The Letters of Cassiodorus
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