LESSON XIV.
The form of a deed of gift found in lib. ii. indic. xi. epist. 18:
Gregorius, Theodoro Consiliario.
Acosimum puerum dat per epistolam.
Ecclesiasticis utilitatibus desudantes ecclesiasticâ dignum est remuneratione gaudere, ut qui se voluntariis obsequiorum necessitatibus spontè subjiciunt, dignè nostris provisionibus consolentur. Quia igitur te Theodorum, virum eloquentissimum, consiliarium nostrum, mancipiorum cognovimus ministerio destitutum, ideo puerum nomine Acosimum, natione Siculum, juri dominioque tuo dari tradique præcipimus. Quem quoniam traditum ex nostrâ voluntate jam possides, hujus te necesse fuit scripti pro futuri temporis testimonio ac robore largitatis auctoritate fulciri: quatenus, Domino protegente, securè eum semper et sine ullius retractionis suspicione, quippe ut dominus, valeas possidere. Neque enim quemquam fore credimus, qui tam parvam largitatem pro tuâ tibi devotione concessam desideret, vel tentet ullo modo revocare: cùm uno eodemque tempore, et verecundum sit a decessoribus benè gesta resolvere, et verecundum sit docere ceteros in suâ quandoque resolutoriam proferre largitate sententiam.
“Gregory, to Theodore the Counsellor.
“He, by letter, gives him the boy Acosimus.
“It is fit that they who labour for the benefit of the church should enjoy a reward from the church, that they who voluntarily and of their own accord have undertaken burthensome duties should be worthily assisted by our provision. Because, therefore, we have known that you, Theodore, our counsellor, a most eloquent man, were not well provided with the service of slaves, we have ordered that a boy, by name Acosimus, of the Sicilian nation, should be given up and delivered to your right and dominion. And as you already have him in your possession by delivery, upon our will, it was necessary to fortify you with the authority of this writing as a testimony to the future and for protection of the gift: so that by God’s protection you may have power to possess him as his lord and master, always securely for ever and without any question being raised of his being in any way taken back. Nor indeed do we believe that there is any one who would desire or would attempt in any way to revoke so small a bounty given to you for your devotion, since it would be shameful to undo the good deeds of our predecessors, as it would to teach others that each could from time to time make the revocation of his own gift.”
The next document is found in lib. x. indic. v. epist. 40:
Gregorius, Bonito Defensori.
De mancipio Fortunati Abbatis.
Filius noster Fortunatus abbas monasterii sancti Severini, quod in hâc urbe Romanâ situm est, latores præsentium, monachos suos, illic pro recolligendis mancipiis juris sui monasterii quæ illic latitare dicuntur dirigens, petiit ut experientiæ tuæ ei debeant adesse solatia. Eâ propter præsenti tibi auctoritate præcipimus, ut eis in omnibus salvâ ratione concurrere ac opitulari festines: quatenus te illic coràm posito, atque in hâc causâ ferente solatia, salubriter hæc citiùs valeant quæ sibi injuncta sunt ad effectum, Deo auctore, perducere.
“Gregory, to the Proctor Bonitus.
“Concerning the slave of the Abbot Fortunatus.
“Our son Fortunatus, the abbot of the monastery of St. Severinus which is in the city of Rome, directing his monks, the bearers of these presents to your neighbourhood, to gather slaves belonging to the rights of his monastery, who are said to be there in concealment, begged that he should have your aid for that object. Wherefore, we command you, by this present order, that you would be alert in giving them all reasonable concurrence and aid; so that you being present there and comforting them in this business, they may, with God’s aid, be able in a wholesome manner the sooner to perform the duty which has been laid upon them.”
The pope did not consider it unbecoming in the monastery of St. Severinus to hold slaves, nor irreligious for the abbot to send monks to bring back runaways, nor criminal for the monks to go looking for them, nor offensive to God, on his own part, to give letters to his officer and overseers to aid by all reasonable means to discover and to capture them.
The following document enters into details for the recovery of a runaway slave. It is found in lib. vii. ind. ii. epist. 107.
Gregorius Sergio Defensori.
De Petro puero fugâ lapso.
Filius noster vir magnificus Occilianus, tribunus Hydruntinæ civitatis, ad nos veniens, puerum unum, Petrum nomine, artis pistoriæ, ex jure germani nostri, ad eum noscitur perduxisse. Quem nunc fugâ lapsum ad partes illas reverti cognovimus. Experientia ergo tua, antequam ad Hydruntinam civitatem valeat is ipse contingere, sub quâ valueris celeritate, vel ad episcopum Hydruntinæ civitatis, vel ad prædictum tribunum, si vel alium quem in loco tuo te habere cognoscis, scripta dirigas, ut uxorem vel filios prædicti mancipii sub omni habere debeant cautelâ atque de ipso sollicitudinem gerere, ut preveniens valeat detineri, et mox, cum rebus suis omnibus quæ ad eum pertinent navi impositis, per fidelem personam huc modis omnibus destinari. Experientia itaque tua cum omni hoc studeat efficaciâ solertiâque perficere, ne de neglectu vel morâ nostros quod non optamus animos offendas.
“Gregory, to the Proctor Sergius.
“Concerning Peter, a servant who fled away.
