Letter 4037: King Theodoric to Theodagunda, Illustrious Lady.

CassiodorusTheodagunda|c. 522 AD|Cassiodorus
property economics

King Theodoric to Theodagunda, Illustrious Lady.

[Theodagunda appears to have been a Gothic noblewoman with judicial authority in her region -- possibly as a landowner exercising jurisdiction over her territory.]

It befits your wisdom to exercise careful oversight in the affairs of those under your authority, since under your governance only such things should be done as can demonstrate the king's own presence. We trust that, mindful of your birth, you reject everything that is vicious and can love only what you know we ourselves approve. The examples of ancestors would perhaps be forgotten if the deeds of a long lineage were poorly remembered; but children who resemble their parents soon follow in their praises.

Renatus has come before us with a tearful complaint: he states that, with judges appointed by your delegation, he finally won his case against a woman named Inquilina after a long interval -- exhausted by the delays and expenses of litigation, he at last obtained your justice. Yet his opponent's shameless obstinacy does not relent. She renews the case with fresh proceedings, pursuing the petitioner's modest resources not so much out of any hope of winning but, it appears, to destroy her adversary through the cost of endless litigation.

If, therefore, you recognize that the judgment was rendered under your authority, and the losing party is not shown to have filed a lawful appeal, see to it that the matter, lawfully concluded, stands firm. Do not let prolonged litigation enrich neither party but ruin both -- so that what is pursued for the sake of profit proves instead to be a cause of loss.

AI-assisted translation — This translation was produced with AI assistance and has not been peer-reviewed. See the 19th-century translation or original Latin/Greek below for scholarly use.

Latin / Greek Original

XXXVII. THEODAGUNDAE ILLUSTRI FEMINAE THEODERICUS REX.

[1] Decet prudentiae vestrae curam subiectorum negotiis adhibere custodiam, quia vobis ordinantibus illa fieri debent quae regiam possunt demonstrare praesentiam. sic enim credimus, quia memor natalium tuorum a te abicias omne vitiosum et illa sola diligere possis, quae et nos amare cognoscis. proavorum forsitan oblitterentur exempla, si longi generis minus facta recolantur: similes autem filii patrum praeconia mox sequuntur. [2] Renatus itaque flebili nobis aditione conquestus est vobis delegantibus cognitores iudicatum se contra Inquilinam nomine post longa temporis intervalla meruisse et excubiis damnisque confecto vestram tandem prospexisse iustitiam: nec tamen litigatoris improbam cessare calumniam, dum redivivis litibus tenuitatem insequitur supplicantis, ut non tam vincendi votum quam adversarii videatur quaesisse detrimentum. [3] Quapropter si vobis iubentibus iudicata cognoscitis nec constat adversarium provocasse legaliter, finitum iure negotium in sua manere facite firmitate, ne longa quaestio litigantium non tam augeat patrimonia, sed evertat et quod fit ambitu lucri, causa videatur esse dispendii.

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