'Because the generosity of the Prince should even outrun the petitions of his subjects we repeal that part of a previous letter [iii. 40] which says that the unravaged portion of the Province of Gaul must pay the expenses of our soldiers. We will transmit to the Duces and Praepositi sufficient money to provide "alimonia nostris Gothis."'
['Praebendae,' near the end of this letter, seems to be used in a technical sense, almost equivalent to stipendia or annonae.]
[No doubt a high officer in the Royal household.]
'We delight to live after the law of the Romans, whom we seek to defend with our arms; and we are as much interested in the maintenance of morality as we can possibly be in war. For what profit is there in having removed the turmoil of the Barbarians, unless we live according to law? Certain slaves, on our army's entry into Gaul, have run away from their old masters and betaken themselves to new ones. Let them be restored to their rightful owners. Rights must not be confounded under the rule of justice, nor ought the defender of liberty to favour recreant slaves. [Probably an allusion to the office of the Assertor Libertatis in the Liberalis Causa, as set forth in the Theodosian Code iv. 8.] Let other kings desire the glory of battles won, of cities taken, of ruins made; our purpose is, God helping us, so to rule that our subjects shall grieve that they did not earlier acquire the blessing of our dominion.'
'We wish to refresh men, but to repair cities also, that the renewed fortune of the citizens may be displayed by the splendour of their buildings.
'We have therefore directed that a certain sum of money be sent for the repair of the walls and old towers of Arles. But we are also going to send you, as soon as the time is favourable for navigation, provisions to supply the waste caused by the war. Be of good cheer, therefore! Grain for which our word is pledged is as good as grain already in your granaries.'
'It is represented to us by the Defensors of the "sacrosanct" Roman Church that Pope Simplicius, of blessed memory, bought a house at Rome[303] of Eufrasius the Acolyte, with all proper formalities, and that now the people of the Samaritan superstition, hardened in effrontery, allege that a synagogue of theirs was built on that site, and claim it accordingly; whereas the very style of building, say their opponents, shows that this was meant as a private house and not as a synagogue. Enquire into this matter, and do justice accordingly. If we will not tolerate chicanery [calumniae] against men, much less will we against the Divinity Himself.'
'The crimes of subjects are an occasion for manifesting the virtues of princes. You have addressed to us your petition, alleging that you were compelled by the Spectabilis Venantius, Governor of Lucania and Bruttii, to confess yourself guilty of the rape of the maiden Valeriana.
'Overcome, you say, by the severity of your imprisonment and the tortures inflicted upon you, and longing for death as a release from agony; being moreover refused the assistance of Advocates, while the utmost resources of rhetoric were at the disposal of your opponents, you confessed a crime which you had never committed.
'Such is your statement. The Governor of Bruttii sends his relatio in opposition, saying that we must not give credence to a petitioner who is deceitfully seeking to upset a sentence which was given in the interests of public morality.
'Our decision is that we will by our clemency mitigate the severity of your punishment. From the date of this decree you shall be banished for six months; and on your return no note of infamy of any kind shall be attached to you; since it is competent for the Prince to wipe off all the blots on a damaged reputation. Anyone who offends against this decree [by casting your old offence in your teeth] shall be fined £120 (3 lbs. of gold). And all who are accused of the same offence in any place or time, but who offended through ignorance, are to be freed from all fear of punishment.'
[A most illogical and unjust conclusion, by which the judgment of Venantius is in fact neither upheld nor reversed. And what the meaning of the concluding sentence may be it is impossible to conjecture. See Dahn, 'Könige der Germanen' iii. 107, on this absurd decision.
On the subject of the misgovernment and disgrace of Venantius, cf. Letters ii. 15, 16; iii. 8, 36. Cf. also Procopius, 'De Bello Gotthico' iii. 18 and 22, as to his son Tullianus. In connection with the alleged misgovernment of Bruttii and Lucania by Venantius, remember the close connection of Cassiodorus himself with those Provinces.]
'Jovinus the Curialis, according to the report of the Corrector of Lucania and Bruttii, had an angry altercation with a fellow Curial (collega), and in his rage slew him.
'He then took refuge within the precincts of a church, and refused to surrender himself to justice. We decide that the capital punishment shall be remitted out of reverence for his place of refuge, but he shall be banished to the Vulcanian [Lipari] Islands, there to live away from the paternal hearth, but ever in the midst of burning, like a salamander, which is a small and subtile beast, of kin to the slippery worm, clothed with a yellow colour.
