Acta of the Roman Synod held in the basilica of the blessed Apostle Peter on 6 November 502, presided by Pope Symmachus.1

With the venerable Pope Symmachus presiding, more than seventy Italian bishops were in attendance — among them Laurentius of Milan, Petrus of Ravenna, and Eulalius of Syracuse, whose names are preserved with the rest in the subscription below — together with the presbyters of the Roman titular churches and the deacons Anastasius, Hormisdas2, Johannes, and Agapetus.

Section I: Symmachus’s Address — Praising the Synod and Introducing the Basilius Edict for Review

Symmachus, bishop of the Catholic Church of the city of Rome, said:

Your brotherhood, in submission to ecclesiastical laws and under fear of the divine judgment, has well defined what was to be established and has reached the summit of justice, embracing all things sufficiently. Nor does this fullness need any addition — especially in the matter of those clerics whom the love of dominion has invaded, who have cast off the yoke of ecclesiastical discipline, and who, on that account, have stood convicted before you of having made schism. To them, however, you have not denied — as was right — the mercy which God commands to be expended on all, provided that the hardness of their hearts does not bring its own penalty by despising the remedies offered. To recount the full extent of their excesses would be difficult; but there is one matter which has come before me that I do not delay to bring to your venerable order.

They have alleged, among other things, that a certain writing was composed by Basilius of illustrious memory, as if from love of the Church’s property — a writing in which no prelate of the Roman Church either took part or subscribed, through whom it could have obtained legitimate force. Yet, lest I dispute that on which your council is competent to judge: let the writing be sought out and brought into our midst, so that by reading you may recognize what substance it can have.

The holy synod responded: Let it be brought forward, that what kind of writing it is may be recognized.

And while he was still speaking, Hormisdas the deacon read aloud:

Section II: The Basilius Edict Read into the Synodal Record

When they had taken their seats in the Mausoleum which is by the most blessed Apostle Peter, the sublime and most eminent man, Praetorian Prefect and Patrician, also exercising the office of the most excellent King Odoacer, Basilius said:

“Although it pertains to our zeal and our religion that in the election of a bishop concord above all be preserved for the Church, and that the state of civil order not be called into doubt by occasion of sedition, nevertheless we ought always to keep before our eyes the admonition of the most blessed man, our pope Simplicius — for you remember that under solemn obligation it was charged to us by him, that, lest there should be any disturbance or detriment to the venerable Church, if it should fall to him to depart this life, no election of any candidate should be celebrated without our consultation.”3

And while he was reading, Cresconius, bishop of the church of Todi, rose from his seat and said: Let the holy synod weigh this — that, passing over the religious persons whose concern is most properly the choice of so great a pontiff, they have brought the matter into their own power, which is manifestly contrary to the canons.

Likewise Hormisdas the deacon read:

“Lest the venerable Church should sustain any confusion or loss, we marvel that anything was attempted with us passed over — when, while our priest still survived, nothing ought to have been undertaken. If, therefore, it please your magnificence and sanctity, let us preserve, by religious moderation, all that pertains to the election of the future bishop, setting forth specially this law which we, with the devotion of a Christian mind, shall make for ourselves and our heirs: That at no time may any rural or urban property, or ornaments or ministries of the churches, which now exist or which may by any title come into the rights of the churches, be alienated under any title or pretext, by him who is now to be ordained bishop by common election, or by those who shall follow him in ages to come. And if anyone shall wish to alienate any of these, let it be judged ineffective and void; and let anathema fall upon the one who does it, the one who consents, and the one who receives.”

Maximus, bishop of the church of Blera, said: Now let the holy synod deign to declare whether it was lawful for a layman to dictate anathema in the ecclesiastical order, or whether a layman could pronounce anathema upon a priest, and constitute against the canons what did not pertain to him. Tell me, what does it seem to you? Was it lawful for a layman to give a law concerning me?

The holy synod said: It was not lawful.

And he added: Read what follows.

Hormisdas the deacon read:

“And let him who has acquired any rural or urban property of ecclesiastical right know that no law or prescription protects him; if either the alienator himself, or his heirs, attempt by contrary will to reclaim such alienated property, the one who acquired it shall restore it with its fruits.”

