permission which you craved, but we suitably blame the desire of your
wandering minds. _We cannot order a religion, because no one is forced
to believe against his will._'
28. KING THEODORIC TO STEPHANUS, 'SENATOR, COMES PRIMI ORDINIS, AND
EX-PRINCEPS OF OUR OFFICIUM[263].'
[Footnote 263: Are we to understand by this expression the Officium of
the Praetorian Praefect?]
[Sidenote: Honours conferred on Stephanus on his retirement from the
Civil Service.]
Praises him for all the good qualities which have been recognised by
successive Judges under whom he has served--his secrecy, efficiency,
and incorruptibility.
He is therefore, on his retirement from active service, raised to the
honour of a 'Spectabilis,' and rewarded with the rank of 'Comitiva
Primi Ordinis.' As a substantial recompence he is to have all the
privileges which by 'divalia constituta' belong to the 'ex-principes'
of his Schola, and is guaranteed against all damage and 'sordid
burdens[264],' with a hope of further employment in other
capacities[265].
[Footnote 264: Curial obligations.]
[Footnote 265: 'Fixum tenuisti _militiae probatae_ vestigium.
Spectabilitatis honorem, quem _militiae sudore_ detersis justa
deputavit antiquitas praesenti tibi auctoritate conferimus ut laboris
tui tandem finitas _excubias_ ... intelligas ... Tibique utpote
_militiae_ munere persoluto.' The term 'militia' is employed here, as
in the Codes, of 'service in a bureau.']
29. KING THEODORIC TO ADILA, SENATOR AND COMES.
[Sidenote: Protection to dependents of the Church.]
[Notice the Senatorial rank borne by a man with a Gothic name.]
'We wish to protect all our subjects[266], but especially the Church,
because by so doing we earn the favour of Heaven. Therefore, in
accordance with the petition of the blessed Eustorgius[267], Bishop of
Milan, we desire you to accord all necessary protection to the men
and farms belonging to the Milanese Church in Sicily: always
understanding, however, that they are not to refuse to plead in answer
to any public or private suit that may be brought against them. They
are to be protected from wrong, but are not themselves to deviate from
the path of justice.'
[Footnote 266: 'Quia Regnantes est gloria, subjectorum otiosa
tranquillitas.']
[Footnote 267: For Eustorgius, cf. Letter i. 9.]
30. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.
[Sequel to last letter.]
[Sidenote: Freedom from taxation granted to Church of Milan.]
'Our generosity to an individual does not harm the public, and there
is no reason for putting any bounds to its exercise.
'The Defensores of the Holy Church of Milan want to be enabled to buy
as cheap as possible the things which they need for the relief of the
poor; and they say that we have bestowed this favour on the Church of
Ravenna.
'Your Magnificence will therefore allow them to single out some one
merchant who shall buy for them in the market, without being subject
to monopoly, siliquaticum, or the payment of gold-fee[268].'
[Footnote 268: Auraria pensio. See note on ii. 26.]
[It is easy to see how liable to abuse such an exception was. Who was
to decide when this merchant was buying for the Church and when for
himself; when the Church was buying for the poor and when for her own
enrichment?]
31. KING THEODORIC TO THE DROMONARII [ROWERS IN EXPRESS-BOATS].
[Sidenote: State Galleys on the Po.]
'Those who claim the title of "militia" ought to serve the public
advantage. We have therefore told the Count of Sacred Largesses that
you are to assemble at Hostilia [on the Padus, about fifteen miles
east of Mantua], there to receive pay from our Treasury, and then to
relieve the land postal-service (veredarii) by excursions up and down
the channel of the Padus. There is no fear of _your_ limping; you walk
with your hands. No fear of _your_ carriages wearing out; they travel
over liquid roads, and suffer no wear and tear because they are borne
along upon the wave which itself runs with them.'
32. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
[Sidenote: Drainage of marshes of Decennonium.]
'We always enjoy rewarding public spirit. Decius, Magnificus and
Patrician, has most nobly volunteered to drain the marsh of
Decennonium, where the sea-like swamp, accustomed to impunity through
long licence, rushes in and spoils all the surrounding lands.
'We, in consideration of so great an undertaking, determine to secure
to him the fruits of his labour, and we therefore wish that you,
Conscript Fathers, should appoint a commission of two to visit the
spot and mark out the ground, which is at present wasted by the
inundations, that this land may be secured to Decius as a permanent
possession when he has drained it.'
[The Palus Decennonii is undoubtedly connected with the Decennovial
Canal mentioned by Procopius ('De Bello Gotth.' i. 11), and so called
because it flowed for nineteen miles alongside the Appian Way. In the
Piazza at Terracina there is a very interesting inscription, recording
the fact that Theodoric had ordered that nineteen miles of the Appian
Way should be cleared of the waters which had accumulated round it,
and had committed the work to Caecina Maurus Basilius Decius, 'Vir
Clarissimus et Illustris, Ex-Praefectus Urbi, Ex-Praefectus Praetori,
Ex-Consul Ordinarius et Patricius.' See 'Italy and her Invaders' iii.
348.]
33. KING THEODORIC TO DECIUS, ILLUSTRIS AND PATRICIAN.
[Sidenote: The same subject.]
The complement of the foregoing letter, about the drainage of the
marshes of Decennonium, which are hereby granted to him, apparently
'sine fisco,' tax-free.
[But the meaning may be, 'the marshes which you drain _sine
fisco_'--without help from the Treasury.]
The chief point of difference between this and the previous letter is
that here Decius is allowed and encouraged to associate partners with
him in the drainage-scheme, whom he is to reward according to their
share of the work. Thus will he be less likely to sink under the
enterprise, and he will also lessen men's envy of his success.
34. KING THEODORIC TO ARTEMIDORUS, PRAEFECT OF THE CITY.
[Sidenote: Embezzlement of City building funds.]
'The persons to whom money was entrusted for the rebuilding of the
walls of Rome have been embezzling it, as was proved by your
examination of their accounts (discussio). We are very glad that you
have not hidden their misconduct from us (inclined as a generous mind
is to cover up offences), since you would thereby have made yourself
partaker of their evil deeds. They must restore that which they have
dishonestly appropriated, but we shall not (as we might fairly do)
inflict upon them any further fine. We are naturally inclined to
clemency, and they will groan at having to give up plunder which they
had already calculated upon as their own.'
35. KING THEODORIC TO TANCILA, SENATOR.
[We have here another Senator with a Gothic name].
[Sidenote: Theft of brazen statue at Como.]
'We are much displeased at hearing that a brazen statue has been
stolen from the City of Como. It is vexatious that while we are
labouring to increase the ornaments of our cities, those which
Antiquity has bequeathed to us should by such deeds be diminished.
Offer a reward of 100 aurei (£60) to anyone who will reveal the author
of this crime; promise pardon [to an accomplice], and if this does not
suffice, call all the workmen together "post diem venerabilem" [Does
this mean on the day after Sunday?], and enquire of them "sub terrore"
[by torture?] by whose help this has been done. For such a piece of
work as moving this statue could only have been undertaken by some
handicraftsman.'
36. EDICT ABOUT THE STATUE AT COMO.
[Refers to previous letter.]
[Sidenote: The same subject.]
'Though impunity for the crime should be sufficient reward, we promise
100 aurei, as well as forgiveness for his share in the offence, to
anyone who will reveal the author of the theft of the statue at Como.
A golden reward for a brazen theft. Anyone not accepting this offer
and afterwards convicted will suffer the extreme penalty of the law.'
37. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.
[Sidenote: Largesse to citizens of Spoleto.]
'As our Kingdom and revenues prosper, we wish to increase our
liberality. Let your Magnificence therefore give to the citizens of
Spoletium another "millena" for extraordinary gratuitous admissions to
the baths[269]. We wish to pay freely for anything that tends to the
health of our citizens, because the praise of our times is the
celebration of the joys of the people.'
[Footnote 269: 'Ad exhibitionem thermarum supra consuetudinem.']
[The 'millena' probably means 1,000 solidi, or £600.]
38. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.
[Sidenote: Immunity from taxation. Hostile ravages.]
'We have no pleasure in gains which are acquired by the misery of our
subjects. We are informed that the merchants of the city of Sipontum
[in Apulia] have been grievously despoiled by hostile incursions
[probably by the Byzantine fleet in 508]. Let your Magnificence
therefore see to it that they are for two years not vexed by any
claims for purveyance (coemptio) on the part of our Treasury. But
their other creditors must give them the same indulgence.'
39. KING THEODORIC TO ALOISIUS THE ARCHITECT.
[Sidenote: Hot springs of Aponum.]
'The fountain of Aponus--so called originally in the Greek language as
being the remover of pain[270]--has many marvellous and beneficial
properties, for the sake of which the buildings round it ought to be
kept in good repair. One may see it welling up from the bowels of the
earth in spherical form, under a canopy of steam. From this parent
spring the waters, glassy-clear and having lost their first
impetuosity, flow by various channels into chambers prepared for them
by nature but made longer by art. In the first, when the boiling
element dashes against the rock, it is hot enough to make a natural
sudatorium; then it cools sufficiently for the tepidarium; and at
last, quite cold, flows out into a fish-pond like that of Nero.
Marvellous provision of Nature, whereby the opposing elements, fire
and water, are joined in harmonious union and made to soothe the pain
and remove the sickness of man! Yet more wonderful is the moral purity
of this fountain. Should a woman descend into the bath when men are
using it, it suddenly grows hotter, as if with indignation that out of
its abundant supply of waters separate bathing-places should not be
constructed for the two sexes, if they wish to enjoy its bounty[271].
Moreover, those secret caves, the bowels of the mountains from whence
it springs, have power even to judge contentious business. For if any
sheep-stealer presumes to bring to it the fleece of his prey, however
often he may dip it in the seething wave, he will have to boil it
before he succeeds in cleansing it.
[Footnote 270: [Greek: aponos].]
[Footnote 271: I think this is Cassiodorus' meaning, but his language
is obscure.]
'This fountain then, as we before said, deserves a worthy habitation.
If there be anything to repair in the _thermae_ themselves or in the
passages (cuniculi), let this be done out of the money which we now
send you. Let the thorns and briers which have grown up around it be
rooted up. Let the palace, shaken with extreme old age, be
strengthened by careful restoration. Let the space which intervenes
between the public building and the source of the hot-spring be
cleared of its woodland roughness, and the turf around rejoice in the
green beauty which it derives from the heated waters.'
[The hot-springs of Abano, the ancient Aponum, are situated near the
Euganean Hills, and are about six miles from Padua. The heat of the
water varies from 77° to 185° (Fahr.). The chief chemical ingredients
are, as stated by Cassiodorus, salt and sulphur. Some of the minute
description of Cassiodorus (greatly condensed in the above abstract)
seems to be still applicable; but he does not mention the mud-baths
which now take a prominent place in the cure. On the other hand, the
wonderful moral qualities of the spring are not mentioned by modern
travellers.]
40. KING THEODORIC TO BOETIUS THE PATRICIAN.
[Sidenote: Boetius to choose a harper for the King of the Franks.]
'The King of the Franks [Clovis] has asked us to send him a harper. We
felt that in you lay our best chance of complying with his request,
because you, being such a lover of music yourself, will be able to
introduce us to the right man.'
Reflections on the nature of music. She is the Queen of the senses;
when she comes forth from her secret abiding place all other thoughts
are cast out. Her curative influence on the soul.
The five tones: the Dorian[272], influencing to modesty and purity;
the Phrygian to fierce combat; the Aeolian to tranquillity and
slumber; the Ionian (Jastius), which sharpens the intellect of the
dull and kindles the desire of heavenly things; the Lydian, which
soothes the soul oppressed with too many cares.
[Footnote 272: Cf. Milton:
'To the Dorian mood
Of flutes and soft recorders; such as rais'd
To highth of noblest temper heroes old
Arming to battle, and instead of rage
Deliberate valour breath'd, firm and unmov'd
With dread of death to flight or foul retreat.']
We distinguish the highest, middle, and lowest in each tone, obtaining
thus in all fifteen tones of artificial music.
The diapason is collected from all, and unites all their virtues.
Classical instances of music:
Orpheus.
Amphion.
Musaeus.
The human voice as an instrument of music. Oratory and Poesy as
branches of the art.
The power of song: Ulysses and the Sirens.
David the author of the Psalter, who by his melody three (?) times
drove away the evil spirit from Saul.
