THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ VII ~ |
CONCERNING
THE PROHIBITION OF ALIENATING OR EXCHANGING IMMOVABLE ECCLESIASTICAL
PROPERTY, OR OF GIVING IT TO CREDITORS UNDER SPECIAL HYPOTHECATION,
A GENERAL HYPOTHECATION BEING SUFFICIENT. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Emperor Justinian to Epiphanius, Most Holy and Blessed Archbishop of
this Fortunate City, Ecumenical Patriarch, or Patriarch of Constantinople.
|
PREFACE. |
As
We are always intent upon correcting anything which We find to be confused
or imperfect, or removing it, and making clear what is obscure in Our
legislation, We think that it is necessary for everything relating to
the alienation of the property of the Church to be included in
a single law, which shall replace and amend all others, supply what
is lacking, and rescind what is superfluous. Leo, of pious memory, who,
with the exception of Constantine, of all the Emperors, added more than
anyone else to the Christian religion, and thoroughly established the
honor and discipline of the holy churches, enacted a law concerning
ecclesiastical alienations, which he, however, limited to the Principal
Church of this Most Fortunate City. We applaud the greater portion of
this law, because the worship of God is its principal object, but for
the reason that it does not generally apply to all churches, We think
that it requires amendment. An enactment on the same subject was also
published by Anastasius, of pious memory, which, although it did not
resemble the former one, is still restricted in its effect, for although
it applies to places outside of Constantinople, it is still imperfect
for the reason that it has reference only to the clergy and the diocese
subject to the authority of the patriarch of this Royal and Most Fortunate
City, but is not applicable to sees. The author of the law understood
that it should be corrected, as he amended several portions of it, although
he left others untouched, for which reason We decree that it shall hereafter
be void as being imperfect and limited in scope, and not be included
among laws generally as introducing anything that is of value to jurisprudence.
Hence, We have corrected all these matters, and think that it is necessary
for uniform legislation to be imposed upon all churches, hospitals,
monasteries, asylums, infirmaries for the poor, and all other religious
foundations; and We desire that the present law shall be an addition
to that of Leo, of pious memory, of which We are going to enumerate
in a few words such provisions as remain in force. It forbids the archbishop
and patriarch of this Fortunate City or of the principal church of the
same, as well as the steward, to sell, give, or alienate in any other
way any of the immovable property belonging to the holy Principal Church
of Constantinople, whether said property consists of buildings, land,
serfs, rustic slaves, or grain furnished by the State (for these last
items are regarded as immovable), and the law does not permit any transfer
to be made by way of compensation, or under any other pretext; and it
renders the purchaser liable to restore to the steward having charge
of the property of the church whatever he has purchased, together with
the profits of the same which he may have obtained since the alienation,
and anything else which he may have acquired thereby, as well as to
forfeit the purchase money, and it regards the transaction just as if
it had never taken place. It also compels the steward who has failed
in the discharge of his duty to pay over any profits which he has received
from what belonged to the holy church, or to indemnify the latter for
the losses which it may have sustained. And, in addition to this, he
shall be deprived of his office of steward, and the law grants a right
of action to the holy church not only against the stewards themselves,
but also against their successors, whether the latter have made the
alienation without the opposition of the bishop in office at the time,
or of that of any of the other clergy, whether they were aware of it
and consented, or remained silent and suffered it to take place, for
they are much more reprehensible if they gave their consent, and knowingly
permitted such a thing to be done without preventing it. It also punishes
with perpetual exile the notary who drew up the documents, and refuses
him clemency or permission to return; and any judges who consent to
the alienation, and preside in cases of this kind, or who permit such
donations or alienations to be made, it directs shall be deprived of
their insignia, their offices, and their estates. Although this law
strictly forbids the alienation of church property, it, nevertheless,
