The Letters of 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