Fraudulent ship-owners to be punished.

'When we were in doubt about the food supply of Rome, we judged it proper that Spain should send her cargoes of wheat hither, and the Vir Spectabilis Marcian collected supplies there for this purpose. His industry, however, was frustrated by the greed of the shipowners, who, disliking the necessary delay, slipped off and disposed of the grain for their own profit. Little as we like harshness, this offence must be punished. We have therefore directed Catellus and Servandus (Viri Strenui) to collect from these shipmasters the sum of 1,038 solidi (£622 16s.), inasmuch as they appear to have received:

'From the sale of the corn 280 solidi.
'And from the fares of passengers 758 "
  ———
'1,038
"

'Let your Sublimity assist in the execution of this order.'

36. King Theodoric to Starcedius, Vir Sublimis.

Honourable discharge.

'You tell us that your body, wearied out with continual labour, is no longer equal to the fatigues of our glorious campaigns, and you therefore ask to be released from the necessity of further military service. We grant your request, but stop your donative; because it is not right that you should consume the labourer's bread in idleness. We shall extend to you our protection from the snares of your adversaries, and allow no one to call you a deserter, since you are not one[403].'

37. King Theodoric to the Jews of Milan.

Rights of the Jewish Synagogue not to be invaded by Christians.

'For the preservation of civilitas the benefits of justice are not to be denied even to those who are recognised as wandering from the right way in matters of faith.

'You complain that you are often wantonly attacked, and that the rights pertaining to your synagogue are disregarded[404]. We therefore give you the needed protection of our Mildness, and ordain that no ecclesiastic shall trench on the privileges of your synagogue, nor mix himself up in your affairs. But let the two communities keep apart, as their faiths are different: you on your part not attempting to do anything incivile against the rights of the said Church.

'The law of thirty years' prescription, which is a world-wide custom[405], shall enure for your benefit also.

'But why, oh Jew, dost thou petition for peace and quietness on earth when thou canst not find that rest which is eternal[406]?'

38. King Theodoric to all Cultivators[407].

Shrubs obstructing the aqueduct of Ravenna to be rooted up.

'The aqueducts are an object of our special care. We desire you at once to root up the shrubs growing in the Signine Channel[408], which will before long become big trees scarcely to be hewn down with the axe, and which interfere with the purity of the water in the aqueduct of Ravenna. Vegetation is the peaceable overturner of buildings, the battering-ram which brings them to the ground, though the trumpets never sound for siege.

'We shall now again have baths that we may look upon with pleasure; water which will cleanse, not stain; water after using which we shall not require to wash ourselves again; drinking-water such that the mere sight of it will not take away all our appetite for food[409].'

39. King Theodoric to Ampelius and Liveria[410].

Sundry abuses in the administration of the Spanish government to be rectified.

'That alone is the true life of men which is controlled by the reign of law.

'We regret to hear that through the capricious extortions of our revenue-officers anarchy is practically prevailing in Spain. The public registers (polyptycha), not the whim of the collector, ought to measure the liability of the Provincial.

'We therefore send your Sublimity to Spain in order to remedy these disorders.

'(1) Murder must be put down with a strong hand; but the sharper the punishment is made the more rigid we ought to be in requiring proof of the crime[411].

'(2) The collectors of the land-tax (assis publicus) are accused of using false weights [in collecting the quotas of produce from the Provincials]. This must cease, and they must use none but the standard weights kept by our Chamberlain[412].

'(3) The farmers[413] of our Royal domain must pay the rent imposed on them, otherwise they will get to look on the farms as their own property; but certain salaries may be paid them for their trouble, as you shall think fit[414]. [Dahn suggests that the salary was to reimburse them for their labours as a kind of local police, but is not himself satisfied with this explanation.]

'(4) Import duties[415] are to be regularly collected and honestly paid over.

'(5) The officers of the mint are not to make their private gains out of the coinage.'

(6) An obscure sentence as to the 'Canon telonei' [from the Greek τελωνης, a tax-gatherer. Garet reads 'Tolonei,' which is probably an error].

