is to vnderstonde prouffytably faythfully and with perseueraunce is euer more fynally exalted of our lorde prouffytably that is to demauÌ„de the thynge that is vnto the glorye of god vnto the saluacyon of the soule Faythfully that is whan he the whiche maketh the oryson hath true fayth hope and charyte towarde god with â—â—â—gâ— dico vobis petite dabor vobis qÌ„â—ite iuenietis puisate a ê‘ieâ— vobis Petitis et non accipitis eo quam male petatis ia perseuerauÌ„ce whan the prayer the affeccyon and good lyfe and good operacyon perseueren and it it is that yâ—our lorde sayth in the gospell axe seche and knocke axe by prayer seche by affeccyon and knocke by good operacyon for all those that soo done shall receyue that that they wolde many maken De penÌ„ d. iiii capÌ„ CaueÌ„dum dâ— si diuesille aliqd bonuÌ„ noÌ„ egisset vnÌ„ iÌ„â—â—ti seculo remuneracoÌ„em recepisset ne quaquam abrahaÌ„ ei diceret recepistis bo na iÌ„ vita tua AbuÌ„daÌ„t tabercula pÌ„do nuÌ„ iob xii IteÌ„ pÌ„s Ecce iÌ„pu pctoÌ„res habuÌ„daÌ„tes iÌ„ sâ—l â–ª obtinueâ—t diuicias psal lxxii Deus oraÌ„tibusne â—at ê“â—icius â— coÌ„â—â— dit alus â—bus merito eÌ„iratus xvi q. i. ReuertuniÌ„ tpÌ„alia ê“mittuÌ„tur his â— decimas soluuÌ„t lâ—cet sin in pctoÌ„ prayers oblacyons pylgrymages processyons the whiche god exalteth not be it for hym selfe or for other for they haue not the condycyons before sayd As vnto the regarde of goodes and prosperytes temporall the whiche many demauÌ„den and requyren in theyr prayers happeneth oftymes that god them graunteth vnto grete and horryble synners and in hydynge it vnto his frendes the which ben in the estate of grace so as it appereth of the cursyd ryche man vnto whome Abraham answered after the deth Remembre the that god the rewarde of thy goodes as thou haste done in the other worlde And therfore sayth Job that oftymes that the uys people of euyll lyfe haue abouÌ„dance of godes of this worlde for god grauÌ„teth oftymes the godes worldly vnto those agayne whome he is wroth gyueth aduersytes and trybulacyons vnto those the whiche that he holdeth in his loue In lyke wyse as he sayth by saynt JohnÌ„ in his appocalypse These holy scryptures vnto vs declaren in many places ryght playnly what condycyons and cyrcuÌ„stauÌ„ces true prayer ought to haue amonge the whiche there are thyrty specyalles of the whiche agayÌ„ the forme of this treatyse folowen the auctorytes lyne by lyne after theyr ordre with the frensshe ¶ The fyrste condycyon of prayers is that she ought to be made in true fayth Miserere meâ—deus quontam in 〈◊〉 confydit anima mea Secondely with grete hope without doubte Jacobi Postulet in fide nil hesitans de hoc xxiiii q. ii ss ii Citius exaudâ— a deo â—â—ohuÌ„â—liantis â— decâ— milia contâ—â—â—ris aug Thyrdly prayer ought to be made with humylyte Eccle. xxv Oracio humiliantisse nubes penetrabit Fourthly with dyscrecyon without the whiche she is not vnto god pleasaunt Mathei xx Nestitis quid potatis Et ia iiii petitis et non accipitis eo quam male potatis Fyfthly more of the herte than of the mouth in multyplyenge i. reg i. Anna loquebatur in corde suo et vox penitus non audiebatur Syxtly with reuereÌ„ce in humylyte in fere luce xviii Publicanus non audebat leuare oculos suos ad celum Seuenthly she ought to be made secrete and in place pryue Mathei vi Tu auteÌ„ cum oraueris intra cubiculuÌ„ tum et clau so ostio ora patrem Eyghtly in poornes of herte of coÌ„scyence pÌ„s IniquitateÌ„ si aspexi i corde meo noÌ„ exaudiet dnÌ„s Nynethly with terys at the lost spirytuall cordyal Audiui oracioneÌ„ tuaÌ„ vidi lacrimas tuas et ideÌ„ tho Tenthly with atteÌ„cyon vnto the whiche a man speketh and that demauÌ„deth pÌ„s InteÌ„de voci oracoÌ„nis mee rex meus deê° meê° c. ergo et tu atteÌ„de Enleuenthly with grete feruour of spyrite hie xlviii Maledictus â— facit opus dei neglygenter Tweluethly she ought to be accompanyed with gode and holy werkes Tho. xii bona eÌ„ oracio cuÌ„ ieiunio Et Mathei v. Beati misericordes Thyrtenthly with perseuerauÌ„ce as from daye to daye froÌ„ good vnto better Actum apostolierant perseuerantes cuÌ„ mulieribus et maria matrem eius By these thynges before sayd appereth the necessyte the noblesse and the prouffyte of the true oryson for as sayth JohnÌ„ Crisostum we shall speke and may spede with god by holy oryson as oftymes as we wyll in marchaundysynge and in askynge all the thynges the whiche vnto vs be necessarye and prouffytable and in this fayth I requyre the mercy of the blyssed swete Jhesus as well for me as the necessyte with all oure moder holy chirche that it hym please vs to pardon and vs to reforme and to brynge in the true obseruauÌ„ce of his blyssed coÌ„mauÌ„dementes and of his holy grace and benedyccyon by the merytes of oure lady his gloryous moder and of all other blyssed sayntes oure poore soules yllumyne to the ende that fynally we may come vnto his blyssed fruccyon amen ¶ Here foloweth a ryght prouffytable applicacyon of the arte of a phesecyan with the practyse the whiche the phesecyan spyrytuall ought to holde with the interrogacyons that a man ought to make vnto hym the whiche is in the artycle of deth Caplm xxvi AS for to seche and conserue the lyfe helth corporall many stodyen ryght desyrouslye as well the theorique as the practyser of the arte of phesyke by more greter reason of as moche as the soule is more noble than the body and the lyfe of glorye more dygne than teÌ„porall euery true crysten man sholde studye in the scyence by the whiche he may purchase and conserue in his soule the lyfe of Inuâ—sibilia enim dei a creatura muÌ„ di ê‘ ea â— facta suÌ„t iÌ„ tellâ—eta coÌ„spiciuntur romÌ„ i. ca. â–ª grace without the whiche a man may not come vn to lyfe eternall And therfore to the ende that we may know and eschewe synne the whiche is the syknes of the soule and the cause of deth eternall foloweth brefe recolleccyon of the arte of physyke spyrytuall founded in the twelue rules of the scyence of physyke corporall for in lyke wyse as vs techeth the ryght gloryous apostle saynt Poul by yâ— meane manduccyon of thynges corporalles sensybles a man may come vnto the contemplacyon of spyrytualles And therfore vnto vs hath gyuen the swete Ihesu cryste the true saumarytayn and physycyans of oursoules the physyke of his holy sacramentes vnder the forme of thynges corporall in fere who answereth as well of the syknes as of the medecyne and also as of the syke body For for asmoche that for the occasyon of the fyrst synne was the etynge of the apple the whiche was a thynge corporall Ihesu cryste vnto vs hath gyuen
and knowynge that no man hym wyll do that pleasur he cometh vnto Petyr vnto hym she wynge his necessyte by the whiche he is dysposed to selle hym xl shelynges of rente vpon his herytage by suche condycyon that tyll vnto the terme of seuen yeres as many tymes and as often that he shall yelde the somme lent that is an hundreth crownes Peter is hounde hym to delyuer his herytage In suche cases and semblables the intencyon and the condycy ons of the seller and of the byer sholde be weyed consydered for yf the seller hadde not intencyon that these .xl. shelynges sholde abyde for euer vnto the byer the whiche entencyon the byer knoweth or vnto hym it is very semblable by some meane Also of his party he wylled and desyred that the contracte were made vnder the forme of sale and not of wynnynge vnto yâ— that without knowlege of vsury his hundreth crownes he may purchase vpon hym of suche contracte and semblable may a man say that it is a wulfe couerde with a shepes skynne That is to knowe 〈◊〉 vsury the whiche cometh of wnnynge hyd specyally whan the seller was indygent or nedy and a persone dygne of mercy For in suche case the somme taken lened by cause of the sayd sale is suche that he sholde rebate as many tymes and as often as the seller shall yelde his money In this mater to dyscende vnto all cases condycyons and cyrcumstaunces in partyculer for to Juge certaynly that there is vsury and deedly synne or venyall it is a thynge ryght harde withoute the grace especyall of god for the malycyous auaryce of erthely people hath so many founde of eauil lacyons that with grete payne there may go out of the waye all the moost gretest and moost yllumyned doctours for the whiche cause I passe ouer froÌ„ my other cases partyculers Also it is holden for a rule generall as to lene money it may be done in fyue maners The fyrste lyberally without ony in tencyon of ony retrybucyon corporall or temporal ouer the somme gyuen and that maner is good and charytable Secondly with suche condycyon that he the whiche receyueth that londe of money in marchaundysynge vnto the halfe of losse or of gayne and suche contracte may well be made and he the whiche hath lente may receyue a more greater somme than he hath gyuen But for the condycyon of persones or for the aduersyte of the intencyon of auaryce â–ª or of other he there may haue lettynge Nota Thyrdly in puttynge the chatell that is the somme gyuen in certaynte and the gayn in certayne that is to vnderstande that lese or wynne he yâ— whiche receyueth vnder suche forme he shall yelde alwayes the sayd soÌ„me and yf he wynne the bayllye takyth auantage here is vsury manifeste Fourthly vnto the contrarye of this laste case That is to vnderstande in puttynge the gayn in certayne and the chatell vnder incertayne as for An example I lene the an hondreth crownes wher with thou shalte marchaundyse at my pareyll with all the somme by suche wyse that after a yere or another â—erme thou shall yelde me syx crownes or .x. or mo or lesse and yf thou lese by fortune the sayd hondreth crownes vpon me it is al and yf it be sauyd he it shall yelde with the somme spoken suche contracte is full of vsury after the ryghte the cause is suche for the hope that suche a lener hath more is more to wynne than lese Fyfthly in puttynge the gayn and chatell in certayne as for an example I lene the an hundreth crownes by suche wyse that after the yere paste thou me shalte yelde an hondreth .x. here is vsury manyfeste vnto these v. maner to lene may be broughte all these other But more ouer these doctours make a questyon yf A questyon it be lawfull in ony case to receyue ony thynge because of the lone It is lawfull in fyue maners The answâ— Fyrst a man may well receyue a thynge spyrytual as is the lone the good grace of hym vnto whome he hath lente Also yf of free wyll he gyueth ony thynge or it may receyue so that the lone hath not be made to suche intencyon Secondely by reason of dysdaÌ„mage as yf the lone hath ben made vnder a certayne payne it for to yelde at a certayne tyme and that by the defaute of that for to do the lender were in dammage without ficcyon in this caas he may for by cause of the dysdaÌ„mage take the sayd payne with his pryncypall yf that the sayd payne were not excessyue and vnreasonable Thyrdely by reason and cause of the doubte vnto the whiche the lender is submysed in lyke wyse as it appyreth in the seconde caas of the notable before sayd in lendynge vnto the halfe of losse or of gayns Fourthely by reason of the dammage that he renneth in the whiche lended by cause of the sayd redy As for an example At your grete request I lende you an hondred crownes for a yere in the whiche after god and good conscyence I shall be in dammage in the somme of ten or twenty crownes Than yf he the whiche borowed seeth that it sholde be better vnto his prouffyte to take the sayd somme and to restore the daÌ„mage of the lendynge he it may do the other it receyue ouer the pryncypall for to kepe hym to recompense hym the daÌ„mage Fyfthtly by reason of the hyre of a thynge the whiche he may hyre as oxen horses and other thynges that a man may receyue some tymes more in valour that they were at the tyme of the hyre and with the hyre But for to receyue more than a man hath lente in ony other maner wyse than here before hath ben sayd or done ayenst the coÌ„maundement and a man selleth the thynge imprecyable and the whiche proprely may not be solde That is to vnderstande the pleasure the charyte that euery creature ought vnto his neyghbour as well by the lawe of nature as by the lawe of holy scrypture the whiche lawes all other ben they Canons or Cyuyles defenden the synne of vsurye Also yf ony gyne olde corne or other thynge semblable for to renewe it hauynge intencyon pryncypall that the newe shall be more worth and elles he wolde not gyue it he coÌ„mytted vsurye But yf he do that pryncypally to the intente that his thynge perysshe not or for to do a pleasure vnto his neyghbour or in trewe semblable doubte yf that the thynge be more worthy or lesse at the tyme that it shall be yelded agayne in suche a caas it is none vsurye The payne of vsurers publysshed is suche that they ben excoÌ„munycate of ryght wherfore the holy chirche defended that vnto suche there be not gyuen the precyous body of Jhesu cryste Also that theyr oblacyon be not receyued in the holy chirche Also that after theyr deth theyr bodyes ben cast in a voyde grounde and not receyued in the
yf he hath not gyuen ayde comforte to the poore yf he hath ben excessyue in salarye be it sayd as of the aduocate Also as vnto bayllyfes notaryes yf he hath done treason in his offyce as in falsefyenge a good lettre or not wyllynge to shewe lettres certaynes or regystres or hath not wylled to teche in lyke wyse as he sholde or hath taught that that he sholde not or hath ben ignorauÌ„t to regestre or to endyte by the whiche cometh often processe debates by the whiche the partyes rennen in grete daÌ„mages or hath ben neclygent or slouthfull for to spede yelde his actes In all these thynges he there may haue mortall synne is holden to restore the daÌ„mages the whiche ben come by his defaute If he hath passed the testamentes of those that were not in dysposycyon of power to make a testa ment as ben those the whiche haue not the vsauÌ„ce of reason or other lettynge lawfull it is mortall synne is holden to dysdaÌ„mage the partye If he hath not kept the solemnyte requysyte as wytnesses of othes these other thynges the whiche ben of ryght he breketh his othe syÌ„ned mortally more ouer is holden to restore the daÌ„mages that folowen If he passe the testament of an vsurer or symonyacle he is forsworne synned mortally If he be suffycyantly waged in courte or in coÌ„munyte that not with standynge he taketh salarye of the partye or yf he be waged yf he be excessyue in salarye or wryteth on the festes or holy dayes by auaryce to gete without necessyte suffycyante he there may haue mortall synne If he hath spoken or wryten statutes ayenst the lybertees of the chirche ouer the mortall syÌ„ne he is excoÌ„munycate If he be notarye of the bysshop waged suffycyantly that not with standynge he taketh salarye for these lettres of ordres he is symonyacle in lyke wyse in losse gaynse in the moneye that the bysshop taketh by symonye If ony doctours in lawes or in physyke hath receyued in his scoles lectures wyttyngly relygyous or preestes seculers or other clerkes in offyce of dygnyte of the chirche as well he as the sayd scolers ben excoÌ„munycate Also what so euer doctour that receyued wyttyngly any relygyous that whiche hath not lycence of his prclate is excoÌ„munycate Also yf he hath made paccyon to rede by suche wyse that a man vnto hyÌ„ shall gyue a chauÌ„trye he is symonyacle how be it a man may ordeyne that the chauÌ„trye yâ— whiche than sholde be vacante shall haue from now forth suche charge that he the whiche shall haue it shal be bouÌ„de for to rede Also yf a man ensure or yf a man promytte ony pryce for lycence for to rede it is mortall synne theyr falled pryuacoÌ„n of offyce of benefyce How be it that it is not proprely symonye after as sayth Hostience Also to take or to gyue moneye for lycence for to leue the lecture in ony daye of feest the whiche is of the coÌ„mauÌ„dement of the chirche it is symonye If he hath wages or be nefyce suffycyent for to rede that not with standyng he taketh salarye it is symonye is bouÌ„de to restytucoÌ„n but yf he haue not salarye suffycyent he may take salarye of his scolers by suche wyse that he be suffycyent in the faculte that he enterprysed yf he hath receyued maystershyp offyce to rede he is not suffycyent In that he there may haue so grete insuffysauÌ„ce that it is mortall synne And specyally in the scyence faculte of theologye for the peryll of soules For a man putted fayth in a doctour by reason of degree of offyce And more ouer those the whiche hym receyuen or Justely in suche degree or offyce ben cause of the ylles whiche therof may come he there may haue mortall synne If he hath appetyted the degre offyce to rede by ambycoÌ„n or for auaryce or for other cursyd cause he there may haue mortall syÌ„ne If he hath taught scyences defended as nygromaÌ„cy or other cursyd arte it is deedly syÌ„ne If he hath ben neclygent to instructe in scyence good maners his subiectes or them hath suffred to lede lyfe vnhoneste of synne he there may haue mortall synne If he hath not kepte the othes of the vnyuersyte If he hath ben short in dysputacoÌ„ns or hath susteyned coÌ„clusyons more by ambycyon thaÌ„for to enquyre the trouth yf he hath ben proude in abylymentê yf he hath ben swollen vayne gloryous for his scyence yf he hath ben slouthfull to studye yf he hath ben a waster of tyme of goodes In all these thynges many other as well the doctour as the scolers may excede mortally And therfore euery man sholde studye to knowe hymselfe for to correcte hym amende and it suffysed as now of the mater of the scolers Here foloweth of phisicyeÌ„s many other vocacoÌ„ns AS vnto the .x. poynt the whiche is of phisycyens it is to vnderstande that the physycyen may synne in many maners the whiche folowen If he be put to excercyse the offyce whereof he hath not the scyence For it is vnto the grete peryll of the helth or of the lyf of his neyghbour Also in beynge neclygent in the sayd offyce Also in gyuynge couÌ„seyll for the helth of the body the whiche is contraryous vnto the helth of the soule Also in not kepynge by the coÌ„maundement of the chirche the whiche is suche that is that he ought to shewe the syke persone after the dysposycyon in the whiche he is to seche pryncypally fyrst the medecyne spyrytuell Also in not aydynge the poore after the necessyte in the whiche he them seeth that he it may sholde do after the lawe of charyte Also in geuynge medecyne vndyscrete vnto the grete auenture of deth In all these thynges many other as sholde be in auauntynge hymself in dyspraysynge other of his vocacyon there he may haue suche exces that it is mortall senne or so lytell that it shall not be but venyall And lyke Jugement ought to be of potycaryes also of those the whiche sellen with weyghtes or other mesure the whiche mixte medlen theyr stuf in doynge there decepcyon cursydnes oftyme there falleth restytucoÌ„n If the tauerner or hosteler hath done fraude decepcyon in geuynge one maner of wyne for an other or hath put water in it gyued to vndstande the contrarye where there is a medled thynge the whiche may be noyous vnto the helth of them the whiche it drynked or hath made fals mesure or hath myscouÌ„ted to his wyttynge or hath receyued wyttyngly rybaudes men women players of the dyce or of other game or gyued his wyne vnto them that he seeth well that they wyll be droÌ„ken or also vnto theues or wasters or blasphemers of god the whiche he may well put out of his house In all these thynges he may haue mortall synne And
confessours taken but lytell hede and therfore they put not the remedye and the restytucyon the whiche is necessarye that proceded of theyr ignoraunce of the synne of detraccyon the whiche is at this daye to moche comon And therfore sayth well the holy scrypture that by the synne of fals langage almoost all the worlde perysshed for with grete payne and also as of the lest parte of that is made trewe restytucyon These thynges beforsayd sholde be vnderstaÌ„de of cryme the whiche is a grete mortall synne for yf ony man hath despysed his neyghboure by the whiche he myght be the lesse praysed he hym ought to prayse honoure dyscretly as well ayenst hym as ayenst other And this may suffyse for to repayre the dyspysynge that he vnto hym hath do ne before ¶ Here foloweth of the restytucyon of goodes as vnto the body AS vnto the restytucyon of the goodes of nature is to be noted that some may be endaÌ„mage in his body in thre maners The fyrste is whan a man taketh from hym his lyf The seconde whan a man taketh from hym ony or many of his membres The thyrde is in betynge hym hurtynge wtout sleynge hym or wtout depryuynge hyÌ„ from the vsage of his membres Restytucyon for the deth of ony persone may not be fouÌ„de more sure or more certaynet han that the which is ordeyned taxed of god in these holy scryptures as well of the auncyent testament as of the newe That is to vnderstande he the whiche hath done homycyde receyue in gree inpacyence the deth the whiche vnto hyÌ„ shall be gyuen by Justyce But yf suche penaunce Oâ—s â— gladiaÌ„ acceperint gladio peâ—ibuÌ„t Math. xxvi ca. vnto hyÌ„ be not gyuen or for as moche that the dede is secrete or for as moche that he asketh his grace of the prynce the whiche vnto hym it may do gyue The moost certayne penauÌ„ce after that beforsayd shall be that he amende his lyfe in desyrynge to deye for the fayth comonly ayenst these myscreauÌ„tes by suche dyscrecyon euermore that he slee not hymself or cause to be slayne vnto his wyttynge For yf he so sholde do he sholde be the sleer of hymself And in caas that he take not suche penauÌ„ce as it is sayd that in geuynge lyf for lyf neuer may he all holy be acquyte in this worlde as vnto the payne deyte But well ayenst god as vnto the regarde of the gylte not for to be fynally dampned And yf the persone were slayne of suche condycyon that he susteyned nourysshed fader moder or childern or other housholde the moder is holden yf vnto hym it be possyble them to susteyne mary the doughters supplye as vnto that all other charges that the persone slaynâ— susteyned after that it is well possyble in suche caâ—s In this dyffyculte of restytucyon appyred the lytell oyscrecyon of many confessours the whiche oftymes assoylen more lyghtly for the deth of a man than they sholde do for the deth of an houÌ„de or other beest in lykewyse as declared the Scotte in the .xv. dystynccyon of his quart And than for as moche that with grete payne may he bere so grete charge it is there expedyent vnto saluacyon to take the deth in gree after the ordynauÌ„ce of Justyce Restytucyon for the mayme of ony persone ought to be done after the exces of the sayd mayme the whiche is so named for as moche as the persone maymed leseth all holy the vsage of some or of many of his membres Also in suche Extra de iniuriiâ— daÌ„no dato ca. â— restytucyon a man ought to consydre the state of persone endaÌ„maged for the poore labourer the whiche by that hath lost his hande sholde haue more grete harme than sholde a man gretely ryche Also yf he lye in bedde the stryker ought for to paye the Journeys of the surgyne with these other necessytees so as sayen the ryghtes or elles the restytucyon is not suffycyent ¶ Here folowith the restytucyon for these thynges temporelles AS vnto yâ— restytucoÌ„n for these thynges temporelles it Non furtuÌ„ facies exodi xx Ricard ê°de media villa di xxxvii terâ—â— inâ—t quam planuÌ„ eÌ„quam i diuinis pÌ„ceptâ— noÌ„ potest dispeÌ„sare necetiaÌ„ deus ii â—â—i ii ca Fidelis â— den seipsuÌ„ negare noÌ„ potest IteÌ„ i decretis di x. capÌ„ Mandata moralia ad ius naturale ê‘rincÌ„t ideo nullaÌ„ mutabilitateÌ„ recepisse moÌ„stranâ— is to be noted that in lyke wyse as to take froÌ„ an other malycyously it is deedly syÌ„ne transgressyon of the coÌ„mauÌ„dement of god In lyke wyse to wholde froÌ„ an other ayenst the good ordynate wyll of hyÌ„ to whome the thynge apperteyned it is mortall synne By the whiche it foloweth that durynge the wyle in suche wyse to retayne from an other there is no power in heuen nor in erthe the whiche hym may assoyle for the coÌ„mauÌ„dementê of god may not be chauÌ„ged or varyed by dyspensacyon or other wyse by the whiche more ouer it appyred that it is truely sayd of good ryght Yelde or hange where the deth of helle shall abyde In this mater of restytucyon the whiche is moche necessarye ben to see to note foure thynges by ordre The fyrst is whiche is he that ought to restore The seconde is what thynge he ought to restore The thyrde is to whom he sholde restore The fourth is whan a man ought to restore ¶ Here foloweth of hym the whiche ought to restore AS vnto the fyrst is to vndstande not alonely Versus Iussiâ—â—siliuÌ„â—sensus palpo recurs ' Par icâ—â—aÌ„s mutê° nâ— obstans noÌ„ manifestans he the whiche hath taken froÌ„ the other ayenst reason Justyce is holden to restore but with that many other maner of persones as he the whiche gaue coÌ„mauÌ„dement that to do wtout the whiche coÌ„mauÌ„dement yâ— takynge had not be done Also yf he hath gyuen couÌ„seyll comfort ayde defence or yf he hath hydden yâ— thynge taken stolen or rauyshed with these malefactours or that he hath taken gayns or parte vnto the sayd theeft he is holden to restore Also yf he sholde prohybyte may defende by the auctoryte of his offyce as these lordes prelatê to the regarde of theyr subiectê or theyr offyeers or he the whiche sholde be lawfully requyred to saye the trouh of the theeft â— wyll not it confesse All these condycyons of persones be named flaterers consenters euery of theym is holden to make hole restytucyon by suche wyse that yf they were many one restored all holy they ben all acquyted ayenst hyÌ„ vnto whome the daÌ„mage hath ben done as in regarde to make restytucoÌ„n but euery of them is bouÌ„de vnto hyÌ„ the whiche them hath acquyted of the porcyon the whiche vnto hym may apperteynen ¶ Here foloweth what thynge ought to be restored AS vnto the seconde poynt the which is what Si videas futem
a thousande pounde aloonly And vnto the purpose god vnto vs hath gyuen the body and the soule the whiche ben also as the two knyghtes vnto the body he hath gyuen syght tastynge smellynge and herynge and so of other gyftes corporalles but vnto the soule he hath gyuen vnderstondynge mynde and in creatynge her vnto his ymage and vnto his semblaunce in gyuynge vnto her hym the whiche is the good and tresour infynyte and not withstondynge that she it forfayteth coÌ„mytteth treason as many tymes and as often as whan she her consenteth vnto dedely synne for she withdraweth the honoure the obedyence and the glory that she oweth vnto her creatoure by the whiche it behoueth to saye yâ— as is moch grete the offence as was grete the benefyce and for as moche that he was infynyte also is the transgressyon and punycyon infynyte by so ryght Justyce that ony creature nedeth to doubte The seconde reason is by cause of the iniury done vnto god in that that the soule her consenteth vnto the gylte of mortall synne choseth and loueth better ony good create than she doeth her creatour Now is it so yâ— bytwene the good creatyd what soo euer that it be the good increatyd the whiche is god vnto the dystaÌ„ce infynyte of as moche that the good that a man choseth more sooner than a man doeth god is lytel the iniury is yâ— more grete as vnto the consyderacy on by the whiche it appereth that lecherous men and women the whiche maketh of theyâ— belly and of theyr pleasure of theyr sensualyte theyr god and the couetyse men and women of theyr golde of theyr syluer proude men and women of wynde of abusyon and of vayne glorye doeth horryble in iury vnto god infynyte and may not abyde vnpunysshed after as it vnto hym appertayneth that is to knowe infynytly or elles he sholde not be the god of Justyce infynyte the whiche is a thynge Impossyble The thyrde reason is by cause of the maieste dyuyne yâ— whiche hath be ynough shewed before That is to vnderstonde of asmoche that he the whiche is offended is of more grete noblesse dygnyte sapyence Jurysdyccyon and auctoryte and of as moche that a man is more holden and bounde of as moche is the offence agayne hym yâ— more greate And for as moche that god is of maieste infynyte and that the creature vnto hym is bouÌ„de infynytly That is to saye asmoche as she hath beynge substaunce and other goodes ben they of nature of grace or of fortune it foloweth clerely that the offence of mortall synne ought to be infynytly punysshed The fourth reason is by cause of the Justyce dyuyne the whiche thynge he may also shewe yf it appertayne vnto the Justyce mercy dyuyne to rewarde the blessyd in eternyte of glorye for the obedyeÌ„ce honour reuerence that they haue done vnto theyr creatour in this worlde by that same selfe Justyce it behoueth that he punysshe eternally the inobedyence yâ— dyshonour irreuerence that these cursyd dampned haue done to god theyr creatour in this present lyfe AS vnto yâ— thyrde poynt pryncypall fynal the whiche is that syÌ„ne ought to be punysshed in eternyte after yâ— comparyson yâ— it hath vnto the vnyuersall worlde it is to vnderstonde the euery per sone of his propre nature condycyon desyreth to come vnto welth eternall therfore the soule the whiche her consenteth vnto mortall synne choseth some good create as ben honours in proude people rychesses in couetyse people delytes pleasurs carnalles vnto lecherous people he constytuteth hys ende and blyssednes in the thynge that he desyreth soueraynly all these thynges the whiche hym may serue be it god the sayntes the angelles or other thynge for to come vnto suche ende he them desyreth not but by the ende felycyte before sayd and of suche people is there without nombre that wolde haue in this worlde that that they desyre neuer to see god or other blessydnes to haue And for as moche that in suche loue suche desyre they ben fouÌ„de at the houre of deth it is not agayne the inclynacyon naturall of the soule That is to vnderstonde that she abydeth in her eternyte vnder the punycyon of the deceuable beatytude that she hath chosen aboue god agayne god and this is for the fyrste reason of the thyrde poynt the whiche sheweth wherfore the puny cyon of the dampned ought to be eternall The seconde reason hath ben lately touched before for yâ— perfeccyon of the worlde vnyuersall requyreth that he there hath felycyte eternall and this here is ordened by Justyce vnto them the whiche haue resysted and foughten in this present lyfe agayne theyr sensualyte and propre wyll agayne the worlde and In meÌ„suraÌ„ coÌ„tra meÌ„suraÌ„ caÌ„ abiecta fuerit iudicabit dnÌ„s ysa xxvii c. IteÌ„ xxviii ca. Ponam in poÌ„dcre iudiciuÌ„ et iustâ—am in â—â—â—nsnra the deuyll and haue perseueryd tyll vnto the ende And by that same selfe Justyce behoueth it that punycyon eternall be prepayred reseruyd vnto them the whiche haue not wylled to fyght but haue obeyed vnto theyr aduersaryes and soo whan euery creature shall haue Juste retrybucyon after his nierytes or demerytes all the worlde shall be in her perfeccyon In the whiche he shall haue no more as to adde to mynysshe or to varye for it appertayneth vnto the puyssaunce sapyence and Justyce dyuyne to conserue all thynges in theyr fynalle perfeccyons The thyrde reason for the grete vtyly te the whiche cometh of the eternyte and mysery of the dampned vnto the perfeccyon of the vnyuersall worlde for fyrste god is feryd soueraynly Also his commaundementes ben kepte the more humbly Deo eiÌ„ militat oeÌ„ quod obstat her â—lexaÌ„der de halis the more dylygently and in so doynge a man purchaseth fynally ferefylyale or chyldly meryte and saluacyon And therfore to saye that the paynes of the dampned ben and ought to be eternall it is no pyte but souerayne iniquyte and manyfeste subuercyon of the trouth of god conteyned and shewed in holy scryptures all the destruccyon of oure holy fayth catholyque The fourth reason of the eternyte of the paynes of the dampned that is for the glorye of the creatour the whiche is the souerayne ende wherfore Qui bona egerâ—â—t ibuÌ„t i vitaÌ„ eternaÌ„ â— vero malo i ignâ— etnuÌ„ Hec eÌ„ fides catholica c. hec athana i sym all thynges ben create made formed ordeyned The whiche glorye shyneth is shewed vnto all the worlde grete noble infynyte in as moche that yâ— multytude of the daÌ„pned theyr paynes dolours tormentes ben grete innumerable eternall for in lyke wyse as the mercy infynyte of the creatour is shewed in the grete beatytude or blessydnes of paradyse so is manyfested the Justyce by the eternyte of the tormentes of yâ— dampmed and of suche manyfestacyon of mercy and of Justyce cometh and accordeth a
theyr wyttynge ben the causers that a woman lefeth her fruyte that it cometh forth deed Also as vnto the lyf of substauÌ„ce temporall Vita substancialis ayen that coÌ„maundement do those the whiche pyllen stelen taken awaye or wtholde from an other for as moche as is in theym they take from theyr neyghbour the thynge the whiche vnto hym is necessarye where with he sholde susteyne his lyfe by the whiche as vnto that they be the causers of his deth And of this sholde well take hede these aduocates worldely grete pleders the whiche oftentymes make the poore symple for to lese meouables and herytages as ben poore wydowes childern faderles and moderles other For suche theues pyllers ryally may be sayd mordres in as moche as they stele and take awaye from the poore people theyr substaunce and goodes of the whiche they myght haue theyr lyuynge Also they the whiche by defaute of charyte lete these poore people deye for hongre or in pryson by defaute of theyr ayde whan they may and sholde do it Also as vnto the Vita sanitatis corporis lyf of helth corporell ayen this commaundement do they the whiche stryuen and stryken ayenst the ordynaunce of Justyce in hurtynge ony persone and in puttynge hym from his good helth Also Vita spiritualis as vnto the lyf spyrytuall ayen this commaundement done those the whiche hate theyr neyghboures or the whiche by coueytousnes or of euyll dysposicyon desyre the deth of an other For holy scrypture sayth who so hated his neyghbour is a man kyller Wherfore it is to be noted that manslaughter Qui odit frem suuÌ„ homicida â— i. io iii is coÌ„mytted somtyme in courage and wyll all oonly and not as in dede outwarde Somtyme it is coÌ„mytted of dede and not of wyll Somtyme of dede and of wyll togyder An example of the fyrst NoÌ„ licet nobis interficere quemquam Io .xviii. The Jewes by theyr Ire and enuye by counseyll and wordes put the sone of god the fader vnto deth without touchynge hym with theyr handes so as it appyreth by the gospell in that that they sayen it is not lefull vnto vs for to put no man to deth in alledgynge theyr holynes and Justyce And alwayes the blessyd sone of god sayd vnto Pylate Those the whiche me haue betaken vnto the Qui me tradidit tibi maiê° peccatuÌ„ habet Io .xxix. that is for to vnderstande those bysshoppes scrybes and the pharysees haue more greuously synned than thou The whiche oftentymes hadde made shedde his precyous blood by the torment of flagellacyon By the whiche Ire and enuye may be so greuous that they may be compared vnto man kyllers So ought a man vpon this commaundement to examen hym of his synnes the whiche folowen in a shorte declaracyon And fyrst of enuye Enuye after saynt Gregory hath fyue braunches That is for to knowe hatred of herte susurracyon detraccyon for to enioye hym of ylle and for to be sory of his neyghbours welfare Susurracyon is for to speke cursyd langage by malyce for to put noyses in some persones Detraccyon is for to speke cursyd langage for to take from his neyghbour his good renowne or good name And ryght often in these two maners there is deedly synne dampnable and suche people may not be assoyled without ferme purpose for to restore his neyghbour vnto his good name and fame For as sayth holy scrypture A good name is more worthe than Meliê° eÌ„ nomeÌ„ bâ—nuÌ„quam diuitie â—lâ—e myllyons of golde of syluer and as oftentymes as he hath taken from ony man two pens or fyue shellynges he may not haue absolucyon without restytucyon of dede or in purpose And for as moche the counseyll of the wyse Salomon is that as with detractours no man kepe company with wordes For not all oonly to speke detraccyon or susurracyon by hate or by enuye of his neyghbour But with that to prouoke or for to be the cause or hym for to reioyse that suche langage is spoken or wylfully it hereth it is a grete synne and a dampnable And as sayth a glose vpon the margen of this wrytynge that by this synne of detraccyon well nygh all the worlde is dampned and that we may coniecte For I suppose that many confesse them of that synne how be it they make no restytucyon And for to see the remedye in that caas there ben many confessours vndyscrete in assoylynge to lyghtely This fals and accursyd synne is coÌ„mytte some tyme in puttynge ylle on his neyghbour the whiche is not true or whan it is true but by wordes a man it byleued or whan it is ylle it is secrete a man it shewed ayenst the ordres of charyte or so whan a man sayth that the thynge the whiche of hym is good hath be done in cursyd intencyon Some tyme in holdynge his pease of the goodnes of his neyghbour by enuye and in all maners there may be deedly synne dampnable for it is ayenst charyte in takynge awaye or in mynysshynge the good name of his neyghbour Of the whiche sayth CuraÌ„ habe de bono noiÌ„e hoc eiÌ„ magis ê‘manebit tibi quam mâ—le magni preciosi thesauri Ger xli holy scrypture that euery man ought to haue grete herte desyre of his good renowne name For who so leseth good renowne leseth the loue of those the whiche hym loueth the whiche is incomparable Also by the occasyon to do many good dedes so it is by suche caas many tyme of shame by the whiche he dysposed hym to all ylle And vnto that it is trewely sayd that he hath more gretter payne for to be helyd of the wounde of the tonge than of the stroke of sworde And this suffysed as now of the synne of enuye Here foloweth of Ire Ire is a De ira synne dysordynate to auenge hymselfe vpon ony persone by ony waye and maner ayenst reason and the ordynaunce of Justyce And it is ayenst the loue and charyte that a man ought for to haue vnto his neyghbour and by the consequens it is mortall synne of the whiche proceden many braunches after as saynt Gregory sayth That is to vnderstande indygnacyon ymagynacyon of hym to be auenged clamour in wordes blasfemynge ayenst god his sayntes debates oppressyons These dyuers maners of Ire may be also vndstande For Ire may be shewed only in courage in wyll wtout shewynge it outwarde And these be the two fyrste brauÌ„ches that is indignacoÌ„n ymaginacoÌ„n to auenge hyÌ„ Where suche Ire is not all oonly in the wyll but with that it is shewed in wordes in this ben vnderstande the other two brauÌ„ches that is clamour and blasphemynge of god of his sayntes A man may also ouer these cursyd courages these wycked wordes procede vnto the dede as to bete to stryke or to mysentreate in speche other dyuerse maners
shall do penaunce and shall be fynably saued he shall not be rewarded of meryte essencyall for those werkes done in dedely synne For they were neuer lyuely nor pleasaunt vnto god and by the coÌ„sequent they may not be araysed by the whiche a man may certaynly say that it is more worth vnto a persone for to gyue a peny in the estate of grace or to fast one daye for the loue of god than to gyue all the golde of the worlde in the estate of dedely syÌ„ne or to fast all the dayes of his lyfe with brede with water In the whiche apereth a merueylous dyfferrence bytwene the estate of dedely synne and the estate of grace But that not with stondynge where as the synner hath many of synnes of asmoche he hym ought to enforce to do good werkes for by that he is often preseruyd for to fall into other synnes also it hym dysposeth ableth to contynue in good werkes and lyfe vertuous Also yf suche vnto hym haue ben enioyned by penauÌ„ce it hym acquyteth of that penaunce after the moost hole opynyon Also he occupyeth the tyme fruytfully hym maketh som what takynge parte with these good persones Also it auoydeth paynes temporall the whiche oftymes comen by cause of synnes he deserueth agayne the grete lyberalyte of god prosperyte godes teÌ„porall also they letten the deuyll that he hath not so grete puyssauÌ„ce to noye the synner also they relesen the paynes of hell or purgatory yâ— is to knowe that a man shall not beso moche punysshed as at such tyme that a man shold do suche good dedes he hath ben ydell they prouoken the mercy dyuyne for to gyue grace by yâ— whiche a man may go from his syÌ„ne yf suche persones be fynably saued he shall haue ioye eternall of those goodnesses done in the estate of dedely synne not as suche nor soo greate as yf that he hadde theym done in the estate of grace For good werkes that be done for the loue of god stere put and knocke at the yate of mercy dyuyne after as it is sayd in the gospell And this mater declareth ryght a longe saynt Bernardyn in the thre score and foure sermon of the somme the whiche is intytled de contractibus ¶ Here foloweth .vi. reasons shewynge that no sinner ne ought to tary hym to confesse THe fyrst reason is wherfore no man ought Caplm .v. to tary hym to confesse is for the condycyon of synne for it is lyke vnto fyre breÌ„nynge the whyche may not be quenched but by trewe coÌ„fessyon in the whiche he ought to haue abundaunce of teerys at the leest spyrytuell the whiche ben sorowe and dyspleasure to haue offended god by synne And in lyke wyse as he sholde be holden a fole the whiche seeth his house brennynge and he it may remedye by the castynge on of water and he nothynge wyl do soo is it of them the whiche ben in dedely synne and putteth not theyr dylygence to purge them by trewe confessyon The seconde is for as moche that synne is a ryght perylous syknesse and confessyon is a ryght certayne medycyne and proufytable by the whiche it apperyth that full fewe preyse the helthe of theyr soule the whiche seeth hym selfe syke and nere deed and fyndeth not the remedyes to make hymself hole The thyrde reason is for as moche as the dethe is nere the whiche in all places vs purseweth and there is no persone that may knowe the houre after the comen lawe ne the houre ne the day the maner or how he ought to dye And ryght often it happeneth that the deth taketh the synner wherof he taketh no hede And certayn yf ony knewe the daye of his deth he sholde be more assured than he that knoweth not the daye nor the hour And euer more he the whiche knowyth that he shall haue no more but one yere in this presente lyfe he sholde aredy hym to dye well and by true and entyre confessyon in makynge restytucyon in requyrynge pardon in pardonnynge In the whyche it apperyth clerely the grace begylynge and decepcyon as well of the worlde as of the deuyll the whiche bryngeth a slepe the people in synne The fourth reason is for that that the synner is now in the mouth of the lyon of hell the whiche in an horryble rayge desyreth hym to deuoure from the whyche peryll he may be delyuerde by true confessyon not otherwyse The fyfte reason is for yâ— that the synner by his synne hath lost the godes spyrytuall the godes of glory infynyte eternall with that he loseth his tyme his body his soule and yâ— that he doth as to purchase meryte essencyall all these godes before sayd may he recouer by true confessyon But the deuyll of hell dosyth his eeres hyÌ„ promyttynge falsely in greate treason that he shal lyue longe and that he shall amende by true confessyoÌ„ this hangynge cometh vpon the dethe And thaÌ„ many of these doÌ„me people wolde them confesse haue true repentaunce the whiche cometh pryncypally of the grace of god of yâ— whiche grace they ben indygne or vnworthy for whan god theÌ„ called taryed they haue refused to come by the whiche of gode ryght he theym refuseth in theyr necessyte and theym sendeth vnto the galowes of helle for theyr irreuerence and iniquyte for of as moche that he them hath the more longely abyden of as moche ought they to be dampned the more greuously Nisi coÌ„uersi â—ueâ—â—tis gladiuÌ„ suuÌ„ vbrauit arcuÌ„ suuÌ„ te teÌ„dit et parauit illuÌ„ pÌ„s .vii. therfore sayth well holy scrypture that god holdeth his bowe bent and draweth agayne the synners the whiche taryen them to confesse The .vi. reason is as vnto the regarde of mercy swete pyte of oure saueour Jhesu cryst the which not alonely abydeth at the yate of oure conscyence But with that puttyth knockyth and callyth from daye to daye that is to knowe by inspyracyons of gode wylles by predycacyons by gyftes and benyfyces and somtyme by syknesses losses of godes warres and other flagellacyons But in lyke wyse as the deuyll blyÌ„ deth the synner so he hym maketh to lose the heryÌ„ge of the vocacyon that oure lorde vnto hym maketh By the whiche of gode ryght he vnto hym shal say at the deth I haue called the thou haste not wylled to come Nowe thou callest me and I the recoÌ„mende vnto the deuyll By these .vi. reasons apperyth clerely the peryll the whiche is to defferre longely abyde hym to confesse for by that many can not them confesse as in generall for that that they haue forgoten ther synnes the whiche thynge may not be suffycyent excusacyoÌ„ whan neclygence conteÌ„pte of theyr helth is cause of theyr ygnoraunce and many doctours dowten ryghte greatly that suche confessyon is not suffycyent vnto saluasyon and A questyon vnto thatpurpose som maken a questyon That is for to knowe yf that ony
synner be bounde hym for too confesse in contynente after that he hathe synned mortally and that he hathe place and tyme and a chapelayne that hath power for to assoyle The answere vnto that no man is bounde regulerly And The answer by the commaundement of holy chirche but one tyme in the yere that is at tyme of ester excepte in .v. cases The fyrst is whan a man wyll receyue the holy sacrament of the awter and that a man hath presbiteruÌ„ idonium for to assoyle hym For as sayth a doctour named Rycardus de media vylla suche a caas may be come that some the whiche hath comytted mortall synne and hath the presence of ony preest non idoniuÌ„ may receyue with out synne the holy sacrament of the awter with coÌ„trycyon without other confessyon in attendynge place and tyme and confessoure more couenable The seconde caas dependeth ynough of the fyrste that is for as moche as holy chirche commauÌ„deth that euery crysten man the whiche hath age competent ought to receyue his creature at the tyme of Ester by the whiche it foloweth that he oughte to be trewly confessed and repentaunce The thyrde is whan suche persone shall be in the artycle of dethe and may haue place and oportunyte to make confessyon The fourth shall be whan ony hath suche synne of the whiche he may not be assoyled but of hym of whome he sholde haue the presence of the whiche presence is it semblable that he nor she shall not it recouere but of the yere The fyfte shall be whan the conscyence of ony man hym prycketh or warneth that he is holden hym to confesse incontynent after that he hath coÌ„mytted his synne mortall that he hath oportunyte that to doo for it is ryght good couÌ„seyll and sure so to do as it it sayd before in the commauÌ„dementes of holy chirche also another questyon that is to knowe yf yâ— curate A questyon be bounde to here the confessyons of his parysshynges as oftymes as they hym requyre The answer The answer he is holden of necessyte to here theyr confessyon whan they hym requyre at the tyme that they be bounden them to confesse by necessyte as is one tyme of the yere after the coÌ„maundement of holy chirche or in the artycle of deth but yf it be more often or in other cases not necessary he shal not be bouÌ„deÌ„ of necessyte but alonely of congruyte as he the whyche syngulerly ought to desyre theyr welth theyr prouffyte But alwayes whan he is requyred and he them wyll not or may not here or vnto them assygne not another confessour than they haue lycence for to prouyde of a confessour for that tyme or for many tymes whan the â—as it shall requyre that confessour in lyke wyse hath power them to assoyle of the case as may the sayd curate also whan ony is in hate dyscencyon with his neyghboure or wyll not doo dygne penaunce for his synnes he is bounde to shewe it in secrete wyse or byfore wytnesse after as the case it requyreth And yf by suche admonycyon he wyll not be corrected he it oughte to renouÌ„ce vnto his souerayne as is the bysshop of the dyoses or vnto his offycyall also he ought to praye for hym and hym ought to recoÌ„maunde vnto the prayers of his other parysshynges and hym to name after good descressyon that it may be vnto his prouffyte and vnto the edifycacyon of his neyghbours and whan he hath done suffycyently these shynges before sayd Than he may be excused before god of the charge and of the gouernyng that he hath of the sayd parysshynges not other wyse In lyke wyse as it appereth by the ryght other holy scryptures ¶ Here foloweth the practyse that the confessoure ought to holde as well agayne hymself as agayne them that he confesseth HOr as moch as the practyse and experyence without grete connynge ys somty me more prouff ytable than is the scyence without experyence Here foloweth a ryght prouffytable insygnemeÌ„t of the practyse that the confessour ought to holde as well for the saluacyon of his soule as of them that he confesseth Fyrst he ought to knowlege and fele in hymself that the excusacyon of the offyce of the confessour may not be duely done nor accomplysshed as vnto theffecte of the sacrament yâ— whyche is to brynge agayne the synner from the estate of synne to the grace of god from deth spyrytuall to lyfe spyrytuall but alonely by the vertu ayde of the creatour where as it is so as for to iustefy these syÌ„ners it is not lesse than the creacyon of the world as it appereth before By the whiche the confessoure ought well to examyne his conscyence in requyrynge the ayde of the holy goost For yf he were bouÌ„de from dedely synne he myght not vnto his saluacy on vnbynde the synner that he confesseth nor haue the ayde knowlege the whiche vnto that is necessary in token of this thynge whan our lorde gaue vnto his appostles the execusyon to confesse he vnto theÌ„ sayd Take receyue the holy goost they that you assoyle shall be assoyled And those that ye wyll not assoyle shall not be assoyled therfore sayen these doctours of theologie the they the whiche admynystren solemly the holy sacramentes as is the baptem confessyon or other in the estate of dedely synne syÌ„nen dedely Also be the confessour warned that in suche mynystracyon he seche pryncypally the honour glory of god the prouffyte saluacyon of soules not the preyse fauoure or agayn temporall or some other thynge sinistre not purposynge the ryche vnto the poore the wyse worldly man vnto these symple creatures the fayre vnto the foule the noble vnto them not noble but by good iuste cause for asmoche that of one may come more grete good vnto holy chirche or vnto the saluacyon of soules than of the other for yf he haue poornesse of intencyon hym it shall enayde But otherwyse he shall be lyke vn to the candell yâ— brenneth in she wynge the waye vnto other Also be he aduysed that the admynystracyon of the sacrament is meruayllous amonge other grete dyffyculte By the whiche he therin ought to procede demeurely dyscretly without preceptacy on in chastysynge be it to here the synnes to suche or to knytte satysfactyon and penaunce for moche better it is to examyne one or tweyne vnto saluacyon than twenty and foure noughtely Also it is ryght expedyent specyally at this daye that whan these confessours haue the cases the whyche with good cause were other tymes reserued vnto the prelates for the correccyon of synners for with grete payne may a man make ony fruyte in confessyon for the dyuersyte and habundaunce of grete and horryble synnes and of cases the whiche of them cometh as well in olde as in yonge as wel for the sentences of excomynyÌ„g of restytucyons of blasfemynges of ydolatryes of other cases newe and
to warne to go to another confessour or to retorne to hym another tyme that he may haue other dyspocysyon Also be the confessour wyse and dyscrete that he enioyne not penaunce vnto the synner yâ— he wyll not receyue wylfully and the whiche is very semblable that he shal accomplysshe shewynge hym that yf by forgytful nesse or otherwyse he it wyll not accomplysshe after that that he it excepteth and that he it may wel do he synneth greuously and is bounden in suche case to confesse hym Also neuer for synne secrete he ought not to gyue open penaunce And those the whiche ben confessed ought to kepe them well that by mockery malyce or other cursyd cause thenne they shewe not the secrete of confessyon for in soo doynge they synne greuously yf ony persone hyÌ„ fele strongly roted in ony synne he may be bounde after good dyscrecyon vnto soules payne temporall in case that he retorne vnto his synne as is to swere without cause of lechery or of other synne for Dfie 〈◊〉 pauci â—â—t â— saluantur â—pÌ„e a. it dixit ad illos conteÌ„dite intrare per angustaÌ„ port◠〈◊〉 dico vobis quam multi quereÌ„t itrare et non potueruÌ„t luce .xiii. somtyme many kepe theym well to retorne vnto synne for fere of the losse of .x. shelynges ye a peny or a halfe peny the whiche he kepeth not for the loue of god how be it it is a thynge pleasaunt vnto god whan the persone secheth the wayes and maners to correcte hym to punysshe his synnes for to please god his creatour but many ben blyndyd in the knowlege of the loue of god of the greuousnesse of synne and of the peryll of euyll custome of the payn of hell and of the glory of paradyse Item gre JustuÌ„ est vt â— voluit penitere cum potuâ—t cuÌ„ voluerit sâ—râ— sit the whiche shall be more dylygent hym to make hole of the ache of a tothe than they do to remedy the thynge on the whiche hangeth theyr dampnacyon By the whiche it happeneth oftymes that suche can not fynde remedy whan they it desyre and wolde for whan they it may well fynde they wyll not By these thynges before sayd it appereth clerely that the arte and scyence of well and Justly to examyne theyr conscyence vnto saluacyon as well of the confessour as of hym the whiche is confessed is of so hygh subtylyte and so strayt that it is not to byleue as by scyence humayne alonely or by study or clergy a man may well and iustley acquyte without synguler ayde of the blessed holy goost the whiche aydeth and techeth them the whiche by the ordynauÌ„ce of the holy chirche ben in fere and in humylyte for the charyte of poore soules receyuen the offyce of a confessour by the contrary they the whiche by presumpcyon couetyse or ther other cause Si cecus ceco ducatuÌ„prestat ambo 〈◊〉 foueam cadunt Math. them iugen vnto suche offyce fallen in an in conuenyent of the whiche sayth our lorde that yf one blynde man ledeth an other both tweyne fallen in the dyche ¶ Here foloweth what scyence is necessary vnto a confessour Caplm .vii. HEre foloweth more câ—specyall of the scyence CuÌ„ ante sit ars ar tiuÌ„ regimeÌ„ aiÌ„arum vt extra de eta et qua ordinaÌ„dorum ignominiosum fore â— alde coÌ„uicitur clericos ad hoc regimeÌ„ ê“motos caÌ„s ipsius regâ—mis pâ— nâ—tus ignorare NaÌ„ vilisâ—imê° coÌ„putaÌ„dus est nisi pÌ„c dat scia scitate â— alii prestaÌ„cior eÌ„ honore i. q. i. vilismus Scia quideÌ„ sacerdotibê° ad mod est necessaria iuxta ii ld malachie ii Labia sacerdotuÌ„ custodiuÌ„t scia legeÌ„ ex â—ruÌ„t scilêª â—ud diti ex ore vt extra d here cuÌ„ ex in uÌ„cta xi q. i. sacerdo tibus .xliii. di sed â—â—ctor and cyrcumspeccyon that he ought to haue the whiche excercyseth the offyce of a confessoure where as it is so the the confessour is iuge of the coÌ„scyence of the synner before that he may gyue good sentence it behoueth that he haue knowlege dyscrecyon in aduysynge yf the synne be mortall or venyall And therfore some what to vnderstonde the dyfference of synne it is well to be noted that holy chirche hath two maner of coÌ„maundementes The fyrst maner vnto vs is ordeyned duely as well ageyne god as agayne his neyghbour And they ben named the .x. commaundementes of the lawe of the whiche hath ben treatyd before of the whiche it is to knowe that euery persone the which hath wytte age and dyscressyon and that by delyberacyon fully consentynge or equyualent trespasseth ony of the .x. commaundementes synneth mortally For he breketh charyte the whiche is the lyfe spyrytuall of the soule and the meane to loue god and oure neyghbour And he may not be excused by ygnoraunce for yf he doute in ony case partyculer touchynge the commaundementes of god he ought to be enformed by theÌ„ the whiche haue the fere of god and knowlege of the lawe and not to put hym in the peryll of transgressyon and to synne mortally for other wyse sayen these doctours of holy scrypture that suche a persone dyspyseth god and his saluacyon The whiche thynge may not be in creature resonable without gylt of dedely synne The seconde maner of the commaundementes ben ordynaunces and statutes humayne As of prelates of holy chirche or other lordes the whiche may haue auctoryte to make lawes and ordynaunces that these subiectes ought to kepe and accomplysshe after the true intencyon of theyr souerayns But the transgressyon of suche ordynauÌ„ces shall not be alwayes dedely synne yf it were not for the dyspysynge of them the whiche haue made the sayd ordynaunces or commaundement or for to moche grete notable exces in thynge the whiche of hymself is but venyall synne yf it were not the sayd exces or conteÌ„nement And therfore ryght syngulerly it is to be noted that neuer man ne ought to Juge that ony synne be mortall yf it be not coÌ„myttyd by delyberacyon full consent as sayth his equyualent And I say equyualent for as moche that many synnen by habytacyon of custome or of a contempte in the whiche they ben blyndyd by such maner that it semeth not vnto them that they dyspose them or that they gyue theyr consent in many thynges whiche ben vnprouffytable The whiche alwayes after some doctours ben syÌ„nes dedely as the custome to swere for no thyng and without cause resonable or to do vndyscretly agayne the coÌ„maundementes of the souerayns And this is for a rule generall as well for these thynges before sayd as for these that folowen also the confessour ought to dyscerne aduyse yf the synner be fallen in to sentence excomeÌ„ged or interdyted for in that may ryÌ„ne as well clerkes as laye people or yf he be suspended or irreguler the whiche is alonely as vnto clerkes For yf he Discretus quereÌ„dus
the people affermynge that vnto theÌ„ it hath ben enioyned by penauÌ„ce in yâ— whiche they lyen falsely cursydly penauÌ„ce soleÌ„pne is that a man begyÌ„neth the assewenesdaye with grete mysterys the which ought not to be gyuen but for grete synnes open wrongfull and it apperteyneth alonely vnto the bysshop for to gyue it or vnto hym the whiche hym representeth The forme and maner to enioyne Di. â— Si depost remissioneÌ„â—ff ê“enul aliqua vno tâ—e coÌ„grâ—â—t que also teÌ„pore sâ—t necessaâ— â— also to do suche penaunce is wryten in the ryght But oftymes the custome hurteth the ryghtes and therfore in some dyocyses men vse not suche penauÌ„ce And in these other men vse them in many and dyuers maners They yâ— whiche geuen open penauÌ„ce or solempne for synne the whiche is knowen that is to vnderstonde the whiche is not comen vnto the knowlege of all them of the towne or of the more parte aren and fayllen gretly as other tymes it hathe ben sayd of these poore nouryces the which fynden theyr chylde dede by them or in the cradyll with out that that they may knowe the cause or yâ— lest of suche aduenture the whiche oftymes may happen without the gylte of the fader or of the moder penaunce sacramentall is done secretly and of all maner of synnes ben they open or secrete and it maye be with drawen by as many tymes as the synner a bydynge in this present lyfe falleth agayne in syÌ„ne And it is the pryncypall intencyon of this fourth Nisi penit â—nciam egetitâ—s â—eÌ„s simul peribis luce 〈◊〉 PeniteÌ„â—â—am agite ap ê“piquab â— reg nâ—â— celoâ—â— Mat. â—â— partye of this presentbook And of this penaunce sayth saynt Austen that it is more worth to a persone the whiche is in synne to make a good and an entyer confessyon than to go in pylgrymage vnto all the holy places that ben vpon erth For without that no creature may recouer saluacyon nor also with that to goo vnto dampnacyon And therfore take hede desyrously euery poore synner the which is in the domynacyon of the deuyll in the mater and in these chapytres the whiche folowen ¶ Here foloweth four thynges that the synner ought to do for to begynne well his confessyon THe persone the whiche desyreth so excellent Caplm xi a werke as is to puryfye hym from fynne and to be reduced vnto god by true and entyer confessyon ought to do foure thynges In lyke wyse as techeth mayster Peter de aquila and also done these other theologyens comenly The fyrst is effectuously to thynke on his lyfe after as sayeth holy scrypture I shall me remembre I shall thynke on my lyfe before the face of my god in bytternes and dyspleasure that I haue hym offended euery persone ought to put also grete dylygence Recogitabo tibi o Ì„s annos meos in amaritudine aie mee ysaie xxxviii payne to remembre hym of all his synnes for to haue dyspleasure as he sholde be for to thyÌ„ke a grete gayne temporall or as he sholde be to kepe him from losse for yf by sloweth neglygence to thynke of his synnes he leueth one or many with oute confessynge and yf he dye in suche estate there is extreme peryll of dampnacyon A nother thynge it shall be whan he hathe done his delygence after the debylyte of stragylyte humayn to remembre hym of all his synnes and â–ª that notwithstondynge suche dylygence he forgetteth one or many for it is a conclucyon certayne that euery persone the whyche doth that that in hym is to remembre hym of his synnes for to haue dyspleasure god hym shall gyue knowlege or theÌ„ hym shall pardon as vnto the peryll of dampnacyon eternall In the whiche it appereth that no persone is dampned but by his owne defaute The seconde thynge that yâ— synner Tanta eÌ„ offensa quamtus eÌ„ ille â— offen ditur arist v. ethi ought to do before his confessyon is to haue dyspleasure of euery synne that he hath coÌ„mytted ageyn god his creatour and he ought to be certayne that the offence of euery dedely synne is as grete as is the maieste and bouÌ„te of hym the whiche is pryncypally offended that is god the whiche is good in fynyte The thyrde thyng is that the synner ought to haue purpose moeuynge the ayde of god neuer to coÌ„mytte dedely synne for in lyke wyse as he the whiche hath true contrycyon of his synnes pryncypally for the loue of god and in purpose to confesse hym in place and in tyme dewe and competent is in the estate of grace In lyke wyse by the contrary yf ony creature hadde done all the good dedys of the worlde and neuer durynge his lyfe hath coÌ„mytted dedely synne other than to haue alonely intencyon to syÌ„ne in tyme to come he shall be forth with by that cursyd wyll in the estate of dedely synne and in the waye of dampnacyon The fourth thynge is that the synner ought to make prayer to god his creatour that he hym gyue to haue knowlege of his synnes and grace for to make confessyon the whiche vnto hym may be pleasaunt vnto the helth of his soule prouffytable ¶ Here foloweth of them the whiche may lawfully assoyle as also of them the whiche may chose a confessour THe synner the whiche desyreth to do so excellent Caplm xii a werke as is to puryfye hym from all synne by true confessyon and hym reduce vnto god his creatour after these foure thynges before sayd done and accomplysshed he ought to seche chese a confessoure the whiche is suffycyent for to declare hym the dyffycultes of his cases as many be of bequestes of vowes of testamentes of restytucyons of sentence of excomunycacyon of irrygularytes of suspensyons or of interdytynges and so of other agayne the cases the whiche oftymes is fouÌ„de in the dede of â—nscyence For as saynt Austen sayeth the synner sholde at the leste do for the lyfe and helth of his soule that that he doth ryght dylygently for the helth of his body nowe is it soo that they the whiche ben syke corporally and pryÌ„cypally they that a man certefyeth to be in dauÌ„ger of deth sechen the best medycyne and the moost experte that they may fynde for to recouer theyr helthe and for to escape the deth by the whiche it appereth yâ— the syke hurte spyrytually of tymes of more than of a thousande mortall synnes sholde be desyrous to fynde a good medycyne spyrytuall for to eschewe the deth of helle the whiche is eternall suche medycyne spyrytuall is a gostely fader or a coÌ„fessour the whiche hath cunnynge suffycyent hym to examen of dyuers cases as it is sayd Also that he hath Jurysdyccyon and puyssaunce to assoyle the synner for elles yf he haue not Jurysdyccyon puyssaunce he synneth ryght greuously in yâ— assoylynge And also doethe he the whiche hathe with hym suche a folysshe chapelayn hym confessynge wyttyngly and
confesse regulerly and of necessyte but onely of dedely synne the whiche is not other thynge but the transgressyon of ony of the .x. cōmaundementes in the whiche ben defended the seuen deedly synnes Also there be conteyned the seuen werkes of mercy the trouth of the artycles of oure holy fayth In y◠whiche thynges that is to vnderstonde in the commaundementes of the lawe in the artycles of the fayth and in the seuen werkes of mercy is comprehended and cōteyned all the dede of the conscyence in lyke wyse as it hath ben sayd before And therfore who so euer wyll hym well examen and make parfyte hole confessyon after these thynges sayd he ought to take hede how he hath kepte and accōplysshed the ten cōmaundementes of god as well in the thynge cōmaunded that is in sechynge vertues and in accomplysshynge the werkes of mercy as also in the thynge defended as ben the seuen dedely synnes That is to know pryde enuy wrath couetyse glotonye slouth and lechery In y◠whiche seuen maner of synnes a man may falle often mortally and dampnably And somtyme venyall alonely for it is to byleue that euery passyon or mouynge of Ire of enuy of vayne glorye and soo of other synnes before sayd ben alwayes deedly synne But whan suche passyons or wylles abyden in the termes of venyall synne or that they exceden tyll vnto mortall synne That thynge is ryght harde vnto Jugement humayne and it is not possyble therin to gyue a rule generall suffycyent for to Juge of euery case inpartyculer wheder it be mortall or venyall after as it hath ben sayd before in the seuenth chapytre of this partye and therfore as nowe I reste to see in partyculer some case after y◠ordre of the ten cōmaundementes ¶ Here foloweth of the fyrste commaundement OUer these thynges sayd in the fyrste cōmaundement Caplm .xv. he the whiche wyll well purge his cōscyence ought to take hede vnto these poyntes that folowen Fyrste vnto the brekynge of his vowes yf ony haue ben broken as who sayth not carynge by dyspysynge and inobedyence agayne god the whiche was lawfull to holde and to accomplysshe it is dedely synne yf a man cōmytte suche fraccy on by delyberacyon or equyualente after the rule put in the chapytre of the scyence that a confessour ought to haue the whiche oughte well to be noted for all these cases the whiche folowen in this mater of all the ten commaundementes Also it is to be noted that for as moche that there hath ben made mencyon in the treatyse of the cōmaundemen tes of all the seuen deedly synnes He the whiche by the studye of this boke wyll examen his conseyence ought for to truste the thynges the whiche there hath ben sayd be it in generall in especyall with them that folowen in this recapitulacy on of the cōmaundementes in partyculer yf ony by syknes forgetfulnes or other cause excusable breketh hys vowe that is no synne or it is alonely venyall yf he hath auowed a thynge vnlefull he ne sholde accomplysshe it but without other dyspense ought more sooner to do all the contrary and hym to confesse of soo folysshely to haue auowed thynge the whiche is not lefull or honeste yf he haue taryed to accomplysshe his vowes in suche wyse that he thē hath forgoten or by to moche taryenge falleth in to suche inconuenyent that he ne them may accomplysshe some grete theologyens wyll saye and susteyne that it is deedly synne yf he haue made auowe to faste or to do other thynge lefull for ony cursyd ende as for to come to cōmytte thefte auoutry or other synne he hath synned mortally yf he hath made auowe of chastyte or of relegyon and afterwarde hym maryeth it is deedly synne and as many tymes and often as he requyreth on his partye the deuoure of maryage he synneth mortally but yf he were requyred he may acquyte hym in yeldynge the deuoyre of maryage without deedly synne by suche wyse that he loueth better after the wyll of reason hym to content and not to accomplysshe the werke of maryage The whiche thynge is yl to kepe all the tyme of his lyfe and therfore they that ben in suche inconuenyent they sholde make dyspense of theyr vowe and be assoyled of the synne And it is to be noted that a curate may assoyle his subiecte of the brekynge of his vowes but he may not dyspence or them chaunge without specyall lycence of the pope or of the bysshop after as the case it requyreth The dyspensacyon or cōmutacyon of the vowe of chastyte of pylgrymage vnto Jherusalem of Rome of saynt James ben reserued to the pope But the dyspence or commutacyons of other vowes appertayne vnto the prelates Also it is to be noted that yonge people that is to knowe the doughter vnder the yeres of .xii. accomplysshed the sone vnder the yeres of .xiiii. may not vowe or entre in to relegyon of theyr owne auctoryte not withstondynge what dyscrecyon so euer they may haue Also auowe is not oblygatory yf it be not made by delyberacyon and full consent Also a woman maryed may not vowe or obserue the vowe that she hath made before the maryage yf her husbond wyll not so consent and yf she hath auowed after or before the maryage the husbonde her may make it to leue without other dyspense and withoute the synne of the one or of the other yf y◠husbonde were not ony tyme consentynge The man may well vowe without lycence of his partye the whiche be not vnto the preiudyce of maryage Also they the whiche vowen neuer to kembe them on the fryday or not to spynne on the satyrdaye or other semblables superstytucyons ought to leue suche vowes symple and full of vanytees But doo after the ordenaunce of theyr wyse and dyscrete confessour and other holy faders Secondly the synner oughte well for to take hede yf he be culpable of sorceryes of wytchcraftes of charmes of inuocacyons of the deuyll or of adoracyons or of paccyon with hym and with his dyabolykes Also yf that he haue vsed ony euyll crafte or yf he haue kepte or retayned bokes of the same Also yf he haue Jugyd of the deth or of the lyfe of the aduentures of ony persone by the constellacyons and knowlege of the planettes on the skye or by phylosephye Also yf y◠he haue vsed of sorte for to knowe ony thynge yf he hath byleued ouer moche and stedfastly in the aduentures of ony dremes yf that he hath lokyd or causyd to loke in the tokens of the hande for to knowe the aduentures of hymself or of other yf he for ony syknes hath vsed lytell scrowes or of charmes yf he hath put dystyncyon in certayne dayes As the tewesdaye and the wēnysdaye or other dayes for to begynne ony werke for to make waye in beleuynge that by one daye he shall profyte better than by a nother yf he hath put fayth for ony aduentures in songe or in
cryes of ony byrdes or in the metynge of ony beestes or of other thynges in all these cases before sayd oftymes it is dedely synne and ryght selden venyall synne ¶ Here foloweth the seconde commaundement OVer these thynges before sayd in the seconde Caplm xvi commaundement the synner onght to take hede vnto the poyntes the whiche folowen yf he hath sworne in certayne the thynge the whiche is in doubte It is mortall synne specyally in Jugemente yf he hath sworne to do thynge the whiche of it selfe is yll as it sholde be to do synne he hath synned mortally nor suche othe ought not to be kepte nor accomplysshed yf he hath shewed wyttyngly the secrete or the counseyll that he hath sworne to holde secrete It is dedely synne as well in hym that swereth as in hym the whiche wyttyngly maketh suche reuelacyon knowynge well that it was gyuen hym for to kepe it secrete yf he hath sworne detestably as by the blode by that deth or by the wombe of our lorde it is dedely synne And in suche maner to swere is reputyd also as to blaspheme and in lyke wyse to dysplease by Ire god and his sayntes yf he hath promysed sworne to do ony thynge lefull and he there trespasseth without excusary on resonable and vnto his wyttynge it is dedely synne but the thynge sworne may be suche as to be te his chylde or other thynge semblable the whiche is not accomplysshed it is but synne venyall yf he hath constrayned hym to swere that he byleueth yâ— he shall be forsworne it is deedly synne except the Iuge the whiche by the order of ryghte maketh to swere ony in Justice yf in songes vnhoneste tryfylles and talkynges of langage he swereth god or his sayntes it is deedly synne also to swere troweth with out cause and for no thynge And also as at euery worde he may with grete payne be done without the contenement of the lawe of god by the consequent it is deedly synne ¶ Here foloweth the thyrde commaundement OVer these thynges spoken in the thyrde commaundement Caplm â—vâ—â— the synner ought to take hede vnto the poyntes the whiche folowen yf he occupy hymselfe his seruantes or his chyldern in worldly werkes and cursyd on the sonday or on other festes gyuen by the commaundement by couetousnes without constraynt of necessyte it is dedely synne as well in hym that commaundeth as in hym the whiche obeyth and consenteth yf he hath gone vnto fayres or vnto markettes by his couetousnesse in the sayd feestes he there may synne mortally Other thynge it shall be after masse herde yf he it may goodly here he gooth vnto the fayrres or vnto the markettes As these prelates of holy chirche suffren without makynge specyall prohybycyoÌ„ or without the makynge of ony punysshement yf he be occupyed all the daye in dysportes in feestynges in goynge on huntynge and hawkynge with out herynge masse and somtyme they occupye the se other it is deedly synne comenly here sholde they take hede and seche good counseyll tauerners â—y bakers hocsters potycaryes bayllyues and in lyke wyse sergeauÌ„tes and other offycers Also tayllers cordyners and generally all maner of people of labour and of noblesse of what so euer degree that they ben for euery man hym ought to examen after the vocacyon and estate in the whiche he lyueth and to take hede for what occasyon and with what cyrcumstaunces yf he be occupyed on the holydaye in worldly werkes for yf that hath ben pryncypally by his couetousnes it is dedely synne Also frawdes euyll thoughtes clamacyons pariurynges and other tryfylles the whiche oftymes they coÌ„mytten in all maner of marchauÌ„dyse be it in weyght in mesure in pryce in substauÌ„ce or in qualyte is more greuous synne on the holydaye than it sholde be another daye for as moche that in so doynge there is the transgressyon of the coÌ„maundementes that is of the thyrde the whiche is to halowe the feestes in the whiche is pryncypally the werke of synne also of the seuenth the whiche defendeth all thefte as shall be sayd here after ¶ Here foloweth the fourth commaundement OVer these thynges sayd in the fourth coÌ„mauÌ„dement Caplm xviii the synner ought to take hede vnto these poyntes folowen fyrst yf he hath spoken wordes vnlefull vnto fader or vnto moder yf he hath cursyd them yf he hath mockyd them yf he them hath put or stryken yf he theym hath prouoked to wrathe and he in the wronge it is dedely synne yf he theym wolde not obeye in thynge the whiche was good and lawfull it is deedly synne whan in that there is a contempt for another thynge it sholde be yf by ouer syght or in ony neclygence or in thynge of lytell reputacyon yf he ne them hath purueyde of theyr necessytes after as he may ought to do yf he vnto them borne honoure and reuerence in place and in tyme it is comenly dedely synne yf he them hath not acquyte after theyr deth and accomplysshe theyr laste wylles and testamentes after as he may and ought well to do it is deedly synne yf he hath ben Irreuerende vnto his other frendes vnto his souerayns as vnto people of the chirche vnto offycers and vnto his lordes yf he hath not taught his chyldern and other of his houshold in makynge them to kepe the coÌ„maundementes of god to receyue the sacramentes in place in tyme in prouydynge them of meete and of drynke of clothe and hosynge honestly after his power and hys estate yf he them hath causyd to leue pryde bostyÌ„ges and vanytes yf he them hath suffred to be fouÌ„de in dauÌ„ces in companyes peryllous vnhoneste yf he hath made his seruant or seruantes to werke on the holydayes in all these thynges â—â—e may haue deedly synne after the cyrcumstaunces modyfycacyon of mortall synne the whiche hath ben spoken here tofore ¶ Here foloweth of the fyfth commaundement OVer these thynges before â–ª sayd in the fyfth Caplm .xix. commaundement the synner ought to take hede vnto these poyntes folowen fyrste yf he hath done manslawghter of ony persone be it in dede in thought or by yll doynge in vsynge thynges vnlefull as it sholde be to caste stones without dyscrecyon or â—ny draught or in doynge thynge vnleful and aduyseth not them the whiche may be in dauÌ„ger or by necessyte euytable or not In the whiche necessyte he sholde be fallen by his culpe as yf in hymself defendyng he kylleth the husbonde of ony woman with whome he sholde be fouÌ„de vnhonestly in all these cases it is dedely synne Also yf ony Iuge gyue sentence of deth by enuy by Ire or by his couetousnes vpon the whiche he hath deserued to dye or not It is deedly synne yf a woman with chylde take ony thynge to procure the dethe of her fruyte and they the whiche counseyllynge or therto consenten synnen mortally folowe the dede of the deth of the chylde or not and yf the fruyte
hath soule that sholde be homycyde and the case of the bysshop in all them the whiche gynen couÌ„seyll consentyng or aydynge yf fader or moder or nouryce stop the breth of a lytyll chylde by ouersyght or otherwyse there may be deedly synne by theyr neclygeÌ„ce and defaute of good kepynge yf a woman with chylde by to moche laboure by her auaryce for to holde acquaynted for to daunce or for other ordynaunces leseth hyr fruyte she synneth mortally yf ony smyte or shoue a woman with chylde by suche Jurysdyccyon that she leseth her fruyte it is dedely synne yf manor woman enforce them to fynde wayes or maners by the whiche he may lette that the woman conceyue not a chylde it is deedly synne yf ony smyte or hurte an other in takynge from hyÌ„ ony of his membres or of the vsage of them with out the order of Justyce it is deedly synne yf he gyue counseyll coÌ„maundement or ratifye and hath excepte that ony be kylled or beten agayne the ordre of Justice and of charyte it is deedly synne not withstandynge that the dede folowe not yf he desyre the deth of a nother with delyberacyon be it for hate for enuy or for ony other cursyd cause it is deedly synne another thynge it sholde be to desyre the deth of ony malefactours for as moche as they hurte the goodes of ony good man after the Jugement humayne yf he smyte and wounde wrongefully ony in the chirche or in the chirchyarde it is sacrylege and the place halowed polutyde yf he hath made make or causeth to be made Justes in the whiche there may be peryll of deth it is synne many other cases partyculers may come touchynge the mater of the fyfth commaundement of the whiche those vnto whome they comen them ought to aduyse and pourge Here foloweth of the .vi. commaundement OVer these thynges before sayd in the. vi commaundement in Caplm .xx. the whiche suffycyently ynoughe hath ben spoken of dyuers maners of lechery the synner sholde take hede vnto these poyntes the whiche folowen Fyrste yf he hath touched vnhonestly or kyssed for to drawe the persone vnto the synne of lechery it is deedly synne notwithstandyÌ„ge that none other thynge folowe yf he hath wryten borne or sente letters vnto his knowlege for to prouoke ony persone vnto the synne of lechery it is deedly synne yf he hath made songes spoken or herde the whiche sholde be vyle and prouokynge vnto the synne of lechery pryncypally for to enduce hym or other vnto synne it is deedly synne yf he hath accompanyed ony or yf he hath gyuen fauoure of assembles or yf he hath made messages or presentes for to drawe vnto the synne of lechery it is deedly synne And in lyke wyse of those the whiche vnto suche intencyon receyuen gyftes or promysses yf he hath taken delectacyon to thynke on the dede of lechery the whiche is deedly synne he synneth mortally whan there is delyberacyon yf that he hath hadde cursyd wyll and consented vnto the dede of lechery and of suche wyll proceden lokynges spekynges touchynges in hym or in other it is deely synne In lyke wyse as the wyll wherof suche thynges proceden not that suche a wyll and the dede that foloweth ben two synnes but they ben but one alonely here ought they full well to take hede euery good persone that by hys prayer by his lokes or by his abyllymentes he ne gyueth occasyon vnto another of folysshe thought or of cursyd wyll for the occasyon may be suche that it sholde be dedely synne Also it is to be noted that of the synne of lechery proceden many passyons by the meane of whome a man falleth oftymes vnto synne and in to grete inconuenyens that is to knowe offuscacyon of the very knowlege of vnderstandynge preceptacyon incoÌ„syderacyon inconscyence loue dysordynate of his owne sensualyte loue of this present lyfe hate of the Justyce and ordenauÌ„ce of god And therfore the synner ought to exameÌ„ yf for his synne of lechery he is in suche wyse occupyed that he hath lefte to thynke on god on hys saluacyon yf he hath ben precypytant and without delyberacyon in his werkes and besynes yf he hath ben without due examynacyon of that that he hath done or for to do yf he hath chauÌ„ged his good purpose and it hath lefte aboue all to doo yf he hath excessyuely sought the pleasures and cases of hys body yf he hath to moche loued this present lyfe or the delytes of the flesshe yf he hadde in dyspleasure the lawe of god for as moche as it defendeth the concupyscence of the worlde and of the flesshe and in euery of these thynges to haue so grete exces that it is deedly synne after as declareth saynt Gregorye ¶ Here foloweth of the seuenth commaundement OVer these thynges before sayd in the seuenth coÌ„maundement vnto the synne of couetyse the synner sholde take hede vnto these poyntes that folowen The fyrste is of symony The seconde of vsury The thyrde is of fraudes and decepcyons The fourth is of iniquyte agayne Justyce The fyfth of bysshoppes The syxte of chanons of curates and of other benefyced The seuenth of iniquyte or defaute of Justyce in lordshyppes seculer The .viii. of Juges ben they of the chirche or of secularyte The .ix. of aduocacyons of procurers of notaryes be it in courte of the chirche or the secularyte The .x. of pheâ—ycyans The. xâ— of restytucyon necessary vnto saluacyon ¶ Here foloweth the fyrste of symonye AS vnto the fyrste the whiche is of symony the synner sholde take hede yf he hath gyuen moneye or other thynge by paccyon and with his good wyll for to haue or to receyue ony of the sacramentes of holy chirche or other benedyccyon hauynge intencyon them to bye or to obteyne for by cause of suche thynge gyuen it is symony and deedly synne another thynge it sholde be of hys good wyll for almes or for the reuerence of the sacrament or of the benedyccyon or for ony custome vnto the whiche to kepe he shall not be enforced and yf he coÌ„mytte the synne of symonye as well of hym that selleth these thynges spyrytuall as also of hym that them byeth suche thynges and the whiche ben cause and meane that to doo yf he gyue ony thynge temporall for to obteyne chapell personage prebende or other benefyce of the chirche or for to be presented vnto ony offyce of yâ— chirche it is symony and deedly synne for to paye the taxe of the courte of Rome for to obteyn bulles of benefyces or other letters apostolycalles it is not reputyd symony yf he hath bought or solde the sepulture of holy chirche it is symony yf he hath solde or bought vnto his wyttynge the ryght of a patronage of personage or of chapell or of other benefyce ecclesyastycall it is symony yf he hath made prayers and supplycacyonâ— vnto prelates of the chirche for to benefyce ony the whiche of that was indygne as the whiche
hath not cunnynge suffycyent for the excucyon of the offyce or the whiche is not of honest lyfe or the whiche hath not aege coÌ„petent it is symony yf ony foundatour of chirch or patron hath receyued gyftes or promysses for to present ony vnto the benefyce by cause of the whiche gyftes he hath ben presentyd it is symony and deedly synne yf he hath receyued gyftes or promysses for to be meane to procure vnto ony clerke ordre or benefyce of the chirche it is symony in both .ii. yf he hath made paccyon to receyue of ony thyng temporall for to preche the worde of god it is symonye in the one and in the other yf he hath made couenaunte of certayne soÌ„me for hym or for other for to be receyued in to relegyon the whiche is of grete and suffycyent foundacyon for to sustayn the membre of relegyous men or relegyous womeÌ„ it is symonye in both two partyes another it shall be after these doctours whan the foundacyon of yâ— monastery is not suffycyent for than a man may make couenaunt of the quantyte of gyftes not hauynge intencyon to bye ony thynge spyrytuall yf he hath procured by his owne prayers and supplycacyons ThomÌ„ in iiii to obteyne benefyces vnto yâ— whiche he hath cure of soules some doctours wyll say that he is a symonyacle for as moch as he hym sheweth indygne and meke prayer made for good intencyon with that intencyon to haue syluer for to do with suche syluer other good werke suche intencyon is not euyll nor corrupte for two good endes be not coÌ„traryes Nota quam magisâ—â— cipale non ◠〈◊〉 minus pricipalâ—s knowe ye that syluer may not be the self ende or pryncypall to make prayers or predycacyoÌ„ prayers made in intencyon pryncypally for to haue syluer to put it vnto folysshe vsages it is deedly synne symony and sacrylege lyke vnto the synne of Judas as vnto the regarde of the masse of the whiche some taken .xii. pens the whiche ben worth thyrty pens for to put them in folysshe vsage as it may be to wexe ryche by auaryce or with other maners indeuyde and yf the sayd prayer be made by Mag. io gersoÌ„ synners in other thynges soo moche the lesse it is worth knowe ye agayne thew the whiche make suche preestes to synge wyttyngly yf he hath renouÌ„cyd vnto ony benefyce by suche paccyon that it sholde be gyuen vnto his kynnysman or vnto ony other the whiche for so doynge hym hath promysed ony thynge temporall it is symony in the one and in the other mo and many other cases of symonye there may be founde as well in prelates of the chirche as in lordes temporall as in all other degrees of persones of whome I passe ouer as at this tyme by cause of shortnes notwithstondynge be the clerke well aduysed the whiche in receyuynge ordres or benefyces is fallen in symony that he is irreguler and synneth mortally in executynge offyces of holy ordres before that he be dyspensyd with ¶ Here foloweth of vsury the whiche is coÌ„myttyd as well in dede as in wyll AS vnto the seconde the whiche is of vsurers the synner ought to take hede yf he hath leÌ„te money or other thynge wherof the vsage is consumpcyon of that as sholde be corne or wyne by paccyon or intencyon pryncypall for to receyue more than he gaue that is vsury and deedly synne yf he hath lente vpon gage of thynge moeuable or also of herytage by suche condycyon or pryncypall intencyon that he shall haue the vsage or the fruytes and leue of the sayd charge without deductynge and rebaytynge of the somme lente it is vsury excepte the gendred kynnysman the whiche taketh ony wages in attendynge the promysse the whiche vnto hym hath ben made by cause of the maryage of his wyfe by suche wyse that he her mayntene as a husbonde ought to mayntene his espouse And it is well to be notyd in this mater that there ben two maners of vsuryes The one is clerely open as that before sayd The other is hyd and is commytte in dyuers maners yf that he hath bought londes and possessyons for lytyll and mynyssheth the pryce for as moche that the seller putteth in his bargayne that he may bye agayne his herytage with in certayne tyme he coÌ„mytteth vsurye yf he rebate not that that he hath receyued ouer the costes and layenges of the sayd herytage yf he sell many tymes the more harder for that that he leneth in abaytynge his payment tyll vnto a certayne tyme how be it some what he may sewe more specyally whan he loueth better to haue vpon the ower a lesse pryce than to tarye Also whan he hath bought certayÌ„ ware as corne or wyne the whiche ben yet for to gadre and for as moche that he hath auauncyd the payment he gyueth lesse than the thynge is worthe at the ower or at the tyme that he it sholde receyue it is vsery Also whan he leneth pryncypally for the intencyon to haue presentes money ayde or other thynge temporall it is vsurye yf he hath betaken bestyall vnto haluys by suche condycyon that yf there happen mortallyte or other aduenture of losse wherof he the whiche them taken is not the cause neuertheles his catyll shal be euer more sauf and entyer it is vsury and for a rewle generall alwayes as in suche contractys be it of shepe of laÌ„bes of the hyre of oxen or of other bestes that the one of the partyes maketh his pryce and paccyon in suche maner that he is assured to wynne or nothynge to lese what so euer that there happen and the other partye abydeth in doubte and subiecte to the aduentures of fortune suche coÌ„tracte is agayn reason and agayne Justyce but whan the exces of the one partye or of the other is suche that with greate payne he may be in losse or in gayns soo that they entende no fraude the one vnto the other I put that euery of them awayte vnto his owne proffyte here is none vsurye yf the procurer or tuter of ony faderles chyldern gyueth theyr fynauÌ„ce vnto vsury to the ende that the sayd fynauÌ„ce vnto them shall prouffyte and that by that meane they were nourysshed or theyr maryages augmented and also that poore marchaundes by suche meane that them myght auantage that notwithstondynge it sholde be deedly synne and to the sayd procuroure or tutour is bounde to restore the sayd vsurye in case yf they the whiche haue hadde the prouffyte wyll not restore In lyke wyse as they there ben pryncypally bounde Also it is well to be noted that many sellers and byers ben full of vsurye before god and after good conscyence as well for the cause of the entencyon of the beynge as also of the sellynge the whiche alwayes semen to be lawfully solde after the forme of the contracte and of the wordes as for example Martyn hath necessyte to fynde an hundreth crownes for to lene but he seynge
yf he be not entred regulerly as before hath ben sayd he is a theef in lyke wyse as our lorde sayth in the gospell If he hath gyuen holy ordres by symonye in secrete wyse he is suspende alonely as vnto hyÌ„ is in mortall synne lyke wyse those the whiche so ben ordeyned ben suspende vnto them it behoued to seche dispence before that they execute theyr offyces If he hath gyuen holy ordres wyttyngly vnto them that haue not age to determyn in ryght it is deedly synne for he may not dyspence at the sayd tyme. If he hath gyuen ordres wyttyngly vnto ony the whiche hath not than the which sholde precede or to gyue ordres in an other tyme than of ryght wtout the dispence of the pope it is deedly synne he yâ— whiche so hath ben ordeyned is supende If he hath lefte ony thynge to do or to saye the whiche is of the essence of the sacrament of holy ordres hym behoued all to go backe for as moche as in suche sacrament it is create of god gyueth a token spyrytuall named caractere An other thynge it sholde be yf he lefte a thynge the whiche sholde not be essencyall how be it a man sholde supplye in these other ordres that the whiche is forgoten yâ— haÌ„gynge the clerke so ordened shol not offyce nor there ne may ignorauÌ„ce vycyous excuse suche defautes Yf he hath not caused to make examen of the age of the holy lyfe of the scyence of other thynges yâ— whiche ben requysyte of ryght in them the whiche sholde be ordeyned it is deedly synne For by suche defaute many indygne ben receyued ordeyned vnto the grete preiudyce of soules of all the holy chirche Yf he hath ben neclygent to gyue the sacrament of confyrmacyon by yâ— whiche many be deed wtout suche sacrament the grete good spyrytuall caractere the whiche in suche sacrament is receyued or yf in it gyuynge he hath not kepte the forme the mater the place That is to vnderstande in yâ— forhede or wyttyngly it gyueth two tymes vnto one self persone Yf the very daye of the asshes he hath not consecrate the holy creme other thynges in kepynge there the forme and ordynaunce of holy chirche he there may haue deedly synne Yf he hath not consecrate in place in tyme chirches chircheyerdes ornementes Also abbotes abbesses Also in reconsylynge chirches chircheyerdes In all these thynges he may haue so grete defaute daÌ„mage spyrytuell that it sholde be deedly synne Yf he hath prouyded of benefyces be it of cures of soules or without cure those the whiche were notably indygne it knoweth or sholde knowe it is deedly synne And in lyke wyse in receyuyng them indygne as some present by auctoryte of patronage Yf he hath gyuen prebendes or other benefycê vnto his kynnesmen pryncypally for by cause of lygnage in them preferryng them vnto them that ben more worth it is deedly synne Yf he hath not prouyded vnto chirches of a rectour in tyme in the maner that is of ryght well possyble or yf he hath receyued vnto holy ordres without tytle suffysauÌ„t or hath not vysyted his dyocyse as ryght and reason it ryquyred in prouydynge of confessours other mynysters in correctynge the defautes the whiche is done ayenst the sacramentes the offyce dyuyne and the vyces sclauÌ„dres of his clergye of his subgectes Also yf he hath not made punycyons correccyons after the discrecyon charyte ordeyned vnto the ryghtes the daÌ„mage of the soules the sclauÌ„dre these other ylles yâ— whiche cometh by the occasyon of the defaute of the thynges before sayd vnto hym shall be imputed moche greuous the dede of conscyence In lyke wyse as it is well shewed by the fygure of the auÌ„cyent testameÌ„t in the .xxv. chapytre of nombres For our lorde seeynge that none ne dyde correccyon in lyke wyse as it apperteyned vnto ylle synnes the whiche reygnen in the people of god coÌ„mauÌ„ded vnto Moyses that all the prynces of the people sholde be hanged on hygh gybettes and for the defaute of correccyon deyed in one daye xxiiij thousande men of the people of god Also yf he hath founde newe exaccyons for to extorcyon gyftes promysses or AS vnto the .vi. poynt the whiche is of chanons curates other benefyced it is to be noted ouer these thynges beforsayd of symonye of the estate of prelacyon that all they the whiche receyuen offyce or benefyce in the whiche to execute gouerne they haue noo connynge competent they synnen mortally after as sayth saynt Thomas in the .xviij. distiction du quart Also chanons curates other prebendaryes sholde take hede yf they haue euyll intreated the benefyce as in lettyng the buyldyngê to go vnto ruyne or indyspendynge yll in folysshe vsage the fruyâ—â—s rentes reueÌ„nes of them be it ayenst theyr ryche frendes or otherwyse For it is sacrylege after mayster Alexande de halis in his tyers they be bouÌ„de to make restitucoÌ„n but wherof in what maner it is a harde thynge vnto many Yf they haue procured dyspenses to opteyne Nullus 〈◊〉 câ—â—ricus â—â—â—o vel fauore dêª â—â—lâ—â—â— epÌ„o peccatuÌ„ publicuÌ„ ê‘rochiani â—â—â—vel câ—â—aÌ„ minê°diâ—â—e peniteÌ„tâ— recoÌ„ciliaâ—â— ci testimoâ—â—uÌ„ de hoc ferre vt digne peniteÌ„teÌ„ repâ—llere alâ—as symon aÌ„â—mittit extra d â—â—monia â—a Nemo â—â—â—sâ—ite â—orum many benefyces pryncypally for ambicyon by auaryce Also yf they haue receyued the goodes of the benefyce wtout there makynge the seruyce the whiche vnto it apperteyned or there haue coÌ„mytte persone indygne insuffycyent by the whiche it happened that the offyce of god is euyll sayd or the sacramentes intreated admynystred vnduely as it is of confessyons vnparfyte by the defaute of trewe examynacyon and to enioyne restytucyons Also as is the defaute to vysyte to take hede vnto â—â—lâ—â—â— nolumê° incorrectuÌ„quamâ—deÌ„ clerâ—â—â— ecclesâ—as sic exâ—â—nunt suê‘lectibê° â—prus etiaÌ„ alieâ—â—â— the syke to couÌ„seyll to conforte those the whiche ben in necessyte be it corporally or spyrytually to brynge vnto concorde those the whiche ben in wrath in dyuysyons Of all these ylles other the whiche ben in the people without nombre shal shall answere all those the whiche holden cures benefyces Ut pociê° domê° laice quaÌ„ dei basilice videaÌ„tur noÌ„ ê¯sideraÌ„tes ê™ dnÌ„s noÌ„ sinebat vt vas transferetur ê‘ teÌ„pluÌ„ SuÌ„t aliâ— q i noÌ„ soluÌ„ ecclesias dimittuÌ„t iÌ„cultas verum etiam vasa ministerii et vestimenta ministrorum ac pallas altaris necnoÌ„ ipsa corê‘alia taÌ„ imuÌ„da reliquuÌ„t ê™ iÌ„terduÌ„ aliqiê° suÌ„t horrori qr â—o zelus nos comedit domê° dei firmiter ê“hibemê° ne hmoÌ„i suê‘lectilia iÌ„ ecclesiis admittaÌ„â— nisi ê“pter hostiles iÌ„ cursê° aut inceÌ„dia reptina seu alias necessitates vrgâ—tes Ad eas dêª â—â—c refugiuÌ„ sic
vt necessitate cessaÌ„te res in loca pristma reportentur Precipimê°que vt oratoria vasa corê‘alia vâ—stiâ—â—ta pÌ„dicta muÌ„da nitida ê¯serueÌ„tur nimis ei absurduÌ„ videtur in sacris sordes necligere qÌ„ dedeceret etiaÌ„ iÌ„ ê“phanis pateÌ„t Hec extra de custodia â—ucar extra dâ— cohabitatoÌ„e cleri et mulie Item extra de senteÌ„ eâ—coÌ„ Si ê¯cubine de cohabitatoÌ„e cleri mulie QuesituÌ„ Also yf ony hath it posseded yâ— benefyce of the chirche yâ— whiche hath not insencyon to be fynally a man of yâ— chirche it is mortall syÌ„ne moche greuous he ought to make restitucoÌ„n Yf he hath receyued the dystrybucoÌ„ns quotidieÌ„nes of colle wtout theyr abydynge not wtstandynge yâ— yâ— ordynauÌ„ce is suche that wtout he be present nothynge he shall take or that he is gone vnto the offyce pryncypally for the distrybucyons temporalles it is deedly syÌ„ne If he desyre to haue cures or benefyces more pryncypally for the good temporall than spyrytuall it is mortall synne symonye spyrytuall If he hath lefte by fere by fauour by loue by gyftes or by ê“ mysses for to shewe vnto his soueraynes the ylles synnes open that he wyll not or may correcte in his subgectes he coÌ„mytted symonye after the ryghtes If he hath lefte the goodes moeuable or vnmoeuable of chirch be they thynge halowed or other for bycause or in maner that they be not grauÌ„ted of ryght or also as with the goodes of the chirch byed herytage forte gyue to leue vnto his kynnesmen or vnto a nother place than to the chirche he syÌ„ned greuously ought to make restytucyon If he hath suffred vten syles as lynen cloth or wollen flesshe corne wyne or other thyngê noughty hath ben put in the chirche wtout necessyte lefull suffycyent after the ryghtes as is sholde be for fere of theues or of the enbrasynge fyre the whiche sholde be in the houses or other euydent necessyteâ—s the whiche passed the sayd thynges sholde be taken out of the chirche place halowed he synned greuously in trespassynge yâ— coÌ„mauÌ„ dement of the pope Innocent the thyrde in lyke wyse all they the whiche ben consentynge or yâ— cause of suche dyshonour Also coÌ„mauÌ„ded by expresse wordes of the same pope chirches chapelles chalyces corporaces towelles halowed awters chesybles other vestymentes vesselles ordeyned vnto the seruyce of the awtre be kepte pure clene And it is well to be noted in this mater as to do wyttyngly that the whiche the pope defended or dispraysed to do that that he coÌ„mauÌ„ded it is deedly synne If he suffred that ony playes prouokynge hâ—m vnto vanytees or noyses turbacyons grete noyâ—es or also drynkynges or etynges to be done in the chirche or in other place halowed he synned greuously If he hath fouÌ„de or gyuen noualtees of relykes them hath denouÌ„ced vnto the people for his auaryce pryncypally or yf he hath extorcyoned by cautell or by fayre langage almesdede or oblacyon it is mortall syÌ„ne If he hath receyued vnto sepulture ecclesyastycall ony persone excoÌ„munycate by sentence of ryght as vsurers open or other or those the which were denouÌ„ced enterdyted in other maner than it is taken of ryght ouer the syÌ„ne mortall he is excoÌ„munycate in lykewyse as it apyred by the Clementyne Also yf he hath receyued vnto sepulture these the whiche seeth eche other in tormentê defended he syÌ„ned mortally If he be a concubynarye open knowen when it is so that he of that was lawfully vaynquysshed or that he hath that confessyd in Jugement or that his synne is so open so euydent that all they of the parysshe or the more grete partye of them it knowed or that there be so grete perseuerauÌ„ce that noman ought to doubte he is suspende as vnto hymselfe as vnto other yf he saye masse or admynyster other saâ—rameÌ„tê in suche estate he is irreguler after as sayth â—ostyense And moreouer some lawyers holden that in suche case there may not be dyspence but alonely by the auctoryte of the holy syege apostolycall And this opynyon holden Rycharde de media villa the Scotte John andrewe Astence Panorme alledgynge the chapytre CuÌ„â—terni extra de senteÌ„cia et re iudicatâ— Also after yâ— he is coÌ„munycate namely al those the whiche hym knowâ—â— synnen mortally in herynge his masse but an other thynge it shold be of an other synne the whiche is secrete for durynge that the holy chirche it taketh awaye a man synned not mortally Also it is to be noted that the concubyne of the preest suspende as vnto hymself as vnto other excoÌ„munycate as it is sayd renned in the sentence of the grete excoÌ„munycacyon By the whiche it foloweth moreouer that suche persone may neuer be assoyled sacramentally but in the artycle of deth yf he be Hoc â—baâ— ê‘ decâ—e tuÌ„ basiliefi extra d snÌ„iâ— excoÌ„ Si â—cubâ—â—e publice clericoruÌ„ eccâ—astice ceÌ„sure districtoÌ„e artaÌ„â— eosdeÌ„â—rubinarios noÌ„ est dubiuÌ„â—nÌ„iâ— maioris excoÌ„is inuolui qui post lataÌ„ sentenciaÌ„ coÌ„icaÌ„t iÌ„ eodeÌ„ crimâ—e crimi nosis hec ibidem not fyrst vnbounde of the sayd sentence And so it ought to be vnderstande of the concubyne the whiche perseuered with her rybaude excoÌ„munycate by that cause of fornycacoÌ„n If he hath not borne â—onsure honeste yf he hath lerned the offyce of a laye man or vnto marchauÌ„de in byenge for to selle agayne openly more derer therfore to gayns as a laye man may yf he hath haunted taueâ—nes the playes of Joglyng dauÌ„ces with women In all these cases may he haue so grete so excessyue sclauÌ„der yâ— it is mortall synne Also yf he hath songe masse in leuynge wyttyngly ony of the vestymentê vnto that requysyte as is the coope the aube the many ple the stole the chesyble or wtout messall without lyght or wtout clerke to answere it is deedly synne for of that he may not be excused by ignorauÌ„ce If he hath left his matens canonycalles all or parte vnto his wyttynge wtout cause resonable as it shold be for syknes or other necessyte it is deedly syÌ„ne after that he is subdeacon in lyke wyse of the matens of our lady whan they ben of the ordynary or of custome approued But yf he them hath lefte by forgetfulnes he shal be holden to axe forgyuenes whaÌ„ it vnto hyÌ„ is remeÌ„bred Also yâ— he be occupyed wyttyngly in thyngê outwardby the whiche he hath gretely distrayned to vnderstande his mateus or yf be put to thynke on an other thynge vnto his wyttynge he there may haue deedly syÌ„ne an other thyng it sholde be of thought comynge ayenst the wyll If he hath receyued holy ordres before the age coÌ„petent that is to knowe subdeacon before .xviij. yeres deacon before .xx. preest before .xxv. it suffysed that the .xxv. be begoÌ„ne or elles it is deedly syÌ„ne And he ought not to excecute the offyce aperteynynge vnto the ordre tyll vnto the
tyme determyned of ryght If he haue lefte ony thyng notable aperteynyng vnto the forme or mater of sacrameÌ„t it is deedly syÌ„ne yf wyttyngly or by neclygence he hath coÌ„mytte suche obmyssyon Also after holy Thomas he the whiche excercysed the offyce of holy ordres in deedly he syÌ„ned mortally as oftymes as he hath touched the thyngê holy Also yf he hath admynystred ony of the holy sacramentes vnto synners notorely knowen and open before satysfaccyon amendement competent it is deedly synne Yf he hath songe masse in deedly synne wtout hym confessynge repentynge duely yf he hath place oportunyte it is deedly synne Yf he hath coÌ„mytted notable reuerence ayenst the sacramentes as puttynge no water in to the chalys or that the oost were broken or the wyne aygre or sowre or the holy oost euyll kept or hath left ony thynge notable by to moche hastynge hyÌ„ or to synge for other intencyon than holy chirche doth intende or hath not borne reuerently with lyght the body of our lorde vnto syke folke In all these thynges many other the whiche may come by neclygence he may haue suche exces that it is mortall synne Also yf he hath promysed to saye certayne masses of that hath receyued the almesse in intencyon not to saye that that he hath promysed it is deedly synne Also yf he hath ben neclygent hym to prepayre dyspose for to synge at the leste in the grete festes and solempnytees but hath lefte that to do not pryncypally for the fere reuerence of the sacrament he there may haue deedly synne Also yf he hath assoyled of the sentence excoÌ„munycacyons or in the caas and persones vpon whome he hath not power nor auctoryte or hath made dyspense of vowes or yf he hath shewed the synne of the persone the whiche he hath herde in confessyon or hath enioyned penaunces of almesse the whiche by his inducynge cometh vnto his prouffyte temporall or hath be notably vndyscrete in assoylynge them the whiche weren indygne for as moche as they wolde not pardonne or requyre pardonne or make restytucon after as it was of reason or they wolde not leue ony synne or yf he hath enquyred malycyously of the name of the persones with whome they haue synned those the whiche them confessâ—n vnto hym or hath done his deuour to examen the dede of the coÌ„scyence of poore symple synners or hath not ben desyrous it to enquyre of clerkes and more experte than he was of the dyffycultees perplexitees the whiche often is fouÌ„de in the dede of the conscyence or hath assoyled in deedly synne without true contrycyon In all these cases beforsayd there is comonly mortal synne Yf he hath broken the vowe of chastyte the whiche he hath done solemply ouer the pryncypall promysse made vnto the sacrament of baptem That is to vnderstande whan he receyued the holy ordre of subdeacon Also whan he receyued the holy ordre of deacon And afterwarde in receyuyng the ryght holy sacred ordre of presthode And therfore the trangressyon of suche vowe is horryble sacrylege dygne of eternall deth Also yf â—â—â— q. ca. oeÌ„s eâ— c. sequis Si â—o sâ—câ—r dos eâ— filia sua pe 〈◊〉 forâ—catê° fuerit scâ—at se graâ—â— adulterâ—â—â—mâ—â—â—sse â—dâ—ireo femâ—a si laâ—â—a â— oia relâ—â—quat et res suas pauê‘â—bê° tribuat â—uersa in monasâ—e rio deo seruiat vâ—â— ad mortem he hath knowen carnally his paryshens vnto who me he hath other tymes admynystred the sacrameÌ„tes of holy chirche or his doughter or her the whiche he hath holden in confyrmacyon or also his godmoder his kynneswoman or his affynyte ouer the grete detestable synne mortall ben ordeyned dyuers paynes after the ryghtê for suche cases Also yf he hath gyuen benedyccyon nupâ—yale vnto those the whiche other tymes it hath receyued he is suspended of the offyce of the benefyce of the whiche he may not be releued but of the holy fader And yf Sacerdos auteÌ„â— maluÌ„ exempluÌ„ dedit hoibê° ab oÌ„m of fâ—â—â—o deponaâ— ê‘e grinaÌ„do .xii. aÌ„nis penitcat postea veâ—o ad monasteriuÌ„ vadat ibique oâ— bus diebê° vite sue deo seruiat hec ibi Si vero est epÌ„s et fornicatio eâ— notoria debet deponi xv aÌ„nis peuâ—tere Ibidem he admynystre ony of the sacramentes before that he there be remedyed ouer the payne beforsayd he is irreguler in so berynge hym vnto the sacrameÌ„tes in suche estate he synned alwayes mortally To nombre in partyculer all these cases the dyuersyte of synnes the whiche may come vnto bysshops deanes chanons curates chapellayns other people of the thirche of relygyon by cause of theyr dygnytees offyces euyll kept it is a thynge ryght harde vnto all lawyers theologyens But the holy scrypture the whiche teched all trouth the whiche is necessarye vnto all saluacyon it suffyseth well vnto the conscyence of euery man of the chirche the whiche hym enforced to do that the whiche is in hym for to please god and for to kepe well and Justely the degree and for to execute the offyce that god and holy chirche vnto hym hath commytted ¶ Here foloweth of the defaute of Justyce in domynacyon seculer or temporall AS vnto the .vij. poynt the whiche is of the seygnourye seculer it is to vnderstande that kynges dukes couÌ„tes all other degrees of seygnourye sholde fyrste take hede how they be comen vnto the sayd seygnourye That is to vnderstand yf by ryght of lygne or by other waye of Justyce for than they theyr may purchase saluacyon But yf they it holden by vsurpacyon or tyraÌ„nye ayenst ryght Justyce they them dampnen they haue no power there to coÌ„mytte offycers in ony degree or auctoryte but in so doynge they synne mortally the offycers in lyke wyse in excecutynge theyr other oppressyons by force of armer or otherwyse â—â—uÌ„s dauid â—uâ— deê° â—aÌ„ magnuÌ„ testimo â—â—u ê‘hibuit in his â—tâ—â—â—eÌ„turio â— dnÌ„o dâ—â—it noÌ„ suÌ„ dnÌ„e dignus vt intres subiectuÌ„ meuÌ„ Hec ibi Reâ— poÌ„t facere regeÌ„ iniâ—tas imê‘andi innocente â—o 〈…〉 or do seruâ—eÌ„â— paâ—â—t xxiii q. â— in lyke as it was possyble it is deedly synne For for that cause seruyce to do vnto the comons they holden theyr seygnouryes these rentes these trybutes these taxes If he hath Juste tytle to make warre but in yâ— doynge his affeccyon is vnordynate by auaryce or other wyse he there may haue deedly synne as well in hym as in them the whiche executen the sayd warre Wherefore it is to be noted as to do that wherof ony warre may be made Justely it behoued that he there haue .vi. condyâ—â—ons that is to vndstande a good wyll desyre to do Justyce with auctoryte of yâ— to do this is of the partye of the prynce Also in them the whiche executen the dede of the sayd warre ought to be intencyon condycyon
Intencyon not pryncypally for auaryce or for his propre veÌ„geauÌ„ce Condycyon that is to vnderstande that the persone the whiche maketh suche warre be laye or seculer not clerke in holy ordres Also in them ayenst whome a man maketh warre ought to haue some gylte or defaute by the whiche they haue deserued to be punysshed for wtout these .vi. causes warre may not be Juste Also it is to be noted that these subgectes of prynces the whiche ben men of warre be not bouÌ„den to haue all knowlege yf the warre be Juste or vniuste but vnto them it suffysed not to be certayne that the warre that they make by coÌ„mauÌ„dement be contrarye vnto reason vnto Justyce If he hath suffred wyttyngly capytaynes or other offycers that he knowed to be pyllers oppressours of the people he synned mortally is holden with all daÌ„mages oppressyons the whiche by defaute of correccyon ben felonyed If he hath suffred coÌ„mauÌ„ded homycydes mutilacyons flagellacyons or pryson ayenst ryght Justyce or not wtstandynge that the cause were Juste he it hath done or made to be done pryÌ„cypally by hate or vengeauÌ„ce it is deedly syÌ„ne moche greuoê° If he hath made or suffred â—orneys duellacoÌ„ns or the fyght of two men playes or pÌ„sentacoÌ„ns yâ— whiche of theyr condycoÌ„n oftymes ben thyngê noysauÌ„tes to the body to the soule whiche he myght defende make to cesse it is mortall synne If he haue coÌ„mytte ayenst the chirche caas wherfore a man hyÌ„ may lawfull suspende enterdyte or excoÌ„munycate that notwtstandynge he hath made masse to be songe in his presence in sustaynynge yâ— censures of holy chirche it is mortal syÌ„ne moche greuoê° If he hath taken coÌ„mauÌ„ded or approued that clerke or persone relygyous were taken beten or inprysoned in dede not in ryght wtout the lycence Juste permyssyon of the chirche ouer the deedly synne he is excoÌ„munycate If he hath suffred lawes or statutê in his seygnourye the whiche weren coÌ„traryous to the lybertees of holy chirche ouer the mortall synne he is excoÌ„munycate Also in lyke wyse yf with out lycence of the pope concessyon Jurisdycall he hath coÌ„mytte and suffred to be put and imposed vpon the people of the chirche the whiche is not suffred of ryght taxes subsydyes watches serches or other exaccyons after he hath admonycyon to cesse despysed so to do ouer the mortall synne he renned in the sentence of excoÌ„munycacyon yf he hym correcte not within the space of the tyme ordeyned in ryght that soo for to doo And also yf by his cryme the cyte the towne or the couÌ„tre fallen in enterdyte he is culpable of the cessacyon of all the good dedes whiche myght be done had ben done yf it had not ben enterdyted Also yf for the censures ecclesiastycalles done to hyÌ„ or to his after the ordre of ryght he endaÌ„maged or gyued vexacyon vnto Juges or mynystres of the chirche ouer the mortall synne he is excoÌ„munycate Also yf he hath receyued suffred open vsurers of an other regyon to dwelle enhabyte in his seygnourye to vse theyr vsuryes hath put no dilygence them to expelle with in the tyme that to do â–ª is ordeyned â—e is excoÌ„munycate And in suffrynge them of his seygnourye to excercyse the sayd vsuryes in gyuynge vnto the permyssyon or consentynge it is mortall synne Also yf he extorcyon or dystresse or gyued ayde or consentyng that to do vpon marchauÌ„des or pylgrymes vpon yâ— see he is excoÌ„munycate yâ— absolucyon reserued to the pope Also yf he take retayne the goodes of them yâ— which haue had lettynge in torment perdycyon of theyr goodes fraccyon brekynge of vesselles shyppes vpon the see he synned deedly As sayth Astence that no custome may hym excuse Also yf he make to sette on fyre chirches monasteryes or other holy places Or yf he do or make to be done wronges fraccyons wtout the ordre of ryght of Justyce ouer the mortall synne he is excoÌ„munycate yf he be denouÌ„ced for suche by the dyocesayne the absolucoÌ„n is reserued vnto the pope If he haue letted the eleccyon of ony to prelatê ecclesyastycall malycyously by fere by vyolence or by other cursyd meanes or also to ê“cure that ony were chosen ayenst the lyâ—â—rtees ordynauÌ„ces of ryght or hath gyuen greef or vexacoÌ„n vnto college or vnto ony of them for as moche as men to hyÌ„ hath not obeyed in chosynge after his wyll ouer the mortall synne he is excoÌ„munycate If he hath broken fyled yâ— preuylegê of yâ— chirche in makynge by vyolence to take ony ê‘ sone in the chirche or other place preuylged wtout permyssyon of ryght he coÌ„mytted sacrylege mortall hym may a man denounce excoÌ„munycate aftr that he hath ben warned duely to repayre the forfayte If he pylle the people of the chirche or rauysshe thyngê the whiche aperteynen to the chirche or taked for to marke yâ— people of the chirche he syÌ„ned mortally If he hath presented as patron of the chirche or hath ê“cured by other that he yâ— which was indygne after ryght were receyued to benefyce ecclesyastycall it is mortall synne If he haue taken moneye gyftes or promysses for to present ony vnto benefyce of the chircâ— or hath wryten made supplycacoÌ„n vnto the pope or vnto other prelate to benefyce ony yâ— whiche of yâ— was vnworthy he is symonyacle in mortall synne If he hath gyuen ayde fauour or defence to heretykes or scismatykes in asmoche that they be suche he is excoÌ„munycate If he appropre thyngê yâ— whiche aperteynen to an other or letted wyttyngly the preuylegê or lybertees of ony it is mortall syÌ„ne If he haue letted by hyÌ„ or by his offycers yâ— ony cause Li. vi de imunitate ecclesie ca. QuoniaÌ„ were not drawen in the courte of the chirche in lyke wyse as it aperteyned of ryght he is excoÌ„munycate If he hath made or imposed nouelte of lawes yâ— whiche ben contraryous to ryght to Justyce it is mortal syÌ„ne Iâ— he be yâ— messenger of an other seyg forthwith hastely sence for to knowe how her lady maystres dyde the sayd LouÌ„tesse it was fouÌ„de that at that houre that she vnto her apyred she was deed pyteously And this vysyon reherced the sayd lady vnto many in her lyf in the whiche it apyred that it is truely sayd that a fole byleued not soo moche QuicuÌ„que eâ—cedit i â—â—dumeÌ„â— vel alâ—is muÌ„di huâ—â— orna 〈…〉 t is supâ—lue nota biliter peâ— cat â—tra caritateÌ„ prâ—m daÌ„ nabiliter deuÌ„ offendit etiaÌ„ morta liâ— nisu penâ—teÌ„do se corrererit taâ—â— a supflua resecaue â—it cuÌ„ diabolo an gelis eiê° insâ—piter nuÌ„ interituÌ„ vadit hec eusebtê° i epâ—a de obitu hieronÌ„ li. vi â— imumtate ecclesie ca. QuoniaÌ„ Qui hêª duas tunicas der vni noÌ„ hnÌ„ti luc iii. Qui habuerit subsâ—aÌ„â—iaÌ„
muÌ„di huâ—ê° viderit freÌ„m suâ— necessitateÌ„ ha bere clauserit vi scera sua abeo quoÌ„ caritas deâ—manet i co â— â—o iii. ca. Si vir aut mulier se ornauerit vultê° spectaÌ„tiuÌ„ ad se â—â—â—â—cauerit si nulâ—uÌ„ inde venâ—at daÌ„naÌ„ iudiciâ— tnÌ„ pati etur i eternuÌ„ qrvenenuÌ„ obtulit si nÌ„fuerit qui biberit hec criso that he receyued And vnto that purpose sayth Eusebius in the epystle of the deth of saynt Ierome that euery persone the whiche exceded in robes in yssues or in other abylymentes worldely be it that the sayd exces be to prayse it may be so grete the affeccyon so moche vndrdynaâ—â— that it is mortall synne to determyne how moche how the sayd exces is mortall or venyall vnto the regarde of ony persone in partyeuler it is a chyng ryght harde as vnto Jugement humayne But as sayth a lawyer named Monaldus the blessyd holy goost teched many tymes them the whiche ben dysposed that that may not do the subtylyte of the entendemeÌ„t or vnderstandynge humayne for as moche that it is he the whiche teched all trouth necessarye vnto saluacyon Also sayth our lorde in the gospell vnto the purpose of the horyble dampnacyon of hym the whiche exceded in abylymentes that he theÌ„ whiche hath two gownes is bounde by the lawe of charyte for to gyue one vnto hym the whiche hath none And it ought also to be vnderstanden that he the whiche ouer suffysaunce hath haboundaunce he ought for to ayde charytably vnto chose the whiche ben nedy Also ladyes and gentyl women or other women the whiche them appareyle to please men carnall worldely and to the entent that they them coueyten dysordynatly synnen mortally in Justicia â—emota â—d suÌ„t magna regna nisi magna latrocuâ—â—a Aug. li. dâ— ciuitate deâ— lyke wyse may it be spoken of men By these thynges beforsayd apyred the peryll of those vnto who me it aperteyned to yelde kepe defende Justyce of the grete ylles the whiche may come by theyr defaute as well in them as in theyr subgectê And therfore sayth well saynt Austyn that grete seygnourye is none other thynge but grete theftes and pyllers yf Justyce reygne not gouerne And for a conclusyon to put in this mater cometh vnto my purpose the questyon the whiche saynt Thomas made That is to vnderstande yf he the whiche doth ony thynge contraryous vnto Justyce synned mortally The answere For as moche as Justyce ordeyned these creatures the one ayenst the other after that it is of reason in yeldynge to euery man that that vnto hym apperteyned to do the contrarye wyttyngly it is ayenst the charyte of his neyghbour by the consequent mortall synne for as moche as paradyse is promysed vnto Juste men these vnlawfull vniuste dwellen in helle ¶ Here foloweth of Juges be they of the chirche or of secularyte AS vnto the .viij. poynt yâ— which is of them Deinde vâ—â—oâ— timeÌ„tes deuÌ„ et i â—bsit â—itas oderâ—â— auarâ—ciaÌ„â—â—udicâ—t ppâ—m exo xviii the whiche haue offyce Jurysdyccyon to gyue sentences to make Jugementes It is to be noted that they sholde take hede ben they of the chirche or of the secularyte vnto the poyntes folowen Yf he be entred in the sayd offyce by symonye by fraude or by vsurpacyon for than he hath none auctoryte to Juge but in so doynge he synned mortally If he haue exceded wyttyngly the besynes of his coÌ„maundement or of his Jurysdyccyon he synned mortally and ignoraunce vycyous may not hym excuse If he by fere by coueytyse by loue dysordynate or other cursyd cause he gyueth sentence ayenst ryght and Justyce wyttyngly it is mortall synne and is bounde for to restore the partye in dammage in caas that he for whome he hath ben Juged wyll not restore hym If by his ignoraunce vycyous he hath gyuen fals sentence he ought to dysdammage the partye and â—ath synned mortally If he haue ben neclygent for to studye and to en quyre the trouth for to yelde and gyue lawfull sentence by the whiche neclygence he hath Juged falsely it is mortall synne and is holden vnto the partye as before hath ben sayd An other thynge it sholde be of a Juge ouerseen the whiche hath done his deuour for to haue the counseyll of lawyers and clerkes and that not withstandynge hath gyuen fals sentence by symplenesse and not vnto his wyttynge nor by no malyce For obedyence ayenst hym the whiche in that hath ben ouerseen and the grete dylygence that he hath done for to enquyre the trouth hym may excuse before god And this the whiche is sayd of Jugement contencyons and in outwarde thynges may a man saye of the Jugement of the conscyence the whiche is made in confessyon for euery confessour is Juge ecclesyastycall and spyrytuall I put that some wyll saye that as well he the whiche enioyneth the offyce of of the confessour as he the whiche it receyued and is not suffycyent that for to do synnen mortally But that sholde be vnderstande of those that auaryce and presumpcyon induced that to do and for not of those that charyte inclyned vnto saluacoÌ„n of soules I put that after good holy intencion in receyuynge or in enioynynge the offyce he may haue so grete dylygence to studye or to enquyre the trouth that in gyuynge fals sentence of absolucyon he there Hec secundâ— RaymuÌ„duÌ„ sholde haue mortall synne If the couÌ„seyller of the Juge the whiche Juged is symple of good wyll couÌ„seylled ylle by ignorauÌ„ce vicyous or by other malyce yâ— Juge may be excused in gyuyng fals sentence the which he byleued to be good but the couÌ„seyller synned mortally in affermyng falsyte for veryte so is holden to restore or to procure restytucoÌ„n to be made vnto the partye But yf it be very semblable vnto the Juge that his couÌ„seyller is not experte in lawes or in customes or hath no renoÌ„me of grete Justyce they be not excused yâ— one ne the other of mortall syÌ„ne in gyuynge fals sentence not wtstandynh yâ— they byleue that it be good euery of them is bouÌ„de to restytucoÌ„n not yâ— double restytucoÌ„n ought to be made to yâ— partye but yf the one restore not yâ— other is bouÌ„de to restore If the Juge ordinarye take money or other thynge to yelde JugemeÌ„t it is mortal synne may come in foure maners The fyrst i. q. i. Jubemê° for to take moneye to Juge falsely to repayre suche synne the thynge the which for suche occasyon hath ben gyuen aperteynen after the ryghtê vnto the partye whiche is hurte Secondly to take moneye to Juge Justele the moore sooner Thyrdly to Juge notwtstange that of yâ— to do he hath none Juris â–ª diccyon or puyssaunce Fourthly to the ende that xxiij â— v. capÌ„ Administratores he Juge not fals In all these foure maners testytucyon ought for to be made vnto hym the
lyke as it appyred by these scryptures The fyrst is pryde and elacyon by the whiche proude men of good ryght be compared vnto bestes For of the thynge wherof he hym sholde humyle he hym enhaunced and enpryded The seconde ylle is the occasyon Noli â—reâ—e fieriâ—uder nisâ— valeas virtute irruÌ„â—e inâ—â—rateÌ„ ne forte extune seat facieÌ„ poteÌ„tâ—â— eccl vii gre Hoc si hoiÌ„es atteÌ„â—â—râ—â—â—latoÌ„es noÌ„ aâ—â—â—irâ—t of the more grete dampnacyon for as it is sayd before the Jugement of those the whiche haue had prelacyon shal be ryght strayte The thyrde is â— in receyuyng prelacoÌ„n he hyÌ„ byndeth to answere to yelde accompte of his synnes of his subiectê The fourth is the slauÌ„der of his subiectê the whiche cometh whan the Juge or the prelate gyueth not the correccoÌ„n doctryne the whiche aperteyned vnto the offyce or seygnourye And therfore sayth well saynt Gregory that yf these men resonable knowen the charge the whiche is the prelacyon they fere neuer haue appetyte it to receyue for as it apyred by the fygure the whiche is in the .xxv. chapytre of the boke Iâ—â—tê° dâ—â—s dixit ad moyseÌ„ tolle cuÌ„ctos â—â—â—ipes pplâ— suspende eos â—tra sole in patibulis c. â—occisi sunt xxiiii 〈◊〉 â—oim Nume 〈◊〉 xxv ca. of nombres xxiiij thousande men of the pryncypal les of the people of god deyed in one daye for the defaute of good presydentes of good correccyon The whiche thynge was fygured of all those whiche after the example doctryne of Jhesu cryst presumed in pryde in abusynge of theyr vocatoÌ„n in the whiche is reserued moche cruell dampnacyon But also by the contrarye those the whiche in fere humylyte there do that the whiche vnto them is possyble after god and good ordre of Justyce they shal be ryght excellently rewarded And this suffysed as now of the holy estate of prelacyon ¶ Here foloweth of aduocatê ê“curours notaryes ben they in the courte of the chirche or of secularyte AS vnto the .ix. poynt whiche is of these aduocates sergcauÌ„tes prentyses notaryes It is to vnderstande that they sholde fyrst take hede specyally these aduocatê If they ben of suche coÌ„dycyon that the offyce for to be aduocate vnto them be defended by ryght or by custome as sholde those be that ben excoÌ„munycate heretykes or religyous but for theyr monasterye of the coÌ„mauÌ„dement lycence of theyr prelate For suche people the whiche myshere them for to aduocacyer synnen gretely also done they the whiche vnto that them receyuen wyttyngly If he be in holy ordres or in lesse with benefyce it is to hyÌ„ enterdyte the aduocacyer in laye courte except in his owne cause or for his chirche or in case of pyte in the cause of them that ben poore Also the Juge may not aduocacyer in the cause that he ought to Juge Also an aduocate beuefyced in ony chirche may not after the ryght aduocacyer ayenst his chirche wtout it be for some the whiche sholde be of the sayd chirche yf hâ— otherwyse do to his wyttynge that may be mortall synne by reason of the contemnement If aduocate or procurour sustaynen wyttyngly cause vniuste it is mortall syÌ„ne is holden to restore vnto the partye all the daÌ„mage the whiche vnto hym cometh by cause of that or to induce the partye that he susteyned to restore in dede ryally If he enterpryse to sustayne cause that he byleued somwhat to be good Juste but in procedynge he it knowed to be fals he ought incontynent to cesse not in shewynge the trouth vnto the partye aduersarye but vnto hym for whome he hath pleated in inducynge hym to apoynte with the partye For yf by his couÌ„seyll or ayde the partye is endaÌ„maged or leseth the cause the whiche was good Juste he is holden to make restytucoÌ„n or to enduce hyÌ„ of whome he sustayned the cause that to do But durynge that the cause was doubtfull a man it may sustayne pleate wtout synne If in pleatynge he hach coÌ„mytte falsy te as in producynge fals wytnesses or consented that to do or hath couÌ„seylled his partye for to lye or to alledge a thynge the whiche was fals or is ayded falsely of lawes the whiche were not to purpose or also of probacoÌ„ns be it in the waye of ryght or of de de If he hath sought dylacoÌ„ns cauyllacoÌ„ns ayen ryght or for to gyue costes vexacoÌ„ns to the partye in the cause the whiche was not Juste yf he hath appeled of Juste senteÌ„s wyttyÌ„gly In al these case may he haue mortall synne If he hath ben slouthfull to studye to susteyne to kepe the good cause by his defaute by slouth yâ— partye hath ben in daÌ„mage he there may haue mortall synne is bouÌ„de to make restytucoÌ„n If he hath shewed enalycyously the secrete of his partye to the partye aduersarye by that whiche cometh costes damagê it is mortall syÌ„ne ought to make restytucoÌ„n If he hath lost the good cause by neclygence by vnfaythfulnes or by his vycyous ignorauÌ„ce is holden to restore all the daÌ„mages whiche by cause of that cometh to the partye If he see knowe poore peple which may not pursue defende theyr good cause for as moche as they ben poore seeth that none vnto them gyueth socour the whiche thynge he may well do than he synned mortally yf he do not vnto them as he wolde that a man dyde vnto hyÌ„ in caas semblable after the lawe of charyte If he haue taken excelsyue salarye he there may haue mortall synne the salarye may be Juged excessyue or competent after the cause the labour the faconde of the aduocate also after the custome of the contracte may make couenauÌ„t of the pryce with hyÌ„ the Aug xiiij q. v Non sane whiche vnto hym toke yâ— cause before that the cause is coÌ„menced or after that it be fynyed Not after that it is coÌ„menced hangynge in ryght so as sayen the ryghtes it is not lawfull to make couenauÌ„t that the aduocate haue the tenneth or the hondreth or other partye determyned but all oonly of the pryce named certayne If ony lawyer gyue counseyll how ony iij. q. vij In fames ss pÌ„terra cause that whiche he knoweth vniuste may be wonne he synned mortally yf it so happen he is bouÌ„de to restore the partye as it is sayd of the aduocate Also yf he be presented as sage experte in the ryghtê in the customes the whiche scyence he hath not by yâ— whiche he hath gyuen couÌ„seyll whiche hath borne daÌ„mage vnto the partye or yf he hath demauÌ„ded pryce excessyue for to gyue his couÌ„seyll or hath not couÌ„seylled the poore that seeth in necessyte be it sayd as of the aduocate Also as vnto these procurours that is to vndstande yf he haue procured wyttyngly in the fals cause or by neclygence hath lette lose the good
saye without ony malyce the trouth And than these thyngê done yâ— sayd mod may well swere yf she be well certayne that the sayd infante is not of her husbonde the whiche thynge alwayes yâ— sayd infant is not bouÌ„de to byleue in suche maner that by that he is bouÌ„de to forsake his herytage But yf he it byleue he it forsake he dooth well and merytoryously Other hath wylled to saye that yf the woman the husbonde were of suche condycyons that she were also as gouernouresse that vnto hyÌ„ were very semblable that she hym sholde pacyfye than for the surete of conscyence she it myght declare manyfeste more ouer to remedye yâ— caas for the best that it sholde be possyble By these thynges before sayd appyred as to gyue true sure remedye in that caas it is a thynge ryght harde consyderynge the varyacoÌ„ns of the circuÌ„staunces the dyuerse condycyons of the persones Appyred also the horrybyly te of the synne of the brekynge of maryage the grete theeft dampnacoÌ„n of manyâ—ybaudes men women If ony lette draweth backe an other to entre in to good relygyon approued wtout Juste cause resonable he synned mortally If he do ony vyolence to the persone late entred in to religyon ouer the mortall synne he is excoÌ„munycate so is bouÌ„de to enduce that persone that he hath withdrawen myscouÌ„seylled or other to entre in the sayd relygyon and in caas that he may not make suche induccyon he there sholde entre hymself yf he haue not lettynge suffycyent lawfull for elles he maketh not restytucyon suffycyent vnto relygyon If he haue letted ony to come vnto benefyce of the chirche vnto maryage vnto the purchase of herytage or of other thynge he that do pryncypally for to anoye hym or pryncypally for his synguler prouffyte with that in awaytynge to anoye an other by suche condycoÌ„n that he hath not done the sayd lettynge but for to anoye an other he is bouÌ„de to restore after the arbytracyon of people of reason and of good conscyence But yf he haue letted an other not by intencyon and wyll to anoye hym but for the prouffyte of hym or of his he is not in nothyÌ„ge holden to restore for euery man may procure his prouffyte by wayes and meanes lawfull and honeste notwithstondynge by the occasyon of that cometh some lettynge in daÌ„mage vnto his neygh bour yf he hath stolen a lytell hogge of ony lytell valour from the houre that he hym taketh and afterwarde hym nouryssheth tyll vnto the valoure of ony grete somme he is not holden in dede of conscyence for to restore but onely vnto the valour of the beste at the tyme that he hym toke And alyke thynge it sholde be of a colte or other beestes or to haue helyd or nourysshed or elles to better the thynge stolen or rauysshed and by the thynge contrary yf the thynge stolen be impeyred he ought it to repayre and so is holden of the daÌ„mages the whiche may be comen vnto hym vnto whome aperteyneth the thynge stolen for by cause of the sayd theft â— Also yf suche thynge stolen perysshe by fortune or ellys yf it abyde alwayes he the whiche hath stolen is bounde yf he hath not done his deuoyre to offre restytucyon before that the thynge perysshe The whiche restytucyon he that is endaÌ„maged hath not wyll it to receyue yf he hath boughte wyttyngly the thynge stolen or rauysshed the whiche other wyse aperteyneth not vnto the seller and hath intencyon to bye it and retayne for hym selfe ouer the mortall synne he is holden it to restore vnto hym vnto whome apertayneth the thynge so bought or vnto the inherytours or vnto the poore as it hath ben sayd before without power to repute the pryse that he hath gyuen but onely vnto hym the which hym hath made suche sale Also more ouer he is holden to kepe harmeles and warande hym vnto whome appertayneth the thynge stolen where soo euer that he become but yf he it boughte in good intencyon that is to knowe for to yelde it and vnto that that it were not all loste he there may Justly repute the somme gyuen or yelde alonely the surplus that it may be worth and yf he can not fynde hym vnto whome suche thynge appertyneth that soÌ„me of the surplus ought to be gyuen vnto the pore but yf he hath bought thynge the whiche hath ben stolen the whiche he byleueth to be of loyalte he is not holden it to restore tyll vnto that that he be certefyed of the trouth but after that he is duely certefyed than he is holden it to restore and that durynge the tyme that he byleueth that the thynge was of loyalte it peryssheth or were consumed in parte or in all he is bounde to restore alonely the party with the fruytes that he hath in tyme that he byleued that the thynge was solde truely Also they that eten and drynken of the rauen of the thefte beÌ„holden to restore vnto the estymacyon that they haue taken excepte those the whiche ben in grete necessyte and vnto whome it may be very semblable that it shall please well those vnto whome the sayd thynge rauysshed or stolen appertayneth as it sholde be prechers or other the whiche entende to enduce these theuys to amendement vnto restytucyon also the wyse yâ— chyldren the seruauÌ„tes of those the whiche haue all theyr goodes of thefte as is that of vsury of symony or of rauen ben holdeÌ„ to restore after the valour yâ— that they may haue of the sayd thefte be it in drynke meete to hose to cloth or otherwyse but onely in as moche as they haue laboured and take payne by ammonycion or other wyse that restytucyon were made vnto the partye Also yf with the goodes the whiche were euyll goten there hath some the whiche were truely goten they may adresse theyr intencyon to lyue of those goodes and not of the thefte or they may lyue with theyr laboure or they sholde demauÌ„de prouysyon of Justyce yf they may not lyue by ony of the wayes before sayd they sholde more sooner demauÌ„de almes than to lyue of thefte but alonely in the case of extreme necessyte Also ignorauÌ„ce may excuse as moche the persones before sayd as also the poore the whiche receyuen and demauÌ„den almes Si â—d inuenisti et noÌ„â—eddidisti rapuâ—sâ—i Hee aug habetur .lx. q. v. Also yf he haue founde ony thynge the whiche appertayneth vnto a nother he coÌ„mytteth thefte in it reteynyugâ—â—heuysshely agayne reason agayn the good wyll ordeyned of hym vnto whome suche thynge may appertayne and therfore yf he know not vnto whome it appertayneth he it ought to make to be cryed in open places and yf the partye be not founde after the taryenge suffycyent it ought to be departyd vnto the poore by good dyscrecyon And yâ— fynder may abyde by longe tyme with gode and prompte conscyence it to restore as oftymes as many
agayne Detraccio eÌ„ quoti ens â—s aliâ—d eam tâ—tione de alio dicit vtipse minus a mari vel minê° appreciari possit hec anselmê° the ordre of charyte agayn the Justyce or agayne the prelates it is mortall synne yf in prechynge he hath sayd false wyttyngly it is mortall synne another thynge it sholde be yf by surrectyon sodenly he sayth a thynge false and this is as vnto the syÌ„ne of lyenge AS vnto the seconde poynt the whiche is of Noluit xpÌ„s iudam ê“ditoreÌ„ publicare vt nos doceret quam pctaÌ„ occulta alio rum publicare nÌ„ debemê° qr sicut eÌ„ mortale pctmÌ„ inoâ—â—ti falsu crimeÌ„ imponere sic verum crimeÌ„ occultuÌ„ alusre uelare hec criso detraccyon it is to vnderstond that detraccyon is to reherce yll of ony in his absence and to the ende and intencyon to mynysshe his good renoÌ„me or vnto that he be the lesse praysed And for as moche that good renoÌ„me is the moost grete good that persone may haue in these thynges temporalles it foloweth that to take the good renoÌ„me from ony it is agayne the ordre of charyte as whan it is by pryde by enuy or by vengeauÌ„ce or other cursyd cause it is mortall synne and aman is holden to restore the good renoÌ„me so as it may be possyble and as it hath ben spoken before and therfore ought well to take hede the whiche wyll well hym coÌ„fesse yf he haue imposed vnto ony the thynge the whiche ought be mortall synne the whiche thyng was not true or yf it were true it was secrete For than yf he it publysshe it is mortall synne not with stondynge that the synne were publysshed as oftymes as he it reherseth by hatered or by enuy it is mortall synne how be it he is not holden to restore Qui talis agsit digni sunt morte noÌ„ soluÌ„â— faciuÌ„t â—a s◠〈◊〉 â—â—seÌ„tiuÌ„t faciâ— tibus â—o i. ca. Qui racet rseÌ„tire vide tâ—r extra de re iii yf he haue rehersed the yll or yâ— synne of his neygh boure by the maner of comen langage not hauynge intencyon hym to defame or hym for to annoye it is comenly ven yall synne yf he hath reherced yâ— fraylte and imperfeccyon the whiche is of it selfe venyall yf he do it not agayne charyte as for to defame or to lette his neyghboure from ony good yf he haue wylfully herde the detractoure or hym enducyd wyttyngly that to do or vnto hym hath shewed by ony token that suchâ— langage hym plesed or hath not hym repreuyd whan it was a persone the whiche he myght and sholde do it is mortall synne another thynge it sholde be yf he lefte hym to repreue by a maner of fere humayne or that vnto hym it appertayneth not yf he hath causyd wrytynges dyffamatyues for to be founde in place openly or hath made or spoken songys rymes or mockeryes for to dyffame or to mocke ony persone it is deedly synne yf he hath sayd that the good werkes that ony persone doth that it is by fantasy or by ypocresye or hath not wylled to saye or to coÌ„fesse the goodnes the whiche was in another hym to excuse or to delyuer frome ony opprobe whan there was place and tyme it is a defaute of chary te And by the consequent it is mortall synne To tell and reherce the yll of another by compassyon vnto these prelates or vnto other the whiche that may remedy it is no detraccyon but charyte and of tymes necessary vnto saluacyon for who loueth his neyghboure he ought to remedy his inconuenyens AS vnto the thyrde the whiche is of the synne We â— dicit malum bonuÌ„ ysa v. Item hiero Nichii eÌ„ qd taÌ„ facile corruâ—at meÌ„tes hoim sicut adulacio IteÌ„ aÌ„broiser Ne â—audauâ—ris hoiÌ„em iÌ„vita sua Item ê“uer xxvii Meliora suÌ„t vulnera diligentis que oscula frauduâ—eÌ„ caodiâ—tis Qui occasioneÌ„ daÌ„â— dat daÌ„nuÌ„ dedisse videtur extra de â—â—ur â—â—no dato of adulacyon or of flaterynge it is to be noted that somtyme it is venyall synne and some mortall synne and is defendyd in this present commaundement and it may be coÌ„mytte in thre maners Fyrste whan a man preyseth ony persone for to please hym in that the whiche is mortall synne for that sholde be agayne the honoure of god and the goodnes and charyte of his neyghbour SecoÌ„dely for the reason of the intencyon of the flaterer it is to vnderstonde whan by his adulacyon flate rynge he entendeth to dysceyue his neyghbour and hyÌ„ for to anoye corporally spyrytually Thyrdly whan the flaterer gyueth mater or occasyon by his adulacyon to synne mortally And how be it that he intendyth not by suche manere of flaterynge to make his neyghbour fall in to mortall syÌ„ne Neuer theles the thynge in whiche he flatereth may be of suche condycion that that notwithstondynge he sholde synne mortally In other maners of adulacyon and flaterynge is comenly venyall synne AS vnto the fourth poynt the whiche is of periurynge it is to vnderstonde that periuryng is none other thynge but to swere falsely the whiche thynge he may do in thre maners The fyrste whan the thynge that a man swereth is not true or a man byleueth that the thynge is not soo as a man affermeth by his othe and also it is a lye to afferme by othe and therfore to swere it is none other thynge but to calle the trouth of god to wytnes that the thynge that a man affermeth or that a man denyeth is suche as he sayth hymselfe to periury is asmoche to saye as god is wytnes of the falsyte the whiche thynge to saye or assent is moche horryble blasphemynge and irreuerence done vnto god the whiche is trouth infynyte and therfore it is mortall synne whan he doth it by delyberacoÌ„n Secondly whan the thynge that a man swereth is contrary vnto reason and vnto Justyce as it shold be to swere to do synne or thynge vnlefull in so do ynge it is irreuerence to doo vnto god the whiche wyll not approue the yll and also it is mortall synne as in the maner precedent Thyrdly whan without cause and reason good and suffycyent a man accomplyssheth not that that he hath Justly promysed by oth and therfore it is mortall synne whaÌ„ it is done by delyberacyon for yf by precypytacyoÌ„ or surrepcyon in worde wtout consentynge of wyll a man swereth false or thynge unlefull that is no mortall synne â–ª the whiche is neuer coÌ„mytte but by delyberacyon and consent of wyll But here is Sicut â—â—s prudeÌ„tiâ— magnam quasi tpÌ„e i perceptibili â—â—â—bâ—ratsic potest â—â—â—osueer hitu opposito quasi i tpÌ„e â—â—â—â—ptibili deliberacio erit sufficieÌ„s ad toÌ„nem peti sicut alâ—â— ad toÌ„nem 〈…〉 Hec scotus 〈◊〉 di tercii well to be notyd that in lyke wyse as an harper stryketh the strynges of his harpe by delyberacyon
enterpryse or prodygalyte of his or of other for the folysshe preyse of worldly peple presūptuous thynkyng as to vndertake noyse plee and contempte bostynge auaūtynge by hȳ self or by other deresyon of his neyghbours for as moche that they haue not that that suche errogant or after weneth to haue rebellyon in dyffendyng his vyce synne not wyllynge hym to amende ne correcte nor not wyllȳge to byleue good coūseyll am bycyon wyll some please by praysynges to entent that he be holden curtays and large By foly to gyue to ende that he be holde curtoys and large By foly to gyue to the ende that he be holden cur toys and lyberall other for to by euyll spekynge of those that he wolde refuse for to exalte hymselfe by the raysynge on them blame By desyrynge the deth for to come vnto that vnto the whiche he loketh fore By vnfaythfulnes by treasons by cursyd induccyons and coūseyll By wycked conspyracyons By contemptes and oblygacyons vayne glorye in the goodes of nature of the body as helth beaute strength prowesse noblesse good tonge gode voyce of the soule as clergye fayre engyne me moryes largesse pyte attemperaūce In the goodes of grace as ben vertues and good werkes of the whiche procedeth some vayne glorye In the goodes of fortune as ben prosperyte ryches delytes grete company buyldynges abyllementes plate and other vtencyles grete presētes grete renōme worldely of pryde foule Ipocresye as to be a grete synner euyll and vnfaythfull and to shewe holy oute warde a fole as to do grete penaūce for the prayse worldely folysshenes as to doo many good dedes to purchase dygnytees and offyces folysshe fere worldly as was that of Pharaon of Herode and of the Jewes the whiche fered to moche those thȳges temporalles humayne as was that of the fyrst fader y◠whiche fered to moche to make Euesorowfull by the whiche he obeyed synned Seuyle as it is of many the whiche haue more fere of the fyre of helle than to lese the vysyon of god and the blessed glorye of the royalme of paradyse Enuy. In herte by fals Jugementes of his neyghbours By cursyd sorowe of the goodnes of his neyghbours In the mouth by maledyccyons and coniuracyons agayne his neyghbours By wordes rude bytter agayne his neyghboure By treason agayne his neyghboure In werkes agayne the cōmencans agayne prouffytans and agayne y◠tymes Ire vnto hym selfe in lesynge the drynke the meete the slepe the lyfe and all other goodes agayne god in dyspysynge in blasphemynge in swerynge by all the membres of god in cursyd sayenge in dysablynge vnto his subiectes of whome comen contempcyons tancures hates vnto his neyghbours wherof comen desyre desyre of the vengeaūce of manslaughter lechery of wyll in folysshe thoughtes ymagynacyons of that vyle and dyshoneste synne Incursyd delectacyons the whiche folowen of mynde and of thought In consentynge of wyll with dely beracyon In determynynge hymselfe vnto ony persone or vnto many of dede in folysshe beholdynges in folysshe wordes in folysshe touchynges in folysshe kyssynges in persone fre not in the bonde of maryage the one alonely or both tweyn with persone in the bonde of maryage with persone vyrgyn the one alonely or both tweyne with persone in the estate of wydowhode y◠one alonely or both tweyn with persone of relegyō the one alonely or both tweyne with persone in the estate of prclacyon the one alonely or both tweyne In his propre parte agayne the vnhoneste of maryage the one alonelye or both tweyne with his gossype or gossypes with theyr doughter or doughters chylde or with the chylder of the godfader or godmoder or with his kynnesman or kynneswoman by consanguynyte or affynyte with persone in holy ordres or with other creature as persone humayne or with other persone of the same kynde the whiche synne is named the synne dysordenate The whiche ought to be punysshed by fyre after the lawes for the iniury the whiche by that is done vnto the ryght holy humanyte of Jhesu cryste and vnto all nature humayne Of the synne of lechery comen ylles innumerable the whiche I passe as nowe by cause of shortenes Glotony is cōmytte in drynkynge and eetynge at an houre not due in drynkynge and in eetynge with out mesure in drynkynge and eetynge to hastely in drynkynge to aboundantly in drynkynge and in eetynge to delycyously of this synne cometh many of ylles as well vnto the body as vnto the soule of the whiche hath be spoken as well in generall and in the syxte cōmaundement as also in the treatyse of confessyon And therfore it suffyseth as now Couetyse In gyttynge to moche brēnynges by vsurye as in lenynge syluer by hymselfe or by other by condycyon and hope pryncypall to receyue more By thefte and rauen be it by theuys aparte couerdeprpue or felowes executours lordes Juges hostylers marchaundes labourers or other what so euer they be the whiche done falsyte in theyr vocacyon By falsyte Imposynge cryme vnto another as sholde be false plaȳtyf fayntyf aduotates wytnesses notaryes assessours and other By sacrylege in euyll entreatynge the body of oure lorde or other sacramentes in brekynge and in euyl◠entreatynge y◠crosse chalays or other thynges halowed in brekynge the chirche there strykynge ony body in drawenge hym wylfully from y◠place halowed or preuyleged in lyenge his hāde on clerk or one persone relegyous agayne ryght in stelyng in place halowed and blyste in takynge yll retaynynge the goodes of the chirche In brekynge the holy festes and solempnytes cōmaūded in byenge holy ordres or other sacramentes By symony in by enge the worde of god or in sellynge it in takynge gyftes promesses or fauours worldly for to gyue or for to gete benefyces of the chirche by malygnyte and by marchaūdyse the whiche is done in place in tyme in maner by persones or thynges vndue as in place halowed or on a holydaye in swerynge in lyenge or by people of the chirche for nygardyse or also for the falsete and decepcyon of the ware by cursyd craftes as ben those the whiche may not be excercysed without synne By cursyd playes as bē those of yogelynge and of the hasarde in retaynȳge to straytly as in not clothynge the poore the whiche ben the membres of Jhesu cryste not gyuynge meete and drynke vnto them the whiche ben in necessyte not aydynge the poore persones not vsynge hospytalyte whan there is place and tyme not vysytynge nor comfortynge the poore syke people Not berynge the dede so as it hath ben sayd before In dyspendynge to scarsely as they the whiche holden werkemen in Journey The whiche furnysshe not ryght resonably of in dyspence with theyr owne seruaūtes or other of the housholde By the whiche defaute they cōmytten oftymes murmuracyons and occasyon to take theuysshely and of many other lettynges SFouth cursyd begynnynge by werynes in louynge to lytell good by tendernes in obeyēge vnto his sensualyte by ydelnes in lesynge his tyme folysshely by heuynes
men afferme for as moche as he called Abraham his fader â–ª and he was foure hoÌ„dreth yere byfore the comynge of Ihesu cryste and in the tyme of the grete physosypher Arystole and euersyns nor neuer shall cease to dye and for to enrage for thruste In the whiche it appereth how that HorreÌ„duÌ„ eÌ„ incideâ—e â— manu deâ—vâ—â—eÌ„ tâ—s â—â—e x. it is grete errour for to fall in the Iustyce dyuyne The thyrde is for a sauour that these dampned haue in theyr taste the whiche is made and composed of galle and of the bytter thynges of helle the whiche holy scrypture nameth the galle of dragons the whiche is a torment in explymable for in lyke Fel draâ—hoâ—uÌ„ viâ—â—uÌ„ eoâ—â— venenuÌ„ aspiduÌ„â— sanaâ—ile de vtero xxxiii Per queâ—s peccat â—heâ— et torquetâ—â—t as in this worlde it is a thynge moche pleasaunt as to taste and sauour precyous wynes and delycyous meetes Also in the other worlde it is a thynge moche cruelle as the tormente the whiche is to taste The fourth is a rage the whiche is of the teeth for in lyke wyse as the teeth haue ben somwhat an instrument to taste they ben in the other worlde an instrument for to tormente THe ix is a payne ryght excessyue for foure reasons The fyrste for they shall be en-treated ryght cruelly The seconde by cause of the place the whiche is ryght vyle and ryght stynkynge The thyrde for they shall be in seruytude of the ryght yll sauoure that is of the deuylles and vnto the synnes the whiche they haue loued The fourth for the companye for euery of the dampned hath partyculer payne for the presence dampnacyon of the other as well of deuylles as of the men and women THe tenth payne of those that ben dampned is as vnto the touchynge for all the partyes of the body of them dampned ben more tender as to be hurted and dyseased than they were in this worlde whan by botches and apostumes they were halfe â—oten and that notwithstondynge they shall haue agreuaunce of foure partyes The fyrste shall be of the ponderosyte and collygacyon from the one membre vnto the other the whiche is of as moche grete greuaunce as the helth and the good dysposycyon was the comforte and ayde of other membres in the present lyfe and more grete of as moche as the lyfe where the estate to come excedeth in good or in yll that of this preseÌ„t lyfe The ayde that the one membre doeth vnto the other may be knowen in consyderynge the operacyon and vsage of euery membre in regarde of the other as we see that the operacyon of the mouth is the cause of the lyfe of all the other soo of the eyes soo of the fote and of euery of the other membres secrete in asmoche that the sykenes and dystruccyon of the one is the dystruccyon of the other And soo in lyke wyse may a man saye of the dolour the whiche is in euery membre of the dampned for it is suffycyent vnto the deth of all these other yf deth corporall myght be in helle recouered and so this may be vnderstonde not aloonly of the membres of the body of nature but with that of the membres of the body mystycall that is to saye that yf ony â— were in hell with out hauynge other payne than that that he seeth and knoweth in his neyghbours he sholde suffre for to dye of as many dethes as there are of persones dampned in suche wyse that as many of membres Asserunt theologi 〈◊〉 â—te 〈◊〉 diciuÌ„ ge 〈◊〉 ab â—gn 〈…〉 er 〈…〉 h torâ—ri i 〈…〉 tuÌ„â—â—t iÌ„strumentuÌ„â—u s 〈…〉 o 〈…〉 e. ergo a 〈…〉 â–ª vel aforcior◠〈◊〉 â—â—diciuÌ„â—orâ—◠〈…〉 r. TransivuÌ„t ab a quisniuiuÌ„ ad â—alorâ— nuniuÌ„ Iob 〈◊〉 â–ª capitulo as many of dethes The seconde payne is for the touchynge of the place in the whiche they ben the whiche fyre enbraseth not aloonly by nature but more ouer by operacyon dyuyne for that that he is the instrument to excersyce the Iustyce of god And for as moche that these operacyons dyuynes maryculousses ben moche more excellentes than those the whiche ben done symply after the cours of nature the embrasynge and the tormente of the fyre of helle excedeth the hete of all metalles molten the whiche may be ymagyned more excessyuely than herte may thynke And therfore whan suche fyre is in the depnes of the herte of bones of synewes and of vaynes of bloode and of the flesshe of the dampned and the whiche is more to esmeruayll in all the puyssaunces of the soule who may than thynke the anguysshe of them the whiche ben in suche torment without euer to haue power A questyon to dye But some may make suche a questyon Yf it be so that these dampned shall be bayned in a ponde of yse after â–ª as holy scrypture sayth and lately hath ben sayd before that as moche is the grete oppresse of colde as that of fyre as it may be to enioyne hete and colde in one selfe torment and in those the whiche may not be remeuyd from one place vnto another The answere vnto that the grete The answer Alberte that suche alteracyon of colde and of hete in one selfe body maketh is not made that it is put from one place in to another But in lyke wyse as the â–ª sykenes of a feuer gyueth fyrste coldenes and afterwarde meruayllous hete euyn so the tormentes of helle ben varyed amonge these dampned with out mutacyon of the place of theyr pryson and hell perpetuall The thyrde payne is for the touchynge of other bodyes dampned and embrased as a man seeth sensybly that of as moche that there is moch wode in a fyre of as moche it brenneth the more stroÌ„gely and therfore the fyre embrased in a towne is PoeÌ„s eos vt cliba nuÌ„ ignis iÌ„ tpÌ„e vultus tui â—s x. ryght peryllous for the multytude of the houses the whiche ben togyders Not alonely to fele or for the domage that it doeth but with that vnto the regarde of hym or of those yâ— whiche nothynge shall possede in the sayd cyte for by the erroure and abhomynacyon of suche embrasynge a man may lese the wytte and the vnderstondynge Now thynke he that may what it may be of those the whiche felen them and vnderstonden to be dampned in the fyre of hell for euer more as longe as god shall be Quis ex vobis poterit habitare cuâ—â—gnâ— deuoraÌ„te god and they shall be mothan an hundreth thousande thousandes of the whiche euery of them shall make more greter fyre than sholde that of the moost greatest towne of the worlde yf it were embrased The fourth payne of the betynge and strykynge that Parata suÌ„t deriso â—bê° iudicia et male â—cuâ—ieÌ„res stulto ruÌ„ corporibê° ê“uer xix ca. the deuylles make vpon the bodyes vpon the soules of those that ben dampned and for a brete epilogacyon
thynken these worldly people of thynges yâ— whiche vnto them ben fynally for to come after in full fewe dayes lefte yâ— worlde entred in to yâ— relegyon of cystoriencis in yâ— which he prouffyted so gretely in thynkynge on yâ— paynes of helle the Joyes of paradyse other holy medytacyons yâ— for his grete holynes medytacyon and perfeccoÌ„n of good lyfe he was chosen ryght holely bysshop of tholouse in yâ— whiche offyce dygnyte he ended vnto yâ— glorye of god his dayes By this example appereth clerely the grete prouffyte yâ— whiche came of holy medytacyon to thynke on the paynes of helle vnto the eternyte of theyr hardenes And therfore to yâ— ende yâ— those yâ— whiche wyll studye in this present booke hauynge mater more habouÌ„dantly offere to esmeruayll yâ— eternyte of the sayd paynes of helle Here foloweth a chapytre in yâ— whiche ben contayned many causes reasons sheweth wherfore god punyssheth synne eternally without euer there to haue an ende ¶ Here foloweth the chapytre of yâ— causes reasoÌ„s wherfore the paynes of helle sholde be eternall NOtwithstondynge that some thynge hath ben touched of the eternyte of paynes tormentes of them reproued yet for the more greater admyracyon and also for to mete with folysshe seÌ„tences oppynyons that the deuyll soweth amonge the hertes of many worldly people blynded dowed in theyr synnes Here folowen many causes and reasons by the whiche it is euydently shewed yâ— the sayd paynes ought to be eternalles wtout euer there to haue releasynge pryncypally for thre reasons generalles The fyrste is vnto the regarde of yâ— condycyon of mortall synne The seconde vnto the regarde of the creatour the whiche is gloryous eternall The thyrde is the consyderacyon of the vnyuersall worlde AS vnto the fyrste that is of the consyderacoÌ„n of synne it is to vnderstonde that for four reasons Justyce dyuyne requyreth yâ— synne be punysshed in eternyte The fyrste is for that that after all Jugement of reason the offence of syÌ„ne ought to be wâ—yed punysshed after the dygnyte grete lytell or meane of hym the whiche is offended for none ne may ymagen that it were no grete offence to stryke vniustely a bysshop thaÌ„ a symple chapelayne or yâ— souerayn bysshop that is yâ— pope thaÌ„ another man of the chirche in lesse dygnyte Now is it soo that by euery synne mortall god is offended soueraynly as moche greuously as his maieste is dygne infynyte By the whiche it foloweth that Justyce requyreth payne who answereth by the consequent infynyte for euery mortall synne The seconde reason is for as moche that by mortall synne euery creature is depryued from welth eternall the whiche is god and by suche wyse he hym submytteth vnto his oposyte yâ— is damp nacyon eternall The thyrde reason is for asmoche yâ— mortall synne depryueth yâ— creature from welth paste present to come The welth paste that is the passyon of yâ— blyssed Jhesu cryste without the whiche it were vnpossyble vnto all the worlde to mowe euade the bondes of yâ— deuyll and euer more by mortall synne a man hym depryueth from suche benefyce The good present that is the meryte of holy chirche from the whiche the synner beynge as a synner is depryued seueryd The goodes to come that ben the goodes of glorye yâ— whiche by good Justyce sholde not be gyuen in ony wyse vnto those the whiche ben enemyes aduersaryes vnto the creatoure as ben all those yâ— whiche fynally abyden in mortall synne The fourth reason is for asmoche that mortall synne of his propre condycyon destroyeth all the good dedes of the creature yâ— whiche he coÌ„mytted for euery thynge destroyeth his contrary in as moche as is in hym as it appereth of fyre of water of lyght and of derkenes and so of other thynges contraryes Now is it ynough certayne that there is nothynge contraryous vnto the wyll dyuyne but oonly synne and by the consequent synne destroyeth and putteth vnto nought as moche as is in hym the wyll dyuyne and so putteth all yâ— blyssed Trynyte vnto nothynge and in suche wyse he destroyeth all the worlde as well the holy men women of paradyse as also all these other creatures for it is Impossyble that creature may be to haue enduryd but in that that god hym holdeth and conserueth and yf god be dystroyed by syÌ„ne the whiche aloonly vnto hym is contrary euery creature is deed and destroyed in the deth of the In iterno auÌ„t â—s â—fitebiâ— tibi quasâ— dicerêª nullê° pÌ„ vi I teÌ„ qr noÌ„ ifernus coÌ„fitebit tibi neque morslaudabit tenÌ„ expectabuÌ„t â— desceÌ„ dut iÌ„ lacuÌ„veritaâ—eÌ„ tuaÌ„ vsa xxx viii creatour But it is a thynge impossyble the god may not be or to dye by the whiche it foloweth behoueth that synne be punysshed after the puyssauÌ„ce sapyence eternyte of his contrary that is god yf it were not done there sholde be defaute of Justyce and yf Justyce dyuyne and infynyte defayle god shold defayle Also the synner the whiche dyeth in mortall synne synneth in eternyte for yf he alwayes hadde lyued alwayes he hadde synned And in as moche as that he endureth in synne he oughte to endure punycyon Also yf the syÌ„ne the whiche euer endureth were not for euer punysshed the Justyce penytyue sholde be to moche vnlawfully dyuynysshed and all trouth dyuyne defraudyd ye anoyntyd the whiche ben thynges to moche impossybles Also as moche grete is the transgressyon as yâ— grete oblygacyon Now is it trouth that euery creature is bounde to serue and honoure his creatour the whiche thynge he may not do the whiche is in dedely synne but more sooner doth the contrary that is to knowe to blaspheme and to dyshonoure god By the whiche he is the transgressour of the lawe dyuyne and of nature the whiche ben lawes eternal les By the whiche it foloweth that suche transgressyon ought to be punysshed eternally AS vnto the seconde poynt the whiche is in the comparyson of the synne and of the creature agayne whome it is done it is to vnderstonde that for foure reasons he ought to be punysshed eternally The fyrste is for the grace that god hath done vnto the creature humayne For of as moche as the grace or the benefyce done vnto ony is grete of as moche is greter the offence or the for fayte of hym the whiche is redeuable or shall yelde accompte before hym whome he ought to serue honoure As for an example The kynge gyueth a thousande pounde of rente vnto one knyght and vnto another an hundreth thousands pounde both tweyne offende and commytte treason agayne the kynge Than it shall be Jugyd that the treason of hym the whiche hadde an hundreth thousande pounde is more greuous thanne is that of hym the whiche hadde not but aloonly a thousande pounde and therfore for as moche that an hundreth thousande pounde is more greater thynge thenne
