[27] Pisa was taken by the Florentines in the year 1406; and in 1411 the

_Pandects_ were transported to the capital. These events are authentic

and famous.

[28] They were new bound in purple, deposited in a rich casket, and

shown to curious travellers by the monks and magistrates bareheaded and

with lighted tapers.

[29] Gibbon, dividing the _Institutes_ into four parts, considers the

appendix of the criminal law in the last title as a fourth part.

[30] This parental power was strictly confined to the Roman citizen. The

foreigner, or he who had only _jus Latii_, did not possess it. If a

Roman citizen unknowingly married a Latin or a foreign wife, he did not

possess this power over his son, because the son, following the legal

condition of the mother, was not a Roman citizen. A man, however,

alleging sufficient cause for his ignorance, might raise both mother and

child to the rights of citizenship.

[31] The edict of Constantine first conferred this right; for Augustus

had prohibited the taking as a concubine a woman who might be taken as a

wife; and if marriage took place afterward, this marriage made no change

in the rights of the children born before it; recourse was then had to

adoption, properly called arrogation.

[32] The Roman laws protected all property acquired in a lawful manner.

They imposed on those who had invaded it, the obligation of making

restitution and reparation of all damage caused by that invasion; they

punished it moreover, in many cases, by a pecuniary fine. But they did

not always grant a recovery against the third person, who had become

_bona fide_ possessed of the property. He who had obtained possession of

a thing belonging to another, knowing nothing of the prior rights of

that person, maintained the possession. The law had expressly determined

those cases, in which it permitted property to be reclaimed from an

innocent possessor. In these cases possession had the characters of

absolute proprietorship. To possess this right, it was not sufficient to

have entered into possession of the thing _in any manner_; the

acquisition was bound to have that character of publicity, which was

given by the observation of solemn forms, prescribed by the laws, or the

uninterrupted exercise of proprietorship during a certain time: the

Roman citizen alone could acquire this proprietorship. Every other kind

of possession, which might be named imperfect proprietorship, was called

_in bonis habere_. It was not till after the time of Cicero that the

general name of _dominium_ was given to all proprietorship.

[33] Justinian has not condescended to give usury a place in his

_Institutes_; but the necessary rules and restrictions are inserted in

the _Pandects_ and the _Code_.

[34] Cato, Seneca, Plutarch, have loudly condemned the practice or abuse

of usury. According to etymology, the principal is supposed to

_generate_ the interest: "A breed for barren metal," exclaims

Shakspeare--and the stage is an echo of the public voice.

[35] Livy mentions two remarkable and flagitious eras, of three thousand

persons accused, and of one hundred and ninety noble matrons convicted,

of the crime of poisoning. Hume discriminates the ages of private and

public virtue. Rather say that such ebullitions of mischief (as in

France in the year 1680) are accidents and prodigies which leave no

marks on the manners of a nation.

[36] The first parricide at Rome was L. Ostius, after the Second Punic

War. During the Cimbric, P. Malleolus was guilty of the first matricide.

[37] Verres lived near thirty years after his trial, till the Second

Triumvirate, when he was proscribed by the taste of Mark Antony for the

sake of his Corinthian plate.

[38] Montesquieu, that eloquent philosopher, conciliates the rights of

liberty and of nature, which should never be placed in opposition to

each other.

[39] We are indebted for this interesting fact to a fragment of Asconius

Pedianus, who flourished under the reign of Tiberius. The loss of his

_Commentaries on the Orations of Cicero_ has deprived us of a valuable

fund of historical and legal knowledge.

[40] The extension of the Empire and _city_ of Rome obliged the exile to

seek a more distant place of retirement.

[41] When he fatigued his subjects in building the Capitol, many of the

laborers were provoked to despatch themselves: he nailed their dead

bodies to crosses.

[42] The sole resemblance of a violent and premature death has engaged

Vergil to confound suicides with infants, lovers, and persons unjustly

condemned. Some of his editors are at a loss to deduce the idea or

ascertain the jurisprudence of the Roman poet.

