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| Body Pages 399.3 Time 5:32:45 |
| Chapters 12/468 |
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Introduction. 
The interest of the life of Cassiodorus is derived from his position
rather than from his character. He was a statesman of considerable
sagacity and of unblemished honour, a well-read scholar, and a devout
Christian; but he was apt to crouch before the possessors of power
however unworthy, and in the whole of his long and eventful life we
never find him playing a part which can be called heroic.
His position, however, which was in more senses than one that of a
borderer between two worlds, gives to the study of his writings an
exceptional value. Born a few years after the overthrow of the Western
Empire, a Roman noble by his ancestry, a rhetorician-philosopher by
his training, he became what we should call the Prime Minister of the
Ostrogothic King Theodoric; he toiled with his master at the
construction of the new state, which was to unite the vigour of
Germany and the culture of Rome; for a generation he saw this edifice
stand, and when it fell beneath the blows of Belisarius he retired,
perhaps well-nigh broken-hearted, from the political arena. The
writings of such a man could hardly fail, at any rate they do not
fail, to give us many interesting glimpses into the political life
both of the Romans and the Barbarians. It is true that they throw more
light backwards than forwards, that they teach us far more about the
constitution of the Roman Empire than they do about the Teutonic
customs from whence in due time Feudalism was to be born. Still, they
do often illustrate these Teutonic usages; and when we remember that
the writer to whom after Tacitus we are most deeply indebted for our
knowledge of Teutonic antiquity, Jordanes, professedly compiled his
ill-written pamphlet from the Twelve Books of the Gothic History of
Cassiodorus, we see that indirectly his contribution to the history of
the German factor in European civilisation is a most important one.
Thus then, as has been already said, Cassiodorus stood on the confines
of two worlds, the Ancient and the Modern; indeed it is a noteworthy
fact that the very word _modernus_ occurs for the first time with any
frequency in his writings. Or, if the ever-shifting boundary between
Ancient and Modern be drawn elsewhere than in the fifth and sixth
centuries, at any rate it is safe to say, that he stood on the
boundary of two worlds, the Roman and the Teutonic.
But the statesman who, after spending thirty years at the Court of
Theodoric and his daughter, spent thirty-three years more in the
monastery which he had himself erected at Squillace, was a borderer in
another sense than that already mentioned--a borderer between the two
worlds of Politics and Religion; and in this capacity also, as the
contemporary, perhaps the friend, certainly the imitator, of St.
Benedict, and in some respects the improver upon his method,
Cassiodorus largely helped to mould the destinies of mediaeval and
therefore of modern Europe.
I shall now proceed to indicate the chief points in the life and
career of Cassiodorus. Where, as is generally the case, our
information comes from his own correspondence, I shall, to avoid
repetition, not do much more than refer the reader to the passage in
the following collection, where he will find the information given as
nearly as may be in the words of the great Minister himself.
The ancestors of Cassiodorus for three generations, and their public
employments, are enumerated for us in the letters (Var. i. 3-4) which
in the name of Theodoric he wrote on his father's elevation to the
Patriciate. From these letters we learn that--
(1) Cassiodorus, the writer's great grandfather, who held the rank of
an Illustris, defended the shores of Sicily and Bruttii from the
incursions of the Vandals. This was probably between 430 and 440, and,
as we may suppose, towards the end of the life of this statesman, to
whom we may conjecturally assign a date from 390 to 460.
(2) His son and namesake, the grandfather of our Cassiodorus, was a
Tribune (a military rank nearly corresponding to our 'Colonel') and
Notarius under Valentinian III. He enjoyed the friendship of the great
Aetius, and was sent with Carpilio the son of that statesman on an
embassy to Attila, probably between the years 440 and 450. In this
embassy, according to his grandson, he exerted an extraordinary
influence over the mind of the Hunnish King. Soon after this he
retired to his native Province of Bruttii, where he passed the
remainder of his days. We may probably fix the limits of his life from
about 420 to 490.
(3) His son, the third Cassiodorus, our author's father, served under
Odovacar (therefore between 476 and 492), as Comes Privatarum Rerum
and Comes Sacrarum Largitionum. These two offices, one of which
nominally involved the care of the domains of the Sovereign and the
other the regulation of his private charities, were in fact the two
great financial offices of the Empire and of the barbarian royalties
which modelled their system upon it. Upon the fall of the throne of
Odovacar, Cassiodorus transferred his services to Theodoric, at the
beginning of whose reign he acted as Governor (Consularis[1]) of
Sicily. In this capacity he showed much tact and skill, and thereby
succeeded in reconciling the somewhat suspicious and intractable
Sicilians to the rule of their Ostrogothic master. He next
administered (as Corrector[2]) his own native Province of 'Bruttii et
Lucania[3].' Either in the year 500 or soon after, he received from
Theodoric the highest mark of his confidence that the Sovereign could
bestow, being raised to the great place of Praetorian Praefect, which
still conferred a semi-regal splendour upon its holder, and which
possibly under a Barbarian King may have involved yet more
participation in the actual work of reigning than it had done under a
Roman Emperor.
The Praefecture of this Cassiodorus probably lasted three or four
years, and at its close he received the high honour of the Patriciate.
We are not able to name the exact date of his retirement from office;
but the important point for us is, that while he still held this
splendid position his son was first introduced to public life. To that
son's history we may now proceed, for we have no further information
of importance as to the father's old age or death beyond the
intimation (contained in Var. iii. 28) that Theodoric invited him,
apparently in vain, to leave his beloved Bruttii and return to the
Court of Ravenna.
MAGNUS AURELIUS CASSIODORUS SENATOR was born at Scyllacium
(_Squillace_) about the year 480. His name, his birthplace, and his
year of birth will each require a short notice.
(1) _Name._ Magnus (not Marcus, as it has been sometimes incorrectly
printed) is the author's praenomen. Aurelius, the gentile name,
connects him with a large gens, of which Q. Aurelius Memmius Symmachus
was one of the most distinguished ornaments. As to the form of the
cognomen there is a good deal of diversity of opinion, the majority of
German scholars preferring Cassiodor_i_us to Cassiodorus. The argument
in favour of the former spelling is derived from the fact that some of
the MSS. of his works (not apparently the majority) write the name
with the termination _rius_, and that while it is easy to understand
how from the genitive form _ri_ a nominative _rus_ might be wrongly
inferred instead of the real nominative _rius_, it is not easy to see
why the opposite mistake should be made, and _rius_ substituted for
the genuine _rus_.
The question will probably be decided one way or the other by the
critical edition of the 'Variae' which is to be published among the
'Monumenta Germaniae Historica;' but in the meantime it may be
remarked that the correct Greek form of the name as shown by
inscriptions appears to be Cassiodo_rus_, and that in a poem of
Alcuin's[4] occurs the line
'Cassiodorus item Chrysostomus atque Johannes,'
showing that the termination _rus_ was generally accepted as early as
the eighth century. It is therefore to be hoped that this is the form
which may finally prevail. |
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1 - 1 KING THEODORIC TO EMPEROR ANASTASIUS.
'It behoves us, most clement Emperor, to seek for peace, since there
are no causes for anger between us.
'Peace by which the nations profit; Peace the fair mother of all
liberal arts, the softener of manners, the replenisher of the
generations of mankind. Peace ought certainly to be an object of
desire to every kingdom.
'Therefore, most pious of princes, it accords with your power and your
glory that we who have already profited by your affection [personally]
should seek concord with your Empire. You are the fairest ornament of
all realms; you are the healthful defence of the whole world, to which
all other rulers rightfully look up with reverence[204], because they
know that there is in you something which is unlike all others[205]:
we above all, who by Divine help learned in your Republic the art of
governing Romans with equity. Our royalty is an imitation of yours,
modelled on your good purpose, a copy of the only Empire; and in so
far as we follow you do we excel all other nations.
'Often have you exhorted me to love the Senate, to accept cordially
the laws of past Emperors, to join together in one all the members of
Italy. How can you separate from your august alliance one whose
character you thus try to make conformable to your own? There is
moreover that noble sentiment, love for the City of Rome, from which
two princes, both of whom govern in her name, should never be
disjoined.
'We have thought fit therefore to send A and B[206] as ambassadors to
your most serene Piety, that Peace, which has been broken, through a
variety of causes, may, by the removal of all matters of dispute, be
firmly restored between us. For we think you will not suffer that any
discord should remain between two Republics, which are declared to
have ever formed one body under their ancient princes[207], and which
ought not to be joined by a mere sentiment of love, but actively to
aid one another with all their powers. Let there be always one will,
one purpose in the Roman Kingdom. Therefore, while greeting you with
our respectful salutations, we humbly beg that you will not remove
from us the high honour of your Mildness's affection[208], which we
have a right to hope for if it were never granted to any others.
'The rest of their commission will be verbally conveyed to your Piety
by the bearers of these letters[209].' |
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1 - 2 KING THEODORIC TO THEON, VIR SUBLIMIS.
'We are informed by Count Stephen that the work of preparing the
purple for the sacred (_i.e._ royal) robes, which was put under your
charge, has been interrupted through reprehensible negligence on your
part. There must be neglect somewhere, or else the wool with its
milk-white hairs would long before now have imbibed the precious
quality of the adorable _murex_. If the diver in the waters of
Hydruntum[210] had sought for these murex-shells at the proper season,
that Neptunian harvest, mixed with an abundant supply of water, would
already have generated the flame-bright liquid which dyes the robes
that adorn the throne. The colour of that dye is gay[211] with too
great beauty; 'tis a blushing obscurity, an ensanguined blackness,
which distinguishes the wearer from all others, and makes it
impossible for the human race not to know who is the king. It is
marvellous that that substance after death should for so long a time
exude an amount of gore which one would hardly find flowing from the
wounds of a living creature. For even six months after they have been
separated from the delights of the sea, these shell-fish are not
offensive to the keenest nostrils, as if on purpose that that noble
blood might inspire no disgust. Once this dye is imparted to the
cloth, it remains there for ever; the tissue may be destroyed sooner
than part with it. If the murex has not changed its quality, if the
press (torcular) is still there to receive its one vintage, it must be
the fault of the labourers that the dye is not forthcoming. What are
they doing, all those crowds of sailors, those families of rustics?
And you who bear the name of Count, and were exalted high over your
fellow-citizens on purpose that you might attend to this very thing,
what sacrilegious negligence is this which you are manifesting in
reference to the sacred vesture? If you have any care for your own
safety come at once with the purple[212], which you have hitherto been
accustomed to render up every year. If not, if you think to mock us by
delay, we shall send you not a constrainer but an avenger.
'How easy was the discovery of this great branch of manufacture! A
dog, keen with hunger, bounding along the Tyrian shore, crunched the
shells which were cast up there. The purple gore dyed his jaws with a
marvellous colour; and the men who saw it, after the sudden fashion of
inventors, conceived the idea of making therewith a noble adornment
for their kings. What Tyre is for the East, Hydron[213] is for
Italy--the great cloth-factory of Courts, not keeping its old art
(merely), but ever transmitting new improvements.' |
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1 - 3 KING THEODORIC TO CASSIODORUS, VIR ILLUSTRIS AND PATRICIAN[214].
| Extols in high-flown language the merits of the minister who in the
early and troublous days of Theodoric's reign conciliated the wavering
affections of the suspicious Sicilians[215], governed them so justly
that not even they (addicted as they are, according to Cicero, to
grumbling) could complain; then displayed equal rectitude in the
government of his own native Province of Bruttii and Lucania (hard as
it is to be perfectly just in the government of one's own native
place); then administered the Praefecture in such a way as to earn the
thanks of all Italy, even the taxes not being felt to be burdensome
under his rule, because so justly levied; and now, finally, as a
reward for all these services, is raised to the distinguished honour
of the Patriciate.
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1 - 4 KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
| Compliments to the Senate, of which Theodoric wishes to increase the
dignity by bestowing honours on its most eminent members.
Recital of the services and good qualities of Cassiodorus[216]:
(_a_) as 'Comes Privatarum;'
(_b_) as 'Comes Sacrarum Largitionum;'
(_c_) as Governor of Provinces.
(General reflections on the importance of a governor being himself a
virtuous man).
'Having been trained thus to official life under the preceding King
[Odovacar] he came with well-earned praises to our palace.'
(_d_) His eminent career as Praetorian Praefect and modest demeanour
therein.
Services of previous members of his family. Fame seems to be always at
home among the Cassiodori. They are of noble birth, equally celebrated
among orators and warriors, healthy of body, and very tall.
His father, _Cassiodorus_[217], was 'Tribunus et Notarius' under
Valentinian III. This last was a great honour, for only men of
spotless life were associated with the Imperial 'Secretum.' A
friendship, founded on likeness, drew him to the side of Aetius, whose
labours for the State he shared.
_Embassy to Attila._ 'With the son of this Aetius, named Carpilio, he
was sent on no vain embassy to Attila, the mighty in arms. He looked
undaunted on the man before whom the Empire quailed. Calm in conscious
strength, he despised all those terrible wrathful faces that scowled
around him. He did not hesitate to meet the full force of the
invectives of the madman who fancied himself about to grasp the Empire
of the world. He found the King insolent; he left him pacified; and so
ably did he argue down all his slanderous pretexts for dispute that
though the Hun's interest was to quarrel with the richest Empire in
the world, he nevertheless condescended to seek its favour. The
firmness of the orator roused the fainting courage of his countrymen,
and men felt that Rome could not be pronounced defenceless while she
was armed with such ambassadors. Thus did he bring back the peace
which men had despaired of; and as earnestly as they had prayed for
his success, so thankfully did they welcome his return.'
He was offered honours and revenues, but preferred to seek the
pleasant retirement of Bruttii in the land which his exertions had
freed from the terror of the stranger.
His father, Cassiodorus[218], an 'Illustris,' defended the coasts of
Sicily and Bruttii from the Vandals, thus averting from those regions
the ruin which afterwards fell upon Rome from the same quarter.
In the East, Heliodorus, a cousin of the Cassiodori, has brilliantly
discharged the office of Praefect for eighteen years, as Theodoric
himself can testify. Thus the family, conspicuous both in the Eastern
and Western World, has two eyes with which it shines with equal
brilliancy in each Senate.
Cassiodorus is so wealthy that his herds of horses surpass those of
the King, to whom he makes presents of some of them in order to avoid
envy. 'Hence it arises that our present candidate [for patrician
honours] mounts the armies of the Goths; and having even improved upon
his education, generously administers the wealth which he received
from his parents.
'Now, Conscript Fathers, welcome and honour the new Patrician, who is
so well worthy of a high place among you.' |
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1 - 5 KING THEODORIC TO FLORIANUS, VIR SPECTABILIS.
'Lawsuits must not be dragged on for ever. There must be some
possibility of reaching a quiet haven. Wherefore, if the petitioners
have rightly informed us that the controversy as to the farm at
Mazenes has been decided in due course of law by Count Annas, and
there is no reasonable ground for appeal[219], let that sentence be
held final and irreversible. We must sometimes save a litigious man
from himself, as a good doctor will not allow a patient to take that
which is injurious to him.' |
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1 - 6 KING THEODORIC TO AGAPITUS, PRAEFECTUS URBIS.
| 'I am going to build a great Basilica of Hercules at Ravenna, for I
wish my age to match preceding ones in the beauty of its buildings,
as it does in the happiness of the lives of my subjects.
'Send me therefore skilful workers in Mosaic'
'Send us from your city some of your most skilful marble-workers, who
may join together those pieces which have been exquisitely divided,
and, connecting together their different veins of colour, may
admirably represent the natural appearance[220]. From Art proceeds
this gift, which conquers Nature. And thus the discoloured surface of
the marble is woven into the loveliest variety of pictures; the value
of the work, now as always, being increased by the minute labour which
has to be expended on the production of the Beautiful.' |
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1 - 7 KING THEODORIC TO FELIX, VIR CLARISSIMUS.
This letter will be best understood by a reference to the following
pedigree:
FELIX = A daughter. NEOTHERIUS PLUTIANUS
[a spendthrift]. [a minor, whose
guardian is
Venantius].
Apparently Felix is accused by Venantius, the guardian of his young
brother-in-law Plutianus, of having, on behalf of his wife, made an
unfair division of the family property (which had been originally
given to the father of these lads by Theodoric, as a reward for his
services). In doing this he has availed himself of the spendthrift
character of Neotherius, the elder brother, who was probably already
of age.
Felix is severely blamed, and ordered to hand over what he has
fraudulently appropriated to the official, who is charged with the
execution of this mandate.
Both are summoned to the 'Comitatus' of the King, that a fair division
may there be made between them. |
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1 - 8 KING THEODORIC TO AMABILIS, THE COLLECTOR (EXSECUTOR).
In reference to this same matter of the wasted property of Plutianus.
It appears from this letter that Neotherius has been not merely a
spendthrift, but has been actuated by motives of passionate hatred to
his younger brother[221]. The King enlarges on his obligation to
protect the weak, and orders the officer to see that justice is done
according to the representations of Venantius, unless the other side
have any counter plea to allege, in which case 'ad nostrum venire
deproperet comitatum.' |
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1 - 9 KING THEODORIC TO EUSTORGIUS, BISHOP OF MILAN.
| 'You will be glad to hear that we are satisfied that the Bishop of
Augusta [Turin or Aosta] has been falsely accused of betrayal of his
country. He is therefore to be restored to his previous rank. His
accusers, as they are themselves of the clerical order, are not
punished by us, but sent to your Holiness to be dealt with according
to the ecclesiastical tradition.'
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1 - 10 KING THEODORIC TO BOETIUS[223], VIR ILLUSTRIS AND PATRICIAN.
| The Horse and Foot Guards[224] seem to have complained that after
their severe labours they were not paid in solidi of full weight by
the 'Arcarius Praefectorum.'
Cassiodorus gives--
(1) Some sublime reflections in the true Cassiodorian vein on the
nature of Arithmetic, by which earth and the heavens are ruled.
(2) Some excellent practical remarks on the wickedness of clipping and
depreciating the currency.
The most interesting but most puzzling sentence in this letter is that
in which he says that 'the ancients wished that the _solidus_ should
consist of 6,000 _denarii_, in order that the golden coin like a
golden sun might represent the 6,000 years which are the appointed age
of the world.' But how can we reconcile this with any known solidus or
any known denarius? The solidus of Constantine (72 to the lb.) was
worth about twelve shillings. The reduced denarius of Diocletian was
probably worth one penny. At the very lowest (and most improbable)
computation it was worth at least a farthing, and even thus one would
only get 576 to a solidus. The earlier denarius, worth about
eightpence, clearly will not do; and the matter is made more difficult
by the fact that Cassiodorus is talking about the ancients (veteres),
whereas the solidus was a comparatively modern coin. It seems that
either Cassiodorus has some entirely wrong information as to the early
currency of Rome, or else that we have not yet got the clue to his
meaning. |
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1 - 11 KING THEODORIC TO SERVATUS, DUKE OF THE RAETIAS.
| 'It is your duty to repress all violence and injustice in the
Provinces over which you preside. Maniarius complains that his slaves
(mancipia) have been without any cause taken away from him by the
_Breones_ [a Raetian tribe dwelling near the pass of the Brenner], who
are continuing in peace the habits and maxims of war.
'If this proves to be a true complaint, see that justice is done, and
speedily.' |
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1 - 12 KING THEODORIC TO EUGENIUS (OR EUGENITES)[225], VIR ILLUSTRIS,
MAGISTER OFFICIORUM.
| 'It is the glory of our reign to confer office on those who deserve
it.
'You are a learned man, and arrived long ago at the dignity of the
Quaestorship as a reward for your creditable exertions as an Advocate.
'One office leads to another: the tree of the fasces puts forth fresh
fasces; and we therefore have great pleasure in calling you now to the
dignity of Magister, bestowing upon you all the privileges which have
belonged to your predecessors in that office. Justify our choice by
your actions. You know, as one of our counsellors, what our standard
of righteousness is. A sort of religious holiness is required from
those who hold office under a righteous king[226].' |
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1 - 13 KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
| Announces the elevation of Eugenius (or Eugenites) to the post of
Master of the Offices, and recapitulates his past services and
character in nearly the same terms as the preceding letter. He is to
go from one office to another, 'even as the sun having shone one day,
rises in order to shine again on another. Even horses are stimulated
to greater speed by the shouts of men. But man is an animal peculiarly
fond of approbation. Do you therefore stimulate the new Master to all
noble deeds.'
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1 - 14 KING THEODORIC TO FAUSTUS, PRAEPOSITUS.
'We have no objection to grant the petition of the inhabitants of
Cathalia (?), that their "Tertiae" shall be collected at the same time
as the ordinary tribute. What does it matter under what name the
"possessor" pays his contribution, so long as he pays it without
deduction? Thus they will get rid of the suspected name of "Tertiae,"
and our mildness will not be worried by their importunity.' |
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1 - 15 KING THEODORIC TO FESTUS, VIR ILLUSTRIS AND PATRICIAN.
'We are glad to see that our good opinion of you is shared by your
neighbours, and that the Patrician Agnellus, going to Africa on our
business, has chosen you to defend his interests in his absence. No
one can give a higher proof of confidence than this. Look well after
the trust committed to you. There seems to be a peculiar temptation to
neglect the interests of the absent.' |
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1 - 16 KING THEODORIC TO JULIANUS, COMES PATRIMONII [probably 508].
| 'It is an excellent investment to do a generous thing to our subjects.
The Apulian "Conductores" [farmers of the Royal domain] have
represented to us with tears that their crops have been burned by
hostile invaders [Byzantines?]. We therefore authorise you to deduct
at the next Indiction what shall seem the right proportion for these
losses from the amount due to us[227]. See, however, that our revenue
sustains no unnecessary loss. We are touched by the losses of the
suppliants, but we ought on the other hand to share their profits.'
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1 - 17 KING THEODORIC TO ALL THE GOTHIC AND ROMAN INHABITANTS OF DERTONA
(TORTONA).
| 'We have decided that the camp near you shall at once be fortified. It
is expedient to execute works of this kind in peace rather than in
war.
'The true meaning of _expeditio_ shows that the leader of a military
expedition should have an unencumbered mind.
'Do you therefore second our efforts by building good private houses,
in which you will be sheltered, while the enemy (whenever he comes)
will be in the worst possible quarters[228], and exposed to all the
severity of the weather.' |
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1 - 18 KING THEODORIC TO DOMITIANUS AND WILIAS.
'It is right that you, who are administering justice to the nations,
should learn and practise it yourselves. We therefore hasten to reply
to the question which you have asked [concerning the length of time
that is required to bestow a title by prescription]. If any Barbarian
usurper have taken possession of a Roman farm since the time when we,
through God's grace, crossed the streams of the Isonzo, when first the
Empire of Italy received us[229], and if he have no documents of title
[sine delegatoris cujusquam pyctacio] to show that he is the rightful
holder, then let him without delay restore the property to its former
owner. But if he shall be found to have entered upon the property
before the aforesaid time, since the principle of the thirty years'
prescription comes in, we order that the petition of the plaintiff
shall be dropped.
'The assailant, as well as the murderer, of his brother, is to be
driven forth from the kingdom, that the serenity of our Commonwealth
may not be troubled with any such dark spots.' |
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1 - 19 KING THEODORIC TO SATURNINUS AND VERBUSIUS, VIRI SUBLIMES.
'The _Fiscus_ is to have its rights, but we do not wish to oppress our
people. Let moderation be observed in all things.
'When you receive the petition of the Curiales of Adriana, if anyone
who is able to pay, stubbornly and impudently refuses to contribute to
the _Fiscus Gothorum_, you are to compel him to do so. But let off the
really poor man who is unable to contribute.' |
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1 - 20 KING THEODORIC TO ALBINUS AND ALBIENUS, VIRI ILLUSTRES AND
PATRICIANS.
'Notwithstanding our greater cares for the Republic, we are willing to
provide also for the amusement of our subjects. For it is the
strongest possible proof of the success of our labours that the
multitude knows itself to be again at leisure[230].
'The petition of the Green party in the circus informs us that they
are oppressed, and that the factions of the circus are fatal to public
tranquillity. We therefore order you to assume the patronage of the
Green party, which our father of glorious memory paid for[231]. So
let the spectators be assembled, and let them choose between Helladius
and Theodorus which is fittest to be Pantomimist of the Greens, whose
salary we will pay.' |
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1 - 21 KING THEODORIC TO MAXIMIAN, VIR ILLUSTRIS; AND ANDREAS, VIR
SPECTABILIS.
| 'If the people of Rome will beautify their City we will help them.
'Institute a strict audit (of which no one need be ashamed) of the
money given by us to the different workmen for the beautification of
the City. See that we are receiving money's worth for the money spent.
If there is embezzlement anywhere, cause the funds so embezzled to be
disgorged. We expect the Romans to help from their own resources in
this patriotic work, and certainly not to intercept our contributions
for the purpose.
'The wandering birds love their own nests; the beasts haste to their
own lodgings in the brake; the voluptuous fish, roaming the fields of
ocean, returns to its own well-known cavern. How much more should Rome
be loved by her children!' |
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1 - 22 KING THEODORIC TO MARCELLUS, VIR SPECTABILIS, ADVOCATUS FISCI.
After some rather vapid praise of the eloquence and good qualities of
Marcellus, Theodoric promotes him from the rank of a Private Advocate
to that of an _Advocatus Fisci_, and gives him some excellent counsels
about not pressing the claims of the Crown too far. 'We shall not
enquire how many causes you have gained, but how you have gained them.
Let there sometimes be a bad cause for the Fiscus, that the Sovereign
may be seen to be good.' |
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1 - 23 KING THEODORIC TO COELIANUS AND AGAPITUS, VIRI ILLUSTRES AND
PATRICIANS.
| 'The concord and harmony of subjects redound to the praise of their
prince.
'We desire that Festus and Symmachus (Patricians and Magnifici) should
prosecute the causes for action which they say they have against
Paulinus (Illustris and Patrician) in your Court. Let Paulinus bring
before you any counter-claim which he may assert himself to possess.
Let justice be rendered speedily. Show yourselves worthy of this high
trust. It is a matter of great moment to end lawsuits between men of
such eminence in the State as these.' |
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1 - 24 KING THEODORIC TO ALL THE GOTHS.
| 'To the Goths a hint of war rather than persuasion to the strife is
needed, since a warlike race such as ours delights to prove its
courage. In truth, he shuns no labour who hungers for the renown of
valour. Therefore with the help of God, whose blessing alone brings
prosperity, we design to send our army to the Gauls for the common
benefit of all, that you may have an opportunity of promotion, and we
the power of testing your merits; for in time of peace the courage
which we admire lies hidden, and when men have no chance of showing
what is in them, their relative merits are concealed. We have
therefore given our Sajo[232], Nandius, instructions to warn you that,
on the eighth day before the kalends of next July, you move forward to
the campaign in the name of God, sufficiently equipped, according to
your old custom, with horses, arms, and every requisite for war. Thus
will ye at the same time show that the old valour of your sires yet
dwells in your hearts, and also successfully perform your King's
command. Bring forth your young men for the discipline of Mars. Let
them see you do deeds which they may love to tell of to their
children. For an art not learned in youth is an art missing in our
riper years. The very hawk, whose food is plunder, thrusts her still
weak and tender young ones out of the nest, that they may not become
accustomed to soft repose. She strikes the lingerers with her wings;
she forces her callow young to fly, that they may prove to be such in
the future as her maternal fondness can be proud of. Do you therefore,
lofty by nature, and stimulated yet more by the love of fame, study to
leave such sons behind you as your fathers have left in leaving you.'
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1 - 25 KING THEODORIC TO SABINIANUS, VIR SPECTABILIS.
| 'It is important to preserve as well as to create. We are earnestly
anxious to keep the walls of Rome in good repair, and have therefore
ordered the Lucrine port[233] to furnish 25,000 tiles annually for
this purpose. See that this is done, that the cavities which have been
formed by the fall of stones may be roofed over with tiles, and so
preserved, and that thus we may deserve the thanks of ancient kings,
to whose works we have given immortal youth.'
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1 - 26 KING THEODORIC TO FAUSTUS, PRAEPOSITUS.
| In the time of Cassiodorus the Patrician (a man of tried integrity and
pure fidelity[234]), a grant of freedom from taxation[235] was made to
the Church of Vercelli. Since that time other property has been
conveyed to the same Church, apparently by a soldier. An attempt is
made to represent this after-acquired property as also tax-free. 'No,'
says the King. 'It would be very wrong in us to recall our gift; but
it is equally wrong in you to try to stretch it to something which it
never included. Private persons must not make grants to the injury of
our treasury. Tribute belongs to the purple, not to the military
cloak[236]. Your newly acquired possessions must pay taxes along with
those of other owners.'
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1 - 27 KING THEODORIC TO SPECIOSUS.
'If we are moderating under our laws the character of foreign nations,
if the Roman law is supreme over all that is in alliance with Italy,
how much more doth it become the Senate of the seat of civilisation
itself to have a surpassing reverence for law, that by the example of
their moderation the beauty of their dignities may shine forth more
eminently. For where shall we look for moderation, if violence stains
Patricians? The Green party complain that they have been truculently
assaulted by the Patrician Theodoric and the "Illustris and Consul
Importunus," and that one life has been lost in the fray. We wish the
matter to be at once brought before the Illustres Coelianus and
Agapitus and examined into by them[237].
'As to their counter-complaints of rudeness against the mob, you must
distinguish between deliberate insolence and the licence of the
theatre. Who expects seriousness of character at the spectacles? It is
not exactly a congregation of Catos that comes together at the circus.
The place excuses some excesses. And besides, it is the _beaten_ party
which vents its rage in insulting cries. Do not let the Patricians
complain of clamour that is really the result of a victory for their
own side, which they greatly desired.' |
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1 - 28 KING THEODORIC TO ALL THE GOTHS AND ROMANS.
| 'Most worthy of Royal attention is the rebuilding of ancient cities,
an adornment in time of peace, a precaution for time of war.
'Therefore, if anyone have in his fields stones suitable for the
building of the walls, let him cheerfully and promptly produce them.
Even though he should be paid at a low rate, he will have his reward
as a member of the community, which will benefit thereby.' |
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1 - 29 KING THEODORIC TO ALL THE LUCRISTANI (LUSTRIANI?) ON THE RIVER
SONTIUS (ISONZO).
| 'The post (_Cursus Publicus_) is evidently an institution of great
public utility, tending to the rapid promulgation of our decrees.
'Care must therefore be taken that the horses are not allowed to get
out of condition, lest they break down under their work, and lest the
journey, which should be rapid, become tediously slow.
'Also any lands formerly appropriated to the _mutationes_ [places for
changing horses] which have fallen into private hands must be
reclaimed for the public service, the owners being sufficiently
indemnified for their loss.' |
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1 - 30 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: On the injury to public peace arising from the Circus
rivalries.
| The Senators are exhorted not to allow their menials to embroil
themselves with the populace, and thus bring their good name into
disgrace. Any slave accused of the murder of a free-born citizen is to
be at once given up, under penalty of a fine of 10 lbs. of gold
(£400), and the King's severe displeasure for the master who disobeys
this command.
'And do not you, oh Senators, be too severe in marking every idle word
which the mob may utter amidst the general rejoicing. If there is any
insult which requires notice, bring it before the "Praefectus
Urbis"--a far better and safer course than taking the law into your
own hands.' |
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1 - 31 KING THEODORIC TO THE ROMAN PEOPLE.
| Gives similar good advice to that contained in the previous letter to
the Senate.
'The Circus, in which the King spends so much money, is meant to be
for public delight, not for stirring up wrath. Instead of uttering
howls and insults like other nations [the populace of Byzantium?],
whom they have despised for doing so, let them tune their voices, so
that their applause shall sound like the notes of some vast organ,
and even the brute creation delight to hear it.
'Anyone uttering outrageous reproaches against any Senator will be
dealt with by the Praefectus Urbis.' |
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1 - 32 KING THEODORIC TO AGAPITUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.
| 'The ruler of the city ought to keep the peace, and justify my choice
of him. Your highest praise is a quiet people.
'We have issued our "oracles" to the "amplissimus ordo" (Senate) and
to the people, that the custom of insulting persons in the Circus is
to be put under some restraint; on the other hand, any Senator who
shall be provoked to kill a free-born person shall pay a fine. The
games are meant to make people happy, not to stir them up to deadly
rage. Helladius[238] is to come forth into the midst and afford the
people pleasure [as a pantomimist], and he is to receive his monthly
allowance (menstruum) with the other actors of the Green Faction. His
partisans are to be allowed to sit where they please.' |
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1 - 33 KING THEODORIC TO AGAPITUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.
| 'Our Serenity is not going to change the arrangements which we have
once made for the public good. We told Albinus and Albienus[239] to
choose the most fitting person they could find as Pantomimist of the
Greens. They have done so [choosing probably Helladius]. He shall have
his monthly allowance, and let there be peace.'
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1 - 34 KING THEODORIC TO FAUSTUS, PRAEPOSITUS.
'It should be only the surplus of the crops of any Province, beyond
what is needed for the supply of its own wants, that should be
exported. Station persons in the harbours to see that foreign ships do
not take away produce to foreign shores until the Public
Providers[240] have got all that they require.' |
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1 - 35 KING THEODORIC TO FAUSTUS, PRAEPOSITUS.
| 'This extraordinarily dry season having ruined the hopes of our
harvest, it is more than ever necessary that the produce should be
brought forward promptly. We are therefore exceedingly annoyed at
finding that the crops which are generally sent forward by your
Chancellor from the coasts of Calabria and Apulia in summer have not
yet arrived, though it is near autumn and the time is at hand when the
sun, entering the southern signs (which are all named from showers),
will send us storm and tempest.
'What are you waiting for? Why are your ships not spreading their
sails to the breeze? With a favourable wind and with bending oarsmen,
are you perhaps delayed by the _echeneis_ (Remora, or sucking-fish)?
or by the shell-fish of the Indian Ocean? or by the torpedo, whose
touch paralyses the hand? No; the echeneis in this case is entangling
venality; the bites of the shell-fish, insatiable avarice; the
torpedo, fraudulent pretence.
'The merchants are making delays in order that they may seem to have
fallen on adverse weather.
'Let your Magnitude put all this to rights promptly, otherwise our
famine will be imputed, not to bad seasons, but to negligence[241].' |
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1 - 36 KING THEODORIC TO THERIOLUS, VIR SPECTABILIS.
| 'We wish you to take the place of the late Benedictus in the city of
Pedon.
'As we never forget the services of the dead, we wish you to undertake
officially the guardianship of the sons of the said Benedictus.
'We always pay back to our faithful servants more than we have
received from them, and thus we do not go on the principle "equality
is equity," because we think it just to make them _more_ than an equal
recompence.' |
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1 - 37 KING THEODORIC TO CRISPIANUS.
| 'Murder is abominable, but it is right to take into account the
circumstances which may have provoked to homicide. If the slain man
was trying to violate the rights of wedlock, his blood be on his own
head. For even brute beasts vindicate their conjugal rights by force:
how much more man, who is so deeply dishonoured by the adulterer!
'Therefore, if it be true that the man whom you slew had wronged you
as a husband, we do not agree to the punishment of exile which has
been inflicted upon you. Nor will we uphold the action of the
_Vicarius_ or of his _Officium_, who, as you say, have impounded the
money paid by your _fidei-jussor_ (guarantor) Agnellus. Also, we will
protect you against the hostile assaults of Candax [next of kin to the
murdered man?] in future. But your allegation as to the provocation
must be fully established by legal process.' |
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1 - 38 KING THEODORIC TO BAION, A SENATOR[242].
| 'We are told that you are keeping in your own hands the administration
of the property of your young nephew [or grandson] Hilarius against
his will, and not for his good, but yours. Restore it at once. Let him
dispose of it as he likes. He seems to be quite able to enter upon the
lordship of his own. The eagle feeds her callow young with food which
she has procured for them, till their wings grow. Then, when their
flight is strong and their nails sharp, she trains them to strike
their own prey. So with our young Goths: when they are fit for
soldiership we cannot bear that they should be deemed incapable of
managing their own concerns. "To the Goths valour makes full age. And
he who is strong enough to stab his enemy to the heart should be
allowed to vindicate himself from every accusation of incapacity."'
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1 - 39 KING THEODORIC TO FESTUS, VIR ILLUSTRIS AND PATRICIAN.
| 'We are always delighted to grant just requests.
'Filagrius (Vir Spectabilis), who has been long absent from his home
on our business, seeks to return to Syracuse, but at the same time
asks that his brother's sons may be kept for their education's sake at
Rome. Do you attend to this petition, and do not let the lads go till
we send you a second order to that effect. No one ought to murmur at
being detained in Rome, which is everyone's country, the fruitful
mother of eloquence, the wide temple of all virtues. Ulysses would
very likely never have become famous if he had lingered on at home;
but Homer's noble poem most chiefly proclaims his wisdom in this fact,
that he roamed among many cities and nations.' |
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1 - 40 KING THEODORIC TO ASSUIN (OR ASSIUS), VIR ILLUSTRIS AND COMES.
| 'War needs rehearsal and preparation. Therefore let your Illustrious
Sublimity provide the inhabitants of Salona with arms, and let them
practise themselves in the use of them; for the surest safeguard of
the Republic is an armed defender.'
The necessity of drill and practice is shown by the early combats of
bullocks, the play-huntings of puppies, the necessity of first
kindling a fire with very little sticks, and so forth. |
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1 - 41 KING THEODORIC TO AGAPITUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.
| 'The dignity of the Senate makes it necessary to be unusually careful
who is admitted into that body. Let other orders receive middling men:
the Senate must receive none but those who are of proved excellence.
'Therefore let your Illustrious Magnificence cause those enquiries to
be made concerning Faustus, the grown-up son of the Illustrious
Faustus, which the Senate hath ordered to be made concerning all
persons who are to be enrolled in its council[243]. In thus confirming
and ratifying the proceedings of the Senate we are in no degree
trenching on the accustomed authority of that sacred order.' |
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1 - 42 KING THEODORIC TO ARTEMIDORUS, VIR ILLUSTRIS AND PATRICIAN [509 OR 524].
| 'We are especially bound to reward merit. Everyone who does us a
service makes a very good investment. You have long had what was
formerly considered more precious than great dignity--near access to
our person. Much as we loved you, we somewhat retarded your advance in
order that you might be the more richly adorned with all virtues when
you came to honour. Your birthplace, your lineage, your merit, all
declare you worthy of the promotion which we now bestow upon you,
declaring you for this third Indiction[244] _Praefectus Urbis_. You
will thus have the function of presiding over the Senate, a far higher
office than that of ruling the Palace or arranging private houses. The
value of the object committed to a person's care increases the dignity
of the post. It is much more honourable to be caretaker of a diadem
than of a wine-cellar. Judge of our esteem for you by the preciousness
of the body over which we are thus calling you to preside.'
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1 - 43 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: Announcing the elevation of Artemidorus to the post of Praefectus
Urbis.
| 'Artemidorus, though entitled from his relationship to the Emperor
Zeno to expect great promotion at the Court of Constantinople, has
preferred to share the fortunes and attach himself to the person of
Theodoric, who has often been refreshed after the cares of State by an
hour of his charming converse. Though he might have aspired to the
highest dignities of the Court, he has hitherto been satisfied with
the comparatively humble post of Superintendent of the Public
Spectacles [as Tribunus Voluptatum?]. Now, as Praefectus Urbis, he is
to preside over and become a member of your body. Welcome him.'
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1 - 44 KING THEODORIC TO THE PEOPLE OF ROME: same subject
| Rebukes the commonalty sharply for their recent disturbances, which
defile with illicit seditions the blessings of peace, earned under
God's blessing by their Prince. The newly-appointed Praefectus
Urbanus, Artemidorus, long devoted to the service of Theodoric, will
attest the innocence of the good, and sharply punish the errors of the
bad, both by his own inherent prerogative and by a special commission
entrusted to him for that purpose by the King.
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1 - 45 KING THEODORIC TO BOETIUS, VIR ILLUSTRIS AND PATRICIAN.
| 'It is important to oblige our royal neighbours even in trifles, for
none can tell what great matters may be aided thereby. Often what arms
cannot obtain the offices of kindness bring to pass. Thus let even our
unbending be for the benefit of the Republic. For our object in
seeking pleasure is that we may thereby discharge the serious duties
of life.
'The Lord of the Burgundians has earnestly requested that we would
send him a clock which is regulated by water flowing under a modulus,
and one which is marked by embracing the illumination of the immense
sun[245].'
[Footnote 245: An unintelligible translation doubtless, but is the
original clearer? 'Burgundionum dominus a nobis magnopere postulavit
ut horologium quod aquis sub modulo fluentibus temperatur et quod
solis immensi comprehensa illuminatione distinguitur ... ei
transmittere deberemus.' It is pretty clear that the first request of
the Burgundian King was for a clepsydra of some kind. The second must
be for some kind of sundial, but the description is very obscure.]
[I transcribe, and do not attempt to translate, the further
description of the two machines, the order of which is now changed.]
'_Primum_ sit, ubi stylus diei index, per umbram exiguam horas
consuevit ostendere. Radius itaque immobilis, et parvus, peragens quod
tam miranda magnitudo solis discurrit, et fugam solis aequiparat quod
modum semper ignorat. [This must be the sundial.] Inviderent talibus,
si astra sentirent: et meatum suum fortasse deflecterent, ne tali
ludibrio subjacerent. Ubi est illud horarum de lumine venientium
singulare miraculum, si has et umbra demonstrat? Ubi praedicabilis
indefecta roratio, si hoc et metalla peragunt, quae situ perpetuo
continentur? O artis inaestimabilis virtus quae dum se dicit ludere,
naturae praevalet secreta vulgare.
'_Secundum_ sit [the clepsydra] ubi praeter solis radios hora
dignoscitur, noctes in partes dividens: quod ut nihil deberet astris,
rationem coeli ad aquarum potius fluenta convertit, quorum motibus
ostendit, quod coelum volvitur; et audaci praesumptione concepta, ars
elementis confert quod originis conditio denegavit.'
'It will be a great gain to us that the Burgundians should daily look
upon something sent by us which will appear to them little short of
miraculous. Exert yourself therefore, oh Boetius, to get this thing
put in hand. You have thoroughly imbued yourself with Greek
philosophy[246]. You have translated Pythagoras the musician, Ptolemy
the astronomer, Nicomachus the arithmetician, Euclid the geometer,
Plato the theologian, Aristotle the logician, and have given back the
mechanician Archimedes to his own Sicilian countrymen (who now speak
Latin). You know the whole science of Mathematics, and the marvels
wrought thereby. A machine [perhaps something like a modern orrery]
has been made to exhibit the courses of the planets and the causes of
eclipses. What a wonderful art is Mechanics! The mechanician, if we
may say so, is almost Nature's comrade, opening her secrets, changing
her manifestations, sporting with miracles, feigning so beautifully,
that what we know to be an illusion is accepted by us as truth.' |
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1 - 46 KING THEODORIC TO GUNDIBAD [SIC], KING OF THE BURGUNDIANS.
| Sends the two clocks, or rather perhaps the celestial globe and the
water-clock.
'Have therefore in your country what you have often seen in Rome. It
is right that we should send you presents, because you are connected
with us by affinity. It is said that under you "Burgundia" looks into
the most subtle things, and praises the discoveries of the ancients.
Through you she lays aside her "Gentile" (barbarous) nature, and
imitating the prudence of her King, rightly desires to possess the
inventions of sages. Let her arrange her daily actions by the
movements of God's great lights; let her nicely adjust the moments of
each hour. In mere confusion passes the order of life when this
accurate division of time is unknown. Men are like the beasts, if they
only know the passage of the hours by the pangs of hunger, and have no
greater certainty as to the flight of time than such as is afforded
them by their bellies. For certainty is undoubtedly meant to be
entwined in human actions.' |
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2 In Name of Theodoric.
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2 - 1 KING THEODORIC TO ANASTASIUS, MOST PIOUS EMPEROR. A.D. 511.
| 'By excellent ordinance of the ancients the year is named from the
Consul. Let the happy year take its title from our new Consul, _Felix_
[Consul with Secundinus, A.D. 511[247]].
'It is most suitable that Rome should gather back her children to her
bosom, and in her venerable Senate should enrol a son of Gaul.
'Felix showed his excellent disposition first in this, that while
still a young man he hastened to "the native land of all the virtues"
[Rome]. Success followed his choice; we promoted him as he deserved.
While still a young man, deprived of his father's care, he showed the
rare gift of continence; he subdued avarice, the enemy of wisdom; he
despised the blandishments of vice; he trampled under foot the
vanities of pride.
'We have now determined to reward him with the Consulship. Do you who
can with indiscriminate pleasure rejoice in both the blessings of the
Republic [in the Consuls of the East and West] join your favouring
vote. He who is worthy of so high an office as the Consulship may
well be chosen by the judgment of both' [Emperor and King]. |
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2 - 2KING THEODORIC TO FELIX, VIR ILLUSTRIS, CONSUL ORDINARIUS, A.D. 511
(4TH OF THE INDICTION).
An address on his elevation to the Consulship, touching on nearly the
same topics as the preceding.
Theodoric delights in bestowing larger favours on those whom he has
once honoured [a favourite topic with Cassiodorus].
Felix has come back from Gaul to the old fatherland[248]. Thus the
Consulship has returned to a Transalpine family, and green laurels are
seen on a brown stock.
Felix has shown an early maturity of character. He has made a wise use
of his father's wealth. The honour which other men often acquire by
prodigality he has acquired by saving. Cassiodorus evidently has a
little fear that the new Consul may carry his parsimony too far, and
tells him that this office of the Consulship is one in which
liberality, almost extravagance, earns praise[249]; in which it is a
kind of virtue not to love one's own possessions; and in which one
gains in good opinion all that one loses in wealth.
'See the sacred City all white with your _vota_ (?). See yourself
borne upon the shoulders of all, and your name flitting through their
mouths, and manifest yourself such that you may be deemed worthy of
your race, worthy of the City, worthy of our choice, worthy of the
Consular _trabea_.' |
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2 - 3 KING THEODORIC TO THE SENATE. A.D. 511.
Recommends Felix for the Consulship, going over again the topics
mentioned in the two last letters. It appears that it was the father
of Felix who emerged, after a temporary eclipse of the family
fortunes, and then showed himself 'the Cato of our times, abstaining
from vice himself, and forming the characters of others; imbued also
with all Greek philosophy, he glutted himself with the honey of the
Cecropian doctrine.'
Mention is made of the Consulship of an earlier Felix, A.D. 428, the
happy renown of which still lingered in the memories of men.
The young Felix is praised for the qualities described in the two
previous letters, and also for his power of conciliating the
friendship of older men, especially the excellent Patrician Paulinus. |
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2 - 4 KING THEODORIC TO ECDICIUS (OR BENEDICTUS), VIR HONESTUS.
'We wish always to observe long-established rules in fiscal matters,
the best guarantee against extortion. Therefore, whatever dues in the
way of _Siliquaticum_ appertained to Antiochus are now transferred to
you by the present authority, and the Sajo is charged to support your
claims herein; only the contention must not be mixed up with any
private matters of your own.' |
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2 - 5 KING THEODORIC TO FAUSTUS, PRAEPOSITUS.
'We are always generous, and sometimes out of clemency we bestow our
gifts on persons who have no claim upon us. How much more fitting is
it then that the servants of the State should receive our gifts
promptly! Wherefore, pray let your Magnificence see to it that the
sixty soldiers who are keeping guard in the fastnesses of Aosta
receive their _annonae_ without delay. Think what a life of hardship
the soldier leads in those frontier forts for the general peace, thus,
as at the gate of the Province, shutting out the entry of the
barbarous nations. He must be ever on the alert who seeks to keep out
the Barbarians. For fear alone checks these men, whom honour will not
keep back.' |
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2 - 6 KING THEODORIC TO AGAPITUS, ILLUSTRIS AND PATRICIAN.
'We have decided to send you on an embassy to the East
(Constantinople). Every embassy requires a prudent man, but here there
is need of especial prudence, because you will have to dispute against
the most subtle persons--artificers of words, who think they can
foresee every possible answer to their arguments. Do your best
therefore to justify the opinion which I formed of you before full
trial of your powers.' |
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2 - 7 KING THEODORIC TO SURA (OR SUNA), ILLUSTRIS AND COMES.
| 'Let nothing lie useless which may redound to the beauty of the City.
Let your Illustrious Magnificence therefore cause the blocks of marble
which are everywhere lying about in ruins to be wrought up into the
walls by the hands of the workmen whom I send herewith. Only take care
to use only those stones which have really fallen from public
buildings, as we do not wish to appropriate private property, even for
the glorification of the City.'
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2 - 8 KING THEODORIC TO BISHOP SEVERUS, VIR VENERABILIS.
| 'None is more suitable than a member of the Priesthood to perform acts
of justice towards his flock.
'We therefore send your Holiness, by Montanarius, 1,500 solidi (£900),
for distribution among the Provincials, according to the amount of
damage which each one has sustained this year by the passage of our
army. See that the distribution is made systematically--not at
random--so that it may reach the right persons.' |
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2 - 9 KING THEODORIC TO FAUSTUS, PRAEPOSITUS.
| [Sidenote: Allowance to a retired charioteer.]
'We always enjoy being generous. Compassion is the one virtue to which
all other virtues may honourably give way. Long ago we made the
charioteer Sabinus a monthly allowance of a solidus [twelve
shillings]. Now, as we learn from Histrius [or Historius] that this
former servant of the public pleasures is afflicted with the most
melancholy poverty, we have pleasure in adding _another_ solidus to
his monthly allowance. We are never so well pleased as when the
accounts of our expenditure show these items of charitable
disbursement.' |
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2 - 10 KING THEODORIC TO SPECIOSUS, VIR DEVOTUS, COMITIACUS [OFFICER OF
THE COURT].
| 'The laws guarding the sanctity of the marriage bed[250] must be
carefully upheld.
'Agapita[251] has explained to us that she was tempted away from her
husband by seducers, who promised to procure his death. From the time
of her leaving his company let all revenues which came to her under
the marriage contract (invalidated by her unfaithfulness) be given up
by her wrongful detainers[252] without any delay. It is too absurd
that men who ought to be severely punished for their wrong-doing
should even seek to make a profit out of it.' |
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2 - 11 KING THEODORIC TO PROVINUS (PROBINUS?), ILLUSTRIS AND PATRICIAN.
| [Refers to the same business of Agapita, who seems to have been a
woman of feeble intellect as well as an unfaithful wife.] The petition
of her husband Basilius (vir Spectabilis) sets forth that, influenced
by seducers, and from the levity so natural to woman, she for no good
reason quitted her own home. Her own petition confirms this; and she
states that, while taking refuge within the precincts of the Church,
she by deed of gift bestowed on Provinus the 'Casa Areciretina,' a
most preposterous gift from a poor woman to a rich man; from one whose
reputation was gone to a chaste man; from a half-crazy creature to one
who knew fully what he was about. This gift Agapita [and Basilius] now
seek to annul. Provinus is exhorted at once to throw up a possession
which cannot possibly bring him any credit, and the loss of which has
brought the poor woman to destitution. Alienation of property should
be the act of a person having 'solidum judicium,' which this poor
creature evidently had not, or she would not have left her husband
causelessly.
'This is the second time of writing. Let there be no further delay in
complying.' |
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2 - 12 KING THEODORIC TO THE COUNT OF THE SILIQUATARII (CUSTOMS
OFFICERS), AND TO HIM WHO HAS THE CARE OF THE HARBOUR (OF PORTUS?).
| 'Italy ought to enjoy her own products, and it is monstrous that
anything which she produces should be wanting to her own children.
'Therefore let no lard be exported to foreign parts, but let it by
God's grace be all kept for consumption at home.
'Now take care not to incur the slightest blame in this matter. It is
a very serious fault even in trifles to disobey orders. Sin consists
in quality, not in quantity; and injustice cannot be measured. A
command, if it be despised in one part, is violated in the whole.' |
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2 - 13 KING THEODORIC TO THE SAJO[253] FRUINARITH.
| 'We are always especially touched by the prayers of petitioners who
complain that they are forced to pay unjustly. Ulpianus in his
lamentable petition informs us that on the request of Venantius he
bound himself as a guarantor (fidei jussionis vinculo) to pay over to
the public Treasury at the time of his administration 400 solidi
(£240). With the presumption of a truculent rustic Venantius despised
his own promise, and Ulpianus has therefore been burdened with payment
of the money. We therefore order that Venantius, who has been accused
of many other crimes besides this, shall be summoned before you, and
if found to be legally liable, shall be at once, and sharply,
compelled to fulfil his promise.'
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2 - 14 KING THEODORIC TO SYMMACHUS, PATRICIAN.
'Parricide is the most terrible and unnatural of crimes. Even the cubs
of wild beasts follow their sires; the offshoot of the vine serves the
parent stem: shall man war against him who gave him being? It is for
our little ones that we lay up wealth. Shall we not earn the love of
those for whom we would willingly incur death itself? The young stork,
that harbinger of spring, gives a signal example of filial piety,
warming and feeding its aged parents in the moulting season till they
have recovered their strength, and thus repaying the good offices
received in its earlier years. So too, when the partridge, which is
wont to hatch the young of other birds, takes her adopted brood forth
into the fields, if these hear the cry of their genuine mother they
run to her, leaving the partridge forsaken.
'Wherefore, if Romulus[254] have fouled the Roman name by laying
violent hands on his father Martinus, we look to your justice (we
chose you because we knew you would not spare the cruel) to inflict on
him legitimate revenge.' |
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2 - 15 KING THEODORIC TO VENANTIUS, VIR ILLUSTRIS.
| 'We always like to promote to office the sons of distinguished
fathers. We therefore bestow on you the honour of Comes Domesticorum
(Comitiva Vacans), in memory of your glorious father. He held at the
same time the Praefecture [of Italy] and the command of the army, so
that neither the Provinces lacked his ordering, nor did his wise care
for the army fail. All was mastered by his skilled and indefatigable
prudence; he inclined the manners of the Barbarians to peace, and
governed so that all were satisfied with our rule.
'You are a zealous student of literature, illustrious by birth and
eloquent by education. Go on as you have begun, and show yourself
worthy of our choice.' |
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2 - 16 KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
| This letter adds a little to the information contained in the
preceding one, as to the career of Liberius, father of Venantius.
Liberius was a faithful servant of Odovacar, who adhered to his master
to the last. 'He awaited incorruptly the Divine judgments, nor did he
allow himself to seek a new King till he had first lost his old one.
On the overthrow of his lord he was bowed by no terror; he bore
unmoved the ruin of his Prince; nor did the revolution, at which even
the proud hearts of the Barbarians trembled[255], avail to move him
from his calm.
'Prudently did he follow the common fortunes, in order that while
fixedly bearing the Divine judgments he might with the more
approbation find the Divine favour. We approved the faith of the man;
he came over in sadness to our allegiance as one who being overcome
changes his mind, not like one who has contrived [treacherously] that
he should be conquered. We made him Praefectus Praetorio. He
administered the finances admirably. By his economical management we
felt the increased returns, while you knew nothing of added tributes.
'We especially like to remember how in the assignment of the [Gothic]
Thirds (in Tertiarum deputatione) he joined both the possessions and
the hearts of Goths and Romans alike. For whereas men are wont to come
into collision on account of their being neighbours, with these men
the common holding of their farms proved in practice a reason for
concord. Thus it has happened that while the two nations have been
living in common they have concurred in the same desires. Lo! a new
fact, and one wholly laudable. The friendship of the lords has been
joined with the division of the soil; amity has grown out of the loss
of the Provincials, and by the land a defender has been gained whose
occupation of part guarantees the quiet enjoyment of the whole. One
law includes them: one equal administration rules them: for it is
necessary that sweet affection should grow between those who always
keep the boundaries which have been allotted them.
'All this the Roman Republic owes to Liberius, who to two such
illustrious nations has imparted sentiments of mutual affection. See
to it, Conscript Fathers, that his offspring does not go unrewarded.' |
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2 - 17 TO THE POSSESSORS, DEFENSORS, AND CURIALS[256] OF THE CITY OF
TRIDENTUM (TRIENT).
| 'We do not wish to be generous at the expense of others, and we
therefore declare that the _Sors_ which in our generosity we have
bestowed on Butilianus the Presbyter, is not to be reckoned in to the
tax calculations; but as many solidi as are comprehended in that gift,
so many are you to be relieved from, in the contribution of
"Tertiae."'
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2 - 18 KING THEODORIC TO BISHOP GUDILA.
| An interesting but rather obscure letter on the condition of
_Curiales_.
Apparently some ecclesiastics were claiming as slaves some men whom
the Curia of Sarsena (?) asserted to be fellow-curials of their own,
whom they therefore wanted to assist them in performing curial
obligations.
Cassiodorus argues that as the 'Sors nascendi' prevented the Curialis
from rising to the higher honours of the State, it certainly ought
also to prevent him from sinking into slavery[257]. 'Therefore we
advise you to look well to your facts, and see whether these men are
not justly claimed as Curials, in which case the Church should give
them up before the matter comes to trial. It does not look well for
the Bishop, who should be known as a lover of justice, to be publicly
vanquished in a suit of this kind.' |
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2 - 19 KING THEODORIC TO ALL THE GOTHS AND ROMANS, AND THOSE WHO KEEP THE
HARBOURS AND MOUNTAIN-FORTRESSES (CLUSURAS).
'We hate all crime, but domestic bloodshed and treachery most of all.
Therefore we command you to act with the utmost severity of the law
against the servants of Stephanus, who have killed their master and
left him unburied. They might have learned pity even from birds. Even
the vulture, who lives on the corpses of other creatures, protects
little birds from the attacks of the hawk. Yet men are found cruel
enough to slay him who has fed them. To the gallows with them! Let
_him_ become the food of the pious vulture, who has cruelly contrived
the death of his provider. That is the fitting sepulchre for the man
who has left his lord unburied.' |
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2 - 20 KING THEODORIC TO THE SAJO UNIGILIS (OR WILIGIS).
| 'Let any provision-ships [_sulcatoriæ?_] which may be now lying at
Ravenna be ordered round to Liguria (which in ordinary times supplies
the needs of Ravenna herself).