allows the use of the same, which is called usufruct, for a certain
time, or even during the life of the person who obtains it, when this
is granted by the Most Holy Principal Church, under the restriction
that the recipient of this favor shall give to the Most Holy Principal
Church a certain portion of the property by way of compensation, from
which the Most Holy Church can have the same income as he obtains from
the use of said property; and, after the death of the usufructuary,
or the expiration of the time prescribed for its enjoyment, the use
and usufruct of the ecclesiastical property which has been granted shall
revert to the Most Holy Principal Church, as well as the use and ownership
of what was given by way of compensation. The law prescribes that a
contract of this kind can be made without any risk. If, however, what
has been given by way of compensation should happen to be less than
what was transferred by the holy church, the law declares that the contract
shall be void, just as if it had never been entered into, and it grants
the right of recovery just as if the holy church had been defrauded. (1) These are, briefly stated, the provisions of the law, and where it imposes a fine, it only has reference to property belonging to the Most Holy Church of Constantinople; and while it disposes of all the fraudulent acts which We have mentioned, it still is not sufficient to restrain the efforts of persons intending to deceive. For, indeed, certain individuals have invented what is called leasehold titles, that is, where anyone received from the church a building whose value was, for instance, one hundred solidi, and which yielded an annual income of ten solidi, and he paid a hundred solidi more or less for the same, and agreed to pay every year out of his own property three solidi by way of rent, he was called parcecus; and, in consideration of this small payment, he became the possessor of the property, along with his heirs, in perpetuity. This right was not known to any of Our laws, or recognized by any emperor; and, by means of it, those who invented it could commit great frauds against the law, and make almost constant alienations, which We forbid to be done hereafter, and have promulgated the present law for this very purpose. Those having charge of the administration of the property of said church formerly had recourse to emphyteusis, and by this means, obtained the greater part of the revenues of the same. For this reason We, by means of one of Our preceding constitutions, have limited the duration of emphyteusis to the lives of three persons, that is to say, to that of the one who makes the contract, and his two immediate successors; and We permitted this to be done with reference to the property of the Most Holy Principal Church, but did not allow more than a sixth part of the income obtained under emphyteusis to be collected where unforeseen events occur. We have, however, learned that documents often have been impiously executed by certain persons under which a sixth part was left to the holy church, and all the rest of the property was given in emphyteusis. When Anastasius, of pious memory, decreed that rules should be drawn up with reference to emphyteutical alienations, in order that the time of possession might be determined, and decided that an irregular emphyteusis should last until the death of the emphyteuta, and that where it was regular, it should be perpetual, he enacted a law which was useless and imperfect in every respect, and which, as We have already stated, was only effective within the Patriarchal See of Constantinople. |
CHAPTER
I. CONCERNING THE PROHIBITION OF ALIENATING PROPERTY BELONGING TO RELIGIOUS HOUSES. |
Hence
We decree (for it is now time to come to the provisions of the law)
that the Holy Principal Church of Our Most Fortunate City, or any of
those which are subject to its jurisdiction, and are maintained by it
(as provided by Anastasius, of pious memory), and any other churches
in this Most Fortunate City, or within its confines, which are subject
to the Patriarchal See, the archbishops of which obey its patriarch
or any other patriarch or bishop (We refer to those who reside in the
East, in Illyria, in Egypt, in Lycaonia, and in Lycia, together with
those who are in the province of Africa, and all who are distributed
throughout Our entire dominions, including the bishops of the West,
from Rome even to the ocean, who have charge of the holy orthodox churches),
as well as superintendents of hospitals, orphan asylums, infirmaries
for the poor, abbots and abbesses of monasteries, and presidents of
sacred colleges, shall not be permitted to alienate any immovable property,
