The Letters of Cassiodorus
arise between two nationalities. Therefore you must use skill to
soothe those [the Greek merchants and sailors from the Levant] whose
characters are unstable as the winds, and who, unless you bring their
minds into a state of calm, will, with their natural quickness of
temper, fly out into the extremity of insolence.'
24. FORMULA OF THE PRINCEPS OF DALMATIA.
[Sidenote: Princeps Dalmatiarum.]
[The Princeps, as observed on p. 96, seems to have practically
disappeared from the Officium of the Praefectus Praetorio. Here,
however, we find a Provincial Princeps whose rank and functions are
not a little perplexing. It seems probable that, while still nominally
only the chief of a staff of subordinates, he may, owing to the
character of the superior under whom he served, have practically
assumed more important functions. That superior in this case was a
Comes, whose military character is indicated by the first letter of
this book. The Princeps was therefore virtually the Civil Assessor of
this officer.
The Comes under Theodoric would generally be a Goth; the Princeps must
be a Roman and a Jurisconsult. The business of the former was war and
administration; that of the latter, judgment, though his decisions
were apparently pronounced by the mouth of the Comes, his superior in
rank.]
'Whosoever serves while bearing the title of Princeps has high
pre-eminence among his colleagues. To the Consul of the Provinces
power is given, but to you the Judge himself is entrusted. Without you
there is no access to the Secretarium, nor is the ceremony of
salutation[478] [by subordinate officers] performed. You hold the
vine-rod[479] which menaces the wicked; you have the right, withheld
from the Governor himself, of punishing the insolence of an orator
pleading in his Court. The records of the whole suit have to be signed
by you, and for this your consent is sought after the will of the
Judge has been explained.'
[Footnote 478: 'Pompa osculationis.' Another reading is 'Pompa
postulationis.']
[Footnote 479: 'Tu vitem tenes improbis minantem.' The allusion is to
the vine-bough, which was used in scourging. The alternative reading,
_vitam_, does not seem to give so good a sense.]
25. FORMULA RECOMMENDING THE PRINCIPES[480] TO THE COMES.
[Footnote 480: Plural. Apparently, therefore, each Count had more than
one Princeps, perhaps one for each large city in his Province.]
[Sidenote: Ad Commendandos Comiti Principes.]
'It is our glory to see you [a Goth, one of our own nation]
accompanied by a Roman official staff. Acting through such Ministers,
your power seems to be hallowed by the sanction of Antiquity.
'For to this point, by God's help, have we brought our Goths, that
they should be both well-trained in arms and attuned to justice. It is
this which the other races cannot accomplish; this that makes you
unique among the nations, namely, that you, who are accustomed to war,
are seen to live obedient to the laws side by side with the Romans.
Therefore from out of our _Officium_, we have decided to send A and B
to you, that according to ancient custom, while forwarding the
execution of your commands they may bring those commands into
conformity with the mind of past ages[481].'
[Footnote 481: 'Rationabili debeant antiquitate moderari.' Perhaps we
might translate, 'with the Common Law.']
26. FORMULA OF THE COUNTSHIP OF THE SECOND RANK IN DIVERS CITIES[482].
[Footnote 482: The title runs thus (in Nivellius' Edition): 'Formula
Comitivae Honorum Scientiae Ordinis diversarum Civitatum.' I do not
know what is meant by 'Honorum Scientiae.' Can 'Scientiae' be a
transcriber's blunder for 'secundi?']
[Sidenote: Comitiva diversarum civitatum.]
For the sentences, more than usually devoid of meaning, in which
Cassiodorus dilates on Free-will, Justice, and the mind of man, it may
be well to substitute Manso's description of this dignity (p. 379):
'By the title of a Count of the Second Order the Judges in little
towns appear chiefly to have been rewarded and encouraged. Those named
for it, however, can hardly have received any great distinction or
especial privileges, for Cassiodorus not only enumerates no civic
advantages thus secured to them, but expressly says, "We intend to
bestow better things than this upon you, if you earn our approbation
in your present office." He does not use this language to those
adorned with the _Comitiva Primi Ordinis_.'
27. FORMULA ADDRESSED TO THE DIGNIFIED CULTIVATORS AND CURIALES[483].
[Footnote 483: Cf. vi. 24.]
[Sidenote: Honorati Possessores et Curiales.]
'As one must rule and the rest obey, we have for this Indiction
conferred the Countship of your City on A B, that he may hear your
causes and give effect to our orders.'
[Apparently this letter and the preceding relate to the same
appointment. The words 'secundi ordinis' are not added to the title of
the new Count when his fellow-citizens are informed of it.]
28. FORMULA ANNOUNCING THE APPOINTMENT OF A COMES TO THE CHIEF OF HIS
STAFF[484].
[Footnote 484: This must, I think, be the meaning; but it is hard to
extract it from the words 'Formula Principis Militum Comitivae.']
[Sidenote: Princeps Militum Comitivae.]
'Judge and Court Officer (Praesul and Miles) are terms which involve
one another. The officers of the Court have no right to exist,
without the Judge; he is powerless without them to execute his
commands. We therefore think it well to inform you of our appointment
of A B as Count over your body[485]. It is no light benefit that so
long as you attend to your duty[486] you are allowed to elect the
examiners.'
[Footnote 485: 'Comitem Militiae Vestrae.']
[Footnote 486: 'Nec istud leve credatis beneficium, ut cum vos scitis
obsequium, vobis occurrat electio cognitorum.' For Cognitores, see
vii. 3. These Cognitores had virtually the decision of all 'issues of
fact,' and consequently their nomination was a very important matter.
