Epistle XXIV.
To Romanus, Guardian (Defensorem).
Gregory to Romanus, &c.
Our son Theodosius, abbot of the Monastery founded by the late Patrician Liberius in Campania, is known to have intimated to us that the late illustrious lady Rustica about one and twenty years ago, in the will that she made, appointed in the first place Felix, her husband, to be her heir, and delegated to him the foundation of a Monastery in Sicily; but on this condition,--that if he should not within the space of one year pay all the legacies bequeathed to her freedmen, or establish the aforesaid Monastery as she desired, then the holy Roman Church should have undisputed claim to the portion which she was understood to have in the farm of Cumas, and that it should lend aid for paying the above legacies, and for the construction of the said monastery. Hence, seeing that, as is said, the bequeathed property has not so far been made over in full to this same monastery, and some part of the possession is up to this time detained by her heirs, let thy Experience thoroughly enquire into and examine the case. And in the first place indeed, if under the conditions of the will any heirship comes in wherein our Church may have a plea, we desire thee to investigate and clearly ascertain it, and act for the advantage of the poor, as the order of the business may require; and then to be instantly solicitous for the due establishment of that cell, and the recovery of the bequeathed property, to the end that the pious desire of the testatrix may be fulfilled in both respects, and the unjust detainers of the property may learn from just loss the guilt of their undue retention. With all vivacity, then, we desire thee both to enquire into this case and, with the help of the Lord, to bring it to an issue, that the pious devotion of the ordainer may at length take effect. But we desire thee also, as far as justice allows, to succour this monastery in all ways, that lay persons who ought to have rendered the succour of their assistance may not, as is asserted, have power of doing hurt in the name of the founder.
Epistle XXVI.
To Romanus, Guardian (Defensorem).
Gregory to Romanus, &c.
Although the law with reason allows not things that come into possession of the Church to be alienated, yet sometimes the strictness of the rule should be moderated, where regard to mercy invites to it, especially when there is so great a quantity that the giver is not burdened, and the poverty of the receiver is considerably relieved. And so, inasmuch as Stephania, the bearer of these presents, having come hither with her little son Calixenus (whom she asserts that she bare to her late husband Peter, saying also that she has laboured under extreme poverty), demanded of us with supplication and tears that we should cause to be restored to the same Calixenus the possession of a house in the city of Catana, which Ammonia, her late mother-in-law, the grandmother of Calixenus, had offered by title of gift to our Church; asserting that the said Ammonia had not power to alienate it, and that it belonged altogether to the aforesaid Calixenus, her son; which assertion our most beloved son Cyprian, the deacon, who was acquainted with the case, contradicted, saying that the complaint of the aforesaid woman had not justice to go on, and that she could not reasonably claim or seek to recover that house in the name of her son; but, lest we should seem to leave the tears of the above named woman without effect, and to follow the way of rigour rather than embrace the plea of pity, we command thee by this precept to restore the said house to the above-named Calixenus, together with Ammonia's deed of gift with respect to this same house, which is known to be there in Sicily;--since, as we have said, it is better in doubtful cases not to execute strictness, but rather to be inclined to the side of benignity, especially when by the cession of a small matter the Church is not burdened, and succour is mercifully given to a poor orphan.
Given in the month of November, Indiction 2.