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wherefore a fitting remedy must be applied to such wounds, lest a premature ease of healing avail nothing to those seized by a death-bearing plague, but rather the destruction, too sluggishly treated, involve alike the wounded and the healers in the guilt of an unlawful cure. First, therefore, the profession of one coming to you and asking a remedy, and the person of the deceived, must be carefully examined, so that a fitting remedy may be administered. And let it be inquired whether he who, intending to make satisfaction to God by penance, has lawfully grieved that he was rebaptized, ran to this crime, or approached it under compulsion.
Knowing that he who deceives deceives himself, and that nothing is detracted, through our leniency, from the lofty judgment of the tribunal, to which those things are ratified which are pious, which are true, which are just; and the reckoning of the will must be treated otherwise according to necessity. But worse is the case of him who perchance was solicited by a price, that he should perish.
For the enemy has left nothing unattempted; and lest it be permitted him to rejoice over his prey, the ensnared must be succored, and the snare of the hunter must be crushed, so that for those lamenting their fall in their flight there may be a return to the court which they had left, as much by the moderation of justice as by the compunction of mercy; nor let them perchance be ashamed or loath, in the appointed times of fastings and groanings, to obey, or to comply with the other precepts of a more healthful observance, since grace is given to the humble, not to the proud (James 4).
Let him therefore be prostrated by the grief of his ruin, whoever seeks to be raised up in Christ; and through the ministry of our dispensation (which it befits your charity to follow, nor is it lawful for anyone either to will or to be able to transgress it), let us treat the causes of him who, against the apostolic doctrine, gave himself over to the repetition of that most ill-omened baptism, or of him who craftily thought his own consent to be excusable by some arguments, with sacerdotal vigor and humanity, so that in them faith (which, unless it is one, is now none) may, by the help of the Lord the Judge, be repaired unto salvation without the offense of our haste; for when satisfaction is drawn out from the sinner by us, not without our praise and gladness is his mind found more purged unto pardon.
And therefore remember that we hold this sentence upon these matters: that, the distinction of sinners being preserved, not all who have lapsed are to be weighed in the same scale, since a heavier usury of chastisement is to be exacted from him to whom the discipline of the house of the Lord has been committed. That we may therefore begin from the heights of the Church: those who shall be established to have been bishops, presbyters, or deacons, and who—whether perchance desiring it, or compelled—shall be shown to have made shipwreck of that one and saving laver, and to have put off Christ, whom they had put on not only by the gift of regeneration but also by the grace of the honor they received—since it is established that no one could come to a second dipping unless he openly denied himself a Christian and professed himself a pagan.
Which, though it is generally to be execrated in all, much more in bishops, presbyters, and deacons is it proved horrible even merely to hear and to speak of. But because the same Lord and Savior is most clement, and wills no one to perish, it will befit them, if they come to their senses, to lie in penance even unto the day of their departure, and to be present in no wise at the prayer not only of the faithful but not even of the catechumens—to whom lay communion is to be restored at death; a matter which the care of a most approved priest must more diligently explore or perform.
But concerning clerics and monks, or maidens of God, or seculars, we command this tenor to be observed, which the Nicene synod determined was to be observed concerning those who are or shall be lapsed: namely, that those who, under no necessity, under no fear of any thing or peril, impiously gave themselves over to heretics to be rebaptized, if nonetheless they repent from the heart, be for three years among the hearers; for seven years let them lie among the penitents beneath the hands of the priests; for two years also let them in no manner be admitted to the offerings, but only be associated with the people in prayer; nor let him be confounded to bow his neck to God who did not fear to deny Him.
But if, inasmuch as they are mortal, the end of life shall begin to press within the bounds of the prescribed time, succor must be given to him who implores it; and whether by the bishop who gave the penance, or by another who shall nonetheless prove that it was given, or likewise by a presbyter, the viaticum is not to be denied to one departing from the world.
But to those youths, who—because they are as yet beardless—bear from their puberty the name, whether clerics or laymen, or also like maidens, for whom the ignorance of age pleads, who have been detained for some while under the imposition of hands, communion is to be restored, nor is their penance to be awaited, whom the censure exempts from coercion—which is by us providently constituted, lest these, for whom in the defilement of earthly contagion more or less remains for life, should perchance, while they are still in penance, commit things to be repented of.
