Distinction XCVI

GRATIAN. But that decree of the Emperor Honorius which is read above to have been established concerning the election of the Supreme Pontiff is proved to be of no weight, since the faculty of disposing not only concerning orders but not even concerning ecclesiastical property is read ever to have been attributed to laymen. Hence whatever things are found to have been decreed by princes concerning orders or ecclesiastical property are shown to be of no authority. Hence Symmachus, Bishop of the catholic Church of the city of Rome, presiding in a Synod, said:

Your fraternity, having rightly pursued the ecclesiastical laws, under fear of divine judgment determined the things which were to be established and arrived at the summit of justice, since it sufficiently embraces all things and its fullness needs no addition, especially concerning the clerics whom love of domination has invaded and made reject the yoke of ecclesiastical discipline. § 1. It is difficult to relate their transgressions; nevertheless, I do not defer to make known to your venerable order one thing which comes to mind. Among other things, I report that Basilius of illustrious memory composed a certain document, as if from love of ecclesiastical property, in which no prelate of the Roman Church participated or subscribed, through whom it could have obtained lawful firmness. Therefore, lest I debate concerning that upon which your council can judge, let it be sought and brought into the midst, so that from its reading you may recognize what sort of substance it can have. The holy synod responded: “Let it be brought into the midst so that what sort it is may be recognized.” When he had said these things, the deacon Hormisdas recited: “When, in the Mausoleum which is beside blessed Peter the Apostle, the sublime and most eminent man Basilius, prefect of the praetorium and patrician, also acting in the place of the most excellent King Odoacer, had taken his seat, he said: ‘Although it pertains to your zeal and religion that concord be preserved principally for the Church in the election of the episcopate, lest through occasion of the election the state of the city be called into doubt, nevertheless, by the admonition of the most blessed man our Pope Simplicius, which we ought always to have before our eyes, you remember that this was commanded to us under entreaty: that, because of that uproar and the loss of the venerable Church, if it should happen that he pass from this light, no election of anyone be celebrated without our consultation.’” When this had been read, Cresconius, bishop of the city of Todi, rising from the assembly, said: “Here let the holy synod ponder whether, with religious persons passed over, upon whom especially rests the care concerning so great a Pontiff, they can draw his election into their own power, something which is manifestly contrary to the canons.” Likewise, the deacon Hormisdas read: “And lest the venerable Church sustain any confusion or loss, we marvel that, with us passed over, anything was attempted, since while our priest was surviving nothing ought to have been undertaken. Therefore, if it pleases your amplitude and holiness, let us preserve unharmed, with religious veneration, all things which concern the election of the future prelate, setting forth especially this law, which with the devotion of a Christian mind we sanction for ourselves and our heirs: that it never be permitted for an estate, whether rural or urban, or the ornaments or ministries which now belong to the churches, or which may come by any titles into the right of the churches, to be alienated under any title or contrivance by him who is now to be ordained prelate by common election or by those who follow in future ages. And whoever wishes to do this is to be judged ineffectual and void, and let there be anathema for the one doing it, consenting, and receiving.” § 2. Maximus, bishop of the church of Blera, said: “Now let the holy synod deign to declare whether a layman was permitted to dictate an anathema against the ecclesiastical order, or whether a layman could pronounce anathema against a priest and establish contrary to the canons what did not belong to him. Say what seems right to you. Was a layman permitted to give law concerning me?” The holy synod said: “He was not permitted,” and added: “Read what follows.” The deacon Hormisdas read: “And let one who obtains an estate, whether rural or urban, belonging to ecclesiastical right know that he is protected by no law or prescription; but whether it is the one who alienated it or one succeeding him who, with a contrary will, attempts to retain an estate alienated in this way, let the one who obtained it restore it with its fruits.” § 3. When he had read these things, Stephen, bishop of the church of Venosa, rising from the assembly, said: “Let it be read through.” The deacon Hormisdas read: “It has also pleased us to afflict the heirs of the recipient with this penalty. In this matter no cleric is to have free faculty to contradict. For it is unjust and akin to sacrilege that the things which each person has conferred or certainly left to the venerable Church for the salvation and rest of his soul and for the sake of the poor should be transferred to another by those whom it especially befitted to preserve them. Certainly, whatever things in gems, gold or silver, and also garments, appear less suitable for the uses or adornment of the Church and cannot be preserved and endure for a long time are to be sold under a just valuation, and the expenditure is to benefit religion.” § 4. When this had been read, Lawrence, bishop of the church of Milan, said: “That document could bind no Pontiff of the city of Rome, because laymen were not permitted to have any power of establishing things in the Church apart from the Roman Pope. The necessity of obeying remains for them, not the authority of commanding, especially since neither did the Roman Pope subscribe, nor is the assent of any metropolitan according to the canons read in it.” § 5. Peter, bishop of the church of Ravenna, said: “It is manifest that the document which has been published in our congregation has no force, because it neither accords with the canons and appears to have been conceived by a lay person, especially because no prelate of the apostolic see is shown to have participated in it or to have confirmed it by his own subscription.” § 6. Eulalius, bishop of the church of Syracuse, said: “It is established by the most evident proofs that the document which has been recited in the priestly council is invalid: first, because it appears to have been made contrary to the rules of the Fathers by laymen, though religious—persons to whom no faculty of disposing anything concerning ecclesiastical resources is read ever to have been attributed; next, because it is shown to have been confirmed by the subscription of no prelate of the apostolic see. For if the holy Fathers sanctioned that whatever the priests of any province treat within their own boundaries in a council held without the authority of their metropolitan ought to be void, how much more is it not doubtful that what is known to have been presumed by laymen at the apostolic see while the prelate now exists—he who, by the merit of blessed Peter the Apostle, holds the primacy of the priesthood throughout the whole world and customarily bestows firmness upon synodal statutes—lacks force and can in no way be reckoned among ecclesiastical statutes, although some bishops consented who nevertheless could not inflict prejudice upon the Pontiff by whom they are proved to have been consecrated?” § 7. The holy synod said: “Although, according to the prosecution of our venerable brothers Lawrence, Peter, Eulalius, Cresconius, Maximus, and Stephen, it is not held uncertain among us that this document is of no weight, nevertheless, even if it could subsist by some reason, it was fitting that in the synodal assembly it be enervated by the provident sentence of your blessedness and reduced to voidness in every way, lest it remain as a precedent for any laymen, though religious or powerful, to presume in any city and in any manner to decree anything concerning ecclesiastical resources, the care of disposing which is taught to have been entrusted by God indisputably to priests alone.” Hence in the sixth action of the Council of Chalcedon the Emperor Marcian said among other things:

After the example of the most religious prince Constantine, we wish to participate in the synod to confirm the faith, not to display power, so that, when the truth has been found, the multitude drawn away by depraved doctrines may no longer be at discord.

Likewise in the same, [sixth action, at the end]. There are certain chapters which we have reserved to you for the honor of your reverence, judging it becoming that these be regularly confirmed by you through a synod rather than sanctioned by our law.

Likewise Pope Nicholas, [in the epistle to Emperor Michael which begins, “We had proposed”]. Where have you read that your predecessor emperors participated in synodal assemblies, except perhaps in those in which the faith was treated—the faith which is universal, which is common to all, which pertains not only to clerics but also to laymen and to absolutely all Christians?

The same, [in the same epistle]. Finally, we are entirely ignorant how those who are permitted to preside only over human affairs, and not divine ones, presume to judge those through whom divine things are ministered.

The same, [a little below]. When it came to the truth, neither did the emperor thereafter seize for himself the rights of the pontificate, nor did the Pontiff usurp the imperial name, because the one mediator of God and men, the man Christ Jesus, distinguished the offices of both powers by their proper acts and distinct dignities. He willed his own to be raised upward by medicinal humility, not to be plunged down again into hell by human pride, so that both Christian emperors would need Pontiffs for eternal life and Pontiffs would use imperial laws only for the course of temporal affairs, so that spiritual action would remain apart from carnal assaults, and one serving as a soldier of God would by no means entangle himself in secular affairs, and in turn he who was entangled in secular affairs would not seem to preside over divine things.

