Compendious Selection of Laws of Leo and Constantine

^A And it happened that wars were being waged in the regions of Pavia, and the patrician Narses 83 was spending the money assigned by pact to the public treasury for the use of the army, and the regular revenue was not only not being sent by him, but on the contrary, he signaled that he expected money to be sent to him from there, since he had spent all the revenue on the encroaching wars, and therefore that nothing should be sought from there. Hearing these things, the Empress Irene, inflamed with anger, sent him a spindle and a distaff, writing to him with these words: "Take these, which are suitable for you; you are not suitable for war." ^A The patrician Narses held Benevento and Pavia; and Pope Zacharias the Athenian held Rome. But it happened that wars occurred in the parts of Pavia, and the patrician Narses disbursed the revenues brought to the public treasury [(53)] for the army, and the regular payment was not sent by him according to the usual form. But Narses sent back word: “I rather hope that money will be sent to me from there, since I have consumed all the revenue brought from here on the wars that have arisen; and rather you should seek revenues from here.”

NOTES OF ANSELM BANDURI

In these matters we have the Most Eminent Cardinal Baronius, but he is worthy of pardon, not only because the lifespan of a single man is not sufficient to weigh individual matters carefully, but also because very many ancient monuments have come to light after the death of such a great man. However, there are very many who believe this history of Narses to be true and genuine, and they easily eliminate the difficulties of Baronius, since they show from historians that several men named Narses flourished in those times. Besides Petavius in his *Ratio temporum*, Pagius, at the year of Christ 567, asserts the truth of this history with many arguments, whose words it is not irrelevant to transcribe here. Thus, therefore, he says: "Paulus Diaconus, book 2 of his *Gesta Langobardorum*, cap. 5; Anastasius in the *Life of Pope John III*; Fredegarius in his *Epitome*, cap. 65; Sigebertus, Marianus Scotus, Hermannus Contractus, and other Latin writers have written that Narses, terrified by Sophia Augusta, so that he did not dare return to Constantinople, invited the Longobards to come into Italy. Baronius rejects this among the fables, and thinks that Narses had been recalled from Italy by Justinian before the reign of Justin, because he had read in Corippus that Narses, a most famous commander, was at Constantinople at the start of Justin's reign for his inauguration, and was then Curopalates, which began to be held as the highest dignity of the Palace, from the time that Justin, the nephew of Justinian, held it. But under the reign of Justin there were three Narses who were distinguished, and they were Persarmenians. Procopius, book 2 of his *History of the Gothic War*, cap. 13, speaks of the first two: 'There was,' he says, 'Narses the eunuch, and count of the sacred largesses,' etc. Justin, a commander of the Illyrians, and another Narses, who had fled to the Romans from the Persians who were subject to the Armenians, long ago with his brother Aratius. The first had been prefect of Italy, and Marius speaks of him as cited. The second, who was the brother of Aratius and Isaacius, perished in the Persian war, conducted during the reign of Justin, as Procopius relates in his *History of the Persian War*, cap. 25, who also frequently makes mention of him elsewhere. The third is that Narses of whom Corippus speaks, and he recited these verses, recounted by Baronius under number XI:

‘Meanwhile the armor-bearer, tracing the footprints of the Lord, Narses stands eminent, towering with his head above all, And he dazzles the Augusta Palace with his attire, Decked in his hair, and distinguished in form and face.’

But this Narses, of whom the poet speaks, is not he who accomplished such great things in Italy, and who incurred the offense of Sophia Augusta. For Narses the eunuch was not of distinguished form and face, nor was he young, but an old man. Therefore, the Narses of whom Corippus speaks was a commander of soldiers under Maurice, and flourished about thirty years after the former, and was such a terror to the Persians that even the Persian infants trembled at the mere hearing of the name of Narses. Theophylactus speaks of him at length in his *Maurician History*. Baronius at the year 582, number XIII and following, speaks of that Narses, and concludes that he has proposed this opinion of his to be considered rather than to be believed by the law of history." ^C The most learned Cardinal doubts in that same place whether that Narses of whom Paulus speaks, book 1, cap. 4, whom he writes condemned Bishop Vitalis of the city of Altinum to exile, is different from Narses the Eunuch; but it is certain that he is the same man, since Paulus also has a discourse there concerning the plague that devastated Italy in Narses' time, namely at the very end of Justinian's reign, as we have shown above. Furthermore, the Narses of whom Theophanes writes at the year 6 of Justin the Younger: "In this year Narses the cubicularius and protospatharius, who was so dear to the Emperor Justin that he was ridiculed for his sake, built the house of Narses and the monastery of the Cathari" — I say, this is the Narses of whom Corippus speaks, who was in charge of the cubicularii and eunuchs; for Corippus describes their order and services in book 3. That this Narses was also a protospatharius, or count of the Protectors, armed and carrying the sign of the squadron subordinate to him, is clearly shown by the verses of Corippus, book 4, which Baronius recites this year at number 11, the beginning of which is, "Also, powerful with the sword, standing strong in the vigor of his limbs," etc.

But whether Narses the Eunuch summoned the Longobards into Italy, we cannot learn from the Greek authors, among whom neither Theophanes, nor Cedrenus, nor Zonaras even make mention of the invasion of the Longobards into Italy, whereas on the contrary, most of the Latin historians, among whom the deed occurred, expressly mention it. There exists in the Colbertine Library a manuscript *Brief Exposition of the Times* by Mellitus, at the beginning of which this author professes to bring forward what he received from older writers and to note briefly the sum of the times from the beginning of the world up to the principate of the Emperor Heraclius, or King Sisebut. When he arrives at Justin the Younger, he says: "Narses the patrician, after he defeated Tutila, King of the Goths, in Italy under Justinian Augustus, terrified by the threats of Sophia Augusta, wife of Justin, invited the Longobards from Pannonia and led them into Italy." Thus Mellitus word for word, who testifies that he concluded his work in the 5th year of the Emperor Heraclius and the 4th of Sisebut, namely in the year of Christ 614 or the following: that he was a Spaniard, the mention of King Sisebut in such a small chronicle shows. We have, therefore, a contemporary author who writes nothing that he did not receive from older ones. The codex was written about eight hundred years ago. Saint Isidore, Bishop of Seville, an author also contemporary in his brief chronicle recently published by Schelstratius from the Urbino-Vatican Library, has the same. So the praised Pagius, who however is deceived when he says that no one among the Greek authors makes mention of this history of Narses, since Porphyrogenitus speaks of it at length, a Greek writer of the tenth century most worthy of faith.

[Col. 236] [(53)] *Pacton*, tribute according to pact, or exaction. Our writer frequently uses this word with the same meaning. It is also found in other Byzantine writers with the same meaning. See Ducange's *Glossarium Graecum*.

^A Having heard these things, the empress Irene was angered and sent him a spindle and a distaff, writing to him: "Take these, for such things are fitting for you. We have deemed it more just for you to spin than to wield weapons as a man, to defend and govern and fight for the Romans." Having heard these things, the patrician Narses wrote back to the empress: "Since it is thought by you that I should spin and weave like a woman, I shall spin threads with the spindle and distaff so that, as long as the Romans live, they will not be able to unweave them." ^B At that time the Lombards were inhabiting Pannonia (34), where the Turks now dwell. And the patrician Narses, having sent them fruits of every kind (35), made it known to them, saying: "Come here and you shall see a land flowing, as the saying goes, with milk and honey, a better one than which, I think, God does not possess; and if it is pleasing to you, dwell in it, so that you may call me blessed forever and ever." The Lombards, having heard these things and being persuaded, took up their families and came to Benevento. Those in the fortress of Benevento, however, did not allow them to enter inside the fortress, but they encamped outside the fortress near the wall by the river, having built there a small fortress, from which it is called Civitanova (36), meaning "New Fortress," which exists even to this day. They used to enter inside the fortress and into the church, and having through a ruse gained control of the inhabitants of the fortress of Benevento, they slew them all and took possession of the fortress (37). ^C For inside [the church], holding swords beneath their robes, and having created a diversion, they began a battle on the spot, and, as has been said, slew everyone; and from that time, having campaigned through all that land, they subjected it, including the theme of Lombardy and Calabria, and as far as Pavia, except for Otranto, Gallipoli, Rossano, Naples, Gaeta, Sorrento, and Amalfi. The first city, ancient and great, was Capua, the second Naples, the third Benevento, the fourth Gaeta, the fifth Amalfi. Salerno was founded in the time of Sicard, when the Lombards divided their principalities. And there are, up to this day, which is the seventh indiction, years from the creation of the world 6457 (Christ 949), and from the division of Lombardy 200 years. There were two brothers, Sicon and Sicard (38). ^D And Sicon indeed held Benevento and the parts of Bari and Siponto. Sicard, however, possessed Salerno, Capua, and parts of Calabria. But Naples was the ancient praetorium of the patricians who were sent out; and he who governed at Naples also governed Sicily, and when the patrician proceeded to Naples, the duke of Naples would go to Sicily. Capua, indeed, was a huge city, and it was captured and devastated by the Vandals or Africans; and when it thus lay desolate, the Lombards inhabited it. And soon, against the Africans once again...

^A [by whom] it is bordered, and also the great unbaptized Croatia, which is also called White. There, then, these Serbs also dwelt from the beginning. And the principality of Serbia having devolved from the father to two brothers, one of them, taking half of the people, fled for refuge to Heraclius, the emperor of the Romans; and the same Emperor Heraclius, having received them, gave them a place for settlement in the theme of Thessalonica, which from that time has taken on such an appellation. The Serbs, in the language of the Romans ^B are called *douloi* (slaves); whence common usage also calls *serboula* the footwear of slaves, and *Tserboulianoi* those who wear cheap and poor footwear. And the Serbs had this name because they became slaves of the Emperor of the Romans. After some time, it seemed good to these same Serbs to return to their own lands, and the emperor sent them; but when they had crossed the Danube river, having felt remorse, they sent word to Heraclius the emperor, through the *strategos* who at that time governed Belgrade, to grant them another land for settlement. And since the present Serbia, and Pagania, and the land called that of the Zachlumians ^C, and Terbounia, and the region of the Kanalitai—Triballos, the Serb.

(49), the castle of Luliano (50), the castle of A- Cabertzentza. It should be known that there are also emporia, and castles.

Pineta, which is called Strobilo (51), the castle of Biniola (52), the castle of Bes, in which is the church of the Holy Apostle Peter, the castle of Elutulba (52), the castle of Bronion (52), the castle of Madaucon (53), the castle of Hola, the castle of Pristina, the castle of Clugia (54), the castle of Brundon (55), the castle of Phosaon (56), the castle of Lauriton (57). It should be known that there are other islands in the same region of Venice. It should be known also that in the mainland part of Italy there are castles of the Venetians, which are these: the castle of Capre (58), the castle of Neocastron, the castle of Fines, the castle of Aeculon (59), the castle of Aimanas (60), the great emporium of Tortzelon, the castle of Mouran (61), the castle of Ribanton (62), which is interpreted as "high place," in which the Doge of Venice sits: the castle of Cabertzentza. It should be known that there are also emporia and castles.

CAPUT XXVIII

ANSELM BANDURI'S NOTES

The people of the Venetian province arrived at the maritime shore.

Montesilienses, and others dwelling around the mountains, coming to the same disaster by sea, settled on the shores of Mathemaus, Albiola, Palestin, and Clugia. At that time, the nobles of Aquileia came to the Aquilian waters (Gradatas), and on the shore constructed a remarkable castle, which is called after the name of the waters; finally, it becomes the metropolis, Venice.

Concerning the inhabitants of Aquileia fleeing to Gradus through fear of Attila.

In the year of the Lord 424, the inhabitants of Aquileia, besieged by Attila, king of the Huns, not being able to defend themselves, and thus the walls being poorly fortified, and Attila having been deceived and having entered inadvertently, ^D all the inhabitants with all their wives and children and their goods fled, and lived there forever after, whence the Venetians were called as it were new-comers, and hence it is debated up to this day by the patriarch of the Aquileians.

Of the inhabitants of Altino fleeing to various places through fear of Attila.

After this, Attila crossed the river, which was previously called Antenor, because it was first built by Antenor; and they similarly sent infants with their mothers and their treasures to the Islands; but at last, not being able to resist, they fled there by night, and the aforementioned city was reduced to solitude: for the great city was having six gates, and the inhabitants of each having seized the island,

^A a desolate and marshy place. Those now called Venetians were Franks from Aquileia and other parts of Francia, and they used to inhabit the land that lies opposite to the Venetians. And when Attila, the king of the Avars, had come and had despoiled and laid waste all of Francia, everyone—the Franks—began to flee from Aquileia and from the other fortress-cities of Francia, and to go to the uninhabited islands of Venice and to build huts there, for fear of the king, Attila. Now, when this king Attila had laid waste the entire land, and had reached as far as Rome and Calabria, and had left Venice far behind, those who had fled to the islands of Venice, finding security and having, so to speak, cast off their fear, all took counsel to dwell there, which is what they did, and they have dwelt there to this very day.

After Attila had withdrawn, many years later there came again King Pepin, who at that time held Pavia and other kingdoms. This Pepin had three brothers who ruled over all the lands of the Franks and the Slavonians. When King Pepin set out against the Venetians, leading with him a huge multitude of soldiers, he encamped upon the mainland on the other side of the passage to the islands of Venice, at a place called Aibolas ^B. The Venetians, seeing King Pepin advancing against them with his army, and that he intended to cross over with his horses to the island of Malamocco (for this island is near the mainland), cast *kerataria* (antennas) and blocked the entire passage. The people of King Pepin, therefore, coming to a stand (for it was not possible for them to cross elsewhere), encamped against them on the mainland for six months, fighting with them every day. And the Venetians would board their ships and stand behind the *kerataria* which had been cast by them. King Pepin stood with the people ^C on the shore, whom the Venetians were attacking with arrows and missiles, so that he might not cross to the island. King Pepin, therefore, in despair, addressed the Venetians thus: "You are my subjects, inasmuch as [you dwell] on my land and..." ^D

^A under my protection." But the Venetians answered him: "We wish to be subjects of the Emperor of the Romans, and not of you." Being greatly pressured by the trouble that had been caused them, the Venetians ^B made a peace agreement with King Pepin, promising him a large tribute. From that time on, the tribute was reduced every year, which continues to this day. For the Venetians pay to whoever holds the kingdom of Italy, that is, Pavia, thirty-six pounds of unminted silver each year. And in this way the war between the Franks and the Venetians ceased. When the people began to flee to Venice and to gather there, so that they became a great multitude, they proclaimed as their duke the one who excelled others in nobility. ^C And the first duke among them had already come to be before King Pepin came against them. The Duchy was at that time in a place called *Civita nova*, which is interpreted as *New City*. But because the aforementioned island was near the continent, they transferred the Duchy by common council to another island, where it still remains; this is because it is as far distant from the continent as one could see a man mounted on a horse.

NOTES OF ANSELM BANDURI

(70) *Riptarion*, *Missile Spiculum*. See Du Cange, *Gloss. Græc.* (71) Concerning the outcome of this war of Pippin with the Venetians, many have written many things, and especially the Venetian ^D authors: but to pass over the others, it pleases me to set forth here the words of one of them, Andrew Dandolo, Duke of the Venetians, on this matter, especially since his chronicle is not published. Thus, therefore, he writes: In the Year of our Lord 809, and the eighth of Charles, Pippin, King of Italy, by his father's order, having broken the treaty, came with an army along the shores to subjugate the province of Venice; and when he had crossed with the greatest difficulty the gates dividing the islands, having put to flight the Brundulenses, Clugenses, and Palestrinenses, he arrived at a certain place which is called Albiola, on the bank of the port of Metamaucum, and was unable by any means to advance further; yet, thinking he could press the Venetians with the hunger of famine in a short time. The Venetians, however, hearing this, strike the army with a multitude of bread and hardtack hurled by engines, so that they might not be excluded from the opinion of famine. Then, the strength of the Franks reviving, the Venetians, having left the city of Metamaucum, came to Rivoaltum; and when King Pippin was subtly investigating how he might send them back, having followed the advice of a certain cunning old woman, he caused a bridge to be constructed of timber, vessels, and woven wicker-work upon the dry waters, thinking he could enter Rivoaltum without obstacle. At the appointed hour, therefore, the horsemen ascend the bridge with confidence. Then the Venetians, being not unaware of this plan, having prepared many ships, went out secretly to meet them in the rising water, insulting them, from whom, with the bridge submerged due to the unbinding of the timbers, nearly all who had ascended the bridge were drowned, and they obtained the desired victory. The King, however, dismayed and seeing that he could by no means fulfill his intent henceforth, laid waste the adjacent places he was able, and arrived as far as the church of St. Michael, burning everything, and as some write, he deemed the province should be left to Nicephorus, the Emperor of Constantinople, according to the treaty, and not long after, King Pippin dies at Milan: the writer of the pamphlet entitled *Squitinio della Liberta Veneta* is therefore deceived, when he says that the more recent Venetian writers only assert that the victory stood on the side of the Venetians; indeed, Andrew Dandolo, who flourished in the fourteenth century, was one of the first writers of Venetian affairs, a man upright and conspicuous in both letters and arms, as attested by Francesco Petrarca, who flourished in the same age, in his letters, both published and unpublished, which are preserved in the Royal and Colbertine library; from which Petrarca had truly written very many to this same Dandolo. (72) *Dibaria*, *Diaria*, Du Cange says in his *Glossary*, which he barely understands. For it is not likely that the Venetians paid pounds of silver in *diaria* to the Kings of Italy: although I confess I am completely ignorant of what this word sounds like. Thus the praised Du Cange. But perhaps someone will think that in this place *divalia* should be read instead of *dibaria*. (73) Concerning the institution of the first Duke of the Venetians, Dandolo, whom we praised above, has in his manuscript chronicle: In the Year of Our Lord 697, while a copious multitude of people was living among the Venetian islands in every neighborhood, the tribunes, and all the nobles, and the commoners with the patriarch, and the entire clergy gathered together in Heraclia in these days, that they might prevent the impending damages and dangers, and provide for the better state of their province, and increase it. When therefore the tribunes of the islands, disagreeing among themselves, were unwilling to yield to one another, the Lombards invaded their borders without resistance: for which reason they unanimously decided that a Duke should preside over them, who would govern the people subject to him with fair moderation, and have the force and power to convoke a general assembly in public causes; also to appoint tribunes and judges, who would distribute rights equally to both laymen and clerics in private causes, except for purely spiritual ones; so, however, that it would be lawful for the oppressed to implore the remedy of the Duke at any time, by whose command the councils of the clerics and the elections of prelates should be initiated by the clergy and the people, and the elected should receive investiture from him, and be enthroned by his mandate. These things having been healthily ordained, the name of Christ having been invoked, they unanimously appointed as Duke Paulutius, a citizen of Heraclia, endowed with wisdom and conspicuous for nobility, and they granted him the sacred [oath] of justly and equably exercising the governance of the Duchy, and placed him on the throne with Ducal insignia. (74) *Civita nova*, *Civitas Nova*. (75) In the manuscript it is thus, and it should be read.

by their counsel they moved the duchy to another island, where it is even today, because it is at such a distance from the mainland that one can see a man riding on a horse.

