[Cf. ii. 41 as to these Alamannic exiles. Possibly this letter as well as that refers to their expulsion by Clovis (cir. 504); but it seems more probable, as von Schubert suggests (pp. 52-54), that we have here to do with a removal of some of the Alamannic subjects of Theodoric from Raetia to Noricum, in order to guard the north-east frontier of the kingdom.]

51. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sidenote: Stipend of Thomas the Charioteer. Description of the Circus.]

'Constancy in actors is not a very common virtue, therefore with all the more pleasure do we record the faithful allegiance of Thomas the Charioteer, who came long ago from the East hither, and who, having become champion charioteer, has chosen to attach himself to "the seat of our Empire[309];" and we therefore decide that he shall be rewarded by a monthly allowance. He embraced what was then the losing side in the chariot races and carried it to victory—victory which he won so often that envious rivals declared that he conquered by means of witchcraft.

[Footnote 309: 'Nostri sedes delegit fovere Imperii.']

'The sight of a chariot-race (spectaculum) drives out morality and invites the most trifling contentions; it is the emptier of honourable conduct, the ever-flowing spring of squabbles: a thing which Antiquity commenced as a matter of religion, but which a quarrelsome posterity has turned into a sport.

'For Aenomaus is said first to have exhibited this sport at Elis, a city of Asia (?), and afterwards Romulus, at the time of the rape of the Sabines, displayed it in rural fashion to Italy, no buildings for the purpose being yet founded. Long after, Augustus, the lord of the world, raising his works to the same high level as his power, built a fabric marvellous even to Romans, which stretched far into the Vallis Murcia. This immense mass, firmly girt round with hills, enclosed a space which was fitted to be the theatre of great events.

'Twelve Ostia at the entrance represent the twelve signs of the Zodiac. These are suddenly and equally opened by ropes let down by the Hermulae (little pilasters)[310]. The four colours worn by the four parties of charioteers denote the seasons: green for verdant spring, blue for cloudy winter, red for flaming summer, white for frosty autumn. Thus, throughout the spectacle we see a determination to represent the works of Nature. The Biga is made in imitation of the moon, the Quadriga of the sun. The circus horses (Equi desultorii), by means of which the servants of the Circus announce the heats (Missos) that are to be run, imitate the herald-swiftness of the morning star. Thus it came to pass that while they deemed they were worshipping the stars, they profaned their religion by parodying it in their games.

[Footnote 310: The Ostia are denoted by A and the Hermulae by H in the accompanying plan. (See page 230.)]

'A white line is drawn not far from the ostia to each Podium (balcony), that the contest may begin when the quadrigae pass it, lest they should interrupt the view of the spectators by their attempts to get each before the other[311]. There are always seven circuits round the goals (Metae) to one heat, in analogy with the days of the week. The goals themselves have, like the decani[312] of the Zodiac, each three pinnacles, round which the swift quadrigae circle like the sun. The wheels indicate the boundaries of East and West. The channel (Euripus) which surrounds the Circus presents us with an image of the glassy sea, whence come the dolphins which swim hither through the waters[313] (?). The lofty obelisks lift their height towards heaven; but the upper one is dedicated to the sun, the lower one to the moon: and upon them the sacred rites of the ancients are indicated with Chaldee signs for letters[314].

[Footnote 311: 'Ut quadrigis progredientibus, inde certamen oriretur: ne dum semper propere conantur elidere, spectandi voluptatem viderentur populis abrogare.' In fact, to compel the charioteers to start fair.]

[Footnote 312: Each sign of the Zodiac was considered to have three decani, occurring at intervals of ten days.]

[Footnote 313: 'Unde illuc delphini aequorei aquas interfluunt.' The sentence is very obscure, but the allusion must be to the dolphins, the figures of which were placed upon the spina.]

[Footnote 314: 'Obeliscorum quoque prolixitates ad coeli altitudinem sublevantur: sed potior soli, inferior lunae dicatus est: ubi sacra priscorum Chaldaicis signis, quasi litteris indicantur.']

'The Spina (central wall, or backbone) represents the lot of the unhappy captives, inasmuch as the generals of the Romans, marching over the backs of their enemies, reaped that joy which was the reward of their labours. The Mappa (napkin), which is still seen to give the signal at the games, came into fashion on this wise. Once when Nero was loitering over his dinner, and the populace, as usual, was impatient for the spectacle to begin, he ordered the napkin which he had used for wiping his fingers to be thrown out of window, as a signal that he gave the required permission. Hence it became a custom that the display of a napkin gave a certain promise of future circenses.

