To Peter the Subdeacon, on the Peasants of the Church in Sicily

Gregory to Peter, and so on. [a]

We have delayed so long in sending your messenger back because we have been so busy with the duties of the paschal festival that we could not let him go sooner. As for the questions on which you asked for instructions, you will learn below how we have decided them, after considering them all fully. [b]

We have learned that the peasants of the church are badly wronged over the price of grain, because the amount they are set to pay is not kept in fair proportion in times of plenty. It is our will that at all times, whether the grain harvest is more or less abundant, the rate be set by the market price. It is also our will that grain lost by shipwreck be fully accounted for, but on condition that there is no neglect on your part in shipping it; otherwise, if the right time for shipping it is let slip, a loss may follow through your fault. Moreover, we have judged it very wrong and unjust that anything should be taken from the peasants of the church as sextariatics, or that they should be forced to give by a larger measure than the one used in the church’s granaries. So by this present warning we direct that grain is never to be received from the peasants of the church in measures of more than eighteen pints, unless perhaps there is something the sailors are accustomed to receive over and above, which they themselves certify is consumed on board ship. [c]

We have also learned that on some estates of the church a most unjust charge is made: the leaseholders demand three and a half measures in every seventy, a thing shameful to speak of. And even this is not enough; something more besides is said to be exacted by a custom of many years. We utterly detest this practice, and want it completely rooted out of the patrimony. But whether in this or in other small charges, let your experience consider what is being paid too much per pound, and what is unfairly taken from the peasants in any way, and reduce it all to a fixed payment. As far as the peasants’ means allow, let them make a payment in one sum, reckoned at seventy-two. Let no grains beyond the pound be exacted, nor an oversized pound, nor any further charges beyond the pound; but by your assessment, according to their ability to pay, let the payment be made up to a fixed sum, so that there may be no shameful exaction of any kind. But after my death these very charges, which we have forbidden as extras but allowed as an addition to the regular payments, might in some way be laid on again, so that the amount due would be found increased and the peasants forced to pay additional charges over and above what is owed. To prevent this, we want you to draw up deeds of security, signed by you, declaring that each person is to pay such and such an amount, with no grains, charges, or granary dues. Moreover, whatever from these several items used to go to the rector of the patrimony, it is our will by this present order that it go to you out of the total sum paid. [f]

Above all, we want you to see carefully to this: that no unjust weights are used in collecting payments. If you find any, break them and have true ones made. For my son Diaconus, the servant of God, has already found some that displeased him, but he was not free to change them. Our will, then, is that apart from the excepted provisions of small value, nothing beyond the just weights be exacted from the peasants of the church. [i]

Further, we have learned that the first charge of the burdatio cripples our peasants badly, because they are forced to pay taxes before they can sell the produce of their labor. Having nothing of their own to pay with, they borrow from the public pawnbrokers and pay heavily for the loan, and so they are crippled by heavy costs. So by this present admonition we direct your experience to advance them from the public fund all that they would have borrowed from outsiders, and let it be repaid by the peasants of the church little by little as they have the means. Otherwise, while they are in straits for a time, they may sell too cheaply what might later have been enough to pay what they owe, and even so not have enough. [j]

It has also come to our knowledge that excessive fees are taken on the marriages of peasants. On this we order that no marriage fee is to exceed one solidus. If any are poor, they should give even less; but if any are rich, they are by no means to exceed the said sum of one solidus. And we want no part of these marriage fees credited to our account; they are to go to the benefit of the leaseholder. [k] We have also learned that when some leaseholders die, their relatives are not allowed to succeed them, but their goods are taken for the use of the church. On this we decree that the relatives of the deceased who live on the church’s property shall succeed them as their heirs, and that nothing shall be taken from the estate of the deceased. But if anyone leaves young children, let sensible persons be chosen to take charge of their parents’ goods until they are old enough to manage their own property.

