For it is fitting that those things which are sanctioned in common and generally for the benefit of all should rather prevail than those which are sought to be done in the interest of certain persons to the corruption of the common laws. These things only, namely, are to be leased and given in emphyteusis — whatever they think needs some such thing. If, however, the God-beloved stewards, or the heads of other colleges, wish to have certain things under their own management, it shall be lawful for none of those who are in power — not even according to a sacred pragmatic rescript — to compel them either by lease or by emphyteusis to hand these over to him who does this; and he shall be subject to the penalty of sacrilege and to all the fines and punishments contained in this our sacred law.
But whereas we have come to know that a most wicked offense has been committed both among the Alexandrians and the Egyptians, and now also in certain other places of the empire — that some presume to sell, or exchange, or donate the very venerable monasteries in which an altar has been set up and the sacred ministry has been performed, such as it is customary to celebrate in the most holy churches (the sacred Scriptures, namely, being read, and the sacrosanct and ineffable Communion administered, and monastic habitation established there), so that these things are changed from their sacred and God-beloved character to a private dwelling and condition — we forbid these things henceforth to be done at all, permitting no man to commit them; but we declare the deed void by all means, and we impose the forfeiture of the prices upon the recipients, and we condemn the seller also with the loss of the property and the loss of the price, granting this to the most holy church of that place and to the venerable monasteries, so that they themselves may see to it that what has been wrongly alienated be recalled again to its monastic character; nor shall any hypothec upon these things be valid, but it too shall be annulled and the place again assigned to the sacred monastery.
But just as we forbid harmful alienations, so too we prohibit harmful acquisitions. For many disputes have been stirred up among us, where certain persons have donated less suitable estates to the most holy churches, or to venerable houses, or have even sold them as suitable, although they were utterly barren from the beginning, and on this account did harm to the venerable houses.
We forbid, therefore, the rectors of venerable houses to do any such thing, or at least to acknowledge it knowingly; for if they make contracts not with all exactness, but some barren or harmful possession is given to churches, or monasteries, or guest-houses, or hospitals, or other venerable colleges, the contract shall be held as not made, and he who gives shall entirely recover what was given through circumvention and deceit. But the steward who has done any such thing, or the abbot, or the warden of a guest-house, or the hospital-keeper, or the keeper of a poor-house, or of an orphanage, or of a home for the aged, shall make good out of his own the loss arising from this to the one who gave.
But if the matter were so contrived that some gold also be given for this, then indeed the venerable house which received some barren thing shall keep this as gain. But he who gave the gold shall have an action on this account against him who concluded the contract, as we said before.
Let this be by all means our law laid down concerning the alienation of ecclesiastical or charitable property, following indeed the constitution of Leo of pious memory, and not caring for one thing while leaving another uncared for, but let it be extended over every land which the law of the Romans and the sanction of the catholic Church embraces, and let it determine what belongs to it, and let it be valid forever — guarded by the most holy patriarchs of each diocese, and by the God-beloved metropolitans, and by the other bishops, and by the clergy,
and by the stewards, and abbots, and wardens of guest-houses, and hospital-keepers, and foundling-home keepers, and keepers of homes for the aged, and orphanage-keepers, and all the rectors likewise of any holy colleges — imposing upon all their proper force, and granting license to whoever wishes to denounce the things that are wrongly committed. For such a one is praiseworthy, and will escape the name of slanderer, who refutes a cause carried out against the laws, becoming an author of piety and of benefit to the sacred houses.
Moreover, our commonwealth's judges, both greater and lesser, civil and military, shall nonetheless observe it — and especially the most glorious prefects of the sacred praetoria established throughout all dioceses, and those holding the middle administrations which they call 'spectabiles' (we mean the Augustal and proconsular [governors], and the spectabilis Count of the East), and others, and the magistrates who come after them — that is, the consulars or presides established over the provinces, and the defenders of the cities — and in short let every civil, military, and public authority observe this our law as laid down for the common benefit and for the piety of the whole earth, and let it subject the transgressors to the penalties which we mentioned at the outset.
But if we have sanctioned anything concerning the leases of ecclesiastical property, or in other chapters, or anything has been sanctioned by our predecessors, let this remain in its own firmness, nor [be undone] by the present sacred constitution of ours...... for we allow all else to remain within its own bounds, unless indeed it touch upon any of those things which we here ordain. May this law suffice for all, beyond what was made by Leo of pious memory, to remove every occasion of alienation against charitable property. Let your Beatitude, therefore, and those who shall be after you in the pontifical seats, hasten to carry into effect and execution the things that have been arranged by us. Given on the eighteenth day before the Kalends of May, Belisarius the most distinguished man being consul.