THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LV ~ |
CONCERNING
THE PROHIBITION OF FRAUDULENTLY EXCHANGING ECCLESIASTICAL PROPERTY FOR
THAT OF THE EMPEROR, IN ORDER BY SO DOING TO TRANSFER IT TO OTHER PERSONS,
FOR SUCH EXCHANGES SHALL ONLY BE MADE WITH THE IMPERIAL HOUSE. ALSO
CONCERNING THE AUTHORITY GRANTED TO CHURCHES TO MAKE PERPETUAL EMPHYTEUTIC
CONTRACTS WITH EACH OTHER, WHEN A DECREE HAS BEEN OBTAINED FOR THAT
PURPOSE, THE PRINCIPAL CHURCH OF THIS CITY EXCEPTED, WITH THE UNDERSTANDING
THAT THE EMPHYTEUSIS SHALL NOT BE TRANSFERRED TO A PRIVATE PERSON. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to Menna, Archbishop of Constantinople. |
PREFACE. |
We have already
enacted a law prohibiting the alienation of ecclesiastical property,
and which allows the most holy churches, as well as the Most Holy Principal
Church of this Fortunate City, to make exchanges when the Empire desires
to obtain anything from a religious house, and We have subsequently
promulgated another law by which We have excepted the Most Holy Principal
Church, but authorized certain alienations which are set forth in the
said law. But, for the reason that We have ascertained that certain
persons have evaded what is provided in a chapter of Our first Constitution,
which treats of exchanges made between the government and the most holy
religious houses, and as the said persons ask Us to Ourselves acquire
property from the Most Holy Church, in order to transfer it to them,
and many with the intention of evading the Imperial Constitution aforesaid
have presented petitions to Us for this purpose, We desire that whatever
We have prescribed up to this time shall be valid, and that none of
the transactions which have been made by Us with the Most Holy Church,
or with others that have received anything from Us by virtue of such
contracts, shall be abrogated. |
CHAPTER I. |
We
decree that, hereafter, no person shall be permitted to do anything
of this kind, but that only those exchanges shall be valid which have
been made between the government and the Church; in order that the property
transferred may always remain in possession of the Empire, and not be
conveyed to any private individual, nor that the title to said property
shall pass to such persons through the medium of the government. If
anything of this kind should occur, We grant permission to the most
reverend stewards to seize the property and restore it to the Most Holy
Church, just as if no such transfer had been made to the government
in the first place.
This law shall, from this day, remain forever in force, and all exchanges
which (as We have stated) have been made through the medium of the government
after the enactment of the first law shall be confirmed, for the reason
that said transactions have already been perfected. Now, however, certain
persons, taking advantage of these former examples for the purpose of
annoying Us, and defrauding the Most Holy Principal Church of this Most
Fortunate City, desire to obtain possession of property in this way,
which We are unwilling should be done at any time. If, however, such
an exchange should take place, it will be void, and the property in
question shall be recovered by the Most Holy Principal Church, and held
in perpetuity, and no prescription of long time can be pleaded against
it. |
CHAPTER
II. CHURCHES SHALL BE PERMITTED TO MAKE PERPETUAL EMPHYTEUTICAL. |
We
hereby decree that all provisions enacted with reference to emphyteutical
rights, so far as the Most Holy Principal Church or all other religious
houses are concerned, shall remain in full force; but churches and religious
houses, with the exception of the Most Holy Principal Church, shall
be permitted to make perpetual emphyteutical contracts with one another,
provided a decree authorizing this has been previously obtained, as
We are not willing that this right should be enjoyed by a private individual. |
EPILOGUE. |
Therefore
Your Holiness will observe these matters which have been ordered by
Us, and communicate them to those who occupy Metropolitan Sees in Your
jurisdiction, so that they may become familiar with what We have been
pleased to enact, and will not venture to evade any provisions of these
laws; for if they should either do this themselves, or permit others
to do so, they will become liable to the judgment of Heaven, as well
as to severe penalties. |
Given
at Constantinople, on the third of the Nones of November, during
the eleventh year of the reign of Our Lord the Emperor Justinian, and
the second after the Consulate of Belisarius. |
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