by more syn loue the more god he is bouÌde to kepe his othe and nat elles Diues If childreÌ swere to do a thing leful whyle they be within age may their fader their moder reuoke that othe Pauper Fader and moder and his tutoure may reuoke the childes othes and their vowes as sone as they knowe therof And so may the husbonde of his wyf she is bouÌde to obey to his reuocacion But if he go forthe whan he wote therof reuoke it natt at the begynnynge afterwarde he may natt by the lawe reuoke it ne the fader the childes oth ne vowe Diues I suppose he reuoke it afterwarde Pauper Bothe the wyf to the husbonde the childe to the fader while he is within age owyth to obey Auyse hym of the peryl that so reuokith The xvii chapter DIues Whether is êiurye more synne or manslaughter Pauê Periury is more For as saith seynt poule Ad hebreos vi c Men shuld swere by their better and their greter and of euery contrauersye that is to say of euery cause that is in debate to conferme the true party the laste ende is an othe For euery suche cause is termyned endyd by an othe And sitheÌ it is so that the cause of manslaughter and of euery open synne touchynge mannys dome muste be termyned by an othe êiurye muste be taken for a passynge synne and so it is For who so forswerythe him wyttyngly he forsakith his god And therfore êiury is greatyst syn of al synnes next ydolatrye For it is ayenst the secouÌde coÌmauÌdemeÌt iÌmediate ayeÌst god dispite forsaking of god But manslaughter is iÌmediate ayenst maÌ And though man with manslaughter greuyth god full highly yit he forsakith nat god ne dispiseth hiÌ ne dishonoureth him so moche as he doth by êiurye And as the phisopher sayth In principio metaphisice AmoÌges hethen meÌ othe hath euir be worshipful For euery sect iewe sarsyn paynym fleeth to swere falslye by his goddes name as moste incouenient And if manslaughter were more syn than êiurye it were but a folye to trye the cause of manslaughter by any oth For it is semely that he that was nat aferide to do the greate synne of manslaughter shuld litel drede to forfete iÌ the syn of êiury if it were lesse And thus saiy seint thomas in qoÌe de quolibet Io iÌ suÌ li. i ti qÌ xxiiii vtrum Diues32 If alle men chargyd êiury and fals othes as thou dost many man hadde ben hangyd drawen and slayne in otherwise that yit lyue and farewele It is ful harde so lightly to sle a man with a worde whanne his lyf may be saued with a worde For a man costith ful moche or he come to be a man Pauper Therfore men shulde bisily fle êiurye and false othes For ther is no thinge that causith so moche manslaughter and shedynge of blode as dothe êiury Diues Shewe me that I pray the if thou can Pauê Salamon saith Eccle. xo.c. The kyngdome is flyttyd and chaungyd fro nacion to nacion for wronges vnrightfulnes and despites done to goddes name in dyuerse gyles But êiurye is cause of alle false domes wronges and of alle vnrightefulnesse cause of gyle and treasone of greate dispites that been done to god and man For as I saide firste euery cause muste be endyd by wytnesses or by questes whiche been sworne to saye treuthe and also by a iuge whiche is sworne to god and to the kinge to deme rightful doome And if they that ben chargyd to say the treuthe yeue noo tale to forswere theym and to lye they shal disceyue the iuge and doo him yeue a false dome Suche êiurers robbe men of their gode disherite moche folke They saue stronge theues and slee true men Suche robbe folke of their gode name such ben fals to god to the kynge to prelates of holy churche Suche been cause that this loÌde is in poynte to be loste to be chauÌged to a nother nacion iÌto a newe tuÌge And that may nat be withoute shedynge of moche bloode and manslaughtere And soo periurye is cause of moche manslaughter Also êiurye is cause why we haue so many theues maÌquellers in this londe For they hope alway to be saued by êiurye and falshede of questmongers that for lytelle gode wole forswere them And therfore iÌ hope of êiury they ben so bolde in their synne to robbe sle brenne for though they betakeÌ yit they hope to scape by êiurye And if they were siker that ther wolde no man ne womaÌ forswere hiÌ to saue them they wold neuir be so bolde to synne And al other shulde be the more aferyde to synne if they wyste wel that true dome shuld passe withouteÌ êiurye Suche synful wretches as saith the êphete ysaie xxiii c haue put their hope al in lesiÌges in êiury by lesinges falshede êiurye they been mayntened nat chastised Also it is syn alle ayenst kynde to saue a theef iÌ dispyte of god whose name they forswere ayenst his coÌmauÌdmeÌt For he byddeth that ther shulde no man take his name in veyne Also he saith Non suscipies vocem mendacii nec iuÌges manuÌ vt ê impio dicas falâuÌ testimoniuÌ Exodi xxiii Thou shalte nat take the voyce of lesynges ne ioyne thyne hoÌde in making of couenaunte to bere false wytnes for the wyckyd man to saue him Malificos noÌ pacieris viuere Exodi xxii Thou shalte nat suffre wytches open malefactoures and felones lyue but sle theim in chastisynge of other Sle one and saue many one Also this is a syn al ayeÌst kynd and ouir grete foly a man to sle his owne soule withouten ende to saue a theef that neuir wolde wayte him gode turne but redy to robbe him paraueÌture to sle him whan he may A grete folye to offende god by êiurye to plese a theef a maÌqueller that offendith god and alle the cuntre Suche been lyke the iewes that sauyde barraban the stronge theef maÌqueller slewe swete ihesu souerayne treuth that neuir dyd amys And as holy doctoures say a maÌ shulde rather suffre the moste dispitoê° deth of body than he shuld forswere hiÌ or do any dedly syn Moche more he shulde nat forswere him ne do no dedly synne to saue a theues lyf that god londes lawe coÌmannde to sle ¶ It felle late in this londe that a Scott appelyd an englisshmaÌ of high tresone whaÌne he shuld fighte bifore a iuge in their cause the iuge as the maner is putt them bothe to their othe WhaÌne the scotte shulde swere he said to the iuge Lorde I came nat hyder to swere I came to fight for my chalenge was to fight and therto I am redy but swere wol I nat for I made no chalenge to swere The iuge saide that but if he wolde swere that his appele was true elles he shulde be taken
beautie ne brightnesse And so lightly the feend might appere to him that were alyue in the lyknesse of him that were dede and telle hym lesynges and in case make him so aferyd that he shulde lese his wytte and falle iÌ wanbileue as felle to one with in a fewe yeres And happely he shulde telle him that he were daÌnyd thoughe it were nat so Or telle him that he were in blysse though he were in byttre peyne and soo lete him of his almesdede and from holy prayer and other gode dedes by which nat on lye that soule shulde be holpen but many other withe him Also if he aperyd to him or if he weÌde that he appered to him he shulde haue the lesse mede for his byleue thanne he hadde bifore For thanne were he cachyd by exêience to knowe that the soule lyueth after the body Also it is nat in the soules power to appere to man or woman after the deth of his body ne man is nat able to se a soule for it is inuisible withouteÌ special myracle of god And so bothe he that chargith hym to come ayen and he that hotith to come ayen tempten god And right as god wol that euery maÌ and woman be vncerteyn what tyme he shal dye for that alway he shuld be dredeful to do amys and besy to do wele Right so he wole that men be vncerteyn of their freÌdes whan they ben dede in what state that they been for that they shulde alway be besy to helpe ther soules with messes syngynge almes doynge with bedys byddyng and other gode dedes nat only for help of hiÌ but of other that haue lytel helpe or none Also for encresyng of their owne mede For who so trauayleth wel for a nother trauaylith beste for him self For as saythe seynt poule ther shal noo gode dede be vnyoldeÌ ne no wyckyd dede be vnpunysshed Diues Thy skylle is gode For if men wyst that their frendes were out of peyne they wold do right noght for them And so they shulde lese moche mede for that knowyng soules lese moche helpe And if men wyst for certayn whan thei shulde dye they shuld be to bold to do amys in hope that they shuld amende them in their diynge But yit nat withstondynge alle thy skylles somme clerkes sayne that it is lefulle to men to charge theire frendes to coÌme ayen and shewe them her state after their dethe For as they say it is kyndely thynge for to desire to knowe or to kuÌne For the philosopher saith that euery maÌ and womaÌ by wey of kynde desireth to knowe and to kuÌne Omnes hoiÌes natura scire desiderant Pauper They say sothe and nat ayenst me For it is leful to euery manand woman to desire to cuÌne and to knowe But it is nat leful for to desire to knowe on that maner ne by no mene vnleful nat by teching of the feende ne by techynge of them that been dede The xli chaptre DIues Howe is it that spirytes walke soo aboute Whanne men be dede Pauper Comonly suche spirites ben fendes and go so aboute to sclaundre them that been dede for to brynge the people into errour bacbityng and wicked demyng that if the peple demyd euyl and spake euyl of them bifore theire dethe to do them speke and deme moche worse aftre their deth so to brynge the peple ful depe in synne And suÌtyme they gone iÌto the bodies of heym that ben dede and buried and bere it about to do them vilony But whanne spirites goo on this maner they do moche harme and moche disese Natheles by the leue of god the soules appere iÌ what maner god wole to hem that ben alyue suÌtyme for to haue help sumtyme to shewe that the soulis lyue after the body to conferme them that been feble in the feyth and bileue nat sadly that mannes soul lyueth after his deth But suche spirytes do no harme but to tho that wole natt leue theym that they haue suche peyne or wole nat redily helpe hem at their axynge The xlii chapter DIues Is it leful to trust iÌ these fastiÌges new fouÌd to fle sodeyne dethe Pauper It is a grete foly to trust therin For as I sayde nowe late god wole that man woman be vncerteyne what tyme they shulde dye and in what maner For god wole that man and womaÌ be alway besy to fle synne and to do wele for drede of deth and alwaye redy what tyme god wole sende aftre theym And yf men were certayne by suche fastynge that they shuld nat die sodeynly but haue tyme of repeÌtaunce and to be shreuyne and houselyde they shulde be the. more rechelesse in their lyuynge and the lesse tale yeue for to doo amys in hope of amendemente in their diyng And therfore god grauntyth them nat the ende ne the effecte that they fast for For more sodeyn deth wyste I neuir that men hadde thanne I wyste theym haue that haue fastyd suche fastes vii yere about ne more dispytefulle and shamefulle in open punysshyng of their syn ând was their neuir soo moche sodeyn deth so longe reignynge in this londe as hath be sithe suche fastynge beganne we may nat arte god ne putte him to no lawes And therfore we shulde putte alle oure lyf and our deth only in his wylle praynge to hiÌ of his grace that he wole ordeyn for vs bothe in lyf and deth as it is mooste to his worshyp and helpe of oure soule It is wele done tor pray to god with fastyng and gode dedys that he saue vs from sodeyne deth for alle holy churche prayeth soo But for to set feyth in suche nyce obseruauÌces and wene to be syker of their axynge for suche obseruaunces that is nat lefulle for we may nat knowe the wyl of god in suche thinges wtout special reuelacioÌ of god We may praye and owe to praye but god shal graunt as him liketh and as he seeth that it is mooste spedeful to vs and most to his worshyp And therfore salomon sayth Nemo sit vtruÌ amore an odio dignus sit Eccle. ix c No man he saith wote sykerly whether he is worthy hate or loue And yit we hope owe alle to hope that god wold loue vs and saue vs if we do our deuour Fastyng is gode if it be done in mesure maner with gode iÌteÌcion so that men sett no mysbyleue therin ne grounde them in no lesynges ne in no nyce obseruauÌces But in asmoche as they preferre in their fastynge dayes of their owne choyce bifore tho daies that been ordeyned by holy churche to faste in somoche they synne in presumption do pÌiudice to holy churche that ordeyned suche daies that been moste coÌuenyeÌt to faste as wednesday fridaye and saturday De coÌse distinc iii. ieiunia c. sabbato Diues I se no grounde ne reason in suche fastynge ne whye it shuld be more medeful to fast alle mondayes in
