The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030569523 Cornell University Library JV98.C7 P38 The Imperial domains and the colonate; olin 3 1924 030 569 523 The ^" Imperial Domains and the Colonate ^n Inaugural Hecture DELIVERED BY HENRY PELHAM, M.A., F.S.A. Cainden Professor of Ancient History in the University of Oxford HENRY FROWDE OXFORD UNIVERSITY PRESS WAREHOUSE, AMEN CORNER, E.C. 1890 [All rights reset ved'\ HORACE HART, PRINTER TO THE UNIVERSITY THE IMPERIAL DOMAINS AND THE COLON ATE. I. Those who are familiar with the mass of literature deal- ing with the vexed question of the origin of the ' colonate,' heaped up by the industry and ingenuity of scholars since the time of von Savigny, will probably turn with impatience from a fresh attempt to give a satisfactory answer. The excuse for these pages must be that at last a general agree- ment seems to exist as to the precise nature of the problem to be solved, and that inscriptions especially have supple- mented our old and much-worn texts by fresh and im- portant evidence. The point which needs explanation may be briefly stated as follows : in the letters of the younger Pliny, and in the writings of jurists like Ulpian belonging to the early years of the third century, we meet with ' coloni ' whose position has altered but little from that of the ' coloni ' of Varro. They are free tenants occupying small holdings under terminable leases, paying rent in money, and at liberty to leave on the expiry of their lease. ' Colonus ' and ' con- ductor ' are still interchangeable terms ^, and the colonate is still an institution of private not of public law. A cen- tury later, we are suddenly confronted in the Codes with ' coloni ' of a very different type. They are indeed ' free men/ but are bound for ever to the soil: they are no longer ' conductores,' but are carefully distinguished from ' The ' colonus ' in the Digest holds under the contract ' locatio — conductio,', Dig. 19. 2. 9; 33. 7- 30, etc. Coulanges, L'AUeu et le domaine rural, pp. 61 sqq. A % them ^, not only by the size of their holdings, but by the nature of their tenure ; for they hold by no lease, whether terminable or perpetual. They moreover constitute a class, tl^e status of which is fixed and defined by the public law of the empire. It is obviously unreasonable to suppose that this transformation was effected at a blow by the legislation of Constantine, and yet of previous legislation of the kind there is no trace. Assuming then, as we must, that this legislation merely recognised and stereotyped a ' custom of the land,' well and widely established at the time, the question meets us. How did this custom arise? The transplantation of barbarians from beyond the frontier by Aurelian and Probus is not by itself a sufficient ex- planation^. It affected only certain districts, and it is separated by too short an interval of time from the legis- lation of Constantine to make it likely that it could have given rise to a custom so universal, as that of the later colonate clearly was early in the fourth century. The view that the custom originated in the special agrarian conditions of Italy or of Africa *, has still to account for its adoption in provinces where these conditions were wanting, and for the absence of all reference to it either in the pri- vate law, or in the literature of the second and third cen- turies. M. de Coulanges, who rightly rejects these expla- nations as inadequate, has endeavoured ' to show * that the growth of the custom which altered the status of the 'colonus,' may be partly explained by the depression through debt of the free coloni to the level of tenants at will tied to the land by their arrears, and the elevation to the position of holders of land, of slaves and freedmen, whose immoveability was a badge of their servile origin. ' This distinction is more fully explained below, p. 12. ' Heisterbergk, Die Entstehnng d. Colonats. Leipzig, 1876. ' Rodbert, in Hildebrand's Jahrbuch, 1864; Heisterbergk, op. cit. 92. * Recherches, chaps, i-iv ; L'Alleu, p. 69 note. But the traces of such a process of depression and elevation which he has discovered in Pliny and in the Digest ^ are few and far between ; nor do these changes seem to have operated widely enough to leave any clear mark on the private law of the third century, or to explain the imperial constitutions of the fourth. It is, I believe, on the imperial domains and in the regu- lations established upon them, that the ' custom of the land ' on which the later legislation was based is to be found. It was, as will be shown, a custom in force upon Caesar's estates as early as the beginning of the second century, long before any traces of it are discoverable on private lands. The distribution of these estates over all parts of the empire, gave this custom a currency far wider than was possible for any local or provincial usage. Their exemption from change of management and ownership gave it stability and permanence, while the quasi-official character neces- sarily attaching to regulations made by Caesar, and en- forced by imperial officials, facilitated its final recognition as part of the public law of the empire. The estates of Caesar filled an important place in the internal economy of the empire. Some of them had been ' public lands ' of the Roman people in the republican period, and a very few, even in the second century A. D., were still so described ^, though undoubtedly subject to the authority of CaesAr \ Such was almost certainly the origin of great part of the extensive imperial domains in Apulia ' Plin. Epp. g. 37, where Pliny proposes to substitute payment in kind for payment in money, but still under a contract of locatio : ' Si non nummo sed partibus locem,' comp. ib. 3. 19 as to the 'reliqua colonorum.' For the eleva- tion of slaves and freedmen, comp. Dig. 33. 7. 12; 'Servus, quasi-colonus,' ib. 7. 