32. King Theodoric to Duda the Sajo.

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."

'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).]