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The classifications of Ancient Law have sometimes a superficial resemblance to this. They occasionally divide property into categories, and place immoveables in one of them; but then it is found that they either class along with immoveables a number of objects which have no sort of relation with them, or else divorce them from various rights to which they have a close affinity.
The only natural classification of the objects of enjoyment, the only classification which corresponds with an essential difference in the subject-matter, is that which divides them into Moveables and Immoveables. Familiar as is this classification to jurisprudence, it was very slowly developed by Roman law, from which we inherit it, and was only finally adopted by it in its latest stage.
Thus the sentence of a Prize Court, it is plain, is sufficient to confirm the captor's title to captures at sea; but a different rule applies to real property or immoveables.
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.
"Furthermore, where there be found in the said supplication, with mention of your Grace's person, other griefs that some of the said laws extend to the goods and possessions of your said lay subjects, declaring the transgressors not only to fall under the terrible censure of excommunication, but also under the detestable crime of heresy: "To this we answer that we remember no such, and yet if there be any such, it is but according to the common law of the Church, and also to your Grace's law, which determine and decree that every person spiritual or temporal condemned of heresy shall forfeit his moveables or immoveables to your Highness, or to the lord spiritual or temporal that by law hath right to them.
The terms proposed were that the people of Faenza should have immunity for themselves and their property; that Astorre should have freedom to depart and to take with him his moveable possessions, his immoveables remaining at the mercy of the Pope. By all the laws of war Cesare was entitled to a heavy indemnity for the losses he had sustained through the resistance opposed to him.
There was once in Baghdad a man of consequence and rich in monies and immoveables, who was one of the chiefs of the merchants; and Allah had largely endowed him with worldly goods, but had not vouchsafed him what he longed for of offspring; and there passed over him a long space of time, without his being blessed with issue, male or female.
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.
Moreover, the classifications of Ancient Law are classifications implying superiority and inferiority; while the distinction between moveables and immoveables, so long at least as it was confined to Roman jurisprudence, carried with it no suggestion whatever of a difference in dignity.
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