LETTERS OF CASSIODORUS.
PREFACE[192].
Reason for publication: entreaties of friends.
Learned men, who had become my friends through conversations which we had had together, or benefits which I had bestowed upon them, sought to persuade me to draw together into one work the various utterances which it had been my duty to make, during my tenure of office, for the explanation of different affairs. They desired me to do this, in order that future generations might recognise the painful labours which I had undergone for the public good, and the workings of my own unbribed conscience. I then replied that their very kindness for me might turn out to my disadvantage, since the letters which their good-will found acceptable might to future readers seem insipid. I reminded them also of the words of Horace, warning us of the dangers of hasty publication.
Difficulty of writing.
'You see,' said I, 'that all require from me a speedy reply to their petitions; and do you think that I couch those replies in words which leave me nothing to regret hereafter? Our diction must be somewhat rude when there is no sufficient delay to enable the speaker to choose words which shall rightly express the precise shade of his meaning. Speech is the common gift of all mankind: it is embellishment (ornatus) alone which distinguishes between the learned and unlearned. The author is told to keep his writings by him for nine years for reflection; but I have not as many hours, hardly as many moments. As soon as I begin the petitioner worries me with his clamours, and hurries me too much to prevent my finishing cautiously, even if I have so begun my task. One vexes me past endurance by his interruptions and innuendoes; another torments me with the doleful tale of his miseries; others surround me with the mad shouts of their seditious contentions[193]. In such circumstances how can you expect elegance of language, when we have scarcely opportunity to put words together in any fashion? Even at night indescribable cares are flitting round our couch[194], while we are harassed with fear lest the cities should lack their supplies of food—food which the common people insist upon more than anything else, caring more for their bellies than for the gratification of their ears by eloquence. This thought obliges us to wander in imagination through all the Provinces, and ever to enquire after the execution of our orders, since it is not enough to tell our staff what has to be done, but the diligent administrator must see that it is done[195]. Therefore, I pray you, spare us your harmful love. I must decline this persuasion of yours, which will bring me more of danger than of glory.'
So I pleaded; but they plied me all the more with such arguments as these:
The Praefecture.
'All men have known you as Praefect of the Praetorian throne, a dignity which all other public employments wait upon like lacqueys. For from this high office, ways and means for the army are demanded; from this, without any regard for the difficulty of the times, the food of the people is required; on this, a weight of judicial responsibility is thrown, which would be by itself a heavy burden. Now the law, which has thrown this immense load on the Praefect's office, has, on the other hand, honoured him by putting almost all things under his control. In truth, what interval of leisure could you snatch from your public labours, when into your single breast flowed every claim which could be made on behalf of the common good of all?
The Quaestorship.
'We must add, moreover, that when you were on frequent occasions charged with the office of the Quaestorship, the leisure which you might have enjoyed was taken from you by your own constant thoughtfulness for the public good; and when you were thus bearing the weight of an honour which was not the highest, your Sovereigns used to lay upon you those duties, properly belonging to other offices, which their own holders were unable to discharge[196]. All these duties you discharged with absolute freedom from corruption, following your father's example in receiving, from those who hoped for your favour, nothing but the obligation to serve them, and bestowing on petitioners all that they had a right to ask for without traffic or reward.
Intimacy with Theodoric.
'Moreover, men know that the conversations which you were honoured by holding with the King occupied a large portion of your days, greatly to the public welfare[197], so that men of leisure have no right to expect that their requirements shall be met by you, whose day was thus occupied with continuous toil[198]. But in truth this will redound yet more to your glory, if amid so many and such severe labours you succeed in writing that which is worthy to be read. Besides, your work can without wounding their self-love instruct unlettered persons who are not prepared by any consciousness of eloquence for the service of the Republic[199]; and the experience which you have gained by being tossed to and fro on the waves of stormy altercation, they in their more tranquil lot may more fortunately make their own. Again (and here we make an appeal which your loyalty cannot resist), if you allow posterity to be ignorant of the numerous benefits conferred by your King, it is in vain that with benevolent eagerness he so often granted your requests. Do not, we pray, draw back once more into silence and obscurity those who, while you were sounding their eulogies, seemed worthy to receive illustrious dignities. For you then professed to describe them with true praises, and to paint their characters with the colours of history[200]. Now if you leave it to posterity to write the panegyric on these men, you take away as it were from those who die an honourable death the funeral oration to which, by the customs of our ancestors, they are entitled. Besides, in these letters you correct immorality with a ruler's authority; you break the insolence of the transgressor; you restore to the laws their reverence. Do you still hesitate about publishing that which, as you know, satisfies so many needs? Will you conceal, if we may say so, the mirror of your own mind, in which all ages to come may behold your likeness? Often does it happen that a man begets a son unlike himself, but his writings are hardly ever found unequal to his character[201]. The progeny of his own will is his truest child; what is born in the secret recesses of his own heart is that by which posterity will know him best.
Gothic History.
'You have often, amid universal acclamation, pronounced the praises of kings and queens. In twelve books you have compiled the History of the Goths, culling the story of their triumphs[202]. Since these works have had such favourable fortunes, and since you have thus served your first campaign in literature, why hesitate to give these productions of yours also to the public?'
Cassiodorus consents to publish.
So pleaded my friends, and to my shame I must own that I was conquered, and could no longer resist so many prayers; especially when I saw myself accused of want of affection. I have now only to crave my readers' pardon; and if they find rashness and presumption in my attempt, to blame my advisers rather than me, since my own judgment agrees with that of my severest critic.
All the letters, therefore, which I have been able to find in various public archives that had been dictated by me as Quaestor, as Magister [Officiorum], or as Praefect, are here collected and arranged in twelve books. By the variety of subjects touched upon, the attention of the reader will be aroused, and it will be maintained by the feeling that he is rapidly approaching the conclusion of the letter.
I have also wished to preserve others from those unpolished and hasty forms of speech into which I am conscious that I have often fallen in announcing the bestowal of dignities, a kind of document which is often asked for in such haste that there seems scarce time for the mere manual labour of writing it. I have therefore included in my [Sixth] and [Seventh] Books Formulae for the granting of all the dignities of the State, hoping thus to be of some service to myself, though at a late period of my career, and to help my successors who may be hard pressed for time. What I have thus written concerning the past will serve equally well for the future, since I have said nothing about the qualities of the individual office-holder, but have made such explanations as seemed suitable concerning the office.
Reason of the title Variarum.
As for the title of all twelve books, the index of the work, the herald of its meaning, the expression in briefest compass of the whole performance, I have for this chosen the name variae. And this, because it was necessary for me not always to use the same style, since I had undertaken to address various kinds of persons. One must speak in one way to men jaded with much reading; in another to those who skim lightly over the surface, tasting here and there; in another (if one would persuade them), to persons who are devoid of a taste for letters, since it is sometimes a proof of skill to avoid the very things which please the learned. In short, the definition given by our ancestors is a good one: 'To speak fitly is to persuade the hearers to accept your wishes for their own.' Nor was it at random that the prudence of Antiquity thus defined the three modes of speaking:—
The three styles of composition.
(1) The humble style, which seems to creep along the ground in the very expression of its thought.
(2) The middle style, which is neither swollen with self-importance nor shrunk into littleness; but being placed between the two, and enriched by a peculiar elegance, is contained within its own true boundaries.
(3) The supreme style, which by exquisite phraseology is raised to the very highest pitch of oratory.
The object of this distinction is that the various sorts and conditions of men may each receive their appropriate address, and that the thoughts which proceed from the same breast may nevertheless flow in divers channels. No man is entitled to the name of eloquent who is not prepared to do his duty manfully with the triple strength of these three styles, as one cause after another may arise. It must be added hereto that we have sometimes to speak to Kings, sometimes to the Officers of the Court, sometimes to the very humblest of the people. To the last we may allowably pour out our words with some degree of haste, but the other addresses should be deeply pondered before they are delivered. Deservedly therefore is a work entitled variae, which is subject to so much diversity in its composition.
Would that, as we have received these maxims from those who have gone before us, so our own compositions could claim the praise of having reduced them into practice. In sooth we do with shamefacedness promise that the Humble style shall be found in us; we think we may without dishonesty covenant for the Middle style; but the Supreme style, which on account of its nobility is the fitting language of a royal Edict[203], we cannot hope that we have attained unto.
But since we are to be read, let us abstain from further unlawful canvassing for the votes of our readers. It is an incongruous thing for us to be thus piling up our own discourses about ourselves: we ought rather to wait for your judgment on our work.
BOOK I.
CONTAINING FORTY-SIX LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF THEODORIC.
[1.] King Theodoric to Emperor Anastasius.
Persuasives to peace between Italy and Constantinople.
'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].'
[2.] King Theodoric to Theon, Vir Sublimis.
Manufacture of purple dye.
'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.'
[3.] King Theodoric to Cassiodorus, Vir Illustris and Patrician[214].
Praises of the father of Cassiodorus.
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.
[4.] King Theodoric to the Senate of the City of Rome.
[Introducing Cassiodorus (Senior) on his accession to the honours of the Patriciate.]
Great deeds of the ancestors of Cassiodorus for three generations.
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.'
[5.] King Theodoric to Florianus, Vir Spectabilis.
Interest reipublicae ut sit finis litium.
'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.'
[6.] King Theodoric to Agapitus, Praefectus Urbis.
[One of the MSS. reads Pontifici, but this is clearly wrong. The language is not at all suitable to be addressed to a Pope, and there was no Pope Agapetus till 535, nine years after the death of Theodoric.]
Mosaics ordered for Ravenna.
'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' [of which kind of work we have a very good description as follows].
(Cassiodorus on 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.'
[7.] King Theodoric to Felix, Vir Clarissimus.
This letter will be best understood by a reference to the following pedigree:
The inheritance of Plutianus.
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.
[8.] King Theodoric to Amabilis, the Collector (Exsecutor).
The prodigality of Neotherius.
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.'
[9.] King Theodoric to Eustorgius, Bishop of Milan.
Offences charged against Ecclesiastics.
'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.'
[The reflections in this letter about the impropriety of believing readily accusations against a Bishop[222], and the course adopted of handing over the clerical false accusers to be dealt with by their Bishop, have an obvious bearing on the great Hildebrandic controversy. But as Dahn ('Könige der Germanen' iii. 191) points out, there is no abandonment by the King of the ultimate right to punish an ecclesiastic.]
[10.] King Theodoric to Boetius[223], Vir Illustris and Patrician.
Frauds of the moneyers.
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.
This passage is quoted by Finlay ('Greece under the Romans,' p. 536, ed. 1857), but the difficulty is not removed by his remarks.
[11.] King Theodoric to Servatus, Duke of the Raetias.
Violence of the Breones.
