Ad Ducissam Brabantiae ENGLISH

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Introduction
1. £ t r it is allowabl for you at som tim and in w at way to mak an action
upon t Jws.
2. If a Jw s ould sin, s ould t is prson b punis d wit t financial pnalty,
sinc sms to av not ing asid from usurious mony
3. If s ould giv mony on is own accord, or som pac tokn, w t r it is
licit to accpt it.
4. If you rciv mor from a Jw t an C ristians ruir from im, w at s ould b
don wit w at is lft ovr.
5. About bailiffs and your officials, w t r it is lgitimat for you to sll t m t s
offics or to rciv a loan from t m ratd until t y acuir t sam amount in
t offics assignd to t m
6. £ t r it is lgitimat for you to lvy tas upon your C ristian subjcts or to
forc loans
7. If your officials wit out t ordr of law s ould tort somt ing for t subjcts
w ic maks its way to your ands (or mayb not), w at you s ould do
8. £ t r it is good t at Jws t roug out your provinc ar complld to war a
sign distinguis ing t m from C ristians
To t illustrious Lady tc., Brot r T omas from Auino of t Ordr of t Prac rs snds is
grting tc.
I rcivd Your Ecllncy's lttrs from w ic I av fully com to undrstand t pious car
t at you av concrning t rul of your subjcts and t dvout lov you av towards t
brt rn of our Ordr, giving t anks to God w o as brat d into your art t sds of suc
virtus. Nont lss, w at you askd of m in t s slf-sam lttrs (t at I s ould rspond to
you about crtain itms) was indd difficult for m bot bcaus of my occupations, w ic t
offic of tac ing ruirs, and bcaus it would plas m t at on t s t ings you would sk
t counsl of ot rs mor prt in suc mattrs. Still, bcaus I considrd it unbcoming t at I
b found out to b a nglignt lpr for your solicitud or t at I b ungratful of your lov, I
av takn car to rspond to you about t s proposd itms wit out t prjudic of a bttr
opinion.
* !
First t rfor, Your Ecllncy inuird w t r it is allowabl for you at som tim and in
w at way to mak an action upon t Jws.
To w ic ustion (proposd in t is unualifid way) it can b answrd t at alt oug , as t
laws say, t Jws by rason of t ir fault ar sntncd to prptual srvitud and t us t lords
of t lands in w ic t y dwll may tak t ings from t m as t oug t y wr t ir own -
wit , nont lss, t is rstraint obsrvd t at t ncssary subsidis of lif in no way b takn
from t m, bcaus it still is ncssary t at w "walk onstly vn in t prsnc of t os w o
ar outsidrs (I T s. 4:11)," "lst t nam of t Lord b blasp md (I Tim. 6:1)," and t
Apostl admonis s t fait ful by is ampl t at (I Cor. 10:32-33), "t y b wit out offns
in t prsnc of t Jws and t Gntils and in t C urc of God" - t is sms to b w at
s ould b obsrvd, t at, as t laws av dtrmind, t srvics corcd from t m do not
dmand t ings t at t y ad not bn accustomd to do in tims gon by, bcaus t os t ings
t at ar unpctd mor oftn rattl souls.
Now, following t judgmnt of t is sort of rstraint, you can in accordanc wit t customs of
your prdcssors mak an action upon t Jws, only if, owvr, not ing ls stands in t
way. For it sms t at, as far as I was abl to conjctur from t os t ings w ic you
subsuntly askd, your doubt mostly concrnd t is, t at t Jws of your land sm to av
not ing cpt w at t y acuird t roug t dpravity of usury. And, nc, consuntly you
ask w t r it is not licit to ruir somt ing from t m, and to w om t t ings t us ruird
ar to b rstord.
On t is mattr t rfor, it sms t rspons s ould b t is, sinc t Jws may not licitly kp
t os t ings w ic t y av tortd from ot rs t roug usury, t consunc is also t at if
you rciv t s t ings from t m nit r may you licitly kp t m, unlss pr aps t y b
t ings t at t Jws ad tortd from you or from your ancstors it rto. If, owvr, t y
av t ings w ic t y tortd from ot rs, t s t ings, onc dmandd from t m, you
s ould rstor to t os to w om t Jws wr bound to rstor t m. T us, if crtain prsons
ar discovrd from w om t Jws tortd usury, it s ould b rstord to t m. Ot rwis,
t s usurious monis s ould b st asid for pious uss according to t council of t diocsan
bis op and of ot r uprig t mn, or vn for t common utility of your land if a ncssity looms
and usfulnss calls for it; nor vn would it b illicit if you s ould ruir suc usurious mony
from t Jws anw, prsrving t custom of your prdcssors, wit t is intntion t at t
monis b pndd for pious purposs.
) * !
Now, scond you askd, if a Jw s ould sin, s ould t is prson b punis d wit t financial
pnalty, sinc sms to av not ing asid from usurious mony.