'The substance of volcanoes, which is perpetually destroyed, is by the inextricable power of Nature perpetually renewed.
'The Vulcanian Islands are named from Vulcan, the god of fire, and burst into eruption on the day when Hannibal took poison at the Court of Prusias. It is especially wonderful that a mountain kindling into such a multitude of flames, should yet be half hidden by the waves of the sea.'
'It is the duty and the glory of a ruler to provide with wise forethought for the safety of his subjects. We have therefore ordered the Sajo Leodifrid that under his superintendence you should build yourselves houses in the fort Verruca, which from its position receives its most suitable name[305].
'For it is in the midst of the plains a hill of stone roundly arising, which with its tall sides, being bare of woods, is all one great mountain fortress. Its lower parts are slenderer (graciliora) than its summit, and like some softest fungus the top broadens out, while it is thin at bottom. It is a mound not made by soldiers[306], a stronghold made safe by Nature[307], where the besieged can try no coup-de-main and the besieged need feel no panic. Past this fort swirls the Adige, that prince of rivers, with the pleasant gurgle of his clear waters, affording a defence and an adornment in one. It is a fort almost unequalled in the whole world, "a key that unlocks a kingdom[308];" and all the more important because it bars the invasion of wild and savage nations. This admirable defence what inhabitant would not wish to share, since even foreigners delight to visit it? and though by God's blessing we trust that the Province [of Raetia] is in our times secure, yet it is the part of prudence to guard against evils, though we may think they will not arise.'
Examples of gulls, who fly inland when they foresee a storm; of dolphins, which seek the shallower waters; of the edible sea-urchin, 'that honey of flesh, that dainty of the deep,' who anchors himself to a little pebble to prevent being dashed about by the waves; of birds, who change their dwellings when winter draws nigh; of beasts, who adapt their lair to the time of year. And shall man alone be improvident? Shall he not imitate that higher Providence by which the world is governed?
[The fortress of Verruca does not seem to be mentioned in the 'Notitia,' in the Antonine 'Itinerary,' or by the geographer of Ravenna.
Maffei ('Verona Illustrata,' Book ix. Vol. 2, pp. 391-2 in ed. 1825) comments on this passage, and argues that Verruca = Dos Trento, a cliff about a mile from Trient, and this identification seems to have been accepted, for Ball ('Alpine Guide, Eastern Alps,' p. 404) says: 'In the centre of the valley, close to the city, rises a remarkable rock known as Dos Trento, and also called La Verruca, formerly frequented for the sake of the beautiful view which it commands. Since 1857 it has been strongly fortified, and permission to ascend to the summit is not easily obtained.'
Maffei says that the French bombarded Trient from this rock in 1703. He speaks of another 'Verruca, or Rocca,' on the other side of Aquileia, and thinks that the modern word 'rocca' (rock) may perhaps have been derived herefrom (?).
It is remarkable that there is a place called Verrua near the Po in Piedmont (about 20 miles east of Turin). 'Situated upon an abrupt and insulated hill, in a most defensible position, it opposed an obstinate resistance to the Emperor Frederick II. In more recent times (1704), the Duc de Vendôme attacked it without success' (Murray's 'Guide to Northern Italy,' p. 51). No doubt this was also originally called Verruca.]
'It is a great delight to the Ruler when his subjects of their own accord suggest that which is for the good of the State. You have called our attention to the ruinous state of your walls, and ask leave to use for its repair the stones of the amphitheatre, which have fallen down from age and are now of no ornament to your town, in fact only show disgraceful ruins. You have not only our permission to do this, but our hearty approval. Let the stones, which can be of no use while they lie there, rise again into the fabric of the walls; and your improved defence will be our boast and confidence.'
[Some remains of the amphitheatre are still visible at Catania; not, however, so important as those of the theatre.]
'It is an admirable arrangement when a favour can be conferred by which giver and receiver are alike benefited.
'We therefore decree that you should exchange your oxen for those of the Alamanni.
'Theirs is the finer and larger breed of cattle, but they are worn out by the long journey. Thus will they get fresh beasts capable of doing the work which is required of them, and you will permanently improve your breed of cattle, and so be able to till your fields better. Thus, what does not often happen, the same transaction will equally benefit both parties to it.'
