BOOK IV.

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

1. KING THEODORIC TO HERMINAFRID, KING OF THE THURINGIANS.

[Sidenote: Marriage of Theodoric's niece to the King of the Thuringians.]

'Desiring to unite you to ourselves by the bonds of kindred, we bestow upon you our niece [Amalabirga, daughter of Theodoric's sister; see 'Anon. Valesii' § 70], so that you, who descend from a Royal stock, may now far more conspicuously shine by the splendour of Imperial blood[324]'. [A remarkable passage, as showing that Theodoric did in a sense consider himself to be filling the place of the Emperors of the West.]

[Footnote 324: 'Nunc etiam longius claritate Imperialis sanguinis fulgeatis.']

The virtues and intellectual accomplishments of the new Queen of the Thuringians are described.

'We gladly acknowledge the price of a favour, in itself beyond price, which, according to the custom of the nations, we have received from your ambassadors: namely, a team of horses, silvery in colour, as wedding-horses should be. Their chests and thighs are suitably adorned with round surfaces of flesh. Their ribs are expanded to a certain width. They are short in the belly. Their heads have a certain resemblance to the stag, the swiftness of which animal they imitate. These horses are gentle from their extreme plumpness; very swift notwithstanding their great bulk; pleasant to look at, still better to use. For they have gentle paces, not fatiguing their riders by insane curvetings. To ride them is repose rather than toil; and being broken-in to a delightful and steady pace, they can keep up their speed, over long distances.

'We too are sending you some presents, but our niece is the fairest present of all. May God bless you with children, so that our lines may be allied in future.'

2. KING THEODORIC TO THE KING OF THE HERULI. [Adopting him as his son by right of arms.]

[Sidenote: Herminafrid adopted as 'filius per arma' by Theodoric.]

'It has been always held amongst the nations a great honour to be adopted as "filius per arma." Our children by nature often disappoint our expectations, but to say that we esteem a man _worthy to be our son_ is indeed praise. As such, after the manner of the nations and in manly fashion, do we now beget you[325].

[Footnote 325: Notice the strong expression, 'Et ideo more gentium et conditione virili filium te praesenti munere _procreamus_.']

'We send you horses, spears, and shields, and the rest of the trappings of the warrior; but above all we send you our judgment that you are worthy to be our son[326]. Highest among the nations will you be considered who are thus approved by the mind of Theodoric.

[Footnote 326: 'Damus quidem tibi equos, enses clypeos, et reliqua instrumenta bellorum, sed quae sunt omnimodis fortiora, largimur tibi nostra judicia.']

'And though the son should die rather than see his father suffer aught of harm, we in adopting you are also throwing round you the shield of our protection. The Heruli have known the value of Gothic help in old times, and that help will now be yours. A and B, the bearers of these letters, will explain to you in Gothic (patrio sermone) the rest of our message to you[327].

[Footnote 327: In 512, says Marcellinus Comes, 'Gens Erulorum in terras atque civitates Romanorum jussu Anastasii Caesaris introducta.' But what relation that entry of the Heruli into Roman territory may bear to this letter is a very difficult question. See Dahn, Könige der Germanen ii. 8, _n._ 2.]

3. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES.

[Conferring upon him the dignity of 'Comitiva Patrimonii.']

[Sidenote: Senarius made Comes Patrimonii.]

'The master's fame is enhanced by choosing the right persons for his servants. The Sovereign ought to promote such persons that whenever he condescends to behold them he may feel that his _judicia_[328] have been justified. We therefore hereby bestow upon you, for the fourth Indiction [Sept. 1, 510], the Illustrious dignity of Comes of our Patrimony.'

[Footnote 328: Same expression as in preceding letter.]

Services of Senarius as a diplomatist, in standing up against Barbarian Kings and subduing their intellects to the moderate counsels of Theodoric[329].

[Footnote 329: 'Subiisti saepe arduae legationis officium. Restitisti regibus non impar assertor, coactus justitiam nostram et illis ostendere, qui rationem vix poterant cruda obstinatione sentire. Non te terruit contentionibus inflammata regalis auctoritas,' etc.]

His success as an advocate[330]. The charm of his pronunciation. His purity of morals; his popularity with high and low. He is exhorted still to cultivate these dispositions, and to win favour for his office by his affable demeanour.

[Footnote 330: 'Usus es sub exceptionis officio eloquentis ingenio.' 'Exceptio' is a law term, the defendant's answer to the plaintiff's bill; but is it so used here?]

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

[Announcing the promotion of Senarius, conferred in the preceding letter.]

[Sidenote: On the same subject.]

Describes the merits of the new Comes, who when young in years but mature in merit had entered the service of the Palace; his diplomatic career[331] and his moderation and reserve in the midst of success, although naturally 'joy is a garrulous thing,' and it is difficult for men who are carrying all before them to restrain the expression of their exaltation.

[Footnote 331: Again we have 'exceptiones' mentioned (see preceding letter). 'Nunc ad colloquia dignus, _nunc ad exceptiones aptissimus_, frequenter etiam in legationis honorem electus.']

Compliments to the Senate, who are invited to give a hearty welcome to the new comer.

5. KING THEODORIC TO AMABILIS, VIR DEVOTUS[332] AND COMES.

[Footnote 332: Probably this epithet means that Amabilis was a Sajo.]

[Sidenote: Supply of provisions to famine-stricken Provinces of Gaul.]

'Having heard that there is dearth in our Gaulish Provinces we direct your Devotion to take bonds from the shipmasters along the whole western coast of Italy (Lucania, Campania, and Thuscia) that they will go with supplies of food only to the Gauls, having liberty to dispose of their cargoes as may be agreed between buyer and seller. They will find their own profit in this, for there is no better customer for a corn-merchant than a hungry man. He looks on all his other possessions as dross if he can only supply the cravings of necessity. He who is willing to sell to a man in this condition almost seems to be _giving_ him what he needs, and can very nearly ask his own price.'