sayth xxiii qÌ viii petrê° He slowe theÌ not wythe material swerde but only by power that god yaue hiÌ to do myraclys wythe hys praiers he reysed a woman from deth to lyfe whos name was thabita auctuum ix.c And wythe wordys of hys blamynge he toke hir lyfe from ananye and safira He prayde not for hyr dethe but only vnder name them for ther siÌne and a non they fel doun dede by the vertue of the swerde of goddys worde that peter spake and the holy gooste by peter For as saynt poule saythe the swerd of goddes worde ful ofte departeth the soule from the body And therfore the worde and the cursynge and vndernymynge of holy meÌ and of men of holy churche is moche for to drede Or elles by sufferaunce of god anon as seiÌt petyr vndernam them for thei repented them not the fende sathanas toke power ouer them And slowe theim bodely as he slowe theym fyrste goostly by the siÌne of false couetyse The xxi chapter DIues Is it leful iÌ oni caâ to sle oni maÌ or womaÌ vngylty Pauper In no case as the lawe saythe openly .xx. qÌ v. si non Diues I suppose that ye queste dampnethe a man that ye iustice knowethe vngylty shal not the iustice yeue the sentence and dampne hym sythe the queste saythe that he is gylty Pauper God forbede For thaÌne fallethe the iustice iÌ manslaughter For he maye by no lawe sle hym that he knowethe vngilty xxiii qÌ v. si non Diues What shal he do thanne Pauper If he haue no iuge aboue hym he shal saue hiÌ by his playn power And if he haue a iuge aboue hym he shal seÌd the man to him tel him al the case that he may of his playn power deliuer him and saue hym from the dethe or elles seke sum other weye for to saue him But he shall not yeue the sentence of hys deth Pylat traueyled ful besyly to saue criste from deth for that he wyste him vngylty moch more a cristen iuge oweth to trauayle to saue the innocentys lyf whom crist bought with his blode and flee false sentence Pylat might and ought by lawe haue saued criste But for to plese the peple and for dred that they shulde haue accused hym to the emperoure he folowed ther wylle and put criste to the deth and therfor afterwarde he was daÌpned For the false queste pilate wolde not haue dampned hym in that that he wyste him vngylty but only for drede and to plese the people he dampnede him And sythe hethen lawe sleethe no man vngilty moche more cristen lawe shal sle no man vngylty But the iuge shal do al hys besynesse to flee shedding of blode withoute gylt Therfore he is made iuge to descuse the truthe to saue the vngilty and to punyssh the gylty and to lette malyce foly and falshed of the questys of the false wytnessys Therfore god seyth thus to euery iuge thou shalt not take the voyce of lesiÌges ne thou shlat nof ioy ne thyn hond to sey false wytnes for the wycked maÌ that is to saye thou shalt make no couenaunt to saye false wytnesse ne assent therto Thou shat not folowe the peples wyl to do any euyl thinge or any falsnesse in dome Thou shalt not assent to the sentence of many to go aweye from the truth Exo. xxiii c Therfor the lawe biddeth that the iustice be not to light ne to redy to leue ne to redy to take vengeaunce Di. lxxxvi si quid Et xi qÌ vi.iii. quaÌuis Et xvi qÌ viii si quid The ende of euery dome shal be iusticia That is riyhtwisnesse in englisshe And rightwisnesse is a vertue and a stedfaste wyl alwey to yelde euery man woman his right Extra de v. significacione co. forum in glosa And therfore whanne the iustice doth wronge in his sentence yeuynge that is no rightful dome for it endeth not in rightwysnes But more wrong may he not do to man or woman thanne robbe him of his lyfe and slee him with oute gylt Therfor thanne what iuge sleeth man or woman vngilty wytingly he is no iuge but he is a tyraunt and doth ayens al lawes whyche be ordeyned to do right to euery man to punissh the gilty and to saue the vngilty And therfore seyth the lawe that he is no iuge if rightwysnesse be not in him Non est iudex si non est in eo iusticia xxiii qÌ ii iustuÌ The xxii chapter DIues It is lefulle to any man or womaÌ in any case to slee themsylfe Pauê In no case and that for many skyllys Fyrste for by wey of kynd euery man louethe himsilf and is besy to saue himsilfe and to withstoÌd al thinge that wold distroy him And therfore it is synne ayens al kynde man or woman to sle him silfe Also it is ayens charite ffor eche man is bounde to loue him silfe and his euen cristen as hiÌsilf Also he doth wroÌg to ye comontye of mankynd For as the philosofre sayth vto ethicorum Euery man is aparte of the comonte as euery menbre is aparte of the body Also for mannys lyfe is an high gyfte of god youen to man to serue god And only god may take it awey whanne he wyl And therfore he that sleeth hymsilfe he synneth ayens hys god in that that he sleeth his seruant ayens his wyl For though god yeue a man auctorite to sle another maÌ for his misdede yet god yeueth no man auctoritye to sle hymsilfe And therfore sayth the lawe .xxiii. qÌ v. non licet That no man ne woman shulde sle hiÌsilfe neyther to fle myscheeffeof of this world ne to fle other meÌnys synne ne for sorowe of hys owne synne that he hath don ne for to go the soner to heuen For if he sle himsylfe as saythe there the lawe he gothe to endles mischeeffe And he fallethe in ouer greuous synne And iÌ that he sleethe hymsilfe falleth in wanehope and doth dispyte to the mercy of god as iudas dydde For after his deth he may not amend hym of that greuous siÌne of maÌslaughter And by that manslaughter he leseth hys lyfe in thys worlde and his lyfe in heuen blysse and gothe to the dethe in helle wythe oute end And therfore ther shuld no woman sle hirsilfe to saue hir chastitie that she be not defouled For if she be defouled by violence ayens hir wyl she synneth not For as saint lucie seyde to the tyraunt paschasius ye body is not defouled but by assent of the soule But the synne is iÌ him that so defouleth hyr And lesse synne it is to fal in lecherie than man or woman to sle himsilfe for there is no helpe after Nether shulde no man ne woman slee himsilfe ne mayme himsilfe for drâd that he shuld ê¯sent to synne but trust in god that may kepe hym from consentynge and lette occacioÌs of synne And though maÌ or woman be constreyned to synne for drede of
not daÌpne the Go and be in wyl no more to synne Diues By the lawe she was worthy to be dede why wolde thaune criste that yaue ye the lawe saue hir Pauper although she were worthye to dye yit hir accuserys and the people that brought hir theder were not worthy to dampne hir ne to pursue hir to deth for they were more gyltye than the woman And therfore seythe the gloose in that place Though the lawe bid theÌ be slayne that be gyltye y itt the lawe wyl not that they shulde be slayne by them that be gyltye in the same synne Butte he that is vngyltye in the same synne shal punysshe him that is giltye And terfore seyth the glose that they yâ so accused the womaÌ by right of lawe or they moste haue lete hir go or ellis be stoned withe hir for they were more giltye in that synne than the wooman And so by the lawe cryste delyuered hyr rightfully and saued hir merciably Therfore seythe the lawe of holy church that tho that be gil tye in any grete synne shuld not be take for accusers ne witnessis in dome no manqueller no theues ne wicked iogulors robbers of churchis rauenours ne open lechours ne they that be in auoutrye ne they that poysone folke ne periurerys ne false witnessys ne they that axe counseyl of witches Al these and such other be vnable for to accuse in dome or to bere witnesse in dome butt if it be for to accuse theÌ that be ther felowys and helpers iÌ ther synne mÌ qÌ v. coÌstituimê° Et vi qÌ li. q i crimen And saynt ambrose seythe that only he is worthy to be domesman and dampne the errours of a nother that hath nought in himsylfe that is dampnable suê BtiÌ iÌmaculati Et iii. qÌ vii iudicet And therfore the law putteth many a case in which ye husboÌd may not accuse his wife of lecherye Firste if he be gyltye in the same .xxxii. qÌ nichil iÌiqus Also if he yeue hir occasion to do fornycacion by withholdyng of det of his body xxii qÌ vii Si tu Also if she be defouled by streuth and grete violence ayens hir wil xxxii qÌ v. Ita ue also if she wene that hir husbond be ded .xxxiiii. qÌ i. si ê bellicaÌ And if she be wedded to a nother wenyng that hir husbond be ded whaÌne he comethe hoomeshe moste forsake the secunde husbond and go ayen to the firste and but she forsake the secunde anon as she knowethe that hir firste husbond is a lyue elles she falleth in auoutrye and hir firste husbond maye accuse hir forsake hir Also if she be deseyued and medle with another wenynge that it were hir husbonde xxxiiii qÌ ii in lectum Also if he knowe hir lecherie and suffereth hir in hir synne and medlebh with hir after that he knoweth hir syn or foryeueth it hir reconseyle hir to hym thanne may he notte accuse hir xxxii qÌ i. Si quis vxorem Also if hir husbonde putte hir to do amys Extra lio. iiio. ti xiii o discrecione Also if an hethen man forsake his hethen wife and she be wedded to anoother hethen man after they be bothe turned to cristen feythe thaÌne is he bouÌd to take hir ayen butt she fel iÌ any other fornicacion Not withstondynge that she be knowen flesshly of the secuÌd husboÌd Extra lio. iiiio. de diuorciis .co. gaudemus S. si go. The seuenth chapter DIues Is a man bound to forsake his wyfe whanne she falleth in fornicacion Pauper Either ye fornicacoÌn is pÌuy or it is open If it be preuy and may not be preued he shal notte forsake hir openly ne he is notte bound to forsake hir preuely as anentys the bed If hyr fornicacion be open eyther there is hope of amendement or there is noon hope of amendement If she wil amende hir and there be gode hope of amendement he may lefully kepe hir stylle If there be non hope of ameÌdemeÌt he oweth not to kepe hir styl For if he do it semeth that he consenth to hir synne SmÌ con lio. iiiio. ti xxii qÌ vi quero Diues May a maÌ by his owne auctoritye forsake his wyfe if she falle in fornicacioun Pauper As anentys hir bed he may forsake hir by his owne auctoritye but not anentis dweling to gydre wythoute auctoritye of holy church And if he forsake hir company as anentis dwellynge without auctorite of holy church he shal be compelled to dwelle with hir butt he may anon preue hir fornicacion If a maÌ medle wythe his wyfe after that that he knoweth hir fornicacion he is irreguler though he be compelled therto by holy church SmÌ con lio. iiiio. tio. xxii qÌ viii vtruÌ vir If the husbond be deperted from his wyfe by auctoritye of hooly churche He may if he wylle entre into religion withoute hyr leeue Butte whether he entre or nay he is bounde to contynence al hir lyffe and he may non othir wyfe haue as long as she lyueth for only deth deperteth the bond of wedlok Diues Contra If a man wedde a woman he may entre iÌto religion or he medle withe hir she may take another husbond and yit neyther of theim is deed Pauper There is bodely deth and gostly deth that is entre into religion For thanne maÌ or woman dyeth ayens the worlde If he medle wyth hir bodely only bodely deth may depert theÌ as ayens the bonde of wedlok But or that he medle wythe hyr bodely goostly deth that is entre iÌto religion may depart them For tyll whanne they medle to gydre bodely the boude of ther wedlok is but goostly And therfore goostly dethe brekethe that boonde And for as moche leeue frend as the husbonde is as wele bounde to kepe feythe to his wiue as the wyfe to the husbonde therfore if the husbond trespasse and falle in fornicacion she haehe as greate accion ayens hym as he shulde haue ayens his wyf if she dyde amys Quia quo ad fidem matrimonii iudicaÌtur ad paria The eight chapter DIues I maye wele assent that auoutrye be asul greuous synne bothe in man and in woman But that simple fornicacion bytwene syngle man and syngle woman shulde be deedly synne I may not assentt therto And comon opynyon it is that it is no dedly synne Pauper Euery synne that excludethe man or woman oute of heuen is dedly synne but simple fornicacion excludeth man and woman out of heuen but they amende theim here therfore thanne symple fornicacion is dedly synne Diues Where fyndeste thou that simple fornicacion excludeth man and woman oute of heuen Pauper In the pystle of saynt poul where he seyth that no fornicaries ne they that do auoutrye nesodomitis ne theeues ne mawmetrerys ne glotons ne wycked spekers ne they that lyue by rauyn shall haue the kyngdome of heuen .i. ad corum vi And in the chapter next bifore he byddeth that
men shulde not medle wyth such fornicaries and with suche wycked lyuers not ete wyth them ne driÌke with them for they be acursid of god and of al the company of heuen And iÌ another pystle saiÌt poule sayth thus Wyte ye it wel and vnderstond ye it that no fornicarie ne vncleene man of hys body ne fals couetous maÌ shal haue eritage in the kyngedome of criste and of god And therfor seythe he Late ye no fornicacoÌn ne vnclennesse ne auarice be named in you ne filth ne foly spech ne harlottre but al maner oneste as it bicometh sayntis Ad ephe vo. And in another place he saythe that god shalle deme fornicaries and them that do auoutrye Ad hebre .xiiio. That is to seye as seyth the glose God shal dampne them withoute ende although they wene not so but sith that god yeueth no tale of flesshly synne And therfore saiÌt Iohn sayth in the boke of goddes preuitees to fornicaries and manquellers liers and periureris and such other cursed folke ther part shal be iÌ ye pit wellyng and brennynge with fier and brymstone Whych is the secunde deth of hell Apo· xxio. co. And the wyse man biddeth that thou shalt not yeue thy soule too fornicaries in any thyng that thou lese not the and thy soule and thyn eritage in heuen And euery woman fornica tye shal be troden vnder foot of the fendis as drit iÌye wey Eccle. ix c. Diues Contra Al the pÌceptys of the secunde table be youen of god to lette wrongys that meÌ shulde elles do to ther euen cristeÌ But whaÌne a seÌgle maÌ medleth with a sengle woman he dothe no man ne woman any wronge For eyther of them is in his own power Pauper Though ech of theym be in hys owne power yit ech of them doth other gret wroÌg For ech of theym slethe other by dedly synne and ech of them sleeth himsylfe and ech of them doth wrong to god in that they do ayens hys forbode and slee the soules that he bought soo dere And both they do wronge to ther euen cristeÌ in that they yeue theÌ wicked ensaumple and mater of sclaundre Diues yit Contra te God seyth to euery man and woman Crescite et multiplicamini Wexe ye and be ye multiplyed Therfore thanne if a syngle maÌ medle with a syngle wooman to brynge forth children it semeth to me no synne Pauper God sayde notte tho wordes to euery man and woman butte only to them that were wedded to gidre by goddes