Letter 4032: King Theodoric to Duda, Saio [royal agent].
Cassiodorus→Duda|c. 522 AD|Cassiodorus
friendshipimperial politicsproperty economics
King Theodoric to Duda, Saio [royal agent].
While we wish justice to be upheld in all cases -- since a love of fairness is the ornament of our reign -- we are especially insistent that in matters brought in the name of our treasury, hateful false accusations must never burden our reputation. We can endure being defeated in court, provided equity is preserved through the law, so that we may always be victors on the battlefield. For the subject who lawfully prevails over the king is no adversary at all.
From Marinus's report we have learned that the property of Tufa [likely a political figure whose estates were confiscated] was deposited with the late John under a formal written receipt. Since what belonged to a proscribed man clearly belongs to us, we order by this present authority that you are to approach the wife of the said John and his son Januarius with moderate enforcement.
If they acknowledge they are wrongfully holding what is claimed, let them restore it in the interest of fairness. If not, let them post a formal bond and appear before the Governor of Campania for a lawful hearing, so that with both parties present and you presiding, a decision may be rendered according to the provisions of imperial law. This is to be done, however, in such a way that the innocent are not burdened by any prejudice, any injury, or any loss -- lest you appear to turn someone else's accusation into your own personal vendetta.
XXXII. DUDAE SAIONI THEODERICUS REX.
[1] Cum in omnibus causis velimus iustitiam custodiri, quia regni decus est aequitatis affectus, in eis maxime quae fisci nostri nomine proponuntur nequaquam detestabilis calumnia in invidiam regnantes affligat. patimur enim superari salva aequitate per leges, ut inter arma semper possimus esse victores. nam quem licenter subiectus superat, non debellat adversus. [2] Marini itaque relatione comperimus res Tufae apud Iohannem quondam sub emissione chirographi fuisse depositas. et quia nobis competere manifestum est quod ad proscriptum poterat pertinere, ideoque praesenti auctoritate praecipimus, ut uxorem supra dicti Iohannis filiumque eius Ianuarium moderata exsecutione convenias. [3] Qui si intentata iniuste se retinere cognoscunt, aequitatis consideratione restituant: minus ne, competenti sponsione praemissa ad consularem Campaniae veniant legibus audiendi, ut coram partibus positis te imminente, quod forma continet sanctionum divalium, censeatur: ita tamen, ut nullo praeiudicio, nulla iniuria, nullo damno innocentia praegravetur, ne alienae accusationis invidiam tuam facere videaris offensam.
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King Theodoric to Duda, Saio [royal agent].
While we wish justice to be upheld in all cases -- since a love of fairness is the ornament of our reign -- we are especially insistent that in matters brought in the name of our treasury, hateful false accusations must never burden our reputation. We can endure being defeated in court, provided equity is preserved through the law, so that we may always be victors on the battlefield. For the subject who lawfully prevails over the king is no adversary at all.
From Marinus's report we have learned that the property of Tufa [likely a political figure whose estates were confiscated] was deposited with the late John under a formal written receipt. Since what belonged to a proscribed man clearly belongs to us, we order by this present authority that you are to approach the wife of the said John and his son Januarius with moderate enforcement.
If they acknowledge they are wrongfully holding what is claimed, let them restore it in the interest of fairness. If not, let them post a formal bond and appear before the Governor of Campania for a lawful hearing, so that with both parties present and you presiding, a decision may be rendered according to the provisions of imperial law. This is to be done, however, in such a way that the innocent are not burdened by any prejudice, any injury, or any loss -- lest you appear to turn someone else's accusation into your own personal vendetta.
Modern English rendering for readability. See the 19th-century translation or original Latin/Greek for scholarly use.