Part 63 (1/2)

'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.]