Diues [et] pauper

¶ Here endeth the sixthe commaun∣dement. And begynneth the seuenthe commaundement. (Book 7)

Capitulum Primū.

DIues. I thanke the for thou hast well de∣clared to me the sixth cōmaūdement. Now I praye the enfourme y^u me in the seuenthe cōmaundement. ¶Pauper. The se∣uenth cōmaūdement is this. Non fur¦tum facies. That is to saye. Thou shalt do no theeft / neyther in wyll / ne in dede as the glose sayth. And so by this cōmaundement is forboden all maner mys takynge & all maner fal¦se with holdynge & withdrawynge of other mennes good ayenst ther wyll / & all the menes that lede to theeft be also forboden by this cōmaūdement / as false weyghtes / false mesures / fals othes / gylous speche / gyle in crafte / & gyle in chafayre / false werkmanshyp & faynt labour in labourers that ta∣ken grete hyre & do lytyll therfore. Al¦so raueyns extorcyoners / false with∣holdynge of det & of mennes hyres / & fals withholdyng of mannes right & womans / & lettynge of ther ryght. All these be forboden by this cōmaū∣dement. And so by this cōmaūdemēt is forboden all maner theeft both bo∣dely & goostly. ¶Diues. What is bo¦dely theeft. ¶Pauper. As sayth Rey¦mu de .li.ij.ti.de furtis. Bodely theeft is a gylous & vnlefull treatynge and vsynge of an other mānes good me∣uable ayenst the wyl of the lorde that ought the thynge to gette the thynge in themselfe to his auaūtage / or to ha¦ue the vse of the thynge for a tyme or

for to hyde it for a tyme & denye the possessyon though he thynke to make restytucyon. And thus some is open theeft / & some is preuy theeft. Open theft is whan the theef is taken with his pelfere or conuycte by trewe wyt∣nesse of theeft / & suche theeft is pu∣nysshed by londes lawe and by holy chirches lawe. Some is do so preuely that the theef may not be take ther∣with ne conuycte. And suche may not be punysshed openly by no lawe / but only preuely by lawe of conscyence in the dome of his confessour whiche is boūde to coūseylle & to saue his name & his fame. And as the lawe sayth / euery vnlefull vsynge & takynge of other mannes good meuable or not meuable / is theeft .xiiij.q̄.v. penale. et xxxij.q̄.iiij meretrices. For as the la∣we sayth there / god that forbyddeth theeft forbyddeth raueyne.

Caplm .ij.

ALso leue frende ye shal vnder¦stande that as holy wryt wyt¦ne s;seth / there is theeft & rob∣berye of mannes name & womans / & that is called bacbytynge & defamyn¦ge / through whiche man & woman le seth his good name. And therfore the wyse man sayth. Ne appelleris susur to in vita tua. Eccl .v. Be thou not called a musterer ne preuy bacbyter in thy lyfe / be y^u not take false in thy ton¦ge that y^u be not shent for to y^t theeft that stele a mannes good name / ther to is ordeyned moche shame & moche payne & full wycked dampnacyon is to the double tonged man & woman and to musterers & preuy bachyters is hate & enmyte and despyte. Eccl .v. For this maner of theeft is full grete & greuous. For as Salomon sayth. Melius est nomē bonū {quam} diuicie mul¦te et su{per} aurū & argentū gracia bona A good name is better than many rychesses / & good grace of good loue passeth golde and syluer. Prouer.xxij. For the beste Iewell & moost ryches∣ses that man or woman may haue vp¦on erthe / is to haue a good name & lo¦ue & grace amonges his neyghbours & in the contre. And therfore bacby∣ters lesyngmongers and wycked spe∣kers y^t robbe man or woman of ther good name & brynge them in wycked name & fame / they be the worst the∣ues vpon the erthe / & they may not be assoyled of this theeft but they do ther deuoure vpon ther power / to re∣store man or woman ther good name & fame / that they haue wyckedly rob¦bed of theym. And therfore sayth the lawe / that they y^t with bacbytynge de¦stroye the good name & the good lyf & the good thewes of other folke be worse theues than be they that robbe men of ther goodes and of ther 〈◊〉〈◊〉 vi.q̄.i. de••iores. And in the next chap¦tre / the lawe sayth / that bacbytynge is a full grete wyckednesse. For who so bacbyteth his brother he is a man∣sleer / and there shall no suche theef ne mansleer haue parte in the kyngdom of heuen. And therfor the lawe sayth in an other place that it profyteth not as anentes mede in heuen a man to faste or to praye or to doe other good dedes of relygyon but his thoughtes

be withdrawen fro wyckednesse and his tonge fro bachytynge. De condi∣ci .v. nichil em̄ {pro}de••t. And not only he is gylty in bachytynge y^t speketh e∣uyll of his euen crysten but also tho y^t gladly here suche wycked speche and shrewde tales of ther euen crysten .vi. q̄ .i. e•• merito .xxi.q̄.iij. nō solum. And therfor y^• wyse man sayth / put awaye fro the y^• wycked mouth / & put awaye fer fro the lyppes bachytynge. Proū. iiij. Hegge thyn eeres with thornes / & here not the wycked tonge / and ma∣ke dores to thy mouth / and lockes to thyn eeres. Eccl .xxviij. Thynke that he wyll speke of the as euyll behynde the / as he dooth of an other behynde hym. Thynke what wo & myscheef cometh of bachytynge & wycked ton∣ges / and shewe hym noo good chere / but shewe hym by thy contenaūce & thy chere y^t his speche pleaseth the not & anone he shall cesse & be ashamed of his malyce. For y^• wyse man sayth Ryght as the northen wynde destroy de & scatereth the rayne & y^• cloudes / so the heuy face of the herer destroyed the bachytynge tonge. Prouer .xxv. The childeren of Israell bacbyte•• goddes doynge / & lacked the londe of byheste whan they sholde haue en∣tred & god was offended with them / & badde them goo ayen bacwarde in to deser••e and there he helde them .xl. yere tylle they were deed euer ychone that came out of Egypte / saue two men Iosue and Caleph. For they two spake good of the londe of byheste / & helde with god. And so the childe∣ren of the people that came out of Egypt entred the londe of byheste / & not y^• fads saue Iosue & Caleph / & y^• for ther bacbytynge. Nume .xiiij. Also Mary the syster of Moyses bacbyted hyr brother Moyses & spake euyll of hym / & anone she was a foule lepre & myght not be heled tyll Moyses pray¦de to god for hyr. Numeri .xij.

Caplm .iij.

ALso there is theeft of wordes of whiche theeft god speketh by the prophete Ieremi .xxiij. Where god vndernemeth false {pro}phe∣tes and false prechours whiche stale awaye his wordes fro the people and tolde not the truth as god badd them but only sayd suche thynges that shal please the people & soo desceyue the people with lesynges and with false myracles / as men doo now a dayes faynynge myracles of ymages as men do now a dayes to maynten ydo¦latrye for lucre of offrynge and false myracles of wycked lyuers / & saye y^t god doth myracles for them / and so blynden the people in falsenesse. And so they gyue the worshyp of myracles doynge to ymages y^t man hath ma∣de / and to wycked lyuers goddes ene∣myes whiche myracles only god may do / and so robbe god of his worshyp. And in that they withdrawe goddes worde & the truthe to goddes lawe y^t longeth to men of holy chirche to te∣che / & to the people to can & to kno∣we. And so they desceyue the people in y^t they be theues of goddes worde / and shall be punysshed full harde of god for suche theeft of goddes worde

For god sayth to euery prelate curate & prechour. Speculatorem dedi te do∣min israell &c. I haue made the a daye wayte to the housholde of Isra∣ell and to my people / and y^u shalt here my worde of my mouth / and shewe it & telle it in my name to theym. Yf I saye to the wycked man y^• he shall dye for his wyckednesse. And y^• tellest hym not but hydest my worde / & spe∣keste not to hym that he may tourne hym from his wyckednesse & leue it / that wycked man shall dye in his wyckednesse / & I shall seke the blood & the deth of hym of thyn honde / y^t is to saye / y^u shalt answere for his deth. Eccl .iij. Also they be theues of god∣des wordes that preche goddes wor∣des to theyr owne worldely auanta∣ge / not to the worshyppe of god / ne to proufyte of mannes soule. Also they be theues of goddes wordes that alleg¦gen goddes wordes & holy wryt false¦ly to mayntene errours & heresyes / or synne or shrewednesse.

Caplm .iiij.

ALso there is a theeft of worl∣dely good. Of suche theeft Iob sayth. Agrū nō suū de∣metūt. They repe other mennes fel∣des & make vyntage of ther mennes wyues / & take mennes clothynge fro them & late them naked in the colde wynter / & robbe moderlesse childern & poore wedowes by myght & spoyle & robbed the poore people. The theef sayth / he ryseth vp in the morowe & sleeth the nedy & y^• poore / & by nyght he steleth as a mycher. Sed de{us} inul∣tū abire nō pati••. Iob .xxiiij. ¶Diues How many spyces be ther of theeft. ¶Pauper. Full many. For somtyme a thynge is stolen preuely without we tynge of the lorde or of the keper and ayenst ther wyll / & it is called myche rye / somtyme it is do openly by myght & vyolence wetynge the lorde & the ke¦per ayenst ther wyll / & that is propre¦ly rapina raueyn. Somtyme it is do wetynge the lorde or the keper and a parte ayenst ther wyll / but not all a∣yenst ther wyll vnder certayn condy∣cōn of wynnynge / not lefull in the ta¦ker / & than it is called vsura / gouel or vsure in englysshe. Also al maner vn¦ryghtfull occupyenge of ony thynge lordshyppe or ony other auer in this worlde / is called theeft. And therfore saynt Austen sayth thus. The thyn∣ge y^t man or woman hath by the lawe y^t is his by the lawe & none other mā¦nes And man hath by the lawe y^t he hath ryghtfully & he hath y^t ryghtful¦ly y^t he hath well. And therfore sayth he / euery thynge that is mys had is o∣ther mennes / & euery man hath his good amys that vseth his good amys In epla ad Macedoniū. Also with∣holdynge of almesse from the poore nedy folke is theeft in goddes syght. For the couetous ryche men withdra¦we fro the poore folke y^t longeth to them / & myspende the poore mennes good wherby they sholde be susteyned And therfore the wyse man sayth. Sone defraude thou not the almesse of the poore man / ne torne not awaye thyne eyen fro the poore / ne despyse not the hongry soule / ne tene ne an∣gre

thou not the poore in his mysche¦ue Tourment thou not the herte of the nedy / ne delaye thou not the gyf∣te from hym that is in anguysshe. Caste not awaye the prayer of hym that is dyseased / ne tourne thou not thy face awaye fro the helplese for wrath / ne gyue y^u not hym that axeth the good none occasyon to curse the behynde the. For yf the poore man cur¦se the in bytternesse of soule / his pray¦er shall be herde. For he that made hym shall here hym. And therfor ma¦ke the plesaunt in speche to the con∣gregacōn of poore folke / & bowe thyn eere to the poore without heuynesse / and yelde thy dette & answere peasa∣ble thynges & mekenesse / not to arunt them ne rebuke them ne chyde them but onely thou haue the more open cause. Eccl .iiij. Therfore saynt Pou∣le sayth / that god loued a gladde gy∣uer. ¶Diues. By the lawe of kynde and by goddes lawe all thynge is co∣mon. And therfore sayth the lawe .xij q̄ .i. dilectissimis. Ryght as the ayer ne the lyght of the sonne may not be departed by lordshyppes ne apropred more to one persone than to an other ne to one college more than to a no∣ther / no more sholde other thynges y^t be gyuen comonly to helpe of man∣kynde be departed by lordshyppes / ne apropred more to one than to an other but al thynges sholde be comon. And therfore we rede Actuū .iiij. That in the begynnynge of holy chirche all thynges were comon to the multytu∣de of crysten people. And ayenst lawe of kynde is no dyspensacōn. Distinc. xiij .S. i. Why bad god than that men sholde not stele syth all thynge is co¦mon to good men. ¶Pauper. By goddes lawe all thynge is comon to good men. For as saynt Austen sayth Oia sūt iusto{rum}. All thyngis be y^• right full mennes. But as y^• lawe sayth .xij q̄ .i. dilectissimis Dyuysyon & properte of lordshyp is made amonges man∣kynde by wyckednesse of false couety¦se both of ryche & of poore. For the ry¦che drawe to themselfe y^t longeth to other. For why all y^t the ryche man hath passynge his honeste lyuynge af¦ter the degre of his dyspensacōn / it is other mennes & not his. And he shall gyue full harde rekenynge therof at the daye of dome whan god shal say to hym. Redde racionē villicacō••s tue Yelde acounte of thy balye. For ryche men & lordes in this worlde be god∣des balyfes and goddes reues to or∣deyne for the poore folke & to sustey∣ne them. And therfore sayth saynt Poule. Habentes alimēta et {qui}{bus} tega¦mur hijs ••tenti simus. Yf we haue nedeful lyuelode & helynge, be we pay¦de therwith & coueyte we no more. Al¦so poore folke be not payed with suf∣fycyent lyuynge but couete more than theym nedeth. And for couetyse more than for nede take thynges ayen the lordes wyll in hynderynge of hym & of other that be more nedy & sholde be holpe therby. And therfor god for∣bade all maner theeft y^t men sholde take no thynge for ony mys couetyse ayenst the lordes wyll.

Caplm .v.

DIues. Sythen all thynge is comon by goddes lawe & by lawe of kynde / how may ony 〈◊〉〈◊〉 be lord of ony thyng more than an other man. ¶Pauper. There is lordshyp of kynde / & there is lordshyp of this worlde groūded only in coue∣se / & there is lordshyp of dyspensacōn & of gouernaūce / & so Ioseph the sone of Iacob was called lorde of Egypt. Gen̄ .xlv. The fyrste lordshyp is co∣mon to euery good man & woman. For kynde made all men euen in lord¦shyp. And in token therof / both lorde & seruaūt / free & boūde / ryche & poore come in to this worlde naked & poore and go hens naked & poore. Nought they brynge w^t them but wepyng sob bynge & sorowe. And bere no thynge w^t them but ther good dedes or wyc∣ked. The lordshyp of this worlde is suffrable & worshypfull. For as saynt Poule sayth. Omnis potestas a deo ē Euery power & lordshyp in this worl¦de cometh of god. And therfore he byddeth that euery man and woman sholde be suget & meke to y^• lordshyp aboue them. For though the couetyse and wyckednesse that lordes & ryche men groūde theym in be of themselfe yet the lordshyp & power is of goddes gyfte. As saynt Austen sayth / & ther∣fore it muste be worshypped. The lordshyp that is only of dyspensacōn cōmytted by a souerayne is medefull worshypfull & cōmendable. Also ther is thre maner of propertees and pro¦perhede One is that kynde gyueth / as man to lye. And euery man hath his owne herte / his owne soule / & his owne wyll for to do well or euyll / and this properte is nedeful. An other pro¦perte ther is / y^t cometh only of couety¦se / by whiche couetyse folke saye / this is myne & this is thyne. And so they propren to themselfe by couetyse y^t is comon by kynde. And this propertee so groūded in couetyse is dampnable & synfull. The thyrde is dyspensacōn For one man hath moche thynge in his dyspensacyon and gouernaunce / that an other man hath nought to do of. And this dyspensacōn cometh so∣me tyme of goddes gyfte / as whan he sente one man more ryches in this worlde than an other. Somtyme it cometh by ordynaūce & gyfte of lor∣des & of soueraynes here in erthe. As whan lordes and prelates cōmytte to ther suget•• gouernaūce of ther goo∣des of ther places & benefyces. And this dyspensacōn yf it be well do it is full medeful. ¶Diues. But as saynt Poule sayth. It is a questyon who is foūde trewe amonge suche dyspen∣sours. For nygh al seke ther owne pro¦fyte / but not the worshyp of Ihesu cry¦ste. ¶Pauper. Many be full false / & yet sythen dyspensacyon of worldely goodes is so cōmytted to theym / in y^t they haue lorshyp of ther propre dys∣pensacōn ordeyned of god / & be cal∣led propre lordes of ther {pro}pre dyspen¦sacyon / not for ther false couetyse / ne for no properhede y^t they chalenge by false couetyse. For in that be they no lordes but tyraūtes and rauynours. And so though they haue propre lord¦shyp of dyspensacōn of worldely goo∣des more than the poore people / they

