Epistle XXVI.
To Romanus, Guardian (Defensorem).
Gregory to Romanus, &c.
Although the law with reason allows not things that come
into possession of the Church to be alienated, yet sometimes the
strictness of the rule should be moderated, where regard to mercy
invites to it, especially when there is so great a quantity that the
giver is not burdened, and the poverty of the receiver is considerably
relieved. And so, inasmuch as Stephania, the bearer of these
presents, having come hither with her little son Calixenus (whom she
asserts that she bare to her late husband Peter, saying also that she
has laboured under extreme poverty), demanded of us with supplication
and tears that we should cause to be restored to the same Calixenus the
possession of a house in the city of Catana, which Ammonia, her late
mother-in-law, the grandmother of Calixenus, had offered by title of
gift to our Church; asserting that the said Ammonia had not power to
alienate it, and that it belonged altogether to the aforesaid
Calixenus, her son; which assertion our most beloved son Cyprian, the
deacon, who was acquainted with the case, contradicted, saying that the
complaint of the aforesaid woman had not justice to go on, and that she
could not reasonably claim or seek to recover that house in the name of
her son; but, lest we should seem to leave the tears of the above named
woman without effect, and to follow the way of rigour rather than
embrace the plea of pity, we command thee by this precept to restore
the said house to the above-named Calixenus, together with
Ammonia’s deed of gift with respect to this same house, which is
known to be there in Sicily;—since, as we have said, it is better
in doubtful cases not to execute strictness, but rather to be inclined
to the side of benignity, especially when by the cession of a small
matter the Church is not burdened, and succour is mercifully given to a
poor orphan.
Given in the month of November, Indiction 2.