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.