'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.'
[11.] King Theodoric to Provinus (Probinus?), Illustris and Patrician.
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.]
[12.] King Theodoric to the Count of the Siliquatarii (Customs Officers), and to him who has the Care of the Harbour (of Portus?).
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.