Chapter 28

CONTAINING FORTY-SIX LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF THEODORIC.

1. KING THEODORIC TO EMPEROR ANASTASIUS.

[Sidenote: 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.

[Footnote 204: 'Vos totius orbis salutare praesidium, quod caeteri dominantes jure suspiciunt quia in vobis singulare aliquid inesse cognoscunt.' 'Suspiciunt' seems to give a better sense than the other reading, 'suscipiunt.']

[Footnote 205: 'Quia in vobis singulare aliquid inesse cognoscunt.']

'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.

[Footnote 206: 'Illum atque illum.' I shall always render this phrase (which shows that Cassiodorus had not preserved the names of the ambassadors) as above.]

[Footnote 207: 'Quia pati vos non credimus, inter utrasque Respublicas, quarum semper unum corpus sub antiquis principibus fuisse declaratur, aliquid discordiae permanere.']

[Footnote 208: 'Pomâ meute deposcimus ne suspendatis a nobis mansuetudinis vestrae gloriosissimam caritatem.']

'The rest of their commission will be verbally conveyed to your Piety by the bearers of these letters[209].'

[Footnote 209: For some remarks on the date of this letter, see Introduction, p. 23. The mention of interrupted peace, which evidently requires not mere estrangement but an actual state of war, points to the year 505, when Sabinian, the general of Anastasius, was defeated by the Ostrogoths and their allies at Horrea Margi; or to 508, when the Imperial fleet made a raid on the coast of Apulia, as probable dates for the composition of the letter. Its place at the beginning of the Variae does not at all imply priority in date to the letters which follow it. It was evidently Cassiodorus' method to put in the forefront of every book in his collection a letter to an Emperor or King, or other great personage.

As for the tone of the letter, and the exact character of the relation between the Courts of Ravenna and Constantinople which is indicated by it, there is room for a wide divergence of opinion. To me it does not seem to bear out Justinian's contention (recorded by Procopius, De Bello Gotthico ii. 6) that Theodoric ruled Italy as the Emperor's lieutenant. Under all the apparent deference and affectation of humility the language seems to me to be substantially that of one equal addressing another, older and with a somewhat more assured position, but still an equal.]

2. KING THEODORIC TO THEON, VIR SUBLIMIS.

[Sidenote: 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.

[Footnote 210: Otranto.]

[Footnote 211: Vernans.]

[Footnote 212: Blatta.]

'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.'

[Footnote 213: I presume the same as Hydruntum (Otranto).]

3. KING THEODORIC TO CASSIODORUS, VIR ILLUSTRIS AND PATRICIAN[214].

[Footnote 214: Father of the Author.]

[Sidenote: 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.

[Footnote 215: 'In ipso quippe imperii nostri devotus exordio, cum adhuc fluctuantibus rebus provinciarum corda vagarentur, et negligi rudem dominum novitas ipsa pateretur.']

4. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.

[Introducing Cassiodorus (Senior) on his accession to the honours of the Patriciate.]

[Sidenote: 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]:

[Footnote 216: Father of Cassiodorus Senator.]

(_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.

[Footnote 217: Grandfather of Cassiodorus Senator.]

_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.

[Footnote 218: Great-grandfather of Cassiodorus Senator.]

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.

[Sidenote: 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.'

[Footnote 219: 'Nec aliqua probatur appellatione suspensa.']

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.]

[Sidenote: 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.'

[Footnote 220: 'Et venis colludentibus illigata naturalem faciem laudabiliter mentiantur.']

7. KING THEODORIC TO FELIX, VIR CLARISSIMUS.

This letter will be best understood by a reference to the following pedigree:

N. | __________________________________________ | | | FELIX = A daughter. NEOTHERIUS PLUTIANUS [a spendthrift]. [a minor, whose guardian is Venantius].

[Sidenote: 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).

[Sidenote: 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.'

[Footnote 221: 'Neotherium fratrem suum, affectum germanitatis oblitum, _bona parvuli hostili furore lacerasse_.']

9. KING THEODORIC TO EUSTORGIUS, BISHOP OF MILAN.

[Sidenote: 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.]

