Works & Councils of Toledo 90

The same Augustus to John, Praetorian Prefect. The present law refers to the mention of another law written by us, which we have thought it fitting without doubt to confirm anew with a certain improving addition, by proffering a greater penalty against transgressors — not because we take delight in the increase of penalties (for nothing is so pleasing to us as what is more humane), but in order that by the fear of punishment we may restrain from sinning those who are prone to sin.

We know therefore that we wrote a law stating that there is no liberty for the stewards (oeconomi) of the most holy churches, or for the prelates of hospices (xenones), or of infirmaries (nosocomia), or of poorhouses (ptocheia), or of monasteries — whether of men or of women — or of other such corporations which the aforesaid constitution mentions, to alienate, by any agreement or for a fixed sum of gold, or in any other manner whatsoever, those things which have been left to them in perpetuity — which the laws call 'annalia' — and to take away from posterity that consolation which would thence accrue to them;

and to the law we added fitting reasons: that since, on account of such a contrivance, not even the designation of an annual payment is preserved unless it happens to be rendered through each several year, but once paid down in full, it afterwards utterly perishes. Renewing this law again with a certain addition, we ordain:

that if any of the most reverend stewards, or of the wardens of hospices (xenodochi), or of infirmaries, or of feeders of the poor (ptochotrophi), or of keepers of the aged (gerontocomi), or of nurturers of infants (brephotrophi), or of keepers of orphans (orphanotrophi), or of archimandrites, or of the other persons comprised in our former divine constitution, should attempt to convert that which has been left in perpetuity to the venerable houses over which they preside — whether in gold or in other things — so that it should not appear to be perpetual, but should attempt by transactions or sales, or by certain other machinations, that what ought to remain perpetual be brought to an end: he shall have no licence whatsoever in any way to do this, contrary to the force of the divine law lately issued by us in matters of this kind;

but even if he should do it, what has been done shall be void; and it shall be lawful for him who shall undertake the same charge after him — or even, should he be negligent (as may happen), for all the rest thereafter — at once to revoke what has been done, and so to declare it invalid, as if it had not proceeded from the beginning; so that both the fruits of the intervening time, and the interest, and every benefit shall by all means pertain to the pious place, all things attempted in the meantime being annulled. For to every single human there is one course of life given by the Maker, whose end is altogether death; but for the venerable houses and their communities, unceasingly guarded by God, there is no setting of any limit even according to their possessions:

but so long as the venerable houses shall endure (and they endure forever, even unto the consummation of this age, as long as the name of Christians shall be among men and shall be venerated), it is likewise just that the endowments and revenues left in perpetuity should remain, immortal, ever to serve pious works which shall never cease. Therefore, as for him who shall have offended in any such thing, and shall have presumed to transfer the property with gold received, or by some other occasion, no loss indeed shall be brought upon (according to what has been aforesaid) those houses against which they committed such things; but those houses shall gain both the gold and the property which they received;

and nonetheless they shall exact what was left, without any diminution whatsoever, both from the one who did this and from his heirs and successors; and that man's property and goods shall be bound to him who contracted with him; and let that man recover it, both against the person of the other and against his goods, up to full and adequate indemnity for himself — namely, so that he may not hope for any recovery of what he gave against the venerable house, which he defrauded contrary to right, nor any restoration of what was done. But as for the matter concerning him with whom he contracted, let him have every licence from the laws to proceed against him, and his heirs, and his property, and to exact what was given, if he can;

so that, if not for fear of God, at least for fear of their own substance and that of their heirs, men may become more reluctant toward agreements of this kind, which it is acknowledged they conclude for the sake of no good, but being either corrupted by money or overcome by certain affections. Forbidding all these things by this divine law, we ordain that the law itself be inscribed among our sacred laws, and we offer it to the Lord God of all and to our Saviour Jesus Christ, presenting it as a kind of beautiful and fitting sacrifice unto Him. Given on the day before the Ides of September, at Constantinople, in the fourth consulship of our lord Justinian, Perpetual Augustus, and that of the most distinguished Paulinus, in the year 534.