'The Circus is so called from "circuitus:" circenses is, as it were, circu-enses, because in the rude ages of antiquity, before an elaborate building had been prepared for the purpose, the races were exhibited on the green grass, and the multitude were protected by the river on one side and the swords (enses) of the soldiers on the other[315].

[Footnote 315: I can extract no other meaning than the above from this extraordinary sentence: 'Circenses, quasi circu-enses: propterea quod apud antiquitatem rudem, quae necdum spectacula in ornatum deduxerat fabricarum, inter enses et flumina locis virentibus agerentur.']

'We observe, too, that the rule of this contest is that it be decided in twenty-four heats[316], an equal number to that of the hours of day and night. Nor let it be accounted meaningless that the number of circuits round the goals is expressed by the putting up of eggs[317], since that emblem, pregnant as it is with many superstitions[318], indicates that something is about to be born from thence. And in truth we may well understand that the most fickle and inconstant characters, well typified by the birds who have laid those eggs, will spring from attendance on these spectacles[319]. It were long to describe in detail all the other points of the Roman Circus, since each appears to arise from some special cause. This only will we remark upon as pre-eminently strange, that in these beyond all other spectacles men's minds are hurried into excitement without any regard to a fitting sobriety of character. The Green charioteer flashes by: part of the people is in despair. The Blue gets a lead: a larger part of the City is in misery. They cheer frantically when they have gained nothing; they are cut to the heart when they have received no loss; and they plunge with as much eagerness into these empty contests as if the whole welfare of the imperilled fatherland were at stake.

[Footnote 316: Missibus. In a previous sentence Cassiodorus makes the acc. plural missos.]

[Footnote 317: The number of times that the charioteers had rounded the goal was indicated by large wooden eggs, which were posted up in a conspicuous place on the spina. It seems that in a corresponding place near the other end of the spina figures of dolphins were used for the same purpose. Upon the Cilurnum gem (figured on page 231) we can perceive four eggs near one end of the spina, and four creatures which may be dolphins near the other, indicating that four circuits out of the seven which constitute a missus have been accomplished by the quadrigae.]

[Footnote 318: Alluding probably to the story of Castor and Pollux.]

[Footnote 319: 'Et ideo datur intelligi, volitantes atque inconstantissimos inde mores nasci, quos avium matribus aptaverunt.' Ovium would seem to give a better sense than avium.]

'No wonder that such a departure from all sensible dispositions should be attributed to a superstitious origin. We are compelled to support this institution by the necessity of humouring the majority of the people, who are passionately fond of it; for it is always the few who are led by reason, while the many crave excitement and oblivion of their cares. Therefore, as we too must sometimes share the folly of our people, we will freely provide for the expenses of the Circus, however little our judgment approves of this institution.'

[Notwithstanding some absurdities, the above description of the Circus Maximus (which I have attempted to translate in full) is of great value, being, after that given by Dionysius of Halicarnassus, our chief authority on the subject. The accompanying plan (taken, with some slight variations, from Smith's 'Dictionary of Antiquities'), will, I trust, render it intelligible.



It is well illustrated by the recently excavated 'Stadium of Augustus,' on the Palatine; but perhaps even better by a beautifully executed gem lately found at Chesters in Northumberland, on the site of the Roman station at Cilurnum. By the kindness of the owner, Mr. Clayton, I am able to give an enlarged copy of this gem, which is described in the 'Archaeologia Aeliana,' vol. x. pp. 133-137.



The reader will easily discern the Spina with one obelisk (not two, as described by Cassiodorus) in the centre, the high tables supported by pillars on which the Ova and Delphini are placed, the three spindle-shaped columns which formed the Meta at each end, and the four quadrigae (four was the regular number for each missus) careering in front.]

52. KING THEODORIC TO THE ILLUSTRIOUS CONSULARIS.

[Sidenote: On Roman land surveying.]

'We are sorry to hear that a dispute (which is on the point of being settled by arms instead of by the law) has arisen between the Spectabiles Leontius and Paschasius as to the boundaries of their properties[320]. If they are so fierce against one another here in Italy, where there are mountains and rivers and the "arcaturae" [square turrets of the land surveyor] to mark the boundaries, what would they have done in Egypt, where the yearly returning waters of the Nile wash out all landmarks, and leave a deposit of mud over all?