haue yet nomore lordshyp by waye of kynde than the poore man / ne non o∣ther lordshyp than the poore man / but only of dyspensacōn. And so though the ryche folke haue more lordshyp of propre dyspensacyon than the poore / yet the lordshyp of kynde in nedefull thynges standeth styll comon to ryche and poore. But for synne it is not so fre as it was byfor y^• synne of Adam For god wyl not y^t the poore folke ta¦ke ony thynge without leue of the pro¦pre dyspensatour y^t is called lorde ther¦of / & therfore god sayd. Non furtū fa¦cies Thou shalt do no theeft / y^t is to saye / y^u shalt nought take without thy lordes leue. ¶Diues. This is won∣derfull to me y^t the poore man is as grete a lorde by waye of kynde as the ryche / & yet may he nought take with out his leue. ¶Pauper. It is more wonder y^t the good poore man is lor∣de of all thynge nedefull to hym by waye of kynde / & y^t synfull ryche man is lorde of ryght nought by waye of kynde / for he is goddes traytour. And yet god wyll y^t the poore take ryght nought of the good y^t the ryche man hath in his dyspensacōn without leue ¶Diues. That is to me more wond¦ful / tell me how this may be ¶Pau{per} Thou myght see at eye y^t the kynges heyre aparant & other heyres of grete lordshyppes / not withstandynge that they be heyres & lordes of al / yet shal they not entre the offyce of ther offy∣cers / ne take ony thynge ayenst / ne be¦re ayenst without leue. And yf they do they shall be harde vndernomen / & in case bete of ther mayster & of ther tu¦tour For fredom in youth is cause of pryde & of many other vyces. Ryght so god seynge y^t mankynde whiche is lorde of all erthly goodes & ordeyned to regne in heuen blysse. Yf he hadde his fredom in vse of erthely thynges he sholde falle in pryde & many vy∣ces as Adam dyd whyle he was free. Therfore he hath put mankynde & namely the poore people vnder y^t go∣uernaūce of the ryche folke / & of ther lordes whiche be ther tutours & dys∣pensatours of goodes of this worlde to saluacōn of the poore people. And therfore sayth saynt Poule. Quanto tempore heres peruulus est nichil de∣fert a seruo cū sit dn̄s omniū. sed sub¦tutoribus et auctoribus est vs{que} ad pre¦finitu tempus a patre. ad Gala .iiij. As longe as the heyre is yonge and lytyll / ther is no dyfference bytwene hym & a seruaūt sythen ther is a lor∣de of all / but he is vnder tutour & go¦uernour vnto a certayne tyme ordey∣ned of the fader. And therfore sythen the ryche folke ben tutours & dyspen¦satours of these worldely goodes or∣deyned of god to saluacōn of the poo¦re people / god wyll that no man take of the goodes that ben commytted to them without theyr wyll & theyr leue And yf ony man take therof ayenst theyr wyll & ayenst goddes ordenaū∣ce / he doth theeft ayenst this cōmaū∣dement. Non furtū facies Thou shalt do no theeft.

Caplm .vi.

DIues. Is it lefull in ony case to stele & take ony thynge ayenst

the lordes wyll. ¶Pauper. Stelynge sowneth comonly theeft & robbery / & somtyme it sowneth preuely takynge without wyttynge of the lorde. And so it may be done in four cases with out synne. For nede / for almesse / for ryght / for happe of fyndynge. Fyrste for nede & myscheef / for yf ony man or woman for myscheef of hongre or of thryste / or of colde or of ony other myscheef / whiche myscheef he may not flee to saue his lyfe / but he take thynges ayenst the lordes wyll. Yf he take ony thynge so in peryll of deth / or in grete myscheef nede excuseth hȳ fro synne & fro theeft yf he do it only for nede and not for couetyse. And he ought to enfourme his conscyence & thynke y^t yf the lorde of y^e thynge kne¦we his myschef he sholde not be mys¦payed / & than doth he no theeft / for in the laste nede al thynge is comon. Al¦so for the lorde is boūde to helpe him at y^t nede / & also for nede hath no lawe Example we haue in y^e gospell where we fynde y^t the dyscyples of cryste for hongre toke eres in the felde & gnyd∣ded theym & ete the corn for hongre. The pharysees were asclaūdred ther¦of & sayd to cryste y^t his dyscyples dyd thynge y^t was not leful. And than cry¦ste excused them for nede of hongre & sayd that they were vngylty & Inno∣centes in y^t And he put them example of Dauyd that ete for nede of the ho¦ly loues in goddes tabernacle / whiche loues only prestes sholde ete by the la¦we Math .xij. For it is a generall ru∣le in the lawe / that nede hath no lawe ¶Diues. Is that man y^tso taketh for nede boūde to restytucōn. ¶Pau¦per Nay. And yet for more sykernesse & to put hym in drede of stelynge his confessour shal gyue hym somdele pe¦nau ce for that doynge. Also by waye of almesse the wyfe may take of her lordes good in whiche she hath dyspē¦sacōn / as in mete drynke & clothes / & gyue almesse mesurable to the nedy / & thynke that hyr husbonde sholde be pleased w^t hyr gyft yf he sawe y^t mys¦cheef of y^e poore / & yf he somtyme for∣byde his wyf to do almesse / she shall not full cesse from almesse dyscretely done. For husbondes make oft suche Inibycōns to theyr wyues to tempre ther gyuyng not fully to let hem. And yf she see y^t hyr husbonde be sclaūdred and wroth with her gyuynge / though his wrath be vnresonable / she muste tempre y^e more hir gyuynge / but whan she may wel som what gyue for them both w^t good conscyence. Natheles yf she see hym gretly agreued for hyr gy¦uynge / & he forbede vtterly hyr to gy¦ue almesse / than it is good y^t she obey to his byddynge & be sory y^t she may not gyue / & be alwaye in wyll to gyue yf she durste / & so wynne her mede by wyl alone as she dyde byfore by wyl & dede. ¶Diues. Yf the wyfe haue good in propre by hyrself. Bona {per}a∣fernalia. may she not gyue therof w^t out hyr husbondes wyll. ¶Pauper. She may gyue / & she is boūde to gy¦ue & he ought not to lette hyr. ¶Di¦ues I suppose that the husbonde for¦bede his wyfe vtterly to do almesse of his good / & she see a man or woman in vtter myscheef / may she not than

gyue them almesse and helpe theym. ¶Pauper. In y^t nede she is boūde to gyue & shall gyue / & thynke y^t hyr hus¦bonde sawe that nede he sholde not be myspayed. We rede in the fyrste boke of kynges .xxvi. ca. That ther was a grete nygard & an angry shrewe who¦se name was Naball. He had a good woman wyse & fayre to his wyf who¦se name was Abygaell. That tyme Dauyd fled the persecucōn of kynge Saul / & lyued in deserte with .vi. hon¦dred men w^t hym as outlawes. And for myscheef he sent .x. men to this ry¦che Naball praynge hym of some al∣messe in mete & drynke. But this Na¦ball despysed Dauyd & his messange¦res & called them theues & outlawes & flemyd men / & wolde no good gyue hem / notwithstandynge y^t they had sa¦ued his good & his bestes all y^• tyme that they were in deserte. Whan Da¦uyd herde these tydynges he was wro∣the / & came with .iiij. hondred men to slee Naball & all that longed to hym It happened y^t a seruaūt of Naball tolde his wyfe Abygaell how Dauyd had sent messangers to Naball / and how he had despysed theym. Anone Abygaell without wyttynge of Na¦ball charged asses with brede & wyne with soden flesshe of fyue shepe / fyg∣ges and reysens & other vytales gre∣te plente & sent to Dauyd by hyr ser¦uau tes / and she folowed after & hap∣pened to mete Dauyd in his comyn¦ge Than Dauyd repreued hyr hus∣bonde Naball of his vnkyndenesse / & sayd he sholde slee hym and all that longd to hym. Than y^t good woman Abygaell felle downe to groūde and worshypped Dauyd and prayed hym of audyence. Than she axed mercy for hyr husbonde Naball and excused hyrselfe that she wyste not of his mes¦sangers whan they were there & pray¦de Dauyd that he sholde not so ven∣ge hymselfe and taught hym moche goodnesse / & prophecyed to hym mo∣che welth & prayed hym that he wol∣de accepte hyr presaunt / & so he dyde. Than Dauyd sayd to hyr. Blessyd be our lorde god y^t sent the this daye to me / & blessyd be thy speche & bles∣syd be y^u that this daye haste letted me fro sheddynge of blood to venge my∣selfe. And than Dauyd tourned ayen in to deserte / & she came home ayen & foūde hyr husbonde Naball at sou∣per solemply. But that nyght she spa¦ke nought to hym of that mater for he was full dronken. But in the mo¦rowe whan he was sobre she tolde hȳ what she had do to saue his lyf. And anone his herte dyed for sorowe / and he wexe heuy as a stone / & within ten dayes he dyed a wycked deth / & than Dauyd wedded his wyfe Abygaell. Also yf man or woman stele awaye mannes swerde whan he is wood to lette hym of manslaughter of hym∣selfe or of other / he doth no theeft ne synne. Also by cause of ryghtwysnes man may take awaye other mennes goodes ayenst ther wyll / as in ryght∣ful batayle / so that they y^t fyght ryght fully ayenst the vnryghtful take ther goodes not for couetyse / but for ryght¦fulne s;se to shewe y^t they haue occupy∣ed tho goodes wrongfully. But yf

they talke ther goodes for euyll coue∣tyse they do rauayne though the dede be ryghtfull in themselfe.

Caplm .vij.

DIues. Yf a thynge be loste & he that fyndeth it kepeth it styll is it theeft. ¶Pauper. He that fyndeth it is boūde to restytu¦co n yf he may wete to whome it lon∣geth. And therfore he shall do men to wyte of the fyndynge by open speche in towne strete & in chirche that he y^t ought it may chalenge it. And yf no man chalenge it / he y^t founde it may by auctoryte of a wyse confessour ke∣pe it stylle yf he be poore & nedy and praye for hym that ought it / or ellys gyue it to other nedy that they maye praye for hym y^t ought it & soo make restytucōn. Therfore sayth saynt Au¦sten in Omelia. Yf y^u haste foūde ony thynge & not made restytucōn / that thynge y^u hast stolen. For he sayth / god taketh more hede to the herte than to the honde. And therfor theeft is done in a smale thynge as well as in a gre¦te For god charged not the thynge y^t is stolen / but the wycked wyll of the steler / as saynt Austen sayth & saynt Gregory. And therfore yf childern in ther youth stele pynnes or apples or ony other smale thynges / anone as it is perceyued they sholde be harde chas¦ty s;ed in the begynnynge. For the phy¦lo s;ophre sayth. Principijs obsta. With stande the begynnynge of vyces & of mycherye. For whan childern in yon∣ge begynnen to haue lykynge in my∣cherye / though the thynge be small in value theyr synne is not the lesse / ne the synne of them that suffre theym Therfore it is goddes dome y^t whan they be not chastysed in ther youthe for suche mycherye / afterwarde they stele gretter thynges & be hanged to shame & shenshyp of all ther kynne. And therfore as Boecius de discipli∣na scolariū telleth. Whan a mannes sone of Rome sholde be hanged / he prayed his fader to kysse hym / & he bote of his faders nose saynge to him Thynke well fader on this token & chastyse better thy childern / for had∣deste thou chastysed me in my youth. I sholde not haue be hanged. Ther∣fore the wyse man sayth. Qui parcit virge odit filiū suū &c̄. He that spa∣reth the yerde hateth his sone. And he loueth his sone that chastyseth hȳ and techeth hym besely. Prouer .xiij. We rede that on a tyme a poore man was tempted to ete goos flesshe / but he durste not stele for drede of han∣gynge. On a daye he mette with the fende & he bad hym stele a goos & ete ynough at ones / & he dyd so. And soo∣ne after he stale an oxe & was take & ledde to the galowes. And than the fende mette with hym & sayd to hym wheder awaye. Than the theef sayd to the fende / woo worth the wycked wyght for y^u haste brought me to this ende. Than sayd the fende blame me not / for thou myghtest see by the byll that it was no goos.

Caplm .viij.

DIues. I suppose that a man

haue borowed a thynge / and he that lent it hym taketh it awaye fro hym preuely ayenst his wyll & ayenst y^• co¦uenau t of the lenynge / doth that man theft so takyng away his owne good ¶Pauper. He doth theefth. For it is not for y^t tyme fully his owne good / as Raymūde sayth li.ij. ti. de furtis. And yf lord or lady / or ony other man betake his seruaūt or his offycer ony thynge to kepe / & he take it away fro hym without his wetynge for false co¦uety s;e or for malyce to endaūgere the seruaūt / he doth theft. For though the thynge be his owne / yet it is not frely his owne as longe as the seruaūt by his assent hath kepynge & dyspensa∣cōn therof. ¶Diues. I suppose a mā¦weneth to take his owne good whan he taketh an other mānes good ayēst his wyll / or yf he take his owne good vnlefully wenynge y^t it were lefull so to take it / dooth he ony theeft in this case. ¶Pauper. Nay / for all though in case he do vnlefully / yet in this ca¦se he doth no theft ne dedely synne / & yet he is boūde to restytucōn. Theeft encludeth alwaye gyle & falsenes w^t out whiche is no theft. And yf a man take of an other mannes good with out his wyttynge / yf he haue a Iuste cause to wene y^t he sholde not be mys∣payed tho he wyste it than doth he no theft ne synne / & yf he take an other mānes good wenynge y^t it be not his wyll tho it be his wyl y^t he take it / yet he doth theft & dedly synne in goddes syght / but he is not boūde to restytu∣cōn whan he knoweth y^t it is y^t lordes wyll / ne the lorde may not axe restytu¦co n syth it was his wyl. Yf a man or woman by mys eggynge take awaye an other mānes seruaūt he doth theft Yf a man selle or bye man or woman y^t is fre / or gyuet hym or taketh hym of gyft ayenst-hys wyl / he doth theft as sayth Raymū .vbi su••. Yf a man or woman be take prysoner in tyme of ryghtfull batayl he is not fre. And therfor his mayster may gyue him or selle hym by lawe of armes / but wa••e hȳ of lawe of conscyence & of charyte ¶Diues. Yf a man haue hyred or bo¦rowed an hors or ony other thynge in a certayn place & for a certayn tyme & he passe y^t place or his tyme ayenst his wyll that ought y^t thynge doth he theeft. ¶Pauper. Yf he do so of pur¦po s;e & for couetyse or some euyll cau∣se he doth theft. But yf there falle a sodayne case whan he cometh to that place that he hyred it to / & he knewe not of that case whan he hyred that thynge / & he muste nedes perfourme that case or ellys falle in grete har∣me / than he may take that horse or o∣ther thynge ferther & lenger without theeft / so that he may truly paye for that that he passeth in the fyrste coue¦nau t. ¶Diues. And what yf a man lene awaye an other mannes good without assent of hym / whiche good he lent him to his vse. ¶Pauper. He doth theft / but he haue Iuste cause to wene y^t the lorde of y^t thynge shal not be myspayd. For in y^t lenynge he vseth an other mānes good ayenst his wyl for lucre & wynnynge of frendshyp. And yf a man lene an other ony thyn¦ge vpon a wed / and he vsed that wed

