The Letters of Cassiodorus: Being a Condensed Translation of the Variae Epistolae of Magnus Aurelius Cassiodorus SenatorCassiodorus, Senator
History
The Letters of Cassiodorus: Being a Condensed Translation of the Variae Epistolae of Magnus Aurelius Cassiodorus Senator
Cassiodorus, Senator
Goths -- Italy; Italy -- History -- 476-1268
'For the gift of kingly power we owe an infinite debt to God, whose
ministers ye are.
'Ye state in your tearful memorial to us that it has been an ordinance
of long custom that anyone who has a suit of any kind against a
servant of the sacrosanct Roman Church should first address himself to
the chief Priest of that City, lest haply your clergy, being profaned
by the litigation of the Forum, should be occupied in secular rather
than religious matters. And you add that one of your Deacons has, to
the disgrace of religion, been so sharply handled by legal process
that the Sajo[548] has dared actually to take him into his own
custody.
[Footnote 548: In the text, 'Sajus.']
'This dishonour to the Ministers of holy things is highly displeasing
to our inborn reverence, yet we are glad that it gives us the
opportunity of paying part of our debt to Heaven.
'Therefore, considering the honour of the Apostolic See, and wishing
to meet the desires of the petitioners, we by the authority of this
letter decree in regular course[549]:
[Footnote 549: 'Praesenti auctoritate moderato ordine definimus.' Dahn
interprets 'moderato ordine,' 'not so absolutely as the Roman clergy
desires.' Is not this to attribute rather too much force to the
conventional language of Cassiodorus?]
'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 petitioner shall have been evaded, then may
he come to the secular courts with his grievance, when he can prove
that his petitions 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 sanctitatis agnoscat, aut causam deleget
aequitatis studio terminandam: et si forte, quod credi nefas est,
competens desiderium fuerit petitoris elusum, tuno ad saecularia fora
jurgaturus occurrat, quando suas petitiones 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 [L400], 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.
Public-domain text, read in full here on John Shaqi.
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