22. King Theodoric to the Senate of the City of Rome.

Capuanus appointed Rector Decuriarum.

[On the appointment of Capuanus to the office of Rector of the Guilds (Rector Decuriarum). The Guilds (Decuriae) of the City of Rome—not to be confounded with the Provincial Curiae, membership in which was at this time a burden rather than an advantage—enjoyed several special privileges. We find from the Theodosian Code, Lib. xiv. Tit. 1, that there were Decuriae of the Librarii, Fiscales, Censuales. The Decuria Scribarum is perhaps the same as the Decuria Librariorum. I use the word Guilds, which seems best to describe a body of this kind; but it will be seen from their names that these Guilds are not of a commercial character, but are rather concerned with the administration of justice. Some of them must have discharged the duties of attorneys, others of Inland Revenue officers, others acted as clerks to register the proceedings of the Senate, others performed the mere mechanical work of copying, which is now undertaken by a law stationer.

It was ordained by a law of Constantius and Julian (357) that no one should enter the first class in these Decuriae[393] unless he were a trained and practised literary man.

The office which in the Theodosian Code is called Judex Decuriarum seems here to be called Rector.]

The young Capuanus has distinguished himself as a advocate both before the Senate and other tribunals. There has been a certain diffidence and hesitation in his manner, especially when he was dealing with common subjects; but he always warmed with his peroration, and the same man who even stammered in discussing some trifling detail became fluent, nay eloquent, when the graver interests of his client were at stake. When he saw that the Judge was against him he did not lose heart, but, by praising his justice and impartiality, gradually coaxed him into a more favourable mood. On one memorable occasion, when a certain document was produced which appeared hostile, he boldly challenged the accuracy of the copy [made probably by one of the Decuria Librariorum] and insisted on seeing the original. This young advocate is now appointed Rector Decuriarum, and thus accorded the privilege of seniority over many men who are much older than himself. He is exhorted to treat them with all courtesy, to remember the importance of accuracy and fidelity in the execution of his duties and those of the Decuriales under him, on whose correct transcription of documents the property, the liberty, nay even the life of their fellow-subjects may depend. Especially he is exhorted to remember his own challenge of the accuracy of a copied document, that he may not ever find that memorable oration of his brought up against himself.

The Senate is exhorted to give the young official a kindly welcome. It will now devolve upon him to report with praiseworthy accuracy the proceedings of that body, the most celebrated in the whole world. He who has often pleaded before them the cause of the humble and weak, will now have to introduce Consulars to their assembly. It is expected that his eloquence will grow and his stammer will disappear, now that he is clothed with a more dignified office. 'Freedom nourishes words, but fear frequently interrupts their plenteous flow.'