lawe that as they were wedded to gydre to bryng forthe children so god badde theym brynge forth children God sayde not tho wordys to sengle folke but to adam and eue his wife And vn to Noe and hys wyfe and to hys sonnes and ther wyues And therfore Tobie sayde to hys soÌne Attendite tibi fili mi ab omni fornicacoÌne cetera My soÌne kepe the fro al ma-ner fornicacioun ne medle with non wooman but only wyth thy wife Tobie quarto capitulo And saynt poule sayth Mortificate membra vestra que sunt suê terram Sle ye youre synful membrys that be open etthe Slee ye fornicacion vnclennesse lecherye These be the membrys that he byddethe vs sle not the êtyes of oure body as the glose saythe And the glose saythe also That euery liynge with a woman oute of lawful wedlok is cleped fornicacion and forbode as dedly synne And therfore god badd in the olde lawe that if the preestes doughtir were take in fornicacion she shulde be brent Leuytici xxio. c o And if any other maÌnys doughtir fel into fornicacion in hir faders house or she were wedded she shulde be stoned to deth Deu. xxii c Therfore god wold that his moder marie shuld be wedded or he were conseyued of hyr For if she hadde be founde with childe oute of wedlok the iewys shulde haue stoned hir withoute mercy And if it were leful to syngle man and syngle wooman to medle to gydre gendre god had made matrymony in vayne and there wolde no man knytte hym vndepartably to any wooman if he might withoute synne medle with what wooman he wolde Therfore crist in the gospel daÌpnethe symple fornicacion and al maner lecherye and saythe that who so lokethe on any woman in wyl to medle with hir oute of matrymonye he doth lecherye ayens goddes commaundementt and synneth dedly Mat. vo. co. And therfore as I seyde firste generacion and bryngynge forthe of chyldren is graunted only to theym that be wedded too gydre lawfully The nynth chapter DIues Be al wedded folk bounde by thys precept of god Crescite et multiplicamini to do ther diligence to byget children Pauper Byfore mankiÌd was multiplyed wedded folke were bounde to do ther deligence to brynge forth children Butte nowe that mankynde is multiplyed the precept byndeth them not so moch to generacion But they be fre to contineÌce and kepe them chast if they be both of one assent therto For many skyllys god ordeyned that man and woman shulde nott medle to gydre but they were wedded to gydre For by auoutrye and fornicacion falleth ful oft that ye brother lyeth by hys sustre and the fader by his doughter And manye an vnlawfulle wedlok is made by cause of anoutrie And he that doth auoutrye he is a thefe and robbe the man or woman of his bodye that is better thaÌ any worldly catel For the wyues bodye is the husbondis body and his body is hir body For neyther of theim hath power of his owne body to yeue it to any other by flesshly luste And he that doth fornicacion he robbeth crist of his right both bodely and goostlye And therfore saynt poule sayth that the lechoure taketh the membre of criste maketh it ye membre of ye struÌpet with whom he medleth .i. ad corum vi o Also by auoutrye be made false eyris and true eirys truly bigote put oute of ther eriatcte Also by auoutrye goddes lawe that he made so solempnely in the begynnynge of the worde fyrste of al lawes is broken And therfor he that breketh it is an opeÌ traitoure To this accordeth ye wordes of the wyse man where he seyth that the woman which forsaketh hir husbonde and take another and maketh eritage of another matrimony doth many synnes First she is misbileuynge to goddis law and brekethe goddes lawe Also she trespaseth ayens hir husbond Also she doth fornicacion in auoutry and maketh childreÌ to hir of another maÌ But hir soÌnes shal yeue no rotis and ther braunches shal yeue no frute She shal leeue ther mynde in cursynge and hir shame shalle neuer be do a wey Eccle. xx iii.c And therfor seith ye glose that auoutry is as daÌnable in the man as iÌ the woman And therfore in the same chapter he repreueth auoutrie fornicacoÌn iÌ maÌ ful highly The tenth chapter DIues Reson holy wryt dryueth me to graunte that both auoutrye symple fornicacoÌn be ful greuous sinne but
there In the other worlde he punyssheth euery synne after that it is more greuous or lesse greuous But in this worlde he doth not alwey so But oft iÌ this world he punyssheth the les synne harder than he doth the more synne Therfore in the old lawe auoutre was punysshed as hard or harder than manslaughter yit maÌslaughter is more gruous synne than auoutrie And god toke more temporal veÌgeaunce in this world for lecherie than euer he dyd for ydolatrie And yit ydolatrie is gretter synne than lecherie for it is iÌmediat ayens god ayens the first precept of the first table And manslaughter is harder punysshed in thys worde thaÌ periurie And yit periurie is gretter synne as I sayde in the secuÌde coÌmaundement And synnes in symple pore folk be harder punisshed in this worlde than synnes of the gret meÌ If a pore maÌ stele an horse he shal be hanged But if a lorde by raueyn and extorsions robbe a man of al that he hath he shal not be hanged ne lityl or nought punisshed in this world Dauid did auoutre and manslaughter for which synnes he was worthi to be slayne by comon lawe of god yit god wold not haue him slain but if apore man had do tho synnes he shulde haue be slayne A symple maÌ went gadered styckes iÌ the sabot god bad moyses stone him to deth Salomon IeroboaÌ achaz did gret ydolatrie and drough mech of ye peple to idolatre yit were they no slayn therfor the smaler synnes god punissheth iÌ this world that ye soules punyssheth iÌ this world that ye soulis of the synners maye be saued if they cun take it iÌ pacience And comonly he punisshith harder pore folk in this world than he do rich folk as by comon law For the synne of greate men as in ye same spyce of synne is more greuous than is the synne of ye pore man And therfore god reseruethe the greuous synnes and ye synnes of greate folke to punisshe them in the other world or in helle or in purgatorye There may no temporal payne be full punysshynge for dedly synne saue contricion alone And therfor god punissheth no alwey folk in this worlde after the quantite of ther synne but as he seth it most nedful and spedful to the people and to hys worshype For only god knoweth the greuoushed of dedly synne For oft that that semeth mooste greuous in maÌnys sight is lesse greuous in goddes sight and ayenward Therfore god mesureth not alwey peyne after the quantitye of the synne But ofte he punysshethe in thys worlde them that be lesse gyltye as moche as theym that be more gyltye As in tyme of the flode of Noe and in the perisshyng of sodom and gomorre and many other tymes he punisshed wymen children and bestis that were not giltye in the synnes for whyche that vengaunce fel And ofte he sendeth sikenes and dysese to gode men in punysshynge of ther synnes in thys worlde and suffereth shrewes to haue ther wyll lytyl or nought punyssheth theÌ iÌ thys worlde And as the lyon is chastised by betyng of the whelp so ofte tyme god punissheth and chastiseth ful hard in this world them that be lesse gyltye to warne them that be more giltye that they shulde amend them Therfore crist said to the iewes wene ye that tho men which pylat slough for ther rebellion were gretter siÌners than other folke of the cuntre Nay forsoth But I saye to you forsoth but ye amend you ye shal perissh alle And wyne ye saythe crist that the eightene meÌ vpon which fel the tour of syloa in IerlmÌ and slough them wene ye that they passed in synne alle the men of Ierusalem Naye forsoth But I say to you but ye amend you ye shal perisshe alle to gydre Luce. xiiio. And so the punysshyng of tho men soo slayne was a warning to them that were more synfulle that they shulde a mande theym And so thou mighteste we le see that thy ¶ skylle is nought worthy god punysshed eue harder iÌ this worlde than he dyd adam therfor hir synne was more than the synne of Adam The xxiiii chapter ALso the secunde maxyme and ground iÌ whych thou sayst that god punysshed eue harder than adaÌ may skylfullye be denyed For in punysshiÌg of adam god yaue his curse and sayde Cursed be the erth in thy werke in thy synne He sayd not cursed be the erth in thy werke of eue ne he sayde not cursed be the erth in youre werke as for comon synne of them bothe but he sayd only to adam Cursed be theerth in thy wrke In punysshynge also of the serpent he yaue hys curs sayd Thou shalt be cursed amoÌges al thynge lyuynge vpon erthe Also god cursed caym whan he punysshed hym for sleynge of hys brother Abel But whanne god punysshed woman he yaue not hys curse And we rede not that euer god yaue hys cursse to any woman openly iÌ special Ne god repreued not eue so moche as he dyd adam And so the gret repÌefe blamiÌg the curs that god yaue in punysshyng of adam more than he dyd in punisshing of eue sheweyng wel that the synne of adaÌ was more greuous than was ye synne of eue and that there was more obstynacye in adam than was eue For cursyng is not youen of god ne of holy church but for obstinacie As I sayde fyrste adam answerde full obstynatly God blamed adam pryncypaly for brekynge of hys coÌmaundement and sayde to hym that brekyng of his coÌmaundemeÌt was cause of his nakednesse of hys sodeyn myschefe and not wythstondynge the techynge and the styrynge of god he wolde not be aknowe of his senne but put his synne on god and excused hym by eue and so put synne to sinne in excusacion of his synne Whanne god punisshed adam he cursed the erth for his synne whiche curse turned to woo and traueyle of him of all mankynde which we may not fle And therfore he sayd to adam thou shalt ete of the erth in trauaile sorow alle the dayes of thy lyfe I shal briÌg the forth breris and thornes and thou shalt ete erbis of the erthe Also in punysshiÌge of adam god yaue the seÌtence of deth vpon hiÌ al maÌkiÌde for his synne therfor god siad to adam thou shalt ete thi bred iÌ swiÌk swet of thy face til thou torne ayen into the erthe For erthe thou arte ¶ and into erthe ayen thou shalt wende Syth thanne god for synne of adam yaue soo greuously hys curse and blamed so harde adam of his synne and for his synne dampned hym and all mankynde and punisshed al erthely creaturis for his siÌne daÌpned him and al mankynd to pertuel traueyle whanne he sayde thou shalt ete thy mete with traueyle and sorowe al the daies of thy lyfe And also for the synne of adam he yaue senteÌce of deth to him and to al mankynd that is moste of al peynes
we be taught feith hope and charite and how these thre pÌceptis teche vs to loue god in herte worde and dede ca. xx ¶ The fourthe precepte All the preceptes of the secouÌde table be knyt in the secouÌde pÌcept of charite why the pÌcept of worshiping fader moder is the first of the secouÌde table howe they shuld be worshiped also of peyn that cuÌmeth to them that worship nat fader moder Ensample of chaÌthe sonne of Noe. ca. .i. ¶ what mischeif comyth to children the hynder fader and moder for their gode and of them that ben vnbuxum to fader moder Ensample by absolon and adonye ca. ii ¶ By ensample in kynde we ben taught to worship fader moder as of the storke of the pellicane ca. iii. ¶ Helpe at nede is clepyd worship in holy wryt that owith the child to fader and moder what peryl it is foly man or woman to dismytte them of their gode in trust of their children ca. iiii ¶ In what maner tâe child owith to hate fader and moder and to forsake theym and howe fader and moder shulde helpe the childe and the childe them at nede Ensample by the rote and the croppe of a tree but the fader and the moder haue more kyndely loue to their children thanue ayenwarde ca. v. ¶ In what maner men of religion shulde helpe fader and moder att nede ca. vi ¶ The godes of holy churche been the godes of pore men and nedye howe seint Benet yaue godes of his couent to pore men seiÌt fraunces badde the same ca. vii Godes of religion shulde be more comen thaÌ other meÌnys godes to helpe nedy folk of the abusion of suÌme proude religious men their ypocrites excusyng fro yeuyng of almesse ca. viii ¶ Textis of holy wryt hou children shulde be obededient to fader moder that gode liuyng of the child is worship to fader moder their euyl lyuyng is shenship to fader moder ca. ix ¶ MissuffcauÌce of children in their youthe is their sheÌship and velony to al their kyn that men shulde chastise their children and teche them to serue god ca. x. ¶ Euery man woman is bounde after his degre to do his besynesse to knowe goddes lawe that he is bounde to kepe hou eche man in suÌme maner shulde teche goddes lawe hou the child shuld worship fader moder whaÌ they ben dede ca. xi Hou we shuld worship god as priÌcipal fader moder ca xii Oure gostly faders be to be worshiped why they ben clepyd gostly faders What harme cuÌmeth by them that ben clepyd curatis bothe to them self to the people for they do nat their deuer ca. xiii Our elders that be our faders mods in age be to be worshiped olde meÌ that ben customed iÌ synne shulde be harde repÌuyd· ca. xiiii ¶ Kinges al soueraignes owe to be faders to their subgettes of them to be worshipped hou why seruauntes shulde obey to ther lordes howe lordes shuld do to their seruauntes ca· xv How wycked men tirauntes been goddes seruauÌtes why god suffreth wycked folke to be in this worlde ca. xvi God yeueth lordship power to wicked meÌ for syn of the peple to whoÌ meÌ owe to obey to do theÌ worship for their dignite c. xvii ¶ How and in what ordre meÌ shuld obey to their soueraignes in what thinges In what thinges knight is bonde meÌ wyueâ childreÌ eche ben bounde to obeye to their soueraignes in whiche thiÌges they