Here endith a compendiouse treetise dyalogue. of Diues [and] paup[er]. that is to say. the riche [and] the pore fructuously tretyng vpon the x. co[m]man̄mentes ...

The firste chapter.

DIues.

I thanke the for thou haste wel de¦clared to me the syxt precepte. Now I p̄y the enfourme thou me ī the seuē / the heest

Pauper.

The seuenth precepte is this. Non furtum fa∣cies That is to seye Thou shalt do no thefte. neyther in wyl: ne ī¦dede as saith the glose And so by this precept is forbode al maner mys takynge and al maner fals witholdynge and withdrawyng of other mennys good ayēs ther wyl. and al the menys that lede to thefte be also forbode by thys precepte as false weightys. fals mesurys. fals othes / gylous spe¦che. gyle in crafte. and gyle ī cha¦farye false werkmanship & feint laboure in laborerys that taken greate hire and do lytel therfore. Also raueyns extorcions. false witholdynge of det and of men∣nys hires. and false witholdyng of mannys right and womans. and lettynge of ther right. Al the¦se be forbode by this precept And so by thys precepte is forbode al maner thefte both bodely & gost∣ly

Diues.

What is bodely thefte

Pauper.

As saythe Reymūde. li^o.ii^o.ti^o. de furtis Bodely theft is a gilous and vnleful tretyng and vsynge of another mannys good mouable ayens the wyl of the lord that oweth the thyng to gette the thyng in the silfe to his auauntage. or to haue the vse of the thyng for a tyme or for to hy¦de it for atyme and denye ye pos¦session: though he thenke to ma∣ke restitucion / And thus sum is open theft / and sū is preuy theft Open theft is whanne the thefe is taken with hys pelfere or con∣uicte by trewe wytnesse of thefte and such thefte is punysshede by lōdes law and by holy churches lawe / Sum is do so preuely that the theefe may not be take ther∣with ne conuict / And suche may not be punisshede openly by noo lawe but only preuely by law of

conscience in the dome of his cō∣fessoure which is bounde to coū∣seyle and to saue his name & hys fame / And as the law say∣the: euery vnleful vsyng and ta¦kyng of other mannys good me¦uable or not meuable. is theft. xiiii. q̄ .v. penale & xxxii. q̄. iiii.. meretrices. For as the lawe seith there. god that forbyddeth theft. forbyddeth raueyne /

The secund chapter.

ALso leue frende ye shal vn¦derstond that as holy writ wytnesseth. there is theft and rob¦berye of mannys name and wo∣mans and y^t is cleped bacbitinge and defamynge through whiche man and woman leseth hys go∣de name / And therfore the wyse man sayth / Ne appelleris susur∣ro in vita tua. Eccl. v^o. Be thou not cleped a musterer: ne preuy bacbyter in thy lyfe. be thou not take false in thy tunge y^t thou be not shent for to that thefe y^t stele∣the a mannys good name / is or∣deyned moche shame and moche payne and ful wicked dampna∣cion is to the double tunged mā and womā and to musterys and preuybacbiters is hate & enmite and despyte. Eccle. v^o.c^o. For thys maner of theft is ful greate and greuous. For as Salomon sayth Melius est nomen bonum qm̄ diuicie multe. et super aurū & argentum gracia bona / A good name is better than many riches¦es. and good grace of good loue passeth gold and syluer {pro}ū. xxii.c^o. For the beste iuel and most ri¦chesshes that man or womā may haue vpon erth. is to haue a go∣de name and loue and. grace a∣mongys his neyghborys and in the cuntre / And therfore bacby••s lesyngmongeris and wicked spe¦kers that robbe man or woman of ther good name and bring thē in wycked name and fame: they be ye worst theues vpon the erth and they may nott be assoyled of thys thefte: but they do ther de∣uore vpon ther power: to restore man or woman ther gode name and fame: that they haue wyc∣kedly robbed theym of / And ther¦fore sayth the law that they that wyth bacbytyng destroye the go¦de name and the goode lyfe: and the good thewys of other folk be worse theues than be they: that robbe men of ther godys: and of ther catel. vi. q̄. i. de••iores / And in the nex chapter. the lawe saythe: that bacbitynge is a ful gret wic¦kednesse For who so bacbytethe

hys brother he is a mansleer and there shal no such thefe ne man∣sleer haue part ī ye kyngdome of heue / And therfore the law sayth in another place that it {pro}fyteeth not as anentys mede in heuen a mā to fast or prey or do other go∣de dedis of relegion but his thou¦ghtys be withdrawe fro wicked∣nesse and his tunge fro bacbitīg De condici. v. nichil enim {pro}dest & not only he is giltie ī bacbitīge that speketh euyl of his euē cris∣tē / but also tho that gladly here suche wicked spech and shrewed tales of ther euen cristen. vi. q̄. i. ex merito .xxi. q̄ .iii. nō solū / And therfore the wyse man sayth / put awey fro the the wicked mouthe and put awey fer fro the lyppys bacbytynge. {pro}ū. iiii. Hegge thyn¦rerys with thornes. and here not the wycked tunge. and make do¦rys to thy mouth: and lockys to thyn eerys. Eccle. xxviii. Thē∣ke y^t he wyl speke of the as euyl bihynd the: as he doth of another bihynde him / Thēke what woo and myschefe comethe of bacby∣tynge and wycked tunges: and shewe him no gode chere: but sh∣ewe him by thy countinance and thy chere y^t hys spech plesethe the not / And anon he shal cese / and be ashamed of hys malyce / For the wyse man sayth Right as the northe wynde destroieth and sca¦tereth the rayne and the cloudys soo the heuy face of the herer de∣stroyeth the t••ng bacbityng {pro}ū. xxv^o. The children of israel bac¦bited goddes doyng / and lacked the londe of byheste / whāne they shuld haue entred / & god was of∣fended with them / and bad them wend ayen bacward into desert and there he held thē fourty yere tyl they were dede euery chone: y^t cam oute of egipte: saue two mē Iosue and Caleph For they two spake good of the lond of byhest and held with god / And soo the children of the peple that cā oute of egipt entred the lond of bihest and not the faders: saue Iosue & Laleph / And that for ther bacbi¦tynge. Numeri. xiiii. Also marie the sustre of Moyses bacbyted hir brother moyses and spakeuil of hī & anon she was afoul lepre & might notte be heled til moises prayd to god for hir. num̄ i.vii.c.

The third chapter.

ALso there is theft of wor∣dys / Of which thefte god speketh by the prophet Ieremie xxiii^o.c^o. Where god vndernime∣the false {pro}phetis and fals p̄chou¦rys: which stale awey his wordis fro the peple and told not the tru¦the as god bad them: butte only sayde such thynges y^t shal please

the peple and so deseyued the pe∣ple with lesynges and with false myracles. as men do these dayis feynyng myracles of ymagis as men do these daies to maynteyn ydolatrie for lucre of offerynge & false myracles of wicked lyuers and sey that god dothe myracles for them: and so blynd the peple in falsnesse / And so they yeue the worshyp of myracles doynge to ymagis that man hath made: & to wicked lyuers goddes enemy¦es. Which miraclis only god may do & so robbe god of his worship And in that they withdraw god¦des worde. and the trewethe the goddes lawe that longeth to mē of holy church to tech. and to the peple to cun and to knowe / And so they deseyue the peple in that they be theues of goddes worde and shalbe punisshed ful hard of god for such theft of goddes wor¦de / For god sayth to euery p̄late curate and prechourer Specula¦torē dedi te domui israel & cetera I haue made the a day wayte to the houshold of israel and to my peple. & thou shalt here my wor∣de of my mouth. and shew it and tel it in my name to theim / If I sey to the wycked man y^t he shall dye for his wickednesse / And thou tellest him not butt hydeste my word. and spekeste not to hī that he may turne him from hys wickednes and leue it: that wic∣ked mā shal dye ī his wickednes and I shal seke the blod and the deth of him of thin hond. that is to say thou shalt answere for his deth. Ezech. iii^o.c^o. Also they be theues of goddes wordes that p̄¦che goddes wordes to ther owne wordly auantage: not to ye wor¦ship of god. ne to profyt of man∣nys soule / Also they be theues of goddes wordis that eleggen god¦des wordes and holy writ falsly to maynteyn errours and eresies or synne or shrewdnesse.

The fourth chapter.

ALso there is atheft of wor¦dly good. Of suche thefte Iob sayth Agrū nō suū demetūt They repe other mennys feldys & make vintage of ther mennys wynes. & take mennys clothīge fro them: and late them naked ī the colde wynter. and robbe mo∣derles childrē & pore widowis by might and spoyle and robbe the pore peple / The thefe saythe / he riseth vp in the morwe & sleth the nedy and the pore. and by night he steleth as a mycher. Sʐ deus īultū abire nō patit. iob xxiiii.c.

Diues.

Hou many spices be of theft

Pauper.

Full many. For sum tyme a thing is stolne p̄uely

withoute wetyng of the lorde or of the keper and ayens ther wyll & it is cleped mycherie Sūtyme it is do openly by might and vi∣olence wetyng the lord & the ke∣per ayens ther wyll. and that is {pro}pirly rapina raueyn / Sūtyme it is do wetyng the lord or the ke¦per and aparte ayens the wyll. but not all ayens ther wyl / vn∣der certeyn cōdicion of wynnīge not leful in the taker. and thāne it is cleped vsura. gouel or vsure in englyssh / Also al maner vn∣rightful occupiyng of any thīge lordship or any other auer ī thys world: is cleped theft / And ther∣fore saynt austē saith thus The thyng that man or woman hath by the lawe: that is his by ye law and non other mannys / And mā hath by ye law that he hath right¦fully and he hath that rightfully that he hathe wele / And therfore sayth he / euery thyng that is mis had is other mennys / and euery man hathe his goode amys that vseth his gode amys In eplā ad macedoniū / Also witholdyng of almes from the pore nedy folke: is theft in goodes syght / For the couetous rich men withdraw fro the pore folk that longeth to thē and misspende the pore mennys good wherby they shulde be sus∣teyned / And therfore the wis mā sayth. Sone defraude thou not the almes of the pore mā / ne tur∣ne not awey thin iyen fro the po∣re. ne despyse not the hūgry sou∣le. ne tene ne angre thou nott the pore in his mischeffe / Torment thou not the hert of the nedy: ne delay thou not the yift from him that is in angwyssh / Cast not a∣wey the preyer of him that is de∣sesed: ne turne thou not thy face awey fro the helplese for wrath ne yeue thou not him that axeth the goode non occasion to curse the byhynd the / For if the pore man curse the ī bytternes of sou∣le: hys prayer shalbe harde / For he that made hym shal here hym And therfore make the plesaunt in speche to the congregacion of pore folk / and bowe thyn ••ere to the pore without heuynesse: and yelde thy dette and answere pesa¦ble thynges and mekenesse: nott to arunt them ne rebuke them ne chyde theym but only thou haue the more open cause. Eccle. iiii^o. Therfore saynt Poule saythe: y^t god louethe a gladde yeuer.

Diues.

By the lawe of kynde & by goddes lawe. al thynge is co∣mon / And therfore sayth the law xii. q̄. i. dilectissimis Right as the eyre ne the lyght of ye sōne may not be departed by lordeshyppys ne aproprid more to one persone

than to another: ne to one colle∣ge more than to another: no mo∣re shuld other thynges that be yo¦uen comonly to helpe of mākīd. be departed by lordshippis: ne a∣propred more to one thā to ano∣ther. but al thynges shuld be co∣mon / And therfore we rede Actu∣um iiii^o. that in the begynnynge of holy church alle thynges were comon to the multitude of cristē peple / And ayens lawe of kynde is no despensacion. Destīc. xiii. S. i^o. Why bad god thāne y^t men shuld not stele. syth al thynge is comen to gode mē

Pauper.

By goddes law: al thyng is comon to gode men / For as saythe saīt austen Omla sūt iustorum / Alle thynges be the rightful mennys But as the law sayth. xii. q̄. i: di∣lectissimis Dyuision & {pro}perte of lordship is made amonges man kynde by wyckednesse of fals co¦uetyse. both of riche and of pore. For the rich drawe to themsylfe. that longeth to other For why al that the rich man hath passynge his oneste liuyng after the degre of his despensacōn. it is other mē¦nys and no hys / And he shal ye∣ue ful hard rekenīg therof at the day of dome whāne god shal sey to him / Redde racionem villica∣cionis tue / yeld acoūte of thy ba¦lye / For rich men and lordes in thys worlde be goddes balyfes and goddes reues to ordeyn for the pore tolk and to susten them And therfore sayth saynt Poule Habentes alimēta & quib{us} tega∣mur: hiis contēti sim{us}. If we ha∣ue nedful lyfelode and hilīge: be we payd therwithe. and couette we nomore Also pore folk be not payde with sufficiēt lyuyng but couete more than theym nedethe And for couetyse: more thā for nede take thynges ayen the lor∣des wyl. in hynderīg of hym and of other that be more nedy. and shuld be holpe therby / And ther∣fore god forbad al maner thefte that mē shulde take no thīge for anymis couetise ayēs the lordes wyl.

The fift chapter.

DIues.

Syth alle thyng is comon by goddes lawe: & by lawe of kynde: hou maye any mā be lord of any thīg. more thā another man

Pauper.

There is lordship of kynde. & there is lord¦ship of this world groūded only ī couetyse. & there is lordeshyp of despensacōn and of gouernaūce and so Ioseth the sonne of iacob was cleped lord of egipt. Gen̄. xlv.c. The first lordship is comō to euery gode man and woman. For kynd made alle men euene

in lordshyp / And in token therof both lord and seruant fre & bond rich and pore: come īto this worl¦de naked and powre: and wend hens naked and pore / Nought they bring with them. but wepīg sobbyng and forow / And here no thyng with them: but ther dedys gode or wycked / The lordshyp of thys worlde is sufferable and worshipful / For as saynt Poule saythe / Omīs potestas a deo est / Euery power and lordship ī this world cometh of god / And ther∣fore he biddeth that euery man & woman shuld be subget and me¦ke to the lordship aboue thē For though the couetise and wycked¦nesse that lordes and ryche men ground theym in be of themsylf. yit the lordship & power is of god¦des yift: as sayth saint Austen. & therfore it moste be worshypped. The lordshyp that is only of di∣spensacion cōmytted by a soue∣reygne is medful worshypful & comendable / Also ther is thre ma¦ner of {pro}perties & {pro}pirhed / One is that kynd yeuethe. as man to lye. And euery man hathe hys owne hert. his owne sowle & hys owne wyl. for to do wel or euyl and this {pro}pertie is nedful / Ano∣ther {pro}pirtie there is. that cometh only of couetyse. by which coue∣tise folk say. this is myne & thys is thyne / And so they propren to themsilfe by couetise: that is co∣mon by kynd / And thys {pro}pirtye so groūded in couetise is dāpna∣ble and synful / The thirde is di∣spensacion / For one man hathe moch thyng in hys dispensacion & gouernaūce: that another man hathe nought to do of / And thys dispensacion comethe sūtyme of goddes gyft. as whanne he sent one man more riches ī this worl∣de than another Sumtyme it co¦meth by ordinaunce and yifte of lordes and of souereigins here in erth: As whane lordes & prelatis cōmytte to ther subgetys gouer∣naunce of ther godys of ther pla¦ces and benefices. And thys di∣spensacion if it be wel do it is ful medful:

Diues.

But as saynte Poul saith / it is a question / who is found trewe amonge suche di∣spensouris / For nigh al seke ther owne profit. but not the worship of Iesu crist

Pauper

Many be ful false / And yit sythe dispensa∣cion of worldly goodys is so cō∣mytted to theym / in that they ha¦ue lordship of ther propre dispen¦sacion ordeyned of god: and be cleped propre lordes of ther pro∣pre dispensacōn / not for ther fal∣se couetise / ne for no properhede that they chalenge by false coue∣tyse / For ī that be they no lordes

but tyrauntys and rauynourys. And so though they haue propre lordship of dispēsacōn of world∣ly godis more than the pore peo∣ple: they haue yit no more lord∣ship by wey of kynd than the po∣re mā / ne non other lordship thā the pore man. but only of dispē∣sacion / And so thoughe the riche folk haue more lordship of pro∣pre despensacion thāne the pore yit the lordship of kynd ī nedful thynges stondeth styl comon to riche and pore / But for synne it is not so fre. as it was byfore the synne of adam For god wyl not that the pore folk take any thīg without leue of the propre dispē¦satour that is clepid lord therof & therfore god sayd. Non furtū fa∣cies. Thou shalt do no theft / y^t is to say. thou shalt nought tak w^t out thy lordes leue /

Diues.

this is wonderful to me that the po∣re man is as grett a lorde by wey of kynde as the rich and yit may he nought take without his leue

Pauper.

