Justinian's Codex

FIRST PREFACE. CONCERNING THE ESTABLISHMENT OF A NEW CODE.
 

The Emperor Justinian to the Senate of the City of Constantinople. Those things which seem to many former Emperors to require correction, but which none of them ventured to carry into effect, We have decided to accomplish at the present time with the assistance of Almighty God; and to diminish litigation by the revision of the multitude of constitutions which are contained in the Three Codes; namely, the Gregorian, the Hermogenian, and the Theodosian, as well as in those other Codes promulgated after them by Theodosius of Divine Memory, and by other Emperors, who succeeded him, in addition to those which We Ourselves have promulgated, and to combine them in a single Code, under Our auspicious name, in which compilation should be included not only the constitutions of the three above-mentioned Codes, but also such new ones as subsequently have been promulgated.
 

(1) Therefore, having in view the accomplishment of this extensive work, as well as the maintenance of the public welfare, We have chosen, as being competent for a task involving such labor and care, John, a most eminent man, Ex-Quæstor of our Sacred Palace, and of consular, as well as patrician dignity; Leontius, a man of the highest standing, an officer in the army, an Ex-Prætorian Prefect, of consular and patrician dignity; Phocas, a most illustrious man, an officer of the army, also of consular and patrician dignity; Basilis, a most excellent man, Ex-Prætorian Prefect of the East, and of patrician rank; Thomas, a most glorious man, Quæstor of our Sacred Palace, and Ex-Consul; Tribonian, a distinguished man of great authority, and invested with magisterial dignity; Constantine, an illustrious man, one of the Stewards of Our bounty, Master of Requests, and of Our Judicial Inquiries; Theophilus, a most eminent man, and one of the members of our Sacred Consistory, a Doctor of Laws in this Fair City; and Dioscorous and Præsentinus, most learned jurists of the Prætorian Tribunal.
 

(2) To these We have especially entrusted the suppression of superfluous preambles, so far as this can be done without affecting the efficacy of the laws, as well as of such enactments as are similar or contradictory, and, in addition to this, the division of the laws; and it will be to the advantage to omit such as have fallen into desuetude, to give expression in concise terms to those which are included in the said three Codes, and in the New Constitutions, and to place them under suitable titles, adding and omitting portions of the same, and, indeed, changing their phraseology where convenience requires it.
 

bringing under one head enactments which are scattered through various constitutions, and rendering their meaning clearer; so that the order of the said constitutions may appear not only from the days and the consulate when they were enacted, but also from their composition itself, by placing those primarily published in the first place, and those which follow in the second. And if any laws should be found in the three ancient codes without the date and the name of the consul, or if any new constitutions have been inserted among them, they should be so arranged that no doubt may arise with reference to their general application, in such a way that rescripts addressed to certain individuals, or originally issued by pragmatic sanction, may obtain the effect of general constitutions, where, for the public welfare, they have been included in a new code.
 

(3) Hence We have hastened to bring these matters to your notice, in order that you may be informed to what an extent Our daily care is occupied with matters having reference to the common welfare, by collecting such laws as are certain and clear, and incorporating them into a single code, so that, by means of this code, designated by Our auspicious name, the citation of the various constitutions may cause decisions to be more readily rendered in all litigation.
 

Given at Constantinople, on the Ides of February, during the reign and second Consulship of the Emperor Justinian.
 

SECOND PREFACE.
 

CONCERNING THE CONFIRMATION OF THE CODE OF JUSTINIAN.
 

The maintenance of the integrity of the government depends upon two things, namely, the force of arms and the observance of the laws: and, for this reason, the fortunate race of the Romans obtained power and precedence over all other nations in former times, and will do so forever, if God should be propitious; since each of these has ever required the aid of the other, for, as military affairs are rendered secure by the laws, so also are the laws preserved by force of arms. Therefore, We have, with reason, directed Our attention, Our aims, and Our labors, in the first place, to the maintenance of the public welfare, and have corrected matters relating to the army in many ways, and thus provided for everything; as We have by means of old laws not only brought matters into a better condition, but We also have promulgated new laws, and by Our just administration, or with additional expense, We have preserved those already enacted, and afterwards by publishing new ones, have established them most firmly for the obedience of Our subjects.
 

(1) But as it was necessary to reduce the vast number of the constitutions contained in the three old codes, as well in the others compiled in former times, and to clear up their obscurity by means of proper definitions, We have applied Ourselves with willing mind to the accomplishment of this work for the common good; and, after having
 

selected men conspicuous for their legal learning and ability, as well as for their experience in business, and tireless zeal for the interests of the State, We have committed this great task to them under certain limitations, and have directed them to collect into a single code, to be designated by Our auspicious name, the constitutions of the three ancient codes, namely the Gregorian, Hermogenian, and Theodosian compilations, as well as all those subsequently promulgated by Theodosius of Divine Memory, and the other princes who have succeeded him; together with such constitutions as have been issued during Our reign; and to see that any preambles which are not confirmed by subsequent decrees, and any constitutions which are contradictory, or should be suppressed, as well as such as have been repealed by others of later date, or which are of the same character — except those which, by conferring upon them Our sanction to a certain extent, We have considered to be susceptible of division, and by such division of these ancient laws some new principle may appear to arise.
 

In addition to all this, many other matters relative to the composition of this Code have been placed by Our authority in the hands of these most wise men; and Almighty God has afforded this protection through Our zeal for the welfare of the State.
 

(2) The following persons have been chosen for this work, and the completion of a task of such importance, namely: that most excellent man, John, Ex-Quæstor of Our Palace, and of consular and patrician dignity; as well as that most eminent man, Leontius, Ex-Prætorian Prefect, of consular and patrician dignity; and also the most distinguished Phocas, officer of the army, also of consular and patrician dignity; and that most accomplished man of patrician dignity, Basilis, Ex-Prætorian Prefect of the East, now Prætorian Prefect of Illyria; also, the most illustrious Thomas, Quæstor of our Sacred Palace and Ex-Consul; and the eminent Tribonian, of exalted magisterial dignity; the distinguished Constantine, Steward of Our Imperial Largesses, Master of Requests, and of Judicial Inquiries; Theophilus, former magistrate and Doctor of Laws in this Fair City; as well as those most learned jurists, Dioscorus and Præsentinus, members of your bar; and all that We have directed them to do, they with God's assistance have, through assiduous and untiring industry, brought to a successful conclusion, and offered to Us this new, systematically arranged Justinian Code, compiled in such a manner as to contribute to the common benefit, and meet the requirements of Our Empire.
 

(3) Therefore We have had in view the perpetual validity of this Code in your tribunal, in order that all litigants, as well as the most accomplished advocates, may know that it is lawful for them, under no circumstances, to cite constitutions from the three ancient codes, of which mention has just been made, or from those which at the present time are styled the New Constitutions, in any judicial inquiry or contest; but that they are required to use only the constitutions which are included in this Our Code, and that those who venture to act otherwise will be liable to the crime of forgery; as the citation
 

of the said constitutions of Our Code, with the opinions of the ancient interpreters of the law, will be sufficient for the disposal of all cases. No doubt as to their validity should arise where any of them appears without a date and without the name of the consul, or because they may have been addressed to certain private individuals; as there can be no question whatever that all have the force of general constitutions; and even if there should be some of them from which anything has been taken, or to which anything has been added, or which have been changed in certain respects (which We have specially permitted the most excellent men aforesaid to do), We grant to no one the right to cite the said constitutions, as they are stated in the books of the ancient authorities, but merely to mention the opinions of the latter, as being of legal effect when they are not opposed to the constitutions of this Our Code.
 

(4) Moreover, the pragmatic sanctions that are not included in Our Code, and which have been granted to cities, corporate bodies, bureaus, offices, or private individuals, shall remain in every respect valid, if they concede any privilege as a special favor; but where they have been promulgated for the settlement of some legal point We direct that they shall only hold when not opposed to the provisions of Our Code. But in any matter which comes before your tribunal, or in any other civil or military proceeding, or in one which has reference to accounts forming part of the public expenses, or in such as have any relation to the public welfare, We decree that they shall remain valid as far as public convenience may require this to be done.
 

(5) Therefore let your illustrious and sublime authority, actuated by a desire for the common good, and with zeal for the execution of Our orders, cause information of this Code to be communicated to all peoples, by the promulgation of an edict in the customary way, and by sending into each province, subject to Our Empire, a copy bearing Our signature, so that in this manner the constitutions of this Our Code may be brought to the knowledge of all persons; and that during festival days, that is to say, from the sixteenth day of the Kalends of May of the seventh current indiction, and during the consulate of that most illustrious man Decius, citations of the constitutions shall be made from this Our Code.
 

Given at Constantinople, on the sixth of the Ides of April, during the Consulate of the illustrious Decius.
 

THIRD PREFACE.
 

