To Peter, Subdeacon of Sicily.
Gregory to Peter, etc.
With regard to our having so long delayed sending off your messenger, we have been so occupied with the engagements of the Paschal festival that we have been unable to let him go sooner. But, with regard to the questions on which you have desired instruction, you will learn below how, after fully considering them all, we have determined them.
We have ascertained that the peasants of the Church are exceedingly aggrieved in respect of the prices of grain, in that the sum appointed them to pay is not kept in due proportion in times of plenty. And it is our will that in all times, whether the crops of grain be more or less abundant, the measure of proportion be according to the market price. It is our will also that grain which is lost by shipwreck be fully accounted for; but on condition that there be no neglect on your part in transmitting it; lest, the proper time for transmitting it being allowed to pass by, loss should ensue from your fault. Moreover, we have seen it to be exceedingly wrong and unjust that anything should be received from the peasants of the Church in the way of sextariatics , or that they should be compelled to give a larger modius than is used in the granaries of the Church. Wherefore we enjoin by this present warning that grain may never be received from the peasants of the Church in modii of more than eighteen sextarii; unless perchance there be anything that the sailors are accustomed to receive over and above, the consumption of which on board ship they themselves attest.
We have also ascertained that on some estates of the Church a most unjust exaction is practised, in that three and a half [modii] in seventy are demanded by the farmers —a thing shameful to be spoken of. And yet even this is not enough; but something besides is said to be exacted according to a custom of many years. This practice we altogether detest, and desire it to be utterly extirpated from the patrimony. But, whether in this or in other minute imposts, let your Experience consider what is paid too much per pound, and what is in any way unfairly received from the peasants; and reduce all to a fixed payment, and, so far as the powers of the peasants go, let them make a payment in gross amounting to seventy-two : and let neither grains beyond the pound, nor an excessive pound, nor any further imposts beyond the pound, be exacted; but, through your valuation, according as there is ability to pay, let the payment be made up to a certain sum, that so there may be in no wise any shameful exaction. But, lest after my death these very imposts, which we have disallowed as extras but allowed in augmentation of the regular payments, should again in any way be put on additionally, and so the sum of the payment should be found to be increased and the peasants be compelled to pay additional charges over and above what is due, we desire you to draw up charters of security, to be signed by you, declaring that each person is to pay such an amount, to the exclusion of grains (siliquæ), imposts, or granary dues. Moreover, whatever out of these several items used to accrue to the rector [sc. patrimonii], we will that by virtue of this present order it shall accrue to you out of the total sum paid.
Before all things we desire you carefully to attend to this; that no unjust weights be used in exacting payments. If you should find any, break them and cause true ones to be made. For my son the servant of God, Diaconus, has already found such as displeased him; but he had not liberty to change them. We will, then, that, saving excepted cibaria of small value , nothing else beyond the just weights be exacted from the husbandmen of the Church.
Further, we have ascertained that the first charge of burdatio exceedingly cripples our peasants, in that before they can sell the produce of their labour they are compelled to pay taxes; and, not having of their own to pay with, they borrow from public pawnbrokers , and pay a heavy consideration for the accommodation; whence it results that they are crippled by heavy expenses. Wherefore we enjoin by this present admonition that your Experience advance to them from the public fund all that they might have borrowed from strangers, and that it be repaid by the peasants of the Church by degrees as they may have wherewith to pay, lest, while for a time in narrow circumstances, they should sell at too cheap a rate what might afterwards have sufficed for the payment of the due, and even so not have enough.
It has come to our knowledge also that immoderate fees are received on the marriages of peasants: concerning which we order that no marriage fees shall exceed the sum of one solidus. If any are poor, they should give even less; but if any are rich, let them by no means exceed the aforesaid sum of a solidus. And we desire no part of these marriage fees to be credited to our account, but that they should go to the benefit of the farmer (conductorem).
We have also ascertained that when some farmers die their relatives are not allowed to succeed them, but that their goods are withdrawn to the uses of the Church: with regard to which thing we decree that the relatives of the deceased who live on the property of the Church shall succeed them as their heirs, and that nothing shall be withdrawn from the substance of the deceased. But, if any one should leave young children, let discreet persons be chosen to take charge of their parents' goods, till they come to such an age as to be able to manage their own property.