[It will be seen that in this letter there is no attempt to fix a maximum price, only to prescribe the kind of cargo, 'victuales species,' which is to be carried to Gaul.]

6. KING THEODORIC TO SYMMACHUS, VIR ILLUSTRIS, PATRICIAN.

[Sidenote: The sons of Valerian to be detained in Rome.]

'The Spectabilis Valerian, who lives at Syracuse, wishes to return thither himself, but that his sons, whom he has brought to Rome for their education, may be detained in that City.

'Let your Magnificence therefore not allow them to leave the aforesaid City till an order has been obtained from us to that effect. Thus will their progress in their studies be assured, and proper reverence be paid to our command. And let none of them think this a burden, which should have been an object of desire[333]. To no one should Rome be disagreeable, for she is the common country of all, the fruitful mother of eloquence, the broad temple of the virtues: it is a striking mark of our favour to assign such a City as a residence to any of our subjects[334].'

[Footnote 333: 'Non ergo sibi putet impositum quod debuit esse votivum. Nulli sit ingrata Roma, quae dici non potest aliena. Illa eloquentiae foecunda mater, illa virtutum omnium latissimum templum.']

[Footnote 334: Cf. the very similar letter, i. 39.]

7. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES PRIVATARUM.

[Sidenote: Losses by shipwreck to be refunded to those who were sending provisions to Gaul.]

'Any calamity which comes upon a man from causes beyond his control ought not to be imputed to him as a fault. The pathetic petition of the Superintendents of Grain[335] informs us that the cargoes which they destined for Gaul have perished at sea.

[Footnote 335: 'Prosecutores frumentorum.' It would seem that these are not merchants supplying the famine-stricken Provinces of Gaul as a private speculation (according to iv. 5), but public officers who have had certain cargoes of corn entrusted to them from the State magazines, and who, but for this letter, would be bound to make good the loss suffered under their management.]

'The framework of the timbers of the ships gaped under the violence of the winds and waves, and from all that overabundance of water nothing remains to them but their tears.

'Let your Sublimity therefore promptly refund to them the proportion (modiatio) which each of them can prove that he has thus lost. It would be cruel to punish them for having merely suffered shipwreck.'

8. KING THEODORIC TO THE HONOURED POSSESSORES AND CURIALES OF FORUM LIVII (FORLI).

[Sidenote: Transport of timber ordered for Alsuanum.]

'You must not think anything which we order hard; for our commands are reasonable, and we know what you ought to do. Your Devotion is therefore to cut timber and transport it to Alsuanum[336], where you will be paid the proper price for it.'

[Footnote 336: Where is this?]

9. KING THEODORIC TO OSUIN, VIR ILLUSTRIS AND COMES.

[Sidenote: Tuitio regii nominis.]

[This letter is quoted by Dahn ('Könige der Germanen' iii. 117) as an illustration of '_tuitio regii nominis_.']

'Maurentius and Paula, who are left orphans, inform us that their youth and helplessness expose them to the attacks of many unscrupulous persons.

'Let your Sublimity therefore cause it to be known that any suits against them must be prosecuted in our Comitatus, the place of succour for the distressed and of sharp punishment for tricksters.'

10. KING THEODORIC TO JOANNES, SENATOR AND CONSULARIS OF CAMPANIA.

[Sidenote: The lawless custom of Pignoratio is to be repressed.]

[A custom had apparently grown up during the lawless years of the Fifth Century, of litigants helping themselves, during the slow progress of the suit, to a 'material guarantee' from the fields of their opponents. This custom, unknown apparently at the time of the Theodosian Code, was called 'Pignoratio,' and was especially rife in the Provinces of Campania and Samnium.]

'How does peace differ from the confusion of war, if law-suits are to be settled by violence? We hear with displeasure from our Provincials in Campania and Samnium that certain persons there are giving themselves up to the practice of _pignoratio_. And so far has this gone that neighbours club together and transfer their claims to some one person who "pignorates" for the whole of them, thus in fact compelling a man to pay a debt to an entire stranger--a monstrous perversion of all the rules of law, which separates so delicately between the rights even of near relations, and will not allow the son to be sued for the father's debts unless he is the heir, nor the wife for the husband's unless she has succeeded to the estate. Hitherto our ignorance has allowed this lawless practice to exist. Now that we know of it we are determined to suppress it. Therefore, firstly, if any man lays violent hands on any property to secure an alleged claim, he shall at once forfeit that claim [and restore the _pignus_]. Secondly, where one has "pignorated" for another, he shall be compelled to restore twofold the value of that which he has taken. Thirdly, if any offender is so poor and squalid that restitution cannot be compelled from him, he shall be beaten with clubs.'

11. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS AND COMES.

[Sidenote: Dispute between Possessores and Curiales.]

'Let your Magnitude enquire into and decide promptly the dispute between the Possessores and Curiales of Velia.' [A conjectural emendation for _Volienses_.]

12. KING THEODORIC TO MARABAD, VIR ILLUSTRIS AND COMES; AND GEMELLUS, SENATOR.

[Sidenote: Archotamia's complaint against the extravagant widow of her grandson.]

'It is our purpose not only to defend by arms but to govern by just laws the Provinces which God has subjected to us.

'Archotamia, an illustrious lady who has lost her grandson by death, complains that his widow Aetheria, having married again with a certain Liberius, is wasting the property of her children in order to make her new home appear more splendid.

'Let your Sublimities enquire into this matter. After suppressing all violent action[337], placing the holy Gospels in the midst of the Court, and calling in three honourable persons agreed upon by the parties, as assessors, decide with their help upon the matter according to ancient law, due reference being had to the arrangements of modern times.'

[Footnote 337: 'Omni incivilitate submotâ.']

[Theodoric says that in not hearing the case himself, but referring it to Marabad and Gemellus, he is following his usual practice, 'remittere ad statuta Divalium sanctionum;' that is, apparently, according to the Theodosian Code. See Dahn, 'Könige der Germanen' iv. 140, _n._ 2.]

13. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES PRIVATARUM.

[Sidenote: Supplies for Colossaeus and his suite.]

'Let Colossaeus, who is sent as Governor to Pannonia Sirmiensis, have rations for himself and suite, according to ancient usage. [For his appointment, see Letters iii. 23 and 24.]

'A hungry army cannot be expected to preserve discipline, since the armed man will always help himself to that which he requires. Let him have the chance of buying, that he may not be forced to think what he can plunder. Necessity loves not a law[338], nor is it right to command the many to observe a moderation which even the few can barely practise.'

[Footnote 338: 'Necessitas moderamen non diligit.']

14. KING THEODORIC TO THE SAJO GESILA.

[Sidenote: Evasion of land-tax by Goths in Picenum and Thuscia.]

'It is a great offence to put off the burden of one's own debts upon other people. That man ought to pay the "tributum" for a property who receives the income of it. But some of the Goths in Picenum and the two Tuscanies[339] are evading the payment of their proper taxes[340]. This vicious practice must be suppressed at once, lest it spread by imitation. If anyone in a spirit of clownish stubbornness shall still refuse to obey our commands as expressed through you, affix the proper notice to his houses and confiscate them, that he who would not pay a small debt may suffer a great loss[341]. None ought to be more prompt in their payments to the exchequer than those [the Goths] who are the receivers of our donative. The sum thus given by our liberality is much more than they could claim as soldiers' pay. In fact _we_ pay them a voluntary tribute by the care which we have of their fortunes.'

[Footnote 339: 'Gothi per Picenum sive Thuscias utrasque residentes.' What are the two Thusciae?]

[Footnote 340: 'Debitas functiones.']

[Footnote 341: 'Si quis ergo jussa nostra agresti spiritu resupinatus abjecerit, casas ejus appositis titulis fisci nostri juribus vindicabis; ut qui juste noluit parva solvere, rationabiliter videatur maxima perdidisse.']

15. KING THEODORIC TO BENENATUS, SENATOR.

[Sidenote: New rowers to be selected. Their qualifications.]

'Being informed by the Illustrious and Magnificent Count of the Patrimony that twenty-one of the _Dromonarii_ [rowers in the express-boats] have been removed by the inconvenient incident of death, we hereby charge you to select others to fill their places. But they must be strong men, for the toil of rowing requires powerful arms and stout hearts to battle with the stormy waves. For what is in fact more daring than with one's little bark to enter upon that wide and treacherous sea, which only despair enables a man successfully to combat?'

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

[Sidenote: Arigern entrusted with the charge of the City of Rome.]

'Some time ago we committed the government of our new Gaulish Provinces to Arigern, a member of your body, that he might by his firmness and prudence bring about a settlement in that agitated country. This he has accomplished to our entire satisfaction, and, practising the lessons which he learned in your midst, he has also brought back warlike trophies from thence. We now decide to bestow upon him the charge of the Roman order.

'He is to see that the laws are vigorously administered, and that private revenge has no place.

'Receive, O Conscript Fathers, your honoured and venerable member back into your bosom.'

[It seems probable that Arigern was not appointed 'Praefectus Urbis,' because in Letter iv. 22 he is associated as Comes with Argolicus, 'Praefectus Urbis.' Was he 'Comes Urbis Romae?']

17. KING THEODORIC TO IDA, VIR SUBLIMIS AND DUX.

[Cf. the name of our own Northumbrian King.]

[Sidenote: Possessions of the Church of Narbonne to be restored to it.]

'We do not wish to disturb anything that has been well settled by a preceding King. Certain possessions of the Church of Narbonne, which were secured to it by grant of the late King Alaric of exalted memory, have been wrongfully wrested from it. Do you now restore these. As you are illustrious in war, so be also excellent in "civilitas." The wrong-doers will not dare to resist a man of your well-known bravery.'

18. KING THEODORIC TO ANNAS, SENATOR AND COMES.

[Sidenote: A priestly Ghoul.]

'Enquire if the story which is told us be true, namely that the Presbyter Laurentius has been groping for fatal riches among human corpses. An odious inversion of his functions, that he who should preach peace to the living has been robbing the dead, and that hands which have been touched with the oil of consecration should have been grasping at unholy gains, instead of distributing his own honestly acquired substance to the poor. If after diligent examination you find that the charge is true, you must make him disgorge the gold. As for punishment, for the sake of the honour of the priesthood we leave that to a higher Power[342].'

[Footnote 342: 'Scelus enim, quod nos pro sacerdotali honore relinquimus impunitum, majori pondere credimus vindicandum.' The words seem to be purposely vague, but I think they allude to the judgment of Heaven on the offender.]

19. KING THEODORIC TO GEMELLUS, SENATOR.

[Sidenote: The Siliquaticum not to be levied on corn, wine, and oil.]

'The Prince should try to remedy the afflictions of his subjects. Therefore, for the present time [probably on account of the scarcity in Gaul], we decree that the tax of Siliquaticum, which Antiquity ordained should be levied on all buyings and sellings, shall not be levied on corn, wine, and oil. We hope thus to stimulate trade, and to benefit not only the Provincials, who are our chief care, but also the merchants. Let the ship that traverses the seas not fear our harbours. Often the sailor dreads the rapacity of the collector of customs more than the danger of shipwreck. It shall not be so now.'

20. KING THEODORIC TO GEBERICH, SENATOR.

[Sidenote: Land taken from the Church to be restored to it.]

'If we are willing to enrich the Church by our own liberality, _à fortiori_ will we not allow it to be despoiled of the gifts received from pious princes in the past.

'The supplication of the Venerable Bishop Constantius informs us that a _jugum_ [= jugerum, about two-thirds of an English acre] of land so bestowed on the "sacrosanct" Church has been taken away from her, and is unlawfully held by the despoiler.

'See that right is done, and that the Church has her own restored to her without any diminution.'

