vants from going out of my house except at stated times, and when I do not require their services. I have a Right

to continued and active labour from the workmen whom I have hired.

128. In some countries, the Master has a legal Right to inflict stripes or other violence upon his Servant, the Landlord upon his Tenant, or one Class of the inhabitants upon another. In these cases the Class thus subjected possess in an imperfect degree the Rights of the Person. Such classes have been called by various names, in various ages and countries, according to their history and circumstances: as Helots, Vassals, Serfs; and when entirely divested of Rights, Slaves. We do not here inquire how far it is really consistent with justice and humanity that men should be thus partially or entirely deprived of Rights. But even when such Classes legally exist, the Law limits the power of the Master over the Dependent. Some such Dependents can be sold with the land, but cannot be separated from it: they are prædial Slaves, Serfs, Ascripti Glebæ. Other Slaves may be sold off the land, and disposed of at the will of the Master. These may be kept in the house for menial services, as domestic Slaves; or employed in various labours for the Master's benefit and at his pleasure. Thus the ancient Greeks and Romans employed slaves as their Artisans.

The relations between Master and Servant, are thus connected with the relations between Landlord and Tenant; and thus point out to us a close connection between the Rights of the Person and the Rights of Property.

74

CHAPTER III.

THE RIGHTS OF PROPERTY.

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129. As we have already said, the existence of the Right of Property is requisite as a condition of the Free Agency of man, and the Peace and Order of Society (79). Accordingly, in all Countries such Rights do exist. In every form of Society, there are circumstances under which the necessaries and comforts of life,-food, clothing, tools, arms —are held to belong to a man, so as to be his Property. The Rights of Property being established, the Sentiment of Rights and the Sentiment of Wrongs (98, 99) give great force and stability to the institution. We cling with strong and tenacious affection to what is our own. We earnestly approve the rule which makes it ours, and which consequently makes yours what is yours. A regard for the distinction of meum and tuum prevails. A reverence for Property is felt. The necessity of its existence, as a condition of human society, is generally perceived, and this perception gives force to the Rules by which Property is defined.

These Rules are, in each particular case, supplied by the Law of the Land. The Law determines what shall belong to one man, and what to another.

130. With regard to some Kinds of Property, when they are thus assigned, the Right of the Proprietor or Owner shares itself in a distinct, visible form. The objects are taken hold of, carried about, used, consumed; as for instance, clothing, food, tools, arms. Things of this kind are moveable Property. Moreover, such Property may be retained by the Proprietor, or given by him to another person, at his pleasure. It may be given either absolutely, or on condition of receiving a return; that is, given in Barter or Exchange.

Thus, Property leads to Exchange; and Exchange again leads to the establishment of some general Instrument and Measure of Exchangeable Value; that is, to the use of Money. The natural Measure of the Exchangeable Value of any objects is the labour of producing, or the difficulty of procuring the objects. Gold and Silver have been most commonly used as Money, because they are procured with a tolerable uniform degree of labour; because they perish very slowly when kept; and because they are easily divisible into definite portions.

131. When mankind have settled employments, and settled habits of intercourse, the natural Value in Exchange, either of these, or of any other objects, can never long differ from the Standard, or Measure, of which we have spoken; the labour of producing and difficulty of procuring them. For if the Exchangeable Value of any class of things were less, proportionally, than the Labour of producing them, men would turn themselves from this kind of Labour, to other employments, in which an equal Exchangeable Value might be obtained with less labour; and thus, the number of persons employed in producing this class of things being diminished, the difficulty of other persons procuring them from the producers would be increased, and the Exchangeable Value would rise. And in like manner, if the Exchangeable Value of any class of things were greater, proportionally, than the Labour of producing them, other persons would turn themselves to this kind of Labour, and the value of the class of things would fall. Thus if the exchangeable value of gold and silver were greater than that of other objects, obtained with equal labour, men would turn their exertions to the collecting gold and silver, as the easiest way of obtaining the other objects of their desires. And though the intercourse of men, and their power of changing their employments, may not be so unfettered as to produce this result immediately; yet, in the

long run, the Measure of Value in Exchange will be the amount of Labour employed in producing the objects.

132. But, besides Moveable Property, consisting of objects which the Proprietor can hold, remove, consume, or transfer in a manifest manner; there is Property of another kind, which cannot be removed or destroyed, or possessed in a visible manner; and which yet must be, and by the Laws of every Country is, vested in Proprietors. We speak now of Property in Land. It is requisite that such Property should be established; for in every Country, man subsists on the fruits of the Earth, or on animals which are supported by the Earth; and in order to live, he must have, on the face of the earth, his dwelling-place, and the source of his food and clothing; he must have his house and his field. In most countries, the earth does not supply man with what he needs, except by cultivation; and the Cultivator must be stimulated to perform his task, by having his portion of the fruits of his labour assigned to him as his Property. But whatever amount of Cultivation be necessary, the produce of the earth, and the soil itself, are, in every country, assigned to some class of Landlords as Property, or are assumed as Property by the State itself.

133. The assignation of Landed Property to its owners, as of all other Property, is defined and determined by the Law of the Land. But in Landed Property, the acts of Ownership are less obvious, natural and effective, than they are in other kinds of property; and therefore Property in Land is more peculiarly and manifestly determined and directed by the Law, than Property in Moveables.

The ancient Law of England treats Land as that Thing which is eminently and peculiarly the subject of Laws concerning Property, while all other Things are considered as only appendages to Persons. Hence, Land is termed Real Property; everything else is Personal Property.

134. In most countries, the Cultivators are a different class from the Proprietor of the Land; whether the Proprietor be another Class, or the State itself. The Rights of the Cultivator and of the Proprietor are determined by Law, or by Custom equivalent to Law, and are various in various countries. The share given by the Cultivator to the Proprietor is Rent. He who holds the land is the Tenant, in contradistinction to the Landlord, who owns it.

135. In the greater part of Asia*, the Sovereign is the sole Proprietor; and as such, receives a fixed portion (commonly one-fifth) of the produce from the Cultivator; who is, in India, called a Ryot. In Russia, and a great part of Germany, the Cultivator supports himself on a part of the Land; and pays a Rent to the Landlord in his Labour; being obliged, during a fixed portion of his time, (as for instance, during three days in the week,) to work in the cultivation of the Landlord's exclusive share such Cultivators are Serfs. But these Labour-Rents sometimes became unlimited, and the Serf approached in condition to a Slave. In other parts of Europe, as in Greece, Italy, and France, in ancient and in modern times, the Cultivator has been supplied by the Landlord with the means of cultivation, and has paid to him a fixed portion of the produce; generally one half. Hence such Cultivators are called Coloni Partiarii, Coloni Medietarii, Metayers. In a few spots on the Earth, of which England is an example, there are, between the Landlord and the labouring Cultivator, an intermediate class, the Farmers; who pay a Money-Rent to the Landlord, Wages to the Labourer, and have for themselves the whole produce obtained from the Land. The Farmer must be able to subsist the Labourer, while he is toiling so as to raise a future crop of produce: therefore he must possess a Stock, or Capital, already accumulated. The amount of the

* Jones On Rent.