itemur itaque alterius quidem donum, sed nostrum
esse judicium, et modernam principis mentem praevenisse tantum
velocissimam largitatem.' Observe again the use of Cassiodorus'
favourite word _modernam_.]

'Everyone knows that our grandfather wished to give you the house of
Agnellus in the Castrum Lucullanum, but could not do so having already
given it to the Patrician Tulum[552]. Tulum, however, with his usual
generosity, seconding the wishes of his master, formally conveyed the
property to you; and that conveyance we now confirm, guaranteeing the
quiet possession of it to you and your heirs for all time to come. If
any doubt exist as to your title, by any mischance, or by reason of
any enquiry, such doubt is exploded by the authority of this letter of
ours[553].

[Footnote 552: Tholuit, or Tholum, in some MSS., but no doubt the same
as the Tulum of Letters 9 and 10.]

[Footnote 553: 'Ubi et si quid esset quolibet casu, qualibet
inquisitione fortassis ambiguum, hujus auctoritatis nostrae judicio
constat explosum.']

'And should any envious person, in contempt of our royal will, dare to
raise any question in this matter hereafter, either on behalf of the
Fiscus or of any private individual, we declare that he shall pay to
you, or to the person to whom you may have assigned the said house,
100 lbs. of gold (L4,000) by way of penalty.'

[Why should there be the necessity of this royal confirmation of a
transaction between two private individuals, Tulum and Joannes, and
this tremendous penalty on all future impugners of it?

Evidently because the property had been impressed with the character
of State domain, and it was doubtful how far Tulum's alienation of it
might stand good against the claims of future Sovereigns.

This becomes quite clear when we reflect what is the property to which
this letter refers. It is either the whole or a part of the
Lucullanum, to which the deposed Emperor, Romulus Augustulus, was
banished in 476. On his death, as we may conjecture, this property,
one of the most delightful places of residence in Italy, has been
given by Theodoric to Tulum, perhaps just after he had distinguished
himself in the Gaulish campaign of 508. For some reason or other,
Tulum has alienated it (ostensibly, given it) to the Reporter Joannes,
no doubt a Roman, who is apparently nervous lest his title to it
should hereafter be impugned on the ground that the palace of the last
Roman Emperor was national property.