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Updated: May 16, 2025
It is incumbent on us to adore the mysterious dispensations of Providence, when we discover that the doctrine of the immortality of the soul is omitted in the law of Moses it is darkly insinuated by the prophets; and during the long period which clasped between the Egyptian and the Babylonian servitudes, the hopes as well as fears of the Jews appear to have been confined within the narrow compass of the present life.
Papinian himself wrote that servitudes cannot be partially extinguished, because they are due from lands, not persons. /2/ Celsus thus decides the case which I took for my illustration: Even if possession of a dominant estate is acquired by forcibly ejecting the owner, the way will be retained; since the estate is possessed in such quality and condition as it is when taken. /3/ The commentator Godefroi tersely adds that there are two such conditions, slavery and freedom; and his antithesis is as old as Cicero. /4/ So, in another passage, Celsus asks, What else are the rights attaching to land but qualities of that land? /5/ So Justinian's Institutes speak of servitudes which inhere in buildings. /6/ So Paulus speaks of such rights as being accessory to bodies.
But M. Bayle goes on: 'There is therefore no freedom in God; he is compelled by his wisdom to create, and then to create precisely such a work, and finally to create it precisely in such ways. These are three servitudes which form a more than Stoic fatum, and which render impossible all that is not within their sphere.
It was now either ordained for the first time or, if not, at any rate defined more carefully, that a land-register should be established, in which the several proprietors of land should have their fields with all their appurtenances, servitudes, slaves, beasts of draught and of burden, duly recorded.
And ev'n on high, balloon like, through the heavens have journeyed late, upon a rainbow or some awful bridge stretched eminent, as if on earth he had not work sufficient to distress your potent servitudes, but he should also seek in heaven dire cause of labour!
For servitudes, such as rights of way, light, and the like, form the chief class of prescriptive rights, and our law of servitudes is mainly Roman.
A Treatise on the American Law of Easements and Servitudes. By EMORY WASHBURN, LL.D. Philadelphia: George W. Childs. pp. 640. "Easements" is no easy subject for a law-writer.
It is not installed alone in the United States; opposite it, another power which knows no fear, is occupied with resisting it. The entire history of America is explained by this double fact: the falling and the rising again, the servitudes and the liberties, the too long triumph of the slavery party, and the recent victory of Mr.
Augustine long ago argued, that he who has not left "even the entrails of the smallest and most insignificant animal, or the feather of a bird, or the little flower of a plant, or the leaf of a tree, without a harmony, and, as it were, a mutual peace among all its parts, that God can never be believed to have left the kingdoms of men, their dominations and servitudes, outside of the laws of his providence."
Nothing in the texture of the general life had changed. The corn had not ceased to ripen in the sun. The rivers bore their barges and gave power to a myriad engines. The flocks fattened on the pastures, the herds were unnumbered. Men laboured everywhere in the various servitudes to which they were born, and chafed not more than usual in their bonds.
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