To Our most beloved brother Aeonius, Symmachus.
Chapter I: The Vienne Bishop Obtained a Ruling From Anastasius II by Stealth Procurement; The Case Is to Be Reheard at Rome
1. The report of Your beloved has indeed moved Us, in that it has declared: namely that, contrary to the rules of ecclesiastical order and against the venerable treatment of the canons, the bishop of the Church of Vienne, by stealth procurement,1 obtained certain things culpably from the Apostolic See — Our predecessor formerly presiding2 — if the complaint be true, what was frivolously obtained cannot hold effect; nor can anything new be ordained by Us, unless those things shall have shone forth which were established by Our fathers and predecessors in this case.3 Yet, lest We seem to have decreed something prejudicially in the absence of the other party, We have judged it more fitting to ordain that Your brotherhood, at an appropriate time, not delay sending here someone instructed concerning every aspect of the case, who may competently allege the truth of the cause before Us — so that, when all has been thoroughly examined, what is to be established may be sanctioned with the strength of deliberation.
Chapter II: The Bishop of Vienne Likewise to Send His Own Representative
2. We charge that Your beloved must also do this: that Our brother and fellow bishop, the prelate of the city of Vienne, also be admonished by messenger and writing — that, on the appointed days, he too direct his own man, who may competently set forth the allegations of his party — so that, with the suggestions readily presented from both sides, those things may be ordered which are to be observed in perpetuity.4 For he ever judges suspectly who appears to decide on the basis of what one party seems to want.
The Lord keep you safe, dearest brother! Given on the twelfth day before the Kalends of November, after the consulate of the most distinguished man Paulinus.5
Footnotes
- ↩ The Latin is per subreptionem. Subreptio is a canonical-legal term for the fraudulent procurement of a privilege from the Apostolic See by misrepresentation or by withholding material facts — what later canonical tradition would call obtaining a rescript by false statement. The opposite term, obreptio, designates procurement by positive misstatement; subreptio designates procurement by suppression of relevant truth. Symmachus’s invocation of the term here is precise: he is not yet ruling against the Vienne bishop’s claim, but he is identifying the procedural ground on which Anastasius II’s grant may be reviewed and (as Letter III will rule) annulled. The principle that papal grants obtained by subreptio are voidable is foundational to the canonical structure of papal jurisdiction: the See’s grants depend on the truthful representation of the case, and grants obtained on a false basis do not bind the See. This procedural mechanism operates within the deeper Petrine framework of binding and loosing (Matt. 16:19): the See that binds is also the See that looses, and the canonical authority to void a grant procured by stealth is one expression of the same authority by which the See grants in the first place.
- ↩ The Latin is dudum praesidente decessore nostro. Thiel’s manuscript witnesses L²L⁴ preserve the adverb dudum (“formerly,” “some time ago”), which PL omits. The qualifier is significant: Symmachus is referring not to a current ruling but to a prior decision of his predecessor — which, as the next sentence makes clear, is the very ruling whose validity is now being questioned. Thiel’s footnote also observes that this is the place where Symmachus first identifies his predecessor by allusion, with the explicit identification of Anastasius II coming in Letter III (the Rescissis letter to the same Aeonius). The careful temporal qualifier preserves the operative point: the grant in question was obtained from a previous pope, and the present pope is reviewing it.
- ↩ The principle articulated here is structurally important. Symmachus is saying that he cannot rule on the Vienne dispute by simply imposing a fresh decision; he must first know what his predecessors had ruled on the same matter, because his ruling has to stand in continuity with the See’s settled discipline. The reader should observe what this presupposes about the See’s jurisdiction. The pope is not a free legislator who decides each case on the merits as if from scratch; he is the custodian and continuator of a settled discipline that binds even him. Symmachus’s review of the Anastasius II ruling will therefore be conducted on the basis of whether that ruling was consistent with what the predecessors of Anastasius — Leo, Hilary, Gelasius, and the rest of the chain — had established for the Arles-Vienne relation. Letter III will record his finding that Anastasius II’s ruling was inconsistent with the older statutes and is therefore annulled; this letter prepares that finding by establishing the framework of review.
- ↩ The Latin is quae in perpetuum servanda sint disponantur. Symmachus is framing the projected decision not as a one-time ruling but as a permanent disposition of the Arles-Vienne relation. The reader should note the institutional ambition: the See’s review is not merely to settle the present dispute but to fix the canonical structure of the relation between the two metropolitan sees in perpetuity. This is the same disposition Leo I had attempted in Letter X to the Gallic bishops (the Hilary affair, 445), where Leontius was made the senior bishop with consent rights over provincial councils. Symmachus is now reviewing Anastasius II’s modification of that older Leonine framework, with the intent of restoring its perpetual force.
- ↩ 21 October 499. The post-consular dating post consulatum Paulini viri clarissimi reflects the absence of a designated consul for 499 — an increasingly common feature of the Western imperial calendar at this period as the consulate fell into desuetude. Paulinus had been consul of 498. The letter is therefore from the same year as Symmachus’s first synod (1 March 499); both belong to the first year of his pontificate.
Historical Commentary