20; also Willmanns, Ex. Inscr. Lat. 314 (109 A.D.), 'colonus libertus,' C. I. L. xi. I. 600. ^ Frontinus, Agrira. (ed. Lachmann), i, p. 21, 'loca populi Romani;' comp. Siculus Flaccus, p. 137. ' Mommsen, Staatsrecht, ii. 929 sqq. 6 and Calabria ^, in the old province of Africa *, and in the provinces of Asia, Bithynia, Macedonia, and Spain ^. To these must be added the lands claimed by the Caesars in the provinces created under their rule, whether the crown lands of former rulers, as was probably the case with most of those belonging to Caesar, in Mauretania and Cappa- docia *, or taken from native tribes, as in the Alpine valleys^, in Pannonia, and on the Rhine frontier. We have lastly the estates which were acquired either by inheritance®, or by the ruder method of confiscation ''. But whatever the mode of acquisition, there is little room for doubt that in the second century, and still more in the third and fourth, there was no quarter of the eriipire in which Caesar was not the owner of considerable estates, while in some districts and provinces a considerable proportion of the entire area belonged to him. Such must have been the case in the Roman Campagna and Calabria, in Africa, and in Cappadocia. It must also be remembered, if we are to appreciate the force which a custom established on Caesar's estates would possess, that these estates were not only ubiquitous, but when once they had passed into Caesar's hands, remained for centuries exempt from disintegration by changes of ownership and the chances of the market. There are instances of imperial estates which retained their identity unaltered from the first down to the fifth and sixth centuries, and which are discoverable later still as forming ' For the extent of public land owned by the republic in Apulia and Calabria comp. Livy, 39. 29 ; Varro de re rust. ii. passim. ' See the lex agraria of 1 1 1 B.C., C. I. L. i. 200 ; Cic. de 1. agr. ii. 19. » Cic. de 1. agr. ii. 19. * According to Justinian, Novellae (ed. v. Lingenthal), i. p. 263, about one half of the land in Cappadocia belonged to Caesar. ' Comp. the rescript of Claudius, Willmanns, 2842 : ' agros plerosque et saltus mei iuris esse.' The district referred to was near Tridentum. ' As, for instance, the Thracian Chersonese, Dio. 54. 29. ' E. g. in Africa, Plin. n. h. 18. 35 ; in the Campagna, Plin. paneg. 50. 7 part of the patrfmony of the Church, or the ' terra regis ' of Frankish kings ^- In addition to their ubiquity and their long-continue4 existence, there is a third feature to be noticed as character- istic of the imperial domains ; they are from first to last separated and set apart from all other land ; they are managed exclusively by Caesar's officials, and the dwellers upon them, the * men of the house of Augustus,' as they are styled in the Theodosian Code, stand aloof as a distinct class from their neighbours. This separatenesg marks the whole system of management in all its branches. The central control in Rome was vested at first in two imperial bureaux. The old ' agri publici ' belonged to the fiscus, and were as early as the reign of Claudius under the care of the fiscal libertus, and later of the fiscal procurator ' a rationibus.' The estates acquired by inheritance, and probably those also acquired by confiscation, were treated as the 'patrimonium Caesarjs,' and though possibly regarded as a department of the fiscus, were managed by a separate procurator^. But both these bureaux seem gradually to have withdrawn from the control of the do- mains in favour of the office of the ' res privata ' created by Septimius Severus *- The ' procuratores patrimonii '■ are rarely met with after the beginning of the third century *, and in the Notitia Dignitatum all the landed estates of Caesar, with the exception of the mines, appear as subject to the 'comes rerum privatarum^' In dependence upon ' E.g. the villa and estate of Lncullus (near Baiae) belonged to Julius Caesar, and remained imperial property until Constantine granted them to the See of Naples. Prof. Ramsay writes of an estate in Cappadocia, between Andabalis and Tyana, that it passed from the priests of Zeus Asmabaios to the Cappadocian kings, from them to the Roman emperors, and was claimed as imperial in 975 A. D. after having been long in Mohammedan hands. ' Hirschfeld, Verwalt. Gesch. pp. 41 sqq. s Vit. Severi, 12. * Dig. 30. 39. ■'' Not. Dig. (ed. Seeck) Or. xiv. Under this officer are 'domus divinae, rationales rerum privatanim, praepositi gregum et stabulorum, procuratores 8 the central officials in Rome were those who had charge of the various estate districts throughout the empire. These districts^ (tractus, regiones) varied in size, probably accord- ing to the number and importance of the imperial estates. Thus while the country round Ariminum formed one dis- trict by itself^, Etruria and Picenum are found united under a single procurator ^. In Africa the comparatively large number of districts is explained by the known fre- quency there of imperial domains *. But only very rarely do these districts, whether small or great, coincide with the ordinary administrative divisions ; nor, so far as we can judge, were the procuratores in charge of them directly subordinate to the regular provincial authorities. These procurators have each their own bureau, usually stationed in the leading town of the district, at Ariminum, or Pola, or Carthage, and furnished with the ordinary staff of adjutores, tabularii, etc. ®. Here were kept all documents relating to the estates included in the district, maps showing the boundaries, registers of the slaves and coloni, leases granted to conductores, and the ' forms ' fixing the conditions under which the ' coloni ' held their lands. The procurator with his bureau constituted a ' house of Caesar,' or, as it was styled in the courtly language of the second and following centuries, 'domus Augusta,' and more commonly ' domus divina^.' saltuum ; ' comp. ib. Occ. xii. The mines are under the ' comes sacranim largi- tionum,' ib. Or. xiii. In the Codes the phrases 'fundi' or 'agri fiscales,' ' fundi patrimoniales,' ' fundi rei privatae ' are clearly used loosely as inter- changeable terms. ' Mommsen, Hermes, 15, p. 398. ' C.I. L. xi. p. 77, 'procurator privatae regionis Ariminensium ; ' comp. C.I. L. iii. 7261 ' procurator regionis Chersonesi.' ^ C. I. L. iii. 1464. • For the African districts see Mommsen, Hermes, 15. 399 ; Eph. Epig. 5. Ill, and 7. 330, 229. Besides Carthage, Hadrumetum, Hippo, Theveste, Leptis, Thugga, were all centres of separate districts. * Comp. the inscriptions relating to the bureau at Pola (Istria), C. I. L. v. 27-41 ; and Hirschfeld, VerwaltungSgesch., pp. 41 sqq. ' C. I. L. xii. 4449 (Narbo) mentions the ' familia tabellariorum Caesaris 9 The individual estates were no less sharply distinguished, as separate domains owning no lord but Caesar. Though often lying geographically within the boundaries of a muni- cipal territory, they were strictly extra-territorial ^, and werd not subject to municipal jurisdictioni Within the limits of each estate the supreme authority belongs to the resident procurator of Caesar, who, unlike the district-procurator, is usually a freedman ^. He is, to all intents and purposes, the chief magistrate of these territories of Caesar, though amenable of course to the higher officials in the depart^ ment of the ' res privata,' and to Caesair himself. Disputes arising within the domain were decided by him. It was his duty to protect the estate, and the men of Caesaf resi^ dent upon it, from all external injury and violence ^, with the aid either of the ' rangers ' of the estate (saltuarii *) or even of regular troops ^ He ordered the construction of nostri quae sunt Narbone in domu.' The inscription appears to be ef the Augustan period. The phrase ' domns divina ' occurs in this sense as early as 170 A.D.J Brambach, Inscrr. Rhenanaci 1J21. Beth 'domtis divina' and ' domus Augusta ' are frequent in the Codes. Cod. Th. xi. 65, ' de ftindis rei privatae et saltibus divihae domus ; ' cf. Not. Dig. Or. 37, ' domus divinae ; ' 30, 'doinns divina pet Cappadociam ; ' Cod. Th. 12. 