Letter 6001: Gregory to Marinianus, Bishop of Ravenna. As unjust demands should not be conceded, so the petition of such as desire what is lawful ought not to be set aside. Now your Fraternity's presbyters, deacons and clergy have presented to us a petition complaining that the late John, your predecessor, made a will burdening his Church with various bequests.

Gregory to Marinianus, Bishop of Ravenna. Just as unjust demands should not be granted, so the request of those who seek what is lawful should not be refused. Your Brotherhood's priests, deacons, and clergy have submitted a petition complaining that your predecessor John, in his will, burdened the Church with various bequests. They ask that these bequests, which are to the Church's detriment, should under no pretext be honored, since they are prohibited by law. Although John renounced his inheritance and you are therefore under no obligation to honor such claims, I urge you over and above this: regarding any bequests he made, contrary to law, from Church property or from property he acquired during his episcopate, your Brotherhood must neither lend your authority nor in any way consent to them. However, if he made any disposition of private property that he owned before his episcopate and had not previously given to the Church, that disposition must be held valid and no cleric should unreasonably attempt to set it aside. Since during his life he often asked me to confirm by my authority what he had conferred on the monastery he built near the church of Saint Apollinaris, and I promised to do so, I urge your Brotherhood to allow nothing of what he established there to be diminished, but to preserve and firmly maintain it all. Although he mentioned this monastery in his will, know that I confirmed this not because of his last wishes but because of the promise I made him in life.

Book VI, Letter 1 To Marinianus, Bishop. Gregory to Marinianus, Bishop of Ravenna. As unjust demands should not be conceded, so the petition of such as desire what is lawful ought not to be set aside. Now your Fraternity's presbyters, deacons and clergy have presented to us a petition complaining that the late John, your predecessor, made a will burdening his Church with various bequests. And they have petitioned that these, which are to the detriment of his Church, should under no excuse be paid, as being prohibited by law. And although, heredity and succession having been by him renounced, no reason binds you to satisfy any such claims, nevertheless we hereby exhort you over and above that with regard to such bequests as he has made, contrary to the ordinances of the laws, of property belonging to his Church, or acquired by him in his episcopate, your Fraternity neither lend your authority nor on any account consent to them. But, if he has wished or directed anything to be done with regard to his private property which he had before his episcopate, and which he had not previously bestowed upon his Church, it is necessary that this disposition should be held valid in all respects, and that no one of the ecclesiastics should attempt against reason on any pretext to set it aside. But, inasmuch as during his life he often begged of us that we should confirm by our authority what he had conferred on the monastery which he had himself constructed near the church of Saint Apollinaris, and we promised to do this, we hold it needful to exhort your Fraternity to suffer nothing of what he has there conferred and constituted to be diminished, but to see to all being preserved and firmly established. Since, then, he is known to have made mention of this monastery, and of the property conferred on it, in the will which he made, you must know that we have not confirmed this part of it by reason of our following his last wishes, but because, as we have said, we promised it to him when he was alive. Let your Fraternity, therefore, make haste so carefully to accomplish all these things that both what was by him constituted and by us confirmed in the above-named monastery may be maintained, and what he has by will directed to be given or done to the detriment of his Church may have no validity, seeing that the law forbids it.

Gregorius Mariniano episcopo Ravennz. Sicut injusta poscenlibus nullus est tribuendus ef- ſectus, ita legitima desiderantium non est differenda petitio. Presbyteri igitur, ac diaconi, atque clerus ſraternilatis vestre oblala nobis petitione conquesti sunt Joannem quondam- decessorem tuum ®* condito lestamento diversa in Ecclesiz sue gravamina con- 8cripsisse. Et petiverunt ut bc in damnum Eccle- Sie suz, [rohibente quippe lege, nulla deberent oc-" 2a8ioue persolvi. > Et quamvis, postquam hzreditas tfius Successioque repudiala est, ad hiec le 5atisfa- / cienda raiio nulla constringat, verumtamen ex abun- LIBER VI. Al. LIBER V. 'D Erisr. 1. — ® In Agathensi, c. 51, an. 506 : Si episcopus condito- tes!amento aliquid de ecclesiastict ju- ris proprictate legarerit, aliter non ralebil, nisi lantum- dem de juris proprii ſacultcte suppleverit. lem in Epaon., c. 17, an. 547. Distinguebant veteres cleri- corum res proprias a rebus Eccle-iz, quz eis quasi clericis competebant. Primas Jonare poterant ac le- gare, alias nec donare nec legare. Quidquid in clerica- tude Ecclesize bonis acquireban!, non sibi, non haxre- dibus cedebat, sed Ecclesiz cujus erant ministri. Op- limum utique Slatutum, ne Ecclesiz bonis d tescerent, ant haredes ditarent _ paupegibus. Legat stu- diosus causz 12 q. 5, 4, », et in Decrelal., lib. 11, lit. 25, de peculio clericorum, et 2v, de teslamentis, Clc. Ubi noctabit, etiam tempore Alexandri lll, in fine s#- = fr C danti his le hortamur affatibus, ut ea que © de Eec- clesiz suz vel de acquisitis in episcopatu rebus con- ' tra legum flieri statuia disposuit, 4 ſraternitas vestra nec auctoritatem preheat, nec aliqua in his ratione consentiat. Si quid aulem de propriis rebus, quas ante episcopatum habuit, quod quidem prius Eccle- Si2 sU2 NON Conlulit, fieri voluit vel decrevit, fir- mum per omnia robur obtinere necesse est, nec quisquam ecelesiasticorum id contra rationen tentet qualibet excusatione convellere. = Quia vero dum viveret (Grat. caus. 12, q. 5, can. 3) s-ypius a nobis expeliit ut ea quz in monasterio illo contulerat quod juxta ecclesiam sancti Apollinaris jpse conslruxeral nostra debuissemus auctoritale fir- mare, et nos ſacturos hoc- esse promisimus, frater- nilatem vesiram necessSario prievidimus adhbortan- culi x11 clericis non licuisse de bonis mobilibus que per Ecclesiam adepti erant teslari, sed lantum aliqua eleemosynz intuilu erogare moderate dum vivunt. In Antioch. Conc., ce. 24 et 25, de bonis Ecclesiz et episcoporum 5staluitur. In Cartbag., c. 52, de pecu- lio et emptionibus clericorum. GUssSANnv.