Questions have been raised by certain persons who think that they have found some obscurity in one of Our Constitutions, where, in fact no obscurity exists; for, as We are deeply attached to freedom, this constitution, at variance with the ancient principle providing that children born of a serf and a free woman shall follow the condition of their father, establishes a contrary rule, and states that in order to determine the civil condition of a child, the condition of its mother should be taken into consideration. This beneficent law of Ours is unwilling that the child born of a free mother shall be a slave, as We stated in it that whether serfs were already married to free women when it was enacted, or whether they were united to them afterwards, the issue of such marriages would be free. Certain persons have ventured to interpret this so foolishly and in such a subtle manner as to hold that children born before the law was published, even though they were old at the time, are just as free as if they had been born after its enactment, and not long previously. They base this opinion upon the assumption that We certainly intended that where serfs were already married to free women, and children were born to them after the enactment of the present law, or even if they were not yet married, and contracted marriage subsequently, the children born afterwards would be free by virtue of the law.

  Therefore, in order that no artifice may prevail, or any fraud be committed, and the use of subtle interpretations for the purpose of injuring possessors of property may no longer be allowed, We hereby decree that all children born of free mothers after the publication of this law shall be released from the condition of serf, and that the other ancient legislation on this subject shall remain in full force.

  We have recently drawn up a law for the purpose of remedying abuses relating to the alienation of ecclesiastical property, and We desire, where any public debt exists, to enable them to dispose of it, if they observe all the formalities prescribed by law. When, however, there is any private indebtedness, immovable property can be given by way of payment, provided no law prohibiting alienations of this kind is violated by doing so; and We add that, where the case is urgent, and it is advantageous to religious houses to give or receive such property, one church may transfer it to another, or one hospital to another, or one house for the entertainment of travellers to another; for We authorize such an exchange to be made between one religious house and another founded for a different purpose, such as a church and an asylum for poor invalids, a monastery and another religious house, etc. By the terms of the present law We grant authority to the heads of these monasteries to make exchanges of this kind, and We hereby establish the validity of such exchanges; thus the government shall not be the only one (as was provided by the former law) entitled to the privilege of exchanging immovable property with churches. Religious houses, dedicated to God, the common King of all mankind, can also do this, but the interposition of a decree as well as the taking of an oath shall be absolutely necessary; the reason for the exchange shall be investigated by the metropolitan bishop of the diocese, and if it is actually proved under oath that the exchange will be advantageous to both parties, it shall be confirmed and rendered valid, and there will be no need of a pragmatic sanction, or any special order for that purpose. Those who make exchanges of this kind will have the judgment of Omnipotent God to fear, if any fraud for which they are responsible should be committed, or any collusion take place on their part, and they should consider the benefit of one of the parties rather than that of the other; for terrible maledictions in addition to those which We at present prescribe are denounced against persons guilty of offences of this kind, when the said stewards fail to comply with any of the requisite formalities, and are afterwards proved to have done this with evil intent, and where this is the case the transaction shall be void.
  (1) We except the Holy Principal Church from the operation of this law, just as was done by the previous constitution; and We desire that it shall continue to be included in the former prohibition concerning alienations, as this has been considered to be proper by the ecclesiastical authorities having it under their control.

  Your Eminence will communicate these matters which have appeared to Us to be good and proper, and which are set forth in the present law, to all the provinces under your jurisdiction; in order that they may be formally promulgated by means of suitable proclamations.