Epistle XLIV.
To Peter, Subdeacon of Sicily.
Gregory to Peter, &c.
With regard to our having so long delayed sending off thy 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 thou hast desired instruction, thou wilt learn below how, after fully considering them all, we have determined them.
We have ascertained that the peasants [1343] of the Church are exceedingly aggrieved in respect of the prices of corn, 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 corn be more or less abundant, the measure of proportion be according to the market price [1344] . It is our will also that corn which is lost by shipwreck be fully accounted for; but on condition that there be no neglect on thy part in transmitting it; lest, the proper time for transmitting it being allowed to pass by, loss should ensue from your fault [1345] . 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 [1346] , 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 corn 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 [1347] of the Church a most unjust exaction is practised, in that three and a half [modii] in seventy are demanded by the farmers [1348] ;--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 thy 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 [1349] : and let neither grains [1350] beyond the pound, nor an excessive pound, nor any further imposts beyond the pound, be exacted; but, through thy 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 thee to draw up charters of security, to be signed by thee, 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 thee out of the total sum paid.
Before all things we desire thee carefully to attend to this; that no unjust weights be used in exacting payments. If thou shouldest 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 [1351] , nothing else beyond the just weights be exacted from the husbandmen [1352] of the Church.
Further, we have ascertained that the first charge of burdatio [1353] 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 [1354] , 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 thy 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 [1355] 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 [1356] . 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 thy Experience should at any time despatch those who are under thy 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 thy 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 thee to receive no more from the estates of the Church on account of the store-houses and stores beyond what is customary; but let thine 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 [1357] ); 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 [1358] 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 thou art said also to have in thy 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 thee 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 thee also to give her out of his cash five-and-twenty solidi. A silver saucer [1359] 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 thy Solicitude for that, after I had enjoined thee, in the business of my brother, to send him back his money, thou hast so consigned the matter to oblivion as if something had been said to thee by the last of thy slaves. But now let even thy Negligence--I cannot say thy Experience--study to get this done; and whatever of his thou mayest 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 thee, 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, thou mayest make answer as may appear to thee 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 [1360] .
We desire thee 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 [1361] priests, or any others of the clergy, we desire thee 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.