22. KING THEODORIC TO FESTUS, VIR ILl.u.s.tRIS AND PATRICIAN.

[Sidenote: Ecdicius to be buried by his sons.]

'The sons of Ecdicius, whom at first we had ordered to reside in the city, are to be allowed to return to their own country in order to bury their father. That grief is insatiable which feels that it has been debarred from rendering the last offices to the dead. Think at what risk of his life Priam implored the raging Achilles to give him back the body of his son.'

[Apparently the sons of Ecdicius, not Ecdicius himself, had fallen into disgrace with Theodoric, or incurred some suspicion of disloyalty, which led to the rigorous order for their detention in Rome. See Dahn iii. 279-280.]

23. KING THEODORIC TO AMPELIUS, DESPOTIUS, AND THEODULUS, SENATORS.

[Sidenote: Protection for owners of potteries.]

'It befits the discipline of our time that those who are serving the public interests shall not be loaded with superfluous burdens. Labour therefore diligently at the potteries (figulinae) which our Royal authority has conceded to you. Protection is hereby promised against the wiles of wicked men.' [What was the nature of the artifices to which they were exposed is not very clear.]

24. KING THEODORIC TO THE SENATE OF THE CITY OF ROME.

[Sidenote: Arrears of taxation due from Senators.]

'We hear with sorrow, by the report of the Provincial Judges, that you the Fathers of the State, who ought to set an example to your sons (the ordinary citizens), have been so remiss in the payment of taxes that on this first collection[259] nothing, or next to nothing, has been brought in from any Senatorial house. Thus a crushing weight has fallen on the lower orders (_tenues_, _curiales_), who have had to make good your deficiencies and have been distraught by the violence of the tax-gatherers.

[Footnote 259: 'Primae transmissionis tempus.']

'Now then, oh Conscript Fathers, who owe as much duty to the Republic as we do, pay the taxes for which each one of you is liable, to the Procurators appointed in each Province, by three instalments (trina illatione). Or, if you prefer to do so--and it used to be accounted a privilege--pay all at once into the chest of the Vicarius. And let this following edict be published, that all the Provincials may know that they are not to be imposed upon and that they are invited to state their grievances[260].'

[Footnote 260: See Dahn, 'Konige der Germanen' iii. 153 and 112, n.

5.]

25. AN EDICT OF KING THEODORIC.

[Referred to in the preceding letter.]

[Sidenote: Evasion of taxes by the rich.]

The King detests the oppression of the unfortunate, and encourages them to make their complaints to him. He has heard that the powerful houses are failing to pay their share of the taxes, and that a larger sum in consequence is being exacted from the _tenues_[261].

[Footnote 261: Here follows a sentence which I am unable to translate: 'Superbia deinde conductorum canonicos solidos non ordine traditos, sed sub iniquo pondere imminentibus fuisse projectos nec universam siliquam quam reddere consueverant solemniter intulisse.' I think the meaning is, that the stewards of the Senators (conductores) arrogantly refused to allow the money paid to the tax-collectors (canonici solidi) to be tested, as in ordinary course it should have been, to see if it was of full weight. The 'imminentes' are, I think, the tax-collectors. I cannot at all understand the clause about 'universam siliquam.']

To 'amputate' such wickedness for the future, the letter last preceding has been addressed to the Senate; and the 'Possessores sive curiales' are now invited to state their grievances fully and frankly, or else ever after hold their peace and cultivate a habit of patience.

26. KING THEODORIC TO FAUSTUS, PRAETORIAN PRAEFECT.

[Sidenote: Regulations for corn-traffic of Southern Italy.]

A difficult letter about the corn-merchants of Apulia and Calabria.

1. The corn which they have collected by public sale is not to be demanded over again from them under the t.i.tle of 'interpretium'

[difference of price].

2. Similarly as to the s.e.xtarius which the merchant of each Province imports. No one is to dare insolently to exact the prices which have been always condemned.

3. Fines of 1,200 on the Praefect himself, and 400 on his _officium_ (subordinates), are to be levied if this order is disobeyed.

4. If the 'Siliquatarius' thinks right to withhold the monopoly (of corn) from any merchant, he must not also exact the monopoly payment from him.

5. As to the Aurarii [persons liable to payment of the _l.u.s.tralis auri collatio_[262]], let the old order be observed, and those only be cla.s.sed under this function whom the authority of antiquity chose to serve thereunder.

[Footnote 262: This appears to have been a tax levied on all traders, otherwise known as the Chrysargyron. See Cod. Theod. xiii. 1. Aurarii is therefore equivalent to Licensed Traders.]

27. KING THEODORIC TO ALL THE JEWS LIVING IN GENOA.

[Sidenote: Rebuilding of Jewish Synagogue.]

The Jews are permitted to roof in the old walls of their synagogue, but they are not to enlarge it beyond its old borders, nor to add any kind of ornament, under pain of the King's sharp displeasure; and this leave is granted on the understanding that it does not conflict with the thirty years' 'Statute of Limitations.'

'Why do ye desire what ye ought to shun? In truth we give the permission which you craved, but we suitably blame the desire of your wandering minds. _We cannot order a religion, because no one is forced to believe against his will._'

28. KING THEODORIC TO STEPHa.n.u.s, 'SENATOR, COMES PRIMI ORDINIS, AND EX-PRINCEPS OF OUR OFFICIUM[263].'

[Footnote 263: Are we to understand by this expression the Officium of the Praetorian Praefect?]

[Sidenote: Honours conferred on Stepha.n.u.s on his retirement from the Civil Service.]

Praises him for all the good qualities which have been recognised by successive Judges under whom he has served--his secrecy, efficiency, and incorruptibility.

He is therefore, on his retirement from active service, raised to the honour of a 'Spectabilis,' and rewarded with the rank of 'Comitiva Primi Ordinis.' As a substantial recompence he is to have all the privileges which by 'divalia const.i.tuta' belong to the 'ex-principes'

of his Schola, and is guaranteed against all damage and 'sordid burdens[264],' with a hope of further employment in other capacities[265].

[Footnote 264: Curial obligations.]

[Footnote 265: 'Fixum tenuisti _militiae probatae_ vestigium.

Spectabilitatis honorem, quem _militiae sudore_ detersis justa deputavit antiquitas praesenti tibi auctoritate conferimus ut laboris tui tandem finitas _excubias_ ... intelligas ... Tibique utpote _militiae_ munere persoluto.' The term 'militia' is employed here, as in the Codes, of 'service in a bureau.']

29. KING THEODORIC TO ADILA, SENATOR AND COMES.

[Sidenote: Protection to dependents of the Church.]

[Notice the Senatorial rank borne by a man with a Gothic name.]

'We wish to protect all our subjects[266], but especially the Church, because by so doing we earn the favour of Heaven. Therefore, in accordance with the pet.i.tion of the blessed Eustorgius[267], Bishop of Milan, we desire you to accord all necessary protection to the men and farms belonging to the Milanese Church in Sicily: always understanding, however, that they are not to refuse to plead in answer to any public or private suit that may be brought against them. They are to be protected from wrong, but are not themselves to deviate from the path of justice.'

[Footnote 266: 'Quia Regnantes est gloria, subjectorum otiosa tranquillitas.']

[Footnote 267: For Eustorgius, cf. Letter i. 9.]