ben nat bounden ca. xviii ¶ In whiche thinges subgettes been bounde to obey to their pÌlatiâ in whiche nat though pÌlacy or lordship be occupied ayeÌs the comeÌ lawe yit is it gode to obey What a preest shulde do if the busshop bydde him curse a man whom he holdith vngilty ca. xix ¶ In what maner officers of the king shulde obey to the iuge iÌ mater of meÌnes deth In whiche thinges a religious man is bouÌde to obey his pÌlate iÌ which thiÌges nat In what maner thiÌges a pÌlate of religion may dispense in suÌme thinges nat ca. xx ¶ In what thinges a clerke is bounde to obey his busshop howe the wyf is bounde to her husboÌde in brekyng of her vowe SuÌme thinges been gode of the self suÌme ded euyl of the self suÌme iÌdiâferent ⪠In whiche thinges indifferent stondith êpirly obedience to men that ben soueraignes ca. xxi ¶ Alle men of state and dignity ben clepyd faders and owe to be worshiped of lower men ca xxii ¶ Angels seintes in heuene ben oure faders and be to be worshyped hou aungelis kepe and defende vs. ca xxiii ¶ Patrones of churches ben faders of the same churches On three maners bicometh a man patrone what righte loÌgith to proÌnes also of pÌsentacion of êsones to churches ca. xxiiii ¶ Euery man owith to holde other his fader iÌ suÌme degre for ther ben many maner faders and so by this coÌmauuÌdmeÌt we be bouÌde to helpe al nedy folke vpon oure power ca. xxv why this ê¯mauÌde t is youeÌ with a bihest of welfar mede ca xxvi ¶ Pride rebellion vnbuxuÌnesse of the peple ayen their soueraignes that they wole entmer theÌ detmyne euery cause of the loÌde of the churche is cause of destruction of reames ca xxvii ¶ The fyfte precepte ¶ Vnleful manslaughter is done by hert by mouthe by dede and hou a bacbiter sleeth thre at onys ca. i. ¶ Thre maner of flateringes in which is maÌslaughter dedly syn also of peyn of flateriÌg both by goddes lawe maÌnes ca. ii ¶ what mischeif cometh of flateringe and to theym that haue lykyng in flatering ca iii ¶ A musterer or whisterer is a preuy rowner a preuy lyer who is a double tunged man the flatering tuÌge is the thridde tunge that dothe moche woo ca. iiii ¶ Flatering of false prophetis and prechoures other false men distroyeth citees kingdomes Ensample by scripture and howe the flatering tuÌge is a gilous tunge ca. v. ¶ On iii. maners may a maÌ be slayne vnrightfully ca vi ¶ Nigardes the wole nat helpe pore folk at nede also tyrauÌtes and extorcioners that take fro men their skynnes their flesshe fro the bones be mansleers what iâ vnderstonde by these thre skyn flesshe and boone ca. vii ¶ Men that witholde seruauntes their hyre ben maÌquellers why crist saide to petyr thries Pasce Fede Men of holy churche speÌde amys godes of holy churche and wole nat help the pore nedy folk been manquellers ca viii ¶ Alle the drawe folke to synne by mys entisyng or wycked ensample or mys counseylor false lore namely men of holy churche be manquellers also al that yeue occasion of sclaundre howe pÌlates and their officers shulde haue them self in their visitaciouns Withouten what deuocion praier is dede· ca· ix Al that lett men of
heuene for his charite whiche he had by his lyf as the encense stieth vp by the hete of the fyre And for the same skylle is the graue encensed iÌ token that he shalle awake and ryse from deth to lyf Also the body the graue ben enceÌsed in tokeÌ that it is plesaunt to god the holy churche pray for hym But this maner of encensyng done to the clergye to the people to the dede bodies to the graue shulde be done with encens nat halowed ne blissed for it is noon offryng And as touchynge encensynge done in the presence of ymages as it semyth to me it is nat done propirly to the ymages but bifore the ymages in diuerse significaciones or toknynges For whaÌne enceÌsyng is done bifore a peinted ymage that repÌsentith criste whiche is very god maÌ It semyth to me that the enceÌsyng signifieth that al deuocion charitable prayer which is betokned by encence shulde principally stye vp to god whaÌ enceÌsyng is done bifore any ymage of our lady or of other seyntes it may signifye that the prayers of seintes whiche pray for vs wreches in erthe stye vp by their grete cherite to the maiesty of god Diues Sith encensyng is nat done to the peple by wey of worshypyng why encence they first the souereynes more thanne the subgettys Pauê For in alle thinge must be kept ordre in doynge And also in token that as they ben principal in state dignite so shulde they be principal in deuocion charite and yeue other gode ensample The xvi chaptre DIues Why worshyp we god and praye to him more in the est than into the weste southe and northe Pauper Eest and west south and north and ouir al it is leful and medeful to worshyp god as him that is ouir al lorde of al thynge But for to drawe cristeÌ peple to one maner doynge to fle difformite Therfore holy churche hath ordeyned that meÌ shulde in chiâche other places if it may be wele done worshyp god pray him pryse him in the Eest as the lawe shewith we le Distinct xi ecclesiasticarum And that for diuers skylles Firste for crist vpon the crosse dyed into the west therfore in oure prayer we shuld turne vs iÌto the eest to see how crist for vs henge vpon the tree so to haue an iye to his passion worshyp him that dyed for vs alle vpon the tree Also to lette the peple to sue the iewys in maner of worshypyng For att goddes ordenaunce they worshyped west warde in token that their lawe and their maner worshipyng iÌ theire cerymonies shulde sone passe go downe make an eÌde as the day endith passith a way into the west And also in token that for any worshyp or prysynge or pÌyer that they dyd yit they shulde go downe to hel tyl the newe lawe came whan criste dyed for vs al And for the same skylle criste died west warde and in his dyeng saide ConsuÌmatum est That is to say It is endyd For in his deth the olde testament endyd wente downe as the sonne And the day gothe downe in the west And therfore we cristeÌ peple worship into the Eest by techynge of the holy goost in token that our lawe shal spryng sprede as the day cuÌmyng of the sonne riseth spryngeth oute of the eest and as alle the sterres ben moste brighte in thest whan they wende into the west alle they begynne to dymme derk so was tholde lawe ful dymme ful derk but the newe lawe is open brighte clere Also we worshyppe Cryste most in the eest for he was most dispisyd in the Eest whanne on gode friday he heng on the crosse turned into the weste whan the iewes stode bifore him passide bifore him with many scornes dispytouse wordes with mowes many a iape they seyde Vath q destruis templuÌ dei Tprut for the that distroyest goddes temple And for he was moost dispysed into the Eest of the iewes hethen peple Therfore cristen peple ther ayenst worshyp hiÌ most iÌto the eest And for he was most dispysed for vs on gode frydaye Therfore we worship him most on gode fridaye And on this maner as moche as we may al his dispyte we turne to worshyp of him Also we worship god in the eest in token bright as the sonne ryseth vp in the eest so we byleue that criste rose vp from dethe to lyf and in that we worshyp him as him that rose from dethe to lyf shal lyue withouteÌ ende Also in token that we longe to come ayen to the blisse of paradyse that we loste in the eest pray god that we may with his mercy come ayen therto Diues These skylles ben gode But why werÌ thanne the xxv men blamed of god for they worshipyd estward at the risyng of the sonne as we fynde ezechielis viii.c. Pauper Nat for they worshiped god estwarde For danyel many other worshyped god Estwarde weste southe northe as he is worthy to be worshyped ouir al A solis ortu vsque ad occasuÌ laudabile nomeÌ dnÌi From the soÌne rysynge vnto the goyng downe goddes name is prisable worshipful But they were blamed for they worshyped the sonne in his rysynge dyd diuyne worship therto in dispyte of goddes temple of goddes lawe as many foles yit do these daies worshipynge the sonne in his risyng the newe mone in his firste she wynge Diues They worship him that made the sonne the mone Pauper If they do so they do we le But I drede nat al do soo And as saith a greate clerke Leo papa iÌ a sermone for asmoche as it hath a lykenesse of ydolatry custome of hethen peple men shulde absteyne them therfro For the people is ful moche enclyned to foly to ydolatrye The xvii chaptre DIues That is sothe For these daies men doo wor shyp to sonne mone sterres that for to worshyppe the sterres and the planetes the crafte of astronomye they wole put oute god of his maiestye out of his kingdome his lordship out of his fredome make him more bonde to sterres than euir was any kynge or any lorde or any maÌ vpon erth They wole be of goddes pryue couÌseyl wyl god nyl god rule his domes his dedys his werkes al by their wyttes by the course of the planetes in somoche that as they say ther shall no man ne womaÌ be hole ne seke foule ne faire riche ne pore wyse ne foole gode ne wycked but by the worchynge of the bodies aboue by their wyttes soo that they can tel it afore Ther shal falle no myscheyf ne welthe neither to persone ne to comunyte but by her wyttes by the cours of the planetes None huÌgre mo rayne ne tempeste no sekenesse no warre shal falle but by theire wyttes by the worchyng of the bodies
diuerse loÌdes and cuntrees and folowe a glorious quene that is clepyd Diana or elles herodiana or any other name and wene that they been in her seruyce bodilye with moche myrthe suche wymen ben al disseyued and blent with the feend whome they serue And therfore the feende hath power for to dysceyue them And that they suffre only by fantasy by dreme by iapery of the feende They wene it were so bodily in dede it is nat so And al tho that say or leue that men or wymen myghte by wychecrafte be turnyd iÌto bestes or into lykenesse of beestes or byrdes bodily been worse thaÌ any painym And they that for hate or wrathe that they bere ayenste any man or woman take awey the clothes of the autre and clothe the autre with dolefulle clothynge or bisette the autre or the crosse aboute with thornes and withdrawe light oute of the chirche or synge or do synge masse of Requiem for them that been alyue in hope that they shulde fare the worse and the soner dye the preest shulde be degradyd bothe the preest and he that steryd him therto for to do it shulde be exiled for euyr And alle maner wytches and al that leue on wytche crafte shulde be acursed soleÌnely but they wolde ameÌde them as the lawe sayth in the same place and in the next chaptre folowynge c o si quis As the lawe sayth there c. Contra. If the wytches were bonde men and wymen they shulde be beteÌ harde and sore If they were free they shuld be punysshed iÌ harde prison And by the lawe iÌperialle vt C. de maleficiis nullus l. nemo l. culpa And by the law canon .xxvi. qÌ v. qui diuinacoÌnes in glosa Suche wytches shulde be hedyde and brent and their fautoures exiled and alle theire godes eschetyde And by the lawe of holy churche alle that leue in theym or mayntene them shuld do fyue yere penaÌce xxvi qÌ v. Non liceat c. Qui diuinationes Also it is defendyd by the lawe as wytche craft for to do thinges come ayen by scripture in boke or in tables or by astrolabie ext li. v. ti xxvi c. i o iio. Diues I lete it a full gode dede to take a theif with his thyfte by what crafte that a maÌ may for saluacion of the people and to punysshe or sle a theif by the lawe for ensample of other The xxxv chaptre Pauper It is nat leful to any man for to sle a theif ayenst the kinges lawe and withouteÌ processe of londes lawe and withouten auctorite of his liege lorde ne without a lauful iuge ordeyned of his liege lorde yit is the theif worthy to die Diues that is sothe For if euery man might sle a theif at his owne wylle and by his owne doome men shulde vndre coloure of theif sle many a true man for wrathe couetyse and hate Pauper Sithen meÌ do somoche reuerence to the kinges lawes and londes lawes to fle myscheuys that shulde falle but if the lawes were kepte Moche more reuerence shulde they do to goddes lawe holy churche lawe and eschewe to forfete ther ayenst sithe goddes lawes and holy churche lawes ben as resonable as gode as the kinges lawes of englond Nathelesse the kinges lawes if they be iuste they be goddes lawes And asmany pereles and mo shulde falle if men toke theuys by witchecrafte ayenst goddes lawes and holy churche lawes as if they slewe them ayeÌst the kinges lawes and the loÌdes lawes Diues Shewe me that Pauper If a man sle a theif nat him defendante ayenst the kinges lawe he forfetith ayenste his kynge and is worthy deth And if he make him a iustice by his owne autorite though he kepe other processe of lawe he is a traytoure to his kynge And asmoche and more forfetiy he ayenst the kynge of heuyn that taketh a theif with wichecrafte ayenst goddes lawe sithen god and holy churche hathe forbodeÌ it as dothe he that sleeth a theif ayenst the kinges lawe And sithen he maketh the deuyl and the wytche that been moost goddes enemyes his iuge and worcheth by their doome in despyte of god that hath forbodeÌ it hem he is a ful highe traytour to god And soo he doth ten folde more synne and is worthy to be hanged more thanne a theif More ouir in asmoche as the feende is a lyer alway redy to lye with lesynges disseyuethe mankynde and bringith meÌ to murdre and to shedyng of blode and rather to sle innocentes thanne theues If suche wytchecraftes were vsyd many innocentes and many a gode maÌ and womaÌ shulde be taken and slayne and theues goo free For the feende is more fauourable to theuys maÌquellers lichoures and to other synfulle wretches thanne he is to any goâe man or woman more lykynge he hath to sle a gode man or woman if he might thaÌ to sle a theif Also god sayth in the gospel that the feend hath euir been a lyer and stode neuir in treuthe and that he is a man queller and fader of lyers and of lesynges And therfore al tho that yeue fayth to his tales and doo therafter as moche as is in theym they make god fals and forsake theire god that is souerayne treuthe and take theym to the deuyl that is souerayne falsehode and so they worshyp the feende and dispyse god And if such craftes were suffred euery man myght accuse other of what synne he wold and say that the feend or the wyche told it hym And on this maner euery man might kylle other And therfore for these skylles many moo and to fle these perelles and many other god hathe forboden alle maner ⪠wytchecrafte for it is nat done withouteÌ help of the feend But these daies god of his mercy suffreth nat the feend but fulle selden to sothesawe for if he suffryde hym to soothsawe englisshe people shulde forsake god alle at onys and sette their truste and theire fayth alle in the feend For natwithstandynge that they fynde the feendis tales and his craftis ful false by greate and ofte experience and spende fulle grete therabout and lese al that they doon and myshappen yit wole they nat cease for noo losse for noo prechynge for noo shame ne for no punysshynge Neuirthelesse it is no grete wouÌder for the fende holdith theym fulle harde bounde in his boondes as his churles and his thralles For alle suche doon a passynge homage sacrifice and seruyce to the feende and forsake god as I sayde firste The xxxvi chaptre DIues Suche craftes coniuraciones with holy prayers and they that done hem been holden fulle gode lyuers and yeue theym to fastynge penaunce doynge bedys bydding and to many other gode dedys and therfore men yeue the more fayth to them and leue them the better For it is nat semely that the feendes craft shulde be done with suche holynesse Pauper The more holy thynge and
