The Early Church and Peter's Primacy

Appendix to Letter VI: Edict of King Theodoric to the Roman Senate (11 March 507)

Synopsis: Royal edict of Theodoric the Ostrogoth, given at Ravenna on 11 March 507 and addressed to the Roman Senate, providing civil ratification of the synodal decree of Pope Symmachus’s Fifth Roman Synod (6 November 502) against the alienation of Church property — Theodoric explicitly acknowledging that, after the venerable synod, the ordinance of the Senate’s own judgment alone would have sufficed for decrees of this kind, and adding civil enforcement only because the Senate had brought the matter to him for consultation; the document, transmitted only in part, providing that anything alienated beyond the limit of usufruct shall be reclaimed by the venerable prelate together with its fruits.

Edict of King Theodoric to the Roman Senate, given at Ravenna on 11 March 507, providing civil ratification of the synodal decree of Pope Symmachus’s Fifth Roman Synod (6 November 502) on the inalienability of Church property.

To the conqueror of the world, the leader and restorer of liberty — to the Senate of the city of Rome — Flavius Theodoric the king.

There has reached us, conscript fathers, a suggestion conveyed concerning the welfare of the Church, and the welcome ordinance of your sacred body has touched the heart of our gentleness. And although, after the venerable synod, the ordinance of your own judgment alone would suffice for decrees of this kind, nevertheless, in response to your consultation, we have given a reply by these present pronouncements: that it shall not be lawful for any prelate of any church, under any kind of alienation, to enter into a contract concerning [its] property; though plainly the prelate shall be free to grant the usufruct as his own to whomever he wishes, with equity preserved. For property given over [to the Church] — owed to all pilgrims or designated for the maintenance of the church — ought not to be defeated by the will of the pontiff or clergy alone. For what could be more profane than that, on the donor’s side, his will be violated, while what each one has wished to belong to the Church, certain men wickedly claim for themselves through the contract of a usufructuary person? Therefore, if anyone with wicked daring shall presume what is forbidden, and desires to retain beyond the usufruct — bishop or clergy granting it — let the alienated property be at once reclaimed by the venerable prelate, together with its fruits. [And so on.]

Given at Ravenna on the fifth day before the Ides of March, in the consulship of Venantius, most illustrious — that is, 11 March 507.

Source/Reference

Notes / Historical Commentary

The Praeceptum of Theodoric of 11 March 507 is appended in Thiel’s edition to the acta of Symmachus’s Fifth Roman Synod (Letter VI, of November 502) because the two documents are inseparable in their canonical force. Thiel’s apparatus to this Appendix sets out the chain of events: Symmachus’s synod decreed against the alienation of Church property in November 502; Symmachus then took pains to have the Roman Senate issue its own decree (a senatusconsultum) confirming the synod; the Senate, having so acted, brought the matter to Theodoric for royal endorsement; Theodoric responded with the present Praeceptum from Ravenna nearly five years later. The chain is significant: synod → senate → king. Each tier acknowledges the prior, and the Gothic king explicitly states that the prior tiers, taken together, are already sufficient. The civil ratification adds enforcement, not authority.

The reader should weigh the contrast with the Basilian Constitutum of 483 — the document the Synod of 502 was called to declare null. Both documents are about the alienation of Church property; both are framed in the form of civil instruments. But the Basilian Constitutum was issued by Odoacer’s Praetorian Prefect as itself a legislative act over the Roman Church, claiming to bind future popes and attaching anathemas under lay authority. Theodoric’s Praeceptum is constructed differently from beginning to end. It is addressed not to bishops but to the Roman Senate. It rests its authority not on royal sovereignty over the Church but on the Senate’s consultation. It states that the synod and the Senate’s own ordinance alone would have sufficed. It assigns the recovery of alienated property to “the venerable prelate,” not to a civil tribunal. In every structural feature, Theodoric’s Praeceptum honors precisely the boundary that the Basilian Constitutum had violated. The same Symmachan synod that voided the one accepts the other.

The reader should attend especially to the central acknowledgment: after the venerable synod, the ordinance of your own judgment alone would suffice for decrees of this kind. This is a Gothic Arian king, ruling Italy from Ravenna, telling the Roman Senate that the Catholic synod’s decree on Church property holds primary authority and that royal endorsement is not strictly required. The Praeceptum is therefore not merely a piece of civil enforcement; it is testimony, by the highest civil authority of Italy in the early sixth century, that synodal decrees on the Church’s discipline carry their own binding force without the need for royal confirmation. Theodoric ratifies because he is asked, and because the Senate has already acted; he does not ratify because the Church’s discipline depends on him.

The Praeceptum is preserved only in part — Thiel notes that Holstenius transmitted what is here, and that the close is lost. What survives is enough to display the principle. The civil power, in its proper exercise, ratifies and enforces the Church’s own legislation; it does not legislate within the Church. The Roman Senate’s role as intermediary between synod and king illuminates the distinct competences: the synod decrees in its own authority, the Senate confirms in its civil deliberative authority, the king ratifies for the sake of civil enforcement. Each acts within its sphere; none usurps the others. The reader who places the Basilian Constitutum and the Theodoric Praeceptum side by side has, in those two documents, the negative and positive examples of how civil power may relate to ecclesiastical legislation — and which kind of civil instrument the Roman Church will accept.

The Early Church and Peter's Primacy