The lyre is called 'chorda,' because it so easily moves the hearts
(corda) of men.
As the diadem dazzles by the variegated lustre of its gems, so the
lyre with its divers sounds.
The lyre, the loom of the Muses.
Mercury, the inventor of the lyre, is said to have derived the idea of
it from the harmony of the spheres. This astral music, apprehended by
reason alone, is said to form one of the delights of heaven. 'If
philosophers had placed that enjoyment not in sweet sounds but in the
contemplation of the Creator, they would have spoken fitly; for there
is truly joy without end, eternity abiding for ever without weariness,
and the mere contemplation of the Divinity produces such happiness
that nothing can surpass it. This Being furnishes the true
immortality; this heaps delight upon delight; and as outside of Him no
creature can exist, so without Him changeless happiness cannot
be[273].
[Footnote 273: 'Bene quidem arbitrati, si causam celestis beatitudinis
non in sonis sed in Creatore possuissent; ubi veraciter sine fine
gaudium est, sine aliquo taedio manens semper aeternitas: et inspectio
sola Divinitatis efficit, ut beatius esse nil possit. Haec veraciter
perennitatem praestat: haec jucunditates accumulat; et sicut praeter
ipsam creatura non extat, ita sine ipsâ incommutabilem laetitiam
habere non praevalet.']
'We have indulged ourselves in a pleasant digression, because it is
always agreeable to talk of learning with the learned; but be sure to
get us that _Citharoedus_, who will go forth like another Orpheus to
charm the beast-like hearts of the Barbarians. You will thus both obey
us and render yourself famous.'
41. KING THEODORIC TO LUDUIN [CLOVIS], KING OF THE FRANKS.
[Sidenote: Victories of Clovis over the Alamanni.]
Congratulates him on his recent victories over the Alamanni. Refers to
the ties of affinity between them (Theodoric having married the sister
of Clovis). Clovis has stirred up the nation of the Franks, 'prisca
aetate residem,' to new and successful encounters. 'It is a memorable
triumph that the impetuous Alaman should be struck with such terror as
even to beg for his life. Let it suffice that that King with all the
pride of his race should have fallen: let it suffice that an
innumerable people should have been doomed either to the sword or to
slavery.'
He recommends (almost orders) Clovis not to touch the panic-stricken
refugees who have fled to the territory of Theodoric. Theodoric
himself has always found that those wars were prosperously waged which
were ended moderately.
Theodoric sends 'illum et illum' as ambassadors, to take certain
verbal counsels from himself, to bring this letter and carry back the
reply, and also to introduce the Citharoedus of whom we heard in the
preceding letter[274].
[Footnote 274: There are two allusions to the relationship between the
Kings: 'vestrae virtutis affinitate' (line 1), and 'ad parentum
vestrorum defensionem confugisse' (line 10).]
[The campaign of Clovis against the Alamanni, referred to in this
letter, is not mentioned by Gregory of Tours. Ennodius, however, in
his Panegyric on Theodoric, and Agathias in his History, make distinct
allusions to this event, and to Theodoric's reception of the
vanquished Alamanni in his own dominions, probably in the valleys of
Raetia.
This letter is very fully discussed by Von Schubert, at pp. 32-43 of
his 'Unterwerfung der Alamannen' (Strassburg, 1884). I may also refer
to 'Italy and her Invaders' iii. 390-91.
The date of the letter is probably about 504.]
BOOK III.
CONTAINING FIFTY-THREE LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF
THEODORIC.
1. KING THEODORIC TO ALARIC, KING OF THE VISIGOTHS.
[Sidenote: Dissuades Alaric the Visigoth from war with the Franks.]
'Surrounded as you are by an innumerable multitude of subjects, and
strong in the remembrance of their having turned back Attila[275],
still do not fight with Clovis. War is a terrible thing, and a
terrible risk. The long peace may have softened the hearts of your
people, and your soldiers from want of practice may have lost the
habit of working together on the battlefield. Ere yet blood is shed,
draw back if possible. We are sending ambassadors to the King of the
Franks to try to prevent this war between our relatives; and the
ambassadors whom we are sending to you will go on to Gundibad, King of
the Burgundians, to get him to interpose on behalf of peace. Your
enemy will be mine also.'
[Footnote 275: 'Quamvis Attilam potentem reminiscamini Visigothorum
viribus inclinatum.']
[The battle of Vouglé in which Alaric was overthrown by Clovis, was
fought in 507; but the date of this letter is probably 506 (Dahn's
date) rather than 507, as there were no doubt some premonitory
symptoms before the war broke out.
Binding i. 181 (_n._ 608), and Pallmann ii. 55 _n._ 1, and 135 _n._ 2,
incline to a date somewhat earlier even than 506, thinking that there
may have been earlier threatenings of war, which Theodoric succeeded
for the time in averting.
The earlier the date the better will it suit the allusion to Clovis
(and Alaric) as 'Regii _Juvenes_' in the following letter. Clovis was
born in 466, and was therefore 41 years of age at the battle of
Vouglé.]
2. KING THEODORIC TO GUNDIBAD, KING OF THE BURGUNDIANS.
[Sidenote: Dissuades Gundibad from war.]
Repeats the arguments in iii. 1 about the ill effects of war on the
fortunes of all, and says that it is Theodoric's part to moderate the
angry impulses of 'regii juvenes.' It becomes them to reverence
'senes,' such as Theodoric and Gundibad, although they are themselves
in the balmy vigour of the flower of their age.
Sends two ambassadors ('illum atque illum') with letters and a verbal
message, hoping that the wisdom of Gundibad may reflect upon what they
say to him [perhaps too delicate a matter to be committed to writing],
and find some way of preserving peace.
[It is remarkable that in this letter Theodoric, who was probably only
52, if the date of it be 506, and who may have been a year or two
younger, speaks of himself along with Gundibad as a _senex_, and of
Clovis, who could hardly be more than twelve years his junior, as
_regius juvenis_. Perhaps this is partly due to the fact that
Cassiodorus speaks from his own point of view. To him, now about 26
years of age, Theodoric might seem to be fitly described as 'senex.'
See Binding i. 181-183 on this letter and the reasons why it produced
no effect on Gundibad. See also Dahn ii. 144.]
3. KING THEODORIC TO THE KINGS OF THE HERULI, WARNI (GUARNI), AND
THURINGIANS.
[Sidenote: Attempt to form a Teutonic coalition on behalf of Alaric.]
[On the same subject.] If Clovis succeeds in his unprovoked aggression
on Alaric, none of his neighbours will be safe. 'I will tell you just
what I think: he who inclines to act without law is prepared to shake
the kingdoms of all of us[276].'
[Footnote 276: Compare the state of Europe during the wars of the
French Revolution, as expressed by Tennyson:
'Again their ravening eagle rose,
In anger, wheel'd on Europe-shadowing wings,
And barking for the thrones of kings.']
'Remember how often Alaric's father Euric gave you presents and staved
off war from your borders. Repay to the son the kindness of the
father. I send you two ambassadors, and I want you to join your
representations to mine and Gundibad's, calling on Clovis to desist
from his attacks on Alaric and seek redress from the law of
nations[277], or else expect the combined attack of all of us, for
this quarrel is really the quarrel of us all.'
[Footnote 277: 'Et leges gentium quaerat.' But how was the law of
nations to be enforced?]
[The turn of the Thuringians to be swallowed up by the Frankish
Monarchy came in 531.
See on this letter Dahn, 'Könige der Germanen' ii. 144 and 8 _n._ 2;
Pallmann ii. 55.]
4. KING THEODORIC TO LUDUIN (LUDWIG, OR CLOVIS), KING OF THE FRANKS.
[Sidenote: Desires Clovis to desist from war on Alaric.]
[On the same subject.] 'The affinities of kings ought to keep their
subjects from the plague of war. We are grieved to hear of the paltry
causes which are giving rise to rumours of war between you and our son
Alaric, rumours which gladden the hearts of the enemies of both of
you. Let me say with all frankness, but with all affection, just what
I think: "It is the act of a passionate man to get his troops ready
for action at the first embassy which he sends." Instead of that refer
the matter to our arbitration. It would be a delight to me to choose
men capable of mediating between you. What would you yourselves think
of me if I could hear unmoved of your murderous intentions towards one
another? Away with this conflict, in which one of you will probably be
utterly destroyed. Throw away the sword which you wield for _my_
humiliation. By what right do I thus threaten you? By the right of a
father and a friend. He who shall despise this advice of ours will
have to reckon us and our friends as his adversaries.
'I send two ambassadors to you, as I have to my son Alaric, and hope
that they may be able so to arrange matters that no alien malignity
may sow the seeds of dissension between you, and that your nations,
which under your fathers have long enjoyed the blessings of peace, may
not now be laid waste by sudden collision. You ought to believe him
who, as you know, has rejoiced in your prosperity. No true friend is
he who launches his associates, unwarned, into the headlong dangers of
war.'
5. KING THEODORIC TO IMPORTUNUS, VIR ILLUSTRIS AND PATRICIAN.
[Sidenote: Importunus promoted to the Patriciate.]
[Importunus was Consul in 509. This letter therefore probably belongs
to the early part of 510.]
'Noble birth and noble deeds meet in you, and we are therefore
bestowing on you an honour to which by age you are scarcely yet
entitled. Your father and uncle were especially noteworthy, the glory
of the Senate, men who adorned modern ages[278] with the antique
virtues, men who were prosperous without being hated. The Senate felt
their courage, the multitude their wisdom.
[Footnote 278: Notice the use of the word _modernus_ here, a
post-classical word, which apparently occurs first in Cassiodorus.]
'Therefore, being descended from such ancestors, and yourself
possessing such virtues, on laying down the Consular fasces, assume
the insignia of the Patriciate. Bind those fillets, which are
generally reserved for the hoary head, round your young locks, and by
your future actions justify my choice of you.'
6. KING THEODORIC TO THE SENATE ON IMPORTUNUS' ACCESSION TO THE
PATRICIATE.
[See preceding letter.]
[Sidenote: The same subject.]
'We delight to introduce new men to the Senate, but we delight still
more when we can bring back to that venerable body, crowned with fresh
honours, her own offspring[279]. And such is now my fortune in
presenting to you Importunus, crowned with the honours of the
Patriciate; Importunus, who is descended from the great stock of the
Decii, a stock illustrated by noble names in every generation, by the
favour of the Senate and the choice of the people. Even as a boy he
had a countenance of serene beauty, and to the gifts of Nature he
added the endowments of the mind. From his parents in household lays
he learned the great deeds of the old Decii. Once, at a great
spectacle, the whole school at the recitation of the Lay of the Decii
turned their eyes on Importunus, discerning that he would one day
rival his ancestors. Thus his widowed mother brought him up, him and
all his troop of brothers, and gave to the Curia as many Consulars as
she had sons[280]. All these private virtues I have discerned in him,
and now seal them with promotion to the Patriciate. At this act I call
on you specially to rejoice.'
[Footnote 279: 'Origo ipsa jam gloria est: laus nobilitati
connascitur. Idem vobis est dignitatis, quod vitae principium. Senatus
enim honor amplissimus vobiscum gignitur, ad quem vix maturis
aetatibus pervenitur.']
[Footnote 280: 'Et quot edidit familiae juvenes, tot reddidit curiae
consulares.']
7. KING THEODORIC TO THE VENERABLE JANUARIUS, BISHOP OF SALONA.
[Sidenote: Extortion by the Bishop of Salona.]
'The lamentable petition of John says that you have taken sixty tuns
of oil from him, and never paid him for them. It is especially
important that preachers of righteousness should be righteous
themselves. We cannot suppose that God is ignorant whence come the
offerings which we make before Him [and He must therefore hate robbery
for a burnt offering]. Pray enquire into this matter, and if the
complaint be well founded remedy it promptly. You who preach to us our
duty in great things should not be caught tripping in little ones.'
8. KING THEODORIC TO VENANTIUS, SENATOR, CORRECTOR OF LUCANIA AND
BRUTTII.
[Sidenote: Remissness of Venantius in collection of public revenue.]
[Venantius, son of Liberius, was, with many high commendations, made
Comes Domesticorum in Letters ii. 15 and 16. See further as to his
fall in iii. 36, also iii. 46.]
'Remissness in the collection of the public taxes is a great fault,
and no kindness in the end to the taxpayer. For want of a timely
caution you probably have to end by selling him up.