'Our presence and that of our Court (Comitatus) attracts many
spectators and petitioners to those parts, for whose maintenance an
extra effort must be made.' |
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2 - 21 KING THEODORIC TO JOANNES THE APPARITOR.
| 'The King has conceded to the Spectabiles Spes and Domitius a certain
tract of land which was laid waste by wide and muddy streams, and
which neither showed a pure expanse of water nor had preserved the
comeliness of solid earth, for them to reclaim and cultivate.
'The petition of the _Actores_ of Spes sets forth that the operation
is put in jeopardy by the ill-timed parsimony of Domitius, which
throws back the labourers to the point from which they set out at
first[258]. Therefore let Domitius be stirred up to finish his part of
the work, or if he thinks that too expensive, let him throw up his
share of the concession and allow his partner to work it out.' |
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2 - 22 KING THEODORIC TO FESTUS, VIR ILLUSTRIS AND PATRICIAN.
| 'The sons of Ecdicius, whom at first we had ordered to reside in the
city, are to be allowed to return to their own country in order to
bury their father. That grief is insatiable which feels that it has
been debarred from rendering the last offices to the dead. Think at
what risk of his life Priam implored the raging Achilles to give him
back the body of his son.'
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2 - 23 KING THEODORIC TO AMPELIUS, DESPOTIUS, AND THEODULUS, SENATORS.
| 'It befits the discipline of our time that those who are serving the
public interests shall not be loaded with superfluous burdens. Labour
therefore diligently at the potteries (figulinae) which our Royal
authority has conceded to you. Protection is hereby promised against
the wiles of wicked men.'
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2 - 24 KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
| 'We hear with sorrow, by the report of the Provincial Judges, that you
the Fathers of the State, who ought to set an example to your sons
(the ordinary citizens), have been so remiss in the payment of taxes
that on this first collection[259] nothing, or next to nothing, has
been brought in from any Senatorial house. Thus a crushing weight has
fallen on the lower orders (_tenues_, _curiales_), who have had to
make good your deficiencies and have been distraught by the violence
of the tax-gatherers.
'Now then, oh Conscript Fathers, who owe as much duty to the Republic
as we do, pay the taxes for which each one of you is liable, to the
Procurators appointed in each Province, by three instalments (trinâ
illatione). Or, if you prefer to do so--and it used to be accounted a
privilege--pay all at once into the chest of the Vicarius. And let
this following edict be published, that all the Provincials may know
that they are not to be imposed upon and that they are invited to
state their grievances[260].' |
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2 - 25 AN EDICT OF KING THEODORIC.
| The King detests the oppression of the unfortunate, and encourages
them to make their complaints to him. He has heard that the powerful
houses are failing to pay their share of the taxes, and that a larger
sum in consequence is being exacted from the _tenues_[261].
[Footnote 261: Here follows a sentence which I am unable to translate:
'Superbia deinde conductorum canonicos solidos non ordine traditos,
sed sub iniquo pondere imminentibus fuisse projectos nec universam
siliquam quam reddere consueverant solemniter intulisse.' I think the
meaning is, that the stewards of the Senators (conductores) arrogantly
refused to allow the money paid to the tax-collectors (canonici
solidi) to be tested, as in ordinary course it should have been, to
see if it was of full weight. The 'imminentes' are, I think, the
tax-collectors. I cannot at all understand the clause about 'universam
siliquam.']
To 'amputate' such wickedness for the future, the letter last
preceding has been addressed to the Senate; and the 'Possessores sive
curiales' are now invited to state their grievances fully and
frankly, or else ever after hold their peace and cultivate a habit of
patience. |
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2 - 26 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: A difficult letter about the corn-merchants of Apulia and Calabria.
| 1. The corn which they have collected by public sale is not to be
demanded over again from them under the title of 'interpretium'
[difference of price].
2. Similarly as to the Sextarius which the merchant of each Province
imports. No one is to dare insolently to exact the prices which have
been always condemned.
3. Fines of £1,200 on the Praefect himself, and £400 on his _officium_
(subordinates), are to be levied if this order is disobeyed.
4. If the 'Siliquatarius' thinks right to withhold the monopoly (of
corn) from any merchant, he must not also exact the monopoly payment
from him.
5. As to the Aurarii [persons liable to payment of the _lustralis auri
collatio_[262]], let the old order be observed, and those only be
classed under this function whom the authority of antiquity chose to
serve thereunder. |
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2 - 27 KING THEODORIC TO ALL THE JEWS LIVING IN GENOA.
| The Jews are permitted to roof in the old walls of their synagogue,
but they are not to enlarge it beyond its old borders, nor to add any
kind of ornament, under pain of the King's sharp displeasure; and this
leave is granted on the understanding that it does not conflict with
the thirty years' 'Statute of Limitations.'
'Why do ye desire what ye ought to shun? In truth we give the
permission which you craved, but we suitably blame the desire of your
wandering minds. _We cannot order a religion, because no one is forced
to believe against his will._' |
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2 - 28 KING THEODORIC TO STEPHANUS, 'SENATOR, COMES PRIMI ORDINIS, AND
EX-PRINCEPS OF OUR OFFICIUM[263].'
| Praises him for all the good qualities which have been recognised by
successive Judges under whom he has served--his secrecy, efficiency,
and incorruptibility.
He is therefore, on his retirement from active service, raised to the
honour of a 'Spectabilis,' and rewarded with the rank of 'Comitiva
Primi Ordinis.' As a substantial recompence he is to have all the
privileges which by 'divalia constituta' belong to the 'ex-principes'
of his Schola, and is guaranteed against all damage and 'sordid
burdens[264],' with a hope of further employment in other
capacities[265]. |
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2 - 29 KING THEODORIC TO ADILA, SENATOR AND COMES.
| 'We wish to protect all our subjects[266], but especially the Church,
because by so doing we earn the favour of Heaven. Therefore, in
accordance with the petition of the blessed Eustorgius[267], Bishop of
Milan, we desire you to accord all necessary protection to the men
and farms belonging to the Milanese Church in Sicily: always
understanding, however, that they are not to refuse to plead in answer
to any public or private suit that may be brought against them. They
are to be protected from wrong, but are not themselves to deviate from
the path of justice.'
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2 - 30 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: Sequel
| 'Our generosity to an individual does not harm the public, and there
is no reason for putting any bounds to its exercise.
'The Defensores of the Holy Church of Milan want to be enabled to buy
as cheap as possible the things which they need for the relief of the
poor; and they say that we have bestowed this favour on the Church of
Ravenna.
'Your Magnificence will therefore allow them to single out some one
merchant who shall buy for them in the market, without being subject
to monopoly, siliquaticum, or the payment of gold-fee[268].' |
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2 - 31 KING THEODORIC TO THE DROMONARII [ROWERS IN EXPRESS-BOATS].
| 'Those who claim the title of "militia" ought to serve the public
advantage. We have therefore told the Count of Sacred Largesses that
you are to assemble at Hostilia [on the Padus, about fifteen miles
east of Mantua], there to receive pay from our Treasury, and then to
relieve the land postal-service (veredarii) by excursions up and down
the channel of the Padus. There is no fear of _your_ limping; you walk
with your hands. No fear of _your_ carriages wearing out; they travel
over liquid roads, and suffer no wear and tear because they are borne
along upon the wave which itself runs with them.'
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2 - 32 KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
'We always enjoy rewarding public spirit. Decius, Magnificus and
Patrician, has most nobly volunteered to drain the marsh of
Decennonium, where the sea-like swamp, accustomed to impunity through
long licence, rushes in and spoils all the surrounding lands.
'We, in consideration of so great an undertaking, determine to secure
to him the fruits of his labour, and we therefore wish that you,
Conscript Fathers, should appoint a commission of two to visit the
spot and mark out the ground, which is at present wasted by the
inundations, that this land may be secured to Decius as a permanent
possession when he has drained it.' |
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2 - 33 KING THEODORIC TO DECIUS, ILLUSTRIS AND PATRICIAN: same
| The complement of the foregoing letter, about the drainage of the
marshes of Decennonium, which are hereby granted to him, apparently
'sine fisco,' tax-free.
[But the meaning may be, 'the marshes which you drain _sine
fisco_'--without help from the Treasury.]
The chief point of difference between this and the previous letter is
that here Decius is allowed and encouraged to associate partners with
him in the drainage-scheme, whom he is to reward according to their
share of the work. Thus will he be less likely to sink under the
enterprise, and he will also lessen men's envy of his success. |
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2 - 34 KING THEODORIC TO ARTEMIDORUS, PRAEFECT OF THE CITY: Embezzlement of City building funds.
| 'The persons to whom money was entrusted for the rebuilding of the
walls of Rome have been embezzling it, as was proved by your
examination of their accounts (discussio). We are very glad that you
have not hidden their misconduct from us (inclined as a generous mind
is to cover up offences), since you would thereby have made yourself
partaker of their evil deeds. They must restore that which they have
dishonestly appropriated, but we shall not (as we might fairly do)
inflict upon them any further fine. We are naturally inclined to
clemency, and they will groan at having to give up plunder which they
had already calculated upon as their own.'
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2 - 35 KING THEODORIC TO TANCILA, SENATOR: Theft of brazen statue at Como.
| 'We are much displeased at hearing that a brazen statue has been
stolen from the City of Como. It is vexatious that while we are
labouring to increase the ornaments of our cities, those which
Antiquity has bequeathed to us should by such deeds be diminished.
Offer a reward of 100 aurei (£60) to anyone who will reveal the author
of this crime; promise pardon [to an accomplice], and if this does not
suffice, call all the workmen together "post diem venerabilem" [Does
this mean on the day after Sunday?], and enquire of them "sub terrore"
[by torture?] by whose help this has been done. For such a piece of
work as moving this statue could only have been undertaken by some
handicraftsman.'
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2 - 36 0EDICT ABOUT THE STATUE AT COMO: Same subject
| 'Though impunity for the crime should be sufficient reward, we promise
100 aurei, as well as forgiveness for his share in the offence, to
anyone who will reveal the author of the theft of the statue at Como.
A golden reward for a brazen theft. Anyone not accepting this offer
and afterwards convicted will suffer the extreme penalty of the law.'
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2 - 37 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: Largesse to citizens of Spoleto.
| 'As our Kingdom and revenues prosper, we wish to increase our
liberality. Let your Magnificence therefore give to the citizens of
Spoletium another "millena" for extraordinary gratuitous admissions to
the baths[269]. We wish to pay freely for anything that tends to the
health of our citizens, because the praise of our times is the
celebration of the joys of the people.'
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2 - 38 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: Immunity from taxation. Hostile ravages.
'We have no pleasure in gains which are acquired by the misery of our
subjects. We are informed that the merchants of the city of Sipontum
[in Apulia] have been grievously despoiled by hostile incursions
[probably by the Byzantine fleet in 508]. Let your Magnificence
therefore see to it that they are for two years not vexed by any
claims for purveyance (coemptio) on the part of our Treasury. But
their other creditors must give them the same indulgence.' |
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2 - 39 KING THEODORIC TO ALOISIUS THE ARCHITECT: Hot springs of Aponum.
| 'The fountain of Aponus--so called originally in the Greek language as
being the remover of pain[270]--has many marvellous and beneficial
properties, for the sake of which the buildings round it ought to be
kept in good repair. One may see it welling up from the bowels of the
earth in spherical form, under a canopy of steam. From this parent
spring the waters, glassy-clear and having lost their first
impetuosity, flow by various channels into chambers prepared for them
by nature but made longer by art. In the first, when the boiling
element dashes against the rock, it is hot enough to make a natural
sudatorium; then it cools sufficiently for the tepidarium; and at
last, quite cold, flows out into a fish-pond like that of Nero.
Marvellous provision of Nature, whereby the opposing elements, fire
and water, are joined in harmonious union and made to soothe the pain
and remove the sickness of man! Yet more wonderful is the moral purity
of this fountain. Should a woman descend into the bath when men are
using it, it suddenly grows hotter, as if with indignation that out of
its abundant supply of waters separate bathing-places should not be
constructed for the two sexes, if they wish to enjoy its bounty[271].
Moreover, those secret caves, the bowels of the mountains from whence
it springs, have power even to judge contentious business. For if any
sheep-stealer presumes to bring to it the fleece of his prey, however
often he may dip it in the seething wave, he will have to boil it
before he succeeds in cleansing it.
'This fountain then, as we before said, deserves a worthy habitation.
If there be anything to repair in the _thermae_ themselves or in the
passages (cuniculi), let this be done out of the money which we now
send you. Let the thorns and briers which have grown up around it be
rooted up. Let the palace, shaken with extreme old age, be
strengthened by careful restoration. Let the space which intervenes
between the public building and the source of the hot-spring be
cleared of its woodland roughness, and the turf around rejoice in the
green beauty which it derives from the heated waters.' |
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2 - 40 KING THEODORIC TO BOETIUS THE PATRICIAN: Boetius to choose a harper for the King of the Franks.
'The King of the Franks [Clovis] has asked us to send him a harper. We
felt that in you lay our best chance of complying with his request,
because you, being such a lover of music yourself, will be able to
introduce us to the right man.'
Reflections on the nature of music. She is the Queen of the senses;
when she comes forth from her secret abiding place all other thoughts
are cast out. Her curative influence on the soul.
The five tones: the Dorian[272], influencing to modesty and purity;
the Phrygian to fierce combat; the Aeolian to tranquillity and
slumber; the Ionian (Jastius), which sharpens the intellect of the
dull and kindles the desire of heavenly things; the Lydian, which
soothes the soul oppressed with too many cares.
'To the Dorian mood
Of flutes and soft recorders; such as rais'd
To highth of noblest temper heroes old
Arming to battle, and instead of rage
Deliberate valour breath'd, firm and unmov'd
With dread of death to flight or foul retreat.']
We distinguish the highest, middle, and lowest in each tone, obtaining
thus in all fifteen tones of artificial music.
The diapason is collected from all, and unites all their virtues.
Classical instances of music:
Orpheus.
Amphion.
Musaeus.
The human voice as an instrument of music. Oratory and Poesy as
branches of the art.
The power of song: Ulysses and the Sirens.
David the author of the Psalter, who by his melody three (?) times
drove away the evil spirit from Saul.
The lyre is called 'chorda,' because it so easily moves the hearts
(corda) of men.
As the diadem dazzles by the variegated lustre of its gems, so the
lyre with its divers sounds.
The lyre, the loom of the Muses.
Mercury, the inventor of the lyre, is said to have derived the idea of
it from the harmony of the spheres. This astral music, apprehended by
reason alone, is said to form one of the delights of heaven. 'If
philosophers had placed that enjoyment not in sweet sounds but in the
contemplation of the Creator, they would have spoken fitly; for there
is truly joy without end, eternity abiding for ever without weariness,
and the mere contemplation of the Divinity produces such happiness
that nothing can surpass it. This Being furnishes the true
immortality; this heaps delight upon delight; and as outside of Him no
creature can exist, so without Him changeless happiness cannot
be[273].
'We have indulged ourselves in a pleasant digression, because it is
always agreeable to talk of learning with the learned; but be sure to
get us that _Citharoedus_, who will go forth like another Orpheus to
charm the beast-like hearts of the Barbarians. You will thus both obey
us and render yourself famous.' |
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2 - 41 KING THEODORIC TO LUDUIN [CLOVIS], KING OF THE FRANKS: Victories of Clovis over the Alamanni.
| Congratulates him on his recent victories over the Alamanni. Refers to
the ties of affinity between them (Theodoric having married the sister
of Clovis). Clovis has stirred up the nation of the Franks, 'prisca
aetate residem,' to new and successful encounters. 'It is a memorable
triumph that the impetuous Alaman should be struck with such terror as
even to beg for his life. Let it suffice that that King with all the
pride of his race should have fallen: let it suffice that an
innumerable people should have been doomed either to the sword or to
slavery.'
He recommends (almost orders) Clovis not to touch the panic-stricken
refugees who have fled to the territory of Theodoric. Theodoric
himself has always found that those wars were prosperously waged which
were ended moderately.
Theodoric sends 'illum et illum' as ambassadors, to take certain
verbal counsels from himself, to bring this letter and carry back the
reply, and also to introduce the Citharoedus of whom we heard in the
preceding letter[274].
[Footnote 274: There are two allusions to the relationship between the
Kings: 'vestrae virtutis affinitate' (line 1), and 'ad parentum
vestrorum defensionem confugisse' (line 10).] |
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3 - 1 0KING THEODORIC TO ALARIC, KING OF THE VISIGOTHS: Dissuades Alaric the Visigoth from war with the Franks.
| 'Surrounded as you are by an innumerable multitude of subjects, and
strong in the remembrance of their having turned back Attila[275],
still do not fight with Clovis. War is a terrible thing, and a
terrible risk. The long peace may have softened the hearts of your
people, and your soldiers from want of practice may have lost the
habit of working together on the battlefield. Ere yet blood is shed,
draw back if possible. We are sending ambassadors to the King of the
Franks to try to prevent this war between our relatives; and the
ambassadors whom we are sending to you will go on to Gundibad, King of
the Burgundians, to get him to interpose on behalf of peace. Your
enemy will be mine also.'
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3 - 2 KING THEODORIC TO GUNDIBAD, KING OF THE BURGUNDIANS: Dissuades Gundibad from war.
| Repeats the arguments in iii. 1 about the ill effects of war on the
fortunes of all, and says that it is Theodoric's part to moderate the
angry impulses of 'regii juvenes.' It becomes them to reverence
'senes,' such as Theodoric and Gundibad, although they are themselves
in the balmy vigour of the flower of their age.
Sends two ambassadors ('illum atque illum') with letters and a verbal
message, hoping that the wisdom of Gundibad may reflect upon what they
say to him [perhaps too delicate a matter to be committed to writing],
and find some way of preserving peace. |
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3 - 3 KING THEODORIC TO THE KINGS OF THE HERULI, WARNI (GUARNI), AND
THURINGIANS: Attempt to form a Teutonic coalition on behalf of Alaric..
| [On the same subject.] If Clovis succeeds in his unprovoked aggression
on Alaric, none of his neighbours will be safe. 'I will tell you just
what I think: he who inclines to act without law is prepared to shake
the kingdoms of all of us[276].'
[Footnote 276: Compare the state of Europe during the wars of the
French Revolution, as expressed by Tennyson:
'Again their ravening eagle rose,
In anger, wheel'd on Europe-shadowing wings,
And barking for the thrones of kings.']
'Remember how often Alaric's father Euric gave you presents and staved
off war from your borders. Repay to the son the kindness of the
father. I send you two ambassadors, and I want you to join your
representations to mine and Gundibad's, calling on Clovis to desist
from his attacks on Alaric and seek redress from the law of
nations[277], or else expect the combined attack of all of us, for
this quarrel is really the quarrel of us all.' |
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3 - 4 KING THEODORIC TO LUDUIN (LUDWIG, OR CLOVIS), KING OF THE FRANKS: Desires Clovis to desist from war on Alaric.
| [On the same subject.] 'The affinities of kings ought to keep their
subjects from the plague of war. We are grieved to hear of the paltry
causes which are giving rise to rumours of war between you and our son
Alaric, rumours which gladden the hearts of the enemies of both of
you. Let me say with all frankness, but with all affection, just what
I think: "It is the act of a passionate man to get his troops ready
for action at the first embassy which he sends." Instead of that refer
the matter to our arbitration. It would be a delight to me to choose
men capable of mediating between you. What would you yourselves think
of me if I could hear unmoved of your murderous intentions towards one
another? Away with this conflict, in which one of you will probably be
utterly destroyed. Throw away the sword which you wield for _my_
humiliation. By what right do I thus threaten you? By the right of a
father and a friend. He who shall despise this advice of ours will
have to reckon us and our friends as his adversaries.
'I send two ambassadors to you, as I have to my son Alaric, and hope
that they may be able so to arrange matters that no alien malignity
may sow the seeds of dissension between you, and that your nations,
which under your fathers have long enjoyed the blessings of peace, may
not now be laid waste by sudden collision. You ought to believe him
who, as you know, has rejoiced in your prosperity. No true friend is
he who launches his associates, unwarned, into the headlong dangers of
war.' |
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3 - 5 KING THEODORIC TO IMPORTUNUS, VIR ILLUSTRIS AND PATRICIAN: Importunus promoted to the Patriciate. 510
| 'Noble birth and noble deeds meet in you, and we are therefore
bestowing on you an honour to which by age you are scarcely yet
entitled. Your father and uncle were especially noteworthy, the glory
of the Senate, men who adorned modern ages[278] with the antique
virtues, men who were prosperous without being hated. The Senate felt
their courage, the multitude their wisdom.
'Therefore, being descended from such ancestors, and yourself
possessing such virtues, on laying down the Consular fasces, assume
the insignia of the Patriciate. Bind those fillets, which are
generally reserved for the hoary head, round your young locks, and by
your future actions justify my choice of you.' |
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3 - 6 KING THEODORIC TO THE SENATE ON IMPORTUNUS' ACCESSION TO THE
PATRICIATE. same subject.
| 'We delight to introduce new men to the Senate, but we delight still
more when we can bring back to that venerable body, crowned with fresh
honours, her own offspring[279]. And such is now my fortune in
presenting to you Importunus, crowned with the honours of the
Patriciate; Importunus, who is descended from the great stock of the
Decii, a stock illustrated by noble names in every generation, by the
favour of the Senate and the choice of the people. Even as a boy he
had a countenance of serene beauty, and to the gifts of Nature he
added the endowments of the mind. From his parents in household lays
he learned the great deeds of the old Decii. Once, at a great
spectacle, the whole school at the recitation of the Lay of the Decii
turned their eyes on Importunus, discerning that he would one day
rival his ancestors. Thus his widowed mother brought him up, him and
all his troop of brothers, and gave to the Curia as many Consulars as
she had sons[280]. All these private virtues I have discerned in him,
and now seal them with promotion to the Patriciate. At this act I call
on you specially to rejoice.'
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3 - 7 KING THEODORIC TO THE VENERABLE JANUARIUS, BISHOP OF SALONA: Extortion by the Bishop of Salona.
'The lamentable petition of John says that you have taken sixty tuns
of oil from him, and never paid him for them. It is especially
important that preachers of righteousness should be righteous
themselves. We cannot suppose that God is ignorant whence come the
offerings which we make before Him [and He must therefore hate robbery
for a burnt offering]. Pray enquire into this matter, and if the
complaint be well founded remedy it promptly. You who preach to us our
duty in great things should not be caught tripping in little ones.' |
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3 - 8 KING THEODORIC TO VENANTIUS, SENATOR, CORRECTOR OF LUCANIA AND
BRUTTII: Remissness of Venantius in collection of public revenue.
| 'Remissness in the collection of the public taxes is a great fault,
and no kindness in the end to the taxpayer. For want of a timely
caution you probably have to end by selling him up.
'The Count of Sacred Largesses tells us that you were long ago
commissioned to get in the _Bina_ and _Terna_ [and have not done so].
Be quick about it, that the collection may be completed according to
the registers of the Treasury. If you are not quick, and the Treasury
suffers loss, you will have to make it good out of your private
property. You have not shown proper respect to our orders, nor a due
sense of the obligation of your own promise.' |
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3 - 11 0 KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS [A.D. 510]: Argolicus appointed Praefect of the City.
| Announces to this young man his nomination to the Praefecture of the
City (for the 4th Indiction). Enlarges on the dignity of the office,
especially as involving the Presidency of the Senate, and calls upon
him by a righteous and sober life to show himself worthy of the
choice.
Argolicus is a great student [perhaps a literary friend of
Cassiodorus], and he is exhorted to keep himself in the right path by
musing on the great examples of antiquity. |
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3 - 12 0KING THEODORIC TO THE SENATE OF THE CITY OF ROME: The same subject.
| Rehearses the usual sentiments about the dignity of the Senate and
Theodoric's care in the choice of officials.
'It is easier, if one may say so, for Nature herself to err, than that
a Sovereign should make a State unlike to himself.'
Recounts the ancestry of Argolicus. The older Senators will remember
his eloquent and purely-living grandfather, a man of perfectly
orthodox reputation, who filled the offices of Comes Sacrarum
Largitionum and Magister Officiorum. His father never stained the
dignity of 'Comes Privatarum' by cruelty, and was free from ill-gotten
gains in an age when avarice was not accounted a crime[288].
'We may hope that the son will follow the example of such
distinguished ancestors.' |
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3 - 13 KING THEODORIC TO SUNHIVAD, SENATOR: Sunhivad, Governor of Samnium.
| 'You who have ruled your own life in a long career so well should make
a good governor of others. I therefore send you to Samnium as
Governor, in reply to the complaints which reach me from that
Province. Settle according to the law of justice the disputes which
have arisen there between the Romans and the Goths.'
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3 - 16 KING THEODORIC TO GEMELLUS, SENATOR (509-510): Appointment of Gemellus as Governor of Gaul.
| 'Having proved your worth by experience we are now going to send you
to govern the Provinces of Gaul newly wrested [from Clovis], as Vicar
of the Praefects[290].
'Think what a high opinion we must have formed of you to delegate to
you the government of these Provinces, the conquest of which has added
so much to our glory, and the good opinion of whose inhabitants we so
particularly wish to acquire. Abhor turbulence; do not think of
avarice; show yourself in all things such a Governor as "Romanus
Princeps" ought to send, and let the Province feel such an improvement
in her lot that she may "rejoice to have been conquered."' |
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3 - 17 KING THEODORIC TO ALL THE GAULISH PROVINCES (510): Proclamation to the new Gaulish subjects.
| 'Obey the Roman customs. You are now by God's blessing restored to
your ancient freedom; put off the barbarian; clothe yourselves with
the morals of the toga; unlearn cruelty, that you may not be unworthy
to be our subjects. We are sending you Spectabilis Gemellus as
Vicarius Praefectorum, a man of tried worth, who we trust will be
guilty of no crime, because he knows he would thereby seriously
displease us. Obey his commands therefore. Do not dislike the reign of
Law because it is new to you, after the aimless seethings of Barbarism
(Gentilitas).
'You may now bring out your long-hidden treasures; the rich and the
noble will again have a chance of suitable promotion. You may now
enjoy what till now you have only heard of--the triumph of Public
Right, the most certain solace of human life, the help of the weak,
the curb of the strong. You may now understand that men are exalted
not by their bodily strength, but by reason.' |
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3 - 18 KING THEODORIC TO GEMELLUS: Magnus to be restored to his possessions.
| 'We wish that all who have elected to live under our Clemency should
be the better for it.
'The Spectabilis Magnus, spurning the conversation of our enemies
[Franks?], and remembering his own origin, has sought re-patriation in
the Roman Empire; but during his absence his property has suffered
loss. Let him therefore be restored to, and henceforward have
unquestioned possession of, all that he can prove to be his own in the
way of lands, urban or rural slaves.' |
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3 - 19 KING THEODORIC TO DANIEL [A 'COMMONITORIUM']: Monopoly of supply of marble sarcophagi.
| 'We wish the servants of our palace to have proper reward for their
labours, though we might call on them to render them gratuitously.
Therefore, being much pleased with your skill in preparing and
ornamenting marbles, we concede to you the [sole] right of furnishing
the marble chests in which the citizens of Ravenna bury their dead.
'They thus keep them above ground--no small consolation to the
survivors, since the souls alone depart from this world's
conversation; but they do not altogether lose the bodies which once
were dear to them.
'Do not, however, impose upon their sadness; do not let a relative be
forced to the alternative of wasting his substance in funeral
expenses, or else throwing the body of his dear one into some well. Be
moderate in your charges.' |
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3 - 20 KING THEODORIC TO THE SAJO GRIMODA AND TO THE APPARITOR
FERROCINCTUS: Oppression of Castorius by Faustus.
| 'We are determined to assist the humble, and to repress the violence
of the proud.
'The lamentable petition of Castorius sets forth that he has been
unjustly deprived of his property by the magnificent Praetorian
Praefect Faustus. [The same, no doubt, to whom are addressed iii. 55,
i. 35, and the immediately succeeding letter (iii. 21).]
'If it be so, let the invader (pervasor) restore to Castorius his
property, and hand over, besides, another property of equal value.
'If Faustus have employed any intermediate person in the act of
violence, let him be brought to us in chains; and if that well-known
author of ill [Faustus] tries any further to injure Castorius, he
shall pay £2,000, besides having the misery of seeing his would-be
victim unharmed.
'No Powers of any kind, be they Praetorian Praefects or what they may,
shall be permitted to trample on the lowly.' |
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3 - 23 KING THEODORIC TO COLOSSAEUS, VIR ILLUSTRIS AND COMES (CIR. A.D.
505): Appointment of Colossaeus as Governor of Pannonia.
| 'We delight to entrust our mandates to persons of approved character.
'We are sending you "with the dignity of the illustrious belt" to
Pannonia Sirmiensis, an old habitation of the Goths. Let that Province
be induced to welcome her old defenders, even as she used gladly to
obey our ancestors. Show forth the justice of the Goths, a nation
happily situated for praise, since it is theirs to unite the
forethought of the Romans and the virtue of the Barbarians. Remove all
ill-planted customs[291], and impress upon all your subordinates that
we would rather that our Treasury lost a suit than that it gained one
wrongfully, rather that we lost money than the taxpayer was driven to
suicide.' |
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3 - 24 KING THEODORIC TO ALL THE BARBARIANS AND ROMANS SETTLED IN
PANNONIA: To the Pannonians, on the appointment of Colossaeus.
| 'Intent on the welfare of our subjects we are sending you Colossaeus
for Governor. His name means a mighty man; and a mighty man he is, who
has given many proofs of his virtue. Now we exhort you with patience
and constancy to submit yourselves to his authority. Do not excite
that wrath before which our enemies tremble. Acquiesce in the rule of
justice in which the whole world rejoices. Why should you, who have
now an upright Judge[292], settle your grievances by single combat?
What has man got a tongue for, if the armed hand is to settle all
differences? or where can peace be looked for, if there is fighting in
a civilised State like ours[293]? Imitate then our Goths, who have
learned to practise war abroad, to show peaceable dispositions at
home. We want you so to live as you see that our subjects (parentes)
have lived and flourished under the Divine blessing.'
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3 - 25 KING THEODORIC TO SIMEON, VIR ILLUSTRIS AND COMES: Tax-collecting and iron-mining in Dalmatia.
| 'We entrust to you the duty of collecting throughout the Province of
Dalmatia the arrears of Siliquaticum for the first, second, and third
Indictions [Sept. 1, 506, to Aug. 31, 509]. We do this not only for
the sake of gain to our Treasury, but to prevent the demoralisation of
our subjects.
'Also by careful mining (cuniculo veritatis) seek out the iron veins
in Dalmatia, where the softness of earth is pregnant with the rigour
of iron, which is cooked by fire that it may become hard.
'Iron enables us to defend our country, is serviceable for agriculture
and for countless arts of human life: yea, iron is master of gold,
compelling the rich man, weaponless, to obey the poor man who wields a
blade of steel.' |
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3 - 27 KING THEODORIC TO JOANNES, SENATOR, CONSULAR OF CAMPANIA: Promises protection against the Praetorian Praefect.
| 'You have not complained to us in vain that the Praetorian Praefect
[perhaps again Faustus] is venting a private grudge against you under
colour of the discharge of his public duty. We will wall you round
with our protection. Go now and discharge the duties of Consular of
Campania with the like devotion as your predecessors, and with this
reflection: "If the King prevents my superior the Praetorian Praefect
from doing me harm, with what unfailing rigour will he visit me if I
do wrong."'
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3 - 29 KING THEODORIC TO ARGOLICUS, ILLUSTRIS AND PRAEFECT OF THE CITY: Permission to Paulinus to repair certain granaries at
Rome.
| 'The King should sow his gifts broadcast, as the sower his seeds--not
put them all into one hole.
'The Patrician Paulinus represents to us that such and such granaries
are falling into ruin and are of no use to anyone, and asks to be
allowed to repair them and transmit them to his heirs. We consent to
this, if you are of opinion that they are not wanted for the public,
and if there is no corn in them belonging to our Treasury.
'It is especially fitting that all ruined buildings should be repaired
in Rome. In Rome, praised beyond all other cities by the world's
mouth, there should be nothing sordid or mediocre[296].' |
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3 - 30 KING THEODORIC TO ARGOLICUS, ILLUSTRIS AND PRAEFECTUS URBIS: Repair of the Cloacae of Rome.
| 'We are ever vigilant for the repair and beautification of Rome.
'Let your Sublimity know that we have directed John to repair the
Cloacae of the City, those splendid works which strike astonishment
into the hearts of all beholders. There you see rivers as it were shut
in by concave mountains, flowing down through mighty rafters[297] (?).
There you see men steering their ships with the utmost possible care,
lest they should suffer shipwreck. Hence may the greatness of Rome be
inferred. What other city can compare with her in her heights when
even her depths are so incomparable?
'See therefore, O Praefect, that John as a public officer receives his
proper salary.' |
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3 - 31 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: Commission issued to John to check ruin of aqueducts and
temples in Rome.
| 'Our care is for the whole Republic, "in which, by the favour of God,
we are striving to bring back all things to their former state;" but
especially for the City of Rome. We hear that great depredations are
being committed on public property there.
'(1) It is said that the water of the aqueducts (formae) is being
diverted to turn mills and water gardens--a thing which would not be
suffered even in the country districts. Even in redressing this wrong
we must be observant of law; and therefore if it should be found that
those who are doing this can plead thirty years' prescription, they
must be bought off, but the misuser must cease. If the diversion is of
less ancient date[298], it must of course be at once stopped without
compensation.
'(2) Slaves assigned by the forethought of previous rulers to the
service of the formae have passed under the sway of private masters.
'(3) Great weights of brass and lead (the latter very easy to steal,
from its softness) have been stripped off from the public buildings.
Now Ionos, King of Thessaly, is said to have first discovered lead,
and Midas, King of Phrygia, brass. How grievous that we should be
handed down to posterity as neglecting two metals which they were
immortalised by discovering!
'(4) Temples and other public buildings, which at the request of many
we have repaired, are handed over without a thought to spoliation and
ruin.
'We have appointed the Spectabilis John to enquire into and set
straight all these matters. _You_ ought to have brought the matter
before us yourselves: at least, now, support him with the necessary
"solatia."' |
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3 - 32 KING THEODORIC TO GEMELLUS, SENATOR. A.D. 511: Remission of taxes to citizens of Arles.
| 'The men of Arles, who were reduced to penury in the glorious siege
which they endured on our behalf, are freed from the obligation of
taxes for the fourth Indiction [Sept. 1, 510, to Aug. 31, 511]. We ask
for these payments from men at peace, not from men besieged. How can
one claim taxes from the lord of a field when one knows he has not
been able to cultivate it? They have already rendered a most precious
tribute in their fidelity to us. After this year, however, the taxes
will be collected as usual.'
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3 - 34 KING THEODORIC TO THE INHABITANTS OF MASSILIA: Count Marabad Governor of Marseilles.
| 'In accordance with our usual policy of sending persons of tried
ability and moderation to govern the Provinces, we are sending Count
Marabad [a Gothic name?] to act as your Governor, to bring solace to
the lowly and repress the insolent, and to force all into the path of
justice, which is the secret of the prosperity of our Empire. As
befits your long-tried loyalty, welcome and obey him.'
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3 - 35 KING THEODORIC TO ROMULUS.
| [It is surely possible that this is the dethroned Emperor. The name
Romulus, which, as we know, he derived from his maternal grandfather,
was not a very common one in Rome (it must be admitted there is
another Romulus, ii. 14). And is there not something rather peculiar
in the entire absence of all titles of honour, the superscription
being simply 'Romulo Theodoricus Rex,' as if neither King nor scribe
quite knew how to address an ex-Emperor?]
[Sidenote: Gifts to Romulus shall not be revoked.]
'The liberality of the Prince must be kept firm and unshaken by the
arts of malignant men. Therefore any gift which shall be proved to
have been given according to our orders by the Patrician Liberius, to
you _or to your mother_, by written instrument (pictacium or
pittacium), shall remain in full force, and you need not fear its
being questioned.'
[For Liberius, see ii. 16. A man of that eminence, who was employed to
arrange disputes between the Goths and Romans at the first settlement
of the former in Italy, was the very man to be also employed to
arrange terms with Augustulus. There is some reason to think that the
mother of the deposed Emperor was named Barbaria, and that she is
mentioned in the history of the translation of the relics of St.
Severinus. See 'Italy and her Invaders' iii. 190.] |
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3 - 36 KING THEODORIC TO THE ILLUSTRIOUS COUNT ARIGERN: Complaints against Venantius.
| 'Firminus alleges that he has some cause of complaint against the
Magnificent Venantius [son of Liberius, mentioned in the previous
letter, and strongly commended in ii. 15], and that Venantius treats
his claims with contempt. There is always a danger of justice being
wrested in the interests of the great. We therefore desire you with
all due reverence to address the aforesaid Magnificent person and
desire him to appoint a representative, with proper credentials, to
plead in our Court in answer to the claims of Firminus, who will be
punished for his audacity if he have brought a false charge against so
illustrious a person.'
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3 - 37 KING THEODORIC TO BISHOP PETER: Alleged injustice of a Bishop.
| [See the full explanation of this letter in Dahn, 'Könige der
Germanen' iii. 193-4. Cf. also Var. iii. 14. Observe how the marginal
note (in the edition of the Benedictine, Garet) strains the doctrine
of this letter in favour of the clergy[300].]
'Germanus, in his "flebilis allegatio," informs us that you detain
from him a part of the property of his father Thomas. As it is proper
that causes which concern you should first be remitted to you (so
often employed as judges to settle the disputes of others), we call
upon you to enquire into this claim, and if it be a just one to
satisfy it. Know that if you fail to do justice yourself to the
petitioner, his cause will be carried through to our own
audience-chamber.' |
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3 - 38 KING THEODORIC TO WANDIL [VUANDIL[301]]: The Gothic troops at Avignon to abstain from molesting the
citizens.
| 'Our Piety wishes that there should be order and good government
everywhere in our dominions, but especially in Gaul, that our new
subjects there may form a good opinion of the ruler under whom they
have come. Therefore by this authority we charge you to see that no
violence happen in Avignon where you reside. Let our army live
"civiliter" with the Romans, and let the latter feel that our troops
are come for their defence, not for their annoyance.'
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3 - 39 KING THEODORIC TO FELIX, ILLUSTRIS AND CONSUL (A.D. 511): Largesse to charioteers of Milan.
| 'Those who minister to the pleasures of the public should be liberally
treated, and the Consul must not belie the expectations of his
generosity which have been formed when he was Senator. Therefore let
your Sublimity enquire into the petition for largesse presented by the
charioteers of Milan; and if their statements are correct, let them
have whatever it has been customary for them to receive. In matters
of this kind custom creates a kind of debt.'
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3 - 40 KING THEODORIC TO ALL THE PROVINCIALS SETTLED IN GAUL: Immunity from taxes for districts ravaged by war.
| 'We wish promptly to relieve all the distresses of our subjects, and
we therefore at once announce to you that the districts ravaged by the
incursions of the enemy will not be called upon to pay tribute at the
fourth Indiction [Sept. 510, to Aug. 511]. For we have no pleasure in
receiving what is paid by a heavy-hearted contributor. The part of the
country, however, which has been untouched by the enemy will have to
contribute to the expense of our army. But a hungry defender is a weak
defender.'
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3 - 43 KING THEODORIC TO UNIGIS, THE SWORD-BEARER [SPATARIUS]: Runaway slaves to be restored to their owners.
| 'We delight to live after the law of the Romans, whom we seek to
defend with our arms; and we are as much interested in the maintenance
of morality as we can possibly be in war. For what profit is there in
having removed the turmoil of the Barbarians, unless we live according
to law? Certain slaves, on our army's entry into Gaul, have run away
from their old masters and betaken themselves to new ones. Let them be
restored to their rightful owners. Rights must not be confounded under
the rule of justice, nor ought the defender of liberty to favour
recreant slaves. [Probably an allusion to the office of the _Assertor
Libertatis_ in the _Liberalis Causa_, as set forth in the Theodosian
Code iv. 8.] Let other kings desire the glory of battles won, of
cities taken, of ruins made; our purpose is, God helping us, so to
rule that our subjects shall grieve that they did not earlier acquire
the blessing of our dominion.'
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3 - 44 KING THEODORIC TO ALL THE LANDOWNERS [POSSESSORES] OF ARLES: Repair of walls of Arles, and supply of corn.
| 'We wish to refresh men, but to repair cities also, that the renewed
fortune of the citizens may be displayed by the splendour of their
buildings.
'We have therefore directed that a certain sum of money be sent for
the repair of the walls and old towers of Arles. But we are also going
to send you, as soon as the time is favourable for navigation,
provisions to supply the waste caused by the war. Be of good cheer,
therefore! Grain for which our word is pledged is as good as grain
already in your granaries.' |
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3 - 45 KING THEODORIC TO ARIGERN, ILLUSTRIS AND COUNT: Site disputed between Roman Church and Samaritans.
| 'It is represented to us by the Defensors of the "sacrosanct" Roman
Church that Pope Simplicius, of blessed memory, bought a house at
Rome[303] of Eufrasius the Acolyte, with all proper formalities, and
that now the people of the Samaritan superstition, hardened in
effrontery, allege that a synagogue of theirs was built on that site,
and claim it accordingly; whereas the very style of building, say
their opponents, shows that this was meant as a private house and not
as a synagogue. Enquire into this matter, and do justice accordingly.
If we will not tolerate chicanery [calumniae] against men, much less
will we against the Divinity Himself.'
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3 - 46 KING THEODORIC TO ADEODATUS: Further charges of misgovernment against Venantius.
| 'The crimes of subjects are an occasion for manifesting the virtues of
princes. You have addressed to us your petition, alleging that you
were compelled by the Spectabilis Venantius, Governor of Lucania and
Bruttii, to confess yourself guilty of the rape of the maiden
Valeriana.
[Sidenote: Illogical decision in the case of Adeodatus.]
'Overcome, you say, by the severity of your imprisonment and the
tortures inflicted upon you, and longing for death as a release from
agony; being moreover refused the assistance of Advocates, while the
utmost resources of rhetoric were at the disposal of your opponents,
you confessed a crime which you had never committed.
'Such is your statement. The Governor of Bruttii sends his _relatio_
in opposition, saying that we must not give credence to a petitioner
who is deceitfully seeking to upset a sentence which was given in the
interests of public morality.
'Our decision is that we will by our clemency mitigate the severity of
your punishment. From the date of this decree you shall be banished
for six months; and on your return no note of infamy of any kind shall
be attached to you; since it is competent for the Prince to wipe off
all the blots on a damaged reputation. Anyone who offends against this
decree [by casting your old offence in your teeth] shall be fined £120
(3 lbs. of gold). And all who are accused of the same offence in any
place or time, but who offended through ignorance, are to be freed
from all fear of punishment.' |
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3 - 47 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: Jovinus, for killing a fellow Curial, is banished to the
islands of Lipari, the volcanoes of which are described.
| 'Jovinus the Curialis, according to the report of the Corrector of
Lucania and Bruttii, had an angry altercation with a fellow Curial
(collega), and in his rage slew him.
'He then took refuge within the precincts of a church, and refused to
surrender himself to justice. We decide that the capital punishment
shall be remitted out of reverence for his place of refuge, but he
shall be banished to the Vulcanian [Lipari] Islands, there to live
away from the paternal hearth, but ever in the midst of burning, like
a salamander, which is a small and subtile beast, of kin to the
slippery worm, clothed with a yellow colour.
'The substance of volcanoes, which is perpetually destroyed, is by the
inextricable power of Nature perpetually renewed.
'The Vulcanian Islands are named from Vulcan, the god of fire, and
burst into eruption on the day when Hannibal took poison at the Court
of Prusias. It is especially wonderful that a mountain kindling into
such a multitude of flames, should yet be half hidden by the waves of
the sea.' |
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3 - 48 KING THEODORIC TO ALL GOTHS AND ROMANS LIVING NEAR THE FORT OF
VERRUCA[304]: Fortification of Verruca in the Tyrol.
| 'It is the duty and the glory of a ruler to provide with wise
forethought for the safety of his subjects. We have therefore ordered
the Sajo Leodifrid that under his superintendence you should build
yourselves houses in the fort Verruca, which from its position
receives its most suitable name[305].
'For it is in the midst of the plains a hill of stone roundly arising,
which with its tall sides, being bare of woods, is all one great
mountain fortress. Its lower parts are slenderer (graciliora) than its
summit, and like some softest fungus the top broadens out, while it is
thin at bottom. It is a mound not made by soldiers[306], a stronghold
made safe by Nature[307], where the besieged can try no _coup-de-main_
and the besieged need feel no panic. Past this fort swirls the Adige,
that prince of rivers, with the pleasant gurgle of his clear waters,
affording a defence and an adornment in one. It is a fort almost
unequalled in the whole world, "a key that unlocks a kingdom[308];"
and all the more important because it bars the invasion of wild and
savage nations. This admirable defence what inhabitant would not wish
to share, since even foreigners delight to visit it? and though by
God's blessing we trust that the Province [of Raetia] is in our times
secure, yet it is the part of prudence to guard against evils, though
we may think they will not arise.'
Examples of gulls, who fly inland when they foresee a storm; of
dolphins, which seek the shallower waters; of the edible sea-urchin,
'that honey of flesh, that dainty of the deep,' who anchors himself to
a little pebble to prevent being dashed about by the waves; of birds,
who change their dwellings when winter draws nigh; of beasts, who
adapt their lair to the time of year. And shall man alone be
improvident? Shall he not imitate that higher Providence by which the
world is governed?
[The fortress of Verruca does not seem to be mentioned in the
'Notitia,' in the Antonine 'Itinerary,' or by the geographer of
Ravenna.
Maffei ('Verona Illustrata,' Book ix. Vol. 2, pp. 391-2 in ed. 1825)
comments on this passage, and argues that _Verruca = Dos Trento_, a
cliff about a mile from Trient, and this identification seems to have
been accepted, for Ball ('Alpine Guide, Eastern Alps,' p. 404) says:
'In the centre of the valley, close to the city, rises a remarkable
rock known as _Dos Trento, and also called La Verruca_, formerly
frequented for the sake of the beautiful view which it commands. Since
1857 it has been strongly fortified, and permission to ascend to the
summit is not easily obtained.'
Maffei says that the French bombarded Trient from this rock in 1703.
He speaks of another 'Verruca, or Rocca,' on the other side of
Aquileia, and thinks that the modern word 'rocca' (rock) may perhaps
have been derived herefrom (?).
It is remarkable that there is a place called _Verrua_ near the Po in
Piedmont (about 20 miles east of Turin). 'Situated upon an abrupt and
insulated hill, in a most defensible position, it opposed an obstinate
resistance to the Emperor Frederick II. In more recent times (1704),
the Duc de Vendôme attacked it without success' (Murray's 'Guide to
Northern Italy,' p. 51). No doubt this was also originally called
_Verruca_.] |
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3 - 49 KING THEODORIC TO THE HONOURED POSSESSORES, DEFENSORES, AND
CURIALES OF THE CITY OF CATANA: Repair of amphitheatre of Catana.
| 'It is a great delight to the Ruler when his subjects of their own
accord suggest that which is for the good of the State. You have
called our attention to the ruinous state of your walls, and ask leave
to use for its repair the stones of the amphitheatre, which have
fallen down from age and are now of no ornament to your town, in fact
only show disgraceful ruins. You have not only our permission to do
this, but our hearty approval. Let the stones, which can be of no use
while they lie there, rise again into the fabric of the walls; and
your improved defence will be our boast and confidence.'
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3 - 50 KING THEODORIC TO THE PROVINCIALS OF NORICUM: The Alamanni and Noricans to exchange their cattle.
| 'It is an admirable arrangement when a favour can be conferred by
which giver and receiver are alike benefited.
'We therefore decree that you should exchange your oxen for those of
the Alamanni.
'Theirs is the finer and larger breed of cattle, but they are worn out
by the long journey. Thus will they get fresh beasts capable of doing
the work which is required of them, and you will permanently improve
your breed of cattle, and so be able to till your fields better. Thus,
what does not often happen, the same transaction will equally benefit
both parties to it.' |
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3 - 51 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: Stipend of Thomas the Charioteer. Description of the
Circus.
| 'Constancy in actors is not a very common virtue, therefore with all
the more pleasure do we record the faithful allegiance of Thomas the
Charioteer, who came long ago from the East hither, and who, having
become champion charioteer, has chosen to attach himself to "the seat
of our Empire[309];" and we therefore decide that he shall be rewarded
by a monthly allowance. He embraced what was then the losing side in
the chariot races and carried it to victory--victory which he won so
often that envious rivals declared that he conquered by means of
witchcraft.
'The sight of a chariot-race (spectaculum) drives out morality and
invites the most trifling contentions; it is the emptier of honourable
conduct, the ever-flowing spring of squabbles: a thing which Antiquity
commenced as a matter of religion, but which a quarrelsome posterity
has turned into a sport.
'For Aenomaus is said first to have exhibited this sport at Elis, a
city of Asia (?), and afterwards Romulus, at the time of the rape of
the Sabines, displayed it in rural fashion to Italy, no buildings for
the purpose being yet founded. Long after, Augustus, the lord of the
world, raising his works to the same high level as his power, built a
fabric marvellous even to Romans, which stretched far into the Vallis
Murcia. This immense mass, firmly girt round with hills, enclosed a
space which was fitted to be the theatre of great events.
'Twelve _Ostia_ at the entrance represent the twelve signs of the
Zodiac. These are suddenly and equally opened by ropes let down by the
_Hermulae_ (little pilasters)[310]. The four colours worn by the four
parties of charioteers denote the seasons: green for verdant spring,
blue for cloudy winter, red for flaming summer, white for frosty
autumn. Thus, throughout the spectacle we see a determination to
represent the works of Nature. The _Biga_ is made in imitation of the
moon, the _Quadriga_ of the sun. The circus horses (_Equi
desultorii_), by means of which the servants of the Circus announce
the heats (_Missos_) that are to be run, imitate the herald-swiftness
of the morning star. Thus it came to pass that while they deemed they
were worshipping the stars, they profaned their religion by parodying
it in their games.
'A white line is drawn not far from the ostia to each _Podium_
(balcony), that the contest may begin when the quadrigae pass it, lest
they should interrupt the view of the spectators by their attempts to
get each before the other[311]. There are always seven circuits round
the goals (_Metae_) to one heat, in analogy with the days of the week.
The goals themselves have, like the decani[312] of the Zodiac, each
three pinnacles, round which the swift quadrigae circle like the sun.
The wheels indicate the boundaries of East and West. The channel
(_Euripus_) which surrounds the Circus presents us with an image of
the glassy sea, whence come the dolphins which swim hither through the
waters[313] (?). The lofty obelisks lift their height towards heaven;
but the upper one is dedicated to the sun, the lower one to the moon:
and upon them the sacred rites of the ancients are indicated with
Chaldee signs for letters[314].
'The _Spina_ (central wall, or backbone) represents the lot of the
unhappy captives, inasmuch as the generals of the Romans, marching
over the backs of their enemies, reaped that joy which was the reward
of their labours. The _Mappa_ (napkin), which is still seen to give
the signal at the games, came into fashion on this wise. Once when
Nero was loitering over his dinner, and the populace, as usual, was
impatient for the spectacle to begin, he ordered the napkin which he
had used for wiping his fingers to be thrown out of window, as a
signal that he gave the required permission. Hence it became a custom
that the display of a napkin gave a certain promise of future
_circenses_.
'The _Circus_ is so called from "circuitus:" _circenses_ is, as it
were, _circu-enses_, because in the rude ages of antiquity, before an
elaborate building had been prepared for the purpose, the races were
exhibited on the green grass, and the multitude were protected by the
river on one side and the swords (_enses_) of the soldiers on the
other[315].
'We observe, too, that the rule of this contest is that it be decided
in twenty-four heats[316], an equal number to that of the hours of day
and night. Nor let it be accounted meaningless that the number of
circuits round the goals is expressed by the putting up of
_eggs_[317], since that emblem, pregnant as it is with many
superstitions[318], indicates that something is about to be born from
thence. And in truth we may well understand that the most fickle and
inconstant characters, well typified by the birds who have laid those
eggs, will spring from attendance on these spectacles[319]. It were
long to describe in detail all the other points of the Roman Circus,
since each appears to arise from some special cause. This only will we
remark upon as pre-eminently strange, that in these beyond all other
spectacles men's minds are hurried into excitement without any regard
to a fitting sobriety of character. The Green charioteer flashes by:
part of the people is in despair. The Blue gets a lead: a larger part
of the City is in misery. They cheer frantically when they have gained
nothing; they are cut to the heart when they have received no loss;
and they plunge with as much eagerness into these empty contests as if
the whole welfare of the imperilled fatherland were at stake.
'No wonder that such a departure from all sensible dispositions should
be attributed to a superstitious origin. We are compelled to support
this institution by the necessity of humouring the majority of the
people, who are passionately fond of it; for it is always the few who
are led by reason, while the many crave excitement and oblivion of
their cares. Therefore, as we too must sometimes share the folly of
our people, we will freely provide for the expenses of the Circus,
however little our judgment approves of this institution.' |
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3 - 52 KING THEODORIC TO THE ILLUSTRIOUS CONSULARIS: On Roman land surveying.
| 'We are sorry to hear that a dispute (which is on the point of being
settled by arms instead of by the law) has arisen between the
Spectabiles Leontius and Paschasius as to the boundaries of their
properties[320]. If they are so fierce against one another here in
Italy, where there are mountains and rivers and the "arcaturae"
[square turrets of the land surveyor] to mark the boundaries, what
would they have done in Egypt, where the yearly returning waters of
the Nile wash out all landmarks, and leave a deposit of mud over all?
'Geometry was discovered by the Chaldaeans, who perceived that its
principles lay at the root of Astronomy, Music, Mechanics,
Architecture, Medicine, Logic, and every science which deals with
generals. This science was eagerly welcomed by the Egyptians, who
perceived the advantage it would be to them in recovering the
boundaries of estates obliterated by the wished-for deluge[321] of the
Nile.
'Therefore let your Greatness send an experienced land surveyor
(agrimensor) to settle this dispute by assigning fixed boundaries to
the two estates.
'Augustus made a complete survey of the whole "Orbis Romanus," in
order that each taxpayer should know exactly his resources and
obligations. The results of this survey were tabulated by the author
Hyrummetricus. The Professors of this Science [of land surveying] are
honoured with a more earnest attention than falls to the lot of any
other philosophers. Arithmetic, Theoretical Geometry, Astronomy, and
Music are discoursed upon to listless audiences, sometimes to empty
benches. But the land surveyor is like a judge; the deserted fields
become his forum, crowded with eager spectators. You would fancy him a
madman when you see him walking along the most devious paths. But in
truth he is seeking for the traces of lost facts in rough woods and
thickets[322]. He walks not as other men walk. His path is the book
from which he reads; he _shows_ what he is saying; he proves what he
hath learned; by his steps he divides the rights of hostile claimants;
and like a mighty river he takes away the fields of one side to bestow
them on the other.
'Wherefore, acting on our instructions, choose such a land surveyor,
whose authority may be sufficient to settle this dispute, that the
litigants may henceforth cultivate their lands in peace.' |
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3 - 53 KING THEODORIC TO THE ILLUSTRIOUS APRONIANUS, COUNT OF THE PRIVATE
DOMAINS: On Water-finders.
| 'Your Greatness tells us that a water-finder has come to Rome from
Africa, where, on account of the dryness of the soil, his art is
greatly in request.
'We are glad to hear it. It is a very useful art.
'Signs of the existence of water are the greenness of the grass, the
size of the trees, the nature of the plants, reeds, rushes, brambles,
willows, poplars, &c. Some discover water by putting out dry wool
under a bowl at night. So too, if you see at sunrise a cloud [or
gossamer, 'spissitudinem'] of very small flies. A mist rising like a
column shows water as deep below as the column rises high above.
'The water-finder will also predict the quality of the water, and so
prevent you from wasting labour on a brackish spring. This science was
ably treated of by ----[323], and by Marcellus among the Latins. They
tell us that waters which gush forth towards the east and south are
light and wholesome; that those which emerge towards the north and
west are too cold and heavy.
'So then, if the testimonials of the aforesaid water-finder and the
results of his indications shall approve themselves to your wisdom,
you may pay his travelling expenses and relieve his wants: he having
to repay you by his future services. For though Rome itself is so
abundantly supplied with aqueducts, there are many suburban places in
which his help would be very useful. Associate with him also a
mechanician who can sink for and raise the water when he has pointed
it out. Rome ought not to lack anything which is an object of
desire.' |
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4 - 1 KING THEODORIC TO HERMINAFRID, KING OF THE THURINGIANS: Marriage of Theodoric's niece to the King of the
Thuringians.
| 'Desiring to unite you to ourselves by the bonds of kindred, we bestow
upon you our niece [Amalabirga, daughter of Theodoric's sister; see
'Anon. Valesii' § 70], so that you, who descend from a Royal stock,
may now far more conspicuously shine by the splendour of Imperial
blood[324]'. [A remarkable passage, as showing that Theodoric did in a
sense consider himself to be filling the place of the Emperors of the
West.]
The virtues and intellectual accomplishments of the new Queen of the
Thuringians are described.
'We gladly acknowledge the price of a favour, in itself beyond price,
which, according to the custom of the nations, we have received from
your ambassadors: namely, a team of horses, silvery in colour, as
wedding-horses should be. Their chests and thighs are suitably adorned
with round surfaces of flesh. Their ribs are expanded to a certain
width. They are short in the belly. Their heads have a certain
resemblance to the stag, the swiftness of which animal they imitate.
These horses are gentle from their extreme plumpness; very swift
notwithstanding their great bulk; pleasant to look at, still better
to use. For they have gentle paces, not fatiguing their riders by
insane curvetings. To ride them is repose rather than toil; and being
broken-in to a delightful and steady pace, they can keep up their
speed, over long distances.
'We too are sending you some presents, but our niece is the fairest
present of all. May God bless you with children, so that our lines may
be allied in future.' |
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4 - 2 KING THEODORIC TO THE KING OF THE HERULI. [Adopting him as his son
by right of arms.]: Herminafrid adopted as 'filius per arma' by Theodoric
| 'It has been always held amongst the nations a great honour to be
adopted as "filius per arma." Our children by nature often disappoint
our expectations, but to say that we esteem a man _worthy to be our
son_ is indeed praise. As such, after the manner of the nations and in
manly fashion, do we now beget you[325].
