The repressor of over much blaming of the clergy.

xvj. CHAPITER.

FOR as myche as fro the bigynnyng of this present iij^e. partie hidir to it is procedid that sufficient proof is mad this to be trewe, that preestis and othere clerkis mowen be endewid with temporal vnmouable possessiouns without eny ther of wernyng founde in Holi Scripture or in resoun, ȝhe, and with therto consenting Scripture and resoun; and so weel and so firmeli and stabili and openli it is proued and so weel to the euydencis of the contrarie partie it is answerid, and so cleerli the euydencis ben assoilid, that noman al the bifore going processe reding and vndirstonding may opene his mouth forto holde the errour, which bifore in the bigynnyng of the firste chapiter in this present iij^e. partie is rehercid, and is bi al the bifore going processe hidir to vnaȝenseiabili vnproued and theryn worthili reproued;—therfore summen perceyuyng al this consenten weel and graunten, that preestis and othere clerkis mowen weel withoute weernyng of Holi Scripture and of resoun, ȝhe, and bi Scripture and bi resoun, be endewid with temporal and vnmou|able godis forto do and vse and execute the better her goostli officis; but thei holden herwith this con|clusioun, that if bischopis or other preestis or othere louȝer clerkis so endewid lyuen not vertuoseli, as thei schulden lyue, with thilk seid temporal godis, but amys vsen tho godis [tho temporal godis, MS. (first hand).] vicioseli, tho same godis mowen iustli be take awey fro hem, so that preestis and othere clerkis mowen iustli be vnpossessyd, (that is to seie, mowen iustli be putt out of possessioun of the same godis,) with this that thei abide stille in her statis and officis of bischophode or louȝer preesthode or louȝer clerkhode, in which thei weren bifore,

whanne thei weren in possessioun of tho same vn|movable possessiouns.

And ferthermore thei holden this ij^e. conclusioun, that if eny bischop, preest, or clerk do not dewli the werkis of his office anentis his peple ouer whom he is sett and putt, the same peple mowe iustli with|drawe [w ^t drawe, MS. (without hyphen).] and aȝenholde the tithis and offringis and alle othere paymentis of rentis and dewtees, with whiche the same seid bischopis, preestis, and othere louȝer clerkis ben for hem and her successouris endewid.

Wherfore it is now next to be encerchid whether this holding be trewe or not trewe. Into which eende, entent, and purpos y schal here sett forth xj. open trouthis, bi whiche it schal be knowe sureli, whethir the now rehercid conclusions and opinions ben trewe or no.

The firste trouthe is this: Noman ouȝte be iuge in his owne cause which he hath anentis his neiȝbour, neither eny man ouȝte be redresser of the wrong which his neiȝbour dooth to him, but if he him silf be the hiȝest iuge of alle othere, and hath no iuge in erthe aboue him, bi whom his cause or wrong mai be iugid and redressid. Forwhi, if eny man or if many men schulden be iugis in her owne causis had bitwixe hem and othere men, God wolde not haue ordeyned in the temporal parti kingis and princis and dukis and othere powers vndir hem to be for to heere and iuge causis and redresse wrongis, of whom Poul spekith, Rom. xiij^e. capitulum., and i^e. Cor. vj^e. capitulum., and i^e. Thim. ij^e. [i ^e., MS.] capitulum., and Peter spekith, i^e. Pet. ij^e. capitulum. Nei|ther God wolde haue ordeyned in the clergie to be bischopis aboue the louȝer preestis, and archebischopis aboue bischopis, and the pope to be aboue alle the othere, as it is proued aftir in the iiij^e. parti of this