'The Count of Sacred Largesses tells us that you were long ago
commissioned to get in the _Bina_ and _Terna_ [and have not done so].
Be quick about it, that the collection may be completed according to
the registers of the Treasury. If you are not quick, and the Treasury
suffers loss, you will have to make it good out of your private
property. You have not shown proper respect to our orders, nor a due
sense of the obligation of your own promise.'
[These 'Bina' and 'Terna' are a mystery; but Dahn[281] thinks they are
not a specially Gothic tax, but an inheritance from the fiscal
administration of Rome, having probably nothing to do with the
Tertiae.]
[Footnote 281: iii. 145, _n._ 4.]
9. KING THEODORIC TO THE POSSESSORES, DEFENSORES, AND CURIALES[282]
DWELLING AT AESTUNAE[283].
[Footnote 282: Note these three classes; as also in ii. 17.]
[Footnote 283: I have not been able to identify this place.]
[Sidenote: Marbles for Ravenna.]
'We wish to build new edifices without despoiling the old[284]. But we
are informed that in your municipality there are blocks of masonry and
columns formerly belonging to some building now lying absolutely
useless and unhonoured. If it be so, send these slabs of marble[285]
and columns[286] by all means to Ravenna, that they may be again made
beautiful and take their place in a building there.'
[Footnote 284: 'Moderna sine priorum imminutione desideramus
erigere.']
[Footnote 285: 'Platonias.' This, which is the spelling found in
Nivellius' edition, seems to be a more correct form than the
'platomas' of Garet. Ducange, who has a long article on the subject,
refers the word to the Greek [Greek: platunion].]
[Footnote 286: Possibly the columns in S. Apollinare Deutro may have
been some of those here mentioned.]
10. KING THEODORIC TO THE ILLUSTRIOUS FESTUS, PATRICIAN.
[Sidenote: The same subject.]
A similar order, for the transport of marbles from the Pincian Hill to
Ravenna, by Catabulenses[287]. 'We have ordered a "subvectus"
[assistance from the public postal-service?], that the labourers may
set to work at once.'
[Footnote 287: 'Catabulenses,' or 'Catabolenses'--freighters,
contractors, who effected the transport of heavy goods by means of
draught-horses and mules.]
11. KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS [A.D. 510].
[Sidenote: Argolicus appointed Praefect of the City.]
Announces to this young man his nomination to the Praefecture of the
City (for the 4th Indiction). Enlarges on the dignity of the office,
especially as involving the Presidency of the Senate, and calls upon
him by a righteous and sober life to show himself worthy of the
choice.
Argolicus is a great student [perhaps a literary friend of
Cassiodorus], and he is exhorted to keep himself in the right path by
musing on the great examples of antiquity.
[There is a sort of tone of apology for the appointment of Argolicus,
which is perhaps accounted for by the fact, which comes out in the
next letter, that his father was a comparatively poor man.
See a sharp rebuke of Argolicus for venal procrastination, iv. 29.]
12. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
[Sidenote: The same subject.]
Rehearses the usual sentiments about the dignity of the Senate and
Theodoric's care in the choice of officials.
'It is easier, if one may say so, for Nature herself to err, than that
a Sovereign should make a State unlike to himself.'
Recounts the ancestry of Argolicus. The older Senators will remember
his eloquent and purely-living grandfather, a man of perfectly
orthodox reputation, who filled the offices of Comes Sacrarum
Largitionum and Magister Officiorum. His father never stained the
dignity of 'Comes Privatarum' by cruelty, and was free from ill-gotten
gains in an age when avarice was not accounted a crime[288].
[Footnote 288: Tillemont understands this of the times of Odovacar,
vi. 438.]
'We may hope that the son will follow the example of such
distinguished ancestors.'
13. KING THEODORIC TO SUNHIVAD, SENATOR.
[Sidenote: Sunhivad, Governor of Samnium.]
[Notice again the Roman title and Gothic name.]
'You who have ruled your own life in a long career so well should make
a good governor of others. I therefore send you to Samnium as
Governor, in reply to the complaints which reach me from that
Province. Settle according to the law of justice the disputes which
have arisen there between the Romans and the Goths.'
14. KING THEODORIC TO THE VENERABLE BISHOP AURIGENES.
[Sidenote: Accusations against the servants of a Bishop.]
'You as a Bishop will be especially grieved to hear of any offences
against the sanctity of the married state. Julianus complains that his
wife has been outraged and his goods wasted by some of your servants
[probably slaves].
'Do you enquire into the matter, and if the complaint appears to be
just, deal promptly and severely with the offenders.'
[Cf. Dahn, 'Könige der Germanen' iii. 193, on this letter. He shows
that it has been improperly appealed to as proving the immunity of all
ecclesiastical persons from a secular tribunal. What Theodoric really
intended was to give the Bishop a chance of settling the affair
himself, and so to prevent the scandal of its appearing in the secular
Courts, which it assuredly would do if the Bishop were apathetic. But
one sees how easily this would glide into something like immunity from
secular tribunals.]
15. KING THEODORIC TO THEODAHAD, SENATOR[289].
[Footnote 289: This is no doubt the nephew of Theodoric.]
[Sidenote: A contumacious person handed over to Theodahad.]
'It is the extreme of insolence in anyone not to execute our "sacred
orders." A certain person whom we commanded to attend before the
judgment-seat of the Illustrious Sona, has with inveterate cunning
withdrawn himself therefrom. We therefore hand him over to you, that
your fame may grow by your skilful management of a difficult case like
this.'
16. KING THEODORIC TO GEMELLUS, SENATOR (509-510).
[Sidenote: Appointment of Gemellus as Governor of Gaul.]
'Having proved your worth by experience we are now going to send you
to govern the Provinces of Gaul newly wrested [from Clovis], as Vicar
of the Praefects[290].
[Footnote 290: 'Vicarius Praefectorum.' Vicar of what Praefects? Why
the plural number? Had Theodoric a titular Praefect _of the Gauls_, to
whom this Vicarius was theoretically subject while practically obeying
the Praefect of Italy? Or, to prevent bickerings, did he give the
'Praefectus Italiae' and the 'Praefectus Urbis' conjoint authority
over the new conquests? There is some mystery here which would be
worth explaining.]
'Think what a high opinion we must have formed of you to delegate to
you the government of these Provinces, the conquest of which has added
so much to our glory, and the good opinion of whose inhabitants we so
particularly wish to acquire. Abhor turbulence; do not think of
avarice; show yourself in all things such a Governor as "Romanus
Princeps" ought to send, and let the Province feel such an improvement
in her lot that she may "rejoice to have been conquered."'
[This is so like the words put by Sidonius into the mouth of Lyons,
after Majorian's conquest of her, that I believe it to be
intentionally imitated.]
17. KING THEODORIC TO ALL THE GAULISH PROVINCES (510).
[Sidenote: Proclamation to the new Gaulish subjects.]
'Obey the Roman customs. You are now by God's blessing restored to
your ancient freedom; put off the barbarian; clothe yourselves with
the morals of the toga; unlearn cruelty, that you may not be unworthy
to be our subjects. We are sending you Spectabilis Gemellus as
Vicarius Praefectorum, a man of tried worth, who we trust will be
guilty of no crime, because he knows he would thereby seriously
displease us. Obey his commands therefore. Do not dislike the reign of
Law because it is new to you, after the aimless seethings of Barbarism
(Gentilitas).
'You may now bring out your long-hidden treasures; the rich and the
noble will again have a chance of suitable promotion. You may now
enjoy what till now you have only heard of--the triumph of Public
Right, the most certain solace of human life, the help of the weak,
the curb of the strong. You may now understand that men are exalted
not by their bodily strength, but by reason.'
[Some of these reflections on the past misgovernment of _Gentilitas_
hit the Visigoths, Theodoric's friends, harder than the Franks. If the
Gaulish nobles of the south-eastern Provinces (and these were all that
Theodoric had conquered) had _long_ been obliged to hide the treasures
of their fathers, that surely was the fault rather of Euric and Alaric
II than of Clovis.
Cf. Dahn, 'Könige der Germanen' iii. 261-2, on all this
correspondence.]
18. KING THEODORIC TO GEMELLUS.
[Sidenote: Magnus to be restored to his possessions.]
[Probably during his government of Gaul].
'We wish that all who have elected to live under our Clemency should
be the better for it.
'The Spectabilis Magnus, spurning the conversation of our enemies
[Franks?], and remembering his own origin, has sought re-patriation in
the Roman Empire; but during his absence his property has suffered
loss. Let him therefore be restored to, and henceforward have
unquestioned possession of, all that he can prove to be his own in the
way of lands, urban or rural slaves.'
19. KING THEODORIC TO DANIEL [A 'COMMONITORIUM'].
[Sidenote: Monopoly of supply of marble sarcophagi.]
'We wish the servants of our palace to have proper reward for their
labours, though we might call on them to render them gratuitously.
Therefore, being much pleased with your skill in preparing and
ornamenting marbles, we concede to you the [sole] right of furnishing
the marble chests in which the citizens of Ravenna bury their dead.
'They thus keep them above ground--no small consolation to the
survivors, since the souls alone depart from this world's
conversation; but they do not altogether lose the bodies which once
were dear to them.
'Do not, however, impose upon their sadness; do not let a relative be
forced to the alternative of wasting his substance in funeral
expenses, or else throwing the body of his dear one into some well. Be
moderate in your charges.'
[Odovacar was buried [Greek: en lithinê larnaki] (Joann. Ant. fr.
214). The great stone coffins of Honorius and Valentinian will be
remembered by every visitor to Ravenna.]
20. KING THEODORIC TO THE SAJO GRIMODA AND TO THE APPARITOR
FERROCINCTUS.
[Sidenote: Oppression of Castorius by Faustus.]
[Cf. Dahn, 'Könige der Germanen' iii. 86 and 113.]
'We are determined to assist the humble, and to repress the violence
of the proud.
'The lamentable petition of Castorius sets forth that he has been
unjustly deprived of his property by the magnificent Praetorian
Praefect Faustus. [The same, no doubt, to whom are addressed iii. 55,
i. 35, and the immediately succeeding letter (iii. 21).]
'If it be so, let the invader (pervasor) restore to Castorius his
property, and hand over, besides, another property of equal value.
'If Faustus have employed any intermediate person in the act of
violence, let him be brought to us in chains; and if that well-known
author of ill [Faustus] tries any further to injure Castorius, he
shall pay £2,000, besides having the misery of seeing his would-be
victim unharmed.
'No Powers of any kind, be they Praetorian Praefects or what they may,
shall be permitted to trample on the lowly.'
21. KING THEODORIC TO FAUSTUS, VIR ILLUSTRIS.
[Sidenote: Disgrace and temporary exile of Faustus.]
'As all men require change, Faustus is allowed to absent himself from
the sacred walls of Rome for four months, which he may spend at his
own Penates. The King expects, however, that he will then return to
the most famous (opinatissima) City, from which no Roman Senator can
long be absent without grief.'
[Coupling this letter with its immediate predecessor it is difficult
not to believe that Faustus is sent away in disgrace--notwithstanding
the smooth words here used--for the act of injustice therein
mentioned.
But why is he only addressed as Vir Illustris, and not also as
Praefectus? Perhaps his term of office was expired; perhaps he was
even dismissed from it.]
22. KING THEODORIC TO ARTEMIDORUS, VIR ILLUSTRIS.
[Sidenote: An earnest invitation to the King's friend, Artemidorus.]
'We hereby [by these oracles] invite your Greatness to behold us,
which we know will be most agreeable to you, in order that you who
have now spent a large portion of your life with us may be satisfied
by the sweetness of our presence. He who is permitted to share our
converse deems it a Divine boon. We believe that you will come gladly,
as we shall entertain you with alacrity.'
[Cf. Dahn iii. 283-4. The ending of the letter (Venire te gaudentem
credimus, quem alacriter sustinemus) is the common form, and
'sustineo' is a technical word for the King's reception of his
subjects: see iii. 28, ad finem.]
23. KING THEODORIC TO COLOSSAEUS, VIR ILLUSTRIS AND COMES (CIR. A.D.
505).
[Sidenote: Appointment of Colossaeus as Governor of Pannonia.]
'We delight to entrust our mandates to persons of approved character.
