雜記與文集 第 4 章

Although the innumerable multitude of your kinsmen lends confidence to your fortitude, although you remember that the mighty Attila was brought low by the strength of the Visigoths, nevertheless, because the hearts of fierce peoples grow soft with long peace, beware of suddenly casting upon the hazard of the die those who, it is established, have for so long a time had no exercises of war. Conflict is terrible to men, if it be not constant; and unless it be undertaken by practice, confidence in fighting is not suddenly had. Far be it that blind indignation should snatch anything from you. It is provident moderation that preserves nations: but fury for the most part hurls headlong into pressing danger, and then alone is it useful to rush to arms, when justice cannot find a place with the adversary.

Wherefore hold back, until we ought to direct our legates to the king of the Franks, that the judgments of friends may cut off your dispute. For between two who are joined to us by kinship we do not wish anything such to happen, whereby it might chance that one be found the lesser. The shed blood of kinsmen does not inflame you, no occupied province grievously burns you: as yet it is a small contention about words: you will settle it most easily, if you do not provoke your spirits through arms. Let us set against him, kinsman though he be, together with our confederates, distinguished nations and justice, which makes kings the stronger: quickly does he change his mind who perceives such men armed against him.

And therefore, having first uttered the honor of greeting, we have believed that our legates, such-and-such, ought to be directed to you, who may both sufficiently make known to you our commands, and may hasten, with your consent, even as far as our brother Gundobad and the other kings, lest you should seem to labor through the instigation of those who malignantly rejoice in another's strife. For may the divine powers avert that that iniquity should prevail over you. We judge your common evil to be our enemy. For he will rightly endure me as his adversary, who strives to be against you. It is a grievous evil to see, among dear and royal persons, wills opposed to one another, and by dissembling to look on while from one of them something to be lamented may arise.

It is not carried on without envy of us, if, while we look on patiently, war is waged with the slaughter of kinsmen. You all have, through me, the pledges of great grace: no one is set apart from another: if you offend in anything among yourselves, you sin grievously to my sorrow. It is ours to govern the royal youths by setting reason before them, because they, if they truly perceive that what they wrongly desire displeases us, cannot retain the audacity of their own will. The young men show reverence, although they are fervid with the flower of their age. Let them know that we are adversaries to their oppositions, and wish to pursue this end—that neither side may be allowed to go to excess. For it befits us to speak harsh words, lest our kinsmen should be brought to the uttermost.

And therefore we have believed that such-and-such legates ought to be sent to your fraternity, so that, if it should seem good to our son Alaric, we ought to direct them to the king of the Franks together with the nations confederate with us, in order that the cause which is being disputed between them may be reasonably cut off by intermediary friends. For it befits such and so great kings not to seek lamentable brawls among themselves, so as to be able to wound even us by their misfortunes. Wherefore let your fraternity, with zeal joined to mine, strive to restore their concord: because no one can believe that they have come to these battles without our wish, unless it be made wholly clear that, lest they come to conflict, the contests are rather ours.

Certain things, indeed, we have entrusted to be intimated to you in speech by the bearers of the present letters, so that your prudence may compose all things in such a way as it has been accustomed, with God's help, to accomplish, on which it is wont most diligently to deliberate. The assent of the general body ought to pursue pride, ever hateful to the Godhead. For he who wishes to overthrow a noted nation by voluntary iniquity does not purpose to keep what is just toward others. It is a most wicked custom to despise the truth. He believes that all things yield to him, if it chance that, puffed up, he should prevail in an abominable contest.

And therefore you, whom conscious valor exalts and consideration of a detestable presumption inflames, send your legates together with mine and those of our brother King Gundobad to Lludwin (Clovis), king of the Franks, so that either he may, with equity considered, refrain from conflict with the Visigoths and seek the laws of nations, or else he may suffer the assault of all who judge that the arbitration of so great kings is to be scorned. What more does he seek, to whom absolute justice is offered? I shall say plainly what I feel: he who wishes to act without law purposes to shatter the realms of all. But better let the pernicious assumption be checked at its beginnings, so that what might have been the struggle of single persons may be accomplished, without labor, by all.

Call to mind, indeed, the affection of the elder Euric, with how many gifts he often aided you, how often he held off from you the impending wars of neighboring nations. Render to his son the thanks which you nevertheless acknowledge to have been bestowed for your own advantages. For if anything should prevail against so great a kingdom, he will without doubt presume to attack you. Wherefore, greeting your excellency with an epistolary discourse, we have entrusted, through our legates such-and-such, the bearers of the present letters, certain things to be told to you by word, so that you, who follow our arrangement with God's help, may be embraced by one assent, and may do this abroad, lest you should be able to fight within your own provinces.

Therefore the divine powers willed that among kings the rights of kinship should grow together, so that through their placable spirit the longed-for repose of peoples might come about. For this is a sacred thing, which is suffered to be violated by no disturbance. For by what hostages should faith be held, if it be not trusted to affections? Lords are united by nearness, so that divided nations ought to glory in like will, and, as it were through certain channels of concord, the united desires of the nations might be able to join themselves together. Since these things are so, we marvel that your minds are thus stirred up by middling causes, so that you should wish to undergo a most hard conflict with our son King Alaric, so that many who fear you may rejoice at your contention. You are both kings of the greatest nations, both flourishing in age.

You do not lightly shake your kingdoms, if, liberty being granted to the parties, you contend. Let not your valor become an unforeseen calamity to your fatherland, because it is a great cause for envy that, in light causes, there should be a grave ruin of peoples through kings. I shall speak freely, I shall speak affectionately what I feel: it is an impatient disposition to set arms in motion at once at the first embassy. What is sought from kinsmen, let it be sought with chosen judges. For among such men it is agreeable even to them to make concessions, whom you shall have wished to make intermediaries. What can you yourselves estimate concerning us, if you learn that we have abandoned your interests? Far be that conflict, where one of you can grieve, brought low. Cast away the sword, you who wish to fight to my reproach.

By the right of a father and of one who loves, I admonish you. He will find us and our friends opposed to him, who shall have believed—what we do not suppose—that such warnings are to be scorned. Wherefore we have believed that such-and-such, our legates, ought greatly to be directed to your excellency, through whom also we have sent our writings to your brother, our son King Alaric, so that no foreign malignity may sow discords among you: but, persevering in peace, you ought to bring to a placable end, through intermediary friends, the things that are in dispute. Through them also we command certain things to be told to you by word, so that the nations which have flourished under your fathers in long peace ought not to be laid waste by a sudden shock.