(7) The same as to the Actus Laeti, whose conscience is assailed by the grossest imputations. [Laetus is perhaps the name of an official.]

'(8) Those concerned in furtivae actiones, and their accomplices, are to disgorge the property thus acquired.

'(9) Those who have received praebendae [apparently official allowances charged on the Province] are, with detestable injustice, claiming them both in money and in kind. This must be put a stop to: of course the one mode of payment is meant to be alternative to the other.

'(10) The Exactores (Collectors) are said to be extorting from the Provincials more than they pay into our chamber (cubiculum). Let this be carefully examined into, and let the payment exacted be the same that was fixed in the times of Alaric and Euric.

'(11) The abuse of claiming extortions (paraveredi) by those who have a right to use the public posts must be repressed.

'(12) The defence of the Provincials by the Villici is so costly, and seems to be so unpopular, that we remove it altogether.' [For this tuitio villici, see Dahn iii. 131; but he is not able to throw much light on the nature of the office of the Villicus.]

'(13) Degrading services (servitia famulatus) are not to be claimed of our free-born Goths, although they may be residents in cities[416].'

[This very long letter is one of great importance, but also of great difficulty.]

40. King Theodoric to Cyprian, Count of the Sacred Largesses.

[This Cyprian is the accuser of Albinus and Boethius.]

41. King Theodoric to the Senate of the City of Rome.

[On Cyprian's appointment to the above office, 524.]

Promotion of Cyprian to the Comitiva Sacrarum Largitionum.

The usual pair of letters setting forth the merits of the new official. The Senate is congratulated on the fact that the King never presents to a place in that body a mere tyro in official life, but always himself first tests the servants of the State, and rewards with a place in the Senate only those who have shown themselves worthy of it.

Cyprian is the son of a man of merit, Opilio, who in the times of the State's ill-fortune was chosen to a place in the royal household[417]. He was not able, owing to the wretchedness of the times, to do much for his son. The difference between the fortunes of father and son is the measure of the happy change introduced by the rule of Theodoric.

In some subordinate capacity in the King's final Court of Appeal (probably as Referendarius[418]) Cyprian has hitherto had the duty of stating the cases of the hostile litigants. He has shown wonderful dexterity in suddenly stating the same case from the two opposite points of view[419], and this so as to satisfy even the requirements of the litigants themselves.

Often the King has transacted business in his rides which used of old to be brought before a formal Consistory. He has mounted his horse, when weary with the cares of the Republic, to renew his vigour by exercise and change of scene. In these rides he has been accompanied by Cyprian, who has in such a lively manner stated the cases which had come up on appeal, that an otherwise tedious business was turned into a pleasure. Even when the King was most moved to wrath by what seemed to him a thoroughly bad cause, he still appreciated the charm of the Advocate's style in setting it before him. Thus has Cyprian had that most useful of all trainings, action, not books.

Thus prepared he was sent on an embassy to the East, a commission which he discharged with conspicuous ability. Versed in three languages (Greek, Roman, Gothic?), he found that Greece had nothing to show him that was new; and as for subtlety, he was a match for the keenest of the Greeks. The Emperor's presence had nothing in it to make him hesitating or confused. Why should it, since he had seen and pleaded before Theodoric[420]?

In addition to all these other gifts he possesses faith, that anchor of the soul amidst the waves of a stormy world.

He is therefore called upon to assume at the third Indiction [524-525] the office of Count of the Sacred Largesses, and exhorted to bear himself therein worthily of his parentage and his past career, that the King may afterwards promote him to yet higher honour.

[For further remarks on this letter—a very important one, as bearing on the trial of Boethius—see viii. 16. The third Indiction might mean either 509-510 or 524-525; but the statement of 'Anomymus Valesii,' that Cyprian was still only Referendarius at the time of his accusation of Albinus, warrants us in fixing on the later date. This makes the encomiums conferred in this letter more significant, since they must have been bestowed after the delation against Albinus and Boethius. Probably it was during Cyprian's embassy to Constantinople (described in this letter) that he discovered these intrigues of the Senators with the Byzantine Court, which he denounced on his return.]

