace a great number of the rules governing the transfer and
devolution of the commodities which lay outside the _allod_, to their
source in Roman jurisprudence, from which they were probably borrowed
at widely distant epochs, and in fragmentary importations. How far the
obstacles to the free circulation of property were surmounted by such
contrivances, we have not the means even of conjecturing, for the
distinctions adverted to have no modern history. As I before
explained, the allodial form of property was entirely lost in the
feudal, and when the consolidation of feudalism was once completed,
there was practically but one distinction left standing of all those
which had been known to the western world--the distinction between
land and goods, immoveables and moveables. Externally this distinction
was the same with that which Roman law had finally accepted, but the
law of the middle ages differed from that of Rome in distinctly
considering immoveable property to be more dignified than moveable.
Yet this one sample is enough to show the importance of the class of
expedients to which it belongs. In all the countries governed by
systems based on the French codes, that is, through much the greatest
part of the Continent of Europe, the law of moveables, which was
always Roman law, has superseded and annulled the feudal law of land.
England is the only country of importance in which this transmutation,
though it has gone some way, is not nearly accomplished. Our own, too,
it may be added, is the only considerable European country in which
the separation of moveables from immoveables has been somewhat
disturbed by the same influences which caused the ancient
classifications to depart from the only one which is countenanced by
nature. In the main, the English distinction has been between land and
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