'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 'If this proves to be a true complaint, see that justice is done, and speedily.' Bestowal of dignity of 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].' On the same subject. 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.' [Notice this sentence about the Senate: 'Whatever is the flower of the human race, the Senate ought to possess it: and as the citadel is the crown of the city, so should your order be the ornament of all other ranks.'] Collection of 'Tertiae.' '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.' [See Dahn ('Könige der Germanen' iii. 143), who decides that the 'Tertiae' was the pecuniary equivalent paid by the Roman possessor for that portion of the Sors Barbarica (the Gothic third of the lands of Italy) which, for convenience sake, was left in the actual occupation of Romans.] Looking after the interests of the absent. '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.' Remission of taxes. Hostile incursions. '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.' Fortification of camp near Dertona. '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.' Statute of Limitations. '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. Crimes of violence. '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.' [Theodoric crossed the Isonzo, August, 489, and as I understand this letter, it was written somewhere about 518, and he therefore lays down a convenient practical rule: 'No dispossession which occurred before I crossed the Isonzo shall be enquired into; any which have happened since, may.' But the letter is a very difficult one, and I am bound to say that Dahn's interpretation ('Könige der Germanen' iii. 11, 12) does not agree with mine.] The rights of the Fiscus. '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.' Circus quarrels. Patronage of the Greens. Rivalry between Helladius and Theodorus. '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.' Then follows a digression on pantomimes. Embellishment of Rome. '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!' Promotion of Marcellus. 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.' Litigation between Senators. '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.' A call to arms for the invasion of Gaul. '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.' [We can hardly be wrong in referring this stirring proclamation to the year 508, when Theodoric sent troops into Gaul to save the remnants of the Visigothic Monarchy from the grasp of Clovis. The first sentence recalls the expression 'certaminis gaudia,' which Jordanes no doubt borrowed from Cassiodorus. For the simile at the end of the letter, cf. Deuteronomy xxxii. 11, 'As an eagle stirreth up her nest'.] Repair of the walls of Rome. '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.' Immunity of Church property from taxation. 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.' Circus quarrels. '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.' [The mention of 'the Patrician Theodoric' is a difficulty, as we know of no namesake of the King among the Roman nobility. Perhaps we ought to read (with the Remensian MS.) 'Theodoro,' as we know from 'Anon. Valesii' 68 that there was a Theodorus, son of Basilius, who perhaps succeeded Liberius, Praef. Praetorio.] The walls of Rome. '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.' The Postal Service. '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.' 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.' [This letter, a very interesting and sensible one, is somewhat spoilt by a characteristic Cassiodorian sentence at the end:— 'Men in old time used always to fight with their fists, whence the word pugna, "a pugnis." Afterwards iron was introduced by King Belus, and hence came bellum, "a Belo."'] On the same subject. 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.' On the same subject. '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.' [Was there not some division in the Green Faction itself concerning the merits of Helladius and his rival Theodorus?] Arrangements for the Pantomime. '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.' Only the surplus of corn to be exported. '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.' Unreasonable delays. The sucking-fish and torpedo. '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].' Guardianship of children of Benedictus. '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.' Justifiable homicide. '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.' [It may be remarked that Candac, King of the Alani in Moesia, is mentioned in the pedigree of Jordanes ('Getica,' cap. 4).] The young Hilarius to be allowed to enter on possession of his property. '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."' [Notwithstanding his Roman name, Hilarius is evidently a Goth.] The nephews of Filagrius to be detained in Rome. '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.' The inhabitants of Salona to be drilled. '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. Enquiries into character of the younger Faustus. '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.' Artemidorus to be Praefect of the City. '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.' Promotion of Artemidorus. [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.' On the same subject. [On the same subject as [42] and [43], the elevation of Artemidorus to the Urban Praefecture.] 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. The water-clock and sundial destined for the Burgundian King. '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].' [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.' On the same subject. 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.' Consulship of Felix. '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]. [An important letter, as showing the extent to which concurrent choice of Consuls was vested in Rome, or rather Ravenna, and Constantinople.] On the same subject. 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 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.' [The letter makes one suspect a certain narrowness and coldness of heart in the subject of its praise.] On the same subject. 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. Collection of Siliquaticum. '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.' [The Siliquaticum was a tax of one twenty-fourth—the siliqua being the twenty-fourth of a solidus—payable on all sales in market overt by buyer and seller together.] Soldiers' arrears. '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.' [A singular letter to write in the name of one who was himself a Barbarian invader.] Embassy to Constantinople. '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.' Embellishment of the City. '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.' Compensation for damage done by troops on march. '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.' 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.' The abduction of Agapita. '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.' Gift obtained from Agapita under undue influence. [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.' [Probably, therefore, Probinus really is one of the 'Retentatores' referred to in [Letter 10], though this letter does not distinctly identify him with them.] Prohibition of export of lard. '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.' Dishonest conduct of Venantius. '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.' Romulus the parricide. '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.' Promotion of Venantius to Comitiva Domesticorum Vacans. '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.' On the same subject. This letter adds a little to the information contained in the [preceding] one, as to the career of Liberius, father of Venantius. Praises of Liberius. 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. Apportionment of Tertiae. '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.' Immunity from Tertiae enjoyed by lands granted by the King. '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."' [That is to say, the land given by the Gothic King to Butilian was to be itself, as a matter of course, free from Tertiae; but, in order that this might not throw a heavier burden on the other owners in the district, they were to be allowed to deduct the solidi of that portion from the gross amount payable by them on behalf of the whole district. Butilian's own immunity from Tertiae seems to be taken for granted as a result of the King's gift to him. (See Dahn, 'Könige der Germanen' iii. 145.)] Ecclesiastics as Curiales. 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.' [Did the alleged Curials, in such a case, wish to have their curiality or their quasi-ecclesiastical character established? Who can say?] Domestic treachery and murder. '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.' Provision-ships to follow movements of Theodoric's Court. '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.' [See Dahn, 'Könige der Germanen' iii. 282.] A concession too timidly acted upon. '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.' [We find in this letter a good motto for Theodoric's reign: 'Nos quibus cordi est in melius cuncta mutare.'] Ecdicius to be buried by his sons. '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.' [Apparently the sons of Ecdicius, not Ecdicius himself, had fallen into disgrace with Theodoric, or incurred some suspicion of disloyalty, which led to the rigorous order for their detention in Rome. See Dahn iii. 279-280.] Protection for owners of potteries. '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.' [What was the nature of the artifices to which they were exposed is not very clear.] Arrears of taxation due from Senators. '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].' [Referred to in the [preceding letter].] Evasion of taxes by the rich. 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]. 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. Regulations for corn-traffic of Southern Italy. 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. Rebuilding of Jewish Synagogue. 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.' Honours conferred on Stephanus on his retirement from the Civil Service. 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]. Protection to dependents of the Church. [Notice the Senatorial rank borne by a man with a Gothic name.] '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.' [Sequel to [last letter].] Freedom from taxation granted to Church of Milan. '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].' [It is easy to see how liable to abuse such an exception was. Who was to decide when this merchant was buying for the Church and when for himself; when the Church was buying for the poor and when for her own enrichment?] State Galleys on the Po. '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.' Drainage of marshes of Decennonium. '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.' [The Palus Decennonii is undoubtedly connected with the Decennovial Canal mentioned by Procopius ('De Bello Gotth.' i. 11), and so called because it flowed for nineteen miles alongside the Appian Way. In the Piazza at Terracina there is a very interesting inscription, recording the fact that Theodoric had ordered that nineteen miles of the Appian Way should be cleared of the waters which had accumulated round it, and had committed the work to Caecina Maurus Basilius Decius, 'Vir Clarissimus et Illustris, Ex-Praefectus Urbi, Ex-Praefectus Praetori, Ex-Consul Ordinarius et Patricius.' See 'Italy and her Invaders' iii. 348.] The same subject. 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. 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.' [We have here another Senator with a Gothic name]. 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.' [Refers to [previous letter].] The 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.' 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.' [The 'millena' probably means 1,000 solidi, or £600.] 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.' 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.' [The hot-springs of Abano, the ancient Aponum, are situated near the Euganean Hills, and are about six miles from Padua. The heat of the water varies from 77° to 185° (Fahr.). The chief chemical ingredients are, as stated by Cassiodorus, salt and sulphur. Some of the minute description of Cassiodorus (greatly condensed in the above abstract) seems to be still applicable; but he does not mention the mud-baths which now take a prominent place in the cure. On the other hand, the wonderful moral qualities of the spring are not mentioned by modern travellers.] 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. 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. 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.' 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]. [The campaign of Clovis against the Alamanni, referred to in this letter, is not mentioned by Gregory of Tours. Ennodius, however, in his Panegyric on Theodoric, and Agathias in his History, make distinct allusions to this event, and to Theodoric's reception of the vanquished Alamanni in his own dominions, probably in the valleys of Raetia. This letter is very fully discussed by Von Schubert, at pp. 32-43 of his 'Unterwerfung der Alamannen' (Strassburg, 1884). I may also refer to 'Italy and her Invaders' iii. 390-91. The date of the letter is probably about 504.] 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.' [The battle of Vouglé in which Alaric was overthrown by Clovis, was fought in 507; but the date of this letter is probably 506 (Dahn's date) rather than 507, as there were no doubt some premonitory symptoms before the war broke out. Binding i. 181 (n. 608), and Pallmann ii. 55 n. 1, and 135 n. 2, incline to a date somewhat earlier even than 506, thinking that there may have been earlier threatenings of war, which Theodoric succeeded for the time in averting. The earlier the date the better will it suit the allusion to Clovis (and Alaric) as 'Regii Juvenes' in the [following letter]. Clovis was born in 466, and was therefore 41 years of age at the battle of Vouglé.] 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. [It is remarkable that in this letter Theodoric, who was probably only 52, if the date of it be 506, and who may have been a year or two younger, speaks of himself along with Gundibad as a senex, and of Clovis, who could hardly be more than twelve years his junior, as regius juvenis. Perhaps this is partly due to the fact that Cassiodorus speaks from his own point of view. To him, now about 26 years of age, Theodoric might seem to be fitly described as 'senex.' See Binding i. 181-183 on this letter and the reasons why it produced no effect on Gundibad. See also Dahn ii. 144.] 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].' '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.' [The turn of the Thuringians to be swallowed up by the Frankish Monarchy came in 531. See on this letter Dahn, 'Könige der Germanen' ii. 144 and 8 n. 2; Pallmann ii. 55.] 