parent sees the increase of his family, as a husbandman the growth of
his trees with joy, so we the growth of the Senate. We therefore
desire that Graius should be included in that virtuous and
praiseworthy assembly[450]. This is a new kind of grafting, in which
the less noble shoot is grafted on to the nobler stock. As a candle
shines at night, but pales in the full sunlight, so does everyone,
however illustrious by birth or character, who is introduced into your
majestic body. Open your Curia, receive our candidate. He is already
predestined to the Senate upon whom we have conferred the dignity of
the Laticlave.'
[Footnote 450: A conjectural translation of 'Sic nos virtutum
jucundissimas laudes incinctum Graium desideramus includere.' Perhaps
'incinctum' means, 'though _not_ girded with the belt of office.'
Graium must surely be a proper name, and this document is therefore,
strictly speaking, not a 'Formula.']
15. FORMULA OF THE VICARIUS OF THE CITY OF ROME.
[Sidenote: Vicariate of the City of Rome.]
'Though nominally only the agent of another [the Praefectus Urbi] you
have powers and privileges of your own which almost entitle you to
rank with the Praefects. Suitors plead before you in causes otherwise
heard only before Praefects[451]; you pronounce sentence in the name
of the King[452] [not of the Praefect]; and you have jurisdiction even
in capital cases. You wear the chlamys, and are not to be saluted by
passers-by except when thus arrayed, as if the law wished you to be
always seen in military garb. [The chlamys was therefore at this time
a strictly military dress.] In all these things the glory of the
Praefecture seems to be exalted in you, as if one should say, "How
great must the Praefect be, if his Vicar is thus honoured!" Like the
highest dignitaries you ride in a state carriage[453]. You have
jurisdiction everywhere within the fortieth milestone from the City.
You preside over the games at Praeneste, sitting in the Consul's seat.
You enter the Senate-house itself, that palace of liberty[454]. Even
Senators and Consulars have to make their request to you, and may be
injured by you.
[Footnote 451: 'Partes apud te sub Praetorianâ advocatione confligunt'
(?).]
[Footnote 452: 'Vice sacrâ sententiam dicis.']
[Footnote 453: 'Carpentum.']
[Footnote 454: 'Aula libertatis.']
'Take therefore this dignity, and wield it with moderation and
courage.'
16. FORMULA OF THE NOTARIES.
[Sidenote: Notaries.]
'It is most important that the secrets of the Sovereign, which many
men so eagerly desire to discover, should be committed to persons of
tried fidelity. A good secretary should be like a well-arranged
_escritoire_, full of information when you want it, but absolutely
silent at other times. Nay, he must even be able to dissimulate his
knowledge, for keen questioners can often read in the face what the
lips utter not. [Cf. the description of the Quaestor Decoratus in v.
3.]
'Our enquiries, keen-scented as they are for all men of good life and
conversation, have brought your excellent character before us. We
therefore ordain that you shall henceforth be a Notary. In due course
of service you will attain the rank of Primicerius, which will entitle
you to enter the Senate, "the Curia of liberty." Moreover, should you
then arrive at the dignity of Illustris or at the [Comitiva] Vacans,
you will be preferred to all who are in the same rank but who have not
acquired it by active service[455].
[Footnote 455: I think this must be the meaning of the sentence:
'Additur etiam perfuncti laboris aliud munus, ut si quo modo ad
Illustratum vel Vacantem meruerit pervenire, omnibus debeat anteponi,
qui Codicillis Illustratibus probantur ornari.']
'Enter then upon this duty, cheered by the prospect of one day
attaining to the highest honours.'
17. FORMULA OF THE REFERENDARII.
[Sidenote: Referendarii.]
[We have no word corresponding to this title. Registrar, Referee,
Solicitor, each expresses only part of the duties of the
Referendarius, whose business it was, _on behalf of the Court_, to
draw up a statement of the conflicting claims of the litigants before
it. See the interesting letters (v. 40 and 41) describing the useful
services rendered in this capacity by Cyprian in the King's Court of
Appeal. His duties seem to have been very similar to those which in
the Court of the Praetorian Praefect were discharged by the officer
called _Ab Actis_ (See p. 107).]
'Great is the privilege of being admitted to such close converse with
the King as you will possess, but great also are the responsibilities
and the anxieties of the Referendarius. In the midst of the hubbub of
the Court he has to make out the case of the litigant, and to clothe
it in language suitable for our ears. If he softens it down ever so
little in his repetition of it, the claimant declares that he has been
bribed, that he is hostile to his suit. A man who is pleading his own
cause may soften down a word or two here and there, if he see that the
Court is against him; but the Referendarius dares not alter anything.
Then upon him rests the responsibility of drawing up our decree,
adding nothing, omitting nothing. Hard task to speak _our_ words in
our own presence.
'Take then the office of Referendarius, and show by your exercise of
it to what learning men may attain by sharing our conversation. Under
us it is impossible for an officer of the Court to be unskilled in
speech. Like a whetstone we sharpen the intellects of our courtiers,
and polish them by practice at our bar[456].'
[Footnote 456: 'Sub nobis enim non licet esse imperitos; quando in
vicem cotis ingenia splendida reddimus, quae causarum assiduitate
polimus.' Strange words to put into the mouth of a monarch who could
not write.]
18. FORMULA OF THE PRAEFECTUS ANNONAE, AND HIS EXCELLENCY.
[Sidenote: Praefectus Annonae.]
'If the benefit of the largest number of citizens is a test of the
dignity of an office yours is certainly a glorious one. You have to
prepare the Annona of the sacred City, and to feed the whole people as
at one board. You run up and down through the shops of the bakers,
looking after the weight and fineness of the bread, and not thinking
any office mean by which you may win the affections of the citizens.
'You mount the chariot of the Praefect of the City, and are displayed
in closest companionship with him at the games. Should a sudden tumult
arise by reason of a scarcity of loaves, you have to still it by
promising a liberal distribution. It was from his conduct in this
office that Pompey attained the highest dignities and earned the
surname of the Great.
'The pork-butchers also (Suarii) are subject to your control.
'It is true that the corn is actually provided by the Praetorian
Praefect, but you see that it is worked up into elegant bread[457].
[Footnote 457: 'Quando in quavis abundantia querela non tollitur, si
panis elegantia nulla servetur.']
'Even so Ceres discovered corn, but Pan taught men how to bake it into
bread; whence its name (_Panis_, from Pan).
'Take then this office: discharge it faithfully, and weigh, more
accurately than gold, the bread by which the Quirites live.'
19. FORMULA OF THE COUNT OF THE CHIEF PHYSICIANS.
[Sidenote: Comes Archiatrorum.]
'The doctor helps us when all other helpers seem to fail. By his art
he finds out things about a man of which he himself is ignorant; and
his prognosis of a case, though founded on reason, seems to the
ignorant like prophecy.
'It is disgraceful that there should be a president of the lascivious
pleasures of the people (Tribunus Voluptatum) and none of this healing
art. Excellent too may your office be in enabling you to control the
squabbles of the doctors. They ought not to quarrel. At the beginning
of their exercise of their art they take a sort of priestly oath to
hate wickedness and to love purity. Take then this rank of Comes
Archiatrorum, and have the distinguished honour of presiding over so
many skilled practitioners and of moderating their disputes.
'Leave it to clumsy men to ask their patients "if they have had good
sleep; if the pain has left them." Do you rather incline the patient
to ask you about his own malady, showing him that you know more about
it than he does. The patient's pulse, the patient's water, tell to a
skilled physician the whole story of his disease.
'Enter our palace unbidden; command us, whom all other men obey; weary
us if you will with fasting, and make us do the very opposite of that
which we desire, since all this is your prerogative.'
20. FORMULA OF THE OFFICE OF A CONSULAR, AND ITS EXCELLENCY.
[Sidenote: Consularis.]
'You bear among your trappings the axes and the rods of the Consul, as
a symbol of the nature of the jurisdiction which you exercise in the
Provinces.
'In some Provinces you even wear the _paenula_ (military cloak) and
ride in the _carpentum_ (official chariot), as a proof of your
dignity.
'You must not think that because your office is allied to that of
Consul any lavish expenditure by way of largesse is necessary. By no
means; but it is necessary that you should abstain from all unjust
gains. Nothing is worse than a mixture of rapacity and prodigality.
'Respect the property of the Provincials, and your tenure of office
will be without blame.
'Receive therefore, for this Indiction, the office of Consular in such
and such a Province, and let your moderation appear to all the
inhabitants.'
21. FORMULA OF THE GOVERNOR (RECTOR) OF A PROVINCE.
[The distinction between the powers of a Rector and those of a
Consularis seems to have been very slight, if it existed at all; but
the dignity of the latter office was probably somewhat the greater.]
[Sidenote: Rector Provinciae.]
'It is important to repress crime on the spot. If all criminal causes
had to wait till they could be tried in the capital, robbers would
grow so bold as to be intolerable. Hence the advantage of Provincial
Governors. Receive then for this Indiction the office of Rector of
such and such a Province. Look at the broad stripe (laticlave) on your
purple robe, and remember the dignity which is betokened by that
bright garment, which poets say was first woven by Venus for her son
Priapus, that the son's beautiful robe might attest the mother's
loveliness.
'You have to collect the public revenues, and to report to the
Sovereign all important events in your Province. You may judge even
Senators and the officers of Praefects. Your name comes before that of
even dignified Provincials, and you are called Brother by the
Sovereign. See that your character corresponds to this high vocation.
Your subjects will not fear you if they see that your own actions are
immoral. There can be no worse slavery than to sit on the
judgment-seat, knowing that the men who appear before you are
possessors of some disgraceful secret by which they can blast your
reputation.
'Refrain from unholy gains, and we will reward you all the more
liberally.'
22. FORMULA OF THE COUNT OF THE CITY OF SYRACUSE.
[Sidenote: Comitiva Syracusana.]
'We must provide such Governors for our distant possessions that
appeals from them shall not be frequent. Many men would rather lose a
just cause than have the expense of coming all the way from Sicily to
defend it; and as for complaints against a Governor, we should be
strongly inclined to think that a complaint presented by such distant
petitioners must be true.
'Act therefore with all the more caution in the office which we bestow
upon you for this Indiction. You have all the pleasant pomp of an
official retinue provided for you at our expense. Do not let your
soldiers be insolent to the cultivators of the soil (possessores). Let
them receive their rations and be satisfied with them, nor mix in
matters outside their proper functions. Be satisfied with the dignity
which your predecessors held. It ought not to be lowered; but do not
seek to exalt it.'
23. FORMULA OF THE COUNT OF NAPLES.
[Sidenote: Comitiva Neapolitana.]
'As the sun sends forth his rays so we send out our servants to the
various cities of our dominions, to adorn them with the splendour of
their retinue, and to facilitate the untying of the knots of the law
by the multitude of jurisconsults who follow in their train. Thus we
sow a liberal crop of official salaries, and reap our harvest in the
tranquillity of our subjects. For this Indiction we send you as Count
to weigh the causes of the people of Naples. It is a populous city,
and one abounding in delights by sea and land. You may lead there a
most delicious life, if your cup be not mixed with bitterness by the
criticisms of the citizens on your judgments. You will sit on a
jewelled tribunal, and the Praetorium will be filled with your
officers; but you will also be surrounded by a multitude of fastidious
spectators, who assuredly, in their conversation, will judge the
Judge. See then that you walk warily. Your power extends for a certain
distance along the coast, and both the buyer and seller have to pay
you tribute. We give you the chance of earning the applause of a vast
audience: do you so act that your Sovereign may take pleasure in
multiplying his gifts.'
24. FORMULA ADDRESSED TO THE GENTLEMEN-FARMERS (OR THE TITLED
CULTIVATORS) AND COMMON COUNCILMEN[458] OF THE CITY OF NAPLES [AND
SURROUNDING DISTRICT].
[Footnote 458: An attempt to translate 'Honoratis possessoribus et
curialibus civitatis Neapolitanae.']
[Sidenote: Honorati Possessores et Curiales Civitatis Neapolitanae.]
'You pay us tribute, but we have conferred honours upon you. We are
now sending you a Comes [the one appointed in the previous formula],
but he will be a terror only to the evil-disposed. Do you live
according to reason, since you are reasonable beings, and then the
laws may take holiday. Your quietness is our highest joy[459].'
[Footnote 459: 'Erit nostrum gaudium vestra quies.... Degite moribus
compositis, ut vivatis legibus feriatis.']
25 is entitled, 'FORMULA DE COMITIVA PRINCIPIS MILITUM;' but this is
evidently an inaccurate, or at least an insufficient title.
[Sidenote: Doubtful.]
The letter, though very short, is obscure.
It starts with the maxim that every staff of officials ought to have
its own Judge[460], and then, apparently, proceeds to make an
exception to this rule by making the persons addressed--the civil or
military functionaries of Naples--subject to the Comes Neapolitanus
who was appointed by the Twenty-third Formula. No reason is given for
this exception, except an unintelligible one about preserving the
yearly succession of Judges[461]; but the persons are assured that
their salaries shall be safe[462].