24, 'comes domorum per Cappadociam J ' Noti Dig. Occ. p. igg. Corap. also Cod. Th. xi. 725 X. 4. ' Hermes, 15. 392; with the inscription there given from Numidia, comp. Bull, Corresp. Hell. 1883, p. 313, 'fines Caesdris b.' Pfof. Ramsay, in An- tiquities of S. Phrygia, p. 47, publishes an inscription recording the settlement of the boundary between the territory of the Sagalassi, and a Kaiiri Nepuvos KKavdiov Kaitrapos, '' C. I. Li viii. 587, ' jubeiite Provinciale Aug. lib. pfoc(tiratore).' Mommsen, Hermes, 15. 400, 401. ' Dig. i. 19 (Ant. Pins), 'si tamen quasi tumnltnosum vel injuriosum ad- versus Colonos Caesaris prohibuerint (sc. procuratores) in praedia Caesariana accedere abstinere debebit.' • The meaning of ' saltuarius ' is fixed by Dig. 33. 7. 12, which mentions two classes : (i) ' fructuum servandorum gratia ; ' (2) ' finium custodiendorum cauSa (comp. ib. 7. 8. 16). They cannot have been as Mommsen suggests, Hermes, 15. 401, ' die Vorliufer der Procuratoren.' The Greek eqjiivalent was 6po6>taicfs : (see Corp. Gloss. Lat. ed. Goetz, 2. 177, ' saltuarius '=o/)eo^i!Xof) or vapaipvXa- KiTot, C. I. G. 4366. ° C. 1. L. Viii. 10570, ' missis militibus ; ' cf. Eph. Epig. 5, No. 490. B lO public works, arid supervised their execution ^. It wag he who dedicated altars atid temples ^. In some cases his re- semblance to the chief magistrate of an ordinary munici- pality was carried a step further still. The ' people of the Ormeleis,' the ' coloni ' of an imperial estate in Phrygia, date the year by the ' procurator,' as the Republic of Rome did by the consuls ^. The ' coloni ' forming the ' people ' (plebs, populus) over whom the procurator ruled, constituted a community by themselves. Early in the third century the ' coloni Caesaris ' were declared exempt from municipal burdens *. In civil disputes with parties outside the estate they were defended by the imperial ' defensor domus nostrae.' In criminal cases they were produced in court by the procurator®. The value of these privileges and their liability to abuse are well illustrated by a constitution of 426 A.D., which cautions the 'homines domus Augustae' against undue pride and insolence ''. Enough has been said to show that these estates supplied the Caesars with a vast field in which they could freely work out an economic policy on a truly imperial scale, and that customary regulations established by them on these domains, would not only acquire stability and authority, but would influence practice in all parts of the empire to an extent impossible for any strictly private or local usage. We have next to consider what evidence there is that such a custom as may be supposed to have preceded the legislation of the fourth century was in force upon Caesar's estates as early as the second century. > c. I. L. vlii. 8701, 8828, 8809. " C. I. L. viii. 8702. 587. ' Sterrett, Epig. Journey, No. 43, iirl emTp6irov ; cf. Nos. 43, 46. ' Dig. 50. 6, ' coloni Caesaris a muneribns llberantnr.' » Cod. Th. X. 4. 3. * Cod, Th. A, 26, ' de conductoribus et hominibus domus Augustae.' It Few of the inscriptions discovered during the last ten years are of greater interest than the one found in 1 880 ^ on an imperial estate, the Saltus Burunitanus, situated in the old province of Africa, and in the 'tractus Cartha- giniensis ^.' The inscription is not complete, but the extant portions contain (1) a petition addressed by the ' coloni ' to their lord Caesar, the emperor Commodus, praying that he will redress the wrongs inflicted upon them by the ' con- ductor,' at whose exactions their natural protector, the im- perial procurator, has connived ^ ; (a) the rescript of Com- modus, granting the relief asked for; (3) a letter from Tussanius Aristo, apparently the district procurator*, addressed to the procurator of this particular ' saltus ' (Andronicus), forwarding the imperial reply. Finally the correspondence seems to have been engraved, and set up in evidence on the estate, at the expense of the ' coloni ' and under the supervision of their ' headman ' (magister ^). To appreciate the importance of the glimpse which this inscription gives us into the interior of an imperial domain in the second century, it is necessary to glance for a moment both at the system commonly in force at the same period on private estates, and at that which prevailed upon estates of Caesar and to some extent upon private estates also two centuries later. We shall find that the arrange- ments of the Saltus Burunitanus resemble the latter far more closely than the former system. Setting aside, as beyond the plan of the present inquiry, ' It has been published and discussed by Mommsen, Hermes, 15, pp. 385-41 1. Conlanges, Recherehes, pp. 33 sqcj. C. I. h- viii. 10570. ' Inscr. 3, 1. 10, ' littere . . . quae sunt in t(ab)ulario tuo tractus Karthag (iniensis).' ^ Inscr. 2. 10, ' (c)onductoris artibns gratiosissimi . . . in(dul)Berit.' * The letter is dated from Carthage, where the district bureau was stationed, 4. 24. ■'' Inscr. ad. fin. ' feliciter consummata et dedicata idibus Mails Aureliano et ,Comeliano coss. Cura agente C. Julio P. (f.) Salaputi magistro.' It was probably engraved upon the base ^f an altar. Mommsen, Hermes, 15. 391. B a 12 such lands as were let on perpetual leases ', the private estate gf the second century was, as is well known, divided into two portions, one of which, containing the villa itsejf, was worked by slaves under the oversight of a villjcus or actor, or both, while the other was in the occupation of free ' coloni ^ ' either dwelling together in small Village-like groups, or residing apart on their holdings in single cottages \ These coloni were as a rule small holders, but held, as has been already said, by lease, and paid rent in money*. When, however, we turn to the imperial domains of the fourth century we find a different arrange- ment. There are indeed points of similarity. We read of lands leased in perpetuity by the old ' locatio in perpetuum,' or held under the kindred tenure of emphyteusis '. The distinction, moreover, reappears between the demesne proper, including the villa, with its 'famiUa' of slaves^ under an ' actor,' and the portion occupied by ' coloni ',' a distinction retained, ip Gaul under Prankish rule ', and on the estates in Italy and elsewhere, belonging to the patri- mony of the Church *. But in the first place, a new element is visible in the person of the ' conductor ; ' for while the ' coloni ' on private estates in the second century are legally ' conductores ' and are frequently so called, on an imperial estate in the fourth century, we find one or more ' conductores ' who are clearly ' It is noticeable that this temwe seems to have come into operation first on the lands of the Roman state or of corporations : see Rein, Privatrecht, pp. 342, 343, and the references given there, esp. Gains 145, Dig. 39, 4. 