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At an immemorially early period there was introduced into Roman law the principle on which rested the whole legal position of the metoeci , that, when a master on occasion of a public legal act such as in the making of a testament, in an action at law, or in the census expressly or tacitly surrendered his -dominium-, neither he himself nor his lawful successors should ever have power arbitrarily to recall that resignation or reassert a claim to the person of the freedman himself or of his descendants.
If the community could pay for it, it was bound to do so; but if the necessitous person could not pay for it, he was none the less entitled to take it. The former of these cases was illustrated by the principle of the dominium eminens of the State; and the latter by the principle that the giving of alms to a person in real need was a duty not of charity, but of justice.
In the second place by means of the community and its power over the individual burgesses, there was given the possibility of protecting the clients against an abusive exercise of the -dominium- still subsisting in law.
The property, which was absolutely labour-property, was at once perceived to be such, to be dominium and not merely possessio; it never occurred to anybody either to doubt it or to believe it. Now, Proudhon declares that general consent cannot justify property, because general consent to an injustice cannot form the basis of justice.
Frigidula, palidula, undula! Nec, ut soles, dabis jocos. Certainly you will be 'extra dominium' immediately. And my lord Stomach, his Grace, and my lord Heart, his Excellency, and my lord Head, his Royal Highness all must resign office."
At an immemorially early period there was introduced into Roman law the principle on which rested the whole legal position of the metoeci , that, when a master on occasion of a public legal act such as in the making of a testament, in an action at law, or in the census expressly or tacitly surrendered his -dominium-, neither he himself nor his lawful successors should ever have power arbitrarily to recall that resignation or reassert a claim to the person of the freedman himself or of his descendants.
The purpose of Grotius was to claim for every nation, as against the Portuguese, freedom of trade in the Indian Ocean, but the arguments he used appeared to King James and his advisers to challenge the dominium maris, which English kings had always claimed in the "narrow seas."
His sorrow possessed him no more: he possessed his sorrow: in vain it fluttered and beat upon its bars: he kept it caged. From that period date his most poignant and his happiest works: a scene from the Gospel which Georges recognized "Mulier, quid ploras?" "Quia tulerunt Dominium meum, et nescio ubi posuerunt eum."
Not an inch of ground in England was owned save under his authority, as enjoying the supremum dominium. All the land had been granted by his predecessors as fiefs, with the right of reversion to the crown by forfeiture in case of the violation of feudal obligations. Here was no allodial property, no censitive hereditary domain, as in the rest of, otherwise, feudal Europe.
Especially must the -de facto- freedom of the client have approximated to freedom -de jure- in those cases where the relation had subsisted for several generations: when the releaser and the released had themselves died, the -dominium- over the descendants of the released person could not be without flagrant impiety claimed by the heirs at law of the releaser; and thus there was gradually formed within the household itself a class of persons in dependent freedom, who were different alike from the slaves and from the members of the -gens- entitled in the eye of the law to full and equal rights.