We have ascertained also that, if any one of a family has committed a fault, he is required to make amends, not in his own person, but in his substance: concerning which practice we order that, whosoever has committed a fault, he shall be punished in his own person as he deserves. Moreover, let no present (commodum) be received from him, unless perchance it be some trifle which may go to the profit of the officer who may have been sent to him. We have ascertained also that, as often as a farmer has taken away anything unjustly from his husbandman, it is indeed required from the farmer, but not restored to him from whom it was taken: concerning which thing we order that whatever may have been taken away by violence from any one of a family be restored to him from whom it was taken away, and not accrue to our profit, lest we ourselves should seem to be abettors of violence. Furthermore, we will that, if your Experience should at any time dispatch those who are under your command in causes that arise beyond the limits of the patrimony, they may indeed receive small gratuities from those to whom they are sent; yet so that they themselves may have the advantage of them: for we would not have the treasury of the Church defiled by base gains. We also command your Experience to see to this: that farmers never be appointed on the estates of the Church for a consideration (commodum); lest, a consideration being looked for, the farmers should be frequently changed; of which changing what else is the result but that the Church farms are never cultivated? But lest also the leases [i.e. by the Church to the farmers] be adjusted according to the sum of the payments due. We desire you to receive no more from the estates of the Church on account of the store-houses and stores beyond what is customary; but let your own stores which we have ordered to be procured be procured from strangers.
It has come to our ears that three pounds of gold have been unjustly taken away from Peter the farmer of Subpatriana; concerning which matter examine closely Fantinus the guardian (defensorem ); and, if they have manifestly been unjustly and improperly taken, restore them without any delay. We have also ascertained that the peasants have paid a second time the burdation which Theodosius had exacted from them but had failed to pay over, so that they have been taxed twice. This was done because his substance was not sufficient for meeting his debt to the Church. But, since we are informed through our son, the servant of God Diaconus, that this deficiency can be made good out of his effects, we will that fifty-seven solidi be repaid to the peasants without any abatement, lest they should be found to have been taxed twice over. Moreover, if it is the case that forty solidi of his effects remain over and above what will indemnify the peasants (which sum you are said also to have in your hands), we will that they be given to his daughter, to enable her to recover her effects which she had pawned. We desire also her father's goblet (batiolam) to be restored to her.
The glorious magister militum Campanianus had left twelve solidi a year out of the Varronian estate to his notary John; and this we order you to pay every year without any hesitation to the granddaughter of Euplus the farmer, although she may have received all the chattels of the said Euplus, except perhaps his cash; and we desire you also to give her out of his cash five-and-twenty solidi. A silver saucer is said to have been pawned for one solidus, and a cup for six solidi. After interrogating Dominicus the secretary, or others who may know, redeem the pledge, and restore the aforesaid little vessels.
We thank your Solicitude for that, after I had enjoined you, in the business of my brother, to send him back his money, you have so consigned the matter to oblivion as if something had been said to you by the last of your slaves. But now let even your Negligence— I cannot say your Experience— study to get this done; and whatever of his you may find to be in the hands of Antoninus send back to him with all speed.
In the matter of Salpingus the Jew a letter has been found which we have caused to be forwarded to you, in order that, after reading it and becoming fully acquainted with his case and that of a certain widow who is said to be implicated in the same business, you may make answer as may appear to you just concerning the fifty-one solidi which are known to be returnable, so that the creditors may in no way be defrauded unjustly of the debts due to them.
A moiety of his legacy has been given to Antoninus; a moiety will be redeemed: which moiety we desire to be made up to him out of the common substance; and not to him only, but also to the guardians (defensoribus) and strangers (pergrinis) to whom he [the testator] has left anything under the title of a legacy. To the family (familiæ) also we desire the legacy to be paid; which, however, is our concern. Having, then, made up the account for our part, that is for three-quarters, make the payment.
We desire you to give something out of the money of the Church of Canusium to the clergy of the same Church, to the end that they who now suffer from want may have some sustenance; and that, if it should please God that a bishop should be ordained, he may have a maintenance.
As to lapsed priests, or any others of the clergy, we desire you in dealing with their property to keep free from any contamination. But seek out the poorest regular monasteries which know how to live according to God, and consign the lapsed to penance in these monasteries; and let the property of the lapsed go to the benefit of the place in which they are consigned to penance, to the end that those who have the care of their correction may have aid themselves from their means. But, if they have relations, let their property be given to their legitimate relations; yet so that an allowance for those to whom they have been consigned for penance be sufficiently provided. But, if any of an ecclesiastical community, whether priests, levites, or monks, or clerics, or any others, shall have lapsed, we will that they be consigned to penance, but that the Church shall retain its claim to their property. Yet let them receive for their own use enough to maintain them during their penance, lest, if left destitute, they should be burdensome to the places whereto they have been consigned. If any have relations on the ecclesiastical domain, let their property be delivered to them, that it may be preserved in their hands subject to the Church's claim.