For you ought to believe him whom you know to smile upon your advantages, since he who wishes to send another into headlong falls, it is certain, does not faithfully warn him. If either nobility alone adorned you, or you were strong only in the praise of merits, perhaps we should weigh out the dignities to be conferred with a probable delay, lest great things grow cheap, when all were poured forth at once. But now, since all things attend you in serried array, and there is lacking to one man no quality that is proclaimed in many, it befits our justice that, when you have brought forth copious goods, princely munificence should most richly repay you. For there is not for you that order of advancement which belongs to many:

to be advanced little by little is proved to be of middling virtue, while what is prepared under gentleness is recognized too tardily. By a certain leap your prosperity extends itself, and from you perfection alone is sought, since many things are born along with you. For the dignities of your line have been wrought out over long ages, which have set their household gods, as it were in a most well-known dwelling, within your family. For, to pass over the ancient ages—which seemed abundantly to bring forth distinguished men—you shine conspicuous with the twin glory of father and uncle: who not only furnished an ornament to their own family, but bestowed honor on the senate itself: in modern times they were adorned with ancient morals: endowed with goodness, glorious in constancy, prone to friendship, slow to take up hatreds.

Thus—what is the greatest kind of felicity—when many powers were proved to be theirs, it befell them not to have the envy of those who persecute. Nay rather, around them hung the anxious prayers of the city, public love growing beyond that for private men. The senate followed their spirit, the throng followed their purpose: and it was necessary that Rome should will what all seemed to desire; and, by a marvelous outcome of prosperity, the wandering will of the peoples kept a firm judgment around them—which, among the other dignities, we judge to be the most excellent gift. For if the love of a few is now justly glory, what acclaim can the affection of so great a city possess? Accordingly, just as all unwelcome things seem obscure, so things generally beloved are illustrious.

Adorned, therefore, with the praise of so many forebears, and yourself conspicuous with the light of your character, take up, after the consular fasces honorably discharged, the insignia of the patriciate, the full reward of your dignities, and gird your matured locks with the fillets of hoary honor—you who by the praise of your merits have surpassed the prejudgments of age. For why should rewards come tardily to him for whom so many examples of his line cast their votes? Indeed in you is chosen the praise of birth, the glory of living: and though you draw much from the ancients, you have deserved to please by your own qualities. For from the very beginning of life, which among the herds of flatterers is wont to be rare, you have striven to display fidelity to noble virtues.

And therefore make firm the footprint of your purpose, so that you who in early youth obtained glory may, in your flourishing years, be increased with glorious honors. Look, in fine, with how great and special a praise of your forebears you are adorned. It is a kind of fault not to have done what is highest. For from your maturity much better things ought indeed to come, you whom in tender age we have known to do things worthy of proclaiming. For we are confident that neither the institution of your line nor our judgment concerning you can err. It is pleasing to us indeed, conscript fathers, to lead new persons to the heights of honors. It delights us to insert men of foreign stock into the bosom of Liberty, so that the hall of the senate may grow leafy with varied virtues.

For such a multitude adorns the assembly and renders the public face joyful by its honored throng. But it is proved much more acceptable to us, as often as we restore to dignities those who are born of the very brightness of the curia, because our scrutinies are not anxious about you, while you transmit pre-judged goods, you who bestow merits together with light. The very origin is already glory: praise is born together with nobility. The beginning of dignity is for you the same as that of life. For the most ample honor of the senate is begotten along with you, to which scarcely by mature years is one able to arrive.

Although we judge these things truly concerning you all, so that the grace of the senators may embrace the spirit of the order, yet most of all does the blood of the Decii irradiate the luminaries of our serenity, which for so many continuous years shines with a like splendor of virtue: and although glory be rare, it is not recognized as varied in so long a lineage. To its own ages the noble vein produces foremost men: it knows not that anything mediocre is born thence: as many approved as begotten, and—what comes about with difficulty—a choice multitude. Behold, from one seed there springs a fourfold honor: the honor of the citizens, the glory of the line, the increase of the senate; who, although they shine by the sharing of merits, you will nevertheless find one whom you can praise for his own.

Look, surely, upon the young man, more pleasing through the grace of his form, by the beauty of his mind. His face reflects the glory of his blood, the nature of his soul is betrayed through his countenance, and by the serenity of his body he wipes away even the clouds of the mind. But these goods of nature he has adorned with the insignia of letters, so that, polished on the whetstone of the great arts, he might shine the more in the inmost recesses of the mind. In the books of the ancients he came to know the ancient Decii, and a noble progeny living by the benefit of a glorious death. Most happy indeed is the labor of studies, to whom it has fallen to learn the song of the ancients through his parents, and to school the first beginnings of his tender breast in ancestral praise. It pleases me to relate with how great a spectacle the gaze of the whole school was then turned upon him:

As though she were listening to a parent, she soon, seeking an heir, fixed her attention, so that what she had known her ancestor to say she might confirm through his very likenesses. For just as an unworthy posterity disowns the praises of an ancient lineage, so a distinguished one confirms the noble sayings handed down from the fathers. All that is read of these men was believed, since the present vein of virtues taught the heraldings of the ancients, while in the workshop of the lecture-hall the flame of talents glowed anew. By such examples indeed was she shaped, but more happily was she advanced by domestic governance. For with the comfort of her husband withdrawn, the glorious mother took up the burden of ruling, whom neither the vast care of the patrimony nor the guardianship of so many sons could disturb.

She nourished them with sustenance, increased them with patrimonies, adorned them with honours; and as many youths as she brought forth for the family, so many men of consular rank she rendered back to the senate. This therefore our discernment, the searcher of characters, has inspected, which seeks out even the good of domestic virtue, so that amid private merits it ought to bestow public ornaments upon the praiseworthy. And therefore, conscript fathers, upon the illustrious and magnificent man Importunus we have granted the summit of the patriciate, so that your assembly, as it sprouts forth by the lot of birth, may likewise be increased by the fasces. Bestow your favour upon his parent, unite your votes: it is your own stock that we approve.

You surely have that for which you may ascribe to yourselves an ingenious praise, if out of love of kinship you make the judgement public, and what is paid out for the affection of nature is reckoned as conferred at our commands. We indeed enjoin all to cherish and observe justice, but most of all those who are raised to divine honours, that they may become near to the grace from above, when they are far removed from earthly cupidity. John therefore has appealed to us with a tearful plea that your holiness received from him sixty jars of oil for the filling of the lamps, the price of which he asks ought to be restored to him. A good vow indeed, provided that nothing adverse be mingled there.

For although it is fitting everywhere that justice be kept, it is most necessary in those things which are offered to the divine sight, lest we think that God is ignorant whence He receives, if He should acquiesce in defrauded offerings. And therefore, if you recognize that the complaint of the suppliant is true, by that regard for justice which you proclaim by the holy law, cause what is owed by right to be restored without delay: so that no one may groan that losses were inflicted upon him through you, whom it rather befits to furnish aid. Wherefore take care that you, who are not wont to transgress in great matters, may not now seem—God forbid—to sin in a small one.

