7. King Theodoric to Joannes, Vir Clarissimus, Arcarius [Treasurer].

Default in payments to Treasury made by Thomas. His property assigned to his son-in-law Joannes.

'The Vir Honestus, Thomas, has long been a defaulter (reliquator) in respect of the Indictions payable for certain farms which he has held under the King's house in Apulia[382], and this default has now reached the sum of 10,000 solidi (£6,000). Repeatedly summoned to pay, he always procrastinates, and we can get no satisfaction out of him. The petition of Joannes, who is son-in-law to Thomas, informs us that he is willing to pay the 10,000 solidi due, if we will make over to him the said farms, and all the property of his father-in-law. This we therefore now do, reserving to Thomas the right to pay the debt at any time before the next Kalends of September, and thus to redeem his property. Failing such payment, the property is to pass finally into the hands of Joannes, on his paying the 10,000 solidi to the Illustrious Count of the Patrimony [possibly Stabularius] .

'It may be some little consolation to Thomas to reflect that after all it is his son-in-law who enters into possession of his goods.'

[Dahn ('Könige der Germanen' iii. 277) remarks on this letter: 'But even the well-meaning Theodoric takes steps in the interests of substantial justice which from a juristic point of view it would be hard to justify.... Evidently here the King, in his consideration of what was practically just, has decided according to caprice, not according to right; for the Fiscus could strictly only be repaid its debt out of the property of the defaulter, and hold the Arcarius (Joannes) responsible for the balance' (for which Dahn thinks he had already made himself liable). I do not quite agree with this view. It seems to me that Thomas was hopelessly bankrupt (the debt was 10,000 solidi, not 1,000, as stated by Dahn), and the Fiscus virtually sells the bankrupt's estate to his son-in-law, for him to make of it what he can.]