without leue of hym that ought it / he doth theeft / but it be for saluacōn of the thyng. For yf he vse it for sparyng of his owne good for lucre or for fals couetyse ayenst his wyll y^t ought it / he doth theft as sayth y^• same clerke. Yf a thyng stolen perysshe / though y^• the∣fe haue no {pro}fyte therby / yet is he boū¦de to restytucyon / & he muste yelde as good or better than it was whan he to¦ke it. And he is boūde to make restytu¦co n both of y^t thynge & of y^• profyte y^t cam therof to hȳ / & for y^t profyte that sholde haue come therof to y^• lorde in the tyme y^t he occupyed it ayenst his wyl. And yf he haue amended y^• thyn¦ge y^t he stale / he may not axe it ayen ne withholde his expenses / & he shal ma¦ke restytucōn after y^• the thynge was worth whan he stale it or better. Yf y^• theef profre the lorde in couenable ty¦me & place y^• stolen thynge / & the lord wyll not receyue it / yf the thyng after y^t by myshap perysshe / the lorde hath none accyon ayenst the theef for y^• let¦tynge of restytucōn ne for the profyte that myght haue come therof after that he profred it to hym / but for the tyme byfore. Yf a man haue stolen a thynge he is boūde not only by resty∣tucōn of y^t thynge / but also of the va∣lue of the vse. ¶Diues. Yf a man or woman bye in open market a thynge stolen / wenynge that it were not sto∣len / whan he knoweth the sothe / may he axe the pryce of y^t thynge of hym that ought it or withdrawe it tyll he haue payed hȳ as moche as he payde therfore. ¶Pau{per}. Reymūde & other clerkes saye nay. And therfor beware an other tyme / both for losse of his & also for suspeccōn of theft / for lyghtly for beggȳg of stolen thyng he myght be take as a theef. Nethelesse he may ryghtfully axe his payment of hym that solde it to hym whan he hath re¦stored it to the lorde of y^t thynge / & yf he spent ony thynge in amendement of y^t thyng whyle it was in his kepyn¦ge / he may with good fayth axe that of hym that ought the thynge with∣out restorynge of the profyte y^t he had of y^t thynge byfore he wyst that it was stolen. But whan he knoweth y^t it is stolen & other mennes / & he kepeth it stylle for couetyse or ony other vnleful cause / he is boūde to restytucōn fro y^t tyme as longe as he kepeth it of the profyte to the lorde. Yf the thynge pe¦ry s;she whyle he kepe it not knowyng y^t it was stolen by good fayth / he is boūde to restytucōn. And yf he solde it awaye or gaue it or he knowe of y^• stelynge he is not boūde to restytucōn of y^• thynge / but of y^• profyte yf he be amended therby / & this is good lawe of conscyence. Yf a man stele of a ry∣che negard or an vsurer ony thyng to do almes / he doth theeft. Quia nō sūt faciēda mala vt veniāt bona .xxxij.q̄. iiij. sicut nō sūt. For as saynt Austen sayth. All though he gyue in almesse all y^t he hath taken in stelynge / he is not excused of theft / for he putteth syn¦ne to synne. Fyrst he steleth / & in y^t gy¦ueth it awaye he maketh hymself vn¦able to make restytucōn. And though a man purchase moche good falsely & do almesse of that mysgoten good / he is not excused of rauayne.

yf the seller be moche amended by y^t sellynge / and the byer moche apeyred ¶Diues. It is harde to knowe what is y^• ryght value of a thynge. ¶Pau¦per The ryght value & the Iulte pry¦se of a thynge is after that the comon market gooth y^t tyme. And so a thyn¦ge is as moche worth as it may be sol¦de by comon market. Tanti valet quanti vendi potest. Hec sm̄ .con. li.ij. ti.viij.q̄.i.et.q̄.ix. Yf a man or a wo∣man selle a thynge for good & he kno¦we a defaute therin / by whiche defau¦te the byer is desceyued / he doth gyle & theeft. Also & yf the byer begyle so the seller. And therfore god sayd to the false Iewes. Argentū tuū versū ē in scoriā. et vinū tuū mixtū est aqua. Thy syluer is tourned in to drosse of syluer & in to false metall / and thy wyne is medled with water. Ysai•• .i. And therfor they y^t begyle folke with false moneye wyttyngly / do grete syn¦ne & peryllous theeft. Also yf he selle wyttynly by false mesure / & by false weyghtes. And therfore god sayth / thou shalt not haue dyuerse weygh∣tes more & lesse / to bye by the more / & to selle by the lesse. Ne y^u shalt not ha¦ue a more busshell and a lesse busshell ne none other false dyuerse mesures. But thou shalt haue Iuste weyght & true / and euen busshell & true / that y^u may lyue longe in the londe that god shall gyue the. God hateth that man that dooth suche gyle / and he hateth all maner of vnryghtfulnesse. Deu∣tro .xxv. Also yf a man or woman sel¦le a seke thynge for an hole thynge wyttyngly to begyle the byer / he doth theeft / & is boūde to restytucōn. And though he knowe not y^t defaute whan he selleth it / whan he knoweth y^t de¦faute / he is boūde to make some recō∣pensacion / as sayth the same clerke in the same booke & place .q̄.xi. Also yf the seller selle a better thynge than he weneth to selle in grete dammage of hymselfe / as yf he selle golde for la¦ton / or yf he selle a good thynge for a smale pryse wenynge y^t it were lytyll worth / yf he be moche harmed therby the byer is boūde to restytucōn or recō¦pen s;acōn. ¶Diues. Is the seller hol¦den to telle the byer the defautes of a thynge y^t he selleth. ¶Pauper. Yf the defau•• be preuy & peryllous / he is hol¦den to telle them to the byer & selle y^t thynge better chepe. For yf he selle an haltynge horse for a swyft horse / & a ruynous house for a stronge house / it is peryllous & harme to the byer / & he is bounde to restytucyon. But yf the defaute be open / and though it may not serue the seller / it may serue the byer / than it nedeth not the seller to telle the defautes / but he is bounde to selle it for the lesse pryce. ¶Diues. Maye a man selle a thynge a derrer than he bought it. ¶Pauper. Ellys myght no man lyue by his marchaū∣dyse ne by his craft. He must take vp his costes & susteyne hym and his by mesure and worshyppe god and holy chirche / and helpe the poore nedy af∣ter his astate. And for this ende it is lefull and nedeful to the chapman & to the werkman to selle thynge der∣rer than he bought it. And therfore saynt Poule sayth that noman is hol¦den

to trauayle on his owne costes for the comunyte / neyther in knyghthode ne in chapmanhode ne in werkman∣shyp. And they that with false othes / & lesynges & llye speche begyle folke in byeng & sellynge synne greuously / & be holden to restytucōn yf they be∣gyle so folke wyttyngly. ¶Diues. Yf two persones betake the thyrde perso¦ne a thynge to kepe by couenaūt that he shall not delyuer it but to theym both to gydre / is he boūde to kepe co∣uenaūt. ¶Pau{per}. Ye torsoth. ¶Di∣ues. And what yf he delyuer it to one of them in absence of the other / and without his wyttynge. ¶Pauper. He doth amys / & yet neyther of hem hath lawfull accyon ayenst hym for to compelle hym to yelde it. For he y^t resceyued it ayen hath none accyon to hym / for he toke it hym ayen. And y^t other hath none accyon ayenst hym / for he is not bounde to hym without the other y^t made the couenaunt with hym & hath resceyueth it ayen. Thus la••t•• Hostiensis in sū .li.iij. Rub. de deposito. S.icui detur .v. si vero.

Caplm .xi.

DIues. May not a man doo almesse of euyll goten good. ¶Pauper. Salomon sayth Immolantis ex iniquo. oblacio est maculata. The offerynge of hym y^t offereth of euyll goten good / is spot∣ted & foule in goddes syght. And he y^t offereth sacrefyce of the poore man∣nes good / is lyke hym that sleeth the sone in the syght of the fader. And god y^t is hyghest approueth not the gyftes of the wycked men / ne taketh hede to theyr offerynge. Ecc•• 〈…〉〈…〉 And therfore Salomon sayth. 〈◊〉〈◊〉 deum de tua substancia. Worshyp thy lorde god with thyne owne 〈◊〉〈◊〉 not of other mennes good. Prou•• .iij And Tobye sayd. Ex substancia t••a fac elemosinā. Of thyne owne good do almesse. Tobie .iiij. ¶Diues. Con¦tra God byddeth in the gospell that men sholde make theym frendes in the blysse of heuen of rychesses of wyc¦kedne s;se. Facite vobis amicos de mā∣mona iniquitatis. Therfor it semeth that it is lefull to do almesse of euyll goten goodes. ¶Pauper. In thre maners a thynge may be euyll goten For somtyme it is so mys goten that it muste be yolden ayen to hym that ought it / as in theeft / raueyne / & vii∣rye yf he may be founde. And soo of mys goten good men sholde do none almesse / but yelde it ayen. Also a thyn¦ge is mys goten whan both gyuynge and takynge of the thynge is ayenst goddes lawe / & both the gyuer & the taker lese theyr ryght / as in symonye And therfore neyther they may doo plesaūt almesse of that good so mys goten. Also a thynge is mys goten / whan the dede & the crafte that it is goten by is so vnlefull that the taker may kepe it stylle lefully / but the gy∣uer may not axe it ayen / as thynge goten by lecherye & by synfull Iape∣ry of yrregulers / of mynstralles / wyt¦ches / and suche other / whiche maner wynnynge is called foule wynnynge that is Turpe lucrū in latine. And of suche euyll goten good they may

do none almesse. But they sholde ma¦ke non open offrynge at the aultre ne sacrefyce of so mys goten good. And therfore god sayth. Non offefres mer¦cede {pro}stibuli in domo dnī dei tui. ••a abominacio ē apnd deū. Thou shalt not offre the mede of the woman a comon lechour in the house of thy lor¦de god. Deutro.xxiij. And offycers of kynges prynces lordes and ladyes of bysshoppes & prelates that take gyf¦tes of men by comon custome or by proufre y^• they sholde mayntene them & gyue them fauour in theyr causes / they may do almes of goodes so go∣ten / all though it be full ofte euyll go¦ten xiiij.q̄.v.nō sane. For to suche cry¦ste badde that they sholde make them frendes in heuen of rychesses of wyc∣kednesse / that is to saye of rychesses so mys goten. For he that taketh it hath no ryght therto. ¶Diues. Why praysed cryste in the gospell the false bayly that so forgaue men theyr det / in fraude of his lorde to haue thanke of hem & helpe at nede. For he forgaf one y^• halfdele his deth / an other the fyfth parte of his deth. ¶Pauper. Cryste praysed not the false baylye / but cryste sayth that his lorde praysed hym not for his fraude / but for his slyght that he dyde in helpe of hym∣selfe / ne cryste telleth not that parable in the gospell / that men sholde take example of his fraude to helpe them¦selfe by fraude of robberye of other mēnes good / but to teche men to ma¦ke theym frendes by dedes of mercy & of almesse / and forgyue other men theyr dettes as they wyll that god for gyue them ther dettes & make them frendes in heuen w^t rychesses of this worlde. ¶Diues. Why called cryste rychesses of this worlde rychesses of wyckednesse. ¶Pauper. For they ben to moche fo••ke occasyon of mo∣che wyckednesse / & moche dysease of hate / wrath / enuye / of debate of plee & of grete dyscensyon. And it is full harde to gete them or to kepe them without synne & grete dysease. And therfore saynt Poule sayth that they that coueyte to be ryche in this worl∣de / falle in the fendes snare. And the wyse man sayth. Yf thou be ryche in this worlde / y^• shalt not be vngylty ne clene from synne. Also leue frende ye shall vnderstande that wyckednesse in holy wrytte is taken not only for synne / but also for payne & dysease & myscheues of this worlde. And soo goodes of this worlde ben called ry∣chesses of wyckednesse / that is to say of payne & dysease and of myscheef. For they brynge men in to payne tra¦uayle & moche dysease / for men haue moche trauayle in gettynge / moche drede in kepynge / & moche sorowe in the lesynge. Diues diuicias nō ogre∣gat abs{que} labore. Non tenet abs{que} me to nec deserit abs{que} dolore. They be∣hote sykernesse & brynge folke in to grete peryll / grete drede / and in grete enmyte. They behote a man to haue his luste & lykynge & brynge hym in endelesse hongre. For as Salomon sayth. The couetous man hath neuer ynough. Auarus nō implet{ur} pecunia. But alwaye coueyteth more & more. Also they byhote a man ease & reste &

brynge hym in moche trauaylle / for nyghe all the trauayle of this worlde is to gete good. An other cause ther is why they ben called rychesses of wyc∣kednesse. For the lawe sayth.x.q̄.i. di∣lectissimis. By waye of kynde al men ben euen in lordshyppes & rychesses / but by wyckednesse of false couetyse in the people men ben vneuen in ry∣chesse. For some haue moche / some ly¦tyll / some ben ryche some ben poore / & god hath gyuen more rychesse to one man in dyspensacōn & gouernaunce / than to many other. And that is to re¦frayne the wyckednesse of false coue¦ty s;e in the people. And for wyckednes is cause that one man is rycher than an other / therfore they be called ryches¦ses of wyckednesse. For ne hadde be the wyckednesse of Adams synne / & of false couetyse of mannes herte / els all men sholde haue ben euen ryche. But now they ben vneuen in ryches∣se for synne and shrewednesse. And therfore goodes of this worlde ben called rychesses of vneuenesse and of wyckednesse. Iniquitatis .i. nō equi∣tatis. And therfore all the rychesses that one man hath passynge another it is rychesses of vneuenesse. For in that he is vneuen with his euen cry∣sten / therfore they ben called ryches∣ses of vneuenesse. Therfore god byd∣deth the ryche men that ben but his bayllyes and his reues in this worl∣de make frendes of the poore folke / both by gyuynge and forgyuynge / as that bayllye dyd / and be not to harde to theyr sugettes / but mercyable and forgyue hem theyr dettes whiche they ought to god & to them. For god is so grete a lorde & so ryche that ther may no man do hym fraude of his good / ne hyndre ne lese his lordshyppe.

Caplm .xij.

DIues. In the fyfth cōmaū∣dement thou saydest that ry∣che men y^• wyll not helpe the poore folke be mansleers. Here thou sayest y^• they be theues / & so it semeth that that they do ayenst both cōmaū∣dementes. ¶Pauper. In y^• the poore man may dye for the ryche man with holdeth his good from hym / in y^• the ryche man is a mansleer & doth ayen¦ste this cōmaūdement. Non occides. y^u shalt not slee. And in y^• he witheldeth his good from the poore man in his nede he is a theef & dooth ayenst this cōmaundement. Non furtū facies. y^u shalt do no theeft. For all y^• the ryche man hath passynge his nedefull ly∣uynge after the astate of his dyspen∣sacōn / it is the poore mānes. And ther¦fore sayth saynt Ambrose / y^• it is noo lesse synne to the ryche man for to de¦nye y^• poore man helpe at nede whan he may helpe hym of his habondaū∣ce / than it is to robbe a man of his good. The brede sayth he y^t y^u with∣holdest in superfluyte is the poore fol¦kes y^t haue hongre. And the waste clo¦thynge y^t y^u shettest vp in superfluyte is the poore wedowes. And the mo∣neye y^t y^u hydest in the erthe in waste is the raunsome of the prysoners and of myscheuous folke for to delyuere them out of pryson and out of boun∣des / and helpe them out of woo. And