CONCERNING THE AMENDMENTS OF THE CODE OP OUR LORD JUSTINIAN, AND THE SECOND EDITION OF THE
 

SAME.
 

Our heart, Conscript Fathers, always induces Us to pay the strictest attention to matters concerning the public welfare, so that nothing which has been begun by Us may be left imperfect. Therefore, in the beginning of Our reign, we formed the design of collecting in a single
 

body the Imperial Constitutions which were scattered through several volumes, and the most of which were either repetitions or conflicting, and free them from every defect. This work has now been perfected by certain most distinguished and learned men, and has been subsequently confirmed by Us, as is shown by Our two Constitutions prefixed hereto.
 

(1) But after We decreed that the ancient law should be observed, We rendered fifty decisions, and promulgated several constitutions relative to the advantages to be derived from the proposed work, by means of which the majority of the former enactments were amended and abridged; and We divested all the ancient law of superfluous prolixity, and then inserted the same in Our Institutes and Digest.
 

(2) But, as Our new decisions and constitutions, which were promulgated after the completion of Our Code, were distinct from the body of the same, and seemed to demand our care and attention, and as some of them, which were afterwards inserted, appeared to require alteration or correction, it seemed to Us necessary to have the said constitutions revised by that eminent man Tribonian, Ex-Quæstor and Ex-Consul, the authorized minister of our work; and also by the illustrious Dorotheus, Quæstor and Doctor of Laws of Berytus; and, in addition to these Menna, Constantine, and John, most eloquent men, and distinguished advocates of the bar of this City, who were ordered to divide said constitutions into separate chapters for the purpose of rendering them more available; to place them under proper titles; and to add them to those constitutions which had preceded them.
 

, (3) We permitted the aforesaid distinguished and most learned jurists to do all these things, and when there was need of any correction, allowed them to make it without hesitation, relying upon Our authority; and where any of the constitutions were superfluous, or had been annulled by any of Our subsequent decrees; or where they were found to be similar or conflicting, to remove and separate them from the compilation of the Code itself; as well as to complete such as were imperfect, and to bring to light those that were shrouded in obscurity, so that not only the way of the Institutes and the Digest might appear clear and open, but also that the splendor of the Constitutions of Our Code might be manifest to all, and no constitution which resembled another, or was contradictory or useless, should be retained, and no one should have any doubt that what was confirmed by the revision was both valid and sufficiently perspicuous. For, in the ancient Books, the authorities of former times not only called the first, but also the second editions, revisions; which can be readily ascertained from the works of that eminent jurist Ulpianus, on Sabinus, by those who desire to know.
 

(4) These things having been accomplished according to Our intention, and the Justinian Code having been purified and elucidated by the aforesaid most illustrious and learned men (all of this having been done in compliance with Our order, and the work offered to Us with its amplifications, and changes), We ordered that it should be copied in accordance with the second edition, and not in accordance
 

with the first, but as it was revised; and, by Our authority, We directed that it alone should be used in all tribunals, whenever the Divine Constitutions were applicable, from the fourth day of the Kalends of January of the most auspicious Consulate of Ourself and that illustrious man Paulinus; and that no constitution not contained in this Our Code should be cited, unless in the course of events some new question may arise which requires Our decision. For, if something better should be found hereafter, and it becomes necessary to revise a constitution, no one will doubt that We should do so, and incorporate into another compilation those laws which are designated by the name New Constitutions.
 

(5) Therefore, having repeated Our order that We shall permit none hereafter to quote anything from Our decisions, or from other constitutions, which We have previously promulgated, or from the first edition of the Justinian Code; but that only what may be found written in this Our present purified and amended Code shall be regarded as authority, and cited in all tribunals, We have ordered it to be transcribed without any ambiguity, as was done in the case of Our Institutes and Digest, so that everything which has been compiled by Us shall be clear and intelligible, not only in the chirography, but also in the laws themselves, although on this account the matter contained in this Code has been considerably extended.
 

(6) Therefore, Most Reverend and Illustrious Fathers, in order that Our labors may become manifest to you and obtain authority through all time, We have presented this collection of laws to your most distinguished Order.
 

Given at Constantinople, on the seventeenth day of the Kalends of December, during the Consulate of Our Lord Justinian, for the fourth time Consul, and of Paulus.
 

THE CODE OF OUR LORD THE MOST SACRED EMPEROR JUSTINIAN.
 

SECOND EDITION. BOOK I.
 

TITLE I.
 

CONCERNING THE MOST EXALTED TRINITY AND THE
 

CATHOLIC FAITH, AND PROVIDING THAT No ONE
 

SHALL DARE TO PUBLICLY OPPOSE THEM.
 

1. The Emperors Gratian, Valentinian, and Theodosius to the people of the City of Constantinople.
 

We desire that all peoples subject to Our benign Empire shall live under the same religion that the Divine Peter, the Apostle, gave to the Romans, and which the said religion declares was introduced by himself, and which it is well known that the Pontiff Damasus, and Peter, Bishop of Alexandria, a man of apostolic sanctity, embraced; that is to say, in accordance with the rules of apostolic discipline and the evangelical doctrine, we should believe that the Father, Son, and Holy Spirit constitute a single Deity, endowed with equal majesty, and united in the Holy Trinity.
 

(1) We order all those who follow this law to assume the name of Catholic Christians, and considering others as demented and insane, We order that they shall bear the infamy of heresy; and when the Divine vengeance which they merit has been appeased, they shall afterwards be punished in accordance with Our resentment, which we have acquired from the judgment of Heaven.
 

Dated at Thessalonica, on the third of the Kalends of March, during the Consulate of Gratian, Consul for the fifth time, and Theodosius.
 

2. The Same Emperors to Eutropius, Prætorian Prefect.
 

Let no place be afforded to heretics for the conduct of their ceremonies, and let no occasion be offered for them to display the insanity of their obstinate minds. Let all persons know that if any privilege has been fraudulently obtained by means of any rescript whatsoever, by persons of this kind, it will not be valid. Let all bodies of heretics be prevented from holding unlawful assemblies, and let the name of the only and the greatest God be celebrated everywhere, and let the observance of the Nicene Creed, recently transmitted by Our ancestors, and firmly established by the testimony and practice of Divine Religion, always remain secure.
 

(1) Moreover, he who is an adherent of the Nicene Faith, and a true believer in the Catholic religion, should be understood to be one
 

who believes that Almighty God and Christ, the Son of God, are one person, God of God, Light of Light; and let no one, by rejection, dishonor the Holy Spirit, whom we expect, and have received from the Supreme Parent of all things, in whom the sentiment of a pure and undefiled faith flourishes, as well as the belief in the undivided substance of a Holy Trinity, which true believers indicate by the Greek word o9moo/usiov. These things, indeed, do not require further proof, and should be respected.
 

(2) Let those who do not accept these doctrines cease to apply the name of true religion to their fraudulent belief; and let them be branded with their open crimes, and, having been removed from the threshhold of all churches, be utterly excluded from them, as We forbid all heretics to hold unlawful assemblies within cities. If, however, any seditious outbreak should be attempted, We order them to be driven outside the walls of the City, with relentless violence, and We direct that all Catholic churches, throughout the entire world, shall be placed under the control of the orthodox bishops who have embraced the Nicene Creed.
 

Given at Constantinople, on the fourth of the Ides of January, under the Consulate of Flavius Eucharius and Flavius Syagrius.
 

3. The Emperor Martian to Palladius, Prætorian Prefect.
 

No one, whether he belongs to the clergy, the army, or to any other condition of men, shall, with a view to causing a tumult and giving occasion to treachery, attempt to discuss the Christian religion publicly in the presence of an assembled and listening crowd; for he commits an injury against the most reverend Synod who publicly contradicts what has once been decided and properly established; as those matters relative to the Christian Faith have been settled by the priests who met at Chalcedony by Our order, and are known to be in conformity with the apostolic explanations and conclusions of the three hundred and eight Holy Fathers assembled in Nicea, and the hundred and fifty who met in this Imperial City; for the violators of this law shall not go unpunished, because they not only oppose the true faith, but they also profane its venerated mysteries by engaging in contests of this kind with Jews and Pagans. Therefore, if any person who has ventured to publicly discuss religious matters is a member of the clergy, he shall be removed from his order; if he is a member of the army, he shall be degraded; and any others who are guilty of this offence, who are freemen, shall be banished from this most Sacred City, and shall be subjected to the punishment prescribed by law according to the power of the court; and if they are slaves, they shall undergo the severest penalty.
 

Given at Constantinople, on the eighth of the Ides of February, under the consulship of Patricius.
 

4. John, Bishop of the City of Rome, to his most Illustrious and Merciful Son Justinian.
 

Among the conspicuous reasons for praising your wisdom and gentleness, Most Christian of Emperors, and one which radiates light
 

as a star, is the fact that through love of the Faith, and actuated by zeal for charity, you, learned in ecclesiastical discipline, have preserved reverence for the See of Rome, and have subjected all things to its authority, and have given it unity. The following precept was communicated to its founder, that is to say, the first of the Apostles, by the mouth of the Lord, namely: "Feed my lambs."
 

