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| To Januarius, Bishop.
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Epistle XV.
To Januarius, Bishop.
Gregory to Januarius, Bishop of Caralis
(Cagliari).
Theodosia, a religious lady, being desirous of carrying
out the intention of her late husband
Stephen by the building of a
monastery1536
| 1536 See also IV. 8, and
V. 2. | , has begged us
to transmit our letters to your Fraternity, whereby, through our
commendation, she may the more readily be counted worthy of your
aid. She asserts that her husband had given directions for the
monastery to be constructed on the farm called Piscenas, which has come
into the possession of the guest-house (Xenodochii)
of the late bishop Thomas. Now, though the possessor of the
property would allow her to found it on land that is not her own, yet
seeing that the Lord with reason
objects1537
| 1537 The farm Piscenas
appears to have been held by the tenure called
Emphyteusis, according to which the possessor of
the land (called also Emphyteuta) was not its real owner,
though on condition of his cultivating it properly and paying certain
fixed dues to the owner (dominus), he had a perpetual right of
possession (jus in re), which passed to his heirs, and could be
sold by him to others. In the latter case, however, the
dominus had the option of himself buying up the
possessor’s right at the price offered by the proposed purchaser,
and he could object to the transference of possessio to persons
unable to maintain the property in good condition. In all cases
of transference, other than devolution to heirs, a fiftieth part of the
purchase money, or of the value of the property, was also payable to
the dominus. (Article on Emphyteusis in
Smith’s Dictionary of Greek and Roman Antiquities.) In the
case before us the lord of the property seems to have refused his
consent to any part of it being alienated in Mortmain to a
monastery. It may be supposed that the possession of the farm
Piscenas had been in Stephen the testator himself when he directed a
monastery to be founded on it, and that it had passed after his death
into other hands. | , we have
thought it right to agree to her petition; which is that she should,
with the Lord’s help, construct a
monastery for handmaidens of God in a house
belonging to herself, which she asserts that she has at Caralis.
But, since she says that the aforesaid house is burdened by guests and
visitors, we exhort thy Fraternity to take pains to assist her in all
ways, and lend the aid of thy protection to her devotion, so that thy
assistance and assiduity may make thee partaker of the reward of her
departed husband’s earnestness and her own. As to the
relics which she requests may be placed there, we desire that they be
deposited with due reverence by thy Fraternity.E.C.F. INDEX & SEARCH
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