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You, experienced sir, are well aware that Peter, whom we made a proctor, is a native of the estate of our church territory which is called Vitelas. And as our desire is to act towards him with such favour as is compatible with avoiding any injury to the church, we command you by this precept, that you should strictly warn him not to presume, under any pretext or excuse, to have his children joined in wedlock anywhere but on that estate to which they may be bound by law or by condition. In which matter it is quite necessary that you, experienced sir, be very careful, and instil into them a fear to prevent any of them from going on any account beyond the estate to which they are subject by origin. For if any one of them shall presume, as we believe he will not, to go thence, let him be assured that he shall never have our consent either to dwell or to associate himself without the estate on which he was born, but that the land of any such person shall be more heavily charged (superscribi). And know you, that if, by your negligence, any of them shall attempt to do any of those things which we prohibit, you will incur no small danger."

Many of the restrictions on marriage that are found in subse quent ages, under the feudal system, had their origin in this prin ciple, because indeed the vassal, in feudal times, was but a slave under a more loose dominion in a mitigated form.

The following document shows that, in the west, the separation f married persons was very uncommon, (quam sit inauditum atque cmdele, unheard of and cruel.) It is found in lib. iii. indic. iii. ep. xi. GREGORIUS, Maximiano Episcopo Syracusano.

De uxore cujusdam ablatâ et alteri venumdatâ.

Tanta nobis subinde mala, quæ aguntur in istâ provinciâ, runciantur, ut peccatis facientibus, quod avertat omnipotens Deus, celeriter eam perituram credamus. Præsentium namque portitor veniens lacrymabiliter quæstus est, ante plurimos annos ab homine nescio quo de possessione Messanensis ecclesiæ de fontibus se susceptum, et violenter diversis suasionibus puellæ ipsius junctum, ex quâ juvenculos filios jam habere se asseruit, et quam nunc videnter huic disjunctam abstulisse dicitur, atque cuidam alii venumcedisse. Quod si verum est, quam sit inauditum atque crudele malım, tua bene dilectio perspicit. Ideoque admonemus, ut hoc tantum nefas sub ea vivacite, quam te in causis piis habere certissime scimus, requiras atque discutias. Et si ita, ut supradictus portita insinuavit, esse cognoveris, non solum quod male factum est, al statum

pristinum revocare curabis; sed et vindictam, quæ Deum possit placare, exhibere modis omnibus festinabis. Episcopum vero, qui homines suos talia agentes corrigere negligit atque emendare, vehementer aggredere, proponens, quia si denuo talis ad nos de quoquam qui ad eum pertinet quærela pervenerit, non in eum qui excesserit, sed in ipsum canonice vindicta procedet.

"GREGORY to Maximian, Bishop of Syracuse.

"Concerning the wife of some one that was taken away and sold

to another.

"We are told of so many bad things done in that province, that we are led to believe, which may God forbid, the place must soon be destroyed.

"Now, the bearer of these presents complained to us in a pitiable, manner, that many years ago, some man whom I know not, belonging to the church of Messina stood as his sponsor at baptism, and prevailed upon him by extreme urgency to marry his servant, by whom, he says, he has now young children, and whom now this man has violently taken away and sold to another. If this be true, you, our beloved, will see plainly how unheard of and how cruel is the evil. We therefore admonish you to look into and to sift so great a crime, with that earnestness which we assuredly know you have in matters of piety: and should you come to know that the fact is as the aforesaid bearer has stated, you will be careful not only to bring back to its former state that which was badly done, but you will quickly, by all means, have that punishment inflicted which may appease God. Give a severe lecture to the bishop that neglected to correct or to amend his people who do such things; setting before him that if a like complaint comes to us again of any one who belongs to him, canonical process for punishment shall issue, not against the one that shall have done wrong, but against himself."

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 nos trum, 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 quæ 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