The Letters of Cassiodorus Part 39

'He is to see that the laws are vigorously administered, and that private revenge has no place.

'Receive, O Conscript Fathers, your honoured and venerable member back into your bosom.'

[It seems probable that Arigern was not appointed 'Praefectus Urbis,'

because in Letter iv. 22 he is a.s.sociated as Comes with Argolicus, 'Praefectus Urbis.' Was he 'Comes Urbis Romae?']

17. KING THEODORIC TO IDA, VIR SUBLIMIS AND DUX.

[Cf. the name of our own Northumbrian King.]

[Sidenote: Possessions of the Church of Narbonne to be restored to it.]

'We do not wish to disturb anything that has been well settled by a preceding King. Certain possessions of the Church of Narbonne, which were secured to it by grant of the late King Alaric of exalted memory, have been wrongfully wrested from it. Do you now restore these. As you are ill.u.s.trious in war, so be also excellent in "civilitas." The wrong-doers will not dare to resist a man of your well-known bravery.'

18. KING THEODORIC TO ANNAS, SENATOR AND COMES.

[Sidenote: A priestly Ghoul.]

'Enquire if the story which is told us be true, namely that the Presbyter Laurentius has been groping for fatal riches among human corpses. An odious inversion of his functions, that he who should preach peace to the living has been robbing the dead, and that hands which have been touched with the oil of consecration should have been grasping at unholy gains, instead of distributing his own honestly acquired substance to the poor. If after diligent examination you find that the charge is true, you must make him disgorge the gold. As for punishment, for the sake of the honour of the priesthood we leave that to a higher Power[342].'

[Footnote 342: 'Scelus enim, quod nos pro sacerdotali honore relinquimus impunitum, majori pondere credimus vindicandum.' The words seem to be purposely vague, but I think they allude to the judgment of Heaven on the offender.]

19. KING THEODORIC TO GEMELLUS, SENATOR.

[Sidenote: The Siliquatic.u.m not to be levied on corn, wine, and oil.]

'The Prince should try to remedy the afflictions of his subjects.

Therefore, for the present time [probably on account of the scarcity in Gaul], we decree that the tax of Siliquatic.u.m, which Antiquity ordained should be levied on all buyings and sellings, shall not be levied on corn, wine, and oil. We hope thus to stimulate trade, and to benefit not only the Provincials, who are our chief care, but also the merchants. Let the ship that traverses the seas not fear our harbours.

Often the sailor dreads the rapacity of the collector of customs more than the danger of shipwreck. It shall not be so now.'

20. KING THEODORIC TO GEBERICH, SENATOR.

[Sidenote: Land taken from the Church to be restored to it.]

'If we are willing to enrich the Church by our own liberality, _a fortiori_ will we not allow it to be despoiled of the gifts received from pious princes in the past.

'The supplication of the Venerable Bishop Constantius informs us that a _jugum_ [= jugerum, about two-thirds of an English acre] of land so bestowed on the "sacrosanct" Church has been taken away from her, and is unlawfully held by the despoiler.

'See that right is done, and that the Church has her own restored to her without any diminution.'

21. KING THEODORIC TO GEMELLUS, SENATOR.

[Sidenote: Promptness and integrity required.]

'Be prompt in the execution of our orders. No one should think our commands harsh, since they are excused by the necessity of the times.

[Reject the thought of all unjustly acquired gains, for] you are sure to receive from our favour all that you seem to lose by not yielding to temptation.'

22. KING THEODORIC TO ARGOLICUS, VIR ILl.u.s.tRIS AND PRAEFECT OF THE CITY; AND

23. KING THEODORIC TO ARIGERN, VIR ILl.u.s.tRIS AND COMES.

[Sidenote: Roman Senators accused of magic.]

These two letters relate to the affair of Basilius[343] and Praetextatus, men of high rank in Rome. They are accused of practising magical arts, and in the interval between the first and second letters they escape from prison by taking advantage of the insanity of the gaoler.

[Footnote 343: Basilius, the patron of Sidonius, was Consul in 463, and another Basilius, perhaps the father of the accused, was Consul in 480. The person here spoken of _may_ be the same as the Basilius, 'olim regio ministerio depulsus,' whom Boethius (Phil. Cons. i. 4) mentions as one of his accusers; but it seems more likely that in that case this imputation of magical practices would also have been referred to by him. The name Basilius was a somewhat common one at this time.]

Theodoric, who says that he will not suffer any such acts of treason against the Divine Majesty, and that it is not lawful for Christian times to deal in magical arts, orders the recapture of the offenders, who are to be handed over to a Quinque-viral Board, consisting of the Patricians Symmachus, Decius, Volusia.n.u.s, and Caelia.n.u.s, with the Ill.u.s.trious Maximian, and by them examined; if guilty to be punished (probably with confiscation and exile); if innocent, of course to be discharged[344].

[Footnote 344: At the beginning of the first letter occurs the remarkable expression 'Abscedat ritus de medio jam profa.n.u.s; conticescat _poenale murmur animarum_,' which the commentator interprets of the ventriloquistic sounds produced by soothsayers. Cf.

Milton's Christmas Hymn:

'No voice or hideous hum Runs through the arched roof in words deceiving.']

[The a.s.sociation of the Quinque-viri with the Praefectus Urbis is a mark of the high rank of the accused. The Praefectus Urbis could not adjudicate on the crimes of Senators without five a.s.sessors chosen by lot from that body. Arigern, who was entrusted (it is not quite clear in what capacity) with the 'Disciplina Romanae Civitatis,' is commissioned to bring the accused to trial. Baronius says that we do not hear whether they were ever re-captured.]

24. KING THEODORIC TO ELPIDIUS, DEACON [of Spoleto].

[Sidenote: Architectural restoration at Spoleto.]

Gives leave to pull down a _porticus_ behind the Baths of Turasius at Spoleto, and to build some new edifice [perhaps a church] on its site and on the site of a yard (areola) adjoining it, on condition only that the building thus pulled down is of no public utility.

Reflections on the duty of architectural restoration.

25. KING THEODORIC TO ARGOLICUS, VIR ILl.u.s.tRIS, PRAEFECTUS URBIS.

[It is to be borne in mind that the Praefectus Urbis was the Official President of the Senate.]

[Sidenote: Petrus to be inscribed as Senator.]

'Ambition enn.o.bles man, and he who has aimed when young at high honours is often stimulated to lead a worthy life by the fact of having obtained them. We therefore look favourably on the pet.i.tion of Petrus, ill.u.s.trious by descent, and in gravity of character already a Senator, to enter the Sacred Order (the Senate); and we authorise your Ill.u.s.trious Magnificence to inscribe his name, according to ancient custom, in the alb.u.m of that body.'

[A Petrus, probably the same as the subject of this letter, was Consul in 516.]

26. KING THEODORIC TO ALL THE CITIZENS OF Ma.r.s.eILLES[345].

[Footnote 345: 'Universis Ma.s.siliae const.i.tutis.' A curious expression.]

[Sidenote: Taxes remitted for a year.]