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.' Importunus promoted to the Patriciate. [Importunus was Consul in 509. This letter therefore probably belongs to the early part of 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.' [See [preceding letter].] The 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.' 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.' Remissness of Venantius in collection of public revenue. [Venantius, son of Liberius, was, with many high commendations, made Comes Domesticorum in Letters [ii. 15] and [16]. See further as to his fall in [iii. 36], also [iii. 46].] '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.' [These 'Bina' and 'Terna' are a mystery; but Dahn[281] thinks they are not a specially Gothic tax, but an inheritance from the fiscal administration of Rome, having probably nothing to do with the Tertiae.] Marbles for Ravenna. 'We wish to build new edifices without despoiling the old[284]. But we are informed that in your municipality there are blocks of masonry and columns formerly belonging to some building now lying absolutely useless and unhonoured. If it be so, send these slabs of marble[285] and columns[286] by all means to Ravenna, that they may be again made beautiful and take their place in a building there.' The same subject. A similar order, for the transport of marbles from the Pincian Hill to Ravenna, by Catabulenses[287]. 'We have ordered a "subvectus" [assistance from the public postal-service?], that the labourers may set to work at once.' 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. [There is a sort of tone of apology for the appointment of Argolicus, which is perhaps accounted for by the fact, which comes out in the next letter, that his father was a comparatively poor man. See a sharp rebuke of Argolicus for venal procrastination, [iv. 29].] 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.' Sunhivad, Governor of Samnium. [Notice again the Roman title and Gothic name.] '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.' Accusations against the servants of a Bishop. 'You as a Bishop will be especially grieved to hear of any offences against the sanctity of the married state. Julianus complains that his wife has been outraged and his goods wasted by some of your servants [probably slaves]. 'Do you enquire into the matter, and if the complaint appears to be just, deal promptly and severely with the offenders.' [Cf. Dahn, 'Könige der Germanen' iii. 193, on this letter. He shows that it has been improperly appealed to as proving the immunity of all ecclesiastical persons from a secular tribunal. What Theodoric really intended was to give the Bishop a chance of settling the affair himself, and so to prevent the scandal of its appearing in the secular Courts, which it assuredly would do if the Bishop were apathetic. But one sees how easily this would glide into something like immunity from secular tribunals.] A contumacious person handed over to Theodahad. 'It is the extreme of insolence in anyone not to execute our "sacred orders." A certain person whom we commanded to attend before the judgment-seat of the Illustrious Sona, has with inveterate cunning withdrawn himself therefrom. We therefore hand him over to you, that your fame may grow by your skilful management of a difficult case like this.' 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."' [This is so like the words put by Sidonius into the mouth of Lyons, after Majorian's conquest of her, that I believe it to be intentionally imitated.] 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.' [Some of these reflections on the past misgovernment of Gentilitas hit the Visigoths, Theodoric's friends, harder than the Franks. If the Gaulish nobles of the south-eastern Provinces (and these were all that Theodoric had conquered) had long been obliged to hide the treasures of their fathers, that surely was the fault rather of Euric and Alaric II than of Clovis. Cf. Dahn, 'Könige der Germanen' iii. 261-2, on all this correspondence.] Magnus to be restored to his possessions. [Probably during his government of Gaul]. '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.' 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.' [Odovacar was buried εν λιθινη λαρνακι (Joann. Ant. fr. 214). The great stone coffins of Honorius and Valentinian will be remembered by every visitor to Ravenna.] Oppression of Castorius by Faustus. [Cf. Dahn, 'Könige der Germanen' iii. 86 and 113.] '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. 51], [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.' Disgrace and temporary exile of Faustus. 'As all men require change, Faustus is allowed to absent himself from the sacred walls of Rome for four months, which he may spend at his own Penates. The King expects, however, that he will then return to the most famous (opinatissima) City, from which no Roman Senator can long be absent without grief.' [Coupling this letter with its [immediate predecessor] it is difficult not to believe that Faustus is sent away in disgrace—notwithstanding the smooth words here used—for the act of injustice therein mentioned. But why is he only addressed as Vir Illustris, and not also as Praefectus? Perhaps his term of office was expired; perhaps he was even dismissed from it.] An earnest invitation to the King's friend, Artemidorus. 'We hereby [by these oracles] invite your Greatness to behold us, which we know will be most agreeable to you, in order that you who have now spent a large portion of your life with us may be satisfied by the sweetness of our presence. He who is permitted to share our converse deems it a Divine boon. We believe that you will come gladly, as we shall entertain you with alacrity.' [Cf. Dahn iii. 283-4. The ending of the letter (Venire te gaudentem credimus, quem alacriter sustinemus) is the common form, and 'sustineo' is a technical word for the King's reception of his subjects: see [iii. 28], ad finem.] 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.' [Cf. Muchar, 'Geschichte der Steiermark' iv. 131.] [Cf. Muchar, iv. 132.] 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.' 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.' Simeon's journey to Dalmatia. Commands him to provide all the necessaries for the journey of 'Clarissimus' Simeon, setting off for Dalmatia on the aforesaid mission to collect Siliquaticum and develop the iron mines. [Why is Simeon not called Illustris, as in the previous letter? This seems to show that the titles 'Clarissimus' and 'Illustris' were not always used with technical exactness, as they would have been under Diocletian.] 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."' An invitation to Cassiodorus Senior to come to Court. 'For your glorious services, and your incorruptible administration, which has given deep peace to the nation, we reward you by summoning you to Court. 'Having endeavoured to check another [probably alluding to the disgrace of Faustus], we have bestowed our praises on you, as all the Palace knows. Come then, come eagerly, as he should do whom his Sovereign is going to entertain[295].' 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].' 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.' 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."' [See [preceding letter] as to the commission entrusted to John, Theodoric's Clerk of the Works in Rome.] [Appointed Governor of the Gaulish Province in [Letter iii. 16].] 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.' Promotion of Armentarius and Superbus to post of Referendi Curiae. Armentarius (Clarissimus) and his son Superbus are to receive the privilege of Referendi Curiae[299]. Thus will the profession of the law be, as is most fitting, adorned with the honours of the Senate. Praises of Rhetoric. The man who has swayed the judges by his eloquence is sure to have a favouring audience in the Senate. 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 [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?] 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.] 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.' [This and the [preceding letter] look as if the fortunes of the house of Liberius (so greatly extolled in [ii. 15] and [16]) were passing under a cloud. See also [iii. 8], as to the disgrace of Venantius. This may have made the ex-Emperor anxious as to the validity of the settlement made through him.] 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.' 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.' 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.' 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.' Corn for the garrisons on the Durance. 'A burden borne in common is lightened, since only the edge as it were of the whole rests on the shoulders of each individual. We have ordered the corn for the army to be carried from the granaries of Marseilles to the forts upon the Durance. Let all unite in this toil. The willing labour of many brings a speedy end to the work.' [This letter, as showing that at least one if not both banks of the Durance were included in the Ostrogothic Monarchy in 511, has an important bearing on the geographical extent of the Burgundian Kingdom. See Exkurs vi. to Binding's 'Burgundisch-Romanische Königreich.' He makes the northern bank of the Durance belong to Burgundy, the southern to the Ostrogoths.] No part of Gaul to be called on for military contributions. 'Because the generosity of the Prince should even outrun the petitions of his subjects we repeal that part of a previous letter [[iii. 40]] which says that the unravaged portion of the Province of Gaul must pay the expenses of our soldiers. We will transmit to the Duces and Praepositi sufficient money to provide "alimonia nostris Gothis."' ['Praebendae,' near the end of this letter, seems to be used in a technical sense, almost equivalent to stipendia or annonae.] [No doubt a high officer in the Royal household.] 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.' 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.' 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.' 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. '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.' [A most illogical and unjust conclusion, by which the judgment of Venantius is in fact neither upheld nor reversed. And what the meaning of the concluding sentence may be it is impossible to conjecture. See Dahn, 'Könige der Germanen' iii. 107, on this absurd decision. On the subject of the misgovernment and disgrace of Venantius, cf. Letters [ii. 15], [16]; [iii. 8], [36]. Cf. also Procopius, 'De Bello Gotthico' iii. 18 and 22, as to his son Tullianus. In connection with the alleged misgovernment of Bruttii and Lucania by Venantius, remember the close connection of Cassiodorus himself with those Provinces.] 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.' 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.] Repair of '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.' [Some remains of the amphitheatre are still visible at Catania; not, however, so important as those of the theatre.] 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.' [Cf. [ii. 41] as to these Alamannic exiles. Possibly this letter as well as that refers to their expulsion by Clovis (cir. 504); but it seems more probable, as von Schubert suggests (pp. 52-54), that we have here to do with a removal of some of the Alamannic subjects of Theodoric from Raetia to Noricum, in order to guard the north-east frontier of the kingdom.] 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.' [Notwithstanding some absurdities, the above description of the Circus Maximus (which I have attempted to translate in full) is of great value, being, after that given by Dionysius of Halicarnassus, our chief authority on the subject. The accompanying plan (taken, with some slight variations, from Smith's 'Dictionary of Antiquities'), will, I trust, render it intelligible. Plan of Ancient Circus. It is well illustrated by the recently excavated 'Stadium of Augustus,' on the Palatine; but perhaps even better by a beautifully executed gem lately found at Chesters in Northumberland, on the site of the Roman station at Cilurnum. By the kindness of the owner, Mr. Clayton, I am able to give an enlarged copy of this gem, which is described in the 'Archaeologia Aeliana,' vol. x. pp. 133-137. The Circus Maximus, a magnified engraving of an intaglio on a carnelian signet-ring found at Cilurnum (Chesters in Northumberland) in 1882. The reader will easily discern the Spina with one obelisk (not two, as described by Cassiodorus) in the centre, the high tables supported by pillars on which the Ova and Delphini are placed, the three spindle-shaped columns which formed the Meta at each end, and the four quadrigae (four was the regular number for each missus) careering in front.] 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.' 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.' 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.' [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]. [Conferring upon him the dignity of 'Comitiva Patrimonii.'] Senarius made Comes 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. [Announcing the promotion of Senarius, conferred in the [preceding letter].] On the same subject. Describes the merits of the new Comes, who when young in years but mature in merit had entered the service of the Palace; his diplomatic career[331] and his moderation and reserve in the midst of success, although naturally 'joy is a garrulous thing,' and it is difficult for men who are carrying all before them to restrain the expression of their exaltation. Compliments to the Senate, who are invited to give a hearty welcome to the new comer. 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.' [It will be seen that in this letter there is no attempt to fix a maximum price, only to prescribe the kind of cargo, 'victuales species,' which is to be carried to Gaul.] 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].' 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. '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.' Transport of timber ordered for Alsuanum. 'You must not think anything which we order hard; for our commands are reasonable, and we know what you ought to do. Your Devotion is therefore to cut timber and transport it to Alsuanum[336], where you will be paid the proper price for it.' Tuitio regii nominis. [This letter is quoted by Dahn ('Könige der Germanen' iii. 117) as an illustration of 'tuitio regii nominis.'] '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.' 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.' Dispute between Possessores and Curiales. 'Let your Magnitude enquire into and decide promptly the dispute between the Possessores and Curiales of Velia.' [A conjectural emendation for Volienses.] 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.' [Theodoric says that in not hearing the case himself, but referring it to Marabad and Gemellus, he is following his usual practice, 'remittere ad statuta Divalium sanctionum;' that is, apparently, according to the Theodosian Code. See Dahn, 'Könige der Germanen' iv. 140, n. 2.] 