Chapter 29

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

I. KING THEODORIC TO ANASTASIUS, MOST PIOUS EMPEROR. A.D. 511.

[Sidenote: Consulship of Felix.]

'By excellent ordinance of the ancients the year is named from the Consul. Let the happy year take its title from our new Consul, _Felix_ [Consul with Secundinus, A.D. 511[247]].

[Footnote 247: 'Portamque dierum tali nomine dicatus annus, tempos introeat.' The figure here used seems borrowed from Claudian, In Primum Cons. Stilichonis ii. 425-476.]

'It is most suitable that Rome should gather back her children to her bosom, and in her venerable Senate should enrol a son of Gaul.

'Felix showed his excellent disposition first in this, that while still a young man he hastened to "the native land of all the virtues" [Rome]. Success followed his choice; we promoted him as he deserved. While still a young man, deprived of his father's care, he showed the rare gift of continence; he subdued avarice, the enemy of wisdom; he despised the blandishments of vice; he trampled under foot the vanities of pride.

'We have now determined to reward him with the Consulship. Do you who can with indiscriminate pleasure rejoice in both the blessings of the Republic [in the Consuls of the East and West] join your favouring vote. He who is worthy of so high an office as the Consulship may well be chosen by the judgment of both' [Emperor and King].

[An important letter, as showing the extent to which concurrent choice of Consuls was vested in Rome, or rather Ravenna, and Constantinople.]

2. KING THEODORIC TO FELIX, VIR ILLUSTRIS, CONSUL ORDINARIUS, A.D. 511 (4TH OF THE INDICTION).

[Sidenote: On the same subject.]

An address on his elevation to the Consulship, touching on nearly the same topics as the preceding.

Theodoric delights in bestowing larger favours on those whom he has once honoured [a favourite topic with Cassiodorus].

Felix has come back from Gaul to the old fatherland[248]. Thus the Consulship has returned to a Transalpine family, and green laurels are seen on a brown stock.

[Footnote 248: 'Cum soli genitalis fortunâ relictâ, velut quodam postliminio in antiquam patriam commeasses.']

Felix has shown an early maturity of character. He has made a wise use of his father's wealth. The honour which other men often acquire by prodigality he has acquired by saving. Cassiodorus evidently has a little fear that the new Consul may carry his parsimony too far, and tells him that this office of the Consulship is one in which liberality, almost extravagance, earns praise[249]; in which it is a kind of virtue not to love one's own possessions; and in which one gains in good opinion all that one loses in wealth.

[Footnote 249: 'Ubi praeconium meretur effusio.']

'See the sacred City all white with your _vota_ (?). See yourself borne upon the shoulders of all, and your name flitting through their mouths, and manifest yourself such that you may be deemed worthy of your race, worthy of the City, worthy of our choice, worthy of the Consular _trabea_.'

[The letter makes one suspect a certain narrowness and coldness of heart in the subject of its praise.]

3. KING THEODORIC TO THE SENATE. A.D. 511.

[Sidenote: On the same subject.]

Recommends Felix for the Consulship, going over again the topics mentioned in the two last letters. It appears that it was the father of Felix who emerged, after a temporary eclipse of the family fortunes, and then showed himself 'the Cato of our times, abstaining from vice himself, and forming the characters of others; imbued also with all Greek philosophy, he glutted himself with the honey of the Cecropian doctrine.'

Mention is made of the Consulship of an earlier Felix, A.D. 428, the happy renown of which still lingered in the memories of men.

The young Felix is praised for the qualities described in the two previous letters, and also for his power of conciliating the friendship of older men, especially the excellent Patrician Paulinus.

4. KING THEODORIC TO ECDICIUS (OR BENEDICTUS), VIR HONESTUS.

[Sidenote: Collection of Siliquaticum.]

'We wish always to observe long-established rules in fiscal matters, the best guarantee against extortion. Therefore, whatever dues in the way of _Siliquaticum_ appertained to Antiochus are now transferred to you by the present authority, and the Sajo is charged to support your claims herein; only the contention must not be mixed up with any private matters of your own.'

[The _Siliquaticum_ was a tax of one twenty-fourth--the _siliqua_ being the twenty-fourth of a _solidus_--payable on all sales in market overt by buyer and seller together.]

5. KING THEODORIC TO FAUSTUS, PRAEPOSITUS.

[Sidenote: Soldiers' arrears.]

'We are always generous, and sometimes out of clemency we bestow our gifts on persons who have no claim upon us. How much more fitting is it then that the servants of the State should receive our gifts promptly! Wherefore, pray let your Magnificence see to it that the sixty soldiers who are keeping guard in the fastnesses of Aosta receive their _annonae_ without delay. Think what a life of hardship the soldier leads in those frontier forts for the general peace, thus, as at the gate of the Province, shutting out the entry of the barbarous nations. He must be ever on the alert who seeks to keep out the Barbarians. For fear alone checks these men, whom honour will not keep back.'