CAPUT XXIX. Concerning Dalmatia and the peoples adjacent to it.

^A Emperor Diocletian was very fond of the land of Dalmatia; for this reason, he brought a people from Rome with their families and settled them in this same land of Dalmatia. These also were named Romans because they had migrated from Rome, and they carry this title until this very day. This Emperor Diocletian also built the castle of Aspalathus ^B and constructed palaces therein, which were beyond all description or writing, and remains of their ancient magnificence still exist today, even though length of time has consumed them. But the same Emperor Diocletian also built the castle of Dioclea, which is now held by the Diocletians, wherefore those of that region received the name Diocletiani. The dominance of these same Romans extended as far as the Danube river; and once, wishing to cross the river and observe who dwelt beyond the river, they crossed and found Sclavinian tribes who were unarmed—these were also called Avars. Neither did these expect that anyone dwelt beyond the river, nor did those suspect anyone on this side of the river. Therefore, because the Romans found the Avars unarmed and unprepared for war, ^C they vanquished them, seized booty and captives, and withdrew. And from that time on, the Romans instituted two exchanges, from Easter to Easter, changing their people so that on the Great and Holy Sabbath they would meet one another, both those who were departing from the place of their station and those who were succeeding to this service. For near the sea, under this very city, a city—

called Salona ^A, 83, half the size of Constantinople, in which all the Romans used to gather and arm themselves, and from there they would set out, and go to the mountain pass which is four miles from the same city, which is even to this day called Klissa 84, because it shuts in those passing through it. And from there they would go on to the river. Thus, as this changing of the guard had taken place for many years, the Slavs who were beyond the river, who are also called Avars, having considered the matter, said among themselves: "These Romans, from the time they first crossed over and made plunder, will never cease crossing over from now on; therefore, let us plot against them." Thus, therefore, the Slavs, the Avars, having taken counsel, and when the Romans once crossed over 85, they made ambushes, and having fought, they defeated them. And having taken their arms, and their banners 86, and the rest of the military standards, the aforementioned Slavs crossed the river and came to the mountain pass. When the Romans who were there saw them, and observed the banners and the equipment of their own countrymen, thinking them to be their own countrymen, when the said Slavs reached the mountain pass, they allowed them to pass through. But once they had entered, they immediately drove out the Romans, and took the aforementioned city of Salona. And having settled there from that time on ^B, they began little by little to plunder, and they destroyed the Romans who were inhabiting the plains and the higher places, and seized their territories. But the remaining Romans were saved in the cities of the seacoast, and even to this day they hold them; which cities are these: Rausium, Aspalathum 87, Tetrangurium, Diadora, Arbe, Becla, and Opsara; whose inhabitants are called Romans even to this day 88.

From the empire of Heraclius, the emperor of the Romans, in the manner which will be recounted in the narrative of the Croats and Serbs, all of Dalmatia 89, and the nations around it, such as the Croats, Serbs, Zachlumians, Terbuniotes, Canalites, Diocletians, and the Arentani...

^B who are also called Pagani, withdrew themselves from the rule of the Romans; for when the Roman Empire, through the sluggishness and sloth of the rulers of that time, and especially of Michael the Amorian, the Stammerer, had almost fallen to nothing, those who inhabited the fortresses of Dalmatia became self-governing, subject neither to the Emperor of the Romans nor to anyone else. In the same way, the nations bordering on them—the Croats, Serbs, Zachlumians, Terbuniotes, Canalites, Diocletians, and Pagani—having shaken off the reins of the Roman Empire, became free and used their own laws, not those of foreigners. These nations, as they say, have no chiefs, except for the elders—the Zupans—just as the other Slavic lands also have in their custom. But the majority of these Slavs were not even baptized, but remained unbaptized for a long time. However, during the reign of the most pious Emperor Basil ^C, they sent envoys requesting and beseeching him that those among them who were not yet baptized should be baptized, and that they should be, as from the beginning, subject to the Roman Empire. Having heard their prayers, that blessed and renowned Emperor sent his Cæsarian along with priests and baptized all those of the aforementioned nations who were still unbaptized; and once they were baptized, he then appointed over them chiefs whom they themselves desired and chose, from the line that they most cherished and loved. And from that time to the present day, their chiefs have been chosen from the same line, and from no other. But the Pagani, who are also called Arentani in the Roman language, were left behind unbaptized in inaccessible and craggy places. For in the Slavic language, Pagani signifies unbaptized. ^D Subsequently, these too sent envoys to the same renowned Emperor and requested to be baptized; and so he sent [his men], and they were baptized. Then, as before...

because of the sloth and negligence of those who held power, the affairs of the Romans fell into arrears, and those dwelling in the fortresses of Dalmatia became independent, subject neither to the Emperor of the Romans nor to anyone else. Some time later, during the reign of the renowned and ever-memorable Emperor Basil, Saracens came ^A from Africa, namely Soldanus, Saba, and Calphon, with thirty-six ships, and they occupied [territory] in Dalmatia, and they sacked the fortress of Butoba, and the fortress of Rossa, and the fortress of Decatera below. And they also came to the fortress of Rausium, and besieged it for fifteen months. Then the Rausians, being hard-pressed, made it known to the ever-memorable ^B Emperor of the Romans, Basil, saying to him thus: "Have mercy on us, and do not let us perish at the hands of the deniers of Christ." The Emperor, moved by compassion, sent the patrician Nicetas, the drungarius of the fleet, nicknamed Oryphas, with one hundred chelandia. The Saracens, having learned of the arrival of the patrician drungarius of the fleet with the fleet, fled, leaving the fortress of Rausium, and crossed over to Longobardia, and having besieged the fortress of Bares, they took it. Then Soldanus, having built palaces there, held all of Longobardia up to Rome for forty years. For this reason the Emperor sent envoys to Louis, King of France, and to the Roman Pope, requesting that they bring aid to the army he had sent; and they

yielding to the Emperor's request, both the King and the Pope, came with a great force and joined the army sent by the Emperor, together with the Croats, the Serbs, the Zachlumians, the Terbuniotes, the Canalites, and the Ragusans, along with everyone from the fortresses of Dalmatia (for all of these were present at the royal command). ^A And having crossed into Longobardia, they besieged the fortress of Bari and sacked it. It should be known that the Ragusan inhabitants carried the Croats and the other Sclavarchs into Longobardia with their own ships. The Emperor of the Romans took back for himself the fortress of Bari, the region, and all the spoils; but the Soldan and the rest of the Saracens were taken away by Louis, King of France. ^B

NOTES OF ANSELM BANDURI

At that same time the Hagarenes began to settle in Bari, devastating it to the ruins, and began to plunder the whole of Apulia, Calabria, and gradually to ravage Salerno and Benevento. For the Saracens were called by Radelgis, Prince of Benevento, to his aid against the Capuans, through Pando, the Castald of Bari, his faithful servant, as the Anonymous Casinensis (ch. 8), Leo Ostiensis (lib. 1, ch. 27), and the Chronicle of St. Vincent on the Volturno (p. 694) relate. But why Bari is called a city of the Ragusans by Symeon the Logothete, I find no reason in other writers. Thus he writes to the seventeenth year of the reign of Basil the Macedonian: “The Soldan, leader of the Hagarenes, having captured Bari, which is a great city of the Ragusans, and having lived in it, was plundering many other cities and regions.” ^C

... The name of Louis is variously related by Greek writers; in this very chapter of Porphyrogenitus he is called […], and in the book *On the Themes* (ch. 11), *Lodoichos*, which I doubt not was corrupted through the ignorance of the scribe. In the life of Basil, the same is written *Lodochos*, and in Cedrenus, *Dolochos*. But one should everywhere read *Lodochos* or *Lodochos*.

(14) This evidence is sufficiently illustrative to confirm the antiquity of the city of Ragusa, my fatherland; for in the ninth century, under the reign of Basil the Macedonian, the auxiliary forces of the Slavic princes were transported to the city of Bari in Apulia in our ships, as Porphyrogenitus notes: which without doubt the city of Ragusa would not have possessed in the ninth century, unless it had been founded for several centuries already, and was at that time great and most flourishing, the metropolis of the whole Roman people which was in Dalmatia, as we shall say below from the same Porphyrogenitus. Moreover, the origin and progress of the Ragusan republic... ^D and that the Emperor of the Romans held the entire region and all the spoils for himself, but that the Soldan with the rest of the Saracens was led away by Louis, King of France, toward Capua and Benevento, some call into doubt, because Erchempert, the author of the Chronicle of St. Vincent on the Volturno and the Protospathar, relate that the Greeks finally entered Bari after the departure of Emperor Louis, to protect themselves from the Saracens, whose forces were increasing daily. Erchempert (ch. 29) and the Chronicle of St. Vincent say: "Hearing this, those who resided at Bari brought Gregory, the *Bajulus* of the Greek Emperor, who was then living in Otranto, into Bari with many armies for fear of the Saracens; who immediately having seized the Castald and his leading men sent them to Constantinople, to whom he had sworn fidelity." Which indeed the Protospathar and the Anonymous Barensis reject to the year 875, indiction viii, thus after the departure of Emperor Louis, who died at Ravenna on the 13th day of the month of August, in the year 874.

^A and the remaining Saracens, Louis, king of Francia, took them and led them away to the castle of Capua and to the castle of Benevento 13; and no one ever saw him laughing. The king said, "If anyone in truth reports to me or shows me the Soldan laughing, I will give him much money." After this, someone saw him laughing and reported it to King Louis. He summoned the Soldan and asked him for what reason he had laughed. He replied, "I saw a chariot and the wheels turning in it, and for this reason I laughed 14, because I was once a head, and now I am beneath everyone, and God can again exalt me." And from that time, Louis invited him to his table and ate with him. And the princes of Capua and Benevento ^B came to the Soldan, asking him about medicine and the treatment of horses 15 and other matters, as from an old and experienced man. The Soldan, being crafty and crooked, said to them, "I want to tell you a thing, and I fear that it might be revealed by you to the king 16, and I will lose my own life." They swore to him, and taking confidence, he said to them, "The king intends to exile all of you to the great Francia, and if you do not believe it, wait a little while and I will give you proof." And going away, he said to Louis, "The princes of this place are wicked, and you cannot master this region unless you destroy the powerful ones who oppose you; but bind the leaders of the castle and send them to your country, and then, as you wish, the rest will submit to you." And when he had persuaded him to fulfill his counsel, and he had ordered iron chains to be made to exile them, the Soldan went away and said to the princes, "Do you still not believe that the king is making you outcasts ^C and that the memory of you is to be erased entirely from among men? However, if you wish to be fully assured, go and see what on earth all the blacksmiths are doing at the command of the king; and if you do not find them making chains and fetters, know that everything I have told you is false; but if I am speaking the truth, take thought for your own salvation and bestow a benefit upon me, who have given you useful and salutary counsel." The princes, being persuaded by the words of the Soldan, having seen the fetters and chains, believed entirely what was the case, and from that time they formed a plan to remove King Louis. But the king ^D of all these...

NOTES OF ANSELM BANDURI

^A having deliberated. But the lords, having been persuaded by the word of the Soldan, and having seen the chains and the bonds, received complete certainty, and from then on they meditated the destruction of King Louis. And the king, knowing nothing of all this, went out to hunt; but when he turned back, his lords seized the castle, not allowing him to enter (17). And King Louis, seeing the resistance of the lords, returned to his own country. And the lords said to the Soldan: "What then do you wish us to do for you concerning the salvation that came to us from you?" And he asked that he be released in his own country; and this being done, he departed into Africa, to his own territory. But not forgetting his ancient malice, he encamped, and came with force into Capua and into Benevento to besiege and subjugate them. ^B And they who held such castles sent ambassadors to King Louis in Francia, that he might come and assist them against the Soldan and the Africans. And King Louis, having learned these things, and the manner in which the Soldan had acted by persuading the lords that "The king is planning to banish you to Francia in chains," answered them, "I repent even of the things I formerly bestowed upon you, since when I delivered you from your enemies, you repaid me with evil for good; and just as I was driven out by you, so now I rejoice at your destruction." Then, reduced to the greatest distress, they sent ambassadors from King Louis to the emperor of the Romans to ask that he might assist them, and deliver them from such danger. The emperor promised aid; but while the ambassador was returning from the city of Constantinople, and bringing glad tidings to those who had sent him concerning the aid to be sent by the emperor, before he could reach the city, he was captured by the Soldan's guards. For he had known that an embassy had been sent to the Roman emperor, and he focused all his efforts on capturing the ambassador, which indeed happened. ^C And having captured the ambassador, he understood what duty he had performed, and that in a few days the aids of the Roman emperor would arrive. And so the Soldan said to him: "If you do what I shall say, you will receive liberty and the greatest gifts...

but if not, by a wicked death you shall lose your life."

The messenger having promised to fulfill the things commanded of him, the Soldan said to him: "I command you to stand near the wall and call those who sent you, and say to them: 'I for my part have performed the service I was bound to do, and I have implored the Roman emperor on your behalf; but yet, know that my journey was in vain, and the emperor has judged your petition an unworthy thing, and you should not hope for any help from the emperor.'"

The messenger, having promised to fulfill these things with joy, they led him near the castle. ^B And setting at nothing all that had been spoken by the Soldan, neither fearing his threats, nor being persuaded by his promises, but placing the fear of God in his heart, he reasoned within himself that it was better for me alone to die than for so many souls to be ensnared by my word and betrayed to death. And indeed, having drawn near to the wall and calling all the lords, he said to those who held authority over that castle: "I, my masters, have fulfilled my ministry and will announce what the Roman emperor has ordered to be signified to you; but I adjure you by the Son of God and by the salvation of the whole city and of your own souls, that you show kindness for my sake to my children, and to my wife, who hopes to receive me back; for as you shall do with them, so shall you receive your reward from the just ^C and good God, the rewarder, who is to judge the living and the dead."

And having said these things, he encouraged them, saying: "I, for my part, shall perish by the Soldan, and I risk my life; but stay you firm and do not be faint-hearted, but wait a little while, and in a few days the safety sent to you by the Roman emperor will arrive."

When he had said these things, the soldiers of the Soldan who were holding him, the kinsmen of the Soldan, hearing what had been said by him contrary to their expectation, gnashed their teeth upon him and rushed upon one another, as to who might be the author of his slaughter. ^D Having been killed by them, the Soldan, fearing the coming power of the emperor, turned back to his own country. And from that time until today, the people of Capua and those of Benevento live under the power of the Romans in complete servitude and subjection, because of this great benefit conferred upon them.

