[Footnote 399: 'Servata in omnibus civilitate.']

[The arrears are said to be for the 8th, 9th, 11th, 1st, 2nd, and 15th Indictiones; i.e. probably for the years 500, 501, 503, 508, 509, 507.

I cannot account for this curious order in which the years are arranged, which seems to suggest some corruption of the text. Probably this letter was written about 509.]

32. KING THEODORIC TO BRANDILA (CIR. 508-9).

[See remarks on this letter in Dahn ('Konige der Germanen' iv.

149-152); he claims it as a proof that Gothic law still existed for the Goths in Italy.]

[Sidenote: a.s.sault of the wife of Brandila on the wife of Patzenes.]

'Times without number has Patzenes laid his complaint upon us, to wit that while he was absent on the recent successful expedition[400] your wife Procula fell upon his wife [Regina], inflicted upon her three murderous blows, and finally left her for dead, the victim having only escaped by the supposed impossibility of her living. Now therefore, if you acknowledge the fact to be so, you are to consult your own honour by inflicting summary punishment as a husband on your wife, that we may not hear of this complaint again[401]. But if you deny the fact, you are to bring your said wife to our Comitatus and there prove her innocence.'

[Footnote 400: Into Gaul; see next letter.]

[Footnote 401: 'Atque ideo decretis te praesentibus admonemus, ut si factum evidenter agnoscis, delatam querimoniam, pudori tuo consulens, _maritali districtione redarguas_; quatenus ex eadem causa ad nos querela justa non redeat.']

33. KING THEODORIC TO DUKE WILITANCH.

[Containing the explanation of Procula's violence to Regina].

[Sidenote: Adulterous connection between Brandila and the wife of Patzenes.]

'Patzenes brings before us a most serious complaint: that during his absence in the Gaulish campaign, Brandila dared to form an adulterous connection with his wife Regina, and to go through the form of marriage with her.

'Whose honour will be safe if advantage is thus to be taken with impunity of the absense of a brave defender of his country? Alas for the immodesty of women! They might learn virtue even from the chaste example of the cooing turtle-dove, who when once deprived by misfortune of her mate, never pairs again with another.

'Let your Sublimity compel the parties accused to come before you for examination, and if the charge be true, if these shameless ones were speculating on the soldier of the Republic not returning from the wars, if they were hoping, as they must have hoped, for general collapse and ruin in order to hide their shame, then proceed against them as our laws against adulterers dictate[402], and thus vindicate the rights of all husbands.'

[Footnote 402: 'Et rerum veritate discussa _sicut jura nostra praecipiunt_, in adulteros maritorum favore resecetur.']

[If these laws were, as is probable, those contained in the _Edictum Theodorici_, the punishment for both the guilty parties was death, -- 38, 39.]

34. KING THEODORIC TO ABUNDANTIUS, PRAETORIAN PRAEFECT.

[Sidenote: Endless evasions of Frontosus. The nature of the chameleon.]

'Frontosus, acting worthily of his name [the shameless-browed one], confessed to having embezzled a large sum of public money, but promised that, if a sufficient interval were allowed him, he would repay it. Times without number has this interval expired and been renewed, and still he does not pay. When he is arrested he trembles with fear, and will promise anything; as soon as he is liberated he seems to forget every promise that he has made. He changes his words, like the chameleon, that little creature which in the shape of a serpent is distinguished by a gold-coloured head, and has all the rest of its body of a pale green. This little beast when it meets the gaze of men, not being gifted with speed of flight, confused with its excess of timidity, changes its colours in marvellous variety, now azure, now purple, now green, now dark blue. The chameleon, again, may be compared to the Pandian gem [sapphire?], which flashes with all sorts of lights and colours while you hold it still in your hand.

'Such then is the mind of Frontosus. He may be rightly compared to Proteus, who when he was laid hold of, appeared in every shape but his own, roared as a lion, hissed as a serpent, or foamed away in watery waves, all in order to conceal his true shape of man.

