Letter 40: Severus warns Hypatius that Julian is trying to move a settled church-property case into civil court.

Severus thanks Hypatius, Master of the Soldiers, for inviting even a humble man to tell him the truth. The case concerns property of the church of Tarsus. Julian and others had been accused of holding what belonged to that church, and Severus arranged a local hearing so the parties would not have to travel at great cost to Antioch. The hearing was carefully built: bishops of First Cilicia sat with reputable legal experts, experienced presbyters from the apostolic see joined them, and the Gospels were placed in the midst. After the issues were heard and judgments accepted, Julian alone, driven by covetousness, rejected the verdict and tried to drag the matter before a civil court. His punishment was first remitted because his brother, the bishop Syrian of Augusta, pleaded for him and promised to quiet him. Now Julian is asking Hypatius to let him plead before civil magistrates, as if the case were new. Severus sees the maneuver clearly. It would reverse a judgment already given by the apostolic see and the whole synod, and it would teach every plunderer of church property to transfer ecclesiastical cases into civil courts after losing. Severus therefore begs Hypatius not to let friendship become a weapon against church discipline. Hypatius has been and will remain its guardian if he refuses Julian's trick.

Your excellency's exalted letters I for my part receive with all affection and pleasure. Though you are so exalted and have so much olorv, to which the Lord brought you, you encourage even humble men like me to inform you of things that are the truth, since you place nothing before this. Wherefore I also will truthfully inform your highness of the reason for which I have now composed this mean letter. It was not the devout presbyter Julian only who was accused by the holy church of the Tarsians of detaining property that belonged of right to it, but many others also with him; and in connexion with such accusations those who made the charge and those who were under the charge often wished to have recourse to the apostolic throne of the city that belongs to the Antiochenes and to you. And, since it is my habit not to cause trouble to anyone, but as far as possible to remove the com- plications arising from affairs, and not to inflict the p. 127, burden of heavy expense upon men who are compelled to take so long a journey, and at such grievous cost to discuss the points on which they are in doubt, I determined that all the saintly bishops of First Cilicia should sit in conjunction with the eloquent (TTpaTqX(Lry)<;. scholastics whom I certainly knew to be of good reputation, and who are well reported of both now and from their former life in Berytus, and discuss the details of the case of each of the persons who are said to be devouring church property. I also pro- vided that two religious presbyters of the apostolic see^ men versed in affairs and of minute experience in such matters, should be associated with them in the hearing of the said questions, with the book of the revered and holy gospels also laid in the midst. And after every point had been discussed in due order, and each of them had accepted the judgments given (how could they do otherwise?), the devout Julian only, being afflicted with covetousness, dared to treat the verdict ^ of the bishops with contempt contrary to the canons and the intention of the rightly-enacted laws, and to drag the hearinor before a civil court, in so much as to incur indignation and the punishment prescribed by the canons. And upon his brother the God- 128. loving Syrian, bishop of the city of Augusta, using many entreaties and promising to induce him to keep / quiet his punishment was remitted, since I am in fact naturally inclined to the milder course. Indeed he I tried by the use of deception to make the illustrious Heliodorus your curator also an accomplice in his plot by giving him false information: and upon your high- ness obtaining previous information of his proceedings all his plan was shattered. And now again, as if ^ d7ro(^a(ris. dealing with a new matter he has set himself to entreat your highness, and to seem to be making a moderate request, that he may plead his cause before civil magistrates, after the examination and decision of the apostolic see and of the whole synod, the reversal of a decision of which is not permitted him by any authority, either by the holy canons or by the civil laws. Therefore by his words which are moderate and have a supplicatory appearance he is trying by means of his tricks to suppress things which have passed in order and been brought to a conclusion in this way. And his thoughts are, as one of the pro- phets said, "a pondering of iniquity, and his sin is hid." ^ For how did he expect to get anything of this kind from you who are very just, seeing that everyone who has made havoc of the property of the church would have imitated his example, and reversed judg- ments rightly given, and transferred ecclesiastical causes- to a magisterial tribunal, and that after judg- p. 129. ment had been given and they had received an ending consonant to the laws and to the intention of the divine canons? Therefore I beg and entreat your ex- cellency not to give him an opportunity of appealing to your friendship, and arming himself against the ordi- nances of the holy church, and destroying all discipline, of which you both are and ever will be a guardian and a protector, so long as you are preserved through your whole life