Three years ago the subdeacons of all the churches in Sicily, in accordance with the custom of the Roman Church, were forbidden all conjugal intercourse with their wives. But it appears to me hard and improper that one who has not been accustomed to such continency, and has not previously promised chastity, should be compelled to separate himself from his wife, and thereby (which God forbid) fall into what is worse. Hence it seems good to me that from the present day all bishops should be told not to presume to make any one a subdeacon who does not promise to live chastely; that so what was not of set purpose desired in the past may not be forcibly required, but that cautious provision may be made for the future. But those who since the prohibition of three years ago have lived continently with their wives are to be praised and rewarded, and exhorted to continue in their good way. But, as for those who since the prohibition have been unwilling to abstain from intercourse with their wives, we desire them not to be advanced to a sacred order; since no one ought to approach the ministry of the altar but one who has been of approved chastity before undertaking the ministry.
For Liberatus the tradesman, who has commended himself to the Church, dwelling on the Cincian estate, we desire you to make an annual provision; which provision do you estimate yourself as to what it ought to be, that it may be reported to me and charged in your accounts. With regard to the present indiction I have already got information from our son the servant of God Diaconus.
One John, a monk, has died and left Fantinus the guardian (defensorem) his heir to the extent of one half. Hand over to the latter what has been left him, but charge him not to presume to do the like again. But appoint what he should receive for his work, so that it be not fruitless to him; and let him remember that one who lives on the pay of the Church should not pant after private gains. But, if anything should accrue to the Church, without sin and without the lust of concupiscence, through those who transact the business of the Church, it is right that these should not be without fruit of their labour. Still let it be reserved for our judgment how they should be remunerated.
As to the money of Rusticianus, look thoroughly into the case, and carry out what appears to you to be just. Admonish the magnificent Alexander to conclude the cause between himself and holy Church; which if he perhaps shall neglect to do, do thou, in the fear of God and with honour preserved, bring this same cause to an issue as you are able. We desire you also to expend something in this business; and, if it can be done, let him be spared the cost of what has to be given to others, provided he terminates the cause which he has with us.
Restore without any delay the donation of the handmaiden of God who has lapsed and been sent into a monastery, to the end that (as I have said above) the same place that bears the toil of attending to her may have provision for her from what she has. But recover also whatever of hers is in the hands of others, and hand it over to the aforesaid monastery.
Send to us the payments of Xenodochius of Via Nova to the amount you have told us of, since you have them by you. But give something, according to your discretion, to the agent whom you have deputed in the same patrimony.
Concerning the handmaiden of God who was with Theodosius, by name Extranea, it seems to me that you should give her an allowance, if you think it advantageous, or at any rate return to her the donation which she made. The house of the monastery which Antoninus had taken from the monastery, giving thirty solidi for it, restore thou without the least delay, the money being repaid. After thoroughly investigating the truth restore the onyx phials , which I send back to you by the bearer of these presents.
If Saturninus is at liberty and not employed with you, send him to us. Felix, a farmer under the lady Campana, whom she had left free and ordered to be exempt from examination, said that seventy-two solidi had been taken from him by Maximus the sub-deacon, for paying which he asserted that he sold or pledged all the property that he had in Sicily. But the lawyers said that he could not be exempt from examination concerning acts of fraud. However, when he was returning to us from Campania, he perished in a storm. We desire you to seek out his wife and children, to redeem whatever he had pledged, repay the price of what he had sold, and moreover provide them with some maintenance; seeing that Maximus had sent the man into Sicily and there taken from him what he alleged. Ascertain, therefore, what has been taken from him, and restore it without any delay to his wife and children. Read all these things over carefully, and put aside all that familiar negligence of yours. My writings which I have sent to the peasants cause you to be read over throughout all the estates, that they may know in what points to defend themselves, under our authority, against acts of wrong; and let either the originals or copies be given them. See that you observe everything without abatement: for, with regard to what I have written to you for the observance of justice, I am absolved; and, if you are negligent, you are guilty. Consider the terrible Judge who is coming: and let your conscience now anticipate His advent with fear and trembling, lest it should then fear [not?] without cause, when heaven and earth shall tremble before Him. You have heard what I wish to be done: see that you do it.
Source. Translated by James Barmby. From Nicene and Post-Nicene Fathers, Second Series, Vol. 12. Edited by Philip Schaff and Henry Wace. (Buffalo, NY: Christian Literature Publishing Co., 1895.) Revised and edited for New Advent by Kevin Knight. <http://www.newadvent.org/fathers/360201044.htm>.
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