The Letters of Cassiodorus
Praises of Rhetoric. The man who has swayed the judges by his
eloquence is sure to have a favouring audience in the Senate.
34. KING THEODORIC TO THE INHABITANTS OF MASSILIA.
[Sidenote: Count Marabad Governor of Marseilles.]
'In accordance with our usual policy of sending persons of tried
ability and moderation to govern the Provinces, we are sending Count
Marabad [a Gothic name?] to act as your Governor, to bring solace to
the lowly and repress the insolent, and to force all into the path of
justice, which is the secret of the prosperity of our Empire. As
befits your long-tried loyalty, welcome and obey him.'
35. KING THEODORIC TO ROMULUS.
[It is surely possible that this is the dethroned Emperor. The name
Romulus, which, as we know, he derived from his maternal grandfather,
was not a very common one in Rome (it must be admitted there is
another Romulus, ii. 14). And is there not something rather peculiar
in the entire absence of all titles of honour, the superscription
being simply 'Romulo Theodoricus Rex,' as if neither King nor scribe
quite knew how to address an ex-Emperor?]
[Sidenote: Gifts to Romulus shall not be revoked.]
'The liberality of the Prince must be kept firm and unshaken by the
arts of malignant men. Therefore any gift which shall be proved to
have been given according to our orders by the Patrician Liberius, to
you _or to your mother_, by written instrument (pictacium or
pittacium), shall remain in full force, and you need not fear its
being questioned.'
[For Liberius, see ii. 16. A man of that eminence, who was employed to
arrange disputes between the Goths and Romans at the first settlement
of the former in Italy, was the very man to be also employed to
arrange terms with Augustulus. There is some reason to think that the
mother of the deposed Emperor was named Barbaria, and that she is
mentioned in the history of the translation of the relics of St.
Severinus. See 'Italy and her Invaders' iii. 190.]
36. KING THEODORIC TO THE ILLUSTRIOUS COUNT ARIGERN.
[Sidenote: Complaints against Venantius.]
'Firminus alleges that he has some cause of complaint against the
Magnificent Venantius [son of Liberius, mentioned in the previous
letter, and strongly commended in ii. 15], and that Venantius treats
his claims with contempt. There is always a danger of justice being
wrested in the interests of the great. We therefore desire you with
all due reverence to address the aforesaid Magnificent person and
desire him to appoint a representative, with proper credentials, to
plead in our Court in answer to the claims of Firminus, who will be
punished for his audacity if he have brought a false charge against so
illustrious a person.'
[This and the preceding letter look as if the fortunes of the house of
Liberius (so greatly extolled in ii. 15 and 16) were passing under a
cloud. See also iii. 8, as to the disgrace of Venantius. This may have
made the ex-Emperor anxious as to the validity of the settlement made
through him.]
37. KING THEODORIC TO BISHOP PETER.
[Sidenote: Alleged injustice of a Bishop.]
[See the full explanation of this letter in Dahn, 'Koenige der
Germanen' iii. 193-4. Cf. also Var. iii. 14. Observe how the marginal
note (in the edition of the Benedictine, Garet) strains the doctrine
of this letter in favour of the clergy[300].]
[Footnote 300: 'Causae sacerdotum a sacerdotibus debent terminari.']
'Germanus, in his "flebilis allegatio," informs us that you detain
from him a part of the property of his father Thomas. As it is proper
that causes which concern you should first be remitted to you (so
often employed as judges to settle the disputes of others), we call
upon you to enquire into this claim, and if it be a just one to
satisfy it. Know that if you fail to do justice yourself to the
petitioner, his cause will be carried through to our own
audience-chamber.'
38. KING THEODORIC TO WANDIL [VUANDIL[301]].
[Footnote 301: Probably a Gothic officer.]
[Sidenote: The Gothic troops at Avignon to abstain from molesting the
citizens.]
'Our Piety wishes that there should be order and good government
everywhere in our dominions, but especially in Gaul, that our new
subjects there may form a good opinion of the ruler under whom they
have come. Therefore by this authority we charge you to see that no
violence happen in Avignon where you reside. Let our army live
"civiliter" with the Romans, and let the latter feel that our troops
are come for their defence, not for their annoyance.'
39. KING THEODORIC TO FELIX, ILLUSTRIS AND CONSUL (A.D. 511).
[Sidenote: Largesse to charioteers of Milan.]
'Those who minister to the pleasures of the public should be liberally
treated, and the Consul must not belie the expectations of his
generosity which have been formed when he was Senator. Therefore let
your Sublimity enquire into the petition for largesse presented by the
charioteers of Milan; and if their statements are correct, let them
have whatever it has been customary for them to receive. In matters
of this kind custom creates a kind of debt.'
40. KING THEODORIC TO ALL THE PROVINCIALS SETTLED IN GAUL.
[Sidenote: Immunity from taxes for districts ravaged by war.]
'We wish promptly to relieve all the distresses of our subjects, and
we therefore at once announce to you that the districts ravaged by the
incursions of the enemy will not be called upon to pay tribute at the
fourth Indiction [Sept. 510, to Aug. 511]. For we have no pleasure in
receiving what is paid by a heavy-hearted contributor. The part of the
country, however, which has been untouched by the enemy will have to
contribute to the expense of our army. But a hungry defender is a weak
defender.'
41. KING THEODORIC TO GEMELLUS, SENATOR [Governor of Gothic
Gaul[302]].
[Footnote 302: See Letters iii. 16 and 32.]
