Chapter 39

[607]'Affectare vivere belluinâ saevitiâ.'

[608]'Praedia urbana vel rustica.'

[609]The punishment consisted in loss of all claim to the property—which was generally seized by someone who had some kind of ostensible claim to it—and a penalty of equal value with that of the property wrongfully seized.

[610]'Illis quos spes non habet praesentis conjugii vel futuri.' It is not easy to see how the Judge could ascertain whether a man belonged to this claim or not.

[611]'Quod si ad tale flagitium ancilla pervenerit, excepta poena sanguinis, matronali subjaceat ultioni: ut illam patiatur judicem, quam formidare debuisset absentem.' These provisions are probably of Germanic origin.

[612]'Quae sunt venerabili deliberatione firmata.' Is it possible that we have here a reference to a theoretical right of theSenateto concur in legislation?

[613]'Et usualia jura publica.' Dahn expands: 'All other juristic material, all sources of law—Romanlegesandjus, and Gothic customary law—the whole inheritance of the State in public and private law.'

[614]'Necessaria quaedam Romanae quieti edictali programmate duodecim capitibus sicut jus civile legitur institutum in aevum servanda conscripsimus, quae custodita residuum jus non debilitare, sed potius corroborare videantur.'

[615]Evidently aimed at the Goths.

[616]'Hac non utuntur barbari reges: apud legales dominos manere cognoscitur singularis.'

[617]'Et, ut reliqua taceamus, hoc quod loquimur inde est.'

[618]'Et semel Primi Ordinis vestri ac reliqui Senatus amplissimi auctoritate firmatus.' What is the meaning of 'Primi Ordinis vestri?'

[619]The twelfth Indiction began Sept. 1, 533. The Consul would enter office Jan. 1, 534. Was hedesignatedwhen the great Imperial officers wereappointedat the beginning of the Indiction?

[620]Curia, fromcura.

[621]'Primaevum recipiens ad Quaestoris Officium, mox reperit conscientia praeditum, et legum eruditione maturum.'

[622]'Et quadam gratia praejudiciali vacabat alios laborare, ut te sententiae suae copiosa laude compleret.' One would have expected Cassiodorus to say, 'You had the special privilege of doing other people's work and being praised for it, while they enjoyed their leisure;' but I hardly see how we can get this meaning out of 'vacabat alios laborare.'

[623]'Egisti rerum domino judicem familiarem et internum procerem.'

[624]'Nam cum esset publica cura vacuatus, sententias prudentum a tuis fabulis exigebat; ut factis propriis se aequaret antiquis.'

[625]'Quamvis habeas paternam Praefecturam, Italico orbe praedicatam.' This is one of the many proofs that Senator (now first advanced to the office of Praefectus Praetorio) is thesonof the Cassiodorus to whom the letter (i. 3) is addressed on his retirement from that office.

[626]'Tetendit se etiam in antiquam prosapiem nostram, lectione discens, quod vix majorum notitia cana retinebat. Iste Reges Gothorum longa oblivione celatos, latibulo vetustatis eduxit. Iste Amalos cum generis sui claritate restituit, evidenter ostendens in decimam septimam progeniem stirpem nos habere regalem. Originem Gothicam historiam fecit esse Romanam, colligens quasi in unam coronam germen floridum quod per librorum campos passim fuerat ante dispersum.'

[627]Probably from some expected descent of the Vandals, in connection with the affair of Amalafrida.

[628]'Par suis majoribus ducatum sumpsit intrepidus.'

[629]'Deputatos.'

[630]A conjectural translation of a difficult sentence: 'Mox autem ut tempus clausit navium commeatum, bellique cura resoluta est, ingenium suum legum potius ductor exercuit: sanans sine damno litigantium quod ante sub pretio comstabat esse laceratum.' I conjecture that by the sudden stoppage of the warlike preparations several of the contractors were in danger of being ruined, and there was a general disposition to repudiate all purchases.

[631]'Nam licet concordia Principum semper deceat, vestra tamen absolute me nobilitat; quoniam ille redditur amplius excelsus, qui vestrae gloriae fuerit unanimiter conjunctus.'