The city of Rausium is not called Rausium in the Greek tongue, but because it stands upon precipices—which is called in Greek *kremnos*—they were called from this *Lausaioi*, that is...

those sitting upon the precipice. But common usage, which often corrupts names by the substitution of letters, has transformed the name to *Rausæos*. And these same Rausæi once held the city called Epidaurum; but afterwards, when the remaining cities were captured by the Slavs who are in this theme, this city too was taken by them: and some of the citizens were killed; others were carried off in chains. But those who were able to find safety in flight inhabited the rugged places. Where the city is now, they first built it small, and later again larger, and then for a third and a fourth time, little by little, as the multitude increased, they extended the boundaries. Among those who migrated from elsewhere to Ragusium, these are the ones: Gregory, Arsaphius, Victorinus, Vitalius, Valentinus the archdeacon, Bauentinus the father of the protospatharios Stephanus. From the time, then, that the citizens of Salona migrated to Rausium, there are 500 years until this current day, the 92nd [year of the cycle], 7th indiction, 6457th year. (Christi 949.) Furthermore, Saint Pancratius was deposited in the same city in the church of Saint Stephanus, which is in the middle of the city. ^B Aspalathus city has attained this name; for even an Laconian city situated in a rugged place is called by Lycophron *As*—whence the name was taken for *Aslapas*, the Dioscuri. And just as from the beginning that city was called Rausium or Lausium by the Greeks, because it was situated in a rugged place (which place is indeed a part of the city today, looking toward the winter sunset); so afterwards, at the beginning of the eleventh century, when many from the Slavic race came to inhabit Rausium, they extended the suburbs of the city toward the north, and built houses there. Since this place was then wooded, and a forest is called *Dubrava* among the Slavs, the city of Rausium took its name from that part of the city then built, and was called by the Slavs *Dubrounik*, which name it preserves to this very day. ^C But I have interpreted those words of Porphyrogenitus as follows: The city of Rausium is not called Rausium in the Greek tongue, but because it is situated in rugged places—a precipice is called *Lau* in Greek—whence the inhabitants were named *Lausæi*, that is, those sitting on a precipice. But perhaps someone will understand those words like this: The city of Rausium is not called Rausium in the Latin tongue, but because it is situated in rugged places—a precipice is called *Lau* in Greek—whence the inhabitants, etc.; as if you were to say: The name of the Ragusine city is not Roman, nor is it derived from the Latins, but it received a Greek name from the rugged place in which it is situated; for a precipice is called *Lau* in Greek, for later Greeks, ^D equal in the Roman dialect, understand Latin and Greek equally.

[alt-version omitted]

NOTES OF ANSELM BANDURI

Bauentinus, father of the protospatharios Stephanus. From the time, then, that the citizens of Salona migrated to Ragusium, there are 500 years until this current day, the 7th indiction, 6457th year. (Christi 949.) Furthermore, Saint Pancratius was deposited in the same city in the church of Saint Stephanus, which is in the middle of the city. Aspalathus city has attained this name... it is, etc. How the Ragusine city was enlarged, Ludovicus Tubero recounts in book v of his *Commentarii de temporibus suis*. "Among those who migrated from elsewhere to Ragusium, these are the ones." In the published editions it reads: *ἐκ δὲ τῶν κατοικησάντων εἰς τὸ Ῥαούσιον*, etc. Namely: "From among those who inhabited Rausium, these are the ones." *Baventinus*. But I believe this word to be corrupt in both places, and I read *Valentinus*. It is also incorrectly read in the editions *τοῦ ἁγίου* instead of *τοῦ πρωτοσπαθαρίου*. Nor do I doubt that in the manuscript which Meursius used to adorn his edition of Constantine, this word was written in a contracted, or, as is commonly said, abbreviated form, namely the letter *π* with a *σ* superscript; which indeed signifies *πρωτοσπαθάριον*, as we shall demonstrate more fully below in the Notes to chapter 42, and also in the following sections, where this same word occurs repeatedly in the same contracted manner, and was not read by Meursius. "From the time, then, that the citizens of Salona migrated to Ragusium," etc. "From the time, then, that the citizens of Salona migrated to Ragusium, there are 500 years until this current day, 7th indiction, 6457th year (Christi 949)." From this it is manifest that the men recounted by Porphyrogenitus a little above, who migrated to Ragusium, were citizens of Salona, and there I read best in the manuscript *ἐκ δὲ τῶν μετοικησάντων*, etc., and not *κατοικησάντων*, etc., as it is had in the editions, as we noted a little above. In the editions, however, it is read here *ἀφ' οὗ δὲ ἀπὸ Σαλῶνα μετώκησεν εἰς Ῥαούσιον*, etc. Which Meursius interprets: "From the time, however, that Salona-man migrated to Ragusium, there are 500 years until this current day, 7th indiction, year," etc. What follows in Meursius's version is corrupted and depraved; which fact I believe to be the fault of the copyist, and not the negligence and ignorance of the interpreter. Moreover, this number of 500 years which Porphyrogenitus puts from the year of Christ 949, in which he was writing these things, to that time when the Salonitan citizens migrated to Ragusium, [was] corrupted by the copyist, or Constantine calculated incorrectly, thinks Joannes Lucius, *de regno Dalmatiæ*; since the destruction of Salona should in no way be referred to the times of Attila, insofar as it remained standing in the time of Justinian, and provided the greatest accommodations to the generals of Justinian in the Gothic war.

^A In the same castle lies the holy Pancratius in the church of St. Stephen, which is in the middle of the same castle. As for the castle of Aspalathos, which is interpreted as "small palace," the Emperor Diocletian built it; he had it as his own house, and having built a courtyard within, and palaces, most of which have been destroyed. A few remain to this day, among which is the bishop's residence of the castle ^B and the church of St. Domnius, in which the same holy Domnius lies, which used to be the bedchamber of the same Emperor Diocletian. Beneath it there are vaulted arches, which used to be prisons, in which he mercilessly imprisoned the saints who were being tortured by him. St. Anastasius is also laid to rest in the same castle. The wall of such a castle ^C is built neither of bricks nor of rough stone, but of square stones having a length of one fathom.

NOTES OF ANSELM BANDURI

(27) That this house of St. Stephen was built by King Polymirus, and that the relics of the martyrs Nereus, Achilleus, and Pancratius, as well as of the virgins Petronella and Domitilla, which were brought from Rome by the same king, were deposited there, is written by Ludovicus Tubero, book V of his *Commentarii de temporibus suis*; whose words I shall gladly transcribe here: "Almost in the middle of the town, whose district the inhabitants now call Pusterna, Polymirus raises a temple to the holy protomartyr Stephen, and deposits therein the relics of the martyrs Nereus, Achilleus, and Pancratius, and of the virgins Petronella and Domitilla, enclosed in silver, and brought with him from Rome: he entrusted the care of the temple to certain of his protégés, from a family named Crux, which, through the sloth of their descendants, is now almost extinct." This temple of St. Stephen, together with all other temples and buildings of the city of Ragusa, was destroyed in that horrific earthquake which occurred in the year of Christ 1667.

(28) It was Diocletian's palace; it began to be inhabited by the citizens of Salona after Salona was destroyed by the Slavs or Goths, as Thomas the Archdeacon of Spalato writes in his *Historia Salonitana*, chapter 10. See also the history of Mica Madius published by Lucius, chapter 15.

(29) *Episcopeion* here does not signify an episcopal house, as Ducange thought in his *Glossarium Graecum*, where he praises this passage of Porphyrogenitus; but a bishop's house, which was formerly the domicile of Severus, a citizen of Salona, who, because he possessed greater authority than the rest, was called Magnus Severus, ^D as Thomas the Archdeacon writes in *Historia Salonitana*, chapter 10. And the same writer, in chapter 11, has this to say about the bishopric: "Then the aforementioned Severus donated his domicile, which he had obtained in Spalato when they returned from the islands, to the Church along with the corner tower and the palace, deciding that the bishopric be established there." And there the venerable prelate Joannes first began to live. Concerning the holy episcopal house, the same archdeacon adds: "Seeing therefore that the people were growing in their love of divine worship, he immediately began to undertake a praiseworthy work, and cleansed the temple of Jove—which had been erected with very high structures in that very Augustan building—of the idols' phantasms, installing doors and locks in it. Then, for the solemnity of the dedication, a great multitude of people gathered from all sides. He therefore made a church out of that temple, consecrating it with great devotion, and the jubilation of all who had gathered, to the honor of God and the glorious Virgin Mary; and he established there a clergy who would perform the rites of divine worship every day."

(30) The body of the holy martyr Anastasius, of whom our writer speaks a little below, was translated from Salona to Spalato and deposited in the church sacred to the Mother of God, which had previously been the temple of Jove, as the praised archdeacon reports in chapter 12 of *Historia Salonitana*: "At the same time, the reverend bishop began to urge the citizens that the body of blessed Domnius the pontiff, which had remained at Salona, should be raised and translated into the church which had recently been dedicated; and it pleased everyone greatly. Therefore, after having examined the turn of times when they could conveniently attempt this, they went to Salona, and entering the basilica of the bishopric, they found everything confused and dissipated: for that place was filled with ruined roofs, and the ashes of the fires heaped together had already produced briars and brushwood; so that although some still survived who knew the place, yet, because the tomb itself had been hidden by subterranean vaults, it could not be easily discerned whence the body of blessed Domnius might be removed. Digging up the earth and laying bare the place, they raised the chest which first appeared, and fearing lest they might be hindered by the Slavs, they carried it with great speed to Spalato, which, when they opened it, they did not find to be the body of blessed Domnius, but the body of blessed Anastasius the martyr. Immediately, therefore, on the following day, returning to Salona, they dug up the sarcophagus of blessed Domnius from that same place, and with the greatest haste carrying him to Spalato, with excessive devotion they placed the precious relics of both martyrs in the aforementioned church of the Mother of God, where, by the grace of God, they rest to this day."

(31) *Eilēmatikos*, "Rotundus," "Volubilis," "Cameratus." See Ducange, *Glossarium Graecum*. Our writer uses this word later on in several places with the same meaning.

(32) Concerning these walls, Lucius says in chapter 10 of *De Regno Dalmatiae et Croatiae*: "The greater part of them remains intact, testifying to Roman magnificence; and from them it is known how easily the remnants of the Salonitans could defend themselves against the Slavs." Indeed, Jacobus Sponius exhibited a description of the city of Spalato in his *Itinerarium*.

(35) Native stones are those excavated from the mines of the soil itself, not foreign, as some have thought, or brick. See Ducange in his *Glossarium*.

liberties and legacies according to the force of such a testament shall be ratified. The posthumous child, however, shall enter upon the inheritance with the others and shall be a co-heir. 9. If someone having a legitimate child, performs some act to the terror of his parents, and in their old age leaves them destitute of care; but some other person whatsoever runs to them and serves them, and because they have been benefited by him, they wish to leave him as heir of their own substance, their will shall be valid and firm. 10. Every heir, whether by written or unwritten disposition, who interposes a delay up to the space of a year and does not fulfill the will, if he is a son or grandson of the deceased, receives only the legitimate portion owed to him. If the legitimate portion extends to four children, they take a fourth part of the estate: from five and upward, they receive a half. 11. If there is some other relative, he shall fall away entirely from the testator's property, and these shall accrue to the co-heirs left to him, or to the legatees, or to other relatives. 12. If the heir is a third party who does not fulfill the terms of such a disposition, he shall be removed from the entire possession. 13. If someone, having been struck in war, or while walking on a journey, approaches death, and wishes to dispose of his affairs, but in either case no legal expert or any other person is found who knows letters, he shall make his will through seven, or five, or three witnesses; and even before two, if they are found, whose credibility, of course, has been approved by the judges.

TITLE XVII. Concerning acquired property, about which one may make a testament or is likewise prohibited.

1. Military acquired goods are those which soldiers, being under the power of a father and grandfather, acquire from their own military property, about which they are able to make a testament, and when they are living in their posts, provided the aforementioned observation concerning perfect testaments is followed. But if such acquired property is spent by the will of these soldiers, his heirs are unable to demand a legitimate portion from it; but it is in their power to donate it to this person or that, or by their will to leave the acquired property in its entirety. Furthermore, after the death of his parents, these do not come into collation as paternal goods, nor are they divided; but they are acknowledged as pertaining exclusively to the person of the soldier himself alone. 2. If brothers are left at the death of their parents, and one of them serves as a soldier, while the other remains at home; if they make covenants with one another, those things which have been agreed upon between them shall be held valid. 3. If they do this without arrangement, and they live together until the tenth year after one of them has committed himself to military service, all the things that have been acquired by them, whether

through inheritance or through the fruit of their labor, remain in common. ^A And the holy martyr Chrysogonus [is there], and his holy chain. The church of Saint Anastasia is basilican, similar to the church of the Chalcoprateia, ^B with green and white columns, wholly decorated with ancient 44 wood-painting; 45 its floor is made of marvelous inlaid work. There is also another church near it, circular in shape, [dedicated to] the Holy Trinity; and above that church is another church, in the manner of a catechumens' gallery, which is also circular, to which one ascends by a spiral staircase. There are islands under the dominion of Dalmatia as far as Beneventum 46 that are numerous and very many, so that ships there never fear a storm. Among these islands is the fortress of Becla 47, and on another island is Arbe 48, and on another island is Opsara 49, and on another island is Lumbricatum 50; all these are inhabited, ^C and there are small islands belonging to Dalmatia extending as far as Beneventum, numerous and very many, so that vessels there never fear a tempest. Of these, one is the city of Becla, another is Arbe, another is Opsara, another again is Lumbricatum; all of these are inhabited even to this day; the others, however, are devoid of inhabitants and contain deserted cities, the names of which are: Catautrebeno, Pizuch, Selbo, Scerda, Aloep, Scirdacissa, Pyrotima, Meleta, Estiunez, and many others whose names are unknown. The remaining cities, however, which are in the mainland of the theme and were captured by the aforementioned Slavs, are deserted and have no inhabitants.

NOTES OF ANSELM BANDURI

(43) Concerning the sacred [shrine] of the Mother of God, which was in the Chalcoprateia, we have spoken at length above in Book II, Comment. no. 76 (α). (44) Thus it is from the manuscript codex. It is read incorrectly in the editions, *ex heliographia antiqua*; where Meursius says it should be read *ex steliographia*, that is, ancient sculpture; and Salmasius, on Pliny page 1219, says *xylographia*. But both are mistaken, since it must be read, as it is in the Royal manuscript codex, *ex hylographia antiqua*. For more recent writers have called wood-painting (*hylographia*) instead of wax-painting (*cerographia*), so as to distinguish this from the mosaic work; for they establish a twofold painting: one *by means of molten wax substance* (that is, with wax and colors applied to any material), and the other *by means of tesserae*, or mosaic work. Theodosius, Bishop of Amorion, in the seventh synod, act 4, says: "The holy and venerable icons and paintings, and wood-paintings (*hylographiae*) and mosaic works, etc." Theophanes, in the 27th year of Copronymus: "In the same year, Nicetas, the false patriarch, scraped away the icons in the patriarchate of the small Secretariat, which were made of mosaic, and that of the great Secretariat, which was of wood-painting (*hylographia*)." Where also S. Nicephorus in the aforementioned place has *ex cerochyti hylae*. See what Ducange has in *Glossarium Graecum*, under the word Κηρόχυτος γραφή, where he discusses at length about the painting that is made with wax melted by fire, with a brush. ^D (45) *Sygkope* signifies opus tessellatum (inlaid work). Continuator of Theophanes, Book III, no. 7: "And from inlaid work and various colors, the entire floor." (46) Although Beneventum is near the Adriatic sea; yet it is distant from it by about a three days' journey, and 42 miles from Naples. (47) Which Porphyrogenitus calls Becla, Ptolemy calls Ouegla; but Pliny calls it Vegium; today it is called Viglia. In Italian, Veglia; in Slavonic, Kirk. (48) Arbe; in Slavonic, Rab. (49) It is called Absarus today. This island and the city of the same name were once called Absorus and Absyrtium. In Italian, it is called Osero. (50) Nowadays it is called Vergada, and it is said to be Slavonic.