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.' 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.' 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?' 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.' [It seems probable that Arigern was not appointed 'Praefectus Urbis,' because in Letter [iv. 22] he is associated as Comes with Argolicus, 'Praefectus Urbis.' Was he 'Comes Urbis Romae?'] [Cf. the name of our own Northumbrian King.] 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.' 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].' 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.' Land taken from the Church to be restored to it. 'If we are willing to enrich the Church by our own liberality, à 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.' 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.' 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]. [The association of the Quinque-viri with the Praefectus Urbis is a mark of the high rank of the accused. The Praefectus Urbis could not adjudicate on the crimes of Senators without five Assessors chosen by lot from that body. Arigern, who was entrusted (it is not quite clear in what capacity) with the 'Disciplina Romanae Civitatis,' is commissioned to bring the accused to trial. Baronius says that we do not hear whether they were ever re-captured.] Architectural restoration at Spoleto. Gives leave to pull down a porticus behind the Baths of Turasius at Spoleto, and to build some new edifice [perhaps a church] on its site and on the site of a yard (areola) adjoining it, on condition only that the building thus pulled down is of no public utility. Reflections on the duty of architectural restoration. [It is to be borne in mind that the Praefectus Urbis was the Official President of the Senate.] 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.' [[A Petrus, probably the same as the subject of this letter, was Consul in 516.]] Taxes remitted for a year. Confirms all privileges and immunities granted by previous Princes, and remits the taxes (censum) for one year, a boon which they had not dared to ask for. 'For that is perfect pietas, which before it is bent by prayer, knows how to consider the weary ones.' [Here, as in many other passages of Cassiodorus, pietas shows signs of passing into the Italian pietà (= pity).] Petrus assaulted by the Sajo who was assigned for his protection. [Duda was also a Sajo, as we see from [Letter 32]. Dahn ('Könige der Germanen' iv. 142, n. 3) thinks he was Comes Gothorum.] 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]. 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. 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.' [The MSS. of Cassiodorus waver between Curbae and Curiae in the above letter. Jordan ('Topographie der Stadt Rom.' i. 2. 258) inclines to the opinion that Porticus Curba denotes the Portico of the Secretarium of the Senate, on the site of the present Church of Sta. Martina. As the Curia immediately adjoined this building, there is practically but little difference between the two readings. In either case the fabricae were to be erected so as to overlook the north-west end of the Forum. It is admitted that the Domus Palmata was near the Arch of Septimius Severus.] 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.' The rights of the Crown to the property of the proscribed man, Tupha, to be asserted with moderation. '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." '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.' [The description of Tupha as 'proscriptus' makes it probable that we are dealing with that officer of Odovacar whose double treachery (489-490) so nearly caused the failure of Theodoric's invasion of Italy, and who finally fell in battle against his fellow-rebel, Frederic the Rugian. The only difficulty is the lapse of time since those events, as this letter was probably written not earlier than about 511; but that is in some degree met by the word quondam in the sentence quoted ([n. 1, p. 250]).] 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.' 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. 'Eacus is said to have discovered the use of gold, and Indus, King of the Scythians, that of silver. They are extremely useful metals.' An extravagant minor. Restitutio in integrum. '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' [For the restitutio in integrum, see Cod. Theod. ii. 16. 1, and vi. 4. 16. Nothing seems to be expressly said in this letter about the appointment of a Curator.] 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.' 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.' 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.] 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]. '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. '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.' 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. 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.'] 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. '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.' 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]. '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. '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.' 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].' The Heruli to be forwarded on their way to Ravenna. [It is not easy to see why this order should be addressed to the inhabitants of Ticinum. Had the Heruli crossed the Alps by some pass near the modern Simplon?] 'We have ordered the Heruli, who are suppliants to us, to come to our Comitatus at Ravenna. 'Provide them promptly with ships of provisions for five days, that they may at once see the difference between Italy and their own hungry country[359].' The case of the wife of Liberius to be reheard. 'The Spectabilis Liberius[360] complains that his wife has had an unjust judgment given against her in your Court. Try the case over again, associating with yourself arbitrators chosen by both parties. If it cannot so be ended, let them appoint properly instructed persons to represent them at our Comitatus, if they cannot come themselves.' 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. '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). '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.' 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.' 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.' 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.' 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. 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. 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.' The Haesti, dwellers by the Baltic. Their present of amber. [These are the Aestii of Tacitus, dwelling in or on the south border of the country which is still called Esthonia. Tacitus also mentions their quest of amber[374].] '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.' [The collection of amber is also noticed by Pliny ('Nat. Hist.' 37. 2). It is interesting to observe that he there, on the authority of Pytheas, attributes to the Guttones dwelling on the Baltic shore the collection of amber, and its sale to the Teutones. These Guttones were, if we are right in accepting Jordanes' account of the Gothic migrations, themselves ancestors of the Ostrogoths.] 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. Duties of the Quaestorship. 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.' 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. 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]. '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.' [Dahn ('Könige der Germanen' iii. 277) remarks on this letter: 'But even the well-meaning Theodoric takes steps in the interests of substantial justice which from a juristic point of view it would be hard to justify.... Evidently here the King, in his consideration of what was practically just, has decided according to caprice, not according to right; for the Fiscus could strictly only be repaid its debt out of the property of the defaulter, and hold the Arcarius (Joannes) responsible for the balance' (for which Dahn thinks he had already made himself liable). I do not quite agree with this view. It seems to me that Thomas was hopelessly bankrupt (the debt was 10,000 solidi, not 1,000, as stated by Dahn), and the Fiscus virtually sells the bankrupt's estate to his son-in-law, for him to make of it what he can.] 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.' 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.' 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.' [Does this payment of three solidi mean per head? That would be an enormously high rate of pay. Sartorius (p. 289) feels the difficulty so strongly that he suggests that this was the pay given to the whole troop, whose number was not large; but 'multitudo' seems hostile to this hypothesis[383]. Possibly the high cost of provisions in the Alpine mountain-country may help to explain this unheard-of rate of pay to common soldiers.] 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.' [The republication of this letter at the close of his official life shows what was Cassiodorus' opinion of Theodahad, though he had served under him.] 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.' 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.' [A long and interesting letter, but with some obscure passages.] 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.' 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.' On the 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.' 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.' 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 office which in the Theodosian Code is called Judex Decuriarum seems here to be called Rector.] 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.' 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.' [The place to which this expedition was directed does not seem to be stated.] 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.' Bacauda receives the office of Tribunus Voluptatum for life. 'By way of support for your declining years we appoint you, for life, Tribunus Voluptatum [Minister of Public Amusement] at Milan. 'It is a new principle in the public service[396] to give any man a life-tenure of his office; but you will now not have to fear the interference of any successor, and your mind being at ease about your own future, you will be able to minister to the pleasures of the people with a smiling face.' 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.' 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.' Invitation to Court. 'Granting your request, and also satisfying our own desire for your companionship, we invite you to our Court.' 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.' 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.' [For the career of Decoratus see [v. 3] and [4].] 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.' [The arrears are said to be for the 8th, 9th, 11th, 1st, 2nd, and 15th Indictiones; i.e. probably for the years 500, 501, 503, 508, 509, 507. I cannot account for this curious order in which the years are arranged, which seems to suggest some corruption of the text. Probably this letter was written about 509.] [See remarks on this letter in Dahn ('Könige der Germanen' iv. 149-152); he claims it as a proof that Gothic law still existed for the Goths in Italy.] 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.' [Containing the explanation of Procula's violence to Regina]. 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.' [If these laws were, as is probable, those contained in the Edictum Theodorici, the punishment for both the guilty parties was death, § 38, 39.] 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.' 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:[12.] King Theodoric to Eugenius (or Eugenites)[225], Vir Illustris, Magister Officiorum.
[13.] King Theodoric to the Senate of the City of Rome.
[14.] King Theodoric to Faustus, [Praepositus].
[15.] King Theodoric to Festus, Vir Illustris and Patrician.
[16.] King Theodoric to Julianus, Comes Patrimonii [probably 508].
[17.] King Theodoric to all the Gothic and Roman Inhabitants of Dertona (Tortona).
[18.] King Theodoric to Domitianus and Wilias.
[19.] King Theodoric to Saturninus and Verbusius, Viri Sublimes.
[20.] King Theodoric to Albinus and Albienus, Viri Illustres and Patricians.
[21.] King Theodoric to Maximian, Vir Illustris; and Andreas, Vir Spectabilis.
[22.] King Theodoric to Marcellus, Vir Spectabilis, Advocatus Fisci.
[23.] King Theodoric to Coelianus and Agapitus, Viri Illustres and Patricians.
[24.] King Theodoric to all the Goths.
[25.] King Theodoric to Sabinianus, Vir Spectabilis.
[26.] King Theodoric to Faustus, [Praepositus].
[27.] [ King Theodoric to Speciosus.]
[28.] King Theodoric to all the Goths and Romans.
[29.] [ King Theodoric to all the Lucristani (Lustriani?) on the River Sontius (Isonzo).]
[30.] King Theodoric to the Senate of the City of Rome.
[31.] King Theodoric to the Roman People.
[32.] King Theodoric to Agapitus, Vir Illustris, Praefectus Urbis.
[33.] King Theodoric to Agapitus, Vir Illustris, Praefectus Urbis.
[34.] King Theodoric to Faustus, [Praepositus].
[35.] King Theodoric to Faustus, [Praepositus].
[36.] King Theodoric to Theriolus, Vir Spectabilis.
[37.] King Theodoric to Crispianus.
[38.] King Theodoric to Baion, [242].
[39.] King Theodoric to Festus, Vir Illustris and Patrician.
[40.] King Theodoric to Assuin (or Assius), Vir Illustris and Comes.
[41.] King Theodoric to Agapitus, Vir Illustris, Praefectus Urbis.
[42.] King Theodoric to Artemidorus, Vir Illustris and Patrician [509 or 524].
[43.] King Theodoric to the Senate of the City of Rome.
[44.] King Theodoric to the People of Rome.
[45.] King Theodoric to Boetius, Vir Illustris and Patrician.
[46.] King Theodoric to Gundibad [sic], King of the Burgundians.
BOOK II.
CONTAINING FORTY-ONE LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF THEODORIC.
[1.] King Theodoric to Anastasius, Most Pious Emperor. a.d. 511.
[2.] King Theodoric to Felix, Vir Illustris, Consul Ordinarius, a.d. 511 (4th of the Indiction).
[3.] King Theodoric to the Senate. a.d. 511.
[4.] King Theodoric to Ecdicius (or Benedictus), Vir Honestus.
[5.] King Theodoric to Faustus, [Praepositus].
[6.] King Theodoric to Agapitus, Illustris and Patrician.
[7.] King Theodoric to Sura (or Suna), Illustris and Comes.
[8.] King Theodoric to Bishop Severus, Vir Venerabilis.
[9.] King Theodoric to Faustus, [Praepositus].
[10.] King Theodoric to Speciosus, Vir Devotus, Comitiacus [Officer of the Court].
[11.] King Theodoric to Provinus (Probinus?), Illustris and Patrician.
[12.] King Theodoric to the Count of the Siliquatarii (Customs Officers), and to him who has the Care of the Harbour (of Portus?).
[13.] King Theodoric to the Sajo[253] Fruinarith.
[14.] King Theodoric to Symmachus, Patrician.
[15.] King Theodoric to Venantius, Vir Illustris.
[16.] King Theodoric to the Senate of the City of Rome.
[17.] To the Possessors, Defensors, and Curials[256] of the City of Tridentum (Trient).
