Chapter 2 - The Colonate in the Year 438 in Theodosius’ Code

Summary

The abolition of the poll tax in Illyricum and Thrace made automatically the estate owner’s guarantee for this void and with that the census registration and the colonate. To prevent loss of labour in these war-stricken provinces the emperors introduced in 371 and 398 the rule that, although now free from subjection, former coloni had to remain on the estate and render services. This ‘free’ colonate, which must have existed before, was also introduced in Palestine in 386. The status of the ‘free’ coloni in Byzantium looks very similar to the status of the serfs, villeins, or Hörigen in medieval West-Europe, who also were tied to a plot of land. But there were differences too: unlike in some cases there, these coloni were not in any way subjected to the jurisdiction of their masters, nor required to ask permission for marriage, etc. Further, as far as we know, there is no link between the two phenomena. If we would call them nevertheless serfs, it should always be with the adjective Byzantine.