(α) Where these things are read: There are various opinions among writers concerning the founder of this church. And indeed Theophanes seems to contradict himself, when on page 88 he attributes it to Theodosius the Younger: "Then he also erected the church of the Chalcoprateia to the Theotokos, which had previously been a synagogue of the Jews." Thus also Cedrenus transcribed from him; with whom Glycas and Joel agree. But the same Theophanes, page 209, at the 12th year of Justin the Younger, says in that same year Justin, having taken the synagogue from the Jews, built the church of the most holy Mother of God, near the Great Church: "In this year Emperor Justin, having torn away from them the synagogue of the Hebrews which was in the Chalcoprateia, made it into a church of our Lady, the most holy Theotokos, situated near the Great Church." In this year the synagogue that was in the Chalcoprateia was taken from the Jews, and Emperor Justin made it into a church of our Lady, the most holy Mother of God, near the Great Church. Although, I say, in the aforementioned place the same Theophanes had attributed this same church of the Mother of God in the Chalcoprateia to Theodosius the Younger. But that Anastasius the Librarian in *Hist. Eccl.* and Paulus Diaconus in Book XVI of *Hist. Misc.* recognize Justin as the founder of this church, I think they borrowed this from the aforementioned passage of Theophanes; but I judge that it was not built by Justin, but was rebuilt when it had collapsed from an earthquake, as our anonymous author and Codinus have it. The author of the *Chronicon Alexandrinum* disagrees with Theophanes and the others, who attributes it to Marcian and Pulcheria. Theodorus Lector, and Nicephorus Callistus following him in Book XIV, cap. 2 (or 49), recognizes only Pulcheria as the foundress. Finally, Justinian in *Novel* 5, cap. 1, writes that it was built by Verina, wife of Leo the Great. But Ducange reconciles these things thus: namely, that it was begun by Theodosius, completed by Pulcheria, and subsequently restored from the foundations by Verina and Justin. The same church of the Mother of God of the Chalcoprateia was also restored by Basil the Macedonian, as Constantine Porphyrogenitus is the author in the Life of Basil, cap. 62, where he deals *concerning the Holy Shroud*. That a street or square called Chalcopratia once existed in Constantinople, belonging to the coppersmiths' workshops, is attested by both Codinus and Leunclavius in *Pand. Turc.* cap. 248, who says: "There is still in the city a street of those fashioning vessels of any kind from copper; which street," he adds, "is named in the more recent histories of the Greeks, such as Cedrenus and others, *Chalcopratia*, famously, from the selling of vessels made of copper." But Cujacius thinks otherwise, in *Codex de Collegiatis Chartoprat.* Book II, where he contends that this place is wrongly called *Chalcopratia* by writers, when they should have said *Chartopratia*, where, namely, there were shops where paper was sold. But Leunclavius himself, in the aforementioned place, reports that both *Chalcopratia* and *Chartopratia* existed in Constantinople in his time, where he discusses the *Chalcopratia*, and then adds these things about the *Chartopratia*: "At one side of this area begin the shops of those who sell Persian works of excellent quality, and Turkish painted [papers], Greek, and others of snow-white and smoothed paper: and therefore these are called *Chartopratia*." Whence I do not doubt that even in Constantinople, before it was captured by the Turks, there were both *Chalcopratia* and *Chartopratia*, the places so named from the coppersmiths' workshops and also from the paper shops.

in opposition to their mighty onset by the invincible and unconquerable man-at-arms, general, commander, trophy-bearer, and triumphant first-called apostle Andrew, they were confounded and shaken; terror seized them, and they fled for refuge into his all-holy temple. When the strategos, ^A after the victory, arrived on the third day and learned of the triumph of the apostle, he reported to Emperor Nikephoros the incursion of the Slavs, the plundering, the captivity, the devastation, the pillage, and all the other terrible things they had done while raiding the regions of Achaea. He also reported the long-lasting siege, the constant assault against the inhabitants of the fortress, as well as the visitation, alliance, trophy, and total victory achieved by the apostle, and how he was seen with his own eyes pursuing the enemies from behind, routing them, so that even the barbarians themselves perceived the apostle’s visitation and alliance with us, and for this reason fled for refuge into his venerable temple. Upon learning these things, the emperor gave an order as follows: "Since both the trophy and the total victory were achieved through the apostle, it is fitting that the entire expedition of the enemies, along with the booty and spoils, be surrendered to him." And he decreed that the enemies themselves, together with their entire family, kin, and all their dependents, and even all their property, should be set apart as belonging to the temple of the apostle in the metropolis of Patras, in which the first-called disciple of Christ fulfilled the struggle of his contest, having also provided a sigillion ^B regarding them in the same metropolis. These things the elders and more ancient men announced, handing them down unwritten by time and life-experience to those who came after, so that, according to the prophet, the generation to come might know the miracle that took place through the intercessions of the apostle, and they shall arise and declare it to their sons, ^C that they may not forget the benefits which God performed through the intercessions of the apostle. From that time on, the Slavs set apart in the metropolis support the strategoi, the imperial officials, and all the ambassadors sent from the nations as hostages, having their own servers, cooks, and all those who prepare the dishes for the table, with the metropolis itself changing nothing in these matters, but the Slavs themselves gather such necessities from the distribution and pooling of their group. Leon, the ever-memorable and most famous emperor, also issued a sigillion, detailing what these very people registered to the metropolitan are obliged to provide, and that he may not extract money from them, nor injure them in any other way through an unjust device.

CHAPTER L. On the Slavs of the theme of the Peloponnese, the Milings and the Ezerites, and on the tributes paid by them. Likewise also on the inhabitants of the fortress of Maina, and of the tributes paid by them.

^A of the Avars; for the Avars were accustomed to make their encampments on the other side of the Danube river, where the Turks now are, leading a nomadic life (61). But the men of Dalmatia, seeing them year by year across the river with their cattle and people, decided at one time to cross over and learn who those were who had their residence there. Having crossed over, they found only the women and children of the Avars, as the men and those in the prime of life were on an expedition. Falling upon them, they took them captive and returned without any trouble, taking such plunder to Salona. So when the Avars returned from their expedition and learned what had happened to them, they were dismayed, but they did not know from where such a blow had come upon them; they decided, therefore, for themselves to watch for the right time, and to learn everything from it. When, therefore, the garrison troops were sent again as usual from Salona, and they were others, not the same ones, these men also formed the same plan against them. They crossed over against them; but, meeting them gathered together and not scattered as before, they not only achieved nothing (62), but suffered the most terrible things of all. For some of them were slaughtered, and the rest were taken alive, and not one of them escaped their hands. After they examined them as to who they were and where they were from, and learned that it was from them that they had suffered the aforementioned blow; and furthermore questioning them about the nature of their territory, and as if kindled by love from what they heard, they kept the living ones in chains, took their garments, ^B and having mounted their horses, and taking the banners and the other signs which they carried with them, they all set out like an army, and rushed towards Salona. When they had learned, after inquiry, the time during which the garrison troops were accustomed to return from the Danube (and it was the Great and Holy Sabbath), they came also on that very same day. And the whole multitude, when they drew near to the encampment, hid itself; but one thousand, who had taken the horses and garments of the Dalmatians, pushed on in order to deceive. The townspeople, having recognized their own banners and clothing, and furthermore the day on which it was customary for them to return, opened the gates (63) and received them with joy. But they, as soon as they had entered, seized the gates, and having made their action clear to the army by a signal, caused them to run and enter along with them. They slaughtered all the citizens, and from that time they took possession of the entire region of ^C Dalmatia, and made their home in it. They did not, however, conquer the small towns by the sea, but those were held by the Romans, because they lived off the sea. Seeing, therefore, that this land was most beautiful, the Avars placed their seats there. The Croats, however, were then living beyond Bagibarea, where the Belochroats are now. But one clan, namely the five brothers Clucas, Lobelus, Cosentzes, Muchlo, and Chrobatus, and two sisters, Tuga and Buga, separating from them, came to Dalmatia, where they found the Avars as inhabitants, and having waged war against them for some years, the Croats won; some of the Avars they killed, and others they forced to obey them, and from that time this region was possessed by the Croats, and they are even now in Chro- ^D [alt-version omitted] ANSELM BANDURI’S NOTES. (61) Today the Huns or Hungarians. But concerning the Turks, see Porphyrogenitus below. (62) As in the manuscripts; printed editions have, "and not only did they achieve nothing," etc. (63) Πόρτα (Gate) is purely Latin, and occurs frequently among more recent Greek writers.

^A Migne’s Latin text: The remnants of the Avars are known to be Avars. The other Croats, however, remained towards Francia, and they are called today Belochrobati, that is, White Croats, who are subject to their own prince. They are obedient to Otto the Great, king of the Franks, that is, of Saxony; and being unbaptized, they contract matrimonial affinities and friendships with the Turks. But from the Croats who came into Dalmatia, a certain part seceded and occupied Illyricum and Pannonia: and they too had a supreme prince, who would send an embassy for the sake of friendship only to the prince of Croatia. But for some years, the Croats inhabiting Dalmatia were subject to the Franks, just as they were previously while they lived in their own land. The Franks, however, used such cruelty towards them that they would kill their infants still at the breast and throw them to the dogs. Since this matter was intolerable to the Croats, a dissension arose, and they slew the princes whom they had from among them, whence a great army moved against them from Francia, and after a seven years' war, the Croats at length with difficulty emerged victorious, and destroyed all the Franks and their prince, Cotzilis. And from then on, having become free and masters of themselves, they sought holy baptism from the Roman pontiff, and bishops were sent who baptized them, while Porinos held the principate. Their region was divided into 11 Zupanias, whose names are Chlebiana, Tzentzena, Emnota, Pleba, Pes-senta, Parathalassia, Brebera, Nona, Tzena, Sidraga, Nina; and their Ban holds Cribasum, Litzam, and Gutaecam. And indeed, the aforementioned Croatia, with the remaining Sclavinias, is situated thus: Dioclea is near the towns of Dyrrachium, Elissus, Helycynio, and Antibarum, and extends as far as Decatera; the mountains, however, are bordering on Serbia. From the Decaterians, the principality of Terbunia begins, and it extends as far as Rausium, and towards the mountains of ^B Serbia it lies adjacent. From Rausium the principality of the Zachlumians begins.

Greek text: Seeing therefore that this land was most beautiful, the Avars settled in it. The Croats, however, were dwelling at that time beyond Bagibareia [(64)], where the Belochrobati are now. And one lineage having separated from them—there were five brothers, Kloukas, and Lobelos, and Kosentzes, and Mouchlo, and Chrobatos—and two sisters, Touga and Bouga, they came with their people into Dalmatia, and found the Avars holding this land. So for some years, warring with one another, the Croats prevailed, and they slaughtered some of the Avars and forced the rest to submit. From that time on, this region was occupied by the Croats; and there are still in Croatia some of the Avars [(65)], and they are known to be Avars. But the rest of the Croats remained towards Francia and are called now Belochrobati [(66)], that is, White Croats, having their own prince; and they are subject to Otto the Great, the king of Francia and of Saxony [(67)], and they remain unbaptized, and have intermarriages and friendships with the Turks. From the Croats who came into Dalmatia, some part separated and took possession of Illyricum and Pannonia [(68)]; they also had a prince of their own, independent, and sending only for friendship to the prince of Croatia. But until certain times, the Croats who were in Dalmatia were also subject to the Franks, just as they were earlier in their own land; and the Franks acted so harshly towards them that they would slay the infants of the Croats and throw them to the dogs. Not being able to endure this from the Franks, the Croats rose up against them, having killed those of them who were their princes; whence they waged war against them from Francia with a great force, and having warred with each other for seven years, the Croats at long last with difficulty prevailed and destroyed all the Franks [(69)].

NOTES OF ANSELM BANDURI

[(64)] Bagibareia, or Bagibareia is a Slavic word, distorted in Greek; that is, *Babeiaoreia*, that is, *Babii montes*, in Slavic *Babie Gore*, namely the Old or Old Women’s mountains, by which name the Carpathian mountains separating Poland from Hungary are called by some. From these it appears that the Croats came from Sarmatia, now called Poland, or Bohemia. But Porphyrogenitus deals more fully with the Croats and the land they dwelt in at that time in the following chapter; ^D where see what we note. [(65)] Corrupt text, unless it should be read "the nation of the Avars." [(66)] Taken from Germania, as we shall note in the following chapter. Belochrobatos, however, is aptly deduced from Albos Chrobatos from *Beli Hruati*, since *Beli* or *Bili*, or as our people say, *Bieli*, signifies "white" in Slavic. [(67)] Thus it is held in the manuscripts; that is to be read, "king of Francia and Saxony," namely the king of France and Saxony. [(68)] To be corrected. It is read wrongly in the editions, *καὶ τὴν Παπωνίαν*. But Porphyrogenitus, says Lucius, separates Illyricum from Pannonia, when above, by extending Dalmatia as far as the Danube, he included the Pannonias in Dalmatia, as was said. Therefore, Illyricum here is to be taken for Dalmatia, but Pannonia for Pannonia Savia, since the Avars possessed the remaining Pannonias then and in later times, as will be clear; and then the Croats, receding from Dalmatia, occupied that part of Pannonia which was once called Savia or Interamnia, situated between the rivers Sava and Drava, and it must be thought that they gave the name to the region from the general name of the Slavs, the particular name Slavonia, which they still serve today, and use a common language. [(69)] Porphyrogenitus, says Lucius, left writings about the Croats casting off the yoke of the Franks and receiving baptism in the time of the same Heraclius the Elder; but when historians of the Franks make no mention of the Croats, but only write certain things about the Slavs, the events of the time of Heraclius are to be referred to this. For the writer of the deeds of Dagobert, king of the Franks, records that in the 7th year of his reign he subjugated the Avars and Slavs to his rule; but just as it is agreed that the Avars inhabited the Pannonias then, so it is clear that the Slavs were borders to the Franks in Germany from the north, and in Illyricum from the east. Concerning which Slavs these things should be understood, whether about the northern or the eastern ones, it is undiscovered. Similarly, those things which...

^A and their archon, who was called Kotzel. But ^A after they had remained self-governing and independent, they requested the holy baptism from Rome; and bishops were sent, and they baptized them, in the time of Porinos, their archon. Their land was therefore divided into eleven Zupanias, namely: Hlebiana, Tzentzena, Emota, Pleba, Pesenta, Parathalassia, Brebera, Nona, Tnyna, Sidraga, and Nina; and the Boanos of these holds Kribasa, Litza, and Goutzka. And the aforementioned Croatia ^B has, and it extends as far as the river Orontios; and the maritime coast is held by the Pagani, while the mountainous regions to the north are held by the Chrobati, and the region in front is conterminous with Serbia. From the river Orontios, Pagania begins and extends as far as the river Zentina, and it has three Zupanias: Rastotza, Mocrum, and Dalen; and indeed two of these Zupanias, Rastotza and Mocrum, are situated by the sea and have fishing nets; but the Zupania of Dalen is situated far from the sea, and its inhabitants live by agriculture. The Pagani also have in the vicinity four islands, namely Meleta, Curcura, Bartzum, and Pharum, all of them most beautiful.

THE NOTES OF ANSELM BANDURI

(70) It is read incorrectly in the published editions as “and he was baptizing them.”

(71) Zupania is derived from the Slavonic Zupa, which signifies a people or some inhabited territory. Hence comes Zupan, or Jupan, a dignity among the Serbs, the Hungarians, and the Slavonic race generally: a governor of a province, or of some territory, or city. Our writer in chapter 29 says: “These nations, as they say, have no archons, except for elder Zupans, just as the other Slavinias have.” Princes, indeed, as they say, these nations do not have, besides the elder Zupans, just as the remaining peoples of the Slavs. The pact of Boemund with Emperor Alexius in Anna Comnena, Book 1, is subscribed by Zupanos o Peras, another of the legates of the King of Hungary. The title also of Great Zupan is mentioned in the Salutatory Epistles of the Pontiff, and that of Archzupan in Nicetas in *Manuel Comnenus*, Book II, num. 7, and in John Cinnamus, Book I, num. 7. The Great Zupan is also called “Grand Zupan” in the Epistles of Pope Innocent III, Book I and II, and in the Acts of the same. So, consequently, the prince of Serbia is called. See Du Cange’s *Glossarium mediae Latinitatis* and his *Graecitas*, as well as his Notes to the *Alexiad*, p. 347.

(72) Chlebiana is today called Hliuno. (73) Tzentzena is today called Cetina. (74) Emota is now called Imota. (75) Pleba is today Plieva in Bosnia. (76) Afterwards in the diocese of Tininum, says Lucius. (77) Maritime; or Primorye. (78) Brebera is today commonly Bribir. (79) Nona is today Nin. (80) In Latin, Tininium; in Slavonic, Knin. (81) Afterwards in the diocese of Scradona. (82) If Nina is the same as Nona, and is divided into two Zupanias, says Lucius in *De regno Dalmatiae et Croatiae*. (83) Latin: Ban, which is the same as Duke; Slavonic: Ban. (84) Cribasa is called in Slavonic Krbava. (85) Litza is Slavonic Lika. (86) In the manuscript it is read Goutzka. Afterwards in the diocese of Signien. Furthermore, among the Zupanias mentioned, says Lucius, those that are maritime are for the most part enumerated; and therefore either the dukes, or Bans, as named by Porphyrogenitus, possessed only maritime Croatia, or he himself, being little versed in western affairs, omitted many things.

^A But the other Sclaveni are situated as follows: Dioclea 87 is near the castles of Dyrrhachium, namely, near Elisson, and near Elcynium, and Antibaris, and it comes as far as the Decatera; and toward the mountains it approaches Servia. From the castle of the Decatera begins the principality of Terbounia, and it extends as far as Rausium, and toward its mountains it approaches Servia. From Rausium begins the principality of the Zachlumi and extends to the river Orontius; and toward the sea it is near the Pagani; but toward the mountains, to the north, it is near the Chrobati, and at the head it is near Servia. From the river Orontius begins Pagania and extends as far as the river Zentina, having three Zupanies, Rastotza 88, and Mokron 89, and Dalen 90. And these two Zupanies, that is to say, Rastotza and the one of Mokron, lie by the sea, which also have sagenae 91; but that of Dalen is far from the sea, and they live from the labor of the land. And there are four islands near them, Meleta 92, Kourkoura 93, Bratzis 94, and Pharos 95, most beautiful and fertile, having abandoned castles ^B and many marshes; and they dwell in them and have their cattle, and live from them. From the river Zentina begins the country of Chrobatia 96, and it extends toward the seacoast as far as the borders of Istria, namely, of the castle of Albunum; and toward the mountains it reaches as far as a certain place in the theme of Istria; and it approaches toward the Zentina and the Chlebena to the country of Servia. For the country of Servia is at the head of all the other lands, and to the north it is near Chrobatia, and to the south to Bulgaria. From the time the aforementioned Sclavi settled there, they took possession of all the surrounding country of Dalmatia; and they used to work the Roman castles and the islands, and lived from them; but being captured and destroyed by the Pagani every day, they left such islands wishing ^C to work the mainland. Yet they were hindered by the Chrobati; for they did not yet pay them tributes, but everything which they now pay the Sclavi, they provided to the strategos. Being unable to sustain life, they approached the memorable Emperor Basil, and explained all the aforementioned things. That memorable Emperor Basil, therefore, prompted...

