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143 071 the Roman Coloni. 143 partly Romans (inquilini)^ partly foreiners (coloni) who sub- mitted of their own accord to the Roman yoke on condition of enjoying these rights ; and that the latter were hence termed dedititii. But not only does he make these assertions without bringing forward any evidence to support them ; he also seems to confound totally distinct ages and notions. In the days of the republic the name of dedititii was used for such conquered nations as surrendered at discretion, for which act there were peculiar solemn forms. The lew Aelia Sentia apphed it as a mere technical expression to those freedmen who had suf- fered ignominious punishments during their slavehood, and who consequently on their manumission were not to become civeSj but merely peregrini^ and that too with very limited rights. Neither of these uses will suit the case supposed by Gotho- fredus : but in selecting the term he seems to have had both its ancient meanings in his head^ without forming any clear notion about them. Winspeare ^^^ assumes that there was an internal connexion between the institutions of the old Roman colonies, and the tenure of land in the provinces, as well as that of feudal times : he maintains that all these institutions were essentially the same, that is to say, dependent property subject to cer- tain restrictions and burthens ; and that the condition of the coloni under the empire was nothing more than a modification of that of the old colonists, the peasantry being regarded as a lower class, from the similarity of their occupation to that of the slaves. The correctness of this comparison however I must dispute in all its parts, though without entering into a detailed examination and refutation of it. A very important contribution to the history of the coloni is supplied by a recently discovered constitution of the Theo- dosian code ^ In this the emperors state that the barbarian nation of the Scyrians had now been subjected by war to the Roman dominion : and permission is given to every land- owner ^^ to apply to the prefect of the praetorium for labourers 2» Lib. V. Tit. 4. Const. 3. p. 284, ed. Wenck. This ordinance is by Honorius and Theodosius, dated from Constantinople in the year 409. 2'^ Ideoque damus omnibus copiam ex praedicta gente hominibus agros proprios frequentandi^ ita ut omnes sciant, susceptos non alio jure qiiam colonatus apud se
 * 2o In the work quoted in note 8, pp. 102, foil.