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); 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 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 you are said also to have in your 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 you to pay every year without any hesitation to the granddaughter of Euplus the farmer, although she may have received all the chattels of the said Euplus, except perhaps his cash; and we desire you also to give her out of his cash five-and-twenty solidi. A silver saucer 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 your Solicitude for that, after I had enjoined you, in the business of my brother, to send him back his money, you have so consigned the matter to oblivion as if something had been said to you by the last of your slaves. But now let even your Negligence— I cannot say your Experience— study to get this done; and whatever of his you may 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 you, 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, you may make answer as may appear to you 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.
We desire you 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 priests, or any others of the clergy, we desire you 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 you to make an annual provision; which provision do you estimate yourself as to what it ought to be, that it may be reported to me and charged in your accounts. With regard to the present indiction I have already got information from our son the servant of God Diaconus.
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.
As to the money of Rusticianus, look thoroughly into the case, and carry out what appears to you to be just. Admonish the magnificent Alexander to conclude the cause between himself and holy Church; which if he perhaps shall neglect to do, do thou, in the fear of God and with honour preserved, bring this same cause to an issue as you are able. We desire you 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 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 you have told us of, since you have them by you. But give something, according to your discretion, to the agent whom you have deputed in the same patrimony.
Source: Register of Letters (New Advent)