THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ IX ~ |
THE ROMAN CHURCH SHALL ENJOY THE PRESCRIPTION OF A HUNDRED YEARS. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Most Blessed and Holy Archbishop and Patriarch of Ancient Rome. |
No
one is ignorant of the fact that, in ancient Rome, legislation originally
emanated from the head of the Pontificate. Hence We now deem it necessary
to impose upon Ourselves the duty of showing that We are the source
of both secular and ecclesiastical jurisprudence by promulgating a law
consecrated to the honor of God, which shall be applicable not only
to this city but to all Catholic Churches everywhere, and exert its
salutary vigor over them as far as the Ocean, so that the entire West
as well as the East, where possessions belonging to Our churches are
to be found, or may hereafter be acquired by them, shall enjoy its advantages.
The ancient law permitted temporary exceptions to be filed within thirty
years, and, where an hypothecation existed, it granted a slightly longer
time; but We do not consent for the rights of the holy churches to be
affected by such a restriction — especially in matters through which
they may sustain injury, or where something is due to them — but We
decree that an exception can be pleaded against them only after the
lapse of a hundred years; that all ecclesiastical privileges shall remain
intact during the aforesaid term; and that, as aforesaid, no exception
will be available in opposition to them until after the expiration of
a century, as this is considered to be the utmost term of human life.
Therefore Your Holiness will extend the benefit of this law to the Catholic
Churches of the entire East; and to those parts of the West in which
they have any possessions, so that the protection of Divine property
may be an act worthy of Omnipotent God, and wicked men will no longer
be secure in the perpetration of wrong, and the means of committing
sin will be taken from them; but anyone who is innocent shall not be
molested where his rights are not based upon some false allegation dependent
upon lapse of time. This Our law, enacted in honor of Omnipotent God
and the venerable See of the Apostle Peter, shall be observed in all
lands of the entire West, and be applicable to the most distant islands
of the Ocean; and Our solicitude for the subjects of Our Empire induces
Us to declare it to be perpetual. Returning to the privileges granted
by this law (as has been stated above) We desire that it shall be observed
not only in the Western provinces subject to the Roman Church, but also
in the East where are situated any possessions of the said Church, or
which the latter may hereafter acquire; that is to say, that it must
be observed by all superior and inferior magistrates who are Christians
and profess the orthodox faith, or may hereafter do so, under the penalty
of being subjected to celestial punishment, and of being liable to a
fine of fifty pounds of gold. This law shall not only be applicable
to cases which may hereafter arise, but also to such as are at present
pending in court. |
EPILOGUE. |
As
soon as Your Holiness has received the present law, which We have dedicated
to God, you will place it among the sacred utensils; and We shall see
that it is executed, and that all ecclesiastical possessions remain
inviolate. |
Given at Constantinople, on the sixth of the Kalends of May, during the Consulate of Belisarius. |
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