'We send you horses, spears, and shields, and the rest of the
trappings of the warrior; but above all we send you our judgment that
you are worthy to be our son[326]. Highest among the nations will you
be considered who are thus approved by the mind of Theodoric.
'And though the son should die rather than see his father suffer aught
of harm, we in adopting you are also throwing round you the shield of
our protection. The Heruli have known the value of Gothic help in old
times, and that help will now be yours. A and B, the bearers of these
letters, will explain to you in Gothic (patrio sermone) the rest of
our message to you[327]. |
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4 - 3 0KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES:Conferring upon him the dignity of 'Comitiva Patrimonii.'.
| 'The master's fame is enhanced by choosing the right persons for his
servants. The Sovereign ought to promote such persons that whenever he
condescends to behold them he may feel that his _judicia_[328] have
been justified. We therefore hereby bestow upon you, for the fourth
Indiction [Sept. 1, 510], the Illustrious dignity of Comes of our
Patrimony.'
Services of Senarius as a diplomatist, in standing up against
Barbarian Kings and subduing their intellects to the moderate counsels
of Theodoric[329].
His success as an advocate[330]. The charm of his pronunciation. His
purity of morals; his popularity with high and low. He is exhorted
still to cultivate these dispositions, and to win favour for his
office by his affable demeanour. |
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4 - 5 KING THEODORIC TO AMABILIS, VIR DEVOTUS[332] AND COMES: Supply of provisions to famine-stricken Provinces of Gaul.
| 'Having heard that there is dearth in our Gaulish Provinces we direct
your Devotion to take bonds from the shipmasters along the whole
western coast of Italy (Lucania, Campania, and Thuscia) that they will
go with supplies of food only to the Gauls, having liberty to dispose
of their cargoes as may be agreed between buyer and seller. They will
find their own profit in this, for there is no better customer for a
corn-merchant than a hungry man. He looks on all his other possessions
as dross if he can only supply the cravings of necessity. He who is
willing to sell to a man in this condition almost seems to be _giving_
him what he needs, and can very nearly ask his own price.'
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4 - 6 0KING THEODORIC TO SYMMACHUS, VIR ILLUSTRIS, PATRICIAN: The sons of Valerian to be detained in Rome.
| 'The Spectabilis Valerian, who lives at Syracuse, wishes to return
thither himself, but that his sons, whom he has brought to Rome for
their education, may be detained in that City.
'Let your Magnificence therefore not allow them to leave the aforesaid
City till an order has been obtained from us to that effect. Thus will
their progress in their studies be assured, and proper reverence be
paid to our command. And let none of them think this a burden, which
should have been an object of desire[333]. To no one should Rome be
disagreeable, for she is the common country of all, the fruitful
mother of eloquence, the broad temple of the virtues: it is a striking
mark of our favour to assign such a City as a residence to any of our
subjects[334].' |
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4 - 7 KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES PRIVATARUM: Losses by shipwreck to be refunded to those who were
sending provisions to Gaul.
| 'Any calamity which comes upon a man from causes beyond his control
ought not to be imputed to him as a fault. The pathetic petition of
the Superintendents of Grain[335] informs us that the cargoes which
they destined for Gaul have perished at sea.
[Footnote 335: 'Prosecutores frumentorum.' It would seem that these
are not merchants supplying the famine-stricken Provinces of Gaul as a
private speculation (according to iv. 5), but public officers who have
had certain cargoes of corn entrusted to them from the State
magazines, and who, but for this letter, would be bound to make good
the loss suffered under their management.]
'The framework of the timbers of the ships gaped under the violence of
the winds and waves, and from all that overabundance of water nothing
remains to them but their tears.
'Let your Sublimity therefore promptly refund to them the proportion
(modiatio) which each of them can prove that he has thus lost. It
would be cruel to punish them for having merely suffered shipwreck.' |
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4 - 9 KING THEODORIC TO OSUIN, VIR ILLUSTRIS AND COMES.
'Maurentius and Paula, who are left orphans, inform us that their
youth and helplessness expose them to the attacks of many unscrupulous
persons.
'Let your Sublimity therefore cause it to be known that any suits
against them must be prosecuted in our Comitatus, the place of succour
for the distressed and of sharp punishment for tricksters.' |
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4 - 10 KING THEODORIC TO JOANNES, SENATOR AND CONSULARIS OF CAMPANIA: The lawless custom of Pignoratio is to be repressed.
| [A custom had apparently grown up during the lawless years of the
Fifth Century, of litigants helping themselves, during the slow
progress of the suit, to a 'material guarantee' from the fields of
their opponents. This custom, unknown apparently at the time of the
Theodosian Code, was called 'Pignoratio,' and was especially rife in
the Provinces of Campania and Samnium.]
'How does peace differ from the confusion of war, if law-suits are to
be settled by violence? We hear with displeasure from our Provincials
in Campania and Samnium that certain persons there are giving
themselves up to the practice of _pignoratio_. And so far has this
gone that neighbours club together and transfer their claims to some
one person who "pignorates" for the whole of them, thus in fact
compelling a man to pay a debt to an entire stranger--a monstrous
perversion of all the rules of law, which separates so delicately
between the rights even of near relations, and will not allow the son
to be sued for the father's debts unless he is the heir, nor the wife
for the husband's unless she has succeeded to the estate. Hitherto our
ignorance has allowed this lawless practice to exist. Now that we know
of it we are determined to suppress it. Therefore, firstly, if any man
lays violent hands on any property to secure an alleged claim, he
shall at once forfeit that claim [and restore the _pignus_]. Secondly,
where one has "pignorated" for another, he shall be compelled to
restore twofold the value of that which he has taken. Thirdly, if any
offender is so poor and squalid that restitution cannot be compelled
from him, he shall be beaten with clubs.' |
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4 - 12 KING THEODORIC TO MARABAD, VIR ILLUSTRIS AND COMES; AND GEMELLUS,
SENATOR: Archotamia's complaint against the extravagant widow of her
grandson.
| 'It is our purpose not only to defend by arms but to govern by just
laws the Provinces which God has subjected to us.
'Archotamia, an illustrious lady who has lost her grandson by death,
complains that his widow Aetheria, having married again with a certain
Liberius, is wasting the property of her children in order to make
her new home appear more splendid.
'Let your Sublimities enquire into this matter. After suppressing all
violent action[337], placing the holy Gospels in the midst of the
Court, and calling in three honourable persons agreed upon by the
parties, as assessors, decide with their help upon the matter
according to ancient law, due reference being had to the arrangements
of modern times.' |
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4 - 13 KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES PRIVATARUM: Supplies for Colossaeus and his suite.
| 'Let Colossaeus, who is sent as Governor to Pannonia Sirmiensis, have
rations for himself and suite, according to ancient usage. [For his
appointment, see Letters iii. 23 and 24.]
'A hungry army cannot be expected to preserve discipline, since the
armed man will always help himself to that which he requires. Let him
have the chance of buying, that he may not be forced to think what he
can plunder. Necessity loves not a law[338], nor is it right to
command the many to observe a moderation which even the few can barely
practise.' |
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4 - 14 KING THEODORIC TO THE SAJO GESILA: Evasion of land-tax by Goths in Picenum and Thuscia.
| 'It is a great offence to put off the burden of one's own debts upon
other people. That man ought to pay the "tributum" for a property who
receives the income of it. But some of the Goths in Picenum and the
two Tuscanies[339] are evading the payment of their proper taxes[340].
This vicious practice must be suppressed at once, lest it spread by
imitation. If anyone in a spirit of clownish stubbornness shall still
refuse to obey our commands as expressed through you, affix the proper
notice to his houses and confiscate them, that he who would not pay a
small debt may suffer a great loss[341]. None ought to be more prompt
in their payments to the exchequer than those [the Goths] who are the
receivers of our donative. The sum thus given by our liberality is
much more than they could claim as soldiers' pay. In fact _we_ pay
them a voluntary tribute by the care which we have of their fortunes.'
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4 - 15 KING THEODORIC TO BENENATUS, SENATOR: New rowers to be selected. Their qualifications.
| 'Being informed by the Illustrious and Magnificent Count of the
Patrimony that twenty-one of the _Dromonarii_ [rowers in the
express-boats] have been removed by the inconvenient incident of
death, we hereby charge you to select others to fill their places. But
they must be strong men, for the toil of rowing requires powerful arms
and stout hearts to battle with the stormy waves. For what is in fact
more daring than with one's little bark to enter upon that wide and
treacherous sea, which only despair enables a man successfully to
combat?'
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4 - 16 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: Arigern entrusted with the charge of the City of Rome.
| 'Some time ago we committed the government of our new Gaulish
Provinces to Arigern, a member of your body, that he might by his
firmness and prudence bring about a settlement in that agitated
country. This he has accomplished to our entire satisfaction, and,
practising the lessons which he learned in your midst, he has also
brought back warlike trophies from thence. We now decide to bestow
upon him the charge of the Roman order.
'He is to see that the laws are vigorously administered, and that
private revenge has no place.
'Receive, O Conscript Fathers, your honoured and venerable member back
into your bosom.' |
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4 - 17 KING THEODORIC TO IDA, VIR SUBLIMIS AND DUX: Possessions of the Church of Narbonne to be restored to
it.
| 'We do not wish to disturb anything that has been well settled by a
preceding King. Certain possessions of the Church of Narbonne, which
were secured to it by grant of the late King Alaric of exalted memory,
have been wrongfully wrested from it. Do you now restore these. As you
are illustrious in war, so be also excellent in "civilitas." The
wrong-doers will not dare to resist a man of your well-known bravery.'
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4 - 18 KING THEODORIC TO ANNAS, SENATOR AND COMES: A priestly Ghoul.
| 'Enquire if the story which is told us be true, namely that the
Presbyter Laurentius has been groping for fatal riches among human
corpses. An odious inversion of his functions, that he who should
preach peace to the living has been robbing the dead, and that hands
which have been touched with the oil of consecration should have been
grasping at unholy gains, instead of distributing his own honestly
acquired substance to the poor. If after diligent examination you
find that the charge is true, you must make him disgorge the gold. As
for punishment, for the sake of the honour of the priesthood we leave
that to a higher Power[342].'
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4 - 19 KING THEODORIC TO GEMELLUS, SENATOR: The Siliquaticum not to be levied on corn, wine, and oil.
'The Prince should try to remedy the afflictions of his subjects.
Therefore, for the present time [probably on account of the scarcity
in Gaul], we decree that the tax of Siliquaticum, which Antiquity
ordained should be levied on all buyings and sellings, shall not be
levied on corn, wine, and oil. We hope thus to stimulate trade, and to
benefit not only the Provincials, who are our chief care, but also the
merchants. Let the ship that traverses the seas not fear our harbours.
Often the sailor dreads the rapacity of the collector of customs more
than the danger of shipwreck. It shall not be so now.' |
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4 - 20 KING THEODORIC TO GEBERICH, SENATOR: Land taken from the Church to be restored to it.
| 'If we are willing to enrich the Church by our own liberality, _Ã
fortiori_ will we not allow it to be despoiled of the gifts received
from pious princes in the past.
'The supplication of the Venerable Bishop Constantius informs us that
a _jugum_ [= jugerum, about two-thirds of an English acre] of land so
bestowed on the "sacrosanct" Church has been taken away from her, and
is unlawfully held by the despoiler.
'See that right is done, and that the Church has her own restored to
her without any diminution.' |
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4 - 21 KING THEODORIC TO GEMELLUS, SENATOR: Promptness and integrity required.
| 'Be prompt in the execution of our orders. No one should think our
commands harsh, since they are excused by the necessity of the times.
[Reject the thought of all unjustly acquired gains, for] you are sure
to receive from our favour all that you seem to lose by not yielding
to temptation.'
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4 - 23 KING THEODORIC TO ARIGERN, VIR ILLUSTRIS AND COMES: Roman Senators accused of magic.
| These two letters relate to the affair of Basilius[343] and
Praetextatus, men of high rank in Rome. They are accused of practising
magical arts, and in the interval between the first and second letters
they escape from prison by taking advantage of the insanity of the
gaoler.
Theodoric, who says that he will not suffer any such acts of treason
against the Divine Majesty, and that it is not lawful for Christian
times to deal in magical arts, orders the recapture of the offenders,
who are to be handed over to a Quinque-viral Board, consisting of the
Patricians Symmachus, Decius, Volusianus, and Caelianus, with the
Illustrious Maximian, and by them examined; if guilty to be punished
(probably with confiscation and exile); if innocent, of course to be
discharged[344]. |
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4 - 25 KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS, PRAEFECTUS URBIS: Petrus to be inscribed as Senator.
| 'Ambition ennobles man, and he who has aimed when young at high
honours is often stimulated to lead a worthy life by the fact of
having obtained them. We therefore look favourably on the petition of
Petrus, illustrious by descent, and in gravity of character already a
Senator, to enter the Sacred Order (the Senate); and we authorise your
Illustrious Magnificence to inscribe his name, according to ancient
custom, in the album of that body.'
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4 - 28 KING THEODORIC TO DUDA, SENATOR AND COMES: Petrus assaulted by the Sajo who was assigned for his
protection.
| Both letters relate to the affair of Petrus (a Vir Spectabilis, and
probably the same whose admission to the Senate is ordered by iv. 25).
This Roman nobleman, according to a usage common under Theodoric's
government, has had the Gothic Sajo Amara assigned to him as his
Defensor. Amara, by an inversion of his functions, which the letter
bitterly laments and upbraids, has turned upon his _protegé_ and even
used personal violence towards him. He has drawn a sword and wounded
him in the hand; and nothing but the fact that Petrus was sheltered by
a door saved him from losing his hand altogether.
Yet, notwithstanding this assault, Amara has had the audacity to claim
from his victim 'commodi nomine,' the usual payment made by the
defended to the defender.
The first letter decrees that this shall be refunded twofold, and
assigns Tezutzat instead of Amara to the office of Defender, warning
him not to follow the evil example of his predecessor.
The second assigns to Duda the task of enquiring into the alleged
assault and punishing it with the sword[346]. |
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4 - 29 KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS, PRAEFECT OF THE CITY: Official tardiness rebuked.
| A sharp rebuke to him for having (if the _suggestio_ of the
Clarissimus Armentarius be correct) so long delayed, it is to be
feared with a corrupt motive, complying with the instructions of the
King to do justice in some case (not described) in which the honour of
the Senate is concerned. As head of the Senate he ought to have been
eager to examine into it, without any prompting from his master.
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4 - 30 KING THEODORIC TO ALBINUS, VIR ILLUSTRIS AND PATRICIAN: Workshops may be erected above the Porticus Curba, by the
Roman Forum.
| 'Those whom the Republic has honoured should in their turn bring
honour to the City. We are therefore gratified by receiving your
supplication for leave to erect workshops[347] above the Porticus
Curba, which being situated near the Domus Palmata, shuts in the Forum
in comely fashion "in modum areae." We like the plan. The range of
private dwellings will thereby be extended. A look of cheerful newness
will be given to the old walls; and the presence of residents in the
building will tend to preserve it from further decay. You have our
permission and encouragement to proceed, if the proposed erections do
not in any way interfere with public convenience or the beauty of the
City.'
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4 - 31 KING THEODORIC TO AEMILIANUS, VIR VENERABILIS, BISHOP: An aqueduct to be promptly finished.
| 'Wise men should finish what they have begun, and not incur the
reproach which attends half-done work.
'Let your Holiness therefore promptly complete what by our authority
you so well began in the matter of the aqueduct, and thus most fitly
provide water for your thirsting flock, imitating by labour the
miracle of Moses, who made water gush forth from the flinty rock.' |
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4 - 32 KING THEODORIC TO DUDA THE SAJO.
| 'We are anxious strictly to obey the laws, and to take no advantage
over our subjects in courts of justice. If a man knows that he can get
his own by legal process, even from the Sovereign, he is the less
likely to seek it by the armed hand. The memorandum of Marinus informs
us that the property of Tupha was long ago mortgaged to a certain
Joannes[348]. But since it is quite clear that the property of a
proscribed man belongs to our fiscus, we desire you to summon the
widow of this Joannes and his secretary Januarius, "moderata
executione."
[Footnote 348: 'Marini relatione comperimus res Tuphae apud Joannem
quondam sub emissione chirographi fuisse depositas.']
'If they acknowledge that they have no right to the property let them
at once restore it; but if not, let them come before the _Consularis_
of Campania and establish their right according to course of law.
'But let all be done without loss or prejudice to the rights of
innocent persons. If any such charge be established against you, _you_
will become the offender in our eyes.' |
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4 - 33 KING THEODORIC TO ALL THE JEWS OF GENOA: Privileges of the Jews confirmed.
| 'The true mark of _civilitas_ is the observance of law. It is this
which makes life in communities possible, and which separates man from
the brutes. We therefore gladly accede to your request that all the
privileges which the foresight of antiquity conferred upon the Jewish
customs shall be renewed to you[349], for in truth it is our great
desire that the laws of the ancients shall be kept in force to secure
the reverence due to us[350]. Everything which has been found to
conduce to _civilitas_ should be held fast with enduring devotion.'
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4 - 34 KING THEODORIC TO DUDA THE SAJO: Buried treasure to be reclaimed for the State.
| 'It is the part of true prudence to recall to the uses of commerce
"the talent hidden in the earth." We therefore direct you, by this
"moderata jussio," where you hear of buried treasures to proceed to
the spot with suitable witnesses and reclaim for the public Treasury
either gold or silver, abstaining, however, from actually laying hands
on the ashes of the dead[351]. The dead can do nothing with treasure,
and it is not greedy to take away what the holder of it can never
mourn the loss of.
[Footnote 351: How this was to be done is not quite clear, since it is
plain that this letter is really and chiefly an order for rifling
_sepulchres_ in search of buried treasure.]
'Eacus is said to have discovered the use of gold, and Indus, King of
the Scythians, that of silver. They are extremely useful metals.' |
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4 - 35 KING THEODORIC TO THE REPRESENTATIVES (ACTORES) OF ALBINUS: An extravagant minor. .
| 'It has been wisely decided by Antiquity that minors cannot make a
binding contract, for they are naturally the prey of every sharper.
You allege that your _patronus_ [Albinus] is under age, that he is
heaping up expenses instead of property, and that his raw boyhood does
not know what is really for his benefit. If this be correct, and be
legally proved, he is entitled to a _restitutio in integrum_' [a suit
commenced through these Actores for the quashing of the contracts
which have been fraudulently made with the minor].
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4 - 36 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT. A.D. 509-510: Remission of taxes for Provincials of Cottian Alps.
| 'A wise ruler will always lessen the weight of taxation when his
subjects are weighed down by temporary poverty. Therefore let your
Magnificence remit to the Provincials of the Cottian Alps the _as
publicum_ for this year [the third Indiction], in consideration of
their losses by the passage of our army. [The army of Ibbas, on its
march in 408 to fight Clovis, after the fall of the Visigothic
Monarchy.] True, that army went forth with shouts of concord to
_liberate_ Gaul. But so a river bursting forth may irrigate and
fertilise a whole country, and yet destroy the increase of that
particular channel in which its waters run.
'We have earned new subjects by that campaign: we do not wish them to
suffer loss by it. Our own heart whispers to us the request which the
subjects dare not utter to their Prince.' |
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4 - 37 KING THEODORIC TO THE ILLUSTRIOUS WOMAN THEODAGUNDA: Theodagunda is admonished to do justice to Renatus.
| Warns Theodagunda [apparently a member of the royal family and
governing some Province; but what place could she hold in the Roman
official hierarchy?], that she must emulate the virtue of her
ancestors and show prompt obedience to the royal commands. 'The
lamentable petition of Renatus states that, after judgment given in
his favour by the King's Court, he is still harassed by the litigation
(not in the way of regular appeal) of Inquilina, who appears to be not
so much desirous of victory as anxious to ruin his adversary.'
[Notwithstanding the form of the name I think Inquilina is male, not
female.]
'You must see that this is put right at once.' |
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4 - 38 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: Taxes must be reduced to the figure at which they stood in
the days of Odoacer.
| 'The inhabitants of Gravasi (?) and Ponto (?) complain that they have
been overloaded with taxes by the Assessors (discussores) Probus and
Januarius. They have bad land, and say that they really cannot cope
with the taxes imposed upon them [at the last Indiction?]. The former
practice is to be reverted to, and they are not to be called upon to
pay more than they did in the days of Odoacer.' [An evidence that in
one case at least the fiscal yoke of Odoacer was lighter than that of
his successor.]
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4 - 39 KING THEODORIC TO THEODAHAD, VIR ILLUSTRIS [AND NEPHEW OF THE
KING]: The encroachments of Theodahad repressed.
| 'Avarice, which Holy Writ declares to be "the root of all evil," is a
vulgar vice which you, our kinsman, a man of Amal blood, whose family
is known to be royal, are especially bound to avoid[352].
[Footnote 352: 'Amali sanguinis virum nos decet vulgare desiderium:
quia genus suum conspicit esse purpuratum.']
'The Spectabilis Domitius complains to us that such and such portions
of his property have been seized by you with the strong hand, without
any pretence of establishing a legal claim to them.
'We send the Sajo Duda to you, and order you on his arrival[353],
without any delay, to restore the property which you have taken
possession of, with all the moveables of which you have despoiled it.
[Footnote 353: 'Si momenti tempora suffragantur.' What is the meaning
of this limitation?]
'If you have any claim to make to the lands in question, send a person
fully informed of the facts to our Comitatus, and there let the case
be fairly heard.
'A high-born man should ever act according to well-ordered
_civilitas_. Any neglect of this principle brings upon him odium,
proportioned to the oppression which the man of humbler rank conceives
himself to have suffered at his hands.' |
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4 - 40 KING THEODORIC TO THE REPRESENTATIVES (ACTORES) OF PROBINUS: The affair of Agapeta. Basilius, her husband, ordered to plead.
| Recurs to the case of the Possessio Areciretina, which Agapeta, the
wife of Basilius, had given (or sold) to Probinus, and which Probinus
was commanded to restore. (See Letters ii. 10 and 11.)
The petition, now presented by the representatives of Probinus, puts a
somewhat different face upon the matter, and seems to show that the
sale by Agapeta (notwithstanding her melancholy condition of fatuity
and vice) was a _bonâ fide_ one, for sufficient consideration.
Her husband Basilius is now ordered to reply to the pleadings of the
opposite party, either at the King's Comitatus, or in some local court
of competent jurisdiction. The King's Comitatus is meant to be a
blessing to his subjects, and recourse to it is not made compulsory
where, on account of distance, the suitor would rather be excused from
resorting to it. |
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4 - 41 KING THEODORIC TO JOANNES, ARCH-PHYSICIAN: An unjust judgment against Joannes reversed.
| 'A King should delight to succour the oppressed.
'You inform us that, by the devices of the Spectabilis Vivianus and
his superior knowledge of the laws, an unjust judgment was obtained
against you, in default, in the Court of the Vicarius of the City of
Rome: that Vivianus himself has now renounced the world, repents of
his injustice to you, and interposes no obstacle to the restitution of
your rights. We therefore (if your statements shall prove to be
correct) quash the sentence against you, restore you to your country
and your property, and that you may be preserved from future
molestation, founded on the old sentence against you, we assign you to
the guardianship (tuitio) of the Patrician Albinus, without prejudice
to the laws (salvis legibus).
'We wish that nothing contrary to _civilitas_ should be done, since
our daily labour is for the repose of all.' [I presume that this
letter is in fact an edict for 'Restitutio in integrum.'] |
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4 - 42 KING THEODORIC TO ARGOLICUS, PRAEFECT OF THE CITY: The sons of Velusian to have their property restored to
them.
| 'Under a good King the loss even of a father should be less felt than
with a different ruler, for the King is the father of his people.
'The petition of Marcian and Maximius, sons of Velusian (Patrician and
Magnificus), sets forth that they lost their father at Easter; that
thus the time of joy to all Christians became to them a season of
sorrow; that while they were immersed in their grief and incapable of
attending to their affairs, "the tower of the circus and the place of
the amphitheatre[354]," which had belonged to their illustrious
father, were by some heartless intriguer wrested from them, under the
authority of the Praefect.
[Footnote 354: Can this be the Amphitheatrum Castrense?]
'Be pleased to enquire into this matter, and if those places truly
belonged to Velusian, restore them to his sons. We wish to cherish
rather than oppress the sons of illustrious men, who are the germ of
our future Senate.' |
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4 - 43 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: Punishment of incendiaries who have burned a Jewish
Synagogue.
| [On the burning of the Jewish synagogue. This synagogue of the Jews
was in the Trastevere. See Gregorovius i. 296-298 for a description of
it. I do not know on what authority he assigns 521 for the date of
the tumult in which it was burned.]
'The propriety of manners which is characteristic of the City of Rome
must be upheld. To fall into the follies of popular tumult, and to set
about burning their own City, is not like the Roman disposition[355].
[Footnote 355: 'Levitates quippe seditionum et ambire propriae
civitatis incendium, non est velle Romanum.']
'But we are informed by Count Arigern[356] that the populace of Rome,
enraged at the punishment inflicted on some Christian servants who had
murdered their Jewish masters, has risen in fury and burned their
synagogue to the ground[357], idly venting on innocent buildings their
anger against the men who used them.
[Footnote 356: It happens that one of the letters addressed to Count
Arigern also refers to a Jewish synagogue. See iii. 45.]
[Footnote 357: 'Quod in dominorum caede proruperit servilis audacia:
in quibus cum fuisset pro districtione publicâ resecatum, statim
plebis inflammata contentio synagogam temerario duxerunt incendio
concremandam.' The above is Gregorovius' explanation of the somewhat
enigmatical language of Cassiodorus.]
'Be pleased to enquire into this matter, and severely punish the
authors of the tumult, who are probably few in number.
'At the same time enquire into the complaints which are brought
against the Jews, and if you find that there is any foundation for
them, punish accordingly.' |
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4 - 44 KING THEODORIC TO THE VENERABLE ANTONIUS, BISHOP OF POLA: Bishop Antonius called upon to do justice to Stephanus.
| 'It is an invidious task to have to listen to complaints against the
revered ministers of the Church.
'But the petition of Stephanus sets forth that a property, which
belonged to him before the time of your predecessor, has, within the
last nine months, wrongfully, and in defiance of _civilitas_, been
seized by the officers of your church. If this be so, we desire you,
as a matter of justice, to correct what your familiars have done
amiss, and restore it to him without delay. But if you dispute his
title, send a properly instructed person to plead the cause in our
Comitatus.
'You will be better off by having the matter enquired into and
settled, than if the complaints of Stephanus had never come to a
hearing[358].' |
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4 - 47 KING THEODORIC TO GUDISAL THE SAJO: Abuses of the Cursus Publicus.
| 'If the public post-horses (veredi) are not allowed proper intervals
of rest they will soon be worn out.
'We are informed by our _legati_ that these horses are constantly
employed by persons who have no right to use them.
'You are therefore to reside in Rome, and to put yourself in constant
communication with the officers of the Praefectus Praetorio and the
Magister Officiorum, so as not to allow any to leave the City using
the horses of the _Cursus Publicus_ except the regularly commissioned
agents of those two functionaries. Anyone transgressing is to pay a
fine of 100 solidi (£60) per horse; not that the injury to the animal
is represented by so high a figure, but in order to punish his
impertinence. Our Sajones, when sent with a commission, are to go
straight to the mark and return, not to make pleasure-tours at the
public expense; and if they disobey this order, they are to pay the
same fine as that just mentioned.
'Moreover, the extra horses (parhippi) are not to be weighted with a
load of more than 100 lbs. For we wish our messengers[361] to travel
in light marching order, not to make of their journey a regular
domestic migration.
[Footnote 361: 'Mittendarii.' A 'Scrinium Mittendariorum' formed part
of the staff of the Count of Sacred Largesses. See Theodosian Code vi.
30. 7.]
'Cranes, when they are going to cross the sea, clasp little pebbles
with their claws, in order to steady without overweighting themselves.
Why cannot those who are sent on public errands follow so good an
example? Every transport master[362] who violates this rule by loading
a horse with more than 100 lbs. shall pay 50 solidi (£30).
[Footnote 362: 'Catabulensis.' See iii. 10.]
'All fines levied under this edict are to go to the benefit of the
postal-servants[363], and thus the evil will, as we so often see in
human affairs, furnish its own remedy.' |
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4 - 48 KING THEODORIC TO EUSEBIUS, VIR ILLUSTRIS: Honourable retirement of Eusebius.
| 'After the worries of the noisy City, and the heavy burden of your
official duties, your Greatness is longing to taste the sweetness of
country life. When therefore you have finished your present duties, we
grant you by our authority a holiday of eight months in the charming
recesses of Lucania [near Cassiodorus' own country], to be reckoned
from the time when by Divine [royal?] favour you depart from the City.
When those months are at an end, return with speed, much missed as you
will be, to your Roman habitation, to the assembly of the nobles, and
to social intercourse of a kind that is worthy of your character.'
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4 - 49 KING THEODORIC TO ALL THE PROVINCIALS AND THE LONG-HAIRED
MEN[364], THE DEFENSORES AND THE CURIALES RESIDING IN SUAVIA[365]: Fridibad to be Governor of Suavia, and to punish
freebooters.
| 'The King's orders must be vigorously executed, that terror may be
struck into the hearts of the lawless, and that those who have
suffered violence may begin to hope for better days. Often the threat
of punishment does more to quiet a country than punishment itself.
Therefore, under Divine guidance, we have appointed Fridibad to be
your Governor.
'He will punish cattle-lifters with due severity, will cut off
murderers, condemn thieves, and render you, who are now torn by
presumptuous iniquity, safe from the daring attempts of villains. Live
like a settled people; live like men who have learned the lessons of
morality; let neither nationality nor rank be alleged as an excuse
from these duties. If any man gives himself up to wicked courses, he
must needs undergo chastisement.' |
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4 - 50 KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT: Remission of taxes for Campanians who have suffered from an
eruption of Vesuvius.
| 'The Campanians complain that their fields have been devastated by an
eruption of Vesuvius, and ask in consequence for a remission of
tribute. [This eruption is assigned--I do not know on what
authority--to the year 512[366].]
'Let your Greatness send men of proved integrity to the territories of
Neapolis and Nola, who may examine the ravaged lands for themselves,
and proportion the relief granted, to the amount of damage done in
each case.
'That Province is visited at intervals by this terrible calamity, as
if to mar its otherwise perfect happiness. There is one favourable
feature in the visitation. It does not come wholly unawares. For some
time before, the mountain groans with the strife of Nature going on
inside it, and it seems as if an angry spirit within would terrify all
the neighbourhood by his mighty roar. Then the air is darkened by its
foul exhalations; hot ashes scudding along the sea, a shower of drops
of dust upon the land, tell to all Italy, to the transmarine
Provinces, to the world, from what calamity Campania is
suffering[367].
'Go nearer: you will see as it were rivers of dust flowing, and
glowing streams of barren sand moving over the country. You see and
wonder: the furrows of the fields are suddenly lifted to a level with
the tops of the trees; the country, which but now was dressed in a
robe of gladsome greenness, is laid waste by sudden and mournful heat.
And yet, even those sandy tracts of pumice-stone which the mountain
vomits forth, dry and burnt up as they appear, have their promise of
fertility. There are germs within them which will one day spring to
life, and re-clothe the mountain side which they have wasted.
'How strange that one mountain alone should thus terrify the whole
world! Other mountains may be seen with silently glowing summits; this
alone announces itself to distant lands by darkened skies and changed
air. So it still goes on, shedding its dusty dews over the land; ever
parting with its substance, yet a mountain still undiminished in
height and amplitude. Who that sees those mighty blocks in the plain
would believe that they had boiled over from the depths of that
distant hill, that they had been tossed like straws upon the wind by
the angry spirit of the mountain?
'Therefore let your Prudence so manage the enquiry that those who have
really suffered damage shall be relieved, while no room is left for
fraud.' |
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4 - 51 KING THEODORIC TO SYMMACHUS, PATRICIAN: Commends the public spirit of Symmachus, as shown in the
restoration of Pompey's theatre.
| Commends him for the diligence and skill with which he has decorated
Rome with new buildings--especially in the suburbs, which no one would
distinguish from the City except for the occasional glimpses of
pleasant fields; and still more for his restoration of the massive
ruins of past days[369], chiefly the theatre of Pompeius.
[Footnote 369: We have here a striking description of the massive
strength of the public buildings of Rome: '[Videmus] caveas illas
saxis pendentibus apsidatas ita juncturis absconditis in formas
pulcherrimas convenisse, ut cryptas magis excelsi montis crederes quam
aliquid fabricatum esse judicares.']
As the letter is addressed to a learned man, it seems a suitable
opportunity to explain why Antiquity reared this mighty pile.
Accordingly a very long digression follows on the origin, progress,
and decline of Tragedy, Comedy, and Pantomime.
It is remarked incidentally that Pompeius seems to have derived his
appellation _Magnus_ chiefly from the building of this wonderful
theatre.
The expense which Symmachus has been put to in these vast works is to
be refunded to him by the _Praepositus Sacri Cubiculi_, that he may
still have the glory of the work, but that the King may have done his
due part in preserving the memorials of Antiquity. |
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5 - 1 KING THEODORIC TO THE KING OF THE VANDALS: The King of the Vandals is thanked for his presents.
| 'The swords which you have sent us are most beautiful: so sharp that
they will cut other weapons; so bright that they reflect with a sort
of iron light[371] the face of the beholder; with the two blades
descending to their edges with such absolute equality of slope, that
you would fancy them the result of the furnace rather than of the
whetstone[372]; in the middle, between the blades, channels carved
which are filled in with beautiful enamel of various colours[373].
'Along with these arms you have also sent us musical instruments of
ebony, and slave boys of beautiful whiteness.
'We thank you heartily, send by A and B, our ambassadors, presents of
equal value; and hope that mutual concord will always unite our
States.' |
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5 - 2 KING THEODORIC TO THE HAESTI: The Haesti, dwellers by the Baltic. Their present of
amber.
| 'It is gratifying to us to know that you have heard of our fame, and
have sent ambassadors who have pressed through so many strange nations
to seek our friendship.
'We have received the amber which you have sent us. You say that you
gather this lightest of all substances from the shores of the ocean,
but how it comes thither you know not. But, as an author named
Cornelius [Tacitus] informs us, it is gathered in the innermost
islands of the ocean, being formed originally of the juice of a tree
(whence its name _succinum_[375]), and gradually hardened by the heat
of the sun.
'Thus it becomes an exuded metal, a transparent softness, sometimes
blushing with the colour of saffron, sometimes glowing with flame-like
clearness[376]. Then, gliding down to the margin of the sea, and
further purified by the rolling of the tides, it is at length
transported to your shores to be cast up upon them. We have thought it
better to point this out to you, lest you should imagine that your
supposed secrets have escaped our knowledge.
'We send you some presents by our ambassadors, and shall be glad to
receive further visits from you by the road which you have thus opened
up, and to show you future favours.' |
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5 - 4 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: Honoratus, brother of Decoratus, is made Quaestor.
| The usual pair of letters on the promotion of Honoratus to the
Quaestorship. He succeeds his brother Decoratus, whose early death
Theodoric regrets. The date of the letters is the Third Indiction,
September 1, 509.
The writer remarks on the prophetic instinct[377] of the parents, who
named these two sons, destined to future eminence, Decoratus and
Honoratus. Decoratus was originally an advocate at Rome. His services
were often sought by men of Consular rank, and before his admission to
the Senate he had had a Patrician for his client in a very celebrated
case[378].
When he became Quaestor he distinguished himself by his excellent
qualities. 'He stood beside us, under the light of our Genius, bold
but reverent; silent at the right time, fluent when there was need of
fluency. He kept our secrets as if he had forgotten them; he
remembered every detail of our orders as if he had written them down.
Thus was he ever an eminent lightener of our labours[379].'
The past career of the younger brother, Honoratus, who has been
advocate at Spoleto, and has had to contend with the corrupt
tendencies of Provincial judges, full of their little importance, and
removed from the wholesome control which the opinion of the Senate
exercised upon them at Rome, is then sketched; and the hope is
expressed that, in the words of the Virgilian quotation[380], this
bough upon the family tree will be found as goodly as that which it
has untimely lost.
The letter to the Senate has an interesting passage on the duties and
responsibilities of the Quaestor.
'It is only men whom we consider to be of the highest learning that we
raise to the dignity of the Quaestorship, such men as are fitted to be
interpreters of the laws and sharers of our counsels. This is an
honour which neither riches nor high birth by itself can procure, only
learning joined with prudence. In granting all other dignities we
confer favours, but from the holder of this we ever receive them. He
is favoured to have a share in our anxieties; he enters in by the
door of our thoughts; he is intimately acquainted with the breast in
which the cares of the whole State are weighed. Think what judgment
you ought to form of a man who is partaker of such a confidence. From
him we require skill in the laws; to him flow together all the prayers
of all suitors, and (a thing more precious than any treasure) to him
is committed our own reputation for _civilitas_. Under a just Quaestor
the mind of an innocent man is at rest: only the wicked become anxious
as to the success of their evil designs; and thus the bad lose their
hope of plunder, while more earnestness is shown in the practice of
virtue. It is his to safeguard the just rights of all men: temperate
in expenditure, lavish in his zeal for justice, incapable of
deception, prompt in succour. He serves that Sovereign mind before
which all bow: through his lips must he speak who has not an equal in
the land.' |
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5 - 5 KING THEODORIC TO THE SAJO MANNILA: Abuses of the Cursus Publicus.
| Repeats the injunctions given in Letter iv. 47 against improper use of
the public post-horses, and overloading of the extra horses. The fines
imposed are the same as in that letter [with the addition of a fine of
two ounces of gold (about £6 10s.) for overloading]; the examples from
Natural History are similar. 'The very bird when weighted with a load
flies slowly. Ships though they cannot feel their toils, yet move
tardily when they are filled with cargo. What can the poor quadruped
do when pressed by too great burden? It succumbs.'
But apparently this rule against overloading is not to apply to
Praepositi (Provincial Governors?), since 'reverenda antiquitas' has
given them special rights over the _Cursus Publicus_. |
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5 - 7 KING THEODORIC TO JOANNES, VIR CLARISSIMUS, ARCARIUS [TREASURER]e: Default in payments to Treasury made by Thomas. His
property assigned to his son-in-law Joannes.
| 'The _Vir Honestus_, Thomas, has long been a defaulter (reliquator) in
respect of the Indictions payable for certain farms which he has held
under the King's house in Apulia[382], and this default has now
reached the sum of 10,000 solidi (£6,000). Repeatedly summoned to pay,
he always procrastinates, and we can get no satisfaction out of him.
The petition of Joannes, who is son-in-law to Thomas, informs us that
he is willing to pay the 10,000 solidi due, if we will make over to
him the said farms, and all the property of his father-in-law. This we
therefore now do, reserving to Thomas the right to pay the debt at any
time before the next Kalends of September, and thus to redeem his
property. Failing such payment, the property is to pass finally into
the hands of Joannes, on his paying the 10,000 solidi to the
Illustrious Count of the Patrimony [possibly Stabularius].
[Footnote 382: 'Thomatem domus nostrae certa praedia suscepisse sed
eum male administrando suscepta usque ad decem millia solidorum de
Indictionibus illa atque illa reliquatorem publicis rationibus
extitisse.' It is not quite clear whether the debt is due as what we
should call rent or as land-tax. Perhaps the debt had accumulated
under both heads.]
'It may be some little consolation to Thomas to reflect that after all
it is his son-in-law who enters into possession of his goods.' |
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5 - 8 KING THEODORIC TO ANASTASIUS THE CONSULAR: Transport of marble from Faenza to Ravenna.
| 'We rely upon your Sublimity's zeal and prudence to see that the
required blocks of marble are forwarded from Faventia (Faenza) to
Ravenna, without any extortion from private individuals; so that, on
the one hand, our desire for the adornment of that city may be
gratified, and on the other, there may be no cause for complaint on
the part of our subjects.'
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5 - 9 KING THEODORIC TO THE POSSESSORES OF FELTRIA: New city to be built in district of Trient.
| 'We have ordered the erection of a new city in the territory of
Tridentum (Trient). As the work is great and the inhabitants few, we
order you all to assist and build each your appointed length
(pedatura) of wall, for which you will receive suitable pay.'
[This use of the word _pedatura_ is found in Vegetius, 'Epitoma Rei
Militaris' iii. 8, and is illustrated by the centurial stones on the
two great Roman walls in Britain, recording the number of feet
accomplished by each century of soldiers (See 'Archaeologia Aeliana,'
vol. ix. p. 28; paper by Mr. Clayton).]
'None, not even the servants of the royal house (divina domus), are
excepted from this order.' |
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5 - 10 KING THEODORIC TO THE GEPIDAE, ON THEIR MARCH TO GAUL: Payment to Gepidae on their march to Gaul.
| 'We desire that our soldiers should always be well paid, and that they
should never become the terror of the country which they are ordered
to defend. Do you therefore, Sajo Veranus, cause the Gepid troops whom
we have ordered to come to the defence of Gaul, to march in all peace
and quietness through Venetia and Liguria.
'You Gepidae shall receive three solidi (£1 16s.) per week; and we
trust that thus supplied you will everywhere buy your provisions, and
not take them by force.
'We generally give the soldiers their pay in kind, but in this case,
for obvious reasons, we think it better to pay them in money, and let
them buy for themselves.
'If their waggons are becoming shaky with the long journey, or their
beasts of burden weary, let them exchange for sound waggons and fresh
beasts with the inhabitants of the country, but on such terms that the
latter shall not regret the transaction.' |
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5 - 11 KING THEODORIC TO THEODAHAD, VIR ILLUSTRIS [NEPHEW OF THE KING]: Avarice and injustice of Theodahad.
| 'If all are bound to seek justice and to avoid ignoble gains, most
especially are they thus bound who pride themselves on their close
relationship to us.
'The heirs of the Illustrious Argolicus [probably the Praefect of
Rome] and the Clarissimus Amandianus complain that the estate[384] of
Palentia, which we generously gave them to console them for the loss
of the Casa Arbitana, has been by your servants, for no cause,
unbecomingly invaded; and thus you, who should have shown an example
of glorious moderation, have caused the scandal of high-handed
spoliation. Wherefore, if this be true, let your Greatness at once
restore what has been taken away; and if you consider that you have
any claims on the land, come and assert them in our Comitatus. Even
success yonder is injurious to your fame; but here, after full trial
of the case and hearing of witnesses, no one will believe that any
injustice has been done if your cause should triumph.' |
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5 - 12 KING THEODORIC TO EUTROPIUS AND ACRETIUS: Commissariat.
| 'We rely upon you to collect the prescribed rations and deliver them
to the soldiers. It is most important that they should be regularly
supplied, and that there should be no excuse for pillage, so hard to
check when once an army has begun to practise it.'
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5 - 13 KING THEODORIC TO SEVERI(A)NUS[385], VIR ILLUSTRIS (514-515): Financial abuses in Suavia.
| 'We send you to redress the long-standing grievances of the
Possessores of the Province of Suavia, to which we have not yet been
able to apply a remedy.
'(1) It appears that some of the chief Possessores are actually making
a profit out of the taxes, imposing heavy burdens on their poorer
neighbours and not honestly accounting for the receipts to us. See
that this is put right, that the land-tax (assis[386] publicus) is
fairly and equitably reimposed according to the ability of each
Possessor, and that those who have been oppressing their neighbours
heal the wounds which they have made.
'(2) See also that a strict account is rendered by all Defensores,
Curiales, and Possessores of any receipts on behalf of the public
Treasury. If a Possessor can show that he paid his tax (tributarius
solidus) for the now expired eighth Indiction (A.D. 514-515), and the
money has not reached our Treasury, find out the defaulter and punish
his crime.
'(3) Similarly with sums disbursed by one of the clerks of our
Treasury[387], for the relief of the Province, which have not reached
their destination.
'(4) Men who were formerly Barbarians[388], who have married Roman
wives and acquired property in land, are to be compelled to pay their
Indictions and other taxes to the public Treasury just like any other
Provincials.
'(5) Judges are to visit each town (municipium) once in the year, and
are not entitled to claim from such towns more than three days'
maintenance. Our ancestors wished that the circuits of the Judges
should be a benefit, not a burden, to the Provincials.
'(6) It is alleged that some of the servants of the Count of the Goths
and of the Vice-dominus (?) have levied black-mail on some of the
Provincials. Property so taken must be at once restored and the
offenders punished.
'(7) Enter all your proceedings under this commission in official
registers (polyptycha), both for your own protection and for the sake
of future reference, to prevent the recurrence of similar abuses.' |
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5 - 14
A long and interesting letter, but with some obscure passages. |
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5 - 15 KING THEODORIC TO ALL THE POSSESSORES IN SUAVIA: On the same subject.
| 'Although our Comitatus is always ready to redress the grievances of
our subjects, yet, on account of the length of the journey from your
Province hither, we have thought good to send the Illustrious and
Magnificent Severinus to you to enquire into your complaints on the
spot. He is a man fully imbued with our own principles of government,
and he has seen how greatly we have at heart the administration of
justice. We therefore doubt not that he will soon put right whatever
has been done wrong in your Province; and we have published our
"oracles" [the previous letter, containing Severinus' patent of
appointment], that all may know upon what principles he is to act, and
that those who have grievances against the present functionaries may
learn their rights.'
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5 - 16 KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT: Formation of a navy.
| 'By Divine inspiration we have determined to raise a navy which may
both ensure the arrival of the cargoes of public corn and may, if
need be, combat the ships of an enemy. For, that Italy, a country
abounding in timber, should not have a navy of her own hath often
stricken us with regret.
'Let your Greatness therefore give directions for the construction of
1,000 _dromones_ (swift cutters). Wherever cypresses and pines are
found near to the sea-shore, let them be bought at a suitable price.
'Then as to the levy of sailors: any fitting man, if a slave, must be
hired of his master, or bought at a reasonable price. If free, he is
to receive 5 solidi (£3) as donative, and will have his rations during
the term of service.
'Even those who were slaves are to be treated in the same way, "since
it is a kind of freedom to serve the Ruler of the State[389];" and are
to receive, according to their condition, two or three solidi (£1 4s.
or £1 16s.) of bounty money[390].
'Fishermen, however, are not to be enlisted in this force, since we
lose with regret one whose vocation it is to provide us with luxuries;
and moreover one kind of training is required for him who has to face
the stormy wind, and another for him who need only fish close to
shore.' |
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5 - 17 KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT: same subject.
| 'We praise you for your prompt fulfilment of the orders contained in
the previous letter. You have built a fleet almost as quickly as
ordinary men would sail one. The model of the triremes, revealing the
number of the rowers but concealing their faces, was first furnished
by the Argonauts. So too the sail, that flying sheet[391] which wafts
idle men to their destination quicker than swiftest birds can fly,
was first invented by the lorn Isis, when she set off on her
wanderings through the world to find her lost son Apochran.
'Now that we have our fleet, there is no need for the Greek to fasten
a quarrel upon us, or for the African [the Vandal] to insult us[392].
With envy they see that we have now stolen from them the secret of
their strength.
'Let all the fleet be assembled at Ravenna on the next Ides of June.
Let our own Padus send his home-born navy to the sea, his
river-nurtured firs to battle with the winds of Ocean.
'But there is one suggestion of yours of great importance, and which
must be diligently acted upon, namely the removal of the nets whereby
the fishermen at present impede the channels of the following rivers:
Mincius, Ollius (Oglio), Anser (Serchio), Arno, Tiber. Let the river
lie open for the transit of ships; let it suffice for the appetite of
man to seek for delicacies in the ordinary way, not by rustic artifice
to hinder the freedom of the stream.' |
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5 - 20 KING THEODORIC TO AVILF, A SAJO: On the same subject.
| These three letters all relate to the same subject as the two
preceding ones--the formation of a navy, and the _rendezvous_ of ships
and sailors at Ravenna on the Ides of June.
The Count of the Patrimony is courteously requested to see if there is
any timber suitable for the purposes of the navy, growing in the royal
estates along the banks of the Po.
The Sajones are ordered in more brusque and peremptory fashion:
Gudinand to collect the sailors at Ravenna on the appointed day; and
Avilf to collect timber along the banks of the Po, with as little
injury to the Possessors as possible (not, however, apparently paying
them anything for it), to keep his hands clean from extortion and
fraud, and to pull up the stake-nets in the channels of the five
rivers mentioned in Letter 17; 'for we all know that men ought to fish
with nets, not with hedges, and the opposite practice shows detestable
greediness.' |
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5 - 22 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: Capuanus appointed Rector Decuriarum.
| [On the appointment of Capuanus to the office of Rector of the Guilds
(Rector Decuriarum). The Guilds (Decuriae) of the City of Rome--not to
be confounded with the Provincial _Curiae_, membership in which was at
this time a burden rather than an advantage--enjoyed several special
privileges. We find from the Theodosian Code, Lib. xiv. Tit. 1, that
there were Decuriae of the _Librarii_, _Fiscales_, _Censuales_. The
_Decuria Scribarum_ is perhaps the same as the _Decuria Librariorum_.
I use the word Guilds, which seems best to describe a body of this
kind; but it will be seen from their names that these Guilds are not
of a commercial character, but are rather concerned with the
administration of justice. Some of them must have discharged the
duties of attorneys, others of Inland Revenue officers, others acted
as clerks to register the proceedings of the Senate, others performed
the mere mechanical work of copying, which is now undertaken by a law
stationer.
It was ordained by a law of Constantius and Julian (357) that no one
should enter the first class in these Decuriae[393] unless he were a
trained and practised literary man.
The young Capuanus has distinguished himself as a advocate both before
the Senate and other tribunals. There has been a certain diffidence
and hesitation in his manner, especially when he was dealing with
common subjects; but he always warmed with his peroration, and the
same man who even stammered in discussing some trifling detail became
fluent, nay eloquent, when the graver interests of his client were at
stake. When he saw that the Judge was against him he did not lose
heart, but, by praising his justice and impartiality, gradually coaxed
him into a more favourable mood. On one memorable occasion, when a
certain document was produced which appeared hostile, he boldly
challenged the accuracy of the copy [made probably by one of the
_Decuria Librariorum_] and insisted on seeing the original. This young
advocate is now appointed _Rector Decuriarum_, and thus accorded the
privilege of seniority over many men who are much older than himself.
He is exhorted to treat them with all courtesy, to remember the
importance of accuracy and fidelity in the execution of his duties and
those of the _Decuriales_ under him, on whose correct transcription of
documents the property, the liberty, nay even the life of their
fellow-subjects may depend. Especially he is exhorted to remember his
own challenge of the accuracy of a copied document, that he may not
ever find that memorable oration of his brought up against himself.
The Senate is exhorted to give the young official a kindly welcome. It
will now devolve upon him to report with praiseworthy accuracy the
proceedings of that body, the most celebrated in the whole world. He
who has often pleaded before them the cause of the humble and weak,
will now have to introduce Consulars to their assembly. It is expected
that his eloquence will grow and his stammer will disappear, now that
he is clothed with a more dignified office. 'Freedom nourishes words,
but fear frequently interrupts their plenteous flow.' |
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5 - 23 KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT: Archery drill.
| 'Tata the Sajo is ordered to proceed to the Illustrious Count Julian,
with the young archers whom he has drilled, that they may practise on
the field the lessons which they have learned in the gymnasium. Let
your Greatness provide them with rations and ships according to
custom.'
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5 - 24 KING THEODORIC TO THE SENATOR EPIPHANIUS, CONSULARIS OF DALMATIA: Property of a widow dying intestate and without heirs to be claimed for the State.
| 'We are informed that Joanna, the wife of Andreas, having succeeded to
her husband's estate, has died intestate without heirs. Her property
ought therefore to lapse to our Treasury[394], but it is being
appropriated, so we are informed, by divers persons who have no claim
to it.
'Enquire into this matter; and if it be as we are informed, reclaim
for our Treasury so legitimate a possession. We should consider
ourselves guilty of negligence if we omitted to take possession of
that which, without harming anyone, so obviously comes in to lighten
the public burdens.
'But if you find the facts different to these, by all means leave the
present owners in quiet possession. The secure enjoyment by our
subjects of that which is lawfully theirs we hold to be our truest
patrimony.' |
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5 - 26 KING THEODORIC TO ALL THE GOTHS SETTLED IN PICENUM AND SAMNIUM: The Goths summoned to the royal presence.
| 'The presence of the Sovereign doubles the sweetness of his gifts, and
that man is like one dead whose face is not known to his lord[397].
Come therefore by God's assistance, come all into our presence on the
eighth day before the Ides of June (June 6th), there solemnly to
receive our royal largesse. But let there be no excesses by the way,
no plundering the harvest of the cultivators nor trampling down their
meadows, since for this cause do we gladly defray the expense of our
armies that _civilitas_ may be kept intact by armed men.'
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5 - 27 KING THEODORIC TO GUDUIM, SAJO: The same.
| 'Order all the captains of thousands[398] of Picenum and Samnium to
come to our Court, that we may bestow the wonted largesse on our
Goths. We enquire diligently into the deeds of each of our soldiers,
that none may lose the credit of any exploit which he has performed in
the field. On the other hand, let the coward tremble at the thought of
coming into our presence. Even this fear may hereafter make him brave
against the enemy.'
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5 - 29 KING THEODORIC TO NEUDES, VIR ILLUSTRIS: A blind Gothic warrior enslaved.
| 'Our pity is greatly moved by the petition of Ocer, a blind Goth, who
has come by the help of borrowed sight to _feel_ the sweetness of our
clemency, though he cannot see our presence.
'He asserts that he, a free Goth, who once followed our armies, has,
owing to his misfortune, been reduced to slavery by Gudila and Oppas.
Strange excess of impudence to make that man their servant, before
whose sword they had assuredly trembled had he possessed his eyesight!
He pleads that Count Pythias has already pronounced against the claims
of his pretended masters. If you find that this is so, restore him at
once to freedom, and warn those men not to dare to repeat their
oppression of the unfortunate.' |
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5 - 30 KING THEODORIC TO GUDUI[M], VIR SUBLIMIS [AND DUX]: Servile tasks imposed on free Goths by a Duke.
| 'We expect those whom we choose as Dukes to work righteousness.
Costula and Daila, men who by the blessing of God rejoice in the
freedom of our Goths, complain that servile tasks are imposed upon
them by you. We do not do this ourselves, nor will we allow anyone
else to do it. If you find that the grievance is correctly stated
rectify it at once, or our anger will turn against the Duke who thus
abuses his power.'
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5 - 31 KING THEODORIC TO DECORATUS, VIR DEVOTUS (?): Arrears of Siliquaticum to be enforced.
| 'Thomas, Vir Clarissimus, complains that he cannot collect the arrears
of Siliquaticum from certain persons in Apulia and Calabria.
'Do you therefore summon Mark the Presbyter, Andreas, Simeonius, and
the others whose names are set forth in the accompanying schedule, to
come into your presence, using no unnecessary force[399] in your
summons. If they cannot clear themselves of this debt to the public
Treasury, they must be forced to pay.' |
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5 - 32 KING THEODORIC TO BRANDILA (CIR. 508-9): Assault of the wife of Brandila on the wife of Patzenes.
| 'Times without number has Patzenes laid his complaint upon us, to wit
that while he was absent on the recent successful expedition[400] your
wife Procula fell upon his wife [Regina], inflicted upon her three
murderous blows, and finally left her for dead, the victim having only
escaped by the supposed impossibility of her living. Now therefore, if
you acknowledge the fact to be so, you are to consult your own honour
by inflicting summary punishment as a husband on your wife, that we
may not hear of this complaint again[401]. But if you deny the fact,
you are to bring your said wife to our Comitatus and there prove her
innocence.'
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5 - 33 KING THEODORIC TO DUKE WILITANCH: Adulterous connection between Brandila and the wife of Patzenes.
| 'Patzenes brings before us a most serious complaint: that during his
absence in the Gaulish campaign, Brandila dared to form an adulterous
connection with his wife Regina, and to go through the form of
marriage with her.
'Whose honour will be safe if advantage is thus to be taken with
impunity of the absense of a brave defender of his country? Alas for
the immodesty of women! They might learn virtue even from the chaste
example of the cooing turtle-dove, who when once deprived by
misfortune of her mate, never pairs again with another.
'Let your Sublimity compel the parties accused to come before you for
examination, and if the charge be true, if these shameless ones were
speculating on the soldier of the Republic not returning from the
wars, if they were hoping, as they must have hoped, for general
collapse and ruin in order to hide their shame, then proceed against
them as our laws against adulterers dictate[402], and thus vindicate
the rights of all husbands.' |
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5 - 34 KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT: Endless evasions of Frontosus. The nature of the
chameleon.
| 'Frontosus, acting worthily of his name [the shameless-browed one],
confessed to having embezzled a large sum of public money, but
promised that, if a sufficient interval were allowed him, he would
repay it. Times without number has this interval expired and been
renewed, and still he does not pay. When he is arrested he trembles
with fear, and will promise anything; as soon as he is liberated he
seems to forget every promise that he has made. He changes his words,
like the chameleon, that little creature which in the shape of a
serpent is distinguished by a gold-coloured head, and has all the rest
of its body of a pale green. This little beast when it meets the gaze
of men, not being gifted with speed of flight, confused with its
excess of timidity, changes its colours in marvellous variety, now
azure, now purple, now green, now dark blue. The chameleon, again, may
be compared to the Pandian gem [sapphire?], which flashes with all
sorts of lights and colours while you hold it still in your hand.
'Such then is the mind of Frontosus. He may be rightly compared to
Proteus, who when he was laid hold of, appeared in every shape but his
own, roared as a lion, hissed as a serpent, or foamed away in watery
waves, all in order to conceal his true shape of man.