[Sidenote: Corn for the garrisons on the Durance.]
'A burden borne in common is lightened, since only the edge as it were
of the whole rests on the shoulders of each individual. We have
ordered the corn for the army to be carried from the granaries of
Marseilles to the forts upon the Durance. Let all unite in this toil.
The willing labour of many brings a speedy end to the work.'
[This letter, as showing that at least one if not both banks of the
Durance were included in the Ostrogothic Monarchy in 511, has an
important bearing on the geographical extent of the Burgundian
Kingdom. See Exkurs vi. to Binding's 'Burgundisch-Romanische
Koenigreich.' He makes the northern bank of the Durance belong to
Burgundy, the southern to the Ostrogoths.]
42. KING THEODORIC TO ALL THE PROVINCIALS IN GAUL.
[Sidenote: No part of Gaul to be called on for military
contributions.]
'Because the generosity of the Prince should even outrun the petitions
of his subjects we repeal that part of a previous letter [iii. 40]
which says that the unravaged portion of the Province of Gaul must pay
the expenses of our soldiers. We will transmit to the Duces and
Praepositi sufficient money to provide "alimonia nostris Gothis."'
['Praebendae,' near the end of this letter, seems to be used in a
technical sense, almost equivalent to stipendia or annonae.]
43. KING THEODORIC TO UNIGIS, THE SWORD-BEARER [SPATARIUS].
[No doubt a high officer in the Royal household.]
[Sidenote: Runaway slaves to be restored to their owners.]
'We delight to live after the law of the Romans, whom we seek to
defend with our arms; and we are as much interested in the maintenance
of morality as we can possibly be in war. For what profit is there in
having removed the turmoil of the Barbarians, unless we live according
to law? Certain slaves, on our army's entry into Gaul, have run away
from their old masters and betaken themselves to new ones. Let them be
restored to their rightful owners. Rights must not be confounded under
the rule of justice, nor ought the defender of liberty to favour
recreant slaves. [Probably an allusion to the office of the _Assertor
Libertatis_ in the _Liberalis Causa_, as set forth in the Theodosian
Code iv. 8.] Let other kings desire the glory of battles won, of
cities taken, of ruins made; our purpose is, God helping us, so to
rule that our subjects shall grieve that they did not earlier acquire
the blessing of our dominion.'
44. KING THEODORIC TO ALL THE LANDOWNERS [POSSESSORES] OF ARLES.
[Sidenote: Repair of walls of Arles, and supply of corn.]
'We wish to refresh men, but to repair cities also, that the renewed
fortune of the citizens may be displayed by the splendour of their
buildings.
'We have therefore directed that a certain sum of money be sent for
the repair of the walls and old towers of Arles. But we are also going
to send you, as soon as the time is favourable for navigation,
provisions to supply the waste caused by the war. Be of good cheer,
therefore! Grain for which our word is pledged is as good as grain
already in your granaries.'
45. KING THEODORIC TO ARIGERN, ILLUSTRIS AND COUNT.
[Sidenote: Site disputed between Roman Church and Samaritans.]
'It is represented to us by the Defensors of the "sacrosanct" Roman
Church that Pope Simplicius, of blessed memory, bought a house at
Rome[303] of Eufrasius the Acolyte, with all proper formalities, and
that now the people of the Samaritan superstition, hardened in
effrontery, allege that a synagogue of theirs was built on that site,
and claim it accordingly; whereas the very style of building, say
their opponents, shows that this was meant as a private house and not
as a synagogue. Enquire into this matter, and do justice accordingly.
If we will not tolerate chicanery [calumniae] against men, much less
will we against the Divinity Himself.'
[Footnote 303: 'In sacratissima urbe.']
46. KING THEODORIC TO ADEODATUS.
[Sidenote: Further charges of misgovernment against Venantius.]
'The crimes of subjects are an occasion for manifesting the virtues of
princes. You have addressed to us your petition, alleging that you
were compelled by the Spectabilis Venantius, Governor of Lucania and
Bruttii, to confess yourself guilty of the rape of the maiden
Valeriana.
[Sidenote: Illogical decision in the case of Adeodatus.]
'Overcome, you say, by the severity of your imprisonment and the
tortures inflicted upon you, and longing for death as a release from
agony; being moreover refused the assistance of Advocates, while the
utmost resources of rhetoric were at the disposal of your opponents,
you confessed a crime which you had never committed.
'Such is your statement. The Governor of Bruttii sends his _relatio_
in opposition, saying that we must not give credence to a petitioner
who is deceitfully seeking to upset a sentence which was given in the
interests of public morality.
'Our decision is that we will by our clemency mitigate the severity of
your punishment. From the date of this decree you shall be banished
for six months; and on your return no note of infamy of any kind shall
be attached to you; since it is competent for the Prince to wipe off
all the blots on a damaged reputation. Anyone who offends against this
decree [by casting your old offence in your teeth] shall be fined L120
(3 lbs. of gold). And all who are accused of the same offence in any
place or time, but who offended through ignorance, are to be freed
from all fear of punishment.'
[A most illogical and unjust conclusion, by which the judgment of
Venantius is in fact neither upheld nor reversed. And what the meaning
of the concluding sentence may be it is impossible to conjecture. See
Dahn, 'Koenige der Germanen' iii. 107, on this absurd decision.
On the subject of the misgovernment and disgrace of Venantius, cf.
Letters ii. 15, 16; iii. 8, 36. Cf. also Procopius, 'De Bello