[The Defensor and Curator had evidently almost equivalent powers, but with some slight difference of dignity. They cannot both have existed in the same city. It would be interesting to know what decided the question whether a city should have a Defensor or a Curator.]

This formula differs very little from the preceding, except that the new officer is told 'wisely to govern the ranks of the Curia.' Stress is again laid on the regulation of prices: 'Cause moderate prices to be adhered to by those whom it concerns. Let not merchandise be in the sole power of the sellers, but let an agreeable equability be observed in all things. This is the most enriching kind of popularity, which is derived from maintaining moderation in prices[474]. You shall have the same salary (consuetudines) which your predecessors had in the same place.'

[Footnote 474: 'Opulentissima siquidem et hinc gratia civium colligitur, si pretia sub moderatione serventur.']

13. FORMULA OF THE COUNT OF ROME.

[Sidenote: Comitiva Romana.]

'If even bolts and bars cannot secure a house from robbery, much more do the precious things left in the streets and open s.p.a.ces of Rome require protection. I refer to that most abundant population of statues, to that mighty herd of horses [in stone and metal] which adorn our City. It is true that if there were any reverence in human nature, it, and not the watchman, ought to be the sufficient guardian of the beauty of Rome[475]. But what shall we say of the marbles, precious both by material and workmanship, which many a hand longs, if it has opportunity, to pick out of their settings? Who when entrusted with such a charge can be negligent? who venal? We entrust to you therefore for this Indiction the dignity of the Comitiva Romana, with all its rights and just emoluments. Watch for all such evil-doers as we have described. Rightly does the public grief[476] punish those who mar the beauty of the ancients with amputation of limbs, inflicting on them that which they have made our monuments to suffer. Do you and your staff and the soldiers at your disposal watch especially by night; in the day the City guards itself. At night the theft looks tempting; but the rascal who tries it is easily caught if the guardian approaches him unperceived. Nor are the statues absolutely dumb; the ringing sound which they give forth under the blows of the thief seems to admonish their drowsy guardian. Let us see you then diligent in this business, that whereas we now bestow upon you a toilsome dignity, we may hereafter confer an honour without care.'

[Footnote 475: 'Si esset humanis rebus ulla consideratio Romanam pulchritudinem non vigiliae sed sola deberet reverentia custodire.']

[Footnote 476: 'Quia juste tales persequitur publicus dolor.']

14. FORMULA OF THE COUNT OF RAVENNA.

[Sidenote: Comitiva Ravennatis.]

'High is your honour, to be the means of taking away all slowness from the execution of our orders. Who knows not what a quant.i.ty of ships you can muster at the least hint from us! Scarcely is the ink dry on the _evectio_ [permission to use the public post] prepared by some palace dignitary, when already with the utmost speed it is by you being carried into effect. Do not exact too much service from merchants[477], nor yet from corrupt motives let them off too easily.

Be very careful in your judicial capacity, and especially when trying the causes of the poor, to whom a small error in your judgment may be far more disastrous than to the rich.'

[Footnote 477: 'Negociatorum operas consuetas nec nimias exigas, nec venalitate derelinquas.' Apparently then a certain amount of forced labour could be claimed from the owners of merchant-vessels by the Count of Ravenna.]

15. FORMULA ADDRESSED TO THE PRAEFECT OF THE CITY ON THE APPOINTMENT OF AN ARCHITECT.

[Sidenote: Architectus Publicorum.]

'It is desirable that the necessary repairs to this forest of walls and population of statues which make up Rome should be in the hands of a learned man who will make the new work harmonise with the old.

Therefore for this Indiction we desire your Greatness to appoint A B Architect of the City of Rome. Let him read the books of the ancients; but he will find more in this City than in his books. Statues of men, showing the muscles swelling with effort, the nerves in tension, the whole man looking as if he had grown rather than been cast in metal.

Statues of horses, full of fire, with the curved nostril, with rounded tightly-knit limbs, with ears laid back--you would think the creature longed for the race, though you know that the metal moves not. This art of statuary the Etruscans are said to have practised first in Italy; posterity has embraced it, and given to the City an artificial population almost equal to its natural one. The ancients speak of the wonders of the world [here enumerated and described], but this one of the City of Rome surpa.s.ses them all. It had need to be a learned man who is charged with the care of upholding all these works; else, in his despair, he will deem himself the man of stone, and the statues about him the truly living men.'