This See is indeed the head of all churches, as the rules of the Fathers and the decrees of Emperors assert, and the words of your most reverend piety testify. It is therefore claimed that what the Scriptures state, namely, "By Me Kings reign, and the Powers dispense justice;" will be accomplished in you. For there is nothing which shines with a more brilliant lustre than genuine faith when displayed by a prince, since there is nothing which prevents destruction as true religion does, for as both of them have reference to the Author of Life and Light, they disperse darkness and prevent apostasy. Wherefore, Most Glorious of Princes, the Divine Power is implored by the prayers of all to preserve your piety in this ardor for the Faith, in this devotion of your mind, and in this zeal for true religion, without failure, during your entire existence. For we believe that this is for the benefit of the Holy Churches, as it was written, "The king rules with his lips," and again, "The heart of the King is in the hand of God, and it will incline to whatever side God wishes"; that is to say, that He may confirm your empire, and maintain your kingdoms for the peace of the Church and the unity of religion; guard their authority, and preserve him in that sublime tranquillity which is so grateful to him; and no small change is granted by the Divine Power through whose agency a divided church is not afflicted by any griefs or subject to any reproaches. For it is written, "A just king, who is upon his throne, has no reason to apprehend any misfortune."
 

We have received with all due respect the evidences of your serenity, through Hypatius and Demetrius, most holy men, my brothers and fellow-bishops, from whose statements we have learned that you have promulgated an Edict addressed to your faithful people, and dictated by your love of the Faith, for the purpose of overthrowing the designs of heretics, which is in accordance with the evangelical tenets, and which we have confirmed by our authority with the consent of our brethren and fellow bishops, for the reason that it is in conformity with the apostolic doctrine.
 

The following is the text of the letter of the Emperor Justinian, Victorious, Pious, Happy, Renowned, Triumphant, always Augustus, to John, Patriarch, and most Holy Archbishop of the fair City of Rome:
 

With honor to the Apostolic See, and to Your Holiness, which is, and always has been remembered in Our prayers, both now and formerly, and honoring your happiness, as is proper in the case of one who is considered as a father, We hasten to bring to the knowledge of Your Holiness everything relating to the condition of the Church, as We have always had the greatest desire to preserve the unity of your Apostolic See, and the condition of the Holy Churches of God, as they
 

exist at the present time, that they may remain without disturbance or opposition. Therefore, We have exerted Ourselves to unite all the priests of the East and subject them to the See of Your Holiness, and hence the questions which have at present arisen, although they are manifest and free from doubt, and, according to the doctrine of your Apostolic See, are constantly firmly observed and preached by all priests, We have still considered it necessary that they should be brought to the attention of Your Holiness. For we do not suffer anything which has reference to the state of the Church, even though what causes the difficulty may be clear and free from doubt, to be discussed without being brought to the notice of Your Holiness, because you are the head of all the Holy Churches, for We shall exert Ourselves in every way (as has already been stated), to increase the honor and authority of your See.
 

(1) Therefore, We present to Your Holiness the fact that certain infidels and persons who do not belong to the Holy Catholic and Apostolic Church of God have, like Jews and apostates, dared to dispute matters which are properly accepted, glorified, and preached by all priests in accordance with your doctrines, denying that Our Lord Jesus Christ is the only begotten Son of God, and that Our Lord was born of the Holy Spirit and of the Holy, Glorious, and always Virgin Mary, the Mother of God, and became a man and was crucified, and that he is one of the persons of the Holy Trinity, who are all of one substance, and who should be adored and exalted along with the Father and the Holy Spirit, and that he is consubstantial with the Father according to divinity, and consubstantial with ourselves according to humanity, and susceptible of. the sufferings of the flesh, but not susceptible of the same as a deity. For these persons refusing to acknowledge Our Lord Jesus Christ as the only begotten Son of God, and Our Lord as one of the Holy Trinity, and of the same substance with the other persons composing it, appear to follow the evil doctrine of Nestor, who asserts that there is one Son of God according to grace, whom he styles the Word of God, and another Son whom he calls Christ.
 

(2) All the priests of the Holy Catholic and Apostolic Church and the most Reverend Abbots of the Holy Monasteries, acknowledging Your Holiness, and solicitous for the prosperity and unity of the Holy Churches of God, which they receive from the Apostolic See of Your Holiness, making no changes in the ecclesiastical condition which has existed up to this time, and still exists; with one voice, confess, glorify, and preach that Our Lord Jesus Christ is the only begotten Son and the Word of God, and that Our Lord, born of His Father before all centuries and times, Who descended from Heaven in the last days, was born of the Holy Spirit and the Holy and Glorious Virgin Mary, the Mother of God; became a man and was crucified; is of the same substance as the Holy Trinity to be adored and glorified with the Father and the Holy Spirit; for we do not acknowledge any other God, Word or Christ, but one alone, and the same of like substance with the Father, in accordance with divinity, and of like substance with us in accordance with humanity, Who could suffer in the flesh,
 

but could not suffer as a deity; and Whom, Himself perfect in divinity as well as humanity, we receive and confess as being what the Greeks call o9moo/usiov. And, as the only begotten Son and Word of God was born of His Father before centuries and times existed, and as He, in later times, descended from Heaven, was born of the Holy Spirit and the Holy ever Virgin Mary, the Mother of God, Our Lord Jesus Christ having become a man, is properly and truly God. Hence we say that the Holy and Glorious Virgin Mary is properly and truly the Mother of God, not for the reason that God obtained speech and origin from her, but because in the last days He descended from Heaven, and, incarnated through Her, became a man, and was born; whom we confess and believe (as has already been stated), to be of the same substance with the Father according to deity, and of the same substance with ourselves according to humanity, whose miracles and sufferings voluntarily sustained by Him while in the flesh we acknowledge.
 

(3) Moreover, we recognize four Sacred Councils, that is to say, the one composed of three hundred and eighteen Holy Fathers who assembled in the City of Nicea; and that of the hundred and fifty Holy Fathers who met in this Imperial City; and that of the Holy Fathers who first congregated at Ephesus; and that of the Holy Fathers who met at Chalcedony, as your Apostolic See teaches and proclaims. Hence, all priests who follow the doctrine of your Apostolic See believe, confess, and preach these things.
 

(4) Wherefore We have hastened to bring to the notice of Your Holiness, through the most blessed Bishops Hypatius and Demetrius (so it may not be concealed from Your Holiness), that these tenets are denied by some few wicked and judaizing monks, who have adopted the perfidious doctrines of Nestor.
 

(5) Therefore We request your paternal affection, that you, by your letters, inform Us and the Most Holy Bishop of this Fair City, and your brother the Patriarch, who himself has written by the same messengers to Your Holiness, eager in all things to follow the Apostolic See of Your Blessedness, in order that you may make it clear to Us that Your Holiness acknowledges all the matters which have been set forth above, and condemns the perfidy of those who, in the manner of Jews, have dared to deny the true Faith. For in this way the love of all persons for you, and the authority of your See will increase, and the unity of the Holy Church will be preserved unimpaired, when all the most blessed bishops learn through you and from those who have been dispatched by you, the true doctrines of Your Holiness. Moreover, We beg Your Blessedness to pray for Us, and to obtain the beneficence of God in Our behalf.
 

The subscription was as follows: "May God preserve you for many years, Most Holy and Religious Father."
 

HERE FOLLOWS THE REMAINDER OF THE LETTER OP THE POPE.
 

It is then clear, Most Glorious Emperor (as the tenor of your message and the statements of your envoys disclose), that you have de-
 

voted Yourself to the study of apostolic learning, as You are familiar with, have written, proposed and published to believers among the people, those matters having reference to the faith of the Catholic religion, which (as we have already stated), both the tenets of the Apostolic See and the venerated authority of the Holy Fathers have established, and which, in all respects, we have confirmed. Therefore, it is opportune to cry out with a prophetic voice, "Heaven will rejoice with You, and pour out its blessings upon You, and the mountains will rejoice, and the hills be glad with exceeding joy." Hence, you should write these things upon the tablets of Your heart, and preserve them as the apples of your eyes, for there is no one animated by the charity of Christ who will appear to impugn this confession of the just and true faith; as it is evident that You condemn the impiety of Nestor and Eutyches, and all other heretics, and that You firmly and inviolably, with devotion to God and reverent mind acknowledge the single, true, and Catholic Faith of Our Lord God, as revealed by the agency of Our Savior Jesus Christ; diffused everywhere by the preaching of the Prophets and Apostles; confirmed by the confessions of saints throughout the entire world, and united with the opinions of the Fathers and Doctors conformably to our doctrine.
 

