Letter 1037: VARIAE, BOOK 1, LETTER 37

37. KING THEODERIC TO CRISPIANUS. [1] Although the first hearing of the crime of homicide rouses revulsion, and the eyes of those who judge shrink from a blood-stained hand, since the path that inclines toward mercy always lies open to good minds, nevertheless it must be weighed by a consideration of justice in what way an injury done to a man may make a wicked deed necessary: he who, by some new misfortune of fate, will then become the object of everyone's loathing if he should keep himself innocent. For who could bear to drag to the laws a man who has striven to defend the rights of marriage? [2] It is implanted even in wild beasts to defend their own mate with the utmost struggle, since to all living things that is hateful which is condemned by natural law. We see bulls defend their females with the contest of their horns, rams rage murderously on behalf of their ewes, horses avenge with kicks and bites the mares joined to them. Thus those who are not moved by shame lay down their lives on behalf of their mates. [3] But how is a man to endure leaving an adultery unavenged, which he is known to have neglected to his everlasting disgrace? And therefore, if you are by no means cheated of the truth of the petition you have presented, and you have washed away the stain on the marriage bed with the blood of the adulterer caught in the act, and you do not plead the cause of your honor as a pretext for a bloodthirsty mind, we order that you be free from the exile which it is agreed was inflicted upon you, since for husbands to draw the sword out of love for chastity is not to trample the laws, but to establish them. [4] In such a way, however, that, if a lawful accuser comes forward, you are to know that you must be given a hearing concerning the character of your deed, so that, if you have slain innocent persons, the crime may be cut off by public severity, but if you have severed by the death of adulterers embraces wickedly entered upon, it may be judged to be vengeance rather than fault. [5] But if any of those slandering you has brought losses upon you, and it is established that money was extorted by the deputy or his staff from Agnellus, your surety, as you assert, let him, summoned by our command, restore according to the laws what was taken away. For we do not wish those whom our verdict has been seen to set free to fall as plunder to anyone. In like manner, against the assaults of the lawless we grant you protection under impartial defense against Candac, so that he neither withdraw you from the laws nor again permit you to be troubled contrary to the public statutes.

XXXVII. CRISPIANO THEODERICUS REX. [1] Quamvis homicidii facinus primus detestetur auditus et cruentam manum oculi refugiant iudicantum, quia proclivior ad misericordiam via bonis semper mentibus patet, tamen iustitiae consideratione librandum est, qua cuique fiat iniuria necessarium scelus: qui nova infelicitate fortunae tunc erit detestatio cunctorum, si se servet innoxium. quis enim ferat hominem ad leges trahere, qui matrimonii nisus est iura violare? [2] Feris insitum est copulam suam extrema concertatione defendere, dum omnibus est animantibus inimicum, quod naturali lege damnatur. videmus tauros feminas suas cornuali concertatione defendere, arietes pro suis ovibus capitaliter insaevire, equos adiunctas sibi feminas colaphis ac morsibus vindicare. ita pro copulatis is sibi animas ponunt qui verecundia non moventur. [3] Homo autem quemadmodum patiatur adulterium inultum relinquere, quod ad aeternum suum dedecus cognoscitur omisisse? et ideo si oblatae petitionis minime veritate fraudaris et genialis tori maculam deprehensi adulteri sanguine diluisti nec sub praetexta cruentae mentis causam pudoris intendis, ab exilio, quod tibi constat inflictum, te praecipimus alienum, quoniam pro amore pudicitiae porrigere ferrum maritis non est leges calcare, sed condere. [4] Ita tamen, ut, si legitimus extiterit accusator, de facti tui qualitate te noveris audiendum, ut, si innoxios peremisti, crimen publica districtione resecetur, si male initos complexus adulterorum morte divisisti, aestimetur potius vindicta quam culpa. [5] Si quis tibi autem calumniantium damna generavit et Agnello fideiussori tuo, ut asseris, a vicario vel eius officio extortam constiterit fuisse pecuniam, nostra iussione conventus secundum leges ablata restituat. nolumus enim in cuiusquam praedam cadere, quos nostra visa est sententia liberare. pari modo contra incivilium impetus Candacis tibi tuitionem sub aequabili defensione praestamus, ut nec legibus te subtrahat nec iterum contra iura publica laborare permittat.