42. King Theodoric to Maximus, Vir Illustris, Consul.

[Flavius Anicius Maximus was Consul a.d. 523.]

Rewards to performers in the Amphitheatre.

'If singers and dancers are to be rewarded by the generosity of the Consul, à fortiori should the Venator, the fighter with wild beasts in the amphitheatre, be rewarded for his endeavours to please the people, who after all are secretly hoping to see him killed. And what a horrible death he dies—denied even the rites of burial, disappearing before he has yet become a corpse into the maw of the hungry animal which he has failed to kill. These spectacles were first introduced as part of the worship of the Scythian Diana, who was feigned to gloat on human gore. The ancients called her the triple deity, Proserpina-Luna-Diana. They were right in one point; the goddess who invented these games certainly reigned in hell.'

The Colosseum (the Amphitheatre of Titus) is described.

The combats with wild beasts are pourtrayed in a style of pompous obscurity. We may dimly discern the form of the bestiarius, who is armed with a wooden spear; of another who leaps into the air to escape the beast's onset; of one who protects himself with a portable wall of reeds, 'like a sea-urchin;' of others who are fastened to a revolving wheel, and alternately brought within the range of the animal's claws and borne aloft beyond his grasp. 'There are as many perilous forms of encounter as Virgil described varieties of crime and punishment in Tartarus. Alas for the pitiable error of mankind! If they had any true intuition of Justice, they would sacrifice as much wealth for the preservation of human life as they now lavish on its destruction.' ['A noble regret,' says Gregorovius ('Geschichte der Stadt Rom.' i. 286), 'in which in our own day every well-disposed Minister of a military state will feel bound to concur with Cassiodorus.']

43. King Theodoric to Transmund [Thrasamund], King of the Vandals (cir. 511).

Complains of the protection given by Thrasamund to Gesalic.

'Having given you our sister, that singular ornament of the Amal race, in marriage, in order to knit the bonds of friendship between us, we are amazed that you should have given protection and support to our enemy Gesalic [natural son of Alaric II]. If it was out of mere pity and as an outcast that you received him into your realm, you ought to have kept him there; whereas you have sent him forth furnished with large supplies of money to disturb the peace of our Gaulish Provinces. This is not the conduct of a friend, much less of a relative. We are sure that you cannot have taken counsel in this matter with your wife, who would neither have liked to see her brother injured, nor the fair fame of her husband tarnished by such doubtful intrigues. We send you A and B as our ambassadors, who will speak to you further on this matter.'

44. King Theodoric to Transmund [Thrasamund], King of the Vandals.

Reconciliation between Theodoric and Thrasamund.

'You have shown, most prudent of Kings, that wise men know how to amend their faults, instead of persisting in them with that obstinacy which is the characteristic of brutes. In the noblest and most truly kinglike manner you have humbled yourself to confess your fault in reference to the reception of Gesalic, and to lay bare to us the very secrets of your heart in this matter. We thank you and praise you, and accept your purgation of yourself from this offence with all our heart. As for the presents sent us by your ambassadors, we accept them with our minds, but not with our hands. Let them return to your Treasury (cubiculum), that it may be seen that it was simply love of justice, not desire of gain, which prompted our complaints. We have both acted in a truly royal manner[421]. Let your frankness and our contempt of gold be celebrated through the nations. It is sweeter to us to return these presents to you, than to receive much larger ones from anyone else. Your ambassadors carry back with them the fullest salutation of love from your friend and ally.'


BOOK VI.

CONTAINING TWENTY-FIVE FORMULAE[422].

1. Formula of the Consulship.

Consulship.

'In old days the supreme reward of the Consulship was given to him who, by his strong right hand, had delivered the Republic. The mantle embroidered with palms of victory[423], the privilege of giving his name to the year and of enfranchising the slave, even power over the lives of his fellow-citizens, were rightly given to a man to whom the Republic owed so much. He received the axe—the power of life and death—but bound up in the bundle of rods, in order that the necessary delay in undoing these might prevent him from striking the irrevocable stroke without due consideration. Whence also he received the name of Consul, because it was his duty to consult for the good of his country. He was bound to spend money freely; and thus he who had shed the blood of the enemies of Rome made the lives of her children happy by his generosity.