[Cf. ii. 41 as to these Alamannic exiles. Possibly this letter as well as that refers to their expulsion by Clovis (cir. 504); but it seems more probable, as von Schubert suggests (pp. 52-54), that we have here to do with a removal of some of the Alamannic subjects of Theodoric from Raetia to Noricum, in order to guard the north-east frontier of the kingdom.]
'Constancy in actors is not a very common virtue, therefore with all the more pleasure do we record the faithful allegiance of Thomas the Charioteer, who came long ago from the East hither, and who, having become champion charioteer, has chosen to attach himself to "the seat of our Empire[309];" and we therefore decide that he shall be rewarded by a monthly allowance. He embraced what was then the losing side in the chariot races and carried it to victory—victory which he won so often that envious rivals declared that he conquered by means of witchcraft.
'The sight of a chariot-race (spectaculum) drives out morality and invites the most trifling contentions; it is the emptier of honourable conduct, the ever-flowing spring of squabbles: a thing which Antiquity commenced as a matter of religion, but which a quarrelsome posterity has turned into a sport.
'For Aenomaus is said first to have exhibited this sport at Elis, a city of Asia (?), and afterwards Romulus, at the time of the rape of the Sabines, displayed it in rural fashion to Italy, no buildings for the purpose being yet founded. Long after, Augustus, the lord of the world, raising his works to the same high level as his power, built a fabric marvellous even to Romans, which stretched far into the Vallis Murcia. This immense mass, firmly girt round with hills, enclosed a space which was fitted to be the theatre of great events.
'Twelve Ostia at the entrance represent the twelve signs of the Zodiac. These are suddenly and equally opened by ropes let down by the Hermulae (little pilasters)[310]. The four colours worn by the four parties of charioteers denote the seasons: green for verdant spring, blue for cloudy winter, red for flaming summer, white for frosty autumn. Thus, throughout the spectacle we see a determination to represent the works of Nature. The Biga is made in imitation of the moon, the Quadriga of the sun. The circus horses (Equi desultorii), by means of which the servants of the Circus announce the heats (Missos) that are to be run, imitate the herald-swiftness of the morning star. Thus it came to pass that while they deemed they were worshipping the stars, they profaned their religion by parodying it in their games.
'A white line is drawn not far from the ostia to each Podium (balcony), that the contest may begin when the quadrigae pass it, lest they should interrupt the view of the spectators by their attempts to get each before the other[311]. There are always seven circuits round the goals (Metae) to one heat, in analogy with the days of the week. The goals themselves have, like the decani[312] of the Zodiac, each three pinnacles, round which the swift quadrigae circle like the sun. The wheels indicate the boundaries of East and West. The channel (Euripus) which surrounds the Circus presents us with an image of the glassy sea, whence come the dolphins which swim hither through the waters[313] (?). The lofty obelisks lift their height towards heaven; but the upper one is dedicated to the sun, the lower one to the moon: and upon them the sacred rites of the ancients are indicated with Chaldee signs for letters[314].
'The Spina (central wall, or backbone) represents the lot of the unhappy captives, inasmuch as the generals of the Romans, marching over the backs of their enemies, reaped that joy which was the reward of their labours. The Mappa (napkin), which is still seen to give the signal at the games, came into fashion on this wise. Once when Nero was loitering over his dinner, and the populace, as usual, was impatient for the spectacle to begin, he ordered the napkin which he had used for wiping his fingers to be thrown out of window, as a signal that he gave the required permission. Hence it became a custom that the display of a napkin gave a certain promise of future circenses.
'The Circus is so called from "circuitus:" circenses is, as it were, circu-enses, because in the rude ages of antiquity, before an elaborate building had been prepared for the purpose, the races were exhibited on the green grass, and the multitude were protected by the river on one side and the swords (enses) of the soldiers on the other[315].
'We observe, too, that the rule of this contest is that it be decided in twenty-four heats[316], an equal number to that of the hours of day and night. Nor let it be accounted meaningless that the number of circuits round the goals is expressed by the putting up of eggs[317], since that emblem, pregnant as it is with many superstitions[318], indicates that something is about to be born from thence. And in truth we may well understand that the most fickle and inconstant characters, well typified by the birds who have laid those eggs, will spring from attendance on these spectacles[319]. It were long to describe in detail all the other points of the Roman Circus, since each appears to arise from some special cause. This only will we remark upon as pre-eminently strange, that in these beyond all other spectacles men's minds are hurried into excitement without any regard to a fitting sobriety of character. The Green charioteer flashes by: part of the people is in despair. The Blue gets a lead: a larger part of the City is in misery. They cheer frantically when they have gained nothing; they are cut to the heart when they have received no loss; and they plunge with as much eagerness into these empty contests as if the whole welfare of the imperilled fatherland were at stake.
