Works & Councils of Toledo 53

The Emperor Justinian Augustus to Mennas, archbishop of Constantinople. We wrote a law some time ago indeed prohibiting ecclesiastical alienations, but permitting to the most holy churches—and likewise to the most holy Great Church of this most happy city—exchange alone, when the empire (imperial household) should wish to receive something from any of the venerable houses. Afterwards indeed we wrote another law, by which we excepted the most holy Great Church, permitting certain alienations which that law specifies.

But because we have learned that certain persons have turned a chapter of the earlier constitution—which we wrote concerning the exchange of suitable things belonging to the most holy houses for (the benefit of) the empire—into an art contrary to the law, and have requested us indeed to receive from the most holy Church, and to give these to them; hence many have set about, who using all such like petitions seek to circumvent the sacred constitution. Whatsoever things therefore have been transacted by us up to the present day, these we wish to remain under the scheme in which they now are, none of these things being exchanged which have already been transacted with us by the most holy Church in such contracts, or with those who have received these from us.

But henceforth we ordain that there be utterly no license for anyone to do any such thing; that those exchanges alone hold valid which have been made into the imperial household in this matter, so that they may remain perpetually with the empire, and not be transferred to a private person, nor the right of these proceed to them through the medium of the empire. But if any such thing be done, we grant license to the most reverend stewards (oeconomi) to seize property of this kind, and to deliver it back to the most holy church, just as if from the beginning the exchanges of these into the empire had not occurred, but this scheme is to be preserved in perpetuity, begun from the present day.

All those things which long ago (as we have said before), after the earlier law, were transacted according to the aforesaid manner, remaining ratified, in that those things indeed which were so done were done by (private) men. But now certain persons wish, using their example, both to be troublesome to us, and to circumvent the most holy Great Church of this most happy city, which through all time we in no way wish to be done. But even if it be done by any scheme whatsoever, let this too be invalid, and be claimed back by the most holy Great Church in perpetuity, no prescription of time being to be objected against it in this matter.

This too we ordain: that, with all other things concerning the right of emphyteusis being sanctioned, and holding their own force both in the most holy Great Church and in all the other venerable houses, there be license to the most holy churches and venerable houses to carry on perpetual emphyteusis with one another, by making indeed this decree—the most holy Great Church however being excepted. But in the emphyteusis thus celebrated, it cannot at all be extended to a private person. Your Beatitude therefore, let it guard the things commanded by us, and make them manifest to those who under it hold metropolitan sees, that they too, recognizing the things that have pleased us, may presume to transgress none of these.

For there will be a judgment for all from God, and thereupon a penalty, if anyone, contrary to this, either should themselves act, or should permit it to be done. Given on the fifteenth day before the Kalends of November at Constantinople, in the eleventh year of the reign of our lord Justinian, Perpetual Augustus, after the consulship of Belisarius, most distinguished man.