'But now take this office under happier circumstances, since we have the labours of the Consul, you the joys of his dignity. Your palm-embroidered robes therefore are justified by our victories, and you, in the prosperous hour of peace, confer freedom on the slave, because we by our wars are giving security to the Romans. Therefore, for this Indiction, we decorate you with the ensigns of the Consulship.

'Adorn your broad shoulders[424] with the variegated colours of the palm-robe; ennoble your strong hand with the sceptre of victory[425]. Enter your private dwelling having even your sandals gilded; ascend the curule chair by the many steps which its dignity requires: that thus you, a subject and at your ease, may enjoy the dignity which we, the Ruler, assumed only after mightiest labours. You enjoy the fruit of victory who are ignorant of war; we, God helping us, will reign; we will consult for the safety of the State, while your name marks the year. You overtop Sovereigns in your good fortune, since you wear the highest honours, and yet have not the annoyances of ruling. Wherefore pluck up spirit and confidence. It becometh Consuls to be generous. Do not be anxious about your private fortune, you who have elected to win the public favour by your gifts. It is for this cause [because the Consul has to spend lavishly during his year of office] that we make a difference between your dignity and all others. Other magistrates we appoint, even though they do not ask for the office. To the Consulship we promote only those who are candidates for the dignity, those who know that their fortunes are equal to its demands; otherwise we might be imposing a burden rather than a favour. Enjoy therefore, in a becoming manner, the honour which you wished for. This mode of spending money is a legitimate form of canvassing[426]. Be illustrious in the world, be prosperous in your own life, leave an example for the happy imitation of your posterity.'

2. Formula of the Patriciate.

Patriciate.

'In olden times the Patricians were said to derive their origin from Jupiter, whose priests they were. Mythology apart, they derived their name from Patres, the dignity of priest having blended itself with that of Senator.

'The great distinction of the Patriciate is that it is a rank held for life, like that of the priesthood, from which it sprang. The Patrician takes precedence of Praefects and all other dignities save one (the Consulship), and that is one which we ourselves sometimes assume.

'Ascend then the pinnacle of the Patriciate. You may have yet further honours to receive from us, if you bear yourself worthily in this station.'

3. Formula of the Praetorian Praefecture.

[On account of the importance of the office a translation of the whole formula is here attempted, though with some hesitation on account of its obscure allusions.]

Praetorian Praefecture.

'If the origin of any dignity can confer upon it special renown and promise of future usefulness, the Praetorian Praefecture may claim this distinction, illustrated as its establishment was by the wisdom of this world, and also stamped by the Divine approval. For when Pharaoh, King of Egypt, was oppressed by strange visions of future famine, there was found a blessed man, even Joseph, able to foretell the future with truth, and to suggest the wisest precautions for the people's danger. He first consecrated the insignia of this dignity; he in majesty entered the official chariot[427], raised to this height of honour, in order that his wisdom might confer blessings on the people which they could not receive from the mere power of the Ruler.

'From that Patriarch is this officer now called Father of the Empire; his name is even to-day celebrated by the voice of the crier, who calls upon the Judge to show himself not unworthy of his example. Rightly was it felt that he to whom such power was committed should always be thus delicately reminded of his duty.

'For some prerogatives are shared in common between ourselves and the holder of this dignity. [The next sentence[428] I leave untranslated, as I am not sure of the meaning. Manso (p. 343) translates it, 'He forces fugitives from justice, without regard to the lapse of time, to come before his tribunal.'] He inflicts heavy fines on offenders, he distributes the public revenue as he thinks fit, he has a like power in bestowing rights of free conveyance[429], he appropriates unclaimed property, he punishes the offences of Provincial Judges, he pronounces sentence by word of mouth [whereas all other Judges had to read their decisions from their tablets].

