VARIAE, BOOK 1, LETTER 27
From: King Theoderic, writing through Cassiodorus
To: Speciosus
Date: ~507-511 AD
Context: A complex case involving violence at the circus: the Green faction claims that Patrician Theodorus and Consul Importunus attacked them, killing one of their members. Theoderic orders a formal hearing while reminding everyone that insults shouted at the circus should not be taken seriously.
[1] If we govern the customs of foreign peoples under law, and all who are joined to Italy serve Roman justice, how much more fitting that the very seat of civilization should show greater reverence for the law, so that the grace of high office may shine through the example of moderation? Where should one look for a temperate spirit, if violence defiles the patricians themselves? [2] The people of the Green faction have petitioned us, reporting that while they were arranging to travel to our court to seek the customary remedies, they suffered savage ambush by the patrician Theodorus and the illustrious consul Importunus, such that one of their number was killed. [3] If this is true, the brutality of the deed moves us deeply: that armed fury should pursue an innocent crowd, which civic affection ought rather to have cherished. But since the condition of the lower classes rightly calls upon the ruler's impartial aid, we order that the illustrious men named above be instructed by this present command to send, without delay and at your insistence, prepared representatives to the court of the illustrious Caelianus and Agapitus, so that the case may be examined according to law and terminated by their verdict. [4] But lest perhaps the loose talk of the mob may have offended these magnificent men, a distinction must be drawn regarding the nature of the offense. Let the man be held guilty who insolently assaulted a most reverend senator passing by -- if he cursed when he should have spoken well. [5] But who expects gravitas at the races? Catos do not come to the circus. Whatever the cheering crowd says there is not treated as an insult. It is a place that excuses excess. Their chatter, if accepted patiently, is shown to adorn even the princes themselves. Let those devoted to such pastimes answer us honestly: if they wish their opponents to be calm, they surely wish them to win -- for the crowd only lashes out with insults when it is embarrassed at being beaten. So why be angry at what they undoubtedly wished for?
XXVII. SPECIOSO THEODERICUS REX.
[1] Si exterarum gentium mores sub lege moderamur, si iuri Romano servit quicquid sociatur Italiae, quanto magis decet ipsam civilitatis sedem legum reverentiam plus habere, ut per moderationis exemplum luceat gratia dignitatum? ubi enim quaeratur modestus animus, si foedent violenta patricios? [2] Populi nobis itaque partis prasini petitione suggeritur, dum ad nostrum disponerent venire comitatum remedia consueta poscentes, se truculentas insidias a patricio Theodoro et Inportuno viro illustri consule pertulisse, ita ut unus eorum defleatur extinctus. [3] Quod nos, si ita est, pro facti sui acerbitate commovit, ut innoxiam plebem furor persequeretur armatus, quam fovere civicus debuisset affectus. sed quia condicio minorum regnantis aequabiliter implorat auxilium, supra memoratos illustres viros ammoneri praesenti iussione censemus, ut ad Caeliani atque Agapiti illustrium virorum adaeque iudicium instructas destinare non differant te instante personas, quatenus legibus examinata cognitio eorum sententia terminetur. [4] Sed ne forsitan magnificos viros loquacitas popularis offenderit, praesumptionis huius habenda discretio est. teneatur ad culpam quisquis transeunti reverentissimo senatori iniuriam protervus inflixit, si male optavit, cum bene loqui debuit. [5] Mores autem graves in spectaculis quis requirat? ad circum nesciunt convenire Catones. quicquid illic a gaudenti populo dicitur, iniuria non putatur. locus est qui defendit excessum. quorum garrulitas si patienter accipitur, ipsos quoque principes ornare monstratur. respondeant nobis certe qui talibus studiis occupantur: si tranquillos optant adversarios suos, certe volunt eos esse victores, quando ad iniurias tunc prosiliunt, cum se superatos turpiter erubescunt. unde ergo irasci volunt, quod sine dubiu se optasse cognoscunt?
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VARIAE, BOOK 1, LETTER 27
From: King Theoderic, writing through Cassiodorus To: Speciosus Date: ~507-511 AD Context: A complex case involving violence at the circus: the Green faction claims that Patrician Theodorus and Consul Importunus attacked them, killing one of their members. Theoderic orders a formal hearing while reminding everyone that insults shouted at the circus should not be taken seriously.
[1] If we govern the customs of foreign peoples under law, and all who are joined to Italy serve Roman justice, how much more fitting that the very seat of civilization should show greater reverence for the law, so that the grace of high office may shine through the example of moderation? Where should one look for a temperate spirit, if violence defiles the patricians themselves? [2] The people of the Green faction have petitioned us, reporting that while they were arranging to travel to our court to seek the customary remedies, they suffered savage ambush by the patrician Theodorus and the illustrious consul Importunus, such that one of their number was killed. [3] If this is true, the brutality of the deed moves us deeply: that armed fury should pursue an innocent crowd, which civic affection ought rather to have cherished. But since the condition of the lower classes rightly calls upon the ruler's impartial aid, we order that the illustrious men named above be instructed by this present command to send, without delay and at your insistence, prepared representatives to the court of the illustrious Caelianus and Agapitus, so that the case may be examined according to law and terminated by their verdict. [4] But lest perhaps the loose talk of the mob may have offended these magnificent men, a distinction must be drawn regarding the nature of the offense. Let the man be held guilty who insolently assaulted a most reverend senator passing by -- if he cursed when he should have spoken well. [5] But who expects gravitas at the races? Catos do not come to the circus. Whatever the cheering crowd says there is not treated as an insult. It is a place that excuses excess. Their chatter, if accepted patiently, is shown to adorn even the princes themselves. Let those devoted to such pastimes answer us honestly: if they wish their opponents to be calm, they surely wish them to win -- for the crowd only lashes out with insults when it is embarrassed at being beaten. So why be angry at what they undoubtedly wished for?
Modern English rendering for readability. See the 19th-century translation or original Latin/Greek for scholarly use.