It is more wondre y^t the good pore man is lord of alle thynge nedful to him by weye of kynde. and the synful riche man is lord of rightnought by wey of kynde. for he is goddes traytour And yit god wylle that the pore take rightnought of the goode y^t the riche man hath in his dispen∣sacion without leue:

Diues.

that is to me more wonderful tel me hou this may bee:

Pauper.

Thou might se at ••ye y^t the kyn∣ge heyre aparāt & other heyris of grete lordshippes: not withston¦dyng that they be heyrys and lor¦des of all: yit shal they not entre the office of ther officers / ne take any thyng ayēs: ne bere ayēs w^t out leue And if they do: they shal be hard vndernome: and in case bete of ther master and of ther tu¦toure / For fredam in youthe is cause of pride and of many other vices / Right so god seynge that mankynde wich is lorde of al er∣thely godys and ordeyned to reg¦ne in heuen blysse: If he had hys fredam in vse of erthely thynges he shuld falle in pride and many vices as adam did while he was fre / Therfore he hath put mākīd and namely the pore people vn∣der the gouernaunce of the ryche folke / and of ther lordes whyche be ther tutourys & dispensatou∣rys of godys of this world to sal¦uacion of the pore people / And therfore saynt Poule saythe: Quanto tempore heres peruul{us} est nichil defert a seruo cū sit do∣minus omnium. sed sub tutori∣bus et auctoribus est vs{que} ad p̄∣finitum tempus a patre. ad gal. iiii^•. As longe as the heyre is yōg

yonge and lytel. ther is no diffe∣rence bitwene him & a seruaunte sithe ther is a lorde of alle / but he is vnder tutour and gouernoure vnto a certein tyme ordeyned of the fader And therfore sith the ri∣che folke ben tutours & dispēsa∣tours of these worldly godes or∣deyned of god to saluacion of ye pore peple / god wole y^t nomā ta∣ke of the godes y^t been cōmittyd to them withoutē their wyll and their leue. And if any man take therof ayēst their wylle & ayenst goddes ordenaūce / he doth theft ayēst this p̄cepte. Nō furtū faci∣es. Thou shalt do no theft.

The vi. chapter.

DIues.

Is it lefulle in any cas to stele. and take any thinge ayenst the lordes wylle

Pauper

Stelth sowneth comō¦ly theft & robbery / and sūtyme it sowneth priue takyng without wittyng of the lorde. And soo it may be done in iiii. cases with∣outē synne For nede. for almes. for right / for happe of fyndinge. First for nede & mischeif / for if a¦ny man or woman for myscheif of hungre / or of thrist / or of cold. or of any other mischeif. Whiche mischeif he may nat flee. to saue his lif but he take thinges ayēst the lordes wylle. If he take any thinge so in {per}el of deth / or in gre∣te mischif / nede excuseth him fro synne / & fro theft. if he do it only for nede & nat for couetise. And he oweth to enfourme his cōsci∣ence & thynke y^t if the lorde of the thinge knewe his myscheife. he shulde nat be mispaied. & thāne dothe he no theft / for in the laste nede al thing is coēn Also for ye lorde is bounde to helpe him at y^e nede. & also for nede hay no lawe Example we haue in the gospel wher we fynde y^t the disciples of Criste for hūgre toke erys in the felde & gnyddyd theym / & ete the corne for hungre The phariseis were asclaundryd therof & saide to Crist y^t his disciples dyd thing y^t was nat leful. And thāne criste excused them for nede of hungre & saide that they were vngiltie & īnocentes in that. And he putte them example of dauid. that ete for nede of the holy loues in god¦des tabernacle / whiche loues on¦ly prestes shulde ete by the lawe. M^t. xii.c. For it is a generalle rule in the lawe / that nede hathe no lawe.

Diues.

Is y^e man y^t so takith for nede boūde to restitu∣cion

Pau{per}.

Naye. And yit for more sikernesse. & to putt him in drede of stelth / his cōfessour shal yeue him sūdele penaūce for ya•• doynge. Also by weye of almesse

the wyf may take of her lordes gode in whiche she hath dispēsa∣cion / as in mete drynk & clothes & yeue almesse mesurable to the nedy / & thynke y^t her husbonde shulde be pleasyd with her yifte. if he sawe y^e mischeif of the pore. & if he sūtym̄ forbede his wyf / to do almesse / she shal nat ful cease from almesse discretly doon For husbondes make ofte suche ini∣bicions to their wyues to tem{per}e ther yeuyng nat fully to let hem

And if she see y^t her husbonde be sclaundryd & wrothe with her ye∣uyng. though his wrathe be vn∣s••rilful. she must tēpre the more her yeuyng But whāne she may wele sūwhat yeue for them both with gode cōscience. Nathelesse if she se him greatly agreuyd for ••eryeuynge / and he forbede vt∣terly her to yeue almesse / thanne it is gode that she obey to his bid¦dynge & be sory y^t she may nat ye¦ue / and be alway in wyl to yeue if she durst. & so wynne her mede by wylle alone / as she dyd bifore by wyl and dede.

Diues.

If ye wif haue gode in {pro}pre by her self Bona {per}afernalia. may she natt yeue therof withoutē her husbō∣des wylle.

Pau{per}.

She may ye¦ue. & she is bounde to yeue / & he oweth nat to lette her

Diues.

I suppose. y^t the husbonde forbede his wyf vtterly to doo almesse of his gode & she se a mā or a womā in vi•• mischeif / may she nat thā ••eue them almesse & helpe theym

Pau{per}.

in y^e nede she is boūde to yeue & she shal yeue / & thynke y^t if her husbonde sawe yat nede he shulde nat be mispayed. ¶we rede in the firste boke of kinges. xxvi.c. y^t ther was a greate ny∣garde & an angry shrewe. Whose name was nabal. He had a gode womā wise and faire to his wyf whose name was abigail. That tyme dauid fledde the {per}secucion of kynge saul. & lyued in deserte w^t vi. hundryd men with him as outlawes. And for mischeif he sente x. men to this riche nabal. praynge him of sūme almesse in mete and drynk But this nabal dispised dauid & his messangers. & clepyd them theues & outlawes and flemyd men / and wolde noo gode yeue hem / nat withstōding that they had sauyd his goode / & his bestes / al the tyme that they were in deserte. Whanne dauid herde these tidīges he was wroth and came with iiii. hundryd mē. to sle nabal / and alle that lōged to him. It hapnyd that a seruāt of nabal tolde his wyf abigail. howe Dauid hadde sent messan∣gers to Nabal: and howe he had despysed theym.

Anon Abigail without wytting of Nabal charged Assis with bre¦de and wyne with soden flessh of fyue shepe. figges & with reisens and other vitayles grete plentye and sent to / Dauid by hir seruā∣tis: and she folowed after: and happened to mete Dauid in hys comynge / Thanne Dauid repre¦ued hir husbonde Nabol of hys vnkyndnesse: and seyde he shuld sle him / & al that longed to hym. Thanne the good woman Abi∣gail felle doune to grounde and worshipped Dauid. and prayde him of audience / Thāne she ax∣ed mercy to hir husbonde Nabol and excused hirsilf. that she wyst not of his massēgers whāne they were there and prayde Dauid y^t he shuld not so venge himsilfe & taught him moch goodnes. and proficeid to him moch welth and prayde that he wolde accepte hir presaunt. and so he did / Thāne Dauid sayde to hir / Blessed be oure lorde god that sent the this day to me / and blessed be thy spe¦che. and blessed be thou that this day hast letted me fro sheddyng of blode to venge mysilfe / And thanne Dauid turned ayen into desert. & she cam home ayen and fond hir husbond nabal at soper solē••ly But that night she spak nought too hym of that mater. for he was ful drunken / But in the morowe whanne he was so∣bre: she tolde hym what she had do to saue his lyfe / And anon his herte died for sorow / and he wex heuy as a stone / and with in ten daies he died wicked deth. & than Dauid wedded his wife Abigal Also if man or womā stele awey mannys swerd whanne he is wo¦od to lette hym of manslaughter of himsilfe: or of other: he dothe no theft ne synne. Also by cause of rightwisnesse man maye take aweye other mennys goodys a∣yens ther wyl. as in rightful ba∣teyle: soo that they that feyght rightfully ayens the vnrightful take ther goodys not for coueti∣se: but for rightfulnesse to shewe y^t they haue ocupied tho goodys wrōgfully / But if they take ther goodys for euyl couetyse: they do raueyne. thoughe the dede be rightful in the sylfe.

The seuenth precept.

DIues.

If a thynge be loste and he that fyndethe it ke¦pe it stylle: is it thefte.

Pauper.

He y^t findeth it: is boū¦de to restitucion: if he may wete to whoom it longethe. And

therfore he shal do men to wyte of the fyndynge by open spech in toune strete and in churche / that he that oweth it may chalenge it And if noo man chalenge it: he y^t fōde it may by auctorite of awis confessoure kepe it stylle if he be pore and nedy and pray for him that aught it or elles yeue it to o∣ther nedy that they may pray for hym y^t aught it: & so make resti∣tucion Therfore saynt Austen saith in omelia. if thou hast foūd any thynge / and not made resti∣tucion: that thyng thou hast sto¦len / For he saith / god taketh mo∣re hede to ye hert than to the hōde And therfore thefte is doonin a∣smale thynge: as in a grete For god chargeth not the thyng that is stolne: but the wicked wyl of the steler as saith saīt austē & saīt gregori / And therfor if children ī ther yongthe stele pynnes or ap∣ples or any other smale thynges anon as it is {per}seyued / they shuld be hard chastised in ye begynnīg For the philosofre sayth Princi∣piis obsta withstond the begyn∣nynge of vices and of micherye. For whāne childrē in yonge by∣gynne to haue lykynge in my∣cherie / though the thyng be smal ī valu: ther synne is not the lesse ne the synne of theym that suffre thē: Therfor it is goddes dome y^t whan they be not chastysed ī ther yongth for such mycherie after∣ward they stele gretter thynges: and be hanged. to shame & shen∣shyp of al ther kyn / And therfore as boicius de disctplina scolariū telleth whāne a mannys sōne of Rome shuld be hanged: he p̄yed hys fader to kys him And he bo∣te of his faders nose. seiyng to hī Thenke wel fader on this tokē: and chastice better thy chyldren. For haddest thou chastysed me wel in myy outh I shuld not ha¦ue be hanged / Therfor the wyse man sayth / Qui parcit virge o∣dit filiū suū &c. He that spariehe the yerd: hateth hys sōne. And he loueth his sōne that chastiseth hī and techeth him besely. {pro}ū .xiii. We rede that on a tyme a powre mā was tēpted to ete goos flessh but he durst not stele for drede of hangīge. On a day he met wyth the fend and he bad hī stele a go∣se and ete enough at onis And he did so / And sone after he stale an ox and was take & led to the ga∣lowes And thanne the fend mete with him & sayd to him wheder a wey Thāne the these sayd to the fend: woo worth the wicked wi∣ght: for thou hast brought me to this end / Thāne sayde the fende blame me not / for thou mightest se by ye byl that it was no goo••

The eight chapter.

DIues·

I suppose a mā ha∣ue borowed a thyng. & he that lent it him takethe it aweye fro him p̄uely ayens his wyl. & a¦yens the couenaūt of the lenyng do that man theft. so takynge a¦yen his own gode:

Pauper.

He doth theft For it is not for y^e time fully hys owne goode. as saythe Raymūd li^o.ii^o. ti. de furtis / And if lord or lady: or any other man bytake his seruaūt or his officer any thynge to kepe. and he take it awey fro him without his we∣tīg: for fals couetyse or for ma∣lice to endaūgere the seruaūt. he doth theft / For though the thīge be his own: yit it is not frely hys own: as long as the seruaunt by his assent hath kepīg and despē∣sacion therof.

Diues.

I suppose a man weneth to take hys owne gode whan he taketh anoter mā¦nys gode ayens his wyl / or if he take his owne goode vnlefully. Wenyng y^t it were leful so to ta∣ke it doth be any theft in this ca∣se:

Pau{per}.

Nay For all though in case he do vnlefully: yit ī thys case be doth no theft ne dedly syn¦ne: And yit he is boūd to restitu∣cion / Theft īcludeth alwey gy∣le & falsnes without which is no theft: And if a man take of ano∣ther mannys gode withoute hys wittyng if he haue a iust caus to wene y^t he shuld not be mispayde though he wist it thā doth he no theft ne sine / & if he take another mānis gode wenīg that it be not his wyl though it be his wyl y^t he take it: yit he doth thefte & dedly synne in goddes sight: But he is not boūd to restitucōn whāne he knoweth y^t it is the lordis wil: ne the lorde may not axe restitucōn syth it was his wel / If aman or womā by mis eggīg take awey another mannys seruant he doth theft / If a man selle or bye man or woman that is fre. or yeuethe him or taketh him of gift ayens his wyl / he dothe thift: as saythe Raymūd. Vbi sup̄. If a man or womā be take presoner ī time of rightful bateyl he is not fre And therfor his master may yeue him or sel hī by lawe of armes: Butte ware him of law of conscience: & of charitie:

Diues.

If a man ha¦ue hired or borowed an hors or a¦ny other thing into a certeyn pla¦ce and for a certeyn tyme: and he pas that place or his tyme ayēs hys wil that owethe that thynge doth he theft:

Pauper.

If he do so of purpos and for couetyse or sum euyl cause / he dothe thefte But if there falle a sodeyne case whāne he comethe to that place

¶that he hyred it to and

he knew not of that case whāne he hyred that thyng / and hī most nedis {per}fourme that case: or elles falle in grt harme: thāne he may take that hors or other thing fer¦ther and lenger without: theft so that he may truly paie for that y^t he passeth in the first couenaunt

Diues.

And what if a man lene awey another mannys good wi¦thout assent of hym: which good he lent him to his vse.

Pau{per}.

he doth thefr: But he haue iust cau¦se to wene that the lord of ye thī∣ge shal not be mispayd / For in y^e lening he vseth another mannis gode ayens his wil for lucre and wynnyng of frendshyp / And if a man lene another any thyng vp¦on a wed. And he vse y^e wed without leue of hym that oweth it: he doth theft / but it be for sal∣uacōn of ye thīge For if he vse it for sparīg of his own gode for lu¦cre or for fals couetise ayens his wyl that oweth it. he doth thefte as sayth the same clerk If athīg stolne perissh. thoughe the theefe haue no profyte therby: yit is he boūde to restitucōn. and he most yeld as gode or better thā it was whā he toke it And he is boūd to mak restitucōn both of ye thīg & of the {pro}fyt that cam therof to hī And for ye {pro}fyt that shuld haue come therof to the lord in the ty∣me that ocupied it ayens his wil And if he haue amēded the thing that he stale / he may nott axe a∣yen ne withold his expēsis / And he shal make restitucion after y^t the thyng was worth whanne he stale it or better If the thefe {pro}fre the lord in couenable tyme & pla¦ce the stolen thīge: and the lorde wyl not receyue it: if the thynge after that by mishap perisshe: the lorde hath non accion ayens the thefe for the lettīge of restitucōn ne for the {pro}fyte that might haue come therof after that he {pro}fered it to him: but for the tyme byfore If a mā haue stolen a thīg he is bound not only to restitucion of the thynge: but also of the value of the vse.

Diues.

If a man or woman bye in open markette a thyng stolen: wening that it we∣re not stolen: whanne he know∣eth the soth. may he axe the pry∣se of that thyng of him y^t owethe it: or withdraw it: til he haue pat¦ed hī as moch as he payd therfor

Pau{per}.

