Pastoral Rule, Dialogues & Letters 401

Gregory to Fortunatus, bishop of Naples. We recall that your Fraternity petitioned us that we should yield to your Church, to be incardinated, Gratian, deacon of the Church of Venafro. And since neither has he a bishop whom to obey, though he has his own Church — the enemy indeed hindering — wherein he ought to exhibit his ministry, we have not foreseen that your petition should be deferred: therefore by these present writings we have deemed him necessarily to be granted to you, you having license to establish that deacon, by the intervention of our authority, as cardinal of your Church, God being favourable.

But since it has come to us that the clergy and other religious persons of your city and parish are being summoned by others, we forbid this to be done henceforth, and we will that neither your clergy, nor a monk, nor any other religious person of the city or of your parish be summoned by anyone or be produced for another's judgment. But if anyone shall wish to move a question of any business against persons of this kind, let him know that your Fraternity is to be approached. Or if perchance, as is wont, any suspicion in any manner arise against them, and they desire the judgment of elected persons, let them have the right, under your execution, of choosing arbiters;

so that in this manner neither may you seem to have lost jurisdiction, nor may the plaintiff, in litigating before one suspected, seem to sustain prejudice. Know that we have enjoined this to be observed by Anthemius the subdeacon also. It behoves, therefore, that your Fraternity diligently keep vigilant pastoral care over the monasteries of the city and of its parish, and over all subjects, and be altogether solicitous concerning their life and conduct, so that, just as we are recognized to preserve their privileges, so you also may skilfully show your vigilance in all things, as is fitting, so that in no matter can you be found reprehensible through neglect.

But further, if you — which we do not suppose — should think that it may be dissembled, know that there is license to the rector of the patrimony of our Church, who is there or shall be established, that you be by all means urged by his instance to do what you of your own accord postpone. But this also it behoves you to strive after, that those who shall have a cause against any persons subject to your jurisdiction should not be harassed by any frustrating delays before your Fraternity, lest we seem to have preserved these privileges for you unto the fatiguing and damage of another. (Cf. John the Deacon, book III, no. 20.) Gregory to Montana and Thomas. Since our Redeemer, the maker of all creation,

being moved by mercy, willed to assume human flesh unto this end, that by the grace of His divinity, the chain of servitude by which we were held captive being broken, He might restore us to our former liberty, it is wholesomely done if men, whom nature brought forth free from the beginning, and whom the law of nations subjected to the yoke of servitude, be by the benefit of one who manumits restored to that liberty in which they were born. And therefore, moved by regard for piety and by consideration of this matter, we make you, Montana and Thomas, servants of the holy Roman Church, to which, God helping, we minister, free from this day and Roman citizens, and we release to you all your peculium.

And because you, Montana, confess that you have set your soul toward conversion to the monastic life, therefore the two ounces which the priest Gaudiosus is known to have once left to you by the disposition of his last will, in the manner of a bequest, we this day grant and concede to you, all of it namely to the monastery of Saint Lawrence, over which the abbess Constantina presides, into which by God's mercy you are hastening to be converted, that it may in every way be to your profit. But if it should be established that you have in any way concealed anything of the goods of the aforesaid Gaudiosus, let all of it without doubt be forthwith made over to our Church.

But to you, aforesaid Thomas, whom for the fullness of your liberty we also wish to serve among the notaries, the five ounces which the aforesaid priest Gaudiosus by his last will left to you under the title of inheritance, together also with the marriage-portion which he had assigned in writing to your mother, we likewise this day grant and concede through this document of manumission; yet under this law and appended condition: that if it should befall you to die without legitimate children, that is, children begotten of lawful wedlock, all that we have conceded to you shall revert to the right of the holy Roman Church without any diminution whatever.

But if, as we have said, you shall have lawfully received children acknowledged of your spouse, and shall have left them surviving you, we establish that they shall remain lords of these same goods without any condition, so that we grant you free power to make a testament concerning them. These things, therefore, which through this charter of manumission we have established and conceded, know that we and our successors are to observe without any opposition whatever. For the order of justice and reason persuades that he who desires his own commands to be kept by his successors should without doubt keep the will and statutes of his predecessor. We have ordered this page of manumission to be written by the notary Paterius.

And with our own hand, together with three senior priests and three deacons, we have subscribed it for its fullest confirmation, and have delivered it to you. Enacted in the city of Rome (Gratian, Cause 2, q. 2, c. 68).