11. ' Dig. 20. I. 32, ' pars sine colonis fuit eaque (sc. praedia) actori colenda tradidit adsignatis et servis cuJturae necessariis.' Plin. Epp, 3. 19. ' Comp. tlxe ' colonize ' and ' casae ' of the Tabulae Alimentariae, esp^ the Table of Veleia. C. I. L, xi. 1 147. * Plin. Epp. 7. 30, 9. 37, 10. 8 ; Dig. 19. a. 25 ; 33. 7. 20. ' Rein, Privatrecht, 344. ° Coulanges, L'AUeu, p. 80 ; for 'actores' comp. Cod. Th'. i. 11, ii. 30,, 31^ X. 4. ' Coulanges, L'Alleu, p. 360. " Deusdedit, Canones, p. 299, 'coloni et familiae massarum.' distinguishable from the ' coloni.' The term ' conductor ' is now reserved for the lessee of the demesne proper, as distinct from the portions of the estate held by 'coloni^.' He was frequently a man of substance and capital, stand- ing in rank and importance far above the latter. As lessee of the 'demesne,' and enjoying probably certain rights to the use of the villa, he was naturally brought into connection, not only with the procurator, but still more closely with the 'actor/ as the person immediately in charge of the villa and the slave establishment ". It would seem, in other words, that for the older system, by which the villa and demesne were worked directly by the actor and slaves of the owner, a different one had been substituted, by which the exploitation of at least a great part of the demesne, with a certain use of the villa, was leased to a middleman. Such an arrangement was obviously specially well suited to develop the resources of wide -stretching domains such as those of Caesar ^, and from these it seems to have spread to the larger private estates *. Secondly, if the imperial lessee of the ' demesne ' is a novelty, so also is the position of the ' coloni.' These have ceased to be ' lessees.' They are now small holders, bound for ever to the soil, and paying rent in kind to Caesar. Of this new system no clear traces can be found on private estates in the literature or in the law of the second and third centuries, while it meets us as a well-understood arrange- ment in the Codes and in the literature of the fifth century. But we learn from the inscription of the Saltus Burunitanus that this was in all essentials the system at work upon an imperial estate as far back as the reign of Hadrian. ' Coulanges, Recherches, p. 1 2 2 ; Mommsen, Hennes, 15. 406 : see also below. " Cod. Th. I. II. 2, 'actores seu conductores dominicos ; ' ib. 10. 4, 'de actoribus et procuratoribus et conductoribus rei privatae.' ' E. g. in Apulia and Calabria; Cassiod. Var. i. 16, v. 31. * Coulanges, UAlleu, p. 68; Cod. Th. 2. 31, 'servo, colono, conductori,, procnratori, actorive' (422 A. D.). B 3 14 The petitioners whose prayer to the emperor is given in that inscription are 'coloni ^,' and some of them at least are ' Gives Romani ^.' They describe themselves as humble country-folk (homines rustici et tenues) labouring with their own hands ^, and as the born servants of Caesar (vernulae ^). The tenure by which they hold their plots of land proves their position to have been essentially dif- ferent from that of the ' coloni ' ( = conductores) on the estates of the younger Pliny. No hint is given of a lease long or short, or of any rent in money, but in support of their case they appeal to a ' lex Hadriani ^,' a copy of which engraved upon a bronze tablet was, they state, to be seen on the estate^, and to which the rescript of Commodus refers as the 'forma perpetuaV This ' perpetual agreement,' made some fifty years before, had apparently fixed for all time the conditions under which ' coloni ' on the estate should hold their land. No less remarkable are these conditions themselves. The ' coloni ' are liable in the first place to pay certain ' partes agrariae,' i.e., as de Coulanges rightly supposes, a fixed yearly portion of the produce of their holdings, and in the second to render certain services with their own hands and with their teams on the ' demesne *.' These were limited " C. I. L. viii. 10570, 3. 7. = lb. a. 14. = lb. 3. 18. ' lb. 3. 28, ' instici tui vemulae (et alumni) saltum tnonim.' ° lb. 3. 4, ' ut kapite legis Hadriane quod supra scriptum est ; ' the part of the inscription containing the ' lex ' is lost. ° lb. 3. 14, ' in acre incisa.' ' lb. 4. 7, ' ne quit contra perpetuam formam a vobis exigatur.' ' lb. 3. 6, ' ademptum est ius etiam proc(uratoribns) nedum conductori, ad- versus colonos ampliandi partes agrarias aut operar(nm) praebitionem iugo- rumve.' Mommsen (Hermes, 15.402) takes 'partes agrariae' as a general term including the two kinds of service (operarum — iugoramve). It is indeed clear from the inscription that it is only with these services that the ' conductor ' is concerned, and only these are consequently referred to in Commodus's rescript. But it is inconceivable that the coloni should not also have paid 15 by the terms of the 'forma perpetua' to six days' labour in the year for each colonus, two at ploughing time, two at sowing time, and two at harvest ^ : as to the ' praebitio iugorum,' no details are given. The complaint of the ' coloni ' is that the conductor, with the connivance of the procurator, has endeavoured to exact additional service, and Commodus enacts 'ne plus quam ter bihas operas cura- bunt^' The 'conductor' himself, Allius Maximus, is described as ' very influential ' (gratiosissimus) and as able by means of his wealth to secure the support of the procurator. It is clear, moreover, that he held by a termin- able lease, for there is a reference to previous 'conductores^.' Finally the resident ' procurator ' of Caesar is evidently the supreme official on the estate, exercising authority over the ' coloni ' and bound to see that the conditions of the ' forma perpetua' are not violated either by them or by the ' conductor *.' Here then, with the exception of the ' actor ' and the ' familia ' of slaves, we have the essential features of the fourth-century system anticipated upon an imperial estate as early as the time of Hadrian. Nor does the instance of the Saltus Burunitanus stand alone. The ' coloni ' of Caesar and the procurator of Caesar reappear elsewhere in the African provinces on inscriptions of the second and third centuries, and it is significant that the coloni are represented as labouring upon works on the estate under something to Caesar for their holdings, and with the ' partes agrariae ' we may compare the 'agraticum' of the Theodosian Code (7. 