The Letters of Cassiodorus
'Granting your request, and also satisfying our own desire for your
companionship, we invite you to our Court.'
29. KING THEODORIC TO NEUDES, VIR ILLUSTRIS.
[Sidenote: A blind Gothic warrior enslaved.]
'Our pity is greatly moved by the petition of Ocer, a blind Goth, who
has come by the help of borrowed sight to _feel_ the sweetness of our
clemency, though he cannot see our presence.
'He asserts that he, a free Goth, who once followed our armies, has,
owing to his misfortune, been reduced to slavery by Gudila and Oppas.
Strange excess of impudence to make that man their servant, before
whose sword they had assuredly trembled had he possessed his eyesight!
He pleads that Count Pythias has already pronounced against the claims
of his pretended masters. If you find that this is so, restore him at
once to freedom, and warn those men not to dare to repeat their
oppression of the unfortunate.'
30. KING THEODORIC TO GUDUI[M], VIR SUBLIMIS [AND DUX].
[Sidenote: Servile tasks imposed on free Goths by a Duke.]
'We expect those whom we choose as Dukes to work righteousness.
Costula and Daila, men who by the blessing of God rejoice in the
freedom of our Goths, complain that servile tasks are imposed upon
them by you. We do not do this ourselves, nor will we allow anyone
else to do it. If you find that the grievance is correctly stated
rectify it at once, or our anger will turn against the Duke who thus
abuses his power.'
31. KING THEODORIC TO DECORATUS, VIR DEVOTUS (?).
[For the career of Decoratus see v. 3 and 4.]
[Sidenote: Arrears of Siliquaticum to be enforced.]
'Thomas, Vir Clarissimus, complains that he cannot collect the arrears
of Siliquaticum from certain persons in Apulia and Calabria.
'Do you therefore summon Mark the Presbyter, Andreas, Simeonius, and
the others whose names are set forth in the accompanying schedule, to
come into your presence, using no unnecessary force[399] in your
summons. If they cannot clear themselves of this debt to the public
Treasury, they must be forced to pay.'
[Footnote 399: 'Servata in omnibus civilitate.']
[The arrears are said to be for the 8th, 9th, 11th, 1st, 2nd, and 15th
Indictiones; i.e. probably for the years 500, 501, 503, 508, 509, 507.
I cannot account for this curious order in which the years are
arranged, which seems to suggest some corruption of the text. Probably
this letter was written about 509.]
32. KING THEODORIC TO BRANDILA (CIR. 508-9).
[See remarks on this letter in Dahn ('Koenige der Germanen' iv.
149-152); he claims it as a proof that Gothic law still existed for
the Goths in Italy.]
[Sidenote: Assault of the wife of Brandila on the wife of Patzenes.]
'Times without number has Patzenes laid his complaint upon us, to wit
that while he was absent on the recent successful expedition[400] your
wife Procula fell upon his wife [Regina], inflicted upon her three
murderous blows, and finally left her for dead, the victim having only
escaped by the supposed impossibility of her living. Now therefore, if
you acknowledge the fact to be so, you are to consult your own honour
by inflicting summary punishment as a husband on your wife, that we
may not hear of this complaint again[401]. But if you deny the fact,
you are to bring your said wife to our Comitatus and there prove her
innocence.'
[Footnote 400: Into Gaul; see next letter.]
[Footnote 401: 'Atque ideo decretis te praesentibus admonemus, ut si
factum evidenter agnoscis, delatam querimoniam, pudori tuo consulens,
_maritali districtione redarguas_; quatenus ex eadem causa ad nos
querela justa non redeat.']
33. KING THEODORIC TO DUKE WILITANCH.
[Containing the explanation of Procula's violence to Regina].
[Sidenote: Adulterous connection between Brandila and the wife of
Patzenes.]
'Patzenes brings before us a most serious complaint: that during his
absence in the Gaulish campaign, Brandila dared to form an adulterous
connection with his wife Regina, and to go through the form of
marriage with her.
'Whose honour will be safe if advantage is thus to be taken with
impunity of the absense of a brave defender of his country? Alas for
the immodesty of women! They might learn virtue even from the chaste
example of the cooing turtle-dove, who when once deprived by
misfortune of her mate, never pairs again with another.
'Let your Sublimity compel the parties accused to come before you for
examination, and if the charge be true, if these shameless ones were
speculating on the soldier of the Republic not returning from the
wars, if they were hoping, as they must have hoped, for general
collapse and ruin in order to hide their shame, then proceed against
them as our laws against adulterers dictate[402], and thus vindicate
the rights of all husbands.'
[Footnote 402: 'Et rerum veritate discussa _sicut jura nostra
praecipiunt_, in adulteros maritorum favore resecetur.']
[If these laws were, as is probable, those contained in the _Edictum
Theodorici_, the punishment for both the guilty parties was death, Sec.
38, 39.]
34. KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT.
[Sidenote: Endless evasions of Frontosus. The nature of the
chameleon.]
'Frontosus, acting worthily of his name [the shameless-browed one],
confessed to having embezzled a large sum of public money, but
promised that, if a sufficient interval were allowed him, he would
repay it. Times without number has this interval expired and been
renewed, and still he does not pay. When he is arrested he trembles
with fear, and will promise anything; as soon as he is liberated he
seems to forget every promise that he has made. He changes his words,
like the chameleon, that little creature which in the shape of a
serpent is distinguished by a gold-coloured head, and has all the rest
of its body of a pale green. This little beast when it meets the gaze
of men, not being gifted with speed of flight, confused with its
excess of timidity, changes its colours in marvellous variety, now
azure, now purple, now green, now dark blue. The chameleon, again, may
be compared to the Pandian gem [sapphire?], which flashes with all
sorts of lights and colours while you hold it still in your hand.