[Footnote 320: 'Casarum.' Casa is evidently no longer a cottage; perhaps the estate attached to a villa. There is probably still a flavour of rusticity about it.]

'Geometry was discovered by the Chaldaeans, who perceived that its principles lay at the root of Astronomy, Music, Mechanics, Architecture, Medicine, Logic, and every science which deals with generals. This science was eagerly welcomed by the Egyptians, who perceived the advantage it would be to them in recovering the boundaries of estates obliterated by the wished-for deluge[321] of the Nile.

[Footnote 321: 'Votiva inundatione.']

'Therefore let your Greatness send an experienced land surveyor (agrimensor) to settle this dispute by assigning fixed boundaries to the two estates.

'Augustus made a complete survey of the whole "Orbis Romanus," in order that each taxpayer should know exactly his resources and obligations. The results of this survey were tabulated by the author Hyrummetricus. The Professors of this Science [of land surveying] are honoured with a more earnest attention than falls to the lot of any other philosophers. Arithmetic, Theoretical Geometry, Astronomy, and Music are discoursed upon to listless audiences, sometimes to empty benches. But the land surveyor is like a judge; the deserted fields become his forum, crowded with eager spectators. You would fancy him a madman when you see him walking along the most devious paths. But in truth he is seeking for the traces of lost facts in rough woods and thickets[322]. He walks not as other men walk. His path is the book from which he reads; he shows what he is saying; he proves what he hath learned; by his steps he divides the rights of hostile claimants; and like a mighty river he takes away the fields of one side to bestow them on the other.

[Footnote 322: An excellent description of an antiquary walking along a Roman 'Limes Imperii.']

'Wherefore, acting on our instructions, choose such a land surveyor, whose authority may be sufficient to settle this dispute, that the litigants may henceforth cultivate their lands in peace.'

53. KING THEODORIC TO THE ILLUSTRIOUS APRONIANUS, COUNT OF THE PRIVATE DOMAINS.

[Sidenote: On Water-finders.]

'Your Greatness tells us that a water-finder has come to Rome from Africa, where, on account of the dryness of the soil, his art is greatly in request.

'We are glad to hear it. It is a very useful art.

'Signs of the existence of water are the greenness of the grass, the size of the trees, the nature of the plants, reeds, rushes, brambles, willows, poplars, &c. Some discover water by putting out dry wool under a bowl at night. So too, if you see at sunrise a cloud [or gossamer, 'spissitudinem'] of very small flies. A mist rising like a column shows water as deep below as the column rises high above.

'The water-finder will also predict the quality of the water, and so prevent you from wasting labour on a brackish spring. This science was ably treated of by ——[323], and by Marcellus among the Latins. They tell us that waters which gush forth towards the east and south are light and wholesome; that those which emerge towards the north and west are too cold and heavy.

[Footnote 323: 'Apud Graecos ille.' Cassiodorus has left the name blank, and has either forgotten or been unable to fill it up; like the 'ille et ille' in his State documents.]

'So then, if the testimonials of the aforesaid water-finder and the results of his indications shall approve themselves to your wisdom, you may pay his travelling expenses and relieve his wants: he having to repay you by his future services. For though Rome itself is so abundantly supplied with aqueducts, there are many suburban places in which his help would be very useful. Associate with him also a mechanician who can sink for and raise the water when he has pointed it out. Rome ought not to lack anything which is an object of desire.'



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' Sec. 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, Koenige 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 ('Koenige 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 submota.']

[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, 'Koenige 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, a 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 pieta (= 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 ('Koenige 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 protege 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 bona 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 publica 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 (L60) 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 (L30).

[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 corvee.]

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.



BOOK V.

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

1. KING THEODORIC TO THE KING OF THE VANDALS[370].

[Footnote 370: No doubt Thrasamund, who married Theodoric's sister. He reigned from 496 to 523.]

[Sidenote: The King of the Vandals is thanked for his presents.]

'The swords which you have sent us are most beautiful: so sharp that they will cut other weapons; so bright that they reflect with a sort of iron light[371] the face of the beholder; with the two blades descending to their edges with such absolute equality of slope, that you would fancy them the result of the furnace rather than of the whetstone[372]; in the middle, between the blades, channels carved which are filled in with beautiful enamel of various colours[373].

