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 p. 89b 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 p. 90b 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 p. 91b 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.

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 thee to make an annual provision; which provision do thou estimate thyself as to what it ought to be, that it may be reported to me and charged in thy accounts.  With regard to the present indiction I have already got information from our son the servant of God Diaconus.

p. 92b 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 1362 .

As to the money of Rusticianus, look thoroughly into the case, and carry out what appears to thee to be just.  Admonish the magnificent Alexander 1363 to conclude the cause between himself and holy Church; which if he peradventure shall neglect to do, do thou, in the fear of God and with honour preserved, bring this same cause to an issue as thou art able.  We desire thee 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 1364 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 thou hast told us of, since thou hast them by thee.  But give something, according to thy discretion, to the agent whom thou hast deputed in the same patrimony.

Concerning the handmaiden of God who was with Theodosius, by name Extranea, it seems to me that thou shouldest give her an allowance, if thou thinkest 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 1365 , which I send back to thee by the bearer of these presents.

If Saturninus is at liberty and not employed with thee, 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 thee 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 thine.  My writings which I have sent to the peasants cause thou 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 thou observe everything without abatement:  for, with regard to what I have written to thee for the observance of justice, I am absolved; and, if thou art negligent, thou art guilty.  Consider the terrible Judge who is coming:  and let thy 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.  Thou hast heard what I wish to be done:  see that thou do it.

Footnotes

Rusticos ecclesiæ; i.e. the native cultivater of the land, called elsewhere coloni, and by Cicero (In Verrem), aratores.  See Proleg.

It appears from Cicero that, when the Romans annexed Sicily, they found the greater part of the land subject by ancient custom to a tithe of the corn and other produce, and that such tithe continued to be enacted by the Roman government, which derived thence its main revenue from the island:  further, that the custom had grown up of allowing a pecuniary composition for the tithe, and that this custom, intended originally for the accommodation of the tithe payers, had been abused to their detriment by over valuation in years when corn was cheap.  One of the charges against Verres was that this had been done under him as Prætor.  When wheat was selling in Sicily for two or at the most three sesterces per modius, the peasants had been made to compound for their tithes at the rate of three denarii, i.e. twelve secterces.  (Cic. in Verr. Divin. 10; Act II. Lib. iii. 6, 18).  The Roman Church having succeeded the Roman Government in the lordship of the “Patrimony of St. Peter,” it appears that the Church officials had not been guiltless of similar unfair exactions.  Hence the direction here in this Epistle that the valuations of the tithe in successive years should follow the market price.

This refers to the corn which was sent annually in large quantities to Rome, and on which the Romans were in a great measure dependent for their supply.  Those in Sicily who furnished it were, it seems, responsible for its delivery, taking the risk of loss by sea.  But it rested with the Church officials to provide for its being shipped; and, if any loss on the voyage ensued from their delay, the parties otherwise responsible were to be indemnified.

Ex sextariaticis.  This appears to have been a technical term, denoting unjust exaction of the following kind.  The peasants (rustici) on an estate had to supply, let us say, so many modii of corn to be shipped for Rome.  But the modius varied in capacity.  It is said originally to have contained sixteen sextarii, a sextarius being between a pint and a quart.  But it appears below that one of eighteen sextarii was in use in the time of Gregory, and by him allowed.  This limit, however, seems to have been sometimes exceeded, and herein consisted the abuse complained of.  In a subsequent epistle (XIII. 34) a modius of even twenty-five sextarii is spoken of as having been in one case used:—“We understand that the modius by which the husbandmen (coloni) were compelled to give their corn was one of twenty-five sextarii.”

Massis.  These massæ might include several farms (fundi, or prædia), and were let or leased to farmers (conductores), who made their profit out of them.  Cf. xiv. 14, “Massam quæ Aquas Salvias nuncupatur cum omnibus fundis suis;” also v. 31, “Conductoribus massarum per Galliam.”

Conductores.  See last note.

Pensantem ad septuagena bina.  It would seem that, in addition to the abuse of using modii of too large capacity, there was the additional one of exacting more modii than were legally due, three and a half being added to every seventy; i.e. one to every twenty.  Cf. Cicero in Verrem, “Ab Siculis aratoribus, præter decumam, ternæ quinquagesimæ (i.e. three for every fifty) exigebantur.”  If the reading septuagena bina be correct, it would seem that Gregory allowed two to be added to every seventy perhaps on the ground of long-established custom.  The readings, however, vary; and what was meant is uncertain.

