The following is a deed of gift which the same Pope made, to assure the
possession of a slave to the bishop of Porto, one of the suburban sees
near Rome. It is curious, not merely as exhibiting the fact that the
pope and the See of Rome held and transferred slaves at this period, but
also as giving a specimen of a legal document of that date and tenor:—
* * * * *
LIB. X. EP. LII.—GREGORIUS, Felici Episcopo Portuensi.
Charitatis vestræ gratiâ provocati, no infructuosi vobis videamur
existere, præcipuè cum et minus vos habere servitia noverimus; ideo
Joannem juris ecclesiastici famulum, natione Sabinum, ex massâ Flavianâ,
annorum plus minus decem et octo, quem nostra voluntate jam diu
possidetis, fraternitati vestræ jure directo donamus atque concedimus;
ita ut cum habeatis, possideatis, atque juri proprietatique vestra
vindicetis atque defendatis, et quidquid de eo facere volueritis, quippe
ut dominus, ex hujus donationis jure libero potiamini arbitrio. Contra
quam munificentiæ nostræ chartulam nunquam nos successoresque nostros
noveris esse venturos. Hanc autem donationem a notario nostro
perscriptam legimus, atque subscripsimus, tribuentes etiam non expectatâ
professione vestrâ quo volueritis tempore alligandi licentiam legitimâ
stipulatione et sponsione interpositâ. Actum Romæ.
_Excited by our regard for your charitable person, that we may not
appear to be useless to you, especially as we know you are short of
servants: we therefore give and grant to you our brother, by our direct
right, John, a servant of the church domain, by birth a Sabine, of the
Flavian property, now aged about eighteen years, whom by our will you
have a good while had in your possession. So that you may have and
possess him, and preserve and maintain your right to him and defend him
as your property. And that you may, by the free gift of this donation,
enjoy the exercise of your will, to do what you may think proper in his
regard, as his lord._
_Against which paper of our munificence, you may know that neither we
nor our successors are ever to come. And we have read this deed of gift,
written out by our notary, and we have subscribed the same, not even
awaiting your profession, respecting the time you would desire license
to register it in the public acts by interposing the lawful process of
signature and covenant. Done at Rome, &c._
The _massa_ was generally a portion of land of about twelve acres: and
the servants belonging specially thereto are in the documents of this
and a later period generally called either _servi de_ (or _ex_) _massa_,
and when they subsequently became _conditioned_, or freed to a certain
extent, they were called _homines de masnada_, or other names equivalent
thereto.
LIB. V. EP. XXXIV.—GREGORIUS, Athemio Subdiacono.
Public-domain text, read in full here on John Shaqi.
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