'We are sending you "with the dignity of the illustrious belt" to
Pannonia Sirmiensis, an old habitation of the Goths. Let that Province
be induced to welcome her old defenders, even as she used gladly to
obey our ancestors. Show forth the justice of the Goths, a nation
happily situated for praise, since it is theirs to unite the
forethought of the Romans and the virtue of the Barbarians. Remove all
ill-planted customs[291], and impress upon all your subordinates that
we would rather that our Treasury lost a suit than that it gained one
wrongfully, rather that we lost money than the taxpayer was driven to
suicide.'
[Footnote 291: 'Consuetudines abominanter inolitas.' Fornerius thinks
this means 'all extortionate taxes.' Compare the English use of the
word 'customs.']
[Cf. Muchar, 'Geschichte der Steiermark' iv. 131.]
24. KING THEODORIC TO ALL THE BARBARIANS AND ROMANS SETTLED IN
PANNONIA.
[Cf. Muchar, iv. 132.]
[Sidenote: To the Pannonians, on the appointment of Colossaeus.]
'Intent on the welfare of our subjects we are sending you Colossaeus
for Governor. His name means a mighty man; and a mighty man he is, who
has given many proofs of his virtue. Now we exhort you with patience
and constancy to submit yourselves to his authority. Do not excite
that wrath before which our enemies tremble. Acquiesce in the rule of
justice in which the whole world rejoices. Why should you, who have
now an upright Judge[292], settle your grievances by single combat?
What has man got a tongue for, if the armed hand is to settle all
differences? or where can peace be looked for, if there is fighting in
a civilised State like ours[293]? Imitate then our Goths, who have
learned to practise war abroad, to show peaceable dispositions at
home. We want you so to live as you see that our subjects (parentes)
have lived and flourished under the Divine blessing.'
[Footnote 292: 'Cur ad monomachiam recurritis, qui venalem judicem non
habetis?']
[Footnote 293: 'Aut unde pax quaeritur si sub civilitate pugnetur.']
25. KING THEODORIC TO SIMEON, VIR ILLUSTRIS AND COMES.
[Sidenote: Tax-collecting and iron-mining in Dalmatia.]
'We entrust to you the duty of collecting throughout the Province of
Dalmatia the arrears of Siliquaticum for the first, second, and third
Indictions [Sept. 1, 506, to Aug. 31, 509]. We do this not only for
the sake of gain to our Treasury, but to prevent the demoralisation of
our subjects.
'Also by careful mining (cuniculo veritatis) seek out the iron veins
in Dalmatia, where the softness of earth is pregnant with the rigour
of iron, which is cooked by fire that it may become hard.
'Iron enables us to defend our country, is serviceable for agriculture
and for countless arts of human life: yea, iron is master of gold,
compelling the rich man, weaponless, to obey the poor man who wields a
blade of steel.'
26. KING THEODORIC TO OSUN, VIR ILLUSTRIS AND COUNT.
[Sidenote: Simeon's journey to Dalmatia.]
Commands him to provide all the necessaries for the journey of
'Clarissimus' Simeon, setting off for Dalmatia on the aforesaid
mission to collect Siliquaticum and develop the iron mines.
[Why is Simeon not called Illustris, as in the previous letter? This
seems to show that the titles 'Clarissimus' and 'Illustris' were not
always used with technical exactness, as they would have been under
Diocletian.]
27. KING THEODORIC TO JOANNES, SENATOR, CONSULAR OF CAMPANIA.
[Sidenote: Promises protection against the Praetorian Praefect.]
'You have not complained to us in vain that the Praetorian Praefect
[perhaps again Faustus] is venting a private grudge against you under
colour of the discharge of his public duty. We will wall you round
with our protection. Go now and discharge the duties of Consular of
Campania with the like devotion as your predecessors, and with this
reflection: "If the King prevents my superior the Praetorian Praefect
from doing me harm, with what unfailing rigour will he visit me if I
do wrong."'
28. KING THEODORIC TO CASSIODORUS, VIR ILLUSTRIS AND PATRICIAN[294].
[Footnote 294: Father of the writer.]
[Sidenote: An invitation to Cassiodorus Senior to come to Court.]
'For your glorious services, and your incorruptible administration,
which has given deep peace to the nation, we reward you by summoning
you to Court.
'Having endeavoured to check _another_ [probably alluding to the
disgrace of Faustus], we have bestowed our praises on you, as all the
Palace knows. Come then, come eagerly, as he should do whom his
Sovereign is going to entertain[295].'
[Footnote 295: There is an obscure sentence in this letter: 'Hinc
omnibus factus notior, quia multi te positum in potestate nesciunt.'
Possibly the meaning is that the elder Cassiodorus used his power so
little for his own private aggrandisement, that many people did not
even know that he possessed it.]
29. KING THEODORIC TO ARGOLICUS, ILLUSTRIS AND PRAEFECT OF THE CITY.
[Sidenote: Permission to Paulinus to repair certain granaries at
Rome.]
'The King should sow his gifts broadcast, as the sower his seeds--not
put them all into one hole.
'The Patrician Paulinus represents to us that such and such granaries
are falling into ruin and are of no use to anyone, and asks to be
allowed to repair them and transmit them to his heirs. We consent to
this, if you are of opinion that they are not wanted for the public,
and if there is no corn in them belonging to our Treasury.
'It is especially fitting that all ruined buildings should be repaired
in Rome. In Rome, praised beyond all other cities by the world's
mouth, there should be nothing sordid or mediocre[296].'
[Footnote 296: This letter is well illustrated by an inscription of
the time of Severus Alexander, found at Great Chesters in
Northumberland, and recording the repair of 'horreum vetustate
conlabsum.' The words of Cassiodorus are 'horrea longi temporis
vetustate destructa.']
30. KING THEODORIC TO ARGOLICUS, ILLUSTRIS AND PRAEFECTUS URBIS.
[Sidenote: Repair of the Cloacae of Rome.]
'We are ever vigilant for the repair and beautification of Rome.
'Let your Sublimity know that we have directed John to repair the
Cloacae of the City, those splendid works which strike astonishment
into the hearts of all beholders. There you see rivers as it were shut
in by concave mountains, flowing down through mighty rafters[297] (?).
There you see men steering their ships with the utmost possible care,
lest they should suffer shipwreck. Hence may the greatness of Rome be
inferred. What other city can compare with her in her heights when
even her depths are so incomparable?
[Footnote 297: 'Per ingentia ligna decurrere.' Fornerius proposes to
read 'stagna.']
'See therefore, O Praefect, that John as a public officer receives his
proper salary.'
31. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
[Sidenote: Commission issued to John to check ruin of aqueducts and
temples in Rome.]
'Our care is for the whole Republic, "in which, by the favour of God,
we are striving to bring back all things to their former state;" but
especially for the City of Rome. We hear that great depredations are
being committed on public property there.
'(1) It is said that the water of the aqueducts (formae) is being
diverted to turn mills and water gardens--a thing which would not be
suffered even in the country districts. Even in redressing this wrong
we must be observant of law; and therefore if it should be found that
those who are doing this can plead thirty years' prescription, they
must be bought off, but the misuser must cease. If the diversion is of
less ancient date[298], it must of course be at once stopped without
compensation.
[Footnote 298: 'Si vero aliquid modernâ praesumptione tentatum est.'
(Again 'modernus.')]
'(2) Slaves assigned by the forethought of previous rulers to the
service of the formae have passed under the sway of private masters.
'(3) Great weights of brass and lead (the latter very easy to steal,
from its softness) have been stripped off from the public buildings.
Now Ionos, King of Thessaly, is said to have first discovered lead,
and Midas, King of Phrygia, brass. How grievous that we should be
handed down to posterity as neglecting two metals which they were
immortalised by discovering!
'(4) Temples and other public buildings, which at the request of many
we have repaired, are handed over without a thought to spoliation and
ruin.
'We have appointed the Spectabilis John to enquire into and set
straight all these matters. _You_ ought to have brought the matter
before us yourselves: at least, now, support him with the necessary
"solatia."'
[See preceding letter as to the commission entrusted to John,
Theodoric's Clerk of the Works in Rome.]
32. KING THEODORIC TO GEMELLUS, SENATOR. A.D. 511.
[Appointed Governor of the Gaulish Province in Letter iii. 16.]
[Sidenote: Remission of taxes to citizens of Arles.]
'The men of Arles, who were reduced to penury in the glorious siege
which they endured on our behalf, are freed from the obligation of
taxes for the fourth Indiction [Sept. 1, 510, to Aug. 31, 511]. We ask
for these payments from men at peace, not from men besieged. How can
one claim taxes from the lord of a field when one knows he has not
been able to cultivate it? They have already rendered a most precious
tribute in their fidelity to us. After this year, however, the taxes
will be collected as usual.'
33. KING THEODORIC TO ARGOLICUS, ILLUSTRIS, PRAEFECT OF THE CITY.
[Sidenote: Promotion of Armentarius and Superbus to post of Referendi
Curiae.]
Armentarius (Clarissimus) and his son Superbus are to receive the
privilege of _Referendi Curiae_[299]. Thus will the profession of the
law be, as is most fitting, adorned with the honours of the Senate.
[Footnote 299: Possibly Referendi is the same as Referendarii. See
Var. vi. 17.]
Praises of Rhetoric. The man who has swayed the judges by his
eloquence is sure to have a favouring audience in the Senate.
34. KING THEODORIC TO THE INHABITANTS OF MASSILIA.
[Sidenote: Count Marabad Governor of Marseilles.]
'In accordance with our usual policy of sending persons of tried
ability and moderation to govern the Provinces, we are sending Count
Marabad [a Gothic name?] to act as your Governor, to bring solace to
the lowly and repress the insolent, and to force all into the path of
justice, which is the secret of the prosperity of our Empire. As
befits your long-tried loyalty, welcome and obey him.'
35. KING THEODORIC TO ROMULUS.
[It is surely possible that this is the dethroned Emperor. The name
Romulus, which, as we know, he derived from his maternal grandfather,
was not a very common one in Rome (it must be admitted there is
another Romulus, ii. 14). And is there not something rather peculiar
in the entire absence of all titles of honour, the superscription
being simply 'Romulo Theodoricus Rex,' as if neither King nor scribe
quite knew how to address an ex-Emperor?]
[Sidenote: Gifts to Romulus shall not be revoked.]
'The liberality of the Prince must be kept firm and unshaken by the
arts of malignant men. Therefore any gift which shall be proved to
have been given according to our orders by the Patrician Liberius, to
you _or to your mother_, by written instrument (pictacium or
pittacium), shall remain in full force, and you need not fear its
being questioned.'
[For Liberius, see ii. 16. A man of that eminence, who was employed to
arrange disputes between the Goths and Romans at the first settlement
of the former in Italy, was the very man to be also employed to
arrange terms with Augustulus. There is some reason to think that the
mother of the deposed Emperor was named Barbaria, and that she is
mentioned in the history of the translation of the relics of St.
Severinus. See 'Italy and her Invaders' iii. 190.]
36. KING THEODORIC TO THE ILLUSTRIOUS COUNT ARIGERN.
[Sidenote: Complaints against Venantius.]
'Firminus alleges that he has some cause of complaint against the
Magnificent Venantius [son of Liberius, mentioned in the previous
letter, and strongly commended in ii. 15], and that Venantius treats
his claims with contempt. There is always a danger of justice being
wrested in the interests of the great. We therefore desire you with
all due reverence to address the aforesaid Magnificent person and
desire him to appoint a representative, with proper credentials, to
plead in our Court in answer to the claims of Firminus, who will be
punished for his audacity if he have brought a false charge against so
illustrious a person.'
[This and the preceding letter look as if the fortunes of the house of
Liberius (so greatly extolled in ii. 15 and 16) were passing under a
cloud. See also iii. 8, as to the disgrace of Venantius. This may have
made the ex-Emperor anxious as to the validity of the settlement made
through him.]
37. KING THEODORIC TO BISHOP PETER.
[Sidenote: Alleged injustice of a Bishop.]
[See the full explanation of this letter in Dahn, 'Könige der
Germanen' iii. 193-4. Cf. also Var. iii. 14. Observe how the marginal
note (in the edition of the Benedictine, Garet) strains the doctrine
of this letter in favour of the clergy[300].]
[Footnote 300: 'Causae sacerdotum a sacerdotibus debent terminari.']
