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.1
To the conqueror of the world, the leader and restorer of liberty — to the Senate of the city of Rome — Flavius Theodoric the king.2
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:3 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.4 [And so on.]5
Given at Ravenna on the fifth day before the Ides of March, in the consulship of Venantius, most illustrious — that is, 11 March 507.
Footnotes
- ↩ The Latin reads Data V Idus Martias Ravennae, Venantio viro clarissimo consule — “Given at Ravenna on the fifth day before the Ides of March, in the consulship of Venantius, most illustrious.” V Idus Martias = 11 March; Flavius Venantius iunior was consul of the West in 507. (Thiel’s marginal annotation on page 695 reads 11 Nov., but the body text’s V Idus Martias is unambiguous and the consular dating is consistent with March 507; the marginal appears to be a slip.)
- ↩ Theodoric, the Ostrogothic king ruling Italy from Ravenna, addresses the Roman Senate with the formal honorifics of imperial-era address: patres conscripti (“conscript fathers”), with the elevated salutation Domitori orbis, praesuli et reparatori libertatis (“conqueror of the world, leader and restorer of liberty”). The flattery is deliberate. Theodoric, a Gothic Arian king ruling over a Catholic Latin population, frames his royal act not as the imposition of an external sovereignty but as the honoring of a Roman institutional decision. The Senate is the acting body in this construction; Theodoric is its respondent.
- ↩ The Latin is Et licet post venerabilem synodum ad hujusmodi decreta vestri sufficiat ordinatio sola judicii, tamen pro vestra hujusmodi consultatione praesentibus oraculis dedimus responsum. The acknowledgment is layered. Theodoric recognizes (a) that the venerable synod (Symmachus’s Roman Synod of November 502) holds primary authority for decrees of this kind, (b) that after the synod, the Senate’s own deliberative ordinance would itself suffice, and (c) that his royal edict is therefore not strictly required, but is added in courtesy to the Senate’s request for consultation. The civil power frames itself as the third tier in a chain whose first authority is the synod. Compare the Basilian Constitutum of 483, in which the Praetorian Prefect Basilius — acting under Odoacer — attempted to legislate within the Church, an attempt the Synod of November 502 declared void on the principle that no layman has any power of legislating in the Church besides the Roman pope. Theodoric’s posture in the present edict is the inverse: the civil power explicitly defers to the synod and acts only as ratifier, not as legislator.
- ↩ The Latin specifies a venerando praesule — “by the venerable prelate.” The civil edict expressly recognizes the prelate of the affected church as the proper recovering authority for alienated ecclesiastical property; it does not transfer the question to a civil tribunal. The crown’s role is to provide the legal instrument by which the prelate’s recovery can proceed without obstruction.
- ↩ The Latin reads Et cetera at this point — Thiel’s editorial signal that the document, transmitted through Holstenius and printed by Harduinus (Coll. conc. II:963), is preserved only in part. The original Praeceptum continued past this point, but the close has not been preserved in the canonical collections. Thiel laments in his apparatus: Optandum erat, ut integrior ad nos pervenisset — “It would have been desirable that it had come to us in a more complete form.”
Historical Commentary