as guilty of the crime: all his movable goods go to the fisc, the immovable, however, to the lords. The prices, however, of his movable goods shall be handed in by the sheriff to the exchequer, and shall be marked thus in the yearly roll: "the same sheriff renders account of the chattels of fugitives and of those mutilated by the assize of such a place; namely, from this one 5, from that one 10," and so on through the separate headings, their names being expressed and the sums which arise from the chattels of the different ones. At the end, moreover, shall be put down the total of all, and near the end of that same line in which the total is shall be written: "in the treasury 40£ in so and so many tallies, and he owes 10£," or " and he is quit." These, oh brother, are the things which we mentioned above which are to be carried to the exchequer by the sheriff even though no summons shall have preceded. Such is also treasure dug out of the ground, or otherwise found. Likewise, when any one having a lay estate, or also a citizen, practises public usury, if he die intestate;—or also if, not giving satisfaction to those whom he has defrauded, he is seen to have made a will concerning his unrighteous acquisitions, but has not distributed these, nay rather has kept them by him;—since, thus intent on gain, the desire of possessing is not believed to have left him: his money and all his movables are straightway confiscated, and, without a summons, are carried by officials to the exchequer. The heir of the deceased, moreover, may rejoice that he still has the paternal estate and the movable property, which were all but withdrawn from him.
D. With regard to the foregoing remarks which have been made about usurers, a grave question strikes my mind, which, if it please thee, I should like to have more fully explained; for thou did'st say: " when any one having a lay estate, or also a citizen, practises public usury, etc."; from which words it seems that a certain distinction of persons can be made among those who are thus delinquent, and that the condition of clergy is one, that of laymen another, when they are equal in crime. Likewise from that which is added, "practises public usury," I presume that there can be a kind that is not public, and I am
