22. FORMULA OF THE COUNT OF THE CITY OF SYRACUSE.

[Sidenote: Comitiva Syracusana.]

'We must provide such Governors for our distant possessions that appeals from them shall not be frequent. Many men would rather lose a just cause than have the expense of coming all the way from Sicily to defend it; and as for complaints against a Governor, we should be strongly inclined to think that a complaint presented by such distant pet.i.tioners must be true.

'Act therefore with all the more caution in the office which we bestow upon you for this Indiction. You have all the pleasant pomp of an official retinue provided for you at our expense. Do not let your soldiers be insolent to the cultivators of the soil (possessores). Let them receive their rations and be satisfied with them, nor mix in matters outside their proper functions. Be satisfied with the dignity which your predecessors held. It ought not to be lowered; but do not seek to exalt it.'

23. FORMULA OF THE COUNT OF NAPLES.

[Sidenote: Comitiva Neapolitana.]

'As the sun sends forth his rays so we send out our servants to the various cities of our dominions, to adorn them with the splendour of their retinue, and to facilitate the untying of the knots of the law by the mult.i.tude of jurisconsults who follow in their train. Thus we sow a liberal crop of official salaries, and reap our harvest in the tranquillity of our subjects. For this Indiction we send you as Count to weigh the causes of the people of Naples. It is a populous city, and one abounding in delights by sea and land. You may lead there a most delicious life, if your cup be not mixed with bitterness by the criticisms of the citizens on your judgments. You will sit on a jewelled tribunal, and the Praetorium will be filled with your officers; but you will also be surrounded by a mult.i.tude of fastidious spectators, who a.s.suredly, in their conversation, will judge the Judge. See then that you walk warily. Your power extends for a certain distance along the coast, and both the buyer and seller have to pay you tribute. We give you the chance of earning the applause of a vast audience: do you so act that your Sovereign may take pleasure in multiplying his gifts.'

24. FORMULA ADDRESSED TO THE GENTLEMEN-FARMERS (OR THE t.i.tLED CULTIVATORS) AND COMMON COUNCILMEN[458] OF THE CITY OF NAPLES [AND SURROUNDING DISTRICT].

[Footnote 458: An attempt to translate 'Honoratis possessoribus et curialibus civitatis Neapolitanae.']

[Sidenote: Honorati Possessores et Curiales Civitatis Neapolitanae.]

'You pay us tribute, but we have conferred honours upon you. We are now sending you a Comes [the one appointed in the previous formula], but he will be a terror only to the evil-disposed. Do you live according to reason, since you are reasonable beings, and then the laws may take holiday. Your quietness is our highest joy[459].'

[Footnote 459: 'Erit nostrum gaudium vestra quies.... Degite moribus compositis, ut vivatis legibus feriatis.']

25 is ent.i.tled, 'FORMULA DE COMITIVA PRINCIPIS MILITUM;' but this is evidently an inaccurate, or at least an insufficient t.i.tle.

[Sidenote: Doubtful.]

The letter, though very short, is obscure.

It starts with the maxim that every staff of officials ought to have its own Judge[460], and then, apparently, proceeds to make an exception to this rule by making the persons addressed--the civil or military functionaries of Naples--subject to the Comes Neapolita.n.u.s who was appointed by the Twenty-third Formula. No reason is given for this exception, except an unintelligible one about preserving the yearly succession of Judges[461]; but the persons are a.s.sured that their salaries shall be safe[462].

[Footnote 460: 'Omnes apparitiones decet habere judices suos. Nam cui praesul adimitur et militia denegatur.']

[Footnote 461: 'Ut judicibus annua successione reparatis, vobis solemnitas non pereat actionis.']

[Footnote 462: 'Vos non patimur emolumentorum commoda perdere.']

BOOK VII.

CONTAINING FORTY-SEVEN FORMULAE.

1. FORMULA OF THE COUNT OF A PROVINCE.

[Sidenote: Comitiva Provinciae.]

'Your dignity, unlike that of most civil officers, is guarded by the sword of war. See however that this terrible weapon is only drawn on occasions of absolute necessity, and only wielded for the punishment of evil-doers. Anyone who is determining a case of life and death should decide slowly, since any other sentence is capable of correction, but the dead man cannot be recalled to life. Let the ensigns of your power be terrible to drivers-away of cattle, to thieves and robbers; but let innocence rejoice when she sees the tokens of approaching succour. Let no one pervert your will by bribes: the sword of justice is sheathed when gold is taken. Receive then for this Indiction the dignity of Count in such and such a Province. So use your power that you may be able to defend your actions when reduced to a private station, though indeed, if you serve us well in this office, we are minded to promote you to yet higher dignities.'

