'We therefore confer upon you for this Indiction the dignity of Praefect of the City. The eyes of the world are upon you. The Senate, that ill.u.s.trious and critical body, the youngest members of which are called _Patres_, will listen to your words. See that you say nothing which can displease those wise men, whose praise, though hard to win, will be most sweet to your ears. Diligently help the oppressed. Hand on to your posterity the renown which you have received from your ancestors.'

8. KING ATHALARIC TO COUNT OSUIN (OR OSUM), VIR ILl.u.s.tRIS[588].

[Footnote 588: Cf. iii. 26 and iv. 9. In the former letter he is called Osun.]

[Sidenote: Osuin made Governor of Dalmatia and Savia.]

'We reward our faithful servants with high honours, hoping thereby to quicken the slothful into emulation, when they ask themselves why, under such an impartial rule, they too do not receive promotion.

'We therefore again entrust to your Ill.u.s.trious Greatness the Provinces of Dalmatia and S(u)avia. We need not hold up to you the examples of others. You have only to imitate yourself, and to confer now again in your old age the same blessings on those Provinces which, as a younger man, you bestowed on them under our grandfather.'

9. KING ATHALARIC TO ALL THE GOTHS AND ROMANS (IN DALMATIA AND SAVIA).

[Sidenote: The same subject.]

'We send back to you the Ill.u.s.trious Count Osuin, whose valour and justice you already know, to ward off from you the fear of foreign nations, and to keep you from unjust demands. With him comes the Ill.u.s.trious Severinus[589], that with one heart and one mind, like the various reeds of an organ, they may utter their praiseworthy precepts.

[Footnote 589: We are not told in what capacity Severinus came.

Probably it was on account of Osuin's age that Severinus was a.s.sociated with him.]

[Sidenote: Remission of Augmentum.]

'As an act of grace on the commencement of our reign, we direct the Count of the Patrimony to remit to you all the super-a.s.sessment (augmentum) which was fixed for your Province at the fourth Indiction[590].

[Footnote 590: 'Per quartam Indictionem quod a n.o.bis augmenti nomine quaerebatur ill.u.s.trem virum Comitem Patrimonii nostri nunc jussimus removere.' As the fourth Indiction began Sept. 525, in the lifetime of Theodoric, it is clear that that date belongs to the imposition, not to the removal of the 'augmentum.']

'We also grant that when the aforesaid person [Severinus] returns to our presence, you may send suitable men with him to inform us of your financial position, that we may, by readjustment of the taxes, lighten your load if it be still too heavy. Nothing consolidates the Republic so much as the uninjured powers of the taxpayer.'

10. KING ATHALARIC TO ALL THE PROVINCIALS OF THE CITY OF SYRACUSE.

[Sidenote: Remission of Augmentum to Syracusans.]

'Lately we announced to you our accession: now we wish to confer upon you a benefit in the matter of taxes. For we look on that only as our revenue which the cultivator pays cheerfully. Our grandfather, considering the great increase in wealth and population which his long and peaceful reign had brought with it, thought it prudent to increase the taxes to be paid by the Province of Sicily[591]. He was quite right in doing this, but he thereby prepared for us, his young successor, an opportunity of conferring an unexpected favour, for we hereby remit to you all the augmentum which was a.s.sessed upon you at the fourth Indiction. And not only so, but all that you have already paid under this head for the fifth Indiction (526-7) we direct the tax-collectors to carry to your credit on account[592].

[Footnote 591: 'Avus noster de suis beneficiis magna praesumens (quia longa quies et culturam agris praest.i.tit et populos ampliavit) intra Siciliam provinciam sub consueta prudentiae suae moderatione censum statuit subflagitari ut vobis cresceret devotio, quibus se facultas extenderat.']

[Footnote 592: This most be the meaning of 'quicquid a discursoribus novi census per quintam Indictionem probatur affixum, ad vestram eos fecimus deferre not.i.tiam.']

'Besides this, if anyone have to complain of oppression on the part of the Governors of the Province, let him seek at once a remedy from our Piety. Often did our grandfather of glorious memory grieve over the slowness of the Governors to obey their letters of recall, feeling sure that they were lingering in the Provinces neither for his good nor yours.

'We however, with G.o.d's help, shall go on in the good work which we have begun. You have a Prince who, the older he grows, the more will love you. We send to you our Sajo Quidila, who will convey to you our orders on this matter.'

11. KING ATHALARIC TO GILDIAS, VIR SPECTABILIS, COUNT OF SYRACUSE.

12. KING ATHALARIC TO VICTOR AND WITIGISCLUS (OR WIGISICLA), VIRI SPECTABILES, CENSITORES[593] OF SICILY.

[Footnote 593: Tax-collectors. The word is unknown to the Not.i.tia, but Censuales occurs once in it (Not. Occ. iv.).]

[Sidenote: Oppressions exercised by the King's officers in Sicily rebuked.]

