: 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.

'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.

[Footnote 612: 'Quae sunt venerabili deliberatione firmata.' Is it
possible that we have here a reference to a theoretical right of the
_Senate_ to concur in legislation?]

[Footnote 613: 'Et usualia jura publica.' Dahn expands: 'All other
juristic material, all sources of law--Roman _leges_ and _jus_, and
Gothic customary law--the whole inheritance of the State in public and
private law.']

'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.'

19. KING ATHALARIC TO THE SENATE OF THE CITY OF ROME.

[Sidenote: Promulgation of the Edict.]

'Good laws are called forth by evil manners. If no complaints were
ever heard, the Prince might take holiday. Stirred up by many and
frequent complaints of our people, we have drawn up certain
regulations necessary for the Roman peace, in our edict which is
divided into tw