[Footnote 371: 'Ut speculum quoddam virorum faciat ferream lucem.']

[Footnote 372: 'Quarum margines in acutum tali aequalitate descendunt, ut non limis compositae, sed igneis fornacibus credantur effusae.']

[Footnote 373: 'Harum media pulchris alveis excavata, quibusdam videntur crispari posse vermiculis, ubi tanta varietatis umbra concludit, ut intextum magis credas variis coloribus lucidum metallum.']

'Along with these arms you have also sent us musical instruments of ebony, and slave boys of beautiful whiteness.

'We thank you heartily, send by A and B, our ambassadors, presents of equal value; and hope that mutual concord will always unite our States.'

2. KING THEODORIC TO THE HAESTI.

[Sidenote: The Haesti, dwellers by the Baltic. Their present of amber.]

[These are the Aestii of Tacitus, dwelling in or on the south border of the country which is still called Esthonia. Tacitus also mentions their quest of amber[374].]

[Footnote 374: Germ. 45: 'Ergo jam dextro Suevici maris litore Aestiorum gentes alluuntur, quibus ritus habitusque Suevorum, lingua Britannicae propior.... Sed et mare scrutantur ac soli omnium sucinum quod ipsi glesum vocant, inter vada atque in ipso littore legunt.' Then follows an account of the nature of amber, and a history of its supposed origin, from which Cassiodorus has borrowed in this letter.]

'It is gratifying to us to know that you have heard of our fame, and have sent ambassadors who have pressed through so many strange nations to seek our friendship.

'We have received the amber which you have sent us. You say that you gather this lightest of all substances from the shores of the ocean, but how it comes thither you know not. But, as an author named Cornelius [Tacitus] informs us, it is gathered in the innermost islands of the ocean, being formed originally of the juice of a tree (whence its name succinum[375]), and gradually hardened by the heat of the sun.

[Footnote 375: Cassiodorus apparently spells this word with two c's. The more usual spelling is with one.]

'Thus it becomes an exuded metal, a transparent softness, sometimes blushing with the colour of saffron, sometimes glowing with flame-like clearness[376]. Then, gliding down to the margin of the sea, and further purified by the rolling of the tides, it is at length transported to your shores to be cast up upon them. We have thought it better to point this out to you, lest you should imagine that your supposed secrets have escaped our knowledge.

[Footnote 376: 'Modo croceo colore rubens, modo flammea claritate pinguescens.']

'We send you some presents by our ambassadors, and shall be glad to receive further visits from you by the road which you have thus opened up, and to show you future favours.'

[The collection of amber is also noticed by Pliny ('Nat. Hist.' 37. 2). It is interesting to observe that he there, on the authority of Pytheas, attributes to the Guttones dwelling on the Baltic shore the collection of amber, and its sale to the Teutones. These Guttones were, if we are right in accepting Jordanes' account of the Gothic migrations, themselves ancestors of the Ostrogoths.]

3. KING THEODORIC TO HONORATUS, VIR ILLUSTRIS, QUAESTOR.

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

[Sidenote: Honoratus, brother of Decoratus, is made Quaestor.]

The usual pair of letters on the promotion of Honoratus to the Quaestorship. He succeeds his brother Decoratus, whose early death Theodoric regrets. The date of the letters is the Third Indiction, September 1, 509.

The writer remarks on the prophetic instinct[377] of the parents, who named these two sons, destined to future eminence, Decoratus and Honoratus. Decoratus was originally an advocate at Rome. His services were often sought by men of Consular rank, and before his admission to the Senate he had had a Patrician for his client in a very celebrated case[378].

[Footnote 377: We have here a remark on unconscious prophecies: 'Loqui datur quod nos sensisse nescimus: sed post casum reminiscimur, quod ignorantes veraciter dixeramus.']

[Footnote 378: 'Inferior gradu praestabat viris consularibus se patronum et cum honoribus vestris impar haberetur, Patricius ei dictus est in celeberrima cognitione susceptus.' The last part of this sentence is very obscure.]

When he became Quaestor he distinguished himself by his excellent qualities. 'He stood beside us, under the light of our Genius, bold but reverent; silent at the right time, fluent when there was need of fluency. He kept our secrets as if he had forgotten them; he remembered every detail of our orders as if he had written them down. Thus was he ever an eminent lightener of our labours[379].'