Those alone who are opposed to your professions are they of whom the Holy Scriptures speak as follows: "They have based their hope on lying, and have expected to remain concealed through falsehood." And also those who, according to the prophet, say to the Lord, "Depart from us, we are unwilling to follow your ways"; on account of which Solomon said, "They have wandered through the paths of their own cultivation and gathered unfruitful things with their hands." This, then, is your true faith, this your true religion, which all the Fathers and heads of the Roman Church of happy memory (as we have already stated) and whom we follow in all things, have embraced; this is what the Apostolic See has preached up to this time, and has preserved inviolate, and if anyone should appear to oppose this confession, and this Faith, he must show himself to be outside of the communion and the Catholic Church. We have found Cyrus and his followers in the City of Rome, who came from the Cumitensian monastery, and whom we have attempted by our apostolic arguments to recall to the true faith, as sheep who are about to perish and are wandering, should be brought back to the fold of the owner. In order that, according to the prophet, stammering tongues may know how to speak matters which have reference to peace, the first of our apostles quotes the words of Isaiah, the prophet, through us to unbelievers, namely: "Continue in the light of the fire and the flame which you yourselves have kindled, but their heart is so hardened (as has been written), that they do not recognize the voice of the Shepherd, and the sheep which were not mine are unwilling to hear." With reference to such persons, we, observing what was established by the Pontiff on this point, do not receive them in our communion, and we order them to be excluded from every Catholic Church, unless, having renounced their errors, they adopt our doctrine, and announce their
 

adherence to it, after having made a regular profession of the same. For it is just that those who do not show obedience to the laws which we have established should be banished from the churches. But as the Church never closes her heart to those who return to her, I beseech Your Clemency, if they, having renounced their errors and abandoned their wicked designs, should wish to return to the bosom of the Church, to receive them in your communion, and abandon your feelings of indignation, and that through our intercession you pardon them, and grant them your indulgence.
 

Moreover, we pray God and Our Saviour Jesus Christ, that he may preserve you long in peace in this true religion and in the unity and veneration of the Apostolic See, and that your most Christian and pious Empire may, in all respects, long be maintained. Moreover, 0 most Serene of Princes, we praise Hypatius and Demetrius, your envoys, and our brothers and fellow-bishops, whose selection has shown that they are acceptable to Your Clemency; for the importance of such an embassy indicates that it could not be entrusted to anyone who is not perfect in Christ, and that You would not have deemed them worthy of a mission involving so much piety and reverence, unless they have been very dear to You.
 

The favor of Our Lord Jesus Christ, the love of God the Father, and the Communion of the Holy Spirit, remain forever with you, Most Pious son. Amen."
 

The subscription was as follows, "Most Glorious and Clement Son of the Emperor Augustus, may Almighty God guard your kingdom and your health with His eternal protection."
 

Given at Rome, on the eighth of the Kalends of April, during the Consulate of the Emperor Justinian, Consul for the fourth time, and of Paulinus, Consul for the fifth time.
 

TITLE II.
 

CONCERNING THE MOST SACRED CHURCHES, THEIR PROPERTY AND THEIR PRIVILEGES.
 

1. The Emperor Constantine to the People.
 

Let everyone, at the time of his death, have the liberty to leave any portion of his property that he chooses to a most holy and venerable Catholic congregation, and let his dispositions not be set aside; for there is nothing to which men are more entitled than to have free power to exert their last will, as afterwards they cannot do so, and let them be unrestrained, for the right exercised then does not return.
 

Given at Rome, on the fifth of the Nones of July during the Consulate of Crispus and Constantine-Cæsar, each Consul for the second time, 321.
 

2. The Emperors Gratian, Valentinian, and Theodosius to Pancratius, Urban Prefect.
 

Let no one think that he has permission to bury human bodies in churches consecrated to the apostles or martyrs.
 

Given at Heraclea, on the third of the Kalends of August, during the Consulate of Eucharius and Syagrius, 381.
 

3. The Emperors Honorius and Theodosius.
 

Let no one sell or purchase the relics of martyrs. Given at Constantinople, on the fourth of the Kalends of March, during the Consulate of the Prince Honorius, and Evodius, 386.
 

4. The Same, to Nicenus, Prætorian Prefect.
 

Let no more than nine hundred and fifty canons be appointed for the Church of this great City, and let no one have the power to add to their number, or to change it, or to substitute others for those who may die; and let none of those of this body who exceed the abovementioned number and have been appointed through patronage, and have been denied the right of innovation, claim those things which have been bestowed upon the Holy Church by way of honor, or as necessary privileges.
 

Given at Eudoxiopolis, on the seventh of the Kalends of September, during the Consulate of Honorius, Consul for the eighth time, and Theodosius Junior, Consul for the third time, 409.
 

5. The Same, to Melitius, Prætorian Prefect.
 

It is decided, after proper consideration, to severely restrict the charges from which churches of different cities shall be held especially exempt; and, in the first place, no injury shall be inflicted by usurpation, and no lands dedicated to the uses of the secrets of Heaven shall be soiled with the filth of base exaction. Nor shall any extraordinary tax be levied, nor a supplementary one be imposed; nor shall any desire for their transfer to the Treasury in default of taxes be manifested. And, finally, no burden shall be imposed upon its functions, beyond that payable under the Canon Law, and such as sudden necessities or contingencies demand.
 

If anyone violates this law, he shall be condemned to perpetual exile or deportation, after having undergone the punishment prescribed for sacrilege.
 

Given at Ravenna, on the eighth of the Kalends of June, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, Consul for the fifth time, 412.
 

6. The Same, to Philip, Prefect of Illyria.
 

All innovation having been abolished, We command that ancient custom and the former ecclesiastical canons which have been in force up to this time shall be observed through all the provinces of Illyria; and if any doubt should arise with reference to them, it must be removed by the knowledge of the Holy Law possessed by that most reverend man, the Patriarch of the Church of the City of Constantinople (which enjoys the prerogatives of Ancient Rome), and the judgment of the ecclesiastical assembly of that City.
 

Given on the day before the Ides of July, during the Consulate of Eustachius and Agricola, 421.
 

7. The Same to Asclepiodotus, Prætorian Prefect.
 

We freely place the care of the Divine Houses and Venerable Churches in the same honorable class with that of highways and bridges, because these are not included among base employments.
 

Given at Constantinople, on the fifteenth of the Kalends of March, during the Consulate of Asclepiodotus and Marinian, 423.
 

8. The Emperor Cams to Præsidorus, Prætorian Prefect.
 

Let the Sacred Church of the City of Thessalonica know clearly that it is, through Our indulgence, released from the payment of its own capitation tax; but that it should not injure the State by abusing the ecclesiastical name, in order to prevent the payment of taxes due from others.
 

Given at Constantinople, on the sixth of the Ides of October, during the fifth consulate of Victor, 424.
 

9. The Emperors Theodosius and Valentinum to Cyrus, Prefect of the City.
 

We believe that the frauds of those who, under the pretext of their official position as canons, or members of other religious bodies, whose duties they do not perform, attempt to evade the charges imposed upon them, should be prevented; therefore, let no one be excused from other duties, under the pretext of some employment which he does not discharge, in order that bankers or money brokers may not refuse to perform the functions of their calling by representing themselves as members of ecclesiastical bodies, or canons. Therefore, if any such person gives himself the mere appellation of the member of an ecclesiastical body, or a canon, let him know that another will be appointed in his place, who will be qualified to discharge the aforesaid employment; and that the substitution of those previously mentioned, or of any who may die, cannot be made except with the consent of the superior of him who is substituted; and that from this date, no one can be excused through reverence for the Holy Church.
 

Given on the tenth of the Kalends of April, during the Consulate of Theodosius, Consul for the seventeenth time, and Festus, 439.
 

10. The Same, to Florentius, Prætorian Prefect.
 

We order that no ship having more than the capacity of two thousand measures of grain shall be excused from the transport of public property, or be released from the public service, either through the privilege of rank enjoyed by the owner, or on account of some personal privilege, or through respect for religion; nor any Imperial decree be cited, or any rescript or pragmatic sanction be put forward as an excuse for not obeying this most wise law.
 

This rule We desire to be observed in all cases, so that, generally speaking, if anything of this kind is advanced against the law or the public welfare, in any matter whatsoever, it shall not be valid. When any attempt whatever to evade this law is made, We shall punish it with the confiscation of the ship whose owner was excused.
 

Given under the Consulate of Theodosius, Consul for the seventeenth time, and Festus, 439.
 

11. The Same, to Taurus, Prætorian Prefect.
 

We order that no one shall be excused from furnishing couriers, horses, and vehicles, or from any other duty, when it is usual for similar service to be furnished during Our journey through all Our provinces, wherever We may stop, even though these possessions may belong to the Holy Churches.
 

