Epistle XXIV.
To Romanus, Guardian (Defensorem).
Gregory to Romanus, &c.
Our son Theodosius, abbot of the Monastery founded by
the late Patrician Liberius in Campania, is known to have intimated to
us that the late illustrious lady Rustica about one and twenty years
ago, in the will that she made, appointed in the first place Felix, her
husband, to be her heir, and delegated to him the foundation of a
Monastery in Sicily; but on this condition,—that if he should not
within the space of one year pay all the legacies bequeathed to her
freedmen, or establish the aforesaid Monastery as she desired, then the
holy Roman Church should have undisputed claim to the portion which she
was understood to have in the farm of Cumas, and that it should lend
aid for paying the above legacies, and for the construction of the said
monastery. Hence, seeing that, as is said, the bequeathed
property has not so far been made over in full to this same monastery,
and some part of the possession is up to this time detained by her
heirs, let thy Experience thoroughly enquire into and examine the
case. And in the first place indeed, if under the conditions of
the will any heirship comes in wherein our Church may have a plea, we
desire thee to investigate and clearly ascertain it, and act for the
advantage of the poor, as the order of the business may require; and
then to be instantly solicitous for the due establishment of that cell,
and the recovery of the bequeathed property, to the end that the pious
desire of the testatrix may be fulfilled in both respects, and the
unjust detainers of the property may learn from just loss the guilt of
their undue
retention. With
all vivacity, then, we desire thee both to enquire into this case and,
with the help of the Lord, to bring it to an issue, that the pious
devotion of the ordainer may at length take effect. But we desire
thee also, as far as justice allows, to succour this monastery in all
ways, that lay persons who ought to have rendered the succour of their
assistance may not, as is asserted, have power of doing hurt in the
name of the founder.