[Footnote 379: Decoratus is called by Boethius, who was his colleague in some office, 'a wretched buffoon and informer' (nequissimus scurra et delator. Cons. Phil. iii. 4). But Ennodius addresses him in friendly and cordial language (Epist. iv. 17). His epitaph, which mentions his Spoletan origin, is of course laudatory:

'Nam fessis tribuit requiem, miseros que levavit, Justitiae cultor, largus et hospes erat.'

(Quoted in the notes to Ennodius in Migne's Patrologia.)]

The past career of the younger brother, Honoratus, who has been advocate at Spoleto, and has had to contend with the corrupt tendencies of Provincial judges, full of their little importance, and removed from the wholesome control which the opinion of the Senate exercised upon them at Rome, is then sketched; and the hope is expressed that, in the words of the Virgilian quotation[380], this bough upon the family tree will be found as goodly as that which it has untimely lost.

[Footnote 380: 'Primo avulso non deficit alter' (Aen. vi. 143).]

[Sidenote: Duties of the Quaestorship.]

The letter to the Senate has an interesting passage on the duties and responsibilities of the Quaestor.

'It is only men whom we consider to be of the highest learning that we raise to the dignity of the Quaestorship, such men as are fitted to be interpreters of the laws and sharers of our counsels. This is an honour which neither riches nor high birth by itself can procure, only learning joined with prudence. In granting all other dignities we confer favours, but from the holder of this we ever receive them. He is favoured to have a share in our anxieties; he enters in by the door of our thoughts; he is intimately acquainted with the breast in which the cares of the whole State are weighed. Think what judgment you ought to form of a man who is partaker of such a confidence. From him we require skill in the laws; to him flow together all the prayers of all suitors, and (a thing more precious than any treasure) to him is committed our own reputation for civilitas. Under a just Quaestor the mind of an innocent man is at rest: only the wicked become anxious as to the success of their evil designs; and thus the bad lose their hope of plunder, while more earnestness is shown in the practice of virtue. It is his to safeguard the just rights of all men: temperate in expenditure, lavish in his zeal for justice, incapable of deception, prompt in succour. He serves that Sovereign mind before which all bow: through his lips must he speak who has not an equal in the land.'

5. KING THEODORIC TO THE SAJO MANNILA.

[Sidenote: Abuses of the Cursus Publicus.]

Repeats the injunctions given in Letter iv. 47 against improper use of the public post-horses, and overloading of the extra horses. The fines imposed are the same as in that letter [with the addition of a fine of two ounces of gold (about L6 10s.) for overloading]; the examples from Natural History are similar. 'The very bird when weighted with a load flies slowly. Ships though they cannot feel their toils, yet move tardily when they are filled with cargo. What can the poor quadruped do when pressed by too great burden? It succumbs.'

But apparently this rule against overloading is not to apply to Praepositi (Provincial Governors?), since 'reverenda antiquitas' has given them special rights over the Cursus Publicus.

6. KING THEODORIC TO STABULARIUS, COMITIACUS[381].

[Footnote 381: Officer of the Court. See vi. 13.]

7. KING THEODORIC TO JOANNES, VIR CLARISSIMUS, ARCARIUS [TREASURER].

[Sidenote: Default in payments to Treasury made by Thomas. His property assigned to his son-in-law Joannes.]

'The Vir Honestus, Thomas, has long been a defaulter (reliquator) in respect of the Indictions payable for certain farms which he has held under the King's house in Apulia[382], and this default has now reached the sum of 10,000 solidi (L6,000). Repeatedly summoned to pay, he always procrastinates, and we can get no satisfaction out of him. The petition of Joannes, who is son-in-law to Thomas, informs us that he is willing to pay the 10,000 solidi due, if we will make over to him the said farms, and all the property of his father-in-law. This we therefore now do, reserving to Thomas the right to pay the debt at any time before the next Kalends of September, and thus to redeem his property. Failing such payment, the property is to pass finally into the hands of Joannes, on his paying the 10,000 solidi to the Illustrious Count of the Patrimony [possibly Stabularius].

[Footnote 382: 'Thomatem domus nostrae certa praedia suscepisse sed eum male administrando suscepta usque ad decem millia solidorum de Indictionibus illa atque illa reliquatorem publicis rationibus extitisse.' It is not quite clear whether the debt is due as what we should call rent or as land-tax. Perhaps the debt had accumulated under both heads.]