whether it consists of buildings, fields, gardens or anything of this
kind, rustic slaves, and grain provided by the State, or deliver it
under a special contract to creditors by way of pledge. We
accept the term alienation in its general sense, and hence forbid the
sale, donation, and exchange of property, as well as perpetual emphyteusis,
which does not differ greatly from alienation. We forbid all ecclesiastics,
everywhere, from making transfers of this kind under the penalties prescribed
by the Constitution of Leo, of pious memory. We decree that this law
shall be valid, and hereby ratify it, and, for this reason, We have
proposed and proclaimed it, and have caused it to be written, not in
Latin but in Greek, in order that it may become familiar to all, and
its interpretation be facilitated. We leave any alienations which have
already taken place in their present condition, for where so many documents
have been executed for a long time, interference with them at present
must result in much confusion. Hence, those which have existed up to
this time shall remain in full force, but, for the future, We prohibit
all alienations under the penalties previously imposed. |
CHAPTER
II. CONCERNING THE GIFT OF IMMOVABLE PROPERTY TO A RELIGIOUS HOUSE BY THE EMPEROR. |
In
order that the laws based upon the instability of human nature and events
which frequently occur may always remain unaltered (for how can anything
be so permanent and immovable among men that it cannot suffer any change,
when our entire life is in constant movement?), We have deemed it necessary
to formulate some exceptions to the laws, which, being applied with
reflection and care, may prove beneficial by preventing their operation. (1) Therefore We authorize the government, when it is for the common welfare and the general advantage of the State, to obtain possession of any immovable property belonging to churches, religious houses, or associations, where others of equal or even of greater value than what was received is transferred by way of compensation. What excuse can the Emperor have to avoid furnishing greater indemnity? For God has given him possession of enormous wealth, and has made him the ruler of many subjects, and has rendered it easy for him, above all, to give to the holy churches, towards which one cannot be too liberal. Wherefore, if such a thing should take place, the transfer shall be valid, provided it is preceded by a pragmatic sanction authorizing the government to transfer property in compensation, where compensation is provided by reason of the gift of better and more productive immovable property; and those who have charge of the religious establishments whose property is alienated, and the notaries who drew up the contracts, shall everywhere be exempt from blame, and shall not be apprehensive of the penalties prescribed by Leo, of pious memory, and which have been confirmed by Us, since the priesthood and the Empire differ greatly from one another, as sacred things do from those which are common and public, and the abundance enjoyed by the churches is continually derived from the munificence of the Emperors. Hence, where compensation is given by either party, neither can legally be blamed by anyone; but, on the other hand, We expressly prohibit every other sale, donation, exchange, or emphyteusis, whether made by the government or any other person whomsoever. Nor do We permit the donation of any real property by way of pledge for the purpose of securing a loan. We desire this law to be observed by every church, monastery, hospital, house of refuge, hermitage, convent, infirmary for the poor, and all other establishments founded under religious auspices, for no one can legally acquire any property from them. Therefore the constitution of Anastasius of divine memory shall hereafter be of no force or effect, and no law shall be enacted for the purpose of renewing it, nor shall its provisions be cited, as they are all hereby annulled. |
CHAPTER
III. UNDER WHAT CIRCUMSTANCES THE EMPHYTEUSIS OF ECCLESIASTICAL PROPERTY MAY BE PERMITTED. |
We
authorize the Most Holy Principal Church, and all other religious foundations,
to lease their property by emphyteusis, provided that the duration of
the lease is limited to the life of the emphyteuta, and two of his heirs,
that is to say, his children and grandchildren, both male and female;
and the said property will revert either to the husband or the wife,
if this has been expressly stated in the contract; otherwise, it will
not pass to any other heirs, but will be confined solely to the lives
of those who received it, when they have neither children nor grandchildren.