And while he was reading, Stephanus, bishop of the church of Venusia, rose from his seat and said: It was not within the scope of that place to presume such things.

The holy synod said: Let it be read through. Hormisdas the deacon read:

“It has further been decreed that the heirs and co-heirs of the recipient also be held to this penalty. In which matter the right of contradicting freely shall belong to any of the clergy. For it is iniquitous and a kind of sacrilege that what each one has bestowed or left to the venerable church, for the welfare or repose of his soul, for the cause of the poor, should be transferred to another use by those whom it had most chiefly befitted to preserve it. Clearly, whatever shall appear among gems, gold and silver, and even vestments, less suited to the use or ornament of the church — things which cannot be kept and preserved long — let them be sold at just valuation, and contribute to religious distribution.”

Section III: The Sentence of the Synod Against the Basilius Edict

When the writing had been read, Laurentius, bishop of the Church of Milan, said: This writing was unable to bind any pontiff of the Roman city, since it was not lawful for a layman to have any power of establishing in the Church besides the Roman pope.4 Theirs is the necessity of obedience, not the authority of command — especially since not even the Roman pope subscribed, nor is the assent of any metropolitan recorded as the canons require.

Petrus, bishop of the Church of Ravenna, said: It is manifest that the writing which was published in our assembly is sustained by no force, since it neither agrees with the canons, nor is it appropriate that it should have been conceived by a layman, and most of all because in it no prelate of the Apostolic See is shown either to have taken part or to have confirmed it by his own subscription.

Eulalius, bishop of the Church of Syracuse, said: The writing which was recited in the priestly council is established by the most evident proofs to be of no force. First, because the act seems to have been done apart from the rules of the Fathers, by laymen — however religious — to whom no power of disposing anything in ecclesiastical resources has ever been conferred. Then, because it is shown to be confirmed by the subscription of no prelate of the Apostolic See. And if the priests of any province, holding council within their own bounds, have attempted anything without the metropolitan or bishop of their region, the holy fathers ordained that this ought to be void: how much more, then, that which was decreed without the Apostolic See — the See whose prerogative, by the merit of the blessed Apostle Peter, holds the primacy of priesthood throughout the whole world5 — has been accustomed to give firmness to synodal statutes? It is recognized to have been a presumption on the part of laymen, even with the consent of some bishops (who, however, were not able to do harm to the pontiff by whose hand they had themselves been consecrated). And it is in no doubt that it can be deemed lacking in force, nor that it can in any way be ranked among ecclesiastical statutes.

The holy synod said: It is clear, by the prosecution of our venerable brothers Laurentius, Petrus, Eulalius, Cresconius, Maximus, and Stephanus — and it is held by us as no uncertain matter — that this very writing is of no moment. Even if it could subsist by some reasoning, in this synodal assembly, by the foresighted sentence of your beatitude, in all ways it ought to be drained of force and reduced to nothing — lest there remain a precedent for any laymen, however religious or powerful, to presume in any city, in any way, to decree anything concerning ecclesiastical resources: the care of disposing of which is taught to be entrusted by God to priests alone, beyond all question.

Symmachus, bishop, said: Now that God has granted me, by this occasion, the presence I had longed for from you, I will, if it please you, that the matter be made firm — which I trust befits ecclesiastical resources — so that all may know, whom an empty fury has roused against me, that I study nothing more than that what has been entrusted to Me by God’s dispensation may be preserved; and that it should also be acceptable to whatever successors fearing God may come, and pertain to the custody of the ecclesiastical patrimony.

The holy synod said: We know your foresight bends to what is necessary, and therefore it is in your power to determine what should follow.

