[Sidenote: Fortification of camp near Dertona.]

'We have decided that the camp near you shall at once be fortified. It is expedient to execute works of this kind in peace rather than in war.

'The true meaning of _expeditio_ shows that the leader of a military expedition should have an unenc.u.mbered mind.

'Do you therefore second our efforts by building good private houses, in which you will be sheltered, while the enemy (whenever he comes) will be in the worst possible quarters[228], and exposed to all the severity of the weather.'

[Footnote 228: 'Durissimae mansiones.']

18. KING THEODORIC TO DOMITIa.n.u.s AND WILIAS.

[Sidenote: Statute of Limitations.]

'It is right that you, who are administering justice to the nations, should learn and practise it yourselves. We therefore hasten to reply to the question which you have asked [concerning the length of time that is required to bestow a t.i.tle by prescription]. If any Barbarian usurper have taken possession of a Roman farm since the time when we, through G.o.d's grace, crossed the streams of the Isonzo, when first the Empire of Italy received us[229], and if he have no doc.u.ments of t.i.tle [sine delegatoris cujusquam pyctacio] to show that he is the rightful holder, then let him without delay restore the property to its former owner. But if he shall be found to have entered upon the property before the aforesaid time, since the principle of the thirty years'

prescription comes in, we order that the pet.i.tion of the plaintiff shall be dropped.

[Footnote 229: 'Ex quo, Deo propitio, Sonti fluenta transmisimus ubi primum Italiae nos suscepit imperium.']

[Sidenote: Crimes of violence.]

'The a.s.sailant, as well as the murderer, of his brother, is to be driven forth from the kingdom, that the serenity of our Commonwealth may not be troubled with any such dark spots.'

[Theodoric crossed the Isonzo, August, 489, and as I understand this letter, it was written somewhere about 518, and he therefore lays down a convenient practical rule: 'No dispossession which occurred before I crossed the Isonzo shall be enquired into; any which have happened since, may.' But the letter is a very difficult one, and I am bound to say that Dahn's interpretation ('Konige der Germanen' iii. 11, 12) does not agree with mine.]

19. KING THEODORIC TO SATURNINUS AND VERBUSIUS, VIRI SUBLIMES.

[Sidenote: The rights of the Fiscus.]

'The _Fiscus_ is to have its rights, but we do not wish to oppress our people. Let moderation be observed in all things.

'When you receive the pet.i.tion of the Curiales of Adriana, if anyone who is able to pay, stubbornly and impudently refuses to contribute to the _Fiscus Gothorum_, you are to compel him to do so. But let off the really poor man who is unable to contribute.'

20. KING THEODORIC TO ALBINUS AND ALBIENUS, VIRI ILl.u.s.tRES AND PATRICIANS.

[Sidenote: Circus quarrels. Patronage of the Greens. Rivalry between h.e.l.ladius and Theodorus.]

'Notwithstanding our greater cares for the Republic, we are willing to provide also for the amus.e.m.e.nt of our subjects. For it is the strongest possible proof of the success of our labours that the mult.i.tude knows itself to be again at leisure[230].

[Footnote 230: 'Illud enim, propitiante Deo, labores nostros a.s.serit quod se _otiosam_ generalitas esse cognoscit.']

'The pet.i.tion of the Green party in the circus informs us that they are oppressed, and that the factions of the circus are fatal to public tranquillity. We therefore order you to a.s.sume the patronage of the Green party, which our father of glorious memory paid for[231]. So let the spectators be a.s.sembled, and let them choose between h.e.l.ladius and Theodorus which is fittest to be Pantomimist of the Greens, whose salary we will pay.'

[Footnote 231: 'Quapropter ill.u.s.tris magnitudo vestra praesenti jussione commonita, patrocinium partis Prasini, quod gloriosae recordationis pater noster impendit, dignanter a.s.sumat.' This pa.s.sage probably alludes to Theodoric's adoption by Zeno. But one reading is 'pater _vester_.']

Then follows a digression on pantomimes.

21. KING THEODORIC TO MAXIMIAN, VIR ILl.u.s.tRIS; AND ANDREAS, VIR SPECTABILIS.

[Sidenote: Embellishment of Rome.]

'If the people of Rome will beautify their City we will help them.

'Inst.i.tute a strict audit (of which no one need be ashamed) of the money given by us to the different workmen for the beautification of the City. See that we are receiving money's worth for the money spent.