'What is there that he has not entrusted to him whose very speech is Judgment? He may almost be said to have the power of making laws, since the reverence due to him enables him to finish law-suits without appeal.

'On his entrance into the palace he, like ourselves, is adored by the assembled throng[430], and an office of such high rank appears to excuse a practice which in other cases would be considered matter for accusation[431].

'In power, no dignity is his equal. He judges everywhere as the representative of the Sovereign[432]. No soldier marks out to him the limits of his jurisdiction, except the official of the Master of the Soldiery. I suppose that the ancients wished [even the Praefect] to yield something to those who were to engage in war on behalf of the Republic.

'He punishes with stripes even the Curials, who are called in the laws a Lesser Senate.

'In his own official staff (officium) he is invested with peculiar privileges; since all men can see that he lays his commands on men of such high quality that not even the Judges of Provinces may presume to look down upon them. The staff is therefore composed of men of the highest education, energetic, strong-minded[433], intent on prompt obedience to the orders of their head, and not tolerating obstruction from others. To those who have served their time in his office, he grants the rank of Tribunes and Notaries, thus making his attendants equal to those who, mingled with the chiefs of the State, wait upon our own presence.

'We joyfully accomplish that which he arranges, since our reverence for his office constrains us to give immediate effect to his decrees. He deserves this at our hands, since his forethought nourishes the Palace, procures the daily rations of our servants, provides the salaries even of the Judges themselves[434]. By his arrangements he satiates the hungry appetites of the ambassadors of the [barbarous] nations[435]. And though other dignities have their specially defined prerogatives, by him everything that comes within the scope of our wisely-tempered sway is governed.

'Take therefore, from this Indiction, on your shoulders the noble burden of all these cares. Administer it with vigour and with utmost loyalty, that your rule may be prosperous to us and useful to the Republic. The more various the anxieties, the greater your glory. Let that glory beam forth, not in our Palace only, but be reflected in far distant Provinces. Let your prudence be equal to your power; yea, let the fourfold virtue [of the Platonic philosophy] be seated in your conscience. Remember that your tribunal is placed so high that, when seated there, you should think of nothing sordid, nothing mean. Weigh well what you ought to say, seeing that it is listened to by so many. Let the public records contain nothing [of your saying] which any need blush to read. The good governor not only has no part nor lot in injustice; unless he is ever diligently doing some noble work he incurs blame even for his inactivity. For if that most holy author [Moses?] be consulted, it will be seen that it is a kind of priesthood to fill the office of the Praetorian Praefecture in a becoming manner.'

4. Formula of the Praefecture of the City.

Praefecture of the City.

'You, to whose care Rome is committed, are exalted by that charge to a position of the highest dignity. The Senate also is presided over by you; and the Senators, who wield full power in that assembly, tremble when they have to plead their own cause at your tribunal. But this is because they, who are the makers of laws, are subject to the laws; and so are we too, though not to a Judge.

'Behave in a manner worthy of your high office. Treat the Consulars with deference. Put away every base thought when you cross the threshold of every virtue. If you wish to avoid unpopularity, avoid receiving bribes. It is a grand thing when it can be said that Judges will not accept that which thousands are eager to offer them.

'To your care is committed not only Rome herself (though Rome includes the world[436]), but, by ancient law, all within the hundredth milestone.

'You judge, on appeal, causes brought from certain Provinces defined by law. Your staff is composed of learned men; eloquent they can hardly help being, since they are always hearing the masters of eloquence. You ride in your Carpentum through a populace of nobles[437]; oh, act so as to deserve their shouts of welcome! How will you deserve their favour? By seeing that merchandise is sold without venality[438]; that the fires kindled to heat the wholesome baths are not chilled by corruption; that the games, which are meant for the pleasure of the people, are not by partisanship made a cause of strife. For so great is the power of glorious truth, that even in the affairs of the stage justice is desired[439]. Take then the robe of Romulus, and administer the laws of Rome. Other honours await you if you behave worthily in this office, and above all, if you win the applause of the Senate.'

