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The Letters of Cassiodorus

Senator Cassiodorus

unable to bear the worries of a Praefecture; an eloquent tongue may shun the weight of a Quaestorship. In these cases the laws have wisely ordained that we may give such persons the rank which they merit by _Codicilli Vacantes_. It must always be understood, however, that in each dignity those who thus obtain it rank behind those who have earned it by actual service. Otherwise we should have all men flocking into these quiet posts, if the workers were not preferred to men of leisure[446]. [Footnote 446: 'Alioqui omnes ad quietas possunt currere dignitates, si laborantes minime praeferantur ociosis.'] 'Take therefore, by these present codicils, the rank which you deserve, though you have not earned it by your official career.' 11. FORMULA BY WHICH THE RANK OF AN ILLUSTRIS AND THE TITLE OF A COMES DOMESTICORUM ARE CONFERRED, WITHOUT OFFICE. [Sidenote: Illustratus Vacans.] 'The bestowal of honour, though it does not change the nature of a man, induces him to consider his own reputation more closely, and to abstain from that which may stain it[447]. [Footnote 447: 'Noblesse oblige.'] 'Take therefore the rank (without office) of an Illustrious Count of the Domestics[448], and enjoy that greatest luxury of worthy minds--power to attend to your own pursuits. [Footnote 448: 'Cape igitur ... Comitivae Domesticorum Illustratum Vacantem.'] 'For what can be sweeter than to find yourself honoured when you enter the City, and yet to be able to cultivate your own fields; to abstain from fraudful gains, and yet see your barns overflowing with the fruit of your own sweet toil? 'But even as the seed and the soil must co-operate to produce the harvest, so do we sow in you the seed of this dignity, trusting that your own goodness of heart will give the increase.' 12. FORMULA FOR THE BESTOWAL OF A COUNTSHIP OF THE FIRST ORDER, WITHOUT OFFICE. [A similar honour to that which is conferred on an English statesman who, without receiving any place in the Ministry, is 'sworn of the Privy Council.'] [Sidenote: Comitiva Primi Ordinis.] 'It is a delightful thing to enjoy the pleasures of high rank without having to undergo the toils and annoyances of office, which often make a man loathe the very dignity which he eagerly desired. 'The rank of _Comes_ is one which is reached by Governors (Rectores) of Provinces after a year's tenure of office, and by the Counsellors of the Praefect, whose functions are so important that we look upon them as almost Quaestors. 'Their rank[449] gives the holder of it, though only a _Spectabilis_, admission to our Consistory, where he sits side by side with all the Illustres. [Footnote 449: Betokened by the expression 'Ociosum cingulum.'] 'We bestow it upon you, and name you a _Comes Primi Ordinis_, thereby indicating that you are to take your place at the head of all the other Spectabiles and next after the Illustres. See that you imitate the latter, and that you are not surpassed in excellence of character by any of those below you.' 13. FORMULA FOR BESTOWING THE [HONORARY] RANK OF MASTER OF THE BUREAU [MAGISTER SCRINII] AND COUNT OF THE FIRST ORDER, ON AN OFFICER OF THE COURTS (COMITIACUS) IN ACTIVE SERVICE. [Sidenote: Honorary promotion for a Comitiacus.] 'Great toils and great perils are the portion of an officer of the Courts in giving effect to their sentences. It is easy for the Judge to say, "Let so and so be done;" but on the unhappy officer falls all the difficulty and all the odium of doing it. He has to track out offenders and hunt them to their very beds, to compel the contumacious to obey the law, to make the proud learn their equality before it. If he lingers over the business assigned to him, the plaintiff complains; if he is energetic, the defendant calls out. The very honesty with which he addresses himself to the work is sure to make him enemies, enemies perhaps among powerful persons, who next year may be his superiors in office, and thus subjects him to all sorts of accusations which he may find it very hard to disprove. In short, if we may say it without offence to the higher dignitaries, it is far easier to discharge without censure the functions of a Judge than those of the humble officer who gives effect to his decrees. 'Wherefore, in reward for your long and faithful service, and in accordance with ancient usage, we bestow on you the rank of a Count of the First Order, and ordain that if anyone shall molest you on account of your acts done in the discharge of your duties, he shall pay a fine of so many [perhaps ten = L400] pounds of gold.' [This letter will be found well worth studying in the original, as giving a picture of the kind of opposition met with by the men who were charged with the execution of the orders of the Rectores Provinciarum, and whose functions were themselves partly judicial, varying between those of a Master in Chancery and those of a Sheriff's officer. Throughout, the Civil Service is spoken of in military language. The officer is called _miles_, and his duty is _excubiae_.] 14. FORMULA BESTOWING RANK AS A SENATOR. [Sidenote: Senatorial rank.] 'We desire that our Senate should grow and flourish abundantly. As a parent sees the increase of his family, as a husbandman the growth of his trees with joy, so we the growth of the Senate. We therefore desire that Graius should be included in that virtuous and praiseworthy assembly[450]. This is a new kind of grafting, in which the less noble shoot is grafted on to the nobler stock. As a candle shines at night, but pales in the full sunlight, so does everyone, however illustrious by birth or character, who is introduced into your majestic body. Open your Curia, receive our candidate. He is already predestined to the Senate upon whom we have conferred the dignity of the Laticlave.' [Footnote 450: A conjectural translation of 'Sic nos virtutum jucundissimas laudes incinctum Graium desideramus includere.' Perhaps 'incinctum' means, 'though _not_ girded with the belt of office.' Graium must surely be a proper name, and this document is therefore, strictly speaking, not a 'Formula.'] 