[1426] Such as the lex coloniae Genetivae Iuliae of 44 BC, and the leges of Salpensa and Malaca of 81-4 AD. Girard, and Bruns’ Fontes.
[1427] Esmein p 309 well refers to the passages in Lachmann’s Feldmesser, Frontinus p 53 and Siculus Flaccus p 164. Cf Hirschfeld l.c. p 558.
[1428] Colum I 6 §§ 7, 8.
[1429] Colum I 7.
[1430] conductor and coloni are both bound by the statute for the fundus or saltus. In theory both are tenants of the emperor, in practice the conductor has the upper hand, as Cuq points out.
[1431] Compare Dig XIX 2 § 15⁴ with § 25⁶.
[1432] quasi societatis iure. Of course not a real socius. See Index, [colonia partiaria], and Vinogradoff, Growth of the Manor note 91 on p 109.
[1433] See Dig I 19 § 3¹, an opinion of Callistratus, a jurist of the time of Severus. That in some sense or other the coloni were tenants of the emperor seems certain. See CIL VIII 8425 (Pertinax), 8426 (Caracalla), also 8702, 8777. And Esmein pp 313-5.
[1434] This becomes an important subject of legislation in the Theodosian code. See Cod Th V 11 § 8, 14 § 30.
[1435] See de Coulanges pp 140-4, where this view is more strongly expressed.