We have learned also that if anyone of a household has committed an offense, he is required to make amends not in his own person but in his property. On this practice we order that whoever has committed an offense is to be punished in his own person as he deserves. Moreover, no fee is to be taken from him, unless perhaps some trifle that may go to the benefit of the officer who has been sent to him. We have learned also that whenever a leaseholder has unjustly taken anything from one of his peasants, it is indeed demanded from the leaseholder, but not given back to the one it was taken from. On this we order that whatever has been taken by violence from anyone of a household be restored to the one it was taken from, and not go to our profit, so that we ourselves may not seem to be abettors of violence. Furthermore, it is our will that if your experience at any time sends those under your command on matters that arise outside the bounds of the patrimony, they may indeed receive small gratuities from those to whom they are sent, provided that they themselves keep the benefit of them; for we would not have the treasury of the church defiled by shameful gain. We also command your experience to see to this: that leaseholders are never appointed on the church’s estates for a fee. For if a fee is looked for, the leaseholders will be changed often, and what else comes of such changing but that the church’s farms are never cultivated? And let the leases not be adjusted according to the amount of the payments due. We want you to take no more from the church’s estates for storehouses and stores than is customary; the stores we have ordered for your own use are to be obtained from outsiders. [l]

It has come to our ears that about two pounds of gold have been unjustly taken from Peter, the leaseholder of Subpatriana. On this matter question Fantinus the defensor closely, and if it was plainly taken unjustly and improperly, give it back without any delay. We have also learned that the peasants have paid a second time the burdatio which Theodosius had collected from them but had failed to pass on, so that they have been taxed twice. This happened because his estate was not enough to meet his debt to the church. But since we are informed through our son Diaconus, the servant of God, that this shortfall can be made good out of his effects, it is our will that fifty-seven solidi be repaid to the peasants without any deduction, so that they may not be found to have been taxed twice over. Moreover, if it is true that forty solidi of his effects remain over and above what will repay the peasants (and you are said to have this sum in hand), it is our will that they be given to his daughter, so that she can recover the belongings she had pawned. We want her father’s goblet given back to her as well. [m]

The glorious Campanianus, master of the soldiers, had left twelve solidi a year out of the Varronian estate to his notary John. We order you to pay this every year without any hesitation to the granddaughter of Euplus the leaseholder, even though she may have received all the movable goods of the said Euplus, except perhaps his cash; and we want you also to give her twenty-five solidi out of his cash. A small silver dish is said to have been pawned for one solidus, and a cup for six solidi. After questioning Dominicus the secretary, or others who may know, redeem the pledge and give back those little vessels. [n] We thank your solicitude that, after I had instructed you in my brother’s business to send him back his money, you have let the matter slip from your mind as if the lowest of your slaves had said something to you. But now let even your negligence (I cannot say your experience) take pains to get this done, and send back to him with all speed whatever of his you may find in the hands of Antoninus. [o] In the matter of Salpingus the Jew, a letter has been found, which we have had forwarded to you. After reading it and learning all about his case, and that of a certain widow who is said to be involved in the same business, you are to give whatever answer seems just to you about the fifty-one solidi that are known to be returnable, so that the creditors may in no way be unjustly cheated of the debts owed them. Half of his legacy has been given to Antoninus; half is still to be paid off. We want that half made up to him out of the common funds, and not to him only, but also to the defensors and the foreigners to whom the testator left anything as a legacy. We also want the legacy paid to the household; that, however, is our concern. So, having made up the account for our share, that is, for three-quarters, make the payment. [p] We want you to give something out of the money of the church of Canusium to the clergy of that church, so that those who are now in want may have some support, and so that, if it pleases God that a bishop be ordained, he may have a living. [q]

As for fallen priests, or any others of the clergy, we want you to keep yourself free from any taint in dealing with their property. Seek out the poorest monasteries that keep their rule and know how to live according to God, and send the fallen to do penance in these monasteries. Let the property of the fallen go to the benefit of the place where they are sent to do penance, so that those who have the care of correcting them may themselves be helped from their means. But if they have relatives, let their property be given to their lawful relatives, provided that a sufficient allowance is made for those to whom they have been sent for penance. But if any members of a church community, whether priests, levites, monks, clerics, or any others, have fallen, it is our will that they be sent to do penance, but that the church keep its claim to their property. Still, let them receive enough for their own use to support them during their penance, so that they may not be a burden to the places where they have been sent if they are left destitute. If any have relatives on the church’s lands, let their property be handed over to them, to be kept in their hands subject to the church’s claim. [r]