'It may be some little consolation to Thomas to reflect that after all it is his son-in-law who enters into possession of his goods.'

[Dahn ('Koenige der Germanen' iii. 277) remarks on this letter: 'But even the well-meaning Theodoric takes steps in the interests of substantial justice which from a juristic point of view it would be hard to justify.... Evidently here the King, in his consideration of what was practically just, has decided according to caprice, not according to right; for the Fiscus could strictly only be repaid its debt out of the property of the defaulter, and hold the Arcarius (Joannes) responsible for the balance' (for which Dahn thinks he had already made himself liable). I do not quite agree with this view. It seems to me that Thomas was hopelessly bankrupt (the debt was 10,000 solidi, not 1,000, as stated by Dahn), and the Fiscus virtually sells the bankrupt's estate to his son-in-law, for him to make of it what he can.]

8. KING THEODORIC TO ANASTASIUS THE CONSULAR.

[Sidenote: Transport of marble from Faenza to Ravenna.]

'We rely upon your Sublimity's zeal and prudence to see that the required blocks of marble are forwarded from Faventia (Faenza) to Ravenna, without any extortion from private individuals; so that, on the one hand, our desire for the adornment of that city may be gratified, and on the other, there may be no cause for complaint on the part of our subjects.'

9. KING THEODORIC TO THE POSSESSORES OF FELTRIA.

[Sidenote: New city to be built in district of Trient.]

'We have ordered the erection of a new city in the territory of Tridentum (Trient). As the work is great and the inhabitants few, we order you all to assist and build each your appointed length (pedatura) of wall, for which you will receive suitable pay.'

[This use of the word pedatura is found in Vegetius, 'Epitoma Rei Militaris' iii. 8, and is illustrated by the centurial stones on the two great Roman walls in Britain, recording the number of feet accomplished by each century of soldiers (See 'Archaeologia Aeliana,' vol. ix. p. 28; paper by Mr. Clayton).]

'None, not even the servants of the royal house (divina domus), are excepted from this order.'

10. KING THEODORIC TO THE SAJO VERANUS.

11. KING THEODORIC TO THE GEPIDAE, ON THEIR MARCH TO GAUL.

[Sidenote: Payment to Gepidae on their march to Gaul.]

'We desire that our soldiers should always be well paid, and that they should never become the terror of the country which they are ordered to defend. Do you therefore, Sajo Veranus, cause the Gepid troops whom we have ordered to come to the defence of Gaul, to march in all peace and quietness through Venetia and Liguria.

'You Gepidae shall receive three solidi (L1 16s.) per week; and we trust that thus supplied you will everywhere buy your provisions, and not take them by force.

'We generally give the soldiers their pay in kind, but in this case, for obvious reasons, we think it better to pay them in money, and let them buy for themselves.

'If their waggons are becoming shaky with the long journey, or their beasts of burden weary, let them exchange for sound waggons and fresh beasts with the inhabitants of the country, but on such terms that the latter shall not regret the transaction.'

[Does this payment of three solidi mean per head? That would be an enormously high rate of pay. Sartorius (p. 289) feels the difficulty so strongly that he suggests that this was the pay given to the whole troop, whose number was not large; but 'multitudo' seems hostile to this hypothesis[383]. Possibly the high cost of provisions in the Alpine mountain-country may help to explain this unheard-of rate of pay to common soldiers.]

[Footnote 383: 'Ut multitudinem Gepidarum quam fecimus ad Gallias custodiae causa properare, per Venetiam atque Liguriam sub omni facias moderatione transire.']

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

[Sidenote: Avarice and injustice of Theodahad.]

'If all are bound to seek justice and to avoid ignoble gains, most especially are they thus bound who pride themselves on their close relationship to us.

'The heirs of the Illustrious Argolicus [probably the Praefect of Rome] and the Clarissimus Amandianus complain that the estate[384] of Palentia, which we generously gave them to console them for the loss of the Casa Arbitana, has been by your servants, for no cause, unbecomingly invaded; and thus you, who should have shown an example of glorious moderation, have caused the scandal of high-handed spoliation. Wherefore, if this be true, let your Greatness at once restore what has been taken away; and if you consider that you have any claims on the land, come and assert them in our Comitatus. Even success yonder is injurious to your fame; but here, after full trial of the case and hearing of witnesses, no one will believe that any injustice has been done if your cause should triumph.'