therfore sayth he / wytte thou it well / that of as many goodes y^u art theef & rauenour as thou myghtest gyue to helpe of the poore folke yf thou gyue them not. Noo man sholde saye ony thynge his owne that is comon to al ¶Diues. I assent well to thy wor∣des that ryche men sholde gyue al∣messe of theyr habondaūce sauynge the astate of theyr dyspensacōn / and that is full harde to doo. For moche thynge is nedefull to the ryche man more than to the poore bycause of his astate of dyspensacōn. For mo thyn∣ges ben nedefull to a kynge than to an erle / and mo to an erle than to a symple knyght / and soo it is of other astates. To kynges prynces and lor∣des is nedefull to haue treasoure to wage men of armes in defence of the Realme / and to wage theyr offy∣cers in gouernaunce of the Realme and of ther lordshyppe. And therfore an Emperour sayd. Qui omni{bus} pre¦e s;t. omnibus indiget. He that is lor∣de by dyspensacyon of all thynge in this worlde / hath nede of all thynge. And soo the more lordshyppe in this worlde / the more nede. ¶Pauper. Therfor of suche thynges so nedeful to man after the astate of his dyspen¦sacōn / he is not boūde to gyue the poo¦re but in grete nede. But of other su¦perfluyte that is not nedefull to hym in that degre / he is boūde to gyue / for alwaye y^• comon profyte ought to be charged more / than the profyte of one persone. ¶Diues. It semeth by thy wordes that men of holy chirche whi¦che spende the goodes of holy thirche in wycked vse / as in pompe / pryde / glo¦tonye / lecherye / & in other vanytees be theues / for they witholde poore men∣nes good and spende it in mysuse a∣yenst the wyll of god & of poore folke ¶Pauper. That is soth. For saynt Ierom sayth / that all y^t clercles haue of holy chirche goodes / it is the poore mennes / & for helpe of the poore fol∣ke prȳcypaly holy chirche is endowed To them that haue the benefyces & the goodes of holy chirche / it longeth pryncypally to gyue almesse & to ha∣ue cure of the poore people. Therfore saynt Bernarde in Epystola ad Eu¦geniu sayth thus. The naked cry / & the hongrye playne them & saye the bysshoppes what doth golde in your brydels / it may not put a waye colde¦ne hongre fro the brydell. It is our y^t ye so spende in pompe & vanytee / ye take it from vs cruelly and spende it vaynely. And in an other pystle that he wrote to a chanon he sayd thus. Yf thou serue wel goddes aulter it is graūted to the to lyue by the aulter / not to bye theyr brydelles syluered or ouergylt. For what thou kepeste for thy selfe of the aulter passynge thyn honeste nedefull lyuynge / it is raueyn it is theeft / it is sacrylege. Therfore these men of holy chirche that boode ther shone with boocles of syluer and vse grete syluer harneys in theyr gyt¦delles & knyues / and men of relygyon monkes and chanones and suche o∣ther that vse grete ouches of syluer & golde on theyr copes to fastene theyr hodes ayenst the wynde / and ryde on hyghe horses with sadels harneysed

with golde & syluer more pompously than lordes / be stronge theues and do grete sacrylege so spendynge the goo¦des of holy chirche in vanyte & pryde in luste of the flesshe / by whiche good the poore folke sholde lyue. A lady of a thousande marke by yere can pynne her hode ayenst the wynde w^t a sma¦le pynne of laton .xij. for a peny. But a monke that is bounden to po∣uerte by his professyon wyll haue an¦ouche / or a broche of golde and syluer in value of a noble or moche more. ¶Diues. Be not suche men of holy chirche soo myspendynge the poore mennes goodes bounde to restytucōn. ¶Pauper. Yf they haue wherof to make restytucyon / they ben bounden to restytucyon / as sayth Dockynge super Deutro.v.ca. Quia non dimit titur peccatum donec restituatur ab∣latum. And therfore saynt Austen in epistola ad Macedonium sayth thus. Yf an other mannes good be not yol¦den ayen whan it may be yolden / he that stale it doth noo verry penaunce / but he fayneth penaunce. For yf he do verry penaunce he muste do resty∣tucyon to his power. ¶Diues. And what sayest thou of tho clerkes that spende holy chirche goodes on theyr kynnesmen & wymen / and other ry∣che folke for to be mayntened / & for to haue a name & for to be worshyp∣ped in this worlde. ¶Pau{per}. Yf they gyue theyr kynnesmen & theyr fren∣des to releue theym of theyr nede / it is well done and the ordre of charyte axeth it. But yf they gyue the goodes of holy chirche to make theym ryche and grete in this worlde of the poore mennes good / it is raueyne theeft and sacrylege. Also to gyue ryche folke mesurably to mayntene them ryght∣fully in holy chirche / it is well done. But to gyue them holy chirche goo∣des to be worshypped & to haue a na∣me of pompe it is euyll done / and it is sacrylege & theeft so to spende the goodes of holy chirche y^t ben the poore mēnes goodes. ¶Diues. What sayste y^u of theym that spende the goodes of holy chirche in theyr owne nedefull vse / and doo not theyr duyte ne serue not therfore. ¶Pauper. The same clerke Dockynge in the same place sayth that they ben theues. For the goodes of holy chirche & the benefy∣ces ben gyuen to them that they shol∣de trauayle and serue holy chirche in techynge prechynge and sacramentes gyuynge / and in besy gouernaunce. And but they do so / they be not wor∣thy to haue benefyces of holy chirche ne to lyue by holy chirche goodes And therfore saynt Poule sayth. Qui non laborat / non manducet. He that tra∣uayleth not / sholde not etc. And yf y^t they take holy chirche goodes and tra¦uayll not therfore as they ben boun∣den they ben theues. For yf a labou∣rer toke moneye to trauayll in the fel¦de & he trauayled not therfore / but he yaue it ayen / he sholde be holden a theef. And therfore saynt Poule sayd Qui episcopatum desiderat. bonum opus desiderat. He that desyreth a bys¦shopryche / he desyreth a good werke. Prima ad Thimoth .iij. For as the glose sayth / in that that he desyreth

a bysshopryche / he desyreth a werke / not a dygnyte. He desyreth trauayll / not ease & reste / not to wexe in to pry∣de / but for to come from pryde to mo¦re lowenesse / to be seruaunt and my∣nyster to all his subgettes of whiche he hath cure / or ellys they be not wor∣thy to lyue by the goodes of holy chir¦che For the benefyces of holy chirche be not gyuen them for to goo playe theym / but for to trauayl about theyr cure. ¶Diues. They haue theyr vy∣kers and theyr parysshe prestes vnder theym. ¶Pauper. The vyker and the parysshe preest shall answere for that that they resceyue / and the per∣sone for that y^t he resceyueth. And he that more resceyueth more is bounde. And the benefyces of holy chirche be not gyuen to clerkes that they sholde betake to other men the cure. But for they sholde haue pryncypal cure them selfe. For ellys the lewde man and woman myght haue the benefyces of holy chirche / as the same clerke sayth. And he sayth that persones whiche absent themself fro theyr chir¦ches onely for ease or for couetyse / or for luste of theyr flesshe / & so spende the goodes of holy chirche / they ben theues. Nathelesse as he sayth they may absent them from ther chirches for a tyme by leue of theyr soueray∣nes that may gyue them leue for so∣me good cause / as for lernynge or for helpe of theyr chirches. Also they y^t resceyue the benefyces of holy chir∣che & be vnable in that tyme whan they resceyue them to serue holy chir¦che / or to haue cure of that benefyce / they ben theues. But whan they falle in age and in feblenesse after y^t they haue truly trauayled / or after that the benefyce is gyuen them they may le∣fully lyue by theyr benefyces / but yf they haue suffycyent patrymonye to be susteyned with. Also they that ap∣propre to them goodes of holy chirche be theues & do sacrylege as sayth the same clerke Dockynge in the same place. For clerkes in theyr bgynnyn∣ge saye. Dn̄s pars hereditatis mee. Our lorde god is parte of myne hery¦tage For as saynt Ierom sayth ad Nepocianū. He must be parte of god & haue god to his parte / and so haue hym in his lyuynge / that he haue god with hym & that god haue hym. And sythen he sayth god is my parte / he ought no thynge to haue but our lord god. And yf he haue golde syluer pos¦sessyons & suche other rychesses / our lorde dysdeyneth to be his parte with these partes. And yf I be parte of our lorde. I take no parte ne worldelynes¦se amonges other folkes / but lyue by the tythes and am susteyned by seruy¦ce of the aulter that I serue. And soo I shall be payed with mete and dryn¦ke & clothes / and so folowe naked of worldely good hym that hanged na∣ked for me on the rode.xij.q̄.i. cleric{us}. And therfore he byddeth there y^t eue∣ry clerke sholde take hede to his na∣me what it sygnefyeth / and trauayll to be suche as his name sygnefyeth. Quia cleros greci dr sors latine. For clerke in greke & in latyne / is lott and parte in Englysshe. For euery clerke sholde be the lotte & the parte of oure

lorde god / and in that they ben ordey¦ned goddes seruyce passynge the co∣mon people. Therfor they ben called clerkes. Clerici / that is to saye / chosen by lotte. For they ben kynges & go∣uernours of holy chirche. And in to∣ken therof they bere the crowne on theyr hede by shauynge awaye of ther heere. For the shauynge awaye of theyr heere sygnefyeth & betokeneth doynge awaye of temporall goodes and wylfull pouerte / by whiche they ben kynges in heuen. Ibidem ca. duo. And therfore sayth the lawe there. ca. Res ecclesie. That thynges of holy chirche ben not hadde as propre but as comon and ought to be spente in the vse that they be gyuen to. For all that thou clerke haste more than suf∣fyseth the to thy nedeful lyuynge / but thou gyue it and spende it in good vse thou withholdest vyolently as a theef. Distinctione .xlvij. Sicut. And yf clerkes haue patrymonye suffycy∣entely of theyr owne to lyue by / yf they waste the goodes of holy chirche that ben ordeyned for poore folke / they do theeft and sacrylege .xvi.q̄.i. in fine.

Caplm .xiij.

DIues. What is proprely sa∣crylege. ¶Pauper. Sacrile∣giū est sacre rei violacio. vel eiusdē vsurpacō. Vnde sacrilegiū qua¦si sacrilediū id est sacrū ledens. Sa∣crylege is defoulynge of holy thynge or mys vsynge & mys takynge of ho∣ly thynge. ¶Diues. In how many maners is sacrylege done. ¶Pauper Somtyme sacrylege is done for the persone that is despysed & mysboden As whan a clerke or a relygyouse is beten or smyten in despyte. Somty∣me sacrylege is done bycause of the place / as whan chirche or chircheyer∣de is pollute by blood shedynge / or o∣ny holy place is reued of his fredom Also sacrylege is done bycause of a thynge that is stolen or mysused / and that in thre maners. Or for that ho∣ly thynge is taken out of holy place / or a thynge not holy out of holy pla¦ce / or an holy thynge out of noo holy place .xvij.q̄.iiij. quisquis. ¶Diues. Than it semeth that they that with holde ther tythes fro god & holy chir∣che doo theeft▪ ¶Pauper. So sayth the lawe .xvi.q̄.vij. decimas. For the tythes of holy chirche ben the auowes of crysten people / raumsome of syn∣nes and patrymonye helpe and hery∣tage of the poore people and trybutes of the nedy soules .xvi.q̄.i. quia iuxta. et ca. decime. Where the lawe sayth that tythes be dette to god. And all that withholden them falsely / they do sacrylege and robbe the poore fol∣ke of theyr goodes. And he that with holdeth his tythes wrongefully shall answere at the dome for as many sou¦les as perysshe for hongre and mys∣cheef in that parysshe where he dwel¦leth And he that wyll not paye his tythes shall myspede / and his good shall vanysshe / and he shall haue se∣kenesse and sodayne pouerte. Ibidem ca. Reuerfimini. And yf he paye his tythes truly he shall haue helth of bo¦dye / and the more plente of good / and

grace of god / & forgyuenesse of synne and the kyngdom of heuen. As sayth the lawe. Ibidem ca. decune. Et Ray¦mundus in summa sua li.i.ti.de de∣cunis. And therfore the lawe sayth there that god axeth not the tythes for gyfte ne for nede / but for worshyp that we sholde knowlege hym oure lorde and gy••er of all good. He axeth of vs the tenthe parte for our profyte not for his pfyt. It is a synne to paye late / but moche more synne it is neuer to paye. Ibidem.x.ca. ¶Diues. Of what thynge is a man boūde to tythe ¶Pauper. Of corn in heruest / of wy¦ne in wendage / of fruyte / of bestyall / of gardeyne / of yerde / of medowe / of venery of hyues / of fysshynge / of wyn de mylle / & of watermylle.xvi.q̄.viij. Quicū{que} et ca. sequenti. Extra. li.iij. ti.xxx. pastoralis. And as Raymunde sayth. Tythes ought to be gyuen of all the fruytes of the erthe. Of apples of trees / of herbes of pastures / of bes∣tes / of wolle / of mylke / of hey / of fys∣shyng / of fermes / of mylles / of bathes of fyllynge places / of mynes of syluer and of other metal / of quarerys of sto¦ne / of marchaūdyse / of crafte and of other goodes / and also of tyme li.i.ti. xij. And as Hostiensis sayth libro.iij. eodem titulo. Of euery thynge ryght fully goten a man sholde tythe / and of his seruyce and of his knyghtshyp ¶Diues. Moche thynge is well go∣ten & with lytyll auauntage of them that gete it / and ofte with grete losse and therfore me thynketh it is vnre∣sonable that a man sholde tythe his shaffare and his crafte or his seruyce or his trauayll there his wynnynge is lytyll or nought. ¶Pauper. Ther ben two maner tythes. Some come of the erthe / as corne wyne bestyalle that is brought forth by the londe / & suche tythes ben called prediales in la¦tyne Some tythes come only of the persone / as by marchaundyse / and by werkemanshyppe / and suche tythes ben called personales in latyne. And in suche tythes that ben personales / and comen of marchaundyse / or of crafte / or of suche other trauaylle / a man shall accompte his expenses / & loke whether he is encreased or not / And tythe his wynnynge and his fre encreases. In paynge of tythes pre∣diales that come of the londe / he shal not acounte expenses / but frely paye the tythe neyther worste ne beste / but as they come to honde without chose Extra li.iij.e.ti. pastoralis. et ca. cum homines. Nathelesse yf a man for de¦uocyon gyue the beste to god / it is pry¦sable and well done. ¶Diues. Shol∣de men tythe of all thynge that ne∣weth. ¶Pauper. Thynges that ben taxed in the lawe men sholde tythe / not al thynge that neweth / for moche thynge neweth that is not profytable And though it be profytable / yet it is not worshypfull / as hoūdes and cat∣tes. ¶Diues. I suppose a man co∣me by free gyfte or by successyon and by herytage to grete lordshyp and mo¦che rychesses / or take frely grete gyf∣tes is he boūden to gyue y^etenth par∣te of that herytage or of tho gyftes to holy chirche. ¶Pauper. Nay / for so all possessyons and lordshyppes shol∣de

falle to holy chirche. Extra e. pa∣storalis in glosa. And yf a ryche man gaue a poore man .x. pens to bye hym with a clothe or paye his dettes / or els to his lyuynge / he sholde paye the ty∣the to the preest & that were ayenst rea¦son. For yf all free gyftes sholde be¦tythed holy chirche sholde be to ryche & the people to poore / for so he myght axe the tenthe parte nyghe of euery testament.

Caplm .xiiij.

