The Letters of Cassiodorus
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