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The Colonate in Justinian's Reign

Published online by Cambridge University Press:  08 March 2010

A. J. B. Sirks
Affiliation:
Oxfordboudewijn.sirks@law.ox.ac.uk

Extract

Justinian's codification may be considered a coherent aggregate of all the law existing in A.D. 530–534. On the basis of this and his subsequent legislation it appears that the condicio coloniaria existed in his reign in two forms. One, the adscripticiate, based on a contract by which a person fixated his origo from a town onto an estate. This implied his coming under the potestas of the estate owner and the treatment of his possessions as if peculium, while his descendants were tied to this origo and its implications. The other, a colonate with the origo also fixed to an estate, but without the implications mentioned before: hence ‘free’ coloni. This latter colonate came primarily into existence if an adscripticius had performed services during thirty years.

Type
Articles
Copyright
Copyright © A. J. B. Sirks 2008. Exclusive Licence to Publish: The Society for the Promotion of Roman Studies

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