Reymūd & other clerkes sey nay. And therfore be ware a∣nother tyme / both for losse of his and also for susspeccion of theft. for lightly for beggīge of stolen thīg he might be take as a thefe / Nethelesse he my rightfully axe hys payment of hym that sold it to hym whanne he hath restored it to the lorde of that thynge / & if he spēt any thyng in amēdemēt

of that thyng while it was in his kepyng: he may with good fay∣th axe that of him that owth the thyng without restoryng of the prophet that he had of that thīg: bifore he wyst that it was stolen But whāne he knowethe that it is stolen. & other mennys kepeth it stylle for couetise or any other vnleful cause: he is boūd to resti¦tucōn fro y^e time as long as he ke¦peth it of the {pro}fyt to the lord: If the thing perissh while he kepe it not knowyng that it was stolen by good feyth: he is bound to re∣stitucion / And if he solde it awey or yaue it or he knew of the stel¦the be is not bound to restitucōn of the thing. but of the {pro}fyt. if he be amēdyd therby and this is go¦de lawe of cōscience / If a mā ste¦le fro a rich negard or an vsurer. any thyng to do almes: he dothe theft / Quia nō sunt faciēda ma¦la vt veīāt bona .xxxii. q̄. iiii. sic^t non sunt / For as saynt Austen. sayth. alle though he yeue in al∣mes al that he hath take in stelth he is not excused of thefte. for he putteth synne to synne / First he steleth / and in y^t yeueth it awey he makethe himsylfe vnable: to make resttuicōn / And though a man purchase moch good falsly and do almesse of y^e misgote go∣de he is not excused of rauayne.

The nynth chapter.

DIues.

May not cristē mē stele yong childrē of iewes & of hethen peple. & baptise them ayens the wyl of ther fader and moder /

Pauper

Nay / And that for thre skilles / Fyrst to fle perel of the feyth / For whāne they co∣me to age they myght lightly be peruerted fro the feythe. by mys eggyng of the fader and moder. Also by rightful lawe of kynde the childe is vnder cure of the fa∣der and his moder and of his frē∣des tyl he come to yeris of discre¦cion But whanne they be in age of discrecion / they may be criste∣ned ayens the wyll of ther fader and moder: but nott ayens ther owne wyl / Also it was neuer the maner of holy church to cristene yonge children of hethen people: ayens the wyll of ther fader and moder / And if it myght haue be don lefully saynt Siluestre and saynt Ambrose & other holy men of holy church shulde haue gette that leue of cristen prynces that were lordes that tyme: bothe of cristen and hethen people But they axed neuer that leue: ne did it by ther owne auctorite: as sey the saynt Thomas In quadam

¶questione de quolib{bus}.

& sm̄▪ cōf. li^o.i^o. ti. iiii. Vtrū pueri.

Diues.

If a woman stele any thyng or she be wedded. may she make restitucōn after that she is wedded without any leue of hir husbond:

Pauper.

If she haue stole thyng: she is boūd to make restitucyon therof / thoughe hyr husbond ayen say it: For hir hus∣bond hath no right in that thing And if the thynge stolen be was∣ted: she is bounde to make resti∣tucion if she may of hir owne tra¦ueyle and of hir owne wynnīge But of hir husbondys godys: ne of ther godys in comon she may not wele make restitucion with oute his leue: but if he were con∣sentynge to the thefte / and if the husbond stele any thynge: if the wife consent therto or haue part therof in etīge and drynkyng or any other vse: be it with hir wyll be it ayens hir wyl. she may pre∣uely make restitucōn of ther co∣mon godys / For in that she doth no gyle ne theft to hir husbonde. but she doth that ••e aught to do But if he forbid hir vttrly to ma¦ke restitucion: and she be not cō∣senting to the theft it is siker thā to hir to obey and make no resti∣tucion ayens his wyl / & thoughe she dyd / it were no dedly synne. And if she stele any thyng: & hir husbond be cōsentyng therto: or wetingly taketh part of ye theft she may make restitucion p̄uely of ther comon godys: if she maye not do it of hir own laboure. Hec sm̄. confes. li.ii^o. ti^o. vi^o. qd de illa

Diues.

If a man haue late hys house or place to ferme for acertē tyme may he in any case put the fermore out within that tyme.

Pauper.

In many case he may put him out: First if the place be nedful to his owne dwellīge. for his other place that he dwelled ī: whanne he lete that to hyre is pe¦risshed by fire or by mishap: or ta¦ke fro him: and he hath nō other to dwelle in / But if he had non o¦ther whāne he lete him to hyre: he may not put him out for that ne¦de / For he might auysed hī whā he lete it so to hyre / Also if the house haue nede of amendemēt. Which byganne after that he le∣te it him to hire / But in these two casis he moste alesse the hire that the fermoure shulde paye for the time y^t hath dwelled therin Also if the fermoure myssvse the house and the place / as if he kepe swy∣ne in house of onestye: or waste the place / And in theyse casys he may do hī pay ful paimēt for ye tyme that he hathe ocupied it: & make amendys for such harmes And if he fayle gretly of his pay /

¶ment at hys terme: an••

breketh couenauntys made by∣twene theym / Also if by his foly and hys faute he brynge the lōd oute of tilthe / Also if the lorde of the house or place / falle in greate harme & enmyte by defaute of ye fermoure Also if the fermoure ke¦pe open theues or open lechours or other malefasouris in his hou¦ses: or hys reseyuourys: of suche wicked folke: thanne maye the lorde skilfully put hym oute. Sm̄. cōf. li.ii. ti. vltīo. in quibus

The tenth chapter.

DIues.

If a mā by gyle do another mā sel a thing y^t he thought not to sel or doo hym sel it for lesse than he thought haue solde it: Doth that man any synne / As these men that tel folke that there is moch corne & moch salt comynge newly from biyonde the see. & so make men to sel greate chepe ther corn and salt y^t they haue: that they maye they msylfe afterwarde sylle ther corne and ther salt the derer And as chapmen that come home by tymes byfore other: tel that ther felowes be take of enemyes and that lityl more chaffer shal come And so by lesynges they sell ther good more dere than they shuld ells selle

Pauper.

They synne greuously. and in maner they do theft / Netheles the contract that men make withe theym in byīg and sellynge moste stonde: but if it be ouerdon outrage and opē falshede / Butt he moste doo pe∣naunce for his lesynges and hy•• gyle

Diues.

Is it leful to sel a∣thynge for more than it is worth

Pauper.

If the seller selle any thyng for more than it is worth to begyle the byer. he doth greate synne and theft / But if he do no gile ī his sellyng than he may sel it after that they accord / For al¦though it be not so moche wor∣the to another mā as he selleth it for: yit ī case it is so moch worth to hī y^t begeth it. & he that selleth it may not forgo it for lesse price withoute greate damage / And ī thys case one thinge may be sold for mor thā it is worth ī ye silf by comō estymacōn but if ye seller may forgo it w^tout damage so y^t he haue the valeu by comon esti¦macion he is bounde too selle it for the comon vse. and nomore take therfore / And if the seller be moche harmed by the sellyng: & the byer moch amēded by the by¦ynge: he owethe by good consci∣ence if he may do sum reward to the seller. although londys lawe compel hym not therto / And the

same owith the seller to the byer. if the seller be moche amēdyd by that sellyng / and the bier moche apeyred

Diues.

It is harde to knowe what is the righte value. of a thynge

Pauper

The right value and the iust price of thing is after y^t the comō market gothe that tyme And soo a thing is as∣moche worthe as it may be sold to. by comon market. Tāti va∣let quanti vendi potest. Hec sm̄ con. li.ii. ti. viii. q̄. i. et q̄. ix. If a man or womā selle a thing for gode and he knowe a defaut therin by whiche defaute the bier is disceiued / he doth gile & thefte Also and if the bier begile soo the seller. And therfore god seyde to the false iewys. Argentū tuū ver¦sū ē in scoriam / et vinū tuū mix∣tū est aqua Thy siluer is turned into drosse of siluer and into fals metal •• and thy wyne is medlyde with water. ysa. i^o And therfo•• they that begile folke with false money wyttyngly / do grete syn. and perilous theft Also if he selle wyttyngly by fals measure / and by false weightes And therfore god saith thou shalt nat haue dy¦uerse weightes more and lesse / to bye by the more / and selle by the lesse. Ne thou shalt nat haue a more busshel and a lesse busshell. ne none other fals diuerse mesut But thou shalt haue iuste weiʒt and true and euen busshel & true. that thou may lyue longe in the londe that god shalle yeue the God hatith that man that dothe suche gyle / and he hatith al ma∣ner of vnrightfulnesse. Deutro. xxv. Also if man or woman sell seke thing for an hole thing wit∣tyngly to begile the bier / he doth theft / and is bounde to restituci∣on. And though he knowe nat y^e defaute / whan he sellith it / whan he knowith yat defaut he is boū¦den to make sūme recōpēsacion. as saith the same clerk in the sa∣me boke and place. q̄. xi. Also if the seller sel a better thynge than he wenyth to selle in grete dāma¦ge of him self / as if he selle golde for latō. or if he sel a gode thing for a smalle price / wenyng that it were litel worth if he be moche harmyd therby / the bier is boūde to restitucion or recompēsacion.

Diues.

Is the seller holden to tel the bier the defautes of a thīg that he sellith

Pauper.

If the defautes be preuy and {per}ilous / he is holden to telle them to the bier and selle that thing better chepe. For if he sel an haltyng hors for a swyft hors / and a ruyno{us} hous for a stronge hous / it is {per}ilouse. and harme. to the bier / and he is bounde to restitucion But if the

defaute be open / and thoughe it may nat serue ye seller it may ser¦ue the byer / thanne it nedith nat the feller to tell the defautes but he is boūde to selle it for the lesse prise.

Diues.

May a man selle a thing a derrer thāne he bought it. to

Pauper.

Elles mighte no man lyue by his marchaūdise ne by his craft He must take vp his costes and susteyne him and his by measure and worship god and holy churche / and helpe the pore nedy after his estate And for this ende it is leful and nede∣ful to the chapmā & to the werk∣man to selle thynge derrer thāne he bought it. to And therfore seīt Poule saith. that no man is hol¦den to trauayle on his owne cos∣tes for the comynute / neither in knighthode ne in chapmanhode ne in werkmanship. And they y^t with false othes / and lesynges / & slye speche begile folke in byeng and sellynge / synne greuouslye. & be holden to restitucion / if they begile so folke wyttyngnly.

Diues.

If ii. {per}sones betake the thridde {per}sone a thing to kepe by couenaunt that he shal nat deli∣uer it but to them bothe to gider. is he bounde to kepe couenaunt

Pau{per}.

yhe forsothe.

Diues.

And what if he deliuer it to oone of them in absence of the other / & withouten his wyttyng

Pau{per}.

He dothe amys / and yitt neither of hem hath lauful accion ayēst him for to compelle him to yelde it. For he that resceyued it ayen hath none accion to hym / for he toke it him ayen. And the other. hath none accion ayēst him / for he is nat bounde to him withou∣ten the other that made the coue¦nant with him / and hath rescey∣ued it ayen. Thus saith Hostiē∣sis in sū. li.iii. Rubrica de depo∣sito. S. cui detur. v. si vero.

The xi. chapter.

DIues.

May nat a mā do almesse of euyl gotē gode

Pau{per}.

Salomon saith. Immo lantis ex iniquo: oblacio est ma∣culata. The offrynge of him y^t offceth of euyl gotē gode / is spot¦tyd and foule in goddes sighte And he that offreth sacrifice of ye pore mannes gode / is lyke him. that sleeth the sonne in the sight of his fader. And god that is highest approueth nat the yiftes of the wicked mē / ne takith hede to their offrynge. Eccle. xxiiii. And therfore Salomon saithe Honora deum de tua substācia. Worship thy lord god with thyne owne gode / nat of other mennes

gode Prouerb. iii. And Tobie saide. Ex substancia tua fac ele¦mosinā. Of thyn owne gode do almesse. Tobie iiii.c.

Diues.

Contra. God biddeth in the gos∣pel that men shulde make theim frendes in the blisse of heuyne of richesses of wickednesse / Facite vobis amicos de māmona iniq∣tatis. Therfore it semyth yat it is leful to do almes of euyl go¦ten godes

Pauper.

In thre ma¦ners a thing may be euyl goten / For sūtyme it is so mys goten y^t it must be yolden ayen to him y^t oweth it / as in thefte / raueyne / & vsurie if he may be founde. And so of mys goten gode men shuld do none almesse / but yelde it ayē Also a thing is mys goten whan bothe yeuyng and taking of the thyng is ayenst goddes lawe / & both the yeuer and the taker lese their right / as in symonye. And therfore neither they may do ple¦saūt almesse of that gode so mys goten. Also a thynge is mys goten / whanne the dede and the crafte that it is goten by is so vn¦leful that the taker may kepe it stylle lefully / but the yeuer may nat axe it ayen / as thinge goten by licherye and by synful iapery of irregulers of mynstralles wit¦ches / and suche other. Which ma¦ner wynnyng is clepid foule wī∣nyng. that is Turpe lucrū in la∣tyne. And of suche euyl goten gode they may do none almesse. But they shulde make no open offrynge at the auter ne sacrifice of so mys goten gode. And ther∣fore god saith. Non offeres mer∣cedē {pro}stibuli in domo dn̄i dei tui quia abhominatio ē apud deum Thou shalt nat offre ye mede of the woman a comen lechoure in the house. of thy lorde god / for it is abhominacion to god. Deu¦tro. xxiii. And officers of kin∣ges princes lordes and ladies of busshoppes and prelates / y^t take yiftes of men by comyn custome or by {pro}fre / that they shuld mayn¦tene them and yeue them fauour in their causes / they may doo al∣mes of godes so gotē / al though it be ful ofte euyl goten .xiiii. q̄. v. non sane. For to suche Cryste bad that they shulde make them frendes in heuene / of richesses of wyckednesse / that is to say of ri∣chesses so mys goten For he that taketh it hath noo righte therto.

Diues.

Why praysed Crist in ye gospel the false baily that so for yaue men their dett / in fraude of his lorde / to haue thanke of hem and helpe at nede. For he forya∣ue one the halfdele his dett / A no¦ther the fifte parte of his dette.

Pau{per}.

Crist prised nat the fals

••al••••e. Butt Cryste saith that his lorde praised him nat for his fraude but for his slighte that he dyd in helpe of him self ne Criste tellith nat that parable in the go¦spel / that men shulde take exam¦ple of his fraude. to helpe theym self by fraude of robbere of other mennys gode / but to teche mē to make theym frendes by dedes of mercy and of almesse / and forye¦ue other men their dettes as they wole that god foryeue them ther dettes and make them frēdes / in heuene w^t richesses of this world

Diues.

Why clepyd Crist riches¦ses of this world richesses of wic¦kednesse

Pau{per}.

For they been to moche folke occasion of mo∣che wyckednesse. and moche dis∣ease of hate / wrath / enuye / of de¦bate of plee and of grete discensi¦on And it is ful harde to gete thē or to kepe them withoutē synne. and grete disease And therfore seint Poule saythe that they yat coueyte to be riche in this world. fal in the feendes snare. And the wiseman saith if thou be riche in this worlde / thou shalt nat be vn¦giltie ne cleen from synne. Alsoo leue frende ye shal vnderstonde. that wyckednesse in holy wrytte is taken nat only for synne / but also for peyne and disease & mys∣cheuys of this worlde And so go¦des of this worlde been clepyd ri∣chesses of wyckednesse / that is to say of peyne. and disease. and of mischeif For they bringe men in to peyne trauayle and moche dis¦ease / for men haue moch trauail in gettynge / moche drede in ke∣pynge / and moche sorowe in the lesyng.