[A singular letter to write in the name of one who was himself a Barbarian invader.]

6. KING THEODORIC TO AGAPITUS, ILLUSTRIS AND PATRICIAN.

[Sidenote: Embassy to Constantinople.]

'We have decided to send you on an embassy to the East (Constantinople). Every embassy requires a prudent man, but here there is need of especial prudence, because you will have to dispute against the most subtle persons--artificers of words, who think they can foresee every possible answer to their arguments. Do your best therefore to justify the opinion which I formed of you before full trial of your powers.'

7. KING THEODORIC TO SURA (OR SUNA), ILLUSTRIS AND COMES.

[Sidenote: Embellishment of the City.]

'Let nothing lie useless which may redound to the beauty of the City. Let your Illustrious Magnificence therefore cause the blocks of marble which are everywhere lying about in ruins to be wrought up into the walls by the hands of the workmen whom I send herewith. Only take care to use only those stones which have really fallen from public buildings, as we do not wish to appropriate private property, even for the glorification of the City.'

8. KING THEODORIC TO BISHOP SEVERUS, VIR VENERABILIS.

[Sidenote: Compensation for damage done by troops on march.]

'None is more suitable than a member of the Priesthood to perform acts of justice towards his flock.

'We therefore send your Holiness, by Montanarius, 1,500 solidi (£900), for distribution among the Provincials, according to the amount of damage which each one has sustained this year by the passage of our army. See that the distribution is made systematically--not at random--so that it may reach the right persons.'

9. KING THEODORIC TO FAUSTUS, PRAEPOSITUS.

[Sidenote: Allowance to a retired charioteer.]

'We always enjoy being generous. Compassion is the one virtue to which all other virtues may honourably give way. Long ago we made the charioteer Sabinus a monthly allowance of a solidus [twelve shillings]. Now, as we learn from Histrius [or Historius] that this former servant of the public pleasures is afflicted with the most melancholy poverty, we have pleasure in adding _another_ solidus to his monthly allowance. We are never so well pleased as when the accounts of our expenditure show these items of charitable disbursement.'

10. KING THEODORIC TO SPECIOSUS, VIR DEVOTUS, COMITIACUS [OFFICER OF THE COURT].

[Sidenote: The abduction of Agapita.]

'The laws guarding the sanctity of the marriage bed[250] must be carefully upheld.

[Footnote 250: 'Illud Humani generis procreabile Sacramentum.']

'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.'

[Footnote 251: 'Foemina spectabilis.']

[Footnote 252: 'Retentatores.' So the Gepid Prince is called the Retentator of Sirmium (Ennodius, Panegyric. Theod. 178. Ed. Migne).]

11. KING THEODORIC TO PROVINUS (PROBINUS?), ILLUSTRIS AND PATRICIAN.

[Sidenote: 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?).

[Sidenote: 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.

'Therefore let no lard be exported to foreign parts, but let it by God's grace be all kept for consumption at home.

'Now take care not to incur the slightest blame in this matter. It is a very serious fault even in trifles to disobey orders. Sin consists in quality, not in quantity; and injustice cannot be measured. A command, if it be despised in one part, is violated in the whole.'

13. KING THEODORIC TO THE SAJO[253] FRUINARITH.

[Footnote 253: The Sajo was an officer, not of very high rank, apparently always of Gothic nationality, who was charged with executing the King's mandates. Perhaps our word 'henchman' would be the best translation of his title. His conventional attribute was 'devotio.' See Dahn, 'Könige der Germanen' iii. 181-186, and my 'Italy and her Invaders' iii. 282-284.]

[Sidenote: Dishonest conduct of Venantius.]

'We are always especially touched by the prayers of petitioners who complain that they are forced to pay unjustly. Ulpianus in his lamentable petition informs us that on the request of Venantius he bound himself as a guarantor (fidei jussionis vinculo) to pay over to the public Treasury at the time of his administration 400 solidi (£240). With the presumption of a truculent rustic Venantius despised his own promise, and Ulpianus has therefore been burdened with payment of the money. We therefore order that Venantius, who has been accused of many other crimes besides this, shall be summoned before you, and if found to be legally liable, shall be at once, and sharply, compelled to fulfil his promise.'

14. KING THEODORIC TO SYMMACHUS, PATRICIAN.

[Sidenote: Romulus the parricide.]

