Distinction XCVII

GRATIAN. Part I. By this chapter it is openly shown that neither the emperor nor any layman is permitted to decree anything concerning either the election of the Pontiff or ecclesiastical property. But whatever things are established by them are to be held as not done unless they have been strengthened by the subscription of the Roman Pontiff. Hence that decree of the Emperor Honorius, as was said above, appears vain because he attempted to decree concerning the election of the Supreme Pontiff contrary to the authority of the sacred canons. But, as is held from the same chapter, at the prayers of the Church the emperor can decree against presumptuous persons, as emperors are once read to have decreed for the defense of the faith that heretics should possess nothing in the name of the Church. But when they are not invited by her, they have no faculty to dispose anything concerning ecclesiastical property. The Emperor Honorius, however, not by his own authority but at the supplication of blessed Boniface, took care to provide for ecclesiastical quiet and punish the ambition of the contenders. Hence the same Bishop Boniface sent a letter of supplication to the Emperor Honorius, saying:

Care for my Church, to which our God deputed my priesthood while you govern human affairs, constrains us, lest we be judged absent before the ears of the most Christian prince from its causes, although I am still detained by bodily infirmity, because of the assemblies which are agitated by all the priests and clerics and by disturbances of the Christian people. For if it should happen otherwise than it ought, not you who compose all things with equitable moderation, but we through our silent idleness will seem to have admitted what can overthrow the quiet of the city and the peace of the Church. For since, with the Lord favoring, as a worshiper of the divine religion you provide for human affairs, it will be our fault if under your glory—which it is certain has always favored divine affairs with a more inclined spirit—that is not guarded by firm and stable law which obtained through the course of so many years even under those princes whom no care for our religion constrained: namely, that lawful things be preserved and, under the rule of your clemency, things which are unlawful be feared in no way. § 1. For the Church herself, most Christian Emperor, addresses your devotion, indeed through my speech but with her own venerable affection. Christ our God, the ruler of your faith and governor of your empire, preserves her for himself alone as a betrothed and untouched virgin, so that you may not suffer any waves of plotting storms to be dashed against her or her tranquil face to be disturbed by the swelling of an unaccustomed tempest, most glorious and tranquil Emperor, ever Augustus. She herself, who is betrothed to one yet is your mother, the Church, addresses your piety through the legation which she committed to her priests, and recalls past and present things. While you rule most religiously, she says, the people are now secure, as faithful to God as to you, a Christian prince. Behold, amid her mysteries and amid her prayers, which she renders for the felicity of your empire, with Saint Peter as witness before whom and concerning whose see the matter is treated, she cries out with solicitous voices for the observance of religion. Prayer is mingled with solicitous petition, lest discord, once torn loose while the accustomed tempter secretly solicits these men toward diverse things, rend them apart. Mother Church would be distressed by more things, most Christian prince, unless her causes were secure with you, and unless in the oppressions of idols and the correction of heretics she had conquered through your faith, with divine worship always flourishing together with the empire. § 2. She has as a pious refuge the mind of your clemency, joined with veneration of her religion, since you do whatever may profit her. Confer with my brothers and fellow priests, most approved men sent as legates by me and by all who constitute the Church; while they prosecute the cause of sacred religion, we pray that in the city of your clemency, with that spirit by which you grant petitions, you consult for the state of the universal Church and establish it in perpetuity.

Victor Honorius, illustrious, triumphant, ever Augustus, to the holy and venerable Boniface, Pope of the eternal city. We received the writings of your blessedness with the due rejoicing of reverence, and, when they had been read, we gave the greatest thanks to almighty God because we learned that, after a long infirmity, your holiness had been restored to the desired health. And therefore, as the venerable men return, we mark our joy by the attestation of sacred letters and ask that your apostolate deign to bestow its zeal and prayer in daily prayers for our health and empire. But know that it has sufficiently pleased our piety that your holiness is solicitous concerning the disturbance of the churches and people. So that it cannot happen by any reason, our clemency believes that sufficient provision has been made. Finally, with your blessedness proclaiming it, we will that this come to the knowledge of all clerics: that, if by human lot anything should perhaps happen to your religious person—which we do not desire—all are to know that they must cease from ambitions. And if two contrary to divine law, etc., as above. And below: § 1. Hence this is to be observed: that all preserve a tranquil mind and peaceful spirits from the admonition of our serenity, and that they not attempt to try anything seditious through conspiracies, since it is certain that the efforts of neither party will profit it. Part II. GRATIAN. It is not the custom of the Roman Church to receive a legation from anywhere without sealed letters.

The most noble and vigorous man, the legate of your sublimity, although he brought no letter from you to our pontificate according to custom, and although it has never been the custom of the apostolic see to receive a legation from anywhere without sealed letters, nevertheless, honoring you in him and recognizing his gravity and the truthful assertions of his words, we both received him as was fitting and believed him as was honorable.