The principle of justice persuades that there be demanded from each man what is established as enjoined upon him, and that public moneys be sought with insistence, lest neglect should burden the debtor. For if remissness creep into the admonitions, contempt must needs envelop all. And in a certain way cruelty is born of pity, if you neglect to admonish anyone, and afterwards are compelled to exact. A useful care therefore it is to give warning beforehand, since thereby both occasion is withdrawn from offences and place is cleansed of unlawful deeds. Wherefore from the suggestion of the illustrious man, the count of the sacred largesses, we have learned that long ago, according to ancient custom, the collection of the two-per-cent and three-per-cent levies was delegated to you.

Wherefore by these present words we admonish you, that according to the trust of the canonical collector you ought to fulfil the appointed terms, lest, whatever loss the public treasury sustain, you be compelled to pay it from your own property—you by whom neither reverence was shown to so great a command nor the faith of your own promise fulfilled. It is indeed of our purpose to construct new things, but more to preserve the old, since we can acquire no less praise from things discovered than from things kept safe. Accordingly we desire to raise up modern works without diminishment of the former: for whatever comes through another's harm is not approved as acceptable to our justice. In your municipality therefore we have learned that columns and stones lie unused, demolished by the envy of antiquity:

And since to preserve things lying about unbecomingly profits nothing, they ought to rise again to a renewed adornment rather than display grief out of the memory of preceding ages. And therefore by the present authority we decree that, if the report of those who suggest this is true and nothing is now found suitable for public adornment, the aforesaid slabs or columns be handed over by all means to be conveyed to the city of Ravenna: so that, the fallen marbles being recast, a face obliterated may again be restored out of a most beautiful art, and the things that had been darkened by neglect may recover the quality of their ancient brilliance.

It befits your prudence to comply with what is appointed for the increase of the royal buildings, since it is the mark of a most noble citizen to consider the enlargements of his fatherland, especially since it is of our zeal to decree those things which all know they may obey without their own loss. And therefore to your magnitude we declare by the present admonition that the marbles which are established to have been deposited from the Pincian house be directed by your ordinance to the city of Ravenna through the carters. We have moreover provided the transport from the present, lest either delay should arise to our ordinances or the labourers should feel any losses. We wish that the whole day may run its course full of our benefits:

We wish that our bestowals may shine forth everywhere, since that lives unto the ages which princely munificence has granted. For what is so kingly as to have made a man fortunate, and to bestow even to that point at which, raised up, he is amazed to have attained? Benefits indeed are the things that exalt kingdoms, and the lord of liberty can continually grow, if he be zealous to enlarge those subject to him. By this glorious purpose of our clemency, since we cherish the whole community with a fatherly affection, through the fourth indiction we bestow upon you the insignia of the urban prefecture with copious liberality, so that an illustrious succession may rejoice in paternal honours, and that under us whatever has deserved to reach our age may be able to advance.

Consider therefore how great a thing it is that hoary Rome could be entrusted to your beginnings, so that in that most ample assembly you may be seen to stand eminent on the judge's tribunal, where it is hard even to obtain membership of the body itself. Strive therefore that you may be able to demand from your own merits what you know we have bestowed. Flee greedy things, follow just ones, love modest ones, despise wrathful ones. What will be sweeter than to have pronounced a noble judgement amid that throng of the highest men, where the hearts of so many patricians are roused to favour, where a good deed is celebrated by the mouth of the wise? Nowhere is virtue exercised with greater praise than if Rome be rightly governed.

What riches would you reckon more fitting than to bear a precious purity of conscience in the eyes of the senate, and to be captive to no vices before the very bosom of Liberty herself? Let us consider with what glory the remaining fasces may be esteemed: the urban prefect is the dignity of dignities. That renown does not suffer one to commit what the noble crowd might come to know. Placed in the midst of all, he draws the gaze of all toward himself, and the fame of peoples proclaims the judgement of his whole life. That you may both conceive these things in mind and unfold them in evident deeds is made credible with us by your studies of letters, where you have learned all that is becoming, and have shaped your mind to the use of a glorious life, doubtless by the instruction of the learned. Let learning therefore flee from offence. It belongs to an untaught mind to be drawn to vices:

a man built up by books leaves no place for wrongdoings, when in tender years there is acquired what may be preserved in mature age. Let the deeds of your elders exhort you to the path of rectitude, let the authority of reading admonish you, and then the glorious choice of our judgement, so that you may be able to take greater things from us, when you shall have known yourself to fulfil those things we have committed to you. We love, conscript fathers, exalted dignities arising from our benignity. For the mind of the ruler is the mother of public splendour, and such as the will of the one who governs shall have been, such a face of liberty does it bring forth. For it is easier, if it be lawful to say so, for nature to err than for a prince to be able to form a commonwealth unlike himself.

Hence it is that we desire you to shine with perpetual honours, since whatever fame speaks of you is applied to our institutions. For since you deserve all lofty things, our envy is touched if perchance anything be lacking to you. Accordingly—and may it be sanctioned under happy auspices—we promote the illustrious Argolicus to the dignity of the urban prefecture, so that both he may be increased by the fasces and the ornament of so great a judge may by no means be withdrawn from you. For you know that from this family eminent men have often shone forth. Recall that the grandfather of the man advanced was enriched with the honour of the magisterial office, whose harmless eloquence the courts admired. Indeed he strove, although he abounded in eloquence, knowing that a man skilled in speaking ought to be conspicuous for purity.

Led by these merits to the heights of honours, he protected the sacred largesses with faithful guardianship, fulfilling also by his learning the magisterial dignity which he had undertaken, so praised in both that in each he was believed to be foremost. There is added moreover the most noble father of the one advanced, who profaned the insignia of the count of private affairs with the bitterness of no calumny, who, aiming at the advantages of fame, neglected the increase of money, and—a rare example of virtue—practised self-restraint in those times in which avarice was held no crime. For the purpose of the prince makes judges either to neglect or to love virtues. Sending before us therefore so many proofs of his origin, let us believe good things of the nobly-born:

since a praiseworthy vein preserves its origin and faithfully transmits to posterity what it has earned in itself by a glorious transmission. Favour therefore, conscript fathers, one consecrated to your own dignities, so that you may incite to greater longings for virtues those whom we summon forth by the examples of our gifts. The long services of your labours and the many proofs of your tried fidelity hand to us this judgement: that you, who have governed your own spirits, may now be set before the characters of others and may furnish discipline to a province—you who as a private man loved self-restraint. For he is able to govern others well who has striven to handle himself with decorum.