Given at Constantinople, on the thirteenth day of the Kalends of March, during the Consulate of the Emperor Valentinian, Consul for the fifth time, and Anatolius, 440.
 

12. The Emperors Valentinian and Martian to Palladius, Prætorian Prefect.
 

We decree that the privileges conceded by former Emperors under the general terms of constitutions, to all the Holy Churches of the orthodox religion, shall be observed, and remain firm and unimpaired for all time.
 

(1) We command that all pragmatic sanctions which are contrary to ecclesiastical canons and have been obtained through favor or political intrigue, shall be deprived of all their force and authority.
 

(2) And, for the reason that it becomes Our humanity to provide for those who are poor, and to use Our efforts to prevent indigent persons from wanting food; We order that those things of different kinds which up to this time have been furnished the Holy Churches but of the public property shall remain unaltered, and shall not hereafter be diminished; and We hereby confirm this liberality for all time.
 

Given during the consulate of Aêtius and Studius, 454.
 

The New Constitution of The Emperor Frederick.
 

We order that it shall be promulgated throughout Italy that all laws and customs which are contrary to the liberties of the Church and its ministers, as well as such as are opposed to the Canon and Imperial laws, shall be null and void; and this New Constitution directs that they be entirely removed from the capitularies, and it decrees besides that similar enactments shall not be valid in law. When anything is done in violation of this, the parties shall incur the penalties prescribed. If, however, during the year following the publication of this new Constitution, anyone should violate it, their property throughout our entire Empire may be seized by anyone with impunity.
 

13. The Same, to Palladius, Prætorian Prefect.
 

We decree by the following general law, that if a widow, a deaconess, or a virgin consecrated to God, or any other good woman, or one mentioned under any other title of religious honor or dignity, believes that she has left either by her will or codicil (which, however, should be executed with all legal formalities), anything either entirely or in part to a church, or a shrine dedicated to a martyr, or to a clerk, a
 

monk, or to the poor, her bequest shall, under all circumstances, remain valid and permanent, whether it was left by the appointment of an heir, or by a substitution, or as a legacy, or under a general or a special trust, or by a nuncupative or written will, in order that no doubt may hereafter arise with reference to matters of this kind.
 

Given at Constantinople, on the tenth of the Kalends of May, during the Consulate of Athemius and Valentinian, 455.
 

Extracts from Novel 5, Chapter V. Latin Text.
 

Persons who enter monasteries, at the time of their entrance consecrate themselves and their property to God, and therefore they cannot dispose of it by will, for the reason that they are no longer its owners.
 

Extracts from Novel 123, Chapter XXXVIII. Latin Text.
 

When any man or woman without children chooses a monastic life, and enters a monastery, We order that the monastery into which they enter shall be entitled to his or her property.
 

If any such person has children, and enters a monastery before dividing his property among them, he can do so afterwards, without diminishing their lawful shares, and anything which he does not bestow upon them shall belong to the monastery. If, however, he should wish to divide his entire estate among his children, he should include himself with them, and retain as their father the share to which the monastery would be entitled. But if he should die after having entered the monastery, and before he has divided his property among his children, they shall be entitled to their lawful shares, and the remainder of the estate shall belong to the monastery.
 

14. The Emperors Leo and Anthemius to Armasius, Prætorian Prefect.
 

We order that no archbishop who may hereafter preside over the Holy Orthodox Church in this Imperial City, or any official to whom the administration of ecclesiastical property has been entrusted, shall have the power, by any kind of alienation whatsoever, to transfer to any person any lands or real estate (either in the city or the country), in short, any immovable property, or any serfs attached to said lands, or any slaves, or any testamentary annuities, or any donations made by a living person to a church. The said lands, however, can be divided, cultivated, increased and amplified, but no one can convey to another any interest in them.
 

If, however, anyone should desire that his patrimony, or any portion of the same, which consists of land with or without houses, or of revenues, slaves, tenants, and the peculium of the latter, shall belong to the above-mentioned venerable church, and manifest his intention either by a will or a codicil, executed according to law, or by a nuncupative will, or by a legacy, a trust, a donation mortis causa, or any other final disposition of the property, or by means of a donation inter vivos, or by a contract of sale, gift, or other title, his disposition of the same shall be valid, and remain unaltered.
 

Let them know that, under no circumstances, and at no time, shall they be prevented from disposing of their property under the pretext of liberality or gratitude, or from alienating it to persons who are willing to purchase the same, provided all members of the clergy, including the bishop and the steward, consent to the alienation of said property; for it is proper to preserve reverently and intact all rights which now or may hereafter belong to the Most Blessed Church, just as religiously as the Holy Church itself, for as the mother of religion and faith is herself perpetual, so her patrimony should remain entire and uninjured for all time.
 

(1) It is clear that if any steward of the Church or other person should, with audacious spirit and sacrilegious intent, venture to violate this law of Ours, and attempt to acquire or hold with shameless insolence any ecclesiastical lands acquired under the title of donation, purchase, exchange, or any other contract (unless in the manner which We have now established), he shall lose all the fruit of his own boldness, and any price or privilege which, for the sake of favor, may have been given to the said official, or to any other person whomsoever; and it shall be acquired for the profit and the advantage of the Church. Again, any lands which have been obtained in any of these ways by clerks themselves, or temporal stewards, along with their profits, shall be demanded with their rents or accessories for the entire intermediate time, just as if the property had not been purchased or sold; for the reason that whatever is done contrary to law is considered as not having been done at all.
 

(2) Any steward who has done anything of this kind, or, indeed, permitted it to be done, whether by sale, donation, or exchange (except in the way which we have permitted by the present law), or, finally, who has given his consent to any kind of an alienation, shall be deprived of the administration which has been entrusted to him; and any loss which the Church has sustained shall be repaired out of his property, and his heirs, successors, and descendants shall be liable to an action brought by a competent person appointed by ecclesiastics, whether the damage was caused by his own act, or merely by his acquiescence.
 

(3) Notaries, who have dared to draw up instruments containing forbidden contracts of this kind, shall be punished with the penalty of perpetual exile.
 

(4) Judges who have jurisdiction of such matters, and who confirm donations or forbidden contracts of this kind, shall be condemned to lose their office and their property.
 

(5) And that it may not appear that every method and opportunity of obtaining benefits for the Church have been taken away from religious stewards, We give them permission to proceed cautiously with reference to things which, for the most part, are considered to be useful. Therefore, when a steward belonging to the clergy has a view to the interest of the Church of this Imperial City, and wishes that the temporal usufruct of certain possessions and estates, either urban or rustic, which are the property of the Church, shall be granted to
 

someone who desires it, possession shall be given the latter in accordance with his request; even if the time agreed upon between the parties shall be for the entire life of the person making it, and the steward shall become a party to the contract, and shall sign it, along with the person who has made the choice, and the time for which it is agreed that the usufruct shall be granted shall be mentioned therein, and it shall clearly be stated that whoever has obtained the usufruct of the said ecclesiastical land has received it as a favor; and that, after the time settled and specified has elapsed, the property shall revert to the ownership enjoyed by the Church; so that the term which had been prescribed having expired, or the date of the death of the usufructuary having arrived (if this also should have been agreed upon), he who had acquired the usufruct of any ecclesiastical property and revenues for the purpose of holding the same under the said agreement must, none the less, relinquish to the Church what he had received, including the control of the land itself, and all other immovable property, tenants, and slaves attached to the same.
 

Where, however, agreements had not been entered into in the first place under this condition, We decree that the grant shall not be valid. and that the ecclesiastical property, not having been legally transferred, shall remain with the ownership, and can be claimed by the clergy or the stewards.
 

Given at Constantinople, during the Consulate of Jordanus and Severus, 470.
 

Extracts from Novel 7, Chapter I, and 120, Chapters VI, and VII. Latin Text.
 

This right having been conceded to all religious places and all ecclesiastical congregations established for pious purposes, in order that none of their property may be encumbered, this rule shall be perpetually observed, even with reference to such immovable property as has been added by the Imperial House to the religious places aforesaid. With reference to others, the exception only applies where the debt is urgent. When, however, the indebtedness cannot be paid out of the movable property, that which is immovable should be specially given in pledge, of which the creditor can take for himself the principal and interest to the amount of four per cent. If the creditor does not consent to this, then the ecclesiastic having charge of the house shall swear before him by whom he was ordered, without expense, and with the consent of the majority of those subject to him, that the debt actually exists, and cannot be paid out of the movable property. This having been done, notice of the sale of the Church property shall publicly be given for twenty days, and it shall then be sold to the person who offers the most; and the price must, by all means, be employed for the payment of the debt by the purchaser, otherwise, the property shall not be transferred to him, and in the instrument of sale it must be inserted that nothing has been done in the matter to the prejudice of the Divine House.
 

