Part 65 (2/2)

'The _pietas_ of the King is happily shown in moderating the sentence of the law, where for certain reasons it bears with especial hardness on anyone. The Curiales have peculiar advantages in their opportunity of being thus liberated by the Sovereign from the performance of their duties[580]. It is reasonable to release a Curialis whose health prevents him from fulfilling his appointed task; and a numerous Curia will never miss a few names out of so large a number.

[Footnote 580: 'Neque enim ob aliud Curiales leges sacratissimae ligaverunt, nisi ut c.u.m illos soli principes absolverent, indulgentiae praeconia reperirent.']

'Therefore let your Ill.u.s.trious Magnificence remove Agenantia, wife [or widow?] of the most eloquent man Campania.n.u.s, dwelling in Lucania, from the alb.u.m of her Curia, and her sons also, so that posterity may never know that they were formerly liable to Curial duties.

'Remitted to the ranks of [mere] Possessores they will now be liable to the same demands which formerly [as members of the Curia] they made upon others. They will now dread the face of the tax-collector (compulsor), and will begin to fear the mandates by which formerly they made themselves feared[581]. Still this is a sign of their past good life, that they are willing to live without office _among_ a population whose dislike they are not conscious of having incurred, and _under_ old colleagues whom they know that they have not incited to an abuse of their powers.'

[Footnote 581: 'Formidare delegata incipient, per quae antea timebantur.' To translate by an a.n.a.logy, 'And will tremble at the rate-summonses, their signatures to which used to make other men tremble.']

5. KING ATHALARIC TO THE BISHOPS AND FUNCTIONARIES OF ----[582].

[Footnote 582: 'Episcopis et Honoratis.' Perhaps it is from motives of delicacy that Ca.s.siodorus has not added the name of the Province.]

[Sidenote: Forestalling and regrating of corn prohibited.]

'We learn with regret by the complaint of the Possessores of your district that the severity of famine is being increased by the conduct of certain persons who have bought up corn and are holding it for higher prices. In a time of absolute famine there can be no ”higgling of the market;” the hungry man will submit to be cheated rather than let another get the food before him[583].

[Footnote 583: 'In necessitate siquidem penuriae pretii nulla contentio est: dum pat.i.tur quis induci ne possit aliqua tarditate percelli.']

'To stop this practice we send to you the present messengers, whose business it is to examine all the stores of corn collected for public distribution[584] or otherwise, to leave to each family sufficient for its needs, and to purchase the remainder from the owners at a fair market price. Co-operate with these orders of ours cheerfully, and do not grumble at them. Complain not that your freedom is interfered with. There is no free-trade in crime[585]. If you work with us you will earn good renown for yourselves; if against us, the King's reputation will gain by your loss. It is the sign of a good ruler to make men act righteously, even against their wills.'

[Footnote 584: 'Sive in gradu [panis gradilis?] sive in aliis locis.']

[Footnote 585: A paraphrase, confessedly anachronistic, of 'Ne quis ergo venditionem sibi impositam conqueratur, sciat libertatem in crimine non requiri.']

6. KING ATHALARIC TO ----, PRIMISCRINIUS.

[Sidenote: A furlough granted for a visit to Baiae.]

'You complain that your health is failing under the long pressure of your work, and that you fear, if you absent yourself, you may lose the emoluments of your office. At the same time you ask leave to visit the Baths of Baiae. Go then with a mind perfectly at rest as to your emoluments, which we will keep safe for you. Seek the Sun, seek the pure air and smiling sh.o.r.e of that lovely bay, thickly set with harbours and dotted with n.o.ble islands--that bay in which Nature displays all her marvels and invites man to explore her secrets. There is the Lake of Avernus, with its splendid supply of oysters. There are long piers jutting out into the sea; and the most delightful fis.h.i.+ng in the world is to be had in the fish-ponds--open to the sky--on either side of them. There are warm baths, heated not by brick-work flues and smoky b.a.l.l.s of fire, but by Nature herself. The pure air supplies the steam and softly stimulates perspiration, and the health-giving work is so much the better done as Nature is above Art.

Let the Coralli [in Moesia, on the sh.o.r.e of the Euxine] boast their wonderful sea, let the pearl fisheries of India vaunt themselves. In our judgment Baiae, for its powers of bestowing pleasure and health, surpa.s.ses them all. Go then to Baiae to bathe, and have no fear about the emoluments.'

7. KING ATHALARIC TO REPARATUS, PRAEFECT OF THE CITY.

[We learn from Procopius ('De Bello Gotthico' i. 26) that Reparatus was brother of Pope Vigilius; that in 537 he escaped from the captivity in which the other Senators were kept at Ravenna by Witigis, and fled to Milan. In 539 Reparatus, who was then Praefectus Praetorio, was captured at Milan by the Goths, hewn in pieces, and his flesh given to the dogs (Ibid. ii. 21).]

[Sidenote: Reparatus appointed Praefectus Urbis.]

'The son of a high official naturally aspires to emulate his father's dignities. Your father had a distinguished career, first as Comes Largitionum, then as Praefectus Praetorio. While holding the latter office, he repaired the Senate-house, restored to the poor the gifts (?) of which they had been deprived[586], and though not himself a man of liberal education, pleased all by the natural charm of his manner.

[Footnote 586: 'Curiam reparans, pauperibus ablata rest.i.tuens.']

'You have those advantages of mental training which were denied to your father. Education lifts an obscure man on to a level with n.o.bles, but also adorns him who is of n.o.ble birth. You have moreover been chosen as son-in-law by a man of elevated character, whose choice is in itself a mark of your high merit. You are coming young to office[587]; but, with such a man's approbation, you cannot be said to be untried.

[Footnote 587: 'Licet primaevus venias ad honorem.']

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