I think the meaning of this passage is: 'I, the King, appoint the
_Comes_ (= Judex), and graciously inform you of my decision. But you
(the Officium) have the privilege--and it is no small one--of electing
the _Cognitores_.']
29. FORMULA CONCERNING THE GUARD AT THE GATES OF A CITY.
[Sidenote: De Custodiendis Portis Civitatis.]
'We entrust to you an important office, the care of the gate of such
and such a city. Do not keep it always shut--that were to turn the
city into a prison; nor let it always lie open--then the walls are
useless. Use your own judgment, but remember that the gate of a city
is like the jaws of the human body, through which provisions enter to
nourish it.'
30. FORMULA OF THE TRIBUNATE IN THE PROVINCES.
[Sidenote: Tribunatus Provinciarum.]
'It is right that one who has served his time in civil employment
should receive his reward, and we therefore appoint as your Tribune
the man who has a right to the office by seniority. You are to obey
him, since officers of this kind partake of the nature of Judges
[governors], as they are called to account for any excesses committed
by you.'
[Who this Tribune was--since the _Tribunus Voluptatum_ is apparently
out of the question--and how his jurisdiction fitted in to that of
other officers, Manso (p. 362) deems it impossible to decide, nor can
I offer any suggestion.]
31. FORMULA OF THE PRINCEPS OF THE CITY OF ROME.
[Sidenote: Formula Principatus Urbis Romae.]
'As there must be the _Officium_, of a Count in Rome, and as we want
to have our chief Princeps[487] near us [in Ravenna], we wish you to
take his place and wield power as his _Vicarius_ in Rome.
[Footnote 487: 'Principem nostrum _cardinalem_' (observe this use of
the word).]
'If you think that any of the _Comitiaci_ ought to be sent to attend
our Comitatus [at Ravenna], do so at your own discretion, retaining
those whom you think proper to retain at Rome. Let there be an
alternation, however, that one set of men be not worn out with
continuous labour, while the others are rusting in idleness.'
32. FORMULA OF THE MASTER OF THE MINT.
[Sidenote: Formula qua Moneta Committitur.]
'Great is the crime of tampering with the coinage; a crime against the
many--whose buying and selling is disturbed by it; and a crime and a
sacrilege against us, whose image is impressed on the coins.
'Let everything be pure and unalloyed which bears the impress of our
Serenity. Let the flame of gold be pale and unmixed, let the colour of
silver smile with its gracious whiteness, let the ruddy copper retain
its native glow.
'Coins are to keep their full weight. They used to pass current by
weight, not by tale, whence the words for profit and expenditure[488].
_Pecunia_ was named from cattle (pecus). You must see that our money
does not return to this low condition. King Servius first used
stamped money. Take then the care of the mint; hold it for five years,
and be very careful how you administer it.'
[Footnote 488: 'Compendium et dispendium' (from _pendere_, to weigh).]
33. FORMULA RESPECTING THE AMBASSADORS OF VARIOUS NATIONS.
[Sidenote: Formula Legatorum Gentium Diversarum.]
'Since it is important that when ambassadors return to their country
they should feel that they have been well treated in ours, hand the
enclosed _douceur_ (humanitas), and a certain quantity of fodder for
their horses, to the ambassadors of such and such a nation. Nothing
pleases those who have commenced their return journey better than
speeding them on their way.'
34. FORMULA OF SUMMONS TO THE KING'S COURT (UNSOLICITED).
[Sidenote: Formula Evocatoria quam Princeps dirigit.]
'We summon you by these presents to our Comitatus, that you may have
an extraordinary pleasure. Be brisk therefore, and come on such a day
to such a city. Our Palace longs for the presence of good men, and God
puts it into our hearts to give them a cordial reception.'
35. FORMULA OF SUMMONS TO THE COURT (SOLICITED).
[Sidenote: Formula Evocatoria quae petenti conceditur.]
'It is a sign of a good conscience to seek the presence of a just
ruler; it is only good deeds that crave the light of the sun. Come
then speedily. We consider our own glory augmented when we see noble
men flocking to our obedience.'
36. FORMULA GRANTING TEMPORARY LEAVE OF ABSENCE.
[Sidenote: Formula Commeatalis ad tempus.]
'All men require change: even honey cloys after a time. We therefore
give you leave to visit such a Province and remain there so many
months, with the understanding that when they are over you return to
the City. If it be tedious to live always in the City, how much more
to live long in the country! But we gladly give you this holiday, not
that Rome should be deserted, but that absence from her may commend
her to you all the more.'
37. FORMULA CONFERRING THE RANK OF A SPECTABILIS.
[Sidenote: Spectabilitas.]
'Wishing to bestow the right honours on the right man among our
subjects, we decorate you with the splendour of a _Spectabilis_, that
you may know that your opinion is duly respected[489] at all public
meeting-places, when you take your honoured seat among the nobles.'
[Footnote 489: 'Spectandam,' an allusion to the derivation of
_spectabilis_.]
38. FORMULA CONFERRING THE RANK OF A CLARISSIMUS.
[Sidenote: Clarissimatus.]
'The desire of praise is a good thing, and leads to the increase of
virtue. Receive the honour of the _Clarissimatus_, as a testimony to
the excellence of your past life and a pledge of your future
prosperity. Observe, you are not called _Clarus_, but _Clarissimus_.
Everything that is most excellent may be believed of him who is
saluted by such a splendid superlative.'
39. FORMULA BESTOWING 'POLICE PROTECTION.'
[Sidenote: Tuitio Regii nominis.]