[18.] King Theodoric to Bishop Gudila.
[19.] [ King Theodoric to all the Goths and Romans, and those who keep the Harbours and Mountain-Fortresses (Clusuras).]
[20.] King Theodoric to the Sajo [Unigilis] (or Wiligis).
[21.] King Theodoric to Joannes the Apparitor.
[22.] King Theodoric to Festus, Vir Illustris and Patrician.
[23.] King Theodoric to Ampelius, Despotius, and Theodulus, [Senators].
[24.] King Theodoric to the Senate of the City of Rome.
[25.] An Edict of King Theodoric.
[26.] King Theodoric to Faustus, Praetorian Praefect.
[27.] King Theodoric to all the Jews living in Genoa.
[28.] King Theodoric to Stephanus, '[Senator], Comes Primi Ordinis, and ex-princeps of our Officium[263].'
[29.] King Theodoric to Adila, [Senator] and Comes.
[30.] King Theodoric to Faustus, Praetorian Praefect.
[31.] King Theodoric to the Dromonarii [Rowers in Express-boats].
[32.] King Theodoric to the Senate of the City of Rome.
[33.] King Theodoric to Decius, Illustris and Patrician.
[34.] King Theodoric to Artemidorus, Praefect of the City.
[35.] King Theodoric to Tancila, [Senator].
[36.] Edict about the Statue at Como.
[37.] King Theodoric to Faustus, Praetorian Praefect.
[38.] King Theodoric to Faustus, Praetorian Praefect.
[39.] King Theodoric to Aloisius the Architect.
[40.] King Theodoric to Boetius the Patrician.
Amphion.
Musaeus.[41.] King Theodoric to Luduin [Clovis], King of the Franks.
BOOK III.
CONTAINING FIFTY-THREE LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF THEODORIC.
[1.] King Theodoric to Alaric, King of the Visigoths.
[2.] King Theodoric to Gundibad, King of the Burgundians.
[3.] King Theodoric to the Kings of the Heruli, Warni (Guarni), and Thuringians.
[4.] King Theodoric to Luduin (Ludwig, or Clovis), King of the Franks.
[5.] King Theodoric to Importunus, Vir Illustris and Patrician.
[6.] King Theodoric to the Senate on Importunus' Accession to the Patriciate.
[7.] King Theodoric to the Venerable Januarius, Bishop of Salona.
[8.] King Theodoric to Venantius, [Senator], Corrector of Lucania and Bruttii.
[9.] King Theodoric to the Possessores, Defensores, and Curiales[282] dwelling at Aestunae[283].
[10.] King Theodoric to the Illustrious Festus, Patrician.
[11.] King Theodoric to Argolicus, Vir Illustris [a.d. 510].
[12.] King Theodoric to the Senate of the City of Rome.
[13.] King Theodoric to Sunhivad, [Senator].
[14.] King Theodoric to the Venerable Bishop Aurigenes.
[15.] King Theodoric to Theodahad, [Senator][289].
[16.] King Theodoric to Gemellus, [Senator] (509-510).
[17.] King Theodoric to all the Gaulish [Provinces] (510).
[18.] King Theodoric to Gemellus.
[19.] King Theodoric to Daniel
[20.] King Theodoric to the Sajo Grimoda and to the Apparitor Ferrocinctus.
[21.] King Theodoric to Faustus, Vir Illustris.
[22.] King Theodoric to Artemidorus, Vir Illustris.
[23.] King Theodoric to Colossaeus, Vir Illustris and Comes (cir. a.d. 505).
[24.] King Theodoric to all the Barbarians and Romans settled in Pannonia.
[25.] King Theodoric to Simeon, Vir Illustris and Comes.
[26.] King Theodoric to Osun, Vir Illustris and Count.
[27.] King Theodoric to Joannes, [Senator], Consular of Campania.
[28.] King Theodoric to Cassiodorus, Vir Illustris and Patrician[294].
[29.] King Theodoric to Argolicus, Illustris and Praefect of the City.
[30.] King Theodoric to Argolicus, Illustris and Praefectus Urbis.
[31.] King Theodoric to the Senate of the City of Rome.
[32.] King Theodoric to Gemellus, [Senator]. a.d. 511.
[33.] King Theodoric to Argolicus, Illustris, Praefect of the City.
[34.] King Theodoric to the Inhabitants of Massilia.
[35.] King Theodoric to Romulus.
[36.] King Theodoric to the Illustrious Count Arigern.
[37.] King Theodoric to Bishop Peter.
[38.] King Theodoric to Wandil [Vuandil[301]].
[39.] King Theodoric to Felix, Illustris and Consul (a.d. 511).
[40.] King Theodoric to all the Provincials settled in Gaul.
[41.] King Theodoric to Gemellus, [Senator] [Governor of Gothic Gaul[302]].
[42.] King Theodoric to all the Provincials in Gaul.
[43.] King Theodoric to Unigis, the Sword-bearer [Spatarius].
[44.] King Theodoric to all the Landowners [Possessores] of Arles.
[45.] King Theodoric to Arigern, Illustris and Count.
[46.] King Theodoric to Adeodatus.
Illogical decision in the case of Adeodatus.[47.] King Theodoric to Faustus, Praetorian Praefect.
[48.] King Theodoric to all Goths and Romans living near the Fort of Verruca[304].
[49.] King Theodoric to the Honoured Possessores, Defensores, and Curiales of the City of Catana.
[amphitheatre]
of Catana.[50.] King Theodoric to the Provincials of Noricum.
[51.] King Theodoric to Faustus, Praetorian Praefect.
[52.] King Theodoric to the Illustrious Consularis.
[53.] King Theodoric to the Illustrious Apronianus, Count of the Private Domains.
BOOK IV.
CONTAINING FIFTY-ONE LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF THEODORIC.
[1.] King Theodoric to Herminafrid, King of the Thuringians.
[2.] King Theodoric to the King of the Heruli.
[3.] King Theodoric to Senarius, Vir Illustris, Comes.
[4.] King Theodoric to the Senate of the City of Rome.
[5.] King Theodoric to Amabilis, Vir Devotus[332] and Comes.
[6.] King Theodoric to Symmachus, Vir Illustris, Patrician.
[7.] King Theodoric to Senarius, Vir Illustris, Comes Privatarum.
[8.] King Theodoric to the honoured Possessores and Curiales of Forum Livii (Forli).
[9.] King Theodoric to Osuin, Vir Illustris and Comes.
[10.] King Theodoric to Joannes, [Senator] and Consularis of Campania.
[11.] King Theodoric to Senarius, Vir Illustris and Comes.
[12.] King Theodoric to Marabad, Vir Illustris and Comes; and Gemellus, [Senator].
[13.] King Theodoric to Senarius, Vir Illustris, Comes Privatarum.
[14.] King Theodoric to the Sajo Gesila.
[15.] King Theodoric to Benenatus, [Senator].
[16.] King Theodoric to the Senate of the City of Rome.
[17.] King Theodoric to [Ida], Vir Sublimis and Dux.
[18.] King Theodoric to Annas, [Senator] and Comes.
[19.] King Theodoric to Gemellus, [Senator].
[20.] King Theodoric to Geberich, [Senator].
[21.] King Theodoric to Gemellus, [Senator].
[22.] King Theodoric to Argolicus, Vir Illustris and Praefect of the City;
and
[23.] King Theodoric to Arigern, Vir Illustris and Comes.
[24.] King Theodoric to Elpidius, Deacon [of Spoleto].
[25.] King Theodoric to Argolicus, Vir Illustris, Praefectus Urbis.
[26.] King Theodoric to all the Citizens of Marseilles[345].
[27.] King Theodoric to the Sajo Tezutzat,
and
[28.] King Theodoric to Duda, [Senator] and Comes.
[29.] King Theodoric to Argolicus, Vir Illustris, Praefect of the City.
[30.] King Theodoric to Albinus, Vir Illustris and Patrician.
[31.] King Theodoric to Aemilianus, Vir Venerabilis, Bishop.
[32.] King Theodoric to Duda the Sajo.
[33.] King Theodoric to all the Jews of Genoa.
[34.] King Theodoric to Duda the Sajo.
[35.] King Theodoric to the Representatives (Actores) of Albinus.
[36.] King Theodoric to Faustus, Praetorian Praefect. a.d. 509-510.
[37.] King Theodoric to the Illustrious Woman Theodagunda.
[38.] King Theodoric to Faustus, Praetorian Praefect.
[39.] King Theodoric to Theodahad, Vir Illustris [and Nephew of the King].
[40.] King Theodoric to the Representatives (Actores) of Probinus.
[41.] King Theodoric to Joannes, Arch-physician.
[42.] King Theodoric to Argolicus, Praefect of the City.
[43.] [ King Theodoric to the Senate of the City of Rome.]
[44.] King Theodoric to the Venerable Antonius, Bishop of Pola.
[45.] King Theodoric to the Comites, Defensores, and Curiales of Ticinum (Pavia).
[46.] King Theodoric to Marabad, Vir Illustris.
[47.] King Theodoric to Gudisal the Sajo.
[48.] King Theodoric to Eusebius, Vir Illustris.
[49.] King Theodoric to all the Provincials and the Long-haired Men[364], the Defensores and the Curiales residing in Suavia[365].
[50.] King Theodoric to Faustus, Praetorian Praefect.
[51.] King Theodoric to Symmachus, Patrician[368].
BOOK V.
CONTAINING FORTY-FOUR LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF THEODORIC.
[1.] King Theodoric to the King of the Vandals[370].
[2.] King Theodoric to the Haesti.
[3.] King Theodoric to Honoratus, Vir Illustris, Quaestor.
[4.] King Theodoric to the Senate of the City of Rome.
[5.] King Theodoric to the Sajo Mannila.
[6.] King Theodoric to Stabularius, Comitiacus[381].
[7.] King Theodoric to Joannes, Vir Clarissimus, Arcarius [Treasurer].
[8.] King Theodoric to Anastasius the Consular.
[9.] King Theodoric to the Possessores of Feltria.
[10.] King Theodoric to the Sajo Veranus.
[11.] King Theodoric to the Gepidae, on their March to Gaul.
[12.] King Theodoric to Theodahad, Vir Illustris [Nephew of the King].
[13.] King Theodoric to Eutropius and Acretius.
[14.] King Theodoric to Severi(a)nus[385], Vir Illustris (514-515).
[15.] King Theodoric to all the Possessores in Suavia.
[16.] King Theodoric to Abundantius, Praetorian Praefect.
[17.] King Theodoric to Abundantius, Praetorian Praefect.
[18.] King Theodoric to Uvilias [Willias?], Vir Illustris and Count of the Patrimony.
[19.] King Theodoric to Gudinand, a Sajo.
[20.] King Theodoric to Avilf, a Sajo.
[21.] King Theodoric to Capuanus, [Senator].
[22.] King Theodoric to the Senate of the City of Rome.
[23.] King Theodoric to Abundantius, Praetorian Praefect.
[24.] King Theodoric to the [Senator] Epiphanius, Consularis of Dalmatia.