We, by no means, allow real property belonging to churches or hospitals,
or even rustic slaves or supplies of grain to be leased, and We do not
permit an alienation made contrary to these provisions to have any force. (1) The Constitution of Leo, of pious memory, permitted ecclesiastical property to be leased by emphyteusis, where this was done without any loss, but We have decreed in another constitution promulgated by Us that a sixth part of the income should be given to him who took the emphyteusis; and thus We establish a certain rule of diminution, so that the rent of the property leased may be ascertained with truth and accuracy from the beginning, when it was acquired by the holy church and the emphyteusis was granted to the persons whom We have mentioned; for then We concede it to them, scrupulously reserving the sixth part of what they paid. Where, however, the amount is diminished through some accident, or the whole of it is lost, a new rate should be established for the person desiring to lease the property; or, indeed, none at all shall be made where it is decided to be more advantageous to lease it in some other way than to subject it to an excessive diminution of the rent under emphyteusis. When suburban ecclesiastical property is leased under emphyteusis — which We have ascertained is, in many instances, done in this Most Fortunate City at a high price — and it yields but very little rent, or even none at all, We do not wish the rental to be regulated by the income, but that a just appraisement shall be made of the land, adopting as a standard the income collected for twenty years, and that the rate under emphyteusis shall be based on this appraisement; but We repeat that this must not be done in perpetuity, but only during the lifetime of the person who receives the property, and that of two of his successors; but it will also be revertible to either the husband or the wife, as We have already stated. (2) It is proper that emphyteutas should be notified that if they do not pay the rent for two consecutive years (for the term of three years is established in the case of other emphyteutas, but We have decided two will be sufficient where ecclesiastical lands are leased), they shall be deprived of the emphyteusis, and the officials in charge of the religious houses shall be permitted to resume possession of them without being liable on account of any improvements which may have been made. But if the emphyteuta has caused any deterioration of the land or suburban property, he can be compelled to thoroughly restore it to its former condition, at his own expense; and he, together with his heirs, will be obliged to return the said property, with all the income from it which may be due, without delay. It has already been stated by Us that no alienation of real property belonging either to a church or a hospital can take place, and this prohibition has reference to every person in the Empire, and applies not only to houses, suburban lands, gardens, fields, and buildings ruined by fire, earthquakes, or any other calamity, as well as to such as are entirely destroyed and levelled with the ground, whether enough materials remain for their reconstruction or not, for We only permit them to be alienated by means of temporary emphyteusis, in accordance with what has already been stated, and to the three persons whom We have previously mentioned. In order that no fraud may be committed with reference to ecclesiastical property under such circumstances, an examination shall take place, when said property is in this city, in the presence of two master mechanics or architects, together with ecclesiastical stewards, five reverend priests, two deacons, and the bishop of the diocese; but where the property is situated in a province, this shall be done in the presence of two master mechanics or architects, or of one (if there are no more in the town), who shall assemble on the ground, and decide under oath on the Holy Gospels how much should be paid to the church under emphyteusis, and an emphyteutical contract may be drawn up in accordance with what has previously been prescribed. The emphyteuta can then erect buildings with the materials, if there are any, and transmit the emphyteusis to two of his successors (as has already been stated), and, after the death of the three persons aforesaid, the property shall revert to the holy church or the venerable religious house by whom the emphyteusis was executed ; and a contract of this kind shall be valid, provided it is not in contravention of the terms of the present law. (3) The various pretexts which have, up to the present time, been employed to prevent the termination of contracts of this description, shall no longer be permitted; and where the term of the two heirs has expired, permission is hereby given to those who succeed them to lease the property by emphyteusis; and they, in their turn, shall be allowed to transfer it to others. By resorting to such fraudulent methods, the consequence is that the emphyteusis always remains under the control of the same persons, and the church is deprived of its right to the property. Where anything of this kind takes place, the reverend stewards are not obliged to transfer the property to others after the death of the two heirs of the emphyteuta. |