AUGUSTINE'S MISSIONARY WORK IN ENGLAND

A.D. 597

THE VENERABLE BEDE[43] JOHN RICHARD GREEN

St. Augustine was the first archbishop of Canterbury. He was

educated in Rome under Pope Gregory I, by whom he was sent to

Britain with forty monks of the Benedictine order, for the purpose

of converting the English to Christianity. Bertha, wife of

Ethelbert, king of Kent, was a Christian. She was a daughter of

Charibert, king of Paris, and had brought her chaplain with her,

who held services in the ruined church of St. Martin, near

Canterbury.

There seemed little prospect, however, of the faith spreading among

the wild islanders until Augustine arrived on the Isle of Thanet

A.D. 596. The occasion of his being sent on this missionary errand

is said to have been connected with an incident which has often

been related, wherein it appears that Gregory, while yet a monk,

struck with the beauty of some heathen Anglo-Saxon youths exposed

for sale in the slave market at Rome, inquired concerning their

nationality. Being told that they were Angles, he said: "_Non Angli

sed angeli_ ['Not Angles, but angels'], and well may, for their

angel-like faces it becometh such to be coheirs with the angels in

heaven. In what province of England do they live?" "Deira" was the

reply. "From _Dei ira_ ['God's wrath'] are they to be freed?"

answered Gregory. "How call ye the king of that country?" "Ælla."

"Then Alleluia surely ought to be sung in his kingdom to the praise

of that God who created all things," said the gracious and clever

monk.

"The conversion of the English to Christianity," says Freeman, "at

once altered their whole position in the world. Hitherto our

history had been almost wholly insular; our heathen forefathers had

had but little to do, either in war or peace, with any nations

beyond their own four seas. We hear little of any connection being

kept up between the Angles and Saxons who settled in Britain, and

their kinsfolk who abode in their original country. By its

conversion England was first brought, not only within the pale of

the Christian Church, but within the pale of the general political

society of Europe. But our insular position, combined with the

events of our earlier history, was not without its effect on the

peculiar character of Christianity as established in England.

England was the first great territorial conquest of the spiritual

power, beyond the limits of the Roman Empire, beyond the influence

of Greek and Roman civilization."

The following account from the _Ecclesiastical History_ of the

Venerable Bede, the "father of English history," and foremost

scholar of England in his age, is in the modern English rendering

by Thomson, of King Alfred's famous translation, made for the

instruction of the English people as the best work of that period

on their own history.

As a contrast John Richard Green's treatment of the same episode is

appended.

THE VENERABLE BEDE

When according to forthrunning time [it] was about five hundred and

ninety-two years from Christ's hithercoming, Mauricius, the Emperor,

took to the government, and had it two-and-twenty years. He was the

fifty-fourth from Augustus. In the tenth year of that Emperor's reign,

Gregory, the holy man, who was in lore and deed the highest, took to the

bishophood of the Roman Church, and of the apostolic seat, and held and

governed it thirteen years and six months and ten days. In the

fourteenth year of the same Emperor, about a hundred and fifty years

from the English nation's hithercoming into Britain, he was admonished

by a divine impulse that he should send God's servant Augustine, and

many other monks with him, fearing the Lord, to preach God's word to the

English nation.

When they obeyed the bishop's commands, and began to go to the mentioned

work, and had gone some deal of the way, then began they to fear and

dread the journey, and thought that it was wiser and safer for them that

they should rather return home than seek the barbarous people, and the

fierce and the unbelieving, even whose speech they knew not; and in

common chose this advice to themselves; and then straightway sent

Augustine (whom they had chosen for their bishop if their doctrines

should be received) to the Pope, that he might humbly intercede for

them, that they might not need to go upon a journey so perilous and so

toilsome, and a pilgrimage so unknown.

