rd even were he not our cousin--a man who is not puffed up by any
pride of his noble birth, humble in his modesty, always uniform in his
prudence? Therefore instruct the Cartarii of your office to make over
the aforesaid farms to his Actores without delay[547].'

[Footnote 547: Cf. the formalities connected with Odovacar's deed of
gift to Pierius (Marini, Pap. Diplom. 82, 83), quoted in Italy and her
Invaders iii. 165.]

24. KING ATHALARIC TO THE CLERGY OF THE ROMAN CHURCH.

[Sidenote: Ecclesiastical immunities.]

'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