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In this way the two antagonistic principles the unlimited right of the owner to dispose of his own, and the preservation of the family property unbroken were as far as possible harmonized in the Roman law. Permanent restrictions on property were in no case allowed, with the exception of servitudes such as those indispensable in husbandry.
And the hardest of all hard servitudes is that wherein one commonwealth is subjected to another. First, because it is more lasting, and there is less hope to escape from it; and, second, because every commonwealth seeks to add to its own strength by weakening and enfeebling all beside.
Even supposing that one had freed one's self from all other fatalities, there is still one yoke left from which it is impossible to escape that of Time. I have succeeded in avoiding all other servitudes, but I had reckoned without the last the servitude of age. Age comes, and its weight is equal to that of all other oppressions taken together.
The result is, weariness of heart in Havre, cheerfulness and joy at Ingouville. The law of social development has forced up the suburb of Graville like a mushroom. It is to-day more extensive than Havre itself, which lies at the foot of its slopes like a serpent. However, there exist here, as elsewhere, certain servitudes.
This has often been the true reason that the Company's servants in India, in order to free themselves from this horrid and atrocious servitude, are obliged to become instruments of another tyranny, and must prostitute themselves to men in power, in order to obtain some office that may enable them to escape the servitudes below, and enable them to pay their debts.
Rogron deduced the negative nature of servitudes from the rule that the land owes the services, not the person, Proedium non persona servit. For, said Rogron, the land alone being bound, it can only be bound passively. Austin called this an "absurd remark." /1/ But the jurists from whom we have inherited our law of easements were contented with no better reasoning.
Conversely, there are actions relating to usufructs, and to rustic and urban servitudes, of a contrary import, which lie at the suit of plaintiffs who deny their opponent's right of usufruct, of going or driving cattle, of drawing water, of raising their house, or having an uninterrupted view, of projecting some building over the plaintiff's land, or of resting the beams of their house in the plaintiff's wall.
Consequently, it is of prime importance to rebuild and raise higher the barriers which, in ancient France, separated the secular clergy from the Pope, the customs and regulations which constituted the Gallican Church a province apart in the Church universal, the ecclesiastic franchises and servitudes which restricted the Pope's jurisdiction in order that the jurisdiction of the king might be extended.
The "Twelve Articles" and similar professions of faith, which were circulated among the German and Swiss peasants and artisans, maintained not only every one's right to interpret the Bible according to his own understanding, but also included the demand of communal lands being restored to the village communities and feudal servitudes being abolished, and they always alluded to the "true" faith a faith of brotherhood.
The true superiority of man over the inert or passive creatures that surround him, lies in his power to free himself, at will, from those, pernicious servitudes which are termed the laws of nature. Man, if he will it, need not grow old: the lion must. Reflect, my son, upon this text, for all human power lies in it. "Science asserts and demonstrates it.
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