Then St. Gregory sent a letter to them, and exhorted and advised them in

that letter: that they should humbly go into the work of God's word, and

trust in God's help; and that they should not fear the toil of the

journey, nor dread the tongues of evil-speaking men; but that, with all

earnestness, and with the love of God, they should perform the good

things which they by God's help had begun to do; and that they should

know that the great toil would be followed by the greater glory of

everlasting life; and he prayed Almighty God that he would shield them

by his grace; and that he would grant to himself that he might see the

fruit of their labor in the heavenly kingdom's glory, because he was

ready to be in the same labor with them, if leave had been given him.

Then Augustine was strengthened by the exhortation of the blessed father

Gregory, and with Christ's servants who were with him returned to the

work of God's word, and came into Britain. Then was at that time

Ethelbert king in Kent, and a mighty one, who had rule as far as the

boundary of the river Humber, which sheds asunder the south folk of the

English nation and the north folk. Then [there] is on the eastward of

Kent a great island [Thanet by name], which is six hundred hides large,

after the English nation's reckoning. The isle is shed away from the

continuous land by the stream Wantsum, which is three furlongs broad,

and in two places is fordable, and either end lies in the sea. On this

isle came up Christ's servant Augustine and his fellows--he was one of

forty. They likewise took with them interpreters from Frankland

[France], as St. Gregory bade them; and he sent messengers to Ethelbert,

and let him know that he came from Rome, and brought the best errand,

and whosoever would be obedient to him, he promised him everlasting

gladness in heaven, and a kingdom hereafter without end, with the true

and living God.

When [he then] the King heard these words, then ordered he them to abide

in the isle on which they had come up; and their necessaries to be there

given them until he should see what he would do to them. Likewise before

that a report of the Christian religion had come to him, for he had a

Christian wife, who was given to him from the royal kin of the

Franks--Bertha was her name; which woman he received from her parents on

condition that she should have his leave that she might hold the manner

of the Christian belief, and of her religion, unspotted, with the bishop

whom they gave her for the help of that faith; whose name was Luidhard.

Then [it] was after many days that the King came to the isle, and

ordered to make a seat for him out [of doors], and ordered Augustine

with his fellows to come to his speech (a _conference_). He guarded

himself lest they should go into any house to him; he used the old

greeting, in case they had any magic whereby they should overcome and

deceive him. But they came endowed--not with devil-craft, but with

divine might. They bore Christ's rood-token--a silvern cross of Christ

and a likeness of the Lord Jesus colored and delineated on a board; and

were crying the names of holy men; and singing prayers together, made

supplication to the Lord for the everlasting health of themselves and of

those to whom they come.

Then the King bade them sit, and they did so; and they soon preached and

taught the word of life to him, together with all his peers who were

there present. Then answered the King, and thus said: Fair words and

promises are these which ye have brought and say to us; but because they

are new and unknown, we cannot yet agree that we should forsake the

things which we for a long time, with all the English nation, have held.

But because ye have come hither as pilgrims from afar, and since it

seems and is evident to me that ye wished to communicate to us also the

things which ye believed true and best, we will not therefore be heavy

to you, but will kindly receive you in hospitality, and give you a

livelihood, and supply your needs. Nor will we hinder you from joining

and adding to the religion of your belief all whom you can through your

lore.

Then the King gave them a dwelling and a place in Canterbury, which was

the chief city of all his kingdom, and as he had promised to give them a

livelihood and their worldly needs, he likewise gave them leave that

they might preach and teach the Christian faith. It is said that when

they went and drew nigh to the city, as their custom was, with Christ's

holy cross, and with the likeness of the great King our Lord Jesus

Christ, they sung with a harmonious voice this Litany and Antiphony:

_Deprecamur te_, etc. "We beseech thee, Lord, in all thy mercy, that thy

fury and thy wrath be taken off from this city and [from] thy holy

house, because we have sinned. Alleluia."

