[40.] King Theodoric to the Representatives (Actores) of Probinus.
The affair of [Agapeta]. Basilius, her husband, ordered to plead.
Recurs to the case of the Possessio Areciretina, which [Agapeta], the wife of Basilius, had given (or sold) to Probinus, and which Probinus was commanded to restore. (See Letters [ii. 10] and [11].)
The petition, now presented by the representatives of Probinus, puts a somewhat different face upon the matter, and seems to show that the sale by [Agapeta] (notwithstanding her melancholy condition of fatuity and vice) was a bonâ fide one, for sufficient consideration.
Her husband Basilius is now ordered to reply to the pleadings of the opposite party, either at the King's Comitatus, or in some local court of competent jurisdiction. The King's Comitatus is meant to be a blessing to his subjects, and recourse to it is not made compulsory where, on account of distance, the suitor would rather be excused from resorting to it.
[41.] King Theodoric to Joannes, Arch-physician.
An unjust judgment against Joannes reversed.
'A King should delight to succour the oppressed.
'You inform us that, by the devices of the Spectabilis Vivianus and his superior knowledge of the laws, an unjust judgment was obtained against you, in default, in the Court of the Vicarius of the City of Rome: that Vivianus himself has now renounced the world, repents of his injustice to you, and interposes no obstacle to the restitution of your rights. We therefore (if your statements shall prove to be correct) quash the sentence against you, restore you to your country and your property, and that you may be preserved from future molestation, founded on the old sentence against you, we assign you to the guardianship (tuitio) of the Patrician Albinus, without prejudice to the laws (salvis legibus).
'We wish that nothing contrary to civilitas should be done, since our daily labour is for the repose of all.' [I presume that this letter is in fact an edict for 'Restitutio in integrum.']