Article 5

Fifth, you asked about bailiffs and your officials, whether it is legitimate for you to sell them these offices or to receive a loan from them rated until they acquire the same amount in the offices assigned to them.

In responding to this it seems that this question seems to contain two difficulties, of which the first is about the sale of offices. Concerning this question it seems to me that we should consider that the Apostle says: many things are allowed that are not useful (1 Cor. 6:12); now since you hand over to bailiffs and to your officials nothing but the power of a temporal office, I do not see why it is not legitimate for you to sell offices of this kind, when you sell to such persons about whom it can be presumed that they are useful to the performance of these sorts of offices, and that the office not be sold at so great a price that they are not able to recuperate their money without burdening your subjects.

But nonetheless such selling seems to be not altogether useful. First, because it happens frequently that they who are most suited to performing the offices of this sort are poor, such that they would not be able to purchase the office; and even if they are rich, the best persons do not seek these offices nor do they long for the financial gain to be acquired from the office. The result would therefore be that mostly those individuals would get offices in your land who are lesser people, ambitious, and lovers of money; it is probable that they would both oppress your subjects and not so faithfully tend to even your interests. Hence it seems to be more expedient that you select good and well-suited men for such offices, whom you might even compel to serve against their will if it be necessary; because through their goodness and efforts more will accrue to you and your subjects than you would be able to acquire from the aforementioned sale of offices. The kinsman of Moses gave him this counsel: provide, he said, from each people wise men and those fearing God, in whom there is truth, and who hate avarice. And establish from them leaders of hundreds and fifties and tens, who will judge the people for all time (Exod 18:21–22).

But the second doubt surrounding this issue can to be about the loan. It seems that we should say that if, under this pact, they make a loan to receive an office, without doubt the pact is usurious because they receive the power of the office for a loan; hence in this affair you give to them the occasion for sinning, and they are even bound to resign their office acquired in this fashion. If however you give the office freely, and thereafter you receive a loan from them which they are able to recover from their office, this can take place without any sin.