But if, before the prefixed time of penance, anyone, despaired of by the physicians or pressed by evident signs of death, having received the grace of communion, recovers, let us observe in his case what the Nicene canons ordained: that he be held among those who communicate in prayer alone, until the span of time prefixed for him be fulfilled. Nor do we pass over our catechumens, who were baptized under such a profession, since the case is not dissimilar (as the same holy canons ordained) of him who in any manner whatsoever abjured Christ, whom he had once confessed: let them be for three years among the hearers, and afterwards let them be permitted to pray with the catechumens, to receive the grace of Catholic communion through the imposition of hands.
With the sole exception, indeed, of bishops, presbyters, and deacons, for whom we have already said reconciliation is to be made only at the time of their death, all others—whether clerics, or monks, or nuns, or laypersons, persons of either sex—who shall be established to have undergone the repetition of baptism, compelled by violence and perils, or who shall have said that, by some pretext, they are not held by the expiations of this crime, we decree to continue in penance for a triennium, and to be received into the fellowship of the sacrament through the imposition of hands.
That being preserved in all things, that none of these who at any age, anywhere other than in the Catholic Church, have been baptized or rebaptized, be at all permitted to approach to the ecclesiastical warfare; for whom it ought to be enough that they have been received into the number of the Catholics; since concerning his own order and communion will he be seen to bear judgment, whoever of the bishops shall have violated this, or who shall not have removed him whom he has known to have crept in from among these to the clerical ministry.
But it must be most especially taken care of, and provided with all caution, that none of our brethren and fellow-bishops, or even of the presbyters, receive in the city or diocese of another a penitent, or one placed under the hand of a priest, or one who shall have said that he is reconciled, without the testimony and letters of a bishop or presbyter—whether the presbyter in a parish, or the bishop in a city; for, this being neglected through some dissimulation, it touches the fault even of clerics who dwell in places in which this has been less attended to.
Hisilaqueritedispositis, etadEcclesiarumvestrarumnotitiamnostradcliberationeperlatis, parerevosconvenit, qnibnslicetadanimarumreparationemnihildeessevideatur, tamensicuialiquidnovi, etquodpraeter- irenospotuit, rueritrevelatum, secundumbeatumPaulumapostolum (ICor. XIV), tacentepriore, fidenterinsinuet, quiaSpiritussanctusubivuninspirat, maximecumsuacausatractatur, necnospigcbitaudire, etsiquasuntomissa , nonarroganterabnuere, sedrationabiliterordinare. DanumidibusMartii, DinamioetSiphidiovv. cc. conss. 1An. Christi 488.) DECRETASYMMACHIPAPÆ. (SyoodnsRomana. An. Christi 499.) PostconsulatumPauliniv. c. calend.
These things therefore being duly arranged, and brought by our deliberation to the knowledge of your Churches, it behooves you to obey—to you, to whom, although nothing seems to be lacking for the reparation of souls, yet if anything new, and which could escape us, shall have been revealed to any one, according to the blessed Apostle Paul (1 Cor. 14), the former being silent, let him confidently suggest it, because the Holy Spirit inspires where He wills, especially when His own cause is treated; nor will it irk us to hear, and, if anything has been omitted, not arrogantly to refuse, but reasonably to set it in order. Given on the Ides of March, Dinamius and Siphidius, men most distinguished, being consuls. (In the year of Christ 488.) DECREES OF POPE SYMMACHUS. (Roman Synod. In the year of Christ 499.) After the consulate of Paulinus, a most distinguished man, on the Kalends
On a day of March, in the basilica of the blessed apostle Peter, with the most blessed pope Symmachus presiding over the synod, Fulgentius the archdeacon said: Your Beatitude, having earlier dispatched directives through the provinces, has frequently convened a synod of the bishops of Italy, whose presence now appears established before your eyes; let Your Beatitude now deign to set in order, in a workable manner, those matters that pertain to the security of the churches, or to the peace of the whole Church, or to its concord. It was acclaimed by all the bishops and presbyters: 'Hear, O Christ; long life to Symmachus' — said ten times. 'Preserve his see and his years' — said eight times. 'We beg you to act' — said ten times. Symmachus, bishop of the catholic Church of the city of Rome, said:
The synod of your charity, with the harshness of winter disregarded, our solicitude for the security of the Church has specially gathered, so that the canvassing for the episcopate, the uncertainty of confusion or the popular tumult — which is agreed to have arisen by underhanded scheming — we may, by a deliberation shared in common, be able firmly and vigorously to cut away for the future; and that we may therefore take heed for the time to come, lest a subversion of discipline, or the audacity of presumptuous men, should be eager to attempt similar things; and that we may by a like enactment determine, by setting forth explicit judgments, what ought to be observed concerning the ordination of the bishop of Rome. All the bishops and presbyters said: 'We beg that it be done' — said ten times. 'We beg that the scandals be cut away' — said nine times.
'We beg that the canvassing be extinguished' — said twelve times. 'Hear, O Christ; long life to Symmachus' — said six times. 'Preserve his see and his years' — said five times. 'Let it be done in our presence' — said ten times. Bishop Symmachus said: Since your brotherhood has by its exhortations stirred up the care of our provision, and, with our God in contemplation, shows an equal mind toward the tranquillity of the Church, so — as we have already said — with deliberation now held, instruct us as to what among all your judgments is pleasing, that it may be recited in this venerable council through the ecclesiastical offices. And when they had risen, and a little afterward sat down again, Aemilianus, notary of the synod, promulgated the decrees. I.
On account of the frequent canvassings of certain men, and the stripping of the Church, and the clashing of the people, which the troublesome and unfitting greed of those coveting the episcopate has bred — in order that so pernicious a presumption may be extinguished for future times — the holy synod has decreed: that if any presbyter, or deacon, or cleric, while the pope is alive and without consulting him, shall attempt either to lend a subscription for the Roman pontificate, or to promise by a written pledge, or to offer an oath, or assuredly to promise any kind of support, or in private gatherings held on this matter to deliberate and to decide, he shall be deprived of the dignity and communion of his rank. The whole synod, rising, acclaimed: 'Hear, O Christ; long life to Symmachus' — said ten times.
'Here is peace with Symmachus' — said fifteen times. 'Preserve his see and his years' — said eight times; with the like severity to be inflicted upon him who, while this pontiff is alive (as has been said), shall in any manner be convicted of having canvassed or assuredly of having attempted it — all alike who are guilty of this offense being to be smitten with the penalty of anathema. Bishop Symmachus said: Therefore does this judgment please the whole assembly, and is it acknowledged and approved by all? The whole synod said: It pleases; and what pleases all, let it be done. II. If (which God forbid) the unexpected passing of the pope should occur, so that he could not decide beforehand concerning the election of his successor, as was approved above — if indeed the election of the entire ecclesiastical order shall have inclined toward one man, let the elected bishop be consecrated.
For if, as it commonly happens, the partisanships of those over whom the contest has arisen should begin to be divided, let the judgment of the majority prevail — yet in such a way that he forfeit the priesthood who, ensnared by a promise, shall have decided concerning the election not by an unbiased judgment. The synod said: It pleases — said ten times. III. Moreover, on account of hidden frauds and the secret snares of conspiracies, which the strictness of this judgment follows: if anyone shall bring to the notice of the Church the counsels of those who have engaged in canvassing for the pontificate against this synod, and shall convict them by reasonable proof, then, being a sharer in an action of this kind, let him not only be cleared of all blame, but also be rewarded with a recompense that is not unworthy.
The whole synod, rising, acclaimed: All these things please us; and it added: 'Hear, O Christ; long life to Symmachus' — said thirteen times. 'We beg that they be so kept' — said ten times. 'We pray that henceforth no one come to the Roman episcopate otherwise' — said ten times. 'We beg that you confirm our decrees' — said ten times. Symmachus, bishop of the catholic Church of the city of Rome, said: The present record shall receive your acclamations and the judgment of the synod.
And he added: those things which it has determined for the lulling to rest of the errors of a sluggish presumption, and of the diseases of a sickness hostile to ecclesiastical affairs — by which the deliberation of the universal Church, fitting to religion, was afflicted and made to suffer — shall obtain perpetual firmness; so that, by the favor of God, who is acknowledged to be the guardian of good things, the synodal ordinance may flourish, and all who, without distinction of any person, shall presume to come against it, shall be smitten by the strictness set down above. And the bishops subscribed, seventy-five in number. Caelius Symmachus, bishop of the holy catholic Church of the city of Rome, consenting to these synodal enactments, approved and confirmed by me, have subscribed.
Caelius Rusticus, bishop of the city of Minturnae, have subscribed, and have consented to the synodal enactments, and I profess to abide in this judgment. Caelius Bonifacius, bishop of the church of Velitrae, have subscribed, and have consented to the synodal enactments, and I profess to abide in this judgment. Missenus of Cumae. Cresconius of Tuder. Basilius of Tollentinum. Decius of Tres Tabernae. Valentinus of Amiternum. Vitalis of Fanum. Maximus of Blera. Benignus of Aquaviva. Palladius of Sulmo. Constantius of Otriculum. Germanus of Pisaurum. Candidus of Tibur. Vitalianus of Narnia. Justus of Acherontia. Stephanus of Nursia. Fortunatus of Anagnia. Clarus of Alifae. Rufinus of Canusium. Vitalis of Fundi.
Innocentius of Mevania. Bassus of Ferentinum. Vitalianus of Rusellae. Constantinus of Capua. Fortunatus of Suessa. Vindemius of Antium. Joannes of Ariminum. Martyrius of Terracina. Laurentius of Trebiae. Serenus of Nomentum. Adeodatus of Cerretum. Dulcitius of the Sabines. Paschasius of Vulturnum. Fortunatus, bishop of the church of Anagnia, on behalf of Sanctulus, bishop of the city of Signia, because he could not subscribe, have subscribed for him. Valerius of Calenum. Felicissimus of Forum Sempronii. Valentinus of Amiternum, have subscribed on behalf of Romanus, bishop of the church of the Pitinates. Colonius of Forum Clodii. Joannes of Spoletium. Maximianus of Perusia. Lucianus of Tarquinii. Florentius of Paestum. Fortunatus of Fulginium.
Gaudentius of Tadinum. Felix of Nepe. Aucupius of Puteoli. Rosarius of Surrentum. Epiphanius of Beneventum. Constantius of Venafrum. Salustius of Ameria. Malensis of Centumcellae. Maximianus of Subaugusta. Joannes of Vibo. Mercurius of Sutrium. Serenus of Nola. Timotheus of Abellinum. Stephanus of Naples. Rosarius the bishop, have subscribed on behalf of my brother Ursus the bishop. ... of Vulsinii. Likewise Gaudentius, bishop of Vulsinii, on behalf of Projectitius, bishop of Forum Novum. Quintus of Teanum. Bellator of Ostia. Lampadius of the city of Alba. Ursus of Stabiae. Gaudentius of Salernum. Marius of Tifernum. Adeodatus of Forum (Forbiensis). Saturninus of Herdonia. The presbyters subscribed, sixty-seven in number.
Caelius Laurentius, archpriest of the title of Praxedes, have here subscribed, and have consented to the synodal enactments, and I profess to abide in this judgment. Januarius, presbyter of the title of Vestina. Martianus, presbyter of the title of Saint Caecilia. Gordianus, presbyter of the title of Pammachius. Petrus, presbyter of the title of Saint Clement. Urbicus, presbyter of the title of Saint Clement. Paulinus, presbyter of the title of Saint Julius. Valens, presbyter of the title of Saint Sabina. Petrus, presbyter of the title of Chrysogonus. Soranus, presbyter of the title of Vestina. Asterius, presbyter of the title of Pudens. Justinus, presbyter of the title of Pudens. Felix, presbyter of the title of Equitius. Redemptus, presbyter of the title of Chrysogonus. Projectitius, presbyter of the title of Damasus. Jovinus, presbyter of the title of Aemiliana. Bonus, presbyter of the title of Crescentiana.
Paschasius, presbyter of the title of Eusebius. Joannes, presbyter of the title of Pammachius. Sebastianus, presbyter of the title of Nicomedes. Martinus, presbyter of the title of Cyriacus. Andreas, presbyter of the title of Saint Matthew. Servusdei, presbyter of the title of Saint Clement. Opilio, presbyter of the title of Vestina. Petrus, presbyter of the title of Chrysogonus. Romanus, presbyter of the title of Tigrida. Marcellinus, presbyter of the title of Julius. Dominicus, presbyter of the title of Crescentiana. Abundantius, presbyter of the title of Sabina. Marcellus, presbyter of the title of Romanus. Asellus, presbyter of the title of Vizans. Agatho, presbyter of the title of Equitius. Sebastianus, presbyter of the title of Vizans. Valentinus, presbyter of the title of Eusebius. Anastasius, presbyter of the title of Anastasia. Genesius, presbyter of the title of Nicomedes. Dionysius, presbyter of the title of Aemiliana. Epiphanius, presbyter of the title of the Apostles. Acontius, presbyter of the title
of Fasciola. Paulinus, presbyter of the title of Fasciola. Agapetus, presbyter of the title of the Apostles. Adeodatus, presbyter of the title of Equitius. Benedictus, presbyter of the title of Gaius. Dominicus, presbyter of the title of Prisca. Redemptus, presbyter of the title of Tigrida. Severus, presbyter of the title of Gaius. Stephanus, presbyter of the title of Marcellus. Crescentius, presbyter of the title of the Apostles. Julianus, presbyter of the title of Anastasia. Septiminus, presbyter of the title of Julius. Cyprianus, presbyter of the title of Marcus. Epiphanius, presbyter of the title of Fasciola. Bonifacius, presbyter of the title of Caecilia. Petrus, presbyter of the title of Praxedes. Timotheus, presbyter of the title of Marcellus. Hilarius, presbyter of the title of Lucina. Victorius, presbyter of the title of Sabina. Laurentius, presbyter of the title of Saint Laurence. Eutyches, presbyter of the title of Aemiliana. Julianus, presbyter of the title of Anastasia. Marcus, presbyter of the title of Lucina.
Vincemalus, presbyter of the title of Crescentia. Abundantius, presbyter of the title of Marcus. Venantius, presbyter of the title of Marcellus. Stephanus, presbyter of the title of Eusebius. Paulinus, presbyter of the title of Saint Laurence. Subscription of the deacons. Cyprianus, deacon of the holy Roman Church, of the seventh region, have here subscribed, and have consented to the synodal enactments, and I profess to abide in this judgment. Anastasius, deacon of the first region, have subscribed. Citonatus, deacon of the fifth region, have subscribed. Joannes, deacon of the second region, have subscribed. Tarrensis, deacon of the first region, have subscribed. Tertullus, deacon of the fourth region, have subscribed. OTHER DECREES OF POPE SYMMACHUS. (Roman synod, in the year of Christ 503.) In the consulship of Flavius Avienus the Younger, vir clarissimus,
on the eighth day before the Ides of November, in the basilica of the blessed apostle Peter, with the venerable man pope Symmachus presiding, together with the venerable men, the bishops, and with the presbyters also seated, and the deacons likewise standing by — Anastasius, Hormisda, Joannes, and Agapetus — Symmachus, bishop of the catholic Church of the city of Rome, said: I.
Indeed your brotherhood, obedient to the ecclesiastical laws under the fear of the divine judgment, has well defined the things that were to be established, and has reached the summit of justice, while it sufficiently embraces all matters, and the fulness needs no addition — especially concerning those clerics whom love of domination has invaded, and has made them spurn the yoke of ecclesiastical discipline; for which reason it was established among you that they had made a schism. Yet the mercy which God commands to be shown to all, as was fitting, you did not deny to them — if the hardness of their heart does not procure for itself a penalty, while it despises the remedies offered, the excesses of whom it is difficult to recount. One thing, however, which has occurred to me, I do not delay to make known to your venerable order.
They have said, among other things, that a certain Basilius, of illustrious memory, had drawn up a document as if out of love for the property of the Church, in which no prelate of the Roman Church either took part or subscribed, through whom it could have obtained legitimate firmness. Therefore, lest I should debate that matter on which your council can pass judgment, let it be sought out and brought into the midst, so that by its reading you may recognize what kind of substance it can have. The holy synod answered: Let it be brought into the midst, so that what kind it is may be recognized; and while he was speaking, Hormisda the deacon read it aloud. II.
When they had sat together in one place at the shrine of the blessed apostle Peter, the exalted and most eminent man, the praetorian prefect and patrician, also acting in the place of the most excellent king Odoacer, Basilius said:
Although it pertains to our zeal and to religion that in the election of the episcopate concord should principally be preserved in the Church, lest by occasion of sedition the standing of the city be called into doubt, nevertheless you remember that, by the admonition of the most blessed man our pope Simplicius — which we ought always to keep before our eyes — this charge was laid upon us under solemn adjuration: that, on account of that tumult and the detriment to the venerable Church, should it happen that he depart from this light, no election of anyone whatsoever should be carried out without our consultation. And when he had read this, Cresconius, bishop of the church of the city of Tuder, rising from his seat, said:
Here let the holy synod weigh carefully how, with the religious persons passed over — those whose care for so great a pontiff is greatest — they should reduce the matter into their own power; which is manifestly against the canons. Likewise Hormisda the deacon read: 'Lest the venerable Church should sustain any confusion or loss, we marvel that, with ourselves passed over, anything was attempted, since, while our priest survives, nothing ought to have been undertaken. Wherefore, if it please your magnificence or your holiness, let us preserve unharmed, by a religious obligation, all things that look to the election of the future prelate, putting forward this law especially, which we ordain for ourselves and our heirs with the devotion of a Christian mind.'
That never shall it be deemed valid, but adjudged ineffectual and void, if he who is now to be ordained prelate by the common election, and those who in future ages shall follow, should wish, under any title or pretext whatsoever, to alienate any estate, whether rural or urban, or the ornaments or vessels of the Churches, which now exist or which from any titles shall have come to the rights of the Churches; and let there be anathema for the one doing it, or consenting, or receiving. Maximus, bishop of the church of Blera, said: Let the holy synod now deign to declare, was it lawful for a layman to pronounce anathema upon the ecclesiastical order? Or if a layman could pronounce anathema upon a priest, and contrary to the canons (which is not fitting) establish anything?
Tell me, what seems to you concerning me? Was it lawful for a layman to lay down a law? The holy synod said: It was not lawful; and it added: Read what follows. Hormisda the deacon read: And he who shall have obtained a rural or urban estate of ecclesiastical right, let him know that he is protected by no law or prescription; but whether it be he who alienated it, or those who shall follow him, who by a contrary will shall attempt to reclaim an estate of this kind that has been alienated, let him restore it together with its fruits to the one who shall have obtained it. And when he had read this, Stephanus, bishop of the church of Venusia, rising from his seat, said: Let it be read through. Hormisda the deacon read: This penalty also it has pleased us that the receiving heirs and the heirs' heirs should regard.
In which matter, let there be free liberty for any of the clerics to object. For it is iniquitous, and tantamount to sacrilege, that what each man shall have conferred — or assuredly bequeathed — to the venerable Church, whether for the salvation, or for the pious welfare of his soul, for the cause of the poor, should be transferred into loftiness by those by whom it most chiefly ought to have been preserved. Clearly, whatever in gems, or gold and silver, and also in vestments, shall seem less suited to the uses or adornment of the Church, things that cannot be preserved and long endure, let them be sold under a just valuation, and let the disbursement profit religiously. And when this had been read, Laurentius, bishop of the church of Milan, said:
This document could bind no pontiff of the Roman city, because it was not lawful for a layman to have any power of establishing anything in the Church, apart from the Roman pope, to whom the necessity of compliance remains, not the authority of commanding — especially since neither did the Roman pope subscribe, nor is the assent of any metropolitan, according to the canons, to be read. Petrus, bishop of the church of Ravenna, said: The document which was published in our assembly, it is manifest that it subsists by no force, because it neither agrees with the canons, and seems to have been conceived by a lay person, especially because in it no prelate of the apostolic see is shown to have taken part, or to have confirmed it by his own subscription. Eulalius, bishop of the church of Syracuse, said:
The document which was recited in the priestly council is shown by the most evident proofs to be invalid. First, because it appears to have been made by laymen — however religious — to whom it is nowhere read that any power was granted of disposing anything concerning ecclesiastical resources; then, because it is shown to be confirmed by the subscription of no prelate of the apostolic see. But if the holy Fathers have sanctioned that whatever the priests of any province shall have attempted, within their own bounds, with a council held, without the authority of their own metropolitan bishop, ought to be void;