Letter 28: Two clergymen of the church of Grumentum — Silvester and Faustinianus — have tearfully complained to Gelasius that...

Of Pope Gelasius, to the bishops Crispinus and Sabinus. He assigns the case of two clerics, who are claimed back from their freedom, to the judgment of those bishops in accordance with the divine and public laws. Gelasius the pope to the bishops Crispinus and Sabinus. Silvester and Faustinianus, clerics of the church of Gnumentum [the see of Gnumentum/Numentum], have lamented to us with a tearful representation that the freedom granted to them by the kindness of their master is being assailed by the oppression of his heirs, and that one of them, who has served in the office of the clergy almost from the cradle, and who has moreover been honored by his manumitter with the rank of presbyter, they seek to recall to the church of his estate, not that he should render the customary service of a slave, but that he should there celebrate the sacred mysteries of the Mass. [Editorial footnote: Mention is made of originarii both in the Novel of Valentinian III (ed. Haenel, title 34, paragraph 6) and in the Novel of Majorian, title 7, paragraph 7, but most of all in the Code of Justinian, book 11, title 46. There, in law 11, the emperors Arcadius and Honorius decree: that originarius coloni are to be exempted by no privileges, by no dignity, by no authority of the census assessment, but that, all things which have sometimes been obtained through favor being cut off, they are to be restored to their master or to the estate. Those were called originarii who, born of registered coloni upon the very soil, could be sold neither without the land on which they had been born, nor without the glebe, as is taught in laws 7 and 15 of the book and title just cited.] [Editorial footnote: By the prescript of the law set forth above in letter 20, to which Gelasius is accustomed to adapt his decrees and definitions, it sufficiently appears that they may appoint vicars in their own place. But Gelasius declares that he does not permit them this option for the reason that he held those not to have been lawfully ordained, since a contradiction had preceded.] [In the year 494:] To those who have nonetheless been appointed in the same office while he is still living, it is not permitted to render service to the divine mysteries: since, if the truth confirms the petition, then from those who come against the deed of their father and benefactor the inheritance is by the laws taken away from them as unworthy, nor is it permitted to them, while they receive the inheritance, to leap up against the judgment of their benefactor. And therefore, dearest brothers, since they complain that they are oppressed also by the archdeacon of the said church, who through their absence promised that they would follow the judgment of the administrator, all reasons being trodden under foot, and who, contrary to the divine and public laws being violated, thought that their proper forum was being taken away from them: let whoever he is that harasses the cleric come before your judgment, so that the rights of the Church, which the ancient princes have confirmed by constant sanction, may not be denied to clerics when they are sued.

Gelasii papae ad Crispinum et Sabinum episcopos. ^96*) t5. Duo9 elericos de libertate sua petitos cognitioni illorttm episcoporum secundum leges divinas et publicas addicit. Gelasius papa Crispino et Sabino episcopis. Silvester et Faustinianus ecclesiae Gnmientinae^) clerici lacrj- mosa nobis insinuatione conquesti sunt, libertatem sibi domini sui benignitate concessam haeredum ejus oppressioue pulsari, sibique in dericatus officio pene a cmiabulis servientibus, etiam manumissore presbyteri honore decoratum ad fundi sui ecclesiam revocare, iion ut solitum •ervi ministerium impendat, sed ut sacra missarum mysteria ibi cclebret. ») Origiuariorum fit mentio tum in novella Valentiniani III (ed. Haenel. tit. 34 § 6, tum in novella Majoriani tit. 7 § 7, maxime vero cod. Justin. lib. 11 tit. 46. Ibi autcm leg. 11 Arcadius et Honorius imp. constituunt: Originarios coioHOS nuliis privilegiis, mdla dignitate, nuUa census auctoritate excusari praecipi- r, sed amputatia omnibu^, quae aliquoiies per gratiam sunt elicita, domino t^el fundo reddendos. Dli originarii dicebantur, qui ex adscriptitiis colonis in ipso solo nati, ncc sine terra, in qua nati erant, ncc sine gleba vendi potcrant, ut libro ac titulo proxime dtatis Icg. 7 et 15 docetur. ') Ex praescripto legis superius in epistola 20 relatac, ad quam Gelasius dec^eta definitioneBque suas accomodarc solet, satis ois orat, vicarios sui loco «if&cere. At Gelasiufl hanc eis optionem idco non porniittore so declarat, quia contradictione praeeunte non legitime creatos censebat. (a. 494 vivente in eodem actu nihilominus constitutis, divinis mysteriis im- *^ pendere servitium non licere: quum si petitionem veritas subsequator, contra patris et auctoris^) sui factum venientibus, ut indignis, hae- reditas legibus auferatur, nec eis liceat haereditatem capientibus contra auctoris sui prosilire judicium. Et ideo, fratres carissimi, quoniam se etiam ab archidiacono dictae ecclesiae queruntur oppres- sos, qui per eorum absentiam moderatoris judicium promisit eos esse secuturos calcatis omnibus rationibus, atque^) contra leges divinas et publicas pulsatis forum suum putavit auferri; in yestro judicio, quisquis*) ille est qui clericum lacessit, adveniat: ut Eccle- siae jura^ quae vetusti principes assidua sanctione firmaverint, im- petitis clericis non negentur.