Three years ago the subdeacons of all the churches in Sicily were forbidden all marital relations with their wives, following the custom of the Roman church. But it seems to me hard and improper that a man who has not been used to such continence, and has not first promised chastity, should be forced to separate himself from his wife, and so (God forbid) fall into something worse. So it seems good to me that from this day all bishops be told not to presume to make anyone a subdeacon who does not promise to live chastely. In this way what was not chosen deliberately in the past will not be demanded by force, but careful provision will 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 urged to keep on in their good way. As for those who since the prohibition have been unwilling to abstain from relations with their wives, we do not want them advanced to a sacred order, since no one ought to approach the ministry of the altar unless his chastity has been proved before he takes up that ministry. [s]

For Liberatus the tradesman, who lives on the Cincian estate and has commended himself to the church, we want you to make a yearly allowance. Estimate yourself what that allowance ought to be, so that it may be reported to me and entered in your accounts. As for the present indiction, I have already been informed by our son Diaconus, the servant of God. A monk named John has died and left Fantinus the defensor heir to half of his estate. Hand over to Fantinus what has been left him, but charge him not to presume to do the like again. But set what he should receive for his work, so that it is not without reward for him; and let him remember that one who lives on the church’s pay should not pant after private gain. Yet if anything comes to the church, without sin and without greedy desire, through those who handle the church’s business, it is right that they should not go without the fruit of their labor. Still, let it be left to our judgment how they are to be paid. [u] As for the money of Rusticianus, look thoroughly into the case, and carry out what seems just to you. Admonish the magnificent Alexander to settle the suit between himself and holy church. If he perhaps neglects to do so, bring that same suit to a conclusion as best you can, in the fear of God and with due respect. We want you also to spend something on this business, and if it can be done, let him be spared the cost of what has to be given to others, provided he ends the suit he has with us. [v]

Give back without any delay the gift of the handmaid of God who has fallen and been sent into a monastery, so that (as I said above) the place that bears the labor of looking after her may have provision for her from what is hers. But also recover whatever of hers is in the hands of others, and hand it over to that monastery. [w] Send us the payments of Xenodochius of Via Nova, to the amount you have told us of, since you have them on hand. But give something, at your discretion, to the agent you have appointed in that patrimony. Concerning the handmaid of God named Extranea, who was with Theodosius, it seems to me that you should give her an allowance, if you think it advisable, or at any rate return to her the gift she made. The monastery’s house, which Antoninus had taken from the monastery, paying thirty solidi for it, restore without the least delay, once the money is repaid. After looking thoroughly into the truth, restore the onyx flasks, which I am sending back to you by the bearer of this letter. [x]

If Saturninus is free and not engaged with you, send him to us. Felix, a leaseholder 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 subdeacon, and that to pay it he had sold or pawned all the property he had in Sicily. But the lawyers said that he could not be exempt from examination in cases of fraud. However, as he was returning to us from Campania, he perished in a storm. We want you to find his wife and children, redeem whatever he had pawned, repay the price of what he had sold, and provide them with some support besides, since Maximus had sent the man into Sicily and there taken from him what he claimed. Find out, then, what was taken from him, and give it back without any delay to his wife and children. Read all these things over carefully, and put aside that habitual negligence of yours. Have my writings, which I have sent to the peasants, read aloud throughout all the estates, so that they may know on what points they may defend themselves against wrongs under our authority; and let them be given either the originals or copies. See that you carry out everything in full. For as to what I have written to you for the keeping of justice, I am cleared; and if you are negligent, you are guilty. Think of the terrible Judge who is coming, and let your conscience now look ahead to his coming with fear and trembling, so that it may not have cause to fear then, when heaven and earth will tremble before him. You have heard what I want done; see that you do it. [y]