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
'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, 'Koenige 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 petitions.]
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 anticipated 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 Cassiodorus'
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 title, 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 fortassis 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 assigned the said house,
100 lbs. of gold (L4,000) by way of penalty.'
Public-domain text, read in full here on John Shaqi.
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