It was ordained by a law of Constantius and Julian (357) that no one should enter the first cla.s.s in these Decuriae[393] unless he were a trained and practised literary man.

[Footnote 393: 'Loc.u.m primi ordinis.']

The office which in the Theodosian Code is called _Judex Decuriarum_ seems here to be called _Rector_.]

The young Capua.n.u.s has distinguished himself as a advocate both before the Senate and other tribunals. There has been a certain diffidence and hesitation in his manner, especially when he was dealing with common subjects; but he always warmed with his peroration, and the same man who even stammered in discussing some trifling detail became fluent, nay eloquent, when the graver interests of his client were at stake. When he saw that the Judge was against him he did not lose heart, but, by praising his justice and impartiality, gradually coaxed him into a more favourable mood. On one memorable occasion, when a certain doc.u.ment was produced which appeared hostile, he boldly challenged the accuracy of the copy [made probably by one of the _Decuria Librariorum_] and insisted on seeing the original. This young advocate is now appointed _Rector Decuriarum_, and thus accorded the privilege of seniority over many men who are much older than himself.

He is exhorted to treat them with all courtesy, to remember the importance of accuracy and fidelity in the execution of his duties and those of the _Decuriales_ under him, on whose correct transcription of doc.u.ments the property, the liberty, nay even the life of their fellow-subjects may depend. Especially he is exhorted to remember his own challenge of the accuracy of a copied doc.u.ment, that he may not ever find that memorable oration of his brought up against himself.

The Senate is exhorted to give the young official a kindly welcome. It will now devolve upon him to report with praiseworthy accuracy the proceedings of that body, the most celebrated in the whole world. He who has often pleaded before them the cause of the humble and weak, will now have to introduce Consulars to their a.s.sembly. It is expected that his eloquence will grow and his stammer will disappear, now that he is clothed with a more dignified office. 'Freedom nourishes words, but fear frequently interrupts their plenteous flow.'

23. KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT.

[Sidenote: Archery drill.]

'Tata the Sajo is ordered to proceed to the Ill.u.s.trious Count Julian, with the young archers whom he has drilled, that they may practise on the field the lessons which they have learned in the gymnasium. Let your Greatness provide them with rations and ships according to custom.' [The place to which this expedition was directed does not seem to be stated.]

24. KING THEODORIC TO THE SENATOR EPIPHANIUS, CONSULARIS OF DALMATIA.

[Sidenote: Property of a widow dying intestate and without heirs to be claimed for the State.]

'We are informed that Joanna, the wife of Andreas, having succeeded to her husband's estate, has died intestate without heirs. Her property ought therefore to lapse to our Treasury[394], but it is being appropriated, so we are informed, by divers persons who have no claim to it.

[Footnote 394: 'Quia caduca bona fisco nostro competere legum cauta decreverunt.']

'Enquire into this matter; and if it be as we are informed, reclaim for our Treasury so legitimate a possession. We should consider ourselves guilty of negligence if we omitted to take possession of that which, without harming anyone, so obviously comes in to lighten the public burdens.

'But if you find the facts different to these, by all means leave the present owners in quiet possession. The secure enjoyment by our subjects of that which is lawfully theirs we hold to be our truest patrimony.'

25. KING THEODORIC TO BACAUDA[395], VIR SUBLIMIS.

[Footnote 395: The name is a peculiar one, reminding us of the Bacaudae, who for more than a century waged a sort of servile war in Gaul against the officers of the Empire. It is not probable, however, that there is any real connection between them and the receiver of this letter.]

[Sidenote: Bacauda receives the office of Tribunus Voluptatum for life.]

'By way of support for your declining years we appoint you, for life, _Tribunus Voluptatum_ [Minister of Public Amus.e.m.e.nt] at Milan.

'It is a new principle in the public service[396] to give any man a life-tenure of his office; but you will now not have to fear the interference of any successor, and your mind being at ease about your own future, you will be able to minister to the pleasures of the people with a smiling face.'

[Footnote 396: 'Quod est in Reipublicae _militia_ novum.' Observe the use of militia for civil service.]

26. KING THEODORIC TO ALL THE GOTHS SETTLED IN PICENUM AND SAMNIUM.

[Sidenote: The Goths summoned to the royal presence.]

'The presence of the Sovereign doubles the sweetness of his gifts, and that man is like one dead whose face is not known to his lord[397].

Come therefore by G.o.d's a.s.sistance, come all into our presence on the eighth day before the Ides of June (June 6th), there solemnly to receive our royal largesse. But let there be no excesses by the way, no plundering the harvest of the cultivators nor trampling down their meadows, since for this cause do we gladly defray the expense of our armies that _civilitas_ may be kept intact by armed men.'

[Footnote 397: 'Nam pene similis est mortuo qui a suo Dominante nescitur.' A motto more suited to the presence-chamber of Byzantium than the camp-fires of a Gothic King.]

27. KING THEODORIC TO GUDUIM, SAJO.

[Sidenote: The same.]

'Order all the captains of thousands[398] of Picenum and Samnium to come to our Court, that we may bestow the wonted largesse on our Goths. We enquire diligently into the deeds of each of our soldiers, that none may lose the credit of any exploit which he has performed in the field. On the other hand, let the coward tremble at the thought of coming into our presence. Even this fear may hereafter make him brave against the enemy.'

[Footnote 398: 'Millenarii.' Cf. the [Greek: chiliarchoi], who, as Procopius tells us, were appointed by Gaiseric over the Vandals; also the _thusundifaths_ of Ulfilas.]

28. KING THEODORIC TO CARINUS, VIR ILl.u.s.tRIS.

[Sidenote: Invitation to Court.]

'Granting your request, and also satisfying our own desire for your companionship, we invite you to our Court.'

29. KING THEODORIC TO NEUDES, VIR ILl.u.s.tRIS.

[Sidenote: A blind Gothic warrior enslaved.]

'Our pity is greatly moved by the pet.i.tion of Ocer, a blind Goth, who has come by the help of borrowed sight to _feel_ the sweetness of our clemency, though he cannot see our presence.

'He a.s.serts that he, a free Goth, who once followed our armies, has, owing to his misfortune, been reduced to slavery by Gudila and Oppas.

Strange excess of impudence to make that man their servant, before whose sword they had a.s.suredly trembled had he possessed his eyesight!

He pleads that Count Pythias has already p.r.o.nounced against the claims of his pretended masters. If you find that this is so, restore him at once to freedom, and warn those men not to dare to repeat their oppression of the unfortunate.'

30. KING THEODORIC TO GUDUI[M], VIR SUBLIMIS [AND DUX].

[Sidenote: Servile tasks imposed on free Goths by a Duke.]

'We expect those whom we choose as Dukes to work righteousness.

Costula and Daila, men who by the blessing of G.o.d rejoice in the freedom of our Goths, complain that servile tasks are imposed upon them by you. We do not do this ourselves, nor will we allow anyone else to do it. If you find that the grievance is correctly stated rectify it at once, or our anger will turn against the Duke who thus abuses his power.'

31. KING THEODORIC TO DECORATUS, VIR DEVOTUS (?).

[For the career of Decoratus see v. 3 and 4.]

[Sidenote: Arrears of Siliquatic.u.m to be enforced.]

'Thomas, Vir Clarissimus, complains that he cannot collect the arrears of Siliquatic.u.m from certain persons in Apulia and Calabria.

'Do you therefore summon Mark the Presbyter, Andreas, Simeonius, and the others whose names are set forth in the accompanying schedule, to come into your presence, using no unnecessary force[399] in your summons. If they cannot clear themselves of this debt to the public Treasury, they must be forced to pay.'