'Parricide is the most terrible and unnatural of crimes. Even the cubs of wild beasts follow their sires; the offshoot of the vine serves the parent stem: shall man war against him who gave him being? It is for our little ones that we lay up wealth. Shall we not earn the love of those for whom we would willingly incur death itself? The young stork, that harbinger of spring, gives a signal example of filial piety, warming and feeding its aged parents in the moulting season till they have recovered their strength, and thus repaying the good offices received in its earlier years. So too, when the partridge, which is wont to hatch the young of other birds, takes her adopted brood forth into the fields, if these hear the cry of their genuine mother they run to her, leaving the partridge forsaken.

'Wherefore, if Romulus[254] have fouled the Roman name by laying violent hands on his father Martinus, we look to your justice (we chose you because we knew you would not spare the cruel) to inflict on him legitimate revenge.'

[Footnote 254: Quaere if named from the last Emperor.]

15. KING THEODORIC TO VENANTIUS, VIR ILLUSTRIS.

[Sidenote: Promotion of Venantius to Comitiva Domesticorum Vacans.]

'We always like to promote to office the sons of distinguished fathers. We therefore bestow on you the honour of Comes Domesticorum (Comitiva Vacans), in memory of your glorious father. He held at the same time the Praefecture [of Italy] and the command of the army, so that neither the Provinces lacked his ordering, nor did his wise care for the army fail. All was mastered by his skilled and indefatigable prudence; he inclined the manners of the Barbarians to peace, and governed so that all were satisfied with our rule.

'You are a zealous student of literature, illustrious by birth and eloquent by education. Go on as you have begun, and show yourself worthy of our choice.'

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

[Sidenote: On the same subject.]

This letter adds a little to the information contained in the preceding one, as to the career of Liberius, father of Venantius.

[Sidenote: Praises of Liberius.]

Liberius was a faithful servant of Odovacar, who adhered to his master to the last. 'He awaited incorruptly the Divine judgments, nor did he allow himself to seek a new King till he had first lost his old one. On the overthrow of his lord he was bowed by no terror; he bore unmoved the ruin of his Prince; nor did the revolution, at which even the proud hearts of the Barbarians trembled[255], avail to move him from his calm.

[Footnote 255: 'Quam etiam ferocitas gentilis expavit.']

'Prudently did he follow the common fortunes, in order that while fixedly bearing the Divine judgments he might with the more approbation find the Divine favour. We approved the faith of the man; he came over in sadness to our allegiance as one who being overcome changes his mind, not like one who has contrived [treacherously] that he should be conquered. We made him Praefectus Praetorio. He administered the finances admirably. By his economical management we felt the increased returns, while you knew nothing of added tributes.

[Sidenote: Apportionment of Tertiae.]

'We especially like to remember how in the assignment of the [Gothic] Thirds (in Tertiarum deputatione) he joined both the possessions and the hearts of Goths and Romans alike. For whereas men are wont to come into collision on account of their being neighbours, with these men the common holding of their farms proved in practice a reason for concord. Thus it has happened that while the two nations have been living in common they have concurred in the same desires. Lo! a new fact, and one wholly laudable. The friendship of the lords has been joined with the division of the soil; amity has grown out of the loss of the Provincials, and by the land a defender has been gained whose occupation of part guarantees the quiet enjoyment of the whole. One law includes them: one equal administration rules them: for it is necessary that sweet affection should grow between those who always keep the boundaries which have been allotted them.

'All this the Roman Republic owes to Liberius, who to two such illustrious nations has imparted sentiments of mutual affection. See to it, Conscript Fathers, that his offspring does not go unrewarded.'

17. TO THE POSSESSORS, DEFENSORS, AND CURIALS[256] OF THE CITY OF TRIDENTUM (TRIENT).

[Footnote 256: Cf. iii. 9 for a similar heading.]

[Sidenote: Immunity from Tertiae enjoyed by lands granted by the King.]

'We do not wish to be generous at the expense of others, and we therefore declare that the _Sors_ which in our generosity we have bestowed on Butilianus the Presbyter, is not to be reckoned in to the tax calculations; but as many solidi as are comprehended in that gift, so many are you to be relieved from, in the contribution of "Tertiae."'

[That is to say, the land given by the Gothic King to Butilian was to be itself, as a matter of course, free from Tertiae; but, in order that this might not throw a heavier burden on the other owners in the district, they were to be allowed to deduct the solidi of that portion from the gross amount payable by them on behalf of the whole district. Butilian's own immunity from Tertiae seems to be taken for granted as a result of the King's gift to him. (See Dahn, 'Könige der Germanen' iii. 145.)]

18. KING THEODORIC TO BISHOP GUDILA.

[Sidenote: Ecclesiastics as Curiales.]

An interesting but rather obscure letter on the condition of _Curiales_.

Apparently some ecclesiastics were claiming as slaves some men whom the Curia of Sarsena (?) asserted to be fellow-curials of their own, whom they therefore wanted to assist them in performing curial obligations.