'No wonder that such a departure from all sensible dispositions should be attributed to a superstitious origin. We are compelled to support this institution by the necessity of humouring the majority of the people, who are passionately fond of it; for it is always the few who are led by reason, while the many crave excitement and oblivion of their cares. Therefore, as we too must sometimes share the folly of our people, we will freely provide for the expenses of the Circus, however little our judgment approves of this institution.'
[Notwithstanding some absurdities, the above description of the Circus Maximus (which I have attempted to translate in full) is of great value, being, after that given by Dionysius of Halicarnassus, our chief authority on the subject. The accompanying plan (taken, with some slight variations, from Smith's 'Dictionary of Antiquities'), will, I trust, render it intelligible.
Plan of Ancient Circus
Plan of Ancient Circus.
It is well illustrated by the recently excavated 'Stadium of Augustus,' on the Palatine; but perhaps even better by a beautifully executed gem lately found at Chesters in Northumberland, on the site of the Roman station at Cilurnum. By the kindness of the owner, Mr. Clayton, I am able to give an enlarged copy of this gem, which is described in the 'Archaeologia Aeliana,' vol. x. pp. 133-137.
Circus Maximus
The Circus Maximus, a magnified engraving of an intaglio on a carnelian signet-ring found at Cilurnum (Chesters in Northumberland) in 1882.
The reader will easily discern the Spina with one obelisk (not two, as described by Cassiodorus) in the centre, the high tables supported by pillars on which the Ova and Delphini are placed, the three spindle-shaped columns which formed the Meta at each end, and the four quadrigae (four was the regular number for each missus) careering in front.]
'We are sorry to hear that a dispute (which is on the point of being settled by arms instead of by the law) has arisen between the Spectabiles Leontius and Paschasius as to the boundaries of their properties[320]. If they are so fierce against one another here in Italy, where there are mountains and rivers and the "arcaturae" [square turrets of the land surveyor] to mark the boundaries, what would they have done in Egypt, where the yearly returning waters of the Nile wash out all landmarks, and leave a deposit of mud over all?
'Geometry was discovered by the Chaldaeans, who perceived that its principles lay at the root of Astronomy, Music, Mechanics, Architecture, Medicine, Logic, and every science which deals with generals. This science was eagerly welcomed by the Egyptians, who perceived the advantage it would be to them in recovering the boundaries of estates obliterated by the wished-for deluge[321] of the Nile.
'Therefore let your Greatness send an experienced land surveyor (agrimensor) to settle this dispute by assigning fixed boundaries to the two estates.
'Augustus made a complete survey of the whole "Orbis Romanus," in order that each taxpayer should know exactly his resources and obligations. The results of this survey were tabulated by the author Hyrummetricus. The Professors of this Science [of land surveying] are honoured with a more earnest attention than falls to the lot of any other philosophers. Arithmetic, Theoretical Geometry, Astronomy, and Music are discoursed upon to listless audiences, sometimes to empty benches. But the land surveyor is like a judge; the deserted fields become his forum, crowded with eager spectators. You would fancy him a madman when you see him walking along the most devious paths. But in truth he is seeking for the traces of lost facts in rough woods and thickets[322]. He walks not as other men walk. His path is the book from which he reads; he shows what he is saying; he proves what he hath learned; by his steps he divides the rights of hostile claimants; and like a mighty river he takes away the fields of one side to bestow them on the other.
'Wherefore, acting on our instructions, choose such a land surveyor, whose authority may be sufficient to settle this dispute, that the litigants may henceforth cultivate their lands in peace.'
'Your Greatness tells us that a water-finder has come to Rome from Africa, where, on account of the dryness of the soil, his art is greatly in request.
'We are glad to hear it. It is a very useful art.
'Signs of the existence of water are the greenness of the grass, the size of the trees, the nature of the plants, reeds, rushes, brambles, willows, poplars, &c. Some discover water by putting out dry wool under a bowl at night. So too, if you see at sunrise a cloud [or gossamer, 'spissitudinem'] of very small flies. A mist rising like a column shows water as deep below as the column rises high above.
