The Letters of Cassiodorus: Being a Condensed Translation of the Variae Epistolae of Magnus Aurelius Cassiodorus SenatorCassiodorus, Senator
History
The Letters of Cassiodorus: Being a Condensed Translation of the Variae Epistolae of Magnus Aurelius Cassiodorus Senator
Cassiodorus, Senator
Goths -- Italy; Italy -- History -- 476-1268
'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.'
11. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS AND COMES.
[Sidenote: Dispute between Possessores and Curiales.]
'Let your Magnitude enquire into and decide promptly the dispute
between the Possessores and Curiales of Velia.' [A conjectural
emendation for _Volienses_.]
12. KING THEODORIC TO MARABAD, VIR ILLUSTRIS AND COMES; AND GEMELLUS,
SENATOR.
[Sidenote: Archotamia's complaint against the extravagant widow of her
grandson.]
'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.'
[Footnote 337: 'Omni incivilitate submota.']
[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, 'Koenige der Germanen' iv.
140, _n._ 2.]
13. KING THEODORIC TO SENARIUS, VIR ILLUSTRIS, COMES PRIVATARUM.
[Sidenote: Supplies for Colossaeus and his suite.]
Public-domain text, read in full here on John Shaqi.
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