Cassiodorus argues that as the 'Sors nascendi' prevented the Curialis from rising to the higher honours of the State, it certainly ought also to prevent him from sinking into slavery[257]. 'Therefore we advise you to look well to your facts, and see whether these men are not justly claimed as Curials, in which case the Church should give them up before the matter comes to trial. It does not look well for the Bishop, who should be known as a lover of justice, to be publicly vanquished in a suit of this kind.'

[Footnote 257: 'Quod si eos vel ad honores transire jura vetuerunt, quam videtur esse contrarium, Curialem Reipublicae, amissâ turpiter libertate, servire? et usque ad conditionem pervenisse postremam quem vocavit antiquitas _Minorem Senatum_.']

[Did the alleged Curials, in such a case, wish to have their curiality or their quasi-ecclesiastical character established? Who can say?]

19. KING THEODORIC TO ALL THE GOTHS AND ROMANS, AND THOSE WHO KEEP THE HARBOURS AND MOUNTAIN-FORTRESSES (CLUSURAS).

[Sidenote: Domestic treachery and murder.]

'We hate all crime, but domestic bloodshed and treachery most of all. Therefore we command you to act with the utmost severity of the law against the servants of Stephanus, who have killed their master and left him unburied. They might have learned pity even from birds. Even the vulture, who lives on the corpses of other creatures, protects little birds from the attacks of the hawk. Yet men are found cruel enough to slay him who has fed them. To the gallows with them! Let _him_ become the food of the pious vulture, who has cruelly contrived the death of his provider. That is the fitting sepulchre for the man who has left his lord unburied.'

20. KING THEODORIC TO THE SAJO UNIGILIS (OR WILIGIS).

[Sidenote: Provision-ships to follow movements of Theodoric's Court.]

'Let any provision-ships [_sulcatoriæ?_] which may be now lying at Ravenna be ordered round to Liguria (which in ordinary times supplies the needs of Ravenna herself).

'Our presence and that of our Court (Comitatus) attracts many spectators and petitioners to those parts, for whose maintenance an extra effort must be made.' [See Dahn, 'Könige der Germanen' iii. 282.]

21. KING THEODORIC TO JOANNES THE APPARITOR.

[Sidenote: A concession too timidly acted upon.]

'The King has conceded to the Spectabiles Spes and Domitius a certain tract of land which was laid waste by wide and muddy streams, and which neither showed a pure expanse of water nor had preserved the comeliness of solid earth, for them to reclaim and cultivate.

'The petition of the _Actores_ of Spes sets forth that the operation is put in jeopardy by the ill-timed parsimony of Domitius, which throws back the labourers to the point from which they set out at first[258]. Therefore let Domitius be stirred up to finish his part of the work, or if he thinks that too expensive, let him throw up his share of the concession and allow his partner to work it out.'

[Footnote 258: 'Cum jam in soli faciem paulatim mollities siccata duresceret, celatamque longâ voracitate tellurem sol insuetus afflaret.' I cannot understand these words. I suppose there was a hard cake of clay left when the water was drained off, which was baked by the sun, and that there should have been further digging to work through this stratum and get at the good soil beneath; but the wording is not very clear.]

[We find in this letter a good motto for Theodoric's reign: 'Nos quibus cordi est in melius cuncta mutare.']

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

[Sidenote: Ecdicius to be buried by his sons.]

'The sons of Ecdicius, whom at first we had ordered to reside in the city, are to be allowed to return to their own country in order to bury their father. That grief is insatiable which feels that it has been debarred from rendering the last offices to the dead. Think at what risk of his life Priam implored the raging Achilles to give him back the body of his son.'

[Apparently the sons of Ecdicius, not Ecdicius himself, had fallen into disgrace with Theodoric, or incurred some suspicion of disloyalty, which led to the rigorous order for their detention in Rome. See Dahn iii. 279-280.]

23. KING THEODORIC TO AMPELIUS, DESPOTIUS, AND THEODULUS, SENATORS.

[Sidenote: Protection for owners of potteries.]

'It befits the discipline of our time that those who are serving the public interests shall not be loaded with superfluous burdens. Labour therefore diligently at the potteries (figulinae) which our Royal authority has conceded to you. Protection is hereby promised against the wiles of wicked men.' [What was the nature of the artifices to which they were exposed is not very clear.]

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

[Sidenote: Arrears of taxation due from Senators.]

'We hear with sorrow, by the report of the Provincial Judges, that you the Fathers of the State, who ought to set an example to your sons (the ordinary citizens), have been so remiss in the payment of taxes that on this first collection[259] nothing, or next to nothing, has been brought in from any Senatorial house. Thus a crushing weight has fallen on the lower orders (_tenues_, _curiales_), who have had to make good your deficiencies and have been distraught by the violence of the tax-gatherers.