Victor and Witigisclus are sharply rebuked for their delay in desisting from the oppression of the Provincials and coming to the Court of Theodoric when called for[594], a delay which is made more suspicious by their not having presented themselves to welcome Athalaric on his accession. Both they and Count Gildias are informed of the King's decision to remit the increased tax imposed at the fourth Indiction (Sept. 525); and the two Censitores are recommended, if they are conscious of having oppressed or injured any of the Provincials, to remedy the matter themselves, as the King has given all the Sicilians leave to appeal to himself against their oppressions: and the complaints of the Sicilians, though distant, will certainly reach his ears.

[Footnote 594: 'Quos etiam seris praeceptionibus credidit esse admonendos, ut _relicto tandem provincialium gravamine_ ad ejus deberetis just.i.tiam festinare.']

13. KING ATHALARIC TO WILLIAS, VIR ILl.u.s.tRIS, COMES PATRIMONII.

[Sidenote: Increase of emoluments of Domestici.]

'Your Greatness informs us of cases that have come to your knowledge, in which the Guards (Domestici) attending the Counts who are appointed [to the government of various Provinces] have oppressed the Provincials by their exactions. As we believe that there is some excuse for this in the smallness of their _emolumenta_, which at present consist of only 200 solidi (120) and ten rations (Annonae), we direct that you henceforth pay them, as from the fifth Indiction (Sept. 526), 50 solidi (30) annually, in addition to the above, charging this further payment to our account. By taking away Necessity, the mother of crimes, we hope that the practice of sinning will also be removed. If, after this, anyone is found oppressing the Provincials, let him lose his _emolumenta_ altogether. Our gifts enn.o.ble the receiver, and are given in order to take away from him any pretext for begging from others.'

[The Domestici were a very select corps of Life-guardsmen; probably only a very small number of them would accompany a Provincial Governor to his charge. This may explain what seems an extraordinarily high rate of pay. Perhaps it is the Comes himself, not his Domestici, who is to receive the emolumenta here specified; but, if so, the letter is very obscurely expressed.]

14. KING ATHALARIC TO GILDIAS, VIE SPECTABILIS, COUNT OF SYRACUSE.

[Sidenote: Oppressive acts charged against Gildias, Comes of Syracuse.]

'We hear great complaints of you from the Sicilians; but, as they are willing to let bye-gones be bye-gones, we accede to their request, but give you the following warning:

'(1) You are said to have extorted large sums from them on pretence of rebuilding the walls, which you have not done. Either repay them the money or build up their walls. It is too absurd, to promise fortifications and give instead to the citizens hideous desolation[595].

[Footnote 595: 'Nimis enim absurdum est, spondere munitiones et dare civibus excecrabiles vast.i.tates.']

'(2) You are said to be claiming for the Exchequer (under the name of "Fiscus Caducus") the estates of deceased persons, without any sort of regard for justice, whereas that t.i.tle was only intended to apply to the case of strangers dying without heirs, natural or testamentary.

'(3) You are said to be oppressing the suitors in the Courts with grievous charges[596], so that you make litigation utterly ruinous to those who undertake it.

[Footnote 596: 'Conventiones.' I think the complaint here is of the expenses of 'executing process.' It is not as Judge but as the functionary who carries the Judge's orders into effect that Gildias is here blamed.]

'We order therefore that when _our_[597] decrees are being enforced against a beaten litigant, the gratuity claimed by the officer shall be the same which our glorious grandfather declared to be payable--according to the respective ranks of the litigants--to the Sajo who was charged with the enforcement of the decree; for gratuities ought not to be excessive[598].

[Footnote 597: 'Nostra' (the reading of Nivellius) seems evidently a better reading than 'vestra' (which Migne has adopted).]

[Footnote 598: 'Commodum debet esse _c.u.m modo_.' A derivation or a pun.]

'But if _your_ decrees are being enforced--and that must be only in cases against persons with whom the edicts allow you to interfere[599]--then your officer must receive half the gratuity allowed to him who carries our decrees into execution. It is obviously improper that the man who only performs _your_ orders should receive as much as is paid out of reverence for _our_ command. Anyone infringing this const.i.tution is to restore fourfold.

[Footnote 599: 'Duntaxat in illis causis atque personis, ubi te misceri edicta voluerunt.']

'(4) The edicts of our glorious grandfather, and all the precepts which he made for the government of Sicily, are to be so obediently observed that he shall be held guilty of sacrilege who, spurred on by his own beastly disposition, shall try to break down the bulwark of our commands[600].

[Footnote 600: 'Quisquis belluinis moribus excitatus munimen tentaverit irrumpere jussionum.']

'(5) It is said that you cite causes between two Romans, even against their will, before your tribunal. If you are conscious that this has been done by you, do not so presume in future, lest while seeking the office of Judge, for which you are incompetent, you wake up to find yourself a culprit. You, of all men, ought to be mindful of the Edictum, since you insist on its being followed by others. If not, if this rule is not observed by you, your whole power of decreeing shall be taken from you. Let the administration of the laws be preserved intact to the _Judices Ordinarii_. Let the litigants throng, as they ought to do, to the Courts of their _Cognitores_. Do not be gnawed by envy of their pomp. The true praise of the Goths is _law-abidingness_[601]. The more seldom the litigant is seen in your presence the greater is your renown. Do you defend the State with your arms; let the Romans plead before their own law courts in peace.