For instance, in early states of society, the right of property did
not include the right of bequest. The power of disposing of property
by will was in most countries of Europe a rather late institution; and
long after it was introduced it continued to be limited in favor of
what were called natural heirs. Where bequest is not permitted,
individual property is only a life interest. And in fact, as has been
so well and fully set forth by Sir Henry Maine in his most instructive
work on Ancient Law, the primitive idea of property was that it
belonged to the family, not the individual. The head of the family had
the management and was the person who really exercised the proprietary
rights. As in other respects, so in this, he governed the family with
nearly despotic power. But he was not free so to exercise his power as
to defeat the co-proprietors of the other portions; he could not so
dispose of the property as to deprive them of the joint enjoyment or
of the succession. By the laws and customs of some nations the
property could not be alienated without the consent of the male
children; in other cases the child could by law demand a division of
the property and the assignment to him of his share, as in the story
of the Prodigal Son. If the association kept together after the death
of the head, some other member of it, not always his son, but often
the eldest of the family, the strongest, or the one selected by the
rest, succeeded to the management and to the managing rights, all the
others retaining theirs as before. If, on the other hand the body
broke up into separate families, each of these took away with it a
part of the property. I say the property, not the inheritance, because
the process was a mere continuance of existing rights, not a creation
of new; the manager's share alone lapsed to the association.