DIues. To what chirche shal man paye his tythes ¶Pau¦per Tythes personales as of marchaundyse & of crafte man shall paye to his parysshe chirche there he dwelleth and taketh his sacramentes and hereth his seruyce. But tythes prediales sholde be payed to the chir∣che / to whiche maner & the londe lon¦geth to / but custome be in the contra∣rye / as sayth sūma conf. Tythes pre¦diales sholde be gyuen anone in the begynnynge / but tythes personales may abyde tyll the ende of the yere for the more auaūtage of the chirche ¶Diues. How sholde the tythes be spente. ¶Pauper. The tythes & the goodes of holy chirche sholde be depar¦ted in four partes after that the par∣tyes haue nede & be worthy. One to the bysshop yf hym nede. An other to the mynystres of the chirche. The .iij. to poore folke. The .iiij. to amende∣ment & makynge of the chirche yf it nede.xij.q̄.iiij. quatuor. Where the glo¦se concludeth & sayth y^t clerkes shol∣de be compelled to reparacyon of the chirche & not the lewde people .x.q̄.i. decernimus. But as sayth Guydo in Rosario' in that men muste take hede to custome of the contree & what the parte is that longeth to the chirche. ¶Diues. I suppose that the curate of the chirche waste the goodes of ho¦ly chirche in synne & in lecherye / & be an open theef or an open lechour or mansleer so y^t his myslyuynge is s••laū¦derous and notorye / sholde men paye theyr tythes to suche wycked lyuers. ¶Pauper. Hostiensis sayth / y^t yf the preest or curate of the chirche myspen¦de holy chirche goodes / or be a notory lechoure / the lewde man is not boun∣de to gyue hym his tythes. But he shal gyue them to his souerayne next aboue hym whiche is bounde to spen¦de them in profyte of the chirche or of the poore parysshens. ¶Diues. The lawe is ayenst hym. Extra li.iij.ti. de decimis ca. tua nos. Where the lawe sayth that for wyckednesse of the my¦ny s;tres of holy chirche / men sholde not withdrawe theyr tythes frō them ¶Pau{per}. Hostiensis answereth ther∣to and sayth that as longe as theyr synne is preuy / men sholde not with∣drawe theyr tythes / and soo meneth that lawe. But whan theyr synne is open and notorye / than men sholde not paye to them but to ther soueray¦ne Thus sayth Hostiensis in sū. sua. li.iij. Rubrica de decimis. S. et quare in fine. And he alledgeth many la∣wes for hym & many lawes ben for hym y^t he alledgeth not. For the grete clerke Gracianus in the decrees y^t is cheef boke of lawe canon sayth y^t the

clerke notorye lechour sholde haue no parte in the goodes of holy chirche. distinct .lxxxi. Si quis amodo cū alijs caplis sequentibus. And there sayth the glose that to whom it is forboden to do offyce in holy chirche / to hym is forboden and Interdyte his benefyce But as the lawe sayth there. To all suche notorye lechours / preestes / deke∣nes / subdekenes / ben forboden the of∣fyces of holy chirche that they shol∣de do no offyces in holy chirche / and the people is forboden to here theyr offyce. Therfore than theyr benefyce is forbodem them tyll they amende hem. Ibidē. Siqui sunt presbitert. Vp¦on whiche lawe sayth Guydo in Ro¦sario. That yf prestes be foūde suche open lechours and malefactours / ther subgettes may of theyr owne aucto∣ryte put them from theyr offyce / and not abyde sentence ne dome of theyr souerayne / all though the bysshop we¦re fauorable to suffre suche wycked lyuers. For why sayth he / suche be su∣spended by the pope and by the lawe ¶••iues. This sentence is wonder∣full and not pleasaunt to men of ho∣ly chirche / and yet as me thynketh it is reason. For yf ony man ought me dette and payed it to myne enemye to strength hym in his malyce ayenst me / wyttynge well that he sholde rob¦be me therof & not paye it me / he dyd moche ayenst me and robbed me cru∣elly of my good. And so as me thyn∣keth do they that paye tythes & due∣tees that longe to god & holy chirche & to poore folke / & paye them to su∣che wycked lyuers & open enemyes to god / for they ben loste for euer. Or yf he kepte them stylle or payed them to his souerayne / as Hostiensis sayth / than were they saue and holy chirche and the poore people myght be hol∣pen therby. ¶Pauper. It is lefull so to kepe them & not ayenst the lawe that they alledge ayenst hostiensis & ayenst other clerkes & ayenst the co∣mon lawe / for y^• lawe acordeth with all other clerkes yf it be well vnder∣stande. For these ben the wordes of the lawe. Pretextu nequicie clerico{rum} nequiunt eas .s. decimas nisi quibus de mandato diuino debent suo arbi∣trio errogare. Extra libro .iij. de deci∣mis. ca. tua nobis. That is to saye in Englysshe. Lewde men may not vnder colour of wyckednes of clerkes gyue by theyr owne dome the tythes but to theym that they ben dette to by the cōmaundement of god. For it is not lefull to gyue awaye an nother mannes good without the wyll of the lorde of the good as y^e lawe sayth there. These wordes be not ayenste Hostiensis / for Hostiensis speketh of clerkes open lechours and open wyc∣ked lyuers. This lawe speketh of clerkes whos synne is preuy / and of hem that ben defamed falsely by ma¦lyce of the people / and he byddeth there that they sholde be gyuen them ayen. Also this lawe sayth that it sholde not be gyuen but to them that it longeth to by the cōmaundement of god. But by the cōmaundement of god they longe not to suche wyc∣ked lyuers / therfore they sholde not be gyuen to them. Also thoughe the

lewde man withholde his tythes and his duetees fro suche wycked men in holy chirche and paye them to his so∣rayne / or ellys kepeth them stylle for profyte of holy chirche / in that he gy∣ueth them not awaye but kepeth them saue to profyte of holy. chirche. And that lawe men alledge ayenst Hosti∣ensis .s. tua nobis / speketh ayenst the lewde men that gyue awaye tythes of holy chirche and dyspende them as them lyketh / and gyue them awaye to whom that they wyll / and this is not lefull without auctoryte of the bys¦shop. Yf the bysshop or ony house of relygyon resceyue so many tythes in a parysshe by olde custome / that the curate of the chirche may not lyue ho¦ne s;tely by his benefyce / than a certay¦ne porcōn of the tythes may be gyuen to y^t curate for to lyue by / not withstan¦dynge the olde custome. Extra li .iij. de prebendis. ca. extirpande. Where the lawe sayth / that he y^t hath cure of a parysshe sholde serue it hymselfe & not by an other / but nede of other cu∣re compelle hym therfo.

Caplm .xv.

DIues. Shall holy chirche axe tythes personales of Iewes y^t dwelle amonges crysten peo∣ple. ¶Pauper. Nay / for they be not of holy chirche / & they take not sacra¦mentes of holy chirche ne seruyce of the curate. Yf a man gylously selle a porcyon of corne or it be tythed / both the byer and the seller ben bounde to tythe it. The seller for his gyle & for he hath the value of the tythe. And he that byeth it is bounden for that corne passeth to hym with charge of the tythe. And soo holy chirche may axe the tythe of whether of them y^• he wyll. But yf he gete it of the one of theym / he may not axe it of the other But yf the byer thought noo gyle in his byenge yf he payed the tythe after that he bought it / the seller is boūnde to make hym resty••ucōn. And yf the byer & the seller wyst wel that it was not tythed / they muste both do penaū¦ce as for theeft. And yf the byer paye¦the tythe / the seller is boūde to restytu¦co n but the byer bought it to suche a pryce y^t he may yet wel saue his owne Yf the corn be stolen or it be tythed / & y^• lorde of y^e corn were to slowe in the tythynge & tythed not after the custo¦me of y^• place but delayed it / holy chir¦che may axe of hym the tythe of the corn soo stolen. But yf it be taken a∣waye within y^• tyme of due tythynge he is not boūde to restytucōn of the ty¦thes Hec Raymūdus li .i. de decimis. ¶Diues. Is a man boūde by the cō¦mau dement of god to paye all his ty¦thes bothe prediales and personales. ¶Pauper. As Innocencius the pope the thyrde. Extra e. in aliqui{bus} / and Raymūde also saye. All y^• tythes must be payed y^t ben taxed by goddes lawe Leuitici vltimo. And all other tythes both prediales & personales after cu∣stome of the contre longe approued. For consuetude or custome in lawe po¦sytyue that is mannes lawe is exposy¦tour & termynour of the lawe. Con∣suctudo approbata est optima legum interpres. Extra li.i.ti. quarto.cū di∣lectus.

Et consuetudo est altera lex. But ther may no consuetude or custo¦me be kept ayenst goddes lawe / ne a∣yenst lawe of kynde. ¶Diues. Why bad god y^t men sholde paye more the tenth part than an other part ¶Pau¦per For .x. is nombre so parfyght y^• it conteyneth all nombre. For all nom∣bres after .x. ben made of ten & nom∣bres within ten. And nyne is nombre vnparfyght / & all nombres within .x. ben vnparfyght in regarde of .x. And therfore god bad y^t men sholde gyue hym the tenth parte / & to kepe them∣selfe nyne partes / in token that al our parfeccōn cometh of god & to hym it muste be arretted by prysynge & than kynge / & all our Imparfeccōn cometh of our selfe. And therfore we withhol¦de nyne partes to our selfe / & gyue to god the tenth parte / so knowlechynge that all our parfeccōn & goodnesse co¦meth of hym / and all our Imperfec∣cyon cometh of our selfe. And in to∣ken that he is our lorde & lorde of all & all that we haue cometh from hym as all our nombres ben conteyneth in ten / & come of ten.

Caplm .xvi.

DIues. Is symonye ony spy∣ce of theeft. ¶Pauper. It is theeft & sacrylege in y^t y^t a man treateth & occupyeth vnryghtful thynge that is not his. Of suche the∣ues speketh cryste in the gospell. Qui nō intrat {pro} ostiū in ouile. sed ascendit al••unde. hic fur est et latro. Io .x. He that entreth not in the folde of holy chirche by the dore that is cryste / and taketh not his benefyce frely by waye of almesse for crystus sake but by sy∣monye / he is a theef and a mycher. And all that so come in to the benefy¦ces of holy chirche by symonye / they ben mychers & theues. ¶Diues What is symonye. ¶Pauper. Symonye is a studyous couetyse & wyll to bye or selle thynge spirytuell / or thynge an∣nexed or knyt to spirytuel thynge. For as the phylosophre sayth / not only he y^t steleth preuely is a mycher / but also he that wyll stele preuely is a mycher & a theef. But here thou shalt vnder¦stande that some thynges be forboden for they be symonyent / as byenge and sellynge of the sacramentes of holy chirche / in whiche wyll allone with∣out dede maketh a man gylty in sy∣monye. Some thynges ben symony∣ent only for they ben forboden by ho∣ly chirche. As yf a clerke resygne his chirche in couenaūt y^• it shal be gyuen to his neuewe or to some of his kynne suche wyll without dede maketh not a man symonyent ne gyltye in symo¦nye as anentes holy chirche / but yf it be done only for profyte of the perso∣ne and not for profyte of holy chirche he is gylty byfore god. And yf he re∣sygne it frely in couenaunt & in wyll that it shall be gyuen to hym that is more able to profyte to mannes sou∣le than he is hymselfe / in that resyg∣nynge he doth no symonye. ¶Diues Wherof came the name of symonye. ¶Pauper. Of Symon magus a gre¦te wytche. For he profred to saynt Pe¦ter a grete some of money to haue gra¦ce of the holy goost to make men hole

of sekenesses / & to do wondres and to make the holy goost to lyght in men & wymen as saynt Peter dyde. But saynt Peter forsoke his moneye and sayd to hym. Thy moneye be stylle with the in perdycyon & perysshynge of dampnacōn / for thou wenest to ge¦te the gyft of god with it. Actuū .iiij. And therfore all that bye ony thyng spirytuel or ony thynge knytte to spy¦rytuell thynge ben called proprely sy∣monientes. And they that selle it ben called Giezites. Giezite in latyn for Giezi the seruaūt of Helyzee the pro¦phete toke mede of the grete lord Na¦man for that god had made hym ho∣le of his lepre by the prophete Helyzee that was his mayster. And so he sel∣de falsely the gyfte of god in as mo∣che as was in hym ayenst the wyll of god & of the prophete Helyzee. And therfore he was lepre & all his kynne after hym .iiij. Regū .v. Nathelesse co¦monly both byer & seller of spirytuel thynge ben called symonientes. For Symon magus dyd that was in him to bye the grace of the holy goost / & was in purpose & wyll to selle it forth to other for moneye and for gyftes. ¶Diues. In how many maners is symonye done. ¶Pauper. In thre maners as thynge spirytuel is bough¦te & solde by thre maner gyftes. For somtyme it is bought by gyft of hon¦de / somtyme by gyfte of seruyce / som¦tyme by gyfte of tonge. Gyft of the honde is called money & other ryches¦ses / gyft of seruyce is called theyr ser∣uyce gyuē not in due maner ne ryght¦fully to haue a thynge spirytuel / gyft of tonge is fauour flateryng & prayer y^t men make themselfe or by other so to haue spirytuell thynges. Also in res¦ceyuynge of holy ordre is do symonye somtyme only on his syde y^t maketh ordres. As whan some frende of him y^t shall be ordred gyueth y^• bysshop so∣me gyft without the wetynge of him y^t shalbe ordred. Somtyme it is done only on his syde y^t shall be ordred / as yf he gyue ony gyftes to ony of y^• bys¦shopes offycers to speke for hym y^t he may be ordred / & of whiche gyfte the bysshop knoweth not. Somtyme it is done of both the partes / as whan the one gyueth & the other taketh. So∣me tyme it is done and yet in neyther parte / as yf a frende of hym y^t shall be ordred gyue or behote ony thynge to y^• bysshoppes offycers to helpe hym iu that cause / & neyther he ne the bys∣shop knowtth of tho gyftes. And in these maners may also be done symo¦nye in gyuynge of benefyces of holy chirche. Yf ony man gyue ony gyfte for me or praye for me that I may be ordred or resceyue benefyce / yf I saye ayenst & assent not therto his gyfte / ne his byheste / ne his prayer letteth not fro myne ordres ne fro myne be∣nefyce / but yf I assente therto byfore or after payenge the moneye y^t he be∣hyght I falle in symonye / & though it be neuer so preuy I must resygne. And yf myne enemye gyue or behote gyft for my promocōn in wyll so to let me by symonye / & it be not myne assent / his dede letteth me not. Extra li .iiij. de symonia ca. sicut tuis litteris. Yf ony frende gyue ony gyft me vnwyt∣tynge

for my promocyon / & after that I wyste therof or I were called of the bysshop to my promocōn / & I wyste it well that I sholde not be called but for y^t gyfte I sholde not resceyue that promocōn. Hec sū. conf.li.i.ti.i.

Caplm .xvij.

DIues. May no thynge be gy¦uen lefully for spirytuel thyn¦ge ¶Pauper. Yes / for both gyft of honde of tonge & of seruyce / may be gyuen for spyrytuell thynge. Gyft of honde may be gyuen for spy¦rytuell thynge in fyue cases as sayth Raymū. Fyrst yf it be gyuen frely for deuocōn & for reuerence of y^• sacramēt & of spirytuel thyng without ony co∣uenaūt or ony axynge of y^• taker But for to gyue ony thyng by waye of co¦uenau t or byeng or sellyng / or of chaū¦gyng it is not leful. And yf it be doub¦te whether y^• gyft be gyuē by couenaūt or by euyll entencōn / men muste take hede to y^• astaste of y^• gyuer & of y^• ta∣ker whether the ryche gyue y^• poore or the poore to y^e ryche / or ryche to ryche. Also to the quantyte of y^e theeft / whe¦ther it be of grete pryce or of lytel pry¦ce Also to the tyme of y^• gyuyng / whe¦ther in tyme of nede or in other tyme And so by these circūstaūces deme in what maner it was gyuē. The secon¦de case is / whan men gyue frely to o∣ny man of holy chirche ony thyng for spirytual dedes as for certayn sayeng & syngynge to whiche he is not boūde The .iij. case is whan it is gyuen to clerkes for spirytuel dedes to y^• which they ben bounde of offyce. For ther is no man boūde to trauayl for nought ne y^• curate serue y^e chirche for nought ne the prechour to trauayl for nought And therfore saynt Poule sayth that they that serue the aulter shall lyue by the aulter. And so god hath ordey∣ned y^t they y^t preche the gospel shal ly¦ue by the gospell. Prima ad co{rum} .ix. Natheles the more frely y^t a man pre¦cheth y^e more is his mede. And thou∣ghe he axe not the people is boūde to gyue him frely as saynt Austen sayth su{per} illud Producens fenū iumentis. The .iiij. case is to haue lyf without ende & forgyuenes of synne. Therfor Danyell sayd to the kyng Nabugo∣donosor. Pccā tua elemosinis redime. Dan̄ .iiij. Bye ayen thy synnes with almesse / not that we may bye heuen / ne forgyuenesse of synne but by al∣messe doynge we may deserue to ha∣ue forgyuenesse of synne and heuens blysse / & so byenge is taken for deser∣uynge. The .v. case is whan a man for to haue peas byeth awaye y^• wron¦ge that he suffreth in spirytuell ryght whan he is syker y^t his cause is ryght¦full Extra de symonia ca. Dilecto filio.

Caplm .xviij.