[Footnote 460: 'Omnes apparitiones decet habere judices suos. Nam cui
praesul adimitur et militia denegatur.']
[Footnote 461: 'Ut judicibus annuâ successione reparatis, vobis
solemnitas non pereat actionis.']
[Footnote 462: 'Vos non patimur emolumentorum commoda perdere.']
BOOK VII.
CONTAINING FORTY-SEVEN FORMULAE.
1. FORMULA OF THE COUNT OF A PROVINCE.
[Sidenote: Comitiva Provinciae.]
'Your dignity, unlike that of most civil officers, is guarded by the
sword of war. See however that this terrible weapon is only drawn on
occasions of absolute necessity, and only wielded for the punishment
of evil-doers. Anyone who is determining a case of life and death
should decide slowly, since any other sentence is capable of
correction, but the dead man cannot be recalled to life. Let the
ensigns of your power be terrible to drivers-away of cattle, to
thieves and robbers; but let innocence rejoice when she sees the
tokens of approaching succour. Let no one pervert your will by bribes:
the sword of justice is sheathed when gold is taken. Receive then for
this Indiction the dignity of Count in such and such a Province. So
use your power that you may be able to defend your actions when
reduced to a private station, though indeed, if you serve us well in
this office, we are minded to promote you to yet higher dignities.'
2. FORMULA OF A PRAESES.
[The Praeses had practically the same powers as the Consularis (v. 20)
and the Rector (v. 21), but occupied a less dignified position, being
only a 'Perfectissimus,' not a 'Clarissimus[463].']
[Footnote 463: See p. 92.]
[Sidenote: Praesidatus.]
'It has been wisely ordered by the Ancients that a Provincial
Governor's term of office should be only annual. Thus men are
prevented from growing arrogant by long tenure of power, and we are
enabled to reward a larger number of aspirants. Get through one year
of office if you can without blame: even that is not an easy matter.
It rests then with us to prolong the term of a deserving ruler[464],
since we are not keen to remove those whom we feel to be governing
justly. Receive then for this Indiction the Praesidatus of such and
such a Province, and so act that the tiller of the soil (possessor)
may bring us thanks along with his tribute. Follow the good example of
your predecessors: carefully avoid the bad. Remember how full your
Province is of nobles, whose good report you may earn but cannot
compel. You will find it a delightful reward, when you travel through
the neighbouring Provinces, to hear your praises sounded there where
your power extends not. You know our will: it is all contained in the
laws of the State. Govern in accordance with these, and you shall not
go unrewarded.'
[Footnote 464: 'Nostrum est merentibus tempus augere.' The limit of
one year might therefore be exceeded by favour of the Sovereign.]
3. FORMULA OF THE COUNT OF THE GOTHS IN THE SEVERAL PROVINCES.
[Sidenote: Comitiva Gothorum per singulas Provincias.]
[Dahn remarks ('Könige der Germanen' iv. 157): 'We must go thoroughly
into the question of this office. The _Comes Gothorum_ is the most
important, in fact almost the only new dignity in the Gothic State,
and the formula of his installation is the chief proof of the
coexistence of Roman and Gothic law in this kingdom.' I have therefore
translated this formula at full length.]
'As we know that, by God's help, Goths are dwelling intermingled among
you, in order to prevent the trouble (indisciplinatio) which is wont
to arise among partners (consortes) we have thought it right to send
to you as Count, A B, a sublime person, a man already proved to be of
high character, in order that he may terminate (amputare) any contests
arising between two Goths according to our edicts; but that, if any
matter should arise between a Goth and a born Roman, he may, after
associating with himself a Roman jurisconsult[465], decide the strife
by fair reason[466]. As between two Romans, let the decision rest with
the Roman examiners (cognitores), whom we appoint in the various
Provinces; that thus each may keep his own laws, and with various
Judges one Justice may embrace the whole realm. Thus, sharing one
common peace, may both nations, if God favour us, enjoy the sweets of
tranquillity.
[Footnote 465: 'Adhibito sibi prudente Romano.']
[Footnote 466: 'Aequabili ratione.']
'Know, however, that we view all [our subjects] with one impartial
love; but he may commend himself more abundantly to our favour who
subdues his own will into loving submission to the law[467]. We like
nothing that is disorderly[468]; we detest wicked arrogance and all
who have anything to do with it. Our principles lead us to execrate
violent men[469]. In a dispute let laws decide, not the strong arm.
Why should men seek by choice violent remedies, when they know that
the Courts of Justice are open to them? It is for this cause that we
pay the Judges their salaries, for this that we maintain such large
official staffs with all their privileges, that we may not allow
anything to grow up among you which may tend towards hatred. Since you
see that one lordship (imperium) is over you, let there be also one
desire in your hearts, to live in harmony.
[Footnote 467: 'Qui leges moderatâ voluntate dilexerit.' To translate
this literally might give a wrong idea, because with us 'to love the
law' means to be litigious.]
[Footnote 468: 'Non amamus aliquid incivile.']
[Footnote 469: 'Violentos nostra pietas execratur.']
'Let both nations hear what we have at heart. You [oh Goths!] have the
Romans as neighbours to your lands: even so let them be joined to you
in affection. You too, oh Romans! ought dearly to love the Goths, who
in peace swell the numbers of your people and in war defend the whole
Republic[470]. It is fitting therefore that you obey the Judge whom we
have appointed for you, that you may by all means accomplish all that
he may ordain for the preservation of the laws; and thus you will be
found to have promoted your own interests while obeying our command.'
[Footnote 470: 'Vos autem, Romani, magno studio Gothos diligere
debetis, qui et in pace numerosos vobis populos faciunt, et universam
Rempublicam per bella defendunt.']
4. FORMULA OF THE DUKE OF RAETIA.
[Sidenote: Ducatus Raetiarum.]
'Although promotion among the _Spectabiles_ goes solely by seniority,
it is impossible to deny that those who are employed in the border
Provinces have a more arduous, and therefore in a sense more
honourable, office than those who command in the peaceful districts of
Italy. The former have to deal with war, the latter only with the
repression of crime. The former hear the trumpet's clang, the latter
the voice of the crier.
'The Provinces of Raetia are the bars and bolts of Italy. Wild and
cruel nations ramp outside of them, and they, like nets, whence their
name[471], catch the Barbarian in their toils and hold him there till
the hurled arrow can chastise his mad presumption.
[Footnote 471: Raetia, from _rete_, a net.]
'Receive then for this Indiction the _Ducatus Raetiarum_. Let your
soldiers live on friendly terms with the Provincials, avoiding all
lawless presumption; and at the same time let them be constantly on
their guard against the Barbarians outside. Even bloodshed is often
prevented by seasonable vigilance.'
5. FORMULA OF THE PALACE ARCHITECT.
[Sidenote: Cura Palatii.]
'Much do we delight in seeing the greatness of our Kingdom imaged
forth in the splendour of our palace.
'Thus do the ambassadors of foreign nations admire our power, for at
first sight one naturally believes that as is the house so is the
inhabitant.
'The Cyclopes invented the art of working in metal, which then passed
over from Sicily to Italy.
'Take then for this Indiction the care of our palace, thus receiving
the power of transmitting your fame to a remote posterity which shall
admire your workmanship. See that your new work harmonises well with
the old. Study Euclid--get his diagrams well into your mind; study
Archimedes and Metrobius.
'When we are thinking of rebuilding a city, or of founding a fort or a
general's quarters, we shall rely upon you to express our thoughts on
paper [in an architect's design]. The builder of walls, the carver of
marbles, the caster of brass, the vaulter of arches[472], the
plasterer, the worker in mosaic, all come to you for orders, and you
are expected to have a wise answer for each. But, then, if you direct
them rightly, while theirs is the work yours is all the glory.
[Footnote 472: 'Camerarum rotator.']
'Above all things, dispense honestly what we give you for the
workmen's wages; for the labourer who is at ease about his victuals
works all the better.
'As a mark of your high dignity you bear a golden wand, and amidst the
numerous throng of servants walk first before the royal footsteps
[i.e. last in the procession and immediately before the King], that
even by your nearness to our person it may be seen that you are the
man to whom we have entrusted the care of our palaces.'
6. FORMULA OF THE COUNT OF THE AQUEDUCTS.
[Sidenote: Comitiva Formarum Urbis.]
'Though all the buildings of Rome are wonderful, and one can scarce
for this reason say which are the chief among them, we think a
distinction may be drawn between those which are reared only for the
sake of ornament and those which also serve a useful purpose. Thus,
however often one sees the Forum of Trajan, it always seems a
wonder[473]. To stand on the lofty Capitol is to see all other works
of the human intellect surpassed. And yet neither of these great works
touches human life, nor ministers to health or enjoyment. But in the
Aqueducts of Rome we note both the marvel of their construction and
the rare wholesomeness of their waters. When you look at those rivers,
led as it were over piled up mountains, you would think that their
solid stony beds were natural channels, through so many ages have they
borne the rush of such mighty waters. And yet even mountains are
frequently undermined, and let out the torrents which have excavated
them; while these artificial channels, the work of the ancients, never
perish, if reasonable care be taken of their preservation.
[Footnote 473: 'Trajani Forum vel sub assiduitate videre miraculum
est.']
'Let us consider how much that wealth of waters adds to the adornment
of the City of Rome. Where would be the beauty of our _Thermae_, if
those softest waters were not supplied to them?
'Purest and most delightful of all streams glides along the _Aqua
Virgo_, so named because no defilement ever stains it. For while all
the others, after heavy rain show some contaminating mixture of
earth, this alone by its ever pure stream would cheat us into
believing that the sky was always blue above us. Ah! how express these
things in words worthy of them? The _Aqua Claudia_ is led along on the
top of such a lofty pile that, when it reaches Mount Aventine, it
falls from above upon that lofty summit as if it were watering some
lowly valley. It is true that the Egyptian Nile, rising at certain
seasons, brings its flood of waters over the land under a cloudless
sky; but how much fairer a sight is it to see the Roman Claudia
flowing with a never-failing stream over all those thirsty mountain
tops, and bringing purest water through a multitude of pipes to so
many baths and houses. When Nile retreats he leaves mud behind him;
when he comes unexpectedly he brings a deluge. Shall we not then
boldly say that our Aqueducts surpass the famous Nile, which is so
often a terror to the dwellers on his banks either by what he brings
or by what he leaves behind him? It is in no spirit of pride that we
enumerate these particulars, but in order that you may consider how
great diligence should be shown by you to whom such splendid works are
entrusted.
'Wherefore, after careful consideration, we entrust you for this
Indiction with the _Comitiva Formarum_, that you may zealously strive
to accomplish what the maintenance of such noble structures requires.
Especially as to the hurtful trees which are the ruin of buildings,
[inserting their roots between the stones and] demolishing them with
the destructiveness of a battering-ram: we wish them to be pulled up
by the roots, since it is no use dealing with an evil of this kind
except in its origin. If any part is falling into decay through age,
let it be repaired at once: the first expense is the least. The
strengthening of the Aqueducts will constitute your best claim on our
favour, and will be the surest means of establishing your own
fortune. Act with skill and honesty, and let there be no corrupt
practices in reference to the distribution of the water.'
7. FORMULA OF THE PRAEFECT OF THE WATCH OF THE CITY OF ROME.
[Sidenote: Praefectus Vigilum Urbis Romae.]
'Your office, exercised as it is in the City itself, and under the
eyes of Patricians and Consuls, is sure to bring you renown if you
discharge its duties with diligence. You have full power to catch
thieves, though the law reserves the right of punishing them for
another official, apparently because it would remember that even these
detestable plunderers are yet Roman citizens. Take then for this
Indiction the _Praefectura Vigilum_. You will be the safety of
sleepers, the bulwark of houses, the defence of bolts and bars, an
unseen scrutineer, a silent judge, one whose right it is to entrap the
plotters and whose glory to deceive them. Your occupation is a nightly
hunting, most feared when it is not seen. You rob the robbers, and
strive to circumvent the men who make a mock at all other citizens. It
is only by a sort of sleight of hand that you can throw your nets
around robbers; for it is easier to guess the riddles of the Sphinx
than to detect the whereabouts of a flying thief. He looks round him
on all sides, ready to start off at the sound of an advancing
footstep, trembling at the thought of a possible ambush. How can one
catch him who, like the wind, tarries never in one place? Go forth,
then, under the starry skies; watch diligently with all the birds of
night, and as they seek their food in the darkness so do you therein
hunt for fame.
'Let there be no corruption, no deeds of darkness which the day need
blush for. Do this, and you will have our support in upholding the
rightful privileges of yourself and your staff.'
8. FORMULA OF THE PRAEFECT OF THE WATCH OF THE CITY OF RAVENNA.
[Sidenote: Praefectus Vigilum Urbis Ravennatis.]
