r of the aqueduct, and thus most fitly
provide water for your thirsting flock, imitating by labour the
miracle of Moses, who made water gush forth from the flinty rock.'

32. KING THEODORIC TO DUDA THE SAJO.

[Sidenote: The rights of the Crown to the property of the proscribed
man, Tupha, to be asserted with moderation.]

'We are anxious strictly to obey the laws, and to take no advantage
over our subjects in courts of justice. If a man knows that he can get
his own by legal process, even from the Sovereign, he is the less
likely to seek it by the armed hand. The memorandum of Marinus informs
us that the property of Tupha was long ago mortgaged to a certain
Joannes[348]. But since it is quite clear that the property of a
proscribed man belongs to our fiscus, we desire you to summon the
widow of this Joannes and his secretary Januarius, "moderata
executione."

[Footnote 348: 'Marini relatione comperimus res Tuphae apud Joannem
quondam sub emissione chirographi fuisse depositas.']

'If they acknowledge that they have no right to the property let them
at once restore it; but if not, let them come before the _Consularis_
of Campania and establish their right according to course of law.

'But let all be done without loss or prejudice to the rights of
innocent persons. If any such charge be established against you, _you_
will become the offender in our eyes.'

[The description of Tupha as 'proscriptus' makes it probable that we
are dealing with that officer of Odovacar whose double treachery
(489-490) so nearly caused the failure of Theodoric's invasion of
Italy, and who finally fell in battle against his fellow-rebel,
Frederic the Rugian. The only difficulty is the lapse of time since
those events, as this letter was probably written not earlier than
about 511; but that is in some degree met by the word _quondam_ in the
sentence quoted (_n._ 1, p. 250).]

33. KING THEODORIC TO ALL THE JEWS OF GENOA.

[Sidenote: Privileges of the Jews confirmed.]

'The true mark of _civilitas_ is the observance of law. It is this
which makes life in communities possible, and which separates man from
the brutes. We therefore gladly accede to your request that all the
privileges which the foresight of antiquity conferred upon the Jewish
customs shall be renewed to you[349], for in truth it is our great
desire that the laws of the ancients shall be kept in force to secure
the reverence due to us[350]. Everything which has been fo