'Germanus, in his "flebilis allegatio," informs us that you detain
from him a part of the property of his father Thomas. As it is proper
that causes which concern you should first be remitted to you (so
often employed as judges to settle the disputes of others), we call
upon you to enquire into this claim, and if it be a just one to
satisfy it. Know that if you fail to do justice yourself to the
petitioner, his cause will be carried through to our own
audience-chamber.'
38. KING THEODORIC TO WANDIL [VUANDIL[301]].
[Footnote 301: Probably a Gothic officer.]
[Sidenote: The Gothic troops at Avignon to abstain from molesting the
citizens.]
'Our Piety wishes that there should be order and good government
everywhere in our dominions, but especially in Gaul, that our new
subjects there may form a good opinion of the ruler under whom they
have come. Therefore by this authority we charge you to see that no
violence happen in Avignon where you reside. Let our army live
"civiliter" with the Romans, and let the latter feel that our troops
are come for their defence, not for their annoyance.'
39. KING THEODORIC TO FELIX, ILLUSTRIS AND CONSUL (A.D. 511).
[Sidenote: Largesse to charioteers of Milan.]
'Those who minister to the pleasures of the public should be liberally
treated, and the Consul must not belie the expectations of his
generosity which have been formed when he was Senator. Therefore let
your Sublimity enquire into the petition for largesse presented by the
charioteers of Milan; and if their statements are correct, let them
have whatever it has been customary for them to receive. In matters
of this kind custom creates a kind of debt.'
40. KING THEODORIC TO ALL THE PROVINCIALS SETTLED IN GAUL.
[Sidenote: Immunity from taxes for districts ravaged by war.]
'We wish promptly to relieve all the distresses of our subjects, and
we therefore at once announce to you that the districts ravaged by the
incursions of the enemy will not be called upon to pay tribute at the
fourth Indiction [Sept. 510, to Aug. 511]. For we have no pleasure in
receiving what is paid by a heavy-hearted contributor. The part of the
country, however, which has been untouched by the enemy will have to
contribute to the expense of our army. But a hungry defender is a weak
defender.'
41. KING THEODORIC TO GEMELLUS, SENATOR [Governor of Gothic
Gaul[302]].
[Footnote 302: See Letters iii. 16 and 32.]
[Sidenote: Corn for the garrisons on the Durance.]
'A burden borne in common is lightened, since only the edge as it were
of the whole rests on the shoulders of each individual. We have
ordered the corn for the army to be carried from the granaries of
Marseilles to the forts upon the Durance. Let all unite in this toil.
The willing labour of many brings a speedy end to the work.'
[This letter, as showing that at least one if not both banks of the
Durance were included in the Ostrogothic Monarchy in 511, has an
important bearing on the geographical extent of the Burgundian
Kingdom. See Exkurs vi. to Binding's 'Burgundisch-Romanische
Königreich.' He makes the northern bank of the Durance belong to
Burgundy, the southern to the Ostrogoths.]
42. KING THEODORIC TO ALL THE PROVINCIALS IN GAUL.
[Sidenote: No part of Gaul to be called on for military
contributions.]
'Because the generosity of the Prince should even outrun the petitions
of his subjects we repeal that part of a previous letter [iii. 40]
which says that the unravaged portion of the Province of Gaul must pay
the expenses of our soldiers. We will transmit to the Duces and
Praepositi sufficient money to provide "alimonia nostris Gothis."'
['Praebendae,' near the end of this letter, seems to be used in a
technical sense, almost equivalent to stipendia or annonae.]
43. KING THEODORIC TO UNIGIS, THE SWORD-BEARER [SPATARIUS].
[No doubt a high officer in the Royal household.]
[Sidenote: Runaway slaves to be restored to their owners.]
'We delight to live after the law of the Romans, whom we seek to
defend with our arms; and we are as much interested in the maintenance
of morality as we can possibly be in war. For what profit is there in
having removed the turmoil of the Barbarians, unless we live according
to law? Certain slaves, on our army's entry into Gaul, have run away
from their old masters and betaken themselves to new ones. Let them be
restored to their rightful owners. Rights must not be confounded under
the rule of justice, nor ought the defender of liberty to favour
recreant slaves. [Probably an allusion to the office of the _Assertor
Libertatis_ in the _Liberalis Causa_, as set forth in the Theodosian
Code iv. 8.] Let other kings desire the glory of battles won, of
cities taken, of ruins made; our purpose is, God helping us, so to
rule that our subjects shall grieve that they did not earlier acquire
the blessing of our dominion.'
44. KING THEODORIC TO ALL THE LANDOWNERS [POSSESSORES] OF ARLES.
[Sidenote: Repair of walls of Arles, and supply of corn.]
'We wish to refresh men, but to repair cities also, that the renewed
fortune of the citizens may be displayed by the splendour of their
buildings.
'We have therefore directed that a certain sum of money be sent for
the repair of the walls and old towers of Arles. But we are also going
to send you, as soon as the time is favourable for navigation,
provisions to supply the waste caused by the war. Be of good cheer,
therefore! Grain for which our word is pledged is as good as grain
already in your granaries.'
45. KING THEODORIC TO ARIGERN, ILLUSTRIS AND COUNT.
[Sidenote: Site disputed between Roman Church and Samaritans.]
'It is represented to us by the Defensors of the "sacrosanct" Roman
Church that Pope Simplicius, of blessed memory, bought a house at
Rome[303] of Eufrasius the Acolyte, with all proper formalities, and
that now the people of the Samaritan superstition, hardened in
effrontery, allege that a synagogue of theirs was built on that site,
and claim it accordingly; whereas the very style of building, say
their opponents, shows that this was meant as a private house and not
as a synagogue. Enquire into this matter, and do justice accordingly.
If we will not tolerate chicanery [calumniae] against men, much less
will we against the Divinity Himself.'
[Footnote 303: 'In sacratissimâ urbe.']
46. KING THEODORIC TO ADEODATUS.
[Sidenote: Further charges of misgovernment against Venantius.]
'The crimes of subjects are an occasion for manifesting the virtues of
princes. You have addressed to us your petition, alleging that you
were compelled by the Spectabilis Venantius, Governor of Lucania and
Bruttii, to confess yourself guilty of the rape of the maiden
Valeriana.
[Sidenote: Illogical decision in the case of Adeodatus.]
'Overcome, you say, by the severity of your imprisonment and the
tortures inflicted upon you, and longing for death as a release from
agony; being moreover refused the assistance of Advocates, while the
utmost resources of rhetoric were at the disposal of your opponents,
you confessed a crime which you had never committed.
'Such is your statement. The Governor of Bruttii sends his _relatio_
in opposition, saying that we must not give credence to a petitioner
who is deceitfully seeking to upset a sentence which was given in the
interests of public morality.
'Our decision is that we will by our clemency mitigate the severity of
your punishment. From the date of this decree you shall be banished
for six months; and on your return no note of infamy of any kind shall
be attached to you; since it is competent for the Prince to wipe off
all the blots on a damaged reputation. Anyone who offends against this
decree [by casting your old offence in your teeth] shall be fined £120
(3 lbs. of gold). And all who are accused of the same offence in any
place or time, but who offended through ignorance, are to be freed
from all fear of punishment.'
[A most illogical and unjust conclusion, by which the judgment of
Venantius is in fact neither upheld nor reversed. And what the meaning
of the concluding sentence may be it is impossible to conjecture. See
Dahn, 'Könige der Germanen' iii. 107, on this absurd decision.
On the subject of the misgovernment and disgrace of Venantius, cf.
Letters ii. 15, 16; iii. 8, 36. Cf. also Procopius, 'De Bello
Gotthico' iii. 18 and 22, as to his son Tullianus. In connection with
the alleged misgovernment of Bruttii and Lucania by Venantius,
remember the close connection of Cassiodorus himself with those
Provinces.]
47. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.
[Sidenote: Jovinus, for killing a fellow Curial, is banished to the
islands of Lipari, the volcanoes of which are described.]
'Jovinus the Curialis, according to the report of the Corrector of
Lucania and Bruttii, had an angry altercation with a fellow Curial
(collega), and in his rage slew him.
'He then took refuge within the precincts of a church, and refused to
surrender himself to justice. We decide that the capital punishment
shall be remitted out of reverence for his place of refuge, but he
shall be banished to the Vulcanian [Lipari] Islands, there to live
away from the paternal hearth, but ever in the midst of burning, like
a salamander, which is a small and subtile beast, of kin to the
slippery worm, clothed with a yellow colour.
'The substance of volcanoes, which is perpetually destroyed, is by the
inextricable power of Nature perpetually renewed.
'The Vulcanian Islands are named from Vulcan, the god of fire, and
burst into eruption on the day when Hannibal took poison at the Court
of Prusias. It is especially wonderful that a mountain kindling into
such a multitude of flames, should yet be half hidden by the waves of
the sea.'
48. KING THEODORIC TO ALL GOTHS AND ROMANS LIVING NEAR THE FORT OF
VERRUCA[304].
[Footnote 304: The double 'r' seems to be the correct spelling, though
the MSS. of the Variarum apparently have the single 'r.']
[Sidenote: Fortification of Verruca in the Tyrol.]
'It is the duty and the glory of a ruler to provide with wise
forethought for the safety of his subjects. We have therefore ordered
the Sajo Leodifrid that under his superintendence you should build
yourselves houses in the fort Verruca, which from its position
receives its most suitable name[305].
[Footnote 305: 'Milites ad Verrucam illum--_sic enim M. Cato locum
editum asperumque appellat_--ire jubeas' (Gell. 3. 7. 6). Verruca
therefore means primarily a steep cliff, and only secondarily a wart.
See White and Biddell, s.v.]
'For it is in the midst of the plains a hill of stone roundly arising,
which with its tall sides, being bare of woods, is all one great
mountain fortress. Its lower parts are slenderer (graciliora) than its
summit, and like some softest fungus the top broadens out, while it is
thin at bottom. It is a mound not made by soldiers[306], a stronghold
made safe by Nature[307], where the besieged can try no _coup-de-main_
and the besieged need feel no panic. Past this fort swirls the Adige,
that prince of rivers, with the pleasant gurgle of his clear waters,
affording a defence and an adornment in one. It is a fort almost
unequalled in the whole world, "a key that unlocks a kingdom[308];"
and all the more important because it bars the invasion of wild and
savage nations. This admirable defence what inhabitant would not wish
to share, since even foreigners delight to visit it? and though by
God's blessing we trust that the Province [of Raetia] is in our times
secure, yet it is the part of prudence to guard against evils, though
we may think they will not arise.'
[Footnote 306: 'Agger sine pugna.']
[Footnote 307: 'Obsessio secura.']
[Footnote 308: 'Tenens claustra provinciae.']
Examples of gulls, who fly inland when they foresee a storm; of
dolphins, which seek the shallower waters; of the edible sea-urchin,
'that honey of flesh, that dainty of the deep,' who anchors himself to
a little pebble to prevent being dashed about by the waves; of birds,
who change their dwellings when winter draws nigh; of beasts, who
adapt their lair to the time of year. And shall man alone be
improvident? Shall he not imitate that higher Providence by which the
world is governed?
[The fortress of Verruca does not seem to be mentioned in the
'Notitia,' in the Antonine 'Itinerary,' or by the geographer of
Ravenna.
Maffei ('Verona Illustrata,' Book ix. Vol. 2, pp. 391-2 in ed. 1825)
comments on this passage, and argues that _Verruca = Dos Trento_, a
cliff about a mile from Trient, and this identification seems to have
been accepted, for Ball ('Alpine Guide, Eastern Alps,' p. 404) says:
'In the centre of the valley, close to the city, rises a remarkable
rock known as _Dos Trento, and also called La Verruca_, formerly
frequented for the sake of the beautiful view which it commands. Since
1857 it has been strongly fortified, and permission to ascend to the
summit is not easily obtained.'
Maffei says that the French bombarded Trient from this rock in 1703.
He speaks of another 'Verruca, or Rocca,' on the other side of
Aquileia, and thinks that the modern word 'rocca' (rock) may perhaps
have been derived herefrom (?).
It is remarkable that there is a place called _Verrua_ near the Po in
Piedmont (about 20 miles east of Turin). 'Situated upon an abrupt and
insulated hill, in a most defensible position, it opposed an obstinate
resistance to the Emperor Frederick II. In more recent times (1704),
the Duc de Vendôme attacked it without success' (Murray's 'Guide to
Northern Italy,' p. 51). No doubt this was also originally called
_Verruca_.]
