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
'III. _Suppression of Words in a Decree._ Anyone obtaining a decree
against an adversary is to be careful to suppress nothing in the copy
which he serves upon him. If he does so, he shall lose all the
benefits that he obtained. We wish to help honest men, not rogues.
'IV. _Seduction of a Married Woman._ He who tries to interfere with
the married rights of another, shall be punished by inability to
contract a valid marriage himself. [This punishment of compulsory
celibacy is, according to Dahn, derived neither from Roman nor German
law, but is possibly due to Church influence.] The offender who has no
hope of present or future matrimony[610] shall be punished by
confiscation of half his property; or, if a poor man, by banishment.
[Footnote 610: 'Illis quos spes non habet praesentis conjugii vel
futuri.' It is not easy to see how the Judge could ascertain whether a
man belonged to this claim or not.]
'V. _Adultery_. All the statutes of the late King (divalis commonitio)
in this matter are to be strictly observed. [Edict. Theodorici, Sec. 38,
inflicted the penalty of death on both offenders and on the abettors
of the crime.]
'VI. _Bigamy_ is to be punished with loss of all the offender's
property.
'VII. _Concubinage._ If a married man forms a connection of this kind
with a free woman, she and all her children shall become the slaves
of the injured wife. If with a woman who is a slave already, she shall
be subjected to any revenge that the lawful wife likes to inflict upon
her, short of blood-shedding[611].
[Footnote 611: 'Quod si ad tale flagitium ancilla pervenerit, excepta
poena sanguinis, matronali subjaceat ultioni: ut illam patiatur
judicem, quam formidare debuisset absentem.' These provisions are
probably of Germanic origin.]
'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
document 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.
Public-domain text, read in full here on John Shaqi.
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