Flodoardin, c. 28, History of the church of Rheims, gives us the will of St. Remi, its bishop, who baptized Clovis, upon his conversion in 496, and who was still living in the year 550. This document grants freedom to some of the colonists belonging to that church and retains others in service.
Du Cange says (Art. Colonus) that though in several instances the condition of the colonists was as abject as that of slaves, yet generally they were in a better position. Erant igitur coloni mediæ conditionis inter ingenuos seu liberos et servos.
LESSON VIII.
From the fact that the slaves of this era were of the same colour and other physical qualities of their masters; from their great number, and consequently little value, their condition became attended with extremely diverse circumstances; so various were, therefore, the relations between them and the master, that it would now be impossible, perhaps, to give an accurate history of their various castes. These facts should be kept in mind, lest we mistake, and find confusion, where distinction was sufficiently clear and obvious.
Muratori, treating of the Roman slaves and freedmen, acknowledges that he is unable accurately to state the conditions on which they manumitted their slaves. In his treatise, “Sopra i Servi e Liberti Antichi,” he has a passage thus:
Noi non sappiamo se con patti, e con quai patti una vulta si manomettessero que’ Servi, che poi continuavano come Liberti a servire in Casa de’ loro Padroni, con essere alzati a piu onorati impieghi. Sappiamo bensi dal Tit. ne Operis Libertorum, e dall’ altro de bonis Libertorum ne’ Digesti, che moltissimi acquistavano la Liberta con obbligarsi di fare ai Padroni de’ Regaii, o delle Fatture, se erano Artefici, Operas, vel Donum. Questo si praticava verisimilmente dai soli Mercatanti, ed altri Signori dati all’ interarse, ma non gia dalle Nobili Case. Per conto di questo, le antiche Iscrizioni ci fanno vedere, che moltissimi furono coloro, che anche dopo la conseguita Liberta seguitavano a convivere, e servire in quelle medesime Case, non piu come Servi, ma come Liberti, perche probabilmente tornava il conto agli uni e agli altri. I Padroni si servivano di Persone loro confidenti, e gia innestate nella propria Famiglia; ei Liberti cresciuti di onore, e di guadagno poteano cumulare roba per se e per li Figli. Non ho io potuto scoprire se i Romani tenessero Servi Mercenarj come oggidi. O di veri Servi, o di Liberti allora si servivano. Cio posto, maraviglia e, che il Pignoria, in trattando degli Ufizj de’ Servi antichi, imbrogliasse tanto le carte, senza distinguere i Servi dai Liberti, e con attribuir molti impieghi ai primi, che pure erano riserbati agli ultimi. E piu da stupire e, citarsi da lui Marmi, che parlano di Liberti, e pure sono presi da esso, come se parlassero di Servi.
We know not whether they manumitted upon condition, or, if so, upon what conditions they manumitted formerly those servants who continued thenceforth as freed persons, but elevated to more honourable employments, to serve in the houses of their masters. We do indeed know in the Tit. de Operis Libertorum, and in another de bonis Libertorum of the Digests, that very many acquired their liberty with the obligation of giving to their masters presents, or doing work if they were artists, Operas vel donum. This was in all likelihood practised only by merchants or other masters given to making profit, but not by noble houses. As to these the ancient inscriptions exhibit to us that very many who obtained their freedom, yet continued to live and to do service in those same houses, no longer as slaves, but as freed persons, because probably each party found it beneficial. The patrons kept about them persons in whom they had confidence, and who had already been engrafted on their families; the freed persons, grown to honour and making profit could create property for themselves and for their children. I cannot discover whether the Romans had hireling servants, as is now the case. They had then true slaves and sometimes freed persons. This being the case, it is matter of surprise that Pignoria, in treating of the employment of the ancient slaves, should have been so perplexed as not to be able clearly to distinguish slaves from freed persons, and should have attributed to the former many employments which were specially reserved for the latter: and it is more to be wondered at, that marbles which speak of freed persons are referred to by him and explained as treating of slaves.
It is clear that even in the days of the Emperor Claudius, to whose reign, A.D. 45, the marble of which he treats refers, and probably long before that period, many of the freedmen of the Roman empire were bound to do certain services for the patrons who had been their masters, and that this obligation descended to their progeny. Hence this would still be a species of servitude.
The barbarians who overran the empire came chiefly from Scythia and Germany, as that vast region was then called which stretches from the Alps to the Northern Ocean. When they settled in the conquered provinces of Gaul and in Italy, they introduced many of their customs as well of government as of policy. Most of their slaves were what the writers of the second, third, and fourth centuries describe as coloni and conditionibus obligati. As Tacitus describes, in xxv. De Moribus Germanorum: