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A08937 Diues [et] pauper Parker, Henry, d. 1470, attributed name. 1496 (1496) STC 19213; ESTC S104285 414,007 392

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clothes gyue almesse mesurable to the nedy thynke that hyr husbonde sholde be pleased with hyr gyft yf he sawe that myscheef of the poore yf he somtyme forbyde 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 that hyr husbonde be sclaūdred and wroth with her gyuynge though his wrath be vnresonable she muste tempre the more hir gyuynge but whan she may wel som what gyue for them both with good conscyence Natheles yf she see hym gretly agreued for hyr gyuynge he forbede vtterly hyr to gyue almesse than it is good that she obey to his byddynge be sory that 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 ꝑafernalia may she not gyue therof with out hyr husbondes wyll ¶ Pauper She may gyue she is boūde to gyue he ought not to lette hyr ¶ Diues I suppose that the husbonde forbede 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 that nede she is boūde to gyue shall gyue thynke that hyr husbonde 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 whose name was Naball He had a good woman wyse fayre to his wyf whose name was Abygaell That tyme Dauyd fled the persecucōn of kynge Saul lyued in deserte with .vi. hondred men with hym as outlawes And for myscheef he sent .x. men to this ryche Naball praynge hym of some almesse in mete drynke But this Naball despysed Dauyd his messangeres called them theues outlawes flemyd men wolde no good gyue hem notwithstandynge that they had saued his good his bestes all y● tyme that they were in deserte Whan Dauyd herde these tydynges he was wrothe came with .iiij. hondred men to slee Naball all that longed to hym It happened that 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 Naball charged asses with brede wyne with soden flesshe of fyue shepe fygges and reysens other vytales grete plente sent to Dauyd by hyr seruau tes and she folowed after happened to mete Dauyd in his comynge Than Dauyd repreued hyr husbonde Naball of his vnkyndenesse sayd he sholde slee hym and all that longd to hym Than that 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 messangers whan they were there prayde Dauyd that he sholde not so venge hymselfe and taught hym moche goodnesse prophecyed to hym moche welth prayed hym that he wolde accepte hyr presaunt so he dyde Than Dauyd sayd to hyr Blessyd be our lorde god that sent the this daye to me blessyd be thy speche blessyd be thou that this daye haste letted me fro sheddynge of blood to venge myselfe And than Dauyd tourned ayen in to deserte she came home ayen foūde hyr husbonde Naball at souper solemply But that nyght she spake nought to hym of that mater for he was full dronken But in the morowe 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 hymselfe 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 ryghtful batayle so that they that fyght ryght fully ayenst the vnryghtful take ther goodes not for couetyse but for ryghtfulne s se to shewe that they haue occupyed tho goodes wrongfully But yf they talke ther goodes for euyll couetyse 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 restytuco n yf he may wete to whome it longeth And therfore he shall do men to wyte of the fyndynge by open speche in towne strete in chirche that he that ought it may chalenge it And yf no man chalenge it he that founde it may by auctoryte of a wyse confessour kepe 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 that ought it soo make restytucōn Therfore sayth saynt Austen in Omelia Yf thou haste foūde ony thynge not made restytucōn that thynge thou 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 grete For god charged not the thynge that 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 chasty s ed in the begynnynge For the phylo s ophre sayth Principijs obsta With stande the begynnynge of vyces of mycherye For whan childern in yonge begynnen to haue lykynge in mycherye 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 that 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 disciplina 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 haddeste thou chastysed me in my youth I sholde not haue be hanged Therfore the wyse man sayth Qui parcit virge odit filiū suū c̄ He that spareth 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 hangynge On a daye he mette with the fende he bad hym stele a goos ete ynough at ones he dyd so And soone after he
that withdrawe or let goddes worde to be preched ben manquellers that goddes worde sholde hyghly be worshyped what profyte it is to here goddes worde ca. x ¶ Curates that repreue not theyr sugettes of theyr synnes also they that defraude take awaye holy chirche godes ben manquellers so be the prestes that denye the sacrament of penaūce to repentant men in theyr laste ende what peryll it is to truste to moche on goddes mercy ca. xi ¶ He that doth an other man wyttyngly to forswere hym also he that consenteth to dedly synne who so doth ony dedly synne is a mansleer why god gaue the cōmaundementes of y● nombre of .x. yet ben they all knyt in one cōmaūdement of kynde how goddes lawe is lykened to a sautrye and to an harpe ca. xij ¶ Declaracōn of this text He y● offendeth in one offendeth in all ca. xiij ¶ How cōmaūdementes of the fyrste table be comprehended in the cōmaūdement of kynde of vengeaū●s of manslaughter of murder ca. xiiij ¶ God defendeth not sleynge of bestes but only manslaughter without gylte how men may synne in sleyng of bestes ca. xv ¶ In what maner to whom man slaughter is leful god y● lawe sleeth wycked doers Iuges slee as goddes mynystres his offycers ca. xvi ¶ Why y● swerde was graūted to prest mynystres of the olde lawe why that swerde of shedyng of blood is forbodē prest of the newe lawe also what the sa● mēt of the aulter representeth ca. xvij ¶ How the lawe punysshed clerkes she ders of blood many cases of yrregularyte for manslaughter wymeh y● do mys craft or vnlefull craft to let thē self fro beryng of childrē al that come to sle tho y● sle not be māsleers c.xviij ¶ Many other cases of yrregularyte for manslaughter ca. xix ¶ Exposycōn of this texte he y● hath no swerde selle his cote ● of the deth of many saphyra at saynt Peters wordes ca. xx ¶ A Iuge knowynge a man vngylte shal not dampne y● man tho the q̄ste ● what the Iuge shal do ● ca. xxi ¶ Causes why it is vnlefull man or woman to slee themselfe ca. xxij ¶ Why it is more sȳne to slee a right full man than a wycked how it is vnleful a man to slee his wyf for auoutry more synne to slee fader or moder than his wyf ca. xxiij ¶ Why god suffreth warre batayl thre thynges be nedefull y● batayle be rightful how clerkes other mē may defende thēself how sugett be excused of fyghtyng for theyr prynce soude oures also how not ca. xxiiij ¶ The sixthe cōmaūdement ¶ Nyne spyces of lechery how many maners a man maye synne with his wyfe Ca. I. ¶ Why matrymony was ordeyned of .iij. thynges of matrymony what matrymony betokeneth ca. ij ¶ What myscheef cometh of auoutry what vengeaūce god hath do therfore in holy wryt of the ꝓphecye of Boneface martyr of y E lechery of englonð y● groūde begȳnyng of eury peple is laful generacōn in wedlok ca. iij ¶ Whā god made matrymony gatlawes a good declarynge of the wordes of Adam this bone is now of my bones ● why womā was made of y● ryb of man not of erth ● ca. iiij ¶ Auoutry is gretter synne in husbōde than in wyf a grete ꝓcesse of saȳt Austen rebukyng auoutrers ca. v ¶ Saynt Austen answereth to false excuses of lecherous men how cryste saued the womā taken in auoutry they y● sholde punysshe synne sholde be vngylte ● cases in whiche y● husbōd may not accuse his wyf in auoutry ca. vi ¶ In what maner a man may forsake his wyf for fornycacōn of the yrre gularyte of a man knowyng his wyf after he knoweth that she hath do fornycacōn only deth departeth breketh bonde of matrymony of two maner dethes of entre in to relygyon of wedded folke or they knowe flesshely togydre the wyf hath as grete occasyon in to fayth of matrymony ayen her husbonde as her husbonde ayenst her cause why ca. vij ¶ Symple fornycacōn is dedly synne These wordes Crescite multiplica mini that is wexe ye be ye multeplyed were spoken of only to man woman wedded tegydre why cryste wolde his moder sholde be wedded or he were conceyued ca. viij ¶ Wedded man woman may lyue chaste yf it lyke them both for many causes ordeyned god man woman not knowe to gydre flesshely but in wedloke what ●ynnes a woman auoutresse dooth ca. ix ¶ A woman lechour is y● fendes snare a man lechour is the fendes nette Comōly more malyce is in men than in wymen of excusacōn of Adam why he synned more than Eue why cryste becam man not womā ca. x ¶ Sampson Dauyd Salomon disceyued themself or wymen disceyued theym Peter whan he forsoke Cryste was more in defaut than the woman that spake to hym men lechours dyffame chaste wymen that wyll not assente to them ca. xi ¶ Blamynge or lackynge of wycked wymen praysynge of good wymen the the wyne is not to blame though the glotone therof do lechery neyther y● beaute of a womā is blame though a man by occasyon therof be styred to hyr the mysuse is to blame ca. xij ¶ Of mānes arraye womans cause why wymen ben oft more stable in goodnesse than men Of men wymen ankers that womans counseyll cometh ofte of god ca. xiij ¶ Dyuerse remedyes ayenst lecherye example of Rosamonde of the bauson the foxe of vnclene lecherous thoughtes ca. xiiij ¶ Mynde of crystes passyon redynge in holy wryt thynkynge of the paynes of helle ben also remedyes ayenst lecherye ca. xv ¶ Vengeaunce that god hath taken for fornycacōn for auoutrye for mys vse of a mannes owne wyfe for Incest for synne of sodomye why wymen childern were punysshde in the subuersyon of sodomye ● ca. xvi ¶ Of lechery of prestes dekens sub dekens paynes sette in the lawe for suche synnes whan a man of holy chirche is called in the lawe an open notorye lechour ca. xvij ¶ Causes why lecherye in clerkes is more greuous than auoutrye in seculers ca. xviij ¶ How men falle in bygamye why they ben yrreguler by bygamye that by gamus shall not haue the preuyleges that longe to clergye ca. xix ¶ Wymen delyuered of childe maye entre holy chirche what tyme that they wyll ben of power Neyther husbonde may gyue leue one to other to take an other woman or man Excusacōn of Abraham of Iacob that had at ones dyuerse wyues ca. xx ¶ In what maner elues y● ben fendes ben sayd to do lecherye with man woman beest of monstres or woūdre thynges so gendred ca. xxi ¶ What is goostly fornycacōn goostly auoutrye ca. xxij ¶ An answere to an argument that
longe y● people is able to kepe that londe y i god hath gyuen theym to lyue good lyfe But whan they wyll rebelle ayenst theyr souerayns wyll not stande to theyr ordynaūce but euery man wyll be his owne man folowe his owne fantasyes despyse his souerayns ther dome gouernaūce ne gyue no tale of goddes lawe ne of londes lawe ne of holy chirche lawe ne haue men of dtue of dygnyte in worshyp but for pryde haue them in despyte be besy to worshyp themself in hynderyng of other that people is able to the swerde able to lese his londe For as ye see at the eye in tyme of tempest though the bowes of the tree bete themself to gydre all to breste fall downe as longe as y● rote of the tree kepeth him fast in his place ryseth not so longe y● tree shal not fall But whan y● rote begyn to ryse out of his place anone y● tree begyn to fall Ryght thus it fareth by y● people of a londe Though tempest of pryde of couetyse of enuye of lechery fa● sōtyme in y● croppe of y● tre● that is to say amonge lordes souerayns grete men yf y● poore people that is rote of y● tree of all y● comonte kepe them styl in lownes do mekely ther dute to god kepynge his cōmaūdement y● good preceptis of ther souerayns so longe is hope that the people shal fare well after that tempest not be destroyed but yf they ryse ayenst god by customable dedly synnes ayenst ther worldely souerayns wyll entecmete them of euery cause of that londe of holy chirche termine euery cause by ther wytt bodye crop of y● tree shal falle For it is not possyble that the rote sholde be so hyghe as the crop of the tre but y● tre fell Ne that the fote sholde be aboue y● hede but the body felle ¶ Diues This is full soth we see it at y● eye for pryde rebellyon of y● poore peple is cause of destruccōn of this londe For sythen they aresen ayenst ther souerayns was ther neuer stabylyte in this lōde but alwaye syth y● tre of y● peple of this lōde y● realme hath stande in fallynge ¶ Pauper Vnbuxūnesse pryde was pryncypal cause of lesynge of londes of realmes And pryncypally the cause of saluacyon of realmes londes comontees is obedyence buxumnesse that eche man in his degree obeye to his souerayn worshyp hym as fader And therfore leue frende I praye you for goddes sake that ye worshyp all your faders moders in theyr degre as I haue sayd And haue ye olde folk feble in worshyp whyle ye be in yonge age worshyp ye the age that ye drawe to haue no scorne of the olde folke for feblenes vnclennes that ye see them in But thynke ye that suche ye shall be yf ye abyde theyr age feble vnourne loth to the syght For suche as ye be now suche were they somtyme It fareth by age of man woman as it doth by a precyous stone that is called crysolitus This stone as the mayster sayth of kyndes in the begynnynge of the daye it shyneth bryght as ony golde but as the daye passeth so passeth his bryghtnesse the nerer euen the more it fadeth so y● by euen it is lyke a clot of erth Thus fareth by man woman in this worlde For in theyr youth in theyr begynnyng they be fayre rede rody and fresshe as a rose in May full lusty to the eye But as youth passeth so passeth ther beaute And as they olde so they fade tyll at the laste the daye of theyr lyfe cometh to an ende and than be they but a clot of erth full vnourne gastely to the syght ¶ Here endeth the fourth cōmaundement And begynneth the fyfthe Capitulum Pr m si DIues As me thynketh thou hast enformed me well in these tour cōmaundementes Now I praye the for charyte that thou wylt enforme me in y● fyfth ¶ Pauper The fyfth cōmaūdement is this Non occides That is to saye thou shalt not slee In whiche cōmaūdemēt god forbedeth vs all maner manslaught vnleful both bedely goostly He byddeth vs that we slee no man ne woman vnryghtfully ayenst y● lawe neyther with herte consentyng to his deth ne by wrath hate For as saynt Iohn sayth Qui odit frēm suū homicidia ē He that hateth his brother is a man sleer for of wrath hate cometh māslaughter Also by this cōmaūdement he forbydeth betyng fyghtyng maynyng prysonyng banysshyng outlawynge For these suche other be a maner of deth dyspose to deth warde therfor it sholde not be do to man ne womā without grete gylt Also he forbedeth y● we sle no man ne woman with our tonge hym hynderyng procurynge his deth ne fauour gyuynge ne false wytnesse berynge ne lesynges makynge ne by dyffamynge ne bacbytynge For bacbyters and wycked spekers be manquellers And therfore sayth Salomon That moche folke hath falle by the sworde but not so many as haue be slayne by the tonge Eccl .xxviij And therfore he sayth Prouer. xviij That lyfe and deth be in the handes of the tonge That is to saye in the myght of the tonge For by handes in holy wryt is vnderstande myght power And therfore Dauyd sayth Lingua eorum gladiꝰ acutus The tonge of y● Iewes of other wycked spekers is a sharpe sworde For y● Iewes slowe cryste with ther tonges not with ther hondes For they procured his dethe by false wytnesse by excytynge of the people But paynyms slowe hym with theyr hondes dyde hym on the crosse And yet as saynt Austen sayth The Iewes were more gylty of crystus deth than Pylate that dampned hym to the deth or the knyghtes that dyde hym on the crosse For with her tonges the Iewes slo●e hym and were cause of his deth And therfore sayth the lawe that he that sleeth his brother with his honde he that hateth his brother he that bacbyteth his brother all th●e be mansleers Depe di.i. homicidiarum The bacbyter sleeth thre attones he sleeth hym self by his owne malyce hym that hereth hym hym that hath lykynge in his false tales hym that he bacbyteth For he maketh hym to lese his good name peraduenture his lyfe He maketh hym also to lese charyte whan he knoweth his wycked speche that he hath sayd behynde hȳ so bylesyng of charyte he leseth god that is his lyfe of his soule And therfor the wyse man lykeneth the bacbyter to the adder that byteth styngeth in stylnesse Eccl .x. A shrewed adder is the bacbyter that sleeth thre with one breth Therfore Salomon sayth Ktepe ye you from bacbytynge of y● parted tonge For a wycked worde sayd in preuy shal not passe in vayne and without woo For the moneye sayth he that lyet
ther wyues in ony caas holy chirche shall punysshe theym and enioyne them full harde penaūce as for mauslaughter ¶ Diues Whether is more synne a man to slee his wyfe or to slee his fader or moder ¶ Pauꝑ Bothe be greuous synnes moche ayenst kynde For the man his wyf be one flesshe and one blood And he ought as saynt Poule sayth to loue his wyfe as his owne bodye and therfore he to slee hyr ayenst kynde But yet it is more synne and more ayenst kynde to slee fader and moder for of them man hath his begynnynge his flesshe blood And also yf he slee ony of them he forfeteth openly ayenst the cōmaūdement of god the fourth the fyfthe For in that he vnworshyppeth ouer moche his fader and his moð falleth in cruell māslaughter therfor it is more synne to slee fader moder than to slee his wyfe as the lawe sayth in sūma ●ffessorum li. iiij ti.ix.q̄.x Caplm .xxiiij. DIues Sythen god byddeth that no man sholde slee vnryghtfully Why suffreth god so moche warre be in erthe so many batayles ¶ Pauꝑ For moche folke is worthy to deye wyll not stande to the lawe of peas Therfor god hath ordeyned cōmaūded the lawe of y● swerde of cheualrye to brynge them to peas with the swerde y● wyll not obeye the peas by lawe of charyte and reason ¶ Diues Than it semeth y● men of armes may slee menlefully that wyl not obeye to the peas to goddes wyll ¶ Pauꝑ That is soth For Abraam Moyses Iosue Dauyd Iosye Machabeis many other were men of armes sloughe moche folke And yet god repreued them not but he bad them slee and halpe them in ther sleynge and in ther fyghtynge ¶ Diues I may well assent that batayll is lefull yf it be ryghtful For god is called Dn̄s exercituū et dn̄s labaoth That is to saye lorde god of oostes ¶ Pauper Thre thynges be nedeful that batayl be ryghtfull Iusta causa iustus ammus et auctoritas legittimus principis A ryghtfull cause a ryghtfull Intencyon and auctoryte of a lawfull prynce Fyrste it is nedefull that the cause be ryghtfull that they fyght only for the ryght to mayntene ryght and for saluacōn of the comonte of them that be vn gylty and wolde haue peas For as saynt Austen sayth The ende of batayll sholde be peas xxiij.q̄.i nolite Also ther Intencyon muste be ryghtfull that they fyght not for pryde to gete theym a name ne for no false couety s e to gete worldely good ne for no malyce for to be venged ne for no cruelte and lykynge to shedde blood For yf ther Intencyon be wycked thongh ther cause be true they synne in māslaughter And for ther wycked Intencyon god suffreth men to be ouercomen in a ryghtfull cause Also it muste be do by auctoryte of a lawfull prynce that is prynce made by comon custome or by comon lawe or by comon assent of the comonte or by comon lawfull eleccyon For thoughe a persone gadre to him rebellors ayenst his lege lordes wyll all though the rebellors make hym ther hede and her prynce they may not by his auctoryte do ryghtfull batayl But all thoughe au●toryte of a prȳce lawful be nedefull to ryghtfull batayll that is solempny done by mannes lawe yet in a ryghtfull cause at nede man may by lawe of kynde without auctoryte of ony prynce fyght defende hȳself his goodes ayenst wycked folke for it is the lawe of kynde euery man to saue hymselfe put awaye fo rs with fo rs myght with myght Licitū est vim vt repellere So that his purpose be not to slee ne to rebell ayenst his soue rayne ne ayenst the lawe but only in truthe to saue hym his fro wycked doers Nethelesse clerkes sholde not fyght for no worldely good but they maye in case with fyghtynge smytyng defende ther owne persone ayenste clerke ●wde man And so maye the lewde man defende hymself with smytynge ayenst the clerke y● seketh to smyte hȳ yf he may not els sekerly saue hymself yf he may sekerly saue hȳself eyther by slyght eyther by shettynge of dore or of gate or ony other waye he ought to saue hymself not smyte a clerke but wysely saue them both But alwaye be he ware that his flyght be not cause of his deth And syth that the lewde man ought to flee the clerke yf he may in seker maner saue them both Moche more the clerke that sholde shewe pacyence flee shedynge of blood by his ordre ought to flee a lewde man yf he may to saue hymselfe sekerly to saue theym both Yf the sugett be in doubte whether the cause that they fyght for be true they be excused by the cōmaūdement of ther prynce for vertue of obedpence so that the sugettes haue no cause to mysdeme of her prynce by his comon lyuynge but y● they suppose that he in all his lyuynge be ruled by reason goddes lawe But yf they be seker that the cause is false they be not excused ne ought not to fyght Or els yf the prynce be man out of good gouernau ce as frentyke or braynles or els that he be in his lyuynge openly rebellynge ayest god than the people ought not to obeye to his byddynge whan he byddeth them fyght but yf they knowe sekerly that his cause be true But than they muste obeye the prynce of heuen that byddeth them slee noo man ne woman vngylty Sowdeours other knyghtes men of armes other frendes of the prynce not suget to hym by obedyence yf they fyght for him in cause that is in doubte they be not excused from dedely synne man slaughter In sūma ●fesso li.ij.i.v.q̄.xlv.et.xlvi Thus leue frende haue I declared to you the fyfthe byheste that byddeth you and vs all not slee And therfore leue frende all yf your persone be not able to fyght ne to slee yet I praye you that ye beware that ye assent to no mānes deth neyther byfore ne after but ye were seker that they were gylty worthy to deye For the lawe sayth that both they that done the mysdede and they that assentten therto be worthy euen payne Agentes et consencientes pari pena puniantur Iustefye ye noo mannes deth but ye knowe well the cause of his deth For I am seker that god dampneth moche manslaughter that ye other Iustefye and the dome of god shall falle that he sayd to saynt Peter He that smyteth with y● swerde shall perysshe with the swerde And he that robbeth shall be robbeth Ve ● predaris nonne predaberis Ysa .xxxiij. Aldaye ye maye see what vengeaunce falleth for shedynge of mānes blood euery yere more more Other necyons slee vs in euery syde robbe vs we haue lytyll spede or none but only to slee our owne nacōn Therfore be ye ware of goddes swerde
vnlefull to truste y● a man is a theef or to slee hym for a wytche sayth a persone to be a theef ca. xxxv ¶ Wytches vsynge prayers dedes of holynesse hole thynges in her wytchecraftes in so moche they worshyp the fēde the more the more they despyse god why wytchecraft is moost vsed amonge olde folke ca. xxxvi ¶ That god forbedeth al maner synne by the fyrst cōmaūdemēt ca. xxxvij ¶ How it is leful to vse lottes how not and soo of playnge at the dyce caplm .xxxviij. ¶ What wytchecraft is of synne to fayne wytcraft also of faynynge of myracles by ypocresye ca. xxxix ¶ Of charmynge of adders how it is vnlefull perylous to man to charge his frende to come ayen after his deth shewe hȳ his astate ca. xl ¶ How after mennes deth somtyme fendes go faynynge them to be spirytes of suche men somtyme the soules of deed men appere why ca. xli ¶ How the newe faste called our lady faste hath no groūde neyther it is of auctoryte ca. xlij ¶ Dyuerse causes of dremes that it is peryllous to byleue in dremes To truste in dremes is forboden in scrypture and why it is harde for to knowe what dremes betokenen caplm .xliij. .xliiij. ¶ Styrynges to goodnesse that a man hath in his dremes may he folowe so that it be done warly what harme cometh to theym that had leuer dreme of the fende than of god ca. xlv ¶ Of the foly of theym that had leuer mete w●a tode than w●a knyght or with a man of relygyon of them that wene to fare better yf y● puttok flee ouer the waye ca. xlvi ¶ Of the foly of theym that dyuyne what shall falle in the yere folowynge for crystmasse daye or the fyrst daye of Ianuarye falleth on a sondaye or on a mondaye so forth also of the foly of them that make them wyse whatshall fall in the yere suynge for it thondreth in this moneth or in this Also what foles they be that dyuyne of the yere folowynge by the .xij. dayes in crystmasse ca. xlvij .xlviij ¶ Of the foly falsehede of Iapers that ben called multeplyers of golde syluer why god suffreth couetous men to be begyled of suche faytours caplm .xlix. ¶ On what maner men of holy chirche sholde be no hunters of them that whan they mete men of holy chirche namely freres they put them on the lefte honde ca. l ¶ Argumentes why it is to drede that so lempne makynge of chirches good arraynge of them that fayre seruyce is done in chirches of Englonde is more of pompe pryde than to the worshyp of god ca. li ¶ Good causes why it was bodē exo xcx the ryche the poore paye a lyke to the tabernacle y● after dyuerse circūstaūces somtyme it is more cōuenyent to make chirches than to helpe poore men somtyme ayenwarde ca. lij ¶ How that many y● grutche ayenst makynge of chirches thynges longyng to chirches ben lyke Iudas that grutched whan Magdaleyne enoynted cryste that waste costes pompe in suche ●hynges ben to be repreued ca. liij ¶ How it is vnðstande y● cryste sayth whan y● shalt pray entre thy chābre ● how with euē charite bet● is to pray in chirches than out of chirches so the prayer of many is better than of one alone ca. liiij ¶ How processyons done for to praye for peas be not done with due crycūstaūces good therfore our prayer is not herde that the people is leuer to paye taxes to haue werre than peas caplm .lv. ¶ How it is vnðstande y● short prayer thyrleth heuen y● somtyme it is to praye only in herte somtyme with mouth y● dystynctly neyther to faste ne to treate cause why ca. lvi ¶ How it is vnderstande that Cryste bad that men sholde not speke moche in prayer causes why pryncypaly men sholde praye in chirches ca. lvij ¶ Why men praye to god not withstandynge that he is vnchaūgeable of two maner prayers one comon an other synguler dyuerse causes why men sholde praye by mouth ca. lviij ¶ Why in the begynnynge of holy chirche was not so grete solempnyte of dyuyne seruyce as now is in chirches also causes why songe melodye was ordeyned in holy chirche ca. lix ¶ It is a shame to a londe to haue many martyres whiche the people of the same londe haue slayne of vengeaunce comynge to the people that sleeth martyrs ca. lx ¶ Why myracles be not now so comō as they were in y● begynnynge of crysten fayth that the multytude of myracles sygnyfyed vnstablenesse in the fayth rather sheweth y● the people is malycyous than good ca. lxi ¶ Doynge of myracles is noo syker preef of holynesse of the dedes of ypocrytes why god suffreth false men to do woundres myracles to begyle the people ca. lxij ¶ Comon solempnyte of crysten buryenge is not to be forsaken of the dygnyte of mannes bodye womans caplm .lxiij. ¶ Feyres markettes to be holden in sanctuarye is vnlefull of harmes that come therof ca. lxiiij ¶ The seconde cōmaūdement ¶ In thre maners is goddes name taken in vayne god is our pryncypal godfader for after cryste we be called crysten men yf we lyue not crystenly we take the name of cryste in vayne for myslyuynge Ca. I. ¶ Goddes name is taken in vayne by myspeche in many maners in scornynge in Iapynge in erroneus techynge in couetouse or enuyous prechynge in bannynge of warynge in lewde vowes makynge in brekynge of le full vowes ca. ij ¶ Vowes sholde be made w●a good auysement that Iept synned in his vowe makynge y● wycked vowes wycked byhel● be to be broken ca. iij ¶ Goddes name is taken in vayne by blasphemye by grutchynge ayenst god by ouerhope wanhope and by vayn swerȳge what harme cometh of customable swerynge ca. iiij ¶ Thre false excusacōns of othes answeres to the two fyrste excusacyons ca. v ¶ In seuen cases it is lefull to swere in euery othe sholde thre thynges be kepte so answere to the thyrde fals excusacōn Also true vnderstandyuge of textes of the newe lawe that speke of swerynge ca. vi ¶ Of two maner swerynges of attestacyon execracyon why it is forboden to swere by creatures on y● fyrste maner ca. vij ¶ How peryllous the seconde maner sweryng is what it is to say so helpe me god at the holy dome why men swerynge byfor a Iuge lay theyr hondes on a boke kysse it ca. viij ¶ They that begyle men with theyr subtell othes ben forsworne though they saye sothe for in two maners may a man be forsworne in sweryng sothe ca. ix ¶ In six maners may a man be forsworn also he that doth an other to swere wytynge well that he wyll forswere hym synneth gretely ca.
All the cōmaūdementes of the seconde table be knyt in the seconde cōmaūdement of charyte Why the cōmaūdement of worshypynge fader moder is the fyrste of the seconde table how they sholde be worshypped also of payne that cometh to them that worshyp not fader moð E●ample of Cham the sone of Noe. Ca. I. ¶ What myscheef cometh to childern that hynder fader moder for theyr good of them that ben vnburum to fader moder Example by Absolon and Adonye ca. ij ¶ By example in kynde we be taugh te to worshyp fader moð as of the storke of the pellycane ca. iij ¶ Helpe at nede is called worshyp in holy wryt that ought the childe to fað moð What peryll it is foly man or woman to dysmytte them of theyr good trust to theyr childern ca. iiij ¶ In what maner the childe ought to hate fader moder to forsake theym how fader moder sholde helpe the childe the childe theym at nede Example by the rote the croppe of a tree but the fader the moð haue more kyndely loue to theyr childern than ayenwarde ca. v ¶ In what maner men of relygyon sholde helpe fað moð at nede ca.vi ¶ The goodes of holy chirche ben the goodes of poore men and nedy How saynt Benet yaue goodes of his couent to poore men saynt Fraūces bade the same ca. vij ¶ Goodes of relygyon sholde be more comon than other mennes goodes to helpe nedy folke Of the abusyon of some proude relygyouse men and theyr ypocrytes excusynge fro gyuynge of almesse ca. viij ¶ Textis of holy wryt how childern sholde be obedyent to fader moder that good lyuynge of the childe is worshyp to fader moder and theyr euyll lyuynge is shenshyp to fader moder ca. ix ¶ Myssuffraūce of childern in theyr youth is theyr shenshyp velonye to all theyr kynne that men sholde chastyse theyr childern teche them to serue god ca. x ¶ Euery man woman is boūde after his degree to doo his besynesse to knowe goddes lawe that he is boūde to kepe how eche man in some maner sholde teche goddes lawe how the childe sholde worshyp fader moder whan they ben●deed ca. xi ¶ How we sholde worshyppe god as pryncypall fader moder ca. xij ¶ Onre goostly faders be to be worshyped why they ben called goostly faders what harme cometh by them that ben called curates both of them selfe to the people for they doo not theyr deuour ca. xiij ¶ Oure elders that be our faders moders in age be to be worshyped olde men y● ben customed in synne sholde be harde repreued ca. xiiij ¶ Kynges all soueraynes ought to be faders to theyr sugettes of them to be worshypped how why seruaūtes sholde obey to theyr lordes how lordes sholde do to theyr seruauntes caplm .xv. ¶ How wycked men tyrauntes ben goddes seruaūtes why god suffreth wycked folke to be in this worlde capitulum .xvi. ¶ God gyueth lordshyp power to wycked men for synne of the people to whom men ought to obeye to do them worshyp for theyr dygnyte caplm .xvij. ¶ How in what ordre men sholde obeye to theyr soueraynes in what thynges In what thynges knyghtes boūde men wyues childern eche ben bounde to obeye to theyr soueraynes in whiche thynges they ben not boūden ca. xviij ¶ In whiche thynges subgettes ben boūde to obeye to theyr prelates in whiche not though prelacy or lordshyp be occypyed ayenst the comon lawe yet it is good to obeye what a preste sholde do yf the bysshop bydde hȳ curse a man whom he holdeth vngylty ca. xix ¶ In what maner offycers of y● kynge sholde obeye to the Iuge in mater of mennes deth In whiche thynges a relygyouse man is boūde to obeye his prelate in whiche thynges not In what maner thynges a prelate of relygyon may dyspense in some thynges not ca. xx ¶ In what thynges a clerke is boūde to obeye his bysshop how the wyf is boūde to her husbond in brekynge of her vowe Some thynges ben good of themselfe some ben euyll of them selfe some Indyfferent In whiche thynges Indyfferent standeth proprely obedyence to men that ben soueraynes ca. xxi ¶ Alle men of astate dygnyte ben called faders ought to be worshypped of lower men ce xxij ¶ Angels sayntes in heuen ben our faders be to be worshyped how angels kepe defende vs. ca. xxiij ¶ Patrones of chirches ben faders of the same chirches on thre maners by cometh a man patrone what ryght longeth to patrones also of presentacōn of persones to chirches ca. xxiiij ¶ Euery man ought to holde other his fader in some degree for●ther ben many maner faders so by this cōmaundement we be bounde to helpe all nedy folke vpon our power capitulum .xxv. ¶ Why this cōmaūdement is gyuen with a byheste of welfare and mede caplm .xxvi. ¶ Pryde rebellyon vnbuxūnesse of the people ayenst theyr soueraynes that they wyll entremet them determyne euery cause of the londe and of the chirche is cause of destruccyon of reames ca. xxvij ¶ The fyfthe cōmaūdement ¶ Vnlefull manslaughter is done by herte by mouth by dede how a b●●cbyter sleeth thre at ones Ca. I. ¶ Thre maner of flaterynges in whiche is manslaughter dedly synne al so of payne of flateryng both by goddes lawe mannes ca. ij ¶ What myschef cometh of flaterynge to theym that haue lykynge in flaterynge ca. iij ¶ A musterer or whysterer is a preuy rowner a preuy lyer who is a double tonged man the flaterynge tonge is the thyrde tonge that dooth moche woo ca. iiij ¶ Flaterynge of fals ꝓphetes prechours other false men destroyeth ●ytees kyngdomes Ensample by scrypture how the flaterynge tonge is a gylous tonge ca. v ¶ On thre maners maye a man be slayne vnryghtfully ca. vi ¶ Nygardes that wyll not helpe poore folke at nede also tyraūtes extorcyoners y● take fro men theyr shynnes theyr flesshe fro the bones be mansleers what is vnderstande by these .iij skynne flesshe bone ca. vij ¶ Men y● witholde seruauntes theyr hyre ben manquellers Why Cryste sayd to Peter thryes pasce fede Men of holy chirche spende a mys goodes of holy chirche wyll not helpe the poore nedy folke ben manquellers caplm .viij. ¶ All the drawe folke to synne by mys entysynge or wycked example or mys coūseyll or false lore namely men of holy chirche be manquellers also all that gyue occasyon of sclaūdre how prelates theyr offycers sholde hane themselfe in theyr vysytacōns without what deuocōn prayer is dede c.ix ¶ All that let men of theyr good dedes of theyr good purpose mys techers ben mansleers as the fende is a contynuell manqueller Also men of holy chirche
all that thou haste gyue it to the poore folke and come folowe me But as sayth the gospell whan he herde these wordes he wente awaye full sory for he hadde many possessyons and moche richesses Than Cryste sayd to his dyscyples It is full harde the riche man to entre in to the kyngdom of heuens it is more easy sayd he a Camele to passe thrugh nedels eye than the riche mā to entre in the kyngdome of heuens Than his dyscyples sayd to Cryste Lorde who may than be saue Cryste answered and sayd That as anentes man it is Impossyble but to god alle thynge is possyble ¶ Diues These wordes sounde full harde to myn vnderstondynge and soone may brynge me suche other in dyspayre I praye the declare me this maner of speche yf thou can ¶ Pauper Some exposytoures of the wordes of Cryste saye that in Iherusalem was a lytyll pryue yate whiche for straytnesse was called the nedell whan the Cameles came ycharged to this yate they myght not entre but they dyde awaye theyr burdeynes and theyr packes And so by these wordes Cryste excludeth not you riche men from heuen But he techeth you how ye may entre the yates of heuen For as he sayth in the gospell The yate the waye that ledeth to lyfe blysse is full strayte and fewe passe therby And soo by this nedell is vnderstonde the entrynge in to heuens blysse By the Camele charged y● riche men that ben charged with the richesse of the worlde whiche charge as longe as it is faste vpon theym Soo longe they may not entre in to the blysse of heuen For Cryste sayth in the gospell Nisi quis renunciauerit omnibus que possidet non potest meus esse discipulus But a man forsake alle that he hath he maye not be my dyscyple And therfore yf thou entre in to the strayte yate of heuen thou muste vnbynde and louse thy charge 〈◊〉 richesse from the and leye it besydes the vnder fote to that thou be lorde and mayster of thy richesses and not the richesses thy mayster Caplm .vi. DIues How sholde I louse my richesses fro me ¶ Pauper As the prophete sayth Diuicie si affluant nolite cor apponere Yf richesse and welthe falle to the sette not thyn herte to moche theron Loue theym not to moche Be redy to thanke god whan he sente theym to the and as redy to thanke hym pacyently yf he take theym fro the and saye as Iob sayd Nudus egressus sum de vtero matris mee Naked cam I in to this worlde oute of my moders wombe and naked I shall go hens agayne Sythen we than haue taken goodes of richesses and of welth of goddes honde why sholde we not suffre pacyentely wo and dysease yf he sende them to vs. God gaaf me goodes and god hath taken them awaye as god wolde soo is it done blessyd be goddes name Iob primo Vnlouse soo thy richesses from the that in goddes cause thou be redye for to forsake all that thou haste rather than thou sholdeste offende thy god Soo that for noo wynnynge neyther for noo losse thou woldeste doo ony dedely synne Alwaye be redy rather to forsake thy goodes than thy god And in this maner muste euery man forsake all that he hath yf he wyll be Crystus dyscyple That is for to saye he muste withdrawe his herte and his loue from all that he hath soo that he loue noo thynge as moche as god ne in lettynge of his loue neyther of his worshyppe For who someuer that wyll be saued he muste be poore in spyryte and in wyll And therfore sayth Cryste in the gospell Beati pauperes spiritu quoniam ipsorum est regnum celorum Blessyd ben they that ben poore in spyryte and in wyll For theyrs is the kyngdome of heuens Alle though this exposycyon as touchynge the morall sense be fulle true and fayre Neuerthelesse doctour de lyra bycause it hath none auctory●e of holy scrypture that ther was suche a yate a●te Iherusalem that was called a nedell expowneth the wordes of Cryste in an other maner and sayth that Cryste speketh in that texte of riche men that sette theyr blysse theyr truste in richesse wherfore this is the menynge of the texte as lyre sayth As it is Impossyble for a Camele to passe thorugh the eye of a nedell Soo it is Impossyble for a man that setteth his truste and his blysse in richesses for to entre in to the royalme of heuens But yf he caste from hym suche inordynate loue and trustynge in richesse And that these wordes of Cryste sholde thus be vnderstonde the same doctour preueth by Crystus owne wordes in an other place Marci .x. where our lorde sayth thus How harde it is that men trustynge in richesse to entre in to the royalme of god It is easyer or lyghter that a Camele passe thorugh the eye of a nedell than a riche man for to entre in to the kyngdom of god that is to saye so trustynge in his richesses Inordynatly theym louynge Caplm .vij. DIues I assente to this exposycyon I was aferde that god hadde not loued riche men ¶ Pauper Abraham Ysaac Iacob y● holy patryarkes were full riche men yet god loued them full well Dauyd Ezechie Iosie were kynges of goddes people moche loued praysed of god Ioseph Danyell rulers of royalmes were of god chosen Iob Iachee Ioseph of Aromathye were full riche men now ben ful hygh in blysse For the riche men be not lacked in holy wryte for theyr richesses but for her wycked couetyse and myswyll of richesse And therfore sayth saynt Ambrose suꝑ Lucam that the faute is not in the richesse but in theym that can not vse theyr richesse in due maner And therfore sayth he that right as richesse is lettyng of vertue to wycked men so it is helpynge of vertue to good men Ne poore men be not praysed so moche in holy wryte for wantynge of richesse ne for myschyef that they ben in but for theyr good wyll theyr good loue that they haue to god Whan for his loue they forsake richesse and put them in pouerte myschyef to serue theyr god the more frely without lettyng of worldely couetyse For more shrewes fynde I none than poore beggers that haue no good that the worlde hath forsake but they not the worlde ¶ Diues Therfore me thynketh alwaye that it is better to be riche than poore For pouerte myschyef drawe many a man to robbery manslaughter lecherye other synnes many moo And therfore sayth Salomon Propter inopiam multi deliquerūt Ecclesiastes .xxviij. ¶ Pauper Some be poore nedy by theyr good wyll some ayenst theyr wyll And they that ben poore ayenst theyr wyll some haue pacyence some haue noo pacyence they bycause of myschyef they lyghtly fall in synne But neyther pouerte wylfully taken for the loue of god ne
pouerte that falleth to man ayenst his wyll bryngeth man to synne yf he haue pacyence More ouer I saye that couetyse of richesse is more cause of synne than pouerte And therfore sayth saynt Poule that couetyse is rote of all maner wyckednesse And the poore man dare not ne may not synne ne mayntene his synne as the riche man may For he may sooner be punysshed chastysed than the riche man Also ther is nede of pouerte and nede of couetyse For as Salomon sayth the coueytous man hath neuer ynough but for myschyef of her te he leseth his soule And of this myschyef nede speketh Salomon y● wordes that thou alleggest Caplm .viij. DIues I here by thy talkyng thou art a lettred man what canst thou saye to the wordes of Salomon Prouerb .xxx. Where he prayed thus Mendicitatē diuicias ne dederis michi ne egestate compressus periurē nomen dei Lorde he sayth gyue me neyther grete richesse ne beggery that I be not cōstrayned by nede to for swere my goddes name holy chirche syngeth sayth Diuicias pauꝑtates ne dederis michi Lorde sayth he gyue me noo grete richesse ne grete pouerte wherby as me thynketh eche man sholde be besye to flee pouerte beggery and myschyef ¶ Pauper I praye the be as besye to forsake thy richesse by ensample of Salomon as thou art to fersake pouerte beggerye For in his prayer in whiche be conteyned moo wordes than thou rehersest he forsoke bothe richesse and beggery But thou doost as many men doon thou alleggest the scrypture as the lyste and applyest it to thy fantasye and leuest behynde what the lyste whiche is ayenst thy fantasye The hole prayer of Salomon is this Mendicitatem et diuicias ne dederis michi Tribue tantum victui meo necessaria Ne forte saciatus illiciar ad negandum et dicam quis est dominus et egestate compulsus furer et periurem nomen dei mei Beggery he sayth and richesse ne gyue thou not to me gyue thou oonly to my lyuelode nedefull thynges Lest perauenture I fulfylled be drawen to denye and saye who is the lorde And throughe nede constreyned stele and forswere the name of my god After the exposycyon of Beda and Lyra in this texte Salomon prayeth to god that he be not so fylled with richesses that he for pryde habondaunce of worldly goodes forgete his god and endeles goodes Also on that other syde that vnpacyence of pouerte compelle hym not to stele neyther to forswere hym In whiche prayer he refuseth noo more pouerte than he dooth habondaūce of richesse But his prayer Indyfferentely beholdeth grete richesse and moche pouerte Also syr saaf thy pacyence thou rehersest the wordes of Salomons prayer with false Englysshe and not conuenyent For he sayd not gyue me neyther richesse ne beggerye as thou saydeste But he sayd gyue me rychesse and beggerye That is to saye gyue me not richesse with nygardshyppe and straytnesse of herte and couetyse whiche make the riche man alwaye to begge and craue For as I sayd Ecclesiastes the .v. ca. The nygarde hath neuer ynough And soo by these wordes he prayeth to god that yf he gyue hym richesse that he sholde gyue hym therwith largenesse of herte and grace to spende them to goddes worshyppe to haue good of his good by his lyfe For as he sayth Ecclesiastes .vi. It is a grete myschyue and a grete vanyte that god gyueth a man richesse and goodes ynoughe what he wyll haue And with that he gyueth hym no power for nygardshyp to haue parte therof but kepeth theym to the straunger whiche shall deuoure all that he getteth with moche care Ayenst this myschyef and beggery of couetyse Salomon made his prayer sayenge to the lorde gyue me not richesse and beggerye togyder For suche nygardshyppe and beggerye maketh riche men to forsake theyr god So it is vnderstonde of beggerye pouerte the cometh of myscouetyse not of pouerte and beggerye that cometh of nede and wantynge of good For the riche man nedeth more to begge bodely than the poore ¶ Diues That is false ¶ Pauper I preue it Dauyd that worthy kynge sayd Ego autem mendicus sum et parper I am sayd he a begger and a poore man where as the glose sayth thus Beggyng is to axe a thynge of an other that he hath not of hym selfe But the riche man nedeth more than the poore for to axe helpe of an other as I shewed here afore Ergo it nedeth hym more for to begge than the poore man ¶ Diues Alle though we axe helpe of other men as vs nedeth all yet we paye theym for theyr trauaylle and for theyr good and therfore it is noo beggerye but a couenaunte makynge payeng byeng and sellynge ¶ Pauper Full ofte ye paye full euyll Thou askeste for the loue of the penye and a poore nedy man axeth for the loue of god Thou profferest men of whome thou axest bodely helpe the penye to theyr nede and god prouffereth hym selfe to mede to theym that helpe poore men ¶ Diues All we be beggers goostly as sayth saynt Austyn for we haue noo good goostly but of goddes gyfte ¶ Pauper Ergo we be all beggers bodely for we haue noo good bodely but of goddes gyfte Caplm .ix. DIues Thy speche is resonable but not moche pleasaunt to many riche folke I praye the what is thy name ¶ Pauper why askest thou ¶ Dues Twenty yere a goo I spake with a man of thyn astate that was full lyke the in speche and persone But he spake of so hygh perfeccyon as thou now begynnest for to doo that vnto this daye I coude neuer atteyne therto And he tolde me the same tale of that yonge man that thou toldest me now ¶ Pauper Of whicht yonge man ¶ Diues Of hȳ that asked Cryste what he sholde do to haue the blysse withouten ende To whome Cryste taught hym that perfeccōn that thou spekest of and yet he dyde it not no more than I doo ¶ Pauper Ther is two maner of perfeccyons of whiche Cryste spake taught that yonge riche man Ther is perfeccyon lesse perfeccōn more The fyrste is nedefull suffycyent The seconde is a passyng holynesse full excellent Of the fyrste god sayth Perfectus eris sine macula Glosa criminali Deu● .xviij. Thou shalt sayth he be perfyte without spotte of dedely synne Of this perfeccyon spake Cryste to that yonge riche man whan he bad hym kepe the cōmaūdementes Of the seconde perfeccōn that is soo excellent he sayd to hym Si vis perfectus esse ● Yf thou wylt be perfyte go and selle all that thou haste and gyue it to the poore folke come and folowe me ¶ Diues The same tale tolde me thy brother twenty yere paste But we spake than moost of the hygh perfeccyon of excellencye I praye the lete vs now speke a whyle of the lesse perfeccyon that
be buryed in crysten buryelles Also in token that he shall quycken ayen ryse vp from deth to lyfe atte daye of dome go vp to heuen for his charyte whiche he had by his lyfe as the encense styed vp by the hete of the fyre And for the same cause is the graue encensed in token that he shall awake ryse from deth to lyfe Also the bodye the graue ben encensed in token that it is pleasaūt to god that holy chirche prayed for hym But this maner of encensynge done to the clergye to the people to the deed bodyes to the graue sholde be done with encense not halowed ne blyssed for it is none offrynge And as touchynge encensynge done in the presence of ymages as it semeth to me it is not done proprely to the ymages but byfore the ymages in dyuerse sygnyfycacyons or tokenynges For whan encensyng is done byfore a paynted ymage that representeth Cryste whiche is very god man It semeth to me y● the encensynge sygnefyed that all deuocōn charytable prayer whiche is bitokened by encense sholde pryncypally stye vp to god whan encensyng is done byfore ony ymage of our lady or of other sayntes it may sygnefye that the prayers of sayntes whiche praye for vs wretches in erthe stye vp by theyr grete charyte vnto the mayeste of god ¶ Diues Syth encensyng is not done to the people by waye of worshyppyng why encense they fyrste the soueraynes more thanne the subgettes ¶ Pauper For in all thyng muste be kepte ordre in doynge And also in token that as they ben pryncypal in state dygnyte so sholde they be pryncypall in deuocyon charyte and gyue other good ensample Caplm .xvi. DIues Why worshyp we god and praye to hym more in the eest than in to the weste southe and northe ¶ Pauper Eest and Weste Southe and Northe and ouer all it is lewfull and medefull to worshyp god as hym that is ouer all lorde of all thynge But for to drawe crysten people to one maner doyng to flee dyfformyte Therfor holy chirche hath ordeyned that men sholde in chirche other places yf it may be well-done worshyp god praye hym prayse hym in the Eest as the lawe sheweth well Distinct xi ecclesiasticarum And that for dyuerse causes Fyrst for Cryste deyed vpon the crosse in to the weste therfor in our prayer we sholde tourne vs in to the eest to see how Cryste for vs henge vpon y● tree for to haue an eye to his passyon worshyp hym that deyed for vs all vpon the tree Also to lette the people to sue the Iewes in maner of worshyppyng For atte goddes ordenaūce they worshyped westwarde in token that theyr lawe theyr maner worshyppynge in theyr cerymonyes sholde soone passe and go downe make an ende as the daye endeth passeth awaye in to the weste And also in token that for ony worshypp or praysynge or for prayer that they dyde yet they sholde go downe to helle tyll the newe lawe came whan Cryste deyed for vs alle And for the same reason Cryst deyed westwarde and in his deyeng sayd Consūmatum est That is to saye It is ended For in his deth the olde testamente ended wente downe as the sonne and the daye gooth downe in the weste And therfore we crysten people worshyp in to the eest by techyng of the holy ghoost in token that our lawe shall sprynge and sprede as the daye comynge as the sonne ryseth spryngeth out of the cest and as all the sterres ben moost bryghtest in the eest and whan they go in to the weste all they begynne to waxe dymme derke so was the olde lawe full dym me and full derke But the newe lawe is open bryght and clere Also we worshyp Cryste moost in the eest for he was moost despysed in the Eest whan he on a good frydaye henge on the crosse tourned in to y● weste whan the Iewes stode byfore hym passed byfore hym with many scornes despytouse wordes with mowes many a Iape they sayd Vach q ● destruis templum dei Tprut for the that destroyed goddes Temple And for he was moost despysed in the eest of the Iewes and hethen people Therfore crysten people worshyppe hym moost agayne in to the eest And for he was moost despysed for vs on y● good frydaye therfore we worshyp hȳ moost on the good frydaye And in this maner as moche as we may we tourne all his despyte in to worshyp of hym Also we worshyp god in y● eest in tokē that righ as the sonne ryseth vp in y● eest so we byleue that Cryst rose vp from deth to lyfe and in that we worshyp hym as hym that rose from deth to lyfe shall lyue without ende Also in token that we longe to come ayen to the blysse of paradyse that we loste in the eest praye god that we may with his mercy come ayen therto ¶ Diues These reasons ben good But why were than the .xxv. men blamed of god for they worshyped eestwarde at the rysyng of the sonne as we fynde Ezechiel .viij. ¶ Pauper Not for that they worshypped god eestwarde For Danyell many other worshypped god eestwarde west south north as he is worthy for to be worshyped ouer all A solis ortu vsque ad occasum laudabile nomē dn̄i From the sonne vp rysyng vnto the goyng downe goddes name is praysable worshyfull But they were blamed for they worshypped the sonne in his rysyng dyde dyuyne worshyppe therto in despyte of goddes Temple of goddes lawe as many fooles yet do now a dayes worshyppynge the sonne in his rysynge y● newe mone in his fyrst shewyng ¶ Diues They worshyp hym that made the sonne the mone ¶ Pauper Yf they do so they do well but I drede they do not all so And as sayth a grete clerke Leo the pope in a sermon for asmoche as it hath a lykenesse of ydolatrye custome of hethen people men sholde absteyne theym therfro For the people is ful moche enclyned to folye to ydolatrye Caplm .xvij. DIues That is soth For these dayes men doo worshyp to the sonne mone sterres y● for to worshyp the sterres the planetes the crafte of astronomye they wyll putte out god of his maysterye out of his kyngdom his lordshyp and out of his fredom make hym more boūde to sterres than euer was ony kynge or ony lorde or ony man vpon erthe They wyll be of goddes pryue coūseyll wyll god or not and rule his domes his dedes his werkes all by theyr wyttes by the course of the planetes in somoche that as they saye ther shall no man ne woman be hole ne seke foule ne fayre riche ne poore wyse ne foole good ne wycked but by the werkyng of the bodyes aboue by theyr wyttes soo that they can telle it afore Ther shall falle no
passe all the londes all realmes persones al erthe al waters all ayre in .xxiiij. houres that is called daye naturally from sonne rysynge to sonne rysyng from none to none And sythen they passen all londes all persones so euenly make noo more dwellynge ouer one londe than ouer an other why sholde they more enclyne one londe than an other or one persone more than an other to vyce or to vertue to warre or to peas ¶ Diues For some constellacyon or some respecte in her passynge falleth vpon one londe more than an other And as folke ben borne vnder dyuerse constellacōns or coniunccōns dyuer se respectes in dyuerse sygnes vnder dyuerse planetes so ben they enclyned in dyuerse maner to dyuerse thynges vyce or vertue warre or peas helthe or sekenesse pouerte or richesse suche other ¶ Pauper Whan the kynges sone is borne in the same tyme in the same constellacōn respecte planete and sygne is the poore bonde mannes sone born and yet haue they not both one inclynacōn ne one dysposycōn For the kynges sone is dysposed by his herytage to be kyng after his fader The poore bonde mannes sone is dysposed by his byrthe to be a bonde man all his lyfe as his faders haue ben byfore hym hondred yeres that no planete myght auoyde theyr bondage ne fro the kynges theyr dygnyte In the same tyme in the same constellacōn vnder the same planete sygne that one childe is borne ben many childern borne yet haue they not all one inclynacōn ne one dysposycōn For some of theym ben enclyned to goodnesse some to wyckednesse some to sekenesse some to helthe some ben full angry some ben not so some be wyse some be fooles some foule some fayre some riche some poore some lyuyng longe some deye full soone Ezau and Iacob had both one fader and one moder Ysaac and Rebecca both were bygoten at ones as sayth saynt Austyn both borne attones and yet were they noo thynge lyke For Iacob was a good man Ezau a shrewe Iacob was loued of god Ezau was hated for his wyckednes Iacob was smoth of bodye with lytyll here Ezau fulle of here as a beest Iacob was a true symple man Ezau a rauenoure and a malycyous shrewe Iacob was peasyble Ezau a faytour or a baratour So thou myght well see that dyuerse inclynacōn of man woman standeth not in the planetes ne in the tyme of the byrthe Caplm .xxi. DIues what ellys may be cause of suche dyuerse inclynacyons ¶ Pauper For Adams synne and orygynall synne there we ben all conceyued in we ben all enclyned to synne And therfore god sayth Gen̄ .viij. That the wytte thought of mannes herte is enclyned to euyll from his youth Sensus et cogitacio cordis humani in malum prona sunt ab adolescencia sua And therfore Salomon sayth Prouerbiorum .xx. That no man may saye I am pure clene without synne Neuertheles all be we not lyke moche enclyned to synne ne to sekenesse but some more some lesse that for many dyuerse causes Some tyme for wycked suffraunce that childern be not chastysed in her youth For Salomon sayth Prouerbiorum .xxix The childe that is suffred to haue his wyll shall shame his moder all his kynne Somtyme for wycked company that they ben in wycked example of theyr elders ylle informacōn Somtyme for mys vse in youth For Salomon sayth Prouer .xxij. That a man in his elde goth not lyghtly fro the waye of his youth ¶ Diues And yet it is a comon ꝓuerbe yonge saynt olde deuyll ¶ Pauper It is a synfull prouerbe to drawe men to synne fro vertue fro god to the fende For holy wryte sayth Bonū est homini cū portauerit iugū dn̄i ab adolescencia sua Tren̄ .iij. It is fulle good sayth he to a man whan he hath borne the yok of our lorde from his youthe And as a poete sayth Quod noua testa capit inueterata sapit Whiche as the potte or the vessell taketh whan it is newe suche it sauoureth whan it is olde And therfore in holy wryte saynt Iohan baptyst Thoby Ieremy Sampson Samuell many other ben praysed for theyr holynesse in theyr youthe For comonly they that ben good loue god in godenesse in her youth they make a full good ende all yf for a tyme they fall in synne ben full veyne God suffreth theym to falle for a tyme for they sholde ellys be to proude of theyr goodnesse haue dysdayne of other synfull wretches Also somtyme one is enclyned more to one synne than a nother for he was conceyued and begoten in more synne than an other al yf he were begoten born in wedlocke for the man the wyf may synne togydre full greuously eyther by mys wyll of theyr bodyes or by intemperaūce yf they passe maner and mesute or yf they comen togydre in vntyme as in the tyme of sekenesse or in holy tyme without drede or reuerence of the tyme ne wyll not spare for the tyme. Neuerthelesse the synne is in the axer and not in the yelder Also they may synne by wycked Intencyon as yf they doo it for a wycked ende or oonly to fulfyll the luste of the flesshe not to flee fornycacyon ne to yelde the dethe of theyr bodye ne to brynge forth childern to the worshyp of god but oonly taken hede of her owne luste Also yf they coueyte childern not to the worshypp of god but for the worlde to be grete to make theyr childern grete in this worlde Also men be enclyned to synne one more than an other by excesse of mete and drynke by myskepynge of his fyue wyttes And for this same causes one is enclyned to bodely sekenesse more than an other For synne oftyme is cause of bodely sekenesse Also by mys dyetynge of the moder whyle she is with childe or by mys dysposycyon of the fader or of the moder or of both whan the childe is begoten or by mys kepynge of the childe in the youthe For childern in youth wyl assaye and handle well nyghe all thyng And so oftyme they ete drynke and receyue inwarde many vnthryfty thynges enuenym herself hurte themself in many wyse that but yf the good angell kepte them not they sholde perysshe Also god smyteth them with seknesse of myschyef Somtyme for the faders synne the moðs for they loue theym to moche wyll go to helle to make them riche and grete in this worlde Somtyme he smyteth them with sekenes to shewe his myght myracle as we fynde in y● gospell of saynt Iohan ix.c Of hym that was born blynde that the myght of god myght be shewed in hym in gyuyng hym syght Other causes ther ben ful many whiche passen mannes wytte for we may not knowe all goddes domes Ne these causes here assygned be not alway general For sōtyme a full good man hath a full
candell lyght is token of rayne And the blewe glowynge of the fyre is a token of the froste but not the cause These and suche other ben tokenes of weder comynge but not the causes For they shewe the dysposycōn of the ayre whether it is dysposed to droughte or to wete And in the same maner the bodyes aboue ben tokenes of weder comynge For by theyr lyght maner of shynynge they shewe the dysposycōn of the ayre wete or drye froste or snowe thondre lyghtnyng wynde suche other And as the lyght in the lanterne sheweth dysposycōn colour of the lanterne yet is not the lyght cause of suche dysposycōn ne of the colour of the lanterne And as the lyght of the sonne or mone sheweth the dysposycōn of the glasse that it passith by whether it be whyte or blake blewe or rede yelowe or grene yet is not the sonne ne the mone cause of the colour Right so they shewe the dysposycyon of the ayre and yet ben they not alwaye cause of suche dysposycyon And therfore the mone in one lunacyon and in the same tyme sheweth in one contree grete tokenyng of rayne soo it falleth and twenty myle thens it sheweth grete tokenynge of drought and so it falleth and yet is it the same mone and the same lunacyon And therfore the cause of that dyuersyte is not in the mone but in the ayre For the ayre in one contree is dysposed to rayne and in the other to drought Also in one contree it sheweth wynde and tempeste and in another contree not soo Some contree is full hote by shynynge of the sonne and some contree is not so hote One daye is full hote and the next daye after is full colde The sonne sheweth his lyght one tyme of the daye and an other tyme of the daye it sheweth not whiche dyuersyte standeth not in the sonne but in the ayre and other causes For the sonne in hymselfe as the clerkes sayen is alwaye atte one and shyneth alwaye all lyke it is neyther hoter ne colder But suche dyuersyte falleth by dyuersyte of the ayre and other dyuerse meanes causes whiche passen mannes wytt Some tyme suche anenture hongre of morayne of tempeste of drought of wete falleth by the ordenaunce of god for mannes synne or for to shewe his myght and his worshyppe Somtyme by werkynge of angellys good or wycked att goddes byddynge Some tyme without meane oonly att his wyll and his byddynge Somtyme by the werkynge of the bodyes aboue atte his byddynge For as I sayd fyrste he may doo with the planetes what he wyll and he may doo without them what he wyll And therfore by the course of the planetes may we not knowe suche aduentures as by-causes but as by tokens For god made theym for to be tokenes to man beest byrde fysshe and other creatures as I sayd fyrste And therfore we sholde take hede to them oonly as to tokenes not to causes Ne dyuyne by hem as by causes for we wote not whan they ben causes of suche thynges ne whan they be none Caplm .xxviij. DIues The mone as the derkes sayen is the cause of flowynge and of the ebbynge of the see for it foloweth the course of the mone ¶ Pauper It may well be so But I wote well that the course of the mone is a token whan that the see shall ebbe and flowe and the see kepeth his tyme of ebbynge and flowynge after the course and the tyme of the mone in one contree sooner and in an other later And yet euery see doth not soo but oonly one parte of the weste see that goth about Brytayne and Irlonde and other londes nygh bycause of tho But in other ferre contrees ne in the Grekes see is no suche ebbynge ne flowynge So it semeth that ther be other causes of that ebbyng and that flowyng than the mone allone But sothe it is that man and beest byrde and fysshe the see and the ayre tree and grasse and all other creatures vse and kepe theyr doynge in kynde and werken in tyme that god hath ordeyned to theym whiche tyme they knowe well by the course of the sonne mone and sterres For as Salomon sayth Ecclesiastes .iij. Alle thyng hath his tyme ordeyned of god by waye of kynde whiche tyme they knowe kepe by the course of the bodyes aboue whiche ben tokenes to them shewynge what tyme they sholde doo theyr kynde that they ben ordeyned to And therfore god sayth by the prophete Ieremye viij The puttoke in the ayre sayth he knoweth his tyme the turtyll and the swalowe kepe the tyme of her cōmyng But the people knowe not the dome of our lorde god For now a dayes men take none hede to goddes domes but to the domes of astronomers and to the course of the planetes The kynde of euery creature is ordeyned by the dome of god what tyme he shall doo his kynde whiche tyme they knowe and fele by the course of the bodyes aboue For as sayth the phylosophre the bodyes here aboue mesure all thynges here bynethe as anentes tyme. And therfore sayth Dauyd That by nyght whan the sonne is downe than in derkenesse begynne bestes of raueyn to walke seke theyr pray theyr mete whan the sonne ryseth they go ayen to her dennes hyde theym than goo men out to werke tyll it be nyght not that the sonne ne the mone cause hem to do so but only the lawe of kynde ordeyned of god techeth hem so to do to kepe theyr kyndly tyme. In the dawynge spryngyng of the daye byrdes begȳne to synge floures to sprede sprynge that by nyght were full close Man byrde beste begynne to gladde for Ioye of the lyght for the tyme of theyr myrthe of theyr kyndly werkyng cometh ayen by the presence of the sonne whiche serueth theym pryncypally of lyght of tyme. The sonne ruleth them not proprely to speke but kynde ruleth them in tyme by the course of the sonne by the course of the bodyes aboue We fynde in holy wryte Gen̄ .i. That the erthe at the byddynge of god brought forth trees grasse and herbes Trees and herbes brought forth theyr fruyte eche in theyr owne kynde The thyrde daye er god made sonne mone and sterres And badde the erthe gaue it vertue nature to bryng forth grasse fruyte of many dyuerse kynde He gaue not the sonne ne the mone ne sterres that nature He made theym the fourthe daye to shyne to be in tokenes of tyme to all creatures here bynethe in erthe God gaue grasse trees herbes dyuerse vertues wonderfull nature to bud brynge forth leues fayre grene in dyuerse fourme floures fayre blossomes bryghte of dyuerse shappe of dyuerse colours that noo man by crafte can deuyse Also he gaue them nature to brynge forth fruyt fayre fyne some in the wynter some in the somer Some he ordeyned in tyme to lese
Diues What yf a man make a vowe oonly vnder condycōn ¶ Pauper Yf the condycōn falle or be he is bounde ellys not And yf a man bynde hym by dyuerse causes yf ther one falle he is bounden though the other fallen not As yf I made ony auowe for to go to saynt Iames in hope to fynde there my brother also to haue redempcōn of my synnes though I wyste afterwarde certaynly the I sholde not fynde my brother there yet I were boūde to go thyder for y● other cause ¶ Diues For how many causes is a man or woman vnboūde from his auowe ¶ Pauper For four causes Fyrste yf the pryncypall cause of his auowe makynge fayle As yf a man make auowe to faste all that satyrdayes to haue helth of his childe yf the childe amende not he is not boūde therto Also yf it be made vnder condycyon that is not ne falleth not Also yf his souerayne vnbynde hym therof Also yf he haue no power for to kepe it ¶ Diues Than yf a mayden make an auowe to lyue in maydenhode all her lyfe durynge yf she be corrupte lese her maydēhode she is vnboūde from her auowe for she can no lenger lyue in maydenhode ¶ Pauper All yf she can no lenger lyue in maydenhode yet she is boūde to contynence all her lyfe to kepe her auowe in as moche as she may And so it is of other auowes that men may not all do for they ben boūde to do all that they may do Moreouer ye shall vnderstonde that some auowe is of nede as the auowe that we make in bapty me for to forsake the fende to kepe the fayth of holy chirche And other auowes of free wyll as whan a man byndeth hym frely to do a good dede without whiche he may be saued as fastynge contynence pylgremage Two thynges be nedefull in chaungynge of auowe Rightfull cause auctoryte of the souerayns In dyspen sacyon of the auowe of abstynence or suche other it muste be taken hede to the richesses or to the pouerte of y● persone For a poore man in caas ought to haue as moche dyspensacōn for a peny or for right nought as a grete lorde for an hondred marke Some condycōns ben vnderstonden in auowes though a man saye them not as I shall do yf I lyue and yf god wyll Other condicōns ben more specyal as I shal vysyte saynt Thomas yf I go in to kent By bothe maners of these condicōns yf they fayle man in excused of his auowe yf it stande all in that condycōn The husbonde may not entre in to relygyon but his wyfe make fyrste auowe of perpetuell cōtynence Neyther the wyfe ne the husbonde may make auowe of cōtynence without others assente Solempne auowe of cōtynence letteth matrymony to do or to be done Yf it be not solempne yf the persone wedde that matrymony holdeth He muste paye the dette of his bodye to his wyfe but he may not axe it of her Solempne auowe is made by takynge of holy ordre or by entre in to relygyon Though a man or woman breke his faste bycause of sekenesse he breketh not his abstynēce Extra li.v. de regulis iuris qd non est licitū Caplm .xvi. DIues What yf a man or woman swere a thynge in hastynesse whiche othe they wolde not haue sworen yf they had auysed theym ¶ Pauper Yf theyr othe be a meane to kepe the better goddes cōmaundement to flee therby more synne loue god the more they be boūde to kepe this othe and not ellys ¶ Diues Yf childern swere to doo a thyng leful whyle they be within age may theyr fader moder reuoke that othe ¶ Pauper Fader and moder and his tutour may reuoke the childerens othes theyr vowes as soone as they knowe therof And so may the husbonde of his wyfe and she is boūde to obeye his reuocacōn But yf they go forth whan they wote therof reuoke it not at the begynnynge afterwarde they may not by the lawe reuoke it ne the fader the childes othe ne the vowe ¶ Diues I suppose they reuoke it afterwarde ¶ Pauper Bothe the wyfe to the husbonde and the childe to the fader whyle he is within age ought to obeye Auyse hym of the peryll that so reuoketh Caplm .xvij. DIues whether is periury more synne or manslaughter ¶ Pauper Periury is more For as saynt Poule sayth ad Hebr .vi. Men sholde swere by theyr better and theyr gretter of euery contrauersy that is to saye of euery cause that is in debate to conferme the true parte the laste ende is an othe For euery suche cause is termyned ended by an othe And sythen it is so that the cause of manslaughter of euery open synne touchynge mannes dome muste be termyned by an othe Periurye muste be taken for a passynge synne and soo it is For who soo forswereth hym wyttyngly he forsaketh his god therfore periury is the gretest synne of all synnes next ydolatrye for it is ayenst the seconde cōmaundement inmedyatly ayenst god in despyte forsakyng of god But manslaughter is inmedyatly ayenst man And though man with manslaughter greued god full sore yet he forsaketh not god ne despyseth hȳ ne dyshonoureth hym so moche as he doth by periury And as that phylosophre sayth In princi ● meta ● Amonges hethen men othe hath euer be worshypfull For euery secte Iewe Sarasyn Paynym fleeth to swere falsely by his goddes name as moost inconuenyent yf māslaughter were more synne than periury it were but a folye to trye the cause of manslaughter by an othe For it is semely that he that was not aferde to do the grete synne of manslaughter sholde lytyll drede to falle in that synne of periury yf it were lesse And thus sayth saynt Thomas in qōe d qðlibe et Io. in sū li.i ti q̄ .xxiiij. vtrum ¶ Diues Yf all men charged periury and false othes as thou dost many man had ben hanged drawen and slayne in otherwyse that yet lyue fare wel It is full harde so lyghtly to slee a man with a worde whan his lyfe may be saued with a worde for a man costeth full moche or he come to be a man ¶ Pauper Therfore men sholde besyly flee periurye and false othes For ther is no thynge that causeth so moche manslaughter and shedynge of blood as periury doth ¶ Diues She we me that I praye the yf thou can ¶ Pauper Salomon sayth Eccle .x. The kyngdome is fletted and chaūged fro nacyon to nacyon for wronges vnrightfulnes and despytes done to goddes name in dyuerse gyles But periury is cause of all false domes and wronges and of all vnright fulnesse cause of gyle and of treason and of grete dyspytes that ben done to god and man For as I sayd fyrste Euery cause muste be ended by wytnesses or by questes the whiche ben sworen to saye treuth and also by
a Iuge whiche is sworen to god and to the kyng for to deme rightful domes And yf they that ben charged for to saye the treuth gyue none answere to forswere them and to lye they shall dysceyue the Iuge and do hym gyue a false dome Suche periurers robbe men of theyr good dyshereted moche folke They saue stronge theues slee true men Suche robbe folke of theyr good name suche ben false to god to the kyng to prelates of holy chirche Suche ben cause that this londe is in poynte to be loste to be chaūged to an other nacyon in to a newe tongue And that may not be without shedynge of moche blood manslaughter And so periury is cause of moche manslaughter Also periurye is cause that we haue soo many theues and manquellers in this londe for they hope alwaye to be saued by periury and falshode of questmongers that for a lytyl good wyll forswere them And therfore in hope of periury they ben so bolde in theyr synne to robbe slee brenne for though they ben taken yet they hope to scape by periury And yf they were syker that ther wolde no man ne womā forswere hȳ to saue them they wolde neuer be soo bolde to synne all other sholde be y● more aferde to synne yf they wyste wel that true dome sholde passe with out periury Suche synfull wretches as the ꝓphete Ysaye sayth .xxiij. they haue put theyr hope all in lesynges in ꝓiury by lesynges falshode periury ben they mayntened not chasty sed Also it is a synne ayenst kynde to saue a theef in dyspyte of god whose name they forswere ayenst his cōmaūdement For he byddeth that ther sholde no man take his name in vayne Also he sayth Non suscipies vocem mendacij nec iunges manū vt ꝓ impio dicas falsū testimoniū Exo .xxiij. Thou shalte not take the voyce of lesynges ne Ioyne thyn honde in makynge of couenaunt to bere ony false wytnesse for the wycked man to saue them Maleficos nō pacieris viuere Exodi .xxij. Thou shalte not suffre wytches and open malefactours neyther felones a lyue but slee theym in chastysynge of other Slee one saue many one Also this is a synne ayenst kynde ouer grete folye a man to slee his owne soule without ende to saue a theef that neuer wolde doo hym a good tourne but alwaye redy to robbe hȳ perauenture to slee hȳ whan he may It is a grete folye to offende god by periury to plese a theef a manqueller that offendeth god al the contree Suche ben lyke the Iewes that saued Barrabam y● stronge theef manqueller slewe swete Ihesu souerayne treuth that neuer dyde amys And as holy doctours tellen that a man sholde rather suffre the moost dyspytous deth of bodye than he sholde for swere him or do ony dedely synne Moche more he sholde not forswere hym ne do no dedely synne to saue a theues lyfe that god londes lawe cōmaūde to slee It felle late in this londe that a Scotte appeled an Englysshe man of hygh treason whan he sholde fyghte byfore a Iuge in theyr cause the Iuge as the maner is put them both to theyr othe whan the Scotte sholde swere he sayd to the Iuge Lorde I came not hyder to swere I cam to fyght for my chalenge was to fyght therto I am redy but swere wyll I not for I made no chalenge to swere The Iuge sayd that but yf he wolde swere that his appele was true ellys he sholde be taken as a cōuycte and a taynt traytour and be hanged drawen without fyghtynge And so he was for he wolde not swere wyttynge wel that his appele was false and made only for malyce as he knowleched er ●e deyed This man myght haue sworen and happely haue hadde the better of his aduersarye and escaped the deth with grete worshypp in this worlde But yet he had leuer to deye dyspytefully than for to do dyspyte to goddes name to swere false therby leuer to deye bodely than to do that periury to god slee his owne soule For he helde it as it is a gretter synne than manslaughter And though he wolde auenge hȳ on man for rancour of herte yet on god he wolde not venge hym by periury And so god saued them both fro periury māslaughter gaue them grace to dey in charyte make amendes to god man Caplm .xviij. DIues Sythen periury is so grete a synne What payne is ordeyned therto by the lawe ¶ Pauper As the lawe sayth .xxij. q̄ .i. p̄dicandū Asmoche penaūce sholde be enioyned for periury as for manslaughter auoutry And they sholde neuer more be taken to swere or to bere wytnesse in ony dome but shall be forsaken in euery dome as taynt false alwaye suspecte of falhode And by londes lawes in many contrees yf they be taynt forsworē byfore a Iuge they sholde be dyshereted for euer theyr houses be drawen downe theyr wodes hewen downe theyr trees also mānes hyght aboue y● groūde the stockes stonde stylle to endeles repreef of theym of al theyr kynrede For ther is no synne so noyous to a royalme to euery comunyte as periury is for that is cause that ther may no synne be punysshed ne malefactours ne felones chastysed ne wronges redressed Men of holy chirche sholde be degraded and lewde people accursed .xi. q̄ .i. Conspiracionū et c. ● Coniuracionū Al other synnes whan they haue done penaūce for theyr fynne and ben amended they ben by the lawe restored ayen to theyr same so y● they may bere wytnesses in dome theyr othe ought to be resceyued But periurers that ben taynt shall neuer be restored to theyr fame ne be taken for wytnesse ne his othe accepted in noo dome As sayth Hosti li.ij Ru. de testibus Si ●s possit d. excipit et ● hoc idē Et extra li .ij. d testibus c. ● ex ꝑte et .vi. q̄ i. Quicūque And yf he be taynt forsworen byfore a Iuge he is not able to be ony prelate eyther in holy chirche or in the secularyte neyther kyng ne bysshop abbot ne pryour prynce ne duke or ony pryncypate of worshyppe ¶ Diues Why is periurye so harde punysshed by the lawe ¶ Pauper For the synne is ouer greuous ouer moche haūted and for it is moost openly ayenst the substaūce of treuth and wytnesse and moost maynteneth falshode and letteth moost treuth and rightwysnesse As sayth the same clerke Hostyensis in the same place Suche periurers may saye that is wryten Ysaye .lix. Concepimus et locuti sumus de corde verba mendacij ● We haue conceyued false contryuynges and we haue spoken of herte wordes and lesynges And therfore rightfull dome is tourned bacwarde and rightfulnesse stode from ferre He durste not putte forth his hede and treuth felle downe openly in the strete He was borne downe
began to fyght ayenst the cyte anone they cam out shewed her charter of peas And how that Iosue the prynces of goddes people also hadde sworen to theym to saue theyr lyues the people wolde haue slayne theym bycause of theyr gyle Than Iosue and the prynces sayden to the people We may not slee them for we haue sworen to theym in the name of our lorde And yf we forswere vs god shal take vengeaunce of vs. ¶ Diues I trowe that clerkes now a dayes wolde saye that they were not bounde to kepe that othe sythen they gate that othe of theym with soo grete begyle ¶ Pauper Yf they auysed them wel they wolde saye as Iosue sayd For as I fyrst sayd a man ought to kepe his othe yf it be lefull though he made it for drede of deth For euery othe leful ought to be kepte though it be neuer so moche ayenst herte and that sheweth god well afterwarde For as we fynde the seconde boke of the kynges xxi Thre hondred yere after Saull kyng of goddes people slewe all the Gabaonytes y● he myght fynde to plese his people whiche hated alwaye y● Gabaonites for theyr gyle God was dyspleased with y● dede lete y● kyng Saull soone after slayne in batayll all his housholde moche of goddes people After in tyme of Dauyd that reygned next after Saull Ther felle suche an hongre in the londe of Israell thre yere togydre y● moche of goddes people perysshed Dauyd axed of god what the cause was of y● hongre God sayd that the deth of the Gabaonytes whiche Saull had slayne y● was cause therof Dauyd sente after the Gabaonytes that were lefte and sayd to them I knowe well that for you sake this hongre myschyef is fallen in my realme Axe ye amendes what ye wyll and I shall do it Than they sayd we axe neyther golde ne syluer ne no mannes deth of Israell but oonly vengeaunce on Saull and his kynrede that soo wyckedly oppressed vs and destroyed vs. We axe that euery man of his kynred be slayne and that none be lefte of his kynrede Dauyd myght not graunte that axynge for that othe that he hadde made to Ionatas the sone of Saull to saue his kynrede Than they axed seuen men only of the kynrede of Saull to hange them on y● gebettes ayenst the sonne so to slee them dyspyteously in punysshynge of the spyte y● Saull had do to goddes holy name in y● he dyde ayenst the solempne couenaūtes y● his predecessours had made confermed swerynge by goddes holy name for in that Saull toke that othe goddes holy name in vayne As sayth the maystre of the storyes Whan this was done the hongre cessed anone began rayne plente of corne fruyte ¶ Diues This ensample is full good sheweth well that euery othelefull made sholde be kepte And that euery man woman sholde flee to do dyshonour or spyte to goddes holy name Also it sheweth well y● periury dyspysynge of goddes holy name is cause of shedynge of blood of hongre of myschyef and that god wyl not suffre that his holy name be dyspysed ne taken in vayne ¶ Pauper Therfore god sayth that euery man woman that so taketh his holy nama in vayne I shall doo to the as thou haste doo thy swerynge in dyspyte of me chargest not to breke couenaūt therfore thou shalte bere thy synne haue dyspyte therfore Eze .xvi. Also he sayth thus by the prophete Yf ye wyll not here ne sette in your herte to gyue worshypp to my name I shall sende to you hongre and nede and myschyef And I shall curse your blessynges and take your myght from you that ye shall not witstande Malachye .ij. ● ¶ Here endeth the seconde cōmaundement and begynneth the thyrde Caplm primū DIues I thanke the moche For now knowe I better than I dyde byfore how the seconde cōmaūdement sholde be kepte and what peryll it is to take goddes name in vayne Now I praye the enfourme me in the thyrde cōmaundement ¶ Pauper In the thyrde cōmaūdement god byddeth that thou sholdest bethynke the haue well in mynde to halowe thyn holydaye Sixe dayes thou shalte werke do all thyn owne werkes In the .vij. daye in the sabbot that is to saye reste of thy lorde god In that daye thou shalt doo no seruyle werke neyther thou ne thy sone thy doughter ne thy seruaunte man ne woman ne thy beest ne the straūgers that ben within thy yates ¶ Diues Why badde god that the .vij. daye sholde more be halowed than the .vi. daye ¶ Pauper For as god sayth there In .vi. dayes he made heuen and erthe and the see and all thynge that is therin And in the .vij. daye he rested and cessed of his werkes and therfore he blessyd that daye and halowed it and ordeyned that in that daye man and beest sholde reste and that man that daye in a specyaall sholde thanke god for all the creatures that he made byfore in the .vi. dayes he made them to helpe and seruyce and solace of man ¶ Diues Why sayth holy wryte that god rested than the .vij. daye in soo moche as that he neuer trauaylled For as saynt Austyn sayth he made all thynges without trauayll and as holy wryte sheweth Genesis pri ● He sayd but this one shorte worde Fiat and badde that it sholde be done anone it was done as he wolde haue it ¶ Pauper Whan holy wrytte sayth that god rested the .vij. daye he vnderstandeth therby that in the .vij. daye he cessed for to make newe creatures for euery thynge was made by fore in the .vi. dayes eyther in y● thynge hymselfe as angell lyght sonne mone and sterres eyther in his kynde and in his symplytude as man beest fysshe foule and grasse and trees eyther in his causes as thynge gendred of corrupcōn and thynges made by crafte For god in his godhede was neuer in trauayll but alwaye in blysfull reste without ende And therfore holy wrytte sayth not that he rested after his werke ne in his werke but that he rested from euery werke that he had made for he had no trauayll for ony werke he was not holpen by his werke for he made no thynge for nede but al for loue ¶ Diues Yet contra te Cryste sayth in the gospell Io. Pater meus vsque mode operat et ego operor My fader werketh vnto this tyme I werke also Therfore it semeth that god cessed not the vij daye from euery werke ¶ Pauper Two maner of werkes longen to god creacyon and gouernaunce From the werke of creacyon he cessed the .vij. daye and than prycypally he began the werke of gouernaunce and of kepynge the whiche werke he contynueth and shall contynue without ende And of this werke of gouernaunce speketh Cryste the wordes in the gospell but not of the wordes of creacyon ¶ Diues Ben ther ony mo causes why god badde
the .vij. daye be halowed ¶ Pauper Ther ben as clerkes tallen .vi. causes Fyrste for that god the .vij. daye rested that is to saye he cessed fro creacyon of newe creatures Also in tokenynge that god in the .vij. daye delyuered y● childern of Israell from the harde seruage of Egypte ledde them thrugh the rede see drye fote in to the reste of the londe of byheste As we rede in holy wryte Deut .v. Whiche delyueraūce was a token that mankynde sholde thrughe Crystus passyon by his blood that he shedde vpon the rode be delyuered out of the fendes seruage and come to the endelesse reste of the londe of lyfe The .iij. cause is that men sholde the daye pryncypally gyue them to holy medytacyon to thanke god of all his gyftes and his benefyces and to lerne goddes lawe to prayse god The .iiij. cause was for to be a token that Cryste the .vij. daye sholde reste in his graue after that he had trauayled .vi. dayes to refourme ayen mankynde that was lorne thrughe Adams synne The .v. cause was to be a token y● we must al cesse from vyces the .vij. dedely synnes yf we wyl be saued As the ꝓphete sayth Quiescite agere peruerse discite bene agere Ysaye .i. Reste ye to do amys lerne ye to do well The .vi. cause is to be a token of the endelesse reste that we shall haue from synne payne in the blysse of heuen for the good werkes that we doo in the .vi. dayes of our lyfe that is to saye al the dayes of our lyf the .vi. age of our lyfe for fulfyl lynge the .vi. dedes of mercy whiche Cryste nameth in the gospell For as we rede in the apocalyps .xiiij. The holy ghoost to whom this cōmaūdement is applyed sayth that men after this lyf sholde rest fro theyr traueyles for theyr good werkes folowe them Caplm .ij. DIues Sythen that god badde that the .vij. daye sholde be halowed why kepe we the viij daye than that is the sondaye and not the .vij. daye ¶ Pauper God in the olde lawe gaaf thre maner of cōmaūdementes For some were cerymonyall some Iudycyall some morall The cerymonyalles were but fygures shadowes of thynges that were to come And therfore whan tho thynges were fulfylled that the cerymonyalles betokened the cerymonyales cessed vanysshed awaye as the shadowe vanysshed awaye by lyght of the sonne Iudycyall cōmaūdementes were in punysshynge of synne and Iustyfyeng of whiche some cessed some dwelle yet stylle But morall cōmaūdementes techeth vs to loue our god our euen crysten to flee synne to loue vertues tho laste alwaye as the .x. cōmaūdementes suche other And for asmoche as this cōmaundement is cerymonyal in parte as anentes the tyme in parte it is moral in asmoche as it techeth vs to worshyp our god to reste from vyces Therfore in as moche as it is morall it is kept but in y● y● it is cerymonynal it is chaūged in to sondaye as for the better for that y● it fygured betokened is fulfylled That was the reste of Cryste in the sepulcre in the .vij. daye after the grete trauayll that he had .vi. dayes byfore in reformacyon and redempcyon of mankynde Also we be all boūden to worshyp god now in the newe lawe but not in that maner ne in that tyme that they were boūden in the olde lawe ¶ Diues Why is it more chaunged in the sondaye than in to an other daye ¶ Pauper For the grete benefyces and the grete worshypfull wondres that god shewed that daye to mankynde For on the sondaye the worlde began and lyght angellys kynde was made That daye god sente downe māna that is angellys mete to the childern of Israell in deserte fedde them also .xl. yere That daye god gaaf Moyses the lawe in the moūt Synay That daye Cryste was borne of the mayden Mary to saue mākynde That daye Cryst rose from deth to lyfe gyuyng vs example hope to ryse from deth to lyf That daye the holy goost lyghted in Crystus apostles and his dyscyples That daye god shall come to dome as sayth a grete clerke dockynge suꝑ Deutro ● And also that daye was the fyrste daye shal be the laste daye that neuer shall haue ende But it shall be a daye of endelesse blysse to theym that shall be saued For right as Cryste rose vp from deth to lyfe on the sondaye neuer deyed afterward ne neuer shal deye So shal we all in the laste sondaye y● shal be y● laste day ryse vp from deth to lyf neuer deye after but lyue in blysse without ende yf we make here a good ende This daye is soo worshypfull y● no bysshop may be sacred but on the sondaye as Raymūde sayth li.i.ti. de ferijs And right as y● satyrdaye was halowed in the olde lawe for the reste y● god made in the satyrdaye after y● creacōn the werkes that he made in the fyrste vi dayes so holy chirche thrugh techynge of the holy ghoost hath ordeyned the sondaye to be halowed for the reste that mankynde shal take after the .vi. ages of this worlde on y● sondaye whiche reste sabbot shall neuer haue ende Theyr sabbot that was on the satyrdaye tourneth alwaye ayen to trauayll but our sabbot y● is in the sondaye atte laste shal tourne in to endelesse reste Ioye blysse Sabbot in hebrewe is reste in englysshe And euery daye in the weke is called sabbot ferir y● is reste in englysshe For euery daye we be boūde to ferie to rest frō synne Also all the weke is called sabbot as there Ie●unio bis in sabbato And Math vlti ● The sondaye is called the fyrste daye of the sabbottes as there Vna sabbatorum and Math vlti ● it is sayd Prima sabbati For it is fyrste not oonly in ordre of dayes but it is also fyrste in dygnyte For y● sabbot the reste in the solempnyte of the satyrdaye of the olde lawe is now chaūged in to y● sondaye for synne of y● Iewes whiche slewe Cryste on good frydaye so put our lady saynt Mary all holy chirche in sorowe care grete trauayll both frydaye satyrdaye whyle Cryste laye in his graue But for asmoche as he rose frō deth to lyf on the sondaye apperyd to his mod to his dyscyples .vij. tymes y● daye soo on the sondaye began the fyrste Ioye blysse reste of the newe lawe Therfore by goddes rightfull dome the Iewes sabbot on the satyrdaye torned them to sorowe care and moche trauayll our sondaye torned vs in to grete reste and Ioye blysse And as the satyrdaye was halowed by the olde lawe for god graūted that daye fyrste reste to all mankynde after his dampnacyon to perpetuell trauayll for Adams synne So is now the sondaye halowed for than Cryste graūted fyrste reste Ioye blysse to mankynde in the newe lawe
thynge became subgette to Mary his moder to Ioseph his keper geuynge vs all ensample to obeye and to be buxum and meke to fader moder And Saloman sayth Audi fili mi disciplinā patris tui My dere sone here the lore of thy fader and forsake not the lawe of thy moder than thou shalt haue grace and worshyppe Prouer .i. And as he sayth in an other place He is a fool that scorneth his faders lore And he that kepeth his faders vndernamynge shall be the more wyse and the more slye Prouer .xv. Also we muste worshyp fader and moder with good lyuynge For as Salomon sayth Dolor patris filius stultus The childe a fooll is sorow and shame of his fader Confusio patris defilio indisciplinato Of the sone that is euyll taught cometh shame shen shpy of the fader and his doughter a fooll euyll taught shal lese his worshyp and the wyse doughter shall be good herytage to her husbonde to saue hym And the doughter y● shendeth her husbonde is in grete despyte and shame of her fader that begate her Eccl .xxij. The wyse sone glaodeth his fader The sone that is a fooll in lyuyage is his moders sorowe Prouer x. Ira patris filius stultꝰ et dolor matris q̄ genuit eum Prouer .xvij. The fooll childe is wrathe tene of his fader and sorowe of his moder that begate hym Caplm .x. ANd therfore Salomon sayth Virga et correpcio ●ribuūt sapiencia puer autē qui dimittitur voluntati sue confundit matrē suā Prouer .xxix. That is to saye the yerde vndernemynge gyuen wytte wysdome to the childe and that childe that is leten haue his wyll in his youth shendeth his moder and al his kynrede Ensample we haue in the fyrste booke of kynges of Hely that was hyghest bysshop preest of goddes lawe and of his sones Ophny and Phynees That for theyr fader vndername theym not ne chastysed them of theyr wycked tatches for the childerns synne and for his mys suffraūce god toke from hym his dygnyte from all his kynrede for euer slewe his childern nyghe all his kynrede in batayll And so the wycked taches of his childrē vnworshypped hym all his kynrede for euer brought them to endlesse shame And his mys suffrasice was cause of theyr deth of his shenshyp and shame to all her kynrede The synne of his childern was pryde letchery lusty fare glutonye sleuth retchelesnes in goddes seruy●e in goddes lawe And therfor good frendes and good childern I praye you all that ye be buxam meke to fader moder and worshyp them not onely with reuerence doynge in dede and speche but pryncypally with your good lyuynge your good berynge For that is the moost worshyppe that ye may do to them the moost velonye yf ye doo amys And do ye so that your faders moders your kynrede may haue Iope of you than shal ye haue Ioye of your childern For the wyse man sayth Qui honorat patrē suū iocūda bit in filijs suis Eccl .iij. He that woe shyppeth his fader shall haue Ioye of his childern And who so worshyppeth not his fader and moder in this maner bat dothe them wrath tene by his myslyuynge euyll taches he is a cursed of god Maledictus qui nō honorat patre suum et matrē suam Deutro .xxvij. A cursed be that childe sayth he that worshyppeth not his fader and moder with his good lyuynge but vnworshyppeth them with his myslyuynge For all the myscheuys of the childe tourne to velonye shame to fader and moder And all the goodnesse and al the good b●rynge of the childe tourne to grete worshyp of fader and moder of all the kynr●de A grete worshyp it is to fader and moder whan men blesse theym and prayse theym for goodnesse of theyr childern saye blessyd be the fader y● the childe begate blessyd be the mod that hym bare Therfore sayth the wyse man that god worshyppeth the fader in his childeren whan he seeth theym good childern Eccl .iij. It is grete vylonye to fader moder whan men curse theym deprayue theym for wyckednesse of theyr childeren And therfore the wyle man sayth Non iocunderis in filijs impijs Haue thou noo Iope ne lykynge in thy childern yf they be shrewes and drede not god It is better sayth he to haue one good childe than a thousāde childern shrewes better to dye without than to leue after them shrewed childern Eccl .xvi. For as he sayth Sapiencie .iiij. All the childern that come of wycked folke shall be wytnesses of wyckednesse ayenst theyr fader and moder whan they shall be chalenged of theyr wyckednesse at the dome For the fader the moder shall answere than for theyr owne wyckednesse and for theyr childerns wyckedne s se But the wyse man sayth Yf thou haue childern teche theym well and bowe them make theym symple and meke in theyr youth Yf thou haue doughters kepe well theyr bodyes and honestly but shewe them no gladde chere be not to homely with them Eccl .vij. Whyle a trce is a smalle sprynge it maye be bowed as men wyll haue it But whan it is full woxen it wyll not be bowed So may the childe in the youth with a lytyll twygge be chastysed and made lowe and meke But whan he is woxen and roted in pryde in mysuse of lyuynge it is full harde to lowe hym or to amende hym And therfor the wyse man sayth Qui parcit virge odit fil●ū qui diligit iliū instanter erudit Prouer .xiij. He that spareth the yerde hateth his sone and he that loued his sone techeth hym and chastyseth hym besyly Ensample we haue in kynde of the egle whiche of all foules may see ferthest and is myghtyest in syght in soo moche that he may see loke ayenst y● sonne whan it shyneth moost bryghtest without blemysshynge of the eye And whan she hath bryddes they be ful woxen she doth hem loke ayenst the sonne tho that loke well ayenst the sonne without blemysshynge of the eye them she loueth cheryssheth And them that wyl not ne may not loke ayenst the sonne or blemysshe theyr eye in so kynge ayenst the sonne she beteth them and bylleth them And but yf they amende them she casteth them out of the neste putteth theym out of her companye as for none of her bryddes Thus sholde faders and moders teche theyr childern to haue thereyr vp to god y● is the sonne of ryghtwysnesse take hede to goddes lawe by ensample of Tobye whiche sayd to his sone All the dayes of thy lyfe haue thou god in mynde and beware that thou assente to no synne ne leue not goddes commaundemente Tobie .iiij. And therfore Salomon sayth Eccl .vi. That the wycked man that loketh not vp to the sonne of ryghtwysnesse is so blent
theym the soche warne theym of ther harme Caplm .v. DIues That many a good woman is deceyued destroy de by flaterynge men knowe well But that flaterynge destroyed cytees lordes houses nacōns dy●per pled them from nacyon to nacyon I see not but I praye the telle some ensample ¶ Paup As we fynde in the fourth boke of kynges the boke of Ieremye For the childern of Israell wolde not here y● wordes of Ieremye of other true prophetes ne do there after but had lykynge in flaterynge of false ꝓphet whiche behyght them welth prosperyte for to plese the people therfore was the cyte of Ierusalē destroyed nyghe all the cytees and castellys of the londe The kynge sedechye was taken his childern slayne byfore hym and after his eyen were put out All the lordes the gentyles of the londe eyther they were slayne or ellys ledde prysoners in to Babyloyn The people was slayne with honger moreyn and swerde And all tho that were lefte a lyue after that the cyte of Ierusalē was taken were dysparpled in dyuerse nacyons slayne in dyuerse maner for they trusted alwaye in flaterynge of false prophetes and sloughe Ieremye other good prophetes that sayd them the truthe and wolde haue saued them And I dare saye that flaterynge of false prophetes precho●rs and of other spekers that blynde the people with plesaunt lesynges ne wyll not vndo to them ther wyckednesse is pryncypall cause of destruccōn of many realmes londes people cytees vnto this daye as we myght see at eye yf flaterynge and lesynges blent vs not ¶ Diues Men preche these dayes ful wel ayenste synne ¶ Pauper Some do so but ayenst the grete synne that all the londe is entryked in all crystendome knoweth is open cause of our myscheef ayenst that no man precheth but nyghe al be about to maynten it ¶ Diues Whiche synne is that ¶ Pauper Often haue I tolde the but y● byleuest me not Go ouer the see there men shall telle it the yf y● axe We fynde in the thyrde boke of kynges that the kynge of Israell whos name was Achab was styred to besyege the cyte of Ramathygalaad so begynne warre ayenst the kyng of Syrye this Achab sent after iiij hondred false flaterynge ꝓphetes of his londe whiche were wont to plese hym to flater hym axed them counseyll how he sholde spede They flatered hym all bad hym go and fyght and sayd that he sholde spede ryght well take the cyte and destroye all the londe of Syrye Than at the counseyll of Iosephat the kynge of Iuda that was come to helpe hym he sent for Michee goddes ꝓphete to knowe what he wolde saye And as he came towardes y● kyng the messangere sayd to Michee the prophete All other ꝓphetes with one mouth telle our lorde the kynge good tydynges saye that he shall spede ryght well I praye the saye as they saye Than the prophete answered what my lorde god sayth to me that shall I speke to our lorde the kynge And whan he came byfore the kynge he sayd to the kynge Achab. I sawe by vyson all the people of Israel dysspar●led in y● hylles scatered aboue as shepe without a shepeherde Anon the kynge was wroth sayd that he tolde hȳ neuer good ne welth Than the prophete sayd Here the worde of god I sawe our lorde god syttynge on his sete and all the oost of heuen standynge besydes hym on the ryght syde on the lyfte syde Than sayd our lorde god Who shal desceyue Achab kynge of Israell to do hym goo fyght in Ramath●galaad fall in fyght Anone a wycked spyryte stode forth sayd I shall desceyue hym Than our lorde axed hym how he sholde desceyue hym I shall sayd he go out be aspryte lyer in the mouth of all his false prophetes Than our lorde god sayd Thou shalt desceyue hym thou shalt haue the maystrye of hym Go forth do as thou haste sayd Than the kyng was more wrothe and cōmaunyed hym to prysone The kynge lefte the counseyll of the prophete Michee folowed the counseyll of his false prophetes and went to batayle was slayne and his people dyscounfyted ¶ Diues Dauyd speketh moche in his boke of the gylous tonge that is called in latyn lin gua dolosa ¶ Pauper The gylous tonge is the flaterynge tonge For comonly euery gy●e in speche is medled with flaterynge In gylous speche be two thynges sleyght flaterynge And therfor gylous speche is lykened to an anglynge of fysshe For in the anglynge be two thynges the hoke the mete on the hoke The hoke is the sleyght in speche the mete on the hoke is flaterynge that draweth man and woman on to the deuylles hoke Thus Adam Eue were dysceyued with y● fendes speche for slyly he axed Eue why god bad that they sholde not ete of euery tree in paradyse And whan he sawe her vnstable doubtynge he put therto y● mete of flaterynge sayd that they sholde not deye but be as goddes konwynge good wycked And so by flaterynge the fende loste all mankynde Fygure here of we haue in y● seconde boke of kynges xx.ca where we fynde that Ioab gylously sloughe the noble prynce Amasam with a knyfe craftely made lyghtly to go out of the shethe And whan he sholde steke hym with the knyfe he toke hym by the chynne and sayd to hym heyle my brother And for his flaterynge fayre wordes Amasa toke no hede to the knyfe And in the same maner whan Iudas betrayed cryste he sayd in flaterynge gyle Aue rabi Heyle thou mayster Caplm .vi. DIues Thou haste well declared the myscheef of flaterynge tonges Saye forthe what y● wylt ¶ Pauper Also god forbedeth vs by this cōmaūdement that we slee no man ne woman by our de de hym a mys doynge or hym hurtynge And so by this cōmaūdement he forbedeth vs wrathe and wretche chydynge despysynge smytynge scornynge and all suche meanes and motyues to manslaughter ¶ Diues As thou well saydest god forbyddeth not all maner of manslaughter but only manslaughter vnryghtfully and ayenst the lawe For god badde that men sholde not suffre wycked doers lyue in dysease of the people Malificos nō pacieris viuere Exo .xxij. And also he bad that we sholde slee noo manne woman ryghtfully and vngylty Innocentē et iustum nō occides Exo. xxiij Therfore I praye the telle me in how many maners a man is slayne vnryghtfully ¶ Pauper On thre maners Fyrst yf he be slayn without gylte Also yf he be slayn without ordre and processe of lawe Also yf he be slayn without lawfull Iustyce ordeyned of his lege lorde to whom god hath gyuen lyfe and lyme the swerde to punysshe shrewes as saynt Poulo sheweth well in his pystle Ad Romanos xiij Also yf he be slayn by enmyt hate and cruelte for to haue vengeaunce
shall take vengeaūce of all that mysu s e his creatures And therfore Salomon sayth that he shall arme creatures in vengeaūce of his enemyes Armabit creaturā in vlcionem immicorum Sapie .v. And therfor men sholde haue rueth on bestes of byrdes and not harme them without cause in takynge rewarde that they be goddes creatures And therfore they that for cruelte vanyte byheded bestes and torment bestes or foule more than it is spedefull for mannes lyuynge they synne in case full greuously Caplm .xvi. DIues As thou saydeste before by this cōmaundement is forboden all wronful manslaughter Tell me in what case it is leful to slee ony man ¶ Pauper Somtyme manslaughter is do by hate enmyte as whan a man is slayne malycyously of his enmye Somtyme it is do for wycked couetyse to haue a mannes good Somtyme it is do by ordre of obedyence processe of lawe as whan a man is slayne by a queste by sentence of a Iuge ordynary Semtyme manslaughter is do for nede ● for helpe of the comonte for the saluacōn of them that be vngylty As whan a knyght fyghteth for his ryght for the ryght sleeth his aduersarye To slee ony man in to y● fyrste maners that is to saye for hate wrathe enmyte or for false couetyse is alwaye vnleful But for to slee a man the thyrde maner and the fourth that is to saye by processe of lawe with a lawfull Iuge or by lawe of armes by the handes of knyghtes or of men of armes ruled by y● lawe of god it is lefull whan men be gylty And therfore saynt Austen sayth lt i.de li. arbitreo Yf it be so that the knyght slee his aduersarye in ryghtfull batayil or the Iuge his of fycers slee hym that is worthy to dye me thynketh they synne not But leue frende thre thyngis be nedeful so that manslaughter sholde be leful right full Fyrste that the case by ryghtfull ordre processe of lawe that the Iustyce haue lawfull power to slee that he that shall be slayne be conuycte of his trespace Also the Intencōn of the Iuge of the pursuers of the offycers be ryghtfull that they slee hym in salua●yon of the ryght for saluacōn and ensample of other not for lykynge of vengeaūce ne of cruelte not hauynge lykynge in his payne so that the cause be ryghtfull and the ordre processe the entencōn be ryghtfull Iusta causa iustus ordo iustus animus ¶ Diues Contra te Yet the gospell sayth Qd deus ●iunxit hō nō seperet Met● ix The●e sholde noo man departe thynge that god hath knyt togydre But god hath knyt the soule and the bodye togydre therfore than it is not lefull to ony man for to departe y● soule from the bodye neyther to slee man ne woman ¶ Pauper Whan the man that is gylty is slayn ryghtfully by y● lawe man sleeth him not but as goddes mynysters goddes offycers For y● lawe of god god hymselfe slee hym in that that god cōmaūdeth suche to be slayne God is pryncypall Iuge of this deth man is but goddes offycer to do his byddynge And therfore sayth the lawe that they that slee men ryghtfully be not called mansleers For why sayth he the lawe sleeth them not they xxij.q̄.v si homicidiū et in qōibus le Caplm .xvij. DIues Sythen it is soo that trespasors lawfully maye be slayn by the byddyng of god why may not prelates of holy chirche mynystres of the aulter slee suche trespasors ne sytte in y● dome of mānes deth ne gyue the sentence ne gyue assystence to y● domesman syth in the olde lawe prestes mynystres of the aulter myght lawfully slee trespasors as we fynde in many places of holy wryt Exo. xxxij.de Leuit et Numeri xxij de Phinees l.regū.xv.de Samuele ● in●fecit Agag Et. iij.regū.xviij.de Helia qui interfecit sacerdotes Baal ¶ Pauper As the lawe sayth xxiij.q̄ viij occidit Moche thynge was lefull in y● olde lawe that is not leful in the newe lawe In the olde lawe y● swerde was graūted to prestes mynystres of goddes aulter In the newe lawe god for byddeth theym the swerde whan he sayd to Peter in tyme of his passyon anone as he had betaken hym power to make the sacrament of the aulter Conuerte gladiū tuū in vaginā ● Tourne thy swerde in to the shethe for he that smyte with the swerde shall perysshe with y● swerde In suche wordes god forbydeth y● swerde to all the mynystres of goddes aulter as y● lawe sayth xxiij.q̄.viij.de cplis cū alijs capls sequētibus ¶ Diues Why forbadde he them the swerd ¶ Pauper For god wolde that men of holy chirche sholde be men of peas of mercy of pyte And therfore he sayd to theym Discite a me quia mitis sum et hūilis corde Lerne ye of me for I am lowe and meke of herte Mat● xi He bad them not lerne to playe with the swerde ne with the staffe ne lerne to fyght and shote to slee ther enemyes but he bad theym lerne to be lowe and meke of herte and to lyue in pacyence as lambes amonges wolues And he badde them loue ther enemyes and do good to them that hate them Mat● v He hadde them shewe pacyence peas and pyte not only in worde wyl and dede but he bad them absteyne them from all tokenes of vnpacyence of vnpeas and of crueltee And for that sheddynge of blood and manslaughter is ofte token of vnpacyence and vnpeas of wrath and of cruelte in them that sleen and dysposeth them to crueltee Therfore cryste forbadde the swerde to alle the mynystres of the aulter ¶ Diues Telle me some other reason ¶ Pauper An other reason is this For the sacrament of the aulter that the prestes make by the vertu of crystus worde is a sacrament of charyte of onehede For it representeth the onehede that is bytwene cryste holy chirche And also it representeth the onehede of the soule with the bodye For as the soule quyckeneth the bodye so cryste by y● sacrament of the aulter quyckeneth holy chirche mānes soule Also it representeth y● onehede of y● godhede with our manhede in cryste therfore holy chirche sayth thus Nam sicut aīa racionalis et cato vnꝰ est hō ita deꝰ et hō vnꝰ est x●s Ryght as reasonable soule the flesshe is one man soo god and the man is one cryste and one cryste is bothe god man And therfore he that destroyeth the onehede of the soule with the bodye departeth them atweyne by manslaughter he sheweth not in hymselfe ne in his dede the sacramente of onehede of cryste with holy chirche of the godhede with the manhede in cryste But he dooth ayenst that sacrament by speracyon dyuysyon that he maketh in manslaughter and sheddynge of blood And therfore he is yrreguler vnable to make the
sacrament of the aulter And for the same reson yf a man haue wedded two wyues so departeth his flesshe in dyuer s e wymen he is yrreguler vnable to the aulter And therfore not only prestes but dekenes and subdekenes in that they be astent to the preest in makynge of the sacrament muste be without suche departynge that is contrarye to the sacrament of endeles charyte of onehede bytwene god and holy chirche bytwene all good crysten people y● is in charyte for alle they be one come togydre in this sacrament For this reson it is not leful to men of holy chirche to shed mānes blood ne to slee ne to mayme The newe testament is a lawe of loue therfore cryste wolde that the mynystres of the auter in the newe testament that sholde mynystre the sacrament of his endeles loue of his endles mercy to mankynde that they shewe loue mercy pyte no token of cruelte The olde testament was a lawe of drede duresse and nygh all the sacrefyces that the prestes made was done with shedynge of blood not only in fygure of crystus passyon but also in token that he that synned was worthy to be slayne as the beest that was slayne that was offered for his synne And therfore the swerde was graunted to prestes and to the mynystres of the olde lawe to punysshe rebellours whan it nedeth and moche of theyr offyce was to shedde blood And so by theyr offyce they were dysposed to crueltee In soo moche that they were not afrede to flee goddes sone ther lorde ther souerayne ther god And for that prestes of the olde lawe by cruelte slough cryste god and lorde of all Therfore shedynge of blood manslaughter is forboden to prestes in the newe lawe and maketh them vnable to the aultre that shedde mannes blode or helpe therto Caplm .xviij. SHeddynge of blood in men of holy chirche is so abhomynable horryble in goddes lyght y● yf ony clerke dye in batayl fyghtyng or in playes of hethen men of whiche foloweth shedynge of blode deth as in playnge at the swerde bokeler at the staffe twohands werde hurlebat in tourmentes in Iustes for that clerke holy chirche shall make noo solempne masse ne solempne prayer for hym but he sholde be buryed without solempnyte of holy chirche xxiij q̄.viij.●cūque clericꝰ And yf a man in his woodnes and rauynge slee man woman or childe though his woodnes passe yet he is yrreguler vnable to goddes aulter xv.q̄.i si●s insaniens Nethelesse yf he be prest or that caas falle hym whan his wodenes is passed be in hope of seker helthe he may saye his masse Also yf a man smyte childe man or woman by waye of chastysynge he dye of y● stroke he is yrreguler xv.q̄.i Si ●s nō iratꝰ et extra li. v.de homicidijs ca. p̄sbiterū Also yf he be in doubte whether he dye of the stroke he shall absteyne hym from goddes aulter Extra e. ad audiencia Also yf a prest or clerke or ony man slee the theef that robbeth the chirche he is yrreguler Extra e significasti Also yf clerkes fyght ayenst sarasynes ayenst hethen men yf they slee ony man womē or childe they be yrreguler yf they be in doubte whether they slough or nay they sholde absteyne them fro y● aulter Extra e.peticio Also y● Iuge the aduocate the accessour the offycere the wytnesse by whiche man or woman is slayn the wryter he that sayth the sentence or redeth in dome the examynacyon of the cause or wryteth the endytement or other lettres by the whiche man or woman is slayn he is yrreguler though the cause the dome be ryghtfull Ray. li.ij.ti.i Yf a man be dryuen by nede to slee man or woman yf he fledde in that nede by his owne defaute fledde not that nede whan he myght haue fledde he is full yrreguler But yf it were suche nede that he myght not flee it the nede cam not by his defaute holy chirche suffreth him in the ordres that he hath taken to mynystre therin but he shall take none hygher ordre Yf ony man slee man woman or childe casuelly and by myshappe whether his occupacyon was lefull or not lefull yf he dydde not his besynesse to flee manslaughter he is full yrreguler But yf his occupacyon were leful and he dyde his besynes to flee manslaughter though he sawe not before all chaūges that myght fall he is not yrreguler Ray. li.ij.ti.i with hym that sleeth man woman or childe wyllyngly with hande or with tonge is no dyspen s acōn Ibm̄ Yf a man smyte a woman with childe whan the childe is quycke or poyson hyr with venym yf that childe be deed born or ellys born out of tyme dye by that poyson or by that stroke he is yrreguler But yf the childe were not quycke he is not yrreguler but he shall be punysshed by the lawe of holy chirche as a manqueller And so shall the man that gyueth venym or ony drynke or ony other thynge to let woman that she may not conceyue ne brynge forth childern And yf y● woman wylfully take suche drynkes or do ony mys crafte to let hyrself or ony other from berynge of childern she is a mansleer Yf many men fyghte togydre one or mo be slayne it is not knowen by whome of that cōpany all that smeten or came for to slee or for to fyght all though they smeten not be mansleers And alle that came to helpe mansleers though they slough not ne had wyll to slee but come only to conforte and to helpe of the sleer and all that were on the wrong syde be yrreguler Yf man or wuman dye by defaute of the leche by his vnkunnynge mys medycyne the leche is yrreguler And therfore it is forboden men of holy chirche to gyue ony peryllous drynkes or to borne men by surgery or to kytte them for often deth or mayme tometh therof Also they mayme them selfe without a nedefull cause or be maymed by other men or by ther owne foly all yf they dyde theym gelde to be chaste so please god they be yrreguler For ther sholde no man serue at goddes aulter that had ony greate foule mayme Yf a man withdrawe hym that wolde saue a man fro deth yf he wyll not hymself saue fro the deth yf he may namely yf it longe to hym of offyce he is yrreguler Hec Ray. li.ij.ti.i Yf ony clerke bere ony wood or fyre or ony mater to the brennynge of ony heretyke yf he be deed therby or his deth hasted therby he is yrreguler though the pope or the bysshop gyue pardon to all that helpen to the deth of that heretyke In sūma confes li.ij.ti.q̄.xxv.quid de ill Yf a preest sende a yonge childe to water his horse though he bydde hym beware of the water and the childe by his sendynge drenche the preest is
of mannes swerde also and Iustefye ye not that god dampneth ¶ Here endeth the fyfthe cōmaundement And begynneth the sixthe Capitulum Primū DIues Thy coūseyll is good God sende vs peas kepe vs fro y● swerde Now I pray the declare me y● sixth cōmaūdemēt ¶ Pauper The sixth cōmaūdement is this Non mechaberis That is to saye in Englysshe Thou shalt do no lecherye ne medle with no thynge flesshely but onely with thy lawfull wyfe As the glose sayth And so by this cōmaūdement he forbydeth all spyces of lethery ¶ Diues How many spyces of lechery be ther. ¶ Pauꝑ Nyne And these be they Fornycacyon lecherye with comon wymen auoutry defoulynge of maydenhode defoulynge of chastyte auowed to god defoulyng of them that be nyghe of kynne of affynyte or of gossyprede sodomye that is mysuse of mannes bodye or womans in lecherye ayenst kynde pollucyon of mannes bodye or womans by ther owne sterynge by themself whiche is a full horryble synne And also synful medlynge togydre bytwene husbonde and wyfe Formcaciomeretriciū adulterium Stup●ū sacrilegiu incestus peccatū sodomiticū voluntaria in se pollucio et ꝑ se ꝓuocat et libidinosus coitus piugalis ¶ Diues In how many wayes may the husbonde synne medlynge with his wyfe ¶ Pauꝑ In .viij. wayes Fyrste yf he medle with hyr only to fulfyll his lustes his lecherye takynge noo hede to god ne to y● honeste of matrymonye Also yf he passe mesure in his doynge Also yf he medle with hyr in tymes whiche holy chirche coūseyled men to cōtynence as in holy tymes in tyme of lente in tyme of fastynge and of other prayer whiche tymes he may medle with hyr so bodely ayenst reuerence of the tyme of god that he shall synne dedely For Peter and Poule teche that wedded folke sholde in holy tyme in tyme of prayer absteyne them fro suche lustes that ther prayer may the more gracyously be herde of god ther herte y● more gyuen to god For suche luste as for the tyme draweth mannes herte and womannes moche fro god and maketh them fulfle s shely the lesse goostly Therfor as we rede Gen̄ .vij. In the tyme of the flood in Noes tyme for the herde trybulacyon dredther they were in all that yere Noe and his thre sones kepte them chaste laye by themself and ther wyues by themselfe so that by holy prayers and contynence they myght y● sooner be delyuered of that peryll and myscheef that they were in Also yf he medled with his wyfe in holy place without nede For in tyme of werre though he medle with his wyfe in chirche yf he dare not lye out of y● chirche for drede of his enemyes he is excused the chirche is not pollute or ellys it were pollute And also yf he medle with his wyfe whan she is greate with childe nyghe the tyme of byrth For than lyghtly he myght slee the childe Also yf they medle togydre with euyll condycōn Also yf he medle with his wyfe wetyngly in hyr comon sekenes at his owne proufre But yf husbonde and wyfe medle to gydre flesshely without these defauct onely to brynge forth a veyne to the herte and gete childern to goddes seruyce ellys to flee fornycacyon and lecherye on other halfe or to yelde the dette of ther bodye eche to other than they synne not But than as saynt Poule sayth ther wedloke is worshypfull and ther bedde without spot of blame Honorabile connubiū in oībuset thorus īmaculatus Ad hebre .xiij. Vpon whiche worde sayth the grete clerke Haymo the glose also That it is a worshypfull wedloke whan a man weddeth his wyfe lawfully to brynge forth childern to goddes seruyce absteyneth hym fro his wyfe in due tyme. And than is ther bedde without spot of blame whan he medle with his wyfe lawfully and for a good ende kepe mesure and maner than ryse they vp out of bedde without spot of blame Caplm .ij. QAtrymonye was ordeyned of god for two causes Fyrst p●ȳcypaly in to offyce to brynge forth childern to goddes seruyce Also in to remedye to flee fornycacōn lecherye For the fyrste cause it was ordeyned in paradyse before Adams synne For y● seconde cause it was ordeyned out of paradyse after Adams synne Thre good thynges be pryncypaly in matrymouye The fyrste is fayth that eche of theym kepe truly his bodye to other medle flesshely with none other The seconde is bryngyng forth nourysshynge of children to y● worshyp of god to goddes seruyce For ellys it were better that they were vnborne The thyrde is y● sacrament whiche may not be vndo but only by deth And therfore the ordre of wedloke is full worshypfull for it representeth y● grete sacrament of vnyte of endles loue bytwene y● godhede the manhede in cryste very god and very man bytwene cryste holy chirche bytwene cryste crysten soule And the faythfull loue that ought to be bytwene husbonde wyfe betokeneth the loue the fayth that ought to be bytwene cryste crysten soule bytwene cryste holy chirche For the husbonde sholde loue his wyfe with true loue And therfore whan he weddeth hyr he setteth a rynge on hyr fynger whiche rynge is a token of true loue that ought to be bytwene them For they muste loue them togydre hertely and therfore it is sette in the fourthe fynger For as clerkes say fro that fynger god gyueth hyr but one rynge in token that they sholde loue theymsyngulerly togydre For as ayenst comynynge of the body the husbonde sholde loue his wyfe and none other and the wyfe hyr husbonde none other The rynge is roūde about and hath none ende in token that ther loue sholde be endeles no thynge departe them but deth alone Also the rynge is made of golde or of syluer in token that as golde and syluer passeth all other metals in value and clennesse so sholde ther loue passe al other loues And the husbonde loue his wyfe passynge all other wymen and the wyfe loue hyr husbonde passynge all other men And as golde and syluer passeth all other metals in clennes so sholde ther loue al be set in clennes not comon togydre but for bryngynge forth of childern or to flee fornycacōn or to yelde the dette of ther bodyes This loue betokeneth the loue that we owe to god that is our goostly husbonde to whome we be all wedded in onr baptem For we sholde loue hym hertely with all our herte syngulerly with all our soule lastyngly with all our mynde myghtely and with all our myghtes And therfore sayth he Deutronoꝰ .vi. Thou shalt loue thy lorde god with all thy herte with all thy soule with all thy mynde and with al thy myght The husbonde betokeneth cryste the wyfe betokeneth holy chirche crysten soule whiche is goddes spouse and ought to be suget to cryste as wyfe to husbonde Thre
dygnyte of preesthode without ende For but he had do that dede god sholde ellys haue destroyed the people Also for auoutrye vnlawfull wedloke all mankynde was destroyed in tyme of Noes flood saue .viij. soules Gen̄ vi And for defoulynge of one mannes wyfe were slayne thre score thousande fyue thousande all a contre and a grete cyte destroyed at the byddynge of god Iudicū .xix. et .xx. Also Dauyd for auoutrye was dreuen out of his kyngdom and he al his housholde all his kynrede were afterwarde full harde punysshed for his lecherye .ij. Re .xi. et .xij. And by the olde lawe both man and woman sholde be slayne yf they were take in auoutrye We rede that Iudas the sone of Iacob hadde thre sones by one woman Her Onam Selam But Her that was the eldest sone was a shrewe mysused his owne wyfe wherfore god was wrothe with hym and slough hym with sodayne deth for he vsed his wyfe in luste wolde not by gete childern of hyr but dyde so that she sholde not conceyue Gen̄ .xxxviij. Also for lecherye seuen husbondes of Sara that was afterwarde the wyfe of yonge Thobye were slayne of that tende for ther foule luste Thobie .vi. Also for lecherye of them that be of kynre de of affynyte god hath take harde wrath as whan Aamon lay by his syster Thamer he was slayne of his broder Absolon And Loth the broder of Abraham by dronkenshyp lay by his owne two doughters bygate of them two childern Moab Amon whiche childern the people that came of theym were alwaye enemyes to goddes folke acursed of god Also Iacob cursed his sone Ruben for he laye with one of his wyues Also for the foule synne of Sodome fyue fayre cytees Sodom Gomor other thre cytees were destroyed in tyme of Abraham For god rayned vpon them fyre brymstone from aboue And the erthe shoke so trembled that they sonke downe in to helle house londe man childe and beest all that they had There was no thyng saued but Loth his two doughters his wyfe myght haue be saued but for that she loked ayen to the cyte ayenst the angels byddynge whan she herde the sorowfull crye of them that perysshed therfore she tourned in to a salt stone For the angell bad them streytly that they sholde not loke ayen And all that contre whiche was byfore lykened to paradyse for fayrenesse plente of the contre tourned in to a foule stynkynge podell that lasteth in to this daye is called the deed see For ther may noo thynge lyue therin for fylth stenche in vengeaūce of that stynkynge lecherye Gen̄ .xij. ¶ Diues Me meruayleth moche that god toke so general wrath to slee man woman and childe For I am syker ther were many childern full yonge vngylty in that synne Also we fynde not that wymen were than gylty in that synne The boke sayth that all the people of men fro the childe male to the olde cam to do that synne but of wymen speketh he not that ony cam therto ¶ Pauper Though woman vse not that synne yet they were gylty in that that they forsoke not ther husbondes that were gylty For sodomye is moost suffycyent cause of dyuorce bytwene husbonde wyfe whan it is openly vsed And syth they wolde not forsake ther husbondes in that horryble synne in maner they assented to ther synne soo ryghtfully they perysshed in synne with them Of the childern vngylty the mayster of storyes sayth that god slough them for ther best For yf they hadde lyued forth in to myghty age they sholde haue folowed the lechery of ther faders and so it was better to theym to dye or they were gylty than to haue lyued lenger dyed gylty and go to helle without ende Caplm .xvij. DIues Fell there ony vengeaunce for lechery of men of holy chirche ¶ Pauper We fynde in the seconde boke of kynges vi.ca. That ther was a deken in y● olde lawe whos name was Oza And whan he touched that hutche eyther arke of god to holde it vp whan it sholde els haue falle his ryght arme seryd dryed sodaynly anone he dyed For as the mayster of storyes sayth That nyght he had deled with his wyf Syth than the deken of the olde lawe was so hard punysshed for he touched goddes hutche that els sholde haue falle for he medled that nyght with his wyfe moche more prestes dekens of the newe lawe be worthy moche wo yf they presume to touche goddes bodye or to mynystre at goddes aulter whan as they haue comoned with other mennes wyues or with ther concubynes And therfore the lawe byddeth streytely that there sholde no man ne woman here masse of the preest whiche that he knoweth sykerly that he holdeth a concubyne or is an open lecherour and notorye Distinc .xxxij. nullus ● preter hec And in the same lawe it is forboden in payne of cursynge that ony preest lechour sholde laye ony masse or ony deken lechour rede ony gospell or ony subdeken rede ony pystle in the offyce of holy chirche And in an other place the lawe byddeth that suche notorye lechours sholde haue no offyce in holy chirche ne benefyce yf they had but yf they wolde amēde them they sholde be pryued both of offyce of benefyce Distinc xxviij decreuimus And yf ony man of holy chirche hoūted moche the place and the companye of suspecte wymen but he wolde cesse he sholde be deposed Distinc lxxxi clericus And there sholde no straūge wymen dwelle with men of holy chirche but thermoders beldames auntes and godmoders and brothers doughters or systers doughter Ihidē ca. cū omnibus And yf there myght ony euyll suspeccyon be of ther dwellynge togydre or for youth or for they be suspecte in other byhalue than they sholde not dwelle with them in housholde but in some other place Ex. de cohitacōe clerico abrum et mulierū .i. capitulo ¶ Diues Though a preest be a shrewe the sacramentes that he mynystreth be not the worse For the goodnesse of y● prest amendeth not the sacrament Ne his wyckednesse appereth theym not as the lawe sheweth well in the same place Vbi supra ꝓximo caplo vestra ¶ Pauper Why forbydeth than the lawe men to here masses of synfull prestes lechours The lawe sayth that fallynge fro the hygher chastyte that is voued to god is more wors than auoutrye For sythen god is offended whan the wyfe kepeth not fayth to hyr bodely husbonde or the husbonde kepeth not fayth to his wyfe moche more is god offended yf fayth of chastyte is not kepte to hym whiche was prouffered to hym frely not axed nedely And the more freely it was made without compellynge the morer synne is the brekynge xxvi.q̄.i Nupclarum in fine ca. et ca. impudicas et ca. scien Also the lawe sayth that the synne that is done
that the .xviij. men vpon whiche felle the toure of Syloa in Ierlm and slough them wene ye that they passed in synne all the men of Ierusalem Nay forsoth But I say to you but ye amende you ye shall perysshe all to gydre Luce. xiij And so the punysshynge of tho men so slayne was a warnynge to them that were more synfull that they sholde amende theym And soo thou myghtest well see that thy reason is nought worthy god punysshed Eue harder in this worlde than he dyde Adam therfore hyr synne was more than the synne of Adam Caplm .xxiiij. ALso the seconde maxime and grounde in whiche thou sayste that god punysshed Eue harder than Adam may resonably be denyed For in punysshynge of Adam god gaf his curse and sayd Cursed be the erthe in thy werke in thy synne He sayd not cursed be the erthe in thy werke of Eue ne he sayd not cursed be the erthe in your werke as for comon synne of them bothe but he sayd only to Adam Cursed be y● erth in thy werke In punysshynge also of the serpent he gaf his curse sayd Thou shalt be cursed amonges alle thynge lyuynge vpon erthe Also god cursed Caym whan he punysshed hȳ for sleynge of his brother Abell But whan god punysshed woman he gaue not his curse And we rede not that euer god gaue his curse to ony woman openly in specyaall Ne god repreued not Eue so moche as he dyde Adam And so the grete repreue blamynge the curse that god gaue in punysshyng of Adam more than he dyd in punysshyng of Eue shewyng well that the synne of Adam was more greuous than was the synne of Eue that there was more ob●tynacy in Adam than was in Eue. For cursyng is not gyuen of god ne of holy chirche but for obstynacy As I sayd fyrst Adam answered full obstynatly God blamed Adam prȳcypaly for brekyng of his cōmaundement sayd to hym that brekynge of his cōmaūdement was cause of his nakednesse of his sodayne myscheef and notwithstange the techynge and the styrynge of god he wolde not be aknowen of his synne but put his synne on god and excused hym by Eue and soo put synne to synne in excusacyon of his synne Whan god punysshed Adam he cursed the erthe for his synne whiche curse tourned to woo trauayle of hym of all mankynde whiche we maye not flee And therfore ha sayd to Adam thou shalt ete of the erth in trauayle and sorowe all the dayes of thy lyfe I shall brynge the forth brerys thornes thou shalt ete herbes of the erthe Also in punysshynge of Adam god gaf the sentence of deth vpon hȳ all mankynde for his synne And therfor god sayd to Adam thou shalt ete thy brede in swynke swete of thy face tyll thou tourne ayen in to the erthe For erthe thou art in to erthe ayen thou shalt wende Sythen than god for the synne of Adam gaf so greuously his curse and blamed so harde Adam of his synne and for his synne dampned hym and all mankynde and punysshed all erthely creatures for his synne dampned hym and all man kynde to perpetuel trauayle whan he sayd Thou shalt ete thy mete with trauayle sorowe al the dayes of thy lyfe And also for the synne of Adam he gaf sentence of deth to hym and to all mankynde that is moost of all paynes it foloweth that god punysshed harder Adam for his synne than he dyde Eue for hyr synne For why in punysshynge of Eue god repreued hyr not so moche as he dyde Adam he gaf than no curse ne payne perpetuell saue subieccyon I shall sayd god multeplye thy myscheues thy conceyuynges in sorowe thou shalt bere thy childern and thou shalt be vnder power of man he shall be thy lorde God sayd not to woman I shall multeplye thy myscheues all dayes of thy lyfe For she may kepe hyr chaste yf she wyll and flee myscheef and payne of childern byrthe And that god made woman suget to man for the synne of Eue it was noo newe thynge to woman For as saynt Austen sayth suꝑ Gen̄ li.xi.ca.xiiij Woman was suget to man byfore by ordre of kynde but that subieccōn was only by loue and charyte but for hyr synne she was made suget not only by loue but also by nede bondage of honeste seruyle werkes to obeye to man and be vnder his gouernaunce Byfore hyr synne she was sugette to man only by loue but after hyr synne she was made suget to man not only by loue but by drede by nede For she muste drede man she hath nede of his helpe For that was the pryde of Adam of Eue that they desyred to haue noo souerayne ne gouernour but god allone as clerkes saye And therfore the fende in gyle behyght them that they desyred saynge to Eue yf ye ete of the tree that god hath forbode you ye shall be as goddes knowynge gode euyll that is to saye ye shall nede noo souerayne ne gouernour to teche you ne to gouerne you but god for that they desyred it lyghtely they byleued it For as the mayster of storyes sayth A thynge that is desyred lyghtly it is byleued And therfor god ryghtfull Iuge punysshed them bothe in subieccyon of drede and of nede and of harde seruage He made woman suget to man and afterwarde he made man suget and thrall to man for the synne of Adam as sayth saynt Austen suꝑ Gen̄ v sup More than euer he made woman suget to man For the synne of Eue as sayth saynt Austen suꝑ Gen̄ v.s For thoughe woman be in thraldome to temporell lordes as be men that is not for the synne of Eue but pryncypaly for the synne of Adam The subieccōn that woman is put in for y● synne of Eue is the subieccōn that the wyfe ought to hyr husbonde And all the soueraynte and lordshyp that ony man hath here in this worlde eyther ouer man or woman it is medled with moche woo grete sorowe care For euery souerayne in this worlde muste care for his sugettes yf he be wyse And in hygher degree that he be of lordshyp of dygnyte in the hygher degre is he of peryll of drede of sorowe care in punysshyng of Adams synne And so both lordshyp in this worlde subiecco n be punysshed of Adams synne And yf sugettes can haue pacyence with theyr degre they be in more sykernes both of bodye of soule in more gladnes of herte than be the souerayns And so punysshed god Adam as moche in maner in that he made hym lorde gouernour of woman as he punysshed Eue whan he made hyr suget to Adam For in that god bonde man to haue cure of woman in hyr myscheef to saue hyr and to kepe hyr that was by comon so faynte so feble freell and so myschyuous by cause of hyr synne Caplm .xxv. DIues Yet clerkes
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 thou 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● couenau t of the lenynge doth that man theft so takyng away his owne good ¶ Pauper He doth theefth For it is not for that 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 couety 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 dyspensacōn therof ¶ Diues I suppose a māweneth to take his owne good whan he taketh an other mānes good ayēst his wyll or yf he take his owne good vnlefully wenynge that 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 case he doth no theft ne dedely synne yet he is boūde to restytucōn Theeft encludeth alwaye gyle falsenes with 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 that he sholde not be myspayed tho he wyste it than doth he no theft ne synne yf he take an other mānes good wenynge that it be not his wyll tho it be his wyl that he take it yet he doth theft dedly synne in goddes syght but he is not boūde to restytucōn whan he knoweth that it is that lordes wyll ne the lorde may not axe restytuco 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 that 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 borowed an hors or ony other thynge in a certayn place for a certayn tyme he passe that place or his tyme ayenst his wyll that ought that thynge doth he theeft ¶ Pauper Yf he do so of purpo s e for couetyse or some euyll cause 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 harme than he may take that horse or other thynge ferther lenger without theeft so that he may truly paye for that that he passeth in the fyrste couenau 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 that the lorde of that thynge shal not be myspayd For in that lenynge he vseth an other mānes good ayenst his wyl for lucre wynnynge of frendshyp And yf a man lene an other ony thynge 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 that ought it he doth theft as sayth y● same clerke Yf a thyng stolen perysshe though y● thefe haue no ꝓfyte therby yet is he boūde to restytucyon he muste yelde as good or better than it was whan he toke it And he is boūde to make restytuco n both of that thynge of y● profyte that cam therof to hȳ for that profyte that sholde haue come therof to y● lorde in the tyme that he occupyed it ayenst his wyl And yf he haue amended y● thynge that he stale he may not axe it ayen ne withholde his expenses he shal make restytucōn after y● the thynge was worth whan he stale it or better Yf y● theef profre the lorde in couenable tyme place y● stolen thynge the lord wyll not receyue it yf the thyng after that by myshap perysshe the lorde hath none accyon ayenst the theef for y● lettynge 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 restytucōn of that thynge but also of the value of the vse ¶ Diues Yf a man or woman bye in open market a thynge stolen wenynge that it were not stolen whan he knoweth the sothe may he axe the pryce of that thynge of hym that ought it or withdrawe it tyll he haue payed hȳ as moche as he payde therfore ¶ Pauꝑ 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 restored it to the lorde of that thynge yf he spent ony thynge in amendement of that thyng whyle it was in his kepynge he may with good fayth axe that of hym that ought the thynge without restorynge of the profyte that he had of that thynge byfore he wyst that it was stolen But whan he knoweth that it is stolen other mennes he kepeth it stylle for couetyse or ony other vnleful cause he is boūde to restytucōn fro that tyme as longe as he kepeth it of the profyte to the lorde Yf the thynge pery s she whyle he kepe it not knowyng that 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 ryche 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 that he hath taken in stelynge he is not excused of theft for he putteth synne to synne Fyrst
bysshoppes prelates that take gyftes 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 goten all though it be full ofte euyll goten xiiij q̄.v.nō sane For to suche cryste badde that they sholde make them frendes in heuen of rychesses of wyckednesse 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 hymselfe ne cryste telleth not that parable in the gospell that men sholde take example of his fraude to helpe themselfe by fraude of robberye of other mēnes good but to teche men to make 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 with 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 moche 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 worlde 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 rychesses of wyckednesse that is to say of payne dysease and of myscheef For they brynge men in to payne trauayle moche dysease for men haue moche trauayle in gettynge moche drede in kepynge moche sorowe in the lesynge Diues diuicias nō ogregat absque labore Non tenet absque me to nec deserit absque dolore They behote 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 impletur 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 wyckednesse For the lawe sayth x.q̄.i dilectissimis By waye of kynde al men ben euen in lordshyppes rychesses but by wyckednesse of false couetyse in the people men ben vneuen in rychesse For some haue moche some lytyll 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 refrayne the wyckednesse of false couety s e in the people And for wyckednes is cause that one man is rycher than an other therfore they be called rychesses 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 rychesse for synne and shrewednesse And therfore goodes of this worlde ben called rychesses of vneuenesse and of wyckednesse Iniquitatis .i. nō equitatis 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 crysten therfore they ben called rychesses of vneuenesse Therfore god byddeth the ryche men that ben but his bayllyes and his reues in this worlde 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 cōmaūdement thou saydest that ryche 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 cōmaūdementes ¶ 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 ayenste this cōmaūdement Non occides thou 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 thou shalt do no theeft For all y● the ryche man hath passynge his nedefull lyuynge after the astate of his dyspensacōn it is the poore mānes And therfore sayth saynt Ambrose y● it is noo lesse synne to the ryche man for to denye y● poore man helpe at nede whan he may helpe hym of his habondaūce than it is to robbe a man of his good The brede sayth he that thou withholdest in superfluyte is the poore folkes that haue hongre And the waste clothynge that thou shettest vp in superfluyte is the poore wedowes And the moneye that thou 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 boundes and helpe them out of woo And therfore sayth he wytte thou it well that of as many goodes thou 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 wordes that ryche men sholde gyue almesse 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 thynges 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 lordes is nedefull to haue treasoure to wage men of armes in defence of the Realme and to wage theyr offycers in gouernaunce of the Realme and of ther lordshyppe And therfore an Emperour sayd Qui omnibus pree s t. omnibus indiget He that is lorde 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 dyspensacōn he is not
whete at myghelmasse the whete be better for that 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 sūma 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 hope that the same quantyte shall be more worth in tyme of paymēt he doth vsure 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 resceyue a certayn tyme corn wyne or other 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 moneye therfor in certayn tyme to wynne 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 resceyue theym after in certayn tyme of feyre 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 losse 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 Nathelesse though he that letteth it to hyre 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 wycked sclaunderous to folke that knowe not his entencyon Nathelesse he that hyreth a thynge may lefully take 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 vsurye 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 corne or other nedefull thynges pryncypally 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 that but yf he witholde it wyl not selle forth in tyme of nede thyng y● he hath passyng his lyuyng but kepeth stylle in hope of more derth he synneth greuously And therfore Salomon sayth Qui abscondit frumentu maledicet in populis Bn̄dictio dnī suꝑ caput vendenciū Prouerbiorum .xi. He that hydeth whete in tyme of hongre shall be accursed amonges the people And y● blessynge of god vpon the hede of them that selle forth Also 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 namely they may bye so lefully y● haue not wherby to lyue but suche marchaūdyse 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 couetou 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 lefull 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 doynge is called proprely crafte and not marchaundyse xxiiij.q̄.iij canonū glosa et de con di.v nunꝙ Yf a man lene olde corne to haue therfore newe corne at the heruest and wyll not take 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 neyghboure he dooth none vsurye By goddes lawe all vsurye is dampned By emperours lawe by mannes lawe some 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 dampneth 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 lecherye 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● o the 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
wylt enfourme me in the eyght commau dement ¶ Pauper The eyght commaundement is this Non loqueris contra proximū tuum falsum testimoniū That is to saye Thou shalt speke noo false wytnesse ayenst thy neyghbour In wordes as sayth saynt Austen and saynt Thomas de veritate theologie libro quinto God forbyddeth all maner lesynges and hydynge of treuthe whan it sholde be sayd For as the lawe sayth Qui tacet consentire videtur He that is styll and wyll not saye the treuthe whan he sholde saye it he semeth y● he consenteth to falsenesse And soo by his stylnesse he wytnesseth with falsenesse ayenst treuthe ayenst his neyghbour synneth dedely with his tonge for that he wyll not vse it to wytnesse the treuthe whan he sholde And therfore sayth saynt Austen that bothe he that hydeth the treuth he y● lyeth ayenst the treuth ben gylty ayenst this cōmaūdement For why he that is stylle wyll not proufyte to his euen crysten he that lyeth desyreth to harme his euen crysten In epla ad Casulanū For man and woman is boūden by this cōmaūdement not to harme his neyghbour with his tonge And therfore Iohn Crysostome sayth that not only he is a traytour to the treuthe that lyeth ayenst the treuthe but also he that sayth not frely the treuthe y● he ought to saye or not frely defendeth y● treuth whiche he ought to mayntene and defende And so all tho that by styllenesse enforce theym not to knowe the treuthe that they knowe and wyll not be aknowen in due tyme they be lyers false wytnesses Nathelesse leue frende ye shall vnderstande that ther is thre maner of stylne s se One is anentes god an other anentes our euen crysten the thyrde anentes our selfe The fyrste is wycked whan we cesse from due praysynge of god thankynge for his benefyces The seconde is wycked whan we cesse from due maner of techynge and vndernemynge of our euen crysten The thyrde is wycked in .ij. maners Fyrste yf a man or woman for drede or shame or for pryde wyll not saye thynge y● he sholde saye to playne hym of his myscheef to seke helpe of soule by shryf● or good coūseyll or of bodye by other helpe by good coūseyll but gnawynge fretynge hymselfe Inwarde wyll not playne hym outwarde to them y● wolde conforte hym and speketh so moche Inwarde without conforte tyl he falleth in wanehope shendeth hymselfe by angre Inwarde sorowe Therfore sayth saynt Gregory li .viij. moraliū That moche folke whan they haue wronge suffren moche the more dysease Inwarde for they wyll not speke it outwarde For why sayth he Yf they sayd peasably theyr dysease outwarde with theyr tonge sorowe dysea s e sholde passe out of theyr herte out of theyr conscyence Si illatas inquit molestias lingua tranquilie diceret a consciencia dolor ●maneret Somtyme men be stylle in desceyte of other that they may the more bodely accuse other Caplm .ij. DIues How many maner ben there of lesynges ¶ ꝓauper Saynt Austen li. de mendacō putteth .vij. maner of lesynges whiche ben comprehended in thre Quia ōne mendaciū vel ē ꝑniciosū vel officio s ū vel iocosū For euery lesynge or it is suche y● it doth harme than it is called in latyne ꝑniciosū that is to saye wycked in Englysshe Or it is suche that it doth good none harme that is called in latyn officiosū that is profytable in Englysshe Or it is suche y● it dooth neyther good ne harme that is called in latyn ●ocosum that is bourdfull in Englysshe as whan men make lesynges only to make folke mery The fyrste maner that is called ꝑniciosū and wycked is alwaye dedely synne But the two other maner of lesynges ben venyall synne to the comon people But to men of holy chirche to relygyouse and to all that sholde be folke of perfeccōn they ben dedely synne yf they ben done by auysement or by custome as saynt Austen sayth The fyrst maner of lesynges is done in fyue maners Fyrste yf ony man saye preche or teche ony thynge ayenst the fayth of holy chirche the .ij. is whan the lesynge harmeth some profyteth to none as lesynges of bacbytynge fals wytne s se of synne y● comon lawe punysshed the .iij. is y● so profyteth to one harmeth to an other as fals wytnesse in cause of dette or of herytage or of suche other the .iiij. is whan the lesynge is made without profyt without cause saue only for lykynge to lye to desceyue for custome of lesynges the .v. is whan the lesynge is made only for to please as flaterynge Alle these maner of lesynges ben forboden by this cōmaundement to all mener folke as dedely synne The lesynge of flaterynge maye be done in thre maners in praysynge a man in thynge that he hath more than he is worthy to be praysed or praysyng hym in a thynge y● he hath not or praysynge hym flaterynge hȳ in his synne shrewednesse in his folye And this maner of flateryng yf it be done wyttyngly it is dedely synne The secōde maner of lesynge y● is called Officio sū profytable it is done in .iij. maners Fyrste for saluacōn of catel that sholde ellys be loste wyckedly by theues yf they wyste where it were Also for saluacōn of man or of woman in nocent that is sought of his enemyes Also to saue man or womā fro synne as yf a syngle woman saye y● she is a wyfe to kepe her clene from theym that wolde defoule her Suche maner of lesynges that so auayle profyte also lesynges bourdfull ben venyal synnes to the comon people but to men of perfeccōn they ben dedly synne namely lesynges bourdfully whan they ben in customable vse For it falleth not to men of holy chirche of relygyon to be Iapers ne lyers but it falleth to them pryncypally to flee ydell wordes For cryste sayth in the gospel that men shall gyue answere at y● do me for euery ydell worde y● they saye But suche lesynges bourdful in men of perfeccōn tourne lyghtly to lesynges ꝑnycyous wycked For they do harme to theym y● here them in that that they be asclaūdred of theyr vanyte of theyr lesynges For them thynketh soth it is that men of holy chirche of perfeccyon sholde not be Iapers ne lyers ne vayne but sadde in chere in worde dede Therfore the mayster of sentence li .iij. distinct .xxxviij. sayth openly that suche maner lesynges ben venyal synnes to them that be of vnperfyte state dedly synne to them that be of perfyte state And saynt Austyn li●●tra mendaciū sayth that teruth sholde not be corrupte for ony temporall profyte And no man ne woman shall be led to endlesse helth with helpe of lesynges for euery lesynge falsehede is ayenst cryste that is soueray ne truth And saynt Gregory li .xviij
hath slayne crysten people by the swerde kept this londe y● they wanne of crysten people Therfor Beda de officio diuino sayh y● it betokeneth two tonges y● men of holy chirche ought to haue as I haue sayd therfor they ben called tonges Also y● prestes crowne betokeneth the crowne of thornes on crystes hede the dygnyte of the presthode And his sha●ynge as the lawe sayth betokeneth pouerte in soule forsakynge of worldely goodes Caplm .ix. DIues What betokeneth the bysshoppes crosse in maner of lyuynge ¶ Pauper As sayth a grete clerke Beda li .i. de diu● no officio The bysshops crosse is called a shepherdes staff to styre the bysshop to lownesse to thynke on the cure and on the besynesse the charge that he taketh vpon hym whan he is made bysshop He bereth no ceptre of worldely dygnyte to styre hym to pryde ne bereth no swerde that is token of cruelte but he bereth a shepherdes staff not to slee ne to smyte but for to saue his sheep y● ben his suget● spyrytually whiche staff aboue is croked in maner of an hoke to drawe ayen that wolde not come or ellys go awaye For the bysshop sholde pryncypaly trauayle to drawe synful men wymen with fayrenesse by good wordes and by good example to the mercy of god and not to be fers●ne felle to the synfull And therfore as Beda sayth aboue on the hoke of the crosse is wryten thus about Cum iratus fueris misericordie recordaberis Whan thou shalt be wroth thou shalt thynke on mercy In the roūde knott byneth the hoke is wryten homo that is to saye a man to do the bysshoppe thynke y● he is but a man as an other is and not be proude of his dygnyte Byneth besyde y● pyke of yron is wryten parce that is to saye spare For he muste spare his sugettes shewe grace to them as he wyll haue grace of god And in token therof the pyke of the crosse sholde not be sharpe but blunt For the deme of y● bysshop sholde not be to sharpe but alwaye medled with mercy The staf of the crosse is ryght and not wronge in token that the bysshop sholde deme ryghtfully gouerne his sugettes in ryght and equyte and do no man wronge Vnde versus Contrahe per primum medio rege parce per ymum By these tokenes outwarde bysshoppes and pre●es wytnesse themselfe to be suche In warde as the tokenes shewe But yf they be not suche they be false wytne s ses to cryste and to crystus lore in dāmage of theyr euen crysten for by ypocrely they desceyue the people For sothe it is a lesynge ony man knowlege hymselfe a bysshop preest or clerke or man of relygyon werke contrarye thynges to his order ayenst the tokenes that he bereth of holynes It is a lesynge ony man or woman to saye hym crysten and do not ne lyue not therafter as a crysten man or woman but perauenture worse than a Iewe sarasyne or panyme Therfore sayth saynt Iohn in his epystle that who soo sayth that he knoweth god kepeth not his cōmaūdementes he is a lyer there is noo fayth in hym Prima Iohis .ij. And he that sayth that he loueth god hate his brother he is a lyer Io .iiij. And so euery wycked lyuer is a lyer And therfor saynt Ambrose sayth in this maner Bretheren flee ye lesynges For all they that louen lesynges ben the childeren of the fende For as cryste sayth in the gospell all suche haue the fende to ther fader whiche hath euer be a lyer fader of lesynges and neuer stode in treuth but with a lesynge loste all mankynde as cryste hymself sayth in the gospell Io .viij. And yet in to this daye vnnethes he bryngeth ony man or woman to synne but with lesynges And so with lesynges he sleeth mannes soule womans and euer hath be a cruel mansleer a false lyer as cryste sayth in y● same gospel ¶ Diues Telle me I praye the how wytnesses sholde haue them in dome for to be true wytnesses ¶ ꝓauper The wytnesses in dome the Iuge also sholde be In dyfferent to both partyes saye the treuth for both partyes And the Iuge may not by y● lawe take mede to deme truly ne the wytnesse may not by the lawe take mede to bere true wytnesse Moche more than the wytnesse ought to take no mede to bere fals wytnesse ne the Iuge to gyue vnryghtfull dome .xiiij. q̄ .v. Non sane Nethelesse the wytnesse may lefully take his costes of hym y● bryngeth hym to wytnesse And yf a man see y● his neyghbour sholde falle in his treuth and lese his ryght for defaut of wytnes yf he knowe the treuth may bere wytnesse in the cause but he bere wytnesse saye the treuth for saluacōn of his neyghbour els he synneth greuously though he be not brought to bere wytnes And in y● case men of holy chirche may owen to bere wytnesse soo y● it be not in cause of blood ne of greuous synne And yf a man take mede for his wytnesse he is boūde to restytucōn Caplm .x. DIues To whome shall he make restytucōn ¶ ꝓauper Yf he toke mede to bere fals wytnes though he bere true wytnesse or no wytnesse he shall make restytuco n not to hym y● gaue it for he is not worthy to haue it ayen syth he gaf it for falsehede and for synne But he shall make restytucōn to hym ayens whom he toke it to do hym wronge And in the same maner shall make restytucōn yf he toke mede not to bere wytnesse but for to be stylle not saye the treuth And yf the wytnesse take mede to saye the treuth he shall make restytucōn to hym y● gaue it to hym in helpe of his right For it was lefull to hȳ so to gyue but it was not lefull to the wytnesse so to take And yf it be in doubte for what ende the gyfte was gyuen than he shall make restytucōn and gyue it the poore folke by the dome of holy chirche Hec Raymundus li .ij. ti de testibus ¶ Diues How many wytnesses be nedeful in dome ¶ Pauper After that the cause is soo muste be the nombre of y● wytnesses And after the persone or the persones that ben ayenst whome the wytnesses ben brought For ayenst bysshoppes prestes and ayenst men of holy chirche ayenst persones of temporall dygnyte muste be brought more wytnesses of more worshyppe than ayenst symple folke ¶ Diues Why so ¶ Pauꝑ For there sholde no man be in dygnyte neyther spirytual ne temporal but true folke to whoo 's treuth men sholde gyue more credence than to speche of symple folke whiche knowē not wel what is treuth ne fals what is profytable to the comonte ne what is noyous ofte full lytyll dredynge god Also persones in dygnyte in that they be soueraynes Iuges gouernours of the
people for theyr ryghtfull domes somtyme for vnryghtfull geten them moche hate of the people and without gylte and for ther good dede and so they haue many aduersaryes For it is not in the power of the gouernour to please all But nedes eyther he muste offende god or ellys men that dreden not god And therfore the Iuge shall not lyghtly byleue a fewe wytnesses ayenst suthe persones Also yf persones of dygnyte myght lyghtly be dampned by y● symple folke the people sholde be to holde ayenst ther soueraynes lytyll let by them so dygnyte both spyrytuall temporall sholde be in despyte come to nought And therfor some tyme it is better to suffre a sh●ewde prelate or a curate a shrewde man to regne than lyghtly at the requeste of y● people to depose hym but his synne be well open well sclaūderous noyous ¶ Diues Is ther ony caas in whiche it is lefull to stande to one wytnesse ¶ Pauper In y● is no preiuoyce to an other it is leful to stande to one wytnesse as yf it be in doubte whether a childe be crystened or a chirche halowed or an aultre or vestymēt halowed Also by assent of both partyes men may stande to the wytnesse of one Also men may stande to y● wytne s se of the preest seynge y● his parysshen is amended yf the synne be not open Vt dicit hostiensis ī sūma li .ij. Ru. de testibus S. quotus est numerus Also the wytnesse shall saye for certaynte y● he knoweth for certayne saye in doubte thynge that is to hym in doubte ¶ Diues Ofce a man weneth to be syker of thynge he is desceyued ¶ Pauper Yf he do his deuoure to knowe the treuth though he be desceyued so saynge ayenst treuth he synneth not dedely for it is not his wyll to bere false wytnesse Caplm .xi. DIues Is a man bounde to kepe counseyll of a thynge y● he knoweth by preuy tellynge ¶ Pauꝑ That a man knoweth only by shryft he is bounde to kepe it preuy and noo wytnesse here therof For he knoweth it only as goddes preuy mynyster But yf he knewe it not onely by shryfte but by other waye than by this tellynge that is shreuen to hym therof yf it be suche that it be grete harme of the comynte or of ony persone than he is boūde to telle out for saluacyon of his euen crysten sauynge as moche as he may the persone that tolde it hym soo that he beware of more harme by his tellynge Yf it be suche that it be not to harme of the comynte ne to grete harme of ony persone yf he haue boūde hym to coūseyll he shal not be it aknowe for no byddynge of his souerayne For it is a lawe of kynde to kepe counseyll that man knoweth by coūseyl yf the kepynge of coūseyl be not ayenst charyte For ayenst charyte may no man be bounden neyther by byheste ne by othe And for to dyscouer counseyll y● is tolde theym for counseyll whan he may lefully kepe it counseyll it is a falsehede And therfor the wyse man sayth That who soo dyscouereth the preuytees of his frende he leseth fayth Ecclesiastici vicesimo septimo For that is the maner of false frendes that whan they tourne to enemytee than to telle the preuytees of theyr frendes to shende them As sayth the wyse man Ecclesiastici sexto Wytnesses muste accorde in the thynge in the person the place and in the degree and in the tyme. Yf one wytnesse stande ayenst many wytnesses his wytnesse is nought but he be wryten with them in ony Instrument Yf the wytnesses contrarye amonges themselfe the Iuge shall deme after the more partye but the lesse partye passe the other partye in worshyp dygnyte in good name Or ellys yf theyr wytnesse be more semely to the treuth and that they preue better theyr wordes than the other partye but y● must stande in dyscrecōn of the Iuge They y● shall atteynt other wytnesses muste be mo in nombre of more worshyp of better name than the other were Yf wytnesses ben euen in both partyes in nombre in dygnyte the Iuge shall delyuer hym y● standeth for gylty for mercy muste be pryncypall vertue in the Iuge And therfore sayth saynt Iames y● mercy enhaūseth the dome Hec in sū conf li. ij ti de testibus Also ther is wytnesse of dede by dede withouten wytnesse of worde as whan y● dede sheweth the selfe Dist xxviij priusꝙ Ther may no man be Iuge and wytnesse and accuser togyder in the same cause but in case the Iuge may be wytnesse of treuth to excu s e .iiij. q̄ .iiij. Nullus vnꝙ In euery dome muste be foure maner persones a Iuge accuser defendour and wytnesse Ibidem In cause of felonye of a grete synne sholde no man be wytnesse ayenst the gylty that had borne wytnesse ayenst hym byfore in ony dome for it is a token of enemyte .iiij. q̄ iij. testes S. Item in criminali The wytnesses sholde be worshypful true and sadde Ibidem Suche folke sholde be wytnesses in dome that knowe beste the treuthe .xxxv. q̄ .vi. S. i. By wytnesse of one shall no man ne woman be dampned but his trespasse be so open that the dede sheweth the selfe .iij. q̄ .iij. testes Et Deutro .xix. et Numeri .xxxv. No man is suffycyente wytnesse in his owne cause .xv. questione tercia sane in fine Item quarta questione tercia testes s Item in criminali Post me Euery man may be wytnesse in dome ayenst hymselfe but not for hymselfe quarta questione secunda S. i. The defendour may forsake wytnesses that ben his enemyes quarta questione tercia testes Noman may be compelled by the lawe to bere wytnesse ayenst his owne kynnesman ne ayenst ony of his nyghe alyaūce Ibidem An heretyke an hethen man may bere wytnesse ayenst an other heretyke ayenst an other hethen man in helpe of a crysten man But ayenst a crysten man sholde they bere no wytnesse .xxiiij. q̄ .i. mirantur Caplm .xij. HE that is vnable to be a preste sholde bere no wytnesse ayenst a preest in cause of felonye and of grete synne .ij. q̄ .vij. ipsi apostoli He that bereth false wytnesse forsaketh cryste souerayne treuth xi qōe .iij. abijt Yf prestes or dekenes be taken with false wytnesse berynge they sholde be thre yere suspended from theyr offyce do harde penaūc v. q̄ .vi. quis in fine Euery false wytnesse sholde do .vij. yere penaunce xxij q̄.v.si qis And by the lawe he is vnable to euery offyce laful dede of ony worshyp worthy to lese his goodes and to be beten harde chastysed punysshed and the same payne is he worthy that bryngeth men wyttyngly to bere false wytnesse xxij.q̄.v.si qs se And as the lawe sayth there he sholde faste .xl. dayes in brede water and .vij. yere folowynge do harde penaunce neuer after
be without penaunce or sorowe and contrycyon for his lynne And all that were assentynge to false wytnesse to periurye sholde do the same penaūce Ibidē The wordes of wytnesse sholde be taken to the beste vnderstandynge mooste benygne Extra li. ij.ti de testibus ca. cū tu The wytnesse that ayensayth hymselfe is of no credence Extra li. ij ti.de ꝓbacionibs ca. licet Men sholde stande to the fyrst speche that man or woman sayth in his cause yf he varye an other tyme e. ti per tuas Yf the wytnesse by dystraccōn saye amys it is leful to hym anone to amēde his speche but yf he abyde with an Interuall though he chaūge his worde amende it he shall not be accept ne herde Extra li. ij.ti de testibus cogendis ca. preterea Wytnesse in dome sholde not be herde ayenst hym that is absent but he were obstynate and wolde not come Extra de testibus ca. ij He that sayth fyrste the treuth muste be taken for one wytnesse e.ti. in omni Yf a man haue sworne to the partye not to bere wytnesse of the treuth with the other partye his othe is vnlefull And therfore not withstandynge his othe he may bere wytnesse of the treuth e Intumauit Noo man shall bere wytnesse to an other in his cause yf he haue the same cause or ony lyke that to spede for hymselfe For suche a persone is suspecte that he wolde do fauoure to an other mannes cause to haue hym fauorable to hym in his cause e.ti. personas Noo mannes wytnesse shall be resceyued in dome in preiudyce of an other but yf he swere though the wytnesse be a man of relygyon e ti nuꝓ The honeste the worshyp of the wytnesses is more to charge than the multytude e ti in nostra For to dyscusse yrre gularyte of bygamye both lewde mā lewde woman maye be taken for wytnesse e ti tam is Seke folke and poore folke may not be compelled to come byfore the Iuge to bere wytnes But the Iuge may sende to them wyse men to wyt of them the trenth e ti si ● Euery man woman sholde hate false wytnesse for god hateth false wytnesse as Salomon sayth Deus odit testem fallacem Prouer .vi. Aud euery lyer is a false wytnesse full of gyle And the sodayne wytnesse dysposeth ordeyneth a tonge of lyenge For he y● is redy to bere wytnesse byfore he be auysed he dyspeseth hȳ to lye Prouer .xij. But as Salomon sayth The false wytnesse shall not be vnpunysshed and he that speketh lesynges shall perysshe Prouer .xix. Ferthermore leue frende ye shall vnderstande that ther ben thre maner of wytnesses Caplm .xiij. THer is a wytnesse aboue vs y● knoweth all and may not be dysceyued that is god that seeth all and he shall at the daye of dome be to vs both Iuge wytnesse Ego sum iuder et testis I am Iuge and wytnesse sayth our lorde god Ieremie .xxix. And Iob sayth In heuen is my wytnesse and he that knoweth all my coūseyll is aboue in hyghe And ther is a wytnesse within vs that is our conscyence For as saynt Poule sayth Oure Ioye is wytnesse of our conscyence And ther is a wytnesse without vs y● is our neyghbour all creatures y● shall bere wytnesse ayenst vs at the dome byfore the hyghe Iuge but we amende vs by tyme deme wel our selfe For Moyses sayd Testem inuoco celū et terrā I calle heuen and erthe to wytnesse y● yf ye make to you ony lykenesse or ymage to worshyp it and breke goddes lawe ye shall soone perysshe Deutro .iiij. And in an other place he sayth thus I calle heuen and erthe to wytnesse that I haue sette byfore you lyfe and dethe good and euyll blessynge and curse And therfore chese the lyfe that ye may lyue and loue your lorde god and obeye to his voyce and clyue to hym by fayth and loue for he is your lyfe and lengthe of your dayes And your herte be tourned awaye from hym and ye wyll not here his lawes but worshyppe false goddes I saye to you byfore that ye shall soone perysshe Deutro .xxx. And therfore leue frende yf we wyll be syker at the last dome come sykerly byfore our souerayne Iuge that knoweth all we muste deme well our selfe in this worlde For saynt Poule sayth That yf we demed well our selfe dyscussed well our lyfe we sholde not be dampned Pri ● ad Corum .xi. ¶ Diues How sholde we deme our selfe ¶ Pauper As the glose sayth there Thou shalt be thyne owne domesman Thy seete shall be thyne herte and set thy selfe gylty byfore thy selfe domesman Thy thought thy conscyence shall be thy two wytnesses for to accuse the Thy tourmentours sholde be drede and sorowe that in maner sholde she we thy blood by wepynge of salt teeres whan by wytnesse of thyne owne conscyence and of thy thought thou haste demed thy selfe gylty and not worthy for to come to goddes borde ne to heuens blysse And there sayth the glose That sekenesse feblenesse and sodayne deth falle comonly after Eester amonges the people For men in Eester resceyue vnworthely goddes flesse his blood Ideo multi infirmi et imbecilles et dormiunt multi s per mortē Prima ad Corum .xi. But for euery man is fauourable to hymselfe and to his owne cause therfore thou shalt haue with the two assessours by whose coūseyll thou shalt deme thy selfe and tho shall be treuthe and reasone Take with the treuthe that thou make no false excusacyon of thy synne Ne lye thou not for to excuse thyselfe ne for to excuse thyselfe falsely ne to greuously but as thyne other assessour reason wyll accorde And yf tho two wytnesses y● is to saye thy thought and thy conscyence suffyse not to bere wytnesse ne to ful enfourme the of thy synfull lyf Take to the the thrydde wytnesse that is thy fayth And soo lete thy dome stande in wytnesse of two or of thre And fayth sayth thus Fides sine operibus mortua est Fayth without good werkes is deed For alle though you byleue as a crysten man but thou lyue as a crystin man ellys thou art deed in soule and worthy to dye without ende Fayth that fayleth in worde and in thought is deed and helpeth not to blysse And anone conscyence and mynde shall accorde to hym and saye thus He that vseth amys his free wyll that he dye it is reson without remedye sauynge goddes mercy And take hede that thy clergy may not saue the. For holy wryt and clergye saye Anima peccatoris mor●etur The soule of the synner shall dye Also thy clergy may not saue the yf thou be in dedely synne For thou art bygamus and twyus wedded Fyrste to cryste in thy baptym after to the fende by assent to synne And so thou art wydowe fro cryste wedded to an other wydowe that is the fende forsaken of god
glotonye in pryde pletynge in mysuse at the dyce in ryot in vanyte Suche poore folke ben laste in the ordre of almesse doynge but theyr nede be the more And nathelesse yf they haue pacyence with theyr pouerte they shall haue mede for theyr pacyence yf they repente them for theyr mysdedes And in y● same maner some ben feble blynde lame for goddes cause for goddes loue Some ayenst theyr wyll by course of kynde Some ayenst theyr wyl for loue of synne as theues fyghters baratours whiche in fyght barett lese theyr eyen theyr feet theyr hōdes ofte ben punysshed by the lawe God forbede y● suche poore folke blynde lame sholde be put in y● ordre of almes doynge byfore them y● be poore feble by vertue for goddes sake Suche shal be holpen not to lust of theyr flesshe ne to do them worshyp but only to saue theyr kynde tylle the dome of god passe vpon them by processe of lawe by goddes mynystres ¶ Diues Moche folke thynke y● it is none almesse to do good to suche folke ꝓauper Yes forsoth For god wyll y● men helpe them and at the dome he shall saye I was in pryson ye vysyted me y● ye dyd to the leste of myne ye dyd it to me ¶ Diues Saynt Austen de ●bis dnī sermone .xxxv. sayth y● god shal saye y● wordes to theym y● be poore in spyryte lowe of herte y● suche ben called the brethern of cryste leste for lownesse by whiche they sette leste by themselfe ¶ Pauper They ben no folke poore in spyryt but they y● be poore for goddes sake And saynt Austen sheweth there so y● god shal accept more the almesse that is done to them that ben poore for goddes sake than to them y● ben poore ayenst theyr wyll for synne sake whiche conclusyon al though it be soth yet me thynketh that cryste shall saye tho wordes for the almesse that he hath done to all maner poore men bothe parfyght vnparfyght For than he shall yelde mede for euery good dede For why wycked doers synful poore men ben called the leste of goddes menye for they be leste sett by in the courte of heuen And therfore he sayth in the gospell that who so breketh one of his lest cōmau demētes techeth other by worde or by euyll example so to breke his cōmaūdementes he shall be called lest in the kyngdom of heuen God shal shewe at the dome grete pyte moche mercy what thynge that is done for his sake to his enemyes to his leste seruaūtes moost vnworthy he shal accept it rewarde it as it were done to his owne persone saye I thanke you for that ye dyde to the leste of myne ye dyd it to me ¶ Diues Why shall he calle them brethern y● be leste worthye many of theym to whom the almesse was done shall be dampned ¶ Pauper Er he shall gyue the sentence of dampnacōn he shall calle al men brethern for lykenesse of kynde For in y● he is man he is brother to vs all by lykenesse of kynde but not by grace ne by blysse but only to them y● ben in grace Than the meke Iuge shall calle al men brethern to confort of them that shall be saued to grete dysconfort to them y● shall be dampned whan they shall see the meke Iuge not forgete the brotherhede ne lykenesse in kynde whiche he hath with them and yet catched in maner cōpelled by his ryghtfulnesse to dampne theym Grete mater shall they haue than to syghe sorowe whan they shall knowe theyr synnes so greuous so grete theyr vnkyndenesse soo moche that ther owne brother so meke a Iuge muste dampne them ¶ Diues This opynyon is more pleasaūt to ryche men to other synfull wretches y● hope than to be holpen by almesdede For in many countrees ben but fewe poore folke in spyryte ne by theyr wyll Fewe y● forsaken the worlde for goddes sake but many ther be that the worlde hath forsaken many y● for synne sake ben full poore many for theyr mysdedes lye bounde in pryson in grete pouerte hongre colde bytter paynes And to suche folke in many contrees men doo moost comonly theyr almesse in hope to be thāked rewarded therfore att the laste dome ¶ Pauper They shal be thanked be meded therfore as I sayd fyrste sythen cryste ryghtful Iuge shal than thanke men for theyr almesse y● they dyd for his loue to his enemyes wycked doers as many suche ben moche more he shal thanke them for theyr almesse that they dyd to his frendes to his true seruaūt● And sythen they shal be dampned that wolde not gyue to his enemyes at nede for his sake moche sooner shall they be dāpned the wolde not helpe his frendes his true seruaūtes at nede for his sake that put themselfe for his loue to pouerte moche trauayle for helpe of mannes soule And yf it be so plesaūt medefull to gyue almesse to suche poore folke forsakynge the worlde of whiche many neyther shall be resceyued in to endlesse tabnacles of blysse neyther shall resceyue in to that blysse moche more it is plesaūt to god me rytorye to helpe them that ben poore in spyryte in wyll for the loue of god For as cryste sayth in the gospell the kyngdom of heuen is theyrs it is graunted to theym to resceyue folke that haue holpen them in to endelesse tabernacles Caplm .xv. ANd therfore leue frende wytt ye it wel that yf man or woman haue more wyl to gyue to thē that ben poore ayenst theyr wyl for the loue of synne than for to gyue to them that ben poore for goddes sake for goddes cause they synne greuously lese the mede of theyr almesse in that they put goddes enemyes byfore his frendes vyce byfore vertue And therfore ye shall releue all the poore nedy as ye maye but pryncypally them y● ben nedy poore for goddes sake by waye of vertue For yf ye leue by false opynyon the more almesse for the lesse whan ye may do both in good maner ye lese both mede for the more for the lesse Therfore saynt Austen sayth thus Thou shalt not do to y● poore prechour of goddes worde as thou dost to the begger passynge by the waye To the begger thou gyuest for cryste byddeth the that thou gyue to eche that axeth the. But to the poore prechour thou oughtest to gyue though he axe the not And therfor loke that the poore prechour goddes knyght nede not to axe the. For yf he nede to axe for thy defaute thy defaute and thy lacchesse he sheweth the dampnable or he axe And ryght as it is sayd of the begger that seketh the gyue thou euery man that axeth the so it is sayd of hym y● thou oughtest to seke Let thyne almesse swete in thyne
honde tylle y● fynde hym to whome thou muste gyue Gyue thou to euery man y● axeth the but moche rather more gyue to goddes seruaūt● to y● knyght of cryste though he axe not Hec augustinꝰ et ponit in glosa suꝑ illud p̄i Producens fenū iumentis And therfore sayth the lawe that who so wyll not gyue almesse to men that folowe the lyfe of the apostles in pouerte to the poore prechoures for theyr nedefull vse he dampneth hymselfe .xvi. q̄ .i. aplicis For as the apostle sayth it is due dette to y● poore prechour of goddes worde to lyue by his prechynge Therfor Raymūdde hospitalitate ordinand sayth that some axe almesse of dette some only for nede to susteyne the bodye They that axe almesse of dette eyther they be knowen for suche or not knowen for suche Yf they be knowen for suche they muste nedes be holpen Yf they be not knowen they shall be examyned wysely whether it be as they saye For it were grete peryll to lette them yf it be so For in that they gyue goostely thynges bodely thynges be due dett to them as saynt Poul sayth and the lawe .xlij. dist quiescamus And yf they axe only for sustenaunce of the bodye eyther thou myght gyue all for stede tyme eyther thou myght not gyue all Yf thou mayst gyue all thou owest to gyue all after the nede that they pretende after theyr astate well ruled Take exsample of Abraham and Loth whiche resceyued folke Indyfferently to hospytalyte so they resceyued angels And yf they had put some awaye peraduenture they sholde haue put awaye angeles for men As sayth Crysostom suꝑ eplam ad Hebre. Therfore he sayth that god shal not yelde the thy mede for the good lyfe of them whiche thou resceyuest but for thy good wyll for the worshyp y● thou dost to them for goddes sake for thy mercy thy goodnesse And therfore the lawe sayth that men ought to gyue theyr almesse to cursed folke to synfull folke be they neuer so wycked .xi. q̄ .iij. qm̄ multos et di lxxxvi pasce ● nō satis in fine But they do the worse for that they ben syker of theyr lyuelode For as saynt Austen sayth yf the synner do y● worse for mennes almesse it is better to withdrawe it from him than to gyue it hym .v. q̄ .v. nō●nis Nathelesse yf he be in vtter nede he muste be holpen di lxxxvi pasce Caplm .xvi. ANd in case whan thou mygh not helpe all thou muste take hede to ten thynges To fayth cause place tyme maner nede nyghenesse of bloode of affynyte age feblenesse nobley Fyr c take hede to fayth for in caas thou shalt put a crysten man byfore an hethen man Also take hede to the cause of his nede whether he is come to nede for goddes cause or by cause of synne Take hede also to y● place as whan y● ryght full man is tourmented in pryson for dette helpe hym yf thou may For sythen we be boūde to helpe all yf we may moche more we be boūden to helpe the ryghtfull man woman Also take hede to the tyme for yf he gete no thynge of the in tyme of his trybulacyon in tyme of peryll whan he is led to his deth vnryghtfully but thou settest more by thy moneye than thou doost by his lyfe it is no lyght synne Also take hede to the maner of gyuynge that thou gyue soo one daye that thou may gyue an other daye so to one that thou may gyue to an other but thou wylt forsake the worlde all at ones for goddes sake for perfeccōn Also take hede to nede gyue them after that they haue nede Also take hede to nyghenesse of bloode and of affynyte for by waye of kynde they muste be holpen rather than straungers yf the nede of both be euen Also take hede to age for olde folke muste be put byfore yonge folke Also take hede to the feblenesse for blynde lame other feble folke must be holpen rather than hole folke in euen nede Also take hede to the nobley of the persone namely to them that with out synne ben fallen to pouerte myscheef for comonly suche ben shamefaste to axe dist .lxxxvi. Non latis Et eadem dicit Ambro .li. de officijs Vnde vsus Causa fidem tempus sanguis locus ac modus etas Debilis ingenius vericūdus factus egenus Hijs bona ꝑsonis prudens erogare teneris And saynt Austen accordeth therto in de doctrina xpiana li. i. ca .x. ¶ Diues I suppose that I mette with two poore men straūgers alyke nedy both they axe I haue nought y● I may gyue but only to the one of them ¶ Pauꝑ Saynt Austen in the same place byddeth y● thou sholdest than gyue it by lot ¶ Diues I assent saye forth what thou wylt ¶ Pauper Also in thy gyuynge thou muste take hede to the holynesse to the profytablenesse the nyghenes of the persone y● nedeth helpe For to the holyer man to hym y● is or hath ben more profytable to the comonte yf he nede thou shalt gyue rather better than to a persone nyghe of kynne or of affynyte not so holy ne so profytable but thou haue the more specyall cure of hym but he be in the greter nede Also to them y● be poore for crystus sake to the poore prechours that preche pryncypally for the worshyp of god helpe of mannes soule puttynge awaye all spyces of false couetyse thou shalt gyue them that is nedefull to them after y● tyme after thy power as to dyscyples of cryste But to other poore folke y● ben poore ayenst theyr wyll whiche the worlde hath forsaken not they the worlde it suffyseth to gyue of thy relyf honeste holsome for it is synne to gyue deyntees to suche poore comon beggers whan they ben not conuenyent to them As the lawe sayth di .xxv. vuū S. multi et di .xli. Non cogant Of other poore men speketh saynt Austen in a sermone of clerkes lyfe sayth thus Yf the riche man haue but one childe we ne he y● cryste be his other childe yf he haue two childern wene he that cryst be y● thyrde Yf he haue ten make cryste the enleuenth that is to saye gyue he to cryste y● he sholde spende on the enleuenth .xiiij. q̄ .ij. si ●s trascit And thus leue frende ye may see that riche men whiche be goddes reues goddes bayles owe to ordeyne for them that ben poore for goddes loue wylfully haue forsaken the worlde for his sake that they haue no nede But to comon beggers to nedy folke whiche the worlde hath forsaken it suffyseth so to helpe them to gyue them y● they perysshe not Also leue frēde as saynt Austen sayth in the boke of the Cyte of god li .xxi. ca .xxvi. They that wyl not amende ther lyf
helth of saluacyon as sayth the glose hope to haue the maystrye of our enemyes by the helpe of god and heuen blysse to our mede for our fyghtynge and for our trauayle For ther wyll no man put hym to laufull fyght but in hope to haue the maystrye mede for his trauayle And as the basynet well arayed is clene furbusshed from ruste made slyke and smothe that shot may soone glyde of it is hyghest of all armure goynge gaderynge vpwarde in to a smalle poynte so muste our hope our trust pryncypaly go vp to god and not set our hope ne our truste to moche in mannes myght ne in erthely helpe whiche is but ruste wastynge the basynet of hope that we owe to god Therfore sayth the prophete Ieremye Cursed be the man that trusteth in man in flesshely myght letteth his herte go awaye fro god And blyssed be that man whiche setteth his hope his truste in our lorde god Ieremie xvij Also saynt Poule byddeth that we sholde take with vs rerebras and vanbras gloues of pla●e that is t● saye good occupacyons besynesse in good werkes And therfor he byddeth vs wake in all maner besynesse of gode werkes For as the wyse man sayth Eccl .xxxiij. Ydelshyp slouth is cause of moche wyckednesse For an ydel man lustles is lyke a man hondeles wepenles amonge his enemyes lyke a man in batayll with naked armes hondes whiche for nakednesse for defaute of armure leseth bothe arme honde Also we muste do aboue the Iacke or the acton of charyte For as the Iacke is softe nesshe and by his softenesse nesshenesse softeth feynteth all strokes that cometh there ayenst soo charyte softeth feynteth all the dentees of the fendes temptacōn Therfor saynt Poule sayth that charyte suffreth all thynge pacyently maketh euery trauayle softe and bereth al thynge easely Omnia suffertoi a sustinet .i. ad Corum .xiiij. And therfore sayth the glose there that charyte pacyence benygnyte with compassyon of others myscheef ben the pryncypall armure y● longeth to crysten people This Iacke of charyte is betokened by the cloth of cryste without seme all wonne aboue in to one whiche in tyme of his passyon the knyghtes wolde not kyt but kepte it hole cast lott who sholde haue it hole In token that euery good knyght of god sholde be besy to arme hym with the cloth the Iacke the armure of charyte trauayle to saue peas and vnyte make no dyuysyon For the ende of euery batayle sholde be peas and to y● ende for none other men of armes sholde trauayle fyght as saynt Austen sayth Thus leue frende I prayr you that ye arme you in goostly armure as goddes good knyght For though ye be not able to bodely batayl ye be yet able to goostly fyght In that that ye be crysten ye be crystus knyght ordeyned to fyght in this gostly batayle yf ye wyll be saued And therfore a●me ye you well as I ha●● now sayd and gyrde ye you with the swerde of goddes worde by whiche ye sholde defende you from all goostly enemyes For as the swerde perseth kytteth maketh separacōn so goddes worde prechynge techynge redynge of goddes worde of goddes lawe perseth mānes herte womans maketh separacōn bytwene synfull soules theyr synne departeth atwynne wycked company maketh separacōn of mannes herte from erthely couetyse Therfore cryste sayth that he cam not to make synful peas but to sende swerde of separacyon in erthe to destroye wyked peas y● men haue in theyr synne Therfore leue frende as goddes good knyght gyde ye you with this swerde of goddes worde that is to saye fastne ye it wel in your herte by herynge redynge by techynge by dede doynge and than take ye to you the spere of crystus passyon thynke how he was smyten to the herte for your sake with that sharpe spere his syde opened his herte clouen a two to shewe you how moche he loued you And than he shedde out his herte blood water in token that yf he hadde had mo●● blood more he wolde haue shedde for your loue Moreouer ye shall vnderstande y● in bodely fyght a man must chese hym a good groūde a playne place to fyght in For it is not good ryghtynge in myres ne amonge corn in slydre waye pytty groūde ne in stoble groūde And therfor saynt Poul by ● deth vs stande in treuthe equyte that in all our doynge we loke to our groūde our cause be true rightful cler●e clene make no stryfe in vncertayne Also a wyse knyght in his fyght wyll take with him y● hylle the sonne wynde yf he may so muste we in gostly fyght take with vs y● hylle of holy lyuynge y● we may saye with y● apostle Nrā●uersacō in celis ē Our lyuynge conuersacōn is in heuens in heuenly thynges And therfor saȳt Poul byddeth vs stande perfyte in al thynges Also we muste take with vs in our fyght the sonne y● lyght of goddes grace the ▪ wynde of holy prayer And therfore saynt Poul byddeth vs praye in euery tyme alwaye by all maner prayer besechynge in y● holy goost that is to saye with the grace of the holy goost In this maner leue frende arme ye you in goostly armure dyspo s e ye you to gostly batayl ayenst al goostly enemyes gouerne ye well your horse of your bodye as I haue sayd Lete it not be to feble by ouerdone abstynense tranayll ne to wylde by ouerdone rest by glotony by l●̄chery by wycked desyres of y● flesshe euyl wylles for in caas suche wycked wylles desyres ben dedly synne in goddes syght ayenst this last cōmaūdement Therfore Dauyd sayth that god preued knoweth mānes herte his lendes that is to saye god knoweth mānes wyl his lust For he knoweth more verely y● thought of mēnes hert wymēs than ony man may knowe y● others werkes He seeth knoweth al thynge therfore suche as man or woman is in hert in soule in wyl suche he is byfore god that knoweth both bodye and soule Caplm .vij. NOw leue frende I haue in parte declared you the .x. cōmaūdementes by whiche ye muste gouerne your lyfe yf ye wyll be saued For cryste sayth to eche man woman Si vis ad vitam ingredi serua mandata Math .xix. Yf y● wylt entre euerlastynge lyfe kepe goddes cōmaūdementes And therfor do ye as Salomon sayth Deū time et mandata eius obserua hoc est ois homo Eccl vltimo Drede ye god kepe his cōmaundementes this is euery man woman For as moche as man or woman pleseth god by kepynge of his byhestes so moche is he in goddes syght And as moche as man or woman is in goddes syhht so moche he is