Our son Theodosius, abbot of the Monastery founded by the late Patrician Liberius in Campania, is known to have intimated to us that the late illustrious lady Rustica about one and twenty years ago, in the will that she made, appointed in the first place Felix, her husband, to be her heir, and delegated to him the foundation of a Monastery in Sicily; but on this condition,—that if he should not within the space of one year pay all the legacies bequeathed to her freedmen, or establish the aforesaid Monastery as she desired, then the holy Roman Church should have undisputed claim to the portion which she was understood to have in the farm of Cumas, and that it should lend aid for paying the above legacies, and for the construction of the said monastery. Hence, seeing that, as is said, the bequeathed property has not so far been made over in full to this same monastery, and some part of the possession is up to this time detained by her heirs, let thy Experience thoroughly enquire into and examine the case. And in the first place indeed, if under the conditions of the will any heirship comes in wherein our Church may have a plea, we desire thee to investigate and clearly ascertain it, and act for the advantage of the poor, as the order of the business may require; and then to be instantly solicitous for the due establishment of that cell, and the recovery of the bequeathed property, to the end that the pious desire of the testatrix may be fulfilled in both respects, and the unjust detainers of the property may learn from just loss the guilt of their undue p. 11 retention. With all vivacity, then, we desire thee both to enquire into this case and, with the help of the Lord, to bring it to an issue, that the pious devotion of the ordainer may at length take effect. But we desire thee also, as far as justice allows, to succour this monastery in all ways, that lay persons who ought to have rendered the succour of their assistance may not, as is asserted, have power of doing hurt in the name of the founder.
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