Then it was soon after they had entered into the dwelling place which

had been granted to them in the royal city, when they began to imitate

the apostolic life of the primitive church--that is, served the Lord in

constant prayers, and waking and fasting, and preached and taught God's

word to whom they might, and slighted all things of this world as

foreign; but those things only which were seen [to be] needful for their

livelihood they received from those whom they taught; according to that

which they taught, they [themselves] through everything lived; and they

had a ready mind to suffer adversity, yea likewise death [it] self, for

the truth which they preached and taught. Then was no delay that many

believed and were baptized. They also wondered at the simplicity of

[their] harmless life and the sweetness of their heavenly lore.

There was by east well-nigh the city a church built in honor of St.

Martin long ago, while the Romans yet dwelt in Britain [in which church

the Queen (was) wont to pray, of whom we said before that she was a

Christian]. In this church at first the holy teachers began to meet and

sing and pray, and do mass-song, and teach men and baptize, until the

King was converted to the faith, and they obtained more leave to teach

everywhere, and to build and repair churches.

Then came it about through the grace of God that the King likewise among

others began to delight in the cleanest life of holy [men] and their

sweetest promises, and they also gave confirmation that those were true

by the showing of many wonders; and he then, being glad, was baptized.

Then began many daily to hasten and flock together to hear God's word,

and to forsake the manner of heathenism, and joined themselves, through

belief, to the oneness of Christ's holy Church. Of their belief and

conversion [it] is said that the King was so evenly glad that he,

however, forced none to the Christian manner [of worship], but that

those who turned to belief and to baptism he more inwardly loved, as

they were fellow-citizens of the heavenly kingdom. For he had learnt

from his teachers and from the authors of his health that Christ's

service should be of good will, not of compulsion. And he then, the

King, gave and granted to his teachers a place and settlement suitable

to their condition, in his chief city, and thereto gave their needful

supplies in various possessions.

During these things the holy man Augustine fared over sea, and came to

the city Arles, and by Ætherius, archbishop of the said city, according

to the behest and commandment of the blessed father St. Gregory, was

hallowed archbishop of the English people, and returned and fared into

Britain, and soon sent messengers to Rome, that was Laurence a

mass-priest and Peter a monk, that they should say and make known to the

blessed St. Gregory that the English nation had received Christ's

belief, and that he had been consecrated as bishop. He likewise

requested his advice about many causes and questions which were seen by

him [to be] needful; and he soon sent suitable answers of them.

Asked by St. Augustine, bishop of the church of Canterbury: First, of

bishops, how they shall behave and live with their fellows. Next, on the

gifts of the faithful which they bring to holy tables and to God's

churches--how many doles of them shall be?

Answered by Pope St. Gregory: Holy writ makes it known, quoth he, which

I have no doubt thou knowest, and sunderly the blessed Paul's epistle,

which he wrote to Timothy, in which he earnestly trained and taught him

how he should behave and do in God's house. For it is the manner of the

apostolic seat, when they hallow bishops, that they give them

commandments, and that of all the livelihood which comes in to them

there shall be four doles. One, in the first place, to the bishop and

his family for food, and entertainment of guests and comers; a second

dole to God's servants; a third to the needy; the fourth to renewing and

repair of God's church. But because thy brotherliness has been trained

and taught in monastic rules, thou shalt not, however, be asunder from

thy fellows in the English church, which now yet is newly come and led

to the faith of God. This behavior and this life thou shalt set up,

which our fathers had in the beginning of the new-born church, when none

of them said aught of that which they owned was his in sunder; but they

all had all things common. If, then, any priests or God's servants are

settled without holy orders, let those who cannot withhold themselves

from women take them wives, and receive their livelihood outside. For of

the same fathers, of whom we spoke before, [it] is written that they

dealt their worldly goods to sundry men as every [one] had need.

Likewise concerning their livelihood it is to be thought and foreseen

(_i.e., provided_) that they live in good manners under ecclesiastical

rules, and sing psalms and keep wakes and hold their hearts and tongues

and bodies clean from all forbidden [things] to Almighty God. But, as to

those living in common life, what have we to say how they deal their

alms, or exercise hospitality, and fulfil mercy? since all that is left

over in their worldly substance is to be reached and given to the pious

and good, as the master of all, our Lord Christ, taught and said: _Quod

superest_, etc. "What is over and left, give alms, and to you are all

[things] clean."

