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The Letters of Cassiodorus

Senator Cassiodorus

office that Pompey attained the highest dignities and earned the surname of the Great. 'The pork-butchers also (Suarii) are subject to your control. 'It is true that the corn is actually provided by the Praetorian Praefect, but you see that it is worked up into elegant bread[457]. [Footnote 457: 'Quando in quavis abundantia querela non tollitur, si panis elegantia nulla servetur.'] 'Even so Ceres discovered corn, but Pan taught men how to bake it into bread; whence its name (_Panis_, from Pan). 'Take then this office: discharge it faithfully, and weigh, more accurately than gold, the bread by which the Quirites live.' 19. FORMULA OF THE COUNT OF THE CHIEF PHYSICIANS. [Sidenote: Comes Archiatrorum.] 'The doctor helps us when all other helpers seem to fail. By his art he finds out things about a man of which he himself is ignorant; and his prognosis of a case, though founded on reason, seems to the ignorant like prophecy. 'It is disgraceful that there should be a president of the lascivious pleasures of the people (Tribunus Voluptatum) and none of this healing art. Excellent too may your office be in enabling you to control the squabbles of the doctors. They ought not to quarrel. At the beginning of their exercise of their art they take a sort of priestly oath to hate wickedness and to love purity. Take then this rank of Comes Archiatrorum, and have the distinguished honour of presiding over so many skilled practitioners and of moderating their disputes. 'Leave it to clumsy men to ask their patients "if they have had good sleep; if the pain has left them." Do you rather incline the patient to ask you about his own malady, showing him that you know more about it than he does. The patient's pulse, the patient's water, tell to a skilled physician the whole story of his disease. 'Enter our palace unbidden; command us, whom all other men obey; weary us if you will with fasting, and make us do the very opposite of that which we desire, since all this is your prerogative.' 20. FORMULA OF THE OFFICE OF A CONSULAR, AND ITS EXCELLENCY. [Sidenote: Consularis.] 'You bear among your trappings the axes and the rods of the Consul, as a symbol of the nature of the jurisdiction which you exercise in the Provinces. 'In some Provinces you even wear the _paenula_ (military cloak) and ride in the _carpentum_ (official chariot), as a proof of your dignity. 'You must not think that because your office is allied to that of Consul any lavish expenditure by way of largesse is necessary. By no means; but it is necessary that you should abstain from all unjust gains. Nothing is worse than a mixture of rapacity and prodigality. 'Respect the property of the Provincials, and your tenure of office will be without blame. 'Receive therefore, for this Indiction, the office of Consular in such and such a Province, and let your moderation appear to all the inhabitants.' 21. FORMULA OF THE GOVERNOR (RECTOR) OF A PROVINCE. [The distinction between the powers of a Rector and those of a Consularis seems to have been very slight, if it existed at all; but the dignity of the latter office was probably somewhat the greater.] [Sidenote: Rector Provinciae.] 'It is important to repress crime on the spot. If all criminal causes had to wait till they could be tried in the capital, robbers would grow so bold as to be intolerable. Hence the advantage of Provincial Governors. Receive then for this Indiction the office of Rector of such and such a Province. Look at the broad stripe (laticlave) on your purple robe, and remember the dignity which is betokened by that bright garment, which poets say was first woven by Venus for her son Priapus, that the son's beautiful robe might attest the mother's loveliness. 'You have to collect the public revenues, and to report to the Sovereign all important events in your Province. You may judge even Senators and the officers of Praefects. Your name comes before that of even dignified Provincials, and you are called Brother by the Sovereign. See that your character corresponds to this high vocation. Your subjects will not fear you if they see that your own actions are immoral. There can be no worse slavery than to sit on the judgment-seat, knowing that the men who appear before you are possessors of some disgraceful secret by which they can blast your reputation. 'Refrain from unholy gains, and we will reward you all the more liberally.' 22. FORMULA OF THE COUNT OF THE CITY OF SYRACUSE. [Sidenote: Comitiva Syracusana.] 'We must provide such Governors for our distant possessions that appeals from them shall not be frequent. Many men would rather lose a just cause than have the expense of coming all the way from Sicily to defend it; and as for complaints against a Governor, we should be strongly inclined to think that a complaint presented by such distant petitioners must be true. 'Act therefore with all the more caution in the office which we bestow upon you for this Indiction. You have all the pleasant pomp of an official retinue provided for you at our expense. Do not let your soldiers be insolent to the cultivators of the soil (possessores). Let them receive their rations and be satisfied with them, nor mix in matters outside their proper functions. Be satisfied with the dignity which your predecessors held. It ought not to be lowered; but do not seek to exalt it.' 23. FORMULA OF THE COUNT OF NAPLES. [Sidenote: Comitiva Neapolitana.] 