[Footnote 384: 'Massa;' cf. the American 'block.']

[The republication of this letter at the close of his official life shows what was Cassiodorus' opinion of Theodahad, though he had served under him.]

13. KING THEODORIC TO EUTROPIUS AND ACRETIUS.

[Sidenote: Commissariat.]

'We rely upon you to collect the prescribed rations and deliver them to the soldiers. It is most important that they should be regularly supplied, and that there should be no excuse for pillage, so hard to check when once an army has begun to practise it.'

14. KING THEODORIC TO SEVERI(A)NUS[385], VIR ILLUSTRIS (514-515).

[Footnote 385: In the next letter the same official is called Severinus.]

[Sidenote: Financial abuses in Suavia.]

'We send you to redress the long-standing grievances of the Possessores of the Province of Suavia, to which we have not yet been able to apply a remedy.

'(1) It appears that some of the chief Possessores are actually making a profit out of the taxes, imposing heavy burdens on their poorer neighbours and not honestly accounting for the receipts to us. See that this is put right, that the land-tax (assis[386] publicus) is fairly and equitably reimposed according to the ability of each Possessor, and that those who have been oppressing their neighbours heal the wounds which they have made.

[Footnote 386: Cassiodorus uses the rare nominative form 'assis.']

'(2) See also that a strict account is rendered by all Defensores, Curiales, and Possessores of any receipts on behalf of the public Treasury. If a Possessor can show that he paid his tax (tributarius solidus) for the now expired eighth Indiction (A.D. 514-515), and the money has not reached our Treasury, find out the defaulter and punish his crime.

'(3) Similarly with sums disbursed by one of the clerks of our Treasury[387], for the relief of the Province, which have not reached their destination.

[Footnote 387: 'Tabularius a cubiculo nostro.']

'(4) Men who were formerly Barbarians[388], who have married Roman wives and acquired property in land, are to be compelled to pay their Indictions and other taxes to the public Treasury just like any other Provincials.

[Footnote 388: 'Antiqui Barbari qui Romanis mulieribus elegerint nuptiali foedere sociari, quolibet titulo praedia quaesiverint, fiscum possessi cespitis persolvere, ac super indictitiis oneribus parere cogantur.']

'(5) Judges are to visit each town (municipium) once in the year, and are not entitled to claim from such towns more than three days' maintenance. Our ancestors wished that the circuits of the Judges should be a benefit, not a burden, to the Provincials.

'(6) It is alleged that some of the servants of the Count of the Goths and of the Vice-dominus (?) have levied black-mail on some of the Provincials. Property so taken must be at once restored and the offenders punished.

'(7) Enter all your proceedings under this commission in official registers (polyptycha), both for your own protection and for the sake of future reference, to prevent the recurrence of similar abuses.'

[A long and interesting letter, but with some obscure passages.]

15. KING THEODORIC TO ALL THE POSSESSORES IN SUAVIA.

[Sidenote: On the same subject.]

'Although our Comitatus is always ready to redress the grievances of our subjects, yet, on account of the length of the journey from your Province hither, we have thought good to send the Illustrious and Magnificent Severinus to you to enquire into your complaints on the spot. He is a man fully imbued with our own principles of government, and he has seen how greatly we have at heart the administration of justice. We therefore doubt not that he will soon put right whatever has been done wrong in your Province; and we have published our "oracles" [the previous letter, containing Severinus' patent of appointment], that all may know upon what principles he is to act, and that those who have grievances against the present functionaries may learn their rights.'

16. KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT.

[Sidenote: Formation of a navy.]

'By Divine inspiration we have determined to raise a navy which may both ensure the arrival of the cargoes of public corn and may, if need be, combat the ships of an enemy. For, that Italy, a country abounding in timber, should not have a navy of her own hath often stricken us with regret.

'Let your Greatness therefore give directions for the construction of 1,000 dromones (swift cutters). Wherever cypresses and pines are found near to the sea-shore, let them be bought at a suitable price.

'Then as to the levy of sailors: any fitting man, if a slave, must be hired of his master, or bought at a reasonable price. If free, he is to receive 5 solidi (L3) as donative, and will have his rations during the term of service.