21. KING THEODORIC TO GEMELLUS, SENATOR.

[Sidenote: Promptness and integrity required.]

'Be prompt in the execution of our orders. No one should think our commands harsh, since they are excused by the necessity of the times. [Reject the thought of all unjustly acquired gains, for] you are sure to receive from our favour all that you seem to lose by not yielding to temptation.'

22. KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS AND PRAEFECT OF THE CITY; AND

23. KING THEODORIC TO ARIGERN, VIR ILLUSTRIS AND COMES.

[Sidenote: Roman Senators accused of magic.]

These two letters relate to the affair of Basilius[343] and Praetextatus, men of high rank in Rome. They are accused of practising magical arts, and in the interval between the first and second letters they escape from prison by taking advantage of the insanity of the gaoler.

[Footnote 343: Basilius, the patron of Sidonius, was Consul in 463, and another Basilius, perhaps the father of the accused, was Consul in 480. The person here spoken of _may_ be the same as the Basilius, 'olim regio ministerio depulsus,' whom Boethius (Phil. Cons. i. 4) mentions as one of his accusers; but it seems more likely that in that case this imputation of magical practices would also have been referred to by him. The name Basilius was a somewhat common one at this time.]

Theodoric, who says that he will not suffer any such acts of treason against the Divine Majesty, and that it is not lawful for Christian times to deal in magical arts, orders the recapture of the offenders, who are to be handed over to a Quinque-viral Board, consisting of the Patricians Symmachus, Decius, Volusianus, and Caelianus, with the Illustrious Maximian, and by them examined; if guilty to be punished (probably with confiscation and exile); if innocent, of course to be discharged[344].

[Footnote 344: At the beginning of the first letter occurs the remarkable expression 'Abscedat ritus de medio jam profanus; conticescat _poenale murmur animarum_,' which the commentator interprets of the ventriloquistic sounds produced by soothsayers. Cf. Milton's Christmas Hymn:

'No voice or hideous hum Runs through the arched roof in words deceiving.']

[The association of the Quinque-viri with the Praefectus Urbis is a mark of the high rank of the accused. The Praefectus Urbis could not adjudicate on the crimes of Senators without five Assessors chosen by lot from that body. Arigern, who was entrusted (it is not quite clear in what capacity) with the 'Disciplina Romanae Civitatis,' is commissioned to bring the accused to trial. Baronius says that we do not hear whether they were ever re-captured.]

24. KING THEODORIC TO ELPIDIUS, DEACON [of Spoleto].

[Sidenote: Architectural restoration at Spoleto.]

Gives leave to pull down a _porticus_ behind the Baths of Turasius at Spoleto, and to build some new edifice [perhaps a church] on its site and on the site of a yard (areola) adjoining it, on condition only that the building thus pulled down is of no public utility.

Reflections on the duty of architectural restoration.

25. KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.

[It is to be borne in mind that the Praefectus Urbis was the Official President of the Senate.]

[Sidenote: Petrus to be inscribed as Senator.]

'Ambition ennobles man, and he who has aimed when young at high honours is often stimulated to lead a worthy life by the fact of having obtained them. We therefore look favourably on the petition of Petrus, illustrious by descent, and in gravity of character already a Senator, to enter the Sacred Order (the Senate); and we authorise your Illustrious Magnificence to inscribe his name, according to ancient custom, in the album of that body.'

[A Petrus, probably the same as the subject of this letter, was Consul in 516.]

26. KING THEODORIC TO ALL THE CITIZENS OF MARSEILLES[345].

[Footnote 345: 'Universis Massiliae constitutis.' A curious expression.]

[Sidenote: Taxes remitted for a year.]

Confirms all privileges and immunities granted by previous Princes, and remits the taxes (censum) for one year, a boon which they had not dared to ask for. 'For that is perfect _pietas_, which before it is bent by prayer, knows how to consider the weary ones.'

[Here, as in many other passages of Cassiodorus, _pietas_ shows signs of passing into the Italian _pietà_ (= pity).]

27. KING THEODORIC TO THE SAJO TEZUTZAT,

AND

28. KING THEODORIC TO DUDA, SENATOR AND COMES.

[Sidenote: Petrus assaulted by the Sajo who was assigned for his protection.]

[Duda was also a Sajo, as we see from Letter 32. Dahn ('Könige der Germanen' iv. 142, _n._ 3) thinks he was Comes Gothorum.]

Both letters relate to the affair of Petrus (a Vir Spectabilis, and probably the same whose admission to the Senate is ordered by iv. 25).

This Roman nobleman, according to a usage common under Theodoric's government, has had the Gothic Sajo Amara assigned to him as his Defensor. Amara, by an inversion of his functions, which the letter bitterly laments and upbraids, has turned upon his _protegé_ and even used personal violence towards him. He has drawn a sword and wounded him in the hand; and nothing but the fact that Petrus was sheltered by a door saved him from losing his hand altogether.

Yet, notwithstanding this assault, Amara has had the audacity to claim from his victim 'commodi nomine,' the usual payment made by the defended to the defender.

The first letter decrees that this shall be refunded twofold, and assigns Tezutzat instead of Amara to the office of Defender, warning him not to follow the evil example of his predecessor.

The second assigns to Duda the task of enquiring into the alleged assault and punishing it with the sword[346].

[Footnote 346: The story of this assault is a typical specimen of the style of Cassiodorus, high-flown yet not really pictorial: 'Ita ut ictum gladii in se demersum, aliquatenus postium retardaret objectio: subjecta est vulneri manus, quae ut in totum truncata non caderet, januarum percussa robora praestiterunt: ubi lassato impetu corusca ferri acies corporis extrema perstrinxit.']

29. KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS, PRAEFECT OF THE CITY.

[Sidenote: Official tardiness rebuked.]

A sharp rebuke to him for having (if the _suggestio_ of the Clarissimus Armentarius be correct) so long delayed, it is to be feared with a corrupt motive, complying with the instructions of the King to do justice in some case (not described) in which the honour of the Senate is concerned. As head of the Senate he ought to have been eager to examine into it, without any prompting from his master.