The same, [in the same epistle, with a few things interposed]. It is shown clearly enough that a Pontiff can be neither loosed nor bound at all by secular power, since it is established that he was called God by the pious Prince Constantine, whom we recalled far above, because it is manifest that God cannot be judged by men. But Theodosius the Younger, writing to the holy First Synod of Ephesus, also said: “Therefore Candidian, the most magnificent count of the valiant household troops, has been appointed to go to your most holy synod and in no way to participate in the questions or, rather, expositions which are to be made concerning pious dogmas. For it is unlawful that one who is not in the order of the most holy bishops involve himself in ecclesiastical deliberations.” (And after a few things:) § 1. Therefore, when these things are found manifest, it appears that our fellow minister Ignatius could in no way have been altogether expelled by an imperial sentence alone. Because the assent of prelates also followed in his condemnation, it appears that this was perpetrated for the sake of flattery, not of lawful sanction.

The same to Emperor Louis. It is narrated in the Scriptures that the Emperor Constantine said: “Truly, if I saw with my own eyes a priest of God, or any one of those who are clothed around with the monastic habit, sinning, I would unfold my cloak and cover him, lest he be seen by anyone.” In these things, therefore, most desired son, you are necessarily admonished that, just as you are seen to be made equal to him in faith, religion, and parity of honor, so you should likewise yearn to be equated in humility and devotion, so that you may be found in nothing inferior to him, but superior after the examples—you who displayed yourself as such before examples of this kind altogether. But we have indeed said these things wishing to render you cautious, so that, if it happens that you hear anything concerning the priests of the Lord, who are rightly called fathers, which introduces confusion into pious minds, you may imitate the modest, not the shameless, sons of Noah, and cover your father’s shame thereafter, so that, with the Lord governing, you may deserve to be filled with an abundant blessing, as they also were.

Likewise from the epistle of Gregory [VII] to Herman, Bishop of Metz, [book VIII, epistle 21]. Who doubts that the priests of Christ are reckoned the fathers and teachers of kings, princes, and all the faithful? Is it not known to be of a wretched madness if a son attempts to subjugate his father, or a disciple his teacher, to himself, and to subject by unjust obligations to his power the one by whom he believes that he himself can be bound and loosed not only on earth but also in heaven?

Likewise Pope Gelasius to Emperor Anastasius. There are indeed two things, august Emperor, by which this world is principally governed: the sacred authority of Pontiffs and the royal power. Among these, the burden of priests is so much heavier because they will have to render an account at the divine examination even for the kings of men themselves. And after a few things: § 1. Therefore know that amid these things you depend upon their judgment, not that they can be brought back to your will. § 2. Supported by such institutions and such authorities, many Pontiffs excommunicated some kings and some emperors. For if a particular example concerning the persons of princes is sought, blessed Pope Innocent excommunicated the Emperor Arcadius because he consented that Saint John Chrysostom be driven from his see. Blessed Ambrose also, though holy yet not bishop of the universal Church, excluded the Emperor Theodosius the Great from the church by excommunicating him for a fault which did not appear so grave to other priests. In his writings he also shows that gold is not so much more precious than lead as the priestly order is higher than royal power, writing in this manner near the beginning of his Pastoral: “The honor and sublimity of a bishop, brothers, can be equated by no comparisons. If you compare it to the splendor of kings and the diadem of princes, it will be far more inferior than if you compare the metal of lead to the splendor of gold, since indeed you see the necks of kings and princes submitted to the knees of priests, and, after kissing their right hand, they trust that they are joined in their prayers.”