'The water-finder will also predict the quality of the water, and so prevent you from wasting labour on a brackish spring. This science was ably treated of by ——[323], and by Marcellus among the Latins. They tell us that waters which gush forth towards the east and south are light and wholesome; that those which emerge towards the north and west are too cold and heavy.
'So then, if the testimonials of the aforesaid water-finder and the results of his indications shall approve themselves to your wisdom, you may pay his travelling expenses and relieve his wants: he having to repay you by his future services. For though Rome itself is so abundantly supplied with aqueducts, there are many suburban places in which his help would be very useful. Associate with him also a mechanician who can sink for and raise the water when he has pointed it out. Rome ought not to lack anything which is an object of desire.'
'Desiring to unite you to ourselves by the bonds of kindred, we bestow upon you our niece [Amalabirga, daughter of Theodoric's sister; see 'Anon. Valesii' § 70], so that you, who descend from a Royal stock, may now far more conspicuously shine by the splendour of Imperial blood[324]'. [A remarkable passage, as showing that Theodoric did in a sense consider himself to be filling the place of the Emperors of the West.]
The virtues and intellectual accomplishments of the new Queen of the Thuringians are described.
'We gladly acknowledge the price of a favour, in itself beyond price, which, according to the custom of the nations, we have received from your ambassadors: namely, a team of horses, silvery in colour, as wedding-horses should be. Their chests and thighs are suitably adorned with round surfaces of flesh. Their ribs are expanded to a certain width. They are short in the belly. Their heads have a certain resemblance to the stag, the swiftness of which animal they imitate. These horses are gentle from their extreme plumpness; very swift notwithstanding their great bulk; pleasant to look at, still better to use. For they have gentle paces, not fatiguing their riders by insane curvetings. To ride them is repose rather than toil; and being broken-in to a delightful and steady pace, they can keep up their speed, over long distances.
'We too are sending you some presents, but our niece is the fairest present of all. May God bless you with children, so that our lines may be allied in future.'
[Adopting him as his son by right of arms.]
'It has been always held amongst the nations a great honour to be adopted as "filius per arma." Our children by nature often disappoint our expectations, but to say that we esteem a man worthy to be our son is indeed praise. As such, after the manner of the nations and in manly fashion, do we now beget you[325].
'We send you horses, spears, and shields, and the rest of the trappings of the warrior; but above all we send you our judgment that you are worthy to be our son[326]. Highest among the nations will you be considered who are thus approved by the mind of Theodoric.
'And though the son should die rather than see his father suffer aught of harm, we in adopting you are also throwing round you the shield of our protection. The Heruli have known the value of Gothic help in old times, and that help will now be yours. A and B, the bearers of these letters, will explain to you in Gothic (patrio sermone) the rest of our message to you[327].
[Conferring upon him the dignity of 'Comitiva Patrimonii.']
'The master's fame is enhanced by choosing the right persons for his servants. The Sovereign ought to promote such persons that whenever he condescends to behold them he may feel that his judicia[328] have been justified. We therefore hereby bestow upon you, for the fourth Indiction [Sept. 1, 510], the Illustrious dignity of Comes of our Patrimony.'
Services of Senarius as a diplomatist, in standing up against Barbarian Kings and subduing their intellects to the moderate counsels of Theodoric[329].
His success as an advocate[330]. The charm of his pronunciation. His purity of morals; his popularity with high and low. He is exhorted still to cultivate these dispositions, and to win favour for his office by his affable demeanour.
[Announcing the promotion of Senarius, conferred in the preceding letter.]
Describes the merits of the new Comes, who when young in years but mature in merit had entered the service of the Palace; his diplomatic career[331] and his moderation and reserve in the midst of success, although naturally 'joy is a garrulous thing,' and it is difficult for men who are carrying all before them to restrain the expression of their exaltation.
Compliments to the Senate, who are invited to give a hearty welcome to the new comer.
'Having heard that there is dearth in our Gaulish Provinces we direct your Devotion to take bonds from the shipmasters along the whole western coast of Italy (Lucania, Campania, and Thuscia) that they will go with supplies of food only to the Gauls, having liberty to dispose of their cargoes as may be agreed between buyer and seller. They will find their own profit in this, for there is no better customer for a corn-merchant than a hungry man. He looks on all his other possessions as dross if he can only supply the cravings of necessity. He who is willing to sell to a man in this condition almost seems to be giving him what he needs, and can very nearly ask his own price.'