Contains the same topics as the preceding formula, rather less
forcibly urged, and with no special reference to the City of Ravenna.
An exhortation at the end not to be too hasty, nor to shed blood
needlessly, even when dealing with thieves.
9. FORMULA OF THE COUNT OF PORTUS.
[Sidenote: Comitiva Portus Urbis Romae.]
'It is a service of pleasure rather than of toil to hold the dignity
of Comes in the harbour of the City of Rome, to look forth upon the
wide sail-traversed main, to see the commerce of all the Provinces
tending towards Rome, and to welcome travellers arriving with the joy
of ended peril. Excellent thought of the men of old to provide two
channels by which strangers might enter the Tiber, and to adorn them
with those two stately cities [Portus and Ostia], which shine like
lights upon the watery way!
'Do you therefore, by your fair administration, make it easy for
strangers to enter. Do not grasp at more than the lawful dues; for the
greedy hand closes a harbour, and extortion is as much dreaded by
mariners as adverse winds. Receive then for this Indiction the
_Comitiva Portus_; enjoy the pleasures of the office, and lay it down
with increased reputation.'
10. FORMULA OF THE TRIBUNUS VOLUPTATUM.
[Sidenote: Tribunus Voluptatum.]
[Minister of public amusements, the Roman equivalent to our 'Lord
Chamberlain' in that part of his office which relates to the control
of theatres.]
'Though the wandering life of the stage-player seems as if it might
run to any excess of licence, Antiquity has wisely provided that even
it should be under some sort of discipline. Thus respectability
governs those who are not respectable, and people who are themselves
ignorant of the path of virtue are nevertheless obliged to live under
some sort of rule. Your place, in fact, is like that of a guardian; as
he looks after the tender years of his ward, so you bridle the
passionate pleasures of your theatrical subjects.
'Therefore, for this Indiction, we appoint you Tribune of [the
people's] Pleasures. See that order is observed at the public
spectacles: they are not really popular without this. Keep your own
high character for purity in dealing with these men and women of
damaged reputation, that men may say, "Even in promoting the pleasures
of the people he showed his virtuous disposition."
'It is our hope that through this frivolous employment you may pass to
more serious dignities.'
11. FORMULA OF THE DEFENSOR OF ANY CITY.
[Sidenote: Defensor cujuslibet Civitatis.]
[Observe that the Defensor has power to fix prices, in addition to his
original function of protecting the commonalty from oppression.]
'The number of his clients makes it necessary for the representative
of a whole city to be especially wary in his conduct.
'At the request of your fellow-citizens we appoint you, for this
Indiction, Defensor of such and such a city. Take care that there be
nothing venal in your conduct. Fix the prices for the citizens
according to the goodness or badness of the seasons, and remember to
pay yourself what you have prescribed to others. A good Defensor
allows his citizens neither to be oppressed by the laws nor harassed
by the dearness of provisions.'
12. FORMULA OF THE CURATOR OF A CITY.
[Sidenote: Curator Civitatis.]
[The Defensor and Curator had evidently almost equivalent powers, but
with some slight difference of dignity. They cannot both have existed
in the same city. It would be interesting to know what decided the
question whether a city should have a Defensor or a Curator.]
This formula differs very little from the preceding, except that the
new officer is told 'wisely to govern the ranks of the Curia.' Stress
is again laid on the regulation of prices: 'Cause moderate prices to
be adhered to by those whom it concerns. Let not merchandise be in the
sole power of the sellers, but let an agreeable equability be observed
in all things. This is the most enriching kind of popularity, which is
derived from maintaining moderation in prices[474]. You shall have the
same salary (consuetudines) which your predecessors had in the same
place.'
[Footnote 474: 'Opulentissima siquidem et hinc gratia civium
colligitur, si pretia sub moderatione serventur.']
13. FORMULA OF THE COUNT OF ROME.
[Sidenote: Comitiva Romana.]
'If even bolts and bars cannot secure a house from robbery, much more
do the precious things left in the streets and open spaces of Rome
require protection. I refer to that most abundant population of
statues, to that mighty herd of horses [in stone and metal] which
adorn our City. It is true that if there were any reverence in human
nature, it, and not the watchman, ought to be the sufficient guardian
of the beauty of Rome[475]. But what shall we say of the marbles,
precious both by material and workmanship, which many a hand longs, if
it has opportunity, to pick out of their settings? Who when entrusted
with such a charge can be negligent? who venal? We entrust to you
therefore for this Indiction the dignity of the Comitiva Romana, with
all its rights and just emoluments. Watch for all such evil-doers as
we have described. Rightly does the public grief[476] punish those who
mar the beauty of the ancients with amputation of limbs, inflicting on
them that which they have made our monuments to suffer. Do you and
your staff and the soldiers at your disposal watch especially by
night; in the day the City guards itself. At night the theft looks
tempting; but the rascal who tries it is easily caught if the guardian
approaches him unperceived. Nor are the statues absolutely dumb; the
ringing sound which they give forth under the blows of the thief seems
to admonish their drowsy guardian. Let us see you then diligent in
this business, that whereas we now bestow upon you a toilsome dignity,
we may hereafter confer an honour without care.'
[Footnote 475: 'Si esset humanis rebus ulla consideratio Romanam
pulchritudinem non vigiliae sed sola deberet reverentia custodire.']
[Footnote 476: 'Quia juste tales persequitur publicus dolor.']
14. FORMULA OF THE COUNT OF RAVENNA.
[Sidenote: Comitiva Ravennatis.]
'High is your honour, to be the means of taking away all slowness from
the execution of our orders. Who knows not what a quantity of ships
you can muster at the least hint from us! Scarcely is the ink dry on
the _evectio_ [permission to use the public post] prepared by some
palace dignitary, when already with the utmost speed it is by you
being carried into effect. Do not exact too much service from
merchants[477], nor yet from corrupt motives let them off too easily.
Be very careful in your judicial capacity, and especially when trying
the causes of the poor, to whom a small error in your judgment may be
far more disastrous than to the rich.'
[Footnote 477: 'Negociatorum operas consuetas nec nimias exigas, nec
venalitate derelinquas.' Apparently then a certain amount of forced
labour could be claimed from the owners of merchant-vessels by the
Count of Ravenna.]
15. FORMULA ADDRESSED TO THE PRAEFECT OF THE CITY ON THE APPOINTMENT
OF AN ARCHITECT.
[Sidenote: Architectus Publicorum.]
'It is desirable that the necessary repairs to this forest of walls
and population of statues which make up Rome should be in the hands of
a learned man who will make the new work harmonise with the old.
Therefore for this Indiction we desire your Greatness to appoint A B
Architect of the City of Rome. Let him read the books of the ancients;
but he will find more in this City than in his books. Statues of men,
showing the muscles swelling with effort, the nerves in tension, the
whole man looking as if he had grown rather than been cast in metal.
Statues of horses, full of fire, with the curved nostril, with rounded
tightly-knit limbs, with ears laid back--you would think the creature
longed for the race, though you know that the metal moves not. This
art of statuary the Etruscans are said to have practised first in
Italy; posterity has embraced it, and given to the City an artificial
population almost equal to its natural one. The ancients speak of the
wonders of the world [here enumerated and described], but this one of
the City of Rome surpasses them all. It had need to be a learned man
who is charged with the care of upholding all these works; else, in
his despair, he will deem himself the man of stone, and the statues
about him the truly living men.'
16. FORMULA OF THE COUNT OF THE ISLANDS OF CURRITANA AND CELSINA.
[Sidenote: Comitiva Insulae Curritanae et Celsinae.]
[Celsina, from the place in which it is mentioned in the 'Itinerary'
of Antonine (516), was probably one of the Lipari Islands. Curritana
must have been near it but is not further identified.]
'The presence of a ruler is necessary; and it is not desirable that
men should live without discipline, according to their own wills. We
therefore appoint you Judge of these two islands. For it is right that
someone should go to the habitations of these men, who are shut out
from converse with the rest of their kind, and settle their
differences by fair reason.
'Oh ye inhabitants of these islands, ye now know whom our Piety has
set over you, and we shall expect you to obey him.'
17. FORMULA CONCERNING THE PRESIDENT OF THE LIME-KILNS.
[Sidenote: Praepositus Calcis.]
'It is a glorious labour to serve the City of Rome. It cannot be
doubted that lime (coctilis calx), which is snow-white and lighter
than sponge, is useful for the mightiest buildings. In proportion as
it is itself disintegrated by the application of fire does it lend
strength to walls; a dissolvable rock, a stony softness, a sandy
pebble, which burns the best when it is most abundantly watered,
without which neither stones are fixed nor the minute particles of
sand hardened.
'Therefore we set you, well known for your industry, over the burning
and distribution of lime, that there may be plenty of it both for
public and private works, and that thereby people may be put in good
heart for building. Do this well, and you shall be promoted to greater
things.'
18. FORMULA CONCERNING ARMOURERS.
[Sidenote: Armorum Factores.]
'Good arms are of the utmost importance to a community. By means of
them man, the frailest of creatures, is made stronger than monstrous
beasts. Phoroneus is said to have first invented them, and brought
them to Juno to consecrate them by her divinity.
'For this Indiction we set you over the soldiers and workmen in our
armouries. Do not presume in our absence to pass bad workmanship. We
shall find out by diligent search all that you do, and in such a
matter as this consider no mistake venial.'
19. FORMULA ADDRESSED TO THE PRAETORIAN PRAEFECT CONCERNING THE
ARMOURERS.
[Sidenote: Ad Praefectum Praetorio de Armorum Factoribus.]
Announces to the Praefects the appointment conferred in the preceding
letter, and repeats that to supply inferior arms to soldiers is an act
of treason. The workmen are to receive their just _consuetudines_
[wages].
20 and 21. FORMULA AS TO THE COLLECTION OF BINA AND TERNA:
(1) _If collected by the Judge himself;_
(2) _If collected by his Officium._
[Sidenote: Binorum et Ternorum: (xx.) si per Judicem aguntur; (xxi.)
si per Officium aguntur.]
These _Bina_ and _Terna_, as stated in the note to iii. 8, are a
mystery. All that can be positively stated about them is that they
were a kind of land-tax, collected from the cultivators (possessores),
and that they had to be brought into the Treasury by the first of
March in each year. Under the first formula the Judex himself, under
the second two _Scriniarii_ superintend the collection, reporting to
the Count of Sacred Largesses. As in the previous letter (iii. 8), the
Judex is reminded that if there is any deficiency he will have to make
it good himself. Cf. Manso, 'Geschichte des Ostgothischen Reiches'
388; and Sartorius, 'Regierung der Ostgothen' 207 and 347.
22. FORMULA OF EXHORTATION ADDRESSED TO THE TWO SCRINIARII REFERRED TO
IN FORMULA 21.
[Sidenote: Commonitorium illi et illi Scriniariis.]
'Your day of promotion is come. Proceed to such and such a Province,
in order that you may assist the Judex and his staff in collecting the
_Bina_ and _Terna_, before the first of March, and may forward them
without delay to the Count of Sacred Largesses. Let there be no
extortion from the cultivator, no dishonest surrender of our rights.'
23. FORMULA OF THE VICARIUS OF PORTUS.
[Sidenote: Vicarius Portus.]
'Great prudence is necessary in your office, since discords easily
arise between two nationalities. Therefore you must use skill to
soothe those [the Greek merchants and sailors from the Levant] whose
characters are unstable as the winds, and who, unless you bring their
minds into a state of calm, will, with their natural quickness of
temper, fly out into the extremity of insolence.'
24. FORMULA OF THE PRINCEPS OF DALMATIA.
[Sidenote: Princeps Dalmatiarum.]
[The Princeps, as observed on p. 96, seems to have practically
disappeared from the Officium of the Praefectus Praetorio. Here,
however, we find a Provincial Princeps whose rank and functions are
not a little perplexing. It seems probable that, while still nominally
only the chief of a staff of subordinates, he may, owing to the
character of the superior under whom he served, have practically
assumed more important functions. That superior in this case was a
Comes, whose military character is indicated by the first letter of
this book. The Princeps was therefore virtually the Civil Assessor of
this officer.
The Comes under Theodoric would generally be a Goth; the Princeps must
be a Roman and a Jurisconsult. The business of the former was war and
administration; that of the latter, judgment, though his decisions
were apparently pronounced by the mouth of the Comes, his superior in
rank.]
'Whosoever serves while bearing the title of Princeps has high
pre-eminence among his colleagues. To the Consul of the Provinces
power is given, but to you the Judge himself is entrusted. Without you
there is no access to the Secretarium, nor is the ceremony of
salutation[478] [by subordinate officers] performed. You hold the
vine-rod[479] which menaces the wicked; you have the right, withheld
from the Governor himself, of punishing the insolence of an orator
pleading in his Court. The records of the whole suit have to be signed
by you, and for this your consent is sought after the will of the
Judge has been explained.'