ANSELM BANDURI'S NOTES

all gifts for the strategos are to be given by the Sclavenes themselves, and they are to live peacefully with them, and a small amount is to be given to the strategos, so that it may be evidence of their submission and servitude to the Emperor of the Romans and to their own strategos. From that time on, all such fortresses became subject to the Sclavenes, and they pay for them all: the fortress of Aspalathos 200 nomismata; the fortress of Tetrangourin 100 nomismata; the fortress of Diadora 100 nomismata; the fortress of Ovara 100 nomismata; the fortress of Arde 100 nomismata; the fortress of Vekla 100 nomismata; thus in total 700, apart from wine and other various goods. Further, they pay more than the said nomismata. The fortress of Ragusa lies between these two lands, and while the Zachloumians and the Terbounians own their vineyards in both lands, they pay 36 nomismata to the ruler of the Zachloumians, and 36 nomismata to the ruler of Terbounia.

CHAPTER XXXI. Of the Chrobati and the land which they now inhabit.

^AThat the Chrobati who now inhabit the parts of Dalmatia are descended from the unbaptized Chrobati, also called "White," who live beyond Tourkia, near Francia, and are neighbors of the unbaptized Serboi. The name "Chrobati" in the Sclavene dialect means, that is to say, "those who possess much land." These same Chrobati sought refuge with Heraclius, the Emperor of the Romans, before the ^{B C D}

Serbs sought refuge with the same Emperor Heraclius, at the time when the Avars, having made war, drove the Romans out from those parts. The Emperor Diocletian had brought them from Rome and settled them there, and for this reason they were called Romans, because they had become settlers from Rome in those regions, that is to say, in what is now called Chrobatia and Serbia. But after these same Romans were driven out by the Avars in the days of the same Emperor of the Romans, Heraclius, their lands lay desolate. Therefore, by the command of the Emperor Heraclius, the same Chrobati ^A fell upon the Avars and drove them out from those places, and by the order of the Emperor Heraclius they settled in that same land of the Avars in which they dwell today. At that time, the Chrobati had as their prince the father of Porga. The Emperor Heraclius sent for priests from Rome, and from them he appointed an archbishop, a bishop, presbyters, and deacons, and baptized the Chrobati; and at that time, the Chrobati had as their prince Porga. The region which the Chrobati inhabited was from the beginning under the authority of the Emperor of the Romans; whence even to this day the palaces and hippodromes of the Emperor Diocletian survive in the region of the Chrobati, in the city of Salona, which is close to the city of Aspalathos. ^B These baptized Chrobati are not willing to wage war against others outside the boundaries of their own land; for they received a certain oracle and decree from the Pope of Rome who, in the time of the Emperor Heraclius, sent priests and baptized them. Indeed, after they received baptism, the Chrobati made covenants and, having given their own hand-written pledges to Saint Peter the Apostle, they swore firm and secure oaths that they would never invade a foreign land with arms, but would rather live at peace with all who wished it. They received in return from the same Pope of Rome a prayer, that if any other pagan nations should invade the land of the Chrobati and bring war against them, the God of the Chrobati would fight for them and protect them, and Peter, the disciple of Christ, would obtain ^C victory for them. After many years had passed, in the days of Prince Terpemer, who was the father of Prince Crasemer, a certain man named Martin, exceeding pious but of secular habit, came from Francia, which lies between Chrobatia and Venice; whom these same Chrobati say performed many miracles. This pious man, being very infirm and mutilated in his feet, so that he was carried everywhere he wished by four bearers, also affirmed there that the command of the most holy pontiff was to be observed by the Chrobati until the end of their lives, and he likewise invoked upon them the same things that the pontiff had previously invoked. Wherefore, neither the nets of the Chrobati themselves, ^D nor their ships, [were ever...]

sent forth for war against anyone, unless someone should first attack them. But by means of such ships, those of the Chrobati who desire to conduct trade go forth, traveling from fortress to fortress, through Pagania and the Gulf of Dalmatia, and as far as Venice.

That the Prince of Chrobatia from the beginning, that is to say from the reign of the Emperor Heraclius, is servilely subject to the Emperor of the Romans, and was never subjected to the Prince of Bulgaria. Nor has a Bulgarian ever marched to war against the Chrobati, except for Michael, the Prince of Bulgaria, [son of] Boris, who took up arms and waged war upon them; but having achieved nothing, he made peace, having entertained the Chrobati and been entertained by the Chrobati. Nor have these Chrobati ever paid tribute to the Bulgarians, but they have often honored one another with gifts for the sake of friendship. ^B The baptized cities of Chrobatia are these: Nona, Belogradum, Belitzin, Scordona, Chlebena, Stolpum, Tenen, Cori, Claboca. And it possesses sixty thousand horsemen, and one hundred thousand foot soldiers; and eighty [sagenae], and one hundred [condurae]. The [sagenae], indeed, hold forty men; but the [condurae] hold twenty—that is to say, the larger ones; for the smaller ones have only ten men. And such was the power and abundance of Chrobatia; these remained [in this state] until the principate of Crasemere; upon whose death, since his son Miroslav...

after the clan had been under his rule for four years, he was killed by the Ban of Pribunia; many dissensions and factions then arose, and the number of horsemen and foot soldiers was greatly diminished, as were the *sagenae* and *condurae*. And now it has thirty *sagenae*, both large and small *condurae*, as well as cavalry and infantry. ^A Croatia herself, which is also nicknamed "White," has remained to this day unbaptized, just as the neighboring Serbs have: their cavalry and infantry are not as numerous as those of baptized Croatia, for they are plagued by frequent incursions from the Franks, Turks, and Pechenegs; nor do they possess *sagenae*, *condurae*, or trading vessels, being remote from the sea, from which they are a journey of thirty days away. The sea, moreover, from which they are a journey of thirty days distant, is that which is called "Black."

^B The Croats have never paid tribute to the Bulgarians, although both sides have frequently offered one another gifts of hospitality for the sake of friendship. The baptized Croatia contains populated cities: Nona, Belgrade, Belitzin, Scordona, Chlebena, Stolpon, Tenen, Cori, and Claboca. Baptized Croatia puts into the field up to [sixty thousand] cavalry and up to [one hundred thousand] infantry, with up to eighty *sagenae* and up to one hundred *condurae*. The *sagenae* are manned by forty men each, and the *condurae* by twenty men each, while the smaller *condurae* are manned by ten men each. Croatia held this great military strength and multitude of people until the time of the Archon Krasimer; but after his death, when his son Miroslav had ruled for four years and was killed by Pribunia Boanus, ^C and after dissentions and many divisions occurred in the land, both the cavalry and the infantry, the *sagenae*, and the *condurae* of the Croatian power were diminished. At present, it possesses thirty *sagenae*, large and small *condurae*, and cavalry and infantry. Great Croatia, the one called "White," remains unbaptized to this day, just as do the Serbs who are near it. They put into the field a smaller force of cavalry and infantry than does baptized Croatia, since they are more frequently raided by the Franks, Turks, and Pechenegs. But they possess neither *sagenae*, nor *condurae*, nor trading vessels, as the sea is not near them; for the road from their lands to the sea is a journey of thirty days. The sea to which they descend in thirty days is that which is called "Dark."

CHAPTER XXXII

Concerning the Serbs and the land which they now inhabit.

It is to be known that the Serbs are descendants of the unbaptized Serbs, who are also called "White" and dwell beyond Turkish territory in a place... ^D [alt-version omitted]

^A called by them Boiki, where it is near to Frankish territory, and they are likewise near to Great Croatia, which is unbaptized, which is also called "White." There, therefore, from the beginning, the Serbs also dwelt. Two brothers, having succeeded to the rule of Serbia from their father, took half of the people and fled to the Roman emperor Heraclius ^B, whom the same emperor Heraclius received, and he granted them a place in the theme of Thessalonica to settle in, which from that time is named Serbia. But the Serbs are called "Serbs" in the Roman language; whence the common usage has given the term "serbula" to mean lowly footwear, and we call "Serbulians" those who are thus basely and poorly shod; ^C this name the Serbs received because they became "serbuli," that is, slaves of the Roman emperor. After a time, it seemed good to the same Serbs to go away to their own lands, and the emperor sent them off; but when they had crossed the Danube river, they felt remorse, and sent word to the emperor Heraclius by the strategos of Belgrade ^D at that time, to give them another land to settle in. And since the land which is now called Serbia, and Pagania, and the land of the Zachlumians, and Terbounia, and the region of the Kanalitai, which were under the jurisdiction of the Roman emperor, were desolate on account of the Avars, who now inhabit Dalmatia and Dyrrachium, the emperor gave them these same lands to inhabit.

ANSELM BANDURI'S NOTES.

(24) From those things written above, our author can easily know that the region which from the beginning the Serbs possessed, regarding Great Chrobatia, Turkey, and Francia, is not that which is near to France, ^C as some erroneously believe, but is the region which is now called Boika, which borders on the territories of the Franks, or the Germans. It was a region unbaptized, and is also called "White." There, therefore, at the beginning, the Servii dwelt. But the Principate of Serbia devolved from the father to the two brothers, who, having taken half of the population, fled to the Roman emperor Heraclius, and, having been received by him, he gave them a place to inhabit in the theme of Thessalonica, which from that time is named Servia. But the Serblian people are called "Servi" in the Roman language: whence in common parlance "serbula" are called shoes; and those we call "Serbulians," who are thus basely and in the manner of paupers, shod. The Servii, moreover, are named from this, because they were slaves to the Roman emperor. But some time afterward, they appeared to the emperor as if they might return to their own lands ^D and he sent them off; but when they had crossed the Danube river, struck by repentance, by the praetor who at that time was administering Belgrade, they asked the emperor Heraclius if he would assign them another land to inhabit. And since that which is now called Servia, and Pagania, and the land which is called the land of the Zachlumians, also Terbounia, and the region of the Kanalitai, which was under the jurisdiction of the Roman emperor, were desolate on account of the Avars, who now inhabit Dalmatia and Dyrrachium, he gave them these lands to inhabit. [alt-version omitted]

^A Such lands became desolate on account of the Avars (for from those places they drove away the Romans who now inhabit Dalmatia and Dyrrachium), and the emperor settled the aforementioned Serbs in these lands, and they were subject to the emperor of the Romans. The emperor brought priests from Rome, baptized them, and after teaching them to perform the rituals of piety properly, he instructed them in the faith. Since, however, Bulgaria was under the jurisdiction of the Romans, when the aforementioned prince of the Serbs, who had fled to the emperor, passed away, his son began to rule by succession; and again his grandson; and thus, from his lineage, the succeeding princes. After some time, Boisesthlabus was born from them, and from him Rodosthlabus, and from him Prosegoes, and from him Blastemerus; and until the time of this Blastemerus, the Bulgarians lived peacefully with the Serbs as neighbors and borderers, loving one another, having subordination and subjection to the emperors of the Romans, and being benefited by them. ^B But during the reign of this very Blastemerus, Presiam, the prince of Bulgaria, came with an army against the Serbs, wishing to subject them to himself; but after warring for three years, not only did he achieve nothing, but he even lost a great number of his own people. After the death of the prince Blastemerus, his three sons, Muntimer, Stroemer, and Goinicus, assumed the rule of Serbia, dividing the country among themselves. During their time, the prince of Bulgaria, Michael, ^C who is called Borises, arrived, wishing to avenge the defeat of his father Presiam; and having gone to war, the Serbs frightened him to such a degree that they even captured his son Blastemerus, along with twelve great boyars. Then, moved by the distress of his son and unwillingly, Borises made peace with the Serbs. But intending to return to Bulgaria, and fearing lest the Serbs might ambush him on the road, he requested from the prince Muntimer his children, Bobena and Stephen, for his safe passage; they safely escorted him unharmed as far as the borders, up to Rase. And in return for such a favor, Michael Borises gave them great gifts, and they in return gave him the favor of ^D two serfs (xenion-wise), two falcons, two dogs, and ninety pelts; which the Bulgarians say is a tribute.

^A Not long after, the three brothers, the archons of Serbia, rose up against each other. Muntimer, becoming the strongest among them, wishing to hold the rule alone, seized the others and handed them over in Bulgaria, keeping only the child of one brother, Goinikos, by name Peter, with himself, looking after him; he eventually fled and came to Croatia, about whom we shall speak shortly. The aforementioned brother who was in Bulgaria, Strojimir, had a son, Klonimir, to whom Boris of Bulgaria gave a Bulgarian wife. From him was born in Bulgaria Tzeesthlabus. ^B Muntimer, having driven out his two brothers and received the rule, begat three sons: Pribesthlabus, Branus, and Stephan. After his death, his first-born son, Pribesthlabus, succeeded him. Then, a year later, having come out from Croatia, the aforementioned Peter, the son of Goinikos, drove his cousin Pribesthlabus with his two brothers from the rule, and he himself succeeded to the lordship; they, having fled, entered Croatia. Three years later, Branus came to fight against Peter, but he was defeated and captured by him, and was blinded. ^C Two years after that, Clonomirus, the father of Tzeesthlabus, also fleeing from Bulgaria, himself set out and entered a fortress of Serbia, Dostinica, with an army, in order to seize the rule. Peter fought him and killed him, and reigned for another twenty years, having begun during the reign of the most blessed and holy emperor Leo, towards whom he had subjection and servitude. He was also at peace with Symeon, the archon of Bulgaria, to such a degree that he even made him a compater in baptism. After the time during which the lord Leo himself reigned, the one then commanding at Dyrrachium, the protospatharius ^D Leo Rhabduchus, who was afterwards honored as magister and logothete of the drome, came to Pagania, which was at that time held by the archon of Serbia, to consult and meet with the same archon Peter regarding some business and matter. Michael, the archon of the Zachlumians, becoming jealous of this, signaled to Symeon, the archon of the Bulgarians, that the Roman emperor was courting the archon Peter with gifts in order to bring up the Turks and attack Bulgaria; for it was at that time that there was a war between the Romans and the Bulgarians at Acheloum. Therefore, Symeon, being in a sense infuriated by this matter against the Serbian archon Peter, sent with an army Theodorus Sigritzes and Marmaen, together with Paul, the son of the archon Branus, whom Peter, the archon of Serbia, had blinded. Therefore, the Bulgarians attacked the archon of Serbia with guile, and since he had been a godson in the sacred font, and after an oath had been given that he would suffer no harm from them, they persuaded him to come out by fraud, and, having immediately cast him into chains, they led him away into Bulgaria, where he exchanged life for death in prison; in his place succeeded Paul, the son of Branus, who held the principate for three years. The lord emperor Romanus, however, having with him the [son of] Pribesthlabus...

^A the son of the prince of Serbia, sent him to become prince in Serbia. But having departed and engaged in battle, he was defeated by Paul, who, having captured him, delivered him over to the Bulgarians, and he was held in chains. Then, after three years, Paul having turned against the Bulgarians, the lord emperor Romanus sent Zacharias, whom he had previously dispatched, and he, chasing away Paul, kept the principate of the Serbs for himself. As soon as he was reminded of the benefits of the emperor of the Romans, he stood against the Bulgarians, not at all wishing to be subject to them, but rather to be ruled by the emperor of the Romans. Consequently, Symeon sent an army against him through Marmaem and the Sigritze Theodore, ^B whose heads and weapons, after the battle, he sent to the emperor of the Romans as trophies of victory; for there was still war between the Romans and the Bulgarians, and he never ceased, just as the princes before him were accustomed to send to the emperors of the Romans, submitting and serving them. Again, Symeon sent another army through Cueno, Hnemeco, and Etzboclia against Prince Zacharias, having sent Tzeesthlabus with them. Then Zacharias, becoming afraid, fled into Chrobatia; ^C but the Bulgarians, signaling to the Zupans to come to them and take Tzeesthlabus as their prince, deceived them with an oath and led them out as far as the first village, and immediately binding them, they entered into Serbia and carried off the entire population, from the smallest to the greatest, and brought them as far as Bulgaria; some, however, escaping, entered into Chrobatia, and the land remained desolate. About that time, the same Bulgarians entered into Chrobatia with an armed force of Alogobotur, and all were killed by the Chrobatians. And after ^D seven years, fleeing from the Bulgarians, Tzeesthlabus with four others came to Presthlabo in Serbia. He did not find in that region, however, anyone except fifty men, without wives or children, living by hunting; holding the region with them, he sought through envoys protection and aid from the emperor of the Romans, promising to show obedience to his commands, just as the princes before him exhibited to the Roman emperor. And from that time, the emperor of the Romans overwhelmed him with many benefits, so that the Serbians, who had been dispersed by Symeon in Chrobatia, Bulgaria, and other regions, having heard the news, gathered to him from all sides in crowds; indeed, many even came from Bulgaria fleeing to the city of Constantinople, whom the emperor of the Romans, having adorned with garments and other benefits, sent to Tzeesthlabus.

^A And having established himself by the rich gifts of the emperor of the Romans and having repopulated the country as it was before, he is subject in a servile manner to the emperor of the Romans; and by the assistance of the emperor and his many benefits, he has reorganized this country and has been confirmed as its ruler.

That the ruler of Serbia has from the beginning, that is, from the reign of the emperor Heraclius, been subject in a servile manner to the emperor of the Romans, and was never subjected to the ruler of Bulgaria.

That in baptized Serbia there are inhabited cities: ^B Destinikon, Tzernavouskeē, Megyretous, Dresneēk, Lesnēk, Salynēs; and in the region of Bosona, Katera and Desnēk.

