Pastoral Rule, Dialogues & Letters 544

Gregory to Fortunatus bishop of Naples. Recognizing what zeal for the Christian slaves whom the Jews buy from the borders of Cagliari has kindled your fraternity, we signify that your solicitude has so pleased us that our own deliberation was lacking in restraining them from a business of this kind. But when Basilius the Hebrew came with other Jews, we ascertained that this purchase is enjoined upon them by various judges of the state, and that it happens that pagans and Christians are bought together. Hence it was necessary that the matter be arranged with cautious ordering in such a way that neither those who give the commission be frustrated, nor those who say that they are obeying against their own will should sustain any losses unjustly.

Accordingly let your fraternity see to it that this be observed and kept with vigilant solicitude, that, when they return from the aforesaid province, the Christian slaves whom they may happen to have brought along may either be delivered over to those who commissioned them, or certainly be sold to Christian buyers within the fortieth day. And when this number of days has passed, let none whatsoever remain with them in any manner. But if certain of the same slaves should perchance fall into such sickness that they cannot be sold within the appointed days, care must be taken that, when they have been restored to their former health, they likewise be by all means disposed of, since it is not fitting that a thing which is free of fault be called to loss.

But since, whenever something new is decreed, it is wont so to impose a form upon future cases that it does not condemn past ones with many losses, if any slaves have remained with them from a purchase of the past year, or have lately been taken from you, while they are placed with you let them have license of alienating them, lest before the prohibition they should through ignorance be able to incur a detriment which it is fitting that they should afterward sustain once forbidden. It has moreover been reported to us that the above-mentioned Basilius wishes, under the title of donation, to grant to his sons—Christians by God's mercy—certain slaves for this purpose, that under the pretext of this occasion, with only the name of master removed, they may serve him;

and after this, if perchance they should think to take refuge with the Church, in order that they may become Christians, they may be claimed not into liberty, but into the ownership of those to whom they were previously donated. In this matter it fittingly behooves your fraternity to keep watch. And if he should wish to donate any slaves to his sons, so that every occasion of fraud may be removed, let them by all means become Christians, and not remain in his house; but when the matter shall require that he ought to use their services, let them be commanded to render to him that which it is fitting be furnished to him even by his own sons, and which is proper for God's sake.