30. KING THEODORIC TO ALBINUS, VIR ILLUSTRIS AND PATRICIAN.

[Sidenote: Workshops may be erected above the Porticus Curba, by the Roman Forum.]

'Those whom the Republic has honoured should in their turn bring honour to the City. We are therefore gratified by receiving your supplication for leave to erect workshops[347] above the Porticus Curba, which being situated near the Domus Palmata, shuts in the Forum in comely fashion "in modum areae." We like the plan. The range of private dwellings will thereby be extended. A look of cheerful newness will be given to the old walls; and the presence of residents in the building will tend to preserve it from further decay. You have our permission and encouragement to proceed, if the proposed erections do not in any way interfere with public convenience or the beauty of the City.'

[Footnote 347: Fabricae.]

[The MSS. of Cassiodorus waver between Curbae and Curiae in the above letter. Jordan ('Topographie der Stadt Rom.' i. 2. 258) inclines to the opinion that Porticus Curba denotes the Portico of the Secretarium of the Senate, on the site of the present Church of Sta. Martina. As the Curia immediately adjoined this building, there is practically but little difference between the two readings. In either case the fabricae were to be erected so as to overlook the north-west end of the Forum. It is admitted that the Domus Palmata was near the Arch of Septimius Severus.]

31. KING THEODORIC TO AEMILIANUS, VIR VENERABILIS, BISHOP.

[Sidenote: An aqueduct to be promptly finished.]

'Wise men should finish what they have begun, and not incur the reproach which attends half-done work.

'Let your Holiness therefore promptly complete what by our authority you so well began in the matter of the aqueduct, and thus most fitly provide water for your thirsting flock, imitating by labour the miracle of Moses, who made water gush forth from the flinty rock.'

32. KING THEODORIC TO DUDA THE SAJO.

[Sidenote: The rights of the Crown to the property of the proscribed man, Tupha, to be asserted with moderation.]

'We are anxious strictly to obey the laws, and to take no advantage over our subjects in courts of justice. If a man knows that he can get his own by legal process, even from the Sovereign, he is the less likely to seek it by the armed hand. The memorandum of Marinus informs us that the property of Tupha was long ago mortgaged to a certain Joannes[348]. But since it is quite clear that the property of a proscribed man belongs to our fiscus, we desire you to summon the widow of this Joannes and his secretary Januarius, "moderata executione."

[Footnote 348: 'Marini relatione comperimus res Tuphae apud Joannem quondam sub emissione chirographi fuisse depositas.']

'If they acknowledge that they have no right to the property let them at once restore it; but if not, let them come before the _Consularis_ of Campania and establish their right according to course of law.

'But let all be done without loss or prejudice to the rights of innocent persons. If any such charge be established against you, _you_ will become the offender in our eyes.'

[The description of Tupha as 'proscriptus' makes it probable that we are dealing with that officer of Odovacar whose double treachery (489-490) so nearly caused the failure of Theodoric's invasion of Italy, and who finally fell in battle against his fellow-rebel, Frederic the Rugian. The only difficulty is the lapse of time since those events, as this letter was probably written not earlier than about 511; but that is in some degree met by the word _quondam_ in the sentence quoted (_n._ 1, p. 250).]

33. KING THEODORIC TO ALL THE JEWS OF GENOA.

[Sidenote: Privileges of the Jews confirmed.]

'The true mark of _civilitas_ is the observance of law. It is this which makes life in communities possible, and which separates man from the brutes. We therefore gladly accede to your request that all the privileges which the foresight of antiquity conferred upon the Jewish customs shall be renewed to you[349], for in truth it is our great desire that the laws of the ancients shall be kept in force to secure the reverence due to us[350]. Everything which has been found to conduce to _civilitas_ should be held fast with enduring devotion.'

[Footnote 349: 'Privilegia debere servari quae Judaicis institutis legum provida decrevit antiquitas.']

[Footnote 350: 'Quod nos libenter annuimus qui jura veterum ad nostram cupimus reverentiam custodiri.']

34. KING THEODORIC TO DUDA THE SAJO.

[Sidenote: Buried treasure to be reclaimed for the State.]

'It is the part of true prudence to recall to the uses of commerce "the talent hidden in the earth." We therefore direct you, by this "moderata jussio," where you hear of buried treasures to proceed to the spot with suitable witnesses and reclaim for the public Treasury either gold or silver, abstaining, however, from actually laying hands on the ashes of the dead[351]. The dead can do nothing with treasure, and it is not greedy to take away what the holder of it can never mourn the loss of.

[Footnote 351: How this was to be done is not quite clear, since it is plain that this letter is really and chiefly an order for rifling _sepulchres_ in search of buried treasure.]

'Eacus is said to have discovered the use of gold, and Indus, King of the Scythians, that of silver. They are extremely useful metals.'

35. KING THEODORIC TO THE REPRESENTATIVES (ACTORES) OF ALBINUS.

[Sidenote: An extravagant minor. Restitutio in integrum.]

'It has been wisely decided by Antiquity that minors cannot make a binding contract, for they are naturally the prey of every sharper. You allege that your _patronus_ [Albinus] is under age, that he is heaping up expenses instead of property, and that his raw boyhood does not know what is really for his benefit. If this be correct, and be legally proved, he is entitled to a _restitutio in integrum_' [a suit commenced through these Actores for the quashing of the contracts which have been fraudulently made with the minor].

[For the _restitutio in integrum_, see Cod. Theod. ii. 16. 1, and vi. 4. 16. Nothing seems to be expressly said in this letter about the appointment of a _Curator_.]

36. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT. A.D. 509-510.

[Sidenote: Remission of taxes for Provincials of Cottian Alps.]

