The Letters of Cassiodorus
for hearing at the judgment-seat of the most blessed Pope, in order
that the latter may either decide between the two in his own holy
manner, or may delegate the cause to a Jurisconsult to be ended by
him. And if, perchance, which it is impiety to believe, the
reasonable desire of the petitioner shall have been evaded, then may
he come to the secular courts with his grievance, when he can prove
that his petitions have been spurned by the Bishop of the aforesaid
See[550].
[Footnote 550: 'Definimus, ut si quispiam ad Romanum Clerum aliquem
pertinentem, in qualibet causa probabili crediderit actione pulsandum,
ad beatissimi Papae judicium prius conveniat audiendus. Ut aut ipse
inter utrosque more suae sanctitatis agnoscat, aut causam deleget
aequitatis studio terminandam: et si forte, quod credi nefas est,
competens desiderium fuerit petitoris elusum, tuno ad saecularia fora
jurgaturus occurrat, quando suas petitiones probaverit a supradictae
sedis praesule fuisse contemptas.']
'Should any litigant be so dishonest and so irreverent, both towards
the Holy See and our authority, as to disregard this order [and
proceed first in our tribunals against one of the Roman clergy], he
shall forfeit 10 lbs. of gold [L400], to be exacted by the officers of
the Count of Sacred Largesses and distributed by the Pope to the poor;
and he shall lose his suit in addition, notwithstanding any decree
which he may have gained in the secular court.
'Meanwhile do you, whom our judgments thus venerate, live according to
the ordinances of the Church. It is a great wickedness in you to admit
such crimes as do not become the conversation even of secular men.
Your profession is the heavenly life. Do not condescend to the
grovelling wishes and vulgar errors of ordinary mortals. Let the men
of this world be coerced by human laws; do you obey the precepts of
righteousness.'
[See Dahn, 'Koenige der Germanen' iii. 191-2, Sartorius 145, and
Bauer's 'History of the Popes' ii. 323-4, for remarks on this
important _privilegium_.
It is clear that it relates to civil, not criminal procedure, and that
it does leave a right of final appeal from the Papal Courts to the
dissatisfied secular litigant. At the same time, that such an appeal
would be prosecuted with immense difficulty is clear even from the
words of the decree. The appellant will have to satisfy the King's
Judges of a thing which it is almost impiety to believe, that the
occupant of the Roman See has spurned his petitions.]
25. KING ATHALARIC TO JOANNES, VIR SPECTABILIS, REFERENDARIUS.
[Sidenote: Confirmation of Tulum's gift of property in the
Lucullanum.]
'It is a very fitting thing to confirm the generosity of others
towards persons who might well have received gifts from oneself. We
therefore declare that in your case the gift is another's but the will
to give is our own, and the King has only been anticipated by the
rapid bounty of the subject[551].
[Footnote 551: 'Profitemur itaque alterius quidem donum, sed nostrum
esse judicium, et modernam principis mentem praevenisse tantum
velocissimam largitatem.' Observe again the use of Cassiodorus'
favourite word _modernam_.]
'Everyone knows that our grandfather wished to give you the house of
Agnellus in the Castrum Lucullanum, but could not do so having already
given it to the Patrician Tulum[552]. Tulum, however, with his usual
generosity, seconding the wishes of his master, formally conveyed the
property to you; and that conveyance we now confirm, guaranteeing the
quiet possession of it to you and your heirs for all time to come. If
any doubt exist as to your title, by any mischance, or by reason of
any enquiry, such doubt is exploded by the authority of this letter of
ours[553].
[Footnote 552: Tholuit, or Tholum, in some MSS., but no doubt the same
as the Tulum of Letters 9 and 10.]
[Footnote 553: 'Ubi et si quid esset quolibet casu, qualibet
inquisitione fortassis ambiguum, hujus auctoritatis nostrae judicio
constat explosum.']
'And should any envious person, in contempt of our royal will, dare to
raise any question in this matter hereafter, either on behalf of the
Fiscus or of any private individual, we declare that he shall pay to
you, or to the person to whom you may have assigned the said house,
100 lbs. of gold (L4,000) by way of penalty.'
[Why should there be the necessity of this royal confirmation of a
transaction between two private individuals, Tulum and Joannes, and
this tremendous penalty on all future impugners of it?
Evidently because the property had been impressed with the character
of State domain, and it was doubtful how far Tulum's alienation of it
might stand good against the claims of future Sovereigns.
This becomes quite clear when we reflect what is the property to which
this letter refers. It is either the whole or a part of the
Lucullanum, to which the deposed Emperor, Romulus Augustulus, was
banished in 476. On his death, as we may conjecture, this property,
one of the most delightful places of residence in Italy, has been
given by Theodoric to Tulum, perhaps just after he had distinguished
himself in the Gaulish campaign of 508. For some reason or other,
Tulum has alienated it (ostensibly, given it) to the Reporter Joannes,
no doubt a Roman, who is apparently nervous lest his title to it
should hereafter be impugned on the ground that the palace of the last
Roman Emperor was national property. Hence this letter. There is some
difficulty and variation between the MSS. in the words describing the
property: 'Saepe dicta domus paternae recordationis Agnelli, in
Lucullano castro posita.' For _paternae_, Migne's editor reads
_patriciae_. The forthcoming critical edition of the 'Variae' will
show whether there is any support in the MSS. for a conjecture which I
cannot help entertaining that _Agnelli_ is an error for _Augustuli_.]
