28. King Athalaric to Cunigast, Vir Illustris.

[No doubt the same as the Conigast attacked by Boethius in the 'Philosophiae Consolatio' i. 4[555].]

Possessores (or Coloni?) forced to become slaves.

'Our Serenity has been moved by the grievous petition of Constantius and Venerius, who complain that Tanca [probably a Goth] has wrested from them the farm which is called Fabricula, which belonged to them in their own right, together with the stock upon it[556], and has compelled them, in order to prevent similar forcible demands upon their property in future, to allow the worst lot of all—the condition of slavery—to be imposed upon them, who are really free[557].

'Let your Greatness therefore summon Tanca to your judgment-seat, and, after hearing all parties, pronounce a just judgment and one accordant to your character. For though it is a serious matter to oust a lord from his right, it is contrary to the feelings of our age to press down free necks under the yoke of slavery.

'Let Tanca therefore either establish his right to the slaves and their property, or, if they are proved free, let him give them up, whole and unharmed: in which case we will inflict upon him no further penalty.'