If, however, a purchaser should not be found, an appraisement shall be made of the property, and it shall be delivered to the creditor
 

in payment of the debt, the tenth part of the entire appraisement being added to the price; this having been done with the consent of the ecclesiastic in charge, and the majority of those subject to his authority; but property of inferior value, as compared with the remainder, either with reference to quality, quantity, or weight, must first be disposed of.
 

In cases of this kind, the creditor is understood to be one who can prove that what he lent was destined for the benefit of the Divine House.
 

Extracts from Novel 12, Chapter VII. Latin Text.
 

Just as the alienation of ecclesiastical property is prohibited, so it is also prohibited that any barren or onerous property, or such as is encumbered with any right or claim in favor of the Treasury, should be bestowed upon it.
 

Extracts from Novel 7, Chapter XI, and 120, Chapter VII. Latin Text.
 

With much more reason is the alienation of the monastery itself forbidden, by which it may return to its former condition and to secular uses.
 

Extract from Novel 120, Chapter V. Latin Text.
 

This right is granted to others under specified conditions, and certain persons are forbidden to acquire property in this manner, as, for instance, the steward and his relatives. Otherwise, their property and that of the stewards and the superiors with whom they are joined would, after their death, go to the church from whom they received it.
 

Extracts from Novel 7, Chapter V, and 120, Chapter XL Latin Text.
 

Anyone who has not received the above-mentioned property by a gratuitous title of alienation, according to law, must restore it, with all its increase during the intermediate time; and he will be entitled to no action against the sacred place to which he gave it, but one will lie in his favor against the party who alienated it. The donee must restore the property unimpaired, with all its profits and as much more. The creditor, having restored the property pledged to him, will be entitled to an action only against him who gave it to him in pledge. The lessee under emphyteusis cannot recover what he gave although the lease is void, and he must also pay at once what he would have paid every year, if the contract had been legal; but it is better to hold that all actions should be refused to anyone making a contract of this kind.¹
 

¹ The emphyteusis of the Roman law was a perpetual lease, usually made of public lands by the government, but not infrequently employed by individuals It originated during the reign of the Emperor Zeno, and was first adopted for the purpose of improving lands taken from the enemy, and which were still covered with forests. It was also employed subsequently to enable the insolvent patricians of the Eastern Empire to repair their fortunes; as well as to bring under profit-
 

Extract from Novel 120, Chapter I. Latin Text.
 

If the religious house previously mentioned has buildings which have become dilapidated and are not worth repairing, they should be leased perpetually by emphyteusis, and the rent which the lessee should pay for the house which had fallen into ruin shall be the third part of what would have been collected when it was still in good condition;, or if he has rebuilt it before paying any of the rent, he shall give to the religious house half the value of the new appraisement which has been made; for, in the first instance, the rent under the emphyteutical lease would have been payable from the beginning.
 

Extract from Novel 7, Chapter HI; and 120, Chapter VI. Latin Text.
 

It is also permitted to grant a perpetual emphyteutical lease of property of this kind, provided the contract is executed in the presence of persons authorized by law, those who are interested in the
 

able cultivation conquered provinces which had been depopulated by war. Real estate of this kind, before its apportionment among the soldiery, who were generally the tenants of the State, was called ager publicus; when leased to be cleared, it was known as ager emphyteuticus; if already susceptible of tillage, it was styled ager vectigalis. The fact that the right derived from an emphyteutical agreement could be encumbered in many ways, alienated by gift or purchase, and transferred by the lessee to his heirs, in time caused a doubt to arise whether the transaction was not in reality a sale rather than a lease. It was finally decided by imperial authority that it was neither, but sui generis, a peculiar contract to be interpreted and enforced strictly in accordance with the terms of its contents. Its permanent character was the essential and distinguishing feature of emphyteusis. The right could be acquired by agreement or by will. It differed from dominium, or ownership, in that the occupant was obliged to pay an annual rent, and take proper care of the land.
 

It was indispensable that the contract should be reduced to writing, as no verbal agreement, no matter how solemnly executed, was sufficient to vest an emphyteutical right. Stringent, and sometimes oppressive provisions might be inserted therein; for instance, such as rendered the lessee liable for any damage resulting from unavoidable accident. Even in case of its absolute sterility, he was not allowed to surrender the property.
 

If he did not pay the rent for two years when the ownership was vested in the Church, or in three, when the proprietor was secular, he could be ejected. This might also be done if he committed waste. The right could not be acquired by prescription. If the lessee sold it to a third party, the owner could collect a fine equal to one fiftieth of the purchase money, or of the appraised value of the property. He was also compelled to transfer to the latter anything which came into his hands through possession of the land, which could not be classed as crops, or as directly and legally derived from it.
 

Emphyteusis bore considerable resemblance to usufruct, but the latter was considered more advantageous, for the reason that it was more certain, as the government could, without notice, when the public welfare, which was paramount, demanded it, dispossess the emphyteuta. In consideration of this privilege, which might be exercised at any time and subject the tenant to great inconvenience and loss, the rent was always lower than was the case with ordinary leaseholds.
 

Another distinction existed between these two species of contracts, for while the State, as well as individuals, could lease lands under emphyteusis, this was not the case with the grant of an usufruct, a proceeding to which the government never became a party. The emphyteutical right could also be extinguished by a catastrophe, such as an earthquake or an inundation, which rendered the land unavailable for the purpose for which it had been rented; by the death of the lessee without heirs; by the consent of all the parties interested; and by the expiration
 

contract making oath that no injury shall be caused to the Divine House. It is customary for the same rent to be paid which the property ordinarily brought when it was dedicated to sacred purposes, diminished only by one sixth. If, however, it should be diminished on account of some misfortune, it should be leased by emphyteusis for the rent which it yields at the present time. But where the property is of great value, and still yields little or no return, its appraisement should be carefully made in order that a just rent for the same may be established, and only such property should be granted by emphyteusis as appears to the steward and other ecclesiastics in authority to be suitable for this purpose.
 

Extract from Novel 7, Chapter II. Latin Text.
 

It is even lawful to exchange property with the Emperor for something greater, better, or of equal value, if the public welfare demands it, and specific regulations upon this subject exist.
 

of the term specified in the contract, if the latter had not been executed in perpetuity.
 

As possession of the land was granted to the emphyteuta for the purpose of having it improved, he was at liberty to make such alterations as were adapted to that end, which the usufructuary, whose occupancy was restricted to mere use and enjoyment, was not permitted to do. Where the grant was perpetual, the land was exempt from tax, provided it belonged to the State; this rule, however, was not applicable to private contracts of this description.
 

The consideration could neither be increased nor diminished, because it was considered to constitute a portion of the purchase-money for which the property was transferred.
 

This peculiar leasehold has not been generally adopted by European nations. The rules of the Civil Law on the subject, however, with but trifling modifications, have been incorporated into the jurisprudence of Italy. The emphyteuta is liable for all taxes and other charges imposed upon the land; he is entitled not only to the crops, but also to the accessions and the owner's share of any treasure trove, or minerals; if he should alienate his right, he will incur no liability for a fine; and he can, at any time, purchase the land by paying a sum of which the annual rental represents the legal interest.
 

The lessor may, every twenty-nine years, require the party then in possession to acknowledge his title as owner, all expenses of which proceeding are to be paid by the former. (Codice Civile del Regno d'ltalia, Arts. 1556-1565.)
 

Emphyteutical contracts in perpetuity are declared by the Portuguese Code to constitute absolute inheritances, and their transmission to be subject to the rules regulating the descent of estates. (Codigo Civil Portuguêz, Art. 1696.)
 

Under the laws of Japan, emphyteusis is, to all intents and purposes, an ordinary leasehold. If the occupant should be forcibly deprived of his income from the land for five years, he can relinquish his right, otherwise he is liable for the rent. Its duration may not exceed the term of fifty years, and a renewal of fifty more is permitted.. Where no term is mentioned, the period is fixed by law at thirty years, except where some special local custom prevails. (Civil Code of Japan V, Arts. 270-279.)
 

In Scotland, the tenure called "feu holding," (nominæ feudæ firmæ), corresponds almost exactly with the emphyteusis of the Civil Law. It was first established by statute in 1457, but its origin is of much earlier date. "Feu-holding is that whereby the vassal is obliged to pay to the superior a yearly rent in money or grain, and sometimes also in services proper to a farm, as ploughing, reaping, carriages for the superior's use, etc." (Erskine, Principles of the Law of Scotland II, IV, 2.)
 

The jus emphyteuticarium is not known to either the English or American law. — ED.
 

Extract from Novel 34, Chapter II. Latin Text.
 

Churches can exchange property with one another according to law, without either of them incurring liability, provided they obtain the consent of the authorities hereinbefore mentioned.
 

Extract from Novel 120, Chapter III. Latin Text.
 