'Since this is his character, when you arrest him, first stop his
mouth from promising, for his facile nature is ready with all sorts of
promises which he has no chance of performing. Then ascertain what he
can really pay at once, and keep him bound till he does it. He must
not be allowed to think that he can get the better of us with his
tricks.' |
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5 - 35 0 KING THEODORIC TO COUNT LUVIRIT, AND AMPELIUS: Fraudulent ship-owners to be punished.
| 'When we were in doubt about the food supply of Rome, we judged it
proper that Spain should send her cargoes of wheat hither, and the Vir
Spectabilis Marcian collected supplies there for this purpose. His
industry, however, was frustrated by the greed of the shipowners, who,
disliking the necessary delay, slipped off and disposed of the grain
for their own profit. Little as we like harshness, this offence must
be punished. We have therefore directed Catellus and Servandus (Viri
Strenui) to collect from these shipmasters the sum of 1,038 solidi
(£622 16s.), inasmuch as they appear to have received:
'From the sale of the corn 280 solidi.
'And from the fares of passengers 758 ",'1,038 "
'Let your Sublimity assist in the execution of this order.' |
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5 - 36 KING THEODORIC TO STARCEDIUS, VIR SUBLIMIS: Honourable discharge.
| 'You tell us that your body, wearied out with continual labour, is no
longer equal to the fatigues of our glorious campaigns, and you
therefore ask to be released from the necessity of further military
service. We grant your request, but stop your donative; because it is
not right that you should consume the labourer's bread in idleness. We
shall extend to you our protection from the snares of your
adversaries, and allow no one to call you a deserter, since you are
not one[403].'
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5 - 37 KING THEODORIC TO THE JEWS OF MILAN: Rights of the Jewish Synagogue not to be invaded by Christians.
| 'For the preservation of _civilitas_ the benefits of justice are not
to be denied even to those who are recognised as wandering from the
right way in matters of faith.
'You complain that you are often wantonly attacked, and that the
rights pertaining to your synagogue are disregarded[404]. We therefore
give you the needed protection of our Mildness, and ordain that no
ecclesiastic shall trench on the privileges of your synagogue, nor mix
himself up in your affairs. But let the two communities keep apart, as
their faiths are different: you on your part not attempting to do
anything _incivile_ against the rights of the said Church.
'The law of thirty years' prescription, which is a world-wide
custom[405], shall enure for your benefit also.
'But why, oh Jew, dost thou petition for peace and quietness on earth
when thou canst not find that rest which is eternal[406]?' |
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5 - 38 KING THEODORIC TO ALL CULTIVATORS: : Shrubs obstructing the aqueduct of Ravenna to be rooted up.
| 'The aqueducts are an object of our special care. We desire you at
once to root up the shrubs growing in the Signine Channel[408], which
will before long become big trees scarcely to be hewn down with the
axe, and which interfere with the purity of the water in the aqueduct
of Ravenna. Vegetation is the peaceable overturner of buildings, the
battering-ram which brings them to the ground, though the trumpets
never sound for siege.
'We shall now again have baths that we may look upon with pleasure;
water which will cleanse, not stain; water after using which we shall
not require to wash ourselves again; drinking-water such that the mere
sight of it will not take away all our appetite for food[409].' |
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5 - 39 KING THEODORIC TO AMPELIUS AND LIVERIA: Sundry abuses in the administration of the Spanish
government to be rectified.
| 'That alone is the true life of men which is controlled by the reign
of law.
'We regret to hear that through the capricious extortions of our
revenue-officers anarchy is practically prevailing in Spain. The
public registers (polyptycha), not the whim of the collector, ought to
measure the liability of the Provincial.
'We therefore send your Sublimity to Spain in order to remedy these
disorders.
'(1) Murder must be put down with a strong hand; but the sharper the
punishment is made the more rigid we ought to be in requiring proof of
the crime[411].
'(2) The collectors of the land-tax (assis publicus) are accused of
using false weights [in collecting the quotas of produce from the
Provincials]. This must cease, and they must use none but the standard
weights kept by our Chamberlain[412].
'(3) The farmers[413] of our Royal domain must pay the rent imposed on
them, otherwise they will get to look on the farms as their own
property; but certain salaries may be paid them for their trouble, as
you shall think fit[414]. [Dahn suggests that the salary was to
reimburse them for their labours as a kind of local police, but is
not himself satisfied with this explanation.]
'(4) Import duties[415] are to be regularly collected and honestly
paid over.
'(5) The officers of the mint are not to make their private gains out
of the coinage.'
(6) An obscure sentence as to the 'Canon telonei' [from the Greek
[Greek: telônês], a tax-gatherer. Garet reads 'Tolonei,' which is
probably an error].
(7) The same as to the _Actus Laeti_, whose conscience is assailed by
the grossest imputations. [Laetus is perhaps the name of an official.]
'(8) Those concerned in _furtivae actiones_, and their accomplices,
are to disgorge the property thus acquired.
'(9) Those who have received _praebendae_ [apparently official
allowances charged on the Province] are, with detestable injustice,
claiming them _both_ in money and in kind. This must be put a stop to:
of course the one mode of payment is meant to be alternative to the
other.
'(10) The Exactores (Collectors) are said to be extorting from the
Provincials more than they pay into our chamber (_cubiculum_). Let
this be carefully examined into, and let the payment exacted be the
same that was fixed in the times of Alaric and Euric.
'(11) The abuse of claiming extortions (_paraveredi_) by those who
have a right to use the public posts must be repressed.
'(12) The defence of the Provincials by the _Villici_ is so costly,
and seems to be so unpopular, that we remove it altogether.' [For this
_tuitio villici_, see Dahn iii. 131; but he is not able to throw much
light on the nature of the office of the _Villicus_.]
'(13) Degrading services (servitia famulatus) are not to be claimed of
our free-born Goths, although they may be residents in cities[416].' |
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5 - 41 KING THEODORIC TO THE SENATE OF THE CITY OF ROME: Promotion of Cyprian to the Comitiva Sacrarum Largitionum.
| The usual pair of letters setting forth the merits of the new
official. The Senate is congratulated on the fact that the King never
presents to a place in that body a mere tyro in official life, but
always himself first tests the servants of the State, and rewards with
a place in the Senate only those who have shown themselves worthy of
it.
Cyprian is the son of a man of merit, Opilio, who in the times of the
State's ill-fortune was chosen to a place in the royal household[417].
He was not able, owing to the wretchedness of the times, to do much
for his son. The difference between the fortunes of father and son is
the measure of the happy change introduced by the rule of Theodoric.
In some subordinate capacity in the King's final Court of Appeal
(probably as _Referendarius_[418]) Cyprian has hitherto had the duty
of stating the cases of the hostile litigants. He has shown wonderful
dexterity in suddenly stating the same case from the two opposite
points of view[419], and this so as to satisfy even the requirements
of the litigants themselves.
Often the King has transacted business in his rides which used of old
to be brought before a formal Consistory. He has mounted his horse,
when weary with the cares of the Republic, to renew his vigour by
exercise and change of scene. In these rides he has been accompanied
by Cyprian, who has in such a lively manner stated the cases which had
come up on appeal, that an otherwise tedious business was turned into
a pleasure. Even when the King was most moved to wrath by what seemed
to him a thoroughly bad cause, he still appreciated the charm of the
Advocate's style in setting it before him. Thus has Cyprian had that
most useful of all trainings, action, not books.
Thus prepared he was sent on an embassy to the East, a commission
which he discharged with conspicuous ability. Versed in three
languages (Greek, Roman, Gothic?), he found that Greece had nothing to
show him that was new; and as for subtlety, he was a match for the
keenest of the Greeks. The Emperor's presence had nothing in it to
make him hesitating or confused. Why should it, since he had seen and
pleaded before Theodoric[420]?
In addition to all these other gifts he possesses _faith_, that anchor
of the soul amidst the waves of a stormy world.
He is therefore called upon to assume at the third Indiction [524-525]
the office of Count of the Sacred Largesses, and exhorted to bear
himself therein worthily of his parentage and his past career, that
the King may afterwards promote him to yet higher honour. |
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5 - 42 KING THEODORIC TO MAXIMUS, VIR ILLUSTRIS, CONSUL: Rewards to performers in the Amphitheatre.
| 'If singers and dancers are to be rewarded by the generosity of the
Consul, _Ã fortiori_ should the _Venator_, the fighter with wild
beasts in the amphitheatre, be rewarded for _his_ endeavours to please
the people, who after all are secretly hoping to see him killed. And
what a horrible death he dies--denied even the rites of burial,
disappearing before he has yet become a corpse into the maw of the
hungry animal which he has failed to kill. These spectacles were first
introduced as part of the worship of the Scythian Diana, who was
feigned to gloat on human gore. The ancients called her the triple
deity, Proserpina-Luna-Diana. They were right in one point; the
goddess who invented these games certainly reigned _in hell_.'
The Colosseum (the Amphitheatre of Titus) is described.
The combats with wild beasts are pourtrayed in a style of pompous
obscurity. We may dimly discern the form of the _bestiarius_, who is
armed with a wooden spear; of another who leaps into the air to escape
the beast's onset; of one who protects himself with a portable wall of
reeds, 'like a sea-urchin;' of others who are fastened to a revolving
wheel, and alternately brought within the range of the animal's claws
and borne aloft beyond his grasp. 'There are as many perilous forms of
encounter as Virgil described varieties of crime and punishment in
Tartarus. Alas for the pitiable error of mankind! If they had any true
intuition of Justice, they would sacrifice as much wealth for the
preservation of human life as they now lavish on its destruction.' ['A
noble regret,' says Gregorovius ('Geschichte der Stadt Rom.' i. 286),
'in which in our own day every well-disposed Minister of a military
state will feel bound to concur with Cassiodorus.'] |
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5 - 43 KING THEODORIC TO TRANSMUND [THRASAMUND], KING OF THE VANDALS
(CIR. 511): Complains of the protection given by Thrasamund to Gesalic.
| 'Having given you our sister, that singular ornament of the Amal race,
in marriage, in order to knit the bonds of friendship between us, we
are amazed that you should have given protection and support to our
enemy Gesalic [natural son of Alaric II]. If it was out of mere pity
and as an outcast that you received him into your realm, you ought to
have kept him there; whereas you have sent him forth furnished with
large supplies of money to disturb the peace of our Gaulish Provinces.
This is not the conduct of a friend, much less of a relative. We are
sure that you cannot have taken counsel in this matter with your wife,
who would neither have liked to see her brother injured, nor the fair
fame of her husband tarnished by such doubtful intrigues. We send you
A and B as our ambassadors, who will speak to you further on this
matter.'
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5 - 44 KING THEODORIC TO TRANSMUND [THRASAMUND], KING OF THE VANDALS: Reconciliation between Theodoric and Thrasamund.
| 'You have shown, most prudent of Kings, that wise men know how to
amend their faults, instead of persisting in them with that obstinacy
which is the characteristic of brutes. In the noblest and most truly
kinglike manner you have humbled yourself to confess your fault in
reference to the reception of Gesalic, and to lay bare to us the very
secrets of your heart in this matter. We thank you and praise you, and
accept your purgation of yourself from this offence with all our
heart. As for the presents sent us by your ambassadors, we accept them
with our minds, but not with our hands. Let them return to your
Treasury (cubiculum), that it may be seen that it was simply love of
justice, not desire of gain, which prompted our complaints. We have
both acted in a truly royal manner[421]. Let your frankness and our
contempt of gold be celebrated through the nations. It is sweeter to
us to return these presents to you, than to receive much larger ones
from anyone else. Your ambassadors carry back with them the fullest
salutation of love from your friend and ally.'
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6
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6 - 1 FORMULA OF THE CONSULSHIP: Consulship.
| 'In old days the supreme reward of the Consulship was given to him
who, by his strong right hand, had delivered the Republic. The mantle
embroidered with palms of victory[423], the privilege of giving his
name to the year and of enfranchising the slave, even power over the
lives of his fellow-citizens, were rightly given to a man to whom the
Republic owed so much. He received the axe--the power of life and
death--but bound up in the bundle of rods, in order that the necessary
delay in undoing these might prevent him from striking the irrevocable
stroke without due consideration. Whence also he received the name of
Consul, because it was his duty to _consult_ for the good of his
country. He was bound to spend money freely; and thus he who had shed
the blood of the enemies of Rome made the lives of her children happy
by his generosity.
'But now take this office under happier circumstances, since we have
the labours of the Consul, you the joys of his dignity. Your
palm-embroidered robes therefore are justified by our victories, and
you, in the prosperous hour of peace, confer freedom on the slave,
because we by our wars are giving security to the Romans. Therefore,
for this Indiction, we decorate you with the ensigns of the
Consulship.
'Adorn your broad shoulders[424] with the variegated colours of the
palm-robe; ennoble your strong hand with the sceptre of victory[425].
Enter your private dwelling having even your sandals gilded; ascend
the curule chair by the many steps which its dignity requires: that
thus you, a subject and at your ease, may enjoy the dignity which we,
the Ruler, assumed only after mightiest labours. You enjoy the fruit
of victory who are ignorant of war; we, God helping us, will reign; we
will consult for the safety of the State, while your name marks the
year. You overtop Sovereigns in your good fortune, since you wear the
highest honours, and yet have not the annoyances of ruling. Wherefore
pluck up spirit and confidence. It becometh Consuls to be generous. Do
not be anxious about your private fortune, you who have elected to win
the public favour by your gifts. It is for this cause [because the
Consul has to spend lavishly during his year of office] that we make a
difference between your dignity and all others. Other magistrates we
appoint, even though they do not ask for the office. To the Consulship
we promote only those who are candidates for the dignity, those who
know that their fortunes are equal to its demands; otherwise we might
be imposing a burden rather than a favour. Enjoy therefore, in a
becoming manner, the honour which you wished for. This mode of
spending money is a legitimate form of canvassing[426]. Be illustrious
in the world, be prosperous in your own life, leave an example for the
happy imitation of your posterity.' |
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6 - 2 FORMULA OF THE PATRICIATE: Patriciate.
| 'In olden times the Patricians were said to derive their origin from
Jupiter, whose priests they were. Mythology apart, they derived their
name from _Patres_, the dignity of priest having blended itself with
that of Senator.
'The great distinction of the Patriciate is that it is a rank held
_for life_, like that of the priesthood, from which it sprang. The
Patrician takes precedence of Praefects and all other dignities save
one (the Consulship), and that is one which we ourselves sometimes
assume.
'Ascend then the pinnacle of the Patriciate. You may have yet further
honours to receive from us, if you bear yourself worthily in this
station.' |
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6 - 3 FORMULA OF THE PRAETORIAN PRAEFECTURE: Praetorian Praefecture.
| 'If the origin of any dignity can confer upon it special renown and
promise of future usefulness, the Praetorian Praefecture may claim
this distinction, illustrated as its establishment was by the wisdom
of this world, and also stamped by the Divine approval. For when
Pharaoh, King of Egypt, was oppressed by strange visions of future
famine, there was found a blessed man, even Joseph, able to foretell
the future with truth, and to suggest the wisest precautions for the
people's danger. He first consecrated the insignia of this dignity; he
in majesty entered the official chariot[427], raised to this height of
honour, in order that his wisdom might confer blessings on the people
which they could not receive from the mere power of the Ruler.
'From that Patriarch is this officer now called _Father of the
Empire_; his name is even to-day celebrated by the voice of the crier,
who calls upon the Judge to show himself not unworthy of his example.
Rightly was it felt that he to whom such power was committed should
always be thus delicately reminded of his duty.
'For some prerogatives are shared in common between ourselves and the
holder of this dignity. [The next sentence[428] I leave untranslated,
as I am not sure of the meaning. Manso (p. 343) translates it, 'He
forces fugitives from justice, without regard to the lapse of time, to
come before his tribunal.'] He inflicts heavy fines on offenders, he
distributes the public revenue as he thinks fit, he has a like power
in bestowing rights of free conveyance[429], he appropriates unclaimed
property, he punishes the offences of Provincial Judges, he pronounces
sentence by word of mouth [whereas all other Judges had to read their
decisions from their tablets].
'What is there that he has not entrusted to him whose very speech is
Judgment? He may almost be said to have the power of making laws,
since the reverence due to him enables him to finish law-suits without
appeal.
'On his entrance into the palace he, like ourselves, is adored by the
assembled throng[430], and an office of such high rank appears to
excuse a practice which in other cases would be considered matter for
accusation[431].
'In power, no dignity is his equal. He judges everywhere as the
representative of the Sovereign[432]. No soldier marks out to him the
limits of his jurisdiction, except the official of the Master of the
Soldiery. I suppose that the ancients wished [even the Praefect] to
yield something to those who were to engage in war on behalf of the
Republic.
'He punishes with stripes even the Curials, who are called in the laws
a Lesser Senate.
'In his own official staff (officium) he is invested with peculiar
privileges; since all men can see that he lays his commands on men of
such high quality that not even the Judges of Provinces may presume to
look down upon them. The staff is therefore composed of men of the
highest education, energetic, strong-minded[433], intent on prompt
obedience to the orders of their head, and not tolerating obstruction
from others. To those who have served their time in his office, he
grants the rank of Tribunes and Notaries, thus making his attendants
equal to those who, mingled with the chiefs of the State, wait upon
our own presence.
'We joyfully accomplish that which he arranges, since our reverence
for his office constrains us to give immediate effect to his decrees.
He deserves this at our hands, since his forethought nourishes the
Palace, procures the daily rations of our servants, provides the
salaries even of the Judges themselves[434]. By his arrangements he
satiates the hungry appetites of the ambassadors of the [barbarous]
nations[435]. And though other dignities have their specially defined
prerogatives, by him everything that comes within the scope of our
wisely-tempered sway is governed.
'Take therefore, from this Indiction, on your shoulders the noble
burden of all these cares. Administer it with vigour and with utmost
loyalty, that your rule may be prosperous to us and useful to the
Republic. The more various the anxieties, the greater your glory. Let
that glory beam forth, not in our Palace only, but be reflected in far
distant Provinces. Let your prudence be equal to your power; yea, let
the fourfold virtue [of the Platonic philosophy] be seated in your
conscience. Remember that your tribunal is placed so high that, when
seated there, you should think of nothing sordid, nothing mean. Weigh
well what you ought to say, seeing that it is listened to by so many.
Let the public records contain nothing [of your saying] which any need
blush to read. The good governor not only has no part nor lot in
injustice; unless he is ever diligently doing some noble work he
incurs blame even for his inactivity. For if that most holy author
[Moses?] be consulted, it will be seen that it is a kind of priesthood
to fill the office of the Praetorian Praefecture in a becoming
manner.' |
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6 - 4 FORMULA OF THE PRAEFECTURE OF THE CITY: Praefecture of the City.
| 'You, to whose care Rome is committed, are exalted by that charge to a
position of the highest dignity. The Senate also is presided over by
you; and the Senators, who wield full power in that assembly, tremble
when they have to plead their own cause at your tribunal. But this is
because they, who are the makers of laws, are subject to the laws; and
so are we too, though not to a Judge.
'Behave in a manner worthy of your high office. Treat the Consulars
with deference. Put away every base thought when you cross the
threshold of every virtue. If you wish to avoid unpopularity, avoid
receiving bribes. It is a grand thing when it can be said that Judges
will not accept that which thousands are eager to offer them.
'To your care is committed not only Rome herself (though Rome
includes the world[436]), but, by ancient law, all within the
hundredth milestone.
'You judge, on appeal, causes brought from certain Provinces defined
by law. Your staff is composed of learned men; eloquent they can
hardly help being, since they are always hearing the masters of
eloquence. You ride in your _Carpentum_ through a populace of
nobles[437]; oh, act so as to deserve their shouts of welcome! How
will you deserve their favour? By seeing that merchandise is sold
without venality[438]; that the fires kindled to heat the wholesome
baths are not chilled by corruption; that the games, which are meant
for the pleasure of the people, are not by partisanship made a cause
of strife. For so great is the power of glorious truth, that even in
the affairs of the stage justice is desired[439]. Take then the robe
of Romulus, and administer the laws of Rome. Other honours await you
if you behave worthily in this office, and above all, if you win the
applause of the Senate.' |
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6 - 5 FORMULA OF THE QUAESTORSHIP: Quaestorship.
| 'No Minister has more reason to glory in his office than the Quaestor,
since it brings him into constant and intimate communication with
Ourselves. The Quaestor has to learn our inmost thoughts, that he may
utter them to our subjects. Whenever we are in doubt as to any matter
we ask our Quaestor, who is the treasure-house of public fame, the
cupboard of laws; who has to be always ready for a sudden call, and
must exercise the wonderful powers which, as Cicero has pointed out,
are inherent in the art of an orator. He should so paint the delights
of virtue and the terrors of vice, that his eloquence should almost
make the sword of the magistrate needless.
'What manner of man ought the Quaestor to be, who reflects the very
image of his Sovereign? If, as is often our custom, we chance to
listen to a suit, what authority must there be in his tongue who has
to speak the King's words in the King's own presence? He must have
knowledge of the law, wariness in speech, firmness of purpose, that
neither gifts nor threats may cause him to swerve from justice. For in
the interests of Equity we suffer even ourselves to be contradicted,
since we too are bound to obey her. Let your learning be such that you
may set forth every subject on which you have to treat, with suitable
embellishments.
'Moved therefore by the fame of your wisdom and eloquence, we bestow
upon you, by God's grace, the dignity of the Quaestorship, which is
the glory of letters, the temple of _civilitas_, the mother of all the
dignities, the home of continence, the seat of all the virtues.
'To you the Provinces transmit their prayers. From you the Senate
seeks the aid of law. You are expected to suffice for the needs of all
who seek from us the remedies of the law. But when you have done all
this, be not elated with your success, be not gnawed with envy,
rejoice not at the calamities of others; for what is hateful in the
Sovereign cannot be becoming in the Quaestor.
'Exercise the power of the Prince in the condition of a subject; and
may you render a good account to the Judges at the end of your term of
office.' |
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6 - 6 FORMULA OF THE MAGISTERIAL DIGNITY, AND ITS EXCELLENCY (MAGISTER
OFFICIORUM): Mastership of the Offices.
| 'The Master's is a name of dignity. To him belongs the discipline of
the Palace; he calms the stormy ranks of the insolent Scholares [the
household troops, 10,000 in number, in the palace of the Eastern
Emperor, according to Lydus (ii. 24)]. He introduces the Senators to
our presence, cheers them when they tremble, calms them when they are
speaking, sometimes inserts a word or two of his own, that all may be
laid in an orderly manner before us. It rests with him to fix a day
for the admission of a suitor to our _Aulicum Consistorium_, and to
fulfil his promise. The opportune velocity of the post-horses [the
care of the _Cursus Publicus_] is diligently watched over by him[440].
'The ambassadors of foreign powers are introduced by him, and their
_evectiones_ [free passes by the postal-service] are received from his
hands[441].
'To an officer with these great functions Antiquity gave great
prerogatives: that no Provincial Governor should assume office without
his consent, and that appeals should come to him from their decisions.
He has no charge of collecting money, only of spending it. It is his
to appoint _peraequatores_[442] of provisions in the capital, and a
Judge to attend to this matter. He also superintends the pleasures of
the people, and is bound to keep them from sedition by a generous
exhibition of shows. The members of his staff, when they have served
their full time, are adorned with the title of _Princeps_, and take
their places at the head of the Praetorian cohorts and those of the
Urban Praefecture [the officials serving in the bureaux of those two
Praefects]--a mark of favour which almost amounts to injustice, since
he who serves in one office (the Master's) is thereby put at the head
of all those who have been serving in another (the Praefect's)[443].'
'The assistant (Adjutor) of the Magister is also present at our
audiences, a distinguished honour for his chief.
'Take therefore this illustrious office and discharge it worthily,
that, in all which you do, you may show yourself a true Magister. If
_you_ should in anywise go astray (which God forbid), where should
morality be found upon earth?' |
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6 - 7 FORMULA OF THE OFFICE OF COMES SACRARUM LARGITIONUM: Office of Count of Sacred Largesses.
| 'Yours is the high and pleasing office of administering the bounty of
your Sovereign[444]. Through you we dispense our favours and relieve
needy suppliants on New Year's Day. It is your business to see that
our face is imprinted on our coins, a reminder to our subjects of our
ceaseless care on their behalf, and a memorial of our reign to future
ages.
[Footnote 444: 'Regalibus magna profecti felicitas _militare_
donis.... Laetitia publica _militia_ tua est.' Observe the continued
use of military terms for what we call the Civil Service.]
'To this your regular office we also add the place of _Primicerius_
[_Primicerius Notariorum_?], so that you are the channel through which
honours as well as largesses flow. Not only the Judges of the
Provinces are subject to you, even the _Proceres Chartarum_ (?) have
not their offices assured to them till you have confirmed the
instrument. You have also the care of the royal robes. The sea-coasts
and their products, and therefore merchants, are under your sway. The
commerce of salt, that precious mineral, rightly classed with silken
robes and pearls, is placed under your superintendence.
'Take therefore these two dignities, the Comitiva Sacrarum Largitionum
and the Primiceriatus. If some of the ancient privileges of your
office have been retrenched [some functions, probably, taken from the
Comes Sacrarum Largitionum and assigned to the Comes Patrimonii],
comfort yourself with the thought that you have two dignities instead
of one.' |
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6 - 8 FORMULA OF THE OFFICE OF COMES PRIVATARUM, AND ITS EXCELLENCY: Office of Count of Private Domains.
| 'Your chief business, as the name of your office implies, is to govern
the royal estates by the instrumentality of the _Rationales_ under
you.
'This work alone, however, would have given you a jurisdiction only
over slaves [those employed on the royal domains]; and as a slave is
not a person in the eye of the law, it seemed unworthy of the dignity
of Latium to confine your jurisdiction to these men. Some urban
authority has therefore been given you in addition to that which you
exercise over these boors: cases of incest, and of pollution or
spoliation of graves, come before you. Thus the chastity of the
living and the security of the dead are equally your care. In the
Provinces you superintend the tribute-collectors (Canonicarios), you
admonish the cultivators of the soil (Possessores), and you claim for
the Royal Exchequer property to which no heirs are forthcoming[445].
Deposited monies also, the owners of which are lost by lapse of time,
are searched out by you and brought into our Exchequer, since those
who by our permission enjoy all their own property ought willingly and
without sense of loss to offer us that which belongs to other men.
'Take then the honour of _Comes Privatarum_: it also is a courtly
dignity, and you will augment it by your worthy fulfilment of its
functions.' |
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6 - 9 FORMULA OF THE OFFICE OF COUNT OF THE PATRIMONY, AND ITS
EXCELLENCY: Office of Count of the Patrimony.
| 'To our distant servants we send long papers with instructions as to
their conduct; but you, admitted to our daily converse, do not need
these. You are to undertake the care of our royal patrimony.
'Do not give in to all the suggestions of our servants on these
domains, who are apt to think that everything is permitted them
because they represent the King; but rather incline the scale against
them. You will have to act much in our sight; and as the rising sun
discloses the true colours of objects, so the King's constant presence
reveals the Minister's character in its true light. Avoid loud and
harsh tones in pronouncing your decisions: when we hear you using
these, we shall know that you are in the wrong. External acts and
bodily qualities show the habit of the mind. We know a proud man by
his swaggering gait, an angry one by his flashing eyes, a crafty one
by his downcast look, a fickle one by his wandering gaze, at
avaricious one by his hooked nails.
'Take then the office of Count of the Patrimony, and discharge it
uprightly. Be expeditious in your decisions on the complaints of the
tillers of the soil. Justice speedily granted is thereby greatly
enhanced in value, and though it is really the suitor's right it
charms him as if it were a favour.
'Attend also to the provision of suitable delicacies for our royal
table. It is a great thing that ambassadors coming from all parts of
the world should see rare dainties at our board, and such an
inexhaustible supply of provisions brought in by the crowds of our
servants that they are almost ready to think the food grows again in
the kitchen, whither they see the dishes carried with the broken
victuals. These banqueting times are, and quite deservedly, your times
for approaching us with business, when no one else is allowed to do
so.' |
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6 - 10 FORMULA BY WHICH MEN ARE MADE PROCERES PER CODICILLOS VACANTES: Codicilli Vacantes.
| 'There are cases in which men whom it is desirable for the Sovereign
to honour are unable, from delicate health or slender fortunes, to
enter upon an official career. For instance, a poor nobleman may dread
the expenses of the Consulship; a man illustrious by his wisdom may be
unable to bear the worries of a Praefecture; an eloquent tongue may
shun the weight of a Quaestorship. In these cases the laws have wisely
ordained that we may give such persons the rank which they merit by
_Codicilli Vacantes_. It must always be understood, however, that in
each dignity those who thus obtain it rank behind those who have
earned it by actual service. Otherwise we should have all men
flocking into these quiet posts, if the workers were not preferred to
men of leisure[446].
'Take therefore, by these present codicils, the rank which you
deserve, though you have not earned it by your official career.' |
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6 - 11 FORMULA BY WHICH THE RANK OF AN ILLUSTRIS AND THE TITLE OF A COMES
DOMESTICORUM ARE CONFERRED, WITHOUT OFFICE: Illustratus Vacans.
| 'The bestowal of honour, though it does not change the nature of a
man, induces him to consider his own reputation more closely, and to
abstain from that which may stain it.
'Take therefore the rank (without office) of an Illustrious Count of
the Domestics[448], and enjoy that greatest luxury of worthy
minds--power to attend to your own pursuits.
'For what can be sweeter than to find yourself honoured when you enter
the City, and yet to be able to cultivate your own fields; to abstain
from fraudful gains, and yet see your barns overflowing with the fruit
of your own sweet toil?
'But even as the seed and the soil must co-operate to produce the
harvest, so do we sow in you the seed of this dignity, trusting that
your own goodness of heart will give the increase.' |
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6 - 12 FORMULA FOR THE BESTOWAL OF A COUNTSHIP OF THE FIRST ORDER, WITHOUT OFFICE: Comitiva Primi Ordinis.
| 'It is a delightful thing to enjoy the pleasures of high rank without
having to undergo the toils and annoyances of office, which often make
a man loathe the very dignity which he eagerly desired.
'The rank of _Comes_ is one which is reached by Governors (Rectores)
of Provinces after a year's tenure of office, and by the Counsellors
of the Praefect, whose functions are so important that we look upon
them as almost Quaestors.
'Their rank[449] gives the holder of it, though only a _Spectabilis_,
admission to our Consistory, where he sits side by side with all the
Illustres.
'We bestow it upon you, and name you a _Comes Primi Ordinis_, thereby
indicating that you are to take your place at the head of all the
other Spectabiles and next after the Illustres. See that you imitate
the latter, and that you are not surpassed in excellence of character
by any of those below you.' |
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6 - 13 FORMULA FOR BESTOWING THE [HONORARY] RANK OF MASTER OF THE BUREAU
[MAGISTER SCRINII] AND COUNT OF THE FIRST ORDER, ON AN OFFICER OF THE
COURTS (COMITIACUS) IN ACTIVE SERVICE: Honorary promotion for a Comitiacus.
| 'Great toils and great perils are the portion of an officer of the
Courts in giving effect to their sentences. It is easy for the Judge
to say, "Let so and so be done;" but on the unhappy officer falls all
the difficulty and all the odium of doing it. He has to track out
offenders and hunt them to their very beds, to compel the contumacious
to obey the law, to make the proud learn their equality before it. If
he lingers over the business assigned to him, the plaintiff complains;
if he is energetic, the defendant calls out. The very honesty with
which he addresses himself to the work is sure to make him enemies,
enemies perhaps among powerful persons, who next year may be his
superiors in office, and thus subjects him to all sorts of accusations
which he may find it very hard to disprove. In short, if we may say it
without offence to the higher dignitaries, it is far easier to
discharge without censure the functions of a Judge than those of the
humble officer who gives effect to his decrees.
'Wherefore, in reward for your long and faithful service, and in
accordance with ancient usage, we bestow on you the rank of a Count of
the First Order, and ordain that if anyone shall molest you on account
of your acts done in the discharge of your duties, he shall pay a fine
of so many [perhaps ten = £400] pounds of gold.' |
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6 - 14 FORMULA BESTOWING RANK AS A SENATOR: Senatorial rank.
| 'We desire that our Senate should grow and flourish abundantly. As a
parent sees the increase of his family, as a husbandman the growth of
his trees with joy, so we the growth of the Senate. We therefore
desire that Graius should be included in that virtuous and
praiseworthy assembly[450]. This is a new kind of grafting, in which
the less noble shoot is grafted on to the nobler stock. As a candle
shines at night, but pales in the full sunlight, so does everyone,
however illustrious by birth or character, who is introduced into your
majestic body. Open your Curia, receive our candidate. He is already
predestined to the Senate upon whom we have conferred the dignity of
the Laticlave.'
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6 - 15 FORMULA OF THE VICARIUS OF THE CITY OF ROME: Vicariate of the City of Rome.
| 'Though nominally only the agent of another [the Praefectus Urbi] you
have powers and privileges of your own which almost entitle you to
rank with the Praefects. Suitors plead before you in causes otherwise
heard only before Praefects[451]; you pronounce sentence in the name
of the King[452] [not of the Praefect]; and you have jurisdiction even
in capital cases. You wear the chlamys, and are not to be saluted by
passers-by except when thus arrayed, as if the law wished you to be
always seen in military garb. [The chlamys was therefore at this time
a strictly military dress.] In all these things the glory of the
Praefecture seems to be exalted in you, as if one should say, "How
great must the Praefect be, if his Vicar is thus honoured!" Like the
highest dignitaries you ride in a state carriage[453]. You have
jurisdiction everywhere within the fortieth milestone from the City.
You preside over the games at Praeneste, sitting in the Consul's seat.
You enter the Senate-house itself, that palace of liberty[454]. Even
Senators and Consulars have to make their request to you, and may be
injured by you.
'Take therefore this dignity, and wield it with moderation and
courage.' |
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6 - 16 FORMULA OF THE NOTARIES: Notaries.
| 'It is most important that the secrets of the Sovereign, which many
men so eagerly desire to discover, should be committed to persons of
tried fidelity. A good secretary should be like a well-arranged
_escritoire_, full of information when you want it, but absolutely
silent at other times. Nay, he must even be able to dissimulate his
knowledge, for keen questioners can often read in the face what the
lips utter not. [Cf. the description of the Quaestor Decoratus in v.
3.]
'Our enquiries, keen-scented as they are for all men of good life and
conversation, have brought your excellent character before us. We
therefore ordain that you shall henceforth be a Notary. In due course
of service you will attain the rank of Primicerius, which will entitle
you to enter the Senate, "the Curia of liberty." Moreover, should you
then arrive at the dignity of Illustris or at the [Comitiva] Vacans,
you will be preferred to all who are in the same rank but who have not
acquired it by active service[455].
'Enter then upon this duty, cheered by the prospect of one day
attaining to the highest honours.' |
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6 - 17 FORMULA OF THE REFERENDARII.
| 'Great is the privilege of being admitted to such close converse with
the King as you will possess, but great also are the responsibilities
and the anxieties of the Referendarius. In the midst of the hubbub of
the Court he has to make out the case of the litigant, and to clothe
it in language suitable for our ears. If he softens it down ever so
little in his repetition of it, the claimant declares that he has been
bribed, that he is hostile to his suit. A man who is pleading his own
cause may soften down a word or two here and there, if he see that the
Court is against him; but the Referendarius dares not alter anything.
Then upon him rests the responsibility of drawing up our decree,
adding nothing, omitting nothing. Hard task to speak _our_ words in
our own presence.
'Take then the office of Referendarius, and show by your exercise of
it to what learning men may attain by sharing our conversation. Under
us it is impossible for an officer of the Court to be unskilled in
speech. Like a whetstone we sharpen the intellects of our courtiers,
and polish them by practice at our bar[456].' |
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6 - 18 FORMULA OF THE PRAEFECTUS ANNONAE, AND HIS EXCELLENCY: Praefectus Annonae.
| 'If the benefit of the largest number of citizens is a test of the
dignity of an office yours is certainly a glorious one. You have to
prepare the Annona of the sacred City, and to feed the whole people as
at one board. You run up and down through the shops of the bakers,
looking after the weight and fineness of the bread, and not thinking
any office mean by which you may win the affections of the citizens.
'You mount the chariot of the Praefect of the City, and are displayed
in closest companionship with him at the games. Should a sudden tumult
arise by reason of a scarcity of loaves, you have to still it by
promising a liberal distribution. It was from his conduct in this
office that Pompey attained the highest dignities and earned the
surname of the Great.
'The pork-butchers also (Suarii) are subject to your control.
'It is true that the corn is actually provided by the Praetorian
Praefect, but you see that it is worked up into elegant bread[457].
'Even so Ceres discovered corn, but Pan taught men how to bake it into
bread; whence its name (_Panis_, from Pan).
'Take then this office: discharge it faithfully, and weigh, more
accurately than gold, the bread by which the Quirites live.' |
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6 - 19 FORMULA OF THE COUNT OF THE CHIEF PHYSICIANS: Comes Archiatrorum.
| 'The doctor helps us when all other helpers seem to fail. By his art
he finds out things about a man of which he himself is ignorant; and
his prognosis of a case, though founded on reason, seems to the
ignorant like prophecy.
'It is disgraceful that there should be a president of the lascivious
pleasures of the people (Tribunus Voluptatum) and none of this healing
art. Excellent too may your office be in enabling you to control the
squabbles of the doctors. They ought not to quarrel. At the beginning
of their exercise of their art they take a sort of priestly oath to
hate wickedness and to love purity. Take then this rank of Comes
Archiatrorum, and have the distinguished honour of presiding over so
many skilled practitioners and of moderating their disputes.
'Leave it to clumsy men to ask their patients "if they have had good
sleep; if the pain has left them." Do you rather incline the patient
to ask you about his own malady, showing him that you know more about
it than he does. The patient's pulse, the patient's water, tell to a
skilled physician the whole story of his disease.
'Enter our palace unbidden; command us, whom all other men obey; weary
us if you will with fasting, and make us do the very opposite of that
which we desire, since all this is your prerogative.' |
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6 - 20 FORMULA OF THE OFFICE OF A CONSULAR, AND ITS EXCELLENCY: Consularis.
| 'You bear among your trappings the axes and the rods of the Consul, as
a symbol of the nature of the jurisdiction which you exercise in the
Provinces.
'In some Provinces you even wear the _paenula_ (military cloak) and
ride in the _carpentum_ (official chariot), as a proof of your
dignity.
'You must not think that because your office is allied to that of
Consul any lavish expenditure by way of largesse is necessary. By no
means; but it is necessary that you should abstain from all unjust
gains. Nothing is worse than a mixture of rapacity and prodigality.
'Respect the property of the Provincials, and your tenure of office
will be without blame.
'Receive therefore, for this Indiction, the office of Consular in such
and such a Province, and let your moderation appear to all the
inhabitants.' |
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6 - 21 FORMULA OF THE GOVERNOR (RECTOR) OF A PROVINCE: Rector Provinciae.
| 'It is important to repress crime on the spot. If all criminal causes
had to wait till they could be tried in the capital, robbers would
grow so bold as to be intolerable. Hence the advantage of Provincial
Governors. Receive then for this Indiction the office of Rector of
such and such a Province. Look at the broad stripe (laticlave) on your
purple robe, and remember the dignity which is betokened by that
bright garment, which poets say was first woven by Venus for her son
Priapus, that the son's beautiful robe might attest the mother's
loveliness.
'You have to collect the public revenues, and to report to the
Sovereign all important events in your Province. You may judge even
Senators and the officers of Praefects. Your name comes before that of
even dignified Provincials, and you are called Brother by the
Sovereign. See that your character corresponds to this high vocation.
Your subjects will not fear you if they see that your own actions are
immoral. There can be no worse slavery than to sit on the
judgment-seat, knowing that the men who appear before you are
possessors of some disgraceful secret by which they can blast your
reputation.
'Refrain from unholy gains, and we will reward you all the more
liberally.' |
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6 - 22 FORMULA OF THE COUNT OF THE CITY OF SYRACUSE: Comitiva Syracusana.
| 'We must provide such Governors for our distant possessions that
appeals from them shall not be frequent. Many men would rather lose a
just cause than have the expense of coming all the way from Sicily to
defend it; and as for complaints against a Governor, we should be
strongly inclined to think that a complaint presented by such distant
petitioners must be true.
'Act therefore with all the more caution in the office which we bestow
upon you for this Indiction. You have all the pleasant pomp of an
official retinue provided for you at our expense. Do not let your
soldiers be insolent to the cultivators of the soil (possessores). Let
them receive their rations and be satisfied with them, nor mix in
matters outside their proper functions. Be satisfied with the dignity
which your predecessors held. It ought not to be lowered; but do not
seek to exalt it.' |
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6 - 23 FORMULA OF THE COUNT OF NAPLES: Comitiva Neapolitana.
| 'As the sun sends forth his rays so we send out our servants to the
various cities of our dominions, to adorn them with the splendour of
their retinue, and to facilitate the untying of the knots of the law
by the multitude of jurisconsults who follow in their train. Thus we
sow a liberal crop of official salaries, and reap our harvest in the
tranquillity of our subjects. For this Indiction we send you as Count
to weigh the causes of the people of Naples. It is a populous city,
and one abounding in delights by sea and land. You may lead there a
most delicious life, if your cup be not mixed with bitterness by the
criticisms of the citizens on your judgments. You will sit on a
jewelled tribunal, and the Praetorium will be filled with your
officers; but you will also be surrounded by a multitude of fastidious
spectators, who assuredly, in their conversation, will judge the
Judge. See then that you walk warily. Your power extends for a certain
distance along the coast, and both the buyer and seller have to pay
you tribute. We give you the chance of earning the applause of a vast
audience: do you so act that your Sovereign may take pleasure in
multiplying his gifts.'
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6 - 24 FORMULA ADDRESSED TO THE GENTLEMEN-FARMERS (OR THE TITLEDCULTIVATORS) AND COMMON COUNCILMEN[458] OF THE CITY OF NAPLES [AND SURROUNDING DISTRICT]: Honorati Possessores et Curiales Civitatis Neapolitanae.
| 'You pay us tribute, but we have conferred honours upon you. We are
now sending you a Comes [the one appointed in the previous formula],
but he will be a terror only to the evil-disposed. Do you live
according to reason, since you are reasonable beings, and then the
laws may take holiday. Your quietness is our highest joy[459].'
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6 - 25 FORMULA DE COMITIVA PRINCIPIS MILITUM
| The letter, though very short, is obscure.
It starts with the maxim that every staff of officials ought to have
its own Judge[460], and then, apparently, proceeds to make an
exception to this rule by making the persons addressed--the civil or
military functionaries of Naples--subject to the Comes Neapolitanus
who was appointed by the Twenty-third Formula. No reason is given for
this exception, except an unintelligible one about preserving the
yearly succession of Judges[461]; but the persons are assured that
their salaries shall be safe[462]. |
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7 - 1 FORMULA OF THE COUNT OF A PROVINCE: Comitiva Provinciae.
| 'Your dignity, unlike that of most civil officers, is guarded by the
sword of war. See however that this terrible weapon is only drawn on
occasions of absolute necessity, and only wielded for the punishment
of evil-doers. Anyone who is determining a case of life and death
should decide slowly, since any other sentence is capable of
correction, but the dead man cannot be recalled to life. Let the
ensigns of your power be terrible to drivers-away of cattle, to
thieves and robbers; but let innocence rejoice when she sees the
tokens of approaching succour. Let no one pervert your will by bribes:
the sword of justice is sheathed when gold is taken. Receive then for
this Indiction the dignity of Count in such and such a Province. So
use your power that you may be able to defend your actions when
reduced to a private station, though indeed, if you serve us well in
this office, we are minded to promote you to yet higher dignities.'
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7 - 2 FORMULA OF A PRAESES: Praesidatus.
| 'It has been wisely ordered by the Ancients that a Provincial
Governor's term of office should be only annual. Thus men are
prevented from growing arrogant by long tenure of power, and we are
enabled to reward a larger number of aspirants. Get through one year
of office if you can without blame: even that is not an easy matter.
It rests then with us to prolong the term of a deserving ruler[464],
since we are not keen to remove those whom we feel to be governing
justly. Receive then for this Indiction the Praesidatus of such and
such a Province, and so act that the tiller of the soil (possessor)
may bring us thanks along with his tribute. Follow the good example of
your predecessors: carefully avoid the bad. Remember how full your
Province is of nobles, whose good report you may earn but cannot
compel. You will find it a delightful reward, when you travel through
the neighbouring Provinces, to hear your praises sounded there where
your power extends not. You know our will: it is all contained in the
laws of the State. Govern in accordance with these, and you shall not
go unrewarded.'
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7 - 3 FORMULA OF THE COUNT OF THE GOTHS IN THE SEVERAL PROVINCES: Comitiva Gothorum per singulas Provincias.
| 'As we know that, by God's help, Goths are dwelling intermingled among
you, in order to prevent the trouble (indisciplinatio) which is wont
to arise among partners (consortes) we have thought it right to send
to you as Count, A B, a sublime person, a man already proved to be of
high character, in order that he may terminate (amputare) any contests
arising between two Goths according to our edicts; but that, if any
matter should arise between a Goth and a born Roman, he may, after
associating with himself a Roman jurisconsult[465], decide the strife
by fair reason[466]. As between two Romans, let the decision rest with
the Roman examiners (cognitores), whom we appoint in the various
Provinces; that thus each may keep his own laws, and with various
Judges one Justice may embrace the whole realm. Thus, sharing one
common peace, may both nations, if God favour us, enjoy the sweets of
tranquillity.
'Know, however, that we view all [our subjects] with one impartial
love; but he may commend himself more abundantly to our favour who
subdues his own will into loving submission to the law[467]. We like
nothing that is disorderly[468]; we detest wicked arrogance and all
who have anything to do with it. Our principles lead us to execrate
violent men[469]. In a dispute let laws decide, not the strong arm.
Why should men seek by choice violent remedies, when they know that
the Courts of Justice are open to them? It is for this cause that we
pay the Judges their salaries, for this that we maintain such large
official staffs with all their privileges, that we may not allow
anything to grow up among you which may tend towards hatred. Since you
see that one lordship (imperium) is over you, let there be also one
desire in your hearts, to live in harmony.
'Let both nations hear what we have at heart. You [oh Goths!] have the
Romans as neighbours to your lands: even so let them be joined to you
in affection. You too, oh Romans! ought dearly to love the Goths, who
in peace swell the numbers of your people and in war defend the whole
Republic[470]. It is fitting therefore that you obey the Judge whom we
have appointed for you, that you may by all means accomplish all that
he may ordain for the preservation of the laws; and thus you will be
found to have promoted your own interests while obeying our command.' |
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7 - 4 FORMULA OF THE DUKE OF RAETIA: Ducatus Raetiarum.
| 'Although promotion among the _Spectabiles_ goes solely by seniority,
it is impossible to deny that those who are employed in the border
Provinces have a more arduous, and therefore in a sense more
honourable, office than those who command in the peaceful districts of
Italy. The former have to deal with war, the latter only with the
repression of crime. The former hear the trumpet's clang, the latter
the voice of the crier.
'The Provinces of Raetia are the bars and bolts of Italy. Wild and
cruel nations ramp outside of them, and they, like nets, whence their
name[471], catch the Barbarian in their toils and hold him there till
the hurled arrow can chastise his mad presumption.
'Receive then for this Indiction the _Ducatus Raetiarum_. Let your
soldiers live on friendly terms with the Provincials, avoiding all
lawless presumption; and at the same time let them be constantly on
their guard against the Barbarians outside. Even bloodshed is often
prevented by seasonable vigilance.' |
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7 - 5 FORMULA OF THE PALACE ARCHITECT: Cura Palatii.
| 'Much do we delight in seeing the greatness of our Kingdom imaged
forth in the splendour of our palace.
'Thus do the ambassadors of foreign nations admire our power, for at
first sight one naturally believes that as is the house so is the
inhabitant.
'The Cyclopes invented the art of working in metal, which then passed
over from Sicily to Italy.
'Take then for this Indiction the care of our palace, thus receiving
the power of transmitting your fame to a remote posterity which shall
admire your workmanship. See that your new work harmonises well with
the old. Study Euclid--get his diagrams well into your mind; study
Archimedes and Metrobius.
'When we are thinking of rebuilding a city, or of founding a fort or a
general's quarters, we shall rely upon you to express our thoughts on
paper [in an architect's design]. The builder of walls, the carver of
marbles, the caster of brass, the vaulter of arches[472], the
plasterer, the worker in mosaic, all come to you for orders, and you
are expected to have a wise answer for each. But, then, if you direct
them rightly, while theirs is the work yours is all the glory.
'Above all things, dispense honestly what we give you for the
workmen's wages; for the labourer who is at ease about his victuals
works all the better.
'As a mark of your high dignity you bear a golden wand, and amidst the
numerous throng of servants walk first before the royal footsteps
[i.e. last in the procession and immediately before the King], that
even by your nearness to our person it may be seen that you are the
man to whom we have entrusted the care of our palaces.' |
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7 - 6 FORMULA OF THE COUNT OF THE AQUEDUCTS: Comitiva Formarum Urbis.
| 'Though all the buildings of Rome are wonderful, and one can scarce
for this reason say which are the chief among them, we think a
distinction may be drawn between those which are reared only for the
sake of ornament and those which also serve a useful purpose. Thus,
however often one sees the Forum of Trajan, it always seems a
wonder[473]. To stand on the lofty Capitol is to see all other works
of the human intellect surpassed. And yet neither of these great works
touches human life, nor ministers to health or enjoyment. But in the
Aqueducts of Rome we note both the marvel of their construction and
the rare wholesomeness of their waters. When you look at those rivers,
led as it were over piled up mountains, you would think that their
solid stony beds were natural channels, through so many ages have they
borne the rush of such mighty waters. And yet even mountains are
frequently undermined, and let out the torrents which have excavated
them; while these artificial channels, the work of the ancients, never
perish, if reasonable care be taken of their preservation.
'Let us consider how much that wealth of waters adds to the adornment
of the City of Rome. Where would be the beauty of our _Thermae_, if
those softest waters were not supplied to them?
'Purest and most delightful of all streams glides along the _Aqua
Virgo_, so named because no defilement ever stains it. For while all
the others, after heavy rain show some contaminating mixture of
earth, this alone by its ever pure stream would cheat us into
believing that the sky was always blue above us. Ah! how express these
things in words worthy of them? The _Aqua Claudia_ is led along on the
top of such a lofty pile that, when it reaches Mount Aventine, it
falls from above upon that lofty summit as if it were watering some
lowly valley. It is true that the Egyptian Nile, rising at certain
seasons, brings its flood of waters over the land under a cloudless
sky; but how much fairer a sight is it to see the Roman Claudia
flowing with a never-failing stream over all those thirsty mountain
tops, and bringing purest water through a multitude of pipes to so
many baths and houses. When Nile retreats he leaves mud behind him;
when he comes unexpectedly he brings a deluge. Shall we not then
boldly say that our Aqueducts surpass the famous Nile, which is so
often a terror to the dwellers on his banks either by what he brings
or by what he leaves behind him? It is in no spirit of pride that we
enumerate these particulars, but in order that you may consider how
great diligence should be shown by you to whom such splendid works are
entrusted.
'Wherefore, after careful consideration, we entrust you for this
Indiction with the _Comitiva Formarum_, that you may zealously strive
to accomplish what the maintenance of such noble structures requires.
Especially as to the hurtful trees which are the ruin of buildings,
[inserting their roots between the stones and] demolishing them with
the destructiveness of a battering-ram: we wish them to be pulled up
by the roots, since it is no use dealing with an evil of this kind
except in its origin. If any part is falling into decay through age,
let it be repaired at once: the first expense is the least. The
strengthening of the Aqueducts will constitute your best claim on our
favour, and will be the surest means of establishing your own
fortune. Act with skill and honesty, and let there be no corrupt
practices in reference to the distribution of the water.' |
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7 - 7 FORMULA OF THE PRAEFECT OF THE WATCH OF THE CITY OF ROME: Praefectus Vigilum Urbis Romae.
| 'Your office, exercised as it is in the City itself, and under the
eyes of Patricians and Consuls, is sure to bring you renown if you
discharge its duties with diligence. You have full power to catch
thieves, though the law reserves the right of punishing them for
another official, apparently because it would remember that even these
detestable plunderers are yet Roman citizens. Take then for this
Indiction the _Praefectura Vigilum_. You will be the safety of
sleepers, the bulwark of houses, the defence of bolts and bars, an
unseen scrutineer, a silent judge, one whose right it is to entrap the
plotters and whose glory to deceive them. Your occupation is a nightly
hunting, most feared when it is not seen. You rob the robbers, and
strive to circumvent the men who make a mock at all other citizens. It
is only by a sort of sleight of hand that you can throw your nets
around robbers; for it is easier to guess the riddles of the Sphinx
than to detect the whereabouts of a flying thief. He looks round him
on all sides, ready to start off at the sound of an advancing
footstep, trembling at the thought of a possible ambush. How can one
catch him who, like the wind, tarries never in one place? Go forth,
then, under the starry skies; watch diligently with all the birds of
night, and as they seek their food in the darkness so do you therein
hunt for fame.
'Let there be no corruption, no deeds of darkness which the day need
blush for. Do this, and you will have our support in upholding the
rightful privileges of yourself and your staff.' |
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7 - 9 FORMULA OF THE COUNT OF PORTUS: Comitiva Portus Urbis Romae.
| 'It is a service of pleasure rather than of toil to hold the dignity
of Comes in the harbour of the City of Rome, to look forth upon the
wide sail-traversed main, to see the commerce of all the Provinces
tending towards Rome, and to welcome travellers arriving with the joy
of ended peril. Excellent thought of the men of old to provide two
channels by which strangers might enter the Tiber, and to adorn them
with those two stately cities [Portus and Ostia], which shine like
lights upon the watery way!
'Do you therefore, by your fair administration, make it easy for
strangers to enter. Do not grasp at more than the lawful dues; for the
greedy hand closes a harbour, and extortion is as much dreaded by
mariners as adverse winds. Receive then for this Indiction the
_Comitiva Portus_; enjoy the pleasures of the office, and lay it down
with increased reputation.' |
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7 - 10 FORMULA OF THE TRIBUNUS VOLUPTATUM: Tribunus Voluptatum.
| 'Though the wandering life of the stage-player seems as if it might
run to any excess of licence, Antiquity has wisely provided that even
it should be under some sort of discipline. Thus respectability
governs those who are not respectable, and people who are themselves
ignorant of the path of virtue are nevertheless obliged to live under
some sort of rule. Your place, in fact, is like that of a guardian; as
he looks after the tender years of his ward, so you bridle the
passionate pleasures of your theatrical subjects.
'Therefore, for this Indiction, we appoint you Tribune of [the
people's] Pleasures. See that order is observed at the public
spectacles: they are not really popular without this. Keep your own
high character for purity in dealing with these men and women of
damaged reputation, that men may say, "Even in promoting the pleasures
of the people he showed his virtuous disposition."
'It is our hope that through this frivolous employment you may pass to
more serious dignities.' |
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7 - 11 FORMULA OF THE DEFENSOR OF ANY CITY: Defensor cujuslibet Civitatis.
| [Observe that the Defensor has power to fix prices, in addition to his
original function of protecting the commonalty from oppression.]
'The number of his clients makes it necessary for the representative
of a whole city to be especially wary in his conduct.
'At the request of your fellow-citizens we appoint you, for this
Indiction, Defensor of such and such a city. Take care that there be
nothing venal in your conduct. Fix the prices for the citizens
according to the goodness or badness of the seasons, and remember to
pay yourself what you have prescribed to others. A good Defensor
allows his citizens neither to be oppressed by the laws nor harassed
by the dearness of provisions.' |
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7 - 12 FORMULA OF THE CURATOR OF A CITY: Curator Civitatis.
| This formula differs very little from the preceding, except that the
new officer is told 'wisely to govern the ranks of the Curia.' Stress
is again laid on the regulation of prices: 'Cause moderate prices to
be adhered to by those whom it concerns. Let not merchandise be in the
sole power of the sellers, but let an agreeable equability be observed
in all things. This is the most enriching kind of popularity, which is
derived from maintaining moderation in prices[474]. You shall have the
same salary (consuetudines) which your predecessors had in the same
place.'
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7 - 13 FORMULA OF THE COUNT OF ROME: Comitiva Romana.
| 'If even bolts and bars cannot secure a house from robbery, much more
do the precious things left in the streets and open spaces of Rome
require protection. I refer to that most abundant population of
statues, to that mighty herd of horses [in stone and metal] which
adorn our City. It is true that if there were any reverence in human
nature, it, and not the watchman, ought to be the sufficient guardian
of the beauty of Rome[475]. But what shall we say of the marbles,
precious both by material and workmanship, which many a hand longs, if
it has opportunity, to pick out of their settings? Who when entrusted
with such a charge can be negligent? who venal? We entrust to you
therefore for this Indiction the dignity of the Comitiva Romana, with
all its rights and just emoluments. Watch for all such evil-doers as
we have described. Rightly does the public grief[476] punish those who
mar the beauty of the ancients with amputation of limbs, inflicting on
them that which they have made our monuments to suffer. Do you and
your staff and the soldiers at your disposal watch especially by
night; in the day the City guards itself. At night the theft looks
tempting; but the rascal who tries it is easily caught if the guardian
approaches him unperceived. Nor are the statues absolutely dumb; the
ringing sound which they give forth under the blows of the thief seems
to admonish their drowsy guardian. Let us see you then diligent in
this business, that whereas we now bestow upon you a toilsome dignity,
we may hereafter confer an honour without care.'
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7 - 14 FORMULA OF THE COUNT OF RAVENNA: Comitiva Ravennatis.
| 'High is your honour, to be the means of taking away all slowness from
the execution of our orders. Who knows not what a quantity of ships
you can muster at the least hint from us! Scarcely is the ink dry on
the _evectio_ [permission to use the public post] prepared by some
palace dignitary, when already with the utmost speed it is by you
being carried into effect. Do not exact too much service from
merchants[477], nor yet from corrupt motives let them off too easily.
Be very careful in your judicial capacity, and especially when trying
the causes of the poor, to whom a small error in your judgment may be
far more disastrous than to the rich.'
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7 - 15 FORMULA ADDRESSED TO THE PRAEFECT OF THE CITY ON THE APPOINTMENT
OF AN ARCHITECT: Architectus Publicorum.
| 'It is desirable that the necessary repairs to this forest of walls
and population of statues which make up Rome should be in the hands of
a learned man who will make the new work harmonise with the old.
