THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  IX  ~
THE ROMAN CHURCH SHALL ENJOY THE PRESCRIPTION OF A HUNDRED YEARS.



 
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.