Diues

diuicias non con¦gregat abs{que} labore. Non tenet absʐ metu / nec deserit absʐ dolor They hote sikernesse and bryng folke into grete perel / grete drede and in grete enemyte They hote a man to haue his lust & lykyng and brynge him in endlesse hun∣gre For as salomon saith the co∣uetouse mā hath neuir ynoughe Auarus non impletur pecunia. but alway couetith more & mo•• Also they bi••ete a man ease & rest and bring him in moche trauail. for nigh alle the traueyle of this worlde is to gete gode. Another skylle ther is why they been cle∣pyd richesses of wickednesse For the lawe saith .x. q̄. i. dilectissimi•• by wey of kynde alle men ben e∣uyn in lordeshippe and richesses. but by wyckednesse of false coue¦tise in the people men ben vneuē ī riches For sūme haue moche. so¦me litel / sūme ben riche sūme ben pore / and god hath youen more richesse to one man in dispensaci¦on and gouernaunce / thanne to

many other. And y^t is to refreyne the wyckednesse o false couetise. in the peple And for wyckednes is cause that oone man is richer thanne a nother / therfore they be clepyd richesses of wyckednesse. For ne hadde be the wyckednes of Adames synne / and of fals co¦uetise of mannes herte / elles alle men shulde haue been euynly ri∣che. But nowe they ben vneuyn in richesse for synne and shrewid¦nesse / and therfore godes of this worlde ben clepyd richesses of vn¦euenes and of wyckednesse. ini∣quitatis id est non equitatis. And therfore alle the richesses y^t one man hath passinge another. it is richesses of vneuenesse. For in yat he is vneuyn with his euē cristen. therfore they ben clepyde richesses of vneuynesse. Ther∣fore god biddeth the riche men y^t been but his baillies and his Re¦ues in this worlde make frendes of the pore folke / bothe by yeuīg and foryeuynge / as that baillie dyd / and be nat to harde to their subgettes but merciable and for yeue hem their dettes which they owe to god & to them For god is so greate a lorde and so riche y^t ther may no man do him fraude. of his gode ne hyndre ne lese hys lordshippe.

The xii. chapter.

DIues.

In the fift precept thou seidest that riche mē. that wole nat help the pore folk ben mansleers Here thou seest y^t they be theuys / and so it semyth that they do ayēst bothe precep∣tes.

Pauper.

In that the pore man may die for the riche mā w^t holdith his gode from hym / in y^t the riche man is a mansleer / and dothe ayenst this precepte Non occides. thou shalt nat slee And in that he witholdith his goode. from the pore man in his nede he is a theef and dothe ayenst this p̄¦cepte Non furtum facies Thou shalt do no thefte. For al that ye richeman hath passynge his ned∣ful lyuyng. after the state of his dispensacion / it is the pore man∣nes And therfore saith seint am∣brose. that it is no lesse synne. to the riche man for to denye the po¦re man helpe at nede whanne he may helpe him of his abūdaūce. thanne it is to robbe a mā of his goode. The brede saith he y^t thou witholdest in superfluytee. is the pore folkes that haue hū∣gre And the waste clothynge yat thou shittest vp in superfluytie. is the pore wydowes. And the moneye that thou hydest in the

erthe in waste is the raunsome of the priseoners and of mischeuo{us} folke / for to deliuer them out of prisone and oute of bondes / and helpe them oute of woo. And therfore saithe he / wytte thou itt wel. that of asmany godes thou arte theif and rauenoure as thou mightest yeue to helpe of the po∣re folke if thou yeue them nat. Noo man shulde saye any thing his owne that is comyne to alle.

Diues.

I assent wele to thy wor¦des that riche men shulde yeue al¦messe of their haboundaunce sa∣uynge the state of their dispensa¦cion / & y^t is fulle harde to do For moche thing is nedeful to the ri∣che man more thāne to the pore. bicause of his state. of dispensa∣cion. For moo thinges ben nede fulle to a kinge thāne to an erle. and moo to an Erle thanne to a simple knighte. and so it is of o∣ther staates. To kinges prin¦ces and lordes it is nedful to ha∣ue treasoure to wage men of ar∣mes in defence of the Realme / & to wage their officers in gouer∣naūce of the Realme and of ther lordship. And therfore an Em¦perour saide. Qui omnibus pre est: omnibus indiget. He that is Lorde by dispensacion of alle thinge in this worlde / hath nede of alle thinge. And so the more lorship in this worlde / the more nede.

Pauper.

Therfore of su¦che thinges so nedful to man af∣ter the state of his dispensacion. he is nat boūde to yeue the pore. but in greate nede. But of other superfluyte that is nat nedefulle to him in that degre / he is boūde to yeue For alway the comyn {pro}¦fytte owith to be chargyd more. thanne the profytte of one {per}sone

Diues.

It semyth by thy wor∣des that men of holy church whi∣che spende the godes of holy chir¦che in wicked vse / as in pompe. pride / glutony / lechery / and in o¦ther vanities be theues / for they witholde pore mēnys gode / and spende it mysuse ayēst the wylle of god and of pore folke

Pau{per}.

That is sothe / for seint Ierome saith that al that clerkes haue of holy churche godes / it is the pore mennys / and for helpe of the po∣re folke principaly holy churche is ēdowyd. To them that haue the benefices and ye godes of ho¦ly churche / it longith principaly to yeue almesse and to p̄aue cure of the pore people. Therfore seint Bernard / in epistola ad eu∣geniū / saith thus. the nakyd crie and the hungre pleyne them and say. ye bisshopes what doth gold in your bridles / it may nat putt away cold ne hūgre fro ye bridle

It is oure that ye so spende ī pō∣pe and vanytie. ye take it from vs cruelly / and spende it veyne∣ly. And in a nother pistle that he wrote to a chanon he saide thus. If thou serue wele goddes auter it is grauntyd to the to liue by ye auter / nat to bye their bridelles. silueryd or ouirgilt For what thou kepist for thy self of the au¦ter passinge thyn honest nedeful lyuynge / it is raueyne / it is theft it is sacrilege. Therfore these men of holy churche that boocle ther shone with boocles of siluer and vse greate siluer harneys in their girdylles and knyues / and men of religion / mōkes and cha¦nones / and suche other. that vse grete ouches of siluer and golde. on their copes to fastne their ho∣des ayenst the wynde / and ryde. on high horse with sadles harnei¦sed with gold and siluer more pō¦pouslye thanne lordes / be strōge theuys and do grete sacrilege so spēdyng the godes of holy chur∣che in vanite and pride / in luste of the flesshe / by whiche gode the pore folke shulde lyue. A lady of a thousande marke by yere cā¦pynne her hode ayenst the wynd with a smalle pynne of laton xii for a peny. But a monke that is bounden to pouertie by his pro∣fession wole haue an ouche / or a broche of golde and siluer in va∣lue of a noble or moche more.

Diues

Be nat such men of holy churche so mispendyng the pore mennys godes bounde to restitu¦tion.

Pau{per}.

If they haue wher¦of to make restitucion / they ben holden to restitucion / as saythe Dockynge super. Deutro. v.c. Quia non dimittitur peccatum donec restituatur ablatum. And therfore seint Austyne. In epistola ad Macedonium. saith thus. If a nother mannes gode be nat yoldē ayen whāne it may be yolden / he that stale it doth no verrey penaunce but he feyneth penaunce For if he do verrey pe∣naunce he must do restitucion to his power.

Diues.

And what saist thou of tho clerkes that spē¦de holy churche goodes. on their kynnesmen and wymen. and o∣yer rich folk for to be mayntened and for to haue a name and for to be worshiped in this worlde.

Pauper

If they yeue their kyn¦nesmyn and their frendes to rele¦ue theym of their nede / it is wele done. and the ordre of charite ax¦ith it. But if they yeue the godes of holy churche to make them ri∣che and grete in this world. of ye pore mennys gode / it is raueyne theft and sacrilege. Alsoo to yeue riche folke measurablye to

mayntene them rightfully in ho∣ly churche / it is wele doon Butt to yeue them holy churche godes to be worshipid and to haue a na¦me of pompe it is euyl doon and it is sacrilege & thefte so to spend the godes of holy chirch that ben the pore mennys godes.

Diues.

What sayste thou of theym that spende the godes of holy church. in their owne nedefulle vse / and doo nat their duite ne serue natt therfore.

Pauper.

The same Cclerke Dockynge in the same place faith / that they ben theues For the godes of holy churche / & the benefices ben youen to them. that they shulde trauayl and ser∣ue holy churche in techynge pre∣chynge and sacramentes yeuīge and in besy gouernaunce. And but they do so. they be natt wor∣thy to haue bn̄fices of holy chur∣che ne to lyue by holy church go∣des. And therfore Seint Poule. saith. Qui non laborat. nō mā∣ducet.· He that trauayleth natt shuld nat ete. And if y^t they take holy churche godes / and traueyl nat therfore as they ben boundē they ben theuys. For if a labou∣rer toke money to trauayle in ye felde. and he trauayled nat ther∣fore / but he yaue it ayen he shuld be holden a theef. And therfore seint Poule saide. Qui episcopa¦tum desiderat / bonum opus de∣siderat. He y^t desireth a busshop∣rike / he desireth a gode werke. Prima and Thimo. teercio For as saith the glose / in that that he desireth a busshoprike / he desirey a werke nat a dignitie. He desy∣reth trauayle / nat ease and reste. nat to wexe into pride / butt for to come from pride to more low¦nesse / to be seruaunt and minis∣ter of alle his subgettes of which he hath cure / or elles they be nat worthy to lyue by the goodes of holy churche For the benefices of holy churche be nat youen hē for to go pley theym / butt for to trauayle aboute their cure.

Diues.

They haue their vikers and their parisshe preestis vndre them.

Pauper.

The vyker and the parisshe preest shal aunswere for that they they resceiue and ye pesone for that / y^t he resceyuethe. And he that more resceyueth mo∣re is boūde. And the benefices of holy church be nat youen to cler∣kes that they shulde betake to o∣ther men the cure / Butt for they shulde haue principal cure them self. For elles the lewyd man. & woman might haue the benefi∣ces of holy churche / as saithe the same Clerke. And he saith that persones whiche absent them fro their churches only for ese or for

couetise. or for luste of their fles∣she. and so spende the goodes of holy churche / they been theues Nathelesse as he saith they may absente them from ther churches for a tyme by leue of their soue∣raignes that may yeue theym le∣ue for sūme gode cause / as for ler¦nynge or for helpe of their chur∣ches. Also they that resceyue the benefices of holy churche and be vnable in that tyme whāne they resceyue them to serue holy chur∣che / or to haue cure of that bene¦fice / they ben theuys. But whan they falle in age and in feblenes after that they haue truly trauei¦led / or after that ye bn̄fice is yo∣uen them they may lefully lyue by their benefices but if they ha∣ue sufficient patrimony to be su¦steyned with. Also they that ap {pro}¦pre to them godes of holy church be theuys & do sacrilege as saith the same Clerke dockyng / in the same place For clerkes in theire begynnynge saie. Domin{us} pars hereditatis mee Oure lorde god is part of myne heritage For as saith seint Ierom. ad nepocianū He must be {per}te of god. and haue god to his part / and so haue him in his lyuynge / that he haue god with him and that god haue him And sithen he saith god is my {per}t. he owyth no thinge to haue butt oure lorde god. And if he haue golde siluer / possessions and su∣che other richesses / oure lorde dis¦deyneth to be his part with these parties And if I be parte of oure lorde / I take no part ne worlde lynesse amōges other folkes but lyue by the tithes and am sustey¦ned by seruice of the auter that I serue. And so I shalle be paied with mete / and drynke / and clo∣thes / & so folowe naked of world¦ly gode him that hangyd nakyd for me on the rode. xii q̄ i. cleric{us}. And therfore he biddeth ther̄ yat euery clerke shulde take hede to his name what it signifieth / and trauayle to be suche as his name signifieth. Quia cleros greci dr sors latine. For clerk in greke and in latyne. is lott and part in englisshe For euery Clerk shuld be the lotte and the parte of oure lorde god / and in that they been ordeyned to goddes seruice pas∣synge the comen people Ther¦fore they been clepyde Clerkes. Clerici. that is to saye / chosen by lotte. For they been kin∣ges / and gouernoures of hoolye churche. And in tooken therof they bere the crowne on their he∣de by shauynge awaye of theire heere. For the shauynge away of their here. signifieth & betoke∣neth doing away of tē{per}al godes

and wilful pouert. by which they been kinges in heuene. Ibidem. capitulo. duo. And therfore saith the lawe there. Capitulo Res ec¦clesie. That thinges of hooly churche ben nat hadde as propre but as comē / and owe to be spēt in the vse that they be youen to. For alle that thou Clerke haste. more thanne suffiseth the to thy nedeful lyuynge / but thou yeue it and spende it in gode vse thou witholdest violently as a theef. Distinctione. xlvii. Sicut. And if clerkes haue patrimony. sufficiently of their owne to lyue by / if they waste the godes of ho¦lye churche that been ordeynede for pore folke. they do theft and sacrilege. xvi. q̄. i. in fi.

The xiii. chapter.

DIues.

What is propirly sacrilege.

Pau{per}.

Sacrile¦gium est sacre rei violatio / vele / iusdem vsurpatio Vnde sacrile∣gium quasi sacrilediū id est sac{rum} ledens. Sacrilege is defouling of holy thing / or mysusyng and mys takynge of holy thinge.

Diues.

In how many maners is sacrilege done.

Pau{per}.

Sūty¦me sacrilegie is done for the per∣sone that is dispised and mysbo∣den As whanne clerke or religi∣ouse is beten or smyten in despit Sumtyme sacrilege is doon bi∣cause of the place as whan chur¦che or churcheyerde is pollute by blode shedyng or any holy place is reuyd of his fredom. Also sacri¦lege is done bicause of thing yat is stolen or mysused / and that in thre maners / Or for that holy thinge is taken out of holy pla∣ce / or thinge nat holy oute of ho∣ly place / or holy thinge out of no holy place. xvii. q̄. quarta. qⁱsqⁱs.

Diues

thā it semyth y^t they yat witholde ther tithes fro god and holy churche / doo theft

Pauper

So saith the lawe. xvi. q̄. vii de¦cimas. For the tithes of hooly churche been the auowes of cris∣ten people / raunsome of synnes. and patrimonie helpe and herita¦ge of the pore people / and tribu∣tes of the nedy soules. xvi. q̄. i. quia iuxta. et .c. decime. Where the lawe saith that tithes be deit to god. And alle that witholden them falsly they doo sacrilege / & robbe the pore folke of their go∣des And he that witholdithe his tithes / wrongefully shalle aun∣swere at yedome for asmany sou¦les as perisshe for hungre and mi¦scheife. in that parisshe.

Where he duellith. And he y^e wole nat pay his tithes shal mysspede and his goode. shalle vanysshe / and he shalle haue sekensse. and sodeyne pouert. Ibidem .c. Re∣uertimini. And if he paye his ti∣this truly he shal haue helth of boby / and the more plentie of gode and grace of god / & foryeuenesse of synne / and the kingdom̄ of he¦uyn. As saith the lawe / ibidm̄ c^o. decime. Et Raymundus in sūma sua li.i. titulo de decimis. And therfore the lawe saith there that god axith nat the tithes for yifte ne for nede but for worship yat we shuld knowlege him our lorde and yeuer of al gode He ax¦ith of vs the tenthe part for oure {pro}fit nat for his {pro}fit It is a synne to paie late / but moche more syn is neuir to pay ibm̄ x.c.

Diues.

Of what thinges is a mā boūde to tithe

Pauper.

Of corne in heruyst / of wyne in wēdage / of fruyt. of bestial / of gardeyn / of yerde / of medowe / of venery / of hyues / of fisshing. of wyndmyl. and of watermylle / xvi q̄. vii. Quicū{que} et c^o sequenti. Extra. li.iii. ti. xxx^o pastoralis. And as Raymonde saith Tithes owe to be youen of al the frutes of ye erthe Of apples of tres / of erbes of pastures / of bestes / of wolle. of mylk / of hey / of fisshinge / of fermes / of mylles / of bathes / of fullynge places / of mynes of sil∣uer & of other metal / of q̄reris of stone / of marchaundise of craste and of other goodes and also of tyme li^o i^o. ti^o xii. And as saith hostiensis libro iii. ••odē titulo Of euery thing rightfully goten a man shulde tithe and of his ser∣uyce and of his knyghte shippe.

Diues.

Moche thinge is wele geten and with ly¦tel auātage of them that gete it. and oft with grete losse / and ther¦fore me thynketh it is vnskilful that a man shulde tithe his chaf∣fare and his crafte or his seruyce or his trauayle there his wynnīg is lytel or noughte.

Pauper.

Ther been ii. maner tithes. Sū¦me come of therth / as corne wyn bestiale that is brought forth by the londe And suche tithes ben clepyd prediales in latyne Su∣me tithes come onlye of the par∣sone / as by marchaundise. and werkmāshippe / and suche tithes ben clepyd parsonales in latyne.