Therefore for this Indiction we desire your Greatness to appoint A B
Architect of the City of Rome. Let him read the books of the ancients;
but he will find more in this City than in his books. Statues of men,
showing the muscles swelling with effort, the nerves in tension, the
whole man looking as if he had grown rather than been cast in metal.
Statues of horses, full of fire, with the curved nostril, with rounded
tightly-knit limbs, with ears laid back--you would think the creature
longed for the race, though you know that the metal moves not. This
art of statuary the Etruscans are said to have practised first in
Italy; posterity has embraced it, and given to the City an artificial
population almost equal to its natural one. The ancients speak of the
wonders of the world [here enumerated and described], but this one of
the City of Rome surpasses them all. It had need to be a learned man
who is charged with the care of upholding all these works; else, in
his despair, he will deem himself the man of stone, and the statues
about him the truly living men.'
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7 - 16 FORMULA OF THE COUNT OF THE ISLANDS OF CURRITANA AND CELSINA: Comitiva Insulae Curritanae et Celsinae.
| 'The presence of a ruler is necessary; and it is not desirable that
men should live without discipline, according to their own wills. We
therefore appoint you Judge of these two islands. For it is right that
someone should go to the habitations of these men, who are shut out
from converse with the rest of their kind, and settle their
differences by fair reason.
'Oh ye inhabitants of these islands, ye now know whom our Piety has
set over you, and we shall expect you to obey him.' |
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7 - 17 FORMULA CONCERNING THE PRESIDENT OF THE LIME-KILNS: Praepositus Calcis.
| 'It is a glorious labour to serve the City of Rome. It cannot be
doubted that lime (coctilis calx), which is snow-white and lighter
than sponge, is useful for the mightiest buildings. In proportion as
it is itself disintegrated by the application of fire does it lend
strength to walls; a dissolvable rock, a stony softness, a sandy
pebble, which burns the best when it is most abundantly watered,
without which neither stones are fixed nor the minute particles of
sand hardened.
'Therefore we set you, well known for your industry, over the burning
and distribution of lime, that there may be plenty of it both for
public and private works, and that thereby people may be put in good
heart for building. Do this well, and you shall be promoted to greater
things.' |
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7 - 18 FORMULA CONCERNING ARMOURERS: Armorum Factores.
| 'Good arms are of the utmost importance to a community. By means of
them man, the frailest of creatures, is made stronger than monstrous
beasts. Phoroneus is said to have first invented them, and brought
them to Juno to consecrate them by her divinity.
'For this Indiction we set you over the soldiers and workmen in our
armouries. Do not presume in our absence to pass bad workmanship. We
shall find out by diligent search all that you do, and in such a
matter as this consider no mistake venial.' |
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7 - 20 FORMULA AS TO THE COLLECTION OF BINA AND TERNA:
| (1) _If collected by the Judge himself;_
(2) _If collected by his Officium._
These _Bina_ and _Terna_, as stated in the note to iii. 8, are a
mystery. All that can be positively stated about them is that they
were a kind of land-tax, collected from the cultivators (possessores),
and that they had to be brought into the Treasury by the first of
March in each year. Under the first formula the Judex himself, under
the second two _Scriniarii_ superintend the collection, reporting to
the Count of Sacred Largesses. As in the previous letter (iii. 8), the
Judex is reminded that if there is any deficiency he will have to make
it good himself. Cf. Manso, 'Geschichte des Ostgothischen Reiches'
388; and Sartorius, 'Regierung der Ostgothen' 207 and 347. |
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7 - 23 FORMULA OF THE VICARIUS OF PORTUS: Vicarius Portus.
| 'Great prudence is necessary in your office, since discords easily
arise between two nationalities. Therefore you must use skill to
soothe those [the Greek merchants and sailors from the Levant] whose
characters are unstable as the winds, and who, unless you bring their
minds into a state of calm, will, with their natural quickness of
temper, fly out into the extremity of insolence.'
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7 - 24 FORMULA OF THE PRINCEPS OF DALMATIA: Princeps Dalmatiarum.
| 'Whosoever serves while bearing the title of Princeps has high
pre-eminence among his colleagues. To the Consul of the Provinces
power is given, but to you the Judge himself is entrusted. Without you
there is no access to the Secretarium, nor is the ceremony of
salutation[478] [by subordinate officers] performed. You hold the
vine-rod[479] which menaces the wicked; you have the right, withheld
from the Governor himself, of punishing the insolence of an orator
pleading in his Court. The records of the whole suit have to be signed
by you, and for this your consent is sought after the will of the
Judge has been explained.'
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7 - 25 FORMULA RECOMMENDING THE PRINCIPES[480] TO THE COMES: Ad Commendandos Comiti Principes.
| 'It is our glory to see you [a Goth, one of our own nation]
accompanied by a Roman official staff. Acting through such Ministers,
your power seems to be hallowed by the sanction of Antiquity.
'For to this point, by God's help, have we brought our Goths, that
they should be both well-trained in arms and attuned to justice. It is
this which the other races cannot accomplish; this that makes you
unique among the nations, namely, that you, who are accustomed to war,
are seen to live obedient to the laws side by side with the Romans.
Therefore from out of our _Officium_, we have decided to send A and B
to you, that according to ancient custom, while forwarding the
execution of your commands they may bring those commands into
conformity with the mind of past ages[481].' |
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7 - 26 FORMULA OF THE COUNTSHIP OF THE SECOND RANK IN DIVERS CITIES[482]: Comitiva diversarum civitatum.
| For the sentences, more than usually devoid of meaning, in which
Cassiodorus dilates on Free-will, Justice, and the mind of man, it may
be well to substitute Manso's description of this dignity (p. 379):
'By the title of a Count of the Second Order the Judges in little
towns appear chiefly to have been rewarded and encouraged. Those named
for it, however, can hardly have received any great distinction or
especial privileges, for Cassiodorus not only enumerates no civic
advantages thus secured to them, but expressly says, "We intend to
bestow better things than this upon you, if you earn our approbation
in your present office." He does not use this language to those
adorned with the _Comitiva Primi Ordinis_.' |
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7 - 29 FORMULA CONCERNING THE GUARD AT THE GATES OF A CITY: De Custodiendis Portis Civitatis.
| 'We entrust to you an important office, the care of the gate of such
and such a city. Do not keep it always shut--that were to turn the
city into a prison; nor let it always lie open--then the walls are
useless. Use your own judgment, but remember that the gate of a city
is like the jaws of the human body, through which provisions enter to
nourish it.'
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7 - 30 FORMULA OF THE TRIBUNATE IN THE PROVINCES: Tribunatus Provinciarum.
| 'It is right that one who has served his time in civil employment
should receive his reward, and we therefore appoint as your Tribune
the man who has a right to the office by seniority. You are to obey
him, since officers of this kind partake of the nature of Judges
[governors], as they are called to account for any excesses committed
by you.'
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7 - 31 FORMULA OF THE PRINCEPS OF THE CITY OF ROME: Formula Principatus Urbis Romae.
| 'As there must be the _Officium_, of a Count in Rome, and as we want
to have our chief Princeps[487] near us [in Ravenna], we wish you to
take his place and wield power as his _Vicarius_ in Rome.
'If you think that any of the _Comitiaci_ ought to be sent to attend
our Comitatus [at Ravenna], do so at your own discretion, retaining
those whom you think proper to retain at Rome. Let there be an
alternation, however, that one set of men be not worn out with
continuous labour, while the others are rusting in idleness.' |
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7 - 32 FORMULA OF THE MASTER OF THE MINT: Formula qua Moneta Committitur.
| 'Great is the crime of tampering with the coinage; a crime against the
many--whose buying and selling is disturbed by it; and a crime and a
sacrilege against us, whose image is impressed on the coins.
'Let everything be pure and unalloyed which bears the impress of our
Serenity. Let the flame of gold be pale and unmixed, let the colour of
silver smile with its gracious whiteness, let the ruddy copper retain
its native glow.
'Coins are to keep their full weight. They used to pass current by
weight, not by tale, whence the words for profit and expenditure[488].
_Pecunia_ was named from cattle (pecus). You must see that our money
does not return to this low condition. King Servius first used
stamped money. Take then the care of the mint; hold it for five years,
and be very careful how you administer it.' |
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7 - 33 FORMULA RESPECTING THE AMBASSADORS OF VARIOUS NATIONS: Formula Legatorum Gentium Diversarum.
| 'Since it is important that when ambassadors return to their country
they should feel that they have been well treated in ours, hand the
enclosed _douceur_ (humanitas), and a certain quantity of fodder for
their horses, to the ambassadors of such and such a nation. Nothing
pleases those who have commenced their return journey better than
speeding them on their way.'
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7 - 36 FORMULA GRANTING TEMPORARY LEAVE OF ABSENCE: Formula Commeatalis ad tempus.
| 'All men require change: even honey cloys after a time. We therefore
give you leave to visit such a Province and remain there so many
months, with the understanding that when they are over you return to
the City. If it be tedious to live always in the City, how much more
to live long in the country! But we gladly give you this holiday, not
that Rome should be deserted, but that absence from her may commend
her to you all the more.'
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7 - 37 FORMULA CONFERRING THE RANK OF A SPECTABILIS: Spectabilitas.
| 'Wishing to bestow the right honours on the right man among our
subjects, we decorate you with the splendour of a _Spectabilis_, that
you may know that your opinion is duly respected[489] at all public
meeting-places, when you take your honoured seat among the nobles.'
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7 - 38 FORMULA CONFERRING THE RANK OF A CLARISSIMUS: Clarissimatus.
| 'The desire of praise is a good thing, and leads to the increase of
virtue. Receive the honour of the _Clarissimatus_, as a testimony to
the excellence of your past life and a pledge of your future
prosperity. Observe, you are not called _Clarus_, but _Clarissimus_.
Everything that is most excellent may be believed of him who is
saluted by such a splendid superlative.'
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7 - 39 FORMULA BESTOWING 'POLICE PROTECTION.'
| 'Though it seems superfluous to grant special protection to any of our
subjects, since all are shielded by the laws, yet moved by your cry
for help we are willing to relieve you and to give you as a strong
tower of defence the shelter of our name[490], into which you may
retire when wounded by the assaults of your enemies. This defence will
avail you alike against the hot-headed onslaughts [of the Goths] and
the ruinous chicanery [of the Romans][491]; but you must beware that
you, who have thus had to solicit the help of the law, do not yourself
set law at defiance by refusing to appear in answer to a summons.
'That our royal protection be not a mere name, we appoint A and B to
protect you by their fidelity and diligence, the former against the
Goths, and the latter against the Romans[492]. If any one hereafter
attempt any act of _incivilitas_ against you, you will see your desire
upon your enemies.' |
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7 - 40 FORMULA FOR THE CONFIRMATION OF MARRIAGE AND THE LEGITIMATION OF
OFFSPRING.
| 'An eternal benefit is that which is bestowed on a man's offspring;
and hard is the lot of him who, born with a stain on his name, finds
his troubles prepared as soon as he comes forth to the light of day.
'You pray that the woman whom you have loved but not married may
receive the honour of wedlock, and that your children by her may
attain the name of heirs. We grant your request, and ordain that your
mistress shall be your lawful wife, and the children whom you love
and whom Nature has given you, your successors.' |
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7 - 41 FORMULA CONFERRING THE RIGHTS OF FULL AGE.
| 'An honourable boast is contained in the suit for "venia aetatis." In
it a young man says, "Give me those rights which my stability of
character warrants, though my age does not as yet entitle me to them."
'Thus you refuse the protection which the law throws round the years
of weakness, and this is as bold a thing as any man can do. We grant
your request; and if you can prove that you have come to the age at
which "venia aetatis" should be asked for, we ordain that, with the
proper formalities which have been of old provided in this
matter[493], you shall be admitted to all the rights of an adult, and
that your dispositions of property, whether in city or country, shall
be held valid[494]. You must exhibit that steadfastness of character
which you claim. You say that you will not be caught by the snares of
designing men; and you must remember that now to deny the fulfilment
of your promise will become a much more serious matter than
heretofore.' |
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7 - 42 FORMULA OF AN EDICT TO THE QUAESTOR ORDERING THE PERSON WHO ASKS
FOR THE PROTECTION OF A SAJO TO GIVE BAIL.
| 'Heavy charges are sometimes brought against the Sajones whom with the
best intentions we have granted for the protection of our wealthy
subjects. We are told that the valour of the Sajo is employed not
merely for the protection of him to whom he is assigned, but for
illegal violence and rapine against that person's enemies. Thus our
remedy becomes itself a disease. To guard against this perversion of
our beneficent designs we ordain that anyone asking for the
guardianship of a brave Sajo against violence with which he feels
himself unable to cope, shall give a penal bond to our Officium, with
this condition, that if the Sajo[495] who is assigned to him shall
exceed our orders by any improper violence, he himself shall pay by
way of fine so many pounds of gold, and shall make satisfaction for
the damage sustained by his adversary as well as for the expenses of
his journey [to obtain redress]. For our wish is to repress uncivil
dispositions, not to injure the innocent. As for the Sajo who shall
have wilfully transgressed the limit of our commands, he shall lose
his donative, and--which is the heaviest of all punishments--our
favour also. Nor will we entrust any further duty to him who has been
the violator rather than the executor of our will.'
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7 - 44 FORMULA FOR THE GRANT OF PUBLIC PROPERTY ON CONDITION OF
IMPROVEMENT.
| 'He who seeks to become owner of public property can only justify his
claim by making the squalid beautiful, and by adorning the waste.
Therefore, as you desire it, we confer upon you as your full property
such and such a place, reserving all mineral rights--brass, lead,
marbles--should any such be found therein; but we do this on the
understanding that you will restore to beauty that which has become
shabby by age and neglect. It is the part of a good citizen to adorn
the face of his city, and you may securely transmit to your posterity
that which your own labour has accomplished[497].'
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7 - 45 FORMULA OF REMISSION OF TAXES WHERE THE TAXPAYER HAS ONLY ONE
HOUSE, TOO HEAVILY ASSESSED: Formula qua census relevetur ei qui unam casam possidet
praegravatam.
| 'You complain that the land-tax (tributum) levied upon your holding
(possessio) in such a Province is so heavy that all your means are
swallowed up in the swamp of indebtedness, and that more is claimed by
the tax-collectors than can be obtained from the soil by the
husbandman. You might, by surrendering the property altogether, escape
from this miserable necessity which is making you a slave rather than,
a landowner; but since the Imperial laws (sacratissimae leges) give us
the power to relieve a man of moderate fortune in such circumstances,
our Greatness, which always hath the cause of justice at heart,
decrees by these presents that if the case be as you say, the
liability for the payment of so many solidi on behalf of the aforesaid
property shall be cancelled in the public archives, and that this
shall be done so thoroughly that there shall be no trace of it left in
any copy of the taxing-rolls by which the charge may be revived at a
future day[498].'
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7 - 46 FORMULA LEGITIMATING MARRIAGE WITH A FIRST COUSIN: Formula qua consobrina legitima fiat uxor.
| 'After the laws of the two tables, Moses adds the laws wherein God
forbids marriages between near kindred, to guard against incest and
provide for a wise admixture of divers strains of blood[499].
'These commands have been extended to remoter degrees of relationship
by the wise men of old, who have however reserved to the Prince the
power of granting dispensations from the rule in the cases (not likely
to be frequent) where first cousins (by the mother's side) seek to
intermarry.
'Acting on this wise principle we permit you to marry C D, if she is
of no nearer kinship to you than first cousin. By God's favour may you
have legitimate heirs from this marriage, which, our consent having
been obtained, is not blameable but praiseworthy.' |
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7 - 47 FORMULA ADDRESSED TO THE PRAETORIAN PRAEFECT DIRECTING THE SALE OF
THE PROPERTY OF A CURIALIS: Formula ad Praefectum, ut sub decreto Curialis praedia
vendat.
| 'It is the hard lot of human nature often to be injured by the very
things which were intended as remedies. The prohibition against the
sale of the property of a Curialis was intended for his protection,
and to enable him fearlessly to discharge his share of the public
burdens. In some cases, however, where he has contracted large debts,
this prohibition simply prevents him from saving anything out of the
gulf of indebtedness. You have the power, after making due enquiry
into the circumstances, to authorise the sale of such a property. You
have the power; but as the proceeding is an unusual one, to guard you
against any odium to which it may expose you, we fortify your Eminence
by this our present command. Let the Curialis who petitions for this
relief satisfy you as to the cause of his losses, that it may be shown
that they are really the result of circumstances beyond his own
control, not due to his own bad character.
'Wisely has Antiquity laid upon _you_ the responsibility of deciding
cases of this kind, you whose advantage lies in the maintenance of the
Curia. For by whom could its burdens be borne, if the nerves of the
communities should everywhere be seen to be severed[500]?' |
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8 - 1 KING ATHALARIC TO THE EMPEROR JUSTIN (A.D. 526): The accession of Athalaric announced to the Emperor
Justin.
| 'Most earnestly do I seek your friendship, oh most clement of Princes,
who are made even more illustrious by the wide extension of your
favours than by the purple robe and the kingly throne. On this
friendship I have an hereditary claim. My father was adorned by you
with the palm-enwoven robe of the Consul [Eutharic, Consul 519] and
adopted as a son in arms, a name which I, as one of a younger
generation, could more fittingly receive[501]. My grandfather also
received curule honours from you[502] in your city. Love and
friendship should pass from parents to their offspring, while hatred
should be buried in the tomb; and therefore with confidence, as one
who by reason of my tender years cannot be an object of suspicion to
you, and as one whose ancestors you have already known and cherished,
I claim from you your friendship on the same compacts and conditions
on which your renowned predecessors granted it to my lord and
grandfather of Divine memory[503]. It will be to me something better
than dominion to have the friendship of so excellent and so mighty a
ruler. My ambassadors (A and B) will open the purport of their
commission more fully to your Serenity.'
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8 - 2 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME ON HIS ACCESSION
(A.D. 526): To the Senate.
| 'Great must be the joy of all orders of the State at hearing of the
accession of a new ruler, above all of a peaceful succession, without
war, without sedition, without loss of any kind to the Republic.
'Such has been our succession to our grandfather. On account of the
glory of the Amal race, which yields to none[504], the hope of our
youth has been preferred to the merits of all others. The chiefs,
glorious in council and in war, have flocked to recognise us as King
so gladly, so unmurmuringly, that it seems like a Divine inspiration,
and the kingdom has been changed as one changes a garment.
'The institution of royalty is consolidated when power thus passes
from one generation to another, and when a good prince lives again,
not in statues of brass but in the lineaments and the character of his
descendants.
'The general consent of Goths and Romans [at Ravenna] has crowned us
King, and they have confirmed their allegiance by an oath. You, though
separated from us by space, are, we know, as near to us in heart as
they; and we call upon you therefore to follow their example. We all
know that the most excellent fathers of the Senate love their King
more fervently than other ranks of the State, in proportion to the
greater benefits which they have received at his hand.
'And since one should never enter your Curia empty-handed, we have
sent our Count, the Illustrious Sigismer, with certain persons to
administer the oath to you. If you have any requests to make to us
which shall be for the common benefit of the Republic, make them
through him, and they are granted beforehand.' |
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8 - 3 KING ATHALARIC TO THE ROMAN PEOPLE (A.D. 526): To the citizens of Rome.
| 'If a stranger to the royal line were succeeding to the throne, you
might doubt whether the friendship between him and you would endure,
and might look for a reversal of the policy of his predecessors. But
now the person of the King only, not his policy, is changed. We are
determined to follow the revered maxims of our predecessor, and to
load with even more abundant benefits those whom he most kindly
defended.
'Everything was so ordered by our glorious grandfather that on his
death the glad consent of Goths called us to our kingdom; and that no
doubt might remain upon the matter they pledged themselves by an oath
most cordially taken, to accept us as their ruler. We invite you to
follow their example, and like Trajan, we, the Sovereign, in whose
name all oaths are made, will also swear to you. The bearers of this
letter will receive your sworn promise, and will give you ours, "by
the Lord's help to observe justice and fair clemency, the nourisher of
the nations; that Goths and Romans shall meet with impartial
treatment at our hands; and that there shall be no other division
between the two nations, except that _they_ undergo the labours of war
for the common benefit, while _you_ are increased in numbers by your
peaceable inhabitancy of the City of Rome[505]." Raise then your
spirits, and hope for even better things and more tranquillity, under
God's blessing, from our reign than from that of our predecessor.' |
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8 - 5 KING ATHALARIC TO ALL THE GOTHS SETTLED IN ITALY (A.D. 526): To the Goths.
| 'Gladly would we have announced to you the prolonged life of our lord
and grandfather; but inasmuch as he has been withdrawn by hard fate
from us who loved him, he has substituted us, by Divine command, as
heirs of his kingdom, that through us his successors in blood, he
might make the benefits which he has conferred on you perpetual. And
in truth we hope not only to defend but to increase the blessings
wrought by him. All the Goths in the Royal City [Ravenna] have taken
the oaths to us. Do you do the same by this Count whom we send to you.
'Receive then a name which ever brought prosperity to your race, the
royal offshoot of the Amals, the sprout of the Balthae[506], a
childhood clad in purple. Ye are they by whom, with God's help, our
ancestors were borne to such a height of honour, and obtained an ever
higher place amid the serried ranks of kings[507].' |
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8 - 7 KING ATHALARIC TO ALL THE PROVINCIALS SETTLED IN GAUL (A.D. 526): To the Gaulish subjects of Athalaric.
| 'Our grandfather of glorious memory is dead, but we have succeeded
him, and will faithfully repay, both on his account and our own, the
loyalty of our subjects.
'So unanimous was the acclamation of our [Italian] subjects when we
succeeded to the throne, that the thing seemed to be of God rather
than of man.
'We now invite you to follow their example, that the Goths may give
their oath to the Romans, and the Romans may confirm it by a
_Sacramentum_ to the Goths, that they are unanimously devoted to our
King.'
'Thus will your loyalty be made manifest, and concord and justice
flourish among you.' |
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8 - 8 KING ATHALARIC TO VICTORINUS, VIR VENERABILIS AND BISHOP[508] (A.D. 526): To Bishop Victorinus.
| 'Saluting you with all the veneration due to your character and
office, we inform you with grief of the death of our lord and
grandfather. But your sadness will be moderated when you hear that his
kingdom is continued in us. Favour us with your prayers, that the King
of Heaven may confirm to us the kingdom, subdue foreign nations before
us, forgive us our sins, and propitiously preserve all that He was
pleased to bestow on our ancestors. Let your Holiness exhort all the
Provincials to concord.'
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8 - 9 KING ATHALARIC TO TULUM, PATRICIAN: Praises of Tulum, who is raised to the Patriciate.
| 'As our grandfather used to refresh his mind and strengthen his
judgment by intercourse with you, so, _Ã fortiori_, may we in our
tender years do the same. We therefore make you, by this present
letter, Patrician, that the counsels which you give us may not seem to
proceed from any unknown and obscure source.
'Greece adorned our hero [Tulum] with the chlamys and the painted
silken buskin; and the Eastern peoples yearned to see him, because
for some reason civic virtues are most prized in him who is believed
to be of warlike disposition[509]. Contented with this repayment of
honour he laboured with unwearied devotion for foreign countries (?),
and with his relations (or parents) he deigned to offer his obedience
to the Sovereign, who was begotten of the stock of so many Kings[510].
[Footnote 510: 'Hac igitur honoris remuneratione contentus, pro
exteris partibus indefessa devotione laboravit: et praestare com suis
parentibus principi dignabatur obsequium, qui tantorum regum fuerat
stirpe procreatus.' This sentence is full of difficulties. What can he
mean by the labour 'pro exteris partibus?' Who is the 'Princeps' whom
Tulum deigns to serve: the Eastern Emperor or Theodoric? Above all,
who is 'tantorum regum stirpe procreatus?' I think the turn of the
sentence requires that it should be Tulum; but Dahn has evidently not
so understood it, for in his Könige der Germanen (iii. 29, 30) he
makes Tulum a conspicuous example of a man not of noble birth raised
to high dignity, and says that the two long letters about him in the
Variae contain no allusion to illustrious descent.]
'His toil so formed your character that we have the less need to
labour. With you he discussed the sure blessings of peace, the
doubtful gains of war; and--rare boon from a wise King--to you, in his
anxiety, he confidently opened all the secrets of his breast. You,
however, responded fully to his trust. You never put him off with
doubtful answers. Ever patient and truthful, you won the entire
confidence of your King, and dared even, hardest of all tasks, to
argue against him for his own good.
'Thus did your noble deeds justify your alliance with the Amal race
[apparently he has received an Amal princess in marriage], and thus
did you become worthy to be joined in common fame with Gensemund, a
man whose praises the whole world should sing, a man only made son by
adoption in arms to the King, yet who exhibited such fidelity to the
Amals that he transferred it even to their heirs, although he was
himself sought for to be crowned[511]. Therefore will his fame live
for ever, so long as the Gothic name endures.
'We look for even nobler things from you, because you are allied to us
by race.' |
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8 - 10 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: On the elevation of Tulum to the Patriciate.
| 'We are conferring new lustre on your body by the promotion of Tulum.
A man sprung from the noblest stock[512] he early undertook the duties
of attendance in the King's bedchamber[513], a difficult post, where
the knowledge that you share the secret counsels of royalty itself
exposes you to enmity.
'In the dawn of manhood he went forth with our army to the war of
Sirmium [A.D. 504], showed what one of our young nobles bred in peace
could do in war, triumphed over the Huns[514], and gave to slaughter
the Bulgarians, terrible to the whole world. Such warriors do even our
nurseries send forth: thus does the preparation of a courageous heart
supersede the necessity for martial training[515].
'Returned to the Court he became the most intimate counsellor of the
King, who arranged with him all his plans for campaign, and so
admitted him to his most secret thoughts that Tulum could always
anticipate how Theodoric would act in every fresh conjuncture of
events; and it may be said "by offering him counsel he ruled the
King[516]."
'He then distinguished himself in the Gaulish campaign [A.D. 508],
where he was already enrolled among the generals, directing the
campaign by his prudence, and bravely sharing its dangers. In the
fierce fight which was waged at Arles for the possession of the
covered bridge across the Rhone[517], the bravery of our _candidatus_
was everywhere conspicuous, and he received many honourable wounds,
those best and most eloquent champions of a soldier's courage.
'But a general ought not to be always fighting. I have pleasure in
relating his next success, which was brilliant yet achieved without
bloodshed. When the Frank and Burgundian again fell out, he was sent
to Gaul [A.D. 523] to defend our frontier from hostile incursion. He
then obtained for the Roman Republic, without any trouble, a whole
Province while others were fighting. It was a triumph without a
battle, a palm-branch without toil, a victory without slaughter.
'So great were his services in this campaign that Theodoric considered
that he ought to be rewarded by the possession of large lands in the
district which he had added to our dominions.
'A storm overtook him on his return to Italy: the remembrance of the
vanished danger of that storm is sweet to us now[518]. In the wide,
foaming sea his ship was swallowed up. He had to save himself by
rowing; the sailors perished; he alone with the dear pledge of his
love [one child?] escaped. Theodoric rushed to the shore, and would
have dashed into the waves to save his friend, but had the delight of
receiving him unharmed, saved manifestly by Divine protection for his
present honours.
'Favour then, Conscript Fathers, the ambition of our _candidatus_, and
open for the man of our choice the Hall of Liberty[519]. The race of
Romulus deserves to have such martial colleagues as Tulum.' |
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8 - 11 TULUM, ILLUSTRIS AND PATRICIAN, TO THE SENATE OF THE CITY OF ROME: Tulum's address to the Senate.
| 'I pray you to receive favourably the order of the King which makes me
a member of your body.
'I have ever favoured the dignity of the Senate, as if with a
prescience that I should one day hold it. When I shared the counsels
of Theodoric, that chief of Kings, of glorious memory, I often by my
intercessions obtained for members of your body Consulships,
Patriciates, Praefectures; and now, behold, I am similarly honoured
myself. Reflect, I pray, that by my accepting it, the genius of the
Patriciate is exalted, since none of my fellow-countrymen will hold
cheaply that rank in you which he sees honoured in me. Live in
security, by the blessing of God; enjoy your prosperity with your
children; and strive, now as always, to show forth the true Roman type
of character. I shall defend those with whom I am now associated.' |
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8 - 12 KING ATHALARIC TO ARATOR, VIR ILLUSTRIS: Bestowing on him the rank of Comes Domesticorum.
| 'By raising Tulum to the Patriciate we have provided for the military
strength of the State. Now must we see to it that she is equally
adorned by the glory of letters, and for this purpose we raise you,
still in the prime of life, to the rank of _Comes Domesticorum_. By
your example it was seen that eloquence could be acquired elsewhere
than at Rome, since in your own Province [probably Dalmatia] your
father, who was an extremely learned man, taught you to excel in this
art: a happy lot for you, who obtained from your father's love that
accomplishment which most youths have to acquire with terror from a
master.
'That I may say something here of a very _recherché_ character[520], I
may mention that, according to some, letters were first invented by
Mercury, who watched the flight of cranes by the Strymon, and turned
the shapes assumed by their flying squadron into forms expressive of
the various sounds of the human voice.
'You were sent upon a stately embassy[521] by the Provincials of
Dalmatia to our grandfather; and there, not in commonplace words but
with a torrent of eloquence, you so set forth their needs and the
measures which would be for the advantage of the public, that
Theodoric, a man of cautious temperament, listened to your flow of
words without weariness, and all men desired still to listen, when you
ceased speaking. |
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8 - 13 KING ATHALARIC TO AMBROSIUS: Conferring on him the Quaestorship.
| 'A steady gradation of honours secures good servants for the State.
You have already served with credit the office of Count of the Private
Largesses. And you have also filled satisfactorily the place of a high
official who was dismissed in disgrace[522]. We now therefore promote
you to the office of Quaestor, and expect you to be the Pliny to the
new Trajan. Let your eloquent tongue adorn all that we have to say,
and be fearless in suggesting to us all that is for the welfare of the
State. A good Sovereign always allows his ministers to speak to him on
behalf of justice, while it is the sure mark of a tyrant to refuse to
listen to the voice of the ancient maxims of law. Remember that
celebrated saying of Trajan to an orator: "Plead, if I am a good
ruler, for the Republic and me; if I am a bad one, for the Republic
against me[523]." But remember, that if we are thus severe upon
ourselves we are equally strict with regard to you, and expect you to
follow the example of your noble ancestors, and to abstain from
everything like an infraction of the laws. We confer upon you the
insignia of the Quaestorship for this fifth Indiction' [Sept. 1,
526--Sept. 1, 527].
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8 - 14 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: elevation of Ambrosius to the Quaestorship.
| 'As a kind of door to our royal favour do we appoint Ambrosius to be
our Quaestor. You know his merits of old: but, to speak only of recent
matters[524], we may remind you that when your hearts were wrung with
grief for the death of our glorious grandfather, it was by his mouth
that we assured you of our determination to continue to you the
blessings of good government.
'The presence of Ambrosius is full of dignity, and has a soothing
influence which the words of his speech do but confirm[525]. It is
unfortunate for an orator to have eloquence for his only gift, and to
have to obliterate by his oration the unfavourable effect produced on
the multitude by his appearance.
'We consider it not necessary to praise his eloquence. Of course a
Quaestor is eloquent. While some have the government of a Province
committed to them, others the care of the Treasury, he receives the
ensigns of his dignity in order that by him his Sovereign's fame may
be spread abroad through the whole world.' |
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8 - 15 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: Election of Pope Felix III.
| 'We profess that we hear with great satisfaction that you have
responded to the judgment of our glorious lord and grandfather in your
election of a Bishop. It was right in sooth to obey the will of a good
Sovereign, who, handling the matter with wise deliberation, although
it had reference to a form of faith alien from his own[526], thought
fit to select such a Pontiff as could rightfully be displeasing to
none. You may thus recognise that his one chief desire was that
Religion might flourish by good priests being supplied to all the
churches.
'You have received then a man both admirably endowed with Divine grace
and approved by royal scrutiny. Let no one any longer be involved in
the old contention. There is no disgrace in being conquered when the
King's power has helped the winning side. That man makes him [the
successful candidate] his own, who manifests to him pure affection.
For what cause for regret can there be, when you find in this man,
those very qualities which you looked for in the other when you
embraced his party?
'These are family quarrels[527], a battle without cold steel, a
contest without hatred: by shouts, not wounds, a matter like this is
decided.
'For even though the person who is desired be taken from you, yet
naught is lost by the faithful, since the longed-for priesthood is
possessed by them. [They have a Pope, if not just the Pope whom they
wished for.] Wherefore on the return of your Legate, the Illustrious
Publianus, we have thought it right to send to your assembly these
letters of salutation. For we taste one of our highest pleasures when
we exchange words with our nobles; and we doubt not that this is very
sweet to you also, when you reflect that what you did by our
grandsire's order is personally agreeable to ourselves.' |
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8 - 16 KING ATHALARIC TO OPILIO, COUNT OF THE SACRED LARGESSES (527): Opilio appointed Comes Sacrarum Largitionum.
| 'It is generally necessary to weigh carefully the merits of a new
aspirant to the honours of the Court (aulicas dignitates); but in your
case the merits of your family render this examination needless. Both
your father and brother held the same office[528] which we are now
entrusting to you, and one may say that this dignity has taken up its
abode in your house.
'You learned the duties of a subordinate in the office under your
brother; and often did he, leaning upon you as on a staff, take a
little needful repose, knowing that all things would be attended to by
you. The crowds of suppliants who resorted to him with their
grievances, shared the confidence which the people had in you, and saw
that you were already assuming the character of a good judge.
'Most useful also were your services to the throne at the commencement
of the new reign, when men's minds were in trouble as to what should
happen next. You bore the news of our accession to the Ligurians, and
so strengthened them by your wise address that the error into which
they had been betrayed by the sun-setting was turned into joy at the
rising of our empire[529].'
'We therefore confer upon you the dignity of Count of the Sacred
Largesses from this sixth Indiction (Sept. 1, 527). Enjoy all the
privileges and emoluments which belonged to your predecessors. God
forbid that those whose own actions are right should be shaken by any
machinations of calumny. There was a time when even Judges were
harassed by informers (delatores); but that time is over. Lay aside
then all fear, you who have no errors to reproach yourself with, and
freely enjoy the advantages of your dignity. Imitate your brother:
even though a little way behind him you will still be before most
holders of the office. He was a man of the highest authority and of
proved constancy, and the highest testimony to his merits was afforded
by the fact that even under a successor who was hostile to him the
whole official staff of the palace was loud in his praises[530].'
[This letter is of great importance, as containing indirectly the
expression of Cassiodorus' opinion on the trial of Boethius, and the
tendency of that opinion seems to be against him and in favour of his
accusers. Comparing this letter with v. 40, addressed to Cyprian,
Cornes Sacrarum Largitionum and _son of Opilio_, we may with something
like certainty construct this genealogical table:
OPILIO,
C.S.L. (? son of the Consul of 453).
_________________|_________________
| |
CYPRIAN, OPILIO,
C.S.L. 524. C.S.L. 527.
Now Cyprian, whose ready wit and ingenious eloquence had rendered him
a favourite with Theodoric, is represented to us in the 'Philosophiae
Consolatio' of Boethius (I. iv.) and in the 'Anonymus Valesii' (85) as
the informer by whom Albinus and Boethius were accused of high
treason. Opilio too (no doubt the same as the receiver of this letter)
is described by Boethius (loc. cit.) as a man who on account of his
numberless frauds had been ordered by the King to go into banishment,
had taken refuge at the altar, and had been sternly bidden to leave
Ravenna before a given day, and then had purchased pardon by coming
forward as a _delator_ against Boethius.
Against all this passionate invective it is fair to set this
remarkable letter of Cassiodorus, written it is true in the young
King's name and presenting the Court view of these transactions, but
still written after the death of Theodoric, and perhaps republished by
Cassiodorus in the 'Variarum' after the downfall of the Gothic
Monarchy. In any case the allusions to _delatores_ in this letter,
considering the history of Opilio and his brother, are extraordinary.] |
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8 - 17 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: The same subject.
| This letter, though it does not mention the name of Opilio, is
evidently written on his promotion to the office of Comes Sacrarum
Largitionum. It enumerates his good qualities, and declares that it is
marvellous and almost fortunate for Athalaric that so suitable a
candidate should not have been promoted in the reign of his
grandfather. The father of Opilio was a man of noble character and
robust body, who distinguished himself by his abstinence from the
vices of the times and his preference for dignified repose in the
stormy period of Odovacar[531].
'He was reputed an excellent man in those times, when the Sovereign
was not a man of honour[532]. But why go back to his parentage, when
his brother has set so noble an example. The friendship, the rivalry
in virtue of these two brothers, is worthy of the good old times. Both
are true to their friends; both are devoid of avarice. Both have kept
their loyalty to their King unspotted, and no marvel, since they have
first shown themselves true to their friends and colleagues.
'Distinguished by these virtues, our candidate has been fittingly
allied by marriage with the noble family of Basilius[533].
'He has managed his private affairs so as to avoid the two extremes of
parsimony and extravagance. He has become popular with the Goths by
his manner of life, and with the Romans by his righteous
judgments[534]; and has been over and over again chosen as a referee
(Judex privatus), thus showing the high opinion in which his integrity
is held.
'The Conscript Fathers are exhorted to endorse the favourable judgment
of the King, by welcoming the new Count of Sacred Largesses into their
body.' |
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8 - 18 KING ATHALARIC TO FELIX, QUAESTOR (527): Promotion of Felix to the Quaestorship.
| 'It is desirable that those who are appointed as Judges should know
something of law, and most unfitting that he whom so many officials
(_milites_) obey should be seen to be dependent for his law on some
one of his subordinates.
'You long ago, when engaged in civil causes as an Advocate, were
marked out by your Sovereign's eye[535]. He noted your eloquence, your
fidelity, your youthful beauty, and your maturity of mind. No client
could ask for more devotion than you showed in his cause; no Judge
found in you anything to blame.
'Receive then now the dignity of Quaestor for this sixth Indiction
(Sept. 1, 527), and judge in the Courts where hitherto you have
pleaded.
'You are called Felix; act so as always to merit that name; for it is
absurd to have a name which denotes one thing and to display the
opposite in one's character. We think we have now said enough for a
man of your good conscience. Many admonitions seem to imply a doubt of
the character of him who receives them.' [A maxim often forgotten by
Cassiodorus.] |
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8 - 19 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: promotion of Felix.
| 'As the sky with stars, or the meadow with flowers, so do we wish the
Senate to be resplendent with the men of eminence whom we introduce
into it. It is itself a seminary of Senators; but our favour and the
dignities of our Court also rear them.
'The Quaestorship is the true mother of the senatorial dignity, since
who can be fitter to take his seat in the Curia than he who has shared
the counsels of his Sovereign?
'You know the eloquence of our candidate [Felix], his early triumphs,
his modesty, his fidelity. To leave such a man unpromoted were a
public loss; and he will always love the laws by the practice of which
he has risen to eminence.
'Nor is he the first of his race to earn rhetorical distinction. His
father shone so brilliantly in the Forum of Milan, that he bloomed
forth with undying fruits from the soil of Cicero[536]. He stood
against Magnus Olybrius, he was found equal in fluency to
Eugenius[537] and many others whom Rome knew as foremost in their
art. If the transmission of material wealth by long descent makes men
noble, how much more should the inheritance of the treasures of the
intellect give nobility.' |
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8 - 20 KING ATHALARIC TO ALBIENUS, VIR ILLUSTRIS AND PRAEFECTUS
PRAETORIO[538] (527): Albienus made Praetorian Praefect.
| 'Your predecessor has been the model of a bad governor. As the North
wind clears the face of the sky from the rain and clouds brought by
the South wind, so do we look to you to repair the evils wrought by
his misgovernment. In all things your best maxim will be to do exactly
the opposite of what he did. He made himself hateful by his unjust
prosecutions: do you become popular by your righteous deeds. He was
rapacious: be you moderate. Soothe and relieve the harassed people
entrusted to your charge. Receive for this sixth Indiction [Sept. 1,
527-528] the fasces of the Praefecture, and let the office of
Praetorian Praefect return to its ancient fame, an object of praise to
the whole world[539]. This office dates from Joseph, and rightly is he
who holds it called by our laws Father of the Provinces, Father of the
Empire.
'See that you avoid all unjust exactions. We cannot bear that our
Treasury should be filled by unrighteous means.
'Your descent from a father who has held the same high office, and
your intimate knowledge of the _Dicta prudentum_, warrant us in
believing that you will make a good judge.' |
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8 - 22 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: Cyprian's elevation to the Patriciate.
| In these two letters the high character and distinguished services of
Cyprian are commemorated. 'Under Theodoric he distinguished himself
both in war and peace. At the time of the war of Sirmium he was
conspicuous both in his resistance to the fiery onslaught of the
Bulgarians and in his active pursuit of them when their ranks were
broken[540]. He then filled, with great credit to himself, the office
of Referendarius[541]. Great was the responsibility of exercising
peaceful as well as warlike offices under such a master as Theodoric.
In fact the training for one was helpful for the other, since it
required a soldier's courage and promptness to be always ready with a
truthful and accurate reply to that keen, firm-minded ruler of
men[542].
'Thence he was promoted to the dignity of Count of the Sacred
Largesses, a post well suited to his pure, self-restrained
character[543]. He is now growing old in body, but ever young in fame,
and the King heartily wishes him increase of years to enjoy his
renown.
'Rightly, too, is there now conferred upon him the dignity of
_Patricius_, since he is the father of such noble sons, men whose
childhood was passed in the palace under the very eye of Theodoric
(thus like young eagles already learning to gaze upon the sun), and
who now cultivate the friendship of the Goths, learn from them all
martial exercises, speak their language, and thus give evident tokens
of their future fidelity to the Gothic nation[544].
'The Senate is therefore exhorted to welcome its thus promoted
colleague, who at each accession of rank has shown himself yet
worthier of his high place, and whom grandfather and grandson have
both delighted to honour. Thus will it renew the glories of the Decii
and the Corvini, who were its sons in the days of old.' |
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8 - 23 KING ATHALARIC TO BERGANTINUS, VIR ILLUSTRIS AND COMES PATRIMONII: Gifts to Theodahad.
| 'Kings should always be generous, but especially to those of their own
family.
'Therefore we desire your Greatness to transfer the farms herein
described, to the exalted and most honourable Theodahad, weighing out
to him so many solidi, out of that which was formerly the patrimony of
his magnificent Mother; and we guarantee to him the absolute ownership
of such farms, free from any claims to the inheritance on our
part[545].
'We trust to his sincerity and good faith, that in the future he will
deserve the remainder of the above-mentioned patrimony, with the
addition of the whole quantity[546].
'What can we deny to such a man, whose obedience might claim a higher
reward even were he not our cousin--a man who is not puffed up by any
pride of his noble birth, humble in his modesty, always uniform in his
prudence? Therefore instruct the Cartarii of your office to make over
the aforesaid farms to his Actores without delay[547].' |
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8 - 24 KING ATHALARIC TO THE CLERGY OF THE ROMAN CHURCH: Ecclesiastical immunities.
| 'For the gift of kingly power we owe an infinite debt to God, whose
ministers ye are.
'Ye state in your tearful memorial to us that it has been an ordinance
of long custom that anyone who has a suit of any kind against a
servant of the sacrosanct Roman Church should first address himself to
the chief Priest of that City, lest haply your clergy, being profaned
by the litigation of the Forum, should be occupied in secular rather
than religious matters. And you add that one of your Deacons has, to
the disgrace of religion, been so sharply handled by legal process
that the Sajo[548] has dared actually to take him into his own
custody.
'This dishonour to the Ministers of holy things is highly displeasing
to our inborn reverence, yet we are glad that it gives us the
opportunity of paying part of our debt to Heaven.
'Therefore, considering the honour of the Apostolic See, and wishing
to meet the desires of the petitioners, we by the authority of this
letter decree in regular course[549]:
'That if anyone shall think he has a good cause for going to law with
a person belonging to the Roman clergy, he shall first present himself
for hearing at the judgment-seat of the most blessed Pope, in order
that the latter may either decide between the two in his own holy
manner, or may delegate the cause to a Jurisconsult to be ended by
him. And if, perchance, which it is impiety to believe, the
reasonable desire of the petitioner shall have been evaded, then may
he come to the secular courts with his grievance, when he can prove
that his petitions have been spurned by the Bishop of the aforesaid
See[550].
'Should any litigant be so dishonest and so irreverent, both towards
the Holy See and our authority, as to disregard this order [and
proceed first in our tribunals against one of the Roman clergy], he
shall forfeit 10 lbs. of gold [£400], to be exacted by the officers of
the Count of Sacred Largesses and distributed by the Pope to the poor;
and he shall lose his suit in addition, notwithstanding any decree
which he may have gained in the secular court.
'Meanwhile do you, whom our judgments thus venerate, live according to
the ordinances of the Church. It is a great wickedness in you to admit
such crimes as do not become the conversation even of secular men.
Your profession is the heavenly life. Do not condescend to the
grovelling wishes and vulgar errors of ordinary mortals. Let the men
of this world be coerced by human laws; do you obey the precepts of
righteousness.' |
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8 - 25 KING ATHALARIC TO JOANNES, VIR SPECTABILIS, REFERENDARIUS: Confirmation of Tulum's gift of property in the
Lucullanum.
| 'It is a very fitting thing to confirm the generosity of others
towards persons who might well have received gifts from oneself. We
therefore declare that in your case the gift is another's but the will
to give is our own, and the King has only been anticipated by the
rapid bounty of the subject[551].
'Everyone knows that our grandfather wished to give you the house of
Agnellus in the Castrum Lucullanum, but could not do so having already
given it to the Patrician Tulum[552]. Tulum, however, with his usual
generosity, seconding the wishes of his master, formally conveyed the
property to you; and that conveyance we now confirm, guaranteeing the
quiet possession of it to you and your heirs for all time to come. If
any doubt exist as to your title, by any mischance, or by reason of
any enquiry, such doubt is exploded by the authority of this letter of
ours[553].
'And should any envious person, in contempt of our royal will, dare to
raise any question in this matter hereafter, either on behalf of the
Fiscus or of any private individual, we declare that he shall pay to
you, or to the person to whom you may have assigned the said house,
100 lbs. of gold (£4,000) by way of penalty.'
[Why should there be the necessity of this royal confirmation of a
transaction between two private individuals, Tulum and Joannes, and
this tremendous penalty on all future impugners of it?
Evidently because the property had been impressed with the character
of State domain, and it was doubtful how far Tulum's alienation of it
might stand good against the claims of future Sovereigns.
This becomes quite clear when we reflect what is the property to which
this letter refers. It is either the whole or a part of the
Lucullanum, to which the deposed Emperor, Romulus Augustulus, was
banished in 476. On his death, as we may conjecture, this property,
one of the most delightful places of residence in Italy, has been
given by Theodoric to Tulum, perhaps just after he had distinguished
himself in the Gaulish campaign of 508. For some reason or other,
Tulum has alienated it (ostensibly, given it) to the Reporter Joannes,
no doubt a Roman, who is apparently nervous lest his title to it
should hereafter be impugned on the ground that the palace of the last
Roman Emperor was national property. Hence this letter. There is some
difficulty and variation between the MSS. in the words describing the
property: 'Saepe dicta domus paternae recordationis Agnelli, in
Lucullano castro posita.' For _paternae_, Migne's editor reads
_patriciae_. The forthcoming critical edition of the 'Variae' will
show whether there is any support in the MSS. for a conjecture which I
cannot help entertaining that _Agnelli_ is an error for _Augustuli_.] |
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8 - 26 KING ATHALARIC TO ALL THE INHABITANTS OF REATE AND NURSIA: Gothic settlers in the Sabine territory exhorted to
obedience to their Prior, Quidila.
| 'Our glorious grandfather had arranged that, in accordance with your
desire, Quidila, son of Sibia, should be your Captain (Prior). We
confirm this appointment, and desire you to obey him in all things.
You are so far moulded by the character of our grandfather that you
willingly obey both the laws and the Judges. Our enemies are best
vanquished, and the favour both of Heaven and of other nations is best
conciliated for us, by our obeying the principles of justice. If
anyone is in need of anything, let him seek to obtain it from the
generosity of his Sovereign rather than by the strength of his own
right hand, since it is for your advantage that the Romans be at
peace, who, in filling our Treasury, at the same time multiply your
donatives.'
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8 - 28 KING ATHALARIC TO CUNIGAST, VIR ILLUSTRIS: Possessores (or Coloni?) forced to become slaves.
| 'Our Serenity has been moved by the grievous petition of Constantius
and Venerius, who complain that Tanca [probably a Goth] has wrested
from them the farm which is called Fabricula, which belonged to them
in their own right, together with the stock upon it[556], and has
compelled them, in order to prevent similar forcible demands upon
their property in future, to allow the worst lot of all--the condition
of slavery--to be imposed upon them, who are really free[557].
'Let your Greatness therefore summon Tanca to your judgment-seat, and,
after hearing all parties, pronounce a just judgment and one accordant
to your character. For though it is a serious matter to oust a lord
from his right, it is contrary to the feelings of our age to press
down free necks under the yoke of slavery.
'Let Tanca therefore either establish his right to the slaves and
their property, or, if they are proved free, let him give them up,
whole and unharmed: in which case we will inflict upon him no further
penalty.' |
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8 - 29 KING ATHALARIC TO THE DIGNIFIED CULTIVATORS[558] AND CURIALS OF THE CITY OF PARMA: Sanitary measures needed in Parma.
| 'You ought willingly to co-operate in that which is being done for the
advantage of your town. When it was suffering from a long drought, our
grandfather, with God's help, watered it with the life-giving wave.
Cleanse out then the mouths of your sewers, lest otherwise, being
checked in its flow by the accumulated filth, it should surge back
into your houses, and bring into them the pollution which it was meant
to wash away.
'The Spectabilis Genesius is appointed to superintend this work, and
to quicken your zeal regarding it.' |
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8 - 30 KING ATHALARIC TO GENESIUS, VIR SPECTABILIS: The same subject.
| 'Through love of your city our grandfather, with royal generosity,
constructed an aqueduct of the ancient type[559] for you. But it is of
no use to provide a good water-supply unless your sewers are in good
order. Therefore let your Sublimity set the citizens of Parma
diligently to work at this business, that all ancient channels,
whether underground or those which run by the sides of the streets, be
diligently repaired[560], in order that when the longed-for stream
flows into your town it be not hindered by any obstacle.
'How fair is water in a running stream, but how ugly in puddles and
swamps; it is good then neither for man nor beast. Without water city
and country alike languish; and rightly did the ancients punish one
who was unfit for human society by forbidding all men to give him
water. Therefore you ought all heartily to combine for this most
useful work, since the man who is not touched by the comeliness of his
city has not yet the mind of a citizen.' |
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8 - 31 KING ATHALARIC TO SEVERUS, VIR SPECTABILIS: Dissuasions from a country life, and praises of Cassiodorus' native land of Bruttii.
| 'Since you, when on the staff of the Praefect, have learned the
principles of statesmanship, we are sure that you will agree with us
that cities are the chief ornament of human society. Let the wild
beasts live in fields and woods: men ought to draw together into
cities. Even among birds we see that those of gentle disposition--like
thrushes, storks, and doves--love to flock together, while the greedy
hawk, intent on its bloody pastime, seeks solitude.
'Now we say that the man who shuns human society becomes at once an
object of suspicion. Let therefore the Possessores and Curiales of
Bruttii return to their cities. The Coloni may cultivate the
soil--that is what their name denotes[561]; but the men whom we
decorate with civic honours ought to live in cities.
'In truth it is a lovely land. Ceres and Pallas have crowned it with
their respective gifts (corn and oil); the plains are green with
pastures, the slopes are purple with vineyards. Above all is it rich
in its vast herds of horses[562], and no wonder, since the dense shade
of its forests protects them from the bites of flies, and provides
them with ever verdant pasture even in the height of summer. Cool
waters flow from its lofty heights; fair harbours on both its shores
woo the commerce of the world.
'There the countryman enjoys the good food of the citizen, the poor
man the abundance of the wealthy[563]. If such then be the charms even
of the country in your Province, why should you shirk living in its
cities[564]?
'Why should so many men refined by literature skulk in obscurity? The
boy goes to a good school, becomes imbued with the love of letters,
and then, when he is come to man's estate and should be seeking the
Forum in order to display his talents, he suddenly changes into a
boor, unlearns all that he has learned, and in his love for the fields
forgets what is due to a reasonable love for himself. And yet even
birds love human fellowship, and the nightingale boldly rears her
brood close to the haunts of men.
'Let the cities then return to their old splendour; let none prefer
the charms of the country to the walls reared by the men of old. Why
should not everyone be attracted by the concourse of noble persons, by
the pleasures of converse with his equals? To stroll through the
Forum, to look in at some skilful craftsman at his work, to push one's
own cause through the law courts, then between whiles to play with the
counters of Palamedes (draughts), to go to the baths with one's
acquaintances, to indulge in the friendly emulation of the
banquet--these are the proper employments of a Roman noble; yet not
one of them is tasted by the man who chooses to live always in the
country with his farm-servants[565].
'We order therefore that all Possessores and Curiales shall, according
to their relative means, find bail and give bonds, promising that they
will for the larger part of the year reside in some city, such as they
may choose[566]. And thus, while not wholly debarred from the
pleasures of the country, they will furnish to the cities their proper
adornment of citizens.' |
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8 - 32 KING ATHALARIC TO SEVERUS, VIR SPECTABILIS: The Fountain of Arethusa.
| 'Nimfadius (Vir Sublimis) was journeying to the King's Comitatus on
some affair of his own, when, wearied with his journey, he lay down to
rest, and let his beasts of burden graze round the fountain of
Arethusa.
'This fountain, situated in the territory of Squillace[567], at the
foot of the hills and above the sand of the sea, makes a green and
pleasant place all round it, fringed with rustling reeds as with a
crown. It has certain marvellous properties: for let a man go to it in
silence and he sees it calmly flowing, more like a pond than a
fountain. But let him cough or speak with a loud voice, and it becomes
violently agitated, heaving to and fro like a pot boiling. Strange
power this of a fountain to answer a man. I have read that some
fountains can change the colours of the animals that drink at them;
that others can turn wood dropped into them to stone. The human reason
is altogether unable to understand such things as these.
'But let us return to the complaint of our suppliant. Nimfadius
asserts that, while he was resting, the country people artfully drove
off his beasts of burden.
'This kind of crime brings our times into disgrace, and turns the
charm of that quiet resting-place into disgust. Diligently enquire
into it, for the credit of our Comitatus is involved in our subjects
being able to journey to it in safety. At first, no doubt, the
offenders will lie close, and seem as silent as the unmoved Arethusa.
But begin your investigations, and they will soon break forth, like
that fountain, with angry exclamations, in the midst of which you will
discover the truth. Punish the offenders severely; for we should
regret that owing to the excesses of robbers that wonderful and
joy-bringing fountain should be deserted.' |
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8 - 33 KING ATHALARIC TO SEVERUS, VIR SPECTABILIS: The Feast of St. Cyprian.
| 'We hear that the rustics are indulging in disorderly practices, and
robbing the market-people who come from all quarters to the chief fair
of Lucania on the day of St. Cyprian. This must by all means be
suppressed, and your Respectability should quietly collect a
sufficient number of the owners and tenants of the adjoining
farms[568] to overpower these freebooters and bring them to justice.
Any rustic or other person found guilty of disturbing the fair should
be at once punished with the stick[569], and then exhibited with some
mark of infamy upon him[570].
'This fair, which according to the old superstition was named
Leucothea [after the nymph], from the extreme purity of the fountain
at which it is held, is the greatest fair in all the surrounding
country. Everything that industrious Campania, or opulent Bruttii, or
cattle-breeding Calabria[571], or strong Apulia produces, is there to
be found exposed for sale, on such reasonable terms that no buyer goes
away dissatisfied. It is a charming sight to see the broad plains
filled with suddenly-reared houses formed of leafy branches
intertwined: all the beauty of the most leisurely-built city, and yet
not a wall to be seen. There stand ready boys and girls, with the
attractions which belong to their respective sexes and ages, whom not
captivity but freedom sets a price upon. These are with good reason
sold by their parents, since they themselves gain by their very
servitude. For one cannot doubt that they are benefited even as slaves
[or servants?], by being transferred from the toil of the fields to
the service of cities[572].
'What can I say of the bright and many-coloured garments? what of the
sleek and well-fed cattle offered at such a price as to tempt any
purchaser?
'The place itself is situated in a wide and pleasant plain, a suburb
of the ancient city of Cosilinum, and has received the name of
Marcilianum from the founder of these sacred springs[573].
'And this is in truth a marvellous fountain, full and fresh, and of
such transparent clearness that when you look through it you think you
are looking through air alone. Choice fishes swim about in the pool,
perfectly tame, because if anyone presumes to capture them he soon
feels the Divine vengeance. On the morning which precedes the holy
night [of St. Cyprian], as soon as the Priest begins to utter the
baptismal prayer, the water begins to rise above its accustomed
height. Generally it covers but five steps of the well, but the brute
element, as if preparing itself for miracles, begins to swell, and at
last covers two steps more, never reached at any other time of the
year. Truly a stupendous miracle, that streams of water should thus
stand still or increase at the sound of the human voice, as if the
fountain itself desired to listen to the sermon.
'Thus hath Lucania a river Jordan of her own. Wherefore, both for
religion's sake and for the profit of the people, it behoves that good
order should be kept among the frequenters of the fair, since in the
judgment of all, that man must be deemed a villain who would sully the
joys of such happy days.' |
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9 - 1 KING ATHALARIC TO HILDERIC, KING OF THE VANDALS (A.D. 527): Murder of Amalafrida, widow of King Thrasamund and sister
of Theodoric.
| 'Friendship and relationship are turned to bitterness by the tidings
that Amalafrida, of divine memory, the distinguished ornament of our
race, has been put to death by you[574]. If you had any cause of
offence against her, you ought to have sent her to us for judgment.
What you have done is a species of parricide. If the succession, on
the death of her husband, passed to another [yourself], that was no
reason why a woman should be embroiled in the contest. It was really
an addition to your nobility to have the purple dignity of the Amal
blood allied to the lineage of the Hasdingi.