'Such then is the mind of Frontosus. He may be rightly compared to
Proteus, who when he was laid hold of, appeared in every shape but his
own, roared as a lion, hissed as a serpent, or foamed away in watery
waves, all in order to conceal his true shape of man.
'Since this is his character, when you arrest him, first stop his
mouth from promising, for his facile nature is ready with all sorts of
promises which he has no chance of performing. Then ascertain what he
can really pay at once, and keep him bound till he does it. He must
not be allowed to think that he can get the better of us with his
tricks.'
35. KING THEODORIC TO COUNT LUVIRIT, AND AMPELIUS.
[Sidenote: Fraudulent ship-owners to be punished.]
'When we were in doubt about the food supply of Rome, we judged it
proper that Spain should send her cargoes of wheat hither, and the Vir
Spectabilis Marcian collected supplies there for this purpose. His
industry, however, was frustrated by the greed of the shipowners, who,
disliking the necessary delay, slipped off and disposed of the grain
for their own profit. Little as we like harshness, this offence must
be punished. We have therefore directed Catellus and Servandus (Viri
Strenui) to collect from these shipmasters the sum of 1,038 solidi
(L622 16s.), inasmuch as they appear to have received:
'From the sale of the corn 280 solidi.
'And from the fares of passengers 758 "
------
'1,038 "
'Let your Sublimity assist in the execution of this order.'
36. KING THEODORIC TO STARCEDIUS, VIR SUBLIMIS.
[Sidenote: Honourable discharge.]
'You tell us that your body, wearied out with continual labour, is no
longer equal to the fatigues of our glorious campaigns, and you
therefore ask to be released from the necessity of further military
service. We grant your request, but stop your donative; because it is
not right that you should consume the labourer's bread in idleness. We
shall extend to you our protection from the snares of your
adversaries, and allow no one to call you a deserter, since you are
not one[403].'
[Footnote 403: This is perhaps a specimen of the 'honesta missio' of
which we read in the Theodosian Code xii. 1. 43, 45.]
37. KING THEODORIC TO THE JEWS OF MILAN.
[Sidenote: Rights of the Jewish Synagogue not to be invaded by
Christians.]
'For the preservation of _civilitas_ the benefits of justice are not
to be denied even to those who are recognised as wandering from the
right way in matters of faith.
'You complain that you are often wantonly attacked, and that the
rights pertaining to your synagogue are disregarded[404]. We therefore
give you the needed protection of our Mildness, and ordain that no
ecclesiastic shall trench on the privileges of your synagogue, nor mix
himself up in your affairs. But let the two communities keep apart, as
their faiths are different: you on your part not attempting to do
anything _incivile_ against the rights of the said Church.
[Footnote 404: 'Nonnullorum vos frequenter causamini praesumptione
laceratos et quae ad synagogam vestram pertinent perhibetis jura
rescindi.']
'The law of thirty years' prescription, which is a world-wide
custom[405], shall enure for your benefit also.
[Footnote 405: 'Tricennalis humano generi patrona praescriptio vobis
jure servabitur; nec conventionalia vos irrationabiliter praecipimus
sustinere dispendia.' I do not know what is meant by 'conventionalia
dispendia.']
'But why, oh Jew, dost thou petition for peace and quietness on earth
when thou canst not find that rest which is eternal[406]?'
[Footnote 406: 'Sed quid, Judaeo, supplicans temporalem quietem
quaeris si aeternam requiem invenire non possis.']
38. KING THEODORIC TO ALL CULTIVATORS[407].
[Footnote 407: 'Universis Possessoribus.']
[Sidenote: Shrubs obstructing the aqueduct of Ravenna to be rooted
up.]
'The aqueducts are an object of our special care. We desire you at
once to root up the shrubs growing in the Signine Channel[408], which
will before long become big trees scarcely to be hewn down with the
axe, and which interfere with the purity of the water in the aqueduct
of Ravenna. Vegetation is the peaceable overturner of buildings, the
battering-ram which brings them to the ground, though the trumpets
never sound for siege.
[Footnote 408: Where was this? Signia in Latium is, of course, not to
be thought of.]
'We shall now again have baths that we may look upon with pleasure;
water which will cleanse, not stain; water after using which we shall
not require to wash ourselves again; drinking-water such that the mere
sight of it will not take away all our appetite for food[409].'
[Footnote 409: The scarcity of water at Ravenna was proverbial.]
39. KING THEODORIC TO AMPELIUS AND LIVERIA[410].
[Footnote 410: Cf. the somewhat similar letter to Severinus, Special
Commissioner for Suavia (v. 14).]
[Sidenote: Sundry abuses in the administration of the Spanish
government to be rectified.]
'That alone is the true life of men which is controlled by the reign
of law.
'We regret to hear that through the capricious extortions of our
revenue-officers anarchy is practically prevailing in Spain. The
public registers (polyptycha), not the whim of the collector, ought to
measure the liability of the Provincial.
'We therefore send your Sublimity to Spain in order to remedy these
disorders.
'(1) Murder must be put down with a strong hand; but the sharper the
punishment is made the more rigid we ought to be in requiring proof of