5. Formula of the Quaestorship.

[This letter is particularly interesting, from the fact that it describes Cassiodorus' own office, that which he filled during many years of the reign of Theodoric, and in virtue of which he wrote the greater part of his 'Various Letters.']

Quaestorship.

'No Minister has more reason to glory in his office than the Quaestor, since it brings him into constant and intimate communication with Ourselves. The Quaestor has to learn our inmost thoughts, that he may utter them to our subjects. Whenever we are in doubt as to any matter we ask our Quaestor, who is the treasure-house of public fame, the cupboard of laws; who has to be always ready for a sudden call, and must exercise the wonderful powers which, as Cicero has pointed out, are inherent in the art of an orator. He should so paint the delights of virtue and the terrors of vice, that his eloquence should almost make the sword of the magistrate needless.

'What manner of man ought the Quaestor to be, who reflects the very image of his Sovereign? If, as is often our custom, we chance to listen to a suit, what authority must there be in his tongue who has to speak the King's words in the King's own presence? He must have knowledge of the law, wariness in speech, firmness of purpose, that neither gifts nor threats may cause him to swerve from justice. For in the interests of Equity we suffer even ourselves to be contradicted, since we too are bound to obey her. Let your learning be such that you may set forth every subject on which you have to treat, with suitable embellishments.

'Moved therefore by the fame of your wisdom and eloquence, we bestow upon you, by God's grace, the dignity of the Quaestorship, which is the glory of letters, the temple of civilitas, the mother of all the dignities, the home of continence, the seat of all the virtues.

'To you the Provinces transmit their prayers. From you the Senate seeks the aid of law. You are expected to suffice for the needs of all who seek from us the remedies of the law. But when you have done all this, be not elated with your success, be not gnawed with envy, rejoice not at the calamities of others; for what is hateful in the Sovereign cannot be becoming in the Quaestor.

'Exercise the power of the Prince in the condition of a subject; and may you render a good account to the Judges at the end of your term of office.'

6. Formula of the Magisterial Dignity, and its Excellency (Magister Officiorum).

[The dignity and powers of the Master of the Offices were continually rising throughout the Fourth and Fifth Centuries at the cost of the Praetorian Praefect, many of whose functions were transferred to the Master.]

Mastership of the Offices.

'The Master's is a name of dignity. To him belongs the discipline of the Palace; he calms the stormy ranks of the insolent Scholares [the household troops, 10,000 in number, in the palace of the Eastern Emperor, according to Lydus (ii. 24)]. He introduces the Senators to our presence, cheers them when they tremble, calms them when they are speaking, sometimes inserts a word or two of his own, that all may be laid in an orderly manner before us. It rests with him to fix a day for the admission of a suitor to our Aulicum Consistorium, and to fulfil his promise. The opportune velocity of the post-horses [the care of the Cursus Publicus] is diligently watched over by him[440].

'The ambassadors of foreign powers are introduced by him, and their evectiones [free passes by the postal-service] are received from his hands[441].

'To an officer with these great functions Antiquity gave great prerogatives: that no Provincial Governor should assume office without his consent, and that appeals should come to him from their decisions. He has no charge of collecting money, only of spending it. It is his to appoint peraequatores[442] of provisions in the capital, and a Judge to attend to this matter. He also superintends the pleasures of the people, and is bound to keep them from sedition by a generous exhibition of shows. The members of his staff, when they have served their full time, are adorned with the title of Princeps, and take their places at the head of the Praetorian cohorts and those of the Urban Praefecture [the officials serving in the bureaux of those two Praefects]—a mark of favour which almost amounts to injustice, since he who serves in one office (the Master's) is thereby put at the head of all those who have been serving in another (the Praefect's)[443].'

[We learn from Lydus how intense was the jealousy of the grasping and aspiring Magistriani felt by the Praefect's subordinates; and we may infer from this passage that Cassiodorus thought that there was some justification for this feeling.]

'The assistant (Adjutor) of the Magister is also present at our audiences, a distinguished honour for his chief.