'Our Goths keenly feel the insults conveyed in this deed, since to
slay the royal lady of another race is to despise the valour of that
race and doubt its willingness to avenge her.
'We send you two ambassadors to hear what your excuses are. We hear
that you pretend that her death was natural. And you also must send
ambassadors in return to us to explain the matter, without war or
bloodshed, and either pacify us or acknowledge your guilt. If you do
not do this, all ties of alliance between us are broken, and we must
leave you to the judgment of the Divine Majesty, which heard the blood
of Abel crying from the ground.' |
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9 - 2 EDICT OF KING ATHALARIC: Oppression of the Curiales.
| 'The body of the Republic is so tempered together that if one member
suffers all the members suffer with it. The Curiales, whose name is
derived from their care (cura) and forethought, are, we are told,
molested by hostile proceedings, so that what was bestowed upon them
as an honour turns out rather to their injury. What scandalous
injustice! What an insupportable evil! that he who ought to have
benefited the Republic by his services, should often lose both fortune
and liberty.
'Wherefore by this edict we decree that if any Curialis suffer
oppression, if anyone, without the express warrant of ourselves or the
high officers of State whose business it is, inflict upon a Curialis
any injury or loss of property, he shall pay a fine of 10 lbs. of gold
(£400), to go to the benefit of the person thus oppressed; or, if his
property be insufficient to pay this fine, he shall be beaten with
clubs. The Curialis must then give additional diligence to the
discharge of his public duties, since his debt to the State is, as it
were, increased by the protection which we are thus affording him. As
for the farms of Curiales, in connection with which the greatest
frauds are practised on poor men, let no one seek to obtain them by an
unlawful purchase; for a contract cannot be called a contract when it
is in violation of the law[575]. The Judges must help the Curiales
against the molestations of Sajones and other officials. It is a
grievous offence, when the very person to whom is entrusted the duty
of defending the weak, himself turns oppressor.
'Raise your heads in hope, oh ye oppressed ones! lift up your hearts,
ye who are weighed down with a load of evils! To each citizen his own
city is his Republic. Administer justice in your cities in conformity
with the general will. Let your various ranks live on a footing of
justice. Do not oppress the weak, lest you in your turn be deservedly
oppressed by the strong. This is the penalty of wrong-doing, that each
one suffers in his own person what he has wantonly inflicted on
another.
'Live then in justice and moderation. Follow the example of the
cranes, who change the order of their flight, making foremost
hindmost, and hindmost foremost, without difficulty, each willingly
obeying its fellow--a commonwealth of birds.
'You have, according to the laws, power over your citizens. Not in
vain has Antiquity conceded to you the title of Curia: not vainly did
it call you the Lesser Senate, the nerves and vital organs of the
State[576]. What is not contained of honour and power in that title!
For that which is compared to the Senate is excluded from no kind of
glory.' |
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9 - 3 KING ATHALARIC TO BERGANTINUS, VIR ILLUSTRIS, COMES [PATRIMONII], AND PATRICIAN: Gold-mining in Italy.
| 'Gold, as well as many other fair fruits of Nature which gold can buy,
is said to be produced by our generous Italy. Theodorus, who is an
expert in such matters, asserts that gold will be found on the farm
Rusticiana in Bruttii[578]. Let your Greatness therefore send a
_Cartarius_ to commence mining operations on that spot. The work of a
miner resembles that of a mole. He burrows underground, far from the
light of day. Sometimes the sides of his passages fall in and his way
is closed up behind him; but if he emerge safely with his treasure,
how happy is he! Then the gold-miner proceeds to immerse his ore in
water, that the heavy metal may be separated from the lighter earth;
then to submit it to a fervent heat, that it may thence derive its
beautiful colour[579].
'Let then the land of Bruttii pay her tribute in gold, the most
desired of all treasure. To seek gold by war is wicked, by voyages
dangerous, by swindling shameful; but to seek it from Nature in its
own home is righteous. No one is hurt by this honest gain. Griffins
are said to dig for gold and to delight in the contemplation of this
metal; but no one blames them, because their proceedings are not
dictated by criminal covetousness. For it is not the act itself, but
the motive for the act, that gives it its moral quality.' |
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9 - 4 KING ATHALARIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT: A family of Curiales permitted to step down into the ranks
of the Possessores.
| 'The _pietas_ of the King is happily shown in moderating the sentence
of the law, where for certain reasons it bears with especial hardness
on anyone. The Curiales have peculiar advantages in their opportunity
of being thus liberated by the Sovereign from the performance of their
duties[580]. It is reasonable to release a Curialis whose health
prevents him from fulfilling his appointed task; and a numerous Curia
will never miss a few names out of so large a number.
'Therefore let your Illustrious Magnificence remove Agenantia, wife
[or widow?] of the most eloquent man Campanianus, dwelling in Lucania,
from the album of her Curia, and her sons also, so that posterity may
never know that they were formerly liable to Curial duties.
'Remitted to the ranks of [mere] Possessores they will now be liable
to the same demands which formerly [as members of the Curia] they made
upon others. They will now dread the face of the tax-collector
(compulsor), and will begin to fear the mandates by which formerly
they made themselves feared[581]. Still this is a sign of their past
good life, that they are willing to live without office _among_ a
population whose dislike they are not conscious of having incurred,
and _under_ old colleagues whom they know that they have not incited
to an abuse of their powers.' |
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9 - 5 KING ATHALARIC TO THE BISHOPS AND FUNCTIONARIES OF ----[582]: Forestalling and regrating of corn prohibited.
| 'We learn with regret by the complaint of the Possessores of your
district that the severity of famine is being increased by the conduct
of certain persons who have bought up corn and are holding it for
higher prices. In a time of absolute famine there can be no "higgling
of the market;" the hungry man will submit to be cheated rather than
let another get the food before him[583].
'To stop this practice we send to you the present messengers, whose
business it is to examine all the stores of corn collected for public
distribution[584] or otherwise, to leave to each family sufficient for
its needs, and to purchase the remainder from the owners at a fair
market price. Co-operate with these orders of ours cheerfully, and do
not grumble at them. Complain not that your freedom is interfered
with. There is no free-trade in crime[585]. If you work with us you
will earn good renown for yourselves; if against us, the King's
reputation will gain by your loss. It is the sign of a good ruler to
make men act righteously, even against their wills.' |
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9 - 6 KING ATHALARIC TO ----, PRIMISCRINIUS: A furlough granted for a visit to Baiae.
| 'You complain that your health is failing under the long pressure of
your work, and that you fear, if you absent yourself, you may lose the
emoluments of your office. At the same time you ask leave to visit
the Baths of Baiae. Go then with a mind perfectly at rest as to your
emoluments, which we will keep safe for you. Seek the Sun, seek the
pure air and smiling shore of that lovely bay, thickly set with
harbours and dotted with noble islands--that bay in which Nature
displays all her marvels and invites man to explore her secrets. There
is the Lake of Avernus, with its splendid supply of oysters. There are
long piers jutting out into the sea; and the most delightful fishing
in the world is to be had in the fish-ponds--open to the sky--on
either side of them. There are warm baths, heated not by brick-work
flues and smoky balls of fire, but by Nature herself. The pure air
supplies the steam and softly stimulates perspiration, and the
health-giving work is so much the better done as Nature is above Art.
Let the Coralli [in Moesia, on the shore of the Euxine] boast their
wonderful sea, let the pearl fisheries of India vaunt themselves. In
our judgment Baiae, for its powers of bestowing pleasure and health,
surpasses them all. Go then to Baiae to bathe, and have no fear about
the emoluments.'
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9 - 7 KING ATHALARIC TO REPARATUS, PRAEFECT OF THE CITY: Reparatus appointed Praefectus Urbis.
| 'The son of a high official naturally aspires to emulate his father's
dignities. Your father had a distinguished career, first as Comes
Largitionum, then as Praefectus Praetorio. While holding the latter
office, he repaired the Senate-house, restored to the poor the gifts
(?) of which they had been deprived[586], and though not himself a man
of liberal education, pleased all by the natural charm of his manner.
'You have those advantages of mental training which were denied to
your father. Education lifts an obscure man on to a level with nobles,
but also adorns him who is of noble birth. You have moreover been
chosen as son-in-law by a man of elevated character, whose choice is
in itself a mark of your high merit. You are coming young to
office[587]; but, with such a man's approbation, you cannot be said to
be untried.
'We therefore confer upon you for this Indiction the dignity of
Praefect of the City. The eyes of the world are upon you. The Senate,
that illustrious and critical body, the youngest members of which are
called _Patres_, will listen to your words. See that you say nothing
which can displease those wise men, whose praise, though hard to win,
will be most sweet to your ears. Diligently help the oppressed. Hand
on to your posterity the renown which you have received from your
ancestors.' |
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9 - 8 KING ATHALARIC TO COUNT OSUIN (OR OSUM), VIR ILLUSTRIS: Osuin made Governor of Dalmatia and Savia.
| 'We reward our faithful servants with high honours, hoping thereby to
quicken the slothful into emulation, when they ask themselves why,
under such an impartial rule, they too do not receive promotion.
'We therefore again entrust to your Illustrious Greatness the
Provinces of Dalmatia and S(u)avia. We need not hold up to you the
examples of others. You have only to imitate yourself, and to confer
now again in your old age the same blessings on those Provinces which,
as a younger man, you bestowed on them under our grandfather.' |
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9 - 9 KING ATHALARIC TO ALL THE GOTHS AND ROMANS (IN DALMATIA AND SAVIA): The same subject.
| 'We send back to you the Illustrious Count Osuin, whose valour and
justice you already know, to ward off from you the fear of foreign
nations, and to keep you from unjust demands. With him comes the
Illustrious Severinus[589], that with one heart and one mind, like the
various reeds of an organ, they may utter their praiseworthy precepts.
'As an act of grace on the commencement of our reign, we direct the
Count of the Patrimony to remit to you all the super-assessment
(augmentum) which was fixed for your Province at the fourth
Indiction[590].
'We also grant that when the aforesaid person [Severinus] returns to
our presence, you may send suitable men with him to inform us of your
financial position, that we may, by readjustment of the taxes, lighten
your load if it be still too heavy. Nothing consolidates the Republic
so much as the uninjured powers of the taxpayer.' |
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9 - 10 KING ATHALARIC TO ALL THE PROVINCIALS OF THE CITY OF SYRACUSE: Remission of Augmentum to Syracusans.
| 'Lately we announced to you our accession: now we wish to confer upon
you a benefit in the matter of taxes. For we look on that only as our
revenue which the cultivator pays cheerfully. Our grandfather,
considering the great increase in wealth and population which his long
and peaceful reign had brought with it, thought it prudent to increase
the taxes to be paid by the Province of Sicily[591]. He was quite
right in doing this, but he thereby prepared for us, his young
successor, an opportunity of conferring an unexpected favour, for we
hereby remit to you all the augmentum which was assessed upon you at
the fourth Indiction. And not only so, but all that you have already
paid under this head for the fifth Indiction (526-7) we direct the
tax-collectors to carry to your credit on account[592].
'Besides this, if anyone have to complain of oppression on the part of
the Governors of the Province, let him seek at once a remedy from our
Piety. Often did our grandfather of glorious memory grieve over the
slowness of the Governors to obey their letters of recall, feeling
sure that they were lingering in the Provinces neither for his good
nor yours.
'We however, with God's help, shall go on in the good work which we
have begun. You have a Prince who, the older he grows, the more will
love you. We send to you our Sajo Quidila, who will convey to you our
orders on this matter.' |
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9 - 12 KING ATHALARIC TO VICTOR AND WITIGISCLUS (OR WIGISICLA), VIRI SPECTABILES, CENSITORES OF SICILY: Oppressions exercised by the King's officers in Sicily rebuked.
| Victor and Witigisclus are sharply rebuked for their delay in
desisting from the oppression of the Provincials and coming to the
Court of Theodoric when called for[594], a delay which is made more
suspicious by their not having presented themselves to welcome
Athalaric on his accession. Both they and Count Gildias are informed
of the King's decision to remit the increased tax imposed at the
fourth Indiction (Sept. 525); and the two Censitores are recommended,
if they are conscious of having oppressed or injured any of the
Provincials, to remedy the matter themselves, as the King has given
all the Sicilians leave to appeal to himself against their
oppressions: and the complaints of the Sicilians, though distant, will
certainly reach his ears.
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9 - 13 KING ATHALARIC TO WILLIAS, VIR ILLUSTRIS, COMES PATRIMONII: Increase of emoluments of Domestici.
| 'Your Greatness informs us of cases that have come to your knowledge,
in which the Guards (Domestici) attending the Counts who are appointed
[to the government of various Provinces] have oppressed the
Provincials by their exactions. As we believe that there is some
excuse for this in the smallness of their _emolumenta_, which at
present consist of only 200 solidi (£120) and ten rations (Annonae),
we direct that you henceforth pay them, as from the fifth Indiction
(Sept. 526), 50 solidi (£30) annually, in addition to the above,
charging this further payment to our account. By taking away
Necessity, the mother of crimes, we hope that the practice of sinning
will also be removed. If, after this, anyone is found oppressing the
Provincials, let him lose his _emolumenta_ altogether. Our gifts
ennoble the receiver, and are given in order to take away from him any
pretext for begging from others.'
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9 - 14 KING ATHALARIC TO GILDIAS, VIE SPECTABILIS, COUNT OF SYRACUSE: Oppressive acts charged against Gildias, Comes of
Syracuse.
| 'We hear great complaints of you from the Sicilians; but, as they are
willing to let bye-gones be bye-gones, we accede to their request, but
give you the following warning:
'(1) You are said to have extorted large sums from them on pretence of
rebuilding the walls, which you have not done. Either repay them the
money or build up their walls. It is too absurd, to promise
fortifications and give instead to the citizens hideous
desolation[595].
'(2) You are said to be claiming for the Exchequer (under the name of
"Fiscus Caducus") the estates of deceased persons, without any sort of
regard for justice, whereas that title was only intended to apply to
the case of strangers dying without heirs, natural or testamentary.
'(3) You are said to be oppressing the suitors in the Courts with
grievous charges[596], so that you make litigation utterly ruinous to
those who undertake it.
'We order therefore that when _our_[597] decrees are being enforced
against a beaten litigant, the gratuity claimed by the officer shall
be the same which our glorious grandfather declared to be
payable--according to the respective ranks of the litigants--to the
Sajo who was charged with the enforcement of the decree; for
gratuities ought not to be excessive[598].
'But if _your_ decrees are being enforced--and that must be only in
cases against persons with whom the edicts allow you to
interfere[599]--then your officer must receive half the gratuity
allowed to him who carries our decrees into execution. It is obviously
improper that the man who only performs _your_ orders should receive
as much as is paid out of reverence for _our_ command. Anyone
infringing this constitution is to restore fourfold.
'(4) The edicts of our glorious grandfather, and all the precepts
which he made for the government of Sicily, are to be so obediently
observed that he shall be held guilty of sacrilege who, spurred on by
his own beastly disposition, shall try to break down the bulwark of
our commands[600].
'(5) It is said that you cite causes between two Romans, even against
their will, before your tribunal. If you are conscious that this has
been done by you, do not so presume in future, lest while seeking the
office of Judge, for which you are incompetent, you wake up to find
yourself a culprit. You, of all men, ought to be mindful of the
Edictum, since you insist on its being followed by others. If not, if
this rule is not observed by you, your whole power of decreeing shall
be taken from you. Let the administration of the laws be preserved
intact to the _Judices Ordinarii_. Let the litigants throng, as they
ought to do, to the Courts of their _Cognitores_. Do not be gnawed by
envy of their pomp. The true praise of the Goths is
_law-abidingness_[601]. The more seldom the litigant is seen in your
presence the greater is your renown. Do you defend the State with your
arms; let the Romans plead before their own law courts in peace.
'(6) You are also accused of insisting on buying the cargoes of
vessels that come to the port at your own price [and selling again at
a higher]--a practice the very suspicion of which is injurious to an
official, even if it cannot be proved against him in fact[602].
Wherefore, if you wish to avoid the rumour of this deed, let the
Bishop and people of the city come forward as witnesses on behalf of
your conscience[603]. Prices ought to be fixed by the common
deliberation [of buyer and seller]; since no one likes a commercial
transaction which is forced upon the unwilling.
'Wherefore we have thought it proper to warn your Sublimity by these
presents, since we do not like those whom we love to be guilty of
excess, nor to hear evil reports of those who are charged with
reforming the morals of others.' |
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9 - 15 KING ATHALARIC TO POPE JOHN II: Against Simony at Papal elections.
| 'The Defensor of the Roman Church hath informed us in his tearful
petition that lately, when a President was sought for the Papal chair,
so much were the usual largesses to the poor augmented by the promises
which had been extorted from the candidate, that, shameful to say,
even the sacred vessels were exposed to sale in order to provide the
necessary money[604].
'Therefore let your Holiness know that by this present decree, which
relates also to all the Patriarchs and Metropolitan Churches [the five
Metropolitan Churches in Rome, and such Sees as Milan, Aquileia,
Ravenna], we confirm the wise law passed by the Senate in the time of
the most holy Pope Boniface [predecessor of John II]. By it any
contract or promise made by any person in order to obtain a Bishopric
is declared void.
'Anyone refusing to refund money so received is to be declared guilty
of sacrilege, and restitution is to be enforced by the Judge.'
'Should a contention arise as to an election to the Apostolic See, and
the matter be brought to our Palace for decision, we direct that the
maximum fee to be paid, on the completion of the necessary documents
(?), shall be 3,000 solidi [£1,800][605]; but this is only to be
exacted from persons of sufficient ability to pay it.
'Patriarchs [Archbishops of the other great Italian Sees] under
similar circumstances are to pay not more than 2,000 solidi [£1,200].
'No one is to give [on his consecration] more than 500 solidi [£300]
to the poor.
'Anyone professing to obtain for money the suffrage of any one of our
servants on behalf of a candidate for Papacy or Patriarchate, shall be
forced to refund the money. If it cannot be recovered from him, it may
be from his heirs. He himself shall be branded with infamy.
'Should the giver of the money have been bound by such oaths, that,
without imperilling his soul, he cannot disclose the transaction,
anyone else may inform, and on establishing the truth of his
accusation, receive a third part of the money so corruptly paid, the
rest to go to the churches themselves, for the repair of the fabric or
for the daily ministry. Remember the fate of Simon Magus. We have
ordered that this decree be made known to the Senate and people by the
Praefect of the City.' |
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9 - 17 KING ATHALARIC TO THE SAME (BETWEEN 532 AND 534): Release of two Roman citizens accused of sedition.
| 'We cannot bear that there should be sadness in Rome, the head of the
world. We hear with regret from the Apostolic Pope John, and other
nobles, that A and B, who are Romans, on a mere suspicion of sedition
are being macerated by so long imprisonment that the whole city mourns
for them; no gladness of a holyday and no respect for the Papal
name[606] (which is most dear to us) availing to mitigate their
confinement. This treatment of persons against whom no crime has been
proved distresses us much, and we admonish your Greatness, wherever
you may succeed in finding them, to set them free. If, confident in
their innocence, they think that they have been unjustly tormented, we
give them liberty to make their appeal to the laws. Judges were
raised to their high estate, not to oppress but to defend the
innocent.
'Now let the Romans return to their ancient gladness; nor let them
think that any [rulers] please us but those who seek to act with
fairness and moderation. Let them understand that our forefathers
underwent labours and dangers that _they_ might have rest; and that we
are expending large sums in order that they may rejoice with garrulous
exultation. For even if they have before now suffered some rough and
unjust treatment, let them not believe that that is a thing to be
neglected by our Mildness. No; for we give ourselves no rest, that
they may enjoy secure peace and calm gladness. Let them understand at
once that _we_ cannot love the men whose excesses have made them
terrible to our subjects. Whose favour do those men expect to win who
have earned the dislike of their fellow-citizens? They might have
reaped a harvest of the public love, and instead thereof they have so
acted that their names are justly held in execration.' |
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9 - 18 THE EDICT OF ATHALARIC: Edict of Athalaric.
| '_Prologue._ This edict is a general one. No names are mentioned in
it, and those who are conscious of innocence need take no offence at
anything contained therein.
'For long an ominous whisper has reached our ears that certain
persons, despising _civilitas_, affect a life of beastly
barbarism[607], returning to the wild beginnings of society, and
looking with a fierce hatred on all human laws. The present seems to
us a fitting time for repressing these men, in order that we may be
hunting down vice and immorality within the Republic at the same time
that, with God's help, we are resisting her external foes. Both are
hurtful, both have to be repelled; but the internal enemy is even more
dangerous than the external. One, however, rests upon the other; and
we shall more easily sweep down the armies of our enemies if we subdue
under us the vices of the age. [This allusion to foreign enemies is
perhaps explained by the hint in Jordanes ('De Reb. Get.' 59) of
threatened war with the Franks. But he gives us no sufficient
indication of time to enable us to fix the date of the Edictum.]
'I. _Forcible Appropriation of Landed Property_[608] (Pervasio). This
is a crime which is quite inconsistent with _civilitas_, and we remit
those who are guilty of it to the punishment[609] provided by a law of
Divus Valentinianus [Valentinian III. Novell. xix. 'De Invasoribus'],
adding that if anyone is unable to pay the penalty therein provided he
shall suffer banishment (deportatio). He ought to have been more chary
of disobeying the laws if he had no means to pay the penalty. Judges
who shrink from obeying this law, and allow the _Pervasor_ to remain
in possession of what he has forcibly annexed, shall lose their
offices and be held liable to pay to our Treasury the same fine which
might have been exacted from him. If the _Pervasor_ sets the Judge's
official staff (officium) at defiance, on the report of the Judge our
Sajones will make _him_ feel the weight of the royal vengeance who
refused to obey the [humbler] _Cognitor_.
'II. _Affixing Titles to Property._ [When land had from any cause
become public property, the Emperor's officers used to affix _tituli_,
to denote the fact and to warn off all other claimants. Powerful men
who had dispossessed weaker claimants used to imitate this practice,
and are here forbidden to do so.]
'This offence shall subject the perpetrator to the same penalties as
_pervasio_. It is really a kind of sacrilege to try to add the majesty
of the royal name to the weight of his own oppression. Costs are to be
borne by the defeated claimant.
'III. _Suppression of Words in a Decree._ Anyone obtaining a decree
against an adversary is to be careful to suppress nothing in the copy
which he serves upon him. If he does so, he shall lose all the
benefits that he obtained. We wish to help honest men, not rogues.
'IV. _Seduction of a Married Woman._ He who tries to interfere with
the married rights of another, shall be punished by inability to
contract a valid marriage himself. [This punishment of compulsory
celibacy is, according to Dahn, derived neither from Roman nor German
law, but is possibly due to Church influence.] The offender who has no
hope of present or future matrimony[610] shall be punished by
confiscation of half his property; or, if a poor man, by banishment.
'V. _Adultery_. All the statutes of the late King (divalis commonitio)
in this matter are to be strictly observed. [Edict. Theodorici, § 38,
inflicted the penalty of death on both offenders and on the abettors
of the crime.]
'VI. _Bigamy_ is to be punished with loss of all the offender's
property.
'VII. _Concubinage._ If a married man forms a connection of this kind
with a free woman, she and all her children shall become the slaves
of the injured wife. If with a woman who is a slave already, she shall
be subjected to any revenge that the lawful wife likes to inflict upon
her, short of blood-shedding[611].
'VIII. _Donations_ are not to be extorted by terror, nor acquired by
fraud, or as the price of immorality. Where a gift is _bonâ fide_, the
document conveying it is to be drawn up with the strictness prescribed
by Antiquity, in order to remove occasions of fraud.
'IX. Magicians and other persons practising nefarious arts are to be
punished by the severity of the laws. What madness to leave the Giver
of life and seek to the Author of death! Let the Judges be especially
careful to avoid the contagion of these foul practices.
'X. _Violence Exercised towards the Weak._ Let the condition of
mediocrity be safe from the arrogance of the rich. Let the madness of
bloodshed be avoided. To take the law into your own hands is to wage
private war, especially in the case of those who are fortified by the
authority of our _tuitio_. If anyone attempts with foul presumption to
act contrary to these principles, let him be considered a violator of
our orders.
'XI. _Appeals_ are not to be made twice in the same cause.
'XII. _Epilogue._ But lest, while touching on a few points, we should
be thought not to wish the laws to be observed in other matters, we
declare that all the edicts of ourself and of our lord and
grandfather, which were confirmed by venerable deliberation[612], and
the whole body of decided law[613], be adhered to with the utmost
rigour.
'And these laws are so scrupulously guarded that our own oath is
interposed for their defence. Why enlarge further? Let the usual rule
of law and the honest intent of our precepts be everywhere observed.' |
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9 - 19 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: Promulgation of the Edict.
| 'Good laws are called forth by evil manners. If no complaints were
ever heard, the Prince might take holiday. Stirred up by many and
frequent complaints of our people, we have drawn up certain
regulations necessary for the Roman peace, in our edict which is
divided into twelve chapters, after the manner of the civil law[614].
We do not thereby abrogate, but rather confirm, the previously
existing body of law.
'Let this edict be read in your splendid assembly, and exhibited for
thirty days by the Praefect of the City in the most conspicuous
places. Thus shall our _civilitas_ be recognised, and truculent men
lose their confidence. What insolent subjects[615] can indulge in
violence when the Sovereign condemns it? Our armies fight that there
may be peace at home. Let the Judges do their duty fearlessly, and
avoid foul corruption.' |
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9 - 20 KING ATHALARIC TO ALL THE JUDGES OF THE PROVINCES: The same subject.
| 'It is vexatious that, though we appoint you year by year to your
duties, and leave no district without its Judge, there is yet such
tardiness in administering justice that suitors come by preference to
our distant Court.
'To take away all excuse from you, and relieve the necessity of our
subjects, we have drawn up an edict which we desire you to exhibit for
thirty days in the wonted manner at all places of public meeting.' |
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9 - 21 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: Increase of salaries of grammarians.
| 'You who are called Fathers should be interested in all that concerns
the education of your sons. We hear by certain whisperings that the
teachers of eloquence at Rome are not receiving their proper reward,
and that the sums appointed to be paid to the masters of schools are
lessened by the haggling of some persons.
'Grammar is the noble foundation of all literature, the glorious
mother of eloquence. As a virtuous man is offended by any act of vice,
as a musician is pained by a discordant note, so does the grammarian
in a moment perceive a false concord.
'The grammatical art is not used by barbarous kings: it abides
peculiarly with legitimate sovereigns[616]. Other nations have arms:
the lords of the Romans alone have eloquence. Hence sounds the trumpet
for the legal fray in the Forum. Hence comes the eloquence of so many
chiefs of the State. Hence, to say nothing more, even this discourse
which is now addressed to you[617].
'Wherefore let the teacher of grammar and of rhetoric, if he be found
suitable for his work and obey the decrees of the Praefect of the
City, be supported by your authority, and suffer no diminution of his
salary[618].
'To prevent his being dependent in any way on the caprice of his
employer, let him receive half his salary at the end of half a year,
and his _annonae_ at the customary times. If the person whose
business it is to pay him neglects this order, he shall be charged
interest on the arrears.
'The Grammarian is a man to whom every hour unemployed is misery, and
it is a shame that such a man should have to wait the caprice of a
public functionary before he gets his pay. We provide for the salaries
of the play-actors, who minister only to the amusement of the public;
and how much more for these men, the moulders of the style and
character of our youth! Therefore let them henceforward not have to
try the philosophical problem of thinking about two things at once,
but, with their minds at ease about their subsistence, devote
themselves with all their vigour to the teaching of liberal arts.' |
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9 - 22 KING ATHALARIC TO PAULINUS, VIR CLARISSIMUS AND CONSUL (533): Paulinus chosen as Consul.
| 'The absent from our Court need not fear that they will be disregarded
in the distribution of honours, especially when they are sprung from
an illustrious stock, the offspring of the Senate.
'In your family Rome recognises the descendants of her ancient heroes
the Decii, who, in a great crisis, alone saved their country.
'Take then for the twelfth Indiction the ensigns of the
Consulship[619]. It is an arduous honour, but one which your family is
well used to. The Fasti are studded with its names, and nearly all
the Senate is of kin to you. Still, presume not too much on the merits
of your ancestors, but rather seek to emulate their noble deeds.' |
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9 - 23 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME: On the Consulship of Paulinus.
| 'Judge of our esteem for your honourable body, Conscript Fathers,
when, without any hesitation, we appoint your sons whom we have never
seen to high office, because they are your sons.
'We admire the Patrician Venantius, blessed as he has been with such
an abundant progeny, and found equal to the weight of so many
Consulships. His sons have been all temperate and lively; worthy
members of the same distinguished family. They have been trained in
arms, their minds have been formed by letters, their bodies by the
exercises of the gymnasium. They have learned to show constancy to
their friends, loyalty to their lords; and they have succeeded to the
virtues of their ancestors, as they will to their patrimony. Wisely
husbanding his own fortune, Venantius has been able to support the
honour--gratifying, but burdensome--of seeing so many of his sons made
Consuls. But this is an honour not strange to his family, sprung from
the ancient Decii. His hall is full of laurelled Fasces, and in his
line one might almost say that each one is born a Consular.
'Favour our candidate then, Conscript Fathers, and cherish him with
that care which the name of your body[620] signifies.' |
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9 - 24 KING ATHALARIC TO SENATOR [CASSIODORUS HIMSELF], PRAETORIAN PRAEFECT (SEPT. 1, 533): Cassiodorus appointed Praetorian Praefect.
| 'If you had been hitherto an obscure person we might feel some doubt
how you would bear yourself in your new office, but your long and
glorious career under our grandfather relieves us from any such
anxieties. _His_ choice of you is a thing to be not discussed but
reverently accepted. It was by him that we ourselves were chosen; and
the Divine favour so conspicuously followed him that no General whom
he selected was other than victorious, no Judge whom he appointed was
other than just. In short, one might almost deem him to have been
endowed with the gift of prophecy.
'In your early manhood he received you into the office of Quaestor,
and soon found you to be a conscientious man, learned in the law
beyond your years[621]. You were the chief ornament of your times,
inasmuch as you, by your blameless service sustaining the weight of
that royal intellect by all the force of your eloquence, enabled him,
with his keen interest in all public affairs, to await the result with
confidence. In you he possessed a counsellor pleasant in the
transaction of business, rigid in his sense of justice, free from all
taint of avarice. You never fixed a scandalous tariff for the sale of
his benefits; and thus you reaped your reward in a wealth of public
opinion, not in gold. It was because that just Prince proved you to be
averse from all these vices that he selected you for his glorious
friendship. A wise judge, he threw upon you the weight of listening to
the arguments of contending parties; and so high was his opinion of
your tried sagacity that he at once uttered your decision as the
greatest benefit that he could confer on the litigants. How often did
he rank you among the oldest chiefs of his Council! How often was it
seen that your young beginnings were more than a match for them, who
had the experience of long years behind them! What he found to praise
in you was your excellent disposition, wide open for useful work,
tight closed against the vices of avarice. Whereas, for some reason,
it is rare to find amongst men, the hand closed and justice open.
'Let us pass on to the dignity of _Magister Officiorum_, which all men
knew that you obtained, not from the reputation of wealth, but as a
testimony to your character. In this place you were always ready to
help the [successive] Quaestors; for, when pure eloquence was
required, the case was always put in your hands. The benignant
Sovereign claimed from you the fulfilment of duties which he knew that
he had not formally laid upon you; and such was the favour that he had
for you, while others laboured you received the reward of his abundant
praises[622]. For under your administration no dignity kept its exact
limits; anything that was to be honestly done by all the chiefs of the
State together, you considered to be entrusted to _your_ conscience
for its performance.
'No one found occasion to murmur anything to your disadvantage, though
you had to bear all the weight of unpopularity which comes from the
Sovereign's favour. The integrity of your life conquered those who
longed to detract from your reputation, and your enemies were obliged
to utter the praises which their hearts abhorred; for even malice
leaves manifest goodness unattacked, lest it be itself exposed to
general hatred.
'To the Monarch you showed yourself a friendly Minister and an
intimate Noble[623]. For when he had laid aside the cares of State, he
would seek in your conversation the opinions of wise men of old, that
by his own deeds he might make himself equal to the ancients[624].
Into the courses of the stars, into the gulfs of the sea, into the
marvels of springing fountains, this most acute questioner enquired,
so that by his diligent investigations into the nature of things he
seemed to be a Philosopher wearing the purple.
'It were long to narrate all your merits in the past. Let us rather
turn to the future, and show how the heir of Theodoric's Empire
proposes to pay the debts of Theodoric.
'Therefore, with the Divine help, we bestow on you from the twelfth
Indiction [Sept. 1, 533] the authority and insignia of Praetorian
Praefect. Let the Provinces, which we know to have been hitherto
wearied by the administration of dishonest men, fearlessly receive a
Judge of tried integrity.
'Though you have before you the example of your father's
Praefecture[625], renowned throughout the Italian world, we do not so
much set before you either that or any other example, as your own past
character, exhorting you to rule consistently with that. You have
always been averse from bribery; now earnestly help the victims of
injustice. We have purposely delayed your accession to this high
office that you might be the more heartily welcomed by the people, who
expected to see you clothed with it long ago. Diligently seek out
anything belonging to the titles of the Praetorian Praefecture, of
which it has been defrauded by the cupidity of others. We send you as
a light into a dark chamber, and expect that your sagacity and loyalty
will discover many hidden things.
'We know that you will work not so much for the sake of honour as in
order to satisfy your conscience; and work so done knows no limit to
its excellence.' |
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9 - 25 KING ATHALARIC TO THE SENATE OF THE CITY OF ROME (ON THE PROMOTION OF CASSIODORUS SENATOR TO THE PRAETORIAN PRAEFECTURE): Eulogy of Cassiodorus on his appointment as Praetorian
Praefect.
| 'We have loaded Senator with our benefits, Conscript Fathers, because
he abounds in virtue, is rich in excellence of character, and is
already full of the highest honours. But, in fact, we are his debtors.
How shall we repay that eloquent tongue of his, with which he set
forth the deeds of the Prince, till he himself who had wrought them
wondered at his story? In praising the reign of the wearer of the
purple, he made it acceptable to your nation. For taxes may be paid to
a tyrant; praise, such as this, is given only to a good Prince.
'Not satisfied with extolling living Kings, from whom he might hope
for a reward, he drew forth the Kings of the Goths from the dust of
ages, showing that the Amal family had been royal for seventeen
generations, and proved that the origin of the Gothic people belonged
to Roman history[626], adorning the whole subject with the flowers of
his learning gathered from wide fields of literature.
'In the early days of our reign what labour he gave to the settling of
our affairs! He was alone sufficient for all. The duty of making
public harangues, our own private counsels, required him. He laboured
that the Empire might rest.
'We found him Magister; but he discharged the duties of Quaestor, and
willingly bestowed on us, the heir, the experience which he had gained
in the counsels of our grandfather.
'And not only so, he helped the beginning of our reign both with his
arms and his pen. For when the care of our shores[627] occupied our
royal meditation, he suddenly emerged from the seclusion of his
cabinet, boldly, like his ancestors, assumed the office of
General[628], and triumphed by his character when there was no enemy
to overcome. For he maintained the Gothic warriors[629] at his own
charges, so that there should be no robbery of the Provincials on the
one hand, no too heavy burden on the exchequer on the other. Thus was
the soldier what he ought to be, the true defender, not the ravager of
his country. Then when the time for victualling the ships was over,
and the war was laid aside, he shone as an administrator rather than a
warrior, healing, without injury to the litigants, the various suits
which arose out of the sudden cessation of the contracts[630].
'Such was the glory of the military command of a Metellus in Asia, of
a Cato in Spain--a glory far more durable than any that can be derived
from the varying shock of war.
'Yet with all these merits, how humble he has been, how modest, how
benevolent, how slow to wrath, how generous in the distribution of
that which is his own, how slow to covet the property of others! All
these virtues have been consolidated by his reading of the Divine
Book, the fear of God helping him to triumph over baser, human
motives. Thus has he been rendered humble towards all, as one imbued
with heavenly teaching.
'Him therefore, Conscript Fathers, we make, under God's blessing,
Praetorian Praefect from the twelfth Indiction [Sept. 1, 533], that he
may repress by his own loyalty the trafficking of knaves, and may use
his power for the good of the Republic, bequeathing eternal renown to
his posterity.' |
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10 - 1 QUEEN AMALASUENTHA TO JUSTINIAN THE EMPEROR (A.D. 534): Association of Theodahad in the Sovereignty.
| 'I have hitherto forborne to distress you with the sad tidings of the
death of my son of glorious memory, but now am able to mingle a joyful
announcement with this mournful message. We have promoted to the
sceptre a man allied to us by a fraternal tie, that he may wear the
purple robes of his ancestors, and may cheer our own soul by his
prudent counsels. We are persuaded that you will give us your good
wishes on this event, as we hope that every kind of prosperity may
befall the kingdom of your Piety. The friendship of princes is always
comely, but your friendship absolutely ennobles me, since that person
is exalted in dignity who is united by friendship to your glory[631].
'As we cannot in the short space of a letter express all that we
desire to say on such an occasion, we have entrusted certain verbal
messages to the ambassadors who bear this epistle.' |
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10 - 2 THEODAHAD THE KING TO JUSTINIAN THE EMPEROR: The same subject.
| 'It is usual for newly-crowned Kings to signify their accession to the
different nations round them. I, in making this communication to you,
am greatly favoured by Providence, feeling secure of your favour,
because I know that my most excellent Lady and Sister has already
attained it. I feel confident that I shall justify the choice of one
who shines in such a light of wisdom that she both governs her own
kingdom with admirable forethought and keeps firmly the vows of
friendship which she has plighted to her neighbours. Partner of her
cares, I desire also to be a partner of her wisely-formed friendships,
those especially which she has contracted with you, who have nothing
like unto you in the whole world. This alliance is no new thing: if
you will look back upon the deeds of our ancestors you will find that
there is a custom which has obtained the force of a law, that the
Amals should be friendly with the Empire. So old a friendship is
likely to endure; and if, in obedience to it and to my Sister's
choice, I have your love, I shall feel that I am indeed a King.
'The ambassadors who have charge of this letter will further express
my sentiments.' |
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10 - 3 QUEEN AMALASUENTHA TO THE SENATE OF THE CITY OF ROME: The same subject.
| 'After the death of our son of blessed memory[632] our love for the
common weal overcame the yearnings of a mother's heart and caused us
to seek your prosperity rather than an opportunity to indulge in our
own sorrow. We have considered by what solace we should strengthen
ourselves for the cares of royalty. The same Providence which has
deprived us of a son in the dawn of manhood, has reserved for us the
affection of a brother in mature age. Under the Divine auspices we
have chosen Theodahad[633] as the fortunate partner of our throne. We
two, with conjoined counsels, shall now labour for the common welfare,
_two_ in our meditations, _one_ in the action which results from them.
The stars give one another mutual help in ruling the heavens, and God
has bestowed on man two hands, two ears, two eyes, that each one of
these members should assist the other.
'Therefore exult, Conscript Fathers, and commend our deed to the
blessing of the Almighty. Our sharing our power with another is a
pledge of its being wisely and gently exercised. By God's help we have
opened our palace to a man of our own race, conspicuous by his
illustrious position, who, born of the Amal stock, has a kingly
dignity in all his actions, being patient in adversity, moderate in
prosperity, and, most difficult of all kinds of government, long used
to the government of himself. Moreover, he possesses that desirable
quality, literary erudition, lending a grace to a nature originally
praiseworthy. It is in books that the sage counsellor finds deeper
wisdom, in books that the warrior learns how he may be strengthened by
the courage of the soul, in books that the Sovereign discovers how he
may weld nations together under his equal rule. In short, there is no
condition in life the credit whereof is not augmented by the glorious
knowledge of literature.
'Your new Sovereign is moreover learned in ecclesiastical lore, by
which we are ever reminded of the things which make for our own true
honour, right judgment, wise discretion, reverence for God, thought
of the future judgment. For the remembrance that we shall one day
stand at the bar to answer for ourselves compels us to follow the
footprints of Justice. Thus does religious reading not only sharpen
the intellect but ever tend to make men scrupulous in the performance
of their duties.
'Let me pass on to that most generous frugality of his private
household[634] which procured the means of such abundance in his
gifts, of such plenty at his banquets, that even the kingdom will not
call for any new expenditure in this respect greater than the old.
Generous in his hospitality, most pitiful in his compassions, while he
was thus spending much, his fortune, by a heavenly reward, was ever on
the increase.
'The wish of the people should coincide with our choice of such a man,
who, reasonably spending his own goods, does not desire the goods of
others[635]. For moderation in his own expenditure takes away from the
Sovereign the temptation to transgress the precepts of justice and to
abandon the golden mean.
'Rejoice then, Conscript Fathers, and give thanks to the Most High,
that I have chosen such a ruler, who will supplement my justice by the
good deeds which spring from his own piety. For this man is both
admonished by the virtue of his ancestors and powerfully stimulated by
the example of his uncle Theodoric.' |
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10 - 4 KING THEODAHAD TO THE SENATE OF THE CITY OF ROME: The same subject.
| 'We announce to you, Conscript Fathers, the Divine favour which has
been manifested unto us, in that our sovereign Lady[636], who is
renowned throughout the whole world, has with generous affection made
me partaker of her throne, so that she may not lack loyal support and
I may be fittingly clothed with the purple of my ancestors.
'I know that this elevation of mine was the object of the wishes of
the community. Your whispers in my favour might have been a source of
danger, but now your openly expressed acclamations are my proudest
boast. You wished that God should bestow upon me this honour, to which
I for my part should not have ventured to aspire. But if I have, as I
trust I have, any influence with you, let me prevail upon you to join
with me in perpetually hymning the glorious praises of our Lady and
Sister. She has wished to strengthen the greatness of our Empire by
associating me therein, even as the two eyes of a man harmoniously
co-operate towards a single act of vision. Divine grace joins us
together: our near relationship cements our friendship. Persons of
diverse character may find it an arduous matter thus to work in
common; but, to those who resemble one another in the goodness of
their intentions, the difficulty would rather be _not_ to work in
harmony. The man devoid of forethought may fear the changing of his
purposes; but he who is really great in wisdom eagerly seeks wisdom in
another.
'But of all the gifts which with this regal dignity the Divine favour
has bestowed upon me, none pleases me more than the fact that I should
have been thus chosen by that wisest Lady who is herself a moral
balance of the utmost delicacy, and who made me first feel her justice
before advancing me to this high dignity. For, as you know, she
ordained that I should plead my cause against private persons in the
common judgment-hall[637]. Oh wonderful nobility of her mind! Oh
admirable justice, which the world may well tell of! She hesitated
not first to subject her own relation to the course of public justice,
even him whom, a little after, she would raise above the laws
themselves. She thoroughly searched the conscience of him to whom she
was about to hand over the dignity of kingship, that she might be
recognised as sovereign Lady of all, and that I, when tested, might be
advanced by her to the throne.
'When shall I be able to repay her for all these favours: her who,
having reigned alone during the minority of her son, now chooses me as
the partner of her realm? In her is the glory of all kingdoms, the
flower of all our family. All our splendour is derived from her, and
she reflects a lustre not only on our ancestors, but on the whole
human race. Her dutiful affection, her weight of character, who can
set forth? The philosophers would learn new lessons if they knew her,
and would acknowledge that their books fail to describe all her
attributes. Acute she is in her powers of reasoning; but with royal
taciturnity she knows how to veil her conclusions in secrecy. She is
mistress of many languages; and her intellect, if suddenly tested, is
found so ready for the trial that it scarcely seems like that of a
mortal. In the Books of Kings the Queen of the South is said to have
come to learn the wisdom of Solomon: but here a woman speaks, and
Sovereigns listen to her with admiration. Infinite depths of meaning
are fathomed by her in few words, and she, with utmost ease, expresses
what others can only after long deliberation embody in language[638].
'Happy the commonwealth which boasts the guidance of such a mistress.
It was not enough that already liberty and convenience were combined
for the multitude[639]: her merits have secured the fitting reverence
for the person of the Sovereign. In obeying _her_ we obey all the
virtues. I, too, with such a counsellor, fear not the weight of the
crown; and I know that whatever is strange to me in my new duties I
shall learn from her as the safest of teachers.
'Acknowledge, noble Sirs, that all my power of increased usefulness to
the State comes from this our most wise Lady, from whom I may either
gain wisdom by asking questions, or virtue by following her example.
'Live happily: live in harmony by God's help, and emulate that grace
of concord which you see prevailing between your Sovereigns.' |
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10 - 5 KING THEODAHAD TO HIS MAN THEODOSIUS: The followers of the new King must live justly.
| 'By my accession to the throne I have become lord of the whole nation
and guardian of the general welfare. I therefore command that all who
belong to my private household shall vindicate their rights only in
the courts of law, and shall abstain from all high-handed modes of
obtaining redress. Only that man must henceforward be called mine who
can live quietly subject to the laws. My new dignity has changed my
purpose; and if before I have defended my rights with pertinacity, I
shall now temper all my acts with clemency[641]; since there is
nothing exceptional about a Sovereign's household, but wheresoever,
by the grace of God, our rule extends, there, as we fully confess, is
something which it is our duty to defend. Augment therefore my renown
by your patience, and let me hear praises rather than complaints of
the actions of my servants.'
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10 - 6 KING THEODAHAD TO PATRICIUS, VIR ILLUSTRIS AND QUAESTOR: Patricius appointed Quaestor.
| 'In conferring upon you the office of Quaestor we look first to
character, and we find in you that love of justice which is all
important in a representative of the Prince. Then we look at the
qualities of your intellect, and we find in you that flow of eloquence
which among all mental accomplishments we value most highly. What does
it profit to be a philosopher, if one cannot worthily set forth the
results of one's investigations? To discover is natural to man; but to
set forth one's discoveries in noble language, that is indeed a
desirable gift. Therefore we bestow on you for this thirteenth
Indiction[642] the fasces of the Quaestorship, desiring you to
consecrate your time to the study of the laws and the _responsa
prudentum_, and to spread abroad our fame by the eloquent manner in
which you shall communicate our decrees to the Cities and Provinces
under our sway, and speak in our name to the representatives of
foreign nations.'
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10 - 7 KING THEODAHAD TO THE SENATE OF THE CITY OF ROME: The same subject.
| 'After announcing to you our own accession, one of our first cares was
to choose a Judge whose style of speaking might dignify the State.
Such a Judge have we found in Patricius (Patrician by his name
already), whom we hereby appoint to the office of Quaestor. He
studied eloquence at Rome. Where could he have studied better? For
while other parts of the world have their wine, their balm, their
frankincense, which they can export, the peculiar product of Rome is
eloquence.
'Having thus learned his art, he practised it at the bar with singular
moderation. No heat of strife hurried him into abuse of his
competitors. Seeking only to win his client's cause, he calmly and
courteously set forth that client's rights without sacrificing his own
dignity of demeanour.
'Thinking that this man has pleaded long enough, we now appoint that
he shall sit as Judge, having made diligent enquiry as to his
character. In this, and in all other matters, we wish to follow the
example of the Emperors who have gone before us, in so far as they
followed the paths of justice[643].' |
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10 - 8 QUEEN AMALASUENTHA TO JUSTINIAN, AUGUSTUS: Present of marbles from Justinian to Amalasuentha.
| 'Delighting to receive from your Piety some of those treasures of
which the heavenly bounty has made you partaker, we send the bearer of
the present letter to receive those marbles and other necessaries
which we formerly ordered Calogenitus to collect on our behalf. All
our adornments, furnished by you, redound to your glory. For it is
fitting that by your assistance should shine resplendent that Roman
world which the love of your Serenity renders illustrious.'
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10 - 9 KING THEODAHAD TO JUSTINIAN, AUGUSTUS: The same subject.
| 'We have directed the bearer of this letter to exhibit (?) those
things for which Calogenitus was previously destined; so that,
although that person is withdrawn from this life, your benefits, by
God's help, may still be brought unto us.'
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10 - 10 QUEEN AMALASUENTHA TO THEODORA, AUGUSTA: Salutation to Theodora.
| 'We approach you with the language of veneration, because it is agreed
on all hands that your virtues increase more and more. Friendship
exists not for those only who are in one another's presence, but also
for the absent. Rendering you therefore the salutation of august
reverence, I hope that our ambassadors, whom we have directed to the
most clement and most glorious Emperor, will bring me news of your
welfare. Your prosperity is as dear to me as my own; and as I
constantly pray for your safety, I cannot hear without pleasure that
my prayers have been answered.'
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10 - 11 KING THEODAHAD TO MAXIMUS[645], VIR ILLUSTRIS AND DOMESTICUS: Maximus appointed to office of Primicerius .
| 'It is the glory of a good Sovereign to confer office on the deserving
descendants of illustrious families. Such are the Anicii, an ancient
family, almost on an equality with princes[646], from whom you are
descended. Gladly would we decorate the descendants of the Marii and
Corvini if time had permitted their progeny to survive to our own day.
But it were inconsistent to regret the impossibility of enjoying this
privilege if we neglected the opportunity which we do possess in your
case.
'Therefore we bestow upon you from this fourteenth Indiction[647] the
office of Primicerius, which is also called Domesticatus. This office
may appear somewhat less than you are entitled to by your pedigree,
but you have received an honour which is greater than all the _fasces_
in being permitted to marry a wife of our royal race, a distinction
which you could not have hoped for even when you sat in the curule
chair. Comport yourself now with mildness, patience, and moderation,
that you may show yourself worthy of your affinity with us. Your
ancestors have hitherto been praised, but they were never dignified
with such an alliance. Your nobility has now reached a point beyond
which it can climb no further. All that you do henceforward of a
praiseworthy kind will but have the effect of rendering you more
worthy of the matrimonial alliance which you have already
achieved[648].' |
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10 - 12 KING THEODAHAD TO THE SENATE OF THE CITY OF ROME: The same subject.
| 'We do not think that the fact of a man's having received the
Consulship early in life should shut him out from holding office of
lower rank in his maturer years[649]. As the Tiber receives the water
of smaller rivers which merge their names in his, so a man of Consular
rank can serve the State in less conspicuous ways, yet still be
Consular. Therefore we have thought fit to bestow on the Illustrious
and Magnificent Patrician Maximus, the Primiceriatus which is also
called Domesticatus, from this fourteenth Indiction, that the
lowliness of the honour may be raised by the merit of the wearer. He
is an Anicius, sprung from a family renowned throughout the whole
world. He is also honoured with the affinity of our own illustrious
race. Receive him, welcome him, rejoice at these nuptials, which bind
me closer to you, now that you have in your ranks one whom I can truly
call a relation.'
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10 - 13 KING THEODAHAD TO THE SENATE OF THE CITY OF ROME: Summons to Ravenna. Suspicions of the Senators.
| 'After we had dismissed the venerable Bishops who brought your
message, without taking exception to your requests, though there were
some things blameworthy among them, we received tidings that the City
of Rome was agitated by certain foolish anxieties, from which real
evil would grow unless the suspicion which caused them could be laid
to rest.
'I fear that I cannot complain of "popular levity" if your illustrious
body, which should set an example to all others, should give way to
such fond imaginings. If Rome, which should govern the Provinces, be
so foolish, what can we expect of _them_?
'Divine grace, however, prompts us both to pardon your faults and to
grant your requests. We owe you nothing, and yet we pay you[650]; but
we trust to be rewarded by hearing not our own praises but yours. Put
away these unworthy, these childish suspicions, and behave as becomes
the fathers of the people.
'In desiring your presence at our Court, we sought not your vexation
but your advantage. It is certainly a great privilege to see the face
of the Sovereign, and we thought to bestow on you, for the advantage
of the State, that which used to be counted as a reward. However, not
to deal harshly with you, we shall be satisfied with the attendance of
certain individuals from your body, as occasion may require, so that
on the one hand Rome may not be denuded of her citizens, and on the
other that we may not lack prudent counsellors in our chamber. Now
return to your old devotion, and serve us, not as a matter of fear,
but of love. The rest shall the bearer of this letter explain unto
you.' |
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10 - 14 KING THEODAHAD TO THE ROMAN PEOPLE: Dissensions between citizens of Rome and Gothic troops.
| 'Your predecessors have always been distinguished by the loyal love
which they bore to the Chief of the State; and it is only right that
he [the Sovereign] who is defended with so much toil, he, for whom, as
the representative of public order, daily precautions are taken[651],
should in return love that people above all others whose loyalty gives
him a right to rule the world[652].
'Oh! let there be nothing in you in our days which may justly move our
indignation. Still show forth your older loyalty. It is not fitting
that the Roman people should be fickle, or crafty, or full of
seditions.
'Let no fond suspicions, no shadow of fear sway you. You have a
Sovereign who only longs to find opportunities to love you. Meet with
hostile arms your enemies, not your own defenders.
'You ought to have invited, not to have shut out the succour which we
sent you. Evidently you have been misled by counsellors who care not
for the public weal. Return to your own better minds.
'Was it some new and strange nation whose faces forsooth thus
terrified you? No: the very men whom hitherto you have called your
kinsmen, the men who in their anxiety for your safety have left their
homes and families in order to defend you. Strange return on your part
for their devotion!
'As for you, you should know this, that night and day our one
ceaseless desire is to perfect, with God's help, the security which
was fostered in the times of our relations [Theodoric and
Amalasuentha]. Where, indeed, would our credit as a Sovereign be if
anything happened to your hurt? Dismiss all such thoughts from your
minds. If any have been unjustly cast down, we will raise him up
again. We have sent you some verbal messages by the bearer of this
letter, and hope that from henceforth we may rely on your constant
obedience.' |
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10 - 15 KING THEODAHAD TO THE EMPEROR JUSTINIAN: Letter of introduction for an ecclesiastic.
| 'It is always a delight to us to have an opportunity of directing our
letters of salutation[653] to your Piety, since he is filled with
happy joy who converses with you with sincere heart. I therefore
recommend to your Clemency the bearer of this letter, who comes on the
affairs of the Church of Ravenna. There can be no doubt that if you
grant his request you will earn a just reward.'
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10 - 16 KING THEODAHAD TO THE SENATE OF THE CITY OF ROME: Assurances of good-will. Oath of concord.
| 'It is worthy of a ruler to do good of his own freewill, not under
compulsion. By God's favour we _can_ do anything, but we choose to do
only things that are praiseworthy. Recognise now, oh prudent
counsellors, that clemency of mine which ye might always have reckoned
upon. Ye feared that I was your enemy; far from that, I cannot even
bear that ye should be racked by the fear of evil[654]. And therefore,
though I change no purpose of mine, since I never had thoughts of evil
towards you, I have ordained that A and B, the bearers of this letter,
should take unto you the oaths which you solicited[655]. I do this
thing for God's sake, not for man's; for how could I, who have run
through the story of ancient realms in Holy Writ, wish to do anything
else but that which is well-pleasing to God, who will assuredly
recompense me according to my works. Henceforward, then, serve me
loyally, and in the full security which you have thus acquired: yea,
your love will be now the repayment of a debt rather than a freewill
offering.'
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10 - 17 KING THEODAHAD TO THE ROMAN PEOPLE: The same subject.
| 'Since your security is our highest ornament, and since our love
wishes to remove every shade of anxiety from your minds, we have
ordered A and B to take oaths to you in our name, whereby you may know
the mind of your King towards you. Though this act might seem not to
consort with our dignity, we willingly perform it for your sakes, and
add the sanction of an oath, though we have learned from the Sacred
Scriptures that a mere promise ought to be kept. Now it is for you to
show your devotion, and with assiduous prayers to implore of the
Majesty on high that the tranquil times which we long that you may
enjoy may be granted by the gift of Heaven.'
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10 - 18 KING THEODAHAD TO THE SENATE OF THE CITY OF ROME: A Gothic garrison for Rome.
| 'Anxious that what we are devising for your safety should not be
misinterpreted by bitter suspicion, we do you to wit that the army
which is marching to Rome is intended for your defence, in order that
they who covet your possessions may by Divine help be resisted by the
arms of the Goths. If the shepherd is bound to watch over his flock,
the father of the family to see that no crafty deceiver enters
therein, with what anxious care ought not we to defend the City of
Rome, which by universal consent is unequalled in the world[656]. So
precious a possession must not be staked upon any throw. But that the
defence of the City may be in no wise burdensome to you, we have
ordered that the soldiers shall pay at the ordinary market rate for
the provisions which they require; and we have desired Vacco, the
steward of our house, to superintend these purchases. He is a man of
valour and integrity, whose character will secure him the obedience of
the troops, and enable him to prevent any excesses.
'As for the soldiers, we have told them to take up their quarters in
fitting places [outside the City?], that without there may be armed
defence, within for you, tranquil order[657].
'God forbid that in our days that City should seem to be protected by
walls, the very name of which hath been of old a terror to the
nations[658]. We hope for this from the aid of Heaven, that she who
hath always been free may never be stained by the insult of any
blockade[659]. |
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10 - 19 KING THEODAHAD TO THE EMPEROR JUSTINIAN: Embassy of Peter.
| 'We thank the Divine Being, who loves to see Kings at peace with one
another, that you expressed such joy at our elevation to the throne.
Continue to set to the world this example of benignity; continue to
show your interest in one who recommends himself by his pure affection
for you. For you do not seek to pick shabby quarrels with other
Sovereigns; you do not delight in unjust contests, which are contrary
to sound morality[660], since you seek for nothing but what may
increase the good opinion which men have of you. How could you throw
away that peace which it is the glory of your Piety to have imposed
even on angry nations[661]?
'Even you, glorious Sovereigns! [Justinian and Theodora] gain somewhat
when all other realms revere you. It is a common thing for the ruler
to be praised in his own land, but to receive the unforced praise of
foreign lands, that is indeed desirable. You are loved, most pious
Emperor, in your own dominions; but how much grander a thing to be yet
more loved in the regions of Italy, from whence the glory of the Roman
name was diffused over the whole world! It behoves you therefore to
continue that peaceful disposition which you showed towards us at the
commencement of our reign.