mankynde and god that tooke mankynde of a woman in asmoche as they putte their body in suche dispite and pryue it of the due worship For the body of a gode man or of a gode woman that is knytte to that preciouse soule that Cryste bought so dere With his precioê° blode with whiche soule it shal ryse apen at the dome and lyue in blysse withouten ende brighter than the sonne it is of ful grete dignyte al if it be here in grete myscheyf for a tyme for adaÌmes synne Mannys body is of fulle grete dignyte in that the god toke oure body of a woman alone and bicame man withouten parte of man and bodily in oure kynde reigneth god and man aboue alle creatures And therfore by wey of kynd and for worship of god that toke oure kynde it oweth to be worshiped namely in his deth for than is no drede of pryde And therfore sayth the wyseman Eccle. vii.c. Mortuo non prohibeas graciam withdrawe nat thy grace thy mercy from the dede That is to say withdrawe nat ne lette natt he due seruyce and worshipfull cerymonies that longe to the body ne the suffrages and prayers that longe to the soule as sayth the the glose And in a nother place he sayth thus Sonne wepe thou on the dede man with bytter teres and grete sorow and after his state as righte is hile his body dispyse nat his buriynge make mornynge one day or .ii. after his deserte Eccle. xxxviii c. For by the lawe of kynde by lawe writen by lawe of grace euery tyme worshipful sepulture after mennys power hathe be due dette to mannys bodye and womannes In the lawe of kynde haue we exaÌple of Abraham Isaac and Iacob and her wyues whiche hadde ful costly buryinges As we rede in holy wrytte Gen. lvi.c. And in the lawe wryten haue we example of Samuel Dauid salomn iosaphat ezechie iosie tobie and of the machabeis whose buryinges were costly and worshipful In the lawe of grace that is in the new lawe haue we example of oure lorde Ihesu Cryste whiche nat withstondynge that he suffcyde spytefulle deth for mankynde yitt he wolde haue and hadde worshypfulle and costly sepulture and buriynge As we fynde in the gospelle Io. xix c wherby as the glose saith there he yaue men exaÌple to kepe worshypful buriyng after the custome of the cuntre And therfore he coÌmendyd mary mawdeleyn that she came bifore his dethe to anoynte his body so preciously and costly into the sepulture And many seyntes were buryed worshipfully by the doynges of auÌgelles as seynt ClemeÌt seint katheryne seynt agace and many other And seint poule the first hermete was buryed worshipfully and wouÌderly by worchinge of lyons and of wylde bestes iÌ tokenyng that mannys body womans owe to haue worshypful sepulture For sithen aungelles and wylde bestes dyde suche worship to mannys bodye after his deth Moche more maÌkynde shulde worshyp mannys body after his deth and doo worship to his owne kynde And so men shulde releue pore folke in their myscheyf and specially in their diynge by almes yeuyng Butte they shulde nat for that do any wronge by their lyuyng to their euen cristen for to make them riche to do moche almesse at their endynge For as the lawe sayth ther shulde no man be made rich with wronge and harme of a nother Locupletari non debet aliquis cum alterius iÌiuria vel iactura Extra de regulis iuris libro vi The lxiiii chaptre DIues What sayst thou of them that holde markettes and feyres in holy churche in sanctuary Pauper Bothe the byer and the seller and meÌ of holy church that mayntene hem or suffre them whanne they myght lett it ben acursed For we fynde nat that euir Criste punisshed so hard any synne while he went here in erth as he dyd byynge sellynge in goddes house as we fynde Io. xi c On a tyme he came iÌto the temple of Ierusalem and there he fouÌde meÌ biyng and sellyng oxen shepe and doues to be offryd in the teÌple and chaungers of money also to be offryd in the temple He was highly offendyd and made a scourge and bette them out of the temple and saide to them on this wyse Myne house shuld be an house of prayer and ye haue made it a deÌne of theuys Bere ye out said he this marchauÌdise Lede heÌs these bestes make ye nat my faders hous an house of marchaundise and a deÌne of theuys And as seynt Matheu telleth other gospellers he drewe downe her bothes and ouirturnyd theire stalles and their setis and shedde their money And as seint marke sayth he wolde nat suffre no vessel that was nat loÌgynge to the temple to be borne through the temple And sithen Cryste wolde nat suffre thynge be solde in the temple that was only for the worship of god and help of the temple Moche more he wole nat suffre thynge to be solde in the temple that longith nat to the temple but only to seculertie Diues Sithen god was soo offendyde for that men solde therin that was nedeful to the temple and for easement of hem that came fro ferre cuntrees what shuld he haue do if he had founde them biynge and selling thynge of seculerte Or if he had founde theym in bacbiâyng and glotony dronkenshyp lichery iÌ songe speche of rybaudrye as meÌ vse these daies iÌ holy church Pauper Seynt austyn sayth that as he trowyth he shulde haf caste them to the pytte of helle Diues Howe mighte Cryste that was so pore a maÌ haue cast out suche a multitude of people It is a wounder that they withstoden him nat Pauê For as the glose sayth ther came suche a lighte out of his face by wey of his god hode as long as he wolde that they were al aferid of the sight of his face and fledde awaye And for the same skyl in tyme of his passioÌ whaÌ they came for to take hiÌ he sayde I am he that ye seke twyes they went bakwarde and for drede felle downe to grounde Diues Why sayde he that they made his hous a deÌne of theues Pauê For who so is about to begile any man or womaÌ of his gode he is a theef And in biyng and sellynge either of them is about to begile other and in that they been theues And for that they doo it in goddes house there caste in their herte howe priuelye how slighly they may begile her euyn cristen therfore they make goddes house a deÌne of theuys And comonly in suche fayres and markettes where soo euir it be holden ther ben many theues mychers and cutte purses Diues And I drede me that fulle often by suche fayres goddes house is made a tauerne of glutones and a bordelle of lychoures For the marchauntes and chapmen kepe there with theym their wyues leÌmannes bothe night and day Pauper And if any maÌ comyne therÌ flesshely with his wyf or
worldly wynnynge as biynge and sellynge erynge sowynge mowynge repynge and al crastes of worldely wynnyng Also pledynge motynge markettes fayres sytting of iustices and of iuges shediÌge of blode and execution of punisshynge by the lawe and alle the werkes that shulde let maÌ from goddes seruyce and dispose him to couetise or to the feendes seruyce Natheles if erynge sowynge repyng mowynge cartyng and suche other nedeful werkes be done purely for almesse and only for heuynly mede and for nede of them that they been to in light holidayes they been thaÌ noo seruyle werkes ne the holy-day therby is nat broken Nathelesse in the sonnedaies and grete festes suche werkes shulde natt be done but ful grete nede compelle men therto The x. chaptre DIues Why bad god that bothe man beeste shulde reste and halowe on the holiday Pauper For as salomoÌ saith SapÌ vi xi c God loueth al thinge that he made hath cure of alle thinges that he made And therfore he ordeyned reste iÌ ye holidaies nat only for his owne worship and for gostly helpe of soule but also for bodily help bothe of man and beste But the couetise of man were refreyned by reste on the holiday he shulde neuir reste But with trauail sle him self his seruauÌtis his subgettes and his bestes And therfore both to saue man and beest and for grete êfyte of man god bad reste on the holiday For bothe man and beste nedith rest after trauayle and shalle be the more freysshe al the woke after to trauayle if they haue rest on the holyday And therfore it fallith oft that they which wole nat rest on the sundaye been made to reste al ye woke after either for seknes that they fal in by ouir trauayl or by sekenes or by feblenes of their seruauÌtes and of their beestes or elles by deth For often they sle their bestes by ouir moche trauayle and contynuynge of trauayl And therfore in the begynnynge of the worlde whaÌne Adam synned in the sixte daye by etynge of appyl ayenst goddes forbode And that god hadde dampnyd him and al his to perpetuel trauayl for his syn After this of his greate and endelesse mercy he tempryd and slakyd his harde dome and ordeyned reste bothe to man best in the seuynth day And therfore saith holy wrytt GenÌ ii c That god fulfillyde his werkes in the vii daye nat only for he maade than the vii day cesyd of creacion but also principally for he shewyd thanne first mercy ayeÌst synne grauntynge and bidding reste in the vii day both to man to beste whiche he dampned in the day bifore to êpetuel traueil for adams synne whiche mercy was fulfyllyng and êfection of al his werkes Quia miseratoÌes eius suê oiÌa oêa eius For as dauyd saith goddes mercyes beÌ aboue al his werkes And seynt Iames saith Mercy enhauÌsith rightful dome And but god had endyd his werkes in mercy in ye vii day and slakyde his harde dome ayenste mankynde for Adams syn elles his werkes had nat been complete ne parfyte in asmoche as the principal creature for whome he made al thinge was loste For whaÌne the fynall cause of any werke faileth that werk is nat complete ne parfite For this mercy that god shewyd to man whaÌne be ordeyned rest in the vii· day that was clepyde sabott figure of endlesse reste of mankynde Crist saith in the gospel that the sabot was made for man nat maÌ for the sabbotte Mar. ii c But synful man is so blent with couetise that he turneth his dampnation and his peyne into likynge and hath leuyr to trauayle to his vndoynge and vnto his dampnacion than to reste to his saluation And hathe leuir to folowe the harde senteÌce of god to his punysshyng thaÌne to take his grace and his mercy to be esyd Suche ben lyke oules backes whiche hate the day loue the night lyke to the feendes of helle that neuir haue reste ne for malice wole seke reste The ix chapter MOreouir leeue frende we fynde iiii maner of sabottes in holy wrytte One sabot of daies that was the vii daye ordeyned of god for reste and ease bothe of man and of beest Alsoo we fynde a sabott of monethes ordeyned also of god for rest bothe of maÌ and beest that was ye vii moneth that man and beest shulde reste theym thanne after the greate trauayl that they had in the ii momethes bifore iÌ whiche was their heruyste to gadre corne wyne and oyle and other fruyt The seuynth moneth was Septembre for thanne in that hote cuntre heruyst was al done Also we fynde a sabott of yeres that was the seuynthe yere For that yere the londe restyd that it might bere the better and the more pleÌtuously after for that yere was no londe sowen Also we fynde a sabott of sabottes that was the fyfte yere ordeynede of god for rest of the londe of beest of man and namely of theym that were in trauayle of tribulacion For thanne outlawed men myghte come ayen home in suretie Thanne bonde men were made free and dettes foryouen Than men resceyued ayen their heritage By the sabott of daies is vnderstonde reste from vices in the lyf actyf that hath sixe daies to worche By the sabbot of monethes is vnderstonde reste the men haue in the lyf conteÌplatyf bothe from vices and teÌptaciones For that moneth was moche holy but nat alle holy Righte soo they that haue the lyf coÌtemplatyf they haue more reste from vices and temptacions than they that haue the lyf actyf but fulle reste haue they nat in this world By the sabot of yeres whaÌne the londe restyd the seuynth yere is vnderstonde the reste that oure soules shalle haue in blysse whyles the erthe of oure bodies shal reste in the graue By the sabotte of sabottes that was the fiftithe yere is vnderstonde the reste withouten ende that we shal haue in heuyn whanne we shal weÌde ayen bothe bodye and soule to our heritage that we loste through Adams synne whanne al oure trauayle and tribulacion shalle cese and alle oure woo turne to wele by vertue of cristes passion The x. chaptre DIues Sithen the sabott of daies was moste soleÌpne iÌ the old lawe for it was nat leful to go that day ouir a thousande paas ne to dight their mete and more ouir that day were offryde two lambren passyng ye comon sacrifice that was doone euery daye sithen thanne the solempnyte of the sabbotes is traÌslatyd in the newe lawe ⪠into the sonneday why is nat the sonneday as worshipfulle in the newe lawe as was the sabotte in the olde lawe For as that was clepyd the sabott of oure lorde soo the sonneday is clepyd the daye of oure lorde passynge other daies And yitt we haue in ye yere many daies more solempne thanne the sunday Pauper Alle the feestys of the newe lawe ben the daies and the sabotes of oure lorde For al tho been of him self in