And in suche tithes that been parsonales / and comen of marchaundise. Or of crafte / or of suche. other trauayle / a man shal accompte his expenses / and loke whether he is encreasyd / or natt. And tithe his wynnynge and his free encreases.

in payng of tithes prediales yat come of the londe / he shal nat a∣counte expēses but frely pay the tithe neither worste ne beste but. but as they cūme to honde with∣outen chois Extra li.iii. e. ti. pa¦storalis. et c. cū homines. Nathe lesse if a man for deuocion yeue the best to god / it is prisable and wele doon

Diues.

Shulde mē tithe al thing y^e newyth

Pau{per}.

Thinges y^t ben taxed in the lawe men shulde tithe / nat al thynge that newithe / for moche thynge newith that is natt profitable. And though it be profitable. yitt it is nat worshipful as houndes. and cattes.

Diues.

I suppose a man cūme by fre yift of by succes¦sion and by heritage to gret lord¦ship and moche richesses / or take frely grete yiftes / is he bounden to yeue the tenth part of that eri∣tage or of tho yiftes to holy chur¦che.

Pau{per}.

Nay. for so al pos∣cessions and lordshippes shulde falle to hooly churche. Extra e. pastoralis glosa. And if a riche man yaue a pore mā x pēs to bye him w^t a clothe. or to pay his dettes / or els to his lyuynge. he shulde paie the tithe to the p̄st and that were ayenst reason For if al free yiftes shulde be tithed. holy churche shulde be to riche. & the people to pore For soo he might axe the tenthe part nyghe of euery testamament

The xiiii chapter.

DIues.

To what churche shal man paie his tithes.

Pauper.

Tithes {per}sonales as of marchaundise & of crafte man shal pay to his parisshe churche. there he duellith and takith his sacramentes / and herith his ser∣uyce But tithes prediales shuld be paied to the church / to whiche maner and the londe longith to. but custome be in the contrarie. as saith sūma conf. Tithes p̄∣diales shulde be youen / anon in the begynnyng / but tithes {per}so∣nelles may abyde til the ende of the yere for the more auantage. of the churche

Diues.

Howe shulde the tithes be spent

Pau{per}

The tithes and the godes of ho∣ly churche shulde be departed in foure partes / after that the parti¦es haf nede and be worthy One to the busshop if him nede Ano∣ther to the ministres of the chur∣che. The tridde to pore folke The iiii. to amendmēt and ma∣king of the churche if it nede .xii. q̄. iiii. quatnor. where the glose concludith and saith yat clerkes shulde be compellyd to re{per}acion

of the churche and nat the lewde people x. q̄. i. decernim{us}. But as saith Guy do in rosario in y^e men must take hede to custome of ye cuntre and what the part is that longith to the churche

Diues.

I suppose y^t the curate of the chirch waste the godes of holy churche. in synne and ī lechery / and be an open theef or an open lechour or mansleer / so that his misleuyng. is sclaunderous & notorie. shuld men pay their tithes to such wic∣ked lyuers

Pau{per}.

Hostiensis saith that if the prest or curate or curate of the church mispende ho¦ly churche godes. or be a notorie lechoure / the lewde man is natt bounde to yeue him his tithes But he shal yeue them to his so∣ueraigne nexte aboue him which is bounde to spende them in pro∣fytte of the church / or of the pore parisshyns

Diues.

The lawe is ayenst him Extra li.iii· ti. de de¦cimis c. tua nos. where the lawe saith that for wyckednesse of the minystres of holy churche. men shuld nat withdrawe their tithes from them

Pauper.

Hostiensis aunswereth therto and saith yat as longe as their synne is pryue. men shulde nat withdrawe their tithes And so meneth that lawe. But whanne their synne is opē. and notorie thanne men shulde. nat paie to them but to ther soue¦raigne Thus saith Hostiensis in sū. sua. li.iii. Kubrica de decimis .S. et quare in fine And he al∣legith many lawes for him and many lawes ben for him that he aledgith nat For the grete Clerk Gracian{us} in the decrees y^t is cheif booke of lawe canon saithe y^t the clerke notarie lechour shulde ha∣ue no part in the goodes of holy churche. distinct. lxxxi. Si quis amodo cū aliis caplīs sequenti∣bus And ther saith the glose that to whome it is forboden to doo office in hooly churche / to him is forboden and interdiit his bene∣fice But as the lawe saith there. To al suche notorie lechoures. prestes dekenes subdekenes ben forboden the offices of holy chir∣che yat they shulde do no offices in holy churche / and the people is forboden to here their office. Therfore than their benefice. is forbodē thē til they amēde hem ibm̄ Siqui sunt prisbiteri Vpon whiche lawe saith Gwydo in ro¦sario. That if prestes be founde suche open lechoures and male∣factoures / their subgettes maye of their owne auctorite put them from their office / And natt abide sentence ne doome of their souereyn / al though the bisshop wer̄ fauourable to suffre suche.

wycked liuers For why saith he suche been suspēded by the pope and by the lawe.

Diues.

This sentence is wonderfulle and nat plesaunte to men of holy church and yit as me thenkith it is skil∣ful For if any mā ought me dett and paied it to myne enemye / to strengith him in his malice ayēs me wyttyng wele that he shulde robbe me therof & nat paie it me. he dyd moche ayenst me and rob¦bed me cruelly of my gode. And so as me thynkith do they y^t paie tithes and dueties that longe to god and holy church and to pore folke / and paye theym. to suche wycked lyuers and open enemy¦es to god / for they been loste for euir Or if he kept them stille / or paied them to his souerayne. as Hostiensis saith / than were they sauf and holy churche & the pore people might be holpen therby

Pauper.

It is leful so to kepe them and nat ayenst the lawe / y^t they aledge ayens hostiēsis and ayenst other clerkes & ayenst the comon lawe / for y^e lawe acordeth with al other clerkes if it be wele vnderstonde. For these been the wordes of the lawe. Pretextu nequicie clericorum nequiunt e∣as. s. decimas nisi quibus de mā¦dato diuino debētur suo arbitrio errogare Extra libro iii. de deci¦mis∣c. tua nobis. That is to saye in englisshe Lewde mē may nat vnder colour of wyckednes of clerkes yeue by their owne do me the tithes butt to theym that they been dette to / by the cōmaū¦dement of god. For it is nat le¦ful to yeue awey a nother man∣nes gode withouten the wylle of the lorde of the goode as saith ye lawe there. These wordes be nat ayenst Hostiense / for Hostiense. spekith of clerkes open lichours and open wycked lyuers.

This lawe spekith of clerkes whos synne is preuy and of hem that been defamed falsly by ma∣lice of the people / and he biddeth there that they shulde be yeuone them ayen Also this lawe saithe that it shulde natt be youen but to them that it longith to by the commaundement of god But by the the commaundemente of god they longe nat to suche wyc¦ked lyuers. Therfore they shuld nat be youen to them. Also though they lewde man witholde his tithes and his dueties fro su∣che wycked men in holy churche and paie them to his souerayne. or elles kepith them stylle for {pro}∣fytte of holy churche. in that he yeueth them nat away butt ke∣pith thē sauf to {pro}fit of holy chir∣che And that lawe men alledge.

ayens hostien̄. s. tua nobis / spe∣keth ayenst the lewde me. that yeue awey tithes of holy church. & dispende them as them likethe. and yeue them away to whom y^e they wole / and this is nat lefulle withoutē autorite of busshopes. If the busshop or any hous of re¦ligion resceiue so many tithes in a parisshe by olde custome / that the curat of the churche may nat lyue honestly by his bn̄fice / than a certeyne porcion of the tithes. may be youen to that curate. for to lyue by. nat withstondyng ye olde custome Extra li.iii. de pre¦bendis / c. extirpande / where the lawe saith / y^t he that hath cure of a prisshe shulde serue it him self and nat by a nother / but nede of other cure compelle him therto

The xv chapter.

DIues.

Shal holy church axe tithes {per}sonales of ie∣wys that duelle amonges cristē people

Pauper.

Nay. For they be nat of holy churche / and they take natt sacramentes of hooly churche ne seruyce of the curate. If a man gilously selle a porci∣on of corne or it be tithed / bothe the byer and the seller ben bound to tithe it The seller for his gyle. and for he hathe the value of the tithe. And he y^t bieth it is boūden for that corne passith to him. W^t charge of they tithe. And so hooly churche may axe ye tithe of whe∣ther of them that he wole But if he gete it of the one of theym / he may not axe it of the other But if the byer thought to gyle in his biynge if he paied the tithe after y^e he bought it / the seller is boun∣de to make him restitucion. And if the byer and the seller wist wel yat it was not tithed / them must bothe do penaunce as for thefte. And if the byer paie the tithe / the seller is boūde to restitucion but the byer bought it to suche a pris y^t he may yit wele saue his owne If the corn be stole or it be tithed and the lorde of the corne wer̄ to slowe in the tithing & tithed natt after the custom̄ of the place but delayed it / holy church may axe of him the tithe of the corn̄ so sto¦len But if it be taken away with in the tyme of due tithynge he is nat bounde to restitucion of the tithes. Hec Raymundus li^o i^o de decimis.

Diues

Is a mā boūde by the precepte of god to paie al his tithes bothe prediales and {per}¦sonales.

Pau{per}.

As Innocente the pope the thridde. Extra e. in aliquibus. and Reymonde also

say Al the tithes must be payed that ben taxed by goddes lawe. Leuitici vltimo. And al other ti¦thes bothe p̄diales and {per}sonales after custome of the cuntre long approued For consuetude or cu∣stome in lawe positif that is mā∣nes lawe. is expositour and ter∣mynour of the lawe. Consuetu∣do approbata est optima legum interpres. extra. li.i^o ti. iiii. cū di¦lectus Et consuetudo est altera¦lex. But ther may no consuetu∣de or custome be kept ayēst god∣des lawe / ne ayenst lawe of kīde

Diues.

Why badde god that mē shulde paie more the x. part thā a nother part.

Pauper

For x is nombre so parfyte that it contey¦neth al nombre For al nombres after x. ben made of ten and nō∣bres within x. And nyne is nom¦bre vnparfite / and alle nombres within x ben vn{per}fite in regarde. of .x / And therfore god bad that men shulde yeue him. the tenthe part / and kepe to them self nyne partes / in token that al oure par¦fection cūmeth of god and to hī it must be arretted by prisynge & thankyng / and al oure im{per}fecci¦on cūmeth of oure self And ther∣fore we witholde nyne partes to oure self / and yeue to god the .x. parte / so knowlechyng that alle oure {per}feccion and godenesse cū∣meth of him / and al oure im{per}fec¦cion cūmeth of our self And in to¦ken that he is our lorde and lord of al / and al yat we haue cūmey from him / as al oure nōbres ben conteyned in x / and come of x.

The xvi chapter

DIues.

Is symonye any spice of theft

Pauper.

It is theft and sacrilege in that y^t a man tretith and occupieth vnri∣ghtful thinge that is nat his Of suche theues spekith Crist in the gospel. Qui non intrat {per} oftiū in ouile / sed ascendit aliūde / hic fur est et latro. Io. x.c. He yat entrith natt in the folde of hooly churche by the dore that is Crist. and takith nat his benefice frely by weye of almesse for cristes sa∣ke but by symonye / he is a theif. & a mycher And al that so cūme. into the benefices of holy church by symonie / they ben mychers / & theues

Diues.

What is symony

Pau{per}.

Symonye. is a studio{us} couetise and wylle to bye or sel. thinge spirituel / or thing annex∣ed or knytt to spirituel thynge. For as the philosophre saith nat only he that stelith priuelye / is a mycher But also he that wole stele priuely / is a mycher & a theif

But here thou shalt vnderstonde that sūme thīges be forbodē. for they be symonyent as bieng and sellyng of the sacramentes of ho¦ly churche / in whiche wylle alo∣ne withouten dede makith a mā giltie in symony Sūme thinges ben symonient only for they ben forboden by holy churche. As if a clerke resigne his churche in co¦uenaunt that it shalbe youen to his neuewe or to sūme of his kyn suche wylle withouten dede ma¦keth nat a man symoniēt ne gil∣tie in symonye as anentes holy church / but if it be done only for profytt of the {per}sone and nat for profytt of holy churche. he is gil¦tie bifore god And if he resigne it frely in couenaunt and in wyl that it shalbe youen to hym that is more able to profyte to man∣nes soule thāne he is him self / in that resignyng he dothe no symo¦nye.

Diues.

Wherof came the name of symonye

Pau{per}.

Of sy¦mon magus a grete wytche For he proferyd to seint Petir a grete sūme of money to haue grace of the holy goste to make men hole of seknesses / and to do wondres and to make the holy goste to li∣ght in men and wymen / as seint petyr dyd But seint Petir forso∣ke his money and saide to hym. Thy money be stylle with the in {per}dicion and perisshing of damp∣nacion / for thou wenyst to gete ye yift of god w^t itactuū iiii And therfore alle that bye any thinge spirituel or any thinge knytt to spirituel thinge / ben clepyd pro∣pirly symoniētes And they that selle it ben clepyd giezites Giezi te in latyne For Giezi the seruāt of Helisee the prophete toke me∣de of the grete lorde Naman for that god hadde made him hoole. of his lepre / by the prophete He∣lisee that was his maister And so he selde falsly the yifte of god. in asmoche as was in him / ayēst the wyl of god and of the {pro}phete helisee. And therfore he was a le∣pre and al his kynne after hym. iiii^o Regū v. Nathelesse comon¦ly bothe bier and seller of spiritu¦el thinge ben clepyd symoniētes For symon mag{us} dyd that was in him to bye the grace of the ho∣ly goste / and was in purpos and wylle to selle it forth to other for money and for yiftes

Diues.

In howe many maners is symo¦nie doon.

Pauper

In thre ma∣ners as thing spirituel is bought and solde by thre maner yiftes For sūtyme it is bought by yifte of honde / sūtyme by yift of seruy¦ce / sumtyme by yift of tūge / yift of the hōde is clepyd money and other richesses / yift of seruyce. is

clepyd their seruyce youen nat ī due maner / ne rightfully to haue a thing spirituel / yift of tunge is fauoure flateryng and prayer y^t men make them self or by other. so to haue spirituel thinges Also in resceyuyng of holy ordre is do symonye / sumtyme only on his side that makith orders As whā sūme frend of him that shalbe or¦dred yeueth the bisshop sūme yift withoutē the wityng of him yat shalbe ordred Sumtyme it is do only on his side that shalle be or∣dred / as if he yeue any yiftes to a¦ny of the bisshopes officers to spe¦ke for him that he may be ordred and of whiche yift the busshoppe knowyth nat Sumtyme it is do of bothe the parties / as whan the one yeueth and the other takith. Sumtyme it is done and yitt in neither {per}tie / as if a frende of him that shalbe ordred yeue or hote a¦ny thing to the bisshopes officers to help him in that cause / and ne¦ther he ne the bisshop knowith of tho yiftes. And in these ma∣ners may also be done symonye. in yeuynge of benefices of hooly churche. If any man yeue any yift for me or pray for me that I may be ordryd or resceyue bene∣fice if I ayensey and assent natt therto his yifte / ne his biheest / ne his prayer / lettithe nat fro myne ordres ne fro my benefice / but if I assent therto bifore or after pa¦yng the money that he behighte. I falle in symonye. And though it be neuir so preuy I must resig¦ne / And if myn enemy yeue or bi¦hete yiftes for my {pro}mocion ī wil so to let me by symone / and it be nat myn assente / his dede lettith me nat Extra libro iiii. de symo¦nia c. sicut tuis litteris. If any frende yeue any yift me vnwyt∣tyng for my {pro}mocion / and after that I wyste therof or I wer̄ cle¦pyd of the busshop to my {pro}moci∣on. and I wyst it wele y^t I shuld nat be clepid but for y^e yift I shuld nat resceyue that {pro}mocion. Hec sū. conf. li.i. ti. i.

The xvii chapter

DIues.

May no thinge be youē lefully for thing spū¦el.

