'That if anyone shall think he has a good cause for going to law with a person belonging to the Roman clergy, he shall first present himself for hearing at the judgment-seat of the most blessed Pope, in order that the latter may either decide between the two in his own holy manner, or may delegate the cause to a Jurisconsult to be ended by him. And if, perchance, which it is impiety to believe, the reasonable desire of the pet.i.tioner shall have been evaded, then may he come to the secular courts with his grievance, when he can prove that his pet.i.tions have been spurned by the Bishop of the aforesaid See[550].

[Footnote 550: 'Definimus, ut si quispiam ad Romanum Clerum aliquem pertinentem, in qualibet causa probabili crediderit actione pulsandum, ad beatissimi Papae judicium prius conveniat audiendus. Ut aut ipse inter utrosque more suae sanct.i.tatis agnoscat, aut causam deleget aequitatis studio terminandam: et si forte, quod credi nefas est, competens desiderium fuerit pet.i.toris elusum, tuno ad saecularia fora jurgaturus occurrat, quando suas pet.i.tiones probaverit a supradictae sedis praesule fuisse contemptas.']

'Should any litigant be so dishonest and so irreverent, both towards the Holy See and our authority, as to disregard this order [and proceed first in our tribunals against one of the Roman clergy], he shall forfeit 10 lbs. of gold [400], to be exacted by the officers of the Count of Sacred Largesses and distributed by the Pope to the poor; and he shall lose his suit in addition, notwithstanding any decree which he may have gained in the secular court.

'Meanwhile do you, whom our judgments thus venerate, live according to the ordinances of the Church. It is a great wickedness in you to admit such crimes as do not become the conversation even of secular men.

Your profession is the heavenly life. Do not condescend to the grovelling wishes and vulgar errors of ordinary mortals. Let the men of this world be coerced by human laws; do you obey the precepts of righteousness.'

[See Dahn, 'Konige der Germanen' iii. 191-2, Sartorius 145, and Bauer's 'History of the Popes' ii. 323-4, for remarks on this important _privilegium_.

It is clear that it relates to civil, not criminal procedure, and that it does leave a right of final appeal from the Papal Courts to the dissatisfied secular litigant. At the same time, that such an appeal would be prosecuted with immense difficulty is clear even from the words of the decree. The appellant will have to satisfy the King's Judges of a thing which it is almost impiety to believe, that the occupant of the Roman See has spurned his pet.i.tions.]

25. KING ATHALARIC TO JOANNES, VIR SPECTABILIS, REFERENDARIUS.

[Sidenote: Confirmation of Tulum's gift of property in the Lucullanum.]

'It is a very fitting thing to confirm the generosity of others towards persons who might well have received gifts from oneself. We therefore declare that in your case the gift is another's but the will to give is our own, and the King has only been antic.i.p.ated by the rapid bounty of the subject[551].

[Footnote 551: 'Profitemur itaque alterius quidem donum, sed nostrum esse judicium, et modernam principis mentem praevenisse tantum velocissimam largitatem.' Observe again the use of Ca.s.siodorus'

favourite word _modernam_.]

'Everyone knows that our grandfather wished to give you the house of Agnellus in the Castrum Lucullanum, but could not do so having already given it to the Patrician Tulum[552]. Tulum, however, with his usual generosity, seconding the wishes of his master, formally conveyed the property to you; and that conveyance we now confirm, guaranteeing the quiet possession of it to you and your heirs for all time to come. If any doubt exist as to your t.i.tle, by any mischance, or by reason of any enquiry, such doubt is exploded by the authority of this letter of ours[553].

[Footnote 552: Tholuit, or Tholum, in some MSS., but no doubt the same as the Tulum of Letters 9 and 10.]

[Footnote 553: 'Ubi et si quid esset quolibet casu, qualibet inquisitione forta.s.sis ambiguum, hujus auctoritatis nostrae judicio constat explosum.']

'And should any envious person, in contempt of our royal will, dare to raise any question in this matter hereafter, either on behalf of the Fiscus or of any private individual, we declare that he shall pay to you, or to the person to whom you may have a.s.signed the said house, 100 lbs. of gold (4,000) by way of penalty.'

[Why should there be the necessity of this royal confirmation of a transaction between two private individuals, Tulum and Joannes, and this tremendous penalty on all future impugners of it?

Evidently because the property had been impressed with the character of State domain, and it was doubtful how far Tulum's alienation of it might stand good against the claims of future Sovereigns.