20. 11) and the epithet ' partiarins,' Dig. 19. 2. 25. For the ' operarum praebitio ' comp. C. Just. II- 53- I. 'redhibitio operarum.' See also Coulanges, L'AUeu, pp. 408 sqq. for the services of coloni on the demesne (dominicum) in Merovingian Gaul. ^ C. I. L. viii. 10570, 3. II, ' non amplius annuas quam binas aratorias, binas sartorias binas messorias operas debea(mus).' Comp. the services of villani in England. Seebohm, Eng. Vill. Community, pp. 41 and 399. ^ C. I. L. viii. 10570, 4. 6. ' lb. 2. 2 and 3. 22, ' per vices snccessionis.' * lb. 2. II, 3. 22. 16 the orders of the procur'ator ^. The researches of Prof. Ramsay have brought to light the existence on the south- eastern frontier of Phrygia of a vast imperial estate ^- The inscriptions relating to it date from ai8 A.D., and reveal an organisation similair to that of the Saltus Burunitanus. The ' coloni ' who erect the inscriptions style themselves the ' bfjuos 'Opnr]\eaiv ^,' and pray for the safety of the emperor Elagabalus, and his wife Annia Faustina *. They reckon by an era of their own (39 A. D.), which Prof. Ramsay suggests may have been that of the organisation of the estate ®, and possibly of the promulgation of the ' forma perpetua ' determining the position and obligations of the ' coloni.' The inscriptions also mention not only the im- perial ' procurator,' but the ' actor ' and ' conductor,' and these three important" personages are, as it wejje, the eponymous magistrates of the year *. The ' procurator ' ' C. I. L. viii. 587, ' coloni saltus Massipiani aedificia vetustate conlapsa s(ua) p(ecunia) restituernnt . . . iubente Provinciale Atig(nsti) lib(erto) proc(uratore) ' (aet. Caracalla). 8701, ' Imp. Caesar M. Aurelius Sevenis Alexander . muros kastelli Dianesis extnixit per colonos eiusdem kastelli ' (234 A. D.). 8702, 'per proc(uratorein) Aug(usti) coloni domini n(ostri) posuemnt ' (191 A. D.). 8777, ' pro salute . . . Imp. Caes. M. Anton. Gordiani . . . totiusque domus divinae murul^s) constitutu(s) a solo a colonis eius casteUi'(243 A. D.). Comp.. also ib. 8425, 8426. In the ninth century (A. D.) the 'coloni' of the papal ' domus culta ' Capracorum built a portion of the Leonine walls. Gregorovius, Gesch. d. Stadt Rom. 2. 383. ^ Ramsay, Antiq. of S. Phrygia, p. 47 ; Stenett, Epigraph. Jonmey in Asia Minor (Boston, U. S. A. 1888), pp. 48 sqq. ' Sterrett, p. 48. Comp. the ' populns plebeius ' on private 'saltus.' Fron- tinus, Agrim. (ed. Lachmann), p. a, and C. I. L. iii. J^So, ' numini domus Augustae Ti. Claudius Fanstinus balneum populo et familial Caesaris n(ostri) d(omini),' where ' popnlus ' = the coloni of the imperial estate (Thracian Cher- sonese). Compare the use of ' plebs ' = coloni in Papal grants of eighth and ninth centuries. * Sterrett, ib., (i)'rip aarripias abrav «o(J) atarijpias 'Stfifipov Kal ^ouffrcii'jjf xal ^ Ramsay, Ant. S. Phrygia, p. 47. On one portion of the estate a ' «5)rov 'APaaxivTou xai {'M.-tjvi5)os NetKoSov 'Hpa(/c\c/)5ov Kal NeiKaSou bh. 17 was probably like the ' Andronicus ' of the Saltus Buruni- tanus, an imperial freedman. The ' actores ' (irpayjuareuTat) are slaves ^ ; the ' conductores ' (ixLaOoaTal) apparently ' ingenui,' though the name of one (Claudius Abascantus) suggests descent from a freedman of one of the Claudian emperors. There is, moreover, an evident connection between the ' actor ' as the slave-steward in charge of the villa, and the ' conductor ' who, with the lease of the ' demesne,' has also certain rights of use over the villa. This large estate, though supervised by a single procurator, con- tained apparently three separate ' villae ' with their re- spective demesnes, and we get in consequence a correspond- ing number of actores and conductores. It is possible also that the ' coloni ' were grouped in three distinct ' vici.' The inscriptions further mention the ' saltuarii ' {opotpvkanfs) ^, who assisted the procurator in guarding the frontiers. Lastly, the ' people of the Ormeleis,' though not a ' civitas,' enjoyed, like the 'coloni' on the African estates, a communal existence. They had their ' headmen ^,' their villages, their religious guilds and priests *, and they contributed to a common fund ^. The Digest, which as we have seen knows only of ' coloni ' as lessees (' conductores ') under the ordinary con- tract of ' locatio — conductio,' throws no light on the special customs of the imperial estates. The passages in which reference is made to ' coloni Caesaris ' are concerned only with the question of their liability to municipal burdens *, and with the right of the procurator to protect them ' For the identity of the ' actores' with the irpay/uiTevrai comp. Scaevola, ap. Digest. 40. 5. 41, and also Corp. Gloss, ij. 14 actor = jr/ja7/*oTeuT^!i ' Sterrett, p. 97, No. 65 ; p. 166, No. 156. ' The ■ trpoiiav,' Sterrett, Nos. 43, 75, can hardly be anything bnt the equivalent of the ' magister ' (vici) of the Salt. Bumnitanus. • Sterrett, 46, mentions a. guild of the worshippers of Zeus Sabarfos, and gives the names of the (?) yearly priests, e. g. lefmreiovTOS KiSpifiavTos. ' Sterrett, 47-50. « Dig. 50. 1. 38; ib. 50.6. i8 against intruders ^. They are consequently of value merely as illustrating the separate and distinct position of these ' colon!,' a fact of some importance in itself. From the ' Liber Coloniarum,' however, it is possible to extract evidence which has a direct bearing on the origin of the custom implied in the inscription of the Saltus Buru- nitanus, by which ' coloni ' were planted by the emperors on their own estates, without lease, but under permanently fixed conditions. In several passages it speaks of ' coloni ' settled upon land by the emperors in a manner clearly distinct alike from the old-fashioned 'colonisation' and from 'leasing.' The 'coloni' are described as 'coloni im- peratoris' or 'coloni sui,' and the 'lands' are apparently imperial estates, Thus under ' Abella ^ ' we read ' coloni vel familia imperatoris Vespasiani iussu eius acceperunt ; ' under Nola^, 'colonis et familiae (Vespasiani) est adju- dicatus (ager) ;' under Lanuvium*, ' imp. Hadrianus colonis suis agrum adsignari iussit ; ' under ' Ager Ostensis ^,' ' ab imperatoribus Vespasiano, Traiano et Hadriano . . . colonis eorum adsignatus.' It is noticeable that these settle- ments are all in Campania and in the Roman Cam- pagna, districts in which the emperors of the first and second centuries are known to have had extensive posses- sions ^. They are, moreover, connected with the names of Ves- pasian, Trajan, and Hadrian, from the last of whom dates the 'forma perpetua' of the Saltus Burunitanus, while it is ' Dig. 1. 