NOTES OF ANSELM BANDURI

(40) Tzeesthlabus. He is the prince of Serbia who flourished about the year 1152. Because he lived in the age of Porphyrogenitus, namely around the year 950. However, the series of these princes in Diocleas is far different, and the names and the deeds are entirely different. I think this is because Diocleas confused the princes of mainland Dalmatia, maritime Dalmatia, and sometimes even Croatia. And therefore, Porphyrogenitus deserves much greater ^C credit in this matter than Diocleas, inasmuch as he lived long before him. Now, concerning these princes of Serbia, whom Porphyrogenitus mentions in the present book, it is fitting to present here a genealogical table before one’s eyes.

THE PRINCES OF SERBIA OF CONSTANTINE PORPHYROGENITUS

He who fled to the emperor Heraclius | .... post annos aliquot 1. Boiestlavus | 2. Radoslavus | 3. Prosegoes | 4. Blastemerus | ______________________|_____________________ | | | | 5. Goinic 5. Muntimer 5. Stoimer Bela Princeps Tribunis | | | | 7. Petrus (an. 20. 6. Borena Pribislau Stephanus Clonimer Crainam uxor. tempore Leonis | | | imp. et post) 8. Paulus 9. Zacarias 10. Tzeeslau Phalimērus | a Romano | | Lecapeno imp. Tzutzeiner adjutus

(41) Thus in the ms. codex. In the printed editions, it is written: “having settled.” (42) Thus in the ms. codex. In the printed editions, however, it is written: “subjected.” (43) The same Porphyrogenitus calls this very city a little above, Dostinika. (44) Thus in the ms. codex. In the printed editions, it is read: “Tzernavouskēn.” (45) Thus in the ms. codex. In the printed editions, it is read: “Dresnēim.” (46) The same Bosona Cinnamus calls it Bosna. Ducange displays the series of princes of this kingdom or province in his *Familiæ Dalmaticæ*. ^D

[The English translation below is a seamless continuation from the preceding page of the edition of Constantine Porphyrogenitus' work in the *Patrologia Graeca*.]

...to purchase persons or households, whether imperial or pious, from the community of the villages or from each individually. Albeit that for those matters occurring before the legislation from the past first indiction, some decisions were made, and then more strictly after the legislation was promulgated, yet even so the majority of the powerful did not abstain from trade with the poor that was most ruinous for them, such that the judges, compelled rather by necessity than by choice, were led from time to time to issue different decisions regarding these matters according to the exigencies of the situation. Hence, a general decree regarding such matters has been made with our imperial judgment, namely that without doubt or delay all those who are forbidden by the aforementioned legislation from purchasing must be expelled, having no claim even for the recovery of their expenditures, all those, that is, who from the day of our imperial proclamation have dared to intrude into villages or fields or the immovable property of the poor.

2. Regarding matters from the first indiction, that is, from the time of the famine until the day of our exaltation, a single and identical decree is to be enforced here without distinction, so that every gift, and inheritance, and all those confirmatory documents and transactions devised to circumvent this law between those forbidden are to be void and considered as if they never occurred, and those who have sold are not to fear any recovery or exaction of the payments made for these. Furthermore, exchanges are to be rescinded, with each party receiving back what was his own from the beginning, unless perhaps the poor man does not wish this, as he had previously shared in the property, and not only separated his own possession for the sake of tranquility, but also received the better part in return.

3. Regarding sales, these also are to be rescinded, with the sold property immediately being returned to the sellers, and also to the co-heirs and the fellow taxpayers according to the first legislation. Regarding the prices, one must consider the persons and the matters; and if the buyer were a powerful person, or one associated with a powerful person, whether civil or ecclesiastical—perhaps an official—and the seller is of the destitute, to the point of not even possessing fifty *nomismata*, the return of the price shall be excused. But if he possesses more than fifty *nomismata*, then he shall return the price without grievance after the deadline of three years, enjoying the same privileges as the community, even if he is a *scholaris* or serves in the secretariats. But if it was a community that sold, and it is in difficulty regarding repayment, it shall have a deadline of as many years as the judge, having made a calculation from the future fruits, estimates the price can be satisfied. But if in any way it is shown that the seller or the sellers suffered violence or deceit in the sale, or were wronged and oppressed by the buyer or his household before the sale, let nothing be returned...

^A ergo, and appointed him ruler, making him independent. From him Phalimeres was born, and from him, Tzutzemeres. The rulers of Terbunia were always under the command of the ruler of Serbia. Terbunia in the language of the Slavs is interpreted as "strong place," for such a land has many fortifications.

There is also another land under this land of Terbunia, called Canale. Canale is interpreted in the language of the Slavs as "wagon-land," because, since the place is level, they perform all their tasks by wagons. Know that in the district of Terbunia and of Canale, there are inhabited fortified towns: Terbunia, Ormos, Risena, Lucabete, and Zellebe.

CHAPTER XXXV

The land of Dioclea was also formerly occupied by the Romans, whom the Emperor Diocletian had moved there from Rome, as has been said in the history of the Chrobati; and it was subject to the Emperor of the Romans. But this land, too, was conquered and laid waste by the Avars, and in the time of the Emperor Heraclius it was inhabited again, just as Chrobatia, Serbia, the land of the Zachlumi, Terbunia, and Canale. The land is called Dioclea from the fortified city in that region which the Emperor Diocletian built; but now it is a deserted fortress, even to this day. ^C

region with inhabited cities: Gradela, Nugrade, and Lontodocla.

CAPUT XXXVI.

Concerning the Pagani, who are also called Arentani, and the region they now inhabit.

^A That region which the Pagani now inhabit was also formerly held by the Romans, whom the emperor Diocletian brought from Rome and settled in Dalmatia. And these same Pagani originate from the unbaptized Serbs, from that prince who fled to the emperor Heraclius. By the Avars, this region was also captured and laid waste, and again under the emperor Heraclius it began to be settled by inhabitants. They are called Pagani because they did not accept baptism at that time when all the Serbs were baptized. For the Pagani, in the Sclavonian tongue, ^B [alt-version omitted]

ANSELMI BANDURII NOTÆ. ...received the episcopal dignity from Benedict V, supreme pontiff, as Seraphinus Razzius, a Florentine of the Order of Saint Dominic, writes in his History of the Archbishops of Ragusa, which was written in the Italian idiom and is preserved in manuscript in the library of Saint Mark in Florence. It is pleasing to adduce here the words of that text, which we have rendered into Latin: "After the noble Dalmatian city of Epidaurus was laid waste by the Goths and razed almost to its foundations around the year 404 of our salvation, John, a citizen of Epidaurus and its archbishop, seeking to save himself in flight, headed for Tribunium; having transferred his see and the title of his Church there, he remained for a long time. But after Rascia was besieged and Bosona, along with its neighbors, was conquered by the tyranny of unbelievers and schismatics, that Church remained for a long time widowed of its pastor. But in the year 863, in the times of Pope Nicholas I, when the emperor of the Bulgars had come to the Catholic faith, by the consent of the pontiff, the archbishop of Tribunium was transferred to Doclea. Finally, around the year [blank], because of the destruction of Doclea by the Bulgars and Greeks, he was compelled to return to his first see, and the promontory of Mercana, situated no more than four miles from Epidaurus; nor did he inhabit it for long. For in those times, because the Adriatic sea was infested by Saracens, the islanders and maritime peoples were in great danger. Thinking, therefore, that he would not find a safe station there, he proceeded to Ragusa, a new city fortified by walls and a citadel, where he was treated most hospitably. By the authority of the supreme pontiff Benedict V, his title and see were carried thither; and the tithes and other revenues which belonged to the bishop were assigned to him by the Fathers, and by the same pontiff, suffragans were designated for him, namely: the Catholic, the Antiburensian, the Dulcigensian, the Corcyrensian, and others; although in modern times it holds only the Stagnensian ^D and Mercanensian sees. And I do not know by what turn of events it happens that, just as the last bishop of Epidaurus was named John, so the first bishop of Ragusa was likewise dubbed 'John'. And so John, the first archbishop of Ragusa, a Doclean by birth, ruled his Church most holily for nearly thirty years; and when he had ended his final day there, he was buried in the Church of Saint Stephen the Protomartyr. Nor do those stray far from the truth who make him the author of the 'Lives of the holy martyrs Andrew, Peter, and Laurence whose bodies are preserved at Ragusa,' since it is held as certain that John II, the thirteenth archbishop, a Venetian by birth, was in reality their author."

...and that they might thoroughly understand the matters of their religion. Those who were desirous of learning of the Word make their way to Rome, and there they investigate and inquire into everything, and very curiously inspect the beauty of the holy temples, and the order of the priests and pontiffs there. Furthermore, they visit their patriarch, whom they call the Pope, and by his words and doctrine, being instructed for their own benefit, they reverently—

^A For the Pagans are interpreted in the Slavonic dialect as "the unbaptized" (62); but in the Roman tongue they are called Arentani; whence they are called Romans by their own...

...region, and hie themselves back to the great king, and diligently relate all that they had seen and heard. And they asserted absolutely that these things were great and true, and that there was no need for any other investigation or search. "And if you wish, O most illustrious and most glorious sovereign and lord of ours," they said, "to accept their faith, reveal it to them, and let yourself be well instructed in their mysteries." When the nobles who were with him heard everything—or rather, those who had previously advised him—they again spoke to him: "It does not seem right to us all that this should happen, unless they themselves also thoroughly test and learn the things of Constantinople. Since some boast that this city is a great and superior one, it is therefore fitting that they should themselves investigate and re-examine the worship and ritual of this place, and so we shall choose the better of both." The sensible and famous king of theirs heard this, too, and accepted it, and approved of it well. Wherefore he again sends the aforementioned four men again to Constantinople, so that they might also observe and test everything there. And they arrive at that city after much toil, and approach him who was then guiding the Roman scepter—Basil the Macedonian, I say—and announce the reason for their arrival. He, having received them gladly and most gladly, immediately assigns to them some of his own illustrious nobles, so that they might show them everything in the city that is most beautiful, and that they might well clarify and answer all their queries. And the men, being taken along, and having been shown many things worthy of sight in the city, entered into the famous and great divine temple of the Wisdom of God. ^B For, as the story goes, a great feast was being celebrated there at that time, whether that of Chrysostom or the Dormition of the all-holy Mother of my Lord, I cannot say exactly, but in any case a wonderful and great feast was being celebrated. And those four men who were with our nobles kept looking around the whole temple, and seeing most of the lights of the feast being celebrated, and hearing the melody of the chants, they were astonished and bewildered. Having passed the time of the evening hymn and the morning hymn there, and said and heard many things, the time of the holy and divine liturgy arrives; and again the aforementioned men, together with the emperor's nobles, enter into the venerable and greatest temple, so that they might become spectators of the bloodless and divine mystery. Arriving at this point in the discourse, I am amazed at the philanthropy of God, who wills all men to be saved and to come to the knowledge of the truth. ^C For when those heathen and barbarian men entered into that thrice-great temple, as has been said, and stood there observing and accurately studying all that was being done in the temple—how first the so-called little entrance took place, then the great one was prepared, and the subdeacons and deacons went out from the holy sanctuary with candles and fans—not to mention that very many priests and pontiffs, according to custom, with the fearful and divine mysteries, and the patriarch himself who then held the patriarchate, and everyone fell upon the ground ^D

^A there, and were seeking a prayer and the "Lord, have mercy," they were crying out. But those four pagan men alone stared fixedly and fearlessly, and were watching all that was being performed; wherefore our compassionate and merciful God opened the eyes of those men, and they saw certain fearful and marvelous things, which, after inquiring, they learned with accuracy. For as that divine and great entry reached its end, and all rose up immediately from the prostration, the men who had seen the strange vision, taking hold of the hands of the king's nobles who were near them, said such things to them: “Tears and great things were those which we have seen up till now, which we do not deny ^B that we see; but that which was now seen by us is beyond human nature. For we saw certain winged youths, dressed in a strange, beautiful garment, who were not stepping on the floor of the temple at all, but were being carried through the air chanting ‘Holy, holy, holy’; which thing amazed us all more than all the other things and cast us into great perplexity.” When the king's nobles heard these things, they answered them, saying: “And perhaps you are ignorant of all the mysteries of the Christians, and you do not know at all that angels from the heavens descend and minister along with our priests.” Then they, having heard this, said: “It is most true and manifest what you say, and it requires no other proof; for we ourselves have seen everything with our own eyes. Finally, send us back so that we may return to where we were sent as envoys, so that we may make our prince certain of those things which we have seen and have thoroughly learned.” Those men then sent them away with great joy and gladness. And having returned to their own region, presenting themselves to their famous and great king after having rendered the customary obeisance, they reported to him everything they had seen and heard, speaking such things: ^C “We do not deny that we have recently seen some great and splendid things at Rome; but the things seen by us in Constantinople stun every human mind”; and they recounted this to them in detail. But that great ruler of theirs, having learned the truth of the matter from them, and having been made certain of it, without any delay, immediately sends to the most pious emperor of the Romans in Constantinople, and asks for a chief priest, so that he might instruct and baptize the countless nation there. Now at that time Basil the Macedonian was holding the scepters of the Romans; who, having received with great joy those who were sent from there, sent out to them a chief priest, famous for his piety and virtue, and with him two men, Cyril and Athanasius, who were themselves also virtuous and very learned and wise, and were filled not only with the knowledge of the Divine Scripture, but were also well trained in secular letters; as the letters created by them well testify to this. And they, having gone there, used to instruct and baptize everyone, and were leading them toward the piety of the Christians; but seeing such a nation to be entirely barbarous and uncultivated, the aforementioned most learned men did not have [the means] to teach them the twenty-four letters of the Greeks, lest they might again deviate from piety. Therefore, they engraved for them thirty-five elements of letters and taught them. As also the calling of the names is this: As, Mpouke, Betd, Glaod, Dopro, Geesti, Zebet, ^D Narentani dicuntur.

But without these known causes, the union of husband and wife cannot be dissolved, according to that which is written: "What God has joined together, let no man put asunder." ^A

TITLE XIV. On dowry registered but not paid, and on the law of dowry.

1. Whoever acknowledges in writing, or without writing, that he has received a dowry, if it is not paid, being more than twenty-five years of age, has the authority after the marriage, for a period of up to five years, to seek it, and to receive it in full, provided the parents of the bride have the means to pay what was promised to him.

2. If he does not do this, and neglects to have the promises fulfilled, he is held to the side of the woman, according to the force of the bond which he issued. But if he is a minor, after the completion of twenty-five years, and another five years besides, he may seek the dowry promised to him, according to his own agreement. For when that determined space of time has fully elapsed, he has no authority to take action concerning the non-payment of the dowry bond; but he is held, as has been said, to the side of the woman, according to what was agreed by him. ^B

3. When a woman brings a dowry to her husband, if it happens by some misfortune that the husband incurs losses, or contracts debts, either to the fisc or to any other person, and he dies; neither the fisc nor any other person shall have the authority to enter his house, and to seize anything, until the woman is reimbursed for her own dowry. After its payment, let the remaining assets be divided among the creditors proportionately. ^C

TITLE XV. On simple donations, that is, when the use and ownership of things, or the ownership of them alone, are immediately, or after death, left to someone: and on the causes by which such donations may be annulled.

1. A simple donation is made without a written document when someone who has reached the age of maturity, in the presence of five or three witnesses, grants you some of his property. Five witnesses should be present in well-established places, where people are found; three, however, in solitary places, and where the number of five men is not to be found. ^D

2. A simple donation is made through a written document when a subscription has been composed by one who is of legal age; and it is confirmed and executed in writing according to the aforementioned manner, in the presence of five or three witnesses called for this purpose.

3. But if someone makes a donation to another under this law, so that after his death he may take the things donated to him, and immediately grants him the ownership alone: this donation too must be made in writing, in the presence of five or three witnesses, according to the methods previously explained.

4. The donation made in expectation of death, that is, after

^A That there are inhabited fortresses in Pagania: Mokron (64), Berullia, Ostrok (65), and Zelo, Zeplea, He, Zeē, Kako, Loudia, Mē, Nas, On, Pokoē, Ritsē, Sthlobō, Nteberdō, Ek, Ferōt, Cher, T, Tē, Tzerbē, Saa, Sthia, Geor, Gerē, Ger, Geat, Giou, Geous Gea. These are the thirty-five letters of the Russians, which even to this day all study, and they understand piety well.

But some also say that such a miracle occurred in those parts. For since the archon remained in superstition, he himself, his nobles, and the whole nation, and being at pains concerning their former religion and the faith of the Christians, ^B they invited to themselves the bishop who had just come; and the archon asked him what those things were that were proclaimed by him, and what were the things destined to be taught. When he had held out the holy book of the divine Gospel, and was explaining some of the miracles performed by God in his human sojourn: the multitude of the Russians said, "Unless we also see somewhat of the like, and especially such as you say happened in the furnace of the three children, we will by no means believe you." But he, trusting in the truthful word of Him who said: "Whatever you ask in my name, you shall receive," and, "He that believes in me, the works that I do shall he also do, and greater than these shall he do," said to them: "Although it is not permitted to tempt the Lord God, yet if you have decided from your heart to come to God, ask whatever you wish, ^C and God will certainly fulfill it according to your petition, even if we are most base and unworthy." They immediately requested the book of the Gospel, that it be thrown into the fire kindled by them, and that if it should remain unharmed... the book of the holy Gospel was thrown into the furnace. And for a considerable space of time, while the furnace was burning, and then when it had completely died down, the holy volume was found to have remained unaffected and uninjured, having received no damage from the fire. Which the Barbarians seeing, and being struck by the magnitude of the miracle, without hesitation they fled to baptism, and being cleansed in their mind they glorified the Savior Lord; to whom be glory and power now and always, and for ever and ever. Amen.

