344 Fixed services of coloni 



tenant farmers, was not unknown in the practice of great private land- 

 lords. This may well have been the case in Africa, still populous and 

 prosperous, though such a system never took root in depopulated and 

 failing Italy. It required willingness on the part of men of substance 

 to risk their capital in a speculation that could only succeed if good 

 sub-tenants were to be found. This condition could not be fulfilled in 

 Italy, but in Africa things were very different. 



It is however easier to note this difference by unmistakeable signs 

 than to ascertain it in detail. One point is clear. The coloni on this 

 domain were bound to render fixed services to the head-tenants at 

 certain seasons of the year. These services consisted of two days' 

 work (operas binas) at the times of ploughing hoeing and harvest, six 

 in all. The falling-off in the supply of slaves, despite occasional 

 captures of prisoners in war, was a consequence of the pax Romana, 

 and how to provide sufficient labour was a standing problem of agri- 

 culture. The guarantee of extra labour at seasons of pressure was 

 doubtless a main consideration with speculators in inducing them to 

 venture their substance by becoming lessees of large tracts of land. 

 Of hired labour available for the purpose the statute gives no hint, 

 nor is it likely that such labourers were to be found in Africa. Thus 

 the colonus, and perhaps his whole household, were bound to certain 

 compulsory services, and thereby made part of an organization strictly 

 regulated and liable to further regulation. Further regulation was not 

 likely to give the peasant farmer more freedom of movement, since the 

 leading motive of the system was to secure continuous cultivation, and 

 this could best be secured by long tenancies, tending to become hereditary. 

 Therefore this statute offers various inducements to keep the peasant 

 contentedly engaged in bettering his own position by developing the 

 estate. The head-tenants are strictly forbidden to oppress him by 

 exacting larger shares of produce or more operae than are allowed by 

 the regulations. He is encouraged to cultivate parcels of waste land, not 

 included in his farm, by various privileges : in particular, a term of rent- 

 free years is guaranteed to him in case he plants the land with fruit 

 trees. This term, varying from five to ten years according to species 

 of trees, is meant to give him time to get a taste of profit before he be- 

 comes liable to rent: its effect in making him loth to move is obvious. 



The statute tells us nothing on another important point. From the 

 jurists and other sources 1 we know that in Italy it was normally the 

 custom for the stock of a farm let to a colonus to be found for the 

 most part by the landlord. It was held 2 that in taking over this instru- 

 mentum at a valuation the tenant virtually purchased it, of course not 



1 Pliny epist in 19 7. Digest xix i ip 2 , xxxn pi 1 , xxxnr 7 passim. 



2 Dig Xix 2 3, and Monro's note. 