[It will be seen that in this letter there is no attempt to fix a maximum price, only to prescribe the kind of cargo, 'victuales species,' which is to be carried to Gaul.]
'The Spectabilis Valerian, who lives at Syracuse, wishes to return thither himself, but that his sons, whom he has brought to Rome for their education, may be detained in that City.
'Let your Magnificence therefore not allow them to leave the aforesaid City till an order has been obtained from us to that effect. Thus will their progress in their studies be assured, and proper reverence be paid to our command. And let none of them think this a burden, which should have been an object of desire[333]. To no one should Rome be disagreeable, for she is the common country of all, the fruitful mother of eloquence, the broad temple of the virtues: it is a striking mark of our favour to assign such a City as a residence to any of our subjects[334].'
'Any calamity which comes upon a man from causes beyond his control ought not to be imputed to him as a fault. The pathetic petition of the Superintendents of Grain[335] informs us that the cargoes which they destined for Gaul have perished at sea.
'The framework of the timbers of the ships gaped under the violence of the winds and waves, and from all that overabundance of water nothing remains to them but their tears.
'Let your Sublimity therefore promptly refund to them the proportion (modiatio) which each of them can prove that he has thus lost. It would be cruel to punish them for having merely suffered shipwreck.'
'You must not think anything which we order hard; for our commands are reasonable, and we know what you ought to do. Your Devotion is therefore to cut timber and transport it to Alsuanum[336], where you will be paid the proper price for it.'
[This letter is quoted by Dahn ('Könige der Germanen' iii. 117) as an illustration of 'tuitio regii nominis.']
'Maurentius and Paula, who are left orphans, inform us that their youth and helplessness expose them to the attacks of many unscrupulous persons.
'Let your Sublimity therefore cause it to be known that any suits against them must be prosecuted in our Comitatus, the place of succour for the distressed and of sharp punishment for tricksters.'
[A custom had apparently grown up during the lawless years of the Fifth Century, of litigants helping themselves, during the slow progress of the suit, to a 'material guarantee' from the fields of their opponents. This custom, unknown apparently at the time of the Theodosian Code, was called 'Pignoratio,' and was especially rife in the Provinces of Campania and Samnium.]
'How does peace differ from the confusion of war, if law-suits are to be settled by violence? We hear with displeasure from our Provincials in Campania and Samnium that certain persons there are giving themselves up to the practice of pignoratio. And so far has this gone that neighbours club together and transfer their claims to some one person who "pignorates" for the whole of them, thus in fact compelling a man to pay a debt to an entire stranger—a monstrous perversion of all the rules of law, which separates so delicately between the rights even of near relations, and will not allow the son to be sued for the father's debts unless he is the heir, nor the wife for the husband's unless she has succeeded to the estate. Hitherto our ignorance has allowed this lawless practice to exist. Now that we know of it we are determined to suppress it. Therefore, firstly, if any man lays violent hands on any property to secure an alleged claim, he shall at once forfeit that claim [and restore the pignus]. Secondly, where one has "pignorated" for another, he shall be compelled to restore twofold the value of that which he has taken. Thirdly, if any offender is so poor and squalid that restitution cannot be compelled from him, he shall be beaten with clubs.'
'Let your Magnitude enquire into and decide promptly the dispute between the Possessores and Curiales of Velia.' [A conjectural emendation for Volienses.]
'It is our purpose not only to defend by arms but to govern by just laws the Provinces which God has subjected to us.
'Archotamia, an illustrious lady who has lost her grandson by death, complains that his widow Aetheria, having married again with a certain Liberius, is wasting the property of her children in order to make her new home appear more splendid.
'Let your Sublimities enquire into this matter. After suppressing all violent action[337], placing the holy Gospels in the midst of the Court, and calling in three honourable persons agreed upon by the parties, as assessors, decide with their help upon the matter according to ancient law, due reference being had to the arrangements of modern times.'
[Theodoric says that in not hearing the case himself, but referring it to Marabad and Gemellus, he is following his usual practice, 'remittere ad statuta Divalium sanctionum;' that is, apparently, according to the Theodosian Code. See Dahn, 'Könige der Germanen' iv. 140, n. 2.]