Moved therefore by the supplication of the Samnites, we have believed that we might come to the aid of those in distress by this remedy, if we should order your worship to set out for the ending of their disputes. Whence now exert yourself, that you may answer so good a judgement with praiseworthy conduct, and show yourself apt for our mandates, you who hitherto have been pleasing of your own accord. Within the province of Samnium therefore, if any business has arisen between a Roman and the Goths, or any matter has emerged of a Goth with Romans, you shall settle it by the consideration of the laws, nor do we permit those to live under a divided law whom we wish to protect with one regard. You shall therefore decide in common those things which are friendly to justice, since he who ponders pure equity knows not how to regard persons.

Although we believe that all crimes are displeasing to your judgement, we are most confident that there ought to be execrated by you that which assails the affection of conjugal wedlock. For with what feelings is that received by the continent which is condemned even by the detestation of the laity? Julianus therefore has complained to us by a lamentable petition that his wife and his property were seized by an unjust usurpation by your men. Whence if you recognize the petition of the suppliant to be true, and he who is challenged does not reasonably acquit himself, cut down the author of the deed without any delay. For an evil, when it persists, is increased, and a remedial good is a correction hastened against sin. Indeed it is our own injury when justice is harmed, since we rightly draw to ourselves the violations of those things which we love.

Whence we especially do not suffer that to go unavenged which is established to have been committed in contempt of our command. For what presumption would not dare a deed deserving punishment, if it should despise the reverence of a sacred command? And therefore him whom we lately decreed should appear at the judgement of the illustrious man Sona, and who withdrew himself by inveterate cunning, we commit to your examination to be heard, that you may put an end to a dispute prolonged by punishable contrivance. Furnish therefore care for the hearing, that the reputation of justice may grow for you, since for the remedy of litigants the ambiguities of disputes are committed to you. Firm is the judgement whose precedent is held, nor is place left for ambiguity where probable proofs lend support.

We have tested your efficacy through diverse degrees of industry, but in each alike you have merited equal favour, being approved equally in your various functions. Hence it is that at the present time our authority sends you as vicar of the prefects to the Gauls, made subject to us by God's help. Whence weigh what kind of judgements we seem to hold concerning you, when you are sent to those peoples to be corrected, whom we believe to have been specially acquired by our praises. Glory is dear to a prince, and it is necessary that he be the more solicitous concerning those from whom he perceives the increase of his triumphs to have come. Act therefore upon our mandates, if you desire that our judgements may prosper in you. Love not turbulent things:

shun greedy things, that a province wearied by its own disasters may receive you as such a judge as it knows a Roman prince to have sent. It longs for excellent men, compelled by its calamities. Bring it about that it may delight to have been conquered. Let it feel nothing such as it was suffering, when it sought Rome. Let all sadness depart from calamity: let the clouded countenance be cleared at last. Now it befits that province to rejoice, since it has come to its own desires. Gladly must obedience be rendered to the Roman custom, to which you have been restored after long times, since a return is welcome there where it is established that your ancestors held advancement.

And therefore, recalled by God's grace to ancient liberty, clothe yourselves in the manners of the toga, put off barbarism, cast away cruelty of mind, since under the equity of our age it does not befit you to live by alien customs. Accordingly, considering your necessities with our innate gentleness—and may it be said with happy issue—we have believed that the worshipful man Gemellus, vicar of the prefects, proven to us in fidelity and industry, ought to be directed to set the province in order: hoping that he can in nothing offend, who understands that those who sin gravely displease us. Wherefore obey his ordinances according to our commands, since we believe that he decrees things profitable for you. Receive little by little juridical manners.

Let not novelty be irksome, which is upright. For what can be more fortunate than that men should trust in the laws alone and not fear the remaining chances? Public laws are the most certain comforts of human life, the helps of the weak, the curbs of the powerful. Love that whence both security comes and conscience prospers. For barbarism lives according to its own whim: where rather it finds its own death, who can have what pleases him. You now, being secure, display your riches: let the goods of your parents, hidden by long neglect, be brought forth into the light: since each shall be the nobler the more he shall have shone forth both with upright manners and with conspicuous means. For this reason indeed we have directed to you a vicar of the prefecture, that with so great a dignity we may seem to have appointed also a rule of civil life.

You shall enjoy what hitherto you were only hearing of. Understand that men are preferred not so much by bodily force as by reason, and that those deservedly grow who are able to furnish just things to others. They deserve good things who have been seen to choose our clemency, so that through their own advancements we may be able to show that we have judged truly of them. But if it befits such men to be looked after with public liberality, how much more is it worthy that they should possess their own, which is approved to be the common gift of justice? The worshipful Magnus therefore, condemning the company of the enemy because he remembered where he was born, returned home to the Roman empire: by whose absence it is said to have come about that his substance could perish.

And therefore by the present command we ordain that, both in fields and in slaves whether urban or rustic, or whatever belonging to him he can now prove to have been lost in any manner, he may recover it without any delay, retaining by our authority every right of ownership which he held: nor do we wish him to undergo any question concerning things belonging to him by ancient possession—him to whom it is of our purpose to grant even new things. It befits that we should look after just advantages for those who serve our palace, since public labour ought to be fruitful, so that, although unrewarded services are owed to us by right, we may nevertheless encourage services by moderate recompenses.

And therefore, delighted by the skill of your art, which you diligently exercise in carving and adorning marbles, by the present authority we concede that, you reasonably ordering it, there be dispensed the sarcophagi which in the city of Ravenna are sold for the burying of the dead, by whose benefit corpses are buried as in the heights—no small consolation to the mourning, since souls only depart from the converse of the world, but bodies do not leave behind those once their sweet survivors. Hence to certain men sorrows come at a price, and by a pitiable lot of their longings the gain to those who trade grows out of human death.

Yet in such a way that there be no unjust assessment under this occasion, lest the wretched be compelled, amid the bitter griefs of mourning, to bewail also the heavy losses of their means, and, constrained by an impious devotion, either be pressed to lose their patrimonies for the dead, or rather, grieving, cast their beloved bodies into the basest pits. Let there be a measure in the will of those who ask, since pity itself acts on behalf of the buyers. For he ought to be less harmed upon whom more seems to be imposed for the office of piety. Among the glorious cares of the commonwealth which by God's help we revolve in continual thought, the relief of the humble is at our heart, that against the power of the proud we may raise up the obstacle of our piety, nor let anything of audacity be permitted before us, whose purpose it is to trample upon proud things.

