Bishops, Ecclesiastical Institutions, and the Ostrogothic Regime 473
by Roman law, in particular Novella 35 of 452, which was the last existing provi-
sion on the subject. The king, therefore, discussed and resolved the criminal
case of the bishop of Aosta and sent a letter to the metropolitan bishop to
ensure that he applied what had been decided. The term districtio, generally
used in the sense of ‘severity’ and ‘rigour’,108 and which in the Breviarium of
Alaric II also acquired the meaning of jurisdiction,109 has the explicit meaning
of coercion to be applied by the metropolitan to clerics under his control in its
use at the end of the letter to Eustorgius. In this, Theoderic closely adhered to
the imperial legislative tradition.
Conclusion
The traditional image of a late antique church that was intent on enforcing
laws, on extending the exclusivity of the episcopal jurisdiction beyond cases
of de religione or de fide so that bishops could also deal with criminal matters,
and that enlarged the jurisdiction of ecclesiastical courts to include all sub-
jects of the church now appears obsolete. Texts long interpreted in this man-
ner lend themselves to a completely different understanding. As we have seen,
Theoderic, writing to Ianuarius of Salona, asked him not to evade payment any
longer, thereby offering justice to those who had sought it from the king.110 He
demanded that the bishop Aurigenes punish an employee of his church (homo
ecclesiae) whom Julian accused of having kidnapped his wife and usurped
her properties.111 Petrus, perhaps the same bishop of Ravenna who implored
Theoderic in vain about the synagogue burned by Christians,112 was solicited
by the king to return to Germanus part of his paternal inheritance, which his
church had claimed.113 It has been said that “Theoderic’s government was inca-
pable of administering justice” and delegated to the bishops, who were accused
by their faithful at the court of the king, to deliver justice.114 The impression
given by the late ancient evidence is different. Theoderic entrusted the task
108 Cass., Va r. 3.47, ed. Fridh, p. 129, line 2; Ennodius, no. 95 (Ep. 3.24), p. 119, l. 29; Gregory, Ep.
1.33, ed. , p. 40, l. 23.
109 Lex Visigot. 12.1.2, ed. Haenel.
110 Cass., Va r. 3.7, ed. Fridh, p. 103: cf. supra, n. 41.
111 Cass., Va r. 3.14, ed. Fridh, p. 108: cf. supra, n. 42.
112 PCBE II, “Petrus iunior 30”, pp. 1740–1.
113 Cass., Va r. 3.37, ed. Fridh, p. 123.
114 De Marini Avonzo,“I vescovi nelle ‘Variae’ di Cassiodoro”, p. 256.