18. The Edict of Athalaric.

[This edict is minutely examined by Dahn ('Könige der Germanen' iv. 123-135). I have adopted his division of paragraphs, though rather disposed to think that the 'De Donationibus' should be broken up into two, to prevent counting the Epilogue as a section. See also Manso ('Geschichte der Ostrogothen' 405-415).]

Edict of Athalaric.

'Prologue. This edict is a general one. No names are mentioned in it, and those who are conscious of innocence need take no offence at anything contained therein.

'For long an ominous whisper has reached our ears that certain persons, despising civilitas, affect a life of beastly barbarism[607], returning to the wild beginnings of society, and looking with a fierce hatred on all human laws. The present seems to us a fitting time for repressing these men, in order that we may be hunting down vice and immorality within the Republic at the same time that, with God's help, we are resisting her external foes. Both are hurtful, both have to be repelled; but the internal enemy is even more dangerous than the external. One, however, rests upon the other; and we shall more easily sweep down the armies of our enemies if we subdue under us the vices of the age. [This allusion to foreign enemies is perhaps explained by the hint in Jordanes ('De Reb. Get.' 59) of threatened war with the Franks. But he gives us no sufficient indication of time to enable us to fix the date of the Edictum.]

'I. Forcible Appropriation of Landed Property [608] (Pervasio). This is a crime which is quite inconsistent with civilitas, and we remit those who are guilty of it to the punishment[609] provided by a law of Divus Valentinianus [Valentinian III. Novell. xix. 'De Invasoribus'], adding that if anyone is unable to pay the penalty therein provided he shall suffer banishment (deportatio). He ought to have been more chary of disobeying the laws if he had no means to pay the penalty. Judges who shrink from obeying this law, and allow the Pervasor to remain in possession of what he has forcibly annexed, shall lose their offices and be held liable to pay to our Treasury the same fine which might have been exacted from him. If the Pervasor sets the Judge's official staff (officium) at defiance, on the report of the Judge our Sajones will make him feel the weight of the royal vengeance who refused to obey the [humbler] Cognitor.

'II. Affixing Titles to Property. [When land had from any cause become public property, the Emperor's officers used to affix tituli, to denote the fact and to warn off all other claimants. Powerful men who had dispossessed weaker claimants used to imitate this practice, and are here forbidden to do so.]

'This offence shall subject the perpetrator to the same penalties as pervasio. It is really a kind of sacrilege to try to add the majesty of the royal name to the weight of his own oppression. Costs are to be borne by the defeated claimant.

'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.

'V. Adultery. All the statutes of the late King (divalis commonitio) in this matter are to be strictly observed. [Edict. Theodorici, § 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].

'VIII. Donations are not to be extorted by terror, nor acquired by fraud, or as the price of immorality. Where a gift is bonâ 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.

'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.

'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.'