Moved therefore by the lamentable calamity of Castorius, whom a deadly envy of divers men has hitherto oppressed, the occasion has furnished us with salutary ordinances, so that the aid of our piety may prevail more than the unjust cunning of the wicked. And therefore by the present authority we decree to you that, if the prefect, the magnificent man Faustus, has either burdened with titles or detained by private usurpation those things which Castorius possessed, the estate, together with another of the same value, be at once restored to him by the invader, with you pressing the matter, so that we may by the remedy of our piety provide for one afflicted by cruel losses.

But if anyone be found a go-between in this presumption, such that he cannot be found fit for the things that have been commanded, bring him to us bound in chains, that satisfaction may be made by punishment for him whose means do not suffice for retribution. By such confusion therefore let the impulse of the already wicked mind grow quiet, lest he seem to have persecuted not so much Castorius as our own will. But if hereafter on any occasion that notorious craftsman attempt to harm the oft-mentioned Castorius, let him forthwith be struck with a fine of fifty pounds of gold, and let the punishment be greater than tortures—to behold unharmed the man whom he desired to see afflicted. Behold a deed which may forthwith temper and correct all the powers:

the praetorian prefect is not permitted to run riot in the injury of a humble man, and from him to whom we rise up, the power of doing harm to the wretched is taken away. Hence let all understand with what love of equity we are delighted, that we are willing even to diminish the power of our own judges, in order that we may be able to increase the goods of conscience. It is the way of human custom that men grasp the more at things varied, and although excellent things be held in use, everything that satiates produces weariness. Accordingly you, who continually dwell within the sacred walls, ask for the cause of disposing your own affairs that a respite ought to be granted you—not that so brilliant a dwelling-place wearies you, but that your return, renewed, may become sweeter.

And therefore to your illustrious magnitude our piety grants a respite of four months for withdrawing to the province: yet so that, these being fulfilled, you may hasten to return to your own household gods, in order that the Roman habitation, which we wish to throng with manifold concourse, may not, its inhabitants being withdrawn, grow scanty—it being most renowned of all the lands. This too we judge most fitting for you, since a Roman senator may grieve to be delayed elsewhere. For where is that grace of one's kindred? Where can so great a beauty of walls be beheld? It is a kind of sacrilege to make Rome absent from oneself too long, for those who can dwell in it with their hearths established.

It befits us to adorn our court with noble men, that both their wish may be fulfilled and the merits of persons may adorn our service. Accordingly we summon your magnitude to our presence, which we do not doubt is most pleasing to you, by these oracles, so that you, who have lived with us through a long age, may be captivated by the sweetness of our presence. For he hastens to a prince who can but see him propitious: for to whom it is permitted to hold our conversations believes them to be divine gifts. Wherefore we do not delay the desire of one whose sight we long for. We believe that you will come rejoicing, whom we eagerly await.

It is pleasant to commit things to be ordered to men of proven worth, since both the judgement of the one choosing rejoices in such men, and their substance is secure which is committed to the approved. For as we wish there to be one who pleases, so we take care that the one who has pleased may shine forth. Accordingly, initiated with prosperous auspices, set out for Sirmian Pannonia, once the seat of the Goths, girded with the dignity of the illustrious belt, and protect by arms the province committed to you, set it in order by law, that it may joyfully be able to receive ancient defenders—that province which knows that it once happily obeyed our forefathers. You know with what sincerity of conduct you commend yourself to us. The sole way of pleasing is open to you, if you imitate what we do.

Cherish equity, defend innocence with virtue of mind, that amid the perverse custom of the nations you may be able to demonstrate the justice of the Goths: who have always been so placed in the midst of praises that they both grasped the prudence of the Romans and possessed the valour of the peoples. Remove the customs abominably grown ingrained: let a case there be handled rather with words, not with arms; let not the losing of a suit be joined with perishing; let the abjurer of another's property restore the theft, not his life; let not civil litigation snatch away more than wars consume; let them raise their shields against enemies, not against kinsmen.

And lest poverty perchance seem to drive anyone headlong to death, render for such men a plainly glorious loss, being about to gather from us the most abundant fruit of grace, if you can there plant a civil purpose and one truly worthy of our judges—if the judge undergo a loss, so that one about to perish may gain life. Wherefore let our custom be implanted in fierce minds, until the savage spirit grows accustomed to live well. Our providence does not desert its own institution, since, ever intent upon things profitable to its subjects, it makes its dispositions, so that those who know that we have had care of them may be roused to greater devotion.

Hence it is that to the illustrious man Colosseus, mighty in name and in strength, we have committed your governance and defence, so that he who has hitherto given many proofs of his virtue may rather be increased in things to come. And therefore show now also to him your patience, often approved, in his presence, so that in those things which he shall have ordered to be reasonably done for the advantage of our kingdom, they may be fulfilled with commendable devotion: for constancy proves fidelity, and he asserts the integrity of his own mind who persists in continual obediences. This moreover we have believed you ought to be admonished of: that you desire to rage not against yourselves, but against the enemy. Let no small matter lead you to extreme perils: acquiesce in justice, in which the world rejoices.

Why do you resort to single combat, you who have no venal judge? Lay down the sword, you who have no enemy. Most wickedly you raise your arm against kinsmen, for whom it is established that one ought gloriously to die. What need has a man of a tongue, if an armed hand pleads his cause? Or how can there be peace where it is believed to be, if under civil order there is fighting? Imitate surely our Goths, who know how to wage battles abroad and to exercise moderation at home. Thus we wish you to live, even as you behold our forefathers, by the Lord's bestowal, to have flourished. We love to insert into public functions persons conspicuous for probity of manners, that through the obediences of the faithful an increase of advantage may grow for us.

Accordingly, knowing the sincerity of your mind through illustrious proofs, our ordinance commits to you the office of the siliquaticum, which by the right of the faithful lordship we had given over to the scrutiny of the first, second, and third indiction throughout the province of Dalmatia: so that wherever, upon your investigation, a public loss shall have been discovered by any trace of fraud, it may without doubt be brought into our treasuries: since we seek not so much gains as we hasten to detect the characters of our subjects. Moreover we order you to search out by mining the iron-mines of the aforesaid Dalmatia, where earthly softness brings forth the rigour of iron, and is melted by fire so that it may be transformed into hardness. Hence, by God's help, comes the defence of the fatherland:

hence the advantage of fields is procured, and is extended for the uses of human life with manifold convenience. It commands gold itself, and compels the wealthy to serve the poor when they are steadfastly armed. It befits therefore to examine this commodity with diligent inquiry, through which both gains are generated for us and destructions procured for our enemies. Be therefore solicitous concerning the aforesaid scrutiny, and temperate in public advantages, so that our reasonable profit may be able to procure for you an increase of growth. Although it belongs to your prudence to furnish protection to those appointed to the public advantage, yet our admonition adds itself, that it may be done the more securely where the reverence of our command accommodates itself.

