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IV Council of Costantinople 869 - 870

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20

It has come to the ears of this holy synod that in certain places some, on their own authority and without the agreement of those who are entrusted with such decisions, callously and mercilessly expel people who have received some of their lands by emphyteusis, on the pretext that the contract about the agreed rent has been broken.

This must not be allowed to happen unless the person who made the emphyteutic contract first listens to the objections through the mediation of some suitable and trustworthy persons. Then, if the leaseholder has not paid for three years the rent due, he may be expelled from his lands. But it is necessary, after the rent has been unpaid for three years, to go to the authorities of the city or region and bring before them a charge against the person who obtained the emphyteutic lease, and to show how he has defaulted. Only then, after the decision and judgment of the officials, may the church take back its property. Nobody may effect the confiscation of the aforesaid lands on his own initiative and authority, since this would be a sign of the worst form of profiteering and greed.

So, if any bishop or metropolitan, contrary to this directive of ours, confiscates any property from anyone, thinking he is protecting his own church, let him be suspended by his patriarch for a time, having first restored what he took away. If he persists in his disobedience to the decision of this holy universal synod, he must be completely removed from office.




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