Chapter 5 - The Colonate between Theodosius’ Code and Diocletian and the Third Century, 438–293/268/249

Summary

A construction like the colonate is known in the Heroninos archive (249–268). It is the paramonè agreement, where the estate owner grants credit and the debtor provides labour at the wish of the creditor, as a kind of interest. For the period from 364 to 293 constitutions are considered as issued originally. Retrogradely, several additions become visible. In the middle of the fourth century the coniugium non aequale is applied to coloni and some groups of workers, as is the senatusconsultum Claudianum. In 319 the coloni on imperial estates may be recalled: the essential mark of subjection. The same is shown in 332 for coloni on private lands: they are alieni iuris, may be recalled, and tax must be paid for them. Connected with the similar condicio for monetarii in 319, the colonate may have existed essentially in the beginning of the fourth century and can now be connected with a rescript of 293/4.