Accordingly the most renowned man Simeonius, whose fidelity has long been known to us and whose devotion has been proven, we have directed by our ordinance to the province of Dalmatia for the ordering of the siliquaticum and likewise of the iron-mines. To him do not deny the aids he seeks, that your sublimity may become more commended to us, since he hastens to give himself to public functions. It is the purpose of the royal piety to cut away the place of unjust hatreds, and to restrain the haughtiness of armed power by reverence for our commands. For the offence of a superior is hostile to the humble, when it is drawn to praise if vengeance be acquired upon men of middling station.

Accordingly, long tossed by varied persecution, you have not vainly fled to the remedies of our piety, asserting that the most eminent prefecture is a terror to you, lest private hatreds be sated against you through the public discipline. But we, who wish the dignities we have bestowed to obey justice, not grief, fortify you with our protection against unlawful presumptions, so that, by the interposition of the royal majesty, the fury of seething spirits may be dashed upon its own rocks, and insolence may rather take punishment upon itself, while the innocent is shielded. For so long is one called a judge as he is also reckoned just, since a name which is taken from equity is not held through pride.

It remains now that you fulfil the office of the consulship you have assumed, and that, diligent and devoted, you spend yourself upon the public interests which your predecessors are known to have administered, and that you hasten to display as much modesty as you are protected by us. For if you take delight in knowing that praetorian prefects have been removed for harming you, what do you suppose will befall you, who are shown to be under that same office, should you act wickedly? The sight of those is ever pleasing to us who have settled in our minds by glorious deeds, since they who have been approved among us as zealous for virtue have given a perpetual pledge of their love.

Accordingly we summon Your Greatness, proven to us by glorious service, to the court by the present command, so that our adornment may grow through your royal attendance and you may be exalted in our sight. For it is fitting that he too be sought out who made our times to be praised exceedingly. You have adorned the palaces by the integrity of your conscience; you have granted to the peoples a profound tranquillity. Hence you have become better known to all, because he who wished to do so could not know you when set in power; but when brought before the tribunals, men saw a judge without any terror of loss; you became more precious to all because you were sold for no bribe. Who would not long to see such a man, to whom it is established that we have publicly rendered favour?

For we who strove to restrain another have praised you even with the palace as witness. Quicken your steps, hasten your coming with speed. It befits him to come eagerly who knows that he can be upheld by the prince. Who could fail to know that the gain of the suppliant is our own advantage, and that for good princes that increases which they can bestow by kindly generosity? For these royal gifts are like seeds: scattered, they grow up into a harvest; gathered into one, they perish. We desire, therefore, to divide gifts bestowed upon many, that our benefits may sprout everywhere.

And therefore, having received the petition presented in the proceedings of the illustrious and magnificent patrician Paulinus, which is contained below: certain granaries ruined by the decay of long age, to which antiquity affixed this name or that, if they are now shown to be by no means necessary for public use, and if no store belonging to the treasury is gathered there, we grant by absolute liberality to the aforesaid man, together with all things pertaining to them, so that, having taken up the licence of building and of transmitting them to posterity, he may dispose them to be of profit to his own interests; for whoever has preferred to undertake the restoration of ruins confers a greater service upon the commonwealth, especially in that city where it is fitting that all things should shine forth well-constructed, lest amid so many beauties of the walls an unsightly ruin of stones should appear.

In other cities indeed less splendid things are tolerated; but in that one we suffer not even anything mediocre, which is praised before all by the mouth of the world. The care of the Roman city ever keeps watch in our thoughts. For what is more worthy for us to deal with than to demand the restoration of that which is known to comprise the adornment of our commonwealth? Accordingly let Your Illustrious Highness know that we have dispatched the respectable man John on account of the splendid sewers of the Roman city, which bring such astonishment to those who behold them that they can surpass the wonders of other cities. There you may see rivers, as it were enclosed within hollow mountains, running down through immense channels of waterproof concrete;

You may see ships built to be navigated through the rapid waters with no small care, lest, if the torrent be hurled headlong, they should suffer sea-like shipwrecks. From this, Rome, one may gather how singular is the greatness that is in you. For what among cities would dare to contend with your summits, when not even your lowest parts can find their like? And therefore we resolve that you provide to the aforesaid John the assistance of your office, since we wish public persons to carry out our ordinances, removing private hands, which more boldly plunge into things unlawful.

Although we desire to spend tireless care upon our whole commonwealth, and, with God's favour, strive to recall all things to their former state, nevertheless the more anxious increase of the Roman city constrains us, where whatever is expended upon adornment is displayed for the general joy. It has therefore come to our knowledge, through the report of many—which cannot conceal crimes so wicked—that detestable usurpers are seizing many things to the prejudice of the city of Rome, so that she upon whom we desire to bestow the highest zeal suffers unjust deceit. Wherefore we cause our ordinances to come to your notice, by which we believe the losses of your city will be all the more displeasing.

It is said, therefore, that out of care for private gain, the water of the aqueducts—which ought with the highest zeal to be safeguarded—has been diverted to work water-mills or to irrigate gardens: a base and pitiable thing that this should be done in that city, which would scarcely be fitting to undertake across the fields. And because we cannot correct the nature of what has been admitted beyond what the laws allow—lest, while we wish to benefit the structures, we should destroy the eminence of the laws—if the master of this most abominable affair is protected by the prescription of thirty years, let him, having received a fitting price, sell off his error, so that what causes harm to the public works may not be presumed any further, lest what we now correct under indulgence we should later avenge most severely. But if anything of the kind has been attempted by recent presumption, let it without hesitation be removed.

For the general benefit ought to be preferred to the desire of one man, against which even in just causes it can rarely be opposed. We have learned, moreover, that slaves assigned by the provision of princes to the service of the aqueducts have passed into the ownership of private men. Besides this, bronze of no small weight, and—what is most easily plundered—the softest lead, are reported to have been carried off from the adornment of the walls, things which their authors consecrated to the ages. For Ionos, king of Thessaly, discovered bronze, and Midas, ruler of Phrygia, discovered lead. And how wretched it is that, from the very thing whence others gained a reputation for foresight, we should be seen to have incurred a reputation for negligence! Temples too and public places, which we granted to many petitioners for restoration, are reported to have been delivered up rather to demolition.