DIues. What payne is ordey∣ned ayenst symonye ¶{pro}au{per} Yf a clerke be a symonyēt in takȳg of his ordre / he is suspended of his ordre both anentes hymselfe & a∣nentes other so y^t he may not do exce∣cucōn of his ordre. And whether his symonye be preuy or aperte he is sus∣pended. And yf he be conuycte byfore

his Iuge shall be deposed & vnabled to euery worshyp & lese the moneye y^t he payed therfore. And he y^t ordred hȳ wyttyngly by symonye / or gaf him be¦nefyce by symonye / or he y^t resceyueth ony benefyce by symonye / or is mene therto / though theyr synne be preuy yet they be suspended / as anent them selfe. And yf it be open / they ben sus∣pended both anentes themself & anen¦tes other. And he y^t taketh his benefy¦ce with symonye / he muste resygne & make restytucyon of all the profyte y^t he hath take therof / & for the profyt y^t myght haue be taken therof for his ty¦me For it is a general rule in y^e lawe y^t who so occupyeth ony thynge with out ryghtfull tytle / he is boūden to re¦stytucōn of all y^e harmes & of al pro∣fyte y^t cam therof / or myght haue co∣me therof for y^t tyme sauynge his ex¦pen s;es y^t he spent in profyt & saluacōn of y^t thynge. And both clerke & lewed man y^t doth symonye / he is acursed in y^e dede / & yf it may be preued y^t lewde man sholde be acursed openly in holy chirche. Prima .q̄.i. re{per}iunt. ¶Diues. Yf the offycer of y^e bysshop axe of cus¦tome ony gyft in makynge of ordres in sacrynge of bysshopes / in blessynge of abbottes / yf they y^t sholde be ordred or blyssed or sacred gyue theym suche gyftes for custome y^t they allege / is it symonye. ¶Pauper. Yf he gyue it pryncypaly for suche custome and for theyr axynge it is symonye / but yf he gyue it frely / not for ther axynge ne for custom ne by couenaūt / it is no sy¦monye But moost syker it is y^t he gy¦ue none than ne for than / for it is lyke symonye. And saynt Poule byddeth y^t men sholde absteyne them from e∣uery wycked lykenesse. Also they y^t gy¦ue or take ony thynge by waye of cus¦tome or of couenaūt for blessynge of weddynges / for sepultures / for diriges for creame or oyle / or for ony sacramēt in whiche is gyuen grace he doth sy∣monye. Yf ony curate or parysshe pre∣ste for gyftes / for prayer / for loue / for frendshyp hyde an open synne of his parysshen obstynat in synne or recoū¦seyll hȳ y^t wyll not amende hȳ / or for hate and enmyte wyl not recounseyll hym that wyll amende hym / or for hate or loue or gyft or prayer putteth ony man or woman from y^e sacramē¦tes of holy chirche / he doth symonye. Yf a preest be boūden of offyce to say a masse or dirige / & suche other pray∣ers & he axe moneye therfore / he doth symonye / but yf he be not boūde ther¦to of offyce / & he hath not his nedeful lyuynge he may take money for his trauayle & lette his trauayle to hyre by dayes and yeres / as annuelers do∣ne / as Raymunde sayth. Et extra ne prelati. vices suas. et ca. vltimo. But yf he haue suffycyent lyuynge and he be not boūde to saye that masse or di∣rige / than he shall saye it frely / or el∣les not saye it. For elles it semeth that he dooth it pryncypally for co∣uetyse. Yf a preest haue sayd a masse yf he saye an other masse that daye for moneye or for to haue thanke of the worlde / he doth symonye. De con. di.i.sufficit.

Caplm .xix.

DIues. Yf relygyouse or secu∣ler clerkes in auaūsement of theyr kynnesmen make coue¦nau t to gydre & saye. Assent thou to auaūsynge of my neuewe and I shall assent the auaunsynge of thy neuewe Or ellys one sayth that as longe as I lyue shall ther no grace of ony auaū¦sement passe whyle I may lette it / but I haue this grace for hym y^• I praye for / do these symonye. ¶Pauper. It is symonye. For the lawe sayth. Abut dnis {per}actio. cesset omnis conuencio .i. q̄.ij.qiii pro. In spyrytuell thynges euery couenaut sholde be awaye / eue∣ry conuencyon cesse. Yf the curate wyll not burye the deed bodye / ne suf¦fre it to be buryed / but in couenaunt that he shall haue his bedde or his beste clothe / or some other thynge he doth symonye / all though it be custo∣me to paye that he axeth. And therfor he sholde frely burye the deed & blesse them that ben nedy / and so absteyne hym fro euery spyce of symonye / and afterwarde compelle them to paye & kepe good customes / yf y^t they myght well do it for pouerte. Extra e. ad a∣postolicam. Yf a preest wyll not bap∣tyse but he haue moneye therfore / he doth symonye. And rather the lewed man or woman sholde baptyse the childe than gyue moneye therfore. And yf he were of age that sholde be baptysed / and there were no man ne woman but the preest / though he we∣re in pe••yll of deth / he sholde rather dye without baptyme of water than he sholde be baptysed by symonye. For in that case the baptym of the ho¦ly goost suffyseth to hym. Euery man & woman may baptyse for nede. Yf ony patrone gyue a benefyce in coue∣naunt / that he that resceyueth it shal helpe hym temporally and his also / it is symonye. Extra e. nemo. And yf he gyue it to some of his kynne soo to magnefye hym selfe / and to be the more myghty worldely by auaūsyn∣ge of his kynrede / it is symonye. And yf a patrone selle a patronage by the selfe / or selle the maner y^t is annexed therto the more derer for the patrona¦ge / he doth symonye. As sayth Petrus tarentmus su{per} quartū sentē. distinct. xxv. And therfore he sayth that chop¦pynge of chirches without auctoryte of y^e bysshop is symony. And he sayth there also that ryght of patronage may not be solde / but it passeth forth with byenge of the londe that it lon∣geth to. Yf prechours or pardonysters or other folke that goo for almesse / praye the parysshe preest or the cura∣te to procure them some good in theyr parysshe in couenaūt y^t the preest or y^e curate shal haue a certayn parte ther of / it is symonye as anentes the preest for both do symonye / & also they doo sacrylege & theeft / in that y^t they de∣fraude men of theyr good & put it not in the almesse that they gyue it to / & bothe the preest & the pardonyster be boūde to restytucyon.

Caplm .xx.

IF a man or woman gyue mo¦neye to be resceyued in to hou¦se of relygyon / and so in rely¦gyon in couenaūt that he or she shall

gyue a certayn moneye to y^• house it is symonye though it be comon custome so to gyue. Nathelesse yf he be rescey¦ued frely as the lawe wyll / he doth no symonye. Extra e. sicut {pro} certo et ca. in tantū. ca. veniens.ca.audiuim{us}.ca. Iacobus. Nathelesse yf the house be poore & ouercharged with y^• persone so cladde / they may afterwarde praye y^e frendes of y^t persone of some almesse in releuynge of the house and of that charge. Yf a man or a woman gyue moneye to prestes ryche or poore / for trentall / for annuell / for yeredaye / or for to saye masse of the holy goost or other masses / or to gyue money to cler¦kes for saynge of psalters or of dyry∣ges / or to poore men in couenaunt of certayn prayers / with entencyon so to bye theyr prayers he dooth symonye. scom glosam Willi.et vt habet in sū. con.li.i.ti.i.q̄.xlij. And yet as he sayth there / it is lefull to take & to gyue mo¦neye & other temporall thynges / for suche spyrytuell thynge & for prayer by waye of deuocōn & of free gyft / so to excyte deuocyon & loue of persones the more to praye for them. And in this maner men may gyue to colleges certayn moneye to kepe ther yereday not by waye of couenaunt of byenge & of sellynge / but soo to styre theym frely to graūt them theyr axyuge by waye of more charyte & more deuocy¦on / for suche spyrytuell thynge maye not be solde. And therfore men sholde gyue theyr good frely to men of holy chirche by waye of almesse / and they sholde take it frely by waye of almes And the gyuer with his gyfte of cha∣ryte may axe certayn prayers of them that he gyueth to / & yf they graūted hym they ben bounden to kepe theyr graunt. Therfore sayth saynt Austen that the apostles toke frely theyr ly∣uynge of them that they preched fre∣ly to. And as grete synne it is the pre¦ste to selle his prayer / as the prechour to selle his prechynge. Cryste badde in y^• gospel y^t men sholde make them frendes of the rychesses of this worl∣de that they myght resceyue them in to endelesse tabernacles / y^t is to saye / that they myght so praye for hem y^t they myght be resceyued in to blysse. And thus muste all men of holy chir¦che take theyr lyuynge yf they wyl be ciene out of symonye. For they maye not selle ther offyce y^t they do in holy chirche / ne theyr prayer / but by fre gyf¦tes take theyr suffycyent lyuelode. Ex¦tra ne prelati vices suas.ca.qm̄ enor∣mis. ¶Diues. Contra. It is ordey∣ned by constytucyon synodalle what moneye a parysshe preest & what an annuler sholde take. ¶Pau{per}. That is not for his offyce / but it is done to lett the false couetyse of men of holy chirche / to put in certayn how moche is suffycyent to theyr lyuynge y^t they sholde no more axe / ne men no more gyue theym. But yf it be not suffycy¦ent they maye take more by leue of theyr prelates. And y^• taxynge is not ordeyned by the gyuer of the moneye but by the prelates of holy chirche / both anentes symonye & ayenst false couetyse of theyr clerkes.

Caplm .xxi.

DIues. It semeth by thy wor¦des / that they y^t synge the gol¦den trentall go full nygh sy∣monye. For they make wonderfull co¦uenau t of ther syngynge. ¶Pauper Leue frende y^u shalt vnderstande that couenaūt makynge maketh oft symo¦nye that sholde ellys make no symo∣nye. As yf the gyuer axe what it is worth to synge many masses / & the preest answereth twenty shellynges or ten shellynges or a noble. Or yf the gyuer saye / syr what wylt y^• take to synge it / & the preest answere & saye / no lesse than twenty shellynges / or ten shellynges / & thus bargeyne & broke about the syngynge of the masse / y^t may not be solde ne bought / as men do in byenge & sellynge of an horse / than they falle both in cursed symo∣nye. Also yf the gyuer saye to the pre∣ste in his bargeynynge / that he shall synge for certayne soules and for no mo / & he behoteth hym so / than ben they both accursed for that foule sy∣monye. And also for it is ayenst cha∣ryte / for the preest is boūden to synge for all crysten. And for the moo he prayeth in specyall by waye of chary¦te / the more he pleaseth god / & the mo¦re ben the soules holpen for whiche he taketh his sellarye. And in that he byndeth hym to saye specyall masses in certayne tyme. He muste in case le¦ue the masse of the daye y^• he is boū∣den to yf he be a curate & so doth sy∣monye / as Raymūde sayth & other clerkes. Also he dooth in that ayenst the ordenaūce of holy chirche. Extra li.iij.de celebra.miss.ca.ij. Where it is boden that ther sholde noo man leue masse of the daye for other specyall masses. As of the trynyte / our lady / or other / not for it is euyll to here or to saye suche specyall masses / but for it is euyll to leue masses of the daye for suche specyall masses / as the glose sayth. Neuerthelesse yf a man wyll here suche specyall masses in reueren∣ce of the trynyte or of our lady / it is well done soo that he leue not masse of the daye for suche masses ¶Diues Than me thynketh y^• curates that ben boūden to saye masse of the daye to the parysshe / or in case masse of Re¦quiem / may not well synge suche gol¦den trentalles. ¶Pauper. That is soth / ne no preest that hath suffycyent lyuynge by other salarye. And ther∣fore it is forboden the synodales of englonde / that ony persone or vyker sholde make couenaunt with his pa∣rysshe preest / that he sholde besydes his salarye take annuell or trentalle / or ony suche other / that they calle van¦tages Inhibim{us} districtius. But they shall gyue to ther parysshe preest suf¦fycyent salarye wherby they may ly∣ue without suche false couetyse. And in the constytucōn of Lambeth the se¦conde chaptre / it is boden that noo preest shall bynde hym to suche specy all masses / by the whiche they myght be letted y^t they myght not serue the chirche of lawfull seruyce of the daye as they be boūde. ¶Diues. Sythen than it is soo that masse of the daye is as good as suche specyall masses / and that it is as good or better to he∣re and saye masse of the daye as suche

specyall masses / me thȳketh that by suche maner syngynge of golden tren¦tales soules ben moche desceyued. ¶Pauper. That is so••h. For tho .xxx masses as they axe / as they saye must be in doynge all a yere nerehande / there they myght haue .xxx. masses as helply to the soule out of payne with in .xxx. dayes. For in suche syngynge is done moche symonye / moche ypo∣cresye / & moche folye. For some pree∣stes faytours telle the people that but the masses be sayd in thre dayes pryn¦cypally of tho feestes / that is to saye / in the festes & in two dayes next folo¦wynge / ellys the soules be not holpen by tho masses. And so yf y^• preest felle seke tho thre dayes so that he myght not synge / all though he had songe al the other masses / that trentale myght not be done that yere by theyr opyny∣on. And soo in case he sholde happen to be in syngynge of one trentale .x. yere or .xx. yere there as he myght eue∣ry yere synge his annuel. Also yf our ladyes daye in lente falle on goodfry daye he may than not synge tho thre masses. Also some prestes behyght to faste brede & water / & to were the here euery daye whan they shal synge ony of tho masses for tho soules. And soo they muste faste brede & water & we∣re the heere on Crystmasdaye. Eester daye / & nyghe all the hyghe feestes of the yere. Also they saye that they mu∣ste haue a specyal Oryson that is not of the myssale / ne approued of holy chirche / but oft repreued / or ellys as they saye y^• masses be lytyl or nought to profyte of the soules. And thus by faytrye & ypocresye many fole prestes behyght more & bynde theym to mo∣re for .x. shellynges / than a good preest wolde do for .x. marke. ¶Diues. And they saye that saynt Gregorye ordey∣ned that maner of syngynge to haue his moder out of purgatorye. And therfore they calle it saynt Gregoryes trentale. ¶Pau{per} They lye on saynt Gregorye. For his moder was a full holy woman as we fynde in his lyfe And we fynde not that saynt Gre∣gorye dyd ony preest synge in that ma¦ner for ony soule. But we fynde li .iiij dyalogo{rum}. That whan saynt Grego¦rye knewe by reuelacyon that one of his monkes was in harde payne of purgatorye / for he had be a propryeta¦rye vnto y^• tyme of his deynge. saynt Gregorye badde one of his monkes whiche he lete a good man synge for hym .xxx. masses daye by daye. And in the .xxx. daye the deed monke appe¦red to the same monke & thanked hȳ for vnto this tyme sayd he I haue be in harde payne / but now I am delyue¦red And saynt Gregorye telleth also li.iiij. dyalogo{rum}. That a soule appe∣red to a preest & prayed hym that he wolde haue mynde of him in his mas¦se. And he songe for hym .vij. dayes by & by and so the soule was delyue∣red. For better it is to delyuer a soule out of payne within .vij. dayes or .xxx than so to let hym longer in payne al the yere whan he myght be holpen within .xxx. dayes. And so wolde eue∣ry man & woman that is in bodely dysease & in pryson. And he were noo good frende that lete his frende lyue

in pryson all a yere whan he myght haue hym out within .vij. dayes or w^t in .xxx. dayes.

Caplm .xxij.

