Epistle XII.
To Montana and Thomas.
Gregory to Montana, &c.
Since our Redeemer, the Maker of every creature,
vouchsafed to assume human flesh for this end, that, the chain of
slavery wherewith we were held being broken by the grace of His
Divinity, He might restore us to pristine liberty, it is a salutary
deed if men whom nature originally produced free, and whom the law of
nations has subjected to the yoke of slavery, be restored by the
benefit of manumission to the liberty in which they were born.
And so, moved by loving-kindness and by consideration of this case, we
make you, Montana and Thomas, servants of the holy Roman Church which
with the help of
God
we serve, free from this
day, and Roman citizens, and we release to you all your private
property.
And, inasmuch as thou, Montana, declarest that
thou hast applied thy mind to monastic profession, we therefore this
day give and grant to thee two
unciæ
, which the presbyter
Gaudiosus by the disposition of his last will is known to have left to
thee in the way of institution
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, provided that
all go in all respects to the advantage of the monastery of Saint
Laurence, over which the abbess Constantina presides, and in which by
the mercy of
God
thou art about to make
profession. But, if it should appear that thou hast in any way
concealed any part of the property left by the above-written Gaudiosus,
the whole of this must undoubtedly be transferred to the possession of
our Church.
Moreover to
thee, Thomas above-written, whom for enhancement of thy freedom we
desire also to serve among the notaries, we in like manner this day
give and grant by this writ of manumission the five
unciæ
which the aforesaid presbyter Gaudiosus by his last will left to thee
under the title of inheritance, together with the dowry which he had
bestowed upon thy mother; to wit with this annexed law and condition,
that, in case of thy dying without legitimate children, that is
children born in lawful wedlock, all that we have granted thee shall
revert without any diminution to the possession of the holy Roman
Church. But, if thou shouldest have children both in wedlock, as
we have said, and recognized by the law, and shouldest leave them
surviving thee, then we appoint thee to remain master of this same
property without any condition, and give thee full power to make a will
with respect to it. These things, then, which we have appointed
and granted by this charter of manumission, know ye that we and our
successors will observe without any demur. For the rule of
justice and reason suggests that one who desires his own orders to be
observed by his successors should undoubtedly keep to the will and
ordinances of his predecessor. This writ of manumission we have
dictated to the notary Paterius to be put in writing, and for the
fullest security have subscribed it with our own hand, together with
three chief presbyters and three deacons, and have delivered it to
you.
Done in the city of Rome.
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Institutionis
; a legal term, denoting apparently the
constituting of a person as an inheriter.