[25.] King Theodoric to Bacauda[395], Vir Sublimis.
[26.] King Theodoric to all the Goths settled in Picenum and Samnium.
[27.] King Theodoric to Guduim, Sajo.
[28.] King Theodoric to Carinus, Vir Illustris.
[29.] King Theodoric to Neudes, Vir Illustris.
[30.] King Theodoric to Gudui[m], Vir Sublimis [and Dux].
[31.] King Theodoric to [Decoratus], Vir Devotus (?).
[32.] King Theodoric to Brandila (cir. 508-9).
[33.] King Theodoric to Duke Wilitanch.
[34.] King Theodoric to Abundantius, Praetorian Praefect.
[35.] King Theodoric to Count Luvirit, and Ampelius.
| '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.'
[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].'
[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]?'
[38.] King Theodoric to all Cultivators[407].
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].'
[39.] King Theodoric to Ampelius and Liveria[410].
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 τελωνης, 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].'
[This very long letter is one of great importance, but also of great difficulty.]
[40.] King Theodoric to Cyprian, Count of the Sacred Largesses.
[This Cyprian is the accuser of Albinus and Boethius.]
[41.] King Theodoric to the Senate of the City of Rome.
[On Cyprian's appointment to the above office, 524.]
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.
[For further remarks on this letter—a very important one, as bearing on the trial of Boethius—see [viii. 16]. The third Indiction might mean either 509-510 or 524-525; but the statement of '[Anomymus] Valesii,' that Cyprian was still only Referendarius at the time of his accusation of Albinus, warrants us in fixing on the later date. This makes the encomiums conferred in this letter more significant, since they must have been bestowed after the delation against Albinus and Boethius. Probably it was during Cyprian's embassy to Constantinople (described in this letter) that he discovered these intrigues of the Senators with the Byzantine Court, which he denounced on his return.]
[42.] King Theodoric to Maximus, Vir Illustris, Consul.
[Flavius Anicius Maximus was Consul a.d. 523.]
Rewards to performers in the Amphitheatre.
'If singers and dancers are to be rewarded by the generosity of the Consul, à 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.']
[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.'
[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.'
BOOK VI.
CONTAINING TWENTY-FIVE FORMULAE[422].
[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.'
[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.'
[3.] Formula of the Praetorian Praefecture.
[On account of the importance of the office a translation of the whole formula is here attempted, though with some hesitation on account of its obscure allusions.]
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.'
[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.'
[5.] Formula of the Quaestorship.
[This letter is particularly interesting, from the fact that it describes Cassiodorus' own office, that which he filled during many years of the reign of Theodoric, and in virtue of which he wrote the greater part of his 'Various Letters.']
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.'
[6.] Formula of the Magisterial Dignity, and its Excellency (Magister Officiorum).
[The dignity and powers of the Master of the Offices were continually rising throughout the Fourth and Fifth Centuries at the cost of the Praetorian Praefect, many of whose functions were transferred to the Master.]
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].'
[We learn from Lydus how intense was the jealousy of the grasping and aspiring Magistriani felt by the Praefect's subordinates; and we may infer from this passage that Cassiodorus thought that there was some justification for this feeling.]
'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?'
[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.
'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.'
[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.'
[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.'
[10.] Formula by which Men are made Proceres per Codicillos Vacantes.
[Bestowal of Brevet-rank on persons outside the Civil Service.]
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.'
[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[447].
'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.'
[12.] Formula for the Bestowal of a Countship of the First Order, without Office.
[A similar honour to that which is conferred on an English statesman who, without receiving any place in the Ministry, is 'sworn of the Privy Council.']
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.'
[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.'
[This letter will be found well worth studying in the original, as giving a picture of the kind of opposition met with by the men who were charged with the execution of the orders of the Rectores Provinciarum, and whose functions were themselves partly judicial, varying between those of a Master in Chancery and those of a Sheriff's officer. Throughout, the Civil Service is spoken of in military language. The officer is called miles, and his duty is excubiae.]
[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.'
[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.'
[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.'
[17.] Formula of the Referendarii.
Referendarii.
[We have no word corresponding to this title. Registrar, Referee, Solicitor, each expresses only part of the duties of the Referendarius, whose business it was, on behalf of the Court, to draw up a statement of the conflicting claims of the litigants before it. See the interesting letters ([v. 40] and [41]) describing the useful services rendered in this capacity by Cyprian in the King's Court of Appeal. His duties seem to have been very similar to those which in the Court of the Praetorian Praefect were discharged by the officer called Ab Actis (See p. [107]).]
'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].'
[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.'
[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.'
[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.'
[21.] Formula of the Governor (Rector) of a Province.
[The distinction between the powers of a Rector and those of a Consularis seems to have been very slight, if it existed at all; but the dignity of the latter office was probably somewhat the greater.]
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.'
[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.'
[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.'
[24.] Formula addressed to the Gentlemen-Farmers (or the Titled Cultivators) 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].'
[25] is entitled, 'Formula de Comitiva Principis Militum;' but this is evidently an inaccurate, or at least an insufficient title.
Doubtful.
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].
BOOK VII.
CONTAINING FORTY-SEVEN FORMULAE.
[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.'
[2.] Formula of a Praeses.
[The Praeses had practically the same powers as the Consularis ([v. 20]) and the Rector ([v. 21]), but occupied a less dignified position, being only a 'Perfectissimus,' not a 'Clarissimus[463].']
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.'
[3.] Formula of the Count of the Goths in the several Provinces.
Comitiva Gothorum per singulas Provincias.
[Dahn remarks ('Könige der Germanen' iv. 157): 'We must go thoroughly into the question of this office. The Comes Gothorum is the most important, in fact almost the only new dignity in the Gothic State, and the formula of his installation is the chief proof of the coexistence of Roman and Gothic law in this kingdom.' I have therefore translated this formula at full length.]
'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.'
[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.'
[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.'
[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.'
[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.'
[8.] Formula of the Praefect of the Watch of the City of Ravenna.
Praefectus Vigilum Urbis Ravennatis.
Contains the same topics as the [preceding formula], rather less forcibly urged, and with no special reference to the City of Ravenna.
An exhortation at the end not to be too hasty, nor to shed blood needlessly, even when dealing with thieves.
[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.'
[10.] Formula of the Tribunus Voluptatum.
Tribunus Voluptatum.
[Minister of public amusements, the Roman equivalent to our 'Lord Chamberlain' in that part of his office which relates to the control of theatres.]
'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.'
[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.'
[12.] Formula of the Curator of a City.
Curator Civitatis.
[The Defensor and Curator had evidently almost equivalent powers, but with some slight difference of dignity. They cannot both have existed in the same city. It would be interesting to know what decided the question whether a city should have a Defensor or a Curator.]
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.'
[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.'
[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.'
[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.'
[16.] Formula of the Count of the Islands of Curritana and Celsina.
Comitiva Insulae Curritanae et Celsinae.
[Celsina, from the place in which it is mentioned in the 'Itinerary' of Antonine (516), was probably one of the Lipari Islands. Curritana must have been near it but is not further identified.]
'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.'
[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.'
[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.'
[19.] Formula addressed to the Praetorian Praefect concerning the Armourers.
Ad Praefectum Praetorio de Armorum Factoribus.
Announces to the Praefects the appointment conferred in the preceding letter, and repeats that to supply inferior arms to soldiers is an act of treason. The workmen are to receive their just consuetudines [wages].
[20] and [21.] Formula as to the Collection of Bina and Terna:
(1) If collected by the Judge himself;
(2) If collected by his Officium.
Binorum et Ternorum: (xx.) si per Judicem [aguntur]; (xxi.) si per Officium [aguntur].
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.
[22.] Formula of Exhortation addressed to the two Scriniarii referred to in Formula 21.
Commonitorium illi et illi Scriniariis.
'Your day of promotion is come. Proceed to such and such a Province, in order that you may assist the Judex and his staff in collecting the Bina and Terna, before the first of March, and may forward them without delay to the Count of Sacred Largesses. Let there be no extortion from the cultivator, no dishonest surrender of our rights.'
[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.'
[24.] Formula of the Princeps of Dalmatia.
Princeps Dalmatiarum.
[The Princeps, as observed on [p. 96], seems to have practically disappeared from the Officium of the Praefectus Praetorio. Here, however, we find a Provincial Princeps whose rank and functions are not a little perplexing. It seems probable that, while still nominally only the chief of a staff of subordinates, he may, owing to the character of the superior under whom he served, have practically assumed more important functions. That superior in this case was a Comes, whose military character is indicated by the first letter of this book. The Princeps was therefore virtually the Civil Assessor of this officer.
The Comes under Theodoric would generally be a Goth; the Princeps must be a Roman and a Jurisconsult. The business of the former was war and administration; that of the latter, judgment, though his decisions were apparently pronounced by the mouth of the Comes, his superior in rank.]
'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.'
[25.] Formula recommending the Principes[480] to the Comes.
Ad Commendandos Comiti Principes.