To w ic ustion it sms t rspons s ould b, in lin wit w at as bn said bfor, t at it
is pditious t at b punis d wit a financial pnalty, in ordr t at mig t not accru
som bnfit from is iniuity; it also sms to m t at t Jw s ould b punis d wit a gratr
fin (or anyon ls w o practics usury) t an anyon ls in a similar cas, to mak t point
t at t mony takn from im b known to b lss is ntitlmnt. Anot r punis mnt can b
addd to t is financial punis mnt, lst t is sm to suffic for a pnalty, t at cas to possss
t mony t at is owd to ot rs. Nont lss, mony takn from usurrs in t nam of
punis mnt cannot b kpt but s ould b pndd for t aformntiond uss, if t y do not
av anyt ing ot r t an usurious mony.
But if it b said t at t princs of countris suffr loss from t is, t is loss s ould b imputd to
t m as coming from t ir own nglignc; for it would b bttr if t y complld Jws to work
for t ir own living, as t y do in parts of Italy, t an t at, living wit out occupation t y grow
ric by usury, and t us t ir rulrs b dfraudd of rvnu. In t sam way, and t roug t ir
own fault, princs ar dfraudd of t ir propr rvnus if t y prmit t ir subjcts to nric
t mslvs by t ft and robbry alon; for t y would b bound to rstor [to t ral ownr]
w atvr t y ad actd from t m [t t ivs].
* !
T ird it was askd, if (t Jw) s ould giv mony on is own accord, or som pac tokn,
w t r it is licit to accpt it.
To w ic t rspons is, t at it sms t at it is licit accpt it. And it is lpful t at mony
rcivd in t is way b rturnd to t os to w om it is owd, or ot rwis pndd, as as bn
said bfor, if t y av not ing ot r t an usurious gain.
!
Fourt you askd, if you rciv mor from a Jw t an C ristians ruir from im, w at s ould
b don wit w at is lft ovr.
T rspons for t is coms from w at as bn said bfor. For t at C ristians do not ruir
from t Jw w at is lft ovr can appn in two ways: in on way pr aps bcaus t Jw as
t ings apart from usurious gain, and in t is cas it is lgitimat for you to kp it, obsrving
owvr t modration mntiond abov (and t sam would sm to b said if t y from
w om usury ad bn tortd s ould it latr mak gifts to t m [t Jws] in good will, but
only w n t y [t Jws] s ow t mslvs rady to mak rstitution for usury); in anot r way
it can appn t at t y from w om t Jws accptd usury av disappard in t mantim,
it r t roug dat , or t at t y ar currntly living in ot r countris, and t n t y ar bound
to mak rstitution; but w n prcis prsons do not appar to w o t y ar bound to mak
rstitution, it sms t at t procdur s ould in lin wit w at as bn said abov.
Now w at as bn said about t Jws is also to b undrstood about Ca ors, and anyon ls
dpnding upon t dpravity of usury.
!
Fift you askd about bailiffs and your officials, w t r it is lgitimat for you to sll t m
t s offics or to rciv a loan from t m ratd until t y acuir t sam amount in t
offics assignd to t m.
In rsponding to t is it sms t at t is ustion sms to contain two difficultis, of w ic t
first is about t sal of offics. Concrning t is ustion it sms to m t at w s ould considr
t at t Apostl says (I Cor. 6:12), "many t ings ar allowd t at ar not usful"; now sinc you
and ovr to bailiffs and to your officials not ing but t powr of a tmporal offic, I do not s
w y it is not lgitimat for you to sll offics of t is kind, w n you sll to suc prsons about
w om it can b prsumd t at t y ar usful to t prformanc of t s sorts of offics, and
t at t offic not b sold at so grat a pric t at t y ar not abl to rcuprat t ir mony
wit out burdning your subjcts.
But nont lss suc slling sms to b not altogt r usful. First bcaus it appns
fruntly t at t y w o ar most suitd to prforming t offics of t is sort ar poor, suc t at
t y would not b abl to purc as t offic; and vn if t y ar ric , t bst prsons do not
sk t s offics nor do t y long for t financial gain to b acuird from t offic. T
rsult would t rfor b t at mostly t os individuals would gt offics in your land w o ar
lssr popl, ambitious, and lovrs of mony; it is probabl t at t y would bot opprss your
subjcts and not so fait fully tnd to vn your intrsts. Hnc it sms to b mor pdint
t at you slct good and wll-suitd mn for suc offics, w om you mig t vn compl to srv
against t ir will if it b ncssary; bcaus t roug t ir goodnss and fforts mor will accru
to you and your subjcts t an you would b abl to acuir from t aformntiond sal of
offics. T kinsman of Moss gav im t is counsl (E. 18:21-22), "Provid," said, "from
ac popl wis mn and t os faring God, in w om t r is trut , and w o at avaric. And
stablis from t m ladrs of undrds and fiftis and tns, w o will judg t popl for all
tim."