Likewise, a tract of land which has become useless on account of some claim owned by the Treasury can be alienated, but the requirements previously stated must be complied with, and the same oath taken, that is to say, one setting forth that the property is not alienated for any other reason than for the benefit of the said religious house.
 

Extract from Novel 7, Chapter III, 120 Chapter VIII. Latin Text.
 

Any person who has leased property of this kind in the ordinary way, or by emphyteusis, and allows it to deteriorate, or does not pay the rent for two years, according to the established rule, can be dispossessed under this law, and still be compelled to pay the rent for the entire term, as well as repair the damage which he has caused to the property, without having the right to recover any expenses which he may have incurred for the purpose of improving it.
 

Extracts from Novel 120, Chapter II. Latin Text.
 

This manner of leasing property is granted to every religious house, and the lease having terminated, the land will again come into the hands of the said religious house; and where other property is given instead of it, neither it nor its revenues shall be burdened with greater charges.
 

15. The Same Emperors to Sebastian, Prætorian Prefect.
 

We decree that whatever has been done which is in any respect contrary to the ancient and established principles of the orthodox religion shall be absolutely void; and that whatever relates to the orthodox religion and the faith of the most holy churches and martyrs, shall be firmly established and restored to the condition in which it was before the accession of Our Majesty. With reference to the innovations which took place during the time of the tyranny, not only against the sacred churches whose supervision belongs to the most blessed and reverend Bishop Acacius, Patriarch of Our piety, but also against others situated in different provinces, and their most reverend prelates, whether they were appointed by virtue of a sacerdotal right or obtained their offices through the expulsion of other incumbents during those times, or through the prerogative of the bishop having precedence over others, in or out of the Councils, or by virtue of the privileges of a metropolitan during the former evil days, We declare that these wicked orders, pragmatic sanctions, and impious constitutions, even though they may have been executed with the ordinary legal formalities, are hereby annulled, and rescinded; and We direct that such as were granted or established by the Emperors of
 

Divine Memory who have preceded Our reign, and those which have been afterwards promulgated by Us with reference to holy churches, martyrs, bishops, clerks, or monks shall be preserved inviolate.
 

Moreover, We order and decree that the Holy Church of this most religious community, the mother of our piety, the source of the orthodox religion of all Christians, and the most Sacred See of this Imperial Metropolis, shall legally enjoy all privileges and honors relating to the creation of bishops, in preference to all others, and that it shall be acknowledged to possess and to perpetually and firmly hold, by virtue of this Royal City, all other rights which it possessed before Our reign, or during its existence.
 

Given on the sixteenth of the Kalends of January, during the Consulate of Armatius, Consul for the fifth time, 476.
 

16. The Emperor Justinian to Menna, Prætorian Prefect.
 

The principle set forth in the ancient laws, although obscurely stated, that donations made for pious purposes were valid, even though they had not been inserted into written instruments, We plainly and clearly direct shall stand; just as in other cases, where ancient rights remain intact if they have reference to gifts of this description. When, however, anyone makes a donation of property up to the value of fifty solidi, either to a holy church, to a house for the entertainment of strangers, an infirmary, an orphan asylum, an establishment where indigent persons are sheltered, an old men's home, a foundling hospital to the poor themselves or to some city; such donations shall be valid, if the necessary legal formalities have been complied with.
 

If, however, the donation should be for a larger sum than that above mentioned (except, of course, where one is made by the Emperor), it will be void unless it is set forth in a proper instrument, for no one shall have the right for any reason, and under the pretext of piety, to change the rules established by the ancients concerning such donations, with the exception of those which We have expressly mentioned.
 

Given 528.
 

17. The Same to Demosthenes, Prætorian Prefect.
 

We order that no one shall be permitted to sell, hypothecate, or pledge any of the most sacred and mysterious vessels, clothing, and other articles which have been donated, and are necessary for the services of the Divine Religion; as even the ancient laws did not sanction that things employed in the celebration of Divine rites should be affected by human liens.
 

We also order that such property can, under all circumstances, be recovered from those who have been so bold as to take it, not only by the most reverend bishops, but also by the ecclesiastical stewards, as well as by the custodians of the sacred vessels; nor shall any actions be granted to the parties in possession of the same, for the recovery of the price received for the said property, or for the collection of interest where it has been pledged, but they shall be refused every
 

action of this kind, and shall, by all means, be required to make restitution.
 

Where, however, the vessels have been melted, or changed in any way, or disposed of, still an action either in rem, in conditionem, or in factum will lie for their recovery, or for their value; a fact which is repeatedly stated in many different sections of the law.
 

An exception, however, is made in instances where any of these events has occurred on account of captivity (which we detest); for if it was necessary for a sale, an hypothecation, or a pledge of the aforesaid sacred property to be made for the purpose of redeeming captives, We permit this to be done; as it is praiseworthy for the souls of men to be preferred to any vessels or vestments whatsoever. We direct that this rule shall apply not only to cases which may occur hereafter, but also to those that are now pending.
 

Extract from Novel 120, Chapter X. Latin Text.
 

Moreover, if a church is in debt, and has vessels for which it has no use, and cannot otherwise pay its indebtedness without the alienation or sale of its immovable property, the said vessels may be offered intact to some other religious house, after the transaction has been authorized by the ecclesiastic in charge, or, after the vessels have been melted, they may be sold to anyone else to provide for the payment of the debt.
 

He, however, who receives property in violation of this law, shall suffer the same penalty prescribed for those who acquire lands belonging to the church.
 

18. The Same, to Demosthenes, Prætorian Prefect.
 

We order that property that comes into the hands of churches, hospitals, monasteries, orphan asylums, old men's homes, foundling hospitals, insane asylums, or any other establishments of this kind, whether it is derived from the liberality of the people, or from donations inter vivos or mortis causa, or from a last will, or has been acquired by any other lucrative title, shall be free and immune from interference; for although the law enacted on this subject exerts all its force with reference to other persons, still, in consideration of piety, its vigor should be relaxed so far as the Church or any other institutions which have been set apart for pious uses are concerned. For why should we not make a distinction between Divine and human things? And why should not the privileges to which it is entitled be reserved in favor of Heaven?
 

(1) This law shall not only be observed in cases which may arise hereafter, but also in those which are at present pending, and which have not yet been determined, either by a judicial decision or by amicable compromise.
 

Published at the seventh military of this renowned City, in the new Consistory of the Palace of Justinian.
 

19. The Same to Julian, Prætorian Prefect.
 

Although a proper distinction exists between Divine and public law and private convenience, We decree that where anyone leaves
 

an estate, a legacy, a trust, or anything under the title of a donation, or sells anything, either to the Holy Church, or to houses of charity, hospitals, monasteries of men and women, orphan asylums, insane asylums, old men's homes or cities, a long time shall be granted them to recover what has been donated, sold, or bequeathed, and they shall not be barred by ordinary prescription. But where any money or property is bequeathed for the redemption of captives, or for any other lawful object, We decree that a very long time shall be granted for its recovery. And, indeed, according to the dictates of Our heart, actions of this kind should not be barred by the lapse of any length of time; but, in order that it may not be prolonged indefinitely, We have chosen to limit it to the longest period to which the life of man may extend, and have consented that the right to bring this action shall not be barred until after the term of a hundred years shall have elapsed, for only then do We permit the right of recovery of this kind to be extinguished.
 

Therefore, whether an estate, a legacy, or a trust has been left to the above-mentioned most sacred places, or to cities, or whether a donation or a sale of any property movable, immovable, or which can move itself has been negotiated; or whether a bequest has been made for the redemption of captives, or funds donated for that purpose; there shall be an almost perpetual right to recover them, and that right shall be extended for the term of a hundred years (as has already been stated), without any other prescription being allowed, either against the original parties themselves, or their heirs or successors. (1) In all these cases, We not only grant personal actions but also real and hypothecary ones, in accordance with the terms of Our Constitution which concedes the hypothecary action to legatees and the beneficiaries of trusts; and with reference to all the matters above mentioned We only impose the term of human life, that is to say a hundred years. Again, We order all these things to be observed not only in such cases as may hereafter arise, but also in those which are now pending in court.
 

Given under the Consulate of Our Lord Justinian, 528.
 

Extract from Novel 131, Chapter VI. Latin Text.
 

.Prescription prevents some actions from being brought after ten years; others after twenty years; and others still after thirty years; but if these lie in favor of some religious house, they will only be barred after forty years. Usucaption for three years, or prescription after four, remaining in all their force, the Roman Church alone enjoys the term or privilege of a hundred years.
 

TITLE III.
 

CONCERNING BISHOPS AND OTHER MEMBERS OF THE CLERGY, SUPERINTENDENTS OP ORPHAN ASYLUMS, OF HOSPITALS AND OF CHARITABLE FOUNDATIONS, MONASTERIES OF ASCETICS AND MONKS AND THEIR PRIVILEGES; CASTRENSE PECULIUM; THE REDEMPTION OF CAPTIVES; AND FORBIDDEN OR PERMITTED MARRIAGES OF ECCLESIASTICS.
 