19. " Agrimensores (ed. Lachmann), i. p. 230. ' lb. p. 236. * lb. p. 235. ° lb. p. 236. " Inscr. Regn. Neap. 4083, ' procurator tractus Campanae.' Augustus possessed an estate at Nola ; Suet. Aug. 100. A procurator of Vespasian there is mentioned, I. R. N. iggi. For LanuYium, see Hirschfeld, Verwaltungs- geschichte, p. 25. Cf. Plin. Paneg, 50. 19 in a rescript of Hadrian's immediate successor Antoninus Pius, that the first mention of ' coloni Caesaris ' occurs in the Digest^. They are connected, in other words, with those emperors to whom was due a heroic and partially successful effort to replace the extravagance of the Nero- nian age by careful economy, and to husband and develop resources which recent experience had shown to be no longer inexhaustible. In pursuance of this policy they devoted their attention to the already vast domains of Caesar. The latter were carefully resurveyed, their boun- daries fixed, and private encroachments checked^- The procuratorial system was developed and extended ^. Manu- factories of bricks, tiles, and waterpipes were started *, and every effort was made to increase the productiveness of tracts of land till then lying waste or only imperfectly cultivated. For the attainment of this end such an ar- rangement as that which Hadrian effected on the Saltus Burunitanus was well adapted. The 'conductor' brought his capital and skill to the profitable exploitation of the 'demesne.' The 'cploni' supplied a resident free popu- lation, who not only cultivated their own small holdings, but whose services were available for the demesne itself, and this in an age when capital was scarce, and population already showing signs of decline, when, too, slave-labour was not only becoming difficult to procure, but was be- ginning to be viewed with disfavour by economists. We may then venture to connect with the general economic policy of the emperors of the latter half of the first and the beginning of the second century, the custom ' Dig. I. 19. ' Agrim. i. p. 211, 'ab imp. Vespasiano censita.' lb. p. J22, 'lapides in- scripti nomine divi Vespasiani sub clausula tali, ocoupati a privatis fines : P. R. restitnit ' (Cyrenaica). lb. p. 261 ; Inscr. R. N. 2314, 3575. ' Hirschfeld, p. agi ; Schiller, Gesch. d. Kaiserzeit, i. 620. * 5ee the interesting article by Dressel, Bullettino di Coirisp. Arch. 1885, 20 of the land established by Hadrian in Africa, the essential feature of which lay in the substitution for the ordinary coloni holding under terminable leases, of coloiii holding under a 'perpetual form.' We have next to consider how this tenure may have been gradually assimilated to that which we find in the Codes, under which the coloni are by law bound to the soil. The advantages connected with the existence upon the land of a fixed and permanent body of hereditary coloni, which were recognised by Columella^, must have been obvious to the Caesars of the second and third centuries. On their estates in the Roman Campagna the necessity of reform was urgent^, and for the amelioration of the Cam- pagna no more effective means have ever been discovered than that of planting on its soil a numerous population 6f small cultivators. The agricultural settlements of Ves- pasian, Trajan, and Hadrian only anticipated the efforts repeatedly made under the earlier Popes, whose agrarian 'colonies' and 'domus cultae' for a time repaired the ravages of Goths and Lombards^, and renewed in the present century. The aim common to them all cannot be better defined than in the words of Pius VH * : ' avere dei coltivatori inerenti sempre e fissi alia gleba.' But it was not only in the Campagna, half wasted as it was by the extravagance and mismanagement of the noble owners whom the confiscations of Nero and Domitian had dispossessed, that such a policy was desirable. Of the wide domains of Caesar in the provinces a considerable proportion lay in districts thinly populated, partially culti- vated, and often remote from any urban centre, for the > Columella, i. 7. ' Plin. Paneg. 50, of Trajan's reforms, 'nee iam clarissimorum viromnk leceptacula habitatore servo teruntnr aut foeda vastitate procumbnnt.' ' Gregorovins, Gesch. d. Stadt Rom. ii. 255, 372. • Quoted by G. Pinto, L'Agro Komano, p. iti (Roma, 1882). 21 reclamation or cultivation of which no better method could be found. It is, moreover, easy to see that the special circumstances of the imperial domains would tend to fasten the coloni planted upon them, to the soil, more easily and securely than would be possible upon private estates. Such an arrangement as that of the 'forma perpetua' described above would be scarcely practicable upon lands subject to frequent changes of ownership and to the chances of the market, and in a period when the civil law recognised no such tenure. On the lands of Caesar it was both, desirable and feasible. And while the coloni themselves possessed in the continuous ownership of Caesar a guarantee for the fixity of the custom under which they held, they found good reasons for remaining on the soil in the solid advantages attached to their position, in their exemption from municipal burdens, and in the security afforded by imperial protection. Nor can it be doubted that the whole weight of the imperial authority would be thrown in the direction of discouraging and checking migration. In many cases, too, other than economic reasons may have led to restrictions being placed upon the freedom of Caesar's coloni in this respect. In not a few instances these 'coloni' were apparently the former owners of the soil, who had been allowed to remain and cultivate the land as tenants — or were conquered tribesmen trans- planted there as a punishment. In both cases policy would naturally require that they should be strictly subordinated to the authority of the. procurator, and confined within the limits of the ' reservations ' thus assigned to them. In Numidia and Mauretania \ on the Rhine frontier ^, and in ' C. I. L. viii. 8426, ' coloni . . . Kalefacenses et Pardalarii ' on the ' Saltus Horreornm.' lb. viii. 9328, Uzinarenses; comp. ib. 8812. For the transplantation of a portion of the Musulamii to an imperial reservation in the ' trdctus Thevestinus,' see Ephem. Epigr. ii. 279, and C. I. L. viii. 5351. ' Brambach, Inscrr. Rhenanae, 306, 1321, 1677, 1916. 