If there is embezzlement anywhere, cause the funds so embezzled to be disgorged. We expect the Romans to help from their own resources in this patriotic work, and certainly not to intercept our contributions for the purpose.

'The wandering birds love their own nests; the beasts haste to their own lodgings in the brake; the voluptuous fish, roaming the fields of ocean, returns to its own well-known cavern. How much more should Rome be loved by her children!'

22. KING THEODORIC TO MARCELLUS, VIR SPECTABILIS, ADVOCATUS FISCI.

[Sidenote: Promotion of Marcellus.]

After some rather vapid praise of the eloquence and good qualities of Marcellus, Theodoric promotes him from the rank of a Private Advocate to that of an _Advocatus Fisci_, and gives him some excellent counsels about not pressing the claims of the Crown too far. 'We shall not enquire how many causes you have gained, but how you have gained them.

Let there sometimes be a bad cause for the Fiscus, that the Sovereign may be seen to be good.'

23. KING THEODORIC TO COELIa.n.u.s AND AGAPITUS, VIRI ILl.u.s.tRES AND PATRICIANS.

[Sidenote: Litigation between Senators.]

'The concord and harmony of subjects redound to the praise of their prince.

'We desire that Festus and Symmachus (Patricians and Magnifici) should prosecute the causes for action which they say they have against Paulinus (Ill.u.s.tris and Patrician) in your Court. Let Paulinus bring before you any counter-claim which he may a.s.sert himself to possess.

Let justice be rendered speedily. Show yourselves worthy of this high trust. It is a matter of great moment to end lawsuits between men of such eminence in the State as these.'

24. KING THEODORIC TO ALL THE GOTHS.

[Sidenote: A call to arms for the invasion of Gaul.]

'To the Goths a hint of war rather than persuasion to the strife is needed, since a warlike race such as ours delights to prove its courage. In truth, he shuns no labour who hungers for the renown of valour. Therefore with the help of G.o.d, whose blessing alone brings prosperity, we design to send our army to the Gauls for the common benefit of all, that you may have an opportunity of promotion, and we the power of testing your merits; for in time of peace the courage which we admire lies hidden, and when men have no chance of showing what is in them, their relative merits are concealed. We have therefore given our Sajo[232], Nandius, instructions to warn you that, on the eighth day before the kalends of next July, you move forward to the campaign in the name of G.o.d, sufficiently equipped, according to your old custom, with horses, arms, and every requisite for war. Thus will ye at the same time show that the old valour of your sires yet dwells in your hearts, and also successfully perform your King's command. Bring forth your young men for the discipline of Mars. Let them see you do deeds which they may love to tell of to their children. For an art not learned in youth is an art missing in our riper years. The very hawk, whose food is plunder, thrusts her still weak and tender young ones out of the nest, that they may not become accustomed to soft repose. She strikes the lingerers with her wings; she forces her callow young to fly, that they may prove to be such in the future as her maternal fondness can be proud of. Do you therefore, lofty by nature, and stimulated yet more by the love of fame, study to leave such sons behind you as your fathers have left in leaving you.'

[Footnote 232: See for the office of the Sajo, note on ii. 13.]

[We can hardly be wrong in referring this stirring proclamation to the year 508, when Theodoric sent troops into Gaul to save the remnants of the Visigothic Monarchy from the grasp of Clovis. The first sentence recalls the expression 'certaminis gaudia,' which Jordanes no doubt borrowed from Ca.s.siodorus. For the simile at the end of the letter, cf. Deuteronomy x.x.xii. 11, 'As an eagle stirreth up her nest'.]

25. KING THEODORIC TO SABINIa.n.u.s, VIR SPECTABILIS.

[Sidenote: Repair of the walls of Rome.]

'It is important to preserve as well as to create. We are earnestly anxious to keep the walls of Rome in good repair, and have therefore ordered the Lucrine port[233] to furnish 25,000 tiles annually for this purpose. See that this is done, that the cavities which have been formed by the fall of stones may be roofed over with tiles, and so preserved, and that thus we may deserve the thanks of ancient kings, to whose works we have given immortal youth.'

[Footnote 233: I presume that 'portum Lucini' is an error for the Lucrine harbour; but there is an allusion which I do not understand in the following pa.s.sage: 'Simul etiam portubus junctis, qui ad illa loca antiquitus pertinebant, et nunc diversorum usurpatione suggeruntur invasi?']