1. The Emperor Constantine to the Clergy, Greeting:
 

In accordance with the law enacted some time since for your benefit, on account of your deserts, by the terms of which law no one can compel you or your slaves to pay any new taxes, you will enjoy the privilege of exemption from them; and, moreover, you shall not be required to entertain guests.
 

Given on the sixth of the Kalends of September, during the Consulate of Placidus and Romulus, 343.
 

2. The Emperor Constantine and Julian-Cæsar to Felix, Bishop.
 

Let all ecclesiastics be free from the imposition of taxes which are not due, and from the wickedness of unjust exactions; for no agreement having reference to base employments shall be required of them; and while traders are liable to certain contributions, all ecclesiastics shall be exempt from the noise and bustle incident to transactions of this kind. For when they have accumulated anything, either through economy, foresight, or trade (if they know their conduct to have been honorable), they are obliged to devote it to the relief of the poor and needy. Anything which can be acquired or accumulated by the said ecclesiastics in factories or shops, they must consider to have been obtained for the benefit of religion.
 

(1) The laws of the Divine Emperor, My Father, provide that their employees who are engaged with them in the same occupation, shall also enjoy the same privileges as the clergy themselves.
 

(2) Hence the aforesaid persons shall be exempt from the necessity and the annoyance of extraordinary burdens.
 

(3) Nor shall they, or their property, be liable to contribution for travelling expenses.
 

(4) This privilege is granted to all ecclesiastics, so that their wives, children, and servants, both male and female, and their sons and daughters, shall always remain exempt from impositions of this kind.
 

Given on the ninth of the Ides of December, during the Consulate of Constantine, Consul for the ninth time, and Julian-Cæsar, Consul for the second time, 357.
 

A New Constitution of the Emperor Frederick, Concerning the Laws and Customs having Reference to the Privileges of the Clergy, Compendium 10.
 

Moreover, no community or public or private person shall presume to impose upon any church or other sacred place, or ecclesiastic,
 

any collections, exactions, expenses for couriers, or travelling expenses; or seize property belonging to the Church. If they should do so, and refuse to make amends after having been notified by the Church or the Emperor, they shall be liable to triple damages, and their property shall be confiscated by the government, and shall not be returned until the satisfaction due has been rendered.
 

3. The Same Emperor and Cæsar to Taunts, Prætorian Prefect.
 

In order that your authority may not permit such of the clergy as have lands not only to be released from other liabilities, but also that they may be required to pay the taxes to the Treasury on the lands which are possessed by them, We order that all ecclesiastics possessed of real estate in the provinces shall pay the claims due to the Treasury, otherwise it shall be transferred.
 

Given on the day before the Kalends of July, during the Consulate of Constantius, Consul for the tenth time, and Julian-Cæsar, Consul for the third time, 360.
 

4. The Same to Taurus, Prætorian Prefect.
 

Where officials, charged with the collection of the public funds, have not rendered an account of their last or preceding administration, or have appropriated money belonging to the Treasury, and aspire the honors of the Church, they shall be reduced to their previous condition. If, however, after their accounts have been rendered and proper investigation has been made, they are found not to be liable for anything (if their demand has been made with sincerity), this favor shall be granted them with the consent of their superiors, and they need not apprehend the loss of their possessions. But where they have attempted to become members of the clergy by the practice of clandestine arts, two-thirds of their estates shall be granted to their children, or if they have no offspring, to their next of kin, and they can retain the third part of their own property for themselves. But if they have no near relatives, two-thirds of it shall go to those officials with whom they have served, and only the remaining third shall be reserved for themselves.
 

Given on the fourth of the Kalends of September, during the Consulate of Taurus and Florentius, 361.
 

Extract from Novel 123, Chapter XV. Latin Text.
 

We do not permit a member of the curia, or any other official, to become an ecclesiastic, lest injury be done to the sacred body of the clergy; for if persons of this kind are admitted to the clerical order they shall be considered as never having received ordination, and shall be restored to their former condition, unless some of them should happen to have lived a monastic life for not less than fifteen years; as We order that such persons shall be ordained, and that they shall retain for themselves the fourth part of their own property, and that the remaining three-fourths shall belong to the curia and the Treasury; and this shall be done where the person who aspires to become a member of the clergy has led a respectable and monastic life.
 

(1) If, however, anyone should have obtained the honor of admission to the clergy and afterwards marries, or takes a concubine, he shall be restored to his original condition, even though he held a position in a branch of the ecclesiastical order whose members are not forbidden to marry.
 

The same rule applies to all other monks, even though they may not previously have been members of a curia. And, generally speaking, anyone who is admitted to any rank in the clergy, and returns to a secular life, shall be deprived of his honors and restored to his former status as a citizen.
 

5. The Emperor Jovinian to Secundus, Prætorian Prefect.
 

If anyone should merely attempt to, I do not say ravish, but marry a consecrated virgin, he shall suffer the penalty of death.
 

Given on the eleventh of the Kalends of March, during the Consulate of Gratian, Consul for the third time, and Merobaudus.
 

6. The Emperors Valentinian, Valens, and Gratian to Cataphronius.
 

We order that priests, deacons, sub-deacons, exorcists, altar attendants, and acolytes shall be exempt from personal employments.
 

Given the third of the Nones of March, during the Consulate of Gratian, Consul for the third time, and Merobaudus, 377.
 

7. The Emperor Theodosius said:
 

"No bishop shall be compelled to give testimony either under the prætorian or the civil law." He also said that it is not fitting for a bishop to be permitted to testify, for this would be a personal hardship for him, and would compromise his sacerdotal dignity, which is exempt from such obligations.
 

Extract from Novel 123, Chapter VII. Latin Text.
 

But let the judge send some of his officials to them, in order that they may tell what they know on the Holy Scriptures, as is proper for priests to do, but they shall not be sworn.
 

8. The Same, to Paulinus, Augustal Prætorian Prefect.
 

Priests can give their testimony without subjecting them to the injury of torture, but in such a way that they may not testify falsely. Where other members of the clergy who belong to lower degrees or orders are called to give their evidence, they shall be heard in accordance with what the laws direct; so that litigants may be entitled to the action for deceit against priests who, on account of their superior rank, cannot by the infliction of any corporeal penalty, be compelled to testify, and who, for the reason that they fear nothing, have suppressed the truth. For those are much more worthy of punishment upon whom higher honors have been bestowed by Our command, when they are found guilty of the crime of concealing the facts.
 

Given on the eighth of the Kalends of August, during the Consulate of Arcadius and Bauto, 385.
 

Extracts from Novel 123, Chapter XX. Latin Text.
 

When either priests or deacons have been convicted of giving false testimony, and the case is one in which the payment of money is involved, they shall be excluded from their Divine Ministry for the term of three years, and shall be confined in a monastery by way of punishment. In criminal cases, however, they shall be deprived of their clerical honors, and punished with the penalties prescribed by law.
 

Other members of the clergy shall, under similar circumstances, be expelled from their ecclesiastical offices without distinction of cases, and be punished with blows.
 

9. The Emperors Valentinian, Theodosius, and Arcadius to Tatian, Prætorian Prefect.
 

Let no woman, unless she has reached the age of fifty years, in accordance with the precept of the apostle, be admitted to the association of the order of deaconesses.
 

Given at Milan on the eleventh of the Kalends of July, during the Consulate of Valentinian, Consul for the fourth time, and Neotherius, 390.
 

Extract from Novel 13, Chapter 123. Latin Text.
 

We do not permit anyone to become a priest under the age of thirty-five years, nor to become a deacon or subdeacon under twenty-five years, nor a reader under eighteen years. We also forbid anyone to be ordained a bishop under the age of thirty-five years.
 

Extract from Novel 13, Chapter 123. Latin Text.
 

We direct that no woman who is under forty years of age, or who has been married twice, shall be ordained a deaconess in the Holy Church.
 

10. The Emperors Arcadius and Honorius to Theodore, Prætorian Prefect.
 

If anyone should be guilty of the sacrilege of forcing his way into a Catholic Church, or doing any injury to the priests and ministers, to the service, or to the place itself, he shall be punished by the provincial authorities, so that the head of the priests of the province and of the ministers of the Catholic Church may know that the culprit has received a capital sentence, whether he has been convicted, or confessed that he was guilty of committing an offence against the place itself, or the worship of God, without waiting for the bishop to demand punishment for the injury inflicted upon him, as his sanctity does not allow him to take notice of it; and it shall be praiseworthy for all persons to prosecute any atrocious injuries committed against priests or ministers of religion as public crimes, and their perpetrators as deserving of punishment. If the number of those guilty of violence is so great that they cannot be arrested by the civil authorities, with the assistance of the people, for the reason that they defend
 

themselves by arms, o