DIues. And so it may be that the fende founde vp the gol∣den trentall so to longe sou∣les in theyr payne there as they shol∣de the sooner be delyuered. ¶Pauper Therfore saynt Gregorye .iij.et.iiij. dyalogo{rum} / sheweth by many an exam¦ple that it is beste to synge for the sou¦les daye by daye yf the preest be well dysposed to synge so. And he sheweth there that lettynge of ony daye syn∣gynge is grete dysease to the soules / for they desyre full moche to be dely∣uered out of theyr payn. But the peo¦ple by faytre of couetous clerkes is so blent / that they haue leuer to gyue xx. shellynges to forlonge the soules in payne all a yere / than to gyue .xx. shellynges or .x. to haue them out with in a moneth or moche lesse tyme But leue frende better it were to gyue .xx. shellynges to helpe them in haste w^t the worshyp of god & of holy chirche than to gyue .xx. shellynges late to helpe them & that with offence of god & preiudyce of holy chirche. And bet∣ter it is to haue four score masses son¦ge to gydre daye by daye for .xx. shel∣lynges / than to haue .xxx masses son¦ge in the longe yere for .xx. shellynges For why / ye may for .xx. shellynges do synge a quarter of an annuell & doo the soules haue parte not only of .xxx masses / but of as many masses as be pens in .xx. shellynges. For though ye gyue a thousande poūde for a masse / the preest may not appropre y^• masse to ony soule / but only praye for hym after that he is boūden / and he muste put his prayer in the wyll of god & in his plesaūce / for in case the soule that he prayeth for is dampned. And per∣auenture a poore man that no preest thynketh on in specyall / that dyed in more charyte than he that the preest prayeth fore in specyall / shall rather be holpen by the masse of the preest / than he for whom he prayeth in spe¦cyal Moreouer leue frende vnderstan¦de that prayer is a grete gracyous gyfte of god. For as the clerkes saye / holy prayer is a styenge vp of manes & womannes herte to god. Oracio est ascensus mentis in deum. And that may noo man haue without specyall gyfte of god. For cryste sayth in the gospell / that there cometh no man to hym / but the fader of heuen drawe hym by Inwarde goostely mocyon y^t is Inwarde deuocyon. And without this Inwarde deuocyon the prayer of mouth is ryght nought worth. And therfore it is good some tyme to gyue almesse to a good preest whiche hath nede of almesse to meue hym to pray for you that ye may haue the grace of god & swetnesse in him by y^• prayer of the preest & your almesse. Natheles ye shal not gyue hym almesse to con¦strayne hym to certayne prayer after your deuyse so to let hym of his deuo¦co n. Ne ye shal not gyue hym almesse with Intencōn to let hym to praye for whom y^t he wyll after y^t his deuocyon is & after y^t god gyueth hȳ grace. For

alwaye the preest muste be more free to praye than ye may be to gyue / ne ye may not with your gyfte constrayne hym ne let hym to praye for whom y^t he wyll praye. For all though the pre∣ste be arted by the lawe of his takyn∣ge / ther may though noo lawe arte hym of his prayer but that he shall alwaye be free to praye for whome y^t he wyll / & as his deuocyon is for all crysten / and for the co••••ersyon of all hethen folke. And therfore leue fren∣de ye shall gyue freely to the preeste what you ••yketh so to e••cyte his deuo¦cyon to p••aye for you & the more to haue you in loue & mynde in his prey¦ers / not to lese his charyte to praye for other. For the mo that he prayeth fore by waye of charyte / the more pro¦fyte it is to you & to your frendes sou¦les that he syngeth fore.

Caplm .xxiij.

DIues. Thy speche semeth to¦ne full resonable / but I pray the yf relygyouse or seculer clerkes selle ony gr••ūde of santuarye in chirche or chircheyerde to buryeng of deed bodyes / is it symony. ¶Pau¦per Neyther the offyce of buryenge ne the groūde of sant••arye may be sol∣de to buryenge without symonye iij. q̄.ij.et ca. post{quod}. et in sūma conf.li.i. ti.xvi.q̄.i. Moche more than it is sy∣monye to selle the groūde of santua∣rye in chirche or in chircheyerde to chapmen to sette on theyr bothes & theyr stalles for to make goddes hou¦se an house of marchaūdyse & a den∣ne of theues ayenst the lore of cryste. And yf the colleges or curates selle the ryngynge of theyr belles at bury∣ynges or at dyryges / so that they wyll not suffre theyr belles be rongen but they haue a certayn moneye therfore it is symonye / & to selle the offyce of ryngynge is symonye. Nathelesse the ryngers may take for theyr trauayle. And he y^• hath the offyce of ryngyn∣ge frely gyuen to hym may let y^• offy¦ce to hyre without symonye / in sūma conf li.i.••i.i. ¶Diues. It semeth by thy speche y^• clerkes charged somty∣me moche y^• vyce of symony. ¶Pau¦per It muste be charged / for it is a synne that god p••nyssheth ful harde For as Ierom Austen & Gregory say symonye of the prestes of the olde la∣we was one of the pryncypall causes why god destroyed the cyte & the tem¦ple of Ierusalem & the kyngdom of Iewes. ¶Diues. Is it symonye yf c••lleges of relygyous or of seculers ab¦bot or pryour selle out theyr house ly∣ueraūce. ¶Pauper. Many clerkes saye that it is no symonye / but it is a full vnsyker marchaūdyse. And I da¦re saye y^t it is sacrylege & theeft full nyghe symonye. For why the goodes of holy chirche soo well endowed ben gyuen to helpe of the poore & to kepe hospytalyte not to selle them ayen to ryche men to maynten then in vnlust & in bodely ease / but that the clerkes that serue y^• chirche shall lyue therby. & to spende the remenaūt in hospyta¦lyte & in almesse to the poore people. And soo the goodes of that colleges ben not here but as dyspensours / for they ben the poore mennes to whom

and for whom tho were gyuen. And by suche lyueraunce the colleges be brought to pouerte / and the poore & the seke that sholde be holpen ther∣by ben defrauded & robbed of theyr ryght. And persones ben made ryche and the comonte ouer poore / and cha¦ryte is exyled out of the congregacy∣on. For whan the moneye is payed / the relygyouse that solde the lyue∣raū••e desyreth the deth of the byer. And comonly suche lyueraūces ben solde in hope that the byer shal soone dye / or in hope that in his endynge he shall gyue to theym all his good or moche therof passynge his couenaūt. And soo sellynge of suche lyueraūces is ferre from charyte / and depe groū¦ded in false couetyse / & it is theeft & sacrylege in that y^• they soo mynystre the goodes of the poore folke & selle theym awaye / by whiche goodes the poore folke sholde be holpen / and soo both the byer & the seller do sacrylege For these causes & many moo sellyn∣ge & byenge of suche lyueraūces ben vtterly forboden by the lawes of ho∣ly chirche in constitucioni{bus} octo bon̄ ca. volentes.

Caplm .xxiiij.

DIues. Is vsurye and gonell ony spyce of theeft. ¶{pro}au{pro} In case it is ful grete theeft ¶Diues. What is proprely vsurye. ¶Pauper. Vsurye is a wynnynge axed by couenaūt of lenynge & for le¦nynge / as Raymūde sayth li.ij.••.ti. And it is done moost comonly in thȳ¦ges of nombre / of weyght / & of mesu∣re / as in moneye y^• is tolde / or metall or other thynge y^• is weyed / or in corn oyle / wyne that is mesured. ¶Diues. How many spyces ben ther of vsurye ¶Pauper. Raymūde sayth y^t ther ben two spyces of vsurye / one is spy∣rytuell & ryghtfull of whiche Cryste speketh in the gospell. Luce.xix. Qua¦re nō dedisti pecuniā meā ad mensā &••. Why gaue y^• not my moneye to y^• borde / y^• is to saye / my grace & my gyf¦tes to profyte of other men by open cō¦munycaco n. And so spyrytuel vsurye is called multiplycacōn of the gyftes of god / & of the graces y^t god hath gy¦uen to man or woman / not to hyde them but to comyne them forth to pro¦fyte of other. And so with the grace & the gyfte y^• god hath gyuen to man for a lytel trauayle to wynne an hon¦dred folde mede in heuen. An other vsurye is bodely vsure & vnryghtfull that cometh of false couetyse by co∣uenaūt of lenynge. For yf wynnyn∣ge come frely to the lener for his le∣nynge without couenaūt / so that his entencyon were not corrupte in his le¦nynge / but that he lente pryncypally for charyte & not pryncypaly for worl¦dely wynnynge it is none vsurye all though he hope to haue & so haue a∣uantage by his lenynge. But yf he lent it pryncypaly in hope of worldly wynnynge whether he lent it w^t coue¦naūt or without couenaūt of wynnyn¦ge for his false couetous entencyon he doth vsurye & is an vsurer. Therfore cryste sayth in the gospell. Date mu∣tuū nichil inde s{per}antes. Luce .vi. Yeue ye your lone hopynge noo wynnynge

therof / that is to saye / as sayth the glo¦se. Do ye it pryncypaly for god & not for man / but hope ye pryncypally to haue your mede of god y^tbyddeth you leue. And than whether the borower paye or not paye god shall yelde you your mede. ¶Diues. May the lener axe no thynge of y^e borower for his le¦nynge ¶Pauper. Noo moneye ne thynge y^t may be mesured by moneye neyther mete ne drynke ne clothe / ne gyft of honde of tonge ne of seruyce But other thynge y^t may not be me∣sured by moneye he may axe / as loue & charyte / good wyll & good frend∣shyp for his lenynge. ¶Diues. Why is vsurye holden soo grete a synne. ¶Pauper. For the vsurer selleth to∣gydre the thynge y^t he leneth & the vse of the thynge. And therfore vsure co∣meth of y^e sellynge of y^e vse. The vsu∣rer selleth the thynge y^t he leneth in y^t that he taketh more ouer for the vse of the thynge. Wherfore thou shalt vnderstande that many thynges ther be that may not be vsed without wa∣ste & destruccyon of the thynge / as me¦te and drynke & suche other / and in suche the vse maye not be departed from the thynge. But nedes he that graunteth the thynge graunteth the vse of the thynge / & they may not be solde a sondre. And in suche thynges yf the seller take for the vse he selleth that thynge twyes / and selleth thyn∣ge that nought is. For the vse of that thynge is full waste therof / & for su∣che sellynge of the vse it is called vsu¦rye For the vsurer selleth the thynge in it selfe & the vse ouer. Some thyn¦ges there be in whiche the vse is not full destruccyon of the thynge / as vse of an house is the dwellynge or occu∣pacōn therof / & in suche the lordshyp of the thynge may be graūted with∣out y^e vse & y^e vse without the lordshyp And so a man may take his house y^t he leteth to hyre ayen to hym & ouer take for the vse of the house. But as the phylosophre sayth .viij. Politico{rum}. y^e vse of moneye is chaūgynge of one for an other to helpe & ease of the co∣monte whiche chaūgynge is destruc∣cōn of the moneye & wastynge in ma¦ner In that he that chaūgeth it for other thynge so spent it awaye. And therfore it is vnlefull for to take ony thynge for the vse that ought to be co¦mon to all as it is ordeyned to helpe & ease of all. And therfore it suffyseth that the lener take ayen the euen va∣lue / & yf he take more ouer for the vse he doth vsure & he is boūde to restytu¦co n. ¶Diues. Contra. God gaaf le∣ue to the Iewes to take vsure of other nacōns. ¶Pauper. That was to flee the more euyll / for els they wolde ha∣ue taken vsurye of theyr brethern for couetyse / & that god forbadde them & graunted to them to take vsure of o∣ther nacyons about them & amonge them both to spare theyr owne nacōn & also to gete so ayen in parte y^t lon∣ged to them by y^e graūt of god. For al y^• londe there about enhabyte w^t the hethen people longed to y^e Iewes by y^e graūt of god / & wrongfully y^e hethen peple withelde moche londe fro them

Caplm .xxv.

IF lordes of mylles lene mo∣neye to bakers or to other fol¦ke in couenaūt that they shal not grynde but at theyr mylles they do vsurye & so let theym y^t they may not grynde frely where they wyl / & yf they be harmed therby / the leners be boūden to make restytucōn. But yf they be not harmed therby they be not boūde to restytucōn but for that they let them of theyr fredom somde¦le they be boūden. And the same is of chapmen that selle to creaunce to let the byer from other chapmen / or by∣cause of her lenynge selle to them mo¦re derer than to other. Suche sellers ben boūden to restytucyon in that the byer be harmed & hyndred. Yf the le¦ner or ony other man wyll not gyue to his dettour lenger tyme of paymēt whan he may not kepe his daye as∣sygned but he haue some gyft though he axe no gyft openly he doth vsure. And yf a chapmen selle the more de∣rer for the lenynge of his pryce than he sholde selle yf he payed anone / he doth vsure & he is boūden to restytu∣cyon. Extra li.e.ti. consuluit. Yf the borower vpon vsure fayle of his daye of payment / he y^• is his borowe may paye that moneye with y^• vsure to the lener / & do his dettour for whome he is borowe paye to hym ayen that mo¦neye with the vsure. For it is to the borowe none vsure / for he wynneth nought therby / but so fleeth mysche∣ue that sholde elles falle to hym. Yf a man be compelled to borowe mo∣neye with vsure for falsehede of his dettour that wyl not paye him at his terme / that false dettour is bounden to make restytucyon / not only of his det but also of the vsure that he was compelled to paye for his falsehede / or els delyuer hym out of daūger yf it be yet to paye. Extra li.iij.de fideius∣sori{bus}. ca.{per}uenit. et ca. constitutus. Yf a man or woman lene .x. shellynges at Eester or in other tyme to rescey∣ue as many busshelles of whete at myghelmasse / & the whete be better for y^t tyme than is the moneye / & it be in doubte reasonably whether y^• whete shall be more worthe or lesse in tyme of payment it is none vsure. But yf it were semely that it sholde be more worthe in tyme of payment & he lent the moneye in hope of y^• lucre he dyd vsure. Extra e. ti. nauiganti.et in sū¦ma conf.li.ij.ti.vij. Yf the seller selle a thynge for the more pryce by cause that he abydeth of his paye he dooth vsure. And yf the byer bye a thynge for lesse than it is worth for that he payeth byfore or the thynge bought may be taken to hym / he doth vsure. ibidem in sūma conf. Yf a man lene syluer or wyne to haue ayen the same quantyte in certayn tyme only in ho∣pe y^t the same quantyte shall be more worth in tyme of paymēt he doth vsu¦re / & yf the dettour wyl paye hym his det byfore that tyme to flee his owne harme / & he wyll not take it of hym to the tyme assygned of the payment so to wynne by his lenynge he dooth vsurye. Yf a man lene moneye to res¦ceyue a certayn tyme corn wyne or o∣ther thynge ••herfore he shall take as moche as cometh therto in tyme of

payment & no more. Yf a man lene moneye to resceyue other maner mo∣neye therfor in certayn tyme to wyn∣ne therby & soo charge his dettour he doth vsurye. Yf a man selle a thynge for certayn pryce as the market goth in tyme of y^• sellynge in couenaūt y^• yf it be better worth byfore cester that he shal paye so moche more / & though it be lesse worth he shall paye no lesse / he doth vsurye. Yf the byer bye horse or other bestis for lesse pryce than they be worth in tyme of byenge to rescey¦ue theym after in certayn tyme of fey¦re it is vsure / but he wene sykerly that it sholde be than only so moche worth or lesse worth / but yf he wene that they sholde be that tyme more worth it is vsurye.

Caplm .xxvi.