[632]'Divae recordationis.'

[633]Is there any authority for the reading of Nivellius, 'Theobaldum?'

[634]'Veniamus ad illam privatae Ecclesiae (?) largissimam frugalitatem.' 'Ecclesiae,' if it means here 'the Church,' seems to spoil the sense. Can Cassiodorus mean to compare the household of Theodahad to a 'private Ecclesia?'

[635]'Talem universitas debuit optare, qualem nos probamur elegisse, qui rationabiliter disponens propria, non appetat aliena.' And this of Theodahad!

[636]'Dominam rerum.'

[637]'Cujus prius ideo justitiam pertuli ut prius [posterius?] ad ejus provectionis gratiam pervenirem. Causas enim, ut scitis, jure communi nos fecit dicere cum privatis.' We have here, no doubt, an allusion to the punishment which, as we learn from Procopius, Amalasuentha inflicted on her cousin for his various acts of injustice towards his Tuscan neighbours.

[638]'Et summâ felicitate componitur quod ab aliis sub longâ deliberatione componitur.' 'Ab aliis' probably refers to Cassiodorus himself. The contrast between his elaborate and diffuse rhetoric, and the few, terse, soon-moulded sentences of his mistress is very fairly drawn.

[639]'Minus fuit ut generalitas sub libertate serviret.'

[640]'Theodosio homini suo Theodahadus rex.' Does 'homo suus' mean a member of his Comitatus? We seem to have here an anticipation of the 'homagium' of later times.

[641]'Mutavimus cum dignitate propositum, et si ante justa districte defendimus, nunc clementer omnia mitigamus.' A pretty plain confession of Theodahad's past wrong-doing, and one which was probably insisted upon by Amalasuentha in admitting him to a share in the kingship.

[642]534-535. As Athalaric died Oct. 2, 534, the appointment of Patricius cannot have taken place on the usual day, Sept. 1.

[643]'Velle nostrum antiquorum principum est voluntas, quos in tantum desideramus imitari quantum illi justitiam sunt secuti.'

[644]There is something in the tone of this letter which suggests that Theodora was known to be pregnant when it was written.

[645]This Maximus does not appear to be mentioned by Procopius. He may be the same Maximus who took refuge in one of the churches after Totila's capture of Rome in 546 (De Bello Gotthico iii. 20), and who was slain by order of Teias in 552 (Ibid. iv. 34); but that person was grandson of an Emperor, and it seems hardly probable that Cassiodorus would have spared us such a detail in the pedigree of Theodahad's kinsman. We seem also to be entirely without information as to the Amal princess who was the bride of Maximus.

[646]'Anicios quidem pene principibus pares aetas prisca genuit.'

[647]535 to 536.

[648]'Laudati sunt hactenus parentes tui, sed tantâ non sunt conjunctione decorati. Nobilitas tua non est ultra quod crescat. Quicquid praeconialiter egeris, proprio matrimonio dignissimus aestimaris.'

[649]Flavius Anicius Maximus was Consul in 523.

[650]'Nihil debemus et solvimus.' Have we here an echo of St. Augustine's thought, 'Reddis debita nulli debens?'

[651]'Qui maximo labore defenditur, cujus per dies singulos civilitas custoditur.'

[652]'Ut illos diligat super omnia, per quos habere probatur universa.'

[653]'Salutiferos apices.'

[654]'Ecce nec sollicitos patimur, quibus infensi esse putabamur.'

[655]'Postulata siquidem sacramenta vobis, ab Illo atque Illo praestari nostra decrevit auctoritas.'

[656]'Quâ nos convenit cautelâ Romam defendere, quam constat in mundo simile nihil habere?'

[657]'Quos tamen locis aptis praecipimus immorari, ut foris sit armata defensio, intus vobis tranquilla civilitas.'

[658]'Absit enim ut nostris temporibus Urbs illa muris videatur protegi, quam constat gentibus vel sola opinione fuisse terrori.'

[659]'Ut quae semper fuit libera, nullius inclusionis decoloretur injuria.'