CHAPTER
IV. IN WHAT WAY THE USUFRUCT OF PROPERTY BELONGING TO THE CHURCH IS CREATED. |
If
anyone should desire to enjoy the use or usufruct of property belonging
to the Holy Principal Church, or to any other church whatsoever situated
in Our dominions, or which belongs to a hospital, he can obtain it by
observing the rules which have been already laid down, and by complying
with the provisions of the Constitution of Leo, of pious memory, which
requires that the usufructuary shall be a man of means, and the owner
of land, and shall give to the holy church or the religious house, by
way of compensation, some other property yielding at the same times
a revenue of equal amount and of the same character. This should be
done in order that, after the death of the usufructuary, the property
belonging to the church or hospital may revert to it, together with
the use which was bestowed, and may not be extended beyond the lifetime
of the person who acquired it. On the other hand, the usufructuary shall,
until his death or for the time agreed upon, enjoy the usufruct of the
property which he is given by way of compensation, and after the termination
of the usufruct, the ownership and the use of the two pieces of property
aforesaid will absolutely belong to the holy church. |
CHAPTER
V. TO WHAT PENALTIES PERSONS WHO ALIENATE ECCLESIASTICAL PROPERTY ARE LIABLE. |
While
the Constitution of Leo, of pious memory, only prescribed a penalty
for the sale of ecclesiastical property, We, on the other hand, forbid
not only the sale but also the donation, exchange, perpetual lease under
emphyteusis, and pledge of real estate; for We are aware that there
are certain persons who love to take risks, and make a practice of defrauding
the laws, and of doing things which are absolutely prohibited and render
those guilty of such conduct liable to capital punishment, hence We
have considered it necessary to affix a certain penalty to every contract,
and those penalties which were provided for unfaithful stewards by the
aforesaid Constitution of Leo, of pious memory, We decree shall also
be applicable to all in charge of houses for the accommodation of travellers,
hospitals, and orphan asylums, as well as to abbots and abbesses of
monasteries and convents, in accordance with what has been previously
established. Therefore, if anyone should presume to buy property belonging
to either a church or a hospital, he shall lose the purchase-money,
and be deprived of whatever he acquired, together with all its income
in the meantime; and he shall be entitled to no right of action against
the said church or religious house, but he can sue the stewards or other
officials who sold him the property, and recover damages out of what
personally belongs to them, so that if they are not deterred by the
fear of God from engaging in transactions of this kind, the apprehension
of losing their own property may prevent them from doing so. (1) If anyone should presume to accept as a donation anything belonging to a church or a hospital, he shall, by all means, lose what was given, and shall surrender to the said holy church or venerable religious house a portion of his own property equal to that which he received, so that he may realize the wickedness of his conduct in violating this law by suffering the loss of his private fortune. (2) If any exchange should be made by persons except where the transfer of public lands is involved, as We have previously stated, he who assented to the exchange shall be liable to the penalty, shall lose what he received, which shall revert to the venerable religious house from which it was taken, and whatever was given by way of compensation shall also be acquired by it. He who is guilty of thus violating the law shall thus be deprived of both, and be punished by the loss of his own property as well as of that which he expected to gain; but, in this instance, a right of action will lie against those who made the contract with him. |
CHAPTER
VI. IT IS LAWFUL TO ENCUMBER ECCLESIASTICAL PROPERTY BY A GENERAL BUT NOT BY SPECIAL HYPOTHECATION. |
Where
a creditor chooses to take security for money loaned on immovables belonging
to a church or hospital, which consist of buildings, suburban lands,
fields, gardens, supplies of grain, or rustic slaves, he shall be deprived
of such property, and the holy church which received the money shall
keep it. In this case, however, the creditor will be entitled to bring
suit against the steward, the official in charge of the hospital or
the orphan asylum, the superior of the convent or monastery, or the
superintendent of any other religious house responsible for the transaction,
and he can also proceed against the abbesses of convents. (1) Where, however, holy churches or other religious houses, are compelled to borrow money — and this is so necessary that if it is not borrowed they cannot comply with their contracts — or there is any other good cause to induce them to do this, it will be lawful to have recourse to a general hypothecation, but no special pledge of property can be given to creditors. |