'We have desired the most blessed Pope and the most honourable Senate
of the City of Rome to give their answers to the eloquent and worthy
Peter, your ambassador, with as little delay as possible; and we have
joined with him that venerable person our ambassador[662], that you
may know our mind from our own messenger.' |
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10 - 20 QUEEN GUDELINA[663] TO THEODORA AUGUSTA: Embassy of Rusticus.
| 'I have received with thanks the earnestly-desired letters of your
Piety, and reverently prize the report of your spoken words as better
than all gifts. You exhort us first of all to impart to your hearing
whatever requests we wish to make to your triumphant lord and
consort[664]. Backed by such patronage as yours, how can there be any
doubt as to the success of our petitions? It is an addition to our joy
that your Serenity has chosen such a man for your ambassador, one whom
it is equally fitting for your glory to send and for our obedience to
receive[665]. There can be no doubt that it is by constant observation
of your character that his own has become so excellent, since it is by
good maxims that the mind of man is cleansed from impurity[666].
According to the warning of your Reverence we have given orders that
both Pope and Senate shall give their answers to your messengers
quickly, so that there may be no delay.
'For moreover, concerning that person about whom something came to our
ears with tickling speech, know that that has been ordained which we
believed would suit your intentions[667]; for it is our desire that by
the interposition of our good offices your will should be law as much
in our kingdom as in your empire[668].
'We therefore inform you that we had caused our messenger [Rusticus
the priest] to be despatched by the Pope before your ambassador could
possibly have left Rome. So saluting you with all the veneration which
is your due, we assign the office of ambassador to a man eminent both
by his character and learning, and venerable by reason of his office;
since we believe that those persons are acceptable to you whom we have
thought suitable to be entrusted with the Divine ministry.' |
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10 - 21 QUEEN GUDELINA TO THEODORA, AUGUSTA: Soliciting Theodora's friendship.
| 'Oh, wisest of Augustas, both I and my wedded lord earnestly desire
your friendship. The love of so great a lady seems to raise me higher
than royalty. Shed on us the lustre of your glory, for one light loses
nothing by imparting some of its brilliancy to another. With
affectionate presumption I commend myself to the favour of the Emperor
and yourself, desiring that, as is fitting, there should be no discord
between the two Roman realms[669].'
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10 - 22 KING THEODAHAD TO THE EMPEROR JUSTINIAN: Entreaties for peace.
| 'Our own ambassadors, and that most excellent person Peter, whom your
Piety despatched to us, will both have informed you how earnestly we
desire concord with your august Serenity. We now send two more
ambassadors charged with the same commission. We certainly with all
sincerity plead for peace who have no cause of quarrel with you.
Consider also, oh learned Sovereigns, and consult the archives of your
great grandfather[671], that you may see how large a part of their own
rights your predecessors were willing to relinquish for the sake of an
alliance with our ancestors[672]. Think how fortunate you are in
having that friendship willingly offered to you for which they had
humbly to sue. Yet, we may say it without arrogance, we know ourselves
to be better than those ancestors of ours with whom the treaty was
made[673]. We send you on this embassy a venerable man, made
illustrious by his priestly office, and conspicuous by the renown of
his learning. We pray the Divine goodness to bring our wishes to pass;
and as not even a series of letters can contain all that we have to
say, we have given some verbal messages to be conveyed to your sacred
ears, that you may not be wearied by the reading of too diffuse a
letter.'
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10 - 23 QUEEN GUDELINA TO THEODORA, AUGUSTA: The same subject.
| 'We learn with satisfaction from that most eloquent man Peter, that
what has happened in this State is acceptable to you[675]. You show
your love of justice when, all suspicion by God's providence having
been wiped away, you desire that there should be lasting agreement
between us. Let there then be definite promises on both sides, and
lasting concord as the result. We therefore send that venerable man to
secure the peace of our most serene husband with yours in the sight of
all men. If there be anything in the Emperor's terms so hard that it
ought not to be imposed on us, we trust to your wise moderation to
mitigate the same, that the love which we have begun to feel towards
your kingdom be not chilled by harsh terms of peace.
'Claim this palm of concord between the two States as your own
especial crown, that as the Emperor is renowned for his successful
wars, so you may receive the praises of all men for this accomplished
peace. Let the bearer of these letters see you often and
confidentially. We hope for just, not onerous, conditions of peace,
although in truth nothing seems impossible to us if we know that it is
asked for by such a glorious person as yourself.' |
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10 - 25 KING THEODAHAD TO THE EMPEROR JUSTINIAN: The same subject.
| 'The august page written by your Serenity, and brought to us by the
venerable presbyter Heracleanus, has gleamed upon us, bringing us the
grace of your salutation. Oh, what a great benefit for us is this
sweet converse with so mighty a prince!
'May we ever hear of your safety, and of the increase of the happiness
of your kingdom. We have no other wish but this. According to your
desire we have addressed letters to the Pope of the City of Rome[677],
telling him to reply to the letter brought by the present messenger
with the least possible delay, since anyone who comes from you should
be attended to with utmost celerity. We hope for many future
opportunities of thus obeying your desires and earning your love in
return.' |
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10 - 26 KING THEODAHAD TO THE EMPEROR JUSTINIAN: A monastery too heavily taxed.
| 'Richer than all other gifts bestowed by your Serenity is this, when
you exhort us to do that which will profit for our own salvation and
recommend us to the Divine Power. We hear that it has been brought to
the knowledge of your Glory that a monastery of God's servants is too
heavily oppressed with tribute, and we point out that this is owing to
an inundation which has smitten their land with the curse of
barrenness. However, we have given orders to the most eminent
Senator[678] to appoint a careful inspector to visit the farm in
question, weigh the matter carefully, and make such reasonable
reduction as may leave a sufficient profit to the owners of the soil.
We consider that anything which we thus concede to the desire of your
Mildness will be to us the most precious of all gains.
'In the matter of Veranilda, too, about which your Serenity has
deigned to admonish me, though it happened long ago under the reign of
my relations, I thought it right to make good her loss by my own
generosity, that she might not repent her change of religion[679]. For
seeing that the Deity suffers many religions, we should not seek to
impose one on all our subjects. He who tries to do otherwise flies in
the face of the Divine commands. Your Piety, therefore, fittingly
invites me to these acts of obedience to God.' |
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10 - 27 KING THEODAHAD TO SENATOR, PRAEFECTUS PRAETORIO: Corn distributions in Liguria and Venetia.
| 'In succouring his subjects, the payers of tribute, the King does not
seem to give, so much as to restore what he has received. The
cultivator of the soil is abandoned to future famine, unless he is
helped in the day of his necessity. Therefore let the corn which has
been received by the government from industrious Liguria and loyal
Venetia, though it has been taken from their fields, be born again to
them in our granaries, since it is too outrageous that the cultivator
should starve while our barns are full. Therefore let your Illustrious
Greatness (whose office is said to have been instituted for the
express purpose of feeding the people from the accumulated stores of
the State[681]) sell to the impoverished Ligurians the third part of
the grain warehoused at Ticinum and Dertona, at the rate of 25 modii
to the solidus[682]. Similarly distribute the third part of the stores
in the warehouses of Tarvisium and Tridentum to the Venetians, at the
same rate, that pitying Heaven, seeing men's bounty to one another,
may give us fruitful harvests. Take care that this distribution is so
managed that our indulgence shall reach those persons chiefly, who are
least able to depend on their own resources.'
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10 - 28 KING THEODAHAD TO SENATOR, PRAEFECTUS PRAETORIO: Grant of monopolies.
| 'The King ought to confirm whatever has been wisely ordered by the
Judges, especially those who are known to be above suspicion of
bribery.
'Therefore we confirm in their offices[684] the stewards[685],
purveyors[686] of wheat, wine, and cheese, the meat sellers, vintners,
farmers of the revenue derived from granaries and taverns[687], hay
merchants, and general provision dealers[688], who belong to the City
of Rome or the royal residence of Ravenna[689]; also those who hold
public charges of this description along the river banks of Ticinum or
Placentia[690], or in any other places, whom we know to have been
appointed by you, whose judgments we willingly embrace and desire to
hold fast exactly as if they were our own; nor will we allow the
malice of any to prevail against those persons who by your choice have
assumed these public functions. If therefore they acquit themselves to
your satisfaction, they shall hold their office for five years without
fear of disturbance during that period. On account of the present
barrenness of the land you should cause them to fix such prices for
the different kinds of grain as shall seem reasonable to your
Eminence[691].
'As human ambition requires to be checked by fear of punishment,
anyone who by petitioning or canvassing seeks to obtain the place of
one of these lawfully appointed purveyors shall be visited with a fine
of 30 lbs. of gold[692], to be exacted from him by you. If unable to
pay this fine he shall suffer corporal punishment and be noted as
infamous. Nothing can be considered safe or stable if men are to be
perpetually exposed to the snares of envious competitors like these.
Your Greatness is to bring this law to the knowledge of all men.' |
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10 - 29 KING THEODAHAD TO COUNT WINUSIAD: An old soldier receives furlough for a visit to the baths of Bormio.
| 'Your noble birth and tried fidelity induced us to commit to you the
government of the City of Ticinum, which you had defended in war: but
now, being deluged with a sudden inundation of muddy gout[693], you
ask leave to resort to the waters of Bormio, which by their drying
influences are of healing power for this malady.
'We permit, nay earnestly encourage, you to undertake this journey;
for we cannot bear that one of our warriors should fall a victim to
the tyranny of this cruel disease, which, like the Barbarians, when it
has once claimed by force hospitality in the owner's body, ever after
defends its right thereto by cruelty. It seeks out all the hollow
places of the system, makes stones out of its moisture, and deposits
them there, destroying all the beautiful arrangements of Nature for
free and easy movement. It loosens what ought to be tight, it
contracts the nerves, and so shortens the limbs that a tall man finds
all the comeliness of his stature taken from him while he is still
unmutilated. It is in truth a living death; and when the excruciating
torment is gone, it leaves an almost worse legacy behind it--inability
to move. Even debtors in the torture chamber have the weights
sometimes removed from their feet; but this cruel malady, when it has
once taken hold of a man, seems never to relinquish possession. A
disease of this kind, bringing with it weakness and helplessness, is
especially terrible to a warrior, who after overcoming the foes that
came against him in battle, finds himself thus struck down by an enemy
within.
'Go then, in Heaven's name, to the healing springs. We cannot bear the
thought that you the warrior should be carried on men's shoulders,
instead of bestriding your war-horse. We have painted all these evils
in somewhat exaggerated style in order to stir you up to seek an early
cure.
'Use then these waters, soothing to the taste, and in the hot bath
able to dry up the gouty humours. God has given us this ally wherewith
to overcome that enemy of the human race; and under its double
influence, within and without, the malady, which ten years of regimen
and endless medicines cannot lessen, is put to flight by remedies
which are in themselves delightful.
'May God grant that this far-famed place may restore your body to
health[694].' |
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10 - 30 KING THEODAHAD TO HONORIUS, PRAEFECT OF THE CITY: The elephants in the Via Sacra.
| 'We regret to learn from your report that the brazen elephants placed
in the Via Sacra[695] (so called from the many superstitions to which
it was consecrated of old) are falling into ruins.
'This is to be much regretted, that whereas these animals live in the
flesh more than a thousand years, their brazen effigies should be so
soon crumbling away. See therefore that their gaping limbs be
strengthened by iron hooks, and that their drooping bellies be
fortified by masonry placed underneath them.
'The living elephant, when it is prostrate on the ground, as it often
is when helping men to fell trees, cannot get up again unaided. This
is because it has no joints in its feet; and accordingly you see
numbers of them lying as if dead till men come to help them up again.
Thus this creature, so terrible by its size, is really not equally
endowed by Nature with the tiny ant.
'That the elephant surpasses all other animals in intelligence is
proved by the adoration which it renders to Him whom it understands to
be the Almighty Ruler of all. Moreover it pays to good princes a
homage which it refuses to tyrants.
'It uses its proboscis[696], that nosëd hand which Nature has given it
to compensate for its very short neck, for the benefit of its master,
accepting the presents which will be profitable to him. It always
walks cautiously, mindful of that fatal fall [into the hunter's pit]
which was the beginning of its captivity. At its master's bidding it
exhales its breath, which is said to be a remedy for the human
headache.
'When it comes to water it sucks up in its trunk a vast quantity,
which at the word of command it squirts forth like a shower. If anyone
have treated it with contempt, it pours forth such a stream of dirty
water over him that one would think a river had entered his house. For
this beast has a wonderfully long memory, both of injury and of
kindness. Its eyes are small, but move solemnly. There is a sort of
kingly dignity in its appearance, and while it recognises with
pleasure all that is honourable, it seems to despise scurrilous jests.
Its skin is furrowed by deep channels, like that of the victims of the
foreign disease named after it[697], _elephantiasis_. It is on account
of the impenetrability of this hide that the Persian Kings used the
elephant in war.
'It is most desirable that we should preserve the images of these
creatures, and that our citizens should thus be familiarised with the
sight of the denizens of foreign lands. Do not therefore permit them
to perish, since it is for the glory of Rome to collect all specimens
of the process by which the art of workmen hath imitated the
productions of wealthy Nature in all parts of the world.' |
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10 - 31 KING WITIGIS TO ALL THE GOTHS: Elevation of Witigis.
| 'Though every advance in station is to be accounted among the good
gifts of the Divinity, especially is the kingly dignity to be looked
upon as coming by His ordinance through Whom kings reign and subjects
obey. Wherefore, with liveliest satisfaction returning thanks to our
Maker Christ, we inform you that our kinsmen[700] the Goths, amid a
fence of circling swords, raising us in ancestral fashion upon a
shield, have by Divine guidance bestowed on us the kingly dignity,
thus making arms the emblem of honour to one who has earned all his
renown in war. For know that not in the corner of a presence-chamber,
but in wide-spreading plains I have been chosen King; and that not the
dainty discourse of flatterers, but the blare of trumpets announced my
elevation, that the Gothic people, roused by the sound to a kindling
of their inborn valour, might once more gaze upon a Soldier King.
'Too long indeed have these brave men, bred up amid the shock of
battle, borne with a Sovereign who was untried in war; too long have
they laboured to uphold his dubious fame, though they might presume
upon their own well-known valour[701]. For it is inevitable that the
character of the ruler should in some degree influence the reputation
of the whole people.
'But, as ye have heard, called forth by the dangers of my kindred, I
was ready to undergo with them one common fate; but they would not
suffer me to continue a mere General, feeling that they needed a
veteran King. Wherefore now accept first the Divine decree, and then
the judgment of the Goths, since it is your unanimous wish which makes
me King. Lay aside then the fear of disaster: cast off the suspicion
of further losses: fear no rude strokes of fate under our dominion. We
who have ridden so oft to war have learned to love valiant men.
Associated in all things with your labours, I have been myself a
witness to the brave deeds of each of you, and need no other evidence
of your worth. By no fraudulent variations between my public and
private negotiations shall the might of the Gothic arms be
broken[702]. Everything that we do shall have respect to the welfare
of our whole people: in private we will not even love. We promise to
follow those courses which shall adorn the royal name. Finally, we
undertake that our rule shall in all things be such as becomes a
Gothic King, the successor of the renowned Theodoric--that man who was
so rarely and so nobly qualified by Nature for the cares of royalty;
that man of whom it may be truly said that every other Sovereign is
illustrious in so far as he loves _his_ counsels. Therefore he who
succeeds in imitating the deeds of Theodoric ought to be considered as
belonging to his line. Thus then, manifest your anxious care for the
welfare of our kingdom, while your hearts are at ease, through God's
goodness, as to our internal security.' |
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10 - 32 KING WITIGIS TO THE EMPEROR JUSTINIAN: Overtures for peace with the Empire.
| 'How much, oh most clement Emperor, we long for the sweetness of your
favour, may be understood from this fact alone, that after such
serious injuries and such grievous bloodshed as you have inflicted on
us, we still come forward to ask for peace with you, as if none of
your servants had ever wronged us. We have suffered such things as
might move the indignation even of our enemies, who must know that
they have attacked us without our guilt, have hated us without our
fault, have despoiled us without our owing them anything. Nor can it
be said that the blow has been so slight that no account need be taken
of it, since it has been struck not in the Provinces alone but in Rome
[or Italy] herself, the Capital of the World[703]. Think how great
must be our pain at this, which nevertheless we banish from memory in
order that we may obtain justice at your hands. Such disturbance has
been made as the whole world speaks of[704] [and condemns], and it
deserves to be so composed by you that all men may admire your spirit
of equity.
'If vengeance on King Theodahad be the thing required, I [who have put
him to death] merit your love. If you desire to honour the blessed
memory of Queen Amalasuentha, think of her daughter[705], who has
reached [by our means] that royal station to which your soldiers might
well have striven to exalt her, in order that all the nations might
see how faithful you remained to the old friendship.
'This fact too ought to influence you, that by the ordering of
Providence we were permitted to make your acquaintance before our
accession to the throne, that the remembrance of our favourable
reception at your Court, and the sight of your person in that splendid
position, might move us to love and reverence.
'Even now you can undo all that has been misdone, since the continual
expectation of favours to come, makes perseverance in affection
easy[706]. Therefore, soliciting your Clemency with all due respect,
we inform you that we have appointed A and B our ambassadors to the
Wisdom of your Serenity, that you may, according to your custom, duly
weigh all these considerations, that the two Republics may persevere
in restored harmony, and that all which hath been settled in past
times by Sovereigns of blessed memory may, by God's help, be increased
and made more prosperous under your dominion.
'The rest of their commission will be more fully explained to your
Serenity by the aforesaid ambassadors.' |
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10 - 33 KING WITIGIS TO THE MASTER OF THE OFFICES [AT CONSTANTINOPLE]: Embassy to Constantinople.
| 'In sending our two ambassadors to the most serene Emperor, it is
fitting also to send letters of salutation[707] to your Greatness. May
your prudence support our reasonable requests with the Emperor. You
can easily correct those things [the war against the Gothic people]
which you ought never to have allowed to take place; and all things
can now be arranged in the most friendly manner, since a
reconciliation between men who have fought out their quarrel is often
the surest ground of friendship. An unknown man might possibly have
been shunned by you; but I, who have seen the magnificence of your
Republic, who have known the hearts of so many of your noble
statesmen, have no desire to quarrel with your most pious Emperor, if
he will only cherish thoughts of justice towards me. If another
[Theodahad] deserved the anger of the Emperor, I ought to be looked
upon with the highest favour, who have executed vengeance on that
hateful predecessor. I have carried your intentions into effect, and
therefore I deserve reward, not punishment. Let all hatred be buried
in the grave of the sinner; and even if you think nothing of our
deservings, think of the liberty of the Romans, which is everywhere
suffering amid the clash of arms. A few words to a man of your wisdom
are sufficient.'
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10 - 34 KING WITIGIS TO HIS BISHOPS: The same subject.
| 'If we owe honour to Priests even when unknown to us, how much more so
to you whom we have seen and spoken to, and with whom we have had
frequent and familiar intercourse.
'By the ambassadors who are bearing our letters to the most serene
Emperor we send a message of reverence to your Holiness, hoping that
you will pray for us and set them forward on their journey with all
necessary assistance, since you are bound to wish well to those whom
you know to be united to you by the ties of religion.' |
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11 - Preface
| 'The necessity for a Preface often arises from some contrariety in an
Author's position which prevents him from writing as he would wish to
write. It is admitted that it is not fair to expect the same degree of
excellence from a busy man which we may reasonably look for in a man
of leisure. But a man in high official position cannot be a man of
leisure. It would be the highest disgrace to him if he were, since
even his so-called privy-chamber[708] resounds with the noise of
clamorous litigants.
'I can well understand that a man of few occupations will object
against me, here that a word has been thrown out with ill-considered
haste, there that a commonplace sentiment has not been dressed up in
sufficiently ornamental language, or there that I have not complied
with the rules of the Ancients by making my persons speak "in
character." But the busy man, hurried from one cause to another, and
constantly under the necessity of dictating to one man and replying to
another, will not make these objections, because the consciousness of
his own literary perils will make him tender in his judgments. And yet
there is something even in the pressure of business which sometimes
promotes briskness of mind, since the art of speaking is one which is
placed very much in our own power[709].
'If anyone objects that I, placed in the height of the Praetorian
dignity, should have dictated so few decisions of a legal kind, let
him know that this was the result of my associating with myself that
most prudent man Felix[710], whose advice I have followed in every
case. He is a man of absolute purity of character, of surpassing
knowledge of the law, of distinguished accuracy of speech; a young man
with the gravity of age, a sweet pleader, a measured orator; one who
by his graceful discharge of his official duties has earned the
favourable opinion of the public.
'Had it not been for his help, overwhelmed by so great a multitude of
causes, I must either have been found unequal to the burden, or else
perchance have seemed arrogant [in my disregard of previously settled
decisions]. But, what was more important still, relieved by his
labours from this duty, I was able to give such attention to the
higher affairs of the State, that I could not fail to win approbation
even in those arduous duties.
'I have therefore subjoined two books, in which I myself speak in my
capacity as Praefect, to the ten in which I have spoken by the mouth
of the King; for it seemed absurd to me to be silent in my
newly-acquired dignity, who had so often spoken on behalf of others.
'Then, after these twelve books had been brought to their long-desired
end, my friends compelled me to discuss the substance and the powers
of the Soul, that I might say something _about_ that faculty
_through_ which I had already said so much[711].
'Now then, learned men! view these letters with indulgence. If there
be no eloquence in them, attribute it to my many occupations, which
have prevented my reading as much as I would gladly have done. Cicero,
that fountain of eloquence, when he was one day asked to speak,
excused himself on the ground that he had read nothing the day before.
The barn must be constantly refilled if it is not to become empty. All
that is good in our minds is the fruit of study, and soon withers if
it be separated from reading, which is the parent stem. Great
indulgence therefore should be shown to us if we have often had to
write when we were busy, to be read by others when we had no leisure
to read, ourselves. And now enough of excuses, lest too elaborate a
defence should rather injure our cause.' |
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11 - 1 SENATOR, PRAETORIAN PRAEFECT, TO THE SENATE OF THE CITY OF ROME (A.D. 534): Cassiodorus on his promotion to the Praefecture.
| 'If I can only be sure that my advancement is acceptable to you,
Conscript Fathers, I shall not doubt of its being approved by God and
popular with all good men.
'It is in the nature of things to love a colleague, and you are in
fact exalting your own honour when you approve of a dignity given to a
_Senator_[713].
'After our Sovereigns there is none to whom I so much desire to
commend myself as you. To me honour will ever be the sole test of
advantage. Justice, like a handmaid, will wait upon my actions; and
the power, which I have not myself bought from our virtuous Sovereign,
I in my turn shall sell to no man. You have heard, noble Sirs, the
panegyrics[714] passed upon me at my entrance into office. These
praises I will not dare to call false, but I will say that they lay
upon me a heavy responsibility to show that they are not unmerited.
'Happy fortune of our time in which, while the Sovereign himself takes
holiday, the love of his mother rules and covers us all with the robe
of her universal charity! Happy for the young Ruler, who in this
difficult position learns first to triumph over his impetuous
impulses, and attains in the springtime of his life that self-control
which hoary age with difficulty acquires!
'As for the Mother whom he so dutifully obeys, her most fittingly do
all kingdoms venerate, whom to behold is to adore, to listen to is to
witness a miracle. Of what language is she not a perfect mistress? She
is skilled in the niceties of Attic eloquence; she shines in the
majesty of Roman speech; she glories in the wealth of the language of
her fathers. She is equally marvellous in all these, and in each the
orator in his own especial tongue feels himself surpassed by her. A
great safeguard and a great excellence is this in the ruler of so many
nationalities. None needs an interpreter with his accomplished
mistress. No ambassador need wait, or hear his words slowly filtered
through the mind of a go-between. Everyone feels that his own words
are listened to, and receives his answer from her lips in the language
of his forefathers.
'To these accomplishments, as a splendid diadem, is added that
priceless knowledge of Literature, by which the treasures of ancient
learning are appropriated, and the dignity of the throne is ever
enhanced.
'Yet, while she rejoices in such perfect mastery of language, on
public occasions she is so taciturn that she might be supposed to be
indolent. With a few words she unties the knots of entangled
litigations, she calmly arranges hot disputes, she silently promotes
the public welfare. You do not hear her announce beforehand what will
be her course of action in public; but with marvellous skill she
attains, by feigning, those points which she knows require to be
rapidly gained[715].
'What case like this can be produced from the annals of revered
Antiquity? Placidia's care for her purple-clad son has often been
celebrated; but by Placidia's lax administration of the Empire its
boundaries were unbecomingly retrenched. She gained for him a wife and
for herself a daughter-in-law[716] by the loss of Illyricum; and thus
the union of Sovereigns was bought by a lamentable division of the
Provinces[717]. The discipline of the soldiers was relaxed by too long
peace; and, in short, Valentinian, under the guardianship of his
mother, lost more than he could have done if he had been a helpless
orphan.
[Footnote 717: 'Nurum denique sibi amissione Illyrici comparavit:
factaque est conjunctio Regnantis, divisio dolenda provinciis.' On
this alleged loss of Illyricum by the Western Empire, see Gibbon, cap.
xxxiii. note 6. One may doubt, however, whether Cassiodorus has been
correctly informed concerning it. Noricum and Pannonia at the time of
Valentinian's marriage must have been entirely in the possession of
the Huns; and on the dissolution of their monarchy Noricum at any rate
seems to be connected with the Western rather than the Eastern Empire.
As for Dalmatia, or the _Province_ (as distinct from the
_Praefecture_) of Illyricum, the retirement thither of the Emperor
Nepos in 475, and the previous history of his uncle Marcellinus, point
towards the conclusion that this Province was then considered as
belonging _de jure_ to the Caesar of Rome rather than to him of
Constantinople.]
'But under this Lady, who can count as many Kings as ancestors in her
pedigree, our army by Divine help is a terror to foreign nations.
Being kept in a prudent equipoise it is neither worn away by continual
fighting nor enervated by unbroken peace. In the very beginnings of
the reign, when a new ruler's precarious power is apt to be most
assailed, contrary to the wish of the Eastern Emperor she made the
Danube a Roman stream. Well known is all that the invaders suffered,
of which I therefore omit further mention, that the shame of defeat
may not be too closely associated with the thought of the Emperor, our
ally. Still, what he thought of your part of the Empire is clear from
this, that he conceded to our attack that peace which he has refused
to the abject entreaties of others. Add this fact, that though we have
rarely sought him he has honoured us with so many embassies, and that
thus his unique majesty has bowed down the stately head of the Orient
to exalt the lords of Italy[718].
'The Franks also, overmighty by their victories over so many barbarous
tribes--by what a great expedition were they harassed! Attacked, they
dreaded a contest with our soldiers; they who had leaped unawares upon
so many nations and forced them into battle. But though that haughty
race declined the offered conflict, they could not prevent the death
of their own King. For Theodoric[719], he who had so often availed
himself of the name of our glorious King as an occasion for triumph,
now fell vanquished in the struggle with disease--a stroke of Divine
Providence surely, to prevent us from staining ourselves with the
blood of our kindred, and yet to grant some revenge to the army which
had been justly called out to war. Hail! thou Gothic array, happy
above all other happiness, who strikest at the life of a Royal foe,
yet leavest us not the poorer by the life of one of the least of our
soldiers[720].
'The Burgundian too, in order to receive his own again, crouched in
devotion, giving up his whole self that he might receive a trifle. For
he chose to obey with unimpaired territories, rather than to resist
with these cut short; and thus, by laying aside his arms, he most
effectually defended his kingdom, recovering by his prayers what he
had lost by the sword[721].
'Happy Princess, whose enemies either fall by the hand of God, or else
by your bounty are united with your Empire! Rejoice, Goths and Romans
alike, and hail this marvel, a being who unites the excellences of
both the sexes! As woman she has given birth to your illustrious King,
while with manly fortitude of mind she has maintained the bounds of
your Empire.
'And now, if leaving the realm of war we enter the inner courts of her
moral goodness, a hundred tongues will not suffice to sound forth all
her praises. Her justice is as great as her goodwill, but even greater
is her kindness than her power. You, Senators, know the heavenly
goodness which she has shown to your order, restoring those who had
met with affliction to a higher state than that from which they had
fallen[722], and exalting to honour those who were still uninjured.
'Look at the case of the Patrician Liberius[723], Praefect of the
Gauls--a man of charming manners, of distinguished merit, a soldier
with honourable scars--who even while absent in his Praefecture has
received the _fasces_ and a patrimony from her.
'What can I say of her strength of mind and tenacity of purpose, in
which she excels even philosophers? I speak of this from my own
experience. You know, oh Conscript Fathers, what influences were
arrayed against me[724]. Neither gold nor the prayers of great men
availed: all things were tried, and tried in vain, to prove the
glorious constancy of that wisest Lady.
'And here the rules of rhetoric would require me to compare her with a
long line of Empresses in the past. But if men cannot vie with her
glory, what is the use of adducing female examples? If we look at the
Royal Cohort of her ancestors, we shall see that she, like a pure
mirror, reflects all their excellences. For Amal[725] was conspicuous
for his good fortune, Ostrogotha for his patience, Athal for mildness,
Munitarius [Winithar] for justice, Unimund for beauty, Thorismuth for
chastity, Unalamer [Walamir] for faith, Theudimer for warmth of
heart[726], and Theodoric, the renowned father of Amalasuentha, as ye
have all seen, for patience. Each of these would recognise in her his
own special attribute, but all would acknowledge that in these very
attributes they are excelled by her.
'You will now perhaps expect me to praise our young King, but in
extolling the author of his being, I have abundantly extolled him, her
offspring. You will remember that excellent saying of the eloquent
Symmachus, "I hesitate to praise the beginning of his career because I
am confidently hoping for his advance in virtue[727]." Come to my
help, Conscript Fathers, and render to your Lords and mine your united
thanks for my promotion.' |
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11 - 2 SENATOR, PRAETORIAN PRAEFECT, TO POPE JOHN: Salutations to the Pope.
| 'Your prayers are assuredly the cause of our promotion. Your fastings
have procured plenty for the citizens. Saluting you therefore with all
due reverence, we pray you to continue your prayers for long life to
our rulers, for peace and plenty to the State, and for an increase of
heavenly wisdom to me. Let the Judge in public life be such as the
Catholic Church has trained her son to be. I am indeed a Judge of the
Palace, but I shall not cease to be your disciple[729]. Cast not off
upon me the whole care of this City, which you watch over with a
father's love, but take thought both for its bodily and spiritual
wants, and admonish me whenever you think I am erring. Your See is an
object of admiration through all lands, and your charity is
world-wide; but yet you have also an especial, local love for the
sheep of your own flock.
'Rome has in her own borders those shrines of martyrdom[730] of the
Apostles [Peter and Paul] which the whole world longs to behold. With
such patrons, if only your prayers ascend, we need fear no evil.' |
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11 - 3 SENATOR, PRAETORIAN PRAEFECT, TO DIVERS BISHOPS: Salutations to the Bishops.
| 'Fathers after the flesh delight in the advancement of their sons.
Even so do ye, my spiritual fathers, diligently pray to the Holy
Trinity that He may make my candle to give light to all that are in
the house; yea, and that He may so purge and enlighten mine own
conscience that I may not, while an accurate Judge over other men, be
a deceiver of mine own self.
'I beg of you to declare a fast, and supplicate the Lord that He will
prolong the life of our Sovereigns[731], for the happiness of the
realm; that He will defend our State from the assaults of its enemies,
will give us all tranquillity in our time, and will deign to make me
worthy of your love.
'Watch narrowly the acts of the subordinates whom I send among you,
and inform me of anything which they do amiss. I cannot be held
responsible for deeds of which I know nothing. And if they take bribes
they at least cannot justify themselves by saying that they have first
had to pay money for their offices.
'Continue to afford your wonted solace to the widow and orphan; yet
beware that your pity does not lead you to seek to set aside the laws
even for these. Oh, most holy men, banish to the home of all other
unclean spirits violence, avarice, hatred, rapine; and root out from
among your people luxury, which is the depopulator of the human race.
Let the Bishop teach, that the Judge may have a maiden assize[732]. If
only your preaching he continued, the penal course of law must
necessarily come to an end.
'I therefore commend my dignity to your prayers, and end my letter
with a salutation of love and honour to your Holinesses.' |
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11 - 4 SENATOR, PRAETORIAN PRAEFECT, TO HIS DEPUTY AMBROSIUS, AN ILLUSTRIS: Functions of the Praefect's Deputy..
| 'We have formed a high opinion of you from long observation of your
career as an Advocate, and feel sure that you will justify that
opinion by your conduct in the office to which we are now calling you.
The Forum has long resounded to your eloquence: now your turn is come
to sit upon the magistrate's bench. Hitherto you have assisted the
officers of the court: now you are yourself called upon to play the
part of a Judge. Even when you are absent from me, you will be deemed
to be sitting by my side; but whatever credit you may earn when
hearing a case by yourself will be reckoned to you alone.
'We therefore ordain that the official staff which waits upon our
orders shall be at your disposal, to carry your decisions into effect,
and to see that none treat them with contempt.
'If you shall think it necessary to hand over any [insolvent] persons
to those who have become security for them, assume that right with
confidence, because that will most effectually relieve my mind when I
shall learn that this matter has been finally disposed of by you[734].
For if I were present you might give me words only; but now in my
absence you owe me, rather, deeds.
'Think, then, of all that is involved in your high office. Let your
toil procure me rest from all men. Avoid the rocks on either side of
you. These warnings come rather from my over-particularity[735] than
from any distrust of you, for I believe that with God's help you will
order all things as shall be best for our fame and for the Republic.' |
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11 - 5 THE SAME TO THE SAME: Grain distributions for Rome.
| 'I am sure that you will rejoice with me if the needs of the Roman
people can be satisfied by our means, and thus we can testify our
gratitude for the hospitality which we have both received from that
City. To this end have we endured the discomforts of travel, for this
purpose have we racked our brains with anxious thought, that that
people, which tasted such delights of old in the happy days of its
former rulers, may now see its necessities relieved and again enjoy
its former prosperity.
'Their poverty and hunger we make our own. Therefore, with all speed,
let stores of grain in good condition be at once collected, so that
the bread cooked therefrom may be a delight and not a horror. Let just
weight be given. Flee all thought of unholy profit from this source.
My own soul is wounded if anyone dares to transgress in this matter of
the food-supply of the people. Not favour nor popular applause is my
aim; but to be permitted, by God's help, to accomplish my own heart's
desire.
'I love all my fellow-countrymen, but the Roman citizens deserve more
than ordinary love from me. Theirs is a City adorned with so many
illustrious Senators, blest with such a noble commonalty, a City so
well fitted to celebrate the victories of our glorious rulers. When
the question of my promotion hung in suspense, it was the good wishes
of these citizens which turned the scale in my favour with the lords
of the world[736], who complied with the universal desire of the Roman
people. Come, then; so act that this goodwill of theirs to me may
continue. Let us all beseech the mercy of the Most High to bless us
with an abundant harvest; and let us resolve that, if we are thus
favoured, no negligence of ours shall diminish, no venality divert
from its proper recipients, the bounty of Heaven[737].' |
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11 - 6 SENATOR, PRAETORIAN PRAEFECT, TO JOANNES, CANCELLARIUS: Functions of the Cancellarius.
| 'Your rare merit causes you to enjoy a position beyond that which of
right belongs to you in the official hierarchy[738]. Those who are
above you cheerfully manifest to you a deference which you might be
required to show to them; and thus you, while keeping your inferiors
in their proper place, take without presumption precedence of many of
your superiors.
'This laudable prejudice has assigned to you, from the twelfth
Indiction[739], the dignity of Cancellarius[740].
'Guard then the secrets of our Consistory with incorruptible fidelity.
Through your intervention the petitioner for justice has to approach
me. On your acts depends in great measure the opinion which men shall
form of me; for as a house is judged by its front towards the street,
and men by the trimness or shabbiness of their raiment, so are we high
officials judged by the demeanour of our subordinates who represent us
to the crowd. Therefore, if such officials do anything which redounds
to their master's dishonour, they put themselves altogether outside
the pale of his clemency.
'Remember your title, _Cancellarius_. Ensconced behind the
lattice-work (cancelli) of your compartment, keeping guard behind
those windowed doors, however studiously you may conceal yourself, it
is inevitable that you be the observed of all observers[741]. If you
step forth, _my_ glances range all over you: if you return to your
shelter, the eyes of the litigants are upon you. This is where
Antiquity ruled that you should be placed, in order that your actions
should be visible to all.
'Attend now to this advice which I have given you, and let it not
merely filter through your mind, like water through a pipe, but let it
sink down into your heart, and, safely stored up there, let it
influence the actions of your life.' |
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11 - 7 SENATOR, PRAETORIAN PRAEFECT, TO ALL THE JUDGES OF THE PROVINCES: Duties of the Collectors of Taxes.
| 'It is an excellent thing that the yearly taxes should be regularly
paid. What confidence does the consciousness of this give to the
taxpayer, who can march boldly through the Forum, feeling that he owes
nothing to anybody and need not fear the face of any official! One can
only enjoy an estate if one has no fear of the process-server making
his appearance upon it.
'Therefore, in the Diocese of your Excellency[742], we desire you and
your staff at the beginning of this twelfth Indiction[743], with all
proper gentleness, to impress upon the cultivator of the soil that he
must pay his land-tax[744] and end those long arrears, which were
introduced not for the assistance of the taxpayer, but for the corrupt
profit of the tax-collector. For the officials who in this way
professed to relieve the burdens of the people, really imposed upon
them a heavier and more hateful weight in the shape of douceurs[745]
to themselves.
'Let then this hateful swindling be henceforth banished. Let the
cultivator pay nothing more than his lawful debt to the Treasury, and
let him pay it at the appointed time, thus removing the confusion in
which the slowness of collection has involved our accounts.
'Make up, therefore, the abstracts of accounts[746] at the stated
times, and forward them to the proper bureaux[747], according to old
law and the authority of this present edict; and if you neglect any of
these injunctions, know that you do so at your peril. To quicken your
diligence we have appointed A and B, persons of tried merit in the
past, to supervise the proceedings of yourself and your staff, that
this double check may prevent the possibility of negligence.
'Act then with justice if you wish to receive further promotion. Only
those gains are to be sought for which the cultivator gladly offers
and which the public servant can securely accept. If you take bribes
you will be miserable ever after, through fear of discovery; but if
you act uprightly, you will have in me a willing spectator and
rewarder of your merits. I am most anxious to be your friend; do not
force me against my will to become your enemy.' |
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11 - 8 EDICT PUBLISHED THROUGH THE PROVINCES BY SENATOR, PRAETORIAN PRAEFECT: Edict announcing Cassiodorus' principles of administration.
| 'The custom of the ancients was for a new ruler to promulgate a new
set of laws to his subjects, but now it is sufficient praise to a
conscientious ruler that he adheres to the legislation of Antiquity.
'Do you all study to perform good actions, and shrink from deeds of
lawlessness and sedition, and you will have nothing to fear from your
Governors. I know that some fear, however irrational, is felt in the
presence of the Judge; but as far as my purpose can avail, with the
help of God and the rulers of the State[748], I can promise you that
all things shall be done with justice and moderation.
'Venality, that greatest stain upon a Judge's character, will be
unknown in me; for I should think scorn to sell the words that go out
of my lips, like clothes in the market-place.
'In exercising the right of pre-emption we shall be solely guided by
the wants of the State, buying nothing at a forced price in order to
sell it again[749].
'Be cheerful and of good courage, therefore, with reference to the new
administration. No soldier or civil servant shall harass you for his
own pleasure. No tax-collector shall load you with burdens of his own
imposition. We are determined to keep not only our own hands clean,
but also those of our officials. Otherwise, vainly does a good Judge
guard himself from receiving money, if he leaves to the many under him
licence to receive it on their own account. But we, both by precept
and example, show that we aim at the public good, not at private and
fraudulent gains.
'We know what prayers you put up for us, how anxiously you watched for
our elevation, and we are determined that you shall not be
disappointed. Our Praetorium, which no base action has ever denied,
shall be open to all. No servile throng shall lord it over you. You
shall come straight to us, making your requests known to us through no
hired interpreter, and none shall leave our presence poorer than he
entered it. With God's help we trust we shall so act as to conform to
the instructions which we have received from our Sovereign[750]; and
we trust that you, by your loyalty, will enable us to be rather the
Father of our Provinces than their Judge. You have patiently obeyed
governors who fleeced you; how much more ought you to obey one who, as
you know, loves you mightily! Pay the regular fees to the officials
who are labouring in your midst; for there is no such excuse for
high-handed oppression as the fact that a man is not receiving his
covenanted salary. Obey the rule of reason, and you will not have to
fear the armed man's wrath.
'We wish that you should enjoy the privileges conceded to you by
former rulers without any encroachment by violent men.
'And now be of good heart; I pledge myself for your righteous
government. Had I been present with you face to face, ye could not
have seen my mind; but ye can read it in this letter, which is the
mirror of my heart, the true image of my will, and ye can see that it
desires only your prosperity.' |
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11 - 9 SENATOR, PRAETORIAN PRAEFECT, TO THE JUDGES OF THE PROVINCES: Exhortation to the Judges to govern in conformity with the Edict.
| 'Knowing that past suffering makes men anxious and timid as to the
future, we have put forth an edict [the preceding document] in order
to reassure the minds of the Provincials, and to deliver them from the
torment of ever-present fear.
'Therefore we call upon your Excellency[751] to cause this edict to be
exposed in all the places which are most resorted to. Thus let the
love and devotion of all classes be excited towards our happy
Sovereigns[752], that as our thoughts towards the people are entirely
thoughts of goodwill, so their dispositions towards the rulers who
govern them in righteousness may be only loyal[753].
'Nunquam libertas gratior exstat,
Quam sum _rege pio_.']
'It now rests with you, by your just government of the Provincials, to
carry our promises into effect.
'Remember that the official staff standing by, is a witness of the
acts of every one of you; and so comport yourselves, that both they
and all others may see that you in your own conduct obey the laws
which you administer.
'Be more anxious to remedy the poverty of the Provincials than to
inflict punishment upon them. So act that when you are giving an
account of your stewardship your year of office may be felt to have
been all too short[754]. If you have acted justly, and earned the
goodwill of your Provincials, you will have no need of gifts to stave
off accusations.
'We do not appoint any spies upon your actions, and we pray you so to
act that this most humiliating expedient may not be necessary.
'If you meet with any who pertinaciously set themselves up against the
authority of your _fasces_, send us at once a messenger with your
report; or, if you cannot spare such an one, send the report alone, as
you have authority to use the public postal-service[755]. Thus all
excuse for remissness on your part is taken away, since you can either
wield your power or explain to us the hindrances which beset you.' |
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11 - 10 SENATOR, PRAETORIAN PRAEFECT, TO BEATUS, VIR CLARISSIMUS AND CANCELLARIUS: Davus is invalided to the Mons Lactarius.
| 'Our lord the King[756] (whose prayer it is that he may ever rejoice
in the welfare of all his subjects), when he reflected upon the
impaired health of his servant Davus[757], ordered him to seek to the
healing properties of the Mons Lactarius[758], for the cure which
medical aid seemed powerless to bestow. A frequent cough resounded
from his panting chest, his limbs were becoming emaciated, and the
food which he took seemed to have lost all power to nourish his frame.
Persons in this state can neither feed nor endure to fast, and their
bodies seem like leaky casks, from which all strength must soon
dribble away.
'As an antidote to this cruel malady Heaven has given us the Mons
Lactarius, where the salubrious air working together with the fatness
of the soil has produced a herbage of extraordinary sweetness. The
cows which are fed on this herbage give a milk which seems to be the
only remedy for consumptive patients who have been quite given over by
their physicians. As sleep refreshes the weary limbs of toil, so does
this milk fill up the wasted limbs and restore the vanished strength.
Strange is it to see the herds feeding on this abundant pasture. They
look as if it did not profit them at all. Thin and scraggy, as they
wander through the thickets they look like the patients who seek their
aid; yet their milk is so thick that it sticks to the milker's
fingers.
'Do you therefore supply the invalid when he arrives, with the
appointed rations and pecuniary allowance, that he may be suitably
maintained in that place while he is recreating his exhausted energies
with the food of infancy.
'And, oh! all ye who are suffering under the like grievous malady,
lift up your hearts. There is hope for you. By no bitter antidote, but
by a delicious draught, you shall imbibe life--life, in itself the
sweetest of all things.' |
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11 - 11 EDICT CONCERNING PRICES TO BE MAINTAINED AT RAVENNA: Prices at Ravenna.
| 'The price at which provisions are sold ought to follow, in a
reasonable way, the circumstances of the times, that there may be
neither cheapness in a dear season, nor dearness in a cheap one, and
that the grumblings of both buyers and sellers may be avoided, by
fairness being observed towards both.
'Therefore, after careful consideration, we have fixed in the
subjoined schedule the prices of the various articles of produce,
which prices are to remain free from all ambiguity.
'If any vendor does not observe the prices named in the present edict,
he will be liable to a fine of six solidi (£3 12s.) for each violation
of the law, and may be visited by corporal punishment[759].' |
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11 - 12 EDICT CONCERNING PRICES ALONG THE FLAMINIAN WAY: Prices per Viam Flaminiam.
| 'If prices need to be fixed for the leisurely inhabitant of a town,
much more for the traveller, whose journey may otherwise become a
burden instead of a pleasure. Let strangers therefore find that they
are entertained by you at fixed prices. To fawn upon them with feigned
politeness and then terrify them with enormous charges is the act of
a highway robber. Do you not know how much better moderate prices
would suit your own purpose? Travellers would gladly flock to your
accommodation-houses[760] if they found that you treated them fairly.
'Let no one think that because he is a long way off, his extortion
will escape notice, for people are arriving here every day with tales
of your rapacity.
'An official despatched for the purpose will, after deliberation with
the citizens and Bishops of each place, decide what prices are to be
charged there; and then whosoever dares to ask higher prices will have
to pay a fine of six solidi (£3 12s.) and will be afflicted by the
laceration of his body.
'Honest gains at the expense of your fellow-citizens ought to suffice
for all of you. One would think that the highways were beset with
brigands.' |
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11 - 13 THE SENATE OF THE CITY OF ROME TO THE EMPEROR JUSTINIAN: Supplications of the Senate to Justinian.
| 'It seems a right and proper thing that we should address our prayers
for the safety of the Roman Republic to a dutiful Sovereign[761], who
can only desire what will benefit our freedom. We therefore beseech
you, most clement Emperor, and from the bosom of the Curia we stretch
forth our two hands to you in prayer, that you will grant a most
enduring peace to our King. Spurn not us, who ever seemed certain of
your love. It is in truth the Roman name that you are commending, if
you grant gracious terms to our lords. May your league with them
assure the peace of Italy; and if our prayers be not sufficient to
accomplish this thing, imagine that you hear our country break forth
with these words of supplication: "If ever I was acceptable to thee,
love, oh most dutiful Sovereign, love my defenders! They who rule me
ought to be in harmony with thee, lest otherwise they begin to do such
deeds towards me as thou least of all men wouldest desire. Be not to
me a cause of death, thou who hast ever ministered unto me the joys of
life. Lo, while at peace with thee I have doubled the number of my
children, I have been decked with the glory of my citizens. If thou
sufferest me to be wounded, where is thy dutiful name of Son? What
couldest even thou do more for me [than these rulers], seeing that my
religion and thine thus flourish under their rule?
'"My Senate grows in honour and is incessantly increasing in wealth.
Do not dissipate in quarrels what thou oughtest rather to defend with
the sword. I have had many Kings; but none so trained in letters as
this one. I have had foreseeing statesmen, but none so powerful in
learning and religion. I love the Amal, bred up as he has been at my
knees, a strong man, one who has been formed by my conversation, dear
to the Romans by his prudence, venerable to the nations by his valour.
Join rather thy prayers to his; share with him thy counsels: so that
any prosperity which I may earn may redound to thy glory. Do not woo
me in the only fashion in which I may not be won. Thine am I already
in love, if thou sendest none of thy soldiers to lacerate my limbs.
For if Africa has deserved through thee to recover freedom, it were
hard that I should from the same hand lose that freedom which I have
ever possessed. Control the emotions of anger, oh illustrious
conqueror! The claims urged upon thee by the general voice of the
people ought to outweigh the offence which the ingratitude of any
private individual may have occasioned to thy heart."
'Thus Rome speaks while, through her Senators, she makes supplications
to you. And if that be not enough, let the sacred petition of the
blessed Apostles Peter and Paul be also taken into your account. For
surely they, who are proved to have so often defended the peace of
Rome from her enemies, deserve that your Sovereignty should yield
everything to their merits. The venerable man, our most pious King's
ambassador to your Clemency, will further set forth our prayers.' |
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11 - 14 SENATOR, PRAETORIAN PRAEFECT, TO GAUDIOSUS, CANCELLARIUS OF THE PROVINCE OF LIGURIA: Praises of Como. Relief of its inhabitants.
| 'The City of Como[762] is visited by so many travellers that the
cultivators of the soil declare that they are quite worn out with
requisitions for post-horses[763]. Wherefore we direct that by Royal
indulgence they be favoured in this matter[764], that this city, so
beautifully situated, do not become a solitude for want of
inhabitants.
'Como, with its precipitous mountains and its vast expanse of lake,
seems placed there for the defence of the Province of Liguria; and
yet, again, it is so beautiful that one would think it was created for
pleasure only. To the south lies a fertile plain with easy roads for
the transport of provisions; on the north a lake sixty miles long,
abounding in fish, soothing the mind with delicious recreation.
'Rightly is it called _Como_, because it is adorned (compta) with such
gifts. The lake lies in a shell-like valley, with white margins. Above
rises a diadem of lofty mountains, their slopes studded with bright
villas[765], a girdle of olives below, vineyards above, while a crest
of thick chestnut-woods adorns the very summit of the hills. Streams
of snowy clearness dash from the hill-sides into the lake. On the
eastern side these unite to form the river Addua, so called because it
contains the _added_ volume of two streams. It plunges into the lake
with such force that it keeps its own colour[766] (dark among the
whiter waters) and its own name far along the northern shore[767], a
phenomenon often seen with rivers flowing into the ocean, but surely
marvellous with one flowing into an inland lake. And so swift is its
course as it moves through the alien waves, that you might fancy it a
river flowing over the solid plains.
'So delightful a region makes men delicate and averse to labour.
Therefore the inhabitants deserve especial consideration, and for this
reason we wish them to enjoy perpetually the royal bounty.' |
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11 - 15 SENATOR, PRAETORIAN PRAEFECT, TO THE LIGURIANS: Relief of the necessities of Liguria.
| 'It is the privilege of a King to increase the happiness of his
subjects. Not to postpone your joy by too long a preface, I will come
to the point at once, and inform you that our most glorious Lords,
taking the necessities of their loyal Liguria into account, have sent
100 lbs. of gold [£4,000] by the hands of A and B, officers of the
Royal Bedchamber. _You_ are to say how the money is to be spent,
indicating the persons who are in the greatest necessity; but as we
are informed that the city of Asti has been more heavily weighted than
others, it is our wish that it should be chiefly helped by this
disbursement. Now, do you who are tributaries, reflect upon the
clemency of your lords, who are inverting the usual order of things,
and paying out to you from the Treasury what they are accustomed to
receive. Let us know at once how much you think each taxpayer ought
to receive, that we may deduct it from his first instalment of
land-tax.
'And put up your prayers for your most affectionate Sovereigns, that
they may receive back again from Heaven the favour which they are
conferring on you.' |
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11 - 16 SENATOR, PRAETORIAN PRAEFECT, TO THE LIGURIANS: Oppressions practised on the Ligurians to be remedied.
| 'In thanking me so earnestly for a recent benefit [probably the
present mentioned in the preceding letter] you invited me to further
favours, and the implied promise which I then gave you I now fulfil.
'You complain that you are burdened with unjust weights and measures,
and I therefore declare that this iniquity shall cease, and that no
tax-collector or tithe-collector[769], shall dare to use too long a
measure or too heavy a weight [in the collection of the King's
revenue].
'Also that their accounts shall be promptly balanced, and that any
overcharge that may be detected shall be at once repaid.
'Now then, your minds being freed from anxiety on this score, turn
your attention to the supply of the wants of our most flourishing
army, and show your zeal for the public good, since we have satisfied
you that it is not for private and fraudulent gains that you are to
pay your contributions.' |
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11 - 17 ON THE PROMOTIONS IN THE OFFICIAL STAFF OF THE PRAETORIAN PRAEFECT, MADE ON CHRISTMAS DAY: Promotions in Officium of Praefectus Praetorio.
| 'On this day of general rejoicing, when by the kindness of Heaven the
way of salvation was opened to all mankind, we wish that the members
of our staff should also be glad. For to rejoice, ourselves, when
those around us are mourning, is a kind of sacrilege. Hence some
philosophers have held that the whole human race is one being, the
various members of which are constrained to share one another's
feelings of joy or sadness. Therefore let every official in our staff
according to his grade[771] get promotion on this day, not only rising
himself, but creating a vacancy which enables those below him to rise
also.'
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11 - 18 CORNICULARIUS
| Antianus, who is vacating the office of CORNICULARIUS,
receives the rank of _Spectabilis_, and has a place assigned him among
the Tribuni and Notarii, where he may 'adore the presence of his
Sovereign[772]'. |
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11 - 19 CORNICULARIUS
| the successor of Antianus in the office of CORNICULARIUS
receives his appointment. |
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11 - 20 PRIMISCRINIUS
| the retiring PRIMISCRINIUS also receives the rank of
_Spectabilis_, and takes his place among the Tribuni and Notarii, 'to
adore the Purple of Royalty.' |
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11 - 21 PRIMISCRINIUS
| Andreas is rewarded for his faithful service on the
Praetorian staff[773], by being promoted to the office of
PRIMISCRINIUS. |
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11 - 22 SCRINIARIUS ACTORUM.
| Catellus, who stands next in grade for this
promotion[774], obtains the post of SCRINIARIUS ACTORUM. |
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11 - 23 0
| Constantinian, to whose virtues Cassiodorus himself bears
witness, receives the charge of letters relating to the collection of
Land-Tax. |
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11 - 26 Sixth Schola
| Justus obtains a place as member of the Sixth Schola |
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11 - 27 Cancellarius
| Joannes, whom we saw in the Sixth Letter of this Book
entrusted with the duties of Cancellarius, is rewarded for his
faithful discharge of those duties by receiving the place of
PRAEROGATIVARIUS. |
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11 - 28 COMMENTARIENSIS
| Cheliodorus[777] is appointed to the place of
COMMENTARIENSIS (Magistrates' clerk). |
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11 - 29 REGERENDARIUS
| Cart(h)erius is promoted to the office of REGERENDARIUS
(Secretary of the Post-Office), in the hope that this promotion will
render him yet more earnest in the discharge of his Praetorian
labours. |
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11 - 30 PRIMICERIUS DEPUTATORUM
| Ursus is appointed PRIMICERIUS DEPUTATORUM, and Beatus
(probably the Cancellarius addressed in Letter 10) is made PRIMICERIUS
AUGUSTALIUM. |
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11 - 31 PRIMICERIUS SINGULARIORUM
| Urbicus, on vacating the post of PRIMICERIUS
SINGULARIORUM (Chief of the King's Messengers), is placed among the
Body-guards (Domestici et Protectores), where he may adore the Royal
Purple, that, being made illustrious by gazing on the Sovereign, he
may rejoice in his liberation from official harassment. |
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11 - 33 Delegatoria_
| Cassiodorus, expanding the proverb 'Bis dat qui cito
dat,' agrees that the _Delegatoria_[778] (or Delegatiorius), the
letter conferring on the receiver the right to receive the increase of
rations due to his promotion, should not be long delayed. |
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11 - 34 Cornicularius
| Antianus, the retired Cornicularius of Letter 18,
receives a somewhat evasive answer to a petition which apparently
affected the rights of those below him in the official hierarchy. |
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11 - 35 AGENTES IN REBUS
we have an example of the _Delegatoria_ alluded to in
Letter 33. It is concerned with a PRINCEPS, apparently the Princeps of
the AGENTES IN REBUS; and, after extolling the zeal and alacrity of
those officers, who are constantly intent on enforcing obedience to
the Imperial decrees and reverence for the authority of the Praetorian
Praefect, he observes that it would be impiety to delay the reward of
such labour.
'Therefore let your Experience[780] pay, out of the third instalment
of land-tax[781] from such and such a Province, those monies which the
wisdom of Antiquity directed should be paid to the Princeps
Augustorum[782]. Let this be done at once to those who are chargeable
on the accounts of the thirteenth Indiction (Sept. 1, 534--Sept. 1,
535). Let there be no venal delays. Behave to the out-going public
servant as you would wish that others should behave to you on your
retirement from office. All men should honour the veteran, but
especially they who are still toiling in the public service.' |
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11 - 36 INCE OF SAMNIUM: The retirement of a Cornicularius on a superannuation allowance justified on astronomical grounds.
| 'As all things else come to an end, so it is right that the laborious
life of a civil servant should have its appointed term.
'The heavenly bodies have their prescribed time in which to complete
their journeyings. Saturn in thirty years wanders over his appointed
portion of space. Jupiter in twelve years finishes the survey of his
kingdom. Mars, with fiery rapidity, completes his course in eighteen
months. The Sun in one year goes through all the signs of the Zodiac.
Venus accomplishes her circuit in fifteen months; the rapid Mercury in
thirteen months. The Moon, peculiar in her nearer neighbourhood,
traverses in thirty days the space which it takes the Sun a year to
journey over[783].
'All these bodies, which, as philosophers say, shall only perish with
the world, have an appointed end to their journeyings. But they
complete their course that they may begin it again: the human race
serves that it may rest from its ended labours. Therefore, since the
Cornicularius in my Court has completed his term of office, you are to
pay him without any deduction this 1st September 700 solidi (£420)
from the revenues of the Province of Samnium, taking them out of the
third instalment of land-tax[784]. He commanded the wings of the army
of the Praefect's assistants, from whence he derived his name[785].
When he handed us the inkstand, we wrote, unbribed, those decrees
which men would have paid a great price to obtain[786]. We gratified
him whom the laws favoured, we frowned on him who had not justice on
his side. No litigant had cause to regret his success, since it came
to him unbought. You know all this that we are saying to be true, for
our business was all transacted in the office, not in the bedchamber.
