The Civil Law - Justinian Codex AD 529

VOL. 12] THE CODE OF JUSTINIAN-BoOK I 27action of this kind, and shall, by all means, be required to make restitution.Where, however, the vessels have been melted, or changed in anyway, or disposed of, still an action either in rem, in conditionem, orin factu1n will lie for their recovery, or for their value; a fact which isrepeatedly stated in many different sections of the law.An exception, however, is made in instances where any of theseevents has occurred on account of captivity (which we detest) ; forif it w,as necess~ry for a sale, an hypothecation, or a pledge of theaforesaid sacred property to be made for the purpose of redeemingcaptives, We permit this to be done; as it is praiseworthy for thesouls of men to be preferred to ans' vessels or vestments whatsoever.We direct that this rule shall apply not only to cases which may occurhereafter, but also to those that are now pending.ExtrOJct trom Novel 120, Chapter X. Latin Text.Moreover, if a church is in debt, and has vessels for which it hasno use, and cannot otherwise pay its indebtedness without the alienationor sale of its immovable property, the said vessels may be offeredintact to some other religious house, after the transaction hasbeen authorized by the ecclesiastic in charge, or, after the vesselshave been melted, they may be sold to anyone else to provide for thepayment of the debt.He, however, who receives property in violation of this law, shallsuffer the same penalty prescribed for those who acquire lands belongingto the church.18. The Same, to Demosthenes, PrfEtorian Prefect.We order that property that comes into the hands of churches,hospitals, monasteries, orphan asylums, old men's homes, foundlinghospitals, insane asylums, or any other establishments of this kind,whether it is derived from the liberality of the people, or from donationsinter vivos or mortis causa, or from a last will, or has been acquiredby any other lucrative title, shall be free and immune frominterference; for although the law enacted on this subject exerts allits force with reference to other persons, still, in consideration ofl)iety, its vigor should be relaxed so far as the Church or any otherinstitutions which have been set apart for pious uses are concerned.For why should we not make a distinction between Divine and humanthings? And why should not the privileges to which it is entitled bereserved in favor of Heaven?(1) This law shall not only be observed in cases which mayarise hereafter, but also in those which are at present pending, andwhich have not yet been determined, either by a judicial decision orby amicable compromise.Published at the seventh milliary of this renowned City, in thenew Consistory of the Palace of Justinian.19. The Same to Julian, Prmtorian Prefect.Although a proper distinction exists between Divine and publiclaw and private convenience, We decree that where anyone leaves