26. KING ATHALARIC TO ALL THE INHABITANTS OF REATE AND NURSIA.
[Sidenote: Gothic settlers in the Sabine territory exhorted to
obedience to their Prior, Quidila.]
'Our glorious grandfather had arranged that, in accordance with your
desire, Quidila, son of Sibia, should be your Captain (Prior). We
confirm this appointment, and desire you to obey him in all things.
You are so far moulded by the character of our grandfather that you
willingly obey both the laws and the Judges. Our enemies are best
vanquished, and the favour both of Heaven and of other nations is best
conciliated for us, by our obeying the principles of justice. If
anyone is in need of anything, let him seek to obtain it from the
generosity of his Sovereign rather than by the strength of his own
right hand, since it is for your advantage that the Romans be at
peace, who, in filling our Treasury, at the same time multiply your
donatives.'
[This letter is evidently addressed to Goths, and Quidila the _Prior_,
who is set over them, is also a Goth. We can only conjecture what the
office of Prior was: probably to some extent it involved civil as well
as military authority. The conjecture of Dahn ('Koenige der Germanen'
iv. 173) that it corresponds to the Gothic _Hundafath_ (Centenarius),
seems to me extremely probable. The title of the letter is curious. It
is addressed 'Universis Reatinis et Nursinis.' Are we then to suppose
that strong military colonies of Goths had been settled in these
places, the Roman inhabitants having been extruded? The fact that St.
Benedict was born in Nursia, some fifty-seven years before the writing
of this letter, gives an additional interest to this question.]
27. KING ATHALARIC TO DUMERIT THE SAJO, AND TO FLORENTINUS, A ZEALOUS
OFFICER OF THE COURT[554].
[Footnote 554: 'Florentino viro devoto Comitiaco.']
[Sidenote: Robbery in the district of Faenza to be suppressed.]
'Justice must be shown upon the wicked. Different diseases require
different remedies.
'Let your Devotion speed instantly through the territory of Faventia,
and if you find any persons, either Goths or Romans, concerned in the
plunder of the possessors, punish them severely. How much better it
would be for those misguided persons to live according to our will,
and earn the reward of pleasing us.' [The last sentence is obscure,
and perhaps the text is corrupt.]
28. KING ATHALARIC TO CUNIGAST, VIR ILLUSTRIS.
[No doubt the same as the Conigast attacked by Boethius in the
'Philosophiae Consolatio' i. 4[555].]
[Footnote 555: 'Quoticus ego Conigastum in inbecillis cujusque
fortunas impetum facientem obvius excepi!']
[Sidenote: Possessores (or Coloni?) forced to become slaves.]
'Our Serenity has been moved by the grievous petition of Constantius
and Venerius, who complain that Tanca [probably a Goth] has wrested
from them the farm which is called Fabricula, which belonged to them
in their own right, together with the stock upon it[556], and has
compelled them, in order to prevent similar forcible demands upon
their property in future, to allow the worst lot of all--the condition
of slavery--to be imposed upon them, who are really free[557].
[Footnote 556: 'Cum suo peculio.' If they were not slaves they could
not have _peculium_ in the technical sense. I therefore understand
'peculio' to be simply equivalent to _cattle_, a sense which is
confirmed by 'Calabri peculiosi' in Letter 33.]
[Footnote 557: 'Adjicientes ne rerum suarum repetitionibus imminerent
[? imminuerent] liberis sibi conditionem ultimae servitutis imponi.'
Cf. Salvian, De Gubernatione Dei v. 8, 9, for a description of similar
occurrences in Gaul.]
'Let your Greatness therefore summon Tanca to your judgment-seat, and,
after hearing all parties, pronounce a just judgment and one accordant
to your character. For though it is a serious matter to oust a lord
from his right, it is contrary to the feelings of our age to press
down free necks under the yoke of slavery.
'Let Tanca therefore either establish his right to the slaves and
their property, or, if they are proved free, let him give them up,
whole and unharmed: in which case we will inflict upon him no further
penalty.'
29. KING ATHALARIC TO THE DIGNIFIED CULTIVATORS[558] AND CURIALS OF
THE CITY OF PARMA.
[Footnote 558: 'Honoratis Possessoribus.']
[Sidenote: Sanitary measures needed in Parma.]
'You ought willingly to co-operate in that which is being done for the
advantage of your town. When it was suffering from a long drought, our
grandfather, with God's help, watered it with the life-giving wave.
Cleanse out then the mouths of your sewers, lest otherwise, being
checked in its flow by the accumulated filth, it should surge back
into your houses, and bring into them the pollution which it was meant
to wash away.
'The Spectabilis Genesius is appointed to superintend this work, and
to quicken your zeal regarding it.'
30. KING ATHALARIC TO GENESIUS, VIR SPECTABILIS.
[Relating to the same subject as the preceding.]
[Sidenote: The same subject.]
'Through love of your city our grandfather, with royal generosity,
constructed an aqueduct of the ancient type[559] for you. But it is of
no use to provide a good water-supply unless your sewers are in good
order. Therefore let your Sublimity set the citizens of Parma
diligently to work at this business, that all ancient channels,
whether underground or those which run by the sides of the streets, be
diligently repaired[560], in order that when the longed-for stream
flows into your town it be not hindered by any obstacle.
[Footnote 559: 'Antiqui operis formam.']
[Footnote 560: 'Quatenus antiquos cuniculos, sive subterraneos, sive
qui junguntur marginibus platearum diligenter emendent.']
'How fair is water in a running stream, but how ugly in puddles and
swamps; it is good then neither for man nor beast. Without water city