[Footnote 478: 'Pompa osculationis.' Another reading is 'Pompa
postulationis.']
[Footnote 479: 'Tu vitem tenes improbis minantem.' The allusion is to
the vine-bough, which was used in scourging. The alternative reading,
_vitam_, does not seem to give so good a sense.]
25. FORMULA RECOMMENDING THE PRINCIPES[480] TO THE COMES.
[Footnote 480: Plural. Apparently, therefore, each Count had more than
one Princeps, perhaps one for each large city in his Province.]
[Sidenote: Ad Commendandos Comiti Principes.]
'It is our glory to see you [a Goth, one of our own nation]
accompanied by a Roman official staff. Acting through such Ministers,
your power seems to be hallowed by the sanction of Antiquity.
'For to this point, by God's help, have we brought our Goths, that
they should be both well-trained in arms and attuned to justice. It is
this which the other races cannot accomplish; this that makes you
unique among the nations, namely, that you, who are accustomed to war,
are seen to live obedient to the laws side by side with the Romans.
Therefore from out of our _Officium_, we have decided to send A and B
to you, that according to ancient custom, while forwarding the
execution of your commands they may bring those commands into
conformity with the mind of past ages[481].'
[Footnote 481: 'Rationabili debeant antiquitate moderari.' Perhaps we
might translate, 'with the Common Law.']
26. FORMULA OF THE COUNTSHIP OF THE SECOND RANK IN DIVERS CITIES[482].
[Footnote 482: The title runs thus (in Nivellius' Edition): 'Formula
Comitivae Honorum Scientiae Ordinis diversarum Civitatum.' I do not
know what is meant by 'Honorum Scientiae.' Can 'Scientiae' be a
transcriber's blunder for 'secundi?']
[Sidenote: Comitiva diversarum civitatum.]
For the sentences, more than usually devoid of meaning, in which
Cassiodorus dilates on Free-will, Justice, and the mind of man, it may
be well to substitute Manso's description of this dignity (p. 379):
'By the title of a Count of the Second Order the Judges in little
towns appear chiefly to have been rewarded and encouraged. Those named
for it, however, can hardly have received any great distinction or
especial privileges, for Cassiodorus not only enumerates no civic
advantages thus secured to them, but expressly says, "We intend to
bestow better things than this upon you, if you earn our approbation
in your present office." He does not use this language to those
adorned with the _Comitiva Primi Ordinis_.'
27. FORMULA ADDRESSED TO THE DIGNIFIED CULTIVATORS AND CURIALES[483].
[Footnote 483: Cf. vi. 24.]
[Sidenote: Honorati Possessores et Curiales.]
'As one must rule and the rest obey, we have for this Indiction
conferred the Countship of your City on A B, that he may hear your
causes and give effect to our orders.'
[Apparently this letter and the preceding relate to the same
appointment. The words 'secundi ordinis' are not added to the title of
the new Count when his fellow-citizens are informed of it.]
28. FORMULA ANNOUNCING THE APPOINTMENT OF A COMES TO THE CHIEF OF HIS
STAFF[484].
[Footnote 484: This must, I think, be the meaning; but it is hard to
extract it from the words 'Formula Principis Militum Comitivae.']
[Sidenote: Princeps Militum Comitivae.]
'Judge and Court Officer (Praesul and Miles) are terms which involve
one another. The officers of the Court have no right to exist,
without the Judge; he is powerless without them to execute his
commands. We therefore think it well to inform you of our appointment
of A B as Count over your body[485]. It is no light benefit that so
long as you attend to your duty[486] you are allowed to elect the
examiners.'
[Footnote 485: 'Comitem Militiae Vestrae.']
[Footnote 486: 'Nec istud leve credatis beneficium, ut cum vos scitis
obsequium, vobis occurrat electio cognitorum.' For Cognitores, see
vii. 3. These Cognitores had virtually the decision of all 'issues of
fact,' and consequently their nomination was a very important matter.
I think the meaning of this passage is: 'I, the King, appoint the
_Comes_ (= Judex), and graciously inform you of my decision. But you
(the Officium) have the privilege--and it is no small one--of electing
the _Cognitores_.']
29. FORMULA CONCERNING THE GUARD AT THE GATES OF A CITY.
[Sidenote: De Custodiendis Portis Civitatis.]
'We entrust to you an important office, the care of the gate of such
and such a city. Do not keep it always shut--that were to turn the
city into a prison; nor let it always lie open--then the walls are
useless. Use your own judgment, but remember that the gate of a city
is like the jaws of the human body, through which provisions enter to
nourish it.'
30. FORMULA OF THE TRIBUNATE IN THE PROVINCES.
[Sidenote: Tribunatus Provinciarum.]
'It is right that one who has served his time in civil employment
should receive his reward, and we therefore appoint as your Tribune
the man who has a right to the office by seniority. You are to obey
him, since officers of this kind partake of the nature of Judges
[governors], as they are called to account for any excesses committed
by you.'
[Who this Tribune was--since the _Tribunus Voluptatum_ is apparently
out of the question--and how his jurisdiction fitted in to that of
other officers, Manso (p. 362) deems it impossible to decide, nor can
I offer any suggestion.]
31. FORMULA OF THE PRINCEPS OF THE CITY OF ROME.
[Sidenote: Formula Principatus Urbis Romae.]
'As there must be the _Officium_, of a Count in Rome, and as we want
to have our chief Princeps[487] near us [in Ravenna], we wish you to
take his place and wield power as his _Vicarius_ in Rome.
[Footnote 487: 'Principem nostrum _cardinalem_' (observe this use of
the word).]
'If you think that any of the _Comitiaci_ ought to be sent to attend
our Comitatus [at Ravenna], do so at your own discretion, retaining
those whom you think proper to retain at Rome. Let there be an
alternation, however, that one set of men be not worn out with
continuous labour, while the others are rusting in idleness.'
32. FORMULA OF THE MASTER OF THE MINT.
[Sidenote: Formula qua Moneta Committitur.]
'Great is the crime of tampering with the coinage; a crime against the
many--whose buying and selling is disturbed by it; and a crime and a
sacrilege against us, whose image is impressed on the coins.
'Let everything be pure and unalloyed which bears the impress of our
Serenity. Let the flame of gold be pale and unmixed, let the colour of
silver smile with its gracious whiteness, let the ruddy copper retain
its native glow.
'Coins are to keep their full weight. They used to pass current by
weight, not by tale, whence the words for profit and expenditure[488].
_Pecunia_ was named from cattle (pecus). You must see that our money
does not return to this low condition. King Servius first used
stamped money. Take then the care of the mint; hold it for five years,
and be very careful how you administer it.'
[Footnote 488: 'Compendium et dispendium' (from _pendere_, to weigh).]
33. FORMULA RESPECTING THE AMBASSADORS OF VARIOUS NATIONS.
[Sidenote: Formula Legatorum Gentium Diversarum.]
'Since it is important that when ambassadors return to their country
they should feel that they have been well treated in ours, hand the
enclosed _douceur_ (humanitas), and a certain quantity of fodder for
their horses, to the ambassadors of such and such a nation. Nothing
pleases those who have commenced their return journey better than
speeding them on their way.'
34. FORMULA OF SUMMONS TO THE KING'S COURT (UNSOLICITED).
[Sidenote: Formula Evocatoria quam Princeps dirigit.]
'We summon you by these presents to our Comitatus, that you may have
an extraordinary pleasure. Be brisk therefore, and come on such a day
to such a city. Our Palace longs for the presence of good men, and God
puts it into our hearts to give them a cordial reception.'
35. FORMULA OF SUMMONS TO THE COURT (SOLICITED).
[Sidenote: Formula Evocatoria quae petenti conceditur.]
'It is a sign of a good conscience to seek the presence of a just
ruler; it is only good deeds that crave the light of the sun. Come
then speedily. We consider our own glory augmented when we see noble
men flocking to our obedience.'
36. FORMULA GRANTING TEMPORARY LEAVE OF ABSENCE.
[Sidenote: Formula Commeatalis ad tempus.]
'All men require change: even honey cloys after a time. We therefore
give you leave to visit such a Province and remain there so many
months, with the understanding that when they are over you return to
the City. If it be tedious to live always in the City, how much more
to live long in the country! But we gladly give you this holiday, not
that Rome should be deserted, but that absence from her may commend
her to you all the more.'
37. FORMULA CONFERRING THE RANK OF A SPECTABILIS.
[Sidenote: Spectabilitas.]
'Wishing to bestow the right honours on the right man among our
subjects, we decorate you with the splendour of a _Spectabilis_, that
you may know that your opinion is duly respected[489] at all public
meeting-places, when you take your honoured seat among the nobles.'
[Footnote 489: 'Spectandam,' an allusion to the derivation of
_spectabilis_.]
38. FORMULA CONFERRING THE RANK OF A CLARISSIMUS.
[Sidenote: Clarissimatus.]
'The desire of praise is a good thing, and leads to the increase of
virtue. Receive the honour of the _Clarissimatus_, as a testimony to
the excellence of your past life and a pledge of your future
prosperity. Observe, you are not called _Clarus_, but _Clarissimus_.
Everything that is most excellent may be believed of him who is
saluted by such a splendid superlative.'
39. FORMULA BESTOWING 'POLICE PROTECTION.'
[Sidenote: Tuitio Regii nominis.]
'Though it seems superfluous to grant special protection to any of our
subjects, since all are shielded by the laws, yet moved by your cry
for help we are willing to relieve you and to give you as a strong
tower of defence the shelter of our name[490], into which you may
retire when wounded by the assaults of your enemies. This defence will
avail you alike against the hot-headed onslaughts [of the Goths] and
the ruinous chicanery [of the Romans][491]; but you must beware that
you, who have thus had to solicit the help of the law, do not yourself
set law at defiance by refusing to appear in answer to a summons.
[Footnote 490: 'Tuitio nostri nominis.']
[Footnote 491: 'Validissimam turrem contra inciviles impetus et
conventionalia detrimenta.']
'That our royal protection be not a mere name, we appoint A and B to
protect you by their fidelity and diligence, the former against the
Goths, and the latter against the Romans[492]. If any one hereafter
attempt any act of _incivilitas_ against you, you will see your desire
upon your enemies.'
[Footnote 492: 'Praesentis beneficii jussione adversus Gothis illa,
adversus Romanos illa, facile te fides et diligentia custodiet'
('custodivit' is surely an error).]
[This important letter is commented upon at some length by Dahn
('Könige der Germanen' iii. 125-127). I am not sure that he is right
in stating that _Tuitio_ against a Goth would _necessarily_ be given
by means of a Sajo, though evidently this was often the rank of the
officer employed.]
40. FORMULA FOR THE CONFIRMATION OF MARRIAGE AND THE LEGITIMATION OF
OFFSPRING.
[Sidenote: De Matrimonio confirmando et liberis legitime
constituendis.]
'An eternal benefit is that which is bestowed on a man's offspring;
and hard is the lot of him who, born with a stain on his name, finds
his troubles prepared as soon as he comes forth to the light of day.
'You pray that the woman whom you have loved but not married may
receive the honour of wedlock, and that your children by her may
attain the name of heirs. We grant your request, and ordain that your
mistress shall be your lawful wife, and the children whom you love
and whom Nature has given you, your successors.'
[Some of the maxims of this letter can hardly have obtained the
approval of the author after he 'entered religion.']
41. FORMULA CONFERRING THE RIGHTS OF FULL AGE.
[Sidenote: Aetatis venia.]
'An honourable boast is contained in the suit for "venia aetatis." In
it a young man says, "Give me those rights which my stability of
character warrants, though my age does not as yet entitle me to them."
'Thus you refuse the protection which the law throws round the years
of weakness, and this is as bold a thing as any man can do. We grant
your request; and if you can prove that you have come to the age at
which "venia aetatis" should be asked for, we ordain that, with the
proper formalities which have been of old provided in this
matter[493], you shall be admitted to all the rights of an adult, and
that your dispositions of property, whether in city or country, shall
be held valid[494]. You must exhibit that steadfastness of character
which you claim. You say that you will not be caught by the snares of
designing men; and you must remember that now to deny the fulfilment
of your promise will become a much more serious matter than
heretofore.'
[Footnote 493: 'Ut in foro competenti ea quae in his causis reverenda
legum dictat Antiquitas solenniter actitentur.']
[Footnote 494: 'Ita ut in alienandis rusticis vel urbanis praediis
constitutionum servitus auctoritas.']
42. FORMULA OF AN EDICT TO THE QUAESTOR ORDERING THE PERSON WHO ASKS
FOR THE PROTECTION OF A SAJO TO GIVE BAIL.
[Sidenote: Edictum ad Quaestorem, ut ipse spondere debeat qui Sajonem
meretur.]