[Footnote 259: 'Primae transmissionis tempus.']

'Now then, oh Conscript Fathers, who owe as much duty to the Republic as we do, pay the taxes for which each one of you is liable, to the Procurators appointed in each Province, by three instalments (trinâ illatione). Or, if you prefer to do so--and it used to be accounted a privilege--pay all at once into the chest of the Vicarius. And let this following edict be published, that all the Provincials may know that they are not to be imposed upon and that they are invited to state their grievances[260].'

[Footnote 260: See Dahn, 'Könige der Germanen' iii. 153 and 112, n. 5.]

25. AN EDICT OF KING THEODORIC.

[Referred to in the preceding letter.]

[Sidenote: Evasion of taxes by the rich.]

The King detests the oppression of the unfortunate, and encourages them to make their complaints to him. He has heard that the powerful houses are failing to pay their share of the taxes, and that a larger sum in consequence is being exacted from the _tenues_[261].

[Footnote 261: Here follows a sentence which I am unable to translate: 'Superbia deinde conductorum canonicos solidos non ordine traditos, sed sub iniquo pondere imminentibus fuisse projectos nec universam siliquam quam reddere consueverant solemniter intulisse.' I think the meaning is, that the stewards of the Senators (conductores) arrogantly refused to allow the money paid to the tax-collectors (canonici solidi) to be tested, as in ordinary course it should have been, to see if it was of full weight. The 'imminentes' are, I think, the tax-collectors. I cannot at all understand the clause about 'universam siliquam.']

To 'amputate' such wickedness for the future, the letter last preceding has been addressed to the Senate; and the 'Possessores sive curiales' are now invited to state their grievances fully and frankly, or else ever after hold their peace and cultivate a habit of patience.

26. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sidenote: Regulations for corn-traffic of Southern Italy.]

A difficult letter about the corn-merchants of Apulia and Calabria.

1. The corn which they have collected by public sale is not to be demanded over again from them under the title of 'interpretium' [difference of price].

2. Similarly as to the Sextarius which the merchant of each Province imports. No one is to dare insolently to exact the prices which have been always condemned.

3. Fines of £1,200 on the Praefect himself, and £400 on his _officium_ (subordinates), are to be levied if this order is disobeyed.

4. If the 'Siliquatarius' thinks right to withhold the monopoly (of corn) from any merchant, he must not also exact the monopoly payment from him.

5. As to the Aurarii [persons liable to payment of the _lustralis auri collatio_[262]], let the old order be observed, and those only be classed under this function whom the authority of antiquity chose to serve thereunder.

[Footnote 262: This appears to have been a tax levied on all traders, otherwise known as the Chrysargyron. See Cod. Theod. xiii. 1. Aurarii is therefore equivalent to Licensed Traders.]

27. KING THEODORIC TO ALL THE JEWS LIVING IN GENOA.

[Sidenote: Rebuilding of Jewish Synagogue.]

The Jews are permitted to roof in the old walls of their synagogue, but they are not to enlarge it beyond its old borders, nor to add any kind of ornament, under pain of the King's sharp displeasure; and this leave is granted on the understanding that it does not conflict with the thirty years' 'Statute of Limitations.'

'Why do ye desire what ye ought to shun? In truth we give the permission which you craved, but we suitably blame the desire of your wandering minds. _We cannot order a religion, because no one is forced to believe against his will._'

28. KING THEODORIC TO STEPHANUS, 'SENATOR, COMES PRIMI ORDINIS, AND EX-PRINCEPS OF OUR OFFICIUM[263].'

[Footnote 263: Are we to understand by this expression the Officium of the Praetorian Praefect?]

[Sidenote: Honours conferred on Stephanus on his retirement from the Civil Service.]

Praises him for all the good qualities which have been recognised by successive Judges under whom he has served--his secrecy, efficiency, and incorruptibility.

He is therefore, on his retirement from active service, raised to the honour of a 'Spectabilis,' and rewarded with the rank of 'Comitiva Primi Ordinis.' As a substantial recompence he is to have all the privileges which by 'divalia constituta' belong to the 'ex-principes' of his Schola, and is guaranteed against all damage and 'sordid burdens[264],' with a hope of further employment in other capacities[265].

[Footnote 264: Curial obligations.]

[Footnote 265: 'Fixum tenuisti _militiae probatae_ vestigium. Spectabilitatis honorem, quem _militiae sudore_ detersis justa deputavit antiquitas praesenti tibi auctoritate conferimus ut laboris tui tandem finitas _excubias_ ... intelligas ... Tibique utpote _militiae_ munere persoluto.' The term 'militia' is employed here, as in the Codes, of 'service in a bureau.']