Pauper.

yhis. For both yift of honde of tonge and of seruice. may be youē for spirituel thinge ¶yift of honde may be youē for spūel thing in v. cases as saithe Reymunde. First if it be youen frely for deuocion and for reue∣rence of the sacrament & of spūel thing withoutē any couenāt. or any axing of the taker. But for to yeue any thing by wey of coue¦naunt or biyng / or sellyng / or of chaungyng it is nat leful And if it be dout whether the yift be yo∣uen

by couenaunt or by euyl en∣tencion / mē muste take hede. to the state of the yeuer / & of the ta∣ker whether the riche yeue the po¦re / or the pore to the riche. or ry∣che to riche Also to the quātite of the thifte / whether it be of greate price or of lytel price. Also to the tyme of the yeuyng / whether ī ty¦me of nede or in other tyme And so by these circumstaunces deme in wh^t maner it was youen The secoūde cas is / whanne mē yeue frely to any man of holy church. any thing for spūal dedis as for certeyn seiyng and syngynge to whiche he is nat boūde. The iii. case is whanne it is youē to cler¦kes for spūel dedes to the whiche they bē boūde of office For ther is no man boūde to trauayle for noughte / ne the curate serue the churche for nought / ne the p̄chor to traueyle for nought And ther¦fore seint poule saith that they y^t serue the auter shal lyue by thau¦ter. And so god hath ordeyned y^t they y^t p̄che the gospel. shal lyue by the gospel. Prima ad co{rum} ix. Nathelesse the more frely that a man p̄chith the more is his mede And though he axe nat ye peple is bounde to yeue him freely / As saith seint austyn su{per} illud Pro¦ducēs fenū iumētis. The iiii. cāe is to haue lyf withoutē ēde. & fory euenes of synne Therfor̄ Daniel saide to the kynge Na∣bugodonosor Pctā tua elimo si∣nis redime Dan̄ iiii. Bye ayen thy synnes with almesse / nat yat we may bie heuene / ne foryeue∣nesse of synne / but by almesse do¦yng we may deserue to haue for yeuenesse of syn / & heuene blysse and so biynge is taken for deser∣uynge. The fift cause is whāne a man for to haue peas byeth a∣way the wronge that ht suffryth in spūel right whāne he is syker. y^t his cause is rightful. Extra de symonia c. Dilecto filio

The xviii. chapter.

DIues.

What peyne is or∣deyned ayēst symonye.

Pauper

If a clerke be a symo∣nient in takyng of his ordre / he is suspendyd of his ordre both a∣nentis him self and anētes other so y^t he may nat do execucion of his ordre And whether his symo∣nie be pryue or apert he is suspē¦dyde. And if he be cōuicte bifore his iuge / shalbe deposed. & vna∣bled to eūy worship & lese ye mo∣ney y^t he paied therfore And he y^t ordryd him wyttyngly by symo∣nie / or yaue him bn̄fice by simo∣nie or he th^t resceyueth any bn̄fi∣ce by symonye / or is meane ther∣to though their syn be priuy / yitt they be suspendyde. as anentes

them self. And if it be open / they ben suspēdyd both anētes theim self and anētis other And he y^t ta¦keth his benefice w^t symonye / he must resigne & make restitucion of al the {pro}fyt y^t he hath take ther of / & for the {pro}fyt y^t might haue be taken therof for his tyme. For it is a general rule in the lawe that who so occupieth any thing wiy¦outē rightful title / he is boundē to restitucion of al the harmes & of al {pro}fyt y^t came therof / or miʒt haue come therof for y^e tyme / sa∣uyng hi•• expensis y^t he spent ī {pro}∣fyt & saluacion of y^t thyng And bothe clerke & lewyd man y^t doth symonye / he is acursed in y^e dede. And if it may be preuyd / y^e lewde man shulbe accursed openly ī ho¦ly churche. Prima q̄. i. re{per}iūtur.

Diues.

If the officer of the bus∣shop axe of custome any yiftes ī makinge of ordres / in sacrynge of busshopes / in blessynge of ab∣bottes / if they y^t shulde be ordryd or blissed or sacryd / yeue them su¦che yiftes. for custome that they allege / is it symonye.

Pau{per}.

If he yeue it principaly for such custome & for their axing it is sy¦mony But if he yeue it frely / nat for ther axing ne for custome ne by couenaunt / it is no symonye But most siker it is that he yeue none thanne ne for thanne / for it is lyke symony. And seint Poul biddeth y^t mē shuld absteyne thē from euery wycked liknesse Also they that yeue or take any thīge by wey of custome or of couenāt for blessyng of weddynges for se¦pultures / for diriges / for creame or oile / or for any sacramente in whiche is youen grace he doithe symony. If any curate or {per}isshe preest for yiftes / for prayer. for loue / for frēdship / hide a opē syn of his parisshyn obstinate in syn or recounseile him that wole nat amēde him / or for hate & enemy / te wole nat recounseyl him that wole amende him / or for hate or loue or yift or prayer putteth a∣ny mā or womā / from the sacra∣mentes of holy churche / he dothe symony. If a preest be bounden of office to say a messe / or dirige. & such other prayers & he axe mo¦ney therfore / he dothe symonye. But if he be nat boūde therto of office / and he hath nat his nede∣ful lyuyng he may take money for his trauayle and lett his tra∣uayle to hyre by daies and yeres as annuelers done / as saith Rey¦munde. Et extra ne p̄lati. vices suas & c^o vltimo. But if he haue sufficient lyuynge and he be nat bounde to say that messe or diri∣ge / thanne he shalle say it freely. or elles nat say it For elles it se∣meth

that he doth it principally. for couetise. If a prest haue said a masse if he say a nother masse. that day for money or for to ha∣ue thanke of the world / he doth symone. De con. di. i. sufficit.

The xix. chapter

DIues.

If religiouse or se∣culer clerkes in auaunce∣ment of their kynnesmen make couenaūt to giddre and say / As∣sent thou to auaunsynge of my neuewe and I shal assēt the auā¦syng of thy neuewe Or elles one saith that aslonge as I lyue shal ther no grace of any auaūsemēt. passe while I may lette it / but I haue this grace for him yat I p̄y for. do these any symonye.

Pauper

It is symonye. For the lawe saith. Absit omīs {per}actō cesset omīs conuentio .i. q̄. ii. qm̄ pio. In spirituel thinges euery couenaunt shulde be awaye / eue¦ry conuencion cease. If the cu∣rate wole nat burye the dede bo∣dy / ne suffce it to be buried / but ī couenaunt that he shal haue his bedde or his best clothe / or sūme other thing he doth symone. alle though it be custome to paye. y^t he axith. And therfore he shulde frely bury the dede and blesse thē that been nedy / and so absteyne him fro euery spice of symonye. and afteward compelle them to pay and kepe gode customes / if that they might wele do it for po¦uert. Extra e. ad apostolicam If a preest wole nat baptise but he haue money therfore he dothe symonie. And rather the lewyd man or womā shulde baptise the childe / thanne yeue money ther∣fore And if he wer̄ of age y^t shuld be baptised. and there were noo man ne woman butt the preeste. though he were in peryl of dethe he shulde rather die without bap¦tyme of water / thanne he shulde be baptised by symonie. For in that case the baptym of the holy goost suffiseth to him Euery mā and woman may baptise for ne∣de. If any patrone yeue a be∣nefice in couenaunt that he that resceyueyth it shal helpe him tē∣porally and his also / it is symo∣nye Extra e. nemo. And if he yeue it to sūme of his kynne soo to magnifye him self / and to be the more mighty worldly by auā¦syng of his kynrede / it is symone And if a patrone selle a patrona¦ge by the self / or selle the maner y^t is annexed therto / the more dere for the patronage / he doth symo¦nye As saith Petrus tarentinus

su{per} quartum sent. distinct xxv. And therfore he saith that chop∣pyng of churches withoutē auc∣torite of the bisshop / is symony. And he saith there also that right of patronage may natt be solde. but it passith forthe with biynge of the londe that it longith to. If prechours or pardonystris or other folke that goo for almesse. pray the parisshe preest or the cu¦rate to {pro}cure them sūme gode in their parisshe in couenaunt y^t the preest or the curat shal haue a cer¦teyn part therof / it is symony as anentis the preest / for both do sy¦symony / and also they do sacrile¦ge & theft / in that y^t they defraude men of their gode / and put it nat in the almesse that they yeue it to and both the preste and the par∣donistre be boūde to restitucion.

The xx. chapter.

IF a man or woman / yeue money to be resceiued īto house of religion / and so in religi¦on in couenaunt y^t he or she shall yeue a certeyn money to ye hous it is symonie though it be comen custome so to yeue Nathelesse if he be resceyued frely as the lawe wole / he dothe no symonie. Ex∣tra e. sicut {pro} certo et c. in tantum c^o veniens. c^o. audiuimus c. Ia¦cobus. Nathelesse if the house be pore & ouircharged w^t y^e {per}sone so cladde / they may afterward pray the frēdes of that {per}sone / of sūme almesse in releuynge of the hous and of that charge. If a man or a woman yeue money to prestes riche or pore / for trental / for ānu¦el / for yerday / or for to say messe of the holy goost or other masses or to yeue money to clerkes / for saynge of psalters or of diriges. or to pore men in couenaunte of certein prayers / with intencion so to bye their prayers he doth sy¦monye. scdm̄ glosam Willī / et vt habetur in sū. con. li.i. ti. i. q̄ xlii. And yit as he saith there / it is le∣fulle to take and to yeue money and other temporel thinges / for suche spirituel thing / and for p̄y¦er by wey of deuocion and of fre yift / so to excite deuocion and lo¦ue of {per}sones the more to pray for them. And in this maner men may yeue to colleges certein mo¦ney to kepe their yereday / nat by wey of couenaunt of biyng / and of sellynge / but so to stirre theim frely to graunt them their axing by wey of more charite and mor̄ beuocion. For suche spirituel thing may nat be solde And ther¦fore men shuld yeue their goode

frely to men of hooly churche by weye of amesse / and they shulde take it frely by wey of almesse And the yeuer w^t his yifte of cha¦rite may axe certein prayers. of them that he yeueth to / & if they grauntyd him they ben bounden to kepe their graunt Therfore saith seint Austyne that the apo∣stelys toke frely their liuynge of them that they prechyd frely to. And as grete synne it is the prest to sel his prayer / as the prechour to selle his prechynge. Criste badde ī the gospel that mē shuld make them frendes of the riches∣ses of this world yat they might resceyue them into endlesse taber¦nacles that is to say yat they mi∣ght so pray for hem y^t they might be resceyued into blisse And thus muste alle men of holy churche. take their lyuyng if they wol be clene oute of symony. For they may nat sell ther office that they do in holy churche / ne their pray¦er / but by fre yiftes take their suf¦ficient lyuelode Extra ne p̄lati. vices suas. c^o qm̄ enormis.

Diues

Con̄tra. It is ordeyned by constitucion synodalle what money a parissh preest and what an annueler shuld take

Pau{per}.

That is natt for his office but it is done to lett the false couetise. of men of holy churche / to putte in certein hou moche is sufficiēt: to their lyuyng that they shulde no more axe. ne men no more ye¦ue theym. But if it be nat suffici¦ent / they may take more by leue of their prelates And that tax¦inge is natt ordeigned by the ye∣uer of the money / but by the pre¦lates of holy churche bothe anen¦tis symonye and ayenst false co∣netyce of their clerkes.

The xxi. chapter

DIues.

It semeth by thy wordes / that they y^e synge the golden trentalle. go fulnigh symonye For they make woun¦derful couenaunte. of their syng¦yng.

Pauper

Leue frende thou shalt vnderstond that couenaūt makynge maketh ofte symonye that shulde elles make no symo∣nye / As if the yeuer axe what it is worthe to synge many messys and the preest answereth twenty shillynges. or ten shillynges / or a noble. Or if the yeuer seye. syr what wylt thou take to syn∣ge it. and the preest answere and sey no lesse than twenty shillyn∣ges. or ten shyllynges. and thus bargeyne and broke. aboute the syngynge of the messe. that may

nat be folde ne boughte / as men do in biynge and sellynge / of an horse / thanne they falle bothe in cursed symony. Also if the yeuer say to the preest in his bar∣gaynynge / that he shal synge for certeyne soules and for no moo and he bihotith him soo / thanne ben they bothe accursed for that foule symonye And also for it is ayenst charite / for the preeste is bounden to synge for alle cristen And for the mo he prayeth in spe¦cial by weye of charite / the more he plesith god. and the more ben tho soules holpen / for whiche he takith his sellarie. And in that he byndeth him to say speci / alle messes in certeyne tyme / He muste in cas leue the messe of the daye that he is bounden to. if he be a curate & so dothe symonye. as saith Raymounde / and other clerkes. ¶Also he dothe in that ayenst the ordenaūce of ho∣ly churche. Extra libro tercio de celebratione missarum. c. secūdo where it is boden that ther shuld noman leue masse of the day for other specialle messes / As of the Trinitie / oure lady. or other nat for it is euyl to here or to say su∣che specialle messes. but for it is euyl to leue messes of the day for suche special messes. as saith the glose. Neuirthelesse if a man wole here suche special messes in reuerēce of the Trinite or of our lady / it is wele done / so that he le¦ue nat messe of the daye for such messes.

Diues.

Thanne me thynkethe that curates. that been bounden to say messe of the day / to the parissh / or ī cas messe of Requiem / may nat wele syng suche golden trentalles.

Pau{per}.

That is sothe / ne no preest that hathe sufficiēt lyuynge by other salarie. And therfore it is forbo∣dē the synodales of englonde / y^t any persone or wyker shuld ma∣ke couenaunt with his parisshe preest / that he shulde besides his salarie. take annuel or trentalle or any such other / that they clepe vantages. Inhibemus districti¦us. But they shal yeue to their parisshe preest sufficient salarie. Wherby they may lyue withoutē suche false couetise. And in the constitucion of Lambeth the secounde chapter / it is bodē that no preest shalle bynde him to su∣che special messes / by the which they myghte be lettyd. that they mighte natt serue the churche / of laufulle seruyce. of the daye / as they be boūde.

Diues.

Sithen than it is so that messe of the day is as gode as suche speciall mes∣ses / and that it is as gode or bet∣ter to here and to say messe of the

daye as suche special messes / me thynketh that by suche maner sī¦gynge of golden trentales / sou∣les been moche disceyued.

Pauper.

That is sothe For tho thritty messes that they axe / as they say muste be in doynge al a yere nerehande / there they might haue thritty messes as helply / to the soule oute of peyne / withyn thritty daies. For in suche syng∣yng is done moche symony. mo∣che ypocrisie and moche folie. For sūme prestes faitoures telle the people that but the messes be saide in thre daies principally of tho feestes / that is to saye in the festis and in two daies next fo∣lowynge / elles the soules be nat holpen by tho messes And so if the preest felle seke tho thre day∣es so that he might nat synge / al¦though he had sung alle thother messes / that trental mighte nat be done that yere by their oppini¦on. And soo in cas he shulde hap¦pen to be in syngyng of one tren∣tal x. yere / or twenty yere / there as he might euery yere synge his annuel. Also if oure ladies day in lente falle on gode friday he may nat thanne synge tho iii. messes. Also sūme pre¦stys bihighte to faste brede. and water / and to were the here eue∣ry day whanne they shal synge. any of tho masses for tho soules And so them must fast brede and water / and were the heire on Cri∣stmasse day Ester day / and nigh alle the high ••••estis of the yere /

Also they say that they muste haue a specialle Orison / that is nat of the missalle / ne approued of holy churche / butt ofte repre∣uyd. or elles as they say the mes / ses ben litel or nought to profyt of the soules. And thus by faitrie and ypocrisie many foole prestys bihight more and bynde theym to more for x. shillinges. thanne a gode preest wolde doo. for x. marke.

Diues.

And they say that Seynt Gregorye. ordeyned that maner of singyng to haue his modre oute of purga¦torie. And therfore they clepe it. seynt Gregories trental

Pau{per}.

They lye on seynt Grigory For his modre was a ful holy womā as we fynde in his lyf. And we fynde nat that seint gregory dyd any preeste synge in that maner. for any soule But we fynd libro iiii. dialogo{rum} That whan seint gregory knewe by reuelacion y^t one of his monkes was in harde peyn of purgatorie for he hadde been a proprietarie vnto the ty∣me of his diynge / seint Gregory

badde one of his monkes which he leet a gode man syng for him thritty messes day by day And in the thritty daye the dede monke. apperyd to the same monke and thankyd him / for vnto this tym saide he I haue be in harde peyn but nowe I am deliueryd. And seynt Gregory tellith alsoo libro quarto dialogorum. that a soule apperyd to a preest and p̄y¦ed him that he wold haue mynde of him in his messe And he songe for him seuene daies by and by. and so the soule was deliuered For better it is to deliuer a soule oute of peyne within vii. daies. or xxx. thanne so to let him lan∣gore in peyne al ye yere whanne he might be holpen within thrit∣ty daies And so wolde euery mā. and woman that is in bodily dis¦ease and in prison. And he were no gode frende that lete his frēde lyue in prison al a yere / whanne he might haue hym oute within vii. daies or within xxx. daies.