22 Asia Minor ^, we meet with groups of imperial coloni whose barbarian and tribal names mark them as belonging to this class. The system by which Aprelian and Probus planted barbarians upon private lands within the empire, may thus be regarded as merely an extension of that already in working upon the imperial domains under previous em- perors. We have noticed the existence in the second and third centuries upon the imperial estates of a custom involving directly fixed and unchanging conditions of tenure, and of substantial reasons, economic and political, in favour of extending this characteristic of fixity from the conditions of tenure to the tenants themselves. Of the regulations by which the Caesars finally bound their own coloni to the soil, we know nothing. But it is not difficult to understand how the rules of Caesar's estates might become law for the empire : widely distributed as these estates were over ail parts of that empire, the rules in force upon them would acquire a wide notoriety and exert a powerful influence upon the practice of ordinary owners. These rules, moreover, though technically private and extra-legal, would, as emanating from the imperial authority and enforced by imperial officers, wear a quasi- official character, which, added to their stability, would raise them very nearly to the level of law in a period when law itself was coming to be little more than imperial edict. Such legislation would be entirely in accord with the spirit of that gradual but all important revolution which not only transformed Caesar himself into a monarch, but raised his private friends and personal servants to the rank of state officials. It must also be borne in mind that motives similar to those which probably prompted the desire of the Caesars in the second century to fix a re- ' See the inscriptions referred to above, Sterrett, Epig. Journey, Nds. 43 sqq. 23 sident population of cultivators upon their estates, were evidently operating over a wider area at the close of that and in the following century. Prof. Mommsen has justly remarked ^ that the legislation which in the fourth century bound the ' colonus ' to the soil, cannot be separated from that ' which in the guilds, in the army, in the decurionate, substituted a permanent and hereditary obligation for a voluntary or terminable service.' Behind them both lay the desire, in a period of declining energy and of increasing administrative centralisation, to apportion precisely and fix permanently the status and obligations of individuals and classes. Nor is it unreasonable to suppose that such a policy would be first applied by the imperial government, in the case where the need for it was first and most severely felt, that of the cultivators of the soil, on lands over which it possessed absolute control, and where no legislation in the ordinary sense was required for its execution. Its extension to coloni generally, and further still to other classes of the population of the empire, would be easy and natural. It involved merely the application by Caesar and his officers to a larger area of principles already applied by them on Caesar's own estates ^. The theory propounded in the foregoing pages may be briefly summed up as follows. The system of manage- ment and the form of tenure which appear constantly in the fourth century Codes in connection with the colonate, though apparently unrecognised by the law of the third cen- tury as represented in the Digest, are known to have existed upon the domains of Caesar as early as the commence- ment of the second century, and their introduction upon * Hermes, 15. 410. ' Comp. esp. Coulanges' (Recherches, p. 31) remarks on Paulus, Sent. v. i. The registration there mentioned (' descriptio ') of ' coloni ' on imperial estates ' inter fiscalem familiam,' may well have been a precedent for the official registra- tion (' censibus adscriptio ') of the fourth century. 24 these domains can be connected with the economic policy pursued by the emperors of the time, and especially by Hadrian. The position assigned to the ' coloni ' of Caesar under this system, was one which lent itself easily to a gradual assimilation with that occupied by 'coloni' generally in the fourth century. The wide distribution of the imperial domains, the stability and quasi-oflScial character of their management, would facilitate both the adoption of the regulations in force upon them by private owners, and also the elevation of these regulations to the rank of law. Finally, as circumstances showed the advisability of pursu- ing on a larger scale the policy which had dictated these regulations for Caesar's own estates, their application would be extended to the whole area of the empire. II. It may be of interest briefly to call attention here to another phase in the history both of the imperial domains and of the colonate, the gradual elevation of the agricultural settlements of coloni settled upon Caesar's estates to the rank and dignity of ' civitates.' On these estates, as upon those of private owners, the 'coloni ' were usually grouped in communities resembling somewhat the English town- ships ^. These townships were sometimes open villages ; sometimes rudely fortified ' castella ^.' In thinly populated and insecure districts the settlement clustered around a ' turris ' or ' burgus ^ ' (iruVyos), which cannot have been unlike a Border ' peel tower.' In the corn-growing districts, ' PVontinns, Agrim. p. 53. " C. I. L. viii. 8426, 870:, 8777 ; comp. the fortified villages on the private demesne of the king in England, and the ' castra ' of the Roman Campagna in the ninth and tenth centuries. " C. I. L. viii. 8991, 9228. 