29. KING THEODORIC TO ADILA, SENATOR AND COMES.

[Sidenote: Protection to dependents of the Church.]

[Notice the Senatorial rank borne by a man with a Gothic name.]

'We wish to protect all our subjects[266], but especially the Church, because by so doing we earn the favour of Heaven. Therefore, in accordance with the petition of the blessed Eustorgius[267], Bishop of Milan, we desire you to accord all necessary protection to the men and farms belonging to the Milanese Church in Sicily: always understanding, however, that they are not to refuse to plead in answer to any public or private suit that may be brought against them. They are to be protected from wrong, but are not themselves to deviate from the path of justice.'

[Footnote 266: 'Quia Regnantes est gloria, subjectorum otiosa tranquillitas.']

[Footnote 267: For Eustorgius, cf. Letter i. 9.]

30. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sequel to last letter.]

[Sidenote: Freedom from taxation granted to Church of Milan.]

'Our generosity to an individual does not harm the public, and there is no reason for putting any bounds to its exercise.

'The Defensores of the Holy Church of Milan want to be enabled to buy as cheap as possible the things which they need for the relief of the poor; and they say that we have bestowed this favour on the Church of Ravenna.

'Your Magnificence will therefore allow them to single out some one merchant who shall buy for them in the market, without being subject to monopoly, siliquaticum, or the payment of gold-fee[268].'

[Footnote 268: Auraria pensio. See note on ii. 26.]

[It is easy to see how liable to abuse such an exception was. Who was to decide when this merchant was buying for the Church and when for himself; when the Church was buying for the poor and when for her own enrichment?]

31. KING THEODORIC TO THE DROMONARII [ROWERS IN EXPRESS-BOATS].

[Sidenote: State Galleys on the Po.]

'Those who claim the title of "militia" ought to serve the public advantage. We have therefore told the Count of Sacred Largesses that you are to assemble at Hostilia [on the Padus, about fifteen miles east of Mantua], there to receive pay from our Treasury, and then to relieve the land postal-service (veredarii) by excursions up and down the channel of the Padus. There is no fear of _your_ limping; you walk with your hands. No fear of _your_ carriages wearing out; they travel over liquid roads, and suffer no wear and tear because they are borne along upon the wave which itself runs with them.'

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

[Sidenote: Drainage of marshes of Decennonium.]

'We always enjoy rewarding public spirit. Decius, Magnificus and Patrician, has most nobly volunteered to drain the marsh of Decennonium, where the sea-like swamp, accustomed to impunity through long licence, rushes in and spoils all the surrounding lands.

'We, in consideration of so great an undertaking, determine to secure to him the fruits of his labour, and we therefore wish that you, Conscript Fathers, should appoint a commission of two to visit the spot and mark out the ground, which is at present wasted by the inundations, that this land may be secured to Decius as a permanent possession when he has drained it.'

[The Palus Decennonii is undoubtedly connected with the Decennovial Canal mentioned by Procopius ('De Bello Gotth.' i. 11), and so called because it flowed for nineteen miles alongside the Appian Way. In the Piazza at Terracina there is a very interesting inscription, recording the fact that Theodoric had ordered that nineteen miles of the Appian Way should be cleared of the waters which had accumulated round it, and had committed the work to Caecina Maurus Basilius Decius, 'Vir Clarissimus et Illustris, Ex-Praefectus Urbi, Ex-Praefectus Praetori, Ex-Consul Ordinarius et Patricius.' See 'Italy and her Invaders' iii. 348.]

33. KING THEODORIC TO DECIUS, ILLUSTRIS AND PATRICIAN.

[Sidenote: The same subject.]

The complement of the foregoing letter, about the drainage of the marshes of Decennonium, which are hereby granted to him, apparently 'sine fisco,' tax-free.

[But the meaning may be, 'the marshes which you drain _sine fisco_'--without help from the Treasury.]

The chief point of difference between this and the previous letter is that here Decius is allowed and encouraged to associate partners with him in the drainage-scheme, whom he is to reward according to their share of the work. Thus will he be less likely to sink under the enterprise, and he will also lessen men's envy of his success.

34. KING THEODORIC TO ARTEMIDORUS, PRAEFECT OF THE CITY.

[Sidenote: Embezzlement of City building funds.]

'The persons to whom money was entrusted for the rebuilding of the walls of Rome have been embezzling it, as was proved by your examination of their accounts (discussio). We are very glad that you have not hidden their misconduct from us (inclined as a generous mind is to cover up offences), since you would thereby have made yourself partaker of their evil deeds. They must restore that which they have dishonestly appropriated, but we shall not (as we might fairly do) inflict upon them any further fine. We are naturally inclined to clemency, and they will groan at having to give up plunder which they had already calculated upon as their own.'