The xxii. chapter.

DIues.

And so it may be y^t the feend fonde vp the gol¦den trental so to langore soules in their peyne / there they shulde the soner be deliuered.

Pauper

Therfore seint Gregory .iii^o. et quarto dialogo{rum}. shewith by ma¦ny an example that it is beste to synge for the soules day by daye if the preeste be wele disposed to synge so. And he shewith there y^t lettyng of any day syngynge. is grete disese to the soules / for thei desire ful moche to be deliueryd. oute of their peyne But the peo∣ple by faitre of couetous clerkes is so blent. that they haue leuyr. to yeue xx. shelinges to langore the soules in peyne al a yere / thā to yeue xx. shillinges or x. to ha¦ue them oute within a monethe. or moch lesse tym But leue frēde better it wer̄ to yeue xx shillīges to helpe them in haaste with the worship of god and of holy chur¦che. than for to yeue xx shillin∣ges late to helpe theym and that with offence of god. and p̄iudice of holy church And better it is to haue four score messes / sunge to gidre day by day for twenty shil∣linges thāne to haue thritty mes¦ses songe in the long yere for xx shillinges For why ye may for twēty shillinges do singe a quar¦ter of an annuel and do the sou∣les haue part nat only of thritty messes / but of asmany messes as be pens ī xx shilīgis For though ye yeue a thousande poūde for a

messe. the preest may nat appro∣pre that messe to any soule / butt only praye for him after y^t he is bounden / & he must put his prai¦er in the wylle of god / and in his plesaunce / for in cas the soule y^t he praieth fore is dampned And parauenture a pore mā. that no preest thinketh on in special / yat died in more charite than he that the preest praieth fore in special. shal rather be holpē by the messe of the preest thanne he for whom he prayeth in special. More ouir leue frende vnderstōde that praier is a grete gracious yift of god. For as say the clerkes holy praier is a stiyng vp of mannes herte and womannes to god. Oratio est ascensus mentis ī de¦um. And that may no man ha¦ue withouten special yift of god For Criste saith in the gospel / y^t ther cūmeth no man to him / but ye fader of heuene drawe him by inwarde gostely mocion that is inwarde deuocion / And with∣outen this inwarde deuocion p̄y¦er of mouth is right noghtworth And therfore it is gode sumtyme to yeue almesse to a gode preeste whiche hath neede of almesse to meue him to pray for you yat ye may haue the grace of god & swe¦tenesse in him by the praier of the p̄ste and your almesse. Natheles ye shall nat yeue him almesse to cōstreyne him to certeyn prayer. after your deuise so to let him of his deuocōn. Ne ye shal nat ye∣ue him almesse with intēcion to let him to pray for whom that he wole after that his deuocion is & after y^e god yeueth hī grace. For alway the prest must be more fre to pray thāne ye may be to yeue. ne ye may nat with your yift cō∣streyne him ne lett him to praye for whom that he wole praye. For al thoughe the preest be ar∣tyde by the lawe of his takynge ther may though noo lawe arte him of his praier but that he shal alway be fre to praye for whom that he wole / and as his deuoci∣on is for al cristen / and for the cō¦uersion of al hethen folke. And therfore leue frende ye shal yeue freely to the preest what you ly∣keth so to excite his deuocion to pray for you and the more to ha¦ue you in loue and mynde in his prayers / nat to lese his charite to pray for other. For the mo that he praieth fore by wey of charite the more profite it is to you and to your freendes soules. that he syngith fore.

The xxiii. chapter.

DIues.

thy speche semethe to me ful reasonable But I pray the if religiouse / or secu∣ler clerkes selle any grounde of scūarie in church or churchyerde to buriynge of dede bodies / is it symonye

Pauper.

Neither the office of buriyng ne the grounde of sanctuarie may be solde to bu¦riyng withoute symony Tercia q̄. ii. &c. postqm̄ / et in sūma cōf. li. i. ti. xvi. q̄. prima. Moch mo¦re thanne it is symonie to sel the grounde of sanctuarie in church or in church yerde to chapmen to sett on their bothes and their stal¦les for to make goddes house an house of marchandise / and a den of theuys ayenst the lore of crist.

And if the colleges or curates. selle the rynginge of their belles at buriynges or at diriges / soo y^t they wole nat suffre their belles. be ronge but they haue a certein money therfore / it is symonye / & to selle the office of ryngynge is symony. Nathelesse the ryngers may take for their trauayle And he that hath thoffice of ryn∣gyng frely yeuen to him may let that office to hire withouten sy∣mony In sūma. conf. li.i^o ti^o.i.

Diues.

It semyth by thy speche that clerkes charged sūtyme mo¦che the vyce of symony

Pauper

It muste be chargyde. for it is a synne y^t god punyssheth ful hard For as Ierom Austyn & Grego∣ry say / symone of the preestes of the olde lawe was one of the prī∣cipal causes. Why god distroyed the cite and the temple of ierusa∣lē / and the kingdome of iewes

Diues

Is it symone if colleges of religious or of seculers abbot or priour selle oute of their hous lyuerunse

Pau{per}.

Many cler¦kes sey that it is no symony / but it is a ful vnsiker marchaundise And I dare say that it it sacrile∣ge and theft ful nighe symonye. For why the godes of holy chur∣che so wele endowed ben youen to helpe of the pore & to kepe hos¦pitalite nat to selle them ayen to riche mē to mayntene them ī vn¦lust and in bodily ease But that the clerkes that serue the church shall lyue therby / and to spende the remenant in hospitalite / and in almesse to the pore people. And so the godes of that colleg∣ges been nat here but as dispen∣soures. For they been the poore mēnys to whom and for whom tho were yeuen And by suche ly∣uerūses / the colleges be brought to pouertie / and the pore and the seke that shulde be holpen ther∣by / been fraudyd / and robbyd of their righte And persones been made riche / and the comynutee.

ouir pore & charite is exiled oute of the cōgregacion For whanne the money is paied the religious that solde the lyuersūnes desire the deth of the bier And comōly. suche lyuersūnes ben solde in ho¦pe that the byer shal sone dye / or in hope y^t in his endynge he shall yeue to them al his gode or mo∣che therof passynge his couenāt And so sellyng of suche lyuersū∣nes is ferre from charite. and de∣pe groundid in false couetise & it is yift and sacrilege in that y^t thei so minystre the godes of the pore folke and selle theym aweye / by which godes the pore folk shuld be holpen / and so bothe the byer. and the seller do sacrilege. For these skylles and many moo sel∣lyng and biyng of suche lyuersū¦nes ben vtterly forboden. by the lawes of holy churche. in cōstitu¦tionibus octo bon̄. c^o. volentes.

The xxiii. chapter.

DIues.

Is vsurie & gonel. any spice of theft

Pau{per}.

In cas it is ful greate thefte.

Diues.

What is {pro}pirly vsurye.

Pau{per}.

Vsure is a wynnyng ax¦ed by couenaunt of lenyng. and for lenyng / as saith Raymunde li^o / iii.••. ti. And it is done mooste comonly in thinges of nombree. of weight & of mesure / as in mo∣ney y^t is tolde / or metall or other thinge that is weyed / or in corne oyle wyne / y^t is mesured.

Diues

Howe many spices been they of vsury.

Pauper

Raymounde saith that ther ben ii. spices of v∣sure / one is spūel and rightful of whiche Crist spekith in the gos∣pel Luce xix. Quare non dedi∣sti pecuniā meā ad mensam. &c. Why yaue thou natt my money to the borde / y^t is to say my grace & my yiftes to {pro}fyt of other men by open cōmunicacion. And soo spirituel vsure is clepyd multi∣plicacion of the yiftes of god / & of the graces that god hath youē to man or womā nat to hyde thē but to comyne them forth to pro¦fytt of other And so with the gra¦ce and the yift that god hath yo∣uen to man for a litel trauayle. to wynne an hundryd folde me∣de in heuene. Another vsurie is bodily vsure and vnrightful. that cūmeth of false couetise by couenaunt of lenynge. For if wynnyng come frely to the lener for his lenynge withouten coue∣naunt / so that his intencion wer̄ nat corrupt in his lenynge / but y^t he lente principaly for charite / & nat principaly for worldly wyn¦nyng / it is none vsure al though he hope to haue and so haue auā¦tage

by his lenyng But if he lēt prīcipaly in hope of worldly wī∣nyng whether he lent it with co∣uenaunt or without couenaunt of wynnynge for his fals coue∣tous intencion he dothe vsure / & is an vsurer Therfore Crist saiy in the gospel. Date mutuū nihil inde s{per}antes. Luce vi. ¶yeue ye your lone hopyng no wynnyng therof / that is to say / as saith the glose Do ye it prīcipaly for god. and nat for man / but hope ye prī¦cipaly to haue your mede of god y^t biddith you lene And thanne whether the borower pay or nat pay god shal yelde you your me¦de.

Diues.

May the lener axe no thīg of the borower for his le∣nynge.

Pau{per}.

No money ne thinge that may be measured by money / neither mete ne drynke. ne cloth / ne yift of honde of tūge ne of seruyce. But other thing y^t may nat be mesured by moneye. he may axe / as loue and charite. gode wylle and gode frenshippe for his lenyng

Diues.

Why is vsurie holden so grete asynne.

Pauper.

For the vsurer sellith to gidre the thing that he lenyth and the vse of the thing And ther¦fore vsure cūmyth of the selling of the vse. The vsurer sellith the thinge that he lenyth in that yat he takithe more ouir for the vse. of the thinge. ¶Wherfore thou shalt vnderstonde that many thī¦ges ther be that may nat be vsed withouten waste and distructiō. of the thinge / as mete and drink and suche other / and in suche the vse may nat be departed from ye thing. But nedes he that graun∣tith the thinge / grauntith the vse of the thing / and they may natt be solde a sundre. And in suche thinges / if the seller take for the vse he sellith that thinge twyes. and sellith thinge that noughte is. For the vse of that thinge is fulle waste therof. and for suche sellynge of the vse it is clepyd v¦sury. For the vsurer sellith the thinge in it self and the vse ouir. Sūme thīges ther be ī which the vse is nat full distruccion of the thinge / as vse of an house is the duelling or occupacion therof / & ī suche the lordship of the thinge may be graūtid withoutē the vse & the vse withoutē the lordship. And so a mā may take his hous y^t he letith to hire ayē to hī & ouir take for the vse of the hous But as the philosop̄. saith v^o iii. poli¦tico{rum}. the vse of money is chaū∣ging of one for a nother to helpe and ese of the comynute whiche chaungyng is destruccion of the money and wastynge in maner. In that he that chaungithe it.

for other thing so spent it away. And therfore it is vnleful. for to take any thing for the vse y^t ow^t to be comen to al / as it is ordey∣ned to help and ease of al And therfore it suffiseth y^t the lener ta∣ke ayen the euyne value / & if he take more ouir for the vse he doy vsure / and he is bounde to resti∣tucion

Diues

Contra. God yaf leue to the iewes to take vsure of other nacions.

Pau{per}.

That was to fle the more euyl / for els they wolde haue taken vsurie of their brethern for couetise / and y^e god forbade them & grauntyd to them to take vsure of other naci∣ons about them & amonge them bothe to spare their owne nacion and also to gete so ayen in {per}tie y^t longid to them by the graunt of god For al y^e lōde theraboute en¦habite with the hithen peple lon∣gyd to the iewes by the graunte of god / & wrongfully the hethen peple withelde moche londe fro them.

The xxv. chapter.

IF lordes of mylnes. lene money to bakers / or to o∣ther folke in couenaunte. y^t they shal nat grynde but at their myl¦les they do vsurie & so lete theim that they may nat grynde freely where they wole. And if they be harmed therby / the leners be boū¦den to make restitucion. But if they be nat harmed therby. they be nat bounde to restitucion but for that they let them of their fre∣dome / sumdele they ben bonndē. And the same is of chapmē. that selle to creaūce to let the bier frō other chapmen / or bicause of her lenyng selle to theym more dere. thanne to other. Suche sellers ben bounde to restitucion / in y^t the bier be harmed and hyndryd. If the lener or ony other mā wol nat yeue to his dettour lenger ty¦me of paiement whanne he may nat kepe his day assigned / but he haue sūme yifte / thoughe he axe no yift opēly he doth vsure And if a chapmen selle the more dere. for the lenyng of his price thāne he shulde selle if he paied anoon he doth vsure. and he is bounden to restitucion Extra li. e. ti. con¦siluit If the borower vpon v∣sure faile of his day of payment. he that is his borowe may paye that money with the vsure to ye lenner. & do his dettour for who∣me he is borowe pay to him ayē. that money with the vsure. For it is to the borowe none v∣sure. For he wynneth nought therby / but so fleeth myscheyf.

that shulde elles falle to him If a man be cōpelled to borowe mo¦ney with vsure for falhede of his dettoure that wole nat paie him at his terme that false dettour is boūden to make restitucion nat ōly of his det / but also of ye vsur̄ yat he was compelled to pay for his falshede / or elles deliuer him out of daunger if it be yit to pay Extra libro tercio de fideiussori∣bus. c. {per}uenit. et c. cōstitutus. If a man or a woman lene x. she¦linges at Ester or in other tyme. to resceyue asmany busshellis of whete at mighelmesse / & ye whete be better for that tyme thanne is the money / & it be in doute skil∣fully whether the whete shalle be more worthe or lesse. in tyme of paymēt it is noon vsure. But if it were semly that it shuld be mo¦re worth in tyme of paymēt and he lent the money in hope of yat lucre he dyd vsure. Extra e. titu¦lo nauiganti. et in sūma conf. li¦bro ii. titulo vii. If the seller selle a thing for the more price bi¦cause that he abideth of his pay. he doth vsure And if the bier bye a thing for lesse than it is worthe for y^t he paieth bifore or the thing bought may be taken to him / he dothe vsurie. ibidē in sūma cōf. If a man lene siluer or wyne to haue ayen the same quātite ī cer∣teyn tyme / only in hope that the same quātite shalbe more worth in tyme of paymēt / he doth vsur̄ And if the dettour wole pay him his det bifore that tyme to fle his owne harme / and he wole nat ta¦ke it of him to the tyme assigned of the pay^t so to wynne by his le¦nyng / he doth vsurie. If a man lene money to resceyue a certein tyme corne wyne or other thing therfore / he shal take asmoch as cūmeth therto in tyme of pay^t & no more If a man lene money to resceyue other maner money. therfore ī certeyn tyme to wynne therby & so to charge hi•• dettour he doth vsurie. If a man selle a thynge for certein price. as the market gothe in tyme of the sel∣ling in couenaūt that if it be bet∣ter worth bifore ester that he shal pay so moche more / and though it be lesse / worthe he shalle paye noo lesse. he doth vsure. If the byer bye hors or other bestes for lesse price than they be worth in tyme of biyng. to resceyue theim after in certeyn tym̄ of feire / it is vsure / but he wene sikerly / that it shulde be thanne only so moch worth or lesse worth. but if he we¦ne that they shulde be that tyme more worthe it is vsure.

The xxvi. chapter.