What we did, the whole troop of civil servants knew[787]. We were
private persons in our power of harming, Judges in our power of doing
good. Our words might be stern, our deeds were kindly. We frowned
though mollified; we threatened though intending no evil; and we
struck terror that we might not have to strike. You have had in me, as
you were wont to say, a most clean-handed Judge: I shall leave behind
in you my most uncorrupted witnesses.' |
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11 - 37 SENATOR, PRAETORIAN PRAEFECT, TO THE CLARISSIMUS LUCINUS, CANCELLARIUS OF CAMPANIA: Payment of retiring Primiscrinius.
| 'It was well ordered by Antiquity that the servants of the Public
should receive a due reward for their labours; and who of all these
are more deserving than the officers of the Praetorian Praefect
(Praetoriani). Theirs is the difficult task of waiting on the
necessities of the army. They must demand accounts, often minute and
intricate, from great officers whom they dare not offend. They must
collect the stores of food for the Roman people from the Provincials
without giving them cause for complaint[788]. Their acts constitute
our true glory; and in the formation of their characters, work, hard
work, that stern and anxious pedagogue[789], is better than all
literary or philosophic training.
'Such men ought assuredly to receive their stipulated rewards; and
therefore we order you to pay regularly so many solidi of the third
instalment, from the land-tax of the Province of Campania[790], to
such and such a person, who has now just completed his term of service
as Primiscrinius.' |
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11 - 38 SENATOR, PRAETORIAN PRAEFECT, TO JOANNES, CANONICARIUS OF THUSCIA: Praises of paper.
| 'Rightly did Antiquity ordain that a large store of paper should be
laid in by our Bureaux (Scrinia), that litigants might receive the
decision of the Judge clearly written, without delay, and without
avaricious and impudent charges for the paper which bore it[792].
'A wonderful product in truth is this wherewith ingenious Memphis has
supplied all the offices in the world. The plants of Nile arise, a
wood without leaves or branches, a harvest of the waters, the fair
tresses of the marshes, plants full of emptiness, spongy, thirsty,
having all their strength in their outer rind, tall and light, the
fairest fruit of a foul inundation.
'Before Paper was discovered, all the sayings of the wise, all the
thoughts of the ancients, were in danger of perishing. Who could write
fluently or pleasantly on the rough bark of trees, though it is from
that practice that we call a book _Liber_? While the scribe was
laboriously cutting his letters on the sordid material, his very
thought grew cold: a rude contrivance assuredly, and only fit for the
beginnings of the world.
'Then was paper discovered, and therewith was eloquence made possible.
Paper, so smooth and so continuous, the snowy entrails of a green
herb; paper which can be spread out to such a vast extent, and yet be
folded up into such a little space; paper, on whose white expanse the
black characters look beautiful; paper which keeps the sweet harvest
of the mind, and restores it to the reader whenever he chooses to
consult it; paper which is the faithful witness of all human actions,
eloquent of the past, a sworn foe to oblivion.
'Therefore for this thirteenth Indiction[793] pay so many solidi from
the land-tax of the Tuscan Province to our Bureau, that it may be able
to keep in perpetuity a faithful record of all its transactions.' |
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11 - 39 SENATOR, PRAETORIAN PRAEFECT, TO THE CLARISSIMUS VITALIAN, CANCELLARIUS OF LUCANIA AND BRUTTII: Payment by Province of Bruttii of commuted cattle-tax.
| 'The vast numbers of the Roman people in old time are evidenced by the
extensive Provinces from which their food supply was drawn, as well as
by the wide circuit of their walls, the massive structure of their
amphitheatre, the marvellous bigness of their public baths, and the
enormous multitude of mills, which could only have been made for use,
not for ornament.
'It was to feed this population, that mountainous Lucania paid her
tribute of swine, that fertile Bruttii furnished her droves of oxen.
It was a glorious privilege for them thus to feed the Roman people:
yet the length of roads over which the animals had to be driven made
the tribute unnecessarily burdensome, since every mile reduced their
weight, and the herdsman could not possibly obtain credit at the
journey's end for the same number of pounds of flesh which he
possessed at its beginning. For this reason the tribute was commuted
into a money payment, one which no journeyings can diminish and no
toil can wound. The Provinces should understand and respond to this
favourable change, and not show themselves more slack than their
ancestors were, under far more burdensome conditions. Your Diligence
has now collected both these taxes[794] at the appointed periods; and
I am glad of it, that my countrymen, who have served alien
magistrates with praiseworthy diligence, might not seem negligent
under my rule. These Provinces, which I, my grandfather, and my
great-grandfather have benefited as private persons, I have
endeavoured to help yet more earnestly while I bore the majesty of the
_fasces_, that they who have rejoiced in my exaltation might see that
I still retained my love for our common country. Let them pay the tax
then, not from fear but from love. I have prevailed on the royal
generosity to limit its amount; for whereas it used to be 1,200 solidi
[£720] annually, it is henceforward to be 1,000 [£600][795].' |
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11 - 40 AN INDULGENCE [OR AMNESTY TO PRISONERS ON SOME GREAT FESTIVAL OF THE CHURCH, PROBABLY EASTER]: General Amnesty.
| 'All the year we are bound to tread in the path of Justice, but on
this day we secure our approach to the Redeemer by the path of
Forgiveness. Therefore we forswear punishments of all kinds, we
condemn the torture, and thus feel ourselves, in forgiving, to be more
truly than ever a Judge.
'Hail to thee, O Clemency[796], patroness of the human race! thou
reignest in the heavens and on the earth: and most fitting is it that,
at sacred seasons like this, thou shouldest be supreme.
'Therefore, O Lictor, thou who art allowed to do with impunity the
very thing for which other men are punished, put up thy axe; let it be
henceforth bright, not bloody. Let the chains which have been so often
wet with tears now grow rusty. The prison--that house of Pluto, in
which men suffer a living death, from its foul odours, from the sound
of groaning which assails their ears, from the long fastings which
destroy their taste, from the heavy weights which weary their hands,
from the endless darkness which makes their eyes grow dim--let the
prison now be filled with emptiness. Never is it so popular as when it
is seen to be deserted.
'And you, its denizens, who are thus in a manner transplanted to
Heaven from Hell, avoid the evil courses which made you acquainted
with its horrors. Even animals shun the things which they have once
found harmful. Cattle which have once fallen into a pit seek not again
the same road. The bird once snared shuns bird-lime. The pike buries
himself in deep sand, that he may escape the drag-net, and when it has
scraped his back leaps nimbly into the waves and expresses by his
gambols his joy for his deliverance. When the wrasse[797] finds that
he is caught in an osier trap, he moves himself slowly backwards till
he can leave his tail protruding, that one of his fellows, perceiving
his capture, may pull him out from his prison.
'So too the Sauri (?), a clever race of fish, named from their speed,
when they have swum into a net, tie themselves together into a sort of
rope; and then, tugging backwards with all their might, seek to
liberate their fellow-prisoners.
'Many facts of the same kind would be discovered on enquiry. But my
discourse must return to thee, O Gaoler. Thou wilt be miserable in the
general joy, because thou art wont to derive thy gladness from the
affliction of many. But as some consolation for thy groans, we leave
to thee those prisoners whom the Law, for very pity's sake, cannot set
free--the men found guilty of outrageous crimes, whose liberation
would make barbarous deeds frequent. Over these thou mayest still
exert thy power.' |
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12 As Praetorian Prefect.
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12 - 1 SENATOR, PRAETORIAN PRAEFECT, TO THE VARIOUS CANCELLARII OF THE SEVERAL PROVINCES: General instructions to the Cancellarii.
| 'It is generally supposed that long attendance at the Courts of Law
increases the love of justice. The character of the Judge also is in
some degree estimated by that of his officers[798], as that of a
philosophical teacher by his disciples. Thus your bad actions might
endanger our reputation, while, on the other hand, with no effort on
our part, we earn glory from all that you do well. Beware, therefore,
lest by any misconduct of yours, which is sure to be exaggerated by
popular rumour, you rouse anger in us, who as your Judge will be sure
to exact stern recompence for all the wrong you have done to our
reputation. Study this rather, that you may receive praise and
promotion at our hands, and go forth, with Divine help, on this
Indiction, to such and such a Province, adorned with the pomp of the
Cancelli, and girt about with a certain proud gravity. Remember the
honour of the _fasces_ which are borne before you, of the Praetorian
seat whose commands you execute.
'Fly Avarice, the Queen of all the vices, who never enters the human
heart alone, but always brings a flattering and deceiving train along
with her. Show yourself zealous for the public good; do more by reason
than by terror. Let your person be a refuge for the oppressed, a
defence of the weak, a stronghold for him who is stricken down by any
calamity. Never do you more truly discharge the functions of the
Cancelli than when you open the prison doors to those who have been
unjustly confined.' |
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12 - 2 SENATOR, PRAETORIAN PRAEFECT, TO ALL THE JUDGES OF THE PROVINCES (A.D. 534-535): General instructions to the Provincial Governors.
| 'God be thanked, the Provincials have attended to all my admonitions,
and I have kept all my promises to them. You, as Judges, have
admirably copied my own freedom from corruption, and I can only desire
that you will go on as you have begun.
'Let the peasant pay cheerfully his share of the public taxes, and I
on my part will guarantee him the administration of justice in the
courts[799].
'It was evidently the intention of the legislators that you should be
imitators of our dignity, since they have given you almost the same
jurisdiction in the Provinces as ourselves.
'What avails the reputation of being a rich man? It confers no glory.
But to be known as a just man wins the praise of all. Nothing mean or
avaricious is becoming in a Judge. All his faults are made more
conspicuous by his elevation. Better were it to be absolutely unknown,
than to be marked out for the scorn of all men. Let us keep our own
brews clear from shame; then can we rebuke the sins of others. A
terrible leveller is iniquity: it makes the Judge himself feel like
the culprit who is tried before him. All these considerations,
according to my custom, I bring before you in this my yearly address,
since it is impossible ever to have too much of a good thing[800].
'Now, to proceed to business. Do you and your official staff impress
upon all the cultivators of the soil the absolute necessity of their
paying their land-tax[801] for this thirteenth Indiction[802] at the
appointed time. Let there be no pressing them to pay before the time,
and no venal connivance at their postponement of payment after the
time. What kindness is there in delay? The money must be paid, sooner
or later.
'Prepare also a full and faithful statement of the expenditure for
every four months[803], and address it to our bureaux[804], that there
may be perfect clearness in the public accounts.
'In order to help you, we send A and B, members of our official staff,
to examine your accounts. See that you come up to the standard of duty
here prescribed for you.' |
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12 - 3 SENATOR, PRAETORIAN PRAEFECT, TO ALL THE SAJONES WHO HAVE BEEN ASSIGNED TO THE CANCELLARII: General instructions to the Sajones.
| 'There must be fear of the magistrate in the heart of the citizen,
else the laws would never be obeyed. But as in medicine various
remedies are required by various constitutions, so in the
administration of the laws sometimes force and sometimes gentleness
has to be used. Wisdom is required to decide which is the best mode
of dealing with each particular case.
'Therefore we despatch your Devotion[805] to attend upon A B,
Clarissimus Cancellarius. Be terrible to the lawless, but to them
alone. Above all things see to the punctual collection of the taxes.
Do not study popularity. Attend only to those cases which are
entrusted to your care, and work them thoroughly. No greater disgrace
can attach to an officer of Court than that a Judge's sentence should
be left unexecuted[806]. Do not swagger through the streets exulting
in the fact that nobody dares meet you. Brave men are ever gentle in
time of peace, and there is no greater lover of justice than he who
has seen many battles. When you return to your parents and friends let
it not be brawls that you have to boast of, but good conduct. We also
shall in that case welcome you back with pleasure, and not leave you
long without another commission. And the King too, the lord of
all[807], will entrust higher duties to him who returns from the lower
with credit and the reward of a good conscience.' |
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12 - 4 SENATOR, PRAETORIAN PRAEFECT, TO THE CANONICARIUS OF THE VENETIAE: Praise of Acinaticium, a red wine of Verona.
| 'A well furnished royal table is a credit to the State. A private
person may eat only the produce of his own district; but it is the
glory of a King to collect at his table the delicacies of all lands.
Let the Danube send us her carp, let the _anchorago_ (?) come from the
Rhine, let the labour of Sicily furnish the _exormiston_[809], let the
sea of Bruttii send its sweet _acerniae_ (?); in short, let
well-flavoured dishes be gathered from all coasts. It becomes a King
so to regale himself that he may seem to foreign ambassadors to
possess almost everything.
'And therefore, not to neglect home-produce also, as our fertile Italy
is especially rich in wines, we must have these also provided for the
King's table. Now the report of the Count of the Patrimony informs us
that the stock of _Acinaticium_[810] has fallen very low in the royal
cellars. We therefore order you to visit the cultivators of Verona,
and offer them a sufficient price for this product of theirs, which
they ought to offer without price to their Sovereign.
'It is in truth a noble wine and one that Italy may be proud of.
Inglorious Greece may doctor her wines with foreign admixtures, or
disguise them with perfumes. There is no need of any such process with
this liquor. It is purple, as becomes the wine of kings. Sweet and
strong[811], it grows more dense in tasting it, so that you might
doubt whether it was a liquid food or an edible drink[812].
'I have a mind to describe the singular mode of manufacturing this
wine. The grape cluster, gathered in autumn, is hung up under the roof
of the house to dry till December. Thus exuding its insipid humours it
becomes much sweeter. Then in December, when everything else is bound
by the frost of winter, the chilly blood of these grapes is allowed to
flow forth. It is not insultingly trodden down by the feet, nor is any
foul admixture suffered to pollute it; its stream of gem-like
clearness is drawn forth from it by a noble provocation. It seems to
shed tears of joy, and delights the eye by its beauty as much as the
palate by its flavour. Collect this wine as speedily as possible, pay
a sufficient price for it, and hand it over to the _Cartarii_ who are
charged with this business.
'And this point is not to be forgotten, that it is to be served up in
goblets of a milky whiteness. Lilies and roses thus unite their
charms, and a pleasure is ministered to the eye, far beyond the mere
commonplace facts that the wine has a pleasant taste, and that it
restores the strength of the drinker.
'We rely on you to provide both the wine and the drinking vessels[813]
with all despatch.' |
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12 - 5 SENATOR, PRAETORIAN PRAEFECT, TO VALERIAN, VIR SUBLIMIS 535: Measures for relief of Lucania and Bruttii.
| 'The ruler's anxiety for the common good of all over whom he is
placed, may allowably show itself in an especial manner towards the
dwellers in his own home, and that pre-eminently at a time when they
need his succour from peril.
'The numerous army which was destined for the defence of the Republic
is said to have laid waste the cultivated parts of Lucania and
Bruttii, and to have diminished the abundance of those regions by its
love of rapine.
'Now since they must take and you must give, and since the cultivator
must not be robbed nor the army starved, know that the prices of
provisions are fixed by the order of the Lord of the State at a much
lower figure than you have been wont to sell at[814].
'Be not therefore anxious. You have escaped the hands of the
tax-collector. The present instrument takes away from you the
liability to tribute. In order that your knowledge may be made more
complete, we have thought it better that the amounts of the provisions
for which you are held responsible should be expressed in the
below-written letters[815], that no one may sell you a benefit which
you know to be conferred by the public generosity.
'Repress, therefore, the unruly movements of the cultivators[816].
While the Gothic army is fighting, let the Roman peasant enjoy in
quiet the peace for which he sighs. According to the King's command,
admonish the several tenants on the farms, and the better sort of
peasants, not to mingle in the barbarism of the strife, lest the
danger to public tranquillity be greater than any service they can
render in the wars[817]. Let them lay hands to the iron, but only to
cultivate their fields; let them grasp the pointed steel, but only to
goad their oxen.
'Let the Judges be active: let the tribunals echo with their
denunciations of crime. Let the robber, the adulterer, the forger, the
thief, find that the arm of the State is still strong to punish their
crimes. True freedom rejoices when these men are made sad. Here, in
this civil battle, is full scope for your energies: attend to this,
and enjoy the thought that others are fighting the battle with the
foreign foe for you.
'Exercise great care in calculating the rations of the soldiers, that
no trickery may succeed in defrauding the soldier of his due.
'The officers of the army are by the rulers of the State placed under
my authority, and you are therefore to admonish them if they go wrong,
while redressing all their real grievances. They, in their turn, must
uphold discipline, which is the most powerful weapon of an army. Rise
to the dignity of the occasion, and show that you are able to govern a
Province in a disturbed condition of public affairs, since anyone can
govern it while all things are quiet.
'The royal household is specially ordered to pay the same obedience to
this rescript as all the rest of the Province; and as for my own
dependants, I say expressly that, though I wish them well, I ask for
no favour for them which I would not grant to all the other
inhabitants of the Province.' |
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12 - 6 SENATOR, PRAETORIAN PRAEFECT, TO ALL THE SUBORDINATE GOVERNORS OF THE PRAEFECTURE: General instructions to subordinate Governors.
| 'The exhortations addressed to you by the inborn piety of our Lords
ought to suffice; but nevertheless, that we may be doubly assured, we
will address to you our threats against all who shall wield their
power unrighteously. Cease from avarice, from arrogance, from
venality. What will your money avail you when the day of inquisition
comes? _We_ shall not be tempted by it. Let it be clearly understood
that we shall not sell pardons to unjust Judges, but shall hunt them
to their ruin.
'But all you, good and honest rulers, continue to serve the State
without fear. No rival will buy your offices over your heads; you are
secure in your seats so long as you do well, until the time fixed by
our Lords expires. Be earnest, therefore, that my good deeds may be
imitated and receive their due meed of praise in your persons.' |
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12 - 7 SENATOR, PRAETORIAN PRAEFECT, TO THE TAX-COLLECTOR OF THE VENETIAN PROVINCE: Remission of taxes on account of invasion by the Suevi
| 'A good Sovereign will always exert himself to repair fortuitous
disasters, and will allow those who have paid their taxes punctually
in prosperity, considerable liberty in times of barbaric invasion. On
this ground, and on account of the incursions of the Suevi, the King
grants for this year, the fifteenth Indiction[820], a discharge of all
claims by the Fiscus preferred against A and B. And in all similar
cases where you shall be satisfied that the property has really been
laid waste by those Barbarians, you are at liberty to remit the taxes
for this Indiction. Afterwards you will use all the ordinary methods,
in order that you may be able to pay over the stipulated sum to the
Royal Treasurer. But meanwhile the poor cultivator has the best of all
arguments against paying you, namely, that he has nothing left him
wherewith to pay. Thus is his calamity his best voucher for
payment[821]; and we do not wish that he who has been already alarmed
by the arms of the robber should further tremble at the official robe
of the civil servant[822].
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12 - 8 SENATOR, PRAETORIAN PRAEFECT, TO THE CONSULARIS OF THE PROVINCE OF LIGURIA: Permission to pay taxes direct to Royal Treasury.
| 'It is a new and delightful kind of profit to be able to grant the
request of a petitioner without feeling any loss oneself. The present
suitor, complaining that he is vexed by the exactions of the
tax-gatherer on account of certain farms mentioned in the subjoined
letter, offers to bring the amount due from them himself to our
Treasurers[823]. We are willing to grant this request, on condition
that the Fiscus does not suffer thereby; and therefore desire your
Respectability to warn all _Curiales_, _Compulsores_, and all other
persons concerned, to remove for this Indiction every kind of legal
process from the before-mentioned properties; the condition of this
immunity being that he shall, before the kalends of such and such a
month produce the receipts[824] of the _Arcarius_, showing that he has
discharged his debt to the State. Otherwise the debt must be exacted
by ordinary process. But it is delightful to us whenever the tax is
paid without calling in the aid of the _Compulsor_. Would that the
peasant would always thus freely anticipate the needs of the
Treasury!'
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12 - 9 SENATOR, PRAETORIAN PRAEFECT, TO PASCHASIUS, PRAEFECT OF THE CORN-DISTRIBUTIONS: African claims to succeed to estate of an intestate countryman.
| [To make this letter intelligible we must presuppose a custom,
certainly a very extraordinary one, by which on the death of an
African without heirs, any other African in Italy was allowed to claim
the inheritance. By 'African,' no doubt, we must understand one of the
indigenous inhabitants of Africa, perhaps a man of Negro race. The
custom certainly cannot have applied to African Provincials of Roman
descent. It was perhaps based on some old tribal notions of joint
possession and mutual inheritance.]
'It is a work of wondrous kindness to oblige a foreign race with
public benefits, and not only to invite blood relations to enjoy the
advantages of property, but to permit even strangers to share them.
This kind of heirship is independent of the ties of kindred,
independent of succession from parents, and requires nothing else
save only power to utter the speech of the fatherland.
'This is the privilege which, as the African asserts, was of old
bestowed on his race. By virtue thereof they lawfully demand the
inheritance of others, and thus obtain a right which the Roman in a
similar case could never claim. Nor have they this benefit in their
own land; but here they are for this purpose looked upon as all
related to one another.
'The whole nation, in what relates to the advantages of succession, is
regarded as one family.
'Your Experience is therefore to submit the subject of this man's
petition to a diligent examination, and if it shall turn out, as he
alleges, that the deceased has left no sons nor other persons who
might reasonably claim to succeed him, your official staff is to
induct him into the aforesaid property according to the established
usage.
'He will thus cease to be a foreigner, and will acquire the status of
a native possessor, and therewith the usual liability to pay tribute.
He is inferior to other owners only in this one point, that he lacks
the power of alienating his property. Let him who has derived so much
benefit from our commiseration now relieve others. Fortunate and
enviable has turned out his captivity[826], which enables him at one
and the same time to enjoy the citizenship of Rome and the privileges
of the African.' |
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12 - 10 SENATOR, PRAETORIAN PRAEFECT, TO DIVERS CANCELLARII IN THE PROVINCES: Taxes to be punctually enforced.
| 'Arrears of tribute are like bodily diseases, serious and enfeebling
when they become chronic. A man who is under a load of debt cannot be
called free: he has abandoned the power of controlling his actions to
another. Your supposed indulgence to the taxpayer is no real kindness.
There comes a time when the whole arrear of debt has to be claimed,
and then these venal delays of yours make the demand seem twice as
heavy in the eyes of the unfortunate taxpayer. Cease then to trade
upon the peasants' losses. Exact the whole amount of taxes for the
coming Indiction, and pay them in on the appointed day to the
Treasurer[827] of the Province; or else it will be the worse for you,
and you will have to return, stripped of all official rank[828], into
the Province which you are conscious of having badly administered.
'I shall not _speak_ again on this subject, but shall, if necessary,
extract the sums from you by an irrevocable act of distraint.' |
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12 - 11 SENATOR, PRAETORIAN PRAEFECT, TO PETER, VIR CLARISSIMUS, DISTRIBUTOR OF RELISHES: Distribution of relishes to Roman citizens.
| 'The liberality of a good Sovereign must not be discredited by fraud
and carelessness in the person charged with its distribution. Even
molten gold contracts a stain if not poured into an absolutely clean
vessel. How sweet is it to see a stream flowing clear and unpolluted
over a snow-white channel! Even so must you see that the gifts of the
Sovereign of the State reach the Roman people as pure and as copious
as they issue forth from him.
'All fraud is hateful; but fraud exercised upon the people of Romulus
is absolutely unbearable. That quiet and easily satisfied people,
whose existence you might forget except when they testify their
happiness by their shouts; noisy without a thought of sedition; whose
only care is to shun poverty without amassing wealth; lowly in fortune
but rich in temper--it is a kind of profanation to rob such people as
these.
'We therefore entrust to you the task of distributing the
relishes[830] to the Roman people from this Indiction. Be true to the
citizens, else you will become as an alien unto us. Do not be bribed
into allowing anyone to pass as a Latin who was not born in Latium.
'These privileges belong to the Quirites alone: no slave must be
admitted to share them. That man sins against the majesty of the Roman
people, who defiles the pure river of their blood by thrusting upon
them the fellowship of slaves.' |
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12 - 12 SENATOR, PRAETORIAN PRAEFECT, TO ANASTASIUS, CANCELLARIUS OF LUCANIA AND BRUTTII: Praise of the cheese and wine of Bruttii.
| 'When we were dining, according to our wonted custom, with the
Sovereign of the State[831], the conversation happened to turn upon
the delicacies of various Provinces, and we praised the wines of
Bruttii and the cheese of the district around Mount Sila[832].
'The _cheese_, which retains in its pores the milk which has been
collected there, recalls by its taste the fragrant herbs upon which
the cattle have fed; by its texture it reminds us of the softness of
oil, from which it differs in colour by its snowy whiteness. Having
been carefully pressed into a wide cask and hardened therein, it
retains permanently the beautiful round shape which has thus been
given to it[833].
'The _wine_, to which Antiquity gave the name of praise, Palmatiana,
must be selected not of a rough but sweet kind[834]. Though last [in
geographical position] among the wines of Bruttii, it is by general
opinion accounted the best, equal to that of Gaza, similar to the
Sabine, moderately thick, strong, brisk, of conspicuous whiteness,
distinguished by the fine aroma, of which a pleasant after-taste is
perceived by the drinker[835]. It constrains loosened bowels, dries up
moist wounds, and refreshes the weary breast.
'Let it be your care to provide as speedily as possible a stock of
both these products of our country, and send them in ships to the
Royal residence. For a temporary supply we have drawn on our own
cellars, but we look to you to choose specimens of the genuine quality
for the King. We cannot be deceived, who retain the true taste in our
patriotic memory; and at your peril will you provide any inferior
article to that which our cellars will have supplied[836].' |
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12 - 13 EDICT: Frauds committed by the revenue officers on the Churches of Bruttii and Lucania.
| 'The generous gifts of Kings ought to be respected by their subjects.
'Long ago the constitutions of the Emperors enriched the holy
Churches of Bruttii and Lucania with certain gifts. But since the
sacrilegious mind is not afraid of sinning against the Divine
reverence, the Canonicarii (officers of the Exchequer) have robbed
these ecclesiastical positions of a certain portion of their revenue
in the name of the Numerarii of the Praetorian Praefect's staff; but
these latter, with righteous indignation, declare that they have
received no part of the spoils thus impiously collected in their name.
'Thus have the Canonicarii turned the property of the clergy into a
_douceur_ for the laity[837]. Oh, audacity of man! what barriers can
be erected against thee? Thou mightest have hoped to escape human
observation, but why commit crimes which the Divinity cannot but
notice?
[Footnote 837: 'Facientes laicum commodum substantiam clericorum.']
'Therefore we ordain by this edict that anyone who shall hereafter
commit this kind of fraud shall lose his own private gains, and shall
forfeit his place in the public service[838].
[Footnote 838: 'Edictali programmate definimus, ut qui in hac fuerit
ulterius fraude versatus et militiâ careat et compendium propriae
facultatis amittat.' The last clause is perhaps purposely vague. We
should have expected to hear something about restitution, but the
words will not bear that meaning.]
'Let the poor keep the gifts which God has put it into the heart of
Kings to bestow upon them. It is cruel above all other cruelty to wish
to become rich by means of the scanty possessions of the mendicant.' |
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12 - 14 SENATOR, PRAETORIAN PRAEFECT, TO ANASTASIUS, CANCELLARIUS OF LUCANIA AND BRUTTII: Plea for gentle treatment for citizens of Rhegium.
| 'The citizens of Rhegium (so called from the Greek word [Greek:
rhêgnumi], to break, because their island has been broken off from
Sicily by the violence of the waves) complain that they are being
unfairly harassed by the tax-gatherers. I, as an eyewitness, can
confirm the truth of their statement that their territory does not
bring forth the produce which is claimed at their hands. It is a rocky
and mountainous country, too dry for pasture, though sufficiently
undulating for vineyards; bad for grain-crops, though well suited for
olives. The shade has to be all provided by the industry of man, who
has planted there the tree of Pallas [the olive], which prospers in
even the driest soil, because it sends its roots down into the very
depths of the earth.
'The corn has to be watered by hand, like pot-herbs in a garden. You
seldom see the husbandman bending beneath his load as he returns from
the threshing-floor. A few bushels full are all that he can boast of,
even in an abundant harvest[839].
'Contrary to the opinion of Virgil [who speaks of the bitter roots of
the endive[840]], the fibres of endive are here extremely sweet, and
encircled by their twisting leaves are caked together with a certain
callous tenderness[841].
'In the treasures of the deep that region is certainly rich; for the
Upper and Lower Sea meet there. The _exormiston_[842], a sort of king
among fishes, with bristly nostrils and a milky delicacy of flavour,
is found in these waters. In stormy weather it is tossed about on the
top of the waves, and seems to be too tired or too indolent to seek a
refuge in the deeper water[843]. No other fish can be compared to it
in sweetness[844].
'These are the products--I speak from my own knowledge--of the Rhegian
shore. Therefore you must not seek to levy a tribute of wheat or lard
from the inhabitants under the name of "coemptio."
'I may add that they are so troubled by the constant passage of
travellers entering Italy or leaving it, that it would have been right
to excuse them even if those products had been found there in
abundance[845].' |
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12 - 15 SENATOR, PRAETORIAN PRAEFECT, TO MAXIMUS, VIR CLARISSIMUS,
CANCELLARIUS OF LUCANIA AND BRUTTII: Praises of the author's birthplace, Scyllacium.
| 'Scyllacium, the first city of Bruttii, which Ulysses the destroyer of
Troy is believed to have founded, is said to be unreasonably vexed by
the exorbitant demands of purveyors[847]. These injuries grieve us all
the more on account of our patriotic love for the place.
'The city of Scyllacium, which is so placed as to look down upon the
Hadriatic Gulf, hangs upon the hills like a cluster of grapes: not
that it may pride itself upon their difficult ascent, but that it may
voluptuously gaze on verdant plains and the blue back of the sea. The
city beholds the rising sun from its very cradle, when the day that is
about to be born sends forward no heralding Aurora; but as soon as it
begins to rise, the quivering brightness displays its torch. It
beholds Phoebus in his joy; it is bathed in the brightness of that
luminary, so that it might be thought to be itself the native land of
the sun, the claims of Rhodes to that honour being outdone.
'It enjoys a translucent air, but withal so temperate that its winters
are sunny, and its summers cool; and life passes there without sorrow,
since hostile seasons are feared by none. Hence, too, man himself is
here freer of soul than elsewhere, for this temperateness of the
climate prevails in all things.
'In sooth, a hot fatherland makes its children sharp and fickle, a
cold one slow and sly; it is only a temperate climate which composes
the characters of men by its own moderation. Hence was it that the
ancients pronounced Athens to be the seat of sages, because, enriched
with an air of the greatest purity, it prepared with glad liberality
the lucid intellects of its sons for the contemplative part of life.
Assuredly for the body to imbibe muddy waters is a different thing
from sucking in the transparency of a sweet fountain. Even so the
vigour of the mind is repressed when it is clogged by a heavy
atmosphere. Nature herself hath made us subject to these influences.
Clouds make us feel sad; and again a bright sky fills us with joy,
because the heavenly substance of the soul delights in everything that
is unstained and pure.
'Scyllacium has also an abundant share of the delicacies of the sea,
possessing near it those gates of Neptune which we ourselves
constructed. At the foot of the Moscian Mount we hollowed out the
bowels of the rock, and tastefully[848] introduced therein the eddying
waves of Nereus. Here a troop of fishes, sporting in free captivity,
refreshes all minds with delight, and charms all eyes with admiration.
They run greedily to the hand of man, and before they become his food
seek dainties from him. Man feeds his own dainty morsels, and while he
has that which can bring them into his power, it often happens that
being already replete he lets them all go again.
'The spectacle moreover of men engaged in honourable labour is not
denied to those who are sitting tranquilly in the city. Plenteous
vineyards are beheld in abundance. The fruitful toil of the
threshing-floor is seen. The face of the green olive is disclosed. No
one need sigh for the pleasures of the country, when it is given him
to see them all from the town.
'And inasmuch as it has now no walls, you believe Scyllacium to be a
rural city, though you might judge it to be an urban villa; and thus
placed between the two worlds of town and country, it is lavishly
praised by both.
'This place wayfarers desire frequently to visit, and as they object
to the toil of walking, the citizens, called upon to provide them with
post-horses, and rations for their servants, have to pay heavily in
purse for the pleasantness of their city. Therefore to prevent this,
for the future we decide that all charges for providing post-horses
and rations shall be debited to the public account. We cut up, root
and branch, the system of paying _Pulveratica_[849] to the Judge; and
we decide, according to ancient custom, that rations for three days
only shall be given on their arrival to the great Dignitaries of the
State, and that any more prolonged delay in their locomotion be
provided for by themselves.
'To relieve your city of its heaviest burdens will be, according to
our injunctions, an act of judicial impartiality, not of laxity. Live,
by God's help, a mirror of the justice of the age, delighting in the
security of all. Some people call the Isles of the Atlantic
'Fortunate:' I would rather give that name to the place where you do
now dwell.' |
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12 - 16 SENATOR, PRAETORIAN PRAEFECT, TO A REVENUE OFFICER: Payment of Trina Illatio..
| 'Time, which adapts itself incessantly to the course of human affairs,
and reconciles us even to adversity[851], has brought round again the
period for collecting the _Trina Illatio_ from the taxpayer. Let the
peasant (_possessor_) pay in your Diocese, for this first Indiction,
his instalment of the tax freely, not being urged too soon nor allowed
to postpone it too late, so that he may plead that he has been let off
from payment[852]. Let none exceed the fair weight, but let him use a
just pound: if once the true weight is allowed to be exceeded, there
is no limit to extortion[853].
'Let a faithful account of the expenses of collection be rendered
every four months to our office[854], that, all error and obscurity
being removed, truth may be manifest in the public accounts.
'That you may, with God's help, be the better able to fulfil our
instructions, I have ordered A and B, servants of our tribunal, who
are mindful of their own past responsibilities, to assist you and your
staff[855]. Beware therefore, lest you incur the blame of corruptly
discharging the taxpayer, or of sluggish idleness in the discharge of
your duties, in which case your own fortunes will suffer from your
neglect.' |
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12 - 17 0
SENATOR, PRAETORIAN PRAEFECT, TO JOHN, SILIQUATARIUS[856] OF
RAVENNA.
[Footnote 856: Collector of the Siliquaticum, or tax of one
twenty-fourth on sales. See ii. 30, iii. 35, iv. 19.]
[Sidenote: Defence of Ravenna.]
'In times of peace, by contact with foreigners who swarm in our
cities, we learn what will be our best defence in war. Who can tell
with what nation we may be next at war? Therefore, to be on the safe
side, make such preparations as our future enemies, whosoever they may
be, will dislike to hear of. Accordingly you are to order the peasants
to dig a series of pits with wide mouths near the mountains of
Caprarius and the parts round about the walls[857]; and let such a
chasm yawn there that there shall be no possibility of entrance that
way.
[Footnote 857: No doubt the walls of Ravenna. I cannot identify the
Mons Caprarius. The name Caprera is a common one in Italy.]
'If strangers want to enter the city, why do they not enter it in the
right way--by the gates--instead of going skulking about these
bye-paths? Henceforth, anyone trying to take any such short cut to our
city will probably find that he loses his life in consequence[858].' |
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12 - 18 SENATOR, PRAETORIAN PRAEFECT, TO CONSTANTIAN, VIR EXPERIENTISSIMUS: Repair of Flaminian Way.
| 'Great is the reward of those who serve Kings efficiently; as severe
is the punishment of those who neglect their duties towards them.
'How delightful is it to journey without obstacles over a well-made
road[859], to pass doubtful places without fear, to ascend mountainous
steeps by a gentle incline, to have no fear of the planking of a
bridge when one crosses it[860], and in short to accomplish one's
journey so that everything happens to one's liking!
'This is the pleasure which you can now prepare for your Sovereign.
Therefore, as the Flaminian Way is furrowed by the action of torrents,
join the yawning chasms by the broadest of bridges; clear away the
rough woods which choke the sides of the highway; procure the
stipulated number of post-horses, and see that they have all the
points which are required in a good steed; collect the designated
quantities of provisions without plundering the peasants. A failure in
any one of these particulars will ruin your whole service.
'Collect, too, with the utmost diligence the spices which are needed
for the King's table. What avails it to have satisfied the army, if
the King's own board lack proper care. Let all the Provincials attend
to your admonitions: let the cities furnish the stores set forth in
the accompanying letters. Then, when they have put the Sovereign in a
good humour, they may ask him for benefits to some purpose.
'Think of me as present and as judging of all your deeds. I shall have
to bear the blame of your failures at Court; so act rather as to set
my mind at rest, to cover me and yourselves with glory, and to entitle
me to receive on your behalf the thanks of the whole army.' |
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12 - 19 SENATOR, PRAETORIAN PRAEFECT, TO MAXIMUS, VICARIUS OF THE CITY OF ROME: Bridge of boats across the Tiber.
| 'As all great events in Nature have their heralding signs, so is the
approaching visit of the King announced to you even by the concourse
of wayfarers to your City. We, however, have to order you to clothe
the waves of Tiber with a bridge [of boats]. The boat, thus used, is
no longer moved by slowly hauled ropes, as it is wont to be. Fixed
itself, it affords a means of transit to others. The joining of its
planks gives the desired appearance of solidity; all the terror of the
waves is removed by its likeness to the land, and the traveller
passing over it unharmed only wishes that the bridge were longer.
'Let a safe bulwark of lattice-work shield the bridge on the right
side and on the left. See that you give no cause for misadventure of
any kind. You have a noble opportunity of distinguishing yourself in
the presence of so many Senators and of the King himself, the rewarder
of every well-done work. On the other hand, if you do it badly and put
him out of humour, woe be unto you!
'We send A B, a servant of our Praefecture[861], to assist you and
your staff and bring us report of the accomplishment of the work; for
so heavy is our responsibility in this matter that we dare not leave
anything to chance.' |
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12 - 20 SENATOR, PRAETORIAN PRAEFECT, TO THOMAS AND PETER, VIRI CLARISSIMI AND ARCARII: Sacred vessels mortgaged by Pope Agapetus to be restored to the stewards of the Papal See.
| 'You will remember, most faithful Sirs, that when the holy Agapetus,
Pope of the City of Rome, was sent as ambassador to the Sovereign of
the East[862], he received so many pounds of gold from you for the
expenses of the journey, for which he gave his bond[863] and deposited
some of the Church plate as security[864]. The provident ruler thus
lent him money in his necessity, and now, far more gloriously, returns
as a free gift those pledges which the Pope might well have thanked
him for taking.
'Therefore, in obedience to these instructions of ours, and fortified
by the Royal order, do you return without any delay to the
stewards[865] of the holy Apostle Peter the vessels of the saints
together with the written obligation, that these things may be felt to
be profitably restored and speedily granted, that the longed-for means
of performing their world-famous ministrations may be replaced in the
hands of the Levites. Let that be given back which was their own,
since that is justly received back by way of largesse which the Priest
had legally mortgaged.
'Herein is the great example of King Alaric surpassed. He, when
glutted with the spoil of Rome, having received the vessels of the
Apostle Peter from his men, when he heard the story of their seizure,
ordered them to be carried back across the sacred threshold, that so
the remembrance of the cupidity of their capture might be effaced by
the generosity of their restoration.
'But our King, with religious purpose, has restored the vessels which
had become his own by the law of mortgage. In recompense for such
deeds frequent prayer ought to ascend, and Heaven will surely gladly
grant the required return for such good actions[866].' |
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12 - 21 SENATOR, PRAETORIAN PRAEFECT, TO DEUSDEDIT, A SCRIBE OF RAVENNA: Duties of a Scribe.
| 'The Scribe's office is the great safeguard of the rights of all men.
The evidence of ownership may be destroyed by fire or purloined by
dishonest men, but the State by making use of the Scribe's labours is
able to make good the loss so sustained. The Scribe is more diligent
in other men's business than they are in their own. His
muniment-chest is the refuge of all the oppressed, and the repository
of the fortunes of all men[867].
'In testimony of your past integrity, and in the hope that no change
will mar this fair picture, we appoint you to this honourable office.
Remember that ancient Truth is committed to your keeping, and that it
often really rests with you, rather than with the Judge, to decide the
disputes of litigants. When your indisputable testimony is given, and
when the ancient voice of charters proceeds from your _sanctum_,
Advocates receive it with reverence, and suitors, even
evil-intentioned men, are constrained into obedience.
'Banish, therefore, all thoughts of venality from your mind. The worst
moth that gets into papers and destroys them is the gold of the
dishonest litigant, who bribes the Scribes to make away with evidence
which he knows to be hostile. Thus, then, be ready always to produce
to suitors genuine old documents; and, on the other hand, transcribe
only, do not compose ancient proceedings[868]. Let the copy correspond
to the original as the wax to the signet-ring, that as the face is the
index of the emotions[869] so your handwriting may not err from the
authentic original in anything.
'If a claimant succeed in enticing you even once from the paths of
honesty, vainly will you in any subsequent case seek to obtain his
credence for any document that you may produce; for he will always
believe that the trick which has been played once may be played again.
Keep to the line of justice, and even his angry exclamations at the
impossibility of inducing you to deviate therefrom, will be your
highest testimonial. Your whole career is public, and the favour or
disgrace which awaits you must be public also.' |
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12 - 22 SENATOR, PRAETORIAN PRAEFECT, TO THE PROVINCIALS OF ISTRIA 537: Requisition from Province of Istria.
| 'The true way to prevent the requirements of the public revenue from
becoming oppressive, is to order each Province to supply those
products in which it is naturally most fertile.
'Now I have learned by conversation with travellers that the Province
of Istria is this year especially blessed in three of its crops--wine,
oil, and corn. Therefore let her give of these products the equivalent
of ... solidi, which are due from you in payment of tribute for this
first Indiction[870]: while the remainder we leave to that loyal
Province for her own regular expenses. But since we require a larger
quantity of the above-mentioned products, we send ... solidi from our
state chest for the purchase of them, that these necessaries may be
collected for us with as little delay as possible. Often when you are
desirous to sell you cannot find a purchaser, and suffer loss
accordingly. How much better is it to obey the requirements of your
Lords than to supply foreigners; and to pay your debts in the fruits
of the soil, rather than to wait on the caprices of a buyer!
'We will ourselves out of our love of justice state a fact of which
you might otherwise remind us, that we can afford to be liberal in
price because we are not burdened by the payment of freights [on
account of your nearness to the seat of government]. For what Campania
is to Rome, Istria is to Ravenna--a fruitful Province abounding in
corn, wine, and oil; so to speak, the cupboard of the capital. I might
carry the comparison further, and say that Istria can show her own
Baiae in the lagunes with which her shores are indented[871], her own
Averni in the pools abounding in oysters and fish. The palaces, strung
like pearls along the shores of Istria, show how highly our ancestors
appreciated its delights[872]. The beautiful chain of islands with
which it is begirt, shelter the sailor from danger and enrich the
cultivator. The residence of the Court in this district delights the
nobles and enriches the lower orders; and it may be said that all its
products find their way to the Royal city. Now let the loyal Province,
which has often tendered her services when they were less required,
send forward her stores freely.
'To guard against any misunderstanding of our orders, we send
Laurentius, a man of great experience, whose instructions are
contained in the annexed letter.
'We will publish a tariff of moderate prices when we next address you,
and when we have ascertained what is the yield of the present crops;
for we should be deciding quite at random before we have received that
information.' |
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12 - 23 SENATOR, PRAETORIAN PRAEFECT, TO LAURENTIUS, VIR EXPERIENTISSIMUS: The same subject.
| 'Anyone can discharge the duties of the Commissariat in a time of
abundance. It is a mark of our high appreciation of your experience
and efficiency, that we select you for this service in a time of
scarcity. We therefore direct you to repair to the Province of Istria,
there to collect stores of wine, oil, and corn, equivalent to ...
solidi, due from the Province for land-tax[874], and with ... solidi
which you have received from our Treasurer to buy these products
either from the merchants or from the peasants directly, according to
the information prepared for you by the Cashiers[875]. Raise your
spirits for this duty, and discharge it in a manner worthy of your
past reputation. Make to us a faithful report of the yield of the
coming harvest, under these three heads[876], that we may fix a tariff
of prices which shall be neither burdensome to the Provincials nor
injurious to the public service.'
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12 - 24 SENATOR, PRAETORIAN PRAEFECT, TO THE TRIBUNES OF THE MARITIME POPULATION 537: First historical notice of Venice.
| 'We have previously given orders that Istria should send wine and oil,
of which there are abundant crops this year, to the Royal residence
at Ravenna. Do you, who possess numerous ships on the borders of the
Province, show the same devotion in forwarding the stores which they
do in supplying them.
'Be therefore active in fulfilling this commission in your own
neighbourhood, you who often cross boundless distances. It may be said
that [in visiting Ravenna] you are going through your own
guest-chambers, you who in your voyages traverse your own home[878].
This is also added to your other advantages, that to you another route
is open, marked by perpetual safety and tranquillity. For when by
raging winds the sea is closed, a way is opened to you through the
most charming river scenery[879]. Your keels fear no rough blasts;
they touch the earth with the greatest pleasure, and cannot perish
however frequently they may come in contact with it. Beholders from a
distance, not seeing the channel of the stream, might fancy them
moving through the meadows. Cables have been used to keep them at
rest: now drawn by ropes they move, and by a changed order of things
men help their ships with their feet. They draw their drawers without
labour, and instead of the capricious favour of sails they use the
more satisfactory steps of the sailor.
'It is a pleasure to recall the situation of your dwellings as I
myself have seen them. Venetia the praiseworthy[880], formerly full of
the dwellings of the nobility, touches on the south Ravenna and the
Po, while on the east it enjoys the delightsomeness of the Ionian
shore, where the alternating tide now discovers and now conceals the
face of the fields by the ebb and flow of its inundation. Here after
the manner of water-fowl have you fixed your home. He who was just now
on the mainland finds himself on an island, so that you might fancy
yourself in the Cyclades[881], from the sudden alterations in the
appearance of the shore.
'Like them[882] there are seen amid the wide expanse of the waters
your scattered homes, not the product of Nature, but cemented by the
care of man into a firm foundation[883]. For by a twisted and knotted
osier-work the earth there collected is turned into a solid mass, and
you oppose without fear to the waves of the sea so fragile a bulwark,
since forsooth the mass of waters is unable to sweep away the shallow
shore, the deficiency in depth depriving the waves of the necessary
power.
'The inhabitants have one notion of plenty, that of gorging themselves
with fish. Poverty therefore may associate itself with wealth on equal
terms. One kind of food refreshes all; the same sort of dwelling
shelters all; no one can envy his neighbour's home; and living in this
moderate style they escape that vice [of envy] to which all the rest
of the world is liable.
'Your whole attention is concentrated on your salt-works. Instead of
driving the plough or wielding the sickle, you roll your cylinders.
Thence arises your whole crop, when you find in them that product
which you have not manufactured[884]. There it may be said is your
subsistence-money coined[885]. Of this art of yours every wave is a
bondservant. In the quest for gold a man may be lukewarm: but salt
every one desires to find; and deservedly so, since to it every kind
of meat owes its savour.
'Therefore let your ships, which you have tethered, like so many
beasts of burden, to your walls, be repaired with diligent care: so
that when the most experienced Laurentius attempts to bring you his
instructions, you may hasten forth to greet him. Do not by any
hindrance on your part delay the necessary purchases which he has to
make; since you, on account of the character of your winds, are able
to choose the shortest sea-track[886].' |
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12 - 25 SENATOR, PRAETORIAN PRAEFECT, TO HIS DEPUTY AMBROSIUS, AN ILLUSTRIS: Famine in Italy.
| 'Since the world is not governed by chance, but by a Divine Ruler who
does not change His purposes at random, men are alarmed, and naturally
alarmed, at the extraordinary signs in the heavens, and ask with
anxious hearts what events these may portend. The Sun, first of stars,
seems to have lost his wonted light, and appears of a bluish colour.
We marvel to see no shadows of our bodies at noon, to feel the mighty
vigour of his heat wasted into feebleness, and the phenomena which
accompany a transitory eclipse prolonged through a whole year.
'The Moon too, even when her orb is full, is empty of her natural
splendour. Strange has been the course of the year thus far. We have
had a winter without storms, a spring without mildness, and a summer
without heat. Whence can we look for harvest, since the months which
should have been maturing the corn have been chilled by Boreas? How
can the blade open if rain, the mother of all fertility, is denied to
it? These two influences, prolonged frost and unseasonable drought,
must be adverse to all things that grow. The seasons seem to be all
jumbled up together, and the fruits, which were wont to be formed by
gentle showers, cannot be looked for from the parched earth. But as
last year was one that boasted of an exceptionally abundant harvest,
you are to collect all of its fruits that you can, and store them up
for the coming months of scarcity, for which it is well able to
provide. And that you may not be too much distressed by the signs in
the heavens of which I have spoken, return to the consideration of
Nature, and apprehend the reason of that which makes the vulgar gape
with wonder.
'The middle air is thickened by the rigour of snow and rarefied by the
beams of the Sun. This is the great Inane, roaming between the heavens
and the earth. When it happens to be pure and lighted up by the rays
of the sun it opens out its true aspect[888]; but when alien elements
are blended with it, it is stretched like a hide across the sky, and
suffers neither the true colours of the heavenly bodies to appear nor
their proper warmth to penetrate. This often happens in cloudy weather
for a time; it is only its extraordinary prolongation which has
produced these disastrous effects, causing the reaper to fear a new
frost in harvest, making the apples to harden when they should grow
ripe, souring the old age of the grape-cluster.
'All this, however, though it would be wrong to construe it as an omen
of Divine wrath, cannot but have an injurious effect on the fruits of
the earth. Let it be your care to see that the scarcity of this one
year does not bring ruin on us all. Even thus was it ordained by the
first occupant of our present dignity[889], that the preceding plenty
should avail to mitigate the present penury.' |
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12 - 26 SENATOR, PRAETORIAN PRAEFECT, TO PAULUS, VIR STRENUUS: Remission of taxes for Province of Venetia in consequence
of the famine.
| 'We are glad when we can reconcile the claims of the public service
with the suggestions of pity. The Venerable Augustin, a man
illustrious by his life and name, has brought under our notice the
lamentable petition of the Venetians, to the effect that there have
been in their Province no crops of wine, wheat, or millet, and that
they must be ruined unless the Royal pity succours them.
'In these circumstances it would be cruel to exact the customary
supplies from them, and we therefore remit the contributions of wine
and wheat for the use of the army which we had ordered from the cities
of Concordia, Aquileia, and Forojulii[891], exacting only the meat, as
shown by the accompanying letter[892].
'We shall send from hence a sufficient supply of wheat when the time
comes; and as we are told that there is a plentiful crop of wine in
Istria, you can buy there the wine that would have been furnished by
the three cities. Be sure that you ask for no fee in this matter.
This remission of taxes is absolutely gratuitous on our part.' |
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12 - 27 SENATOR, PRAETORIAN PRAEFECT, TO DATIUS, BISHOP OF MILAN: Relief of famine-stricken citizens of Ticinum and Dertona.
| 'It is most fitting that good and holy men should be made the stewards
of the Royal bounty. We therefore request your Holiness, in accordance
with the King's commands, to open the granaries at Ticinum[894], and
Dertona[895], and sell millet thereat to the starving people at the
rate of 20 modii per solidum[896]. We are anxious that you should do
this, lest the work should fall into venal hands which would sell the
King's bounty to those who are able to provide for themselves. It is
the poor, not the rich, that we wish to help: we would pour our bounty
into empty vessels. Let not then your Holiness think this work of
compassion, unworthy of your sacred office. In order to assist you we
have sent A and B, who will simply obey the orders of your Holiness,
doing nothing of their own motion.
'Send us an account of the solidi received in payment for the said
millet, that they may be stored up with our Treasurer[897], in order
to replace the before-mentioned grain, and thus provide a reserve for
future times of scarcity; like a garment taken to pieces that it may
be made up again as good as new.'
[It is not very easy to assign a date to this letter. The mention of
the famine would incline us to assign it to 538, as that seems to have
been the year when the full force of the famine was felt in Italy (see
Procopius, De Bello Gotthico ii. 20, where 538 and 539 seem to be
marked as the two great famine years). But very early in 538 the
Bishop of Milan, the same Datius to whom this letter is addressed,
visited Rome to entreat Belisarius to send a small garrison to occupy
Milan, which had already revolted, or was on the verge of revolting,
from the Gothic King. As soon as the siege of Rome was raised
Belisarius complied with this request, and sent 1,000 men, under
Mundilas, to escort Datius back to Milan. This expedition set forth
probably in April 538, and as soon as it arrived at Milan that city
openly proclaimed its defection from Witigis and its allegiance to the
Emperor. It was soon besieged by Uraias, nephew of Witigis, by whom in
the following year (539) it was taken. The city, we are informed, was
rased to the ground, and Bishop Datius escaped to Constantinople.
Evidently we have here a continuous chain of events, which makes it
impossible for us to date this letter in 538 or any subsequent year.
We ought probably therefore to assign it to the autumn of 537, and to
look upon it as an attempt (unsuccessful, as it proved) to retain
Datius and the citizens of Milan on the side of the Goths. We know
from the Twenty-second Letter of this book that signs of scarcity had
already shown themselves in Italy by the 1st September, 537; and in an
interesting passage of the 'Historia Miscella' (Book xvi.), famine in
Liguria, the year 537, and the name of Datius are all combined.
'Praeter belli instantiam angebatur insuper Roma famis penuriâ: tanta
siquidem per universum mundum eo anno [the year of the siege of Rome],
_maxime apud Liguriam_ fames excreverat, ut _sicut vir sanctissimus
Datius Mediolanensis antistes retulit_, pleraeque matres infelicium
natorum membra comederent.' I owe this reference to Baronius.] |
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12 - 28 AN EDICT [ADDRESSED TO THE LIGURIANS] 537 : Relief of inhabitants of Liguria.
| 'Divine Providence uses adversity as a means of testing our
characters. Famine has afflicted the Provinces, but the result of it
has been that they have proved more fully than before the bounty of
their King. Rejoice herein, oh ye Ligurians! For when, as you will
remember, on a previous occasion the savage temper of your neighbours
was aroused, and Aemilia and your Liguria were shaken by an incursion
of the Burgundians, who waged a sneaking campaign by reason of their
nearness to your territory, suddenly the renown of the insulted
Empire[898] arose like the sun in his strength. The enemy mourned the
ruin which was caused by his own presumption, when he learned that
that man was Ruler of the Gothic race whose rare valour he had
experienced when he was still a private soldier[899]. How often did
the Burgundian wish that he had never left his own frontiers to be
compelled to fight with such an adversary as our Sovereign; for though
he found with relief that he escaped his actual presence in the field,
none the less did his rashness bring him in contact with the good
fortune of his arms. For when with redoubled fortitude[900] the Goths
turned to the prosecution of the war, with such successfully combined
operations did they strike the bands of the rebels, that you would
have thought those were all armed men, these were all
defenceless[901]. Such was the just judgment of God, that the robber
should perish in those very plains which he had presumed to desolate.
Exult now, oh Province, adorned with the carcases of thine
adversaries! rejoice, oh Liguria, at the heap of dead bodies! If the
harvest of corn is denied thee, the harvest of dead enemies shall not
be wanting. Tribute thou mayest not be able to offer to thy King, but
the triumphs which are won in thy land thou canst offer with pride.
'[902]To these triumphs must be added the lately foiled plunder-raid
of the Alamanni, so checked in its very first attempts that their
entrance and exit were almost one event, like a wound well and
opportunely cauterised. Thus were the excesses of the presumptuous
invader punished, and the subjects of our King were saved from
absolute ruin. I might indeed enumerate to you what crowds of the
enemy fell in other places, but I turn rather--such is human
nature--to more joyful themes, and revert to the point with which I at
first commenced, namely that the Sovereign who has saved you from the
hostile sword is determined now to avert from your Province the perils
of famine.
'In this new war the citadels are well-stored granaries; Starvation is
the dreaded foe: if they are closed she enters; by opening them wide
she is put to flight. I know not what the world in general may think
of the relative merit of these two campaigns of our King. For my part,
though I recognise it as the mark of a brave man to have fought a
winning battle, I think it is something above mere human valour to
have conquered penury.
'In addition to these benefits the King has remitted one-half of the
taxes of the Province, that he might not sadden with the one hand
those whom he was gladdening with the other. Herein he compares
favourably with Joseph, who sold corn to the Egyptians, but on such
terms that they lost their personal freedom. Doubtless that holy man
was placed in a dilemma between the necessity of satisfying a covetous
King on the one hand, and that of rescuing a starving people on the
other. Still I must think that the Egyptian, whose life was preserved,
groaned over the loss of his liberty; and if I may say so, with all
respect to so great a patriarch[903], far nobler is it to sell corn to
freemen who remain freemen, and to lighten their taxes on account of
poverty. This is really a gratuitous distribution, when both the money
with which to buy is handed over to you [by the abatement of tribute],
and a price is fixed on purpose to please you.
'The generosity of the State therefore will sell 25 modii, when the
peasant has lost his crops, at the price at which 10 are usually
sold[904]. Humanity has altered the usual course of affairs, and by a
strange kind of chaffering, but one which truly becomes a King, just
when the famished peasant is willing to offer us an enhanced price
for food, we are directed to offer it to him for a smaller one.
'The King himself had seen your calamity, and thereupon bestowed on
you previously one favour. Now, on hearing of its continuance, he adds
to it a second. Happy calamity, which forced itself on the notice of
such an eye-witness!
'Now, oh Ligurian, rejoice in the good fortune which has come to thee.
Compare thy lot with the Egyptian's and be happy. He was fed, but lost
his freedom; thou art fed, and at the same time defended from thy
enemies. Joseph gave back the purchase-money to his brethren in their
sacks, showing a greater kindness to his kindred than to his subjects.
Our King shows no such partiality, but bestows on all the taxpayers
larger benefits than he did on his brethren. Happy age! in which Kings
may be likened, not to Kings, but to Prophets, and yet bear away the
palm.
'But that we may not longer detain you from the desired enjoyment of
the Royal benefits, know that our commands have been given to those
whose business it is to attend to this affair, that, according to the
tenour of this edict, the generosity of the Sovereign may penetrate
into your homes.' |
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