This becomes quite clear when we reflect what is the property to which this letter refers. It is either the whole or a part of the Lucullanum, to which the deposed Emperor, Romulus Augustulus, was banished in 476. On his death, as we may conjecture, this property, one of the most delightful places of residence in Italy, has been given by Theodoric to Tulum, perhaps just after he had distinguished himself in the Gaulish campaign of 508. For some reason or other, Tulum has alienated it (ostensibly, given it) to the Reporter Joannes, no doubt a Roman, who is apparently nervous lest his t.i.tle to it should hereafter be impugned on the ground that the palace of the last Roman Emperor was national property. Hence this letter. There is some difficulty and variation between the MSS. in the words describing the property: 'Saepe dicta domus paternae recordationis Agnelli, in Lucullano castro posita.' For _paternae_, Migne's editor reads _patriciae_. The forthcoming critical edition of the 'Variae' will show whether there is any support in the MSS. for a conjecture which I cannot help entertaining that _Agnelli_ is an error for _Augustuli_.]

26. KING ATHALARIC TO ALL THE INHABITANTS OF REATE AND NURSIA.

[Sidenote: Gothic settlers in the Sabine territory exhorted to obedience to their Prior, Quidila.]

'Our glorious grandfather had arranged that, in accordance with your desire, Quidila, son of Sibia, should be your Captain (Prior). We confirm this appointment, and desire you to obey him in all things.

You are so far moulded by the character of our grandfather that you willingly obey both the laws and the Judges. Our enemies are best vanquished, and the favour both of Heaven and of other nations is best conciliated for us, by our obeying the principles of justice. If anyone is in need of anything, let him seek to obtain it from the generosity of his Sovereign rather than by the strength of his own right hand, since it is for your advantage that the Romans be at peace, who, in filling our Treasury, at the same time multiply your donatives.'

[This letter is evidently addressed to Goths, and Quidila the _Prior_, who is set over them, is also a Goth. We can only conjecture what the office of Prior was: probably to some extent it involved civil as well as military authority. The conjecture of Dahn ('Konige der Germanen'

iv. 173) that it corresponds to the Gothic _Hundafath_ (Centenarius), seems to me extremely probable. The t.i.tle of the letter is curious. It is addressed 'Universis Reatinis et Nursinis.' Are we then to suppose that strong military colonies of Goths had been settled in these places, the Roman inhabitants having been extruded? The fact that St.

Benedict was born in Nursia, some fifty-seven years before the writing of this letter, gives an additional interest to this question.]

27. KING ATHALARIC TO DUMERIT THE SAJO, AND TO FLORENTINUS, A ZEALOUS OFFICER OF THE COURT[554].

[Footnote 554: 'Florentino viro devoto Comitiaco.']

[Sidenote: Robbery in the district of Faenza to be suppressed.]

'Justice must be shown upon the wicked. Different diseases require different remedies.

'Let your Devotion speed instantly through the territory of Faventia, and if you find any persons, either Goths or Romans, concerned in the plunder of the possessors, punish them severely. How much better it would be for those misguided persons to live according to our will, and earn the reward of pleasing us.' [The last sentence is obscure, and perhaps the text is corrupt.]

28. KING ATHALARIC TO CUNIGAST, VIR ILl.u.s.tRIS.

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

[Footnote 555: 'Quoticus ego Conigastum in inbecillis cujusque fortunas impetum facientem obvius excepi!']

[Sidenote: Possessores (or Coloni?) forced to become slaves.]

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

[Footnote 556: 'c.u.m suo peculio.' If they were not slaves they could not have _peculium_ in the technical sense. I therefore understand 'peculio' to be simply equivalent to _cattle_, a sense which is confirmed by 'Calabri peculiosi' in Letter 33.]

[Footnote 557: 'Adjicientes ne rerum suarum repet.i.tionibus imminerent [? imminuerent] liberis sibi conditionem ultimae servitutis imponi.'

Cf. Salvian, De Gubernatione Dei v. 8, 9, for a description of similar occurrences in Gaul.]

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

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

29. KING ATHALARIC TO THE DIGNIFIED CULTIVATORS[558] AND CURIALS OF THE CITY OF PARMA.

[Footnote 558: 'Honoratis Possessoribus.']

[Sidenote: Sanitary measures needed in Parma.]

'You ought willingly to co-operate in that which is being done for the advantage of your town. When it was suffering from a long drought, our grandfather, with G.o.d's help, watered it with the life-giving wave.

Cleanse out then the mouths of your sewers, lest otherwise, being checked in its flow by the acc.u.mulated filth, it should surge back into your houses, and bring into them the pollution which it was meant to wash away.

'The Spectabilis Genesius is appointed to superintend this work, and to quicken your zeal regarding it.'

30. KING ATHALARIC TO GENESIUS, VIR SPECTABILIS.

[Relating to the same subject as the preceding.]

[Sidenote: The same subject.]

'Through love of your city our grandfather, with royal generosity, constructed an aqueduct of the ancient type[559] for you. But it is of no use to provide a good water-supply unless your sewers are in good order. Therefore let your Sublimity set the citizens of Parma diligently to work at this business, that all ancient channels, whether underground or those which run by the sides of the streets, be diligently repaired[560], in order that when the longed-for stream flows into your town it be not hindered by any obstacle.