And since the correction of evil things delights us, lest licence should seem to have been granted by our silence, we have directed the respectable man John, chosen by our justice, to investigate these matters which we have mentioned above, so that all things, discussed in their order, may be made clear to us by the service of a report, to the end that we may decree, after the manner of our justice, what ought to be done about each matter or about the usurpers thereof. Apply now your zeal, furnish your assistance, so that you may appear to fulfil with a pleasing mind the inquiry which you ought to have requested. It is established with us that the services of the faithful do not perish, but receive what was spent in times of sorrow in a better fortune.

To the people of Arles, therefore, who, enduring on our side, bore the want of a glorious siege, our humanity remits the fiscal tributes for the fourth indiction, in such wise that in future time they may return to their accustomed contribution; to the end both that we may be seen to have rendered a return to the well-deserving, and that from them, when the situation shall demand, the accustomed devotion may not be denied. Let those be satisfied in liberty who for our sake chose rather to hunger amid straits; let those be glad who faithfully endured sorrow. It is not fitting that he should at once be anxious about tributes who could scarcely escape the final disaster. We seek these things from men at rest, not from the besieged. For what would you exact from the master of a field whom you know not to have cultivated it?

They have already given us the precious tribute of their faith. It is unjust that base monies be exacted from those who have offered glorious consciences. It is pleasing to us that our wishes should advance toward the increase of the sacred order. We rejoice that such men emerge as deserve to shine with senatorial light, so that the favour of rank may be conferred upon men conspicuous for praise. For the curia lies open to those disciplined in the ways of the ancients; nor can he be judged a stranger to it who is a foster-child of the good arts. And therefore let Your Illustrious Magnificence cause those things to be displayed, in the case of the most distinguished Armentarius and Superbus his son, which hoary antiquity prescribes concerning those to be enrolled in the curia.

For this is the aforesaid Armentarius, who is commended to us both by the goodness of his parents and by his own talent, demanding by his merits the dignity which he hopes for through entreaties. For what is more worthy than that the toga-clad profession should also be clothed with senatorial honour, so that amid that throng of the learned it may dare to bring forth a free opinion, and not be curbed by the terror of inexperience—one whom the laws of eloquence urge to speak? Glorious, finally, is the knowledge of letters, because what is first in man it purifies, namely his morals; what is second, it supplies, namely the grace of words: thus by both benefits, wonderful as it is, it adorns both the silent and the speaking.

Let them, therefore, be led to the inner sanctuaries of Liberty, praised by their own merit, adorned by our judgement, destined without doubt to have a most gratified senate—men whose art it is to make of the angry a kindly man, of the suspect a reconciled one, of the harsh a gentle one, of the opponent a favourable one. What, then, can he not impose upon the fathers, who has had the power to bend the mind of the judge? It is our purpose to direct persons approved for fortitude and moderation to your governance and defence, so that both the welfare of the provincials may be relieved and the public good may be increased by good men presiding.

Accordingly we have judged that Count Marabad, known to us for his equity, ought to be directed to the city of Marseilles, so that, with God's help, he may accomplish whatever pertains to your security and civic order, and, mindful of our favour, may have care of justice; that he may bring solace to the lowly, set the severity of his discipline against the insolent, suffer no one finally to be oppressed by unjust presumption, but compel all to what is just, whence empire ever flourishes. Wherefore, in those things which the appointed man shall command you for the public good, obey with willing minds, so that your faith, which is already shown by earlier examples, may be declared also by subsequent proofs, because that obedience is the more pleasing which is preserved by enduring devotion.

But we for our part think to render a place to recompense, who cannot forget services rendered. It befits our liberality to hold firm constancy, because the prince's resolve ought to be unshaken, nor to be torn away for the zeal of the malicious—that which is known to be confirmed by our command. And therefore by the present order we decree that whatever, by our ordinance, the patrician Liberius is established to have assigned to you and to your mother by warrant, ought to remain in its strength, nor should you fear from anyone an unreasonable questioning, you who possess the firmness of our benefit.

It is the purpose of our piety not to deny a hearing to pitiable weeping, especially since it is our custom to refer all things to the laws, so that both the complainant may obtain his effect and the one accused may complain of having suffered no prejudice. Accordingly Firminus says that he has a suit against the magnificent man, the patrician Venantius, and that his propositions have frequently been despised by him. And because in lawsuits power is always suspect—since the will is believed to be present where the capacity is judged to be—we command, with reverence preserved, that the aforesaid man be admonished by you, so that under legitimate surety he may promise to direct an instructed person to our court, who, before the judges delegated by our authority, may be able to furnish a response to his pleadings:

this agent being about to receive the penalty of his own audacity, if against the magnificent man he should have the outcome of falsehood proved. If it befits Your Beatitude to be employed in others' causes, so that through you the clamour of those at strife may be stilled, how much more ought that to be referred to you which regards you as its authors? And therefore let Your Sanctity know that we have been approached by Germanus with a tearful allegation, who asserts himself to be the lawful son of the late Thomas, saying that a portion of his father's estate, which belongs to him by the laws, is detained by you.

If this petition is supported by truth, and you find that his father's substance lawfully belongs to the suppliant, then, justice being considered—which you yourselves counsel—let what is owed be assigned to him without the loss of long delay, since the quality of your causes ought to be terminated by you as judges, from whom it is more to be awaited than that justice should be imposed upon you. But if your arbitration does not in equity define this cause at all, know that the suppliant's complaint must be brought before our hearing. For you yourselves teach that the voices of the poor ought not to be neglected, which justice can accompany.

Although it is established to be the wish of our piety that everywhere civil, everywhere moderate dealings be conducted, yet we especially desire that things be well managed in the Gallican regions, where both the recent devastation brings no further injury, and the very beginnings ought well to plant the fame of our name. For the preserved security of subjects spreads the prince's reputation far and wide, and where an army is directed, let it be esteemed as one not for burdening, but rather for defending. And therefore by the present authority we delegate that in Avignon, where you reside, you suffer no violent acts to be done. Let our army live in civil concord with the Romans; let the appointed defence profit them, nor allow them to suffer anything from our men, whom we strive to free from hostile oppression.

The principle of equity persuades us to preserve the ancient custom for those who furnish public rejoicing, especially when it comes from a consul, whose purpose it is established to be that he ought to be praised for liberality, lest his dignity should seem to promise one thing and the senator wish to fulfil another. Wherefore, under a reputation for munificence, it is not fitting to be found niggardly, because the obscurity of tenacity casts a shadow over the public reputation in a consul. Wherefore let Your Illustrious Greatness know that we have been approached by the charioteers of Milan, claiming that those things have been withdrawn from them in your times which ancient custom had granted, since, the occasion offering itself, munificence stands in place of law.