'A wise ruler will always lessen the weight of taxation when his subjects are weighed down by temporary poverty. Therefore let your Magnificence remit to the Provincials of the Cottian Alps the _as publicum_ for this year [the third Indiction], in consideration of their losses by the passage of our army. [The army of Ibbas, on its march in 408 to fight Clovis, after the fall of the Visigothic Monarchy.] True, that army went forth with shouts of concord to _liberate_ Gaul. But so a river bursting forth may irrigate and fertilise a whole country, and yet destroy the increase of that particular channel in which its waters run.

'We have earned new subjects by that campaign: we do not wish them to suffer loss by it. Our own heart whispers to us the request which the subjects dare not utter to their Prince.'

37. KING THEODORIC TO THE ILLUSTRIOUS WOMAN THEODAGUNDA.

[Sidenote: Theodagunda is admonished to do justice to Renatus.]

Warns Theodagunda [apparently a member of the royal family and governing some Province; but what place could she hold in the Roman official hierarchy?], that she must emulate the virtue of her ancestors and show prompt obedience to the royal commands. 'The lamentable petition of Renatus states that, after judgment given in his favour by the King's Court, he is still harassed by the litigation (not in the way of regular appeal) of Inquilina, who appears to be not so much desirous of victory as anxious to ruin his adversary.' [Notwithstanding the form of the name I think Inquilina is male, not female.]

'You must see that this is put right at once.'

38. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sidenote: Taxes must be reduced to the figure at which they stood in the days of Odoacer.]

'The inhabitants of Gravasi (?) and Ponto (?) complain that they have been overloaded with taxes by the Assessors (discussores) Probus and Januarius. They have bad land, and say that they really cannot cope with the taxes imposed upon them [at the last Indiction?]. The former practice is to be reverted to, and they are not to be called upon to pay more than they did in the days of Odoacer.' [An evidence that in one case at least the fiscal yoke of Odoacer was lighter than that of his successor.]

39. KING THEODORIC TO THEODAHAD, VIR ILLUSTRIS [AND NEPHEW OF THE KING].

[Sidenote: The encroachments of Theodahad repressed.]

'Avarice, which Holy Writ declares to be "the root of all evil," is a vulgar vice which you, our kinsman, a man of Amal blood, whose family is known to be royal, are especially bound to avoid[352].

[Footnote 352: 'Amali sanguinis virum nos decet vulgare desiderium: quia genus suum conspicit esse purpuratum.']

'The Spectabilis Domitius complains to us that such and such portions of his property have been seized by you with the strong hand, without any pretence of establishing a legal claim to them.

'We send the Sajo Duda to you, and order you on his arrival[353], without any delay, to restore the property which you have taken possession of, with all the moveables of which you have despoiled it.

[Footnote 353: 'Si momenti tempora suffragantur.' What is the meaning of this limitation?]

'If you have any claim to make to the lands in question, send a person fully informed of the facts to our Comitatus, and there let the case be fairly heard.

'A high-born man should ever act according to well-ordered _civilitas_. Any neglect of this principle brings upon him odium, proportioned to the oppression which the man of humbler rank conceives himself to have suffered at his hands.'

40. KING THEODORIC TO THE REPRESENTATIVES (ACTORES) OF PROBINUS.

[Sidenote: The affair of Agapeta. Basilius, her husband, ordered to plead.]

Recurs to the case of the Possessio Areciretina, which Agapeta, the wife of Basilius, had given (or sold) to Probinus, and which Probinus was commanded to restore. (See Letters ii. 10 and 11.)

The petition, now presented by the representatives of Probinus, puts a somewhat different face upon the matter, and seems to show that the sale by Agapeta (notwithstanding her melancholy condition of fatuity and vice) was a _bonâ fide_ one, for sufficient consideration.

Her husband Basilius is now ordered to reply to the pleadings of the opposite party, either at the King's Comitatus, or in some local court of competent jurisdiction. The King's Comitatus is meant to be a blessing to his subjects, and recourse to it is not made compulsory where, on account of distance, the suitor would rather be excused from resorting to it.

41. KING THEODORIC TO JOANNES, ARCH-PHYSICIAN.

[Sidenote: An unjust judgment against Joannes reversed.]

'A King should delight to succour the oppressed.

'You inform us that, by the devices of the Spectabilis Vivianus and his superior knowledge of the laws, an unjust judgment was obtained against you, in default, in the Court of the Vicarius of the City of Rome: that Vivianus himself has now renounced the world, repents of his injustice to you, and interposes no obstacle to the restitution of your rights. We therefore (if your statements shall prove to be correct) quash the sentence against you, restore you to your country and your property, and that you may be preserved from future molestation, founded on the old sentence against you, we assign you to the guardianship (tuitio) of the Patrician Albinus, without prejudice to the laws (salvis legibus).

'We wish that nothing contrary to _civilitas_ should be done, since our daily labour is for the repose of all.' [I presume that this letter is in fact an edict for 'Restitutio in integrum.']

42. KING THEODORIC TO ARGOLICUS, PRAEFECT OF THE CITY.

[Sidenote: The sons of Velusian to have their property restored to them.]

'Under a good King the loss even of a father should be less felt than with a different ruler, for the King is the father of his people.

'The petition of Marcian and Maximius, sons of Velusian (Patrician and Magnificus), sets forth that they lost their father at Easter; that thus the time of joy to all Christians became to them a season of sorrow; that while they were immersed in their grief and incapable of attending to their affairs, "the tower of the circus and the place of the amphitheatre[354]," which had belonged to their illustrious father, were by some heartless intriguer wrested from them, under the authority of the Praefect.

[Footnote 354: Can this be the Amphitheatrum Castrense?]

'Be pleased to enquire into this matter, and if those places truly belonged to Velusian, restore them to his sons. We wish to cherish rather than oppress the sons of illustrious men, who are the germ of our future Senate.'

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

[Sidenote: Punishment of incendiaries who have burned a Jewish Synagogue.]

[On the burning of the Jewish synagogue. This synagogue of the Jews was in the Trastevere. See Gregorovius i. 296-298 for a description of it. I do not know on what authority he assigns 521 for the date of the tumult in which it was burned.]