'Heavy charges are sometimes brought against the Sajones whom with the
best intentions we have granted for the protection of our wealthy
subjects. We are told that the valour of the Sajo is employed not
merely for the protection of him to whom he is assigned, but for
illegal violence and rapine against that person's enemies. Thus our
remedy becomes itself a disease. To guard against this perversion of
our beneficent designs we ordain that anyone asking for the
guardianship of a brave Sajo against violence with which he feels
himself unable to cope, shall give a penal bond to our Officium, with
this condition, that if the Sajo[495] who is assigned to him shall
exceed our orders by any improper violence, he himself shall pay by
way of fine so many pounds of gold, and shall make satisfaction for
the damage sustained by his adversary as well as for the expenses of
his journey [to obtain redress]. For our wish is to repress uncivil
dispositions, not to injure the innocent. As for the Sajo who shall
have wilfully transgressed the limit of our commands, he shall lose
his donative, and--which is the heaviest of all punishments--our
favour also. Nor will we entrust any further duty to him who has been
the violator rather than the executor of our will.'
[Footnote 495: 'Sajus' in the original, and so in the next place where
it occurs.]
43. FORMULA APPROVING THE APPOINTMENT OF A CLERK IN THE RECORD-OFFICE.
[Sidenote: Probatoria Cartariorum.]
'At the suggestion of the Tribune of the Cartarii--to whom the whole
office pays fitting reverence--we bestow upon you the title of a
Cartarius. Flee avarice and avoid all unjust gains.'
[This letter gives no information as to the duties of a Cartarius, or,
as he is called in the Codes, Cartularius.]
44. FORMULA FOR THE GRANT OF PUBLIC PROPERTY ON CONDITION OF
IMPROVEMENT[496].
[Footnote 496: Formula de Competitoribus is the somewhat obscure title
of this document, which might perhaps be compared to our Commons'
Enclosure Acts.]
[Sidenote: De Competitoribus.]
'He who seeks to become owner of public property can only justify his
claim by making the squalid beautiful, and by adorning the waste.
Therefore, as you desire it, we confer upon you as your full property
such and such a place, reserving all mineral rights--brass, lead,
marbles--should any such be found therein; but we do this on the
understanding that you will restore to beauty that which has become
shabby by age and neglect. It is the part of a good citizen to adorn
the face of his city, and you may securely transmit to your posterity
that which your own labour has accomplished[497].'
[Footnote 497: 'Securus etiam ad posteros transmissurus, quod proprio
fuerit labore compositum.']
45. FORMULA OF REMISSION OF TAXES WHERE THE TAXPAYER HAS ONLY ONE
HOUSE, TOO HEAVILY ASSESSED.
[Sidenote: Formula qua census relevetur ei qui unam casam possidet
praegravatam.]
'You complain that the land-tax (tributum) levied upon your holding
(possessio) in such a Province is so heavy that all your means are
swallowed up in the swamp of indebtedness, and that more is claimed by
the tax-collectors than can be obtained from the soil by the
husbandman. You might, by surrendering the property altogether, escape
from this miserable necessity which is making you a slave rather than,
a landowner; but since the Imperial laws (sacratissimae leges) give us
the power to relieve a man of moderate fortune in such circumstances,
our Greatness, which always hath the cause of justice at heart,
decrees by these presents that if the case be as you say, the
liability for the payment of so many solidi on behalf of the aforesaid
property shall be cancelled in the public archives, and that this
shall be done so thoroughly that there shall be no trace of it left in
any copy of the taxing-rolls by which the charge may be revived at a
future day[498].'
[Footnote 498: 'Decernimus ut, si ita est, tot solidos tributario
supradictae possessionis ... ita faciatis de vasariis publicis
diligenter abradi ut hujus rei duplarum vestigium non debeat
inveniri.' Cf. what is said by Evagrius (iii. 39) of the proceedings
of Anastasius at the time of the abolition of the Chrysargyron.]
46. FORMULA LEGITIMATING MARRIAGE WITH A FIRST COUSIN.
[Sidenote: Formula qua consobrina legitima fiat uxor.]
'After the laws of the two tables, Moses adds the laws wherein God
forbids marriages between near kindred, to guard against incest and
provide for a wise admixture of divers strains of blood[499].
[Footnote 499: 'Ne dilationem providam in genus extraneum non
haberent.']
'These commands have been extended to remoter degrees of relationship
by the wise men of old, who have however reserved to the Prince the
power of granting dispensations from the rule in the cases (not likely
to be frequent) where first cousins (by the mother's side) seek to
intermarry.
'Acting on this wise principle we permit you to marry C D, if she is
of no nearer kinship to you than first cousin. By God's favour may you
have legitimate heirs from this marriage, which, our consent having
been obtained, is not blameable but praiseworthy.'
47. FORMULA ADDRESSED TO THE PRAETORIAN PRAEFECT DIRECTING THE SALE OF
THE PROPERTY OF A CURIALIS.
[Sidenote: Formula ad Praefectum, ut sub decreto Curialis praedia
vendat.]
'It is the hard lot of human nature often to be injured by the very
things which were intended as remedies. The prohibition against the
sale of the property of a Curialis was intended for his protection,
and to enable him fearlessly to discharge his share of the public
burdens. In some cases, however, where he has contracted large debts,
this prohibition simply prevents him from saving anything out of the
gulf of indebtedness. You have the power, after making due enquiry
into the circumstances, to authorise the sale of such a property. You
have the power; but as the proceeding is an unusual one, to guard you
against any odium to which it may expose you, we fortify your Eminence
by this our present command. Let the Curialis who petitions for this
relief satisfy you as to the cause of his losses, that it may be shown
that they are really the result of circumstances beyond his own
control, not due to his own bad character.
'Wisely has Antiquity laid upon _you_ the responsibility of deciding
cases of this kind, you whose advantage lies in the maintenance of the
Curia. For by whom could its burdens be borne, if the nerves of the
communities should everywhere be seen to be severed[500]?'
[Footnote 500: 'Quapropter provide vobis permisit antiquitas de illâ
causa decernere, cui est utile Curiam custodire. A quibus enim munia
petuerunt sustineri, si civitatum nervi passim videantur abscidi.']
BOOK VIII.
CONTAINING THIRTY-THREE LETTERS, ALL WRITTEN IN THE NAME OF ATHALARIC
THE KING, EXCEPT THE ELEVENTH, WHICH IS WRITTEN IN THE NAME OF TULUM.
1. KING ATHALARIC TO THE EMPEROR JUSTIN (A.D. 526).
[Sidenote: The accession of Athalaric announced to the Emperor
Justin.]
[Some MSS. read Justiniano, but there can be no doubt that Justino is
the right reading. Athalaric's accession took place August 30, 526;
the death of Justin, August 1, 527. Justinian was associated with his
uncle in the Empire, April 1, 527.]
'Most earnestly do I seek your friendship, oh most clement of Princes,
who are made even more illustrious by the wide extension of your
favours than by the purple robe and the kingly throne. On this
friendship I have an hereditary claim. My father was adorned by you
with the palm-enwoven robe of the Consul [Eutharic, Consul 519] and
adopted as a son in arms, a name which I, as one of a younger
generation, could more fittingly receive[501]. My grandfather also
received curule honours from you[502] in your city. Love and
friendship should pass from parents to their offspring, while hatred
should be buried in the tomb; and therefore with confidence, as one
who by reason of my tender years cannot be an object of suspicion to
you, and as one whose ancestors you have already known and cherished,
I claim from you your friendship on the same compacts and conditions
on which your renowned predecessors granted it to my lord and
grandfather of Divine memory[503]. It will be to me something better
than dominion to have the friendship of so excellent and so mighty a
ruler. My ambassadors (A and B) will open the purport of their
commission more fully to your Serenity.'
[Footnote 501: The text is evidently corrupt here: 'Genitor meus
desiderio quoque concordiae factus est per arma filius, quia unis
nobis pene videbatur aequaevus.' The suggested reading, 'quamvis
vobis,' does not entirely remove the difficulty.]
[Footnote 502: That is, of course, not from Justin himself but from
his predecessors.]
[Footnote 503: 'Ut amicitiam nobis illis pactis, illis conditionibus
concedatis, quas cum divae memoriae domino avo nostro inclytos
decessores vestros constat habuisse.']
2. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME ON HIS ACCESSION
(A.D. 526).
[Sidenote: To the Senate.]
'Great must be the joy of all orders of the State at hearing of the
accession of a new ruler, above all of a peaceful succession, without
war, without sedition, without loss of any kind to the Republic.
'Such has been our succession to our grandfather. On account of the
glory of the Amal race, which yields to none[504], the hope of our
youth has been preferred to the merits of all others. The chiefs,
glorious in council and in war, have flocked to recognise us as King
so gladly, so unmurmuringly, that it seems like a Divine inspiration,
and the kingdom has been changed as one changes a garment.
[Footnote 504: 'Quoniam quaevis claritas generis Amalis cedit.']
'The institution of royalty is consolidated when power thus passes
from one generation to another, and when a good prince lives again,
not in statues of brass but in the lineaments and the character of his
descendants.
'The general consent of Goths and Romans [at Ravenna] has crowned us
King, and they have confirmed their allegiance by an oath. You, though
separated from us by space, are, we know, as near to us in heart as
they; and we call upon you therefore to follow their example. We all
know that the most excellent fathers of the Senate love their King
more fervently than other ranks of the State, in proportion to the
greater benefits which they have received at his hand.
'And since one should never enter your Curia empty-handed, we have
sent our Count, the Illustrious Sigismer, with certain persons to
administer the oath to you. If you have any requests to make to us
which shall be for the common benefit of the Republic, make them
through him, and they are granted beforehand.'
3. KING ATHALARIC TO THE ROMAN PEOPLE (A.D. 526).
[Sidenote: To the citizens of Rome.]
'If a stranger to the royal line were succeeding to the throne, you
might doubt whether the friendship between him and you would endure,
and might look for a reversal of the policy of his predecessors. But
now the person of the King only, not his policy, is changed. We are
determined to follow the revered maxims of our predecessor, and to
load with even more abundant benefits those whom he most kindly
defended.
'Everything was so ordered by our glorious grandfather that on his
death the glad consent of Goths called us to our kingdom; and that no
doubt might remain upon the matter they pledged themselves by an oath
most cordially taken, to accept us as their ruler. We invite you to
follow their example, and like Trajan, we, the Sovereign, in whose
name all oaths are made, will also swear to you. The bearers of this
letter will receive your sworn promise, and will give you ours, "by
the Lord's help to observe justice and fair clemency, the nourisher of
the nations; that Goths and Romans shall meet with impartial
treatment at our hands; and that there shall be no other division
between the two nations, except that _they_ undergo the labours of war
for the common benefit, while _you_ are increased in numbers by your
peaceable inhabitancy of the City of Rome[505]." Raise then your
spirits, and hope for even better things and more tranquillity, under
God's blessing, from our reign than from that of our predecessor.'
[Footnote 505: 'Justitiam nos et aequabilem clementiam, quae populos
nutrit, juvante domino, custodire et _Gothis Romanisque apud nos jus
esse commune_, nec aliud inter vos esse divisum, nisi quod illi
labores bellicos pro communi utilitate subeunt, vos autem civitatis
Romanae habitatio quieta multiplicat.' I do not consider that the
words in Italics, taken with the context, are irreconcilable with
Dahn's view that the Goths were still, to a certain extent, under
Gothic law.]
4. KING ATHALARIC TO ALL THE ROMANS SETTLED IN ITALY AND THE DALMATIAS
(A.D. 526).
[Sidenote: To the Romans in Italy and Dalmatia.]
'He who hears of a change in the ruler is apt to fear that it may be a
change for the worse; and a new King who makes no kind promises at his
accession is supposed to be harbouring designs of severity. We
therefore inform you that we have received the oaths of Goths and
Romans and are ready to receive yours, which we doubt not you will
willingly offer.' [The rest as in the preceding letters.]
5. KING ATHALARIC TO ALL THE GOTHS SETTLED IN ITALY (A.D. 526).
[Sidenote: To the Goths.]
'Gladly would we have announced to you the prolonged life of our lord
and grandfather; but inasmuch as he has been withdrawn by hard fate
from us who loved him, he has substituted us, by Divine command, as
heirs of his kingdom, that through us his successors in blood, he
might make the benefits which he has conferred on you perpetual. And
in truth we hope not only to defend but to increase the blessings
wrought by him. All the Goths in the Royal City [Ravenna] have taken
the oaths to us. Do you do the same by this Count whom we send to you.
'Receive then a name which ever brought prosperity to your race, the
royal offshoot of the Amals, the sprout of the Balthae[506], a
childhood clad in purple. Ye are they by whom, with God's help, our
ancestors were borne to such a height of honour, and obtained an ever
higher place amid the serried ranks of kings[507].'
[Footnote 506: 'Amalorum regalem prosapiem, Baltheum germen.' I know
not how Athalaric had any blood of the Balths in his veins. The other
reading, 'blatteum,' gives the same idea as the following clause,
'infantiam purpuratam.']
