The Letters of Cassiodorus Part 44

(Quoted in the notes to Ennodius in Migne's Patrologia.)]

The past career of the younger brother, Honoratus, who has been advocate at Spoleto, and has had to contend with the corrupt tendencies of Provincial judges, full of their little importance, and removed from the wholesome control which the opinion of the Senate exercised upon them at Rome, is then sketched; and the hope is expressed that, in the words of the Virgilian quotation[380], this bough upon the family tree will be found as goodly as that which it has untimely lost.

[Footnote 380: 'Primo avulso non deficit alter' (Aen. vi. 143).]

[Sidenote: Duties of the Quaestorship.]

The letter to the Senate has an interesting pa.s.sage on the duties and responsibilities of the Quaestor.

'It is only men whom we consider to be of the highest learning that we raise to the dignity of the Quaestorship, such men as are fitted to be interpreters of the laws and sharers of our counsels. This is an honour which neither riches nor high birth by itself can procure, only learning joined with prudence. In granting all other dignities we confer favours, but from the holder of this we ever receive them. He is favoured to have a share in our anxieties; he enters in by the door of our thoughts; he is intimately acquainted with the breast in which the cares of the whole State are weighed. Think what judgment you ought to form of a man who is partaker of such a confidence. From him we require skill in the laws; to him flow together all the prayers of all suitors, and (a thing more precious than any treasure) to him is committed our own reputation for _civilitas_. Under a just Quaestor the mind of an innocent man is at rest: only the wicked become anxious as to the success of their evil designs; and thus the bad lose their hope of plunder, while more earnestness is shown in the practice of virtue. It is his to safeguard the just rights of all men: temperate in expenditure, lavish in his zeal for justice, incapable of deception, prompt in succour. He serves that Sovereign mind before which all bow: through his lips must he speak who has not an equal in the land.'

5. KING THEODORIC TO THE SAJO MANNILA.

[Sidenote: Abuses of the Cursus Publicus.]

Repeats the injunctions given in Letter iv. 47 against improper use of the public post-horses, and overloading of the extra horses. The fines imposed are the same as in that letter [with the addition of a fine of two ounces of gold (about 6 10s.) for overloading]; the examples from Natural History are similar. 'The very bird when weighted with a load flies slowly. Ships though they cannot feel their toils, yet move tardily when they are filled with cargo. What can the poor quadruped do when pressed by too great burden? It succ.u.mbs.'

But apparently this rule against overloading is not to apply to Praepositi (Provincial Governors?), since 'reverenda antiquitas' has given them special rights over the _Cursus Publicus_.

6. KING THEODORIC TO STABULARIUS, COMITIACUS[381].

[Footnote 381: Officer of the Court. See vi. 13.]

7. KING THEODORIC TO JOANNES, VIR CLARISSIMUS, ARCARIUS [TREASURER].

[Sidenote: Default in payments to Treasury made by Thomas. His property a.s.signed to his son-in-law Joannes.]

'The _Vir Honestus_, Thomas, has long been a defaulter (reliquator) in respect of the Indictions payable for certain farms which he has held under the King's house in Apulia[382], and this default has now reached the sum of 10,000 solidi (6,000). Repeatedly summoned to pay, he always procrastinates, and we can get no satisfaction out of him.

The pet.i.tion of Joannes, who is son-in-law to Thomas, informs us that he is willing to pay the 10,000 solidi due, if we will make over to him the said farms, and all the property of his father-in-law. This we therefore now do, reserving to Thomas the right to pay the debt at any time before the next Kalends of September, and thus to redeem his property. Failing such payment, the property is to pa.s.s finally into the hands of Joannes, on his paying the 10,000 solidi to the Ill.u.s.trious Count of the Patrimony [possibly Stabularius].

[Footnote 382: 'Thomatem domus nostrae certa praedia suscep.i.s.se sed eum male administrando suscepta usque ad decem millia solidorum de Indictionibus illa atque illa reliquatorem publicis rationibus ext.i.tisse.' It is not quite clear whether the debt is due as what we should call rent or as land-tax. Perhaps the debt had acc.u.mulated under both heads.]

'It may be some little consolation to Thomas to reflect that after all it is his son-in-law who enters into possession of his goods.'

[Dahn ('Konige der Germanen' iii. 277) remarks on this letter: 'But even the well-meaning Theodoric takes steps in the interests of substantial justice which from a juristic point of view it would be hard to justify.... Evidently here the King, in his consideration of what was practically just, has decided according to caprice, not according to right; for the Fiscus could strictly only be repaid its debt out of the property of the defaulter, and hold the Arcarius (Joannes) responsible for the balance' (for which Dahn thinks he had already made himself liable). I do not quite agree with this view. It seems to me that Thomas was hopelessly bankrupt (the debt was 10,000 solidi, not 1,000, as stated by Dahn), and the Fiscus virtually sells the bankrupt's estate to his son-in-law, for him to make of it what he can.]