IF a man let his horse / his oxe or cowe to hire / in co¦uenaunt that if the best die or ap¦peyre / he that hireth it shal stond to half losse and to half wīnyng if it amende. he doth vsurie For it is nat semely that he shulde ha¦ue asmoche profyt by the amend¦ment of the beest as he shuld ha∣ue harme by the deth. Nathelesse though he that lettith it to hyre. make suche couenaūt with him. that hireth it to do him be the mo¦re besy to saue the beste. he dothe no synne / if his purpos be nat to take though the beest perisshe w^t outen his defaute. Butt if he do it for gyle or couetise / he doth v∣surie. And therfore it is goode to fle suche couenauntes. For alle though his intencion be gode yit the maner of the couenauute se∣mith wycked and selaundrouse. to folk that knowe nat his intē∣cion. Nathelesse he that hyreth a thinge may lefully take to hym. the {per}el and the mischeif of y^e thīg that he hireth if he wole. If a man be take his beest to a poore mā to hire or to kepe in couenāt. vtterly that if it dye it shal die to the pore mā and lyue to hym for for he wole haue as gode therfor̄ it is wycked vsurie. Suche vsu¦rers ben the feendes charmoures for to suche folke their shepe / ne their bestes shal neuir die. If men in tyme of plentie bye in corne or other nedefull thinges. principaly to selle theym forthe. more dere in tym̄ of derth and of nede / it is synne. But if it be doo principally for comyn profytt / & for saluacion of the cuntre / it is medeful For Ioseph gouernour of egipt dyd so to saue the people in tyme of hungre. Gen̄. xlvii Also a man may do so for his ow¦ne profit to fle mischeif cūmyng by wey of {pro}uidence / and though he selle forth in tyme of neede. to help of other as the market goth he dothe no synne in that. But if he witholde it and wole nat selle forth in tyme of nede thinge y^t he hath passīg his lyuīg / but kepith stylle in hope of more derth / he sī¦neth greuously And therfore sa∣lomon saith. Qui abscondit fru∣mentū male dicetur in populis. Bn̄dictio dn̄i su{per} caput venden∣ciū {pro}uerbi. xi. He that hideth whete in tyme of hungre shallbe accursyd amonges the people And the blessyng of god vpon ye hede of them that selle forth. Al∣so it may be don by comon right of marchandise / they to wynne therby ther true liuyng / soo that they cause no derth byther biyng And namely they may bie so lee∣fully y^t haue nat wherby to lyue.

but suche marchaundise Butt if they do it only of auarice / and to compelle men to bye men at ther likyng / and as dere as they wole thāne they synne greuously and namely couetouse clerkes / that haue enough elles wherby to ly¦ue For to clerkes it is nat graun¦tyd suche marchaundise. If a clerke bye a beest or other thyng and by his husbondry or by craft leful to him it be amēdyd or put in better degre thanne it was bi∣fore he may selle it forth lefully. for more thanne he bought it to. For such doyng is clepyd propir¦ly craft. and nat marchaundise. xxiiii. q̄. iii. canonū glosa. et de¦con. di. v. nun{quam}. If a man le¦ne old corne to haue therfore ne∣we corne at heruyste / and wole nat take olde corn for old corne. as good for as gode. Whāne the borower may pay it he doth vsu¦rie as saith Raymond Et sūma conf. vbi supra But if it be done prīcipaly to saue his owne gode. that eles shulde perisshe / or prin∣cipaly for help of his neighbour he dothe none vsurie By goddes lawe al vsurie is dampned. By em{per}oures lawe & by by mannes lawe sumtyme it is suffryd natt for yat it is gode ne leful but for to fle the more euyl. for ofte men shulde perissh. but they might bo¦rowe vpon vsurie For elles the couetous riche men. Wole nat le∣ne to the nedeful / and so the lawe of man rightfully suffrith it for a gode ende But the couetouse mā doth it vnrightfully & for a wyc¦ked ende And therfore holy chur∣che dampneth them that lene vp¦on vsury but nat in them that bo¦rowe for nede / or for a goode cāe vpon vsurie whēne he may natt elles borowe But if they borowe for a wycked cause / as for pley at the dyce / or to spende it in glo∣tony lecherie or pride / or in other wycked vse / they synne greuous¦ly And though it be leful to bo∣rowe for a gode ende vpon vsu∣rie / yit it is nat leful to lene vp∣on vsurie / ne to counseyl any to borowe vpon vsurie. As it is le∣fulle to a cristen man to take an hethen man y^t swerith by his fale god And yit it is nat leful to the cristen mā for to axe of him that othe / ne to styrre him therto. For why othe and swerynge is a diui¦ne. Worship that longith only to verrey god Also notaries y^t make instrumentes vpon couenaūtes of vsurie ben forsworne. For whanne they be made notaries. they make an othe that they shal neuir make instrumentes vpon couenaunt of vsurie And so if they make any suche instrumēt.

they been forsworne / & they may neuir after bere wytnesse in any cause ne make instrumēt in any cause For they ben made therby of wycked name. and vnable to euery office worshipfulle / in the lawe and to euery dignite And if any p̄late vnder wrytt to such co¦uenaunt or sette his seale therto. Wyttyngly / is giltye of vsurye. though he haue no wīnyng ther∣by. Hec in sūma conf.

The xxvii. chapter

DIues.

What peyne is or¦deyned in the lawe for vsu¦rers

Pauper.

Alle vsurers by the lawe ben bounden to restitu∣cion And if they been open vsu∣rers / they ben accursed by the la∣we in thre thīges For they shuld nat be houseled. ne holy churche shal nat take ther offryng ne res∣ceyue them to cristē buriyng but they amēde thē bifore their deth. And what preest elles taketh her offcyng & burieth them / he shalle make restitucion of y^t he takithe to the busshop in help of the pore folke And he is worthy to be sus¦pendid of his office & of his messe Extra e. ti. quia in omnibus. If the vsurer may nat make res∣titucion / he muste axe foryeue∣nesse of hem that he is dettour to if he wole be saued And nat only ye vsurer / but also his heir is boū¦den to restitucion / and he may be compelled by the lawe to restitu¦cion. Extra e. ti. tu nos And if other men be bounden to him for vsury he may no restitucion axe til he haue made restitucion to o∣ther that he is bounde to for vsu∣rie Extra e. ti. quia frusta.

Diues.

Wherby shulde men knowe an open vsurer

Pauper

If he kepe open stacion or open shoppe to lene or to chaunge for vsurie. Or if he knowlege it bi∣fore a iuge in dome / or be cōuicte by wytnesse / or if he bere the na∣me of an vsurer with dedys open¦ly don accordyng to that name.

If a clerke be an vsurer / or an heir to an vsurer but he wole ma∣ke restitucion he shalbe suspen∣dyd And but he wole amende hī he shalbe deposed. And if he be so īcorrigible that his busshop may nat amēde / him he shalbe chasti¦sed by seculer hōde. Extra libro secundo titulo de iudiciis. capi∣tulo cū non ab homine. The clerke shal make restitucion of his owne gode if he haue wherof and nat of godes of holy churche but if he haue ought spēt of such vsurie to profyt of holy churche

If a prelate resceyue offrynge of the vsurer sūme clerkes say that he shalle take it ayen to the vsu∣rer in repreef of his synne. Sūme saye that he shalle take it to the busshop which shal take it ayen to the vsurer. And if that vsurer. may nat be founden the busshop shalle yeue it to the pore folke. If the borower swer̄ that he shal pay the vsurer & nat axe it ayen. he must paye it to saue his othe. and he shalle nat axe it ayen.

But he may make denuncia¦cion to prelates of holy churche. of that vsurie. yat the vsurer may be compellyd by lawes of hooly churche to amende him / and soo to make restitucion And if he swere that he shalle neuir bewrey him to holy churche. of that vsu∣rye / he is nat bounden to that o∣the. For it is ayenst the salua¦cion of his euyne cristen. and a∣yenst the precepte of god.

¶If the vsurer bye an horse or londe withouten money of his vsurer / and yeue it to a no¦ther / he that resceyueth that yifte is bounden to make restitucion. if he wyst that it was so bought and youen. Extra. e. cum tu. Seruaūtes and labourers / that serue vsurers in honeste thinges. may lefully take their hire of thē Butt if they serue theim in thyn∣ges nat nedefulle ne leeful. they may nat take their hyre of the v∣surer. If the seruaunte borowe money vpon vsurie / withouten biddyng of his maister / thoughe he borowe it for the nedys of hys maister / or any man borowe mo¦ney vpon vsurie for the nedis of a nother withouten his bidding. he that so boroweth. is bounden to restitucion / if the vsurer wold lene withoutē vsure freely. He y^e coūselith hī nat to lene but vpon vsure is boūde to restitucion / for he lettith the proufytte of his ni∣ghboure. If a Iewe lene to a cri¦sten man vpon vsury / he synneth And he may be compelled by pre¦lates and by lordes to make resti¦tucion. Extra e. post miserabilē And it is nat lefulle to any cristē man or woman to take vsurye. of any man Cristen or hethen.

No lorde / no college / no man shuld suffre vsurers duelle ī their lordshippe. ne lete theym to hyre to duelle in / But within thre mo¦nethes that they knowe of theire vsurye. they shulde putte theym oute / and neuir resceyue suche v∣surers more after. And if bus∣shoppe / or archebusshop doo the contrarie they been suspendyde. And they that been of lesse degre. been accursed if they doo the con¦trarie / and colleges and comyn∣tes

falle into interdit And if they stonde stylle in their malice / one moneth alle their londes ben in∣terdited And lewde people that suffre suche vsurers to duelle in their lordship. or in their houses. shulde be compellyd by censure. of holy churche to putt them out scdm̄ grego. decimū / et cōsilium lugdunense ti. de vsuris c^o. vsu∣rarum. Hec in fumma conf. li. se¦cundo. ii. ti. e. Also if a mā selle a thing for moche lesse thanne it is worth in couenaunt to haue it ayē what tyme that he wole pay the price that it is worth / it is v∣surie For the byer gettith ayen al that he paied and asmoche therto As if a man selle a thyng for ten shelinges that is wele worth xx. shelynges / he shal haue it ayen. for so the byer wynneth by vsure ten shelinges ouir that he payed firste.

The xxviii chapter

BVt suche slightes and ma¦ny other that been nat wri¦ten here / the false vsurers cursed of god begyle and robbe the pore people ayenst the precept of god there he saith thus. If thou lene. to my pore peple / thou shalt nat therfore mysbede him ne trauayl him the more therfor̄ / ne ouirp̄sse him with vsurie. Exodi xxii. If thy brother saith he be nedye. pore or feble. take none vsure of him / take no more. thanne thou yaue Drede thy god that thy po¦re brother may lyue with the / Thou shalt nat lene thy money to vsurie / ne axe of him ouir ha∣bundaūce. Take no more than thou lentyst Shus saith god Le¦uitici xxv. Non fenerabis fatri tuo &c. Thou shalt lene to thy brother by vsurie neither money ne corne ne any other thing But lene it to him withouten vsurie. that thy lorde god may blesse the in euery werk that thou hast don Deutro. xxiii For who so leneth to his euen cristen withoutē vsu¦rie he shalle spede the better. And they that lene with vsure. shalle spede the worse. And in what londe vsurie is vsed openly that londe shal mysfare Therfore da¦uid saith / that wyckednesse hath besegyd that cite & y^e comynte by day & by night aboue the walles and trauayle and vnright & mo∣che wronge is in y^e cite. & gyle. & vsure faileth nat from the stretis of y^e cite. Die ac nocte circumda∣bit eā su{per} muros ei{us} īiquitas. &c. For suche vsurie & gyle and false othes in biyng & selling / the pro∣phete zacharie saith y^t he sawe a boke fleyng in the eyre y^t was xx

cubites longe & x. in brede. And he axed the aungel of god what it might be / & the aungel saide to him it is the curse of god y^t gothe to the houses of theuys / & to men nys houses that forsuere theym. by the name of god. zacharie v••. And therfore salomon saith that who so gadreth tresoures with a liyng tunge / he is veyne and e∣uyl herted / and he shal stumble. to the snares of deth. Raueyners and robbries of wicked men shal drawe theym downe to helle. for they wolde do no rightful dome Prouer. xxi. To suche god ye∣ueth his curse. Woo he saith be to you that ioyne house to house. & couple felde to felde / and saye of right that is wronge / & of wrōge y^t is right / and put light into derk¦nesse / and derknesse īto light / byt¦ter into swete / and swete into bit¦tre. ysa v.c. For these false men of lawe and sligh couetouse folk be a mannys cause euir so goode but they haue moneye to stonde with him they shalle saye that is a wycked cause. And be it euir so clere in right / they shal seye. it is ful derke / they can se none helpe therin And be it neuir so derke y^t nomā can se right therin / for mo¦ney they shal say that it is clere e¦nough And be it euir so siker. or esy to pursue & swete ī ye silf they shal say it is a bytter cause & vn∣sauery to dele w^t / but they haue money / & be it euir so {per}ilous and bytter for money they shal say y^t it is siker enough. He that rob¦beth his euyn cristen of any gode he dothe ayēst thre lawes. Firste ayēst the lawe of kynde y^t saithe thus That thou hatist to be don to the. do thou it nat to a noiher. Also he dothe ayēst lawe writen. Nō furtū facies •• y^t biddith Thou shalt do no theft Also he dothe a∣yenst the lawe of grace For chari¦te y^t is principal heest of the lawe of grace biddeth y^t men shulde ye¦ue to other of their gode & nat ta∣ke from them wrongfully. We fynde in holy wrytt Iosue vi. et vii. cap̄. y^t for achor stal golde sil¦uer & cloth ayēst the beest of god. he and his wyf / his children / and al his bestes were stooned to the deth first / and afterward brente. With al the other god that he had and xxxvi men slayne with ene¦myes for the theft of Achor / that so stalle ayenst goddes biheeste. And god saide that til whan his yefte was punysshed / the people shulde neuir haue spede in batail ne in otyer iourney.

Diues.

It is thanne lytel woūdre that our folk spede euil these daies ī wer••̄ vpon their enemyes. for they go more to robbe & to pile thanne to

fight for any right

Pauper

For that synne and many other / they spede ful euyl / For they be soo blent with synne that the light of grace by which they shuld be wis¦sed in ther dedys is hid a wey fro theym. and so they wandre forth amonge ther enemyes. as blynd bestes. and for they seen no mys∣cheif til they falle therin / For as the wyse man seithe / Obcecauit cos malicia eorum. sap̄. ii^o Ther malice hath made theym blynde Telleth a greate clerke. Solm{us} de mirabilibus mūdi that in the londe of serdynye is a welle of ye which welle if a trewe man drin∣ke. his sight shal amende / But if a thefe drynke therof. thoughe his sight be bifore euer so clere. he shal wey blynd / By this welle I vnderstonde plentie of worldly goodis and of richesses that god sendeth amonges mākinde whi∣che / goodys and richessis comen of the erth / and newen yere by ye∣re / as water in the welle. and alle trewe folk that drynken of thys welle / that is to seye that comen trewly to ther good and richessis of this worlde and spenden them wele to the worship of god. and {pro}fite of ther euen cristen: they ha¦ue more light of grace to se what is to doo / and what may please god / And they that falsely come to godes of this world by yift. by gyle. and vsure and by fals othes they wexen blynd. for they leese the light of grace and be blent w^t ther malice / Therfore seint Am∣brose su{per} lucam seyth. that in the richessis is no blame. but the bla¦me and the defaute is in theym y^t can nat wel vse ther richessis / And as richessis saith he is lettīg of vertue to shrewis. so it is help of vertue to gode folke that can and been in wille to vse wele her richesshis /

Diues.

I drede me that nigh alle oure nacion hathe so drunken of this welle of sardy¦nye. that they been gostly blynd For if I take hede what theft of symonye regneth in the clergye. What theft of vsure regneth prin¦cipaly amonge marchaūtes and rich folke / what theft of raueyne and extorsion regnethe amonge the lordes. and grate men. What mycherie and robbere among the pore comons that be alwey incli¦ned to sle and to robbe. me thyn∣kethe that moch of oure nacion is gyltie in theft & ouerdon moch blent with fals couetise /

Pau{per}.

Therfore god seyth thus / Ami∣nimo vs{que} ad maximum omnes sequūtur auariciā / A {pro}phā vs{que} ad sacerdotem cūcti faciunt mē∣dacium. et ideo corruent. Fro ye leest to the most al they folowen

auarice and false couetise From the prophete to the preest al they make lesynges and doo gile and falsehede. And therfore they shalle falle. And I shalle yeue their wymen to straungers and their lōdes and their feeldes. to other heires Iere. viii. And by the prophete ysaie god vnder na¦myth the gouernours of the peo∣ple bothe in tem{per}altie and in spi¦ritualtie. and saith thus. Princi∣pes tui infideles socii furum &c. Thy princes been false. and fe∣lowys of theues. Alle they louen yiftis and folowe meedys & yel∣dynge ayen / For they demed not after the right. but after that mē might paye. ysa. i^o. Si vide∣bas furem currebas cum eo et cū adulteris porcionem et cetera. If thou seye a thefe thou ran w^t him to helpe him. as false iuges ī temporalte don these daies / And with lechouris and auoutreris. thou puttedist thy part as iugis in spiritualte don these dayea.