Of the Inheritance of the Property of Martyrs and Confessors, also of those who had suffered Banishment or Confiscation of Property.

"Nor must we omit to notice those estates of which individuals have been deprived on various pretenses. For if any of those who have engaged with dauntless and resolute determination in the noble and divine conflict of martyrdom have also been stripped of their fortunes; or if the same has been the lot of the confessors, who have won for themselves the hope of eternal treasures; or if the loss of property has befallen those who were driven from their native land because they would not yield to the persecutors, and betray their faith; lastly, if any who have escaped the sentence of death have yet been despoiled of their worldly goods; we ordain that the inheritances of all such persons be transferred to their nearest kindred. And whereas the laws expressly assign this right to those most nearly related, it will be easy to ascertain to whom these inheritances severally belong. And it is evidently reasonable that the succession in these cases should belong to those who would have stood in the place of nearest affinity, had the deceased experienced a natural death.

CHAPTER XXXVI.

The Church is declared Heir of those who leave no Kindred; and the Free Gifts of such Persons Confirmed.

"But should there be no surviving relation to succeed in due course to the property of those above-mentioned, I mean the martyrs, or confessors, or those who for some such cause have been banished from their native land; in such cases we ordain that the church locally nearest in each instance shall succeed to the inheritance. And surely it will be no wrong to the departed that that church should be their heir, for whose sake they have endured every extremity of suffering. We think it necessary to add this also, that in case any of the above-mentioned persons have donated any part of their property in the way of free gift, possession of such property shall be assured, as is reasonable, to those who have thus received it.

CHAPTER XXXVII.

Lands, Gardens, or Houses, but not Actual Produce from them, are to be given back.

"AND that there may be no obscurity in this our ordinance, but every one may readily apprehend its requirements, let all men hereby know that if they are now maintaining themselves in possession of a piece of land, or a house, or garden, or anything else which had appertained to the before-mentioned persons, it will be good and advantageous for them to acknowledge the fact, and make restitution with the least possible delay. On the other hand, although it should appear that some individuals have reaped abundant profits from this unjust possession, we do not consider that justice demands the restitution of such profits. They must, however, declare explicitly what amount of benefit they have thus derived, and from what sources, and entreat our pardon for this offense; in order that their past covetousness may in some measure be atoned for, and that the Supreme God may accept this compensation as a token of contrition, and be pleased graciously to pardon the sin.

CHAPTER XXXVIII.

In what Manner Requests should be made for these.

"BUT it is possible that those who have become masters of such property (if it be right or possible to allow them such a title) will assure us by way of apology for their conduct, that it was not in their power to abstain from this appropriation at a time when a spectacle of misery in all its forms everywhere met the view; when men were cruelly driven from their homes, slaughtered without mercy, thrust forth without remorse: when the confiscation of the property of innocent persons was a common thing, and when persecutions and property seizures were unceasing. If any defend their conduct by such reasons as these, and still persist in their avaricious temper, they shall be made sensible that such a course will bring punishment on themselves, and all the more because this correction of evil is the very characteristic of our service to the Supreme God. So that it will henceforth be dangerous to retain what dire necessity may in time past have compelled men to take; especially because it is in any case incumbent on us to discourage covetous desires, both by persuasion, and by warning examples.

CHAPTER XXXIX.

The Treasury must restore Lands, Gardens, and Houses to the Churches.

"Nor shall the treasury itself, should it have any of the things we have spoken of, be permitted to keep them; but, without venturing as it were to raise its voice against the holy churches, it shall justly relinquish in their favor what it has for a time unjustly retained. We ordain, therefore, that all things whatsoever which shall appear righteously to belong to the churches, whether the property consist of houses or fields and gardens, or whatever the nature of it may be, shall be restored in their full value and integrity, and with undiminished right of possession.

CHAPTER XL.

The Tombs of Martyrs and the Cemeteries to be transferred to the Possession of the Churches.

"Again, with respect to those places which are honored in being the depositories of the remains of martyrs, and continue to be memorials of their glorious departure; how can we doubt that they rightly belong to the churches, or refrain from issuing our injunction to that effect? For surely there can be no better liberality, no labor more pleasing or profitable, than to be thus employed under the guidance of the Divine Spirit, in order that those things which have been appropriated on false pretenses by unjust and wicked men, may be restored, as justice demands, and once more secured to the holy churches.