49. KING THEODORIC TO THE HONOURED POSSESSORES, DEFENSORES, AND
CURIALES OF THE CITY OF CATANA.
[Sidenote: Repair of amphitheatre of Catana.]
'It is a great delight to the Ruler when his subjects of their own
accord suggest that which is for the good of the State. You have
called our attention to the ruinous state of your walls, and ask leave
to use for its repair the stones of the amphitheatre, which have
fallen down from age and are now of no ornament to your town, in fact
only show disgraceful ruins. You have not only our permission to do
this, but our hearty approval. Let the stones, which can be of no use
while they lie there, rise again into the fabric of the walls; and
your improved defence will be our boast and confidence.'
[Some remains of the amphitheatre are still visible at Catania; not,
however, so important as those of the theatre.]
50. KING THEODORIC TO THE PROVINCIALS OF NORICUM.
[Sidenote: The Alamanni and Noricans to exchange their cattle.]
'It is an admirable arrangement when a favour can be conferred by
which giver and receiver are alike benefited.
'We therefore decree that you should exchange your oxen for those of
the Alamanni.
'Theirs is the finer and larger breed of cattle, but they are worn out
by the long journey. Thus will they get fresh beasts capable of doing
the work which is required of them, and you will permanently improve
your breed of cattle, and so be able to till your fields better. Thus,
what does not often happen, the same transaction will equally benefit
both parties to it.'
[Cf. ii. 41 as to these Alamannic exiles. Possibly this letter as well
as that refers to their expulsion by Clovis (cir. 504); but it seems
more probable, as von Schubert suggests (pp. 52-54), that we have here
to do with a removal of some of the Alamannic subjects of Theodoric
from Raetia to Noricum, in order to guard the north-east frontier of
the kingdom.]
51. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.
[Sidenote: Stipend of Thomas the Charioteer. Description of the
Circus.]
'Constancy in actors is not a very common virtue, therefore with all
the more pleasure do we record the faithful allegiance of Thomas the
Charioteer, who came long ago from the East hither, and who, having
become champion charioteer, has chosen to attach himself to "the seat
of our Empire[309];" and we therefore decide that he shall be rewarded
by a monthly allowance. He embraced what was then the losing side in
the chariot races and carried it to victory--victory which he won so
often that envious rivals declared that he conquered by means of
witchcraft.
[Footnote 309: 'Nostri sedes delegit fovere _Imperii_.']
'The sight of a chariot-race (spectaculum) drives out morality and
invites the most trifling contentions; it is the emptier of honourable
conduct, the ever-flowing spring of squabbles: a thing which Antiquity
commenced as a matter of religion, but which a quarrelsome posterity
has turned into a sport.
'For Aenomaus is said first to have exhibited this sport at Elis, a
city of Asia (?), and afterwards Romulus, at the time of the rape of
the Sabines, displayed it in rural fashion to Italy, no buildings for
the purpose being yet founded. Long after, Augustus, the lord of the
world, raising his works to the same high level as his power, built a
fabric marvellous even to Romans, which stretched far into the Vallis
Murcia. This immense mass, firmly girt round with hills, enclosed a
space which was fitted to be the theatre of great events.
'Twelve _Ostia_ at the entrance represent the twelve signs of the
Zodiac. These are suddenly and equally opened by ropes let down by the
_Hermulae_ (little pilasters)[310]. The four colours worn by the four
parties of charioteers denote the seasons: green for verdant spring,
blue for cloudy winter, red for flaming summer, white for frosty
autumn. Thus, throughout the spectacle we see a determination to
represent the works of Nature. The _Biga_ is made in imitation of the
moon, the _Quadriga_ of the sun. The circus horses (_Equi
desultorii_), by means of which the servants of the Circus announce
the heats (_Missos_) that are to be run, imitate the herald-swiftness
of the morning star. Thus it came to pass that while they deemed they
were worshipping the stars, they profaned their religion by parodying
it in their games.
[Footnote 310: The Ostia are denoted by A and the Hermulae by H in
the accompanying plan. (See page 230.)]
'A white line is drawn not far from the ostia to each _Podium_
(balcony), that the contest may begin when the quadrigae pass it, lest
they should interrupt the view of the spectators by their attempts to
get each before the other[311]. There are always seven circuits round
the goals (_Metae_) to one heat, in analogy with the days of the week.
The goals themselves have, like the decani[312] of the Zodiac, each
three pinnacles, round which the swift quadrigae circle like the sun.
The wheels indicate the boundaries of East and West. The channel
(_Euripus_) which surrounds the Circus presents us with an image of
the glassy sea, whence come the dolphins which swim hither through the
waters[313] (?). The lofty obelisks lift their height towards heaven;
but the upper one is dedicated to the sun, the lower one to the moon:
and upon them the sacred rites of the ancients are indicated with
Chaldee signs for letters[314].
[Footnote 311: 'Ut quadrigis progredientibus, inde certamen oriretur:
ne dum semper propere conantur elidere, spectandi voluptatem
viderentur populis abrogare.' In fact, to compel the charioteers to
start fair.]
[Footnote 312: Each sign of the Zodiac was considered to have three
decani, occurring at intervals of ten days.]
[Footnote 313: 'Unde illuc delphini aequorei aquas interfluunt.' The
sentence is very obscure, but the allusion must be to the dolphins,
the figures of which were placed upon the spina.]
[Footnote 314: 'Obeliscorum quoque prolixitates ad coeli altitudinem
sublevantur: sed potior soli, inferior lunae dicatus est: ubi sacra
priscorum Chaldaicis signis, quasi litteris indicantur.']
'The _Spina_ (central wall, or backbone) represents the lot of the
unhappy captives, inasmuch as the generals of the Romans, marching
over the backs of their enemies, reaped that joy which was the reward
of their labours. The _Mappa_ (napkin), which is still seen to give
the signal at the games, came into fashion on this wise. Once when
Nero was loitering over his dinner, and the populace, as usual, was
impatient for the spectacle to begin, he ordered the napkin which he
had used for wiping his fingers to be thrown out of window, as a
signal that he gave the required permission. Hence it became a custom
that the display of a napkin gave a certain promise of future
_circenses_.
'The _Circus_ is so called from "circuitus:" _circenses_ is, as it
were, _circu-enses_, because in the rude ages of antiquity, before an
elaborate building had been prepared for the purpose, the races were
exhibited on the green grass, and the multitude were protected by the
river on one side and the swords (_enses_) of the soldiers on the
other[315].
[Footnote 315: I can extract no other meaning than the above from this
extraordinary sentence: 'Circenses, quasi circu-enses: propterea quod
apud antiquitatem rudem, quae necdum spectacula in ornatum deduxerat
fabricarum, inter _enses_ et flumina locis virentibus agerentur.']
'We observe, too, that the rule of this contest is that it be decided
in twenty-four heats[316], an equal number to that of the hours of day
and night. Nor let it be accounted meaningless that the number of
circuits round the goals is expressed by the putting up of
_eggs_[317], since that emblem, pregnant as it is with many
superstitions[318], indicates that something is about to be born from
thence. And in truth we may well understand that the most fickle and
inconstant characters, well typified by the birds who have laid those
eggs, will spring from attendance on these spectacles[319]. It were
long to describe in detail all the other points of the Roman Circus,
since each appears to arise from some special cause. This only will we
remark upon as pre-eminently strange, that in these beyond all other
spectacles men's minds are hurried into excitement without any regard
to a fitting sobriety of character. The Green charioteer flashes by:
part of the people is in despair. The Blue gets a lead: a larger part
of the City is in misery. They cheer frantically when they have gained
nothing; they are cut to the heart when they have received no loss;
and they plunge with as much eagerness into these empty contests as if
the whole welfare of the imperilled fatherland were at stake.
[Footnote 316: _Missibus._ In a previous sentence Cassiodorus makes
the acc. plural _missos_.]
[Footnote 317: The number of times that the charioteers had rounded
the goal was indicated by large wooden _eggs_, which were posted up in
a conspicuous place on the spina. It seems that in a corresponding
place near the other end of the spina figures of _dolphins_ were used
for the same purpose. Upon the Cilurnum gem (figured on page 231) we
can perceive four eggs near one end of the spina, and four creatures
which may be dolphins near the other, indicating that four circuits
out of the seven which constitute a missus have been accomplished by
the quadrigae.]
[Footnote 318: Alluding probably to the story of Castor and Pollux.]
[Footnote 319: 'Et ideo datur intelligi, volitantes atque
inconstantissimos inde mores nasci, quos avium matribus aptaverunt.'
_Ovium_ would seem to give a better sense than _avium_.]
'No wonder that such a departure from all sensible dispositions should
be attributed to a superstitious origin. We are compelled to support
this institution by the necessity of humouring the majority of the
people, who are passionately fond of it; for it is always the few who
are led by reason, while the many crave excitement and oblivion of
their cares. Therefore, as we too must sometimes share the folly of
our people, we will freely provide for the expenses of the Circus,
however little our judgment approves of this institution.'
[Notwithstanding some absurdities, the above description of the Circus
Maximus (which I have attempted to translate in full) is of great
value, being, after that given by Dionysius of Halicarnassus, our
chief authority on the subject. The accompanying plan (taken, with
some slight variations, from Smith's 'Dictionary of Antiquities'),
will, I trust, render it intelligible.
[Illustration: Plan of Ancient Circus.]
It is well illustrated by the recently excavated 'Stadium of
Augustus,' on the Palatine; but perhaps even better by a beautifully
executed gem lately found at Chesters in Northumberland, on the site
of the Roman station at Cilurnum. By the kindness of the owner, Mr.
Clayton, I am able to give an enlarged copy of this gem, which is
described in the 'Archaeologia Aeliana,' vol. x. pp. 133-137.
[Illustration: The Circus Maximus, a magnified engraving of an
intaglio on a carnelian signet-ring found at Cilurnum (Chesters in
Northumberland) in 1882.]
The reader will easily discern the _Spina_ with one obelisk (not two,
as described by Cassiodorus) in the centre, the high tables supported
by pillars on which the Ova and Delphini are placed, the three
spindle-shaped columns which formed the _Meta_ at each end, and the
four quadrigae (four was the regular number for each missus) careering
in front.]
52. KING THEODORIC TO THE ILLUSTRIOUS CONSULARIS.
[Sidenote: On Roman land surveying.]
'We are sorry to hear that a dispute (which is on the point of being
settled by arms instead of by the law) has arisen between the
Spectabiles Leontius and Paschasius as to the boundaries of their
properties[320]. If they are so fierce against one another here in
Italy, where there are mountains and rivers and the "arcaturae"
[square turrets of the land surveyor] to mark the boundaries, what
would they have done in Egypt, where the yearly returning waters of
the Nile wash out all landmarks, and leave a deposit of mud over all?
[Footnote 320: 'Casarum.' Casa is evidently no longer a cottage;
perhaps the estate attached to a villa. There is probably still a
flavour of rusticity about it.]
'Geometry was discovered by the Chaldaeans, who perceived that its
principles lay at the root of Astronomy, Music, Mechanics,
Architecture, Medicine, Logic, and every science which deals with
generals. This science was eagerly welcomed by the Egyptians, who
perceived the advantage it would be to them in recovering the
boundaries of estates obliterated by the wished-for deluge[321] of the
Nile.
[Footnote 321: 'Votiva inundatione.']
'Therefore let your Greatness send an experienced land surveyor
(agrimensor) to settle this dispute by assigning fixed boundaries to
the two estates.
'Augustus made a complete survey of the whole "Orbis Romanus," in
order that each taxpayer should know exactly his resources and
obligations. The results of this survey were tabulated by the author
Hyrummetricus. The Professors of this Science [of land surveying] are
honoured with a more earnest attention than falls to the lot of any
other philosophers. Arithmetic, Theoretical Geometry, Astronomy, and
Music are discoursed upon to listless audiences, sometimes to empty
benches. But the land surveyor is like a judge; the deserted fields
become his forum, crowded with eager spectators. You would fancy him a
madman when you see him walking along the most devious paths. But in
truth he is seeking for the traces of lost facts in rough woods and
thickets[322]. He walks not as other men walk. His path is the book
from which he reads; he _shows_ what he is saying; he proves what he
hath learned; by his steps he divides the rights of hostile claimants;
and like a mighty river he takes away the fields of one side to bestow
them on the other.
