Such a trustee had
been first instituted by the praetor, to save a family from the blind
havoc of a prodigal or madman; and the minor was compelled by the laws
to solicit the same protection, to give validity to his acts till he
accomplished the full period of twenty-five years. Women were condemned
to the perpetual tutelage of parents, husbands, or guardians; a sex
created to please and obey was never supposed to have attained the age
of reason and experience. Such, at least, was the stern and haughty
spirit of the law, which had been insensibly mollified before the time
of Justinian.
II. The original right of property can only be justified by the accident
or merit of prior occupancy; and on this foundation it is wisely
established by the philosophy of the civilians. The savage who hollows a
tree, inserts a sharp stone into a wooden handle, or applies a string to
an elastic branch becomes in a state of nature the just proprietor of
the canoe, the bow, or the hatchet. The materials were common to all,
the new form, the produce of his time and simple industry, belong solely
to himself.
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