2. FORMULA OF A PRAESES.

[The Praeses had practically the same powers as the Consularis (v. 20) and the Rector (v. 21), but occupied a less dignified position, being only a 'Perfectissimus,' not a 'Clarissimus[463].']

[Footnote 463: See p. 92.]

[Sidenote: Praesidatus.]

'It has been wisely ordered by the Ancients that a Provincial Governor's term of office should be only annual. Thus men are prevented from growing arrogant by long tenure of power, and we are enabled to reward a larger number of aspirants. Get through one year of office if you can without blame: even that is not an easy matter.

It rests then with us to prolong the term of a deserving ruler[464], since we are not keen to remove those whom we feel to be governing justly. Receive then for this Indiction the Praesidatus of such and such a Province, and so act that the tiller of the soil (possessor) may bring us thanks along with his tribute. Follow the good example of your predecessors: carefully avoid the bad. Remember how full your Province is of n.o.bles, whose good report you may earn but cannot compel. You will find it a delightful reward, when you travel through the neighbouring Provinces, to hear your praises sounded there where your power extends not. You know our will: it is all contained in the laws of the State. Govern in accordance with these, and you shall not go unrewarded.'

[Footnote 464: 'Nostrum est merentibus tempus augere.' The limit of one year might therefore be exceeded by favour of the Sovereign.]

3. FORMULA OF THE COUNT OF THE GOTHS IN THE SEVERAL PROVINCES.

[Sidenote: Comitiva Gothorum per singulas Provincias.]

[Dahn remarks ('Konige der Germanen' iv. 157): 'We must go thoroughly into the question of this office. The _Comes Gothorum_ is the most important, in fact almost the only new dignity in the Gothic State, and the formula of his installation is the chief proof of the coexistence of Roman and Gothic law in this kingdom.' I have therefore translated this formula at full length.]

'As we know that, by G.o.d's help, Goths are dwelling intermingled among you, in order to prevent the trouble (indisciplinatio) which is wont to arise among partners (consortes) we have thought it right to send to you as Count, A B, a sublime person, a man already proved to be of high character, in order that he may terminate (amputare) any contests arising between two Goths according to our edicts; but that, if any matter should arise between a Goth and a born Roman, he may, after a.s.sociating with himself a Roman jurisconsult[465], decide the strife by fair reason[466]. As between two Romans, let the decision rest with the Roman examiners (cognitores), whom we appoint in the various Provinces; that thus each may keep his own laws, and with various Judges one Justice may embrace the whole realm. Thus, sharing one common peace, may both nations, if G.o.d favour us, enjoy the sweets of tranquillity.

[Footnote 465: 'Adhibito sibi prudente Romano.']

[Footnote 466: 'Aequabili ratione.']

'Know, however, that we view all [our subjects] with one impartial love; but he may commend himself more abundantly to our favour who subdues his own will into loving submission to the law[467]. We like nothing that is disorderly[468]; we detest wicked arrogance and all who have anything to do with it. Our principles lead us to execrate violent men[469]. In a dispute let laws decide, not the strong arm.

Why should men seek by choice violent remedies, when they know that the Courts of Justice are open to them? It is for this cause that we pay the Judges their salaries, for this that we maintain such large official staffs with all their privileges, that we may not allow anything to grow up among you which may tend towards hatred. Since you see that one lordship (imperium) is over you, let there be also one desire in your hearts, to live in harmony.

[Footnote 467: 'Qui leges moderata voluntate dilexerit.' To translate this literally might give a wrong idea, because with us 'to love the law' means to be litigious.]

[Footnote 468: 'Non amamus aliquid incivile.']

[Footnote 469: 'Violentos nostra pietas execratur.']

'Let both nations hear what we have at heart. You [oh Goths!] have the Romans as neighbours to your lands: even so let them be joined to you in affection. You too, oh Romans! ought dearly to love the Goths, who in peace swell the numbers of your people and in war defend the whole Republic[470]. It is fitting therefore that you obey the Judge whom we have appointed for you, that you may by all means accomplish all that he may ordain for the preservation of the laws; and thus you will be found to have promoted your own interests while obeying our command.'

[Footnote 470: 'Vos autem, Romani, magno studio Gothos diligere debetis, qui et in pace numerosos vobis populos faciunt, et universam Rempublicam per bella defendunt.']

4. FORMULA OF THE DUKE OF RAETIA.

[Sidenote: Ducatus Raetiarum.]