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.