15. FORMULA OF THE VICARIUS OF THE CITY OF ROME. [Sidenote: Vicariate of the City of Rome.] 'Though nominally only the agent of another [the Praefectus Urbi] you have powers and privileges of your own which almost entitle you to rank with the Praefects. Suitors plead before you in causes otherwise heard only before Praefects[451]; you pronounce sentence in the name of the King[452] [not of the Praefect]; and you have jurisdiction even in capital cases. You wear the chlamys, and are not to be saluted by passers-by except when thus arrayed, as if the law wished you to be always seen in military garb. [The chlamys was therefore at this time a strictly military dress.] In all these things the glory of the Praefecture seems to be exalted in you, as if one should say, "How great must the Praefect be, if his Vicar is thus honoured!" Like the highest dignitaries you ride in a state carriage[453]. You have jurisdiction everywhere within the fortieth milestone from the City. You preside over the games at Praeneste, sitting in the Consul's seat. You enter the Senate-house itself, that palace of liberty[454]. Even Senators and Consulars have to make their request to you, and may be injured by you. [Footnote 451: 'Partes apud te sub Praetoriana advocatione confligunt' (?).] [Footnote 452: 'Vice sacra sententiam dicis.'] [Footnote 453: 'Carpentum.'] [Footnote 454: 'Aula libertatis.'] 'Take therefore this dignity, and wield it with moderation and courage.' 16. FORMULA OF THE NOTARIES. [Sidenote: Notaries.] 'It is most important that the secrets of the Sovereign, which many men so eagerly desire to discover, should be committed to persons of tried fidelity. A good secretary should be like a well-arranged _escritoire_, full of information when you want it, but absolutely silent at other times. Nay, he must even be able to dissimulate his knowledge, for keen questioners can often read in the face what the lips utter not. [Cf. the description of the Quaestor Decoratus in v. 3.] 'Our enquiries, keen-scented as they are for all men of good life and conversation, have brought your excellent character before us. We therefore ordain that you shall henceforth be a Notary. In due course of service you will attain the rank of Primicerius, which will entitle you to enter the Senate, "the Curia of liberty." Moreover, should you then arrive at the dignity of Illustris or at the [Comitiva] Vacans, you will be preferred to all who are in the same rank but who have not acquired it by active service[455]. [Footnote 455: I think this must be the meaning of the sentence: 'Additur etiam perfuncti laboris aliud munus, ut si quo modo ad Illustratum vel Vacantem meruerit pervenire, omnibus debeat anteponi, qui Codicillis Illustratibus probantur ornari.'] 'Enter then upon this duty, cheered by the prospect of one day attaining to the highest honours.' 17. FORMULA OF THE REFERENDARII. [Sidenote: Referendarii.] [We have no word corresponding to this title. Registrar, Referee, Solicitor, each expresses only part of the duties of the Referendarius, whose business it was, _on behalf of the Court_, to draw up a statement of the conflicting claims of the litigants before it. See the interesting letters (v. 40 and 41) describing the useful services rendered in this capacity by Cyprian in the King's Court of Appeal. His duties seem to have been very similar to those which in the Court of the Praetorian Praefect were discharged by the officer called _Ab Actis_ (See p. 107).] 'Great is the privilege of being admitted to such close converse with the King as you will possess, but great also are the responsibilities and the anxieties of the Referendarius. In the midst of the hubbub of the Court he has to make out the case of the litigant, and to clothe it in language suitable for our ears. If he softens it down ever so little in his repetition of it, the claimant declares that he has been bribed, that he is hostile to his suit. A man who is pleading his own cause may soften down a word or two here and there, if he see that the Court is against him; but the Referendarius dares not alter anything. Then upon him rests the responsibility of drawing up our decree, adding nothing, omitting nothing. Hard task to speak _our_ words in our own presence. 'Take then the office of Referendarius, and show by your exercise of it to what learning men may attain by sharing our conversation. Under us it is impossible for an officer of the Court to be unskilled in speech. Like a whetstone we sharpen the intellects of our courtiers, and polish them by practice at our bar[456].' [Footnote 456: 'Sub nobis enim non licet esse imperitos; quando in vicem cotis ingenia splendida reddimus, quae causarum assiduitate polimus.' Strange words to put into the mouth of a monarch who could not write.] 18. FORMULA OF THE PRAEFECTUS ANNONAE, AND HIS EXCELLENCY. [Sidenote: Praefectus Annonae.] 'If the benefit of the largest number of citizens is a test of the dignity of an office yours is certainly a glorious one. You have to prepare the Annona of the sacred City, and to feed the whole people as at one board. You run up and down through the shops of the bakers, looking after the weight and fineness of the bread, and not thinking any office mean by which you may win the affections of the citizens. 'You mount the chariot of the Praefect of the City, and are displayed in closest companionship with him at the games. Should a sudden tumult arise by reason of a scarcity of loaves, you have to still it by promising a liberal distribution. It was from his conduct in this