Part 42 (1/2)

'At the same time enquire into the complaints which are brought against the Jews, and if you find that there is any foundation for them, punish accordingly.'

44. KING THEODORIC TO THE VENERABLE ANTONIUS, BISHOP OF POLA.

[Sidenote: Bishop Antonius called upon to do justice to Stepha.n.u.s.]

'It is an invidious task to have to listen to complaints against the revered ministers of the Church.

'But the pet.i.tion of Stepha.n.u.s sets forth that a property, which belonged to him before the time of your predecessor, has, within the last nine months, wrongfully, and in defiance of _civilitas_, been seized by the officers of your church. If this be so, we desire you, as a matter of justice, to correct what your familiars have done amiss, and restore it to him without delay. But if you dispute his t.i.tle, send a properly instructed person to plead the cause in our Comitatus.

'You will be better off by having the matter enquired into and settled, than if the complaints of Stepha.n.u.s had never come to a hearing[358].'

[Footnote 358: There are some technical terms in this letter the meaning of which is not clear to me: 'Eam just.i.tiae consideratione _momenti_ jure rest.i.tuite supplicanti.... Veruntamen si partibus vestris in _causa_ possessionis _momentaria_ vel _princ.i.p.ali_ just.i.tiam adesse cognoscitis.']

45. KING THEODORIC TO THE COMITES, DEFENSORES, AND CURIALES OF TICINUM (PAVIA).

[Sidenote: The Heruli to be forwarded on their way to Ravenna.]

[It is not easy to see why this order should be addressed to the inhabitants of Ticinum. Had the Heruli crossed the Alps by some pa.s.s near the modern Simplon?]

'We have ordered the Heruli, who are suppliants to us, to come to our Comitatus at Ravenna.

'Provide them promptly with s.h.i.+ps of provisions for five days, that they may at once see the difference between Italy and their own hungry country[359].'

[Footnote 359: It is probably to the same transaction that Marcellinus Comes refers when he says, s.a. 512: 'Gens Erulorum in terras atque civitates Romanorum jussu Anastasii Caesaris introducta.' The words 'jussu Anastasii Caesaris' represent this chronicler's tendency to refer everything that is done in Italy to the initiation of Byzantium.]

46. KING THEODORIC TO MARABAD, VIR ILl.u.s.tRIS.

[Sidenote: The case of the wife of Liberius to be reheard.]

'The Spectabilis Liberius[360] complains that his wife has had an unjust judgment given against her in your Court. Try the case over again, a.s.sociating with yourself arbitrators chosen by both parties.

If it cannot so be ended, let them appoint properly instructed persons to represent them at our Comitatus, if they cannot come themselves.'

[Footnote 360: Possibly a son of the Praefect Liberius.]

47. KING THEODORIC TO GUDISAL THE SAJO.

[Sidenote: Abuses of the Cursus Publicus.]

'If the public post-horses (veredi) are not allowed proper intervals of rest they will soon be worn out.

'We are informed by our _legati_ that these horses are constantly employed by persons who have no right to use them.

'You are therefore to reside in Rome, and to put yourself in constant communication with the officers of the Praefectus Praetorio and the Magister Officiorum, so as not to allow any to leave the City using the horses of the _Cursus Publicus_ except the regularly commissioned agents of those two functionaries. Anyone transgressing is to pay a fine of 100 solidi (60) per horse; not that the injury to the animal is represented by so high a figure, but in order to punish his impertinence. Our Sajones, when sent with a commission, are to go straight to the mark and return, not to make pleasure-tours at the public expense; and if they disobey this order, they are to pay the same fine as that just mentioned.

'Moreover, the extra horses (parhippi) are not to be weighted with a load of more than 100 lbs. For we wish our messengers[361] to travel in light marching order, not to make of their journey a regular domestic migration.

[Footnote 361: 'Mittendarii.' A 'Scrinium Mittendariorum' formed part of the staff of the Count of Sacred Largesses. See Theodosian Code vi.