Asked by St. Augustine: Since there is one faith, and are various

customs of churches, there is one custom of mass-song in the holy Roman

Church, and another is had in the kingdom of Gaul.

Answered by Pope St. Gregory: Thou thyself knowest the manner and custom

of the Roman Church, in which thou wert reared; but now it seems good,

and is more agreeable to me, that whatsoever thou hast found either in

the Roman Church or in Gaul, or in any other [church], that was more

pleasing to Almighty God, thou should carefully choose that, and set it

to be held fast in the Church of the English nation, which now yet is

new in the faith. For the things are not to be loved for places; but the

places for good things. Therefore what things thou choosest as pious,

good, and right from each of sundry churches, these gather thou

together, and settle into a custom in the mind of the English nation.

Asked by Augustine: I pray thee, what punishment shall he

suffer--whosoever takes away anything by stealth from a church?

Answered by Gregory: This may thy brotherliness determine from the

thief's condition, how he may be corrected. For there are some who have

worldly wealth, and yet commit theft; there are some who are in this

wise guilty through poverty. Therefore need is that some be corrected by

waning of their worldly goods, some by stripes; some more sternly, some

more mildly. And though the punishment be inflicted a little harder or

sterner, yet it is to be done of love, not of wrath nor of fury; because

through the throes of this is procured to the man that he be not given

to the everlasting fires of hell-torments. For in this manner we ought

to punish men, as the good fathers are wont [to do] their fleshly

children, whom they chide and swinge for their sins; and yet those same

whom they chide and chastise by these pains they also love, and wish to

have for their heirs, and for them hold their worldly goods which they

possess, whom they seem in anger to persecute and torment. For love is

ever to be held in the mind, and it dictates and determines the measure

of the chastisement, so that the mind does nothing at all beside the

right rule. Thou likewise addest in thy inquiry, how those things should

be compensated which have been taken away from a church by theft. But,

oh! far be it that God's Church should receive with increase what she

seems to let alone of earthly things, and seek worldly gain by vain

things.

Asked by Bishop St. Augustine: At what generation shall Christian people

be joined among themselves in marriage with their kinsfolk?... Answered

by St. Gregory: ... But because there are many in the English nation

[who], while they were then yet in unbelief, are said to have been

joined together in this sinful marriage,[44] now they are to be

admonished, since they have come to the faith, that they hold themselves

off from such iniquities, and understand that it is a heavy sin, and

dread the awful doom of God, lest they for fleshly love receive the

torments of everlasting death. They are not, however, for this cause to

be deprived of the communion of Christ's body and blood, lest this thing

may seem to be revenged on them, in which they through unwittingness

sinned before the bath of baptism. For at this time the Holy Church

corrects some things through zeal, bears with some through mildness,

overlooks some through consideration, and so bears and overlooks that

often by bearing and overlooking she checks the opposing evil. All those

who come to the faith of Christ are to be reminded that they may not

dare to commit any such thing. But, if any shall commit them, then are

they to be deprived of Christ's body and blood; for, as some little is

to be borne with in regard to those men who through unwittingness

commit sin, so on the other hand it is to be strongly pursued in those

who dread not to sin wittingly.

Asked by Bishop St. Augustine: If a great distance of journey lies

between, so that bishops may not easily come, whether may a bishop be

hallowed without the presence of other bishops.

Answered by Gregory: In the English Church, indeed, in which thou alone

as yet art found a bishop, thou canst not hallow a bishop otherwise than

without other bishops; but bishops must come to thee out of the kingdom

of Gaul, that they may stand as witness at the bishop's hallowing, for

the hallowing of bishops must not be otherwise than in the assembling

and witnessing of three or four bishops, that they may send [up] and

pour [forth] their petitions and prayers to the Almighty God for his

favor.

Asked by Augustine: How must we do with the bishops of Gaul and Britain?

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