, 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.

'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: 'Prof