). Repeatedly summoned to pay,
he always procrastinates, and we can get no satisfaction out of him.
The petition of Joannes, who is son-in-law to Thomas, informs us that
he is willing to pay the 10,000 solidi due, if we will make over to
him the said farms, and all the property of his father-in-law. This we
therefore now do, reserving to Thomas the right to pay the debt at any
time before the next Kalends of September, and thus to redeem his
property. Failing such payment, the property is to pass finally into
the hands of Joannes, on his paying the 10,000 solidi to the
Illustrious Count of the Patrimony [possibly Stabularius].
[Footnote 382: 'Thomatem domus nostrae certa praedia suscepisse sed
eum male administrando suscepta usque ad decem millia solidorum de
Indictionibus illa atque illa reliquatorem publicis rationibus
extitisse.' It is not quite clear whether the debt is due as what we
should call rent or as land-tax. Perhaps the debt had accumulated
under both heads.]
'It may be some little consolation to Thomas to reflect that after all
it is his son-in-law who enters into possession of his goods.'
[Dahn ('Koenige der Germanen' iii. 277) remarks on this letter: 'But
even the well-meaning Theodoric takes steps in the interests of
substantial justice which from a juristic point of view it would be
hard to justify.... Evidently here the King, in his consideration of
what was practically just, has decided according to caprice, not
according to right; for the Fiscus could strictly only be repaid its
debt out of the property of the defaulter, and hold the Arcarius
(Joannes) responsible for the balance' (for which Dahn thinks he had
already made himself liable). I do not quite agree with this view. It
seems to me that Thomas was hopelessly bankrupt (the debt was 10,000
solidi, not 1,000, as stated by Dahn), and the Fiscus virtually sells
the bankrupt's estate to his son-in-law, for him to make of it what he
can.]
8. KING THEODORIC TO ANASTASIUS THE CONSULAR.
[Sidenote: Transport of marble from Faenza to Ravenna.]
'We rely upon your Sublimity's zeal and prudence to see that the
required blocks of marble are forwarded from Faventia (Faenza) to
Ravenna, without any extortion from private individuals; so that, on
the one hand, our desire for the adornment of that city may be
gratified, and on the other, there may be no cause for complaint on
the part of our subjects.'
9. KING THEODORIC TO THE POSSESSORES O
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