25 the centre was not unfrequently a great imperial granary ^ These ' vie!,' ' castella,' and ' burgi ' of Caesar's coloni often take their name from the estate itself 2, or from the native tribe which once owned the land ^ but occasionally they reveal their origin by bearing the name of an emperor *, or by such appellations as ' vicus Augusti,' 'vicus Augustanus,' ' turres Caesaris,' ' deCa xdijir] ^.' Politically the position of these townships of Caesar differed in one important respect from that of ordinary ' vici ' and ' castella.' Though like the latter they did not enjoy the ' dignitas civitatis,' yet unlike them they were not assigned or ' attributed ' to any municipium. They are ' extra municipal,' and subject to no authority but that of Caesar and his procurators. They possessed, however, a communal organisation. They had their ' headmen,' priests, and priestesses. Their members met to discuss affairs of interest, and draw up petitions. They erected at the common expense shrines, altars, and public buildings, and they subscribed for common purposes ". A step in advance was marked when such a township obtained market rights (jus nundinarum). These were granted to the townships of Caesar by Caesar himself, probably from motives similar to those which led English kings to set up markets on the Crown demesne *. In any case the establishment of a market gave an impulse to the • E. g. C. I. L. viii. 8426, ' caput Saltus Horreonim.' ' Saltus NicerinUB, C. I. L. xii. 2604. Hierocles gives sncli names as ' Xoipla naTpi^ocia[Aio],' ' KA^/ios 'Optii'^s,' ' Kr^/ia ivKaKaiov ' according to a correc- tion. ^ See supra, p. 21. • ' Kc&/U7 'Sipwfos KKauhiov Kalaapos,' Ramsay, Antiq. of S. Phrygia, 47 ; ' castellum Aurelianense Antoninianense,' C. I. L. viii. 8426 ; ' vicns Aurelii,' Tab. Pent. Willmanns, 2255. Comp. C. I. L. x. 8261. ° C. I. L. viii. 2568, 4205, 8991 ; xiv. 2040. • See supra, p. 17. ' Dig. 50. II. 1 ; C. I. L. iii. 4121, viii. 6357. ' See Report of Commission on Market-tolls Lond. 18S9, Elton's Introduction. 26 growth of the township by eacouraging industry and attracting traders ^- We may suspect that in some cases at least a further stage in the development of these communities was reached, when the emperor by sale or free' grant transformed the 'coloni' into owners, and by consequence the dependent township into a free one, a practice explicitly referred to in the Codes, e. g. Cod. Just. xi. 67. 6, ' quoties alicui colonorum agrum privati patrimonii nostri placuerit venumdari ^/ It is difficult not to suppose that some at all events of the ' free townships ' known to have existed in the fourth and fifth centuries originated in this manner *. They are styled ' vici publici *,' or K&nai iKevdepot ^, and are composed of a number of small proprietors, ' vicani propria possidentes ",' who however may not transfer their holdings to any person not already a resident in the township ''. What proportion of the dependent townships on the imperial domains passed through this intermediate stage on the way to full civic dignity cannot be determined. But that the 'dignitas civitatis ' was finally reached by a considerable number is certain. Nor is this surprising when we remember the special advantages which they possessed. Their exemption from all municipal and from some fiscal burdens, the secu- rity against violence afiforded by the presence of Caesar's procurator as well as by the pbwerful patronage of the imperial ' defensor,' and of the emperor himself, and finally the prestige enjoyed by 'men of the house of Augustus' '■ A recently discovered fragment of the inscription relating to the Saltus Burtinitanus mentions the ' tabernae ' of the traders ; Ephem. Epig. v. p. 325. ' Comp. Cod. Th. v. 14, x. i. It might be inferred from these passages that in some cases the land was granted on the tenure of emphyteusis. ' Kuhn, Verfassung d. Romischen Reichs, i. 271. * Cod. Th. xi. 24. 6. " Nov. Just. iii. 2. 2 ov iro\(Ti;s, in xo'P^'x' ^i tivos i\ei0epov ^ niifoj!. ' Cod. Th. xi. 24; Libanius (ed. Reiske) ii. 507 ia&arov /iipos ov iroXb KtKTfinhov. ' Cod, Th. xi. 24 ; C. Just. xi. 35. 27 would all tend to increase their prosperity and their popu- lousness. On the other hand the policy of freely granting charters of incorporation was one which all emperors from Vespasian onwards followed with more or less consistency, as tending to develop the energies and advance the civilisa- tion of the empire >, while to those of the fourth and fifth centuries it commended itself on administrative grounds also, as involving the wider diffusion of the system on which the fabric of imperial government had come to rest that of the ' curiales ^.' Among cases where ' civitates ' appear to have developed out of dependent townships of ' coloni ' on Caesar's estates the following may be mentioned : — (i) In Africa. Castellum Lemellense (C. I. L. viii. 8808, Tab. Pent.) is a ' municipium ' in the reign of Philip (244 A.D., C.I.L. viii. 88o9),and has a bishop in the African lists of the fifth century. The following may for the reason last mentioned be also assumed to have received at some time the dig- nitas civitates. Saltus Burunitanus, saltus Hor- reorum, castellum Cellense, burgus Uzinazensium. (a) In Germany three imperial Saltus are described as ' civitates,' the Saltus Nicerinus {> second century), C. I. L. xii. 2604, comp. Willmanns 2258, civitas Ulpia Saltus Nicerini. Saltus Sumelocensis, Will- manns' 2250, 2251, in honorem domus divinae ex decreto ordinis saltus Sumelocensis. Saltus Tau- nensis, Willmanns 2272 in h. d(omus) d(ivinae) . . . c(ivitas) s(altus) T(aunensis). ' Comp. the language of the imperial rescript (fourth century) granting the 'dignitas civitatis' to Tymandos in Pisidia. Hermes, 22. 321, 'cnmque ita ingenitnm nobis sit ut per universnm orbem nostrum civitatum honor ac numerus augeatur.' " Kuhn, Verf. d. R. Reichs, ii. 240. The essential consequence from the government point of view of the grant of ' dignitas civitatis ' was the constitution of an ' ordo ' of ' decuriones,' on whose shoulders should rest the administrative burdens. See the Tymandos inscription referred to above. 28 (3) In Italy. Vicus Augustanus (replaced Laurentum, C. I. L. xlv. p. 183).. The respublica Lavicanorum Quintanensium (C. I. L. xiv. 2770), which replaced the extinct Labicum, grew up on the imperial ' praedia Quintanensia ' (ib. xiv. 4090). Lorium, the estate of M. Aurelius, had the status of a colony in the fourth century (Willmanns 2596). Albano, which was imperial property at least as early as Domitian, appears as a civitas in the fourth century, see Liber Pontificalis (ed. Duchesne, pp. 174 sqq.). It is also possible that the reappearance as * civitates ' of Veil in the third century (Willmanns 2080), and of Bovillae in the second century (C. I. L. xiv. 2409), may be connected with settlements upon the imperial estates there, (4) In Thracian Chersonese an inscription at Coela re- cords a gift made as early as 55 A.D. 'populo (= colonis) et familiai Caesaris.' Coela figures later as ' municipium Aelium ' (C. I. L. iii. 7380). (5) In Asia Minor. Ormeleis, the coloni of an imperial estate in 218-221 A.D. (see supra, p. 16). Hiero- cles gives Kr^/Lta Ma^i/itapouTidAeas. The Acta Conciliorum give Maximianopolis. The Saltus Zaliche of Hierocles became Leontopolis (Kuhn, Verf. d. R. Reichs, ii. 250). Prof. Ramsay has identified the Phrygian Augustopolis of the Acta Conciliorum (fifth century) with ©ei'a Kii>\a] = ' vicus divinus,' and the Xaipi'a Ilarptfioria (Caria) of Hierocles with Phylakaion. Other instances are Mesanakta in Phrygia, Bazis in Cappadocia, and Bindeps{ = Endoxioupolis or Theodosioupolis) in Pisidia.