CHAPTER
VII. TO WHAT PENALTIES THOSE WHO MAKE A PERPETUAL EMPHYTEUTICAL CONTRACT ARE LIABLE. |
If,
however, anyone should, in violation of the provisions of this Our law,
presume to take either a perpetual or a temporary lease under an emphyteutical
contract, he will lose the land in question, as well as what he paid
for it, which shall be forfeited to the religious house. He will also
be required to pay the rent for which he bound himself, just as if he
had made a legal contract, and he will obtain no benefit from the property
of the poor which was uselessly transferred to him under the emphyteusis. (1) All these provisions shall be observed, subject to the abovementioned penalties, and notaries, even though relying upon Imperial authority, must be careful not to draw up any instruments with reference to such contracts, but shall have the fear of exile before their eyes, with the understanding that they never will return; nor shall judges venture to authorize the execution of any false documents, or perform any act for the purpose of confirming those which already have been executed, under the penalty of being deprived of their insignia of office, their rank, and their property, in accordance with the Constitution of Leo. |
CHAPTER
VIII. CONCERNING THE PROHIBITION OF ALIENATING SACRED UTENSILS. |
The
same punishment shall be inflicted upon those who, in violation of Our
law, either pledge, sell, or melt for the purpose of alienation, any
sacred vessels, for We think that they who presume to commit an impious
act with reference to sacred utensils consecrated to God should be punished
with the same, or even with a greater penalty. Still, an exception may
be made in the case which We have mentioned regarding the redemption
of captives, where the souls of men are released from death and chains
by the sale of inanimate vessels. The same rule applies (as We have
frequently stated) to the alienation of public supplies of grain, as
We have ascertained that such supplies exist not only in this Most Fortunate
City, but also at Alexandria as well as at Theopolis, and also, perhaps,
in other provinces. Whenever this is the case elsewhere, the present
law is applicable and shall be observed. |
CHAPTER
IX. CONCERNING HIM WHO PURCHASES THE PROPERTY OF THE CHURCH BY VIRTUE OF A PRAGMATIC SANCTION. |
For
the reason that it is probable that someone, for the purpose of evading
this law, may attempt to obtain from Us a pragmatic sanction authorizing
the purchase of ecclesiastical property, We hereby prohibit everyone,
of whatever rank or political station, or those immediately attached
to Our service, or anyone residing among the people, from doing anything
of this kind; and We decree that it shall, under no circumstances, be
lawful to produce a pragmatic sanction for the purpose of acquiring
immovable property belonging to churches, monasteries, convents, or
any other religious establishments. The Quaestor who authorizes such
a transaction will be liable to a fine of a hundred pounds of gold.
Judges or other magistrates who sanction it will be liable to the same
penalty; notaries who have drawn up the agreements shall be punished
in accordance with the Constitution of Leo, of pious memory; and bishops
and stewards who can refuse to obey any pragmatic sanction of this description
shall forfeit the priesthood, if they accept it and allow it to be executed,
and ignoring these laws, they comply with the terms of the pragmatic
sanction. (1) It is necessary for laws which are promulgated for the common and general welfare of all to be of more force than those enacted for the benefit of individuals to the prejudice of such as are of general application. It is for this reason that a special enactment for the purpose of leasing or transferring ecclesiastical property by emphyteusis has been deemed necessary. |
CHAPTER
X. CONCERNING OFFICIALS WHO ALIENATE PROPERTY BELONGING TO THE CHURCH. |
Stewards,
or other ecclesiastical officials who are entrusted with the management
of church property, cannot be compelled under a pragmatic sanction,
by persons who are in authority, to lease or transfer by emphyteusis
the said property to anyone who has obtained the pragmatic sanction;
and anyone who does so will not only render himself liable to the penalty
for sacrilege, but will also be subjected to all the fines and other
punishments enumerated in this Our law. |
CHAPTER
XI. CONCERNING THE PROHIBITION OF ALIENATING MONASTERIES. |
We
have ascertained that unusually flagrant violations of the law have
been committed by the people of Alexandria and other Egyptians, as well
as in other places in the Empire, and that persons do not hesitate to
sell the monasteries themselves, or exchange them for other property,
or give them away (a place is monastic in which an altar has been erected
and religious service is performed, as is customary in churches, -or