8. KING THEODORIC TO ANASTASIUS THE CONSULAR.

[Sidenote: Transport of marble from Faenza to Ravenna.]

'We rely upon your Sublimity's zeal and prudence to see that the required blocks of marble are forwarded from Faventia (Faenza) to Ravenna, without any extortion from private individuals; so that, on the one hand, our desire for the adornment of that city may be gratified, and on the other, there may be no cause for complaint on the part of our subjects.'

9. KING THEODORIC TO THE POSSESSORES OF FELTRIA.

[Sidenote: New city to be built in district of Trient.]

'We have ordered the erection of a new city in the territory of Tridentum (Trient). As the work is great and the inhabitants few, we order you all to a.s.sist and build each your appointed length (pedatura) of wall, for which you will receive suitable pay.'

[This use of the word _pedatura_ is found in Vegetius, 'Epitoma Rei Militaris' iii. 8, and is ill.u.s.trated by the centurial stones on the two great Roman walls in Britain, recording the number of feet accomplished by each century of soldiers (See 'Archaeologia Aeliana,'

vol. ix. p. 28; paper by Mr. Clayton).]

'None, not even the servants of the royal house (divina domus), are excepted from this order.'

10. KING THEODORIC TO THE SAJO VERa.n.u.s.

11. KING THEODORIC TO THE GEPIDAE, ON THEIR MARCH TO GAUL.

[Sidenote: Payment to Gepidae on their march to Gaul.]

'We desire that our soldiers should always be well paid, and that they should never become the terror of the country which they are ordered to defend. Do you therefore, Sajo Vera.n.u.s, cause the Gepid troops whom we have ordered to come to the defence of Gaul, to march in all peace and quietness through Venetia and Liguria.

'You Gepidae shall receive three solidi (1 16s.) per week; and we trust that thus supplied you will everywhere buy your provisions, and not take them by force.

'We generally give the soldiers their pay in kind, but in this case, for obvious reasons, we think it better to pay them in money, and let them buy for themselves.

'If their waggons are becoming shaky with the long journey, or their beasts of burden weary, let them exchange for sound waggons and fresh beasts with the inhabitants of the country, but on such terms that the latter shall not regret the transaction.'

[Does this payment of three solidi mean per head? That would be an enormously high rate of pay. Sartorius (p. 289) feels the difficulty so strongly that he suggests that this was the pay given to the whole troop, whose number was not large; but 'mult.i.tudo' seems hostile to this hypothesis[383]. Possibly the high cost of provisions in the Alpine mountain-country may help to explain this unheard-of rate of pay to common soldiers.]

[Footnote 383: 'Ut mult.i.tudinem Gepidarum quam fecimus ad Gallias custodiae causa properare, per Venetiam atque Liguriam sub omni facias moderatione transire.']

12. KING THEODORIC TO THEODAHAD, VIR ILl.u.s.tRIS [NEPHEW OF THE KING].

[Sidenote: Avarice and injustice of Theodahad.]

'If all are bound to seek justice and to avoid ign.o.ble gains, most especially are they thus bound who pride themselves on their close relationship to us.

'The heirs of the Ill.u.s.trious Argolicus [probably the Praefect of Rome] and the Clarissimus Amandia.n.u.s complain that the estate[384] of Palentia, which we generously gave them to console them for the loss of the Casa Arbitana, has been by your servants, for no cause, unbecomingly invaded; and thus you, who should have shown an example of glorious moderation, have caused the scandal of high-handed spoliation. Wherefore, if this be true, let your Greatness at once restore what has been taken away; and if you consider that you have any claims on the land, come and a.s.sert them in our Comitatus. Even success yonder is injurious to your fame; but here, after full trial of the case and hearing of witnesses, no one will believe that any injustice has been done if your cause should triumph.'

[Footnote 384: 'Ma.s.sa;' cf. the American 'block.']

[The republication of this letter at the close of his official life shows what was Ca.s.siodorus' opinion of Theodahad, though he had served under him.]

13. KING THEODORIC TO EUTROPIUS AND ACRETIUS.

[Sidenote: Commissariat.]

'We rely upon you to collect the prescribed rations and deliver them to the soldiers. It is most important that they should be regularly supplied, and that there should be no excuse for pillage, so hard to check when once an army has begun to practise it.'

14. KING THEODORIC TO SEVERI(A)NUS[385], VIR ILl.u.s.tRIS (514-515).