The Early Church and Peter's Primacy

Letter VIII, from Pope Hilarius to the Bishops of Various Provinces of Gaul

Synopsis: Hilarius rules on the Hermes-Narbonne affair by permitting Hermes to preside but removing his power to ordain bishops, institutes an annual Gallic council under Leontius’s coordination, regulates inter-provincial travel with Arles as the court of referral, defers Leontius’s parish-restoration petition to the brothers’ council, and requires conciliar examination before any alienation of church property.

Hilarus, bishop, to his most beloved brothers, the bishops of the provinces of Vienne, Lyons, Narbonensis Prima and Secunda, and the Pennine Alps.

Although the extent and character of the wrongs long committed in the churches of Narbonne and Béziers are not hidden from your charity, and the improbity of presumption which has come all the way to Us is without doubt manifest throughout the Gallican regions, it is nevertheless a matter of apostolic solicitude not to remain silent about the faults disclosed to Our examination — lest, through unfitting silence, We should seem to share a common portion with those acting unjustly. Long ago the leaders of the aforementioned cities brought no less grief to my predecessor of holy memory than to Us, by their daring to pursue illicit petitions — which Our patience could scarcely mitigate through the lamentation of necessity alone. For by what examples, as you yourselves also acknowledge, has the thing been done, and what is there not most worthy of rebuke, which runs counter to the decrees of the holy Fathers and the very institutes of the canons?

Since therefore Our brother and fellow bishop Hermes had believed himself rightly received by the Church of Narbonne because he claimed to have been unworthily excluded from the Béziers, by whom he had been ordained: if he truly grieved that this had been done to him, and if he knew to help his own injury by a legitimate remedy, he ought rather to have hoped for vindication through endurance than pardon for what he perpetrated. Yet if he now at least takes on the common spirit of all the Lord’s priests, if he follows their example, and directs the eyes of his heart to those matters which, for the contemplation of ecclesiastical peace, have somehow been put to rest — and considers for the peace or faith of the whole Church how many things have been erred in manifold ways: there is absolutely nothing that he himself would not reprehend, and that he would not blush to indulge in himself what in another he rightly reproves.

For We know, and for a long time have had nothing uncertain about Our aforementioned brother’s manner of life, when — turning over in Our mind the course of his former life and the purpose placed before him earlier — We judge that he fell into the excesses for which We reprove him rather than committed them. But by the precepts of the brothers gathered in a numerous council, and assembled from various provinces for the day of Our anniversary in honor of the blessed Apostle Peter by the grace of God, with Our brothers and fellow bishops Faustus and Auxanius presiding, and with many others working to uphold the vigor and authority of judgment, the following has been established by Us from the love of peace: that in the sentence which We, with Christ our Lord inspiring, have brought forth — without inclining to either side of the legation — neither the charity of evangelical indulgence nor the rod of apostolic discipline has been lacking. For on the whole, indulgence has neither acted inhumanely nor has affection failed to exercise constraint.

Chapter I: Hermes May Preside Over Narbonne but May Not Ordain Bishops; The Primatial Authority Passes to Constantius of Ucetia

To him who is now permitted to preside over the Church of Narbonne, We have removed the power of ordaining bishops on account of these things which have been wrongly done — which power We have judged to pertain to Our brother and fellow bishop Constantius, bishop of the Church of Ucetia, who is said to hold primacy by seniority — with the proviso that, if Constantius should die while Hermes still lives, this care shall fall upon whoever is found to be primate in order of episcopal consecration. But upon Hermes’s death, the custom of making bishops is to be restored to the Church of Narbonne — a custom which the city did not lose by its own fault, but which the cause of presumption lost. Therefore let the sincere love of your brotherhood in the Lord — sharing with Us in Our sees the solicitude of pastoral care — vigilantly exercise diligence over the churches entrusted to it, and let it be mindful of those things which have arisen in the Narbonne province, so as to detest the deed rather than take it as an example. We do not wish it to be so henceforth, just as We know it was not before.

Chapter II: An Annual Gallic Council Is to Be Held Under Leontius’s Coordination; Grave Cases Are to Be Referred to the Apostolic See

Therefore, dearest brothers, necessary care must be applied that the error which We have just abolished with the help of Christ our Lord cannot reemerge in similar or new excesses. This can be provided for in no other way than by executing the statutes of the venerable canons concerning the holding of councils — which necessity has until now caused to be neglected — in which, for the sake of emerging matters, those things done contrary to ecclesiastical discipline may be corrected and those to be followed established. Let therefore, year by year, an episcopal council be held from the provinces that are able: so that, at suitable places and times, it may be celebrated according to the disposition of Our brother and fellow bishop Leontius, to whom We have delegated the solicitude of gathering the brothers, with the metropolitans notified by his letters — so that whatever has been allowed contrary to apostolic precepts in ordaining bishops or presbyters or clerics of any place, or whatever is reprobated in their conduct, may be cut away by the common authority of all. In this gathering above all let it be convened — so that, with Christ our Lord presiding, it may be venerable to the holy and formidable to the perverse. Nor may anyone stray from the rules which the united brotherhood has prescribed in common according to the definitions of the canons — so that, with the annual examination drawing near, each one may so direct his acts that he should wish for the judgment’s scrutiny rather than fear it. But in resolving graver cases, which cannot be settled there, let the sentence of the Apostolic See be consulted.

Chapter III: Inter-Provincial Travel Requires Metropolitan Letters; Arles Handles Referrals

We cannot pass over what must be cared for with more diligent solicitude: that bishops not dare to travel to another province without letters from their own metropolitans — which is also to be observed throughout the individual churches in every order of clerical office. On the other hand We provide for this: that if some have not been able to obtain such letters through some dispute, the bishop of Arles — examining everything together with two metropolitans of provinces that are conveniently located — shall establish, according to the character of the case, what is to be observed; and let him not permit another man’s cleric to be received to the injury of that cleric’s own bishop, without the testimony of his own bishop, as the statutes of the canons command. Let each brother, and all together, know that they must obey these present constitutions, by which Our admonition also announces that the judgment of Christ our Lord will not fail against those who, by a proud rebellion in declining to attend councils, are convicted by the testimony of their own conscience of not having the confidence of priestly innocence.

Chapter IV: Leontius’s Petition Concerning the Parishes of Arles Is Referred to the Brothers’ Council

Moreover, a petition from the same brother has been presented to Us, in which he reveals that parishes of the Church of Arles were transferred by his predecessor Hilary to others — which was not permitted — and he asks that those parishes be restored to their original right by Our authority. But mindful of apostolic moderation, We have referred his complaint to your brotherhood to be heard, so that in your gathering the things which are hoped for by Us may be presented, and the things which accord with ecclesiastical rules may be decreed.

Chapter V: No Church Property Is to Be Alienated Without Conciliar Examination

At the same time, We wish the entire brotherhood to be admonished concerning this: that properties which are neither deserted nor damaging, which belong to the Church, and by which the necessities of many people are customarily relieved, not be transferred by any legal means to another, unless the cause of the alienation is first demonstrated before a council — so that what must be done may be handled by the common deliberation of all. May God keep you safe, dearest brothers.

Given on the third day before the Nones of December, in the consulship of the most glorious prince Severus Augustus.

Source/Reference

Notes / Historical Commentary

Letter VIII is Hilarius’s major jurisdictional ruling for the Gallic churches — a document addressed to five provinces simultaneously, issuing binding rulings on a specific case, establishing an annual conciliar structure, regulating inter-provincial travel, and governing the alienation of church property. It is the Gallic counterpart to Leo’s Letter X, and the reader will find that its structural debts to Leo are everywhere visible.

The preamble establishes the basis on which Hilarius acts. “It is a matter of apostolic solicitude not to remain silent about the faults disclosed to Our examination” — apostolicæ sollicitudinis interest culpas in nostro deprehensas examine non tacere. The phrase places the same sollicitudo vocabulary that saturates Leo’s correspondence at the head of Hilarius’s ruling. The Apostolic See’s examination is the tribunal before which provincial irregularities are tried; speech and correction are the duties that examination entails; silence would make Rome complicit in the wrongdoing. The Hermes case is therefore not a local matter about which Rome might or might not intervene, but a matter that apostolic solicitude cannot leave unaddressed.

The resolution of the Hermes case in Chapter I deserves careful attention. Hilarius permits Hermes to preside over the Church of Narbonne — acknowledging that the wrongs were done by leading him into these excesses rather than by his outright initiative — but strips him of the power to ordain bishops. The ordination authority is transferred to Constantius of Ucetia by right of seniority, and a succession is specified: if Constantius dies while Hermes lives, the authority passes to the next senior bishop; when Hermes dies, the ordination power returns to Narbonne itself. The ruling is granular in its calibration: discipline where discipline is due, clemency where clemency is possible, with specific provisions for every foreseeable contingency. The pairing Hilarius names in the preamble — neither the charity of evangelical indulgence nor the rod of apostolic discipline has been lacking — describes exactly what the ruling delivers.

Chapter II establishes the Gallic conciliar structure, and the reader familiar with Leo’s correspondence will recognize the architecture immediately. An annual council is to be held under Leontius’s coordination, with metropolitans notified by his letters. Leontius serves as the convener — the figure to whom the sollicitudo of gathering the brothers has been delegated. This is the same delegation structure Leo used in establishing Anastasius of Thessalonica as his vicar for the Illyrian churches: the Roman bishop’s own sollicitudo is the source, and the vicar exercises it by delegation. Leontius is in fact the same bishop whose primatial position Leo had established in Letter X; Hilarius is not creating a new arrangement but extending and activating the one Leo had set in place nearly twenty years earlier. And the reservation clause is what gives the whole structure its Roman orientation: grave cases that cannot be settled at the council are reserved to the Apostolic See — apostolicæ sedis sententia consulatur. The provincial body has real competence; Rome retains final appellate authority over the cases that most need authoritative resolution.

Chapter III extends the framework of Roman oversight to inter-provincial clerical travel. Bishops may not travel to another province without their metropolitan’s letters; clerics may not be received in another jurisdiction without the testimony of their own bishop. The bishop of Arles handles disputed referrals, examining each case with two metropolitans of neighboring provinces. The closing sentence deserves the reader’s attention: Hilarius warns that those who rebel against the council by refusing to attend convict themselves of lacking the confidence of priestly innocence. The rebellion envisioned is not against a regional body but against the conciliar order Hilarius has just established by papal authority — and its judgment is identified with the judgment of Christ our Lord. The jurisdictional and the pastoral are fused: to reject the council is to place oneself outside the order Christ has constituted through the Apostolic See’s provision.

Chapters IV and V exhibit a significant procedural restraint. Leontius had asked Hilarius to restore certain Arles parishes to the see by papal authority; Hilary of Arles had transferred them, Hilarius agrees this was unlawful, and his jurisdiction to rule is not in doubt. But Hilarius declines to issue the ruling directly, referring the question instead to the brotherhood in council — moderaminis apostolici memores, “mindful of apostolic moderation.” The gesture is not a retreat from authority but an exercise of it through the conciliar mechanism Hilarius has just established in the same letter. It has the effect of giving the new annual Gallic council a substantive matter to handle under Roman oversight, granting the council both experience and legitimacy. The same logic governs the property-alienation rule in Chapter V: questions are handled by common deliberation of the provincial brothers, but within the framework of papal law. The pattern that emerges is precise: Rome defines the order; regional councils operate within it; and the Apostolic See’s ultimate jurisdiction is the settled premise of the whole arrangement.

The Early Church and Peter's Primacy