Siliquæ.  In Roman weights the uncia contained 144 siliquæ, and the as or libra 12 unciæ.  The reference seems to be to cases in which the grain or other produce was rendered by weight.  The just pound was not to be exceeded.

Præter excepta et vilia cibaria.  Cibaria bears the general sense of victuals or provender; and specifically, “Cibarium, teste, Plin. I. 18, c. 9, ubi de siligine agit, dicitur farina quæ post pollinem seu florem excussum restat, postquam nihil aliud remanet nisi furfures:  the second sort of flour.  Eadem dicitur secundarium.  Ex ea qui conficitur vocatur panis cibarius, quia solet esse communis vulgi cibus.”  Facciolati.  The adjective cibarius is applied to provisions generally, wine, oil, bread, &c., of a common and inferior kind, and consumed by the common people.  The reference in the text may be to refuse and inferior grain or other breadstuff, of which an excessive weight might be exacted to make up for its inferior quality.

Colonis, meaning the same as rustici.  See note 1.

Burdationis.  This appears to have been a kind of land tax, payable in the first instance, before the peasants had been able to convert their produce into money.  “Burdatio est pensio quæ a rusticis præstatur prædii nomine, quod Burdam vocant, nostri Borde.”  Alteserra.

Auctionariis.  “Mercator qui res suas auget; et proprie dicitur ille qui hic vel illic res parvas et veteres et tritas eruit, ut postea carius vendat.”  Du Cange.

Commoda.  The word commodum denotes properly a bounty (as to soldiers over and above their pay), a gratuity, a voluntary offering, though used also for a stipend, or payment generally.  The peasants (rustici) might not marry without permission.  Cf. xii. 25, “ut eum districte debeas commonere ne filios suos quolibet ingenio vel excusatione foris alicubi in conjugio, sociare præsumat, sed in ea massa cui lege et conditione ligati sunt socientur.”  For such permission they were, it seems, accustomed to pay a fee, in theory perhaps voluntary, but virtually exacted as a due.

Because a fine would have to be paid out of the common substance of the family, and so all would be punished for the offence of one.

On the office of defensores, see Proleg.

See note 2.

Suppositorium.  The word itself might denote anything put under another, or supporting another.  Here its being associated with a cup (calix), and both being called small vessels (vascula), suggests the translation in the text.

The meaning of these directions is obscure owing to our ignorance of the circumstances.

The word lapsi was the regular one for denoting clergy or others, who had fallen into sin rendering them liable to excommunication.

It was against monastic rule for monks or nuns to retain property of their own after profession, or the power of disposing of it by will.  It became the common property of the monastery.  Cf. Justinian, Novell. V. c. 38.  See also what was said above about the goods of lapsed members of religious communities.  In a subsequent Epistle (IX. 7), Gregory annulls a will that had been made by an abbess Sirica.  The case of one Probus, an abbot (Appendix, Ep. IX.), who was allowed to make a will, is no real exception to the rule.  For Gregory gave him special permission to do so on his own petition, on the equitable ground that at the time of his hasty ordination as abbot, not having been a monk previously, he had neglected to make provision for his son by will, as he had intended to do, and as he had then a right to do.  In the case before us Gregory acts with lenient consideration.  Though condemning the bequest of the monk John to the guardian Fantinus, he allows the latter to take it on the ground that he deserved, but had not so far received, a proper remuneration for his services.

Magnificum virum.  Who this Alexander was is not known.  His designation implies a position of rank.  An Alexander appears afterwards as Prætor of Sicily (VI. 8):  but the Prætor of this year was Justinus (see above, Ep. II.), who was apparently succeeded by Libertinus (III. 38).

Ancillæ Dei.  So were called, not professed nuns only, but also others who devoted themselves to virginity and religious lives.  Gregory’s own aunts, Tarsilla and Æmiliana, who lived as dedicated virgins in their own home, were instances.  See Proleg. p. xiv.

Amulas.  “Amula, minor ama, vas vinarium, in quo sacra oblatio continetur.”  Du Cange.