TIUS, VIR ILLUSTRIS, PRAEFECT OF THE CITY.
[Sidenote: The same subject.]
Rehearses the motives of the previous edict, and directs that both it
and the Senatus Consulta having reference to the same subject [and
framed two years previously], be engraved on marble tablets, and fixed
up in a conspicuous place, before the Atrium of St. Peter the Apostle.
17. KING ATHALARIC TO THE SAME (BETWEEN 532 AND 534).
[Sidenote: Release of two Roman citizens accused of sedition.]
'We cannot bear that there should be sadness in Rome, the head of the
world. We hear with regret from the Apostolic Pope John, and other
nobles, that A and B, who are Romans, on a mere suspicion of sedition
are being macerated by so long imprisonment that the whole city mourns
for them; no gladness of a holyday and no respect for the Papal
name[606] (which is most dear to us) availing to mitigate their
confinement. This treatment of persons against whom no crime has been
proved distresses us much, and we admonish your Greatness, wherever
you may succeed in finding them, to set them free. If, confident in
their innocence, they think that they have been unjustly tormented, we
give them liberty to make their appeal to the laws. Judges were
raised to their high estate, not to oppress but to defend the
innocent.
[Footnote 606: 'Nec ulla--quae apud nos est gratissima--nominis sui
dignitas subveniret.' I think _sui_ must refer to the
recently-mentioned _Papa Johannes_.]
'Now let the Romans return to their ancient gladness; nor let them
think that any [rulers] please us but those who seek to act with
fairness and moderation. Let them understand that our forefathers
underwent labours and dangers that _they_ might have rest; and that we
are expending large sums in order that they may rejoice with garrulous
exultation. For even if they have before now suffered some rough and
unjust treatment, let them not believe that that is a thing to be
neglected by our Mildness. No; for we give ourselves no rest, that
they may enjoy secure peace and calm gladness. Let them understand at
once that _we_ cannot love the men whose excesses have made them
terrible to our subjects. Whose favour do those men expect to win who
have earned the dislike of their fellow-citizens? They might have
reaped a harvest of the public love, and instead thereof they have so
acted that their names are justly held in execration.'
18. THE EDICT OF ATHALARIC.
[This edict is minutely ex
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