[Footnote 507: 'Inter tam prolixum ordinem Regum susceperunt semper
augmenta.' Perhaps we should translate 'by such a long line of (Amal)
kings obtained advancement for their nation;' but the meaning is not
very clear.]
6. KING ATHALARIC TO LIBERIUS, PRAETORIAN PRAEFECT OF THE GAULS (A.D.
526).
[Sidenote: To the Governor of Gaul.]
'You will be grieved to hear of the death of our lord and grandfather
of glorious memory, but will be comforted in learning that he is
succeeded by his descendant. Thus, by God's command, did he arrange
matters, associating us as lords in the throne of his royalty, in
order that he might leave his kingdom at peace, and that no revolution
might trouble it after his death.'
[Invitation to take the oath, as in previous letters.]
7. KING ATHALARIC TO ALL THE PROVINCIALS SETTLED IN GAUL (A.D. 526).
[Sidenote: To the Gaulish subjects of Athalaric.]
'Our grandfather of glorious memory is dead, but we have succeeded
him, and will faithfully repay, both on his account and our own, the
loyalty of our subjects.
'So unanimous was the acclamation of our [Italian] subjects when we
succeeded to the throne, that the thing seemed to be of God rather
than of man.
'We now invite you to follow their example, that the Goths may give
their oath to the Romans, and the Romans may confirm it by a
_Sacramentum_ to the Goths, that they are unanimously devoted to our
King.'
'Thus will your loyalty be made manifest, and concord and justice
flourish among you.'
[There is an appearance of mutuality about this oath of allegiance as
between Goths and Romans, not merely by both to Athalaric, which we
have not had in the previous letters.]
8. KING ATHALARIC TO VICTORINUS, VIR VENERABILIS AND BISHOP[508] (A.D.
526).
[Footnote 508: Baronius says (vii. 121): 'Cujusnam Ecclesiae Antistes
fuerit Victorinus ignoratur.' From the tone of the letter one may
conjecture that Victorinus was a Bishop in Gaul.]
[Sidenote: To Bishop Victorinus.]
'Saluting you with all the veneration due to your character and
office, we inform you with grief of the death of our lord and
grandfather. But your sadness will be moderated when you hear that his
kingdom is continued in us. Favour us with your prayers, that the King
of Heaven may confirm to us the kingdom, subdue foreign nations before
us, forgive us our sins, and propitiously preserve all that He was
pleased to bestow on our ancestors. Let your Holiness exhort all the
Provincials to concord.'
9. KING ATHALARIC TO TULUM, PATRICIAN.
[Sidenote: Praises of Tulum, who is raised to the Patriciate.]
'As our grandfather used to refresh his mind and strengthen his
judgment by intercourse with you, so, _à fortiori_, may we in our
tender years do the same. We therefore make you, by this present
letter, Patrician, that the counsels which you give us may not seem to
proceed from any unknown and obscure source.
'Greece adorned our hero [Tulum] with the chlamys and the painted
silken buskin; and the Eastern peoples yearned to see him, because
for some reason civic virtues are most prized in him who is believed
to be of warlike disposition[509]. Contented with this repayment of
honour he laboured with unwearied devotion for foreign countries (?),
and with his relations (or parents) he deigned to offer his obedience
to the Sovereign, who was begotten of the stock of so many Kings[510].
[Footnote 509: Probably Tulum had gone on some embassy to
Constantinople.]
[Footnote 510: 'Hac igitur honoris remuneratione contentus, pro
exteris partibus indefessa devotione laboravit: et praestare com suis
parentibus principi dignabatur obsequium, qui tantorum regum fuerat
stirpe procreatus.' This sentence is full of difficulties. What can he
mean by the labour 'pro exteris partibus?' Who is the 'Princeps' whom
Tulum deigns to serve: the Eastern Emperor or Theodoric? Above all,
who is 'tantorum regum stirpe procreatus?' I think the turn of the
sentence requires that it should be Tulum; but Dahn has evidently not
so understood it, for in his Könige der Germanen (iii. 29, 30) he
makes Tulum a conspicuous example of a man not of noble birth raised
to high dignity, and says that the two long letters about him in the
Variae contain no allusion to illustrious descent.]
[After some very obscure sentences, in which the writer appears to be
celebrating the praises of Theodoric, he turns to Tulum, of whom he
has hitherto spoken in the third person, and addresses him as _you_.]
'His toil so formed your character that we have the less need to
labour. With you he discussed the sure blessings of peace, the
doubtful gains of war; and--rare boon from a wise King--to you, in his
anxiety, he confidently opened all the secrets of his breast. You,
however, responded fully to his trust. You never put him off with
doubtful answers. Ever patient and truthful, you won the entire
confidence of your King, and dared even, hardest of all tasks, to
argue against him for his own good.
'Thus did your noble deeds justify your alliance with the Amal race
[apparently he has received an Amal princess in marriage], and thus
did you become worthy to be joined in common fame with Gensemund, a
man whose praises the whole world should sing, a man only made son by
adoption in arms to the King, yet who exhibited such fidelity to the
Amals that he transferred it even to their heirs, although he was
himself sought for to be crowned[511]. Therefore will his fame live
for ever, so long as the Gothic name endures.
[Footnote 511: 'Exstat gentis Gothicae hujus probitatis exemplum:
Gensemundus ille toto orbe cantabilis, solum armis filius factus,
tanta se Amalis devotione conjunxit ut haeredibus eorum curiosum
exhibuerit famulatum, quamvis ipse peteretur ad regnum.' Dahn (ii. 61
and iii. 309) and Köpke (p. 142) refer this mysterious affair of
Gensemund's renunciation to the interval after the death of Thorismund
(A.D. 416). But this is mere conjecture. See Italy and her Invaders
iii. 8-10.]
'We look for even nobler things from you, because you are allied to us
by race.'
[A singularly obscure, vapid, and ill-written letter. The allusion to
Gensemund seems introduced on purpose to bewilder the reader.]
10. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.
[On the elevation of Tulum to the Patriciate.]
[Sidenote: The same subject.]
'We are conferring new lustre on your body by the promotion of Tulum.
A man sprung from the noblest stock[512] he early undertook the duties
of attendance in the King's bedchamber[513], a difficult post, where
the knowledge that you share the secret counsels of royalty itself
exposes you to enmity.
[Footnote 512: 'Primum, quod inter nationes eximium est, Gothorum
nobilissima stirpe gloriatur.']
[Footnote 513: 'Statim rudes annos ad sacri cubiculi secreta
portavit.']
'In the dawn of manhood he went forth with our army to the war of
Sirmium [A.D. 504], showed what one of our young nobles bred in peace
could do in war, triumphed over the Huns[514], and gave to slaughter
the Bulgarians, terrible to the whole world. Such warriors do even our
nurseries send forth: thus does the preparation of a courageous heart
supersede the necessity for martial training[515].
[Footnote 514: We do not hear from the other authorities of Huns being
engaged in this war. In 505 Mundo the Hun was in alliance with
Theodoric against the Empire.]
[Footnote 515: 'Tales mittunt nostra cunabula bellatores: sic paratae
sunt manus, ubi exercetur animus.']
'Returned to the Court he became the most intimate counsellor of the
King, who arranged with him all his plans for campaign, and so
admitted him to his most secret thoughts that Tulum could always
anticipate how Theodoric would act in every fresh conjuncture of
events; and it may be said "by offering him counsel he ruled the
King[516]."
[Footnote 516: 'Et ministrando consilium regebat ipse Rectorem.']
'He then distinguished himself in the Gaulish campaign [A.D. 508],
where he was already enrolled among the generals, directing the
campaign by his prudence, and bravely sharing its dangers. In the
fierce fight which was waged at Arles for the possession of the
covered bridge across the Rhone[517], the bravery of our _candidatus_
was everywhere conspicuous, and he received many honourable wounds,
those best and most eloquent champions of a soldier's courage.
[Footnote 517: 'Arelate est civitas supra undas Rhodani constituta,
quae in Orientis prospectum tabulatum pontem per nuncupati fluminis
dorsa transmittit.']
'But a general ought not to be always fighting. I have pleasure in
relating his next success, which was brilliant yet achieved without
bloodshed. When the Frank and Burgundian again fell out, he was sent
to Gaul [A.D. 523] to defend our frontier from hostile incursion. He
then obtained for the Roman Republic, without any trouble, a whole
Province while others were fighting. It was a triumph without a
battle, a palm-branch without toil, a victory without slaughter.
'So great were his services in this campaign that Theodoric considered
that he ought to be rewarded by the possession of large lands in the
district which he had added to our dominions.
'A storm overtook him on his return to Italy: the remembrance of the
vanished danger of that storm is sweet to us now[518]. In the wide,
foaming sea his ship was swallowed up. He had to save himself by
rowing; the sailors perished; he alone with the dear pledge of his
love [one child?] escaped. Theodoric rushed to the shore, and would
have dashed into the waves to save his friend, but had the delight of
receiving him unharmed, saved manifestly by Divine protection for his
present honours.
[Footnote 518: 'Discrimina dum feliciter cedunt, suavissimae memoriae
sensum relinquunt.' Compare Claudian (De Bella Getico 207-8):
'An potius meminisse juvat semperque vicissim
Gaudia praemissi cumulant inopina dolores.']
'Favour then, Conscript Fathers, the ambition of our _candidatus_, and
open for the man of our choice the Hall of Liberty[519]. The race of
Romulus deserves to have such martial colleagues as Tulum.'
[Footnote 519: 'Favete nunc auspiciis candidati, et viris nostris
libertatis atria reserate.']
11. TULUM, ILLUSTRIS AND PATRICIAN, TO THE SENATE OF THE CITY OF ROME.
[Note that Cassiodorus has to provide an elegant oration not only for
his master, but for this Gothic fellow-minister of State. See Dahn's
remarks on the writer of this letter, 'Könige der Germanen' iii. 273.]
[Sidenote: Tulum's address to the Senate.]
'I pray you to receive favourably the order of the King which makes me
a member of your body.
'I have ever favoured the dignity of the Senate, as if with a
prescience that I should one day hold it. When I shared the counsels
of Theodoric, that chief of Kings, of glorious memory, I often by my
intercessions obtained for members of your body Consulships,
Patriciates, Praefectures; and now, behold, I am similarly honoured
myself. Reflect, I pray, that by my accepting it, the genius of the
Patriciate is exalted, since none of my fellow-countrymen will hold
cheaply that rank in you which he sees honoured in me. Live in
security, by the blessing of God; enjoy your prosperity with your
children; and strive, now as always, to show forth the true Roman type
of character. I shall defend those with whom I am now associated.'
12. KING ATHALARIC TO ARATOR, VIR ILLUSTRIS.
[Bestowing on him the rank of Comes Domesticorum.]
[I have altered the order of subjects in this letter, to make it
correspond with that of time. There cannot be much doubt that Arator's
_pomposa legatio_ from Dalmatia was his first introduction to the
Court of Theodoric, and preceded his employment as Advocatus.]
[Sidenote: Arator made Count of the Domestics.]
'By raising Tulum to the Patriciate we have provided for the military
strength of the State. Now must we see to it that she is equally
adorned by the glory of letters, and for this purpose we raise you,
still in the prime of life, to the rank of _Comes Domesticorum_. By
your example it was seen that eloquence could be acquired elsewhere
than at Rome, since in your own Province [probably Dalmatia] your
father, who was an extremely learned man, taught you to excel in this
art: a happy lot for you, who obtained from your father's love that
accomplishment which most youths have to acquire with terror from a
master.
'That I may say something here of a very _recherché_ character[520], I
may mention that, according to some, letters were first invented by
Mercury, who watched the flight of cranes by the Strymon, and turned
the shapes assumed by their flying squadron into forms expressive of
the various sounds of the human voice.
[Footnote 520: 'Ut aliquid studiose exquisitum dicere videamur.']
'You were sent upon a stately embassy[521] by the Provincials of
Dalmatia to our grandfather; and there, not in commonplace words but
with a torrent of eloquence, you so set forth their needs and the
measures which would be for the advantage of the public, that
Theodoric, a man of cautious temperament, listened to your flow of
words without weariness, and all men desired still to listen, when you
ceased speaking.
[Footnote 521: 'Juvat repetere pomposam legationem.']
'[Since then] you have filled the office of Advocate in our Court. You
might have been a trier of causes (Cognitor): you have preferred to be
a pleader, though to all your advocacy you have brought so fair and
judicial a mind that your eloquence and your zeal for your client have
never exceeded the bounds of truth.'
13. KING ATHALARIC TO AMBROSIUS.
[Conferring on him the Quaestorship.]
[This Ambrosius, son of Faustinus, is apparently the same to whom
Ennodius addressed his 'Paraenesis Didascalica,' containing some
important notices of Festus, Symmachus, Boethius, Cethegus, and their
contemporaries. (In Migne's 'Patrologia' lxiii. 250.)]
