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Updated: May 27, 2025
The sort of face, in fact, that almost inevitably flares up into a woman's startled vision at the one crucial moment in her life when she is not supposed to be considering alien features. Out from the servient shoulders of some smooth-tongued Waiter it stares, into the scared dilating pupils of the White Satin Bride with her pledged hand clutching her Bridegroom's sleeve.
Suppose I take this book and change it immediately into a servient human being. Would I have a right to torture it because I made it? No; on the contrary, I would say, having brought you into existence, it is my duty to do the best for you I can. They say God has a right to damn me because He made me. I deny it.
There must exist a right against the servient owner before there is a right against anybody else. At the same time it is clear that a way is no more capable of possession because somebody else has a right to it, than if no one had. How comes it, then, that one who has neither title nor possession is so far favored? The answer is to be found, not in reasoning, but in a failure to reason.
And ye shall understand, that of all these countries, and of all these isles, and of all the diverse folk, that I have spoken of before, and of diverse laws, and of diverse beliefs that they have, yet is there none of them all but that they have some reason within them and understanding, but if it be the fewer, and that have certain articles of our faith and some good points of our belief, and that they believe in God, that formed all things and made the world, and clepe him God of Nature; after that the prophet saith, ET METUENT EUM OMNES FINES TERRAE, and also in another place, OMNES GENTES SERVIENT EI, that is to say, 'All folk shall serve him.
There be books we have seen printed, and heard others praise, and that highly, not to speak it profanely, in which the text was so shingled over with layers of notes, or the notes were so underpinned by a slight propping of text, that it was difficult to say, in the language of Easements, which was the servient and which the dominant tenement.
It then might have been said that these were certain limited interests in land, less than ownership in extent, but like it in kind, and therefore properly transferred by the same means that ownership was. A right of way, it might have been argued, is not to be approached from the point of view of contract. It does not presuppose any promise on the part of the servient owner.
And it may be conjectured that this view arose naturally and reasonably from there having been originally no remedy to compel performance of such services, except a distress executed on the servient land. /1/ But any conjectured distinction between obligations for which the primitive remedy was distress alone, and others, if it ever existed, must soon have faded from view; and the line between those rights which can be deemed rights of property, and those which are mere contracts, is hard to see, after the last examples.
The grant of light and air, a well- established easement, is called a covenant not to build on the servient land to the injury of the light, by Baron Parke. /2/ And although this might be doubted, /3/ it has been seen that at least one well-established easement, that of fencing, cannot be considered as a right granted out of the servient land with any more propriety than a hundred other services which would be only matter of contract if the law allowed them to be annexed to land in like manner.
We shall find the dominant class, the servient class, and then, generally, the despised class; the dominant class, comparatively intelligent, possessing the property, administering the government, giving to social life its laws, and enjoying the fruits of labor which they do not perform; the servient class, unwittingly in a state of slavery, whether nominally bond or free, having little besides physical force to promote their own comfort or to contribute to the general prosperity, and furnishing security in their degradation for a final submission to whatever may be required of them; and last, a despised class, too poor to live without labor, and too proud to live by labor, assuming a position not accorded to them, and finally yielding to a social and political ostracism even more degrading, to a sensitive mind, than the servient condition they with so much effort seek to shun.
For such rights might exist to active services which had to be performed by the person who held the servient estate. It strikes our ear strangely to hear a right to services from an individual called a right of property as distinguished from contract. Still this will be found to have been the way in which such rights were regarded.
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