Letter 1009: Gregory, a servant of God, presbyter and abbot of the monastery of Saint Theodore in the province of Sicily constituted in the territory of Panormus, has given us to understand that men of the farm of Fulloniacus, which belongs to the holy Roman Church, are endeavouring to encroach on the boundaries of the farm of Gerdinia, bordering on the said...

Gregory to Peter, Subdeacon. Gregory, servant of God, presbyter and abbot of the monastery of Saint Theodore in the province of Sicily, located in the territory of Palermo, has informed us that tenants of the farm of Fulloniacus -- which belongs to the holy Roman Church -- are attempting to encroach on the boundaries of the farm of Gerdinia. This neighboring farm, which borders the property of the holy Roman Church, has been in the monastery's undisputed possession for countless years. We therefore direct you to go to Palermo and investigate the matter as follows: if you find that the monastery of Saint Theodore has held the disputed boundaries without challenge for forty years, you are not to allow it to suffer any loss -- even if the claim would benefit the holy Roman Church. Ensure the monastery's possession remains entirely secure. If, however, the agents of the holy Roman Church can demonstrate that the monastery has not held undisputed possession for the full forty years, and that a challenge was raised within that period, then the matter should be settled peacefully and lawfully through appointed arbitrators. We have no wish to raise accusations of wrongdoing where none have previously existed. We do, however, want disputes raised by others to be resolved promptly. See to it, therefore, that everything is settled so thoroughly that no further question on this matter ever comes back to us. Additionally, we direct that the will of the late Bacauda, former xenodochus, remain in full force as originally executed. The month of November; ninth indiction.

Book I, Letter 9 To Peter the Subdeacon. Gregory to Peter, etc. Gregory, a servant of God, presbyter and abbot of the monastery of Saint Theodore in the province of Sicily constituted in the territory of Panormus, has given us to understand that men of the farm of Fulloniacus, which belongs to the holy Roman Church, are endeavouring to encroach on the boundaries of the farm of Gerdinia, bordering on the said farm of the holy Roman Church, which they [i.e. monks of St. Theodore] have possessed without dispute for innumerable years. And for this cause we desire you to go to the city of Panormus, and investigate the question in such sort (with the view of the right of possession remaining with those who have had it heretofore) that, if you shall find that the aforesaid monastery of Saint Theodore has possessed the boundaries concerning which the dispute has arisen without disturbance for forty years, you shall not allow it to suffer any damage, even though it were to the advantage of the holy Roman Church, but provide in all ways for its undisturbed security. But, if the agents of the holy Roman Church should show that the monastery has not been in possession without dispute of its right for forty years, but that any question has been raised within that time concerning the said boundaries, let it be set at rest peaceably and legally by arbitrators chosen for the purpose. For not only do we wish that questions of wrong-doing that have never yet been mooted should be raised, but also that such as have been raised by others than ourselves should be speedily set at rest. Let your experience, therefore, cause all to be so effectively adjusted, that no question relating to this matter may be hereafter referred to us again. Further, we desire that the testament of Bacauda, late Xenodochus, continue valid as when first made. The month of November: ninth Indiction.

Gregorius Petro subdiacono. Gregorius servus Dei, presbyter et abbas iona- slerii sancti Theodori in Sicilia provincis, territorio Panormitano constituti, insinuavit nobis homines fundi * Fulloniaci, juris sanctiz Ecclesis® Romana, fines ſundi Gerdimiz, collimitantis eidem praefato ſundo Ecclesiz sanctz Romanz, - quos quieto- jure per innumeros annos possederuut, velle pervadere. ; 2. quando jungualur , jta ut una Sit inſerior , altera superior , quo casu vicario opus est, cap. Exsilirpande, s (ui vers, de Prezbendis; 3. quando ambabus suum titulum dumque retinentibus idem minister preſficitur. xtra Ne sede vacante, cap. 1 et 16, q. 1, et cap. Et lemporis. Episcopatuum unio soli Romano pontiſici tandem reservata. Vide extra lib; 1, tit. 7, de trans- latione episcopi, cap. 1, 2 el 4, et cap. Quod trans- dicitur , sed et ryvwpuevov lem te ad Panormilanam civitatem, quzstionem ipsam tali ratione discutere, dominio rei apud pos- ses80rem, Sicuti hactenus possessum es, videlicet permanente, ut 8si monasterium preſatum sancti Theodori fines, de quibus Þ causatio mota est, in- conecussis © quadraginta annis possedisse repereris, nullam deinceps, etiam si quid AY sancizz Roma- ue Ecclesiz compelere potuit, patiaris sustinere 4 calumniam, sed quietem eorum inconcussam modis omnibus procurare. Sin vero © actores sanctz Eccle- si non eos possedisse quadraginta annos incon- cuss0 jure monst(raverint, sed aliquam - intra hee tempora motam ſuisse aliquaado quzxstionem eorume dem finium, electis arbitris, tranquille et legaliter SOpiatur. Nos enim non solum nunquam mola susCie tari volumus, verum etiam quz prava foris admo- ventur, sopire modis omnibus festinamus. Jta ergo experientia tua cuncta faciat effectibus mancipari, ne qua post hac hujus rei ad nos quzslio reverta- tur. Testamentum autem Bacandze quondam xenodo- chi in ea qua conditum est volumus - firmitate persi- slere. |