Accordingly, if their assertions are vitiated by no falsehood, it befits Your Highness to follow antiquity, which by a certain privilege of its own demands the things granted as though they were owed. Nor is it permitted to deny what you know yourself to bestow under sanction of antiquity. Although a manifold throng of thought might enter into the mind of our piety, and look upon the diverse parts of the kingdom with accustomed diligence, yet we have hastily regarded the remedies of your benefit, since in our conscience it is a kind of injury to delay things that will be profitable, nor can we reckon as pleasant that which has been held in suspense by an unwelcome delay. For when diseases grow worse, the harm is permitted to rage when the cure is deferred.

To you, therefore, devastated by hostile ferocity, know that in proportion to the quality of the injury the tributary contribution has been remitted for the fourth indiction, because we do not rejoice to exact what a grieving payer is known to offer. Yet in such wise that out of those things which are known to be intact the military expenses may be aided; because devotion ought not wholly to forsake those whom it knows to labour on its behalf. For a fasting defender is feeble, nor does the spirit supply boldness when valour has been deprived of bodily strength. Everything becomes tolerable that is arranged by an even ordinance, because a divided burden, under sharing, is certain not to weigh down the subjects: for the extreme part returns to each individual, when the whole has enclosed them all.

The supply of wheat, therefore, which our providence has dispatched from Italy for the military expenses, lest the wearied province should be harmed by furnishing it, is established to be conveyed to the forts set above the Durance from the granaries of Marseilles. Wherefore we command that the labour of conveying the aforesaid supply be undertaken in common, so that what is seen to be taken up by the zeal of the whole community may speedily be accomplished. Under a benign prince subjects are not met with the need to demand remedies, since humanity precedes supplication, and in a wondrous manner wishes become later than the things bestowed. For recently, moved by justice, we had commanded that some unharmed part of the province should furnish sustenance, when found, to our Goths.

But because, although it is fitting for a prince always to decree the more humane things—provided it has not the fault of changeableness, that which has been altered for a benefit—yet, so that the possessors might not be burdened even by the smallest levy, we have dispatched from Italy the military expenses, so that the army directed for your defence might be nourished by our humane provisions, and the province might feel only the help from so great an assembling. To the dukes also and the commanders we have transmitted a sufficient quantity of money, so that their rations, which could not be conveyed, might there be procured without anyone's loss, because we do not wish to impose upon your free choice even those things which you yourselves, as we suppose, were able to offer.

We delight that those whom we desire to vindicate by arms should live by Roman law, nor is our care for moral matters less than it can be for wars. For what does it profit to have removed the barbarians in confusion, unless one lives by the laws? Wherefore, since with God propitious our army has entered the Gauls, if any slaves declining servitude have betaken themselves to others than those to whom they seemed to belong, we command that they be restored to their former masters without any doubt, because rights ought not to be confounded when justice commands, nor can the defender of liberty favour servitude cast off. The battles of other kings perhaps seek either the plunder or the ruin of captured cities;

but our purpose, with God's help, is so to conquer that the subjected may grieve to have acquired our dominion too late. Although it is first to revive the injured inhabitants and to show the sign of piety rather in men, yet our humanity joins both together, so that we may both provide for the citizens by the remedy of generosity and hasten to restore the ancient walls to splendour. For thus it will come about that the fortune of the city, which is raised up in its citizens, may also be displayed by the beauty of its buildings. For the restoration, therefore, of the walls of Arles or of the old towers, we have directed a fixed quantity of money. Provisions also, which may seem to relieve your expenses, we have caused to be prepared, so that they may be dispatched to you when the season of navigation has smiled.

Lift up now your spirits, and, refreshed by our promise, holding the hope of future abundance, have confidence by divine favour, because no less is what is contained in our words than what is contained in the granaries. It befits our justice that we suffer no calumnies to be made concerning benefits granted, and that whatever is veiled by a perverse interpretation we should reveal, the cloud of falsehood being put to flight. The defenders, therefore, of the most holy Roman Church have complained that a house of the late Simplicius, of blessed memory, situated in the most sacred City, was solemnly purchased from Eufraxius the acolyte by documents drawn up, which house they suggest the Roman Church possessed by quiet right through the long courses of years, and transferred to other uses with security of ownership.

But now there has arisen one hardened with the shameless effrontery of the Samaritan superstition, who falsely pretends with wicked endeavours that there was a synagogue there, although the dwellings are shown to have been fashioned for human uses in a manner far otherwise than the aforesaid construction could be. Wherefore let Your Greatness, with the proven justice of your conscience, examine the case with diligent investigation, and, if you ascertain to be true the things that come into the complaint, with equity considered, define it. For if calumnies are to be removed from human affairs, how much more do we believe those things ought to be amended which we judge to touch the contumely of the Godhead! The guilt of the offender is the material of princely glory, since, unless occasions of faults emerged, piety would have no place.

For what would a wholesome ordinance accomplish, if the uprightness of morals composed all things? Arid dryness longs for the benefit of the moistening rain. Only frail health needs the healing hands of physicians. Thus, while one succumbs to weakness, remedies are fittingly bestowed. Wherefore, in harsh cases, moderation must be furnished under the praise of justice, so that we neither suffer vengeance to surpass the sins, nor allow fault to insult the laws while unpunished.

By the petition you have submitted, then, you have alleged that you, oppressed by the bitterness of the hatred of the respectable man Venantius, governor of Lucania and Bruttium, and worn out by the long squalor of imprisonment, were compelled into a confession of the rape of the grown girl Valeriana, so that it became more pleasing to seek the hope of a swift death than to endure the cruelties of tortures. For amid the supreme straits, the wish of one gasping for breath is to perish rather than to live, because the detestable sense of punishments excludes the affection for sweetest safety. You add this too, which justice would by no means permit, that the protections of advocates were often withdrawn from you, though you repeatedly requested them, while your adversaries, flourishing in talent, could entangle even an innocent man in the snares of the laws.

When this supplication had effectively entered the mind of our piety, and was gradually inclining toward the rights of mercy, there came a report sent by the governor of Bruttium, which by the voice of its own tragic account suppressed the private allegation, denying that credence should be given, against the public faith, to one supplicating deceitfully.

Therefore we soften the harshness of the penalty by our leniency, decreeing that from the day of the issuing of this pronouncement you shall undergo six months of exile, in such wise that to no one, after our decree, shall it be permitted under any interpretation to charge you with the crime of infamy—since it is lawful for a prince to wipe away the stained marks of a tarnished reputation—but, this time being elapsed, restored to your country and to all your possessions, let it be your free right to have everything you had at first, because we deem that you should groan under no scorching of disgrace, you whom we wish to be detained by a temporary exile: threatening nonetheless a penalty of three pounds of gold, if anyone, either by opposing or by interpreting otherwise, should attempt to violate this our present ordinance.