35. KING THEODORIC TO TANCILA, SENATOR.

[We have here another Senator with a Gothic name].

[Sidenote: Theft of brazen statue at Como.]

'We are much displeased at hearing that a brazen statue has been stolen from the City of Como. It is vexatious that while we are labouring to increase the ornaments of our cities, those which Antiquity has bequeathed to us should by such deeds be diminished. Offer a reward of 100 aurei (£60) to anyone who will reveal the author of this crime; promise pardon [to an accomplice], and if this does not suffice, call all the workmen together "post diem venerabilem" [Does this mean on the day after Sunday?], and enquire of them "sub terrore" [by torture?] by whose help this has been done. For such a piece of work as moving this statue could only have been undertaken by some handicraftsman.'

36. EDICT ABOUT THE STATUE AT COMO.

[Refers to previous letter.]

[Sidenote: The same subject.]

'Though impunity for the crime should be sufficient reward, we promise 100 aurei, as well as forgiveness for his share in the offence, to anyone who will reveal the author of the theft of the statue at Como. A golden reward for a brazen theft. Anyone not accepting this offer and afterwards convicted will suffer the extreme penalty of the law.'

37. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sidenote: Largesse to citizens of Spoleto.]

'As our Kingdom and revenues prosper, we wish to increase our liberality. Let your Magnificence therefore give to the citizens of Spoletium another "millena" for extraordinary gratuitous admissions to the baths[269]. We wish to pay freely for anything that tends to the health of our citizens, because the praise of our times is the celebration of the joys of the people.'

[Footnote 269: 'Ad exhibitionem thermarum supra consuetudinem.']

[The 'millena' probably means 1,000 solidi, or £600.]

38. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sidenote: Immunity from taxation. Hostile ravages.]

'We have no pleasure in gains which are acquired by the misery of our subjects. We are informed that the merchants of the city of Sipontum [in Apulia] have been grievously despoiled by hostile incursions [probably by the Byzantine fleet in 508]. Let your Magnificence therefore see to it that they are for two years not vexed by any claims for purveyance (coemptio) on the part of our Treasury. But their other creditors must give them the same indulgence.'

39. KING THEODORIC TO ALOISIUS THE ARCHITECT.

[Sidenote: Hot springs of Aponum.]

'The fountain of Aponus--so called originally in the Greek language as being the remover of pain[270]--has many marvellous and beneficial properties, for the sake of which the buildings round it ought to be kept in good repair. One may see it welling up from the bowels of the earth in spherical form, under a canopy of steam. From this parent spring the waters, glassy-clear and having lost their first impetuosity, flow by various channels into chambers prepared for them by nature but made longer by art. In the first, when the boiling element dashes against the rock, it is hot enough to make a natural sudatorium; then it cools sufficiently for the tepidarium; and at last, quite cold, flows out into a fish-pond like that of Nero. Marvellous provision of Nature, whereby the opposing elements, fire and water, are joined in harmonious union and made to soothe the pain and remove the sickness of man! Yet more wonderful is the moral purity of this fountain. Should a woman descend into the bath when men are using it, it suddenly grows hotter, as if with indignation that out of its abundant supply of waters separate bathing-places should not be constructed for the two sexes, if they wish to enjoy its bounty[271]. Moreover, those secret caves, the bowels of the mountains from whence it springs, have power even to judge contentious business. For if any sheep-stealer presumes to bring to it the fleece of his prey, however often he may dip it in the seething wave, he will have to boil it before he succeeds in cleansing it.

[Footnote 270: [Greek: aponos].]

[Footnote 271: I think this is Cassiodorus' meaning, but his language is obscure.]

'This fountain then, as we before said, deserves a worthy habitation. If there be anything to repair in the _thermae_ themselves or in the passages (cuniculi), let this be done out of the money which we now send you. Let the thorns and briers which have grown up around it be rooted up. Let the palace, shaken with extreme old age, be strengthened by careful restoration. Let the space which intervenes between the public building and the source of the hot-spring be cleared of its woodland roughness, and the turf around rejoice in the green beauty which it derives from the heated waters.'

[The hot-springs of Abano, the ancient Aponum, are situated near the Euganean Hills, and are about six miles from Padua. The heat of the water varies from 77° to 185° (Fahr.). The chief chemical ingredients are, as stated by Cassiodorus, salt and sulphur. Some of the minute description of Cassiodorus (greatly condensed in the above abstract) seems to be still applicable; but he does not mention the mud-baths which now take a prominent place in the cure. On the other hand, the wonderful moral qualities of the spring are not mentioned by modern travellers.]