Likewise John. If the emperor is catholic—with his peace preserved as we say it—he is a son, not a prelate of the Church. Concerning what pertains to religion, it befits him to learn, not to teach. He has the privileges of his power which he has divinely obtained for administering public laws, and, not ungrateful for his benefits, let him usurp nothing against the disposition of the heavenly order. For God willed the things of the Church which are to be disposed to pertain to priests, not to the powers of the age, which, if they are faithful, he willed to be subject to the priests of his Church. Let him not claim for himself another’s right and the ministry which was deputed to another, lest he strive to be broken away from him by whom all things were established and seem to fight against the benefits of him from whom he obtained his own power. Almighty God willed the clerics and priests of the Christian religion to be ordained, examined, and received when returning from error not by public laws or the powers of the age but by pontiffs and priests. Christian emperors ought to subject their executions to ecclesiastical prelates, not prefer them.

[PALEA.

Likewise Gelasius to the Eastern Bishops. Never have judgments concerning pontiffs been made except by the Church; it does not belong to human laws to pronounce sentence concerning such men apart from the pontiffs principally established in the Church. Christian princes are accustomed to obey the decrees of the Church, not to set their own power before them. The prince is accustomed to submit his head to bishops, not to judge concerning their heads.]

[PALEA.

The Emperor Constantine conceded the crown and every royal dignity in the city of Rome, in Italy, and in the western regions to the Apostolic. For in the acts of blessed Sylvester—which blessed Pope Gelasius recalls are read by catholics in a council of seventy bishops, and which he says many churches imitate by ancient usage—it reads thus:]

[PALEA.