despiseth goddis worde or taketh it retchelesly as he that despiseth goddis body or through hys neccligens letethe it falle to the ground .i. qÌ i. in t rogo vos There the glose shewethe that it is more profitable to here goddes worde in prechynge than to here ony messe And rather a man shulde forbere hys messe than hys sermoun For by prechynge folke be styrede to contricion and to forsake synne and the fende and to loue god godenes be illumined to know ther god and vertues from vices truthe from falshede and to forsake errours and eresies By the messe be they not so But if they come to messe in synne they goo awey in synne and shrewis they come and shrewys they wende And also the vertue of the messe stondethe princypaly in true by leue of the messe and specialy of criste that is there sacred iÌ the ost But that may man lerne by prechinge of goddes word and not by hering of mes And iÌ so moch berynge of goddes worde trwly preched is better than heringe of messe Nethelesse the messe profiteth them that be in grace to gete ye more grace and foryeuenes of venyal synne and encressing of mede and lessynge the payne of purgatory And the prest maibe so good that his prayer for reuerence of the sacrament shal gete grace of amendement of hym that he preyeth for Both be gode but goddes word owth to be more charged and more desyred thaÌ heringe of messe For whanne the people disspiseth goddes word loth goddes worde that is gostly fode to man that peple is but ded in goddes syght and nyghe to the yatys of hell And therfore dauid sayth Omnem escam abhominata est anima eorum et a êpinquaueruÌt vsque ad portas mortis Ther soulis haue lothid al gostly mete that is to saye al trwe preching techiÌg of goddis word and so they be neyghed to the yatys of dethe The eleuenth chapter ALso tho prelates and curatys be gylty of maÌslaughter gostly that knowe ther sugettys in dedly synne and wyl not snybbe them ne speke ayens ther synne di xliii epheseis And therfore god sayth to euery curate prelate of holy churche and to pÌchours of goddes worde I haue made the a daiwaite to the peple of israel that is to saye to cristen peple thou shalt here the worde of my mouth tel it theÌ iÌ my name And if I saye to the synful that he shal dye and thou telle it him not ne speke not to hym that he may amende him and turne him fro his wicked wey and lyfe that synful wretche for thy defaute shal dye in his synne And I shal seke the blood and the deth of hiÌ of thin hond and thou shalt answere for hys deth Ezegie iiioc Also they be called meÌsleers that de fraude and take awey holy churche goodes .xii. qÌ ii qui xpÌi c q i abstulerit Also that preeste is a mansleer gostly that denieth the sacrament of penaunce to man or woman in his laste ende and wyl not assoyle theym whanne they repent them and axe absolucion For so they put folke in despeire ayens ye goodnesse and mercy of god that is endles and alwey redy to al that seke mercy as long as the soule and yebody be knyt to gedre Exaumple of the thefe that henge on the right syde of crist the which for payne knowleched his synne and axed grace and gate the blysse of paradyse whanne he sayde lorde haue thou minde of me whan thou comest iÌto thy kingdome And a non criste rightful iuge that best knewe his herte sayde to him I seââe for sothe thys daye thou shalt be wythe me in paradise xxvi qÌ vi si presbit c o agnouimus where the lawe sayth that they that be so harde vp on men in ther dying do not els but put deth to deth Deth of soule to dethe of body Diues Moch folk presume so moch on the merci of god that they yeue no tale to lyue in ther synne moche of al ther life in hope to haue mercy in last ende Pauê And yet if they ax mercy in due maner they shal haue mercy as the lawe sayth wel in the same place and holy writ in many places For god saythe by the prophete Ezechielis xxxiii c o That in what oure the siner sighith for his sinne and ax mercy I shal foryeue him his sinne and foryete his synne Netheles I dare not hote suche folke that they shulde haue grace stede and tyme to axe mercy as theÌ nedeth to axe For comonly such maner folke be desseyued by soden deth or elles in ther diynge they lese ther hedys and ther wyttys and begynne to raue Or elles they haue so moch payne in ther body and so moch besynesse withe the world that they thenke neyther of god ne of theÌsilfe And as seith saint austen in his sermone de innocentibus Iusto dei iudicio agitur vt moriens obliuiscatur sui q duÌ viueret oblitê° est It is goddis rightful dome that he foryete himsilfe in his diynge that hath foryeten god in hys lyuynge As fel in englond besidys oxenford There was a tyraunt in ye cuÌtre that dredde not god ne had petye of man Ofte men preched him couÌseyled him to gode He had despite of ther wordes And sayde that if he myght haue thre wordes byfore his diyng he shulde be saued as wel as the beste man leuynge At the laste it byfel that he rode by the weye to be on aqueste byfore a iustice And he bygan to slepe hys hors stomblid he fel doune brake hys necke And in his falling he sayde with greate herte Ore vaunte a deblis that is to saye in englisshe Nowe forth to the deuyl And so he had thre wordis to his dampnacion not to his saluacion Therfore the wisman sayth De êpiciatu pctoÌrum noli esse sine metu Be not wythoute drede of foryeuenesse of thy synnes ne put synne to synne ne seie not that the mercy of god is grete he shal haue mercy on the multytude of thy synnes For mercy wrathe also hastli come fro him nighe to mankynd But his wrath loketh to sinners that wyl not ameÌd theym and hys mercy to theym that wyl amend them Neterdas conuerti ad dominum c. Therfore lette not to turne the to god and delaye not from day to day For if thou do hys wrathe shal come sodenly and destroye the. Eccl. v o c. For suche folke that be so bolde in ther synne in hope of the merci of god do the wors by cause of his godnes they scorne god and seke veÌgeaunce and no mercy They take hede to his mercy and not to hys rightfulnesse Dauid saythe Vniuerse vic domini misericordia et veritas Al the weyes of god and al his domes be mercy and teruthe If thou seke mercy it were ayeÌs hys rightfulnesse but he shewed
deth better it is a feyrer that a nother sle hym than he sle himsilfe for that is dampned in eueri lawe Diues Contra te Sampson dyuers other slough themsilfe as we rede in holy writ Pauper As seyth saynt austen de ciuitate dei They slough theÌ silfe by the preuy counseyle of ye holy gooste that wolde by ther deth do myracles As whan saÌpson toke the twoo pylerys of the paynyms temple whych bare vp al the temple and shook them to gidre withe his armes tylle they brosten the temple fell doune slough many thousandys of the hethen people that was gadrede to wondre on sampson in dispyt of god of heuen whos seruaunt sampson was The xxiii chapter DIues Whether is it more synne to slee the rightfulman or awycked man Pauê It is more synne to sle the rightfulman for in that the sleer noyeth most hiÌ whom he oughtmore to loue Also for he doeth wronge to him that haue not deserued it and more ayens rightwisnesse Also for he pryueth and robbeth the comontye of manhode of agreate iewel For euery gode maÌ and gode woman is awelle to ye comontye of mankynd Also for he doth more dispyte to god for to al good criste seyth Qui vos spernit me spernit who despisith you despisithe me Diues Contra If a good man be slayne he shal sone go to heuen Butte the wicked manne if he be slayn vnwarly he shal goo too helle And lesse synne it is to send be sleiÌg a man to heuen than to hel Pauper Saynt poul seyth .i. ad corum iiio. that euery maÌ woman shal thake his owne mede after that his traueyle is Therfore the gode man so slayn shal go to heuen for his good dedys notte for the malyce of the sleer And the wicked man so slayne shalle goo to helle for his owne wicked dedys not for the wycked dedys of the sleer And the sleer shal go to hel both for the sleynge of the good and of the wicked But he shal be depper in helle for sleyng of the good than of the wycked For he shewethe more malyce more aggreuethe god and al the courte of heuen in sleynge of the good than of the wicked And he shal answere for al the good dedys that the good man shuld haue do if he had lyued lenger And he shal be punysshed for the sleinge of the wicked man for that he sleeth hym ayens goddes law and letteth hym that he may haue no tyme to amende hym Diues Is it leful to any man to sle his wyfe if he take hir iÌ auoutre Pauper To sle hir by lawe cyuyle there lawis ordeyne man woman that don auoutrye to be slayne It is leful so that he doo it only for loue of rightwysnesse and of clennesse not for hate ne for to be auenged on hir And lete him wel charge his consciens if he be ought gylty iÌ the same eyther iÌ wyl or in dede and take hede to his own freelte and thenke that the law is aswel ordeyned to punuyssh hym if he do amys as to punyssh the woman But any man to sle hys wyfe by his owne auctorite or doo hir be slayne withoute lawful iuge it is not leful by alle goddes lawe And though any londys saw yeue men leue to slee ther wyues in any case holy churche shalle punysshe theym and enioyne them ful harde penaunce as for manslaught Diues Whether is more synne a man to sle his wyfe or to sle hys fader or moder Pauper Bothe be greuous synnes moche ayens kynde For the maÌ and hys wyfe be one flesshe and one blode And he oweth as saythe saynt poule loue his wyfe as hys owne body And therfore he to sle hir ayens kynde Butt yet it is more synne and more ayeÌs kynd to sle fader and moder for of them man hath his begynniÌg his flesshe blode And also if he sle any of theÌ he forfetteth opeÌly ayens the coÌmaundementys of god the fourthe and the fifte For in that he vnworshyppethe ouer moche his fader and hys moder and fallethe iÌ cruel manslaughter and therfore it is more synne to slee fader and moder than to sle his wyfe as seyth the lawe in smÌ coÌfessorum .lio. iiiio. tio. ix qÌ x. The xxiiii chapter DIues Sythe god byddethe that no man shulde slee vnrightfully why suffereth gâd soo moche werre be in erthe so many bateyles Pauê For moch folke is worthy to die and wyl not stonde to the lawe of pees Therfore god hath ordeyned and coÌmauÌded the lawe of swerde and of cheualrye to bryng theÌ to pees with the swerde that wyl not obeye to the pees by lawe of charitye and reson Diues ThaÌ it semeth that meÌ of armes maysle men lefully that wyl not obey to the pees and too goddes wyl Pauper That is soth For Abraam moyses iosue dauid iosie machabeis and many other were men of armes and slowghe moche folke And yit god repreued them not but he badde them sle and halpe them in ther sleyng and in ther fyghtyng Diues I may wel assent that bateyle is leful if it be rightfull For god is cleped Dominus exercituum dominê° sabaoth That is to sey lorde god of ostys Pauê Thre thynges be nedful that bateyle be rightful Iusta causa iustus animus et auctoritas legitum principis a rightful cause arightful intencion and auctoritie of a lawful prynce Fyrste it is nedful that ye cause be rightful that they fight only for the right and to maynteyne right and for saluacion of the comontye and of them that be vngiltye and wold haue pees For as seyth synt austen the ende of bateyle shulde be pees .xxiii. qÌ i. nolite Also ther intencon most be rightful that thei fight not for pryde to gete theim aname ne for no false couetyse to gete worldly good ne for noo malyce for to be vengede ne for no crueltye and lykynge to shed blode For if ther intencioun be wycked thoughe ther cause be true they synne in manslaughter And for ther wycked intenci on god suffereth men to be ouercoÌme in a rightful cause Also it most be do by auctorite of a lawfull prynce that is prynce made by comon custom or by comon lawe or by comon assentt of the comontye or by comon lawful election For though aperson gadre to him rebellys ayens hys lege lordes wyl al thoughe the rebellis make him ther hed and her prynce they may not by his auctorite do rightful bateyle But al though auctorite of a priÌce lawful be nedful to rightful batayle that is solemply don by mannis lawe yit iÌ a rightful cause at nede man may by lawe of kynd with oute auctorite of any priÌce fight and defende hymsilfe and hys godis ayens wycked folke For it is the lawe of kynd euery man to saue himsilfe and putte awey fo rs with fo rs and might with might LicituÌ eÌ vim