16. FORMULA OF THE COUNT OF THE ISLANDS OF CURRITANA AND CELSINA.

[Sidenote: Comitiva Insulae Curritanae et Celsinae.]

[Celsina, from the place in which it is mentioned in the 'Itinerary'

of Antonine (516), was probably one of the Lipari Islands. Curritana must have been near it but is not further identified.]

'The presence of a ruler is necessary; and it is not desirable that men should live without discipline, according to their own wills. We therefore appoint you Judge of these two islands. For it is right that someone should go to the habitations of these men, who are shut out from converse with the rest of their kind, and settle their differences by fair reason.

'Oh ye inhabitants of these islands, ye now know whom our Piety has set over you, and we shall expect you to obey him.'

17. FORMULA CONCERNING THE PRESIDENT OF THE LIME-KILNS.

[Sidenote: Praepositus Calcis.]

'It is a glorious labour to serve the City of Rome. It cannot be doubted that lime (coctilis calx), which is snow-white and lighter than sponge, is useful for the mightiest buildings. In proportion as it is itself disintegrated by the application of fire does it lend strength to walls; a dissolvable rock, a stony softness, a sandy pebble, which burns the best when it is most abundantly watered, without which neither stones are fixed nor the minute particles of sand hardened.

'Therefore we set you, well known for your industry, over the burning and distribution of lime, that there may be plenty of it both for public and private works, and that thereby people may be put in good heart for building. Do this well, and you shall be promoted to greater things.'

18. FORMULA CONCERNING ARMOURERS.

[Sidenote: Armorum Factores.]

'Good arms are of the utmost importance to a community. By means of them man, the frailest of creatures, is made stronger than monstrous beasts. Phoroneus is said to have first invented them, and brought them to Juno to consecrate them by her divinity.

'For this Indiction we set you over the soldiers and workmen in our armouries. Do not presume in our absence to pa.s.s bad workmanship. We shall find out by diligent search all that you do, and in such a matter as this consider no mistake venial.'

19. FORMULA ADDRESSED TO THE PRAETORIAN PRAEFECT CONCERNING THE ARMOURERS.

[Sidenote: Ad Praefectum Praetorio de Armorum Factoribus.]

Announces to the Praefects the appointment conferred in the preceding letter, and repeats that to supply inferior arms to soldiers is an act of treason. The workmen are to receive their just _consuetudines_ [wages].

20 and 21. FORMULA AS TO THE COLLECTION OF BINA AND TERNA:

(1) _If collected by the Judge himself;_ (2) _If collected by his Officium._

[Sidenote: Binorum et Ternorum: (xx.) si per Judicem aguntur; (xxi.) si per Officium aguntur.]

These _Bina_ and _Terna_, as stated in the note to iii. 8, are a mystery. All that can be positively stated about them is that they were a kind of land-tax, collected from the cultivators (possessores), and that they had to be brought into the Treasury by the first of March in each year. Under the first formula the Judex himself, under the second two _Scriniarii_ superintend the collection, reporting to the Count of Sacred Largesses. As in the previous letter (iii. 8), the Judex is reminded that if there is any deficiency he will have to make it good himself. Cf. Manso, 'Geschichte des Ostgothischen Reiches'

388; and Sartorius, 'Regierung der Ostgothen' 207 and 347.

22. FORMULA OF EXHORTATION ADDRESSED TO THE TWO SCRINIARII REFERRED TO IN FORMULA 21.

[Sidenote: Commonitorium illi et illi Scriniariis.]

'Your day of promotion is come. Proceed to such and such a Province, in order that you may a.s.sist the Judex and his staff in collecting the _Bina_ and _Terna_, before the first of March, and may forward them without delay to the Count of Sacred Largesses. Let there be no extortion from the cultivator, no dishonest surrender of our rights.'

23. FORMULA OF THE VICARIUS OF PORTUS.

[Sidenote: Vicarius Portus.]

'Great prudence is necessary in your office, since discords easily arise between two nationalities. Therefore you must use skill to soothe those [the Greek merchants and sailors from the Levant] whose characters are unstable as the winds, and who, unless you bring their minds into a state of calm, will, with their natural quickness of temper, fly out into the extremity of insolence.'

24. FORMULA OF THE PRINCEPS OF DALMATIA.