'Since this is his character, when you arrest him, first stop his mouth from promising, for his facile nature is ready with all sorts of promises which he has no chance of performing. Then ascertain what he can really pay at once, and keep him bound till he does it. He must not be allowed to think that he can get the better of us with his tricks.'

35. KING THEODORIC TO COUNT LUVIRIT, AND AMPELIUS.

[Sidenote: Fraudulent ship-owners to be punished.]

'When we were in doubt about the food supply of Rome, we judged it proper that Spain should send her cargoes of wheat hither, and the Vir Spectabilis Marcian collected supplies there for this purpose. His industry, however, was frustrated by the greed of the shipowners, who, disliking the necessary delay, slipped off and disposed of the grain for their own profit. Little as we like harshness, this offence must be punished. We have therefore directed Catellus and Servandus (Viri Strenui) to collect from these shipmasters the sum of 1,038 solidi (622 16s.), inasmuch as they appear to have received:

'From the sale of the corn 280 solidi.

'And from the fares of pa.s.sengers 758 "

------ '1,038 "

'Let your Sublimity a.s.sist in the execution of this order.'

36. KING THEODORIC TO STARCEDIUS, VIR SUBLIMIS.

[Sidenote: Honourable discharge.]

'You tell us that your body, wearied out with continual labour, is no longer equal to the fatigues of our glorious campaigns, and you therefore ask to be released from the necessity of further military service. We grant your request, but stop your donative; because it is not right that you should consume the labourer's bread in idleness. We shall extend to you our protection from the snares of your adversaries, and allow no one to call you a deserter, since you are not one[403].'

[Footnote 403: This is perhaps a specimen of the 'honesta missio' of which we read in the Theodosian Code xii. 1. 43, 45.]

37. KING THEODORIC TO THE JEWS OF MILAN.

[Sidenote: Rights of the Jewish Synagogue not to be invaded by Christians.]

'For the preservation of _civilitas_ the benefits of justice are not to be denied even to those who are recognised as wandering from the right way in matters of faith.

'You complain that you are often wantonly attacked, and that the rights pertaining to your synagogue are disregarded[404]. We therefore give you the needed protection of our Mildness, and ordain that no ecclesiastic shall trench on the privileges of your synagogue, nor mix himself up in your affairs. But let the two communities keep apart, as their faiths are different: you on your part not attempting to do anything _incivile_ against the rights of the said Church.

[Footnote 404: 'Nonnullorum vos frequenter causamini praesumptione laceratos et quae ad synagogam vestram pertinent perhibetis jura rescindi.']

'The law of thirty years' prescription, which is a world-wide custom[405], shall enure for your benefit also.

[Footnote 405: 'Tricennalis humano generi patrona praescriptio vobis jure servabitur; nec conventionalia vos irrationabiliter praecipimus sustinere dispendia.' I do not know what is meant by 'conventionalia dispendia.']

'But why, oh Jew, dost thou pet.i.tion for peace and quietness on earth when thou canst not find that rest which is eternal[406]?'

[Footnote 406: 'Sed quid, Judaeo, supplicans temporalem quietem quaeris si aeternam requiem invenire non possis.']

38. KING THEODORIC TO ALL CULTIVATORS[407].

[Footnote 407: 'Universis Possessoribus.']

[Sidenote: Shrubs obstructing the aqueduct of Ravenna to be rooted up.]

'The aqueducts are an object of our special care. We desire you at once to root up the shrubs growing in the Signine Channel[408], which will before long become big trees scarcely to be hewn down with the axe, and which interfere with the purity of the water in the aqueduct of Ravenna. Vegetation is the peaceable overturner of buildings, the battering-ram which brings them to the ground, though the trumpets never sound for siege.

[Footnote 408: Where was this? Signia in Latium is, of course, not to be thought of.]