virepellere Soo that his purpos be not to slee ne to rebel ayens his souereyn ne ayens the lawe but only in truth to saue him and his fro wicked doers Netheles clerkes shuld not fight for no worldly goodis but they may in case with fightynge and smytyng defende ther owne persone ayens clerke and lewed maÌ And so may the lewed man defeÌde himslife with smitynge ayens the clerke that seketh to smyte hiÌ if he may not els sekerly saue hiÌsilfe And if he may sekerly saue himsilfe eyther by slight eyther by shettyng of dore or of gate or any other weye he owthe to saue himsilfe and not smyte a clerke but wysely saue them both But alwey be he ware that his flight be not cause of his deth And syth that the lewed man oweth to fle the clerke if he may in seker maner to saue theÌ both Moch more the clerke that shulde shewe pacience and fle sheddynge of blode by hys ordre oweth to fle alewed man if he may to saue himsylfe sekerly and to saue theym bothe If the sugettys be in doute whether the cause that they fyght for be true they be excused by the pÌcepte of ther prynce for vertue of obedyence so that the subgettys haue no cause to misdeme of her prynce by his comon liuyng but that they suppose that he iÌ al his lyuyng be rewled by reson goddes law But if they be seker that the cause is false they be not excused ne owe not to fight Or els if the prynce be man oute of gode gouernaunce as frentyke or braynles or els that he be in hys lyuyng openly rebellyng ayens god thanne the peple oweth not to obey to his biddyng whaÌne he byddeth them fyght butt if they knowe sekerly that his cause betrwe But thaÌne they most obey the prynce of heuen that biddeth them sle no man ne woman vngylty Sowdeours other knyghtys and men of armes other frendes of the prynce not subget to him by obedience if they fight for him in a cause that is iÌ doute they be nott excused from dedly synne and maÌslaughter In smÌ coÌfesso .lio. iio. ti v o qÌ xlv .xlvi. Thus leue frende haue I declared you the fifte heeste that byddeth you and vs al not sle And therfore leue frende al if youre êsone be not able to fight ne to sle yit I pray you that ye be ware that ye assent to no mannys deth neither byfore ne after but ye were syker that they were gyltye and worthy to dye For the lawe seythe that bothe they that don the mysdede and they that assentte therto but worthy euen payne A geÌtes coÌsencieÌtes pari pena puniaÌtur Iustifye ye noo mannys deth butt ye knowe wel the cause of his dethe For I am syker that god dampneth moch manslaughter that ye and other iustifye and the dome of god shal fal that he seyde to saynt peter He that smytethe withe the swerde shal perysshe with the swerde And he that robbeth shal be robbed Veq pÌdaris nonne predaberis ysa xxxiiio. Al day ye may see what veÌgeauÌce falleth for shedinge of mannys blode euery yere more more Other nacions sle vs in euery syde and robbe vs and we haue lytel spede or non but only to sle oure owne nacion Ther fore be ye ware of goddes swerd and of mannys swerde also and iustifye ye not that god dampnethe Here endethe the fifte precepte bygynneth the syxte precepte DIues Thy couÌseyle si gode God send vs pees and kepe vs fro the swerde Nowe I pray the declare me the sixt coÌmauÌdemeÌt Pauper The sixt coÌmaundement is thys NoÌ mechaberis That is to sey iÌ englisshe Thou shalt do no lecherie ne medle with no thyng flesshly but only withe thy lawful wyfe As seyth the glose And so by thys pÌcept he forbyddeth al spyces of lecherie Diues Hou many spices be ther of lecherye Pauper Nyne And these be they Fornicacion and lecherie wyth comon wymen auoutry defoulynge of mayden hode defouliÌg of chastite auoued to god defoulyng of them that be nigh of kyn of afenitye or of gossyprede and sodomye that is mysvse of maÌnys body or womans in lecherye ayens kynde and polucion of mannys body or womans by ther owne styrynge and by themsylfe whyche is a ful orrible synne And also synful medlynge to gedre bytwene husbond and wyfe Fornicacio meretriciuÌ adulterium StupruÌ sacrilegiuÌ iÌcestus pâmÌ sodomiticuÌ voluÌtaria iÌ se pollucio ê se êuocat et libidinosus coitus coÌiugalis Diues In hou many weyis may ye husboÌd synne medlynge with his wyfe Pauê In eyght weyis First if he medle withe hir only to fulfyl his lustys and his lecherye takiÌg no hede to god ne to ye onestie of matrimonye Also if he passe me sure in his doyng Also if he medle with hir in tymes whyche holy church couÌseyleth men to coÌtineÌce as in holy tymes and in time of lente in tyme of fastynge and of other prayer whych tymes he may medle with hyr so bodely ayens reuerence of the tyme and of god that he shal synne dedly For peter and poul tech that wedded solke shuld in holy tyme and in tyme of preyr absteyne them fro such lustys that ther prayer may ye more gracoÌusly be herd of god and ther herte the more youen to godd For suche luste as for the tyme drawethe maÌnys hert and womannys moch fro god and maketh them ful flesshly and ye les goostly Therfore as we rede GenÌ viio. in the tyme of the flode in noes tyme for the herde tribulacion and dred that they wer in al that yere noe and his thre sonnes kept them chaste and lay by themsilfe and ther wyues by theym sylfe so that by holy preyer and contyeÌnce they myght the soner be delyuered of that perel myschefe that they were in Also if he medled with his wyfe iÌ holy place withoute nede For iÌ tyme of werre though he medle wyth his wyfe in church if he dare not ly of out ye church for dred of ennemyes he is excused the church is not polute or elles it were polute And also if he medle with his wyfe whaÌne she is grete with child nygh the tyme of berthe For thaÌne lyghtly he might sle the child Also if they medle to gydre with euyl condicion Also if he medle with his wife wetiÌgly iÌ hir comon sekenes at his ow ne profre But if husbond wife medle to gedre flesshly withoute these defautis only to bryng forthe a veyne too the herte And heth children to goddes seruyce els to fle fornicacion and lechery on other halfe-or to yelde the det of ther body ech to other thaÌne they synne not But thanne as sayth saynt poule ther wedlok is worshipful and ther bed wytheoute spot of blame Honorabile connubiuÌ iÌ oiÌbus thorus iÌmaculatê° Ad hebre xiii co. Vpon which worde sayth the greate clerke haymo and the glose
his lyuiÌg but kepith stylle in hope of more derth he siÌneth greuously And therfore salomon saith Qui abscondit frumentuÌ male dicetur in populis BnÌdictio dnÌi suê caput vendenciuÌ êuerbi xi He that hideth whete in tyme of hungre shall be accursyd amonges the people And the blessyng of god vpon ye hede of them that selle forth Also it may be don by comon right of marchandise they to wynne therby ther true liuyng soo that they cause no derth byther biyng And namely they may bie so leefully that haue nat wherby to lyue but suche marchaundise Butt if they do it only of auarice and to compelle men to bye men at ther likyng and as dere as they wole thaÌne they synne greuously and namely couetouse clerkes that haue enough elles wherby to lyue For to clerkes it is nat grauntyd suche marchaundise If a clerke bye a beest or other thyng and by his husbondry or by craft leful to him it be ameÌdyd or put in better degre thanne it was bifore he may selle it forth lefully for more thanne he bought it to For such doyng is clepyd propirly craft and nat marchaundise xxiiii qÌ iii. canonuÌ glosa et decon di v. nunquam If a man lene old corne to haue therfore newe corne at heruyste and wole nat take olde corn for old corne as good for as gode WhaÌne the borower may pay it he doth vsurie as saith Raymond Et suÌma conf vbi supra But if it be done priÌcipaly to saue his owne gode that eles shulde perisshe or principaly for help of his neighbour he dothe none vsurie By goddes lawe al vsurie is dampned By emêoures lawe by by mannes lawe sumtyme it is suffryd natt for yat it is gode ne leful but for to fle the more euyl for ofte men shulde perissh but they might borowe vpon vsurie For elles the couetous riche men Wole nat lene to the nedeful and so the lawe of man rightfully suffrith it for a gode ende But the couetouse maÌ doth it vnrightfully for a wycked ende And therfore holy churche dampneth them that lene vpon vsury but nat in them that borowe for nede or for a goode caÌe vpon vsurie wheÌne he may natt elles borowe But if they borowe for a wycked cause as for pley at the dyce or to spende it in glotony lecherie or pride or in other wycked vse they synne greuously And though it be leful to borowe for a gode ende vpon vsurie yit it is nat leful to lene vpon vsurie ne to counseyl any to borowe vpon vsurie As it is lefulle to a cristen man to take an hethen man that swerith by his fale god And yit it is nat leful to the cristen maÌ for to axe of him that othe ne to styrre him therto For why othe and swerynge is a diuine Worship that longith only to verrey god Also notaries that make instrumentes vpon couenauÌtes of vsurie ben forsworne For whanne they be made notaries they make an othe that they shal neuir make instrumentes vpon couenaunt of vsurie And so if they make any suche instrumeÌt they been forsworne they may neuir after bere wytnesse in any cause ne make instrumeÌt in any cause For they ben made therby of wycked name and vnable to euery office worshipfulle in the lawe and to euery dignite And if any pÌlate vnder wrytt to such couenaunt or sette his seale therto Wyttyngly is giltye of vsurye though he haue no wiÌnyng therby Hec in suÌma conf The xxvii chapter DIues What peyne is ordeyned in the lawe for vsurers Pauper Alle vsurers by the lawe ben bounden to restitucion And if they been open vsurers they ben accursed by the lawe in thre thiÌges For they shuld nat be houseled ne holy churche shal nat take ther offryng ne resceyue them to cristeÌ buriyng but they ameÌde theÌ bifore their deth And what preest elles taketh her offcyng burieth them he shalle make restitucion of that he takithe to the busshop in help of the pore folke And he is worthy to be suspendid of his office of his messe Extra e. ti quia in omnibus If the vsurer may nat make restitucion he muste axe foryeuenesse of hem that he is dettour to if he wole be saued And nat only ye vsurer but also his heir is bouÌden to restitucion and he may be compelled by the lawe to restitucion Extra e. ti tu nos And if other men be bounden to him for vsury he may no restitucion axe til he haue made restitucion to other that he is bounde to for vsurie Extra e. ti quia frusta Diues Wherby shulde men knowe an open vsurer Pauper If he kepe open stacion or open shoppe to lene or to chaunge for vsurie Or if he knowlege it bifore a iuge in dome or be coÌuicte by wytnesse or if he bere the name of an vsurer with dedys openly don accordyng to that name If a clerke be an vsurer or an heir to an vsurer but he wole make restitucion he shal be suspendyd And but he wole amende hiÌ he shal be deposed And if he be so iÌcorrigible that his busshop may nat ameÌde him he shal be chastised by seculer hoÌde Extra libro secundo titulo de iudiciis capitulo cuÌ non ab homine The clerke shal make restitucion of his owne gode if he haue wherof and nat of godes of holy churche but if he haue ought speÌt of such vsurie to profyt of holy churche If a prelate resceyue offrynge of the vsurer suÌme clerkes say that he shalle take it ayen to the vsurer in repreef of his synne SuÌme saye that he shalle take it to the busshop which shal take it ayen to the vsurer And if that vsurer may nat be founden the busshop shalle yeue it to the pore folke If the borower swerÌ that he shal pay the vsurer nat axe it ayen he must paye it to saue his othe and he shalle nat axe it ayen But he may make denunciacion to prelates of holy churche of that vsurie yat the vsurer may be compellyd by lawes of hooly churche to amende him and soo to make restitucion And if he swere that he shalle neuir bewrey him to holy churche of that vsurye he is nat bounden to that othe For it is ayenst the saluacion of his euyne cristen and ayenst the precepte of god ¶ If the vsurer bye an horse or londe withouten money of his vsurer and yeue it to a nother he that resceyueth that yifte is bounden to make restitucion if he wyst that it was so bought and youen Extra e. cum tu SeruauÌtes and labourers that serue vsurers in honeste thinges may lefully take their hire of theÌ Butt if they serue theim in thynges nat nedefulle ne leeful they may nat take their hyre of the vsurer If the seruaunte borowe money vpon vsurie withouten biddyng of his maister thoughe he borowe it for the nedys of hys maister or any man borowe money vpon
