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123 On the Roman Coloni. 123 were threatened in case of their running away : they were to be put in fetters, and treated as a punishment after the manner of slaves ^^; which expression clearly demonstrates that they were essentially distinct from slaves. In Gregory the Great's letters too this essential distinction between the two classes is establisht in the most unequivocal manner ^ Several Jews in the town of Luna were possest of Christian slaves. For these slaves Gregory commissions the bishop of Luna to procure their freedom, as was enjoined by the laws"^: if however they had been employed in agriculture, they were to continue on the estates as coloni. But should the master of such a colo7ius endeavour to remove him from the estate, or to reduce him to domestic service, the colofuis was to be perfectly free ; since his master would now have lost his right of property by the general enactment of the laws, and have forfeited the jus colonarizcm by his own arbitrary proceeding. But on the other hand the freedom of the coloni was so limited, that no doubt it bore a great similarity to the condition of the slaves ^^. This similarity is acknowledged in general terms in several passages ^^. Hence they are called se7'vi terrae ^^ ; and the term liberi is now and then used in opposition to the colonic as well as to the slaves ^^. They were liable like the slaves to corporal punishments^^. In like manner the rule which prevailed with regard to slaves, that they should not bring an action against their master, 30 L. 1. C. Th. de fugit. colonis (v. 9) : Ipsos etiam colonos, qui fugam meditan- tur, in servilem conditionern ferro ligari conveniet, ut officia quae liberis congruunt, merito servilis condemnationis compellantur implere. Gothofredus explains the words in servilem conditionern very correctly by instar servi, 31 Lib. IV. Ep. 21. 3- These laws are found in Cod. Just. Lib. i. Tit. 10. ^3 Heineccius despatches this whole enquiry very briefly (Antiq. Lib. i. Tit. 3. § 8), by pronouncing without more ado that the coloni were slaves, merely mentioning by the by that several persons had entertained doubts on the point. 3* L. 2L C. J. de agric. (xi. 47) : Quae enim differentia inter servos et adscriptitio? intelligatur^ cum uterque in domini sui positus sit potestate. L. 2. C. J. in quib. causis coloni (xi. 49) : pene est ut quadam dediti servitute videantur. 35 See the preceding and the 42d notes. 36 L. 21. C. J. de agric. (xi. -^7). L» 16, L. 22. pr. L. 24. eod. Sometimes too this expression is used to designate a freer class among the coloni themselves, as distinguisht from the less free : on this point I shall speak lower down : see note 86. 37 L. 52. 54. C. Theod. de haereticis (xvj. 5). L. 24. C. J. de agric. (xi. 47)^