wearied out with continual labour, is no
longer equal to the fatigues of our glorious campaigns, and you
therefore ask to be released from the necessity of further military
service. We grant your request, but stop your donative; because it is
not right that you should consume the labourer's bread in idleness. We
shall extend to you our protection from the snares of your
adversaries, and allow no one to call you a deserter, since you are
not one[403].'
[Footnote 403: This is perhaps a specimen of the 'honesta missio' of
which we read in the Theodosian Code xii. 1. 43, 45.]
37. KING THEODORIC TO THE JEWS OF MILAN.
[Sidenote: Rights of the Jewish Synagogue not to be invaded by
Christians.]
'For the preservation of _civilitas_ the benefits of justice are not
to be denied even to those who are recognised as wandering from the
right way in matters of faith.
'You complain that you are often wantonly attacked, and that the
rights pertaining to your synagogue are disregarded[404]. We therefore
give you the needed protection of our Mildness, and ordain that no
ecclesiastic shall trench on the privileges of your synagogue, nor mix
himself up in your affairs. But let the two communities keep apart, as
their faiths are different: you on your part not attempting to do
anything _incivile_ against the rights of the said Church.
[Footnote 404: 'Nonnullorum vos frequenter causamini praesumptione
laceratos et quae ad synagogam vestram pertinent perhibetis jura
rescindi.']
'The law of thirty years' prescription, which is a world-wide
custom[405], shall enure for your benefit also.
[Footnote 405: 'Tricennalis humano generi patrona praescriptio vobis
jure servabitur; nec conventionalia vos irrationabiliter praecipimus
sustinere dispendia.' I do not know what is meant by 'conventionalia
dispendia.']
'But why, oh Jew, dost thou petition for peace and quietness on earth
when thou canst not find that rest which is eternal[406]?'
[Footnote 406: 'Sed quid, Judaeo, supplicans temporalem quietem
quaeris si aeternam requiem invenire non possis.']
38. KING THEODORIC TO ALL CULTIVATORS[407].
[Footnote 407: 'Universis Possessoribus.']
[Sidenote: Shrubs obstructing the aqueduct of Ravenna to be rooted
up.]
'The aqueducts are an object of our special care. We desire you at
once to root up the shrubs growing in the Signine Channel[408], which
will before long become big trees scarcely to be hewn down with the
axe, and
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