vii Iteâ— mat xxv Iusti in trabuÌ„ti vitaÌ„ eternaÌ„ IteÌ„ de hoc eÌ„ articulusfidei UitaÌ„ eternaÌ„ IteÌ„â— bona egeâ—t ibuÌ„tivitaÌ„ eâ— naÌ„ In symbo that god hath made vnto the blessyd to haue and possede eternally the Joyes and the royalme of paradyse The whiche promesse is wryten in many places of the holy scrypture the whiche may neuer lye and by the whiche we may knowe some what the grete and mestymable dyfferrence of the poore and deceuable glorye worldly and of that the whiche is the very glorye eternall For fyrste the glorye the whiche is worldly is in thynges outwarde and not alwayes in the soule for many the whiche haue and poâ—ede the royalmes of the erth suffren moche of ylles and of thought of anguysshes in theyr conscyences and oftentymes they ben moche myserables and in pryson and bondes of yâ— enemye of helle by the grete and horryble mortall synnes but those the whiche haue the glorye of paradyse ben and shall be in all euer gloryous in body and in soule Also the glorye of the worlde is inperfyte for he that moost hath the more he defauteth but that of paradyse is ryght parfyte without ony indygence Also that of the worlde endureth not longe Where is nowe the grete and noble kynge â–ª Dauyd Salamâ—n Arphazat Ptholomee Naby godonoâ—er A 〈…〉 der and Charlemayne those other grete l 〈…〉 nd kynges erthely yâ— whiche haue ben 〈…〉 lde greate gloryous and puyssaunte 〈…〉 es and in rychesses theyr glorye 〈…〉 h anone be passed But so is it not of the glo 〈…〉 f the blessyd for there is not so lytell a saynt in paradyse but that he hath more honour of prayse of glorye and of rychesses than there shall mouÌ„te in one man oonly all the glorye that Beatitudo eÌ„ statê° oâ—m bonorum aggregacoÌ„e â—fectê° hoecius euer was and shall be tyll vnto the ende of the worlde in all yâ— lyuers vpon erth O how moche ought he to haue grete desyre and grete hope the whiche infynytly is certayne for to come vnto so grete gode The seconde cause of this certaynte is for as moche as god and nature haue ordeyned that euery thynge the whiche is comen vnto his ende cesse his mouynge in receyuynge the perfeccyon the whiche appertayneth vnto the degre of his nature and of his condycyon Now is it soo that the esperyte humayne create so nobly by puyssaunce dyuyne than is in the ende and consuÌ„macyon whan it is vnyed with god as well by grace as by glorye for in that he hath the accomplysshment of all his desyres possessyon of goodes infynyte By the whiche he may neuer other thynge appetyte but abyde alwayes in suche stedfastnes of the beatytude euerlastynge The thyrde cause of certaynte is for by cause of the estate of inmortalyte For syns that spyryte create hath taken his body vnto the whiche he hath naturall inclynacyon and that he hathe deseruyd in this brefe and mortall lyfe for to come vnto the begynnynge of euery creature the whiche is god it is Impossyble after the lawes that haue ben instytute by the sapyence dyuyne vnto his creatures but that he abyde in the stedfastnes of the eternall vysyon of the blessyd trynyte The fourth cause of this sure sted fastnes yf for the valu of the good vnto the whiche these blessyd ben come that is god the whiche is the good infynyte And more ouer the whiche is not Impossyble that a man may other thynge loue but in hym and for hym By the whiche as well the mynde as the vnderstondynge and wyll ben parfytly deyfyed and so there is parfyte certaynte of the beatytude eternall without ony admyxicyon to put in of varyablyte wherfore euery creature sholde take payne for to come vnto suche blessydnes eternall THe fouâ—th Ioye of the partye of the soule InebriabuÌ„tur ab vbertatedomâ— tue torreÌ„te voluptatâ— tue potabis eos pÌ„s xxxv Oâ—â—sei hoies scire desideraÌ„t ê“uerb xxii ca. Ead senteÌ„cia heÌ„tur i. math Extrema gaudit luctê° occupat qui additscieÌ„ciaÌ„ addit et dolorem is a meruaylous and a grete exaltacyon gladnes inuenerable the whiche causeth four thynges in the soule yblessyd The fyrste is that by suche Ioye all thynges vnto hym ben put in Ioye The seconde is that she fulfylleth and maketh dronke the wyll for it is a thynge Impossyble but that the wyll of the blessyd be not all holly replenysshed with gladnes The thyrde is that notwithstondynge her excesse and abondaunce she shal not be in ennoye ne in anguysshe but euer more softe swete and pleasaunte The fourth is that she parfyteth all the desyre as well of the vnderstondynge as of the wyll the whiche naturally desyren gladnesse and comynge The whiche thynges may not be parfytly founde in this present worlde transytorye in lyke wyse as it appereth ynough by experyence for all the gladnes worldly endeth and taketh his terme in anguysshe and in sorowe and a lyke thynge is it of comynge worldly and erthly the whiche better ought to be called folye than comynge THe fyfth Ioye of the partye of the soule is abondaunce of all goodes the whiche ben yelden them in the soule in foure partes The fyrste is of god the whiche is fountayne and depnesse of all goodes the whiche may neuer be spoken nor wryten nor herte humayne ne may it thynke and therfore he the whiche hath suche perfeccyon of goodes he hath all without that that it vnto hym may ony thynge defayle And he that hadde an hondreth thousande worldes and â—holde be pryue of this In the whiche is suche parfeccyon of godes he myght well saye that he hadde nothynge The seconde is of hymselfe for the soule yblessyd her possedeth in god in her souerayne perfeccyon of all his puyssaunces and of his vertues and merytes And therfore it is well sayd that who so putteth his herte aboue all in god he hath his herte so hath god and he that it putteth in another place he leseth his herte and so leseth god The thyrde is for the presence of the company as well of yâ— .ix. ordres of aungelles as of the patryarches appostles martyrs confessours and vyrgynes and for the consummacyon of the charyte the whiche is in paradyse the welth of the one is the welth of the other in lyke wyse as it hath ben before sayd and declared The fourth is for that that the godes before sayd ben all togyders not the one after the other or the one withoute the other and the soule chosen in hym and by hym the whiche is al myghty is soo vygoryous in all his puyssaunces that she may haue knowlege loue and also grete gladnes as well of god as of all the creatures as well in euery of them in partyculer as of all togyders for euery momemt and for euer without ende By this it appereth that euery true crysten man hyÌ„ sholde enforce to mowe come vnto suche goodes to suffre an
eÌ„ sacerdos sciens soluere ligare de pe d. i. quem penitet d. vi qui vult et c. placuit eâ— de pe re oeÌ„s c. vlt. de symoni a ex diligenti Et secuÌ„duÌ„ aug Caue at spuÌ„t iuder vt si cut non ê¯misit crimeÌ„ ne â—â—â—e ita non careat muÌ„ere scie oportet ei vt sciat discernere id eÌ„ qd deÌ„t iudicare qr iudiciaria potestas hoc expostulat vt qd debet iudicare discernat de pe d vi c. i. viciuÌ„ enim magnuÌ„ eÌ„ ab aliis querere seu discere qÌ„ ipsos i iudicaÌ„do eloqui decet vt i an t coll vi de iudi vbi illi aâ—t i. q. vii be excomenged the confessour may not hym assoyle sacramentally tyll vnto that that he be losed and assoyled of the sayd sentence â–ª And therfore the confessour ought to take hede yf he haue auctoryte or not or yf the absolucyon appertayn vnto the pope or vnto the bysshop or vnto a nother Juge ecclesy astycall to the entent to counseyll the synner as he ought to fynde his remedy Also he ought to dyscerne bytwene the dyuers espyces and maners of synne mortall For it suffyseth not hym to confesse in generall but hym behoueth to tell the cyrcuÌ„stauÌ„ces of them the whiche may gretely greue or chauÌ„ge the synne in to dyuers espyces And therfore sayeth well mayster wyllyam durande That yf the confessour is soo lytell knowynge that he fuffyseth not to dyscerne the synnes and the cyrcumstauÌ„ces of theym as it is sayd the synner ought to confesse hym to another yf he be not in suche wyse lettred or by other meane soo dyscrete that he may supply the in suffysauÌ„ce of his confessour Also more ouer it is sayd that the confessour ought to conne dyscerne and knowe yf these bataylles of prynces ben Juste or vniuste And also of taxes imposycyons subsydes or other exaccyons yf it be rauen or not CoÌ„uenientibus Cecê° auÌ„t si cecâ— ducatuÌ„ pÌ„steraÌ„bo i foueaÌ„ caduÌ„t math xv c. â—t xxx vii di c. vlti xxxviii d qÌ„ ipÌ„is IgnoraÌ„tia etei est mâ— oim errorum xxxviii di ca. i. vn sedm augu DaÌ„nabilis ê“fecto est ignoraÌ„cia sacerdotuÌ„ vbi hnÌ„t a quo valeant eru diri .xxxvii. di stâ—n ca. vlt. Also of sellynges of byenges or other contractes yf they ben Just or vniuste For otherwyse he may not Justely enioy ne restytucyon the whiche is of the necessyte of the true absolucyon Also he ought to haue knowlege of woâ—es of testameÌ„tes of cases of symony vseryes and of other dyffycultes the whyche oftymes come in the dede of confessyon And if he be not suffycyent to know dyscerne and Juge of thynges before sayd and enforme or replenysshe the synner vnto more knowynge for to shewe hys remedyes For ellys it is vnto the grete peryll of daÌ„pnacyon as well of hymself as of them that he coÌ„fesseth as also of them the whiche hym gaue the of fyce or the whiche may or sholde proue yf he excercyse confessyons Therfore sayth the holy euangelyst that yf one blynde man lede another both two fallen in to the dyche And it is to vnderstonde that how be it that by the consecracyon of presthode euery preste receyueth the keyes of the Jurysdyccyon and of the puyssauÌ„ce to assoyle how be it he may not them excercyse yf he haue not mater subgecte that is the people of holy chirche And therfore â–ª it behoueth that he haue auctoryte of comen ryght as is our holy fader the pope these bysshoppes or their diocesains these curates in theyr parysshynges or that he hath the sayd auctoryte by preuylege or lycence of one of these thre before sayd or that the syÌ„ner hath lycence or preuylege to these a confessour wyse and dyscrete or elles yf the absolucyon be made without iurysdyccyon that sholde not be a true absolucyon but they synnen mortally as well the prest as he the whiche is confessed whan they it dâ— holely Also it is good to be noted that after a doctour named Austen of anchone raâ—ihabytacion or presumpcyon of the wyll of hym vnto whiche it aperteyneth to gyue Jurysdyccyon to confesse hath not power nor place in suche case for it sholde folowe that the absolucyon of the synnes sholde dyspence of a thynge the whiche may be or not be the whiche in certaynte may not be a true absolucyon In lyke wyse as it appereth by the reasons of the sayd doctour here put and noted in wytnes of this layd boke ¶ Here folowen cases of the whiche the absolucyon Caplm viii Aug. de anchona 〈◊〉 de ptaÌ„te pape dicit quam rati habicio noÌ„ hêª loâ—uÌ„ in absolucoÌ„e sacramentali ad queÌ„ requiruÌ„t tria â—mo pâ—aÌ„s ex â—pÌ„iê° ordis susceptione sedo ordis executoÌ„ ex superioris iurisdiccoÌ„e Tercio sacramenti admiÌ„stracoÌ„ exipsius verbi cum elemeÌ„to aplicatoÌ„e qr applicat verbum adelemeÌ„tuÌ„ sit sacrameÌ„tuÌ„ sedm augu Si ergo aliquis sacerdos aliquem absoluit â— tuÌ„ noÌ„ eÌ„ rite absolutê° qr in tali absolucione deficit ex ê‘te sacerdotis orbis execucio et si post mod ex ê‘tesuê‘ioris suê‘ ueniat rati habicio deficiâ—t sacramenti applicacio talis rati habicio noÌ„ valet quiâ—si papa exsola rati habicoÌ„e absâ— sacrameÌ„ti applicatoÌ„ne possêª aliqueÌ„ absoluete possêª effectuÌ„ sacrameÌ„ti absque sacto conferre qd xpÌ„us nulli puto homini coÌ„cessit â—ec Augustinus pÌ„ fatuâ— is reserued vnto the pope the whiche they ought to knowe and to note the whiche heren the confessyons AFter the resolucyon of doctours euery persone the whiche stryketh malycyously ony clerke relygyous man or relegyous woman in suche maner that the stroke or the betynge after the ryght may be sayd cruell and wrongfull is excomunycate of sentence papall Also who so breÌ„neth ony holy place or of relegyon falleth and renneth in sentence papall after that the bysshoppe dyocesayn hym denouÌ„ceth excomunycate but before the sayd denouÌ„cyacyon the bysshop hym may assoyle who soo brenneth places or houses prophanes is not excomunycate tyll vnto the tyme that the bysshop hym maketh to be denouÌ„ced for suche causes and afterwarde he may not be assoyled but by the auctoryte of the pope Also yf it be to falsefye the letters of the pope in theym puttynge or takynge out one letter one poynt or one mynyme or so vse suche letters malycyously is excomunycate of the sentence papall Also all those the whiche ben parteners vnto a cryme by the which ony persone hath ronne in sentence papall in geuynge ayde coÌ„forte or fauour vnto the sayd cryme they renne in semblable sentence and also ben those that them receyuen wyttyngly vnto the sacramentes of the chirche or vnto sepulture ecclesyastycall Also all they the whiche maken couenaurâ—es or promesses with money for to haue Justyce or ony graces be it for hymself or for other be it in
causes or in Jugementes or for to obteyne letters of the holy syege apostolycall or who so vseth or Joyeth wyttyngly of letters or of graces so graunted is acursyd of sentence papall by the extrauagant of Bonyface the .viii. Also who so receyueth the benefyces of holy chirche or holy orders by symonye is cursyd is the case of the pope by the extrauagant of the pope Martin Also who so goth vnto the holy sepulâ—re by deuocyon or other without lycence of the pope is acursyd is the case of the pope Also those the whiche cutte bake or melte the body of ony deed persone without lycence of the pope ben acursyd of sentence papall by the extrauagant of Bonyface Also they the whiche enforce ony prest to synge in place interdyted or the which calleth them that ben interdyted or acursyd to here the masse or to receyue the sacrament or the whiche prohibyton defenden that they the whiche ben excomunycate or interdyted goo not oute of the chirche after the commaundement that vnto them is made ben excomynynge And also those the whiche ben warned and go not out and is the case of the pope Also all relegyous men the whiche admynystren vnto seculers the sacramentes of the awter of maryage or of the laste vnccyon without the lycence of hym vnto whome it aperteyneth ben excomynynge and is the case of the pope Also the in quesytor of the fayth the whiche by hate or by loue or by fauour or otherwyse letteth to procede after god and good conscyence agayne ony heretyke or the whiche putteth cursydly the cryme of heresy vnto ony man or ellys who some euer that letteth malycyously the offyce of the sayd inquysycyon ben all excomunycate and is the case of the pope Also yf ony relegyous professed in the order of beggers without dyspensacyon hym putteth in to another relygyon excepte of the chartre is acursyd of the pope by the constytucyon of constaunce And also the sethe whiche wyttyngly hym receyuen also euery clerke yâ— whiche with his good wyll vnto his knowlege coÌ„moneth in ony of the sacramentes of holy chirche with them the whiche ben acursyd of the seÌ„tence of the pope Also who so euer taketh parte vnto a cryme by yâ— whiche ony persone is excomunycate by ony of the maners before sayd or in the sacramentes of holy chirche rennen in semblable sentence Also who so euer hym maketh to be assoyled in the artycle of deth of ony sentence of cursynge or of other payne canonycall be it of the pope or of the bysshop or of other Juge ecclesyastycall and escapeth from the sayd peryll artycle he is boun de hym to represent vnto hym yâ— whiche hym may assoyle as some that after the sayd artycle or peryll he shall haue oportunyte vnto yâ— that he dothe in the case of the sayd sentence after the Jugement and dyscrecyon of the absoluant or other wyse he agayne falleth in to the same maner of sentence wherof he hath ben assoyled in the sayd artycle of deth But another thynge it sholde be of the absolucyon sacramentall of synnes of yâ— whiche he hath ben assoyled in the sayd artycle For he shall not be bounde of necessyte hym to reconfesse notwithstandynge that the absolutyon apparteyne vnto the pope or vnto the bysshop Also these herytykes and they the whiche vnto them gyuen ayde socours or comfort ben acursyd and is the case of the pope Also all preestes ben they regulers or seculers the whiche warnen ony persone to swere to vowe or to promes in good fayth or otherwyse that he shall chese his sepulture in theyr chirche or that neuer he shall neuer reuoke he lately bounde to chese ben excomunycate and may not be assoyled but of auctoryte of our holy fader the pope excepte in the artycle of deth mo and many other sentences papalles ben in ryght and in customes of the whiche here I passe as at this tyme for by cause of shortnes and also for the pyteous hope that I haue that our moder holy chirche therin shall fynde remedy and that in short tyme For he that well shall practyse an hundreth thyrty and foure cases of excomunycacyon the whiche ben in ryght after as reherseth rectoriuÌ„ Juris and them conferme with the symonyacles and other excomunycacyons for the twenty fulmynacyons that they make at this daye comenly Also thorowe all crystyante as well for the losse of goodes temporalles as for other occasyons may Câ—â—â—â—te hoiÌ„m ma â—â—â—iaÌ„ qd institutâ— eÌ„ ad remediuÌ„ teÌ„dit ad noâ—â— .li. vi de exessibus pÌ„latoruÌ„ he knowe clerely that the whiche the apostle sayth vpon the apocalypse That is to knowe that in the tyme of Antecryste well nere all the worlde shal be acursyd and that that the whiche other tymes hathe ben ordeyned for remedy for the correccyon of synners That is at this days conuerted in the occasyon of the dampnacyon of humayne By these thynges before sayd appereth how those the whyche herynge confessyons ought to haue grete dyscrecyon and for the whiche cases they ought to consyder with these iurystes with these theologyens ¶ Here foloweth the cases reseruyd vnto the bysshop OF the cases reserued vnto the bysshop as well of ryght as of auÌ„cyent custome there ben .ix. That is to knowe foure of ryght and .v. of auncyent custome The fyrst is the synne by the which ony derke sholde be irryguler the whiche may come in four maners fyrst whan ony man receyueth vnto his knowlege holy orders by symonye in suche case the pope and none other may dyspence Secondely whan ony clerke receyueth holy orders sâ—elyngly as he the whiche is not of the dyoses nor hath not loue of his dyocesayn suche is irryguler yf the bysshop hath defended vpon payn of cursyÌ„ge yâ— none other dyoses receyue orders of hym than suche irryguler may be dyspenced but of the auctory â—e of the pope but yf the bysshop hath not hym defended he there may than dyspence Thyrdly whan ony clerke excercyseth the offyce that he hath not yet receyued Fourthly whan ony preest acursyd of the grete curfynge suspended or enterdyted syngeth masse in suche estate The seconde case reserued to these byssoppes is of them the whiche brennen malycyously ony chirche or there make the brekynge of ony dores or the wyndowes of the vestry of the walle or of couerture the whiche the bysshop may assoyle yf that before he them hath not denouÌ„ced or made to denouÌ„ce cursynge for yf it were so they may not be assoyled but of the auctoryte of the pope The thyrde case of synne is wherfore the penauÌ„ce ought to be ioyned alonely for synne grete horryble they shall be dynulged as man slawghter after the custome of some dyoses the synne of the frendes by dyffaulte wherof theyr chyldern dyen perysshynge or ben strangled in the bedde or otherwyse The fourth case reserued vnto the bysshoppes after the ryght is the synne by the