[660]'Non enim rixas viles per regna requiritis: non vos injusta certamina quae sunt bonis moribus inimica, delectant.' No doubt this was meant to be taken as a hint of the censure which it professes to deny.

[661]'Pacem quam et iracundis gentibus consuevistis imponere.' An allusion, perhaps, to the peace concluded with Persia.

[662]The name of 'virum illum venerabilem' is not given, but we learn from Procopius (De Bello Gotthico i. 6) that it was Rusticus, a priest, a Roman, and an intimate friend of Theodahad.

[663]Wife of Theodahad.

[664]'Hortamini enim ut quidquid expetendum a triumphali principe domino jugali nostro (?) credimus vestris ante sensibus ingeramus.' It seems to me that the sense requiresvestroinstead ofnostro, and I have translated accordingly. (Dahn also makes this correction.)

[665]'Et vestra decet obsequia retinere.' Here 'nostra' seems to give a better sense than 'vestra.'

[666]'Dubium enim non est illam mores dare cui observatur assidue, dum constat defaecari animum bonis praeceptionibus institutum.' Rather hazardous praise to address to a Theodora.

[667]'Nam et de illâ personâ, de quâ ad nos aliquid verbo titillante pervenit, hoc ordinatum esse cognoscite, quod vestris credidimus animis convenire.'

[668]These mysterious sentences, according to Gibbon, cap. xli.n.56 (following Buat), refer to Amalasuentha, and thus lend probability to the story in the Anecdote of Procopius that Theodora, out of jealousy, intrigued with Theodahad to have Amalasuentha put to death. But whatever may be the truth of that story, this sentence can hardly by any possibility refer to it. For (1) it is clear that this letter was written at the same time as Theodahad's, which precedes it, therefore after the arrival of Peter in Italy. But Procopius is clear that Amalasuentha was put to death before Peter had crossed the Hadriatic, whereas this event, whatever it be, is evidently a piece of news which Gudelina has to communicate to Theodora. (2) This letter, though purporting to be from Gudelina, is confessedly written by Cassiodorus, and published by him at the end of his official career. It is hardly conceivable that he would deliberately publish to the world his connection with the murder of Theodoric's daughter and his own friend and benefactress. It is remarkable, on the contrary, how complete (but for this passage) is the silence of the Variae as to Amalasuentha's deposition and death: as if Cassiodorus had said, 'If you do anything to harmher, you may get other apologists for your deeds; I will be no champion of such wickedness.' It is scarcely necessary to remark that there is nothing in the wording of the sentence 'de illa persona,' &c. which makes it more applicable to a woman than to a man. As Peter's embassy was ostensibly connected with ecclesiastical affairs, there is perhaps an allusion in this sentence to some scheme of Theodora's with reference to the Papacy. It is possible that she may have been already working for the election of Vigilius to the chair of St. Peter, and therefore thatheis meant by 'illa persona.'

[669]'Nullam inter Romana regna decet esse discordiam.'

[670]This letter seems as if it was written on precisely the same occasion asx. 19. Again Peter is sent back, and with him a 'venerable man' to represent Theodahad. We learn from Procopius (i. 6) that Theodahad, in his fear of war, recalled Peter when he had already got as far as Albano, and gave him another set of propositions for Justinian. It seems possible that these fresh letters (22and23) from Theodahad and his Queen were given him when he set out thesecondtime.

[671]Zeno (not of course an ancestor in natural relationship, but predecessor in the third degree).

[672]'Considerate etiam, principes docti, et abavi vestri historica monumenta recolite, quantum decessores vestri studuerint de suo jure relinquere ut eis parentum nostrorum foedera provenirent.'

[673]'Nunc illi vestram gratiam ultro quaerunt, qui suis parentibus meliores se esse cognoscunt.' Dahn remarks that Theodahad's asserted superiority to Theodoric probably consisted in his philosophical culture.

[674]Seenoteon thepreceding letter.