Section IV: First Decree — No Prelate of the Apostolic See May Alienate Rural Property in Perpetuity

Symmachus, bishop of the Catholic Church of the city of Rome, said:

Great care is owed to the venerable purpose of priesthood, whose duty it is to dispose of right things from zeal, not from necessity. But because in some cases — when avarice, the mother of vices, drives those who demand what is not theirs, and the safeguards of honesty are cast off — they judge that whatever is allowed is expedient; and so, while gaping for plunder, they abuse the patience of heavenly mercy, presuming that they are not bound by the moderating judgments of heaven; and so it grows clear that with some, the delay of the divine sentence is taken as an opportunity for plunder. But for Us, on whom pastoral care lies, who must give account for the substance entrusted to Us by ecclesiastical dispensation, it is necessary that Our solicitude extend not only to the present but also to the ages to come — lest it tend to the loss of Our soul, if those who could owe innocence to the statutes, presuming on liberty, should transgress, when both We and Our successors might be sustained by religious authority, serving ecclesiastical laws.

These things, therefore, having been weighed, with consideration of Our God We decree by an abiding decision: that it shall not be lawful for any prelate of the Apostolic See, present or to come — so long as the Catholic faith, by the Lord’s saving doctrine, shall remain in the Church — to transfer in perpetuity, by alienation or commutation, any rural property, of whatever extent, into the rights of any party. Nor shall any be excused under pretext of necessity, since what We say is not said of any one person. Nor shall it be lawful for any to give rural fields in usufruct to any party, nor for them, once given, to be retained — except [in the case of] clerics, captives, and pilgrims: lest occasion be given for ill-handling, when a thousand other paths lie open for liberality.

Section V: City Houses May Be Commuted Under Strict Conditions

Yet only houses built in any cities — whose maintenance necessarily requires no small expense — may be commuted, if they should chance to be offered, under just estimation of [equivalent] revenues and with fear of the divine judgment.

Section VI: Presbyters of the Roman Titular Churches May Not Alienate Their Properties

By a like law We will the presbyters of all the titular churches throughout the Roman city — whoever they shall be — to be bound by the same obligation by which the Supreme Pontiff binds himself through the charity of Christ: a man of the second order in the Church is not exempt from it. Whoever, however, forgetful of God and of this decree (by which We will the priests of the Roman city to be bound by religious bonds), trusting in the present obligation, shall attempt to alienate by any title or pretext anything from the rights of the titles or of the churches above mentioned (except gold, silver, gems, vestments — if any — or anything moveable not pertaining to divine ornaments) by perpetual right, except indeed under the aforesaid condition concerning houses, shall be punished by the loss of the honor of the donor, the alienator, and the seller.

Section VII: Anathema Against Petitioners, Recipients, and Subscribers

Furthermore, whoever has petitioned for or accepted, or whoever among the presbyters or deacons or defensors who give shall have subscribed, by which God, being angered, may strike souls — let him be struck with anathema. And let the recipient and the subscriber be held in the same penalty as the persons enumerated above — that is, those whom We have decreed to be struck with anathema — the established penalty being preserved as We have set forth, and the pursuit against the alienator continuing; unless perhaps the alienator himself, while seeking back what was his, and the recipient, by swift restoration, have made provision.

Section VIII: Continuation of Penalty Even with Document; Action Open Against Violators

But if anyone, with too little care for his own soul, neglects the offered remedy, and contrary to right draws up some document beyond the penalties prescribed above — let that document be of no effect at all in any of its forces, since from the beginning it had none. It shall be lawful for any ecclesiastical persons to bring forth a voice of contradiction, supported by ecclesiastical authority, that the alienated property may be demanded back together with the fruits; nor shall anyone fortify himself before Christ’s tribunal with this obstacle, who, against right and without any consideration of piety, scatters the substance of the poor in spite of religious souls. We will the law of this constitution to be observed strictly in the Apostolic See alone; in the churches throughout the provinces, let it be applied by their rectors as they shall judge fitting to the religious purpose, according to the consideration of souls, with due manner preserved.6

Subscriptions

Coelius Symmachus, bishop of the Roman Church, subscribed this constitution made by Us.

Laurentius, bishop of the holy Church of Milan, subscribed this constitution made by the venerable Pope Symmachus.

Petrus, bishop of the Catholic Church of Ravenna, subscribed this constitution made by the venerable Pope Symmachus.