'It is our glory to see you '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].' 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.' Honorati Possessores et Curiales. 'As one must rule and the rest obey, we have for this Indiction conferred the Countship of your City on A B, that he may hear your causes and give effect to our orders.' [Apparently this letter and the [preceding] relate to the same appointment. The words 'secundi ordinis' are not added to the title of the new Count when his fellow-citizens are informed of it.] Princeps Militum Comitivae. 'Judge and Court Officer (Praesul and Miles) are terms which involve one another. The officers of the Court have no right to exist, without the Judge; he is powerless without them to execute his commands. We therefore think it well to inform you of our appointment of A B as Count over your body[485]. It is no light benefit that so long as you attend to your duty[486] you are allowed to elect the examiners.' 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.' 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.' [Who this Tribune was—since the Tribunus Voluptatum is apparently out of the question—and how his jurisdiction fitted in to that of other officers, Manso (p. 362) deems it impossible to decide, nor can I offer any suggestion.] 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.' 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.' 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.' Formula Evocatoria quam Princeps dirigit. 'We summon you by these presents to our Comitatus, that you may have an extraordinary pleasure. Be brisk therefore, and come on such a day to such a city. Our Palace longs for the presence of good men, and God puts it into our hearts to give them a cordial reception.' Formula Evocatoria quae petenti conceditur. 'It is a sign of a good conscience to seek the presence of a just ruler; it is only good deeds that crave the light of the sun. Come then speedily. We consider our own glory augmented when we see noble men flocking to our obedience.' 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.' 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.' 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.' Tuitio Regii nominis. '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.' [This important letter is commented upon at some length by Dahn ('Könige der Germanen' iii. 125-127). I am not sure that he is right in stating that Tuitio against a Goth would necessarily be given by means of a Sajo, though evidently this was often the rank of the officer employed.] De Matrimonio confirmando et liberis legitime constituendis. '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.' [Some of the maxims of this letter can hardly have obtained the approval of the author after he 'entered religion.'] Aetatis venia. '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.' Edictum ad Quaestorem, ut ipse spondere debeat qui Sajonem meretur. '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.' Probatoria Cartariorum. 'At the suggestion of the Tribune of the Cartarii—to whom the whole office pays fitting reverence—we bestow upon you the title of a Cartarius. Flee avarice and avoid all unjust gains.' [This letter gives no information as to the duties of a Cartarius, or, as he is called in the Codes, Cartularius.] De Competitoribus. '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].' 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].' 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.' 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]?' The accession of Athalaric announced to the Emperor Justin. [Some MSS. read Justiniano, but there can be no doubt that Justino is the right reading. Athalaric's accession took place August 30, 526; the death of Justin, August 1, 527. Justinian was associated with his uncle in the Empire, April 1, 527.] '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.' 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.' 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.' To the Romans in Italy and Dalmatia. 'He who hears of a change in the ruler is apt to fear that it may be a change for the worse; and a new King who makes no kind promises at his accession is supposed to be harbouring designs of severity. We therefore inform you that we have received the oaths of Goths and Romans and are ready to receive yours, which we doubt not you will willingly offer.' [The rest as in the preceding letters.] 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].' To the Governor of Gaul. 'You will be grieved to hear of the death of our lord and grandfather of glorious memory, but will be comforted in learning that he is succeeded by his descendant. Thus, by God's command, did he arrange matters, associating us as lords in the throne of his royalty, in order that he might leave his kingdom at peace, and that no revolution might trouble it after his death.' [Invitation to take the oath, as in previous letters.] 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.' [There is an appearance of mutuality about this oath of allegiance as between Goths and Romans, not merely by both to Athalaric, which we have not had in the previous letters.] 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.' 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, à 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]. [After some very obscure sentences, in which the writer appears to be celebrating the praises of Theodoric, he turns to Tulum, of whom he has hitherto spoken in the third person, and addresses him as you.] '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.' [A singularly obscure, vapid, and ill-written letter. The allusion to Gensemund seems introduced on purpose to bewilder the reader.] [On the elevation of Tulum to the Patriciate.] The same subject. '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.' [Note that Cassiodorus has to provide an elegant oration not only for his master, but for this Gothic fellow-minister of State. See Dahn's remarks on the writer of this letter, 'Könige der Germanen' iii. 273.] 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.' [Bestowing on him the rank of Comes Domesticorum.] [I have altered the order of subjects in this letter, to make it correspond with that of time. There cannot be much doubt that Arator's pomposa legatio from Dalmatia was his first introduction to the Court of Theodoric, and preceded his employment as Advocatus.] Arator made Count of the Domestics. '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. '[Since then] you have filled the office of Advocate in our Court. You might have been a trier of causes (Cognitor): you have preferred to be a pleader, though to all your advocacy you have brought so fair and judicial a mind that your eloquence and your zeal for your client have never exceeded the bounds of truth.' [Conferring on him the Quaestorship.] [This Ambrosius, son of Faustinus, is apparently the same to whom Ennodius addressed his 'Paraenesis Didascalica,' containing some important notices of Festus, Symmachus, Boethius, Cethegus, and their contemporaries. (In Migne's 'Patrologia' lxiii. 250.)] Ambrosius appointed Quaestor. '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]. [On the elevation of Ambrosius to the Quaestorship]. The same subject. '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.' [On the election of Pope Felix III, 526.] [As this letter has an important bearing on the royal rights in connection with Papal elections, it is translated in full.] Election of Pope Felix III (or IV). '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.' [For remarks on this important letter see Dahn's 'Könige der Germanen' iii. 239. He makes it a simple appointment of the Pope by the bare will of Theodoric, afterwards confirmed by Athalaric. To me it seems more probable that there had been a contest, threatening the election of an antipope (as in 498 in the case of Symmachus and Laurentius), and that the matter had been, as on that occasion, referred to the arbitration of Theodoric.] 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: 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.] 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.' [In view of these letters I do not understand what Gibbon means by saying (cap. xxxix. n. 95), 'The characters of the two delators, Basilius ('Var.' [ii. 10], [11]; [iv. 22]) and Opilio ([v. 41]; [viii. 16]), are illustrated, not much to their honour, in the Epistles of Cassiodorus.' This is quite true of Basilius, if the person alluded to in the references given by Gibbon be the same as the informer against Boethius, of which there may be a doubt; but Opilio is mentioned, as we see, with the highest honour by Cassiodorus. So, too, is Decoratus, whom in the same note Gibbon too hastily stigmatises as 'the worthless colleague of Boethius.'] [This cannot be the same as the Consul of 511, nor even his son; for that Felix was of Gaulish extraction, and came from beyond the Alps.] 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.] [On the promotion of Felix.] The same subject. '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.' 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.' [I have not been able to find any hint of the name of the Praefectus Praetorio for 526-527, so bitterly condemned in this letter. As he may have held office for some years, his misgovernment may have been connected with the death of Boethius (524). Can we connect him with the Trigguilla 'Regiae Praepositus Domus' whose injustice is denounced by Boethius ('Phil. Cons.' i. 4)?] 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.' [The subject of these letters is indisputably the same Cyprian whom the 'Anonymus Valesii' speaks of as suborning false witnesses against Albinus and Boethius, and of whom the latter says ('Phil. Cons.' i. 4): 'Ne Albinum, Consularem virum praejudicatae accusationis poena corriperet, odiis me Cypriani delatoris opposui.' Compare the remarks made on [Letters 16] and [17]; and remember that this letter was composed three years after the death of Boethius, when Theodoric also was dead, and his daughter was only too willing to retrace his steps, in all that concerned the severities of the latter years of his reign. For the pedigree of Cyprian see [p. 363].] 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].' 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.' [See Dahn, 'Könige der Germanen' iii. 191-2, Sartorius 145, and Bauer's 'History of the Popes' ii. 323-4, for remarks on this important privilegium. It is clear that it relates to civil, not criminal procedure, and that it does leave a right of final appeal from the Papal Courts to the dissatisfied secular litigant. At the same time, that such an appeal would be prosecuted with immense difficulty is clear even from the words of the decree. The appellant will have to satisfy the King's Judges of a thing which it is almost impiety to believe, that the occupant of the Roman See has spurned his petitions.] 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.] 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.' [This letter is evidently addressed to Goths, and Quidila the Prior, who is set over them, is also a Goth. We can only conjecture what the office of Prior was: probably to some extent it involved civil as well as military authority. The conjecture of Dahn ('Könige der Germanen' iv. 173) that it corresponds to the Gothic Hundafath (Centenarius), seems to me extremely probable. The title of the letter is curious. It is addressed 'Universis Reatinis et Nursinis.' Are we then to suppose that strong military colonies of Goths had been settled in these places, the Roman inhabitants having been extruded? The fact that St. Benedict was born in Nursia, some fifty-seven years before the writing of this letter, gives an additional interest to this question.] Robbery in the district of Faenza to be suppressed. 'Justice must be shown upon the wicked. Different diseases require different remedies. 'Let your Devotion speed instantly through the territory of Faventia, and if you find any persons, either Goths or Romans, concerned in the plunder of the possessors, punish them severely. How much better it would be for those misguided persons to live according to our will, and earn the reward of pleasing us.' [The last sentence is obscure, and perhaps the text is corrupt.] [No doubt the same as the Conigast attacked by Boethius in the 'Philosophiae Consolatio' i. 4[555].] 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.' 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.' [Relating to the same subject as the [preceding].] 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.' [Is Severus Vicarius Urbis? His title Spectabilis seems to require some such rank as this, otherwise he seems more like a Corrector (Clarissimus) Bruttiorum et Lucaniae. Perhaps already the strict gradation established by Diocletian and Constantine was somewhat broken down, and governors received higher titles than strictly belonged to them.] 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.' 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.' 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.' 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.' 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.' 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.' 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.' 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.' 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.' [We learn from Procopius ('De Bello Gotthico' i. 26) that Reparatus was brother of Pope Vigilius; that in 537 he escaped from the captivity in which the other Senators were kept at Ravenna by Witigis, and fled to Milan. In 539 Reparatus, who was then Praefectus Praetorio, was captured at Milan by the Goths, hewn in pieces, and his flesh given to the dogs (Ibid. ii. 21).] 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.' 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.' 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. Remission of Augmentum. '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.' 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.' 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. 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.' [The Domestici were a very select corps of Life-guardsmen; probably only a very small number of them would accompany a Provincial Governor to his charge. This may explain what seems an extraordinarily high rate of pay. Perhaps it is the Comes himself, not his Domestici, who is to receive the emolumenta here specified; but, if so, the letter is very obscurely expressed.] 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.' [This is an important letter, especially when taken in connection with the words of Totila (Procopius, 'De Bello Gotthico' iii. 16), as to the exceptional indulgence with which the Gothic Kings had treated Sicily, 'leaving, at the request of the inhabitants, very few soldiers in the island, that there might be no distaste to their freedom or to their general prosperity.' Gildias is evidently a Goth, and though a Vir Spectabilis and holding a Roman office—the Comitiva Syracusanae Civitatis—still it is essentially a military office, and he has no business to divert causes from the Judices Ordinarii to his tribunal, though probably a Roman Comes might often do this without serious blame. But by his doing so, the general principle, that in purely Roman causes a Goth is not to interfere, seems to be infringed, and therefore he receives this sharp reprimand to prevent his doing it again.] 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.' [I think the early part of this letter gives us the clue to the pretext under which these simoniacal practices were introduced. It was usual for the Pope on his election to give a certain sum of money to the poor. Then at a vehemently contested election certain of the voters—perhaps especially the priests of the different tituli of Rome—claimed to be distributors of the Papal bounty, a large part of which they no doubt kept for themselves.] The same subject. Rehearses the motives of the [previous edict], and directs that both it and the Senatus Consulta having reference to the same subject [and framed two years previously], be engraved on marble tablets, and fixed up in a conspicuous place, before the Atrium of St. Peter the Apostle. 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.' [This edict is minutely examined by Dahn ('Könige der Germanen' iv. 123-135). I have adopted his division of paragraphs, though rather disposed to think that the 'De Donationibus' should be broken up into two, to prevent counting the Epilogue as a section. See also Manso ('Geschichte der Ostrogothen' 405-415).] 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.' 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.' 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.' 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.' [Flavius Theodoras Paulinus Junior was Consul with the Emperor Justinian in 534. This letter was written in Sept. 533, about thirteen months before the death of Athalaric. Paulinus was son of Venantius and grandson of Liberius.] 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.' 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.' 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. His Quaestorship. '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. His career as Master of the Offices. '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. His friendship for Theodoric. '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.' 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. His Gothic History. '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. His official career. '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. His military services. '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. His religious character. '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.' 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.' 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.' 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. Praises of Theodahad. '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.' 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. Praises of Amalasuentha. '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.' 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.' 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.' 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].' 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.' The same subject. [On the same subject as the [previous letter], and in nearly the same words. Calogenitus apparently is dead.] '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.' 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.' Maximus appointed to office of Primicerius (Domesticorum?) '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].' 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.' [This letter may probably be referred to the Spring or Summer of 535. Theodahad, soon after the deposition or death of Amalasuentha, has apparently invited the Senate to Ravenna, an invitation which they have respectfully declined. He chides their suspicions of him.] 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.' [The occasion of writing this letter, which we may perhaps refer to the early part of 535, is apparently that some Gothic troops have been sent to Rome, and the people have broken out into clamours against them, or petitioned for their removal.] 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.' 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.' 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.' 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.' 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]. 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.' 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. Possible reference to death of Amalasuentha. '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.' 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].' 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.' 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.' The same subject. A short letter of compliments to the Emperor, and earnest desire for the preservation of peace. Peter and 'ille vir venerabilis' are still the messengers. 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.' 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. Alleged losses of a convert from Arianism. '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.' 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.' 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.' [It is clear that this letter refers to an office greatly coveted, and one in which there was a possibility of making great gains, but also one in which, owing to the regulation of prices by the government, there might be temporary losses; to guard against which it was considered reasonable that the holder should be guaranteed in his office for five years. The office is the supply of the staple articles of food to the King's household at Rome and Ravenna, and to the garrisons probably of Pavia and Piacenza and the neighbouring country. Did this right carry with it an absolute monopoly as far as the other inhabitants of those places are concerned? This seems probable; but I do not know that we can positively state it. The term used, 'Arcarii,' is applied in the Theodosian Code (xii. 6, 14) to the bailiffs by whom the rents on the Imperial domain were collected. Here it has manifestly altered its meaning.] 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].' 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. Natural history of the elephant. '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.' [This letter traverses the same ground as Pliny's 'Historia Naturalis' viii. 1-11, but supplies some new facts. Pliny makes the elephant live to the age of 200 or even 300 years. Cassiodorus boldly says 'more than a thousand.' The curious story of the elephant's religion is given with more detail by Pliny; but he knows nothing of the political sagacity which enables it to discern between a good king and a tyrant. Pliny mentions the fact that the elephant's breath is a cure for headache, but adds, 'especially if he sneeze[698].' Upon the whole, though Cassiodorus had probably read Pliny's description, his own must be pronounced original. This marvellous letter is the last that we have, written in the name of Theodahad.] 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.' 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.' 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.' 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.' The same subject. 'We are sending two ambassadors to the most serene Emperor, who will salute your Greatness. We earnestly hope that your Excellency will speed them on their journey.'[26.] Formula of the Countship of the Second Rank in divers Cities[482].