[675]'Ut per eum disceremus acceptum vobis esse quod in hac republicâ constat evenisse.' At first sight this seems to refer to the death of Amalasuentha or to the accession of Theodahad. Dahn thinks that those events have been disposed of in previous letters. Perhaps it is a general expression for 'the whole course of recent events in Italy.' Though upon the whole rejecting the story of Theodora's complicity in the death of Amalasuentha, I am bound to admit that this passage lends a certain amount of probability to the charge. At the same time, the words in the next sentence, 'per divinam providentiam omni suspicione detersâ,' are susceptible of an honourable meaning, even if the death of Amalasuentha be alluded to. 'You and your husband accused us of that crime. Now by God's providence we have been able to show that we were guiltless of it [that it was done without our privity by the relations of the three Gothic nobles whom she had put to death]. Nothing therefore remains to hinder peace between us.'

[676]Apparently sent at the same time as the two preceding letters.

[677]Negotiations were evidently still going on between the Emperor and the Pope, probably with reference to the election of Anthimus, who, though accused of Monophysitism, had been made Patriarch of Constantinople in 535 by Theodora's influence, and whom the Pope apparently refused to recognise. He was afterwards deposed by Pope Agapetus when he visited Constantinople.

[678]Cassiodorus.

[679]Apparently Veranilda had in the reign of Theodoric become a convert from Arianism to Orthodoxy, and had suffered some pecuniary losses in consequence, which Theodahad now proposes to make up to her. See Dahn, Könige der Germanen iii. 199,n.4.

[680]Cassiodorus.

[681]'Quorum dignitas ad hoc legitur instituta, ut de repositis copiis populum saturare possetis.' Probably an allusion to Joseph, whom Cassiodorus celebrates as the first Praefectus Praetorio.

[682]Six bushels for twelve shillings, or sixteen shillings a quarter.

[683]Cassiodorus.

[684]The sentence is so long that Cassiodorus seems to have forgotten its construction, and these important words are in fact omitted.

[685]'Arcarios.'

[686]'Prorogatores.'

[687]'Capitularios horreariorum et tabernariorum.'

[688]'Cellaritas.'

[689]'Mansionem Ravennatem.'

[690]'Ripam Ticinensem vel Placentinam.'

[691]Here follows, 'Ut hi quibus commissum est exercere singulos apparatus de injusto gravamine non querantur,' which I do not venture to translate, as I am not sure whether it relates to buyers or sellers.

[692]£1,200.

[693]'Limosae podagrae subitâ inundatione complutus.'

[694]The nature-heated springs of Bormio are still resorted to; and some pedestrian travellers, who have crossed the Stelvio from Trafoi, have a grateful remembrance of their soothing waters.

[695]I have not found any other mention of these brazen elephants. Nardini (Roma Antica i. 295) cites this passage, and illustrates it by quotations from Suetonius, Pliny, and the Historia Augusta, showing that it was the custom to erect to Emperors and Empresses statues of elephants drawing triumphal chariots.

[696]Cassiodorus calls it 'promuscis.'

[697]'A quâ transportaneorum (?) nefanda passio nomen accepit.'

[698]Hist. Nat. xxviii. 8.

[699]Spelt 'Vitigis' by Cassiodorus.

[700]'Parentes nostros Gothos.'

[701]'Ut de ejus fama laboraret quamvis de propria virtute praesumeret.' I have translated as if 'laboraret' and 'praesumeret' were in the plural, and even so, find it difficult to get a satisfactory meaning out of these words.

[702]'Arma Gothorum nullâ promissionum mearum varietate frangenda sunt.' An evident allusion to the treacherous and unpatriotic diplomacy of Theodahad, as described by Procopius.

[703]'Non in provinciis tantum sed in ipso rerum capite probatur inflictum.'

[704]'Talis res effecta est quam mundus loquatur.' The commentator Fornerius absurdly understands this of Mundus, the general of Justinian in Dalmatia, who had already fallen in battle before the accession of Witigis.

[705]Matasuentha, now wife of Witigis.

[706]'Quando non est difficile illum in affectu retinere, qui gratiam constat desideranter expetere.' Very nearly, but not quite, the modern proverb which says that gratitude is 'a lively sense of favours to come.'

[707]'Salutiferos apices.' Seex. 15.

[708]'Secretum.'