where the Scriptures are read, or the holy and ineffable communion is
administered), so that these buildings consecrated to God are transferred
to private ownership and uses; hence We absolutely prohibit this to
take place in the future, permitting no one to violate this law, and
We declare that everything done in contravention of the same shall be
invalid. We impose the forfeiture of the purchase-money upon those who
receive the property, the vendor shall lose what he sold, and both the
property and the purchase-money shall belong to the church of the diocese
and the monastery. By this means it is provided that whatever has been
alienated fraudulently shall be returned to the monastery, and that
no hypothecation of the property shall be of any force or effect, but
shall be void, and the property itself be restored to the monastery
to which it belongs. |
CHAPTER
XII. WHERE A STERILE FIELD COMES INTO THE POSSESSION OF A CHURCH. |
As
We forbid injurious alienations to be made, so also We prohibit the
acquisition of property which is unprofitable. For many questions have
been submitted to Us in cases where persons have bestowed worthless
lands upon a church or other religious house, or have sold such lands
as being valuable, when this was not the case, as they were barren in
the beginning, and, on this account, the religious house suffered a
loss. Hence We forbid officials in charge of religious establishments
to do anything of this kind, and We require them to inform themselves
absolutely concerning the property in question; for if they do not use
every effort to this end, when a contract is made and property which
is either sterile or injurious is transferred to a church, a monastery,
a hospital, or any other religious foundation, the contract shall be
void, and he who fraudulently alienated the property shall take it back,
and the steward, abbot, or official in charge of the said religious
house or orphan asylum shall be personally liable for the loss resulting
from the transaction. If, however, the agreement was of such a nature
that money was given along with the property, it shall belong to the
religious house, and he who paid it will be entitled to an action against
the official who made the contract, as We have previously stated. |
EPILOGUE. |
This
law shall, by all means, be observed with reference to the alienation
of property belonging to churches or other religious foundations, in
accordance with the terms of the Constitution of Leo of pious memory,
and if it provides for nothing else, it still neglects nothing on this
subject, and shall apply to all the provinces governed by Roman law
and subject to the authority of the Catholic Church, and must be perpetually
observed and executed by the patriarchs of every diocese as well as
by the metropolitans, bishops, priests, stewards, abbots, and superintendents
of hospitals, orphan asylums and all other similar religious institutions,
and be maintained by them in all its force; and everyone is authorized
to denounce those who violate it, or fail to observe its provisions.
For anyone who does this is worthy of praise, as he does not merit the
name of a false accuser who exposes any violation of the laws, for he
performs a pious action and one which is beneficial to all religious
houses. All judges throughout Our Empire, no matter what
their rank, or whether they are in the civil or military service, shall
see that this law is enforced; this especially applies to the most glorious
praetorian prefects throughout all the dioceses, as well as to those
invested with less important jurisdiction, who are designated spectabiles,
for We include the Augustal proconsular and spectabile Counts
and other officials of the East, and the magistrates who are inferior
to them — that is, those of consular rank or the Governors of provinces
— as well as the defenders of cities. All persons in civil, military
and public employments are required to observe this Our law, for the
promotion of the public welfare and the increase of the piety of the
entire country; and those who violate it shall be liable to the penalties
which We have previously enumerated. We hereby confirm whatever has
been enacted in former chapters, or by Our predecessors, with reference
to the leasing of ecclesiastical property, and it shall remain inviolate;
nor shall any innovation take place with reference to this Our present
Constitution, for We authorize the preservation of the provisions in
other laws when they conform to this one which We have promulgated,
as it has greater scope than that enacted by Leo of pious memory, and
is sufficient to remove every pretext for the alienation of property
belonging to the Church. Your Holiness, as well as those who may succeed
you in the Pontifical See, will take measures to carry into effect the
provisions which have been enacted by Us. May the Lord preserve you
for many years, most Holy and Religious Father.
|
Given at Constantinople, on the seventeenth of the Kalends of May, during the Consulate of Belisarius. |
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