To Donus, Bishop of Messana (in Sicily).
Gregory to Donus, &c.
The most eloquent man, our son Faustinus, has come to us and complained that his late father Peltrasius left some things which were not his own to your Church for his burial. And indeed he knows himself, and we have p. 233b heard, what the secular law is in such a case; namely, that the heir is bound to pay if his father has bequeathed what was not his own. But, as we know that your Fraternity lives by the law of God and not of the world, it seems to me very unjust that an amber cup, and a boy who is said to be of a certain church situate on his property in the diocese of Consentia, should be detained by thy Fraternity. For, when the most reverend Palumbus, now bishop, but then archdeacon, had testified that things were as I have said, you certainly ought to have taken his word, and restored what was not your own. Further, you ought in my opinion to have considered the golden brooch, which would be his whole substance were there anything for the sustenance of those he had left behind him, and accepted it at that time for his burial. Nevertheless, you know our ordinance, how that we have entirely forbidden the old custom in our Church, nor give our assent to any one being allowed to acquire burial-places for a human body for a price. For, if the men of Sichem, who were as we suppose Gentiles, offered without charge to Abraham sepulture for the dead Sara to be buried in a place of her own, and were hardly prevailed upon by his great importunity to receive a price for her place of burial, ought we, who are called bishops, to make any charge for burying the bodies of the faithful? This, then, we commit to the judgment of your Fraternity 1732 .
The aforesaid most eloquent man complains also of this; that Sisinnius, the guardian (defensor) of thy Church, unreasonably detains slaves in his possession: concerning whom also he asserts that it had been decided by the judgment of bishop Maximianus of holy memory that the detainer of them should give them up, but that he has so far wilfully put off their restitution. We therefore exhort thy Fraternity that, if the case has manifestly been adjudged, what was ordained be carried out. Otherwise, some one being deputed to act in the case, cause him to resort to the parts of our brother and fellow-bishop Secundinus for judgment, that, when it shall have been declared by his sentence to whom the slaves in question belong, neither the one party may appear to suffer prejudice nor the other bear a grudge.
For similar disapproval of burial fees, cf. IX. 3.