On the fourth day of his baptism the Emperor Constantine conferred a privilege upon the Pontiff of the Roman Church, that throughout the whole Roman world priests should hold him as their head just as judges hold the king. In that privilege it reads thus among other things: “We have judged it useful, together with all our satraps, the whole senate, my nobles, and all the people subject to the empire of Roman glory, that, just as blessed Peter is seen to have been constituted on earth as vicar of the Son of God, so too the Pontiffs who exercise the vicariate of that prince of the Apostles should obtain from us and our empire the power of a principate greater than the clemency of our earthly imperial serenity is seen to have, choosing that prince of the Apostles himself and his vicars to be our firm patrons with God. And just as our earthly imperial power, so we have decreed that his sacrosanct Roman Church be reverently honored and that the most sacred see of blessed Peter be gloriously exalted above our empire and earthly throne, bestowing upon it power, the dignity of glory, vigor, and imperial honor. And decreeing, we sanction that it hold the principate both over the four principal sees—Alexandria, Antioch, Jerusalem, and Constantinople—and also over all the churches of God in the whole world; and that the Pontiff who for the time being presides over that sacrosanct Roman Church exist as higher than and prince of all the priests of the whole world; and that whatever things are to be procured for the worship of God or the stability of the faith of Christians be disposed by his judgment.” And below: § 1. For the continuation of the lamps we have conferred landed estates upon the churches of the blessed Apostles Peter and Paul and enriched them with diverse property; and by our sacred imperial command we have granted these to him by our generosity both in the East and in the West and also in the northern and southern region, namely in Judea, Greece, Asia, Thrace, Africa and Italy, and in diverse islands, entirely upon this condition: that all things be disposed through the hands of our most blessed father Sylvester, the Supreme Pontiff, and his successors. And below: § 2. To blessed Sylvester, our father and Supreme Pontiff and Pope of the universal city of Rome, and to all his successor Pontiffs who will sit upon the see of blessed Peter until the end of the world, from the present we hand over our imperial Lateran palace, then the diadem, namely the crown from our head, together with the phrygium, and also the superhumeral, namely the strap which is accustomed to encircle the imperial neck; indeed also the purple cloak and the scarlet tunic and all the imperial garments; and also the dignity of the presiding imperial cavalrymen, likewise conferring the imperial scepters together with all the standards and banners and the diverse imperial ornaments and the whole procession of the imperial summit and the glory of our power. § 3. But we sanction that the most reverend men, the clerics serving that same sacrosanct Roman Church in diverse orders, have that summit of singularity, power, and preeminence by which our most ample senate is seen to be adorned with glory, that is, that they be made patricians and consuls; and we promulgate that they be adorned also with the other imperial dignities. And just as the imperial soldiery is adorned, so we decree that the clergy of the holy Roman Church be adorned. And just as imperial power is adorned by diverse offices—namely chamberlains, doorkeepers, and all the guards—so we will that the holy Roman Church be adorned. And that the pontifical splendor may shine most fully, we also decree this: that the horses of the clerics of that holy Roman Church be adorned with maniples and linens, that is, with the brightest white color, and that they ride thus. And just as our senate uses shoes with udones, that is, made splendid with white linen, so let the clerics also use them, so that earthly as well as heavenly things may be adorned to the praise of God. § 4. But before all things we grant license to our most holy father Sylvester himself and his successors by our edict, so that whomever, being favorably disposed, he wishes by his own counsel to make a cleric and number among the company of religious clerics, no one among all may presume to act proudly against it. § 5. Accordingly, we have also decreed this: that he and his successors ought to use the diadem, namely the crown which we conceded to him from our head, made from the purest gold and precious gems, and to wear it upon the head to the praise of God for the honor of blessed Peter. But because the most blessed Pope himself did not at all suffer that golden crown to be used over the crown of clerical ordination which he bears for the glory of blessed Peter, with our own hands we placed upon his most sacred head the phrygium, splendid with a shining white color and signifying the Lord’s resurrection; and, holding the bridle of his horse out of reverence for blessed Peter, we performed for him the office of strator, establishing that all his successors use that same phrygium singularly in processions in imitation of our empire. § 6. Hence, so that the pontifical summit may not become contemptible but rather be adorned with glory and power beyond the dignity of the earthly empire, behold: we hand over and relinquish to our aforesaid most blessed Pontiff Sylvester, universal Pope, both our palace, as was said before, and the city of Rome and all the provinces, places, and cities of Italy and of the western regions; and by this our divine and pragmatic constitution we decree that they are to be disposed by him and his successors, and we grant that they remain under the right of the holy Roman Church. § 7. Hence we have perceived it fitting that our empire and royal power be transferred to the eastern regions, and that in an excellent place in the province of Byzantium a city be built in our name and our empire be established there, because where the principate of priests and the head of the Christian religion has been established by the heavenly Emperor, it is not just that the earthly emperor have power there. § 8. But all these things which we have established and confirmed by this our sacred imperial command and by other divine decrees, we decree to remain inviolate and unshaken until the end of the world. Hence, before the living God who commanded us to reign and before his terrible judgment, by this our imperial constitution we adjure all our successor emperors, all the nobles, the satraps also, the most ample senate, and the whole people subject to our empire throughout the whole world, now and hereafter in all future times: that none of them is permitted in any manner either to infringe these things or to tear them away in anything. But if anyone, which we do not believe, proves to be a violator or contemner in this, let him be bound under eternal condemnations; let him experience the holy princes of the Apostles of God, Peter and Paul, as contrary to him in the present and future life; and, burned in the lowest hell with the devil, let him perish with all the impious. Confirming the page of this our imperial decree with our own hands, we placed it upon the venerable body of blessed Peter, prince of the Apostles. Given at Rome on the third day before the Kalends of April, in the fourth consulship of our Lord Flavius Constantine Augustus and that of Gallicanus, most illustrious man.”] C. XV. Imperial authority does not change the measure of religious administration. Likewise Gelasius, [to the Bishops of Dardania]. Just as a city, though small, does not diminish the prerogative of the present kingdom, so the imperial presence does not change the measure of religious administration. And below: § 1. It has always been effected that judgments concerning priests proceed from a priestly council. For Pontiffs of whatever kind, even if they transgress through human error occurring, yet in no way against religion, are seen in no way able to be struck by secular power.

Likewise Pope Marcellus to Maxentius. It belongs to a good and religious prince to restore shattered and torn churches, to build new ones, and to honor and protect the priests of God. Hence we read that the holy Apostles and their successors, constituted under divine adjuration, commanded that persecutions ought not to be made, disturbances not inflicted, those laboring in the Lord’s field not envied, and the stewards of the eternal King not expelled.