Works & Councils of Toledo 57

The Emperor Justinian Augustus to John, prefect of the praetorian administrations throughout the East, twice ex-consul and patrician. If whatever good works exist anywhere ought (God willing) to take their beginning through us, it will likewise be fitting that those good things which others have begun, should ruin threaten them, be again restored through us and brought back to their former order, so that we may always have, whether in the very accomplishment of a matter or in its restoration, the means of striving toward illustrious deeds. Since indeed something of this sort is being wrongly managed in the funerals of the dead, it has seemed good to correct it, and thereby to bestow a benefit on people, lest they suffer a twofold hardship — both losing their own and also incurring losses in their name.

But what the divine prince Constantius rightly devised and arranged, and what afterward Anastasius, that most pious prince, confirmed — with a revenue added besides — this, now threatening ruin, we hasten both to restore and, once brought to stability on every side, to bind with fitting oaths, thereby bringing it about that it remain immortal.

For since the most pious prince Constantine gave nine hundred and fifty workshops, from the various guilds of this fostering city, to the most holy Great Church with immunity, and Anastasius likewise, a most pious prince, not only added another one hundred and fifty to those workshops, but also out of his liberality, by two pragmatic ordinances, established a fixed revenue, so that the gold realized from that revenue might go toward the sum which is given by the most God-loving stewards to those who labour about this:

many from all sides approached us, saying that the matter did not proceed fairly, and that the funerals of the dead were not carried out save for an agreed fee — nay rather that fees were exacted bitterly; and that besides these, many names and guilds were found which exacted even in the midst of mourning from the unwilling, and forced by violence those who could not pay, to pay. These things we judged it just to deem worthy of fitting correction.

Hence indeed, first of all, we restored to their full number the workshops of the most holy Great Church, which had suffered great loss and diminution, a sacred ordinance having been drawn up about this to the city prefecture, that by all means it, together with the staff subordinate to it, should hand over the eleven hundred workshops to the most God-loving defensores and stewards of the aforesaid most holy church: eight hundred workshops, with their corporate bodies to be furnished, to the most God-loving defensores, and three hundred to the stewards most pious toward God:

so that the most God-loving stewards may have, as profit, those three hundred workshops and the revenue granted by the most sacred prince Anastasius, complaining no further about the diminished number, but having as a supplement what the three hundred workshops provide, and may make the disbursement of the monthly payments both to the deans and to the other companies; while the most God-loving defensores, having the eight hundred workshops at hand, may both furnish the bearers (as they are called) and supply the rest of the service which the obsequies of the dead require, that thereby we may the more vindicate the dead from loss and injury.

Those aforesaid eleven hundred workshops, then, ought to be kept for the most God-loving stewards and defensores without any limit of time, with immunity and without diminution; and if in any way any one of them should perish, or change its frontage or its trade, it must be made up and recovered by the most glorious prefect of this fostering city: so that the most God-loving stewards, having the administration of the estates assigned to the burials, and likewise having the three hundred workshops immune from the rendering of taxes, and the defensores the other eight hundred, may each duly manage the obsequies of the dead.

By all means, indeed, whatever comes from the annual revenue of the estates is to be applied by the most God-loving stewards to the use of the burials, as we shall say below in the sequel, adding something from the revenue of the three hundred workshops, just as in fact these men asked to receive from us. And since, of the eleven hundred workshops which are in this fostering city, very many have perished, we command for the present that these be made up, and that for the most God-loving stewards and the defensores most pious toward God (in the manner stated by us) the number of eleven hundred workshops be preserved undiminished and divided most simply, lest in any way fewer deans or copiatae than eight hundred be assigned to the most God-loving defensores.

But in respect of those three hundred which are assigned to the most God-loving steward-men — whether they wish to receive the workshops within their corporate bodies, all or some of them, or to take by way of 'cause' (as they call it) the moneys of the exempted workshops, all or some — let these too be expended about the obsequies of the dead, so that from these moneys, together with the proceeds of the estates, the distribution may be made to the deans, ascetriae, canonicae, acolytes, and others, as we establish below in the sequel.

For since the most God-loving stewards have shown, the accounts having been set in order, that it is impossible for the same revenue to be henceforth collected from the estates, we have with good reason assigned the addition of the three hundred workshops to this part, so that what hitherto was given to those labouring about the carrying-out of corpses may henceforth too be provided without reproach — namely each month, to the deans and acolytes as well as to the canonicae and ascetriae and others, according to the custom hitherto prevailing among them. That is: to the deans, each month, seventy-two solidi; to the ascetriae and acolytes, ninety-one solidi; and to the canonicae, thirty-six solidi.