NOTES OF ANSELM BANDURI

^B It is pleasing here to offer some remarks on the aforementioned anonymous history regarding the conversion of the Russians to the faith of Christ. And first, that this anonymous writer says that the Russians adhered to the rite of the Greeks, for the reason that the legates sent to Rome and Constantinople to contemplate both rites preferred the Greek rite to the Roman; almost the same things are narrated by historians concerning the conversion of Wlodomir, duke of the Russians, who received the faith of Christ under the emperors Basil and Constantine, who gave him their sister Anna in marriage; for he also adhered to the Greek rite, because the legates, whom he had sent to Constantinople for that purpose—men who were military and still semi-barbarian—had vehemently praised them, but reported that the rites of the Latins, or other messengers of the same stamp, were not performed with sufficient religious care, and that the temples were poorly adorned; unless this was later invented by the proponents of the Greek schism, since it is established that Wlodomir and most of his sons were primarily zealous for the Catholic faith, two of whom, David and Romanus, or Boris and Gleb, are counted in the catalog of saints even by the Russians, who are united to the Roman Church. ^C But what he says about Cyril is that he is that bishop and apostle of the Slavs, the brother of Saint Methodius, bishop of Olomouc in Moravia, and also an apostle of the Slavs; whose memory is celebrated on the tenth day of March. Saint Cyril was born in Thessalonica and was formerly called Constantine, who on account of his marvelous talent was called the Philosopher; but afterwards, with the consent of the Pope, he was called Cyril, as is clear from the life of the same saints Cyril and Methodius from the Blauduran manuscript, published in the *Acta Sanctorum* on the day of March; which says thus: "In the time of the emperor Michael, there was a man noble by birth, born in the city of Thessalonica, by the name of Constantine, who on account of his marvelous talent was called the Philosopher." He, fifty days before his death, by the permission of the Supreme Pontiff, took for himself the name Cyril, etc. The same is held in another life of the same published in the same place: and also in the history of the kingdom of the Slavs by the priest of Dioclea. But it is incorrectly stated in the Breviary, which the Bohemians, Moravians, and Poles use today, that the father of ^D Cyril and Methodius was Constantine, surnamed the Philosopher; for this was indeed the name of Cyril himself, as is evident from the things said above, and from the assertion of Anastasius, an eyewitness, in a letter to Charles the Bald, King of the Franks, written in the year [blank], in which he announces that the body of the holy Pope Clement was brought to Rome by Constantine the Philosopher; yet it is established that this was done by Cyril, the brother of Methodius; whose father was Leo the Patrician, as writes the Priest of Dioclea, page [blank] of the edition of Joannes Lucius: but the things which Lucius there notes concerning Constantine the Philosopher, Cyril, and Methodius, are entirely futile. The same must also be said concerning the letter of Pope John VIII to Suetopolk the Count, written to a contemporary of the same Cyril, in which he says,

from salaries or from the labors of their common household, and the diligence of the brother or brothers who remained in the house, they shall receive in equal and fair portions.

4. After the decade, if they continue to live together for another three years, and thereafter it happens that they are separated from each other, the soldier shall take away as a special exemption his horse, with its saddle and bridle, and his chariot, and, if it is to be expected, a breastplate—but only that, if indeed he acquired it, as is reasonable to believe. All other things they shall divide among themselves fraternally in equal and fair portions.

5. If they continue to live together beyond these thirteen years, and it is found that he has at some time acquired anything thereafter from the salaries, which still remains, this too he shall possess for himself. And those things which, by the providence of God, he acquired from the very first day of his military service, whether from spoils or from the gifts of princes, and which are still in existence, he shall likewise retain as special property.

6. As concerns clerics, chartularii, and certain others who serve from their paternal estate, if their parents, upon dying, wish for the sake of love and gratitude to grant to the one who has entered military service that which was paid for his military training, their will shall be ratified. ^B

7. If they die without mentioning this, and his co-heirs initiate a claim concerning such a sum against the one who has entered military service, they must bring into the reckoning what was derived from such military service for their father, and add the remainder of the sum given for such military service to the rest of the estate, and thus have it divided together with the others. ^C

8. But if, as is to be expected, the sum given for such military service has been fully paid, the co-heirs have no license to claim anything from the person who is serving in the military on account of the expenses incurred for him, because, as has been said, an equivalent amount has been contributed from such military service.

9. Regarding the rest of those serving in the military, whatever has been allotted to these—that is, to those in official rank, and to all the rest—from the imperial salary, or from rations and customary payments, all these persons, with the exception of the soldiers, in disposing of such peculia, shall leave to their children, if they have up to the number of four, the legal portion—that is, the third part of their peculium. ^D If there are five or more, they shall leave the half part.

10. If they have no children, but their parents are living, they shall leave them the aforementioned third part, and dispose of the remaining portion of their peculium as they see fit. Paganica peculia are those of persons under authority, which were given to them by their parents for adornment and honor, or [any others] they have acquired; these are recognized as belonging to the parents, and after death...

city: another, which is Meleta, or Malozeala; of which the holy Luke makes mention in the Acts of the Apostles, calling it Melite: where also a viper, biting the finger of the divine Paul, fell off and was burnt in the fire. A third great island, which is called Phara: a fourth, which is Bratzes. But there are besides other islands which do not belong to the Pagans, such as Choara, Ies, and Lastobon. ^B

CAPUT XXXVII. De Patzinacitarum gente.

It is to be known that the Patzinacites from the beginning had their habitation by the rivers Atel and Geech, and that the peoples known as the Mazari and Uzi were their neighbors. ^C

[Notes section] ...says that Constantine the Philosopher was the inventor of the Slavonic letters: "The Slavonic letters," he says, "discovered by a certain philosopher Constantine, by which due praises to God resound, we rightly praise." Assuredly this our anonymous writer, the Dioclean, the Acts of Saint Cyril, and the remaining writers attribute this—following Cyril, who was also named Constantine, as we have shown above—to him; and indeed there is a perpetual tradition among our people that one of the two Slavonic alphabets, called Kiuriliza, is the very one of Cyril, named from the Slav name Kiurul, which in Latin sounds "Cyril": while the other, called Bukuiza, belongs to the divine Jerome.

But what I myself think concerning the alphabet of S. Jerome and the version of the Holy Scriptures made by him, as they say, into the Slavonic language, I will willingly confess. In the works of the divine Jerome I have nowhere found even a trace of the Slavonic language: which, if he had known it, he would undoubtedly have used in explaining the Scriptures, and frequently when dealing with Hebrew names. Where, however, the divine Jerome calls it his "native speech" or "the language of our people," no learned man is ignorant that it is to be understood of the Latin language, which at that time was in use throughout the whole Roman world. Moreover, as to what this anonymous writer says, that the Russians were converted to the faith of Christ by the miracle of the book of the Gospels, which, when it was cast into the fire, was found there unhurt and whole, this agrees well enough with those things which Porphyrogenitus has regarding the same matter in the *Life of Cyril* in the royal edition; which, as they are somewhat long, I do not transcribe here.

...called Corcira, or Cicer in Latin, Kar in Slave. ^D ...Melita in Pliny. Hence "Melitæan whelps," with Callimachus as authority in Pliny. But the supreme dominion of this island today resides with the Republic of Ragusa, but the beneficial ownership, as they say, resides with our monastery of Saint Mary. But because we will speak of this island, and of our monastery, elsewhere at greater length.

...chap. 28. But whether that shipwreck of Paul happened near the island of Melita, of the African sea, cannot easily be known from the Acts of the Apostles; and in my own judgment that question seems insoluble.

...Lestrina in Latin, Lastovo in Slave; and it belongs to the Republic of Ragusa. "These four great Eastern islands," says Lucius, "being closer to the continent of the Pagans, or Narentanes, occupied by them, passed over into the name of the same, together with their possession, and ceased to be numbered among the Dalmatian ones." But Porphyrogenitus says that Issa and Lastre- ^C dina, with Choara, did not belong to the Pagans or Narentanes, and therefore retained the Dalmatian name; and together with the dominion of the Adriatic, he says that the Romans retained these islands also, situated in the open sea; and by the convenience of these islands, they continued the navigation of the Adriatic and the dominion of the rest of Dalmatia.

...inhabited the ancient and great Bulgaria around the river called Atel, which is called Atalis by Theophanes, and Edel in Tartar; by the Ruthenians it is called Volga or Wolga, formerly Rha by Ptolemy; but afterwards the same Patzinacites inhabited the plains across the Ister, extended as far as the river Borysthenes to Pannonia. Our author deals at greater length with the Patzinacites who were the inhabitants of this region, and with the nations conterminous with them, in the beginning of this work, and below in Chapter 42, where he assigns the boundaries of those nations. But the Patzinacites waged very many wars with varying fortune, both with the Romans and with other nations; at last they were defeated by John Comnenus, who instituted a feast day in memory of this victory: which indeed he named, as Choniates writes in his *Life*: *Polydoros*? [sic] Having achieved this victory over the Scythians, and with this illustrious exploit, John paid his debt to God: which feast is called the "Patzinacarum" in our time, as a monument of the achieved feat and a testimony of a grateful mind. But Allatius writes that the name of the Patzinacites was derived from the Russian or Polish "Pyeczinig," and from him Lucius in his *Kingdom of Dalmatia and Croatia*, book VI, chapter 5, where he says that the Patzinæ or Patzinacites were afterwards called Vlachs. ^D

^A Uzi, as they are called, conspired with the Chazars, and joining their arms, attacked the Patzinacites. Having gained the upper hand, they drove them out of their own country, and the so-called Uzi hold that land to this very day. The Patzinacites, having fled, wandered about, seeking a place where they might settle; and coming to the land which they now inhabit, they found the Turks dwelling there. They defeated and drove them out by war, and settled therein, and have dominated that country, as has been said, for fifty-five years to the present day.

It is to be noted that all of Patzinacia is divided into eight provinces (76), and it has just as many great princes. These provinces are as follows: the name of the first province is Ertem ^B (77); of the second, Tzur; of the third, Gyla; of the fourth, Culpee; of the fifth, Charoboe; of the sixth, Talmat; of the seventh, Chopon; of the eighth, Tzopon.

At the time when the Patzinacites were driven from their own lands (78), they had as princes: in the province of Ertem, Maitzan; in Tzur, Cuel; in Gyla, Curcur; in Culpee, Ipaon; in Charoboe, Caidum; in the province of Talmat, Costan; in Chopon, Giaze (79); and in the province of Tzopon, Batan. After their death, their cousins succeeded to the offices; for an ancient law and model has prevailed among them, not to transmit the dignities to their own children or brothers, but for the princes to be content with holding ^C the principate only as long as they live; but after their death, either their cousins or their cousins' children are appointed, so that the dignity should not always remain in one part of the family, but should descend to the collaterals by way of inheritance; but no one of a different family succeeds to the principate. These eight provinces are divided into forty parts, and they have lesser princes.

On the Nation of the Patzinacites

agreed upon. When, therefore, the price of the object has been given to the buyer, it is not permitted for those who repent of the transaction to rescind such a sale.

2. For the buyer must, before the contract, examine the object and make accurate inquiry, and only then proceed with the contract.

3. But if afterwards, as is wont to happen, the sold object ^A is found to be free, or possessed by a demon, it is returned to the seller.

4. If an earnest money deposit is given in any contract whatever, as the contract is incomplete, if the fault lies with the one who gave the earnest, let the one who received it keep the earnest. But if through the negligence of the one who received the earnest the transaction is not brought to completion, let it be returned to the one who gave it, along with an equal amount in addition.

5. If a sold slave should die, or some part of his body be injured, such as a foot, or a hand, or an eye; or if a house that has been sold, or a part of it, or the whole be consumed by fire; or if a field be wholly or in part destroyed by the force of a river, or a tree be cast down by the wind: in all these cases the loss falls upon the buyer.

6. If my slave, having been ordered to point out the boundaries of a sold field, signifies more, either through fraud or through ignorance, I am not condemned. The same applies also in the case of delivery, when possession begins.

7. If, before delivery, a sold slave runs away, or is stolen by someone in such a way that no fraud or negligence can be proven regarding these matters, it must be sought in the following way whether this loss should fall upon the seller. If the seller has taken upon himself the custody of the sold slave, he himself shall acknowledge the loss arising ^B from this; but if he has not taken it upon himself, he shall be free of care. The same applies also to other animals, such as a horse, and a camel, and whatever else is of such a kind. In any case, the seller owes the buyer clearance and protection against eviction.

8. If some people who hold property in common agree between them that it is not permitted for either of them to sell that property without the other: when one wishes to sell his part, and makes a formal declaration to the other regarding the sale or purchase, he may thereafter sell to whomever he chooses without hindrance.

9. For you should know in general ^D that if the event happens without fraud or negligence on the part of the seller, or something of that sort, the seller shall be free of care.

10. For just as a fortuitous loss, or the destruction of a sold object, pertains to the buyer, so also if any gain has accrued, it shall benefit the buyer.

11. Hence, if due to the alluvion of a river or the accumulation of earth the field has grown larger after the sale, the buyer shall enjoy the gain.

12. If gold deposited by someone should, through an error, remain in a house that has been sold, and it is found therein, it remains the property of him who was its owner of old.

^A Be it known that the four tribes of the Patzinaks, namely the theme of Kourtzitzoúr, and the theme of Syroukalpéē, and the theme of Borotálmat, and the theme of Boulatzospón, lie beyond the Dnieper river, facing towards the eastern and more northerly parts, looking toward Ouzia, and Chazaria, and Alania, and Cherson, and the remaining climates. The other four tribes lie on this side of the Dnieper river, towards the western and more northerly parts; that is to say, the theme of Giazichopón approaches Bulgaria, the theme of the lower Gyla approaches Tourkia, the theme of Charodóē approaches Russia, and the theme of Iabdiertím approaches the tributary regions of the land of Russia, namely the Oultinoi, and the Derbleninoi, and the Lenzeninoi, and the remaining Sklavinoi. Patzinakia is distant from Ouzia and Chazaria five days’ journey, from Alania six days, from Mordia ten days, from Russia one day’s journey, from Tourkia four days’ journey, and from Bulgaria half a day’s journey; and it is nearest to Cherson, but even closer to the Bosporus.

^B Be it known that at the time when the Patzinaks were driven out from their own land, some of them remained there by their own choice and will, and dwelt together with the so-called Ouzoi; and they are among them until the present day, having such characteristics that they can be distinguished and recognized as to who they were, and how it came to pass that they were separated from their own people. For their garments are short, reaching only to the knees, and their sleeves are cut off at the arms, as if demonstrating by this that they were cut off from their own kin and tribe. Be it known that on this side of the Dnieper river, on the side facing towards Bulgaria, at the crossings of the same river, there are abandoned fortresses. The first fortress, named by the Patzinaks "Aspron" [White], because its stones appear white; the second fortress, Toungátai; the third fortress, Kraknakátai; the fourth fortress, Salmakátai; the fifth fortress, Sakakátai; the sixth, Giaioukátai. In these very structures of the ancient fortresses are found also some traces of churches, and crosses carved into tuff stones; whence some possess a tradition that the Romans once had seats there. Furthermore, the Patzinaks are also called Kangar, though not all of them, but only the inhabitants of three themes, namely of the themes of Iabdierti, Cuartzitzour, and Chabuxingyla: as those who are superior to the other...

15. Whoever denies his own syngraph, or the payment made to him, shall pay double once proofs have been brought forward. But he who immediately upon denying, by the offering of an oath, reveals the truth, shall escape the condemnation of the double payment. But he who confesses late, shall pay the court costs by the oath of the adversary. ^A

16. Neither the creditor, nor the heir of the creditor, can bring forward a plea of time-barring against the debtor regarding a pledge after the payment of the debt.

17. The debtor who denies his debt cannot afterwards offer proofs of payment. To a debtor denying the debt, proofs of payment which he offers afterwards shall not be admitted; rather, the whole amount is exacted. ^B

18. A creditor who has denied his own proofs, after convictions have followed, shall return to the debtor double the sum contained in them, with calculations made.

19. [Concerning partnership.] Partnership is constituted in writing and without writing, between two or more, when each of them brings into the contribution an equal or lesser share of his own, or some contribute money, others their own labors and services. The profit acquired by them, after the deduction of the capital, of course, is to be divided according to what was stipulated between them in the middle of their agreement. ^C

20. If, however, in such a partnership it should happen that damage comes to the contribution, each partner shall acknowledge this according to his share of the profit.

21. A partnership is constituted either as long as the partners live, or for a time, or from a time, or under a condition.

22. The partner does not acknowledge fortuitous events. Whence it is that given appraised livestock, if they are carried off by robbers, the loss is common; but if they should be stolen, only he who had them suffers the loss. For he who receives appraised things owes the most precise security; and an action for partnership is appropriate if they were given for grazing as a common enterprise, even if they were specifically appraised.

23. [Concerning pledges.] If anyone, for any reason or fear, entrusts a deposit to someone, and it happens that the one who received it denies it, when the case is inquired into, if that person is proven a liar, let him restore the deposit double to the one who entrusted it. ^D

24. But if by some calamity from fire, or from theft, it should befall him that his own things and those also are lost, let those hearing the case observe this, and let them hold the one who had such a deposit blameless, as having lost them involuntarily.