[Footnote 322: An excellent description of an antiquary walking along
a Roman 'Limes Imperii.']
'Wherefore, acting on our instructions, choose such a land surveyor,
whose authority may be sufficient to settle this dispute, that the
litigants may henceforth cultivate their lands in peace.'
53. KING THEODORIC TO THE ILLUSTRIOUS APRONIANUS, COUNT OF THE PRIVATE
DOMAINS.
[Sidenote: On Water-finders.]
'Your Greatness tells us that a water-finder has come to Rome from
Africa, where, on account of the dryness of the soil, his art is
greatly in request.
'We are glad to hear it. It is a very useful art.
'Signs of the existence of water are the greenness of the grass, the
size of the trees, the nature of the plants, reeds, rushes, brambles,
willows, poplars, &c. Some discover water by putting out dry wool
under a bowl at night. So too, if you see at sunrise a cloud [or
gossamer, 'spissitudinem'] of very small flies. A mist rising like a
column shows water as deep below as the column rises high above.
'The water-finder will also predict the quality of the water, and so
prevent you from wasting labour on a brackish spring. This science was
ably treated of by ----[323], and by Marcellus among the Latins. They
tell us that waters which gush forth towards the east and south are
light and wholesome; that those which emerge towards the north and
west are too cold and heavy.
[Footnote 323: 'Apud Graecos _ille_.' Cassiodorus has left the name
blank, and has either forgotten or been unable to fill it up; like the
'ille et ille' in his State documents.]
'So then, if the testimonials of the aforesaid water-finder and the
results of his indications shall approve themselves to your wisdom,
you may pay his travelling expenses and relieve his wants: he having
to repay you by his future services. For though Rome itself is so
abundantly supplied with aqueducts, there are many suburban places in
which his help would be very useful. Associate with him also a
mechanician who can sink for and raise the water when he has pointed
it out. Rome ought not to lack anything which is an object of
desire.'
BOOK IV.
CONTAINING FIFTY-ONE LETTERS WRITTEN BY CASSIODORUS IN THE NAME OF
THEODORIC.
1. KING THEODORIC TO HERMINAFRID, KING OF THE THURINGIANS.
[Sidenote: Marriage of Theodoric's niece to the King of the
Thuringians.]
'Desiring to unite you to ourselves by the bonds of kindred, we bestow
upon you our niece [Amalabirga, daughter of Theodoric's sister; see
'Anon. Valesii' § 70], so that you, who descend from a Royal stock,
may now far more conspicuously shine by the splendour of Imperial
blood[324]'. [A remarkable passage, as showing that Theodoric did in a
sense consider himself to be filling the place of the Emperors of the
West.]
[Footnote 324: 'Nunc etiam longius claritate Imperialis sanguinis
fulgeatis.']
The virtues and intellectual accomplishments of the new Queen of the
Thuringians are described.
'We gladly acknowledge the price of a favour, in itself beyond price,
which, according to the custom of the nations, we have received from
your ambassadors: namely, a team of horses, silvery in colour, as
wedding-horses should be. Their chests and thighs are suitably adorned
with round surfaces of flesh. Their ribs are expanded to a certain
width. They are short in the belly. Their heads have a certain
resemblance to the stag, the swiftness of which animal they imitate.
These horses are gentle from their extreme plumpness; very swift
notwithstanding their great bulk; pleasant to look at, still better
to use. For they have gentle paces, not fatiguing their riders by
insane curvetings. To ride them is repose rather than toil; and being
broken-in to a delightful and steady pace, they can keep up their
speed, over long distances.
'We too are sending you some presents, but our niece is the fairest
present of all. May God bless you with children, so that our lines may
be allied in future.'
2. KING THEODORIC TO THE KING OF THE HERULI. [Adopting him as his son
by right of arms.]
[Sidenote: Herminafrid adopted as 'filius per arma' by Theodoric.]
'It has been always held amongst the nations a great honour to be
adopted as "filius per arma." Our children by nature often disappoint
our expectations, but to say that we esteem a man _worthy to be our
son_ is indeed praise. As such, after the manner of the nations and in
manly fashion, do we now beget you[325].
[Footnote 325: Notice the strong expression, 'Et ideo more gentium et
conditione virili filium te praesenti munere _procreamus_.']
'We send you horses, spears, and shields, and the rest of the
trappings of the warrior; but above all we send you our judgment that
you are worthy to be our son[326]. Highest among the nations will you
be considered who are thus approved by the mind of Theodoric.
[Footnote 326: 'Damus quidem tibi equos, enses clypeos, et reliqua
instrumenta bellorum, sed quae sunt omnimodis fortiora, largimur tibi
nostra judicia.']
'And though the son should die rather than see his father suffer aught
of harm, we in adopting you are also throwing round you the shield of
our protection. The Heruli have known the value of Gothic help in old
times, and that help will now be yours. A and B, the bearers of these
letters, will explain to you in Gothic (patrio sermone) the rest of
our message to you[327].
[Footnote 327: In 512, says Marcellinus Comes, 'Gens Erulorum in
terras atque civitates Romanorum jussu Anastasii Caesaris introducta.'
But what relation that entry of the Heruli into Roman territory may
bear to this letter is a very difficult question. See Dahn, Könige der
Germanen ii. 8, _n._ 2.]
3. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES.
[Conferring upon him the dignity of 'Comitiva Patrimonii.']
[Sidenote: Senarius made Comes Patrimonii.]
'The master's fame is enhanced by choosing the right persons for his
servants. The Sovereign ought to promote such persons that whenever he
condescends to behold them he may feel that his _judicia_[328] have
been justified. We therefore hereby bestow upon you, for the fourth
Indiction [Sept. 1, 510], the Illustrious dignity of Comes of our
Patrimony.'
[Footnote 328: Same expression as in preceding letter.]
Services of Senarius as a diplomatist, in standing up against
Barbarian Kings and subduing their intellects to the moderate counsels
of Theodoric[329].
[Footnote 329: 'Subiisti saepe arduae legationis officium. Restitisti
regibus non impar assertor, coactus justitiam nostram et illis
ostendere, qui rationem vix poterant cruda obstinatione sentire. Non
te terruit contentionibus inflammata regalis auctoritas,' etc.]
His success as an advocate[330]. The charm of his pronunciation. His
purity of morals; his popularity with high and low. He is exhorted
still to cultivate these dispositions, and to win favour for his
office by his affable demeanour.
[Footnote 330: 'Usus es sub exceptionis officio eloquentis ingenio.'
'Exceptio' is a law term, the defendant's answer to the plaintiff's
bill; but is it so used here?]
4. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
[Announcing the promotion of Senarius, conferred in the preceding
letter.]
[Sidenote: On the same subject.]
Describes the merits of the new Comes, who when young in years but
mature in merit had entered the service of the Palace; his diplomatic
career[331] and his moderation and reserve in the midst of success,
although naturally 'joy is a garrulous thing,' and it is difficult for
men who are carrying all before them to restrain the expression of
their exaltation.
[Footnote 331: Again we have 'exceptiones' mentioned (see preceding
letter). 'Nunc ad colloquia dignus, _nunc ad exceptiones aptissimus_,
frequenter etiam in legationis honorem electus.']
Compliments to the Senate, who are invited to give a hearty welcome to
the new comer.
5. KING THEODORIC TO AMABILIS, VIR DEVOTUS[332] AND COMES.
[Footnote 332: Probably this epithet means that Amabilis was a Sajo.]
[Sidenote: Supply of provisions to famine-stricken Provinces of Gaul.]
'Having heard that there is dearth in our Gaulish Provinces we direct
your Devotion to take bonds from the shipmasters along the whole
western coast of Italy (Lucania, Campania, and Thuscia) that they will
go with supplies of food only to the Gauls, having liberty to dispose
of their cargoes as may be agreed between buyer and seller. They will
find their own profit in this, for there is no better customer for a
corn-merchant than a hungry man. He looks on all his other possessions
as dross if he can only supply the cravings of necessity. He who is
willing to sell to a man in this condition almost seems to be _giving_
him what he needs, and can very nearly ask his own price.'
[It will be seen that in this letter there is no attempt to fix a
maximum price, only to prescribe the kind of cargo, 'victuales
species,' which is to be carried to Gaul.]
6. KING THEODORIC TO SYMMACHUS, VIR ILLUSTRIS, PATRICIAN.
[Sidenote: The sons of Valerian to be detained in Rome.]
'The Spectabilis Valerian, who lives at Syracuse, wishes to return
thither himself, but that his sons, whom he has brought to Rome for
their education, may be detained in that City.
'Let your Magnificence therefore not allow them to leave the aforesaid
City till an order has been obtained from us to that effect. Thus will
their progress in their studies be assured, and proper reverence be
paid to our command. And let none of them think this a burden, which
should have been an object of desire[333]. To no one should Rome be
disagreeable, for she is the common country of all, the fruitful
mother of eloquence, the broad temple of the virtues: it is a striking
mark of our favour to assign such a City as a residence to any of our
subjects[334].'
[Footnote 333: 'Non ergo sibi putet impositum quod debuit esse
votivum. Nulli sit ingrata Roma, quae dici non potest aliena. Illa
eloquentiae foecunda mater, illa virtutum omnium latissimum templum.']
[Footnote 334: Cf. the very similar letter, i. 39.]
7. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES PRIVATARUM.
[Sidenote: Losses by shipwreck to be refunded to those who were
sending provisions to Gaul.]
'Any calamity which comes upon a man from causes beyond his control
ought not to be imputed to him as a fault. The pathetic petition of
the Superintendents of Grain[335] informs us that the cargoes which
they destined for Gaul have perished at sea.
[Footnote 335: 'Prosecutores frumentorum.' It would seem that these
are not merchants supplying the famine-stricken Provinces of Gaul as a
private speculation (according to iv. 5), but public officers who have
had certain cargoes of corn entrusted to them from the State
magazines, and who, but for this letter, would be bound to make good
the loss suffered under their management.]
'The framework of the timbers of the ships gaped under the violence of
the winds and waves, and from all that overabundance of water nothing
remains to them but their tears.
'Let your Sublimity therefore promptly refund to them the proportion
(modiatio) which each of them can prove that he has thus lost. It
would be cruel to punish them for having merely suffered shipwreck.'
8. KING THEODORIC TO THE HONOURED POSSESSORES AND CURIALES OF FORUM
LIVII (FORLI).
[Sidenote: Transport of timber ordered for Alsuanum.]
'You must not think anything which we order hard; for our commands are
reasonable, and we know what you ought to do. Your Devotion is
therefore to cut timber and transport it to Alsuanum[336], where you
will be paid the proper price for it.'
[Footnote 336: Where is this?]
9. KING THEODORIC TO OSUIN, VIR ILLUSTRIS AND COMES.
[Sidenote: Tuitio regii nominis.]
[This letter is quoted by Dahn ('Könige der Germanen' iii. 117) as an
illustration of '_tuitio regii nominis_.']
'Maurentius and Paula, who are left orphans, inform us that their
youth and helplessness expose them to the attacks of many unscrupulous
persons.
'Let your Sublimity therefore cause it to be known that any suits
against them must be prosecuted in our Comitatus, the place of succour
for the distressed and of sharp punishment for tricksters.'
10. KING THEODORIC TO JOANNES, SENATOR AND CONSULARIS OF CAMPANIA.
[Sidenote: The lawless custom of Pignoratio is to be repressed.]
[A custom had apparently grown up during the lawless years of the
Fifth Century, of litigants helping themselves, during the slow
progress of the suit, to a 'material guarantee' from the fields of
their opponents. This custom, unknown apparently at the time of the
Theodosian Code, was called 'Pignoratio,' and was especially rife in
the Provinces of Campania and Samnium.]
'How does peace differ from the confusion of war, if law-suits are to
be settled by violence? We hear with displeasure from our Provincials
in Campania and Samnium that certain persons there are giving
themselves up to the practice of _pignoratio_. And so far has this
gone that neighbours club together and transfer their claims to some
one person who "pignorates" for the whole of them, thus in fact
compelling a man to pay a debt to an entire stranger--a monstrous
perversion of all the rules of law, which separates so delicately
between the rights even of near relations, and will not allow the son
to be sued for the father's debts unless he is the heir, nor the wife
for the husband's unless she has succeeded to the estate. Hitherto our
ignorance has allowed this lawless practice to exist. Now that we know
of it we are determined to suppress it. Therefore, firstly, if any man
lays violent hands on any property to secure an alleged claim, he
shall at once forfeit that claim [and restore the _pignus_]. Secondly,
where one has "pignorated" for another, he shall be compelled to
restore twofold the value of that which he has taken. Thirdly, if any
offender is so poor and squalid that restitution cannot be compelled
from him, he shall be beaten with clubs.'
11. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS AND COMES.
[Sidenote: Dispute between Possessores and Curiales.]
'Let your Magnitude enquire into and decide promptly the dispute
between the Possessores and Curiales of Velia.' [A conjectural
emendation for _Volienses_.]
12. KING THEODORIC TO MARABAD, VIR ILLUSTRIS AND COMES; AND GEMELLUS,
SENATOR.
[Sidenote: Archotamia's complaint against the extravagant widow of her
grandson.]
'It is our purpose not only to defend by arms but to govern by just
laws the Provinces which God has subjected to us.
'Archotamia, an illustrious lady who has lost her grandson by death,
complains that his widow Aetheria, having married again with a certain
Liberius, is wasting the property of her children in order to make
her new home appear more splendid.
'Let your Sublimities enquire into this matter. After suppressing all
violent action[337], placing the holy Gospels in the midst of the
Court, and calling in three honourable persons agreed upon by the
parties, as assessors, decide with their help upon the matter
according to ancient law, due reference being had to the arrangements
of modern times.'
[Footnote 337: 'Omni incivilitate submotâ.']
[Theodoric says that in not hearing the case himself, but referring it
to Marabad and Gemellus, he is following his usual practice,
'remittere ad statuta Divalium sanctionum;' that is, apparently,
according to the Theodosian Code. See Dahn, 'Könige der Germanen' iv.
140, _n._ 2.]
13. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES PRIVATARUM.
[Sidenote: Supplies for Colossaeus and his suite.]
'Let Colossaeus, who is sent as Governor to Pannonia Sirmiensis, have
rations for himself and suite, according to ancient usage. [For his
appointment, see Letters iii. 23 and 24.]
'A hungry army cannot be expected to preserve discipline, since the
armed man will always help himself to that which he requires. Let him
have the chance of buying, that he may not be forced to think what he
can plunder. Necessity loves not a law[338], nor is it right to
command the many to observe a moderation which even the few can barely
practise.'
[Footnote 338: 'Necessitas moderamen non diligit.']
14. KING THEODORIC TO THE SAJO GESILA.
[Sidenote: Evasion of land-tax by Goths in Picenum and Thuscia.]
'It is a great offence to put off the burden of one's own debts upon
other people. That man ought to pay the "tributum" for a property who
receives the income of it. But some of the Goths in Picenum and the
two Tuscanies[339] are evading the payment of their proper taxes[340].
This vicious practice must be suppressed at once, lest it spread by
imitation. If anyone in a spirit of clownish stubbornness shall still
refuse to obey our commands as expressed through you, affix the proper
notice to his houses and confiscate them, that he who would not pay a
small debt may suffer a great loss[341]. None ought to be more prompt
in their payments to the exchequer than those [the Goths] who are the
receivers of our donative. The sum thus given by our liberality is
much more than they could claim as soldiers' pay. In fact _we_ pay
them a voluntary tribute by the care which we have of their fortunes.'
[Footnote 339: 'Gothi per Picenum sive Thuscias utrasque residentes.'
What are the two Thusciae?]
[Footnote 340: 'Debitas functiones.']
[Footnote 341: 'Si quis ergo jussa nostra agresti spiritu resupinatus
abjecerit, casas ejus appositis titulis fisci nostri juribus
vindicabis; ut qui juste noluit parva solvere, rationabiliter videatur
maxima perdidisse.']
15. KING THEODORIC TO BENENATUS, SENATOR.
[Sidenote: New rowers to be selected. Their qualifications.]
'Being informed by the Illustrious and Magnificent Count of the
Patrimony that twenty-one of the _Dromonarii_ [rowers in the
express-boats] have been removed by the inconvenient incident of
death, we hereby charge you to select others to fill their places. But
they must be strong men, for the toil of rowing requires powerful arms
and stout hearts to battle with the stormy waves. For what is in fact
more daring than with one's little bark to enter upon that wide and
treacherous sea, which only despair enables a man successfully to
combat?'
16. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.
[Sidenote: Arigern entrusted with the charge of the City of Rome.]
'Some time ago we committed the government of our new Gaulish
Provinces to Arigern, a member of your body, that he might by his
firmness and prudence bring about a settlement in that agitated
country. This he has accomplished to our entire satisfaction, and,
practising the lessons which he learned in your midst, he has also
brought back warlike trophies from thence. We now decide to bestow
upon him the charge of the Roman order.
'He is to see that the laws are vigorously administered, and that
private revenge has no place.
'Receive, O Conscript Fathers, your honoured and venerable member back
into your bosom.'
[It seems probable that Arigern was not appointed 'Praefectus Urbis,'
because in Letter iv. 22 he is associated as Comes with Argolicus,
'Praefectus Urbis.' Was he 'Comes Urbis Romae?']
17. KING THEODORIC TO IDA, VIR SUBLIMIS AND DUX.
[Cf. the name of our own Northumbrian King.]
[Sidenote: Possessions of the Church of Narbonne to be restored to
it.]
'We do not wish to disturb anything that has been well settled by a
preceding King. Certain possessions of the Church of Narbonne, which
were secured to it by grant of the late King Alaric of exalted memory,
have been wrongfully wrested from it. Do you now restore these. As you
are illustrious in war, so be also excellent in "civilitas." The
wrong-doers will not dare to resist a man of your well-known bravery.'
18. KING THEODORIC TO ANNAS, SENATOR AND COMES.
[Sidenote: A priestly Ghoul.]
'Enquire if the story which is told us be true, namely that the
Presbyter Laurentius has been groping for fatal riches among human
corpses. An odious inversion of his functions, that he who should
preach peace to the living has been robbing the dead, and that hands
which have been touched with the oil of consecration should have been
grasping at unholy gains, instead of distributing his own honestly
acquired substance to the poor. If after diligent examination you
find that the charge is true, you must make him disgorge the gold. As
for punishment, for the sake of the honour of the priesthood we leave
that to a higher Power[342].'
[Footnote 342: 'Scelus enim, quod nos pro sacerdotali honore
relinquimus impunitum, majori pondere credimus vindicandum.' The words
seem to be purposely vague, but I think they allude to the judgment of
Heaven on the offender.]
19. KING THEODORIC TO GEMELLUS, SENATOR.
[Sidenote: The Siliquaticum not to be levied on corn, wine, and oil.]
'The Prince should try to remedy the afflictions of his subjects.
Therefore, for the present time [probably on account of the scarcity
in Gaul], we decree that the tax of Siliquaticum, which Antiquity
ordained should be levied on all buyings and sellings, shall not be
levied on corn, wine, and oil. We hope thus to stimulate trade, and to
benefit not only the Provincials, who are our chief care, but also the
merchants. Let the ship that traverses the seas not fear our harbours.
Often the sailor dreads the rapacity of the collector of customs more
than the danger of shipwreck. It shall not be so now.'
20. KING THEODORIC TO GEBERICH, SENATOR.
[Sidenote: Land taken from the Church to be restored to it.]
'If we are willing to enrich the Church by our own liberality, _à
fortiori_ will we not allow it to be despoiled of the gifts received
from pious princes in the past.
'The supplication of the Venerable Bishop Constantius informs us that
a _jugum_ [= jugerum, about two-thirds of an English acre] of land so
bestowed on the "sacrosanct" Church has been taken away from her, and
is unlawfully held by the despoiler.
'See that right is done, and that the Church has her own restored to
her without any diminution.'
21. KING THEODORIC TO GEMELLUS, SENATOR.
[Sidenote: Promptness and integrity required.]
'Be prompt in the execution of our orders. No one should think our
commands harsh, since they are excused by the necessity of the times.
[Reject the thought of all unjustly acquired gains, for] you are sure
to receive from our favour all that you seem to lose by not yielding
to temptation.'
22. KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS AND PRAEFECT OF THE
CITY; AND
23. KING THEODORIC TO ARIGERN, VIR ILLUSTRIS AND COMES.
[Sidenote: Roman Senators accused of magic.]
These two letters relate to the affair of Basilius[343] and
Praetextatus, men of high rank in Rome. They are accused of practising
magical arts, and in the interval between the first and second letters
they escape from prison by taking advantage of the insanity of the
gaoler.
[Footnote 343: Basilius, the patron of Sidonius, was Consul in 463,
and another Basilius, perhaps the father of the accused, was Consul in
480. The person here spoken of _may_ be the same as the Basilius,
'olim regio ministerio depulsus,' whom Boethius (Phil. Cons. i. 4)
mentions as one of his accusers; but it seems more likely that in that
case this imputation of magical practices would also have been
referred to by him. The name Basilius was a somewhat common one at
this time.]
Theodoric, who says that he will not suffer any such acts of treason
against the Divine Majesty, and that it is not lawful for Christian
times to deal in magical arts, orders the recapture of the offenders,
who are to be handed over to a Quinque-viral Board, consisting of the
Patricians Symmachus, Decius, Volusianus, and Caelianus, with the
Illustrious Maximian, and by them examined; if guilty to be punished
(probably with confiscation and exile); if innocent, of course to be
discharged[344].
[Footnote 344: At the beginning of the first letter occurs the
remarkable expression 'Abscedat ritus de medio jam profanus;
conticescat _poenale murmur animarum_,' which the commentator
interprets of the ventriloquistic sounds produced by soothsayers. Cf.
Milton's Christmas Hymn:
'No voice or hideous hum
Runs through the arched roof in words deceiving.']
[The association of the Quinque-viri with the Praefectus Urbis is a
mark of the high rank of the accused. The Praefectus Urbis could not
adjudicate on the crimes of Senators without five Assessors chosen by
lot from that body. Arigern, who was entrusted (it is not quite clear
in what capacity) with the 'Disciplina Romanae Civitatis,' is
commissioned to bring the accused to trial. Baronius says that we do
not hear whether they were ever re-captured.]
24. KING THEODORIC TO ELPIDIUS, DEACON [of Spoleto].
[Sidenote: Architectural restoration at Spoleto.]
Gives leave to pull down a _porticus_ behind the Baths of Turasius at
Spoleto, and to build some new edifice [perhaps a church] on its site
and on the site of a yard (areola) adjoining it, on condition only
that the building thus pulled down is of no public utility.
Reflections on the duty of architectural restoration.
25. KING THEODORIC TO ARGOLICUS, VIR ILLUSTRIS, PRAEFECTUS URBIS.
[It is to be borne in mind that the Praefectus Urbis was the Official
President of the Senate.]
[Sidenote: Petrus to be inscribed as Senator.]
'Ambition ennobles man, and he who has aimed when young at high
honours is often stimulated to lead a worthy life by the fact of
having obtained them. We therefore look favourably on the petition of
Petrus, illustrious by descent, and in gravity of character already a
Senator, to enter the Sacred Order (the Senate); and we authorise your
Illustrious Magnificence to inscribe his name, according to ancient
custom, in the album of that body.'
[A Petrus, probably the same as the subject of this letter, was Consul
in 516.]
26. KING THEODORIC TO ALL THE CITIZENS OF MARSEILLES[345].
[Footnote 345: 'Universis Massiliae constitutis.' A curious
expression.]
[Sidenote: Taxes remitted for a year.]
Confirms all privileges and immunities granted by previous Princes,
and remits the taxes (censum) for one year, a boon which they had not
dared to ask for. 'For that is perfect _pietas_, which before it is
bent by prayer, knows how to consider the weary ones.'
[Here, as in many other passages of Cassiodorus, _pietas_ shows signs
of passing into the Italian _pietà_ (= pity).]
27. KING THEODORIC TO THE SAJO TEZUTZAT,
AND
28. KING THEODORIC TO DUDA, SENATOR AND COMES.
[Sidenote: Petrus assaulted by the Sajo who was assigned for his
protection.]
[Duda was also a Sajo, as we see from Letter 32. Dahn ('Könige der
Germanen' iv. 142, _n._ 3) thinks he was Comes Gothorum.]
Both letters relate to the affair of Petrus (a Vir Spectabilis, and
probably the same whose admission to the Senate is ordered by iv. 25).