_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_:
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