“Our son Occilianus, a highly respectable man, a tribune of the city of Otranto, brought with him to our cousin, as is known, when he was coming to us, a boy named Peter, a baker, who belonged to that cousin. We have now learned that he has run away, and returned to your country. Let then it be your care, experienced sir, before he shall be able to get back to Otranto, to direct, as quickly as you can, a writing to the bishop of Otranto, or to the foresaid tribune himself, or to any one else whom you know, that you can depute, to have a good care of the wife or children of the said slave, and to be very careful respecting himself, that as soon as he shall arrive he may be detained, and sent with every thing that pertains to him, by all means hither, embarking them on board a ship under care of some faithful person.
“You, experienced sir, will therefore exert yourself to do this with all attention and effect, so as not to displease us by a delay or neglect, which we should not desire.”
The following is taken from lib. viii. indic. iii. epist. 4.
Gregorius, Fantino Defensori.
De mancipiis Romani spectabilis viri.
Mancipia juris Romani spectabilis memoriæ viri, qui in domo suâ guæ Neapoli sita est monasterium ordinari constituit, habitare in Siciliâ perhibentur. Et quia monasterium ipsum juxta voluntatem ejus, Deo auctore, noscitur ordinatum, experientia tua præsentium portitoribus, qui ad recolligenda mancipia ipsa illuc directi sunt, omni studio solatiari festinet, et recollectis eis, possessiones illi ubi laborare debeant, te solatiante, conducant. Et quidquid eorum labore accesserit, reservato unde ipsi possint subsistere, reliqua ad prædictum monasterium, experientiæ tuæ curâ, annis singulis, auxiliante Domino, transmittantur.
“Gregory, to the Proctor Fantinus.
“Concerning the slaves of the honourable man Romanus.
“The slaves of the man of honourable memory, Romanus, who directed that his house in Naples should be formed into a monastery, are said to dwell in Sicily. And as it is known that, with God’s help, the monastery has been established according to the regulations of his will; you, experienced sir, will without delay use your best efforts to aid the bearers of these presents, who are sent thither, to collect those slaves: and when they shall be collected, let them hire lands under your countenance, where they may labour; keeping them out of their produce of labour, whatever may be necessary for their support; let the remainder, under the care of you, experienced sir, be sent, with God’s help, every year to the foresaid monastery.”
Gregorius, Vitali Defensori Sardiniæ.
De Barbaricinis mancipiis comparandis.
Bonifacium præsentium portitorem, notarium scilicet nostrum, nos experientia tua illuc transmisisse cognoscat, ut in utilitatem parochiæ Barbaricina debeat mancipia comparare. Et ideo experientia tua omnino et studio sesolliciteque concurrat, ut bono pretio, et talia debeat comparare, quæ inministerio parochiæ utilia valeant inveniri, atque emptis eis huc Deo protegente is ipse celerius possit remeare. Ita ergo te in hac re exhibere festina, ut te quasi servientium amatorem, quorum usibus emuntur, ostendas, et nobis ipsi te de tuâ valeant sollicitudine commendare.
“Gregory, to Vitalis, Proctor of Sardinia.
“Of buying Barbary slaves.
“Know, experienced sir, that Boniface, our notary, the bearer of these presents, has been sent by us to your place to purchase some Barbary slaves for the use of the hospital. And therefore, you will be careful to concur diligently and attentively with him, that he may buy them at a good rate, and such as would be found useful for the service of the hospital. And that having bought them, he may, under the protection of God, very speedily return hither. Do you then be prompt to show yourself in this business so as to exhibit your affection for those who serve the hospital, and for whose use the purchase is made, and that they may have it in their power to commend you to us for your zeal in their regard.”
The word parochiæ, which is translated “hospital,” is more properly ptochia in some of the ancient MSS., which is a sort of Latinized imitation of πτωχία—a house for feeding the poor. Gregory had a large establishment of this description in Rome, attended by pious monks, for whose service those barbarians were purchased. Procopius informs us, lib. ii. de Bello Vandanco, cap. 13, who these Barbary slaves were. “When the Vandals had conquered the Moors of Africa, they were annoyed by the incursions of some of the barbarians of the southern part of Numidia. In order to prevent this, they seized upon them, their wives and children, and transported them to the island of Sardinia: kept prisoners and slaves for some time here, they escaped to the vicinity of Cagliari, and, forming a body of 3000 men, they regained a sort of freedom. Gregory made various efforts to convert them. They who were kept in thraldom were frequently purchased, as in this instance, by the Italians and others.”
This is the first instance on record of the purchase of negro slaves by the church, and occurred about the year 600. At that time, white slaves cost less than the expense of importation from Africa.
In his sixth book, ep. 21, Gregory commands the priest Candidus, who was his agent in Gaul, to purchase four of the brothers of one Dominic, who complained to him that they were redeemed from their captors by Jews in Narbonne, and held by them in slavery.
The seventh book, ep. 22, to John, the bishop of Syracuse, is a very curious document. It recites the case of one Felix, who was a slave born of Christian parents, and given in his youth as a present to a Jew by a Christian owner: he served illegally during nineteen years the Jew who was disqualified from holding a Christian slave; but Maximinian the former bishop of Syracuse, learning the facts, had, as in duty bound, Felix discharged from this service and made free. Five years subsequently, a son of the Jew became, or pretended to become, a Christian, and being thus qualified to hold a Christian slave, claimed Felix as his property. Felix appealed to the pope, and the letter to the bishop of Syracuse is a decision in favour of his freedom, containing also an order to the bishop to protect him and defend his liberty.