[The History of Rome, Book I by Theodor Mommsen]@TWC D-Link bookThe History of Rome, Book I CHAPTER VI 7/25
By degrees, however, the body of -- metoeci-- outgrew these fetters; they began to acquire and to alienate in their own name, and to claim and obtain legal redress from the Roman burgess-tribunals without the formal intervention of their patron. In matters of marriage and inheritance, equality of rights with the burgesses was far sooner conceded to foreigners( 3) than to those who were strictly non-free and belonged to no community; but the latter could not well be prohibited from contracting marriages in their own circle and from forming the legal relations arising out of marriage--those of marital and paternal power, of -agnatio- and -gentilitas- of heritage and of tutelage--after the model of the corresponding relations among the burgesses. Similar consequences to some extent were produced by the exercise of the -ius hospitii-, in so far as by virtue of it foreigners settled permanently in Rome and established a domestic position there.
In this respect the most liberal principles must have prevailed in Rome from primitive times.
The Roman law knew no distinctions of quality in inheritance and no locking up of estates.
It allowed on the one hand to every man capable of making a disposition the entirely unlimited disposal of his property during his lifetime; and on the other hand, so far as we know, to every one who was at all entitled to have dealings with Roman burgesses, even to the foreigner and the client, the unlimited right of acquiring moveable, and (from the time when immoveables could be held as private property at all) within certain limits also immoveable, estate in Rome.
Rome was in fact a commercial city, which was indebted for the commencement of its importance to international commerce, and which with a noble liberality granted the privilege of settlement to every child of an unequal marriage, to every manumitted slave, and to every stranger who surrendering his rights in his native land emigrated to Rome. Class of -- Metoeci-- Subsisting by the Side of the Community At first, therefore, the burgesses were in reality the protectors, the non-burgesses were the protected; but in Rome as in all communities which freely admit settlement but do not throw open the rights of citizenship, it soon became a matter of increasing difficulty to harmonize this relation -de jure- with the actual state of things. The flourishing of commerce, the full equality of private rights guaranteed to all Latins by the Latin league (including even the acquisition of landed property), the greater frequency of manumissions as prosperity increased, necessarily occasioned even in peace a disproportionate increase of the number of -- metoeci--.
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