[Sidenote: Ambrosius appointed Quaestor.]
'A steady gradation of honours secures good servants for the State.
You have already served with credit the office of Count of the Private
Largesses. And you have also filled satisfactorily the place of a high
official who was dismissed in disgrace[522]. We now therefore promote
you to the office of Quaestor, and expect you to be the Pliny to the
new Trajan. Let your eloquent tongue adorn all that we have to say,
and be fearless in suggesting to us all that is for the welfare of the
State. A good Sovereign always allows his ministers to speak to him on
behalf of justice, while it is the sure mark of a tyrant to refuse to
listen to the voice of the ancient maxims of law. Remember that
celebrated saying of Trajan to an orator: "Plead, if I am a good
ruler, for the Republic and me; if I am a bad one, for the Republic
against me[523]." But remember, that if we are thus severe upon
ourselves we are equally strict with regard to you, and expect you to
follow the example of your noble ancestors, and to abstain from
everything like an infraction of the laws. We confer upon you the
insignia of the Quaestorship for this fifth Indiction' [Sept. 1,
526--Sept. 1, 527].
[Footnote 522: 'Gratiam quoque loci alterius invenisti. Dictationibus
enim probaris adhibitus, cum sit offensionibus alter expulsus: et ita
suspensum honorem tuum sustinebat ingenium, ut Palatio non sineres
decesse Judicem, cujus ad tempus abrogatam cognovimus dignitatem.' I
do not think we can say from this what the office temporarily filled
by Arator was.]
[Footnote 523: 'Sume dicationem, si bonus fuero, pro Republica et me:
si malus, pro Republica in me.']
14. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.
[On the elevation of Ambrosius to the Quaestorship].
[Sidenote: The same subject.]
'As a kind of door to our royal favour do we appoint Ambrosius to be
our Quaestor. You know his merits of old: but, to speak only of recent
matters[524], we may remind you that when your hearts were wrung with
grief for the death of our glorious grandfather, it was by his mouth
that we assured you of our determination to continue to you the
blessings of good government.
[Footnote 524: 'Quando et moderna quae loquimur.' (Notice again
_moderna_.)]
'The presence of Ambrosius is full of dignity, and has a soothing
influence which the words of his speech do but confirm[525]. It is
unfortunate for an orator to have eloquence for his only gift, and to
have to obliterate by his oration the unfavourable effect produced on
the multitude by his appearance.
[Footnote 525: So the contemporary poet Maximian, speaking of his own
past successes as an orator, and a good-looking one, says:
'Nec minor his aderat sublimis gratia formae
Quae vel si decent cetera, muta placet.'
Elegiae i. 17-18.]
'We consider it not necessary to praise his eloquence. Of course a
Quaestor is eloquent. While some have the government of a Province
committed to them, others the care of the Treasury, he receives the
ensigns of his dignity in order that by him his Sovereign's fame may
be spread abroad through the whole world.'
15. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.
[On the election of Pope Felix III, 526.]
[As this letter has an important bearing on the royal rights in
connection with Papal elections, it is translated in full.]
[Sidenote: Election of Pope Felix III (or IV).]
'We profess that we hear with great satisfaction that you have
responded to the judgment of our glorious lord and grandfather in your
election of a Bishop. It was right in sooth to obey the will of a good
Sovereign, who, handling the matter with wise deliberation, although
it had reference to a form of faith alien from his own[526], thought
fit to select such a Pontiff as could rightfully be displeasing to
none. You may thus recognise that his one chief desire was that
Religion might flourish by good priests being supplied to all the
churches.
[Footnote 526: 'Qui sapienti deliberatione pertractans quamvis in
aliena religione.']
'You have received then a man both admirably endowed with Divine grace
and approved by royal scrutiny. Let no one any longer be involved in
the old contention. There is no disgrace in being conquered when the
King's power has helped the winning side. That man makes him [the
successful candidate] his own, who manifests to him pure affection.
For what cause for regret can there be, when you find in this man,
those very qualities which you looked for in the other when you
embraced his party?
'These are family quarrels[527], a battle without cold steel, a
contest without hatred: by shouts, not wounds, a matter like this is
decided.
[Footnote 527: The words of Cassiodorus are, 'crinea sunt ista
certamina.' No one seems able to suggest a meaning for _crinea_. The
editors propose to read _civica_, which however is very flat, and not
exactly in Cassiodorus' manner. I suspect some recondite classical
allusion, which has been missed by the transcribers, has led to the
corruption of the text.]
'For even though the person who is desired be taken from you, yet
naught is lost by the faithful, since the longed-for priesthood is
possessed by them. [They have a Pope, if not just the Pope whom they
wished for.] Wherefore on the return of your Legate, the Illustrious
Publianus, we have thought it right to send to your assembly these
letters of salutation. For we taste one of our highest pleasures when
we exchange words with our nobles; and we doubt not that this is very
sweet to you also, when you reflect that what you did by our
grandsire's order is personally agreeable to ourselves.'
[For remarks on this important letter see Dahn's 'Könige der Germanen'
iii. 239. He makes it a simple appointment of the Pope by the bare
will of Theodoric, afterwards confirmed by Athalaric. To me it seems
more probable that there had been a contest, threatening the election
of an antipope (as in 498 in the case of Symmachus and Laurentius),
and that the matter had been, as on that occasion, referred to the
arbitration of Theodoric.]
16. KING ATHALARIC TO OPILIO, COUNT OF THE SACRED LARGESSES (527).
[Sidenote: Opilio appointed Comes Sacrarum Largitionum.]
'It is generally necessary to weigh carefully the merits of a new
aspirant to the honours of the Court (aulicas dignitates); but in your
case the merits of your family render this examination needless. Both
your father and brother held the same office[528] which we are now
entrusting to you, and one may say that this dignity has taken up its
abode in your house.
[Footnote 528: 'Pater his fascibus praefuit sed et frater eadem
resplenduit claritate.']
'You learned the duties of a subordinate in the office under your
brother; and often did he, leaning upon you as on a staff, take a
little needful repose, knowing that all things would be attended to by
you. The crowds of suppliants who resorted to him with their
grievances, shared the confidence which the people had in you, and saw
that you were already assuming the character of a good judge.
'Most useful also were your services to the throne at the commencement
of the new reign, when men's minds were in trouble as to what should
happen next. You bore the news of our accession to the Ligurians, and
so strengthened them by your wise address that the error into which
they had been betrayed by the sun-setting was turned into joy at the
rising of our empire[529].'
[Footnote 529: 'Nam cum ... auspicia nostra Liguribus felix portitor
nuntiasti, et sapientiae tuae allocutione firmasti, in errorem _quem
de occasu conceperant_, ortum nostri imperii in gaudia commutabant.'
Does this obscure passage indicate some revolutionary movements in
Liguria after the death of Theodoric, perhaps fomented by the Frankish
neighbours of Italy?]
'We therefore confer upon you the dignity of Count of the Sacred
Largesses from this sixth Indiction (Sept. 1, 527). Enjoy all the
privileges and emoluments which belonged to your predecessors. God
forbid that those whose own actions are right should be shaken by any
machinations of calumny. There was a time when even Judges were
harassed by informers (delatores); but that time is over. Lay aside
then all fear, you who have no errors to reproach yourself with, and
freely enjoy the advantages of your dignity. Imitate your brother:
even though a little way behind him you will still be before most
holders of the office. He was a man of the highest authority and of
proved constancy, and the highest testimony to his merits was afforded
by the fact that even under a successor who was hostile to him the
whole official staff of the palace was loud in his praises[530].'
[Footnote 530: 'Quando sub ingrato successore palatinum officium
praeconia ejus tacere non potuit.']
[This letter is of great importance, as containing indirectly the
expression of Cassiodorus' opinion on the trial of Boethius, and the
tendency of that opinion seems to be against him and in favour of his
accusers. Comparing this letter with v. 40, addressed to Cyprian,
Cornes Sacrarum Largitionum and _son of Opilio_, we may with something
like certainty construct this genealogical table:
OPILIO,
C.S.L. (? son of the Consul of 453).
_________________|_________________
| |
CYPRIAN, OPILIO,
C.S.L. 524. C.S.L. 527.
Now Cyprian, whose ready wit and ingenious eloquence had rendered him
a favourite with Theodoric, is represented to us in the 'Philosophiae
Consolatio' of Boethius (I. iv.) and in the 'Anonymus Valesii' (85) as
the informer by whom Albinus and Boethius were accused of high
treason. Opilio too (no doubt the same as the receiver of this letter)
is described by Boethius (loc. cit.) as a man who on account of his
numberless frauds had been ordered by the King to go into banishment,
had taken refuge at the altar, and had been sternly bidden to leave
Ravenna before a given day, and then had purchased pardon by coming
forward as a _delator_ against Boethius.
Against all this passionate invective it is fair to set this
remarkable letter of Cassiodorus, written it is true in the young
King's name and presenting the Court view of these transactions, but
still written after the death of Theodoric, and perhaps republished by
Cassiodorus in the 'Variarum' after the downfall of the Gothic
Monarchy. In any case the allusions to _delatores_ in this letter,
considering the history of Opilio and his brother, are extraordinary.]
17. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.
[Sidenote: The same subject.]
This letter, though it does not mention the name of Opilio, is
evidently written on his promotion to the office of Comes Sacrarum
Largitionum. It enumerates his good qualities, and declares that it is
marvellous and almost fortunate for Athalaric that so suitable a
candidate should not have been promoted in the reign of his
grandfather. The father of Opilio was a man of noble character and
robust body, who distinguished himself by his abstinence from the
vices of the times and his preference for dignified repose in the
stormy period of Odovacar[531].
[Footnote 531: 'Adjectis saeculi vitiis, ditatus claris honoribus.'
The text is evidently corrupt. 'Abjectis' seems to be required; but
some MSS. instead of 'vitiis' read 'Odovacris.' In any case Odovacar's
government is evidently alluded to. Cf. the words used of the same man
in the letter announcing the elevation of his other son, Cyprian (v.
41): 'Nam pater huic, sicut meministis, Opilio fuit, vir quidem
_abjectis temporibus_ ad excubias tamen Palatinas electus.']
'He was reputed an excellent man in those times, when the Sovereign
was not a man of honour[532]. But why go back to his parentage, when
his brother has set so noble an example. The friendship, the rivalry
in virtue of these two brothers, is worthy of the good old times. Both
are true to their friends; both are devoid of avarice. Both have kept
their loyalty to their King unspotted, and no marvel, since they have
first shown themselves true to their friends and colleagues.
[Footnote 532: 'His temporibus habitus est eximius, cum princeps non
esset erectus.']
'Distinguished by these virtues, our candidate has been fittingly
allied by marriage with the noble family of Basilius[533].
[Footnote 533: This is probably the Basilius who was concerned in the
accusation of Boethius (Phil. Cons. I. iv.); possibly the Consul of
541, who fled to Constantinople when Totila took Rome in 546 (Procop.
De Bello Gotthico iii. 20, and Anastasius Lib. Pontif. apud Murator.
iii. 132); and perhaps the Basilius whom we find in trouble in
Variarum iv. 22, 23: scarcely the Basilius of Variarum ii. 10, 11.]
'He has managed his private affairs so as to avoid the two extremes of
parsimony and extravagance. He has become popular with the Goths by
his manner of life, and with the Romans by his righteous
judgments[534]; and has been over and over again chosen as a referee
(Judex privatus), thus showing the high opinion in which his integrity
is held.
[Footnote 534: 'Gentiles victu (?), Romanos sibi judiciis obligabat.']
'The Conscript Fathers are exhorted to endorse the favourable judgment
of the King, by welcoming the new Count of Sacred Largesses into their
body.'
[In view of these letters I do not understand what Gibbon means by
saying (cap. xxxix. _n._ 95), 'The characters of the two delators,
Basilius ('Var.' ii. 10, 11; iv. 22) and Opilio (v. 41; viii. 16), are
illustrated, not much to their honour, in the Epistles of
Cassiodorus.' This is quite true of Basilius, if the person alluded to
in the references given by Gibbon be the same as the informer against
Boethius, of which there may be a doubt; but Opilio is mentioned, as
we see, with the highest honour by Cassiodorus. So, too, is Decoratus,
whom in the same note Gibbon too hastily stigmatises as 'the worthless
colleague of Boethius.']
18. KING ATHALARIC TO FELIX, QUAESTOR (527).
[This cannot be the same as the Consul of 511, nor even his son; for
that Felix was of Gaulish extraction, and came from beyond the Alps.]
[Sidenote: Promotion of Felix to the Quaestorship.]
'It is desirable that those who are appointed as Judges should know
something of law, and most unfitting that he whom so many officials
(_milites_) obey should be seen to be dependent for his law on some
one of his subordinates.
