Part 68 (1/2)

'VIII. _Donations_ are not to be extorted by terror, nor acquired by fraud, or as the price of immorality. Where a gift is _bona fide_, the doc.u.ment conveying it is to be drawn up with the strictness prescribed by Antiquity, in order to remove occasions of fraud.

'IX. Magicians and other persons practising nefarious arts are to be punished by the severity of the laws. What madness to leave the Giver of life and seek to the Author of death! Let the Judges be especially careful to avoid the contagion of these foul practices.

'X. _Violence Exercised towards the Weak._ Let the condition of mediocrity be safe from the arrogance of the rich. Let the madness of bloodshed be avoided. To take the law into your own hands is to wage private war, especially in the case of those who are fortified by the authority of our _tuitio_. If anyone attempts with foul presumption to act contrary to these principles, let him be considered a violator of our orders.

'XI. _Appeals_ are not to be made twice in the same cause.

'XII. _Epilogue._ But lest, while touching on a few points, we should be thought not to wish the laws to be observed in other matters, we declare that all the edicts of ourself and of our lord and grandfather, which were confirmed by venerable deliberation[612], and the whole body of decided law[613], be adhered to with the utmost rigour.

[Footnote 612: 'Quae sunt venerabili deliberatione firmata.' Is it possible that we have here a reference to a theoretical right of the _Senate_ to concur in legislation?]

[Footnote 613: 'Et usualia jura publica.' Dahn expands: 'All other juristic material, all sources of law--Roman _leges_ and _jus_, and Gothic customary law--the whole inheritance of the State in public and private law.']

'And these laws are so scrupulously guarded that our own oath is interposed for their defence. Why enlarge further? Let the usual rule of law and the honest intent of our precepts be everywhere observed.'

19. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.

[Sidenote: Promulgation of the Edict.]

'Good laws are called forth by evil manners. If no complaints were ever heard, the Prince might take holiday. Stirred up by many and frequent complaints of our people, we have drawn up certain regulations necessary for the Roman peace, in our edict which is divided into twelve chapters, after the manner of the civil law[614].

We do not thereby abrogate, but rather confirm, the previously existing body of law.

[Footnote 614: 'Necessaria quaedam Romanae quieti edictali programmate duodecim capitibus sicut jus civile legitur inst.i.tutum in aevum servanda conscripsimus, quae custodita residuum jus non debilitare, sed potius corroborare videantur.']

'Let this edict be read in your splendid a.s.sembly, and exhibited for thirty days by the Praefect of the City in the most conspicuous places. Thus shall our _civilitas_ be recognised, and truculent men lose their confidence. What insolent subjects[615] can indulge in violence when the Sovereign condemns it? Our armies fight that there may be peace at home. Let the Judges do their duty fearlessly, and avoid foul corruption.'

[Footnote 615: Evidently aimed at the Goths.]

20. KING ATHALARIC TO ALL THE JUDGES OF THE PROVINCES.

[Sidenote: The same subject.]

'It is vexatious that, though we appoint you year by year to your duties, and leave no district without its Judge, there is yet such tardiness in administering justice that suitors come by preference to our distant Court.

'To take away all excuse from you, and relieve the necessity of our subjects, we have drawn up an edict which we desire you to exhibit for thirty days in the wonted manner at all places of public meeting.'

21. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.

[Sidenote: Increase of salaries of grammarians.]

'You who are called Fathers should be interested in all that concerns the education of your sons. We hear by certain whisperings that the teachers of eloquence at Rome are not receiving their proper reward, and that the sums appointed to be paid to the masters of schools are lessened by the haggling of some persons.

'Grammar is the n.o.ble foundation of all literature, the glorious mother of eloquence. As a virtuous man is offended by any act of vice, as a musician is pained by a discordant note, so does the grammarian in a moment perceive a false concord.

'The grammatical art is not used by barbarous kings: it abides peculiarly with legitimate sovereigns[616]. Other nations have arms: the lords of the Romans alone have eloquence. Hence sounds the trumpet for the legal fray in the Forum. Hence comes the eloquence of so many chiefs of the State. Hence, to say nothing more, even this discourse which is now addressed to you[617].

[Footnote 616: 'Hac non utuntur barbari reges: apud legales dominos manere cognoscitur singularis.']