But t scond doubt surrounding t is issu can to b about t loan. It sms t at w s ould say
t at if, undr t is pact, t y mak a loan to rciv an offic, wit out doubt t pact is
usurious[to giv back mor t an was loand²to giv back t loan PLUS t offic²is usury]
bcaus t y rciv t powr of t offic for a loan; nc in t is affair you giv to t m t
occasion for sinning, and t y ar vn bound to rsign t ir offic acuird in t is fas ion. If
owvr you giv t offic frly, and t raftr you rciv a loan from t m w ic t y ar
abl to rcovr from t ir offic, t is can tak plac wit out any sin.
)+ !
Sit you askd w t r it is lgitimat for you to lvy tas upon your C ristian subjcts or to
forc loans.
In w ic mattr you did considr t at t princs of countris ar institutd by God not, for sur,
t at t y s ould sk t ir own gain but t at t y s ould procur t common utility of t
popl. For towards t blam of crtain princs it is said in Ezkil (Ez. 22:27) "Hr princs in
r midst ar lik wolvs taring at pry, unting t spillag of blood, t dstruction of souls,
and ravnous gain." And lsw r it is said t roug t sam Prop t (Ez. 34:2-3) "£o to t
s p rds of Isral w o pastur t mslvs! S ouldn't t flocks b pasturd by t s p rds?
You'v fd off t ir milk, covrd yourslvs wit t ir wool, and t fattd you av killd; but
my flock you av not pasturd!" And for t is rason salaris wr institutd for t rulrs of
countris so t at, living off of t salaris, t y would rfrain from impovris ing t ir subjcts.
And nc in t sam Prop t, wit t Lord commanding, it is said (Ez. 45:8), "lt t r b for
t princ a possssion in Isral, and t princs will no longr opprss my popl."
Now it somtims appns t at princs do not av sufficint incom for protcting t country
and for t os ot r t ings at and t at t princs rasonably av to pay for; and in suc an
instanc it is rig t t at t subjcts provid t at w rby t ir common utility can b procurd.
And so it is t at in som countris, by an ag-old practic, t lords impos lvis upon t ir
subjcts, w ic , if t y ar not cssiv, can b dmandd wit out sin. According to t
Apostl (I Cor. 9:7), no on gos into battl at is own pns; t us t princ w o gos into
battl for t common utility s ould also liv off of t community's t ings or s ould procurs
from t businsss of t community, it r t roug t stablis d incoms or, if t s sorts of
t ings ar lacking and will not b sufficint, t roug t os t ings t at ar collctd from
individuals. And it sms to b similar t inking if som situation mrgs anw in w ic it is
ncssary to pnd muc for t common utility or to prsrv t gnuin standing of t
princ, for w ic is prsonal incom or customary tas do not suffic - lik if nmis invad
t land or som similar situation mrgs - t n also, ovr and abov t usual tas, t princs
of lands can act som t ings from t ir subjcts for t common utility. But if t y s ould
wis to act byond t at w ic as bn st for t m, solly for t dsir of aving it, or for
disordrd and immodrat pnditurs, t is is in no way allowd to t m. Hnc Jo n t
Baptist said to t soldirs w o cam to im (Lk 3:14): "Strik no on, caus no calumny, and b
contnt wit your wags" (for t incom of t princs is lik t ir 'wags,' w ic wit t y
s ould b contnt suc t at t y do not mak furt r action, cpt in accordanc wit t
rason givn, for t sak of t common utility).
) , !
Svnt you askd, if your officials wit out t ordr of law s ould tort somt ing for t
subjcts w ic maks its way to your ands (or mayb not), w at you s ould do.
On t is mattr t answr is clar, bcaus, if it s ould com to your ands, you s ould giv it
back, it r to known prsons if you can, or also to pnd it for pious uss or for t common
utility, if you can't find t known prsons. But if it dos not mak its way into your ands, you
s ould compl your officials to a lik rstitution, vn if known individuals arn't availabl to
you from w om t y tractd t s t ings, lst from t ir injustic t y s ould mak off wit
som lucr; in fact t s officials oug t to b punis d by you rat r avily, so t at t rst will
abstain from similar conduct in t futur, bcaus, lik Solomon says (Prov. 19:25) "as t
noious man is w ippd t imbcil bcoms wisr."
( !
Finally you ask w t r it is good t at Jws t roug out your provinc ar complld to war a
sign distinguis ing t m from C ristians.
T rply to t is is plain: t at, according to a statut of t gnral Council, Jws of ac s in
all C ristian provincs, and all t tim, s ould b distinguis d from ot r popl by som
clot ing. T is is also mandatd to t m by t ir own law, namly t at t y mak for t mslvs
frings on t four cornrs of t ir cloaks, t roug w ic t y ar distinguis d from ot rs.
T s ar, illustrious and rligious Lady, w at occurs at prsnt as answrs to your ustions, in
w ic mattrs I do not impos my judgmnt upon you in suc a way t at I do not rat r urg t
judgmnt of t prts to b sustaind. May your rign succd vn longr.

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