Letter 10026: Gregory to Fortunatus, bishop of Naples.

[Editorial summary:] He is to urge John the palatine official neither to oppress the soap-makers nor to favor some of them in withdrawing from an agreement confirmed by oath. If John, when urged, does not listen, let the authority of the prefect be brought to bear. Gregory to Fortunatus, bishop of Naples. Augustine, the bearer of this present letter, who said that he had been sent in the stead of the rest of the soap-makers of your city, has made complaint to us that John, the most distinguished man, a palatine official, afflicts them in vain with many troubles, and strives to impose, to their prejudice, a great many new burdens upon their corporation. Finally, as he says, he compels them to promise him that, if anyone should wish to be associated with their craft, whatever profit may accrue from his entry-fee should go to his own advantage. He adds also that an agreement had been made among themselves, concerning certain reasonable articles of their craft, according to the ancient custom and with the consent of all, with a penalty interposed and laid down, and that this had been confirmed with an oath intervening; and that now certain ones of his own people, relying namely on his patronage, wish to withdraw from it, and that he thus extends protection to those wishing to act in contravention, so that-which is a grievous thing to say-they have more presumption in his defense than they have dread of the penalty, or fear even on account of the oath that was sworn. But if the matter stands thus, since what he does is itself harmful-seeing that by his defense he sets himself up as a sharer in another's sin-let your Fraternity approach him with fatherly exhortation, that he restrain himself from conduct of this kind, and impose nothing upon them to their prejudice, nor afflict them with any losses contrary to reason. [At this point the manuscripts carry editorial apparatus: variant readings noted as "D is read"; "In the same place, 'to your sons'"; "Letter XXVI [otherwise 27]"; "In the Rheims manuscript, with the Vatican I manuscript agreeing: 'and he strove to associate to their craft a great many new things, so that whatever profit from his entry...' Note here that already at that time craftsmen in the larger cities had banded together into guilds. The institution of those guilds Lampridius reports of Alexander Severus: he says, in his Life, 'He established corporations of all the wine-merchants, the greengrocers, the bootmakers, and indeed of all the crafts; and he gave them defenders from among their own number, and ordered which matters should pertain to which judges.' From this letter it may be inferred that John the palatine was the defender of the soap-makers." A further variant: "Vatican A: 'or on account of a false oath.'" The letter then continues:] Equally too provision must be made both that the agreement, where oaths have been sworn, be preserved, and that he not, with loss to his own soul, seek temporal gains by acting in contravention, lest he both incur the crime of perjury and not obtain the advantages he has wrongly desired. And if-which we do not believe-you perhaps see that the aforesaid John, the most distinguished man, defers your admonition, speak strictly with our most eminent son the prefect, so that he himself, just as we have caused to be stated in the present matter, may reasonably have it corrected in whatever way he shall foresee, to the end that the unjust will of certain persons may not oppress those who have sought the support of our protection, and that the other man may recognize that he has been forbidden from an unseemly deed rather for the benefit of his own soul. Given in the month of May, in the third indiction.

AD FORTUNATUM NEAPOLITANUM EPISCOPUNM. Joannem palatinum hortetur ut neque saponarios aſ- fligat , neque ipsorum .nonnultis ſaveat a pactione guramento firmata recedentibus. Hortantem 8i non audierit Joannes, accedat preſecti auctoritas. Gregorius Fortunato episcopo Neapolitano. Auguslinus prasentium portitor, qui reliquorum $2ponariorum Civitatis veStre vice $ese dixit esse lransmissum , queslus nobis est quod--Joannes vir clarissimus palatiuus multis eos frustra afiligat in- commodis, * atque nova plurima eorum corpori prz- judicialiter nilatur imponere. Denique ul, £icul ait, eos promittere $ibi compellat ut si quis arti eorum S0ciari voluerit, quidquid commodi de introitu ejus acces*erit , ipsi proficiat. Adjiciens quoque pactum inter se de quibusdam ratiohabilibus artis $uz ca- pitulis, juxta priscam consuetudinem omnium con- Selsu , interposita esse pena conſectum , atque id Sacramento interveniente firmatum, et ab eo nunc velle quosdam ex $uis, £jus videlicet patrocinio fre- tos, abscedere , Þalque ita contravenire cupientibus twitionem impendere, ut, quod dici grave est, plus in deſensione ejus presumptionem habeant , quam de pena penuriam , © vel de sacramento prstilo pos- Sint habere ſormidinem. Quod si ita se res habet, quia etiam ipsi quod agit adyersum est , quippe qui alieno $e peccato sua defensione conslituit esse par- ticipem , fraternitas vestra palerna. eun adbortalio- ne conveniat, ut ab hujusmodi se actu cohibeat, et praudicialiter illis nibil imponat, nec eos dispendiis quibuslibet contra rationei aſſligat. Paruter etiam D legitur. © Ibidem, filiis tris. Epist. XXVI [ Al. 27;. — * In Rhemens)j , consen- tiente Vatic. I, atque nova plurima eorum arti 80ciar voluerit, ut quidquid commodi de introitira ejus. Nola hic jam tune arlifices in amplis civitatibus in collegia coaluisse. Collegiorum illorum institutionem relert Lampridius ad Alexandrum Severum : Corpora, it- quit in ejus Vita, omnium constituit vinariorum , [t- pinariorum, caliqariorum, et omnino omniam arium z hisque ex 8ese defensores dedit, et jussit quid ad qu"s juhces pertineret. Ex hacepistola conjici polest Joali- nem palatinum ſuisse saponarioruin deſensorem. * Valic. A, vel de ſalso sacram. 1083 EPISTOLARUM-LIB. X. — INDICT. II. — EVIST. XXIX. 10% providendum est ut et pactum, ubi sacramenta sunt A doro Lilybetano quondam episcopo convenisse, ut in prxestita, conservelur, et cum dispendio anime $u# temporalia lucra contraveniendo 4 non appetat, ne et perjurii crimen incurrat, et commoda prave deside- rata non capiat. Et si, quod non credimus, admoni- ltionem vestram przxdictum Joannem virum clarissi- mum- videtis forte diſſerre, cum eminentissimo filio nostro preſecto 8tricte loquimini, ut ipse hoe, sicut in presenti dici ſecimus, quomodo previderit , ra- tionabiliter ſaciat emendari, quatenus el eos qui tui- tionis nostrz s8uſfragia quzesiverunt quurumdam Yo- Juntas injuste non opprimat, et iNle ab opere $e in- decenti prohibitum, pro suze magis anime utilitate coguoscat. © Datum mense Maii, indict. 3