'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.'
[3.] King Athalaric to Bergantinus, Vir Illustris, Comes [Patrimonii], and Patrician[577].
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.'