book that God so ordeyned, or at the leest he wolde it so be ordeyned, and as it is proued that in the tyme of the Apostlis it was so sett forth in vce and executing. Forwhi if eny man schulde haue had power forto be iuge in his owne cause anentis his neiȝbour, it hadde be waast forto haue mad bothe in the clergie and in the layfe suche now seid iugis; and alle men witen weel that neither God neither the Apostlis wolden ordeyne eny waast ordinaunce, or consente to eny waast ordinaunce bi othere to be mad. Also surist experience schewith bi this that bifallith weel nyȝ in ech day bifore iugis bitwixe parties pleding, how myche and how manye and grete innumerable wrongis schulden be doon, holden, and menteyned for riȝtis and vnwrongingis, and how many therbi folewingli perpetual strifis and debatis and fiȝtingis and othere passing grete myschefis schulden be multiplied, if men schulden be iugis in her owne causis and querelis, whiche fallen bitwixe hem and her neiȝboris. And therfore thei ouȝten not so be in eny wise. And so for a ful greet good and nede God willid to be ordeyned bothe in the clergijs side and in the lay parties side iugis louȝer and hiȝer up into the hiȝest, that if the louȝer iuge procede not riȝtli, that the parti iugid amys of him mai com|pleyne to the hiȝer iuge; and so eftsoone fro the hiȝer, if nede be, into tyme to come to the hiȝest; and if he there at the presence of the hiȝest iuge suffre wrong, take he it aworth in pacience as a thing irremediable bi man, and God schal therfore him quyte.

The ij^e. trouthe is this: Among temporal godis, whiche men ben woned for to paie to othere men, summe ben to be paied as fynding or helping to the receyuers, that the receyuers, foundun and holpun bi the temporal godis of hem receyued, do and wirche and execute summe certein officis or summe certein deedis, to come into whiche thei ben sett and ordeyned,

and whiche thei han take vpon hem forto do, wirche, and execute; as it is whanne money is take and paied to a messanger forto ride or go into a fer cuntre, that he fynde to him silf and his hors the costis and expensis whiche he muste make in thilk iorney, and withoute which money he mai not make thilk iorney weel, or ellis withoute which so to be bifore paied he schal make his iorney the wors; and as it is whanne money is paied to a man forto go and fynde him silf and his hors, that he be an hayward or an ouerseer thoruȝ al an haruest cesoun vpon repe men, that thei repe bisili and clenli. And summe othere temporal godis ben to be paied as meede and reward to the receyuers for the doing, wirching, or executing passid of sum office or deede, in to which thei weren sett and ordeyned, and which thei token vpon hem for to do, wirche, and execute; as it is whanne money is paied to the bifore seid messanger for his traueil, which he made in the same seid iorney; and as it is whanne money is paied to a repe man for his dai labour in the haruest feeld, or to a laborer in a vyne gardein for his day labour in the same vyne gardein. This trouthe is so open that he nedith not be proued.

The iij^e. trouthe is this: Mouable and vnmouable temporal godis mowen be ȝouun not oonli to oon persoon in the firste maner of the ij^e. trouthe, and forto not descende ferther bi the same ȝeuyng into the successouris of the same persoon; but also mou|able and vnmouable temporal godis mowen be ȝouun in the first maner of the ij^e. trouthe to a man and to hise successouris perpetueli, that not oonli he but that he and alle his successouris be foundun and holpun therbi forto do, wirche, and execute sum office or deede, as withoute which thei myȝten not do, wirche, or execute the same dede, or at the leest not so weel do, wirche, or execute the same deede. This treuthe

is also so open that he nedith no proof, but if it be this: Ech gouernaunce is doable ynouȝ aȝens which is no lett founde, neither bi resoun, neither bi Holi Scripture, neither bi eny other allowable wey.

The iiij^e. trouthe is this: Whanne money or other temporal good mouable or vnmovable is to be paied in the ij^e. maner of the ij^e. trouthe, it may iustli be restreyned and aȝen holde fro paiyng, in caas that the deede be not do for whos performyng the same money is to be paied and ȝouun. Forwhi thilk monei is to be paied as reward and meede to the receyuer for the doing or laboring aboute the same deede, and a reward or meede folewith aftir the deede for which he is reward or meede.