'The propriety of manners which is characteristic of the City of Rome must be upheld. To fall into the follies of popular tumult, and to set about burning their own City, is not like the Roman disposition[355].

[Footnote 355: 'Levitates quippe seditionum et ambire propriae civitatis incendium, non est velle Romanum.']

'But we are informed by Count Arigern[356] that the populace of Rome, enraged at the punishment inflicted on some Christian servants who had murdered their Jewish masters, has risen in fury and burned their synagogue to the ground[357], idly venting on innocent buildings their anger against the men who used them.

[Footnote 356: It happens that one of the letters addressed to Count Arigern also refers to a Jewish synagogue. See iii. 45.]

[Footnote 357: 'Quod in dominorum caede proruperit servilis audacia: in quibus cum fuisset pro districtione publicâ resecatum, statim plebis inflammata contentio synagogam temerario duxerunt incendio concremandam.' The above is Gregorovius' explanation of the somewhat enigmatical language of Cassiodorus.]

'Be pleased to enquire into this matter, and severely punish the authors of the tumult, who are probably few in number.

'At the same time enquire into the complaints which are brought against the Jews, and if you find that there is any foundation for them, punish accordingly.'

44. KING THEODORIC TO THE VENERABLE ANTONIUS, BISHOP OF POLA.

[Sidenote: Bishop Antonius called upon to do justice to Stephanus.]

'It is an invidious task to have to listen to complaints against the revered ministers of the Church.

'But the petition of Stephanus sets forth that a property, which belonged to him before the time of your predecessor, has, within the last nine months, wrongfully, and in defiance of _civilitas_, been seized by the officers of your church. If this be so, we desire you, as a matter of justice, to correct what your familiars have done amiss, and restore it to him without delay. But if you dispute his title, send a properly instructed person to plead the cause in our Comitatus.

'You will be better off by having the matter enquired into and settled, than if the complaints of Stephanus had never come to a hearing[358].'

[Footnote 358: There are some technical terms in this letter the meaning of which is not clear to me: 'Eam justitiae consideratione _momenti_ jure restituite supplicanti.... Veruntamen si partibus vestris in _causa_ possessionis _momentaria_ vel _principali_ justitiam adesse cognoscitis.']

45. KING THEODORIC TO THE COMITES, DEFENSORES, AND CURIALES OF TICINUM (PAVIA).

[Sidenote: The Heruli to be forwarded on their way to Ravenna.]

[It is not easy to see why this order should be addressed to the inhabitants of Ticinum. Had the Heruli crossed the Alps by some pass near the modern Simplon?]

'We have ordered the Heruli, who are suppliants to us, to come to our Comitatus at Ravenna.

'Provide them promptly with ships of provisions for five days, that they may at once see the difference between Italy and their own hungry country[359].'

[Footnote 359: It is probably to the same transaction that Marcellinus Comes refers when he says, s.a. 512: 'Gens Erulorum in terras atque civitates Romanorum jussu Anastasii Caesaris introducta.' The words 'jussu Anastasii Caesaris' represent this chronicler's tendency to refer everything that is done in Italy to the initiation of Byzantium.]

46. KING THEODORIC TO MARABAD, VIR ILLUSTRIS.

[Sidenote: The case of the wife of Liberius to be reheard.]

'The Spectabilis Liberius[360] complains that his wife has had an unjust judgment given against her in your Court. Try the case over again, associating with yourself arbitrators chosen by both parties. If it cannot so be ended, let them appoint properly instructed persons to represent them at our Comitatus, if they cannot come themselves.'

[Footnote 360: Possibly a son of the Praefect Liberius.]

47. KING THEODORIC TO GUDISAL THE SAJO.

[Sidenote: Abuses of the Cursus Publicus.]

'If the public post-horses (veredi) are not allowed proper intervals of rest they will soon be worn out.

'We are informed by our _legati_ that these horses are constantly employed by persons who have no right to use them.

'You are therefore to reside in Rome, and to put yourself in constant communication with the officers of the Praefectus Praetorio and the Magister Officiorum, so as not to allow any to leave the City using the horses of the _Cursus Publicus_ except the regularly commissioned agents of those two functionaries. Anyone transgressing is to pay a fine of 100 solidi (£60) per horse; not that the injury to the animal is represented by so high a figure, but in order to punish his impertinence. Our Sajones, when sent with a commission, are to go straight to the mark and return, not to make pleasure-tours at the public expense; and if they disobey this order, they are to pay the same fine as that just mentioned.

'Moreover, the extra horses (parhippi) are not to be weighted with a load of more than 100 lbs. For we wish our messengers[361] to travel in light marching order, not to make of their journey a regular domestic migration.

[Footnote 361: 'Mittendarii.' A 'Scrinium Mittendariorum' formed part of the staff of the Count of Sacred Largesses. See Theodosian Code vi. 30. 7.]

'Cranes, when they are going to cross the sea, clasp little pebbles with their claws, in order to steady without overweighting themselves. Why cannot those who are sent on public errands follow so good an example? Every transport master[362] who violates this rule by loading a horse with more than 100 lbs. shall pay 50 solidi (£30).

[Footnote 362: 'Catabulensis.' See iii. 10.]

'All fines levied under this edict are to go to the benefit of the postal-servants[363], and thus the evil will, as we so often see in human affairs, furnish its own remedy.'

[Footnote 363: 'Mancipes mutationum.' The 'mutationes' were the places for changing horses; there are generally two of them between each 'mansio' (hostelry). Probably the horses were found by the 'Mancipes mutationum.' It was therefore a sort of _corvée_.]

48. KING THEODORIC TO EUSEBIUS, VIR ILLUSTRIS.

[Sidenote: Honourable retirement of Eusebius.]