[Footnote 222: 'Nihil enim in tali honore temeraria cogitatione praesumendum est, ubi si proposito creditur, etiam tacitus ab excessibus excusatur. Manifesta proinde crimina in talibus vix capiunt fidem. Quidquid autem ex invidia dicitur, veritas non putatur.']

10. KING THEODORIC TO BOETIUS[223], VIR ILLUSTRIS AND PATRICIAN.

[Footnote 223: If the MSS. are correctly represented in the printed editions, the name of the author of the Consolation of Philosophy was spelt Boetius in the Variae. There can be little doubt however that Boethius is the more correct form, and this is the form given us in the Anecdoton Holderi.]

[Sidenote: 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.'

[Footnote 224: Why are these called 'Domestici patres equitum et peditum?']

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.

[Sidenote: 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_ [a Raetian tribe dwelling near the pass of the Brenner], who are continuing in peace the habits and maxims of war.

'If this proves to be a true complaint, see that justice is done, and speedily.'

12. KING THEODORIC TO EUGENIUS (OR EUGENITES)[225], VIR ILLUSTRIS, MAGISTER OFFICIORUM.

[Footnote 225: Perhaps the name really was Eugenes, -etis. See Var. viii. 19, and Ennodii, Epist. iv. 26.]

[Sidenote: 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].'

[Footnote 226: 'Pio principi sub quodam sacerdotio serviatur.' Cf. Claudian, 'Nunquam libertas gratior exstat quam _sub rege pio_.']

13. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.

[Sidenote: 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.']

14. KING THEODORIC TO FAUSTUS, PRAEPOSITUS.

[Sidenote: 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.]

15. KING THEODORIC TO FESTUS, VIR ILLUSTRIS AND PATRICIAN.

[Sidenote: 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.'

16. KING THEODORIC TO JULIANUS, COMES PATRIMONII [probably 508].

[Sidenote: 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.'

[Footnote 227: 'Ut quantum eos minus vendidisse constiterit, de reliquis primae indictionis habita moderatione detrahatis.']

17. KING THEODORIC TO ALL THE GOTHIC AND ROMAN INHABITANTS OF DERTONA (TORTONA).

[Sidenote: 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.'

[Footnote 228: 'Durissimae mansiones.']

18. KING THEODORIC TO DOMITIANUS AND WILIAS.

[Sidenote: 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.

[Footnote 229: 'Ex quo, Deo propitio, Sonti fluenta transmisimus ubi primum Italiae nos suscepit imperium.']

[Sidenote: 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.]

19. KING THEODORIC TO SATURNINUS AND VERBUSIUS, VIRI SUBLIMES.

[Sidenote: 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.'

20. KING THEODORIC TO ALBINUS AND ALBIENUS, VIRI ILLUSTRES AND PATRICIANS.

[Sidenote: 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].

[Footnote 230: 'Illud enim, propitiante Deo, labores nostros asserit quod se _otiosam_ generalitas esse cognoscit.']

'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.'

[Footnote 231: 'Quapropter illustris magnitudo vestra praesenti jussione commonita, patrocinium partis Prasini, quod gloriosae recordationis pater noster impendit, dignanter assumat.' This passage probably alludes to Theodoric's adoption by Zeno. But one reading is 'pater _vester_.']

Then follows a digression on pantomimes.

21. KING THEODORIC TO MAXIMIAN, VIR ILLUSTRIS; AND ANDREAS, VIR SPECTABILIS.

[Sidenote: 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!'

22. KING THEODORIC TO MARCELLUS, VIR SPECTABILIS, ADVOCATUS FISCI.

[Sidenote: 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.'

23. KING THEODORIC TO COELIANUS AND AGAPITUS, VIRI ILLUSTRES AND PATRICIANS.

[Sidenote: 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.'

24. KING THEODORIC TO ALL THE GOTHS.

[Sidenote: 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.'

[Footnote 232: See for the office of the Sajo, note on ii. 13.]

[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'.]

25. KING THEODORIC TO SABINIANUS, VIR SPECTABILIS.

[Sidenote: 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.'