[709]Here follows a sentence which I do not understand: 'Remanet itaque ad excusandum brevitas insperata librorum, quam nemo purgat diutius, nisi qui bene creditur esse dicturus.'

[710]This can hardly be the Consul ofa.d.511, since he is called in the next sentence 'senilis juvenis.'

[711]'De Animae substantiâ vel de virtutibus ejus amici me disserere coëgerunt: ut per quam multa diximus, de ipsa quoque dicere videremur.'

[712]This letter, which was not composed immediately after Cassiodorus' accession to office, most have been written after the death of the Frankish King Theodoric, which occurred, according to Clinton, early in 534, and before October 2 of the same year, the date of the death of Athalaric. Notwithstanding the obscurity of many of the allusions in it, this document is one of our best authorities for the history of Amalasuentha's regency, and is therefore translated almost verbatim.

[713]Partly a pun on his name, partly an allusion to his rank.

[714]The letter written by Cassiodorus himself, in the name of Athalaric, to announce his elevation to the Praefecture (Var.ix. 25).

[715]'Et temperamento mirabili dissimulando peragit quod accelerandum esse cognoscit.'

[716]'Eudoxia.'

[717]'Nurum denique sibi amissione Illyrici comparavit: factaque est conjunctio Regnantis, divisio dolenda provinciis.' On this alleged loss of Illyricum by the Western Empire, see Gibbon, cap. xxxiii. note 6. One may doubt, however, whether Cassiodorus has been correctly informed concerning it. Noricum and Pannonia at the time of Valentinian's marriage must have been entirely in the possession of the Huns; and on the dissolution of their monarchy Noricum at any rate seems to be connected with the Western rather than the Eastern Empire. As for Dalmatia, or theProvince(as distinct from thePraefecture) of Illyricum, the retirement thither of the Emperor Nepos in 475, and the previous history of his uncle Marcellinus, point towards the conclusion that this Province was then considered as belongingde jureto the Caesar of Rome rather than to him of Constantinople.

[718]'Et singularis illa potentia, utItalicos Dominos, erigeret, reverentiam Eoi culminis ordinavit.' This somewhat favours the notion that Theodoric and his successors called themselves Kings of Italy.

[719]Theodoric I, son of Clovis, King of the Franks, reigning at Metz, died, as before stated, in 534.

[720]'Et nobis nec unius ultimi facta subducis (?).'

[721]'Burgundio quinetiam, ut sua reciperet, devotus effectus est: reddens se totum dum accepisset exiguum. Elegit quippe integer obedire, quam imminutus obsistere: tutius tunc defendit regnum quando arma deposuit. Recuperavit enim prece, quod amisit in acie.' The meaning of these mysterious words, as interpreted by Binding (268-270) and Jahn (ii. 252), is that Godomar, King of the Burgundians, received back from Amalasuentha (probably about 530, or a little later) the territory between the Durance and the Isere, which Theodoric had wrested from his brother in 523. The occasion of this cession was probably some league of mutual defence against the Franks, which Cassiodorus could without dishonesty represent as a kind of vassalage of Burgundy to Ostrogothia. If so, it availed Godomar little, as his territories were overrun by the Frankish Kings in 532, and the conquest of them was apparently completed by 534 (Jahn ii. 68-78).

[722]'Afflictos statu meliore restituit.' An allusion, probably, to her kindness to the families of Boethius and Symmachus.

[723]No doubt the same Liberius who nobly defended the character of Amalasuentha at the Court of Justinian (Procopius, De Bello Gotthico i. 4). Apparently he was made Consul, but his name does not appear in the Fasti at this time.

[724]Probably to prevent his obtaining the Praefecture.

[725]This and the following names belong to the ancestors of Amalasuentha, and are found with slight variations in the treatise of Jordanes on the History of the Goths, which was founded on a similar treatise by Cassiodorus.

[726]'Pietate Theudimer.'

[727]'Specto feliciter virtutis ejus augmenta, qui differo laudare principia.' The annotator says that these words are not to be found in the extant writings of Symmachus [the orator]. It was probably the younger Symmachus, the father-in-law of Boethius, who uttered them. At this time Athalaric was killing himself by his debaucheries.

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