Epistle XXXVI

Epistle XXXVI.

To Fortunatus, Bishop of Neapolis (Naples).

Gregory to Fortunatus, &c.

Having learnt what zeal inflames your Fraternity in behalf of Christian slaves whom Jews buy from the territories of Gaul, we apprize you that your solicitude has so pleased us that it is also our own deliberate judgment that they should be inhibited from traffic of this kind.  But we find from Basilius, the Hebrew, who has come here with other Jews, that such purchase is enjoined on them by divers judges of the republic, and that Christians along with pagans come to be thus procured.  Hence it has been necessary for the business to be adjusted with such cautious arrangement that neither they who give such orders should be thwarted, nor those who say they obey them against their will should bear any expense unjustly.  Accordingly, let your Fraternity with watchful care provide for this being observed and kept to; that, when they [i.e. the Jewish dealers] return from the aforesaid province, Christian slaves who may happen to be brought by them be either handed over to those who gave the order, or at all events sold to Christian purchasers within forty days.  And after the completion of this number of days let none of them in any way whatever remain in the hands of the Jews.  But, should any of these slaves perchance fall into such sickness that they cannot be sold within the appointed days, care is to be taken that, when they are restored to their former health, they be by all means disposed of as aforesaid.  For it is not fit that any should incur loss for a transaction that is free from blame.  But since, as often as anything new is ordained, it is usual so to lay down the rule for the future as not to condemn the past in large costs, if any slaves have remained in their hands from the purchase of the previous year, or have been recently taken away from them by you, let them have liberty to dispose of them while they are with you.  So may there be no possibility of their incurring loss for what they did in ignorance before the prohibition, such as it is right they should sustain after being forbidden.

Further, it has been reported to us that the above-named Basilius wishes to concede to his sons, who by the mercy of God are Christians, certain slaves, under the title of a gift, with the view that, under cover of the opportunity thus afforded, they may serve him as their master all but in name; and that, if after this any should perchance have believed that they might fly to the Church for refuge in order to become Christians, they may not be reclaimed to freedom, but to the dominion of those to whom they had before been given.  In this matter it befits your Fraternity to keep becoming watch.  And, if he should wish to give any slaves to his sons, that all occasion of fraud may be removed, let them by all means become Christians, and let them not remain in his house; but, when circumstances may require that he should have their services, let them be commanded to render him what, even in any case, from his sons, and for God’s sake, it is fitting should be supplied to him.