'You long ago, when engaged in civil causes as an Advocate, were
marked out by your Sovereign's eye[535]. He noted your eloquence, your
fidelity, your youthful beauty, and your maturity of mind. No client
could ask for more devotion than you showed in his cause; no Judge
found in you anything to blame.
[Footnote 535: 'Dudum te forensibus negociis insudantem, _oculus
imperialis_ aspexit'--an expression which goes very near to styling
Theodoric Imperator.]
'Receive then now the dignity of Quaestor for this sixth Indiction
(Sept. 1, 527), and judge in the Courts where hitherto you have
pleaded.
'You are called Felix; act so as always to merit that name; for it is
absurd to have a name which denotes one thing and to display the
opposite in one's character. We think we have now said enough for a
man of your good conscience. Many admonitions seem to imply a doubt of
the character of him who receives them.' [A maxim often forgotten by
Cassiodorus.]
19. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.
[On the promotion of Felix.]
[Sidenote: The same subject.]
'As the sky with stars, or the meadow with flowers, so do we wish the
Senate to be resplendent with the men of eminence whom we introduce
into it. It is itself a seminary of Senators; but our favour and the
dignities of our Court also rear them.
'The Quaestorship is the true mother of the senatorial dignity, since
who can be fitter to take his seat in the Curia than he who has shared
the counsels of his Sovereign?
'You know the eloquence of our candidate [Felix], his early triumphs,
his modesty, his fidelity. To leave such a man unpromoted were a
public loss; and he will always love the laws by the practice of which
he has risen to eminence.
'Nor is he the first of his race to earn rhetorical distinction. His
father shone so brilliantly in the Forum of Milan, that he bloomed
forth with undying fruits from the soil of Cicero[536]. He stood
against Magnus Olybrius, he was found equal in fluency to
Eugenius[537] and many others whom Rome knew as foremost in their
art. If the transmission of material wealth by long descent makes men
noble, how much more should the inheritance of the treasures of the
intellect give nobility.'
[Footnote 536: 'Pater ita in Mediolanensi foro resplenduit, ut aeterno
fructu e Tulliano cespite pullularet.']
[Footnote 537: 'Is palmarum Eugenetis linguae ubertate suffecit.'
Possibly this is the Magister Officiorum of Var. i. 12, and the person
to whom is addressed a letter of Ennodius (iv. 26). The form
Eugenetis, instead of Eugenii, belongs to the debased Latinity of the
age.]
20. KING ATHALARIC TO ALBIENUS, VIR ILLUSTRIS AND PRAEFECTUS
PRAETORIO[538] (527).
[Footnote 538: In Nivellius' edition the title of this office is given
as _Praepositus_.]
[Sidenote: Albienus made Praetorian Praefect.]
'Your predecessor has been the model of a bad governor. As the North
wind clears the face of the sky from the rain and clouds brought by
the South wind, so do we look to you to repair the evils wrought by
his misgovernment. In all things your best maxim will be to do exactly
the opposite of what he did. He made himself hateful by his unjust
prosecutions: do you become popular by your righteous deeds. He was
rapacious: be you moderate. Soothe and relieve the harassed people
entrusted to your charge. Receive for this sixth Indiction [Sept. 1,
527-528] the fasces of the Praefecture, and let the office of
Praetorian Praefect return to its ancient fame, an object of praise to
the whole world[539]. This office dates from Joseph, and rightly is he
who holds it called by our laws Father of the Provinces, Father of the
Empire.
[Footnote 539: 'Redeat ad nomen antiquum Praefectura illa Praetorii,
toto orbe laudabilis.' Is it possible that there had been some attempt
to change the _title_ of the Praefect, which accounts for the
_Praepositus_ which in some MSS. we find in the heading of this
letter?]
'See that you avoid all unjust exactions. We cannot bear that our
Treasury should be filled by unrighteous means.
'Your descent from a father who has held the same high office, and
your intimate knowledge of the _Dicta prudentum_, warrant us in
believing that you will make a good judge.'
[I have not been able to find any hint of the name of the Praefectus
Praetorio for 526-527, so bitterly condemned in this letter. As he may
have held office for some years, his misgovernment may have been
connected with the death of Boethius (524). Can we connect him with
the Trigguilla 'Regiae Praepositus Domus' whose injustice is denounced
by Boethius ('Phil. Cons.' i. 4)?]
21. KING ATHALARIC TO CYPRIAN, PATRICIAN.
22. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.
[Sidenote: Cyprian's elevation to the Patriciate.]
In these two letters the high character and distinguished services of
Cyprian are commemorated. 'Under Theodoric he distinguished himself
both in war and peace. At the time of the war of Sirmium he was
conspicuous both in his resistance to the fiery onslaught of the
Bulgarians and in his active pursuit of them when their ranks were
broken[540]. He then filled, with great credit to himself, the office
of Referendarius[541]. Great was the responsibility of exercising
peaceful as well as warlike offices under such a master as Theodoric.
In fact the training for one was helpful for the other, since it
required a soldier's courage and promptness to be always ready with a
truthful and accurate reply to that keen, firm-minded ruler of
men[542].
[Footnote 540: 'Vidit te adhuc gentilis' (still under the dominion of
the Gepidae) 'Danubius bellatorem: non te terruit Bulgarorum globus,
qui etiam nostris erat praesumptione certaminis obstaturus. Peculiare
tibi fuit et renitentes Barbaros aggredi, et conversos terrore
sectari. Sic victoriam Gothorum non tam numero quam labore juvisti.']
[Footnote 541: For a description of his services in this function, see
Var. v. 40.]
[Footnote 542: This is evidently the meaning; but something seems to
have dropped out of the text.]
'Thence he was promoted to the dignity of Count of the Sacred
Largesses, a post well suited to his pure, self-restrained
character[543]. He is now growing old in body, but ever young in fame,
and the King heartily wishes him increase of years to enjoy his
renown.
[Footnote 543: 'Hoc est laborum tuorum aptissimum munus: quam sic
castâ sic moderatâ mente peregisti ut majora tibi deberi faceres,
quamvis eam in magna praemia suscepisses.']
'Rightly, too, is there now conferred upon him the dignity of
_Patricius_, since he is the father of such noble sons, men whose
childhood was passed in the palace under the very eye of Theodoric
(thus like young eagles already learning to gaze upon the sun), and
who now cultivate the friendship of the Goths, learn from them all
martial exercises, speak their language, and thus give evident tokens
of their future fidelity to the Gothic nation[544].
[Footnote 544: 'Relucent etiam gratia gentili, nec cessant armorum
imbui fortibus institutis. _Pueri stirpis Romanae nostra linguâ
loquuntur; eximie indicantes exhibere se nobis futuram fidem, quorum
jam videntur affectasse sermonem.... Variis linguis loquuntur
egregie_, maturis viris communione miscentur.']
'The Senate is therefore exhorted to welcome its thus promoted
colleague, who at each accession of rank has shown himself yet
worthier of his high place, and whom grandfather and grandson have
both delighted to honour. Thus will it renew the glories of the Decii
and the Corvini, who were its sons in the days of old.'
[The subject of these letters is indisputably the same Cyprian whom
the 'Anonymus Valesii' speaks of as suborning false witnesses against
Albinus and Boethius, and of whom the latter says ('Phil. Cons.' i.
4): 'Ne Albinum, Consularem virum praejudicatae accusationis poena
corriperet, odiis me Cypriani delatoris opposui.' Compare the remarks
made on Letters 16 and 17; and remember that this letter was composed
three years after the death of Boethius, when Theodoric also was dead,
and his daughter was only too willing to retrace his steps, in all
that concerned the severities of the latter years of his reign. For
the pedigree of Cyprian see p. 363.]
23. KING ATHALARIC TO BERGANTINUS, VIR ILLUSTRIS AND COMES PATRIMONII.
[Sidenote: Gifts to Theodahad.]
'Kings should always be generous, but especially to those of their own
family.
'Therefore we desire your Greatness to transfer the farms herein
described, to the exalted and most honourable Theodahad, weighing out
to him so many solidi, out of that which was formerly the patrimony of
his magnificent Mother; and we guarantee to him the absolute ownership
of such farms, free from any claims to the inheritance on our
part[545].
[Footnote 545: 'Atque ideo illustrem magnitudinem tuam praecelso atque
amplissimo viro Theodahado massas subter annexas, tot solidos
pensitantes, ex patrimonio quondam magnificae foeminae matris ipsius,
praecipimus reformari, ejus feliciter dominio plenissime vendicandas,
cujus successionis integrum jus in ea qua praecipimus parte largimur.'
According to Dahn (Könige der Germanen iv. 60-61), these lands had
been given in her lifetime by Theodahad's mother to the King, and are
now begged for by Theodahad. But why 'tot solidos pensitantes?' Why
should Theodahad receive both land and money? There seems no authority
for translating 'pensitantes' receiving. Probably the solidi thus paid
to him are mesne rents received by the King and accounted for to
Theodahad. On the whole affair cf. Procopius, De Bello Gotthico i. 4.]
'We trust to his sincerity and good faith, that in the future he will
deserve the remainder of the above-mentioned patrimony, with the
addition of the whole quantity[546].
[Footnote 546: 'De cujus fide ac synceritate praesumimus, ut sequenti
tempore reliqua supra memorati patrimonii cum omni adjecta quantitate
mereatur.' This sentence is to me quite unintelligible.]
'What can we deny to such a man, whose obedience might claim a higher
reward even were he not our cousin--a man who is not puffed up by any
pride of his noble birth, humble in his modesty, always uniform in his
prudence? Therefore instruct the Cartarii of your office to make over
the aforesaid farms to his Actores without delay[547].'
[Footnote 547: Cf. the formalities connected with Odovacar's deed of
gift to Pierius (Marini, Pap. Diplom. 82, 83), quoted in Italy and her
Invaders iii. 165.]
24. KING ATHALARIC TO THE CLERGY OF THE ROMAN CHURCH.
[Sidenote: Ecclesiastical immunities.]
'For the gift of kingly power we owe an infinite debt to God, whose
ministers ye are.
'Ye state in your tearful memorial to us that it has been an ordinance
of long custom that anyone who has a suit of any kind against a
servant of the sacrosanct Roman Church should first address himself to
the chief Priest of that City, lest haply your clergy, being profaned
by the litigation of the Forum, should be occupied in secular rather
than religious matters. And you add that one of your Deacons has, to
the disgrace of religion, been so sharply handled by legal process
that the Sajo[548] has dared actually to take him into his own
custody.
[Footnote 548: In the text, 'Sajus.']
'This dishonour to the Ministers of holy things is highly displeasing
to our inborn reverence, yet we are glad that it gives us the
opportunity of paying part of our debt to Heaven.
'Therefore, considering the honour of the Apostolic See, and wishing
to meet the desires of the petitioners, we by the authority of this
letter decree in regular course[549]:
[Footnote 549: 'Praesenti auctoritate moderato ordine definimus.' Dahn
interprets 'moderato ordine,' 'not so absolutely as the Roman clergy
desires.' Is not this to attribute rather too much force to the
conventional language of Cassiodorus?]
'That if anyone shall think he has a good cause for going to law with
a person belonging to the Roman clergy, he shall first present himself
for hearing at the judgment-seat of the most blessed Pope, in order
that the latter may either decide between the two in his own holy
manner, or may delegate the cause to a Jurisconsult to be ended by
him. And if, perchance, which it is impiety to believe, the
reasonable desire of the petitioner shall have been evaded, then may
he come to the secular courts with his grievance, when he can prove
that his petitions have been spurned by the Bishop of the aforesaid
See[550].
[Footnote 550: 'Definimus, ut si quispiam ad Romanum Clerum aliquem
pertinentem, in quâlibet causâ probabili crediderit actione pulsandum,
ad beatissimi Papae judicium prius conveniat audiendus. Ut aut ipse
inter utrosque more suae sanctitatis agnoscat, aut causam deleget
aequitatis studio terminandam: et si forte, quod credi nefas est,
competens desiderium fuerit petitoris elusum, tuno ad saecularia fora
jurgaturus occurrat, quando suas petitiones probaverit a supradictae
sedis praesule fuisse contemptas.']
'Should any litigant be so dishonest and so irreverent, both towards
the Holy See and our authority, as to disregard this order [and
proceed first in our tribunals against one of the Roman clergy], he
shall forfeit 10 lbs. of gold [£400], to be exacted by the officers of
the Count of Sacred Largesses and distributed by the Pope to the poor;
and he shall lose his suit in addition, notwithstanding any decree
which he may have gained in the secular court.
'Meanwhile do you, whom our judgments thus venerate, live according to
the ordinances of the Church. It is a great wickedness in you to admit
such crimes as do not become the conversation even of secular men.
Your profession is the heavenly life. Do not condescend to the
grovelling wishes and vulgar errors of ordinary mortals. Let the men
of this world be coerced by human laws; do you obey the precepts of
righteousness.'