YF a man let his horse / his oxe or cowe to hyre in couenaūt that y•• the beste dye or appeyre / he that hyreth it shall stande to that los¦se & to halfe wynnynge yf it amende he doth vsurye. For it is not semely that he sholde haue as moche profyte by the amendement of the beste as he sholde haue harme by the deth. Na∣thelesse though he that letteth it to hy¦re make suche couenaūt with hym y^• hyreth it to do hym be the more besy to saue the beste he doth no synne / yf his purpose be not to take though the beste perysshe without his defaute. But yf he do it for gyle or couetyse / he doth vsurye. And therfor it is good to flee suche couenauntes. For alle though his entencyon be good / yet the maner of the couenaunt semeth wyc¦ked & sclaunderous to folke that kno¦we not his entencyon. Nathelesse he that hyreth a thynge may lefully ta∣ke to hym the peryll & the myscheef of that thynge y^• he hyreth yf he wyl Yf a man betake his beest to a poore man to hyre or to kepe in couenaunt vtterly y^• yf it dye it shall dye to the poore man & lyue to hym for he wyll haue as good therfor it is wycked vsu¦rye Suche vsurers ben the fendes charmours / for to suche folke theyr shepe / ne theyr bestes shall neuer dye. Yf men in tyme of plente bye in cor∣ne or other nedefull thynges / pryncy∣pally to selle theym forth more derer in tyme of derthe and of nede / it is synne. But yf it be do pryncypaly for comon profyte and for saluacyon of the contree it is medefull. For Ioseph gouernour of Egypt dyde so to saue the people in tyme of hongre. Gen̄. xlvij. Also a man maye do so for his owne psofyt to flee myscheef comyng by waye of prouydence / & though he selle forth in tyme of nede to helpe of other as the market goth he doth no synne in y^t / but yf he witholde it & wyl not selle forth in tyme of nede thyng y^• he hath passyng his lyuyng / but ke∣peth stylle in hope of more derth / he synneth greuously. And therfore Sa∣lomon sayth. Qui abscondit frumen¦tu maledicet in populis. Bn̄dictio dnī su{per} caput vendenciū. Prouerbio{rum} .xi. He that hydeth whete in tyme of hon¦gre shall be accursed amonges the people. And y^• blessynge of god vpon the hede of them that selle forth. Al∣so

it may be done by comon ryght of marchaundyse they to wynne therby ther true lyuynge / soo that they cause no derthe by ther byenge. And name∣ly they may bye so lefully y^• haue not wherby to lyue but suche marchaūdy¦se. But yf they do it only of auaryce & to compelle men to bye men at ther lykynge & as dere as they wyll / than they synne greuously / and namely co¦uetou s;e clerkes that haue ynough els wherby to lyue. For to clerkes it is not graunted suche marchaundyse. Yf a clerke bye a beest or an other thynge / and by his husbondrye or by craft le¦full to hym it be amended or put in better degree than it was byfore he maye selle it forthe lefully for more than he bought it to. For suche doyn∣ge is called proprely crafte and not marchaundyse.xxiiij.q̄.iij. canonū glo¦sa. et de con.di.v. nun{quod}. Yf a man le∣ne olde corne to haue therfore newe corne at the heruest / and wyll not ta∣ke olde corne for olde corne / as good for as good whan the borower maye paye it / he doth vsurye as Raymunde sayth Et sūma confes. vbi supra. But yf it be done pryncypally to saue his owne good that els sholde perysshe / or pryncypaly for helpe of his neyghbou¦re he dooth none vsurye. By goddes lawe all vsurye is dampned. By em∣perours lawe & by mannes lawe so∣me tyme it is suffreth not for that it is good ne lefull but for to flee y^• more euyll / for ofte men sholde perysshe but they myght borowe vpon vsurye. For elles the couetous ryche men wyl not lene to the nedefull / and so the lawe of man ryghtfully suffereth it for a good ende. But the couetouse man dooth it vnryghtfully & for a wycked ende. And therfor holy chirche damp¦neth them y^• lene vpon vsurye but not in them that borowe for nede / or for a good cause vpon vsurye whan he may not els borowe. But yf they borowe for a wycked cause / as for playe at y^• dyce / or to spende it in glotonye leche¦rye or pryde / or in other wycked vse / they synne greuously. And though it be lefull to borowe for a good ende vpon vsurye / yet it is not leful to lene vpon vsurye / ne to counseyll ony to borowe vpon vsurye. As it is lefull to a crysten man to take an hethen man that swereth by his fals god. And yet it is not lefull to the crysten man for to axe of hym y^• othe ne to styre hym therto. For why othe & swerynge is a dyuyne worshyp that longeth only to verry god. Also notaryes that make Instrumentes vpon couenaūtes of v∣surye ben forsworne. For whan they be made notaryes / they make an othe that they shall neuer make Instru∣mentes vpon couenanutes of vsurye. And soo yf they make ony suche In∣strumentes they ben forsworne / & they may neuer after bere wytnesse in ony cause / ne make Instrumentes in ony cause. For they ben made therby of wycked name / and vnable to euery of fyce worshypfull in the lawe & to e∣uery dygnyte. And y•• ony prelate vn∣der wrytte to suche couenaūt or sette his seale therto wyttyngly is gylty of vsurye though he haue no wynnynge therby. Hec in sūma confes.

Caplm .xxvij.

DIues. What payne is ordey∣ned in the lawe for vsurers. ¶Pauper. All vsurers by the lawe ben bounden to restytucyon And yf they ben open vsurers / they ben accursed by the lawe in thre thyn¦ges For they sholde not be houseled / ne holy chirche shall not take ther of ferynge ne resceyue them to crysten buryenge but they amende them by∣fore theyr deth. And what preest elles taketh her offryng & buryed them / he shall make restytucōn of y^• he taketh to the bysshoppe in helpe of the poore folke. And he is worthy to be suspen∣ded of his offyce & of his masse. Ex∣tra e.ti. quia in omni{bus}. Yf the vsurer may not make restytucyon he muste axe forgyuenesse of theym that he is dettour to yf he wyll be saued. And not only the vsurer / but also his heyre is bounden to restytucyon / & he may be compelled by the lawe to restytu∣cyon. Extra e.ti.tu nos. And yf other men be boūden to hym for vsurye he may no restytucyon axe tyll he haue made restytucyon to other that he is bounde to for vsurye. Extra e.ti.quia frustra. ¶Diues. Wherby sholde men knowe an open vsurer. ¶au∣per. If he kepe open stacyon or open shoppe to lene or to chaunge for vsu∣rye. Or yf he knowlege it byfore a Iuge in dome / or be conuycte by wyt∣nesse / or yf he bere the name of an vsu¦rer with dedes openly done accordyn¦ge to that name. It a clerke be an vsu¦rer or an heyre to an vsurer / but he wyll make restytucōn he shall be sus¦pended / & but he wyll amende hym he shall be deposed. And yf he be soo Incorrygyble y^• his bysshop may not amende hym / he shall be chastysed by seculer honde. Extra.li.ij.ti.de iudi∣cijs. ca.cū non ab homine. The cler∣ke shall make restytucyon of his ow∣ne good yf he haue wherof and not of goodes of holy chirche but yf he ha¦ue ought spent of suche vsurye to pro¦fyte of holy chirche. If a prelate res∣ceyue offerynge of the vsurer / some clerkes saye that he shall take it a∣yen to the vsurer in repreef of his syn¦ne Some saye that he shall take it to the bysshoppe whiche shall take it ayen to the vsurer. And yf that vsu∣rer may not be founden / the bysshop shall gyue it to the poore folke. If the borower swere that he shall paye the vsurer and not axe it ayen / he mu¦s••e paye it to saue his othe / and he shall not axe it ayen. But he may make denuncyacōn to prelates of ho¦ly chirche of that vs••rye / that the vsu¦rer may be compelled by lawes of ho¦ly chirche to amende hym / and so to make restytucyon. And yf he swere y^• he shall neuer bewraye him to holy chirche of that vsurye / he is not boū∣den to that othe. For it is ayenst the saluacyon of his euen crysten and a∣yenst the cōmaundement of god. If the vsurer bye an horse or londe with¦out moneye of his vsurer and gyue it to an other / he that resceyueth that gyfte is boūden to make restytucyon yf he wyste that it was soo bought and gyuen. Extra e.cū tu. Seruaūtes

and labourers that serue vsurers in honeste thynges / maye lefully take theyr hyre of theym. But yf they ser¦ue theym in thynges not nedefull ne lefull / they may not take theyr hyre of the vsurer. Yf the seruaunt borowe moneye vpon vsurye without byd∣dynge of his mayster / though he bo∣rowe it for the nedes of his mayster / or ony man borowe moneye vpon vsu¦rye for the nedes of an other without his byddynge / he that so boroweth is bounden to restytucyon yf the vsurer wolde lene without vsure freely. He that coūseylleth hym not to lene but vpon vsure is boūde to restytucōn / for he letteth the proufyte of his neygh∣bour. Yf a Iewe lene to a crysten man vpon vsurye he synneth. And he may be compelled by prelates & by lordes to make restytucōn. Extra e. post mi¦serabilē. And it is not lefull to ony crysten man or woman to take vsu∣rye of ony man crysten or hethen. No lorde / no college / no man sholde suf∣fre vsurers dwelle in theyr lordshyp / ne lete theym to hyre to dwelle in. But within thre monethes that they knowe of theyr vsurye / they sholde put theym out / and neuer resceyue su¦che vsurers more after. And yf bys∣shop or archebysshop doo the contra∣rye they ben suspended. And they that ben of lesse degree ben accursed yf they doo the contrarye. And colleges and comontees falle in to Interdyte. and yf they stande stylle in theyr ma¦lyce one moneth all theyr londes ben Interdyted. And lewde people that suffre suche vsurers to dwelle in to theyr lordshyp or in theyr houses shol¦de be compelled by censure of holy chirche to put them out s••dm Grego. decimū. et consiliū Lugdunense ti. de vsuris ca. vsura{rum}. Hec in summa con¦fe s;. li.ij.ti.codem. Also yf a man selle a thynge for moche lesse than it is worthe in couenaunt to haue it ayen what tyme that he wyll paye the pry¦ce that it is worthe / it is vsurye. For the byer getteth ayen all that he pay∣de and as moche therto / as yf a man selle a thynge for .x. shellynges that is well worth .xx. shellynges / he shal haue it ayen for so the byer wynneth by vsure .x. shellynges ouer that he payed fyrste.

Caplm .xxviij.

BVt suche reasons and many other that ben not wryten here / the false vsurers cursed of god begyle & robbe the poore peo∣ple ayenst the cōmaundement of god there he sayth thus. Yf thou lene to my poore people / y^u shalt not therfore mysbede hym ne trauayll hym y^• mo¦re therfore / ne ouerpresse hym with vsurye. Exodi.xxij. Yf thy brod sayth he be nedy poore or feble / take none vsure of hym / take noo more than thou gaue / drede thy god that thy poo¦re brother may lyue with the. Thou shalt not lene thy moneye to vsurye / ne axe of hym ouer habondaūce. Ta¦ke no more than thou lentest. Thus sayth god Leuitici .xxv. Non fenera∣bis fratri tuo &••. Thou shalt not lene to thy brother by vsurye neyther mo∣neye ne corn ne ony other thynge / but

lene it to hym without vsurye that thy lorde god may blesse the in euery werke that y^u haste done. Deut.xxiij. For who so leneth to his euen crysten without vsurye he shall spede the bet¦ter And they that lene with vsurye / shall spede the worse. And in what londe vsurye is vsed openly that lon∣de shall mysfare. Therfore Dauyd sayth / that wyckednesse hath beseged that cyte & y^• comynte by daye and by nyght aboue the walles / & trauayle & vnryght & moche wronge is in y^• cyte & gyle & vsure fayleth not from the stre••es of that cyte. Die ac 〈◊〉〈◊〉 cir∣cūdabit eā su{per} muros ei{us} ini•••••• 〈◊〉〈◊〉 For suche vsurye & gyle & false othes in byenge & sellynge the prophete Za¦charye sayth y^• he sawe a boke fleyn∣ge in the ayer y^t was .••x. cubytes longe and .x. in brede. And he axed the an∣gell of god what it myght be / & y^• an¦gel sayd to hym / it is the curse of god y^• gooth to the houses of theues / & to mennes houses y^t forswere theym by the name of god. Zacharie .v. And therfore Salomon sayth / y^• who so ga¦dreth tresours with a lyenge tonge / he is vayne & euyll herted / and he shall stumble to the snares of deth. Rauey¦ners & robberers of wycked men shal drawe theym downe to helle for they wolde do no ryghtfull dome. Prouer. xxi. To suche god gyueth his curse. W•••• he sayth be to you that Ioyne house to house / and couple felde to felde / & saye of ryght that is wronge / & of wronge y^• is ryght / & put lyght in to derknesse / & derknesse in to lyght bytter in to swete / & swete in to bytter Ysaye.v. For these false men of lawe and slyght couetouse folke be a man¦nes cause euer so good but they haue moneye to stande with hym they shal saye that it is a wycked cause. And be it euer so clere in ryght / they shal say it is full derke / they can see none hel¦pe therin. And be it neuer so derke y^• no man can see ryght therin / for mo∣neye they shal say y^• it is clere ynough And be it euer so syker or easy to pnr¦sue & swete in it selfe / they shal say it is a bytter cause & vnsauery to dele w^t but they haue moneye / & be it euer so perylo{us} & bytter for moneye they shal saye y^t it is syker ynough. He that rob¦beth his euen crysten of ony good he doth ayenst .iij. lawes. Fyrste ayetst y^• lawe of kynde y^t sayth thus. That y^u hatest to be done to the / do y^u it not to an other. Also he dooth ayenst lawe wryten. Non furtū facies. That byd¦deth / y^u shalt do no theft. Also he doth ayenst the lawe of grace / for charyte y^• is pryncypall byhest of the lawe of grace byddeth y^• men sholde gyue to o¦ther of theyr good & not take frō thē w••ongfully. We fynde in holy wryt. Iosue .vi.et.vij.ca. That Achor stale golde syluer & cloth ayenst the byhest of god / he & his wyfe his childern & all his bestes were stoned to the deth fyrste / and afterwarde brente with all his other good y^t he had & .xxxvi. men slayne with enemyes for y^• theft of Achor that so stale ayenst goddes byheste. And god sayd tyll whan his thefte was punysshed the people shol¦de neuer haue spede in batayle ne in other Iourneye. ¶Diues. It is than

lytell wondre that our folke spede e∣uyll these dayes in warre vpon theyr enemyes / for they go more to robbe & to pyle than to fyght for ony ryght. ¶Pauper For that synne & many other they spede full euyll. For they be so blent with synne y^t the lyght of grace by whiche they sholde be wyssed in ther dedes is hyde awaye fro them & so they wandre forth amonge theyr enemyes as blynde bestes / & for they sene no myscheef tyll they falle there in. For as the wyse man sayth. Obce∣cauit eos malicia eo{rum}. Sap̄ .ij. Ther malyce hath made theym blynde. A grete clerke telleth Solinus de mira∣bilibus mundi. That in the londe of Sardynye is a welle / of the whiche welle yf a true man drynke his syght shall amende. But yf a theef drynke therof / though his syght be byfore ne∣uer so clere he shall wexe blynde. By this welle I vnderstande plentee of worldely goodes & of rychesses y^e god sendeth amonges mankynde / whiche goodes & rychesses comen of the erth and newen yere by yere as water in the welle / and al true folke that dryn¦ken of this welle / that is to saye / that comen truly to theyr good and ryches¦ses of this worlde / and spenden them well to the worshyp of god and pro∣fyte of theyr euen crysten / they haue more lyght of grace to see what is to doo and what may please god. And they that falsely come to goodes of this worlde by theeft / by gyle & vsure & by fals othes they wexen blynde / for they lese the lyght of grace & be blent w^t ther malyce. Therfore saynt Am∣brose su{per} Lucā sayth. That in the ty¦che s;ses is no blame / but the blame & the defaute is in theym that can not wel vse theyr rychesses. And as ryches¦ses sayth / he is lettynge of vertue to shrewes / & is helpe of vertue to good folke y^• can & ben in wyll to vse well her rychesses. ¶Diues. I drede me that nyghe all our nacyon hath soo dronken of this welle of Sardynye y^• they ben goostly blynde. For yf I ta∣ke hede what theeft of symonye reg∣neth in the clergye / what theft of vsu¦re regneth pryncypaly amonge mar¦chau tes & ryche folke / what theeft of raueyne & extorcyon regneth amonge the lordes & grete men / what myche∣rye & robberye amonge the poore co∣mons that be alwaye enclyned to slee & to robbe. Me thynketh that moche of our nacōn is gylty in theft & ouer∣done moche blent with false couetyse ¶Pauper Therfore god sayth thus A minimo vs{que} ad maximū omnes sequunt auariciā. A ppha vs{que} ad sa¦cerdote cuncti faciunt mendaciū. et ideo corruent. Fro the leste to y^• moost all they folowen auaryce and false couetyse. From the prophete to the preest all they make lesynges and do gyle & falsehede / & therfore they shall falle / and I shall gyue theyr wymen to straungers / and theyr londes and theyr feldes to other heyres. Iere∣mie. viij. And by the prophete Ysaye god vndernameth the gouernoures of the people / bothe in temporalyte and in spyrytualyte and sayth thus. Principes tui infideles socij furum et cetera. Thy prynces ben false and fe¦lowes

of theues. All they louen gyf∣tes & folowe medes & yeldynge ayen. For they demed not after the ryght / but after y^• men myght paye. Ysa .i. Si videbas furem currebas cū eo et cū adulteris porcionen &••. Yf thou see a theef thou ranne with hym to hel∣pe hym / as false Iuges in temporal∣te done these dayes. And with lechou¦res and auouteres thou puttedeste thy parte as Iuges in spyrytualte do∣ne these dayes.