'After the worries of the noisy City, and the heavy burden of your official duties, your Greatness is longing to taste the sweetness of country life. When therefore you have finished your present duties, we grant you by our authority a holiday of eight months in the charming recesses of Lucania [near Cassiodorus' own country], to be reckoned from the time when by Divine [royal?] favour you depart from the City. When those months are at an end, return with speed, much missed as you will be, to your Roman habitation, to the assembly of the nobles, and to social intercourse of a kind that is worthy of your character.'

49. KING THEODORIC TO ALL THE PROVINCIALS AND THE LONG-HAIRED MEN[364], THE DEFENSORES AND THE CURIALES RESIDING IN SUAVIA[365].

[Footnote 364: _Capillatis._ The only passage which throws a light on this name--and that is a doubtful one--is Jordanes, De Rebus Geticis xi. After describing the _pileati_, the tiara-wearing priests of the Getae, he says: 'Reliquam vero gentem capillatos dicere jussit [Diceneus] quod nomen Gothi pro magno suscipientes adhuc hodie suis cantionibus reminiscuntur.']

[Footnote 365: _Suavia_ is nearly equivalent to the modern Sclavonia, between the rivers Drave and Save.]

[Sidenote: Fridibad to be Governor of Suavia, and to punish freebooters.]

'The King's orders must be vigorously executed, that terror may be struck into the hearts of the lawless, and that those who have suffered violence may begin to hope for better days. Often the threat of punishment does more to quiet a country than punishment itself. Therefore, under Divine guidance, we have appointed Fridibad to be your Governor.

'He will punish cattle-lifters with due severity, will cut off murderers, condemn thieves, and render you, who are now torn by presumptuous iniquity, safe from the daring attempts of villains. Live like a settled people; live like men who have learned the lessons of morality; let neither nationality nor rank be alleged as an excuse from these duties. If any man gives himself up to wicked courses, he must needs undergo chastisement.'

50. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sidenote: Remission of taxes for Campanians who have suffered from an eruption of Vesuvius.]

'The Campanians complain that their fields have been devastated by an eruption of Vesuvius, and ask in consequence for a remission of tribute. [This eruption is assigned--I do not know on what authority--to the year 512[366].]

[Footnote 366: The passage in Marcellinus Comes, s.a. 512, which at first sight seems to describe an eruption taking place in that year, really describes the _commemoration_ of the eruption of 472. See following note.]

'Let your Greatness send men of proved integrity to the territories of Neapolis and Nola, who may examine the ravaged lands for themselves, and proportion the relief granted, to the amount of damage done in each case.

'That Province is visited at intervals by this terrible calamity, as if to mar its otherwise perfect happiness. There is one favourable feature in the visitation. It does not come wholly unawares. For some time before, the mountain groans with the strife of Nature going on inside it, and it seems as if an angry spirit within would terrify all the neighbourhood by his mighty roar. Then the air is darkened by its foul exhalations; hot ashes scudding along the sea, a shower of drops of dust upon the land, tell to all Italy, to the transmarine Provinces, to the world, from what calamity Campania is suffering[367].

[Footnote 367: In the eruption of 472 (apparently the last great eruption previous to 512), the ashes were carried as far as Byzantium, the inhabitants of which city instituted a yearly religious service in memory of the event: 'Vesuvius mons Campaniae torridus intestinis ignibus aestuans exusta evomuit viscera, nocturnisque in die tenebris incumbentibus, _omnem Europae faciem minuto contexit pulvere_. Hujus metuendi memoriam cineris Byzantii annue celebrant VIII Idus Novembris.' The eruption was accompanied by widespread earthquake: 'In Asia aliquantae civitates vel oppida terrae motu collapsa sunt' (Marcellinus Comes, sub anno).]

'Go nearer: you will see as it were rivers of dust flowing, and glowing streams of barren sand moving over the country. You see and wonder: the furrows of the fields are suddenly lifted to a level with the tops of the trees; the country, which but now was dressed in a robe of gladsome greenness, is laid waste by sudden and mournful heat. And yet, even those sandy tracts of pumice-stone which the mountain vomits forth, dry and burnt up as they appear, have their promise of fertility. There are germs within them which will one day spring to life, and re-clothe the mountain side which they have wasted.

'How strange that one mountain alone should thus terrify the whole world! Other mountains may be seen with silently glowing summits; this alone announces itself to distant lands by darkened skies and changed air. So it still goes on, shedding its dusty dews over the land; ever parting with its substance, yet a mountain still undiminished in height and amplitude. Who that sees those mighty blocks in the plain would believe that they had boiled over from the depths of that distant hill, that they had been tossed like straws upon the wind by the angry spirit of the mountain?

'Therefore let your Prudence so manage the enquiry that those who have really suffered damage shall be relieved, while no room is left for fraud.'

51. KING THEODORIC TO SYMMACHUS, PATRICIAN[368].

[Footnote 368: The father-in-law of Boethius.]

[Sidenote: Commends the public spirit of Symmachus, as shown in the restoration of Pompey's theatre.]

Commends him for the diligence and skill with which he has decorated Rome with new buildings--especially in the suburbs, which no one would distinguish from the City except for the occasional glimpses of pleasant fields; and still more for his restoration of the massive ruins of past days[369], chiefly the theatre of Pompeius.

[Footnote 369: We have here a striking description of the massive strength of the public buildings of Rome: '[Videmus] caveas illas saxis pendentibus apsidatas ita juncturis absconditis in formas pulcherrimas convenisse, ut cryptas magis excelsi montis crederes quam aliquid fabricatum esse judicares.']

As the letter is addressed to a learned man, it seems a suitable opportunity to explain why Antiquity reared this mighty pile. Accordingly a very long digression follows on the origin, progress, and decline of Tragedy, Comedy, and Pantomime.

It is remarked incidentally that Pompeius seems to have derived his appellation _Magnus_ chiefly from the building of this wonderful theatre.

The expense which Symmachus has been put to in these vast works is to be refunded to him by the _Praepositus Sacri Cubiculi_, that he may still have the glory of the work, but that the King may have done his due part in preserving the memorials of Antiquity.