[Footnote 233: I presume that 'portum Lucini' is an error for the Lucrine harbour; but there is an allusion which I do not understand in the following passage: 'Simul etiam portubus junctis, qui ad illa loca antiquitus pertinebant, et nunc diversorum usurpatione suggeruntur invasi?']

26. KING THEODORIC TO FAUSTUS, PRAEPOSITUS.

[Sidenote: 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.'

[Footnote 234: This is evidently the writer's father.]

[Footnote 235: 'Onera indictorum titulorum.']

[Footnote 236: 'Tributa sunt purpurae, non lacernae.']

27. KING THEODORIC TO SPECIOSUS.

[Sidenote: 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].

[Footnote 237: See i. 23, from which it appears that these two men had special jurisdiction in cases affecting Patricians.]

'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.]

28. KING THEODORIC TO ALL THE GOTHS AND ROMANS.

[Sidenote: 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.'

29. KING THEODORIC TO ALL THE LUCRISTANI (LUSTRIANI?) ON THE RIVER SONTIUS (ISONZO).

[Sidenote: 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.'

30. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.

[Sidenote: 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."']

31. KING THEODORIC TO THE ROMAN PEOPLE.

[Sidenote: 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.'

32. KING THEODORIC TO AGAPITUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.

[Sidenote: 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.'

[Footnote 238: See Letter i. 20.]

[Was there not some division in the Green Faction itself concerning the merits of Helladius and his rival Theodorus?]

33. KING THEODORIC TO AGAPITUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.

[Sidenote: 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.'

[Footnote 239: Ibid.]

34. KING THEODORIC TO FAUSTUS, PRAEPOSITUS.

[Sidenote: 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.'

[Footnote 240: 'Expensae publicae' perhaps = curatores annonae.]

35. KING THEODORIC TO FAUSTUS, PRAEPOSITUS.

[Sidenote: 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].'

[Footnote 241: For a fuller translation of this marvellous letter, see Introd. p. 18.]

36. KING THEODORIC TO THERIOLUS, VIR SPECTABILIS.

[Sidenote: 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.'

37. KING THEODORIC TO CRISPIANUS.

[Sidenote: 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).]

38. KING THEODORIC TO BAION, A SENATOR[242].

[Footnote 242: See remarks on this letter in Dahn, Könige der Germanen iv. 147-8. Some MSS. read Coion or Goinon, as the name of the Senator to whom it is addressed.]

[Sidenote: 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.]

39. KING THEODORIC TO FESTUS, VIR ILLUSTRIS AND PATRICIAN.

[Sidenote: 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.'

40. KING THEODORIC TO ASSUIN (OR ASSIUS), VIR ILLUSTRIS AND COMES.

[Sidenote: 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.

41. KING THEODORIC TO AGAPITUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.

[Sidenote: 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.'

[Footnote 243: 'Quae circa referendos curiae priscus ordo designavit.']

42. KING THEODORIC TO ARTEMIDORUS, VIR ILLUSTRIS AND PATRICIAN [509 OR 524].

[Sidenote: 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.'

[Footnote 244: Either 509-510 or 524-525; more probably the former.]

43. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.

[Sidenote: 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.'

44. KING THEODORIC TO THE PEOPLE OF ROME.

[Sidenote: 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.

45. KING THEODORIC TO BOETIUS, VIR ILLUSTRIS AND PATRICIAN.

[Sidenote: 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].'

[Footnote 245: An unintelligible translation doubtless, but is the original clearer? 'Burgundionum dominus a nobis magnopere postulavit ut horologium quod aquis sub modulo fluentibus temperatur et quod solis immensi comprehensa illuminatione distinguitur ... ei transmittere deberemus.' It is pretty clear that the first request of the Burgundian King was for a clepsydra of some kind. The second must be for some kind of sundial, but the description is very obscure.]

[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.'

[Footnote 246: Evidently 'sic enim Atheniensium scholas longe positus introisti' does not mean that Boethius actually visited Athens, but that he became thoroughly at home in the works of Athenian philosophers.]

46. KING THEODORIC TO GUNDIBAD [SIC], KING OF THE BURGUNDIANS.

[Sidenote: 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.'