[27.] Formula addressed to the Dignified Cultivators and Curiales[483].
[28.] Formula announcing the Appointment of a Comes to the Chief of his Staff[484].
[29.] Formula concerning the Guard at the Gates of a City.
[30.] Formula of the Tribunate in the Provinces.
[31.] Formula of the Princeps of the City of Rome.
[32.] Formula of the Master of the Mint.
[33.] Formula respecting the Ambassadors of Various Nations.
[34.] Formula of Summons to the King's Court (unsolicited).
[35.] Formula of Summons to the Court (solicited).
[36.] Formula granting temporary Leave of Absence.
[37.] Formula conferring the Rank of a Spectabilis.
[38.] Formula conferring the Rank of a Clarissimus.
[39.] Formula bestowing 'Police Protection.'
[40.] Formula for the Confirmation of Marriage and the Legitimation of Offspring.
[41.] Formula conferring the Rights of Full Age.
[42.] Formula of an Edict to the Quaestor ordering the Person who asks for the Protection of a Sajo to give Bail.
[43.] Formula approving the Appointment of a Clerk in the Record-Office.
[44.] Formula for the Grant of Public Property on Condition of Improvement[496].
[45.] Formula of Remission of Taxes where the Taxpayer has only one House, too heavily Assessed.
[46.] Formula legitimating Marriage with a First Cousin.
[47.] Formula addressed to the Praetorian Praefect directing the Sale of the Property of a Curialis.
BOOK VIII.
CONTAINING THIRTY-THREE LETTERS, ALL WRITTEN IN THE NAME OF ATHALARIC THE KING, EXCEPT THE ELEVENTH, WHICH IS WRITTEN IN THE NAME OF TULUM.
[1.] King Athalaric to the Emperor Justin (a.d. 526).
[2.] King Athalaric to the Senate of the City of Rome on his Accession (a.d. 526).
[3.] King Athalaric to the Roman People (a.d. 526).
[4.] King Athalaric to all the Romans settled in Italy and the Dalmatias (a.d. 526).
[5.] King Athalaric to all the Goths settled in Italy (a.d. 526).
[6.] King Athalaric to Liberius, Praetorian Praefect of the Gauls (a.d. 526).
[7.] King Athalaric to all the Provincials settled in Gaul (a.d. 526).
[8.] King Athalaric to Victorinus, Vir Venerabilis and Bishop[508] (a.d. 526).
[9.] King Athalaric to Tulum, Patrician.
[10.] King Athalaric to the Senate of the City of Rome.
[11.] Tulum, Illustris and Patrician, to the Senate of the City of Rome.
[12.] King Athalaric to Arator, Vir Illustris.
[13.] King Athalaric to Ambrosius.
[14.] King Athalaric to the Senate of the City of Rome.
[15.] King Athalaric to the Senate of the City of Rome.
[16.] King Athalaric to Opilio, Count of the Sacred Largesses (527).
Opilio, C.S.L. (? son of the Consul of 453). | | | Cyprian,
C.S.L. 524.Opilio,
C.S.L. 527.[17.] King Athalaric to the Senate of the City of Rome.
[18.] King Athalaric to Felix, Quaestor (527).
[19.] King Athalaric to the Senate of the City of Rome.
[20.] King Athalaric to Albienus, Vir Illustris and Praefectus Praetorio[538] (527).
[21.] King Athalaric to Cyprian, Patrician.
[22.] King Athalaric to the Senate of the City of Rome.
[23.] King Athalaric to Bergantinus, Vir Illustris and Comes Patrimonii.
[24.] King Athalaric to the Clergy of the Roman Church.
[25.] King Athalaric to Joannes, Vir Spectabilis, Referendarius.
[26.] King Athalaric To All The Inhabitants Of Reate And Nursia.
[27.] King Athalaric to Dumerit the Sajo, and to Florentinus, a zealous Officer of the Court[554].
[28.] King Athalaric to Cunigast, Vir Illustris.
[29.] King Athalaric to the Dignified Cultivators[558] and Curials of the City of Parma.
[30.] King Athalaric to Genesius, Vir Spectabilis.
[31.] King Athalaric to Severus, Vir Spectabilis.
[32.] King Athalaric to Severus, Vir Spectabilis.
[33.] King Athalaric to Severus, Vir Spectabilis.
BOOK IX.
CONTAINING TWENTY-FIVE LETTERS, ALL WRITTEN IN THE NAME OF ATHALARIC THE KING.
[1.] King Athalaric to Hilderic, King of the Vandals (a.d. 527).
[2.] Edict of King Athalaric.
[3.] King Athalaric to Bergantinus, Vir Illustris, Comes [Patrimonii], and Patrician[577].
[4.] King Athalaric to Abundantius, Praetorian Praefect.
[5.] King Athalaric to the Bishops and Functionaries of ——[582].
[6.] King Athalaric to ——, Primiscrinius.
[7.] King Athalaric to Reparatus, Praefect of the City.
[8.] King Athalaric to Count Osuin (or Osum), Vir Illustris[588].
[9.] King Athalaric to all the Goths and Romans (in Dalmatia and Savia).
[10.] King Athalaric to all the Provincials of the City of Syracuse.
[11.] King Athalaric to Gildias, Vir Spectabilis, Count of Syracuse.
[12.] King Athalaric to Victor and Witigisclus (or Wigisicla), Viri Spectabiles, Censitores[593] of Sicily.
[13.] King Athalaric to Willias, Vir Illustris, Comes Patrimonii.
[14.] King Athalaric to Gildias, Vie Spectabilis, Count of Syracuse.
[15.] King Athalaric to Pope John II ([532]).
[16.] King Athalaric to Salvantius, Vir Illustris, Praefect of the City.
[17.] King Athalaric to the Same ([between 532 and 534]).
[18.] The Edict of Athalaric.
[19.] King Athalaric to the Senate of the City of Rome.
[20.] King Athalaric to all the Judges of the Provinces.
[21.] King Athalaric to the Senate of the City of Rome.
[22.] King Athalaric to Paulinus, Vir Clarissimus and Consul (533).
[23.] King Athalaric to the Senate of the City of Rome.
[24.] King Athalaric to Senator [Cassiodorus himself], Praetorian Praefect (Sept. 1, 533).
[25.] King Athalaric to the Senate of the City of Rome (on the Promotion of Cassiodorus Senator to the Praetorian Praefecture).
BOOK X.
CONTAINING THIRTY-FIVE LETTERS WRITTEN BY CASSIODORUS:
FOUR IN THE NAME OF QUEEN AMALASUENTHA.
TWENTY-TWO IN THAT OF KING THEODAHAD.
FOUR IN THAT OF HIS WIFE GUDELINA.
FIVE IN THAT OF KING WITIGIS.[1.] Queen Amalasuentha to Justinian the Emperor (a.d. 534).
[2.] Theodahad the King to Justinian the Emperor.
[3.] Queen Amalasuentha to the Senate of the City of Rome.
[4.] King Theodahad to the Senate of the City of Rome.
[5.] King Theodahad to his Man Theodosius[640].
[6.] King Theodahad to Patricius, Vir Illustris and Quaestor.
[7.] King Theodahad to the Senate of the City of Rome.
[8.] Queen Amalasuentha to Justinian, Augustus.
[9.] King Theodahad to Justinian, Augustus.
[10.] Queen Amalasuentha to Theodora, Augusta[644].
[11.] King Theodahad to Maximus[645], Vir Illustris and Domesticus.
[12.] King Theodahad to the Senate of the City of Rome.
[13.] King Theodahad to the Senate of the City of Rome.
[14.] King Theodahad to the Roman People.
[15.] King Theodahad to the Emperor Justinian.
[16.] King Theodahad to the Senate of the City of Rome.
[17.] King Theodahad to the Roman People.
[18.] King Theodahad to the Senate of the City of Rome.
[19.] King Theodahad to the Emperor Justinian.
[20.] Queen Gudelina[663] to Theodora Augusta.
[21.] Queen Gudelina to Theodora, Augusta.
[22.] King Theodahad to the Emperor Justinian[670].
[23.] Queen Gudelina to Theodora, Augusta[674].
[24.] Queen Gudelina to the Emperor Justinian[676].
[25.] King Theodahad to the Emperor Justinian.
[26.] King Theodahad to the Emperor Justinian.
[27.] King Theodahad to Senator[680], Praefectus Praetorio.
[28.] King Theodahad to Senator[683], Praefectus Praetorio.
[29.] King Theodahad to Count Winusiad.
[30.] King Theodahad to Honorius, Praefect of the City.
[31.] King Witigis[699] to all the Goths.
[32.] King Witigis to the Emperor Justinian.
[33.] King Witigis to the Master of the Offices [at Constantinople].
[34.] King Witigis to his Bishops.
[35.] King Witigis to the Praefect of Thessalonica.
BOOK XI.