40. King Theodoric to the Representatives (Actores) of Probinus.

The affair of Agapeta. Basilius, her husband, ordered to plead.

Recurs to the case of the Possessio Areciretina, which Agapeta , the wife of Basilius, had given (or sold) to Probinus, and which Probinus was commanded to restore. (See Letters ii. 10 and 11.)

The petition, now presented by the representatives of Probinus, puts a somewhat different face upon the matter, and seems to show that the sale by Agapeta (notwithstanding her melancholy condition of fatuity and vice) was a bonâ fide one, for sufficient consideration.

Her husband Basilius is now ordered to reply to the pleadings of the opposite party, either at the King's Comitatus, or in some local court of competent jurisdiction. The King's Comitatus is meant to be a blessing to his subjects, and recourse to it is not made compulsory where, on account of distance, the suitor would rather be excused from resorting to it.