40. KING THEODORIC TO BOETIUS THE PATRICIAN.

[Sidenote: Boetius to choose a harper for the King of the Franks.]

'The King of the Franks [Clovis] has asked us to send him a harper. We felt that in you lay our best chance of complying with his request, because you, being such a lover of music yourself, will be able to introduce us to the right man.'

Reflections on the nature of music. She is the Queen of the senses; when she comes forth from her secret abiding place all other thoughts are cast out. Her curative influence on the soul.

The five tones: the Dorian[272], influencing to modesty and purity; the Phrygian to fierce combat; the Aeolian to tranquillity and slumber; the Ionian (Jastius), which sharpens the intellect of the dull and kindles the desire of heavenly things; the Lydian, which soothes the soul oppressed with too many cares.

[Footnote 272: Cf. Milton:

'To the Dorian mood Of flutes and soft recorders; such as rais'd To highth of noblest temper heroes old Arming to battle, and instead of rage Deliberate valour breath'd, firm and unmov'd With dread of death to flight or foul retreat.']

We distinguish the highest, middle, and lowest in each tone, obtaining thus in all fifteen tones of artificial music.

The diapason is collected from all, and unites all their virtues.

Classical instances of music:

Orpheus. Amphion. Musaeus.

The human voice as an instrument of music. Oratory and Poesy as branches of the art.

The power of song: Ulysses and the Sirens.

David the author of the Psalter, who by his melody three (?) times drove away the evil spirit from Saul.

The lyre is called 'chorda,' because it so easily moves the hearts (corda) of men.

As the diadem dazzles by the variegated lustre of its gems, so the lyre with its divers sounds.

The lyre, the loom of the Muses.

Mercury, the inventor of the lyre, is said to have derived the idea of it from the harmony of the spheres. This astral music, apprehended by reason alone, is said to form one of the delights of heaven. 'If philosophers had placed that enjoyment not in sweet sounds but in the contemplation of the Creator, they would have spoken fitly; for there is truly joy without end, eternity abiding for ever without weariness, and the mere contemplation of the Divinity produces such happiness that nothing can surpass it. This Being furnishes the true immortality; this heaps delight upon delight; and as outside of Him no creature can exist, so without Him changeless happiness cannot be[273].

[Footnote 273: 'Bene quidem arbitrati, si causam celestis beatitudinis non in sonis sed in Creatore possuissent; ubi veraciter sine fine gaudium est, sine aliquo taedio manens semper aeternitas: et inspectio sola Divinitatis efficit, ut beatius esse nil possit. Haec veraciter perennitatem praestat: haec jucunditates accumulat; et sicut praeter ipsam creatura non extat, ita sine ipsâ incommutabilem laetitiam habere non praevalet.']

'We have indulged ourselves in a pleasant digression, because it is always agreeable to talk of learning with the learned; but be sure to get us that _Citharoedus_, who will go forth like another Orpheus to charm the beast-like hearts of the Barbarians. You will thus both obey us and render yourself famous.'

41. KING THEODORIC TO LUDUIN [CLOVIS], KING OF THE FRANKS.

[Sidenote: Victories of Clovis over the Alamanni.]

Congratulates him on his recent victories over the Alamanni. Refers to the ties of affinity between them (Theodoric having married the sister of Clovis). Clovis has stirred up the nation of the Franks, 'prisca aetate residem,' to new and successful encounters. 'It is a memorable triumph that the impetuous Alaman should be struck with such terror as even to beg for his life. Let it suffice that that King with all the pride of his race should have fallen: let it suffice that an innumerable people should have been doomed either to the sword or to slavery.'

He recommends (almost orders) Clovis not to touch the panic-stricken refugees who have fled to the territory of Theodoric. Theodoric himself has always found that those wars were prosperously waged which were ended moderately.

Theodoric sends 'illum et illum' as ambassadors, to take certain verbal counsels from himself, to bring this letter and carry back the reply, and also to introduce the Citharoedus of whom we heard in the preceding letter[274].

[Footnote 274: There are two allusions to the relationship between the Kings: 'vestrae virtutis affinitate' (line 1), and 'ad parentum vestrorum defensionem confugisse' (line 10).]

[The campaign of Clovis against the Alamanni, referred to in this letter, is not mentioned by Gregory of Tours. Ennodius, however, in his Panegyric on Theodoric, and Agathias in his History, make distinct allusions to this event, and to Theodoric's reception of the vanquished Alamanni in his own dominions, probably in the valleys of Raetia.

This letter is very fully discussed by Von Schubert, at pp. 32-43 of his 'Unterwerfung der Alamannen' (Strassburg, 1884). I may also refer to 'Italy and her Invaders' iii. 390-91.

The date of the letter is probably about 504.]