THE CHURCH OF THE HOLY RESURRECTION CAN ALIENATE BUILDINGS BELONGING TO IT IN THE CITY IN WHICH IT IS SITUATED.

  A law prohibiting the alienation of ecclesiastical property has already been promulgated by Us, which We desire to be observed and confirmed in every respect. But, as it is proper for Us to make provisions for all churches, We certainly should not neglect that of the Holy Resurrection, as well as of the place in which the Creator of the world allowed himself to suffer for the benefit of the human race. Therefore We have considered it advisable to enact the present law, not for the purpose of repealing what We have formerly established, but in order to make a proper and necessary addition to what has already been adopted. For it is known to all persons that the Church of the Holy Resurrection receives and nourishes persons who resort to it from the entire world (of whom there is an immense number), and that enormous and incalculable expenses are incurred, to defray which its revenues are not sufficient, without a daily repetition of the miracles of Our Lord and Saviour Jesus Christ, who, with a very small quantity of bread, fed an innumerable concourse of persons. Hence it is necessary to take measures to enable this church to obtain sufficient income to meet the expenses caused by the assemblage of such a vast multitude of believers.
  (1) We have learned from Eusebius, at present priest and sacristan of the Most Holy Church of this city, who has just returned from Jerusalem, that he has greatly increased the income of that Most Holy Church by only employing means which are honorable and approved by God; and that he has been able, by the expenditure of three hundred and eighty pounds of gold, to obtain an income of thirty pounds of gold, more or less; to accomplish which he carefully collected money and induced the stewards of the holy church to borrow more; but that as now the creditors desire to be paid, he had devised another plan to satisfy them, and stated to Us that many persons attracted to Jerusalem through the desire of visiting the tomb of Our Lord wish to purchase buildings belonging to the Church with large sums of money, provided they were permitted to enjoy them without any risk, but that the authorities of the Church of the Holy Resurrection refuse to sell said buildings on account of their fear of the law which We promulgated with reference to the alienation of ecclesiastical property, although this would result in a great benefit to the Holy Church, and that there are persons who are willing to buy such property only for the term of fifty years. This advantage is in fact much greater than can be expressed in words; for if, on the one hand, the Holy Church has been able, by the expenditure of three hundred and eighty pounds of gold to acquire property which yields thirty pounds of income, it will recover (which is something worthy of admiration) the original price of its investment in about thirteen years; and, on the other hand, the sale of the buildings referred to will only be for fifty years; and, besides, the property of the Church of the Resurrection consists of houses exposed to all manner of accidents, and may suddenly be destroyed by fire or some other casualty without leaving a trace of their former existence.

  These things have induced Us to enact the present law, which We have dedicated to God and the Church of the Resurrection, most holy of all churches, by which law We decree that former provisions relating to rural, ecclesiastical property (which We, under no circumstances, permit to be sold) shall continue to be observed, and We relax the rigor of this law only with reference to the alienation of the buildings above mentioned. For while We published the preceding constitution for the benefit of the Holy Churches, as We now perceive that it will be advantageous for the Church of the Holy Resurrection to alienate its property, We, by the present law, permit this to be done, giving it full permission and extending every security to both vendor and purchaser, presuming that the said buildings will subsequently revert to the church, and that those who buy them will, through their love of God, leave them to the church at the time of their death. Therefore the Holy Church will be permitted to dispose of the houses belonging to it, without having reason to fear the general law which forbids this kind of alienation, as it is subject to an exception which is more recent, and dispenses with the penalties imposed by the former constitution.
  (1) The aforesaid church can, from this time forward, alienate its property, provided it will be to its advantage to do so; and all purchasers of the same, their heirs and successors, both now and hereafter, need have no apprehension of being deprived of the property, for the reason that by the present law they can make a purchase with confidence; for it is not just that they should suffer molestation on this account, or be liable to any accusation, damage or loss. Your Excellency undoubtedly may notify members of the venerable clergy that alienation of their buildings can be made, when you are satisfied that such an act will be advantageous; that the property sold is of comparatively trifling value; and what is to be obtained by the sale is better and more valuable. Thus the total amount of the purchase-money derived from sales made for fifty years will be available to pay what the creditors have advanced to enable the income which We have mentioned to be obtained. For if God, who is the Creator and Master of all mankind, has, in preference to other cities, granted to Jerusalem the privilege of His resurrection, We should, as far as possible, in imitation of God and His infinite miracles, give to the church of this same city advantages over other cities, and cause it to enjoy the benefit of the present law, which We enact as a special favor to it, being, above all things, desirous of promoting its interests.

  As soon as this constitution is communicated by Us, it must be recorded in the Books of the Laws, and Your Holiness will publish it to all the inhabitants of Jerusalem. You must also promulgate the provisions which We have decreed for the benefit of the Holy Church of the Resurrection, venerated by the entire human race, provisions which We consecrate to God, whose extraordinary blessings conferred upon Us surpass those of Our predecessors. This law is especially addressed to Peter, Most Holy and Blessed Archbishop of Jerusalem.