'As the sun sends forth his rays so we send out our servants to the various cities of our dominions, to adorn them with the splendour of their retinue, and to facilitate the untying of the knots of the law by the multitude of jurisconsults who follow in their train. Thus we sow a liberal crop of official salaries, and reap our harvest in the tranquillity of our subjects. For this Indiction we send you as Count to weigh the causes of the people of Naples. It is a populous city, and one abounding in delights by sea and land. You may lead there a most delicious life, if your cup be not mixed with bitterness by the criticisms of the citizens on your judgments. You will sit on a jewelled tribunal, and the Praetorium will be filled with your officers; but you will also be surrounded by a multitude of fastidious spectators, who assuredly, in their conversation, will judge the Judge. See then that you walk warily. Your power extends for a certain distance along the coast, and both the buyer and seller have to pay you tribute. We give you the chance of earning the applause of a vast audience: do you so act that your Sovereign may take pleasure in multiplying his gifts.' 24. FORMULA ADDRESSED TO THE GENTLEMEN-FARMERS (OR THE TITLED CULTIVATORS) AND COMMON COUNCILMEN[458] OF THE CITY OF NAPLES [AND SURROUNDING DISTRICT]. [Footnote 458: An attempt to translate 'Honoratis possessoribus et curialibus civitatis Neapolitanae.'] [Sidenote: Honorati Possessores et Curiales Civitatis Neapolitanae.] 'You pay us tribute, but we have conferred honours upon you. We are now sending you a Comes [the one appointed in the previous formula], but he will be a terror only to the evil-disposed. Do you live according to reason, since you are reasonable beings, and then the laws may take holiday. Your quietness is our highest joy[459].' [Footnote 459: 'Erit nostrum gaudium vestra quies.... Degite moribus compositis, ut vivatis legibus feriatis.'] 25 is entitled, 'FORMULA DE COMITIVA PRINCIPIS MILITUM;' but this is evidently an inaccurate, or at least an insufficient title. [Sidenote: Doubtful.] The letter, though very short, is obscure. It starts with the maxim that every staff of officials ought to have its own Judge[460], and then, apparently, proceeds to make an exception to this rule by making the persons addressed--the civil or military functionaries of Naples--subject to the Comes Neapolitanus who was appointed by the Twenty-third Formula. No reason is given for this exception, except an unintelligible one about preserving the yearly succession of Judges[461]; but the persons are assured that their salaries shall be safe[462]. [Footnote 460: 'Omnes apparitiones decet habere judices suos. Nam cui praesul adimitur et militia denegatur.'] [Footnote 461: 'Ut judicibus annua successione reparatis, vobis solemnitas non pereat actionis.'] [Footnote 462: 'Vos non patimur emolumentorum commoda perdere.'] BOOK VII. CONTAINING FORTY-SEVEN FORMULAE. 1. FORMULA OF THE COUNT OF A PROVINCE. [Sidenote: Comitiva Provinciae.] 'Your dignity, unlike that of most civil officers, is guarded by the sword of war. See however that this terrible weapon is only drawn on occasions of absolute necessity, and only wielded for the punishment of evil-doers. Anyone who is determining a case of life and death should decide slowly, since any other sentence is capable of correction, but the dead man cannot be recalled to life. Let the ensigns of your power be terrible to drivers-away of cattle, to thieves and robbers; but let innocence rejoice when she sees the tokens of approaching succour. Let no one pervert your will by bribes: the sword of justice is sheathed when gold is taken. Receive then for this Indiction the dignity of Count in such and such a Province. So use your power that you may be able to defend your actions when reduced to a private station, though indeed, if you serve us well in this office, we are minded to promote you to yet higher dignities.' 2. FORMULA OF A PRAESES. [The Praeses had practically the same powers as the Consularis (v. 20) and the Rector (v. 21), but occupied a less dignified position, being only a 'Perfectissimus,' not a 'Clarissimus[463].'] [Footnote 463: See p. 92.] [Sidenote: Praesidatus.] 'It has been wisely ordered by the Ancients that a Provincial Governor's term of office should be only annual. Thus men are prevented from growing arrogant by long tenure of power, and we are enabled to reward a larger number of aspirants. Get through one year of office if you can without blame: even that is not an easy matter. It rests then with us to prolong the term of a deserving ruler[464], since we are not keen to remove those whom we feel to be governing justly. Receive then for this Indiction the Praesidatus of such and such a Province, and so act that the tiller of the soil (possessor) may bring us thanks along with his tribute. Follow the good example of your predecessors: carefully avoid the bad. Remember how full your Province is of nobles, whose good report you may earn but cannot compel. You will find it a delightful reward, when you travel through the neighbouring Provinces, to hear your praises sounded there where your power extends not. You know our will: it is all contained in the laws of the State. Govern in accordance with these, and you shall not go unrewarded.' [Footnote 464: 'Nostrum est merentibus tempus augere.' The limit of one year might therefore be exceeded by favour of the Sovereign.] 3. FORMULA OF THE COUNT OF THE GOTHS IN THE SEVERAL PROVINCES. [Sidenote: Comitiva Gothorum per singulas Provincias.] [Dahn remarks ('Koenige der Germanen' iv. 157): 'We must go thoroughly into the question of this office. The _Comes Gothorum_ is the most important, in fact almost the only new dignity in the Gothic State, and the formula of his installation is the chief proof of the coexistence of Roman and Gothic law in this kingdom.' I have therefore translated this formula at full length.] 'As we know that, by God's help, Goths are dwelling intermingled among you, in order to prevent the trouble (indisciplinatio) which is wont to arise among partners (consortes) we have thought it right to send