TITLE XXIII. Of deposit.

25. In a deposit, the fruits, and the offspring, and the whole matter are claimed.

26. Your slave deposited money with me, in order that

formerly had their dwellings there. Note that the Patzinakites are called Kangar, though not all of them, but only the people ^A of the three themes of Iabdiertzi, Kouartzitzour, and Chabouxingoula, as being more courageous and noble than the rest; for this is what the title Kangar signifies.

CAPUT XXXVIII. On the genealogy of the nation of the Turks and from where they originate.

The nation of the Turks formerly dwelt near Chazaria, in the place named Lebedia after the name of their first voivode, who was called Lebedias by his personal name, and by the title of his office, as were all his successors after him, he was called voivode. In this aforementioned place, Lebedia, there flows a river called Chidmas, which is also named Chingylus. At that time they were not called Turks, but were for some reason called Sabartoiasphaloi. They consisted of seven clans, and they never had a prince, either native or foreign, but there were among them certain voivodes, of whom the first was the aforementioned Lebedias. They lived with the Chazars for three years, and were allies to the Chazars in all their wars. The Chagan, the ruler of Chazaria, because of their courage and alliance, gave to the first voivode of the Turks, named Lebedias, a noble Chazar woman in marriage, both on account of his renowned courage and the splendor of his birth, so that he might produce offspring by her; but it so happened by some fortune that Lebedias did not have children from this Chazar woman. But the Patzinakites, who were formerly called Kangar (for this name Kangar was used among them to signify nobility and courage), having made war against the Chazars and been defeated, were forced to leave their own land and inhabit that of the Turks. A war having subsequently broken out between the Turks and the Patzinakites, who were at that time called Kangar, the army of the Turks was defeated and divided into two parts: one part settled towards the east in the region of Persia, who even to this day are called by the ancient name of the Turks, Sabartoiasphaloi; the other part settled in the western region, together with their voivode and leader Lebedias, in the places named Atelkuzu, in which places the nation of the Patzinakites now dwells. After a short time had passed, that Chagan, the ruler of Chazaria, sent word to the Turks that they should send to him, by ^D ship, their first voivode. And so Lebedias, having set out to the Chagan of Chazaria, asked what was the reason for his summons; to whom the Chagan replied that he had summoned him for this reason: that, since he was noble, wise, and courageous, and the first among the Turks, he might make him the prince of his own nation, on the condition that he be subject to him.

tation, if he has imposed a burden heavier than is equitable, by which the beast of burden is injured, he is liable on that account. 11. Similarly, he who has contracted for a defined place, and proceeds beyond it. 12. He who has hired an ox for the purpose of work, if it dies in the labor for which he sought it, let him be exempt from damages; but if it has perished in another work, he shall restore it in full. 13. He who has hired a field, and before the completion of the time has abandoned it ^A without cause, pays the wages for the whole time. 14. He who has received wages for the purpose of guarding a thing takes the risk of its guardianship upon himself. 15. He who, after the completion of the time of the hiring, does not restore the thing, must restore both the thing itself and its valuation. 16. Every contractor or artisan who has undertaken work and does not complete it shall pay the entire loss, provided, of course, that he receives his pay. 17. But if he is a pauper and is unable to make restitution for the loss, let him be beaten with rods and exiled. 18. If I have hired a lodging for a year, I pay the full rent. But if it collapses, even around the sixth month, I receive back the remainder of the rent. 19. If the work that is being done has been shaken by an earthquake, the risk pertains to the hirer. 20. He who steals a slave hired out by himself is liable as a thief. 21. If, before the examination, ^B the structure collapses: if it is from a fault of the ground or from an earthquake, the hirer suffers the loss; but if from a defect in the work, [the contractor] who hired it out [is liable]. 22. If anyone has asked for a beast of burden from a neighbor, and it is crushed, or becomes a captive, or dies, if the owner is not with it, he shall pay; but if the owner is with it, he shall not pay; and if it was hired, let it be for him in place of his wages.

TITULUS XXVI. Of witnesses.

1. In witnesses, integrity, trustworthiness, character, and gravity are required. Let witnesses be trustworthy; not some sort of sedentary and sordid people, nor humble, nor altogether obscure; but they ought to be of good reputation ^D on account of their rank, or military service, or wealth, or profession. 2. But if they are unknown and strolling persons, let the judges examine their testimonies, and let them approach them through questionings, so that they may arrive at a grasp of the truth. 3. Parents and children testifying against one another are not to be admitted; and neither for a master nor against a master shall a slave or a freedman testify. 4. A father and a son under paternal authority, and two brothers under paternal authority, can be witnesses in the same matter. 5. When witnesses are produced before judges against other witnesses, first let them present what they know without an oath in two or three examinations; and if concerning...

^A Levedias, then, having arrived at the Chagan of the Chazars, asked the reason for which he had sent for him. The Chagan said to him, "We have invited you for this reason: because you are noble and wise and courageous [(99)] and the first among the Turks, that we might appoint you prince of your nation, and that you might yield to our word and our command." He, answering the Chagan, replied that he greatly accepted his regard and favorable disposition toward him, and that he confessed the gratitude properly due to him; "But since I am not capable of such a principality, I cannot obey; however, there is another of us, a voivode called Salmutzes [(1)], who also has a son named Arpadis. Of these two, it is better that either he, Salmutzes, or his son Arpadis, become prince, and he shall be under your command." Being pleased with this proposal, the Chagan gave his own men to go with him and sent them to the Turks, and they, having conferred about this with the Turks, the Turks themselves preferred Arpadis to be prince, rather than Salmutzes [(2)] his father, as he was more worthy and highly esteemed for his wisdom and counsel and courage, and capable for such a principality; and they made him prince according to the custom of the Chazars and [the] *zakanon* [(3)], raising him up upon a shield [(4)]. Before this Arpadis, the Turks had never had any other prince; hence, from his generation, a prince of [the] ^B Turkey is established until this day. After some years, the Patzinacitae, invading the Turks, pursued them along with their prince Arpadis. The Turks, therefore, having been routed and fleeing, and seeking a land in which to place their settlements, entered Great Moravia, expelled its inhabitants, and placed their settlements there, and they hold them until this very day; and from that time, the Turks have not had war with the Patzinacitae. But as for those Turks who live toward the east in the parts of Persia, of whom we made mention above, they send their merchants even now to those of the previously mentioned Turks who dwell in the West, and visit them, and often receive answers from them. Furthermore, the place of the Patzinacitae, which the Turks inhabited at that time, is named according to the ^C names of the rivers that are there; these rivers are: the first river is called Baruch; the second, Cube; the third, Trullus; the fourth, Brutus; and the fifth is called Seretus. After some time, the Patzinacitae attacked the Turks and pursued them with their prince Arpadis. The Turks, then, having turned and seeking a land for their dwelling, came and drove out those who were inhabiting Great Moravia, and settled in their land, in which the Turks live until this very day; and since that time, the Turks have not made war with the Patzinacitae [(5)]. But since the aforementioned nation of the Turks settled toward the East, into the parts of Persia, these previously mentioned Turks who dwell in the West still send merchants to them even now, and they see them, and often carry back answers from them to them. For the place of the Patzinacitae, in which the Turks dwelt at that time, is called after the name of the rivers that exist there. And the rivers are these: the first river is called Baruch; the second is called ^D [the]

NOTES OF ANSELM BANDURI.

(99) This is read in the mss. In the printed editions, it is erroneously read *idriomenos*. (1) In the editions a little further down, he is called *Almutzes*, where Meursius says that *Almutzes* should be written in both places; but in the ms. codex, *Salmutzes* is read in both. (2) It is read erroneously in the editions and in the mss. as *etper*, etc. (3) Truly, even the word *zakanon* is an Illyrian or Slavic word written corruptly, namely *Sakon* or *Sacon*, and in the plural *Sakona*, signifying law and custom, as we have warned in several places above at cap. 8 of this book, where our author uses the word itself here. Furthermore, it is read erroneously in the editions, *ethnos* for *ethos*. (4) *Sykonein*, *hickonein* and *sykonein* signifies to lift and to raise; *skoutarion* however is the term designated for lifting a prince placed upon a shield; which, indeed, was common to both Romans and Barbarians. Ammianus Marcellinus lib. xx, concerning Julian declared prince by the Gallic soldiers: "Placed upon a pedestrian shield, and standing higher, he was declared Augustus in the silence of the people"; Zonaras in *Justinian*, where concerning Hypatius elected emperor by the seditious: "having raised him aloft upon a shield, they proclaim him king," and praised as emperor raised on high upon a shield. Furthermore, about this custom of electing a prince, Pitheus treated it at length in lib. 1 Advers. cap. vi; Lipsius on Tacitus, Dempster on Corippus, Valesius on Ammianus, and many others. (5) In the mss. it is read: *para ton Chatzinakiton ouk edexanto*.

^A 28. He who wittingly has carnal intercourse with a strange woman and her daughter, let his nose be cut off; the same penalty is to be applied to her who, knowing of it, committed this offense with him. 29. He who has two wives, let him be beaten; the strange woman is to be cast out, along with the children born of her. 30. A cattle-thief, who drives away any herd whatsoever belonging to another, if he does this for the first time, let him be beaten; if a second time, let him be sent into exile; if a third time, let his hands be cut off; with the proviso, naturally, that the things lost by his act be restored to their master. 31. He who commits robbery, and lays traps, and murders, let him be hanged on a gallows in the place where he is caught. 32. He who has a matter of business with another and does not invoke the magistrate, but of his own will, or relying on his own power or some influence, encroaches with his own hand and carries off the thing in dispute: if indeed he did this truly seeking what was his own, let him forfeit his own property and give it over to the other. But if he also carried off something belonging to another, let him be whipped by the ruler of the place, as one who did not act under authority but became his own avenger, and thus let him make restitution of that which he took. 33. He who attacks a priest, either in a church or in a procession, let him be beaten and exiled. 34. He who enters the sanctuary, by day or by night, and carries off any of the sacred things, let him be blinded. But he who carries off something from the temple outside the sanctuary, let him be whipped as an impious person and, having his hair shorn, let him be exiled. ^C 35. Those who, because of some enmity or plundering of property, cause a fire in a city, let them be delivered to the fire. But if they willfully burn land, or fields, or country houses outside the city, let them be punished by the sword. If, however, anyone wishing to burn the stubble of his own field, or thorns, casts fire upon them, and the fire goes further and burns the fields of another, or another's vineyard: the examiner must carefully inquire, and if this happened through the inexperience or sloth of the one who set the fire, let him make restitution to the one suffering damage. For if he set the fire on a day having a strong wind, or did not take precautions that the fire should not proceed further, he is condemned as having been negligent and slothful. But if he took every precaution, yet a sudden violent wind rushed in, and for that reason the fire proceeded further, he is not condemned. If from an accidental fire a house is set ablaze, and some of his own property is burned up, and the fire spreads and burns some of the buildings adjacent to it, let him be held blameless, as such a fire occurred involuntarily. 36. Those who strip the dead in the tombs, let their hands be cut off. 37. He who steals and sells a freeman, let his hands be cut off. 38. He who entices, and hides, and causes to disappear another's slave, in addition to the restitution of that slave—

Koudou; the third river is called Troullos; the fourth river is called Broutos; the fifth river is called Seretos.

Chapter XXXIX. Concerning the nation of the Cabari.

^AIt should be known that the so-called Cabari are descended from the race of the Chazars. Now, since a certain rebellion happened among them against their own government, and a civil war ensued, their original regime prevailed. Some of them were slaughtered, while others fled and came and settled with the Turks in the land of the Patzinakits, and having made peace with one another, they were called Cabari. Hence they taught the Turks the Chazar language, and to this day they retain that same dialect; they also have another, the language of the Turks. But because they proved themselves to be stronger and more courageous in the wars than the eight other tribes, they were chosen to be the first tribes, and they have one ruler among them, that is, over the three tribes of the Cabari, who exists even to this day. ^B

Chapter XL. Concerning the tribes of the Cabari and the Turks.

The first is this aforementioned tribe which broke away from the Chazars, the Cabari; the second is the Nece; the third the Megere; the fourth the Curtugermati; the fifth the Tariani; the sixth the Genach; the seventh the Care; the eighth the Case. And so, having joined one another, the Cabari settled with the Turks in the land of the Patzinakits. But after this, having been summoned by Leo, that Christ-loving and glorious emperor, they crossed over, and waging war against Symeon, they defeated him soundly, and driving him out, they advanced as far as Presthlabos, and having shut him up in the fortress called Moundraga, ^C they returned to their own land. At that time they had as their ruler Liuntikas, the son of Arpades. But after Symeon had once again made peace with the emperor of the Romans and had obtained leave, he sent ambassadors to the Patzinakits, and entered into an agreement with them to wage war upon the Turks and utterly destroy them. And when the Turks had gone away on an expedition, the Patzinakits came with Symeon against the Turks, and utterly destroyed their families, and chased away those Turks who had been left behind for the defense of their country. ^D

Tit. 60. When creditors ought to take action against the heirs of those who have died. ^A Tit. 61. That the remains of Christians should not be subjected to indignities by creditors. Tit. 62. Concerning new works. Tit. 63. Concerning penalties. Tit. 64. Concerning the division of spoils. Tit. 65. Concerning violence, the seizure of property, fields, arson, and tombs. Tit. 66. Concerning the property of those that is confiscated for the treasury, and concerning those who are sought and deported. Tit. 67. Concerning injuries. Tit. 68. Concerning the offenses of free men and servants. Tit. 69. Concerning calumniators, accusers, informers, and concerning forgery and treasure. Tit. 70. Concerning thieves, receivers, sacrilegious persons, and kidnappers. Tit. 71. Concerning military punishments, from Rufus and the tactical manuals. Tit. 72. Concerning the contracting and dissolution of partnership. Tit. 73. Concerning pacts, agreements, transactions, and concerning those things given in the name of patronage.

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Concerning the division of spoils.

Those who go out against enemies for the sake of war must guard themselves from every evil word and deed, and keep their mind and their prayer directed to God alone, and engage in battle after having taken counsel. For help is given by God with a heart full of counsel. For victory in war does not rest in the multitude of forces, but proceeds from God, who grants victory.

2. A sixth part of the spoils ought to be consecrated to the public treasury, and as for everything that remains, the whole people should receive an equal share, distributing it equally, whether one be great or small. For the increase of their own pay is sufficient for the commanders. But if any commanders be found who behave themselves bravely against the enemy, the general in command should grant them something from the aforementioned sixth part of the treasury, and support them according to what is fitting. Moreover, according to the proportion of the share of those who take part in the battle, so shall also be the share of those who betake themselves to the keeping of the baggage or supplies.

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Concerning soldiers who are sons-in-law, and enter the homes of their fathers-in-law, and bring in their pay, and perform labors.

Our pious and justice-loving emperors have decreed, in accordance with the pious laws, that everything—all the items and property that anyone has brought into such a house—he may take away in full measure, and if it appear that he acquired anything from imperial gifts, and from his own sword,

Differunt haec quidem ab iis, quæ titulo LVI libri, cujus et alios hic titulos dedimus, leguntur.

The Turks ^A returned, and finding their land thus deserted and utterly laid waste, they settled in the land in which they dwell even today, named—as has been stated—according to the aforementioned rivers. The place where the Turks formerly resided is named after the river that flows through it, the Etel and Cuzu, ^B where the Patzinakits now dwell; and the Turks, having been driven out by the Patzinakits, came and settled in the land where they live now. In this same place there are certain ancient landmarks: first, the bridge of the Emperor Trajan, at the beginning of Tourkia; and then, three days’ journey from this same bridge, is Belegrada, where there is also a tower of the holy and great Emperor Constantine; and again, along the course of the river, is that place called Sirmium, two days’ journey from Belegrada; and from those parts is Great Moravia, the unbaptized, which the Turks devastated, and whose prince was formerly ^C Sphendoplokos. These, then, are the landmarks and names along the Ister river. As for the lands beyond these, where the whole of Tourkia is settled, they are now named according to the names of the rivers flowing through them. These rivers are as follows: the first river is the Timeses; the second river is the Tutes; the third river is the Moreses; the fourth is the Crisus; and again, another river is the Titza. Bordering the Turks ^D toward the east are the Bulgarians, where the Ister—which is also called the Danube—separates them; toward the north are the Patzinakits; toward the west are the Franks; and toward the south are the Chrobati. These eight clans of the Turks are not subject to their own princes, but they have pledged a mutual agreement among themselves that toward whichever of the rivers—by which they are divided—war might happen to threaten, they shall all bring aid to it with every effort and diligence. They have as their first leader of the army a prince from the lineage of Arpade, along with two others, the Gylas and the Carchan, who hold the office of judge; and every clan has a prince. It must be known that the Gylas and the Carchan are not proper names, but dignities. It must be known that the great prince of Tourkia, Arpade, produced four sons: first, Tarcatzus; second, Jelech; third, Jutotzas; and fourth, Zaltas. Again, the firstborn of Arpade, Tarcatzus, had a son, Tebele; the second, Jelech, begat a son, Ezelech; the third, Jutotzas, took a son, Phalitzin, who now holds the principality; the fourth, Zaltas, had a son, Taxis. All of the sons of Arpade are indeed dead, with only their grandsons surviving: Phale and Tase, along with their cousin Taxi; and Tebeles, dying, left a son, Termatzus, who recently, in favor...