that ye shalle nat withstonde Malachie ii c Here endith the secounde pÌcepte and begynneth the thridde DIues I thanke the moche For nowe I knowe better thaÌne I dyd bifore Howe the secounde commaundement shulde be kepte And what peril it is to take goddes name iÌ vey ne Nowe I pray the enfourme me in the thridde coÌmaundmeÌt Pauper In the thridde commaundement god byddeth that thou shuldest bithynke the. and haue wele in mynde to halowe thyn holiday Sixe daies thou shalte worche and do alle thyne owne werkes In the seuynthe day is the sabot that is to saye reste of thy lorde god In that daye thou shalte do noo seruyle werk neither thou ne thy sonne thy doughter ne thy seruaunte man ne woman ne thy beest ne ne the straunger that is within thy yate Diues Why badde god that the seuynth day shulde more be halowed thanne the syxte daye Pauper For as god sayth there In syxe dayes he made heuene and erth and see and alle thynge that is therin And in the seuynthe daye he restyd and ceasyd of his werkes And therfore he blessyd that day and halowyde it and ordeyned that in that day man and beeste shulde reste And that man that day shulde specially thank god For alle the creatures that he made bifore iÌ vi dayes he made to helpe and seruyce and solace of man Diues Why saith holy wrytte that god restyd the seuynth daye sithen he trauayled neuyr For as seint austyn saith he made alle thinges withouten trauayl as holy wryt shewith Genesis primo .c. He saide butt this one shorte worde Fiat and badde that it shulde be done anon it was done as he wolde Pauper Whanne holy wrytte saith that god rested the seuynth daye he vnderstondeth therby that in the seuynthe daye he ceasyde to make new creatures For euery thinge was made bifore iÌ the vi daies either in the thyng him self as aungel light sonne mone sterres either in his kynde iÌ his simylitude as maÌ best fysshe foule and grasse and tre either iÌ his causes as thynge gendryde of corruption and thyng made by crafte For god iÌ his godhede Was neuir in trauayl but alway in blisful reste withouteÌ ende And therfore holy wrytte saythe nat that he restyd after his werk ne in his werke but that he restyde from euery werke that he hadde made For he hadde no trauayle for any werke and he was natt holpeÌ by his werke for he made no thing for nede but al for loue Diues yit contra te Cryste saith in the gospelle Io. Pater meus vsque modo operaâ et ego operor My fader worchith vnto this tyme and I worche also Therfore it semyth that god ceased nat the seuynth daye from euery werke Pauper Two maner of werk is longe to god creation and gouernaunce From the werk of creation he cesyd the seuynthe day and thaÌne principally beganne the werke of gouernaunce and of kepyng whiche werke he coÌtynueth and shalle contynue withouteÌ ende And of this werke of gouernauÌce spekyth Cryste the wordes in the gospelle nat of the werke of creacion Diues Ben ther any mo skylles Why god hadde the vii day be halowed Pauper Sixe skilles ther been as sayen these clerkes Firste for god the vii day restyd that is to say he ceased fro creation of newe creatures Also in tokening that god in the vii day delyuered the children of israel from the harde seruage of egipte and ledde theym through the rede see drye foote iÌ to the reste of the londe of bihest As we rede in holy wrytt Deut. v.c. whiche deliueraunce was token that mankynde shuld throughe cristes passioÌ by his blode that he shedde vpon the rode be deliuered out of the feendes seruage and come to the endles reste of the londe of lyf The iii. cause is that men shulde that day principaly yeue them to holy meditacione and to thanke god of al his yiftes his benefices and to lerne goddes lawe and to pryse god The fourth cause was to be token that criste the vii day shuld reste in his graue after that he had traueyled vi daies to refourme ayen mankynd that was lorne through adams synne The v. cause was to be token that vs must alle cese from vices and the vii synnes if we wole be saued As the prophete saith Quiescite agere peruerse discite bene agere ysa i.c. Reste ye to do amys and lerne ye to do wele The vi cause is to betokene the endlesse reste that we shal haue from syn and peyne in heuyn blisse for ye gode werkes that we do the vi daies of oure lyf that is to saye al the daies of oure lyf the vi ages of oure syf for fulfillyng the vi dedys of mercy which criste nameth in the gospel For as we rede in the apocalips xiiii c The holy goste to whome this pÌcepte is applied saith that meÌ after this lyf shulde rest from their trauailes for their gode werkes folowe them The ii chapter DIues Sithen that god badde the vii daye shulde be halowed why kepe we ye viii daye that is sundaye and natt the vii daye Pauper God in the olde lawe yaue three maner of pÌceptes For suÌme werÌ cerimonyal suÌme iudicial and suÌme moral The cerimonialles were but figure shadowe of thiÌges that were to come And therfore whan tho thinges were fulfylled that the cerimonyalles be tokenyd the cerymonials cesyd vanisshed awaye as the shadowe vanyssheth away by light of the sonne Iudicial preceptes were in punisshynge of synne iustifiynge of whiche suÌme ceased suÌme duelle yit stylle Butt moral pÌceptes that teche vs to loue oure god oure euyn cristen to flee synne to loue vertues tho laste alway as the x. coÌmauÌdementes suche other And for asmoche as this pÌcept is cerimonial in party as anentes the tyme and in party it is morall in asmoche as it techith vs to worshyp oure god and to reste from vyces Therfore in asmoche as it is moralle it is kepte but in yâ that it is cerymonyal it is chauÌgyd into suÌday as for the better For that that it figured and betokned is fulfillid That was ye reste of criste in the sepulcre iÌ the vii day after the grete trauayle that he hadde vi daies bifore in reformacion and redemption of mankynde Alle be we bounden to worship god nowe in ye newe lawe but nat in that maner ne iÌ that tyme that they were bouÌdeÌ in the olde lawe Diues Why is it more chaungyd in the sunday thanne into an other day Pauper For the greate benefices the grete worshipful wounders that god shewyd that daye to mankynde For on the suÌday the worlde begaÌne lighte and aungelles kynde was made That daye god sente aungelles mete manna downe the the childreÌ of israel in deserte and fedde them so xl yere That daye god yaue moyses the lawe in mouÌte of synay
That day criste was borne of the mayden mary to saue mankynde That day cryste rose from deth to lyf yeuyng vs example and hope to ryse from dethe to lyf That day the hooly goste lighted in cristes apostles and in his disciples That daye god shal come to dome as saith a grete clerke dockyng suê deutronomiuÌ And so that day was the firste day and shal be the last day that neuir shalle haue ende But it shal be a daye of endlesse blisse to al that shal be saued For right as cryste rose vp from deth to lyf on the sunday and neuyr dyed after ne shal dye So shall al we in the laste sonday that shall be ye last day ryse vp from deth to lyf and neuir dye after but lyue in blisse withouteÌ ende if we make here a gode eÌde This day is so worshipful that no bisshop may be sacryd but on the suÌday As saith ReymuÌde li. i o ti de feriis And right as the saturday was halowed iÌ the olde lawe for the reste the god made in the saturday after the creacion the werkes that he made in the vi firste dayes so holy churche throughe techynge of the holy goste hathe ordeyned the sunday to be halowyd for the rest that mankynde shalle take after vi ages of this worlde on the sondaye whiche reste and sabott shal neuir haue ende Their sabott that was on the saturday turneth alway ayeÌ to trauayl but oure sabote that is in the suÌday at the laste shalle turne into endles rest ioy blisse Sabot in ebrewe is rest iÌ englisshe And euery day iÌ the woke is clepyd sabott ferie that is reste in englisshe For euery day we ben bouÌde to ferie to reste from syn Also al the woke is clepyd sabbot as there Ieiuno bis in sabbato And Mt vltiÌo The sunday is clepyd the firste day of ye sabbottes as there Vna sabbatoruÌ And Mt vltiÌo it is saide Prima sabbtiÌ For it is first nat only iÌ ordre of daies but it is also firste in dignite For the sabot the reste in the soleÌpnyte of the saturday of the old lawe is now chauÌgyd into the suÌday for syn of the iewes whiche slewe cryste on gode friday so putt oure lady seynt mary and al holy churche in sorowe care grete trauaile bothe friday and saturday while criste lay iÌ his graue But for asmoche as he rose from deth to lyf on the suÌday and apperyd to his moder and to his disciples vii sithes the day so on the sunday begaÌne the firste ioye blysse reste of the newe lawe Therfore by goddes rightful dome ye iewys sabot on the saturday turnyd them to sorowe care moche trauayle and oure sundaye turnyd vs into grete reste ioye and blisse And as the saturdaye was halowed by the olde lawe for god grauÌted that daye firste rest to mankynde after his damnacion to êpetuel trauayle for adams synne so is nowe the suÌday halowyd for than criste graÌtyd firste reste ioye blisse to maÌkynd in the newe lawe after his passion the saluacion of mankynde the redempcion tnyd the sorowe that holy church had on the saturday by malice of the iewes into reste blisse on the suÌday And so it is fulfylled that the êphete Ieremye saide xxxi.c Redemit dnÌs populum suum God hath boughte ayen his peple with his pÌciouse blode and hath deliuered his peple oute of the feendes power I shal saythe god turne their mournyng into ioye I shal glade theim of their sorowe and conforte them And by the êphete Osee he saide that he shulde make the ioy of iewys sabotes of al their solennyties and of al their feestes to cese bicause of their synne Osee ii.c The iii. chapter ALso for halowyng in the saturday was cerymony al For as we fynde iÌ diuerse places of holy wryt namely Ezechielis xx c Halowyng iÌ the saturday was a special token youen to ye iewys wherby they shulde be knowen from other people and so was circuÌcision and many other obseruauÌcis and cerymonyes god yaue theim to be knowen from other people And therfore right as the circumcisioÌ and other obseruaunces that were bitaken them of god for tokeÌ of distinction from other peple ceasyd in cristes passion so cesyd halowynge in the saturday in Crystes passion For why although it be a morall pÌcepte to halowe the vii day yit it is nat moralle ne byndeth vs to halowe the vii day in the saturday And therforÌ we rede Exodi xxxiiii xxxv ca. That whaÌne moyses hadde ben in the mounte of synay with god fourty daies and xl nightes withouten mete or drynke and spoken with god and there takeÌ the lawe of him in two tables of stone two stemys and bemes of light risen oute of his face as it had be two hornes so glysnyng so bright that the people was a dred of him durste natt speke with him and therfore he putte a veyl bifore his face whaÌne he shuld speke to the peple and tel theym the lawes and the wyl of god And whaÌne he had so hydde his face with the veyl the first lawe that he yaue them in goddes name was to halowe the saturday And he spake no worde than of the other ix preceptes but tolde forth other obseruaunces cerymonyes whiche longed only to the iewys and were but figure and shadowe of thiÌges to come Whiche cesyd alle in cristes passion And soo he shewyd wele that halowyng in the saturday was cerimonyal shulde cease with other cerymonies in cristes passion And therfore whanne he bad them halowe the saturday he put the veyle bifore his face in tokeÌ the halowyng on the saturdaye other cerimonyes and lawes yat he yaue them that tyme werÌ but a veyle hilynge gostly vnderstoÌdyng vnder figures of thynges that were to come And whanne tho thinges were fulfilled by the passion of Cryste the veyle mystihede of figures shulde be done awaye and cese And in token therof in tyme of cristes passion the veyle of the iewys temple to rent and cleef in ii parties that men mighte se al the priuey thinges that were in the temple whiche were bifore hyd fro the sighte of the people by that veyle Also the same texte of the coÌmaundemente shewyth we le that halowynge in the saturday shulde be translatyd into the sunday that is clepyd the day of the sonne For al though god cesyd in the saturday from makinge of thinges of newe kynde yit in the saturday he made the saturday as he made eche day bifore in the same day But in the sonnedaye next folowyng he made no new day in kynde for that was the firste day and so he restyd more in the sunday from worchynge thanne he dyd in the saturdaye Also after greate trauayl owith to be more reste But criste goddes sonne hadde more trauayle in recreacion redeÌpcion of maÌkynde
long vpon erthe fare wel in the lond that thy lorde god shal yeue the. Deuto. vi c Pauper For sythe god hoteth so grete mede for keping of this pÌcept that is moste natural and wherto man woman is moste enclined biwey of kynde he shewthe wel that men shuld haue moch mede for kepiÌg of other pÌceptis that be not so natural And by the mede assygned for kepiÌg god sheweth wel what peine man womaÌ shal haue for the breking that is to saye short lyfe vpon erth euyl fare both here and in lond of deth and after lese the lond of life without end and wende to the londe of woo of derkenes TerraÌ miserie et tenebrarum And for that this pÌcepte is principal of the secunde table and in maner includeth al six folowing therfore to this coÌmauÌdement he knitteth the mede for the keping of al and payne for brekiÌg of al For after he hoteth many diuerse medys to theym that kepe hys hestys many myscheues to them that breke theÌ And al they be coÌpÌhended iÌ thys short bihest knit to this coÌmauÌdemeÌt For the biheste is moste coÌuenient to this coÌmauÌdemeÌt For as saint poule sayth ruth pety and almesdede is good for al thiÌgys and hath hys mede both in thys worlde also iÌ the tother world that is comyng Diues Shewe me that Pauê For it is good reson that they lyue longe whyth maynteyn wel theym that be beginnynge of ther lyfe that is fader and moder For whanne the rote of the tre faylethe by defaute of the tre aboue thanne ye tre shal sone fayle and sere vp And it is not worthy that he liue loÌg ne farewel that worshipeth not them ne helpe them by whoÌ he lyueth and hath his lyfe and hys welfare And he that worshipeth not the begynning of his his beynge is worthisone to lese hys beinge And he that helpeth other withe hys good to lyue longe good life is worthy to haue good and good lyfe The xxvii chapter Also leue frend ye shal vnderstonde that god sayth these wordys not only to euery persone by himsilfe but he sayd theÌ to al the peple to euery people as to one êsone not onli for worshiping of ther fleshly fader and moder but also for worshiping of ther souereyins iÌ ther degre as I sayd bifore For why