The v^e. trouthe is this: Whanne eny such temporal good movable or vnmouable is ȝouun in the first maner of the ij^e. trouthe to eny oon persoon and not to hise successouris, and is to be paied in the same first maner to the same oon persoon as bi vertu and strengthe of the same now seid ȝeuyng maad in the first maner of the ij^e. trouthe, thilk good mai not iustli be restreyned and be aȝen holde fro payment to the same persoon, thouȝ the deede schal not be doon and performed into which deede to be doon the same good was to the same persoon so in the first maner of the ij^e. trouthe ȝouun; namelich if it be not vttirli certein that the receyuer schal not performe the same seid deede. Forwhi the ȝifte of the good to the receyuer gooth bifore the deede, into which deede the receyuer is therbi bounde; and in lijk maner the payment of the same good to the receyuer ouȝte go bifore the same seid deede therbi to be doon, bi as myche as thilk payment is the fynding and the help|ing in expensis and in othere necessaries geting to the receyuer into the same deede therbi folewingli to be doon or the better to be doon. And therfore, if the receyuer wole knouleche that he wole and schal per|forme

the deede into which he is thus bounde bi the ȝifte bifore maad and the paiement to be paied bifore to him as into his fynding into the same seid deede, thouȝ it be knowe that the receyuer schal not per|forme the deede, ther is no iust wey forto therfore withdrawe and withholde thilk payment fro him. Also open ynowȝ it is, that for [Perhaps for should be cancelled.] the vndoing of a deede, which in dew ordre and processe ouȝte folewe a payment and be doon bi vertu and strengthe of the same payment, mai not be a cause wherbi the same payment schulde not be paied but be restreyned fro payment; namelich if he, to whom it schulde be paied, wole not knouleche that he wole leue the same deede vndoon. Forwhi ellis colour myȝte be take for|to lette and restreyne and wronge euery payment in the world which is to be doon in the first maner of the ij^e. trouthe, or in caas of the ij^e. parti of the vij^e. trouthe after folewing. Forwhi ech paier myȝte bere an hond to the receyuer, that the receyuer wolde not performe iustly the deede into which the payment schulde serue. And so her of and herbi schulden in|numerable grete debatis and strijfis, wrongis, and mys|chefis rise and continue. Wherfore this v^e. trouthe is to be holde as firme [as for firme, MS. (first hand).] and stable.

The vj^e. trouthe is this: If mouable or vnmouable godis ȝouun and dew to be paied to eny oon persoon withoute successouris in the first maner of the ij^e. trouthe, (that is to seie, bifore the deede into which he is bounde bi strengthe of the bifore mad to him ȝift and payment,) mai not iustli be take fro and be aȝenholde fro the seid man, thouȝ the seid deede be of him left vndoon, (as it is now bifore schewid in the v^e. trouthe,) miche rather this is trewe,—whanne movable or vnmovable godis ben ȝouun and dew to be paied

to a persoon and to hise successouris perpetuali, that ech of hem therbi and ther with performe a certein assignable deede,—that, thouȝ this man which now lyueth performe not the deede for his while, this movable good, (as cuppe or chalice, mytir, bacul,) or vnmovable good, (as hous, feeld, wode,) mai not iustli be takun fro him and hise successouris. Forwhi not oonli he him silf mai it lette bi the reclaime now in the v^e. trouthe sett which he mai make for him silf, but also he mai it lette bi lijk reclayme which he mai and ouȝte make for hise successouris and in the name and stide of alle and of ech of hise successouris. Also sithen hise successouris ben not ȝit founde in wijte or defaute, wrong were doon to hem if this good schulde be take so awey fro this man that therwith to gidere and at oonis it were take awey from hem. But so it is, that this man mai not oonis or at eny tyme be putt out of riȝt and of pos|sessioun of thilk seid mouable or vnmouable good, him abiding in the same dignite, state, or office, but that bothe he and alle hise successouris ben theryn, therwith, and therbi excludid for euer, in lasse thanne the same good be ȝouun aȝen to hem of the newe. Wherfore this man mai not iustli be vnriȝtid and vnpossessid, that is to seie, be putt out of riȝt and out of possessioun of the seid mouable or vn|mouable good; thouȝ he not performe the dede into which thilk good is [Probably is should be cancelled.] so ȝouun, and so to be paied is an helping meene or a fynding.