'Take therefore this illustrious office and discharge it worthily, that, in all which you do, you may show yourself a true Magister. If you should in anywise go astray (which God forbid), where should morality be found upon earth?'

7. Formula of the Office of Comes Sacrarum Largitionum.

Office of Count of Sacred Largesses.

'Yours is the high and pleasing office of administering the bounty of your Sovereign[444]. Through you we dispense our favours and relieve needy suppliants on New Year's Day. It is your business to see that our face is imprinted on our coins, a reminder to our subjects of our ceaseless care on their behalf, and a memorial of our reign to future ages.

'To this your regular office we also add the place of Primicerius [Primicerius Notariorum?], so that you are the channel through which honours as well as largesses flow. Not only the Judges of the Provinces are subject to you, even the Proceres Chartarum (?) have not their offices assured to them till you have confirmed the instrument. You have also the care of the royal robes. The sea-coasts and their products, and therefore merchants, are under your sway. The commerce of salt, that precious mineral, rightly classed with silken robes and pearls, is placed under your superintendence.

'Take therefore these two dignities, the Comitiva Sacrarum Largitionum and the Primiceriatus. If some of the ancient privileges of your office have been retrenched [some functions, probably, taken from the Comes Sacrarum Largitionum and assigned to the Comes Patrimonii], comfort yourself with the thought that you have two dignities instead of one.'

8. Formula of the Office of Comes Privatarum, and its Excellency.

Office of Count of Private Domains.

'Your chief business, as the name of your office implies, is to govern the royal estates by the instrumentality of the Rationales under you.

'This work alone, however, would have given you a jurisdiction only over slaves [those employed on the royal domains]; and as a slave is not a person in the eye of the law, it seemed unworthy of the dignity of Latium to confine your jurisdiction to these men. Some urban authority has therefore been given you in addition to that which you exercise over these boors: cases of incest, and of pollution or spoliation of graves, come before you. Thus the chastity of the living and the security of the dead are equally your care. In the Provinces you superintend the tribute-collectors (Canonicarios), you admonish the cultivators of the soil (Possessores), and you claim for the Royal Exchequer property to which no heirs are forthcoming[445]. Deposited monies also, the owners of which are lost by lapse of time, are searched out by you and brought into our Exchequer, since those who by our permission enjoy all their own property ought willingly and without sense of loss to offer us that which belongs to other men.

'Take then the honour of Comes Privatarum: it also is a courtly dignity, and you will augment it by your worthy fulfilment of its functions.'

9. Formula of the Office of Count of the Patrimony, and its Excellency.

Office of Count of the Patrimony.

'To our distant servants we send long papers with instructions as to their conduct; but you, admitted to our daily converse, do not need these. You are to undertake the care of our royal patrimony.

'Do not give in to all the suggestions of our servants on these domains, who are apt to think that everything is permitted them because they represent the King; but rather incline the scale against them. You will have to act much in our sight; and as the rising sun discloses the true colours of objects, so the King's constant presence reveals the Minister's character in its true light. Avoid loud and harsh tones in pronouncing your decisions: when we hear you using these, we shall know that you are in the wrong. External acts and bodily qualities show the habit of the mind. We know a proud man by his swaggering gait, an angry one by his flashing eyes, a crafty one by his downcast look, a fickle one by his wandering gaze, at avaricious one by his hooked nails.

'Take then the office of Count of the Patrimony, and discharge it uprightly. Be expeditious in your decisions on the complaints of the tillers of the soil. Justice speedily granted is thereby greatly enhanced in value, and though it is really the suitor's right it charms him as if it were a favour.

'Attend also to the provision of suitable delicacies for our royal table. It is a great thing that ambassadors coming from all parts of the world should see rare dainties at our board, and such an inexhaustible supply of provisions brought in by the crowds of our servants that they are almost ready to think the food grows again in the kitchen, whither they see the dishes carried with the broken victuals. These banqueting times are, and quite deservedly, your times for approaching us with business, when no one else is allowed to do so.'

10. Formula by which Men are made Proceres per Codicillos Vacantes.

[Bestowal of Brevet-rank on persons outside the Civil Service.]