Epistle XV.
To Januarius, Bishop.
Gregory to Januarius, Bishop of Caralis (Cagliari).
Theodosia, a religious lady, being desirous of carrying out the intention of her late husband Stephen by the building of a monastery [1536] , has begged us to transmit our letters to your Fraternity, whereby, through our commendation, she may the more readily be counted worthy of your aid. She asserts that her husband had given directions for the monastery to be constructed on the farm called Piscenas, which has come into the possession of the guest-house (Xenodochii) of the late bishop Thomas. Now, though the possessor of the property would allow her to found it on land that is not her own, yet seeing that the Lord with reason objects [1537] , we have thought it right to agree to her petition; which is that she should, with the Lord's help, construct a monastery for handmaidens of God in a house belonging to herself, which she asserts that she has at Caralis. But, since she says that the aforesaid house is burdened by guests and visitors, we exhort thy Fraternity to take pains to assist her in all ways, and lend the aid of thy protection to her devotion, so that thy assistance and assiduity may make thee partaker of the reward of her departed husband's earnestness and her own. As to the relics which she requests may be placed there, we desire that they be deposited with due reverence by thy Fraternity.
[1536] See also IV. 8, and V. 2.
[1537] The farm Piscenas appears to have been held by the tenure called Emphyteusis, according to which the possessor of the land (called also Emphyteuta) was not its real owner, though on condition of his cultivating it properly and paying certain fixed dues to the owner (dominus), he had a perpetual right of possession (jus in re), which passed to his heirs, and could be sold by him to others. In the latter case, however, the dominus had the option of himself buying up the possessor's right at the price offered by the proposed purchaser, and he could object to the transference of possessio to persons unable to maintain the property in good condition. In all cases of transference, other than devolution to heirs, a fiftieth part of the purchase money, or of the value of the property, was also payable to the dominus. (Article on Emphyteusis in Smith's Dictionary of Greek and Roman Antiquities.) In the case before us the lord of the property seems to have refused his consent to any part of it being alienated in Mortmain to a monastery. It may be supposed that the possession of the farm Piscenas had been in Stephen the testator himself when he directed a monastery to be founded on it, and that it had passed after his death into other hands.
Epistle XVIII.
To Maurus, Abbot.
Gregory to Maurus, &c.
The care of churches which is evidently inherent in the priestly office compels us to be so solicitous that no fault of neglect may appear with regard to them. Since, however, we have learnt that the church of Saint Pancratius, which had been committed to presbyters, has been frequently neglected, so that people coming there on the Lord's day to celebrate the solemnities of mass have returned murmuring on finding no presbyter, we therefore, after mature deliberation, have determined to remove those presbyters, and with the favour of God constitute for the same church a congregation of monks in a monastery, to the end that the abbot who shall preside there may give care and attention in all respects to the aforesaid church. And we have also thought fit to put thee, Maurus, over this monastery as abbot, ordaining that the lands of the aforesaid church, and whatever may have come into its possession, or accrued from its revenues, be applied to this thy monastery, and belong to it without any diminution; but on condition whatever needs to be effected or repaired in the church above written may be so effected and repaired by thee without fail.
But lest, after the removal of the presbyters to whom this church had previously been committed, it should seem to be without provision for divine service, we therefore enjoin thee by the tenour of this authority to supply it with a peregrine [1538] presbyter to celebrate the sacred solemnities of mass, who, nevertheless, must needs both live in thy monastery, and have from it provision for his maintenance.
But let this also above all be thy care, that there over the most sacred body of the blessed Pancratius the work of God be executed daily without fail. These things, then, which by the tenour of this precept we depute thee to do, we will that not only thou perform, but that they be also so observed and fulfilled for ever by those who shall succeed thee in thy office and place, that there may be no possibility henceforth of neglect being found in the aforesaid church.
[1538] Peregrinum presbyterum; meaning apparently one not belonging to the house as a member of it, though living and maintained there.