Eulalius, bishop of the Church of Syracuse, subscribed this constitution made by the venerable Pope Symmachus.

Felix, bishop of the Church of Interamna, subscribed.
Cresconius, bishop of the Church of Todi, subscribed.
Aemilianus, bishop of the Church of Vercelli, subscribed.
Jocundus, bishop of the Church of Augusta, subscribed.
Tigridius, bishop of the Church of Turin, subscribed.
Vitalis, bishop of the Church of Fundi, subscribed.
Bassus, bishop of the Church of Modena, subscribed.
Pacatianus, bishop of the Church of Imola, subscribed.
Maximus, bishop of the Church of Blera, subscribed.
Martyrius, bishop of the Church of Terracina, subscribed.
Rufentius, bishop of the Church of Egnatia, subscribed.
Basilius, bishop of the Church of Tolentino, subscribed.
Martinianus, bishop of the Church of Orte, subscribed.
Benignus, bishop of the Church of Acquaviva, subscribed.
Fortunatus, bishop of the Church of Suessa, subscribed.
Severinus, bishop of the Church of Tindari, subscribed.
Eucarpus, bishop of the Church of Messina, subscribed.
Johannes, bishop of the Church of Spoleto, subscribed.
Stephanus, bishop of the Church of Venusia, subscribed.
Valentinus, bishop of the Church of Amiterno, subscribed.
Romulus, bishop of the Church of Praeneste, subscribed.
Probus, bishop of the Church of Carmeia, subscribed.
Vindemius, bishop of the Church of Antium, subscribed.
Candidus, bishop of the Church of Tibur, subscribed.
Fortunatus, bishop of the Church of Fulgenum, subscribed.
Paschasius, bishop of the Church of Vulturnum, subscribed.
Marcianus, bishop of the Church of Aecae, subscribed.
Maximianus, bishop of the Church of Perugia, subscribed.
Chrysogonus, bishop of the Church of Albingaunum, subscribed.
Eutychius, bishop of the Church of Trani, subscribed.
Laurentius, bishop of the Church of Bovianum, subscribed.
Marcus, bishop of the Church of Samnium, subscribed.
Aprilis, bishop of the Church of Nuceria, subscribed.
Memor, bishop of the Church of Canusium, subscribed.
Innocentius, bishop of the Church of Forum Sempronii, subscribed.
Florentius, bishop of the Church of Plestia, subscribed.
Felix, bishop of the Church of Nepi, subscribed.
Proculejanus, bishop of the Church of Sepino, subscribed.
Fortunatus, bishop of the Church of Anagni, subscribed.
Concordius, bishop of the Church of Mesenatis, subscribed.
Amandus, bishop of the Church of Potentia, subscribed.
Asellus, bishop of the Church of Populonia, subscribed.
Colonicus, bishop of the Church of Forum Clodii, subscribed.
Elpidius, bishop of the Church of Volaterrae, subscribed.
Projectus, bishop of the Church of Forum Novum, subscribed.
Veneriosus, bishop of the Church of Pellae, subscribed.
Bonifacius, bishop of the Church of Foroflaminium, subscribed.
Sebastianus, bishop of the Church of Sora, subscribed.
Rusticus, bishop of the Church of Buxentum, subscribed.
Venantius, bishop of the Church of Senigallia, subscribed.
Victor, bishop of the Church of Luna, subscribed.
Innocentius, bishop of the Church of Tifernum (Tiberinum), subscribed.
Silvinus, bishop of the Church of Velitrae, subscribed.
Justus, bishop of the Church of Signia, subscribed.
Aristo, bishop of the Church of Ostia, subscribed.
Augustus, bishop of the Church of Lipari, subscribed.
Felix, bishop of the Church of Nepi, subscribed for Ursus, bishop of [the Church of] … .
Asterius, bishop of the Church of Aquinum, subscribed.
Propinquus, bishop of the Church of Trebia, subscribed.
Eusebius, bishop of the Church of Fanum, subscribed; and
Romanus, bishop of the Church of Nomentum, subscribed.

Likewise, the subscription of the presbyters.