'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.]
[14.] King Athalaric to Gildias, Vie Spectabilis, Count of Syracuse.
Oppressive acts charged against Gildias, Comes of Syracuse.
'We hear great complaints of you from the Sicilians; but, as they are willing to let bye-gones be bye-gones, we accede to their request, but give you the following warning:
'(1) You are said to have extorted large sums from them on pretence of rebuilding the walls, which you have not done. Either repay them the money or build up their walls. It is too absurd, to promise fortifications and give instead to the citizens hideous desolation[595].
'(2) You are said to be claiming for the Exchequer (under the name of "Fiscus Caducus") the estates of deceased persons, without any sort of regard for justice, whereas that title was only intended to apply to the case of strangers dying without heirs, natural or testamentary.
'(3) You are said to be oppressing the suitors in the Courts with grievous charges[596], so that you make litigation utterly ruinous to those who undertake it.
'We order therefore that when our[597] decrees are being enforced against a beaten litigant, the gratuity claimed by the officer shall be the same which our glorious grandfather declared to be payable—according to the respective ranks of the litigants—to the Sajo who was charged with the enforcement of the decree; for gratuities ought not to be excessive[598].
'But if your decrees are being enforced—and that must be only in cases against persons with whom the edicts allow you to interfere[599]—then your officer must receive half the gratuity allowed to him who carries our decrees into execution. It is obviously improper that the man who only performs your orders should receive as much as is paid out of reverence for our command. Anyone infringing this constitution is to restore fourfold.