These are indeed to be collected by the most God-loving stewards themselves, but to be paid out every six months, at the times when before too they were customarily received. Now that portion of the gold which belongs to the ascetriae ought to be given by the most God-loving stewards, at the aforesaid term, to Eugenius, the most God-loving deacon and warden of the hospice of Sampson of religious memory and of the others commended to him by us, and to whoever shall ever succeed as the most God-loving warden of these hospices: because the ascetriae who are employed for this use and render service are reckoned under the wardens of the aforesaid venerable hospices for the time being. But that other portion which belongs both to the acolytes and to the most reverend canonicae —

is likewise to be given by the most God-loving stewards themselves to those who are now set over them, and to those who for the time being ever hold the chief place among them, so that through these men the distribution may be made to the ascetriae before designated and reckoned under them, and to the canonicae, and moreover also to the acolytes.

But if the most God-loving stewards admit delay in such payment, and this becomes manifest — say, when another six months are already running after the first half-year, and yet no payment has been made — then whatever shall have been owed after the first half-year is to be exacted from the most God-loving stewards together with interest of a third of the lawful centesima (that is, four per cent), the most religious archbishop and patriarch for the time being of the most holy Great Church in this fostering city bestowing his providence upon this matter.

But if yet another year passes, and not even then have the most God-loving stewards paid anything, let the most holy patriarch for the time being have license not only to exact from the most God-loving stewards, with the aforesaid interest, what is owed to the most reverend women and to the aforesaid deans, but also to compel them to furnish all that has been assigned; and, if the most holy patriarch shall so wish, even to eject them from the care of the estates, and to reclaim the oversight of these, just as it now lies in their hands:

the most blessed archbishop for the time being of this fostering city and patriarch of its whole region bestowing his care upon all these things, under whose protection and authority both the most God-loving stewards and the whole clergy and the entire order of the most holy church are reckoned. These things being thus ordered, let no one at all take anything from an unwilling person for the care of the body of one deceased. But, that we may determine the whole, we ordain that to each bier, which is granted free of charge, there be attached one convent of ascetriae or canonicae, with not fewer than eight women preceding the bier and chanting psalms, and three acolytes, who themselves likewise shall receive nothing.

But if any of the deceased's kinsmen and relatives who arrange the carrying-out should wish, of his own accord and with no one compelling, to take in addition another convent — one, or two, or more — let that be set within his own munificence. Yet neither do we leave this undefined, willing that here too the same measure be observed for the ascetriae, canonicae, and acolytes who are taken on through munificence, as we defined above: namely, that not fewer than eight ascetriae or canonicae be taken from each single convent, and three acolytes to each convent. And let there be given to the ascetriae or canonicae who are taken on beyond that very convent which provides its service to the funeral free of charge:

if the carrying-out is performed within the new walls of this fostering city, up to three solidi, the acolytes taking absolutely nothing from this, nor sharing in these things with the most reverend ascetriae and canonicae. But the acolytes who are taken on beyond those three who serve the funeral free of charge — if there be three others, let them be content with three siliquae; if six, with six siliquae; and in that manner whatever concerns this is henceforth to be conducted in order. This indeed is plain: if the distance be greater, and the deans serving the bier be more numerous, and the convents more, then on account of the weight of this a little shall be given to them too, after the likeness of the ascetriae who bear the labour about the funeral.

so that, on account of the distance, the copiatae too may seem to have therefrom some solace; but they are regarded as within the new walls, and within the Justinianic boundary and Ficus, since these are not far distant, nor is longer time or greater labour needed to reach there. But if the carrying-out be made outside the new walls of this fostering city, or to boundaries other than have been stated, then the ascetriae or canonicae are to receive three and a half solidi, the acolytes here having absolutely no share at all; while the acolytes themselves take four siliquae for each convent, and nothing besides:

according to the aforesaid division, the convent with its three acolytes following the bier provided free of charge, and being attached to it altogether by eight ascetriae or canonicae and three (as has been said) acolytes, who take absolutely nothing, whether exacting it by the giving of candles, or, under any other pretext, devising any mode of exaction whatsoever. And all these things we define only concerning those who do not, out of ambition and munificence, request those two great biers stored away in the treasury of precious things — namely that of Studius of glorious memory, and that of Stephen of magnificent memory.

For if anyone should desire to have those — seeing that they require both many men and greater custody, and, in sum, a full safekeeping of the business — this we do not link with the aforesaid; but, as men who more ambitiously are eager to have their dead carried forth, let them furnish just so much as they shall have promised to give for the labour to the deans, or to the most reverend ascetriae, or to the canonicae, provided however that, for it, in the two biers of Studius and Stephen, the amount cannot exceed twelve solidi. But for that which is interwoven with gold, which is kept in the most holy Great Church — if indeed one alone is to be prepared in its place (as is probable) — four solidi;

while the ascetriae, or canonicae, or acolytes carry double of what we have previously fixed concerning them: namely, so that that very convent of ascetriae or canonicae which precedes the other biers free of charge may receive the same amount as the rest of the convents. The same thing which we said before being observed also in the case of the acolytes, so that these too may take double of what has already been established by us — that is, if that in which the funeral is performed be one of those three biers, this of course being the wish of him on whom the care of the funeral lies.

The most God-loving defensores, namely, having only the obligation to furnish, from those eight hundred workshops which we assigned to them, the corps of the deans and likewise the biers, but not to lay out any expense; while the most God-loving stewards are to be compelled to make all the aforesaid expenditures upon the aforesaid persons, both out of the revenue left by the most sacred prince Anastasius and out of the three hundred workshops, according to the distribution established by us in all respects. Thus nothing will be undefined; but both those who wish more modest burials to be made will reap profit from this arrangement, and those who look to ambition will not in like manner be involved in great expenses, but will be munificent within a fixed measure.

These things, then, we have defined both concerning the workshops and the revenues, and concerning the carryings-out of funerals, whether they be performed free of charge or with a certain ambition. And, that the number of the workshops may at no time ever suffer diminution, we appoint as guardians of this matter not only the most glorious prefect of this fostering city and the staff obedient to him, but also, much more, your excellency, and those who shall ever hold this summit of dignity over which you now preside. And moreover we impose on your staff a penalty of fifty pounds of gold, if it acts too negligently; and a double penalty against those who shall ever undertake your throne, that they may by no means allow the number of eleven hundred workshops to fall short of the division stated by us.

But care must be applied to this: that either you yourself, or your successors, bestow providence upon this matter, and take care that in all respects the number remain without diminution, without burden, without any contrivance — both through your excellency and through any other person — lest from it a new occasion arise, that, contrary to our definition, a fee should again be given for the funeral of some person. No distinction is to be introduced among the persons of the dead, whether they abound in riches or be pressed by want — unless perhaps (as we have said) they choose one of those three biers, in which we have arranged things befitting it. And we will that these provisions both hold to this mode, and, without any fixing of time, remain unmoved and eternal.

And, with this sacred pragmatic law remaining in force forever — so long as there are men, and so long as that great and far most renowned name of Christians is held among men — may it daily even receive increase by the benignity of the Lord God. To this business, before all others, the most religious patriarch of this fostering city himself looking out, lest on this account, in the exercise of his priestly power, he permit that by any person — whether adorned with priestly office, or with a magistracy, or whatsoever — offence be committed against our enactments. But we also decree that the imperial majesty itself, with eyes turned to so ample a seat of dignity and honour — whoever at last shall hold the scepters of empire — should provide for this matter.

For this is not only for the dead, but also for the welfare of the living, and indeed of those who rule, that pious actions may by all means be brought to effect, and that the illustrious institutions of our forefathers may not perish through the negligence of posterity. And just as we have arranged that those eleven hundred workshops be kept undiminished and immune, so we ordain that all the remaining workshops be liable to the rendering of taxes: no one at all having license to exempt them — whether to sacred buildings, or to hospices, or to convents, or monasteries, or anything else whatsoever; nor even if they pertain to our royal houses, or to persons endowed with magistracy or power;

but with all the workshops equally acknowledging the rendering of taxes, lest, if little by little each one be excused and each relieve his own, the whole burden of the renderings be laid upon certain few who are left, and these who cannot bear it thereby suffer great loss. What therefore has pleased us through the present sacred pragmatic ordinance, this both your excellency and those who after you shall undertake the same magistracy, and the staff obedient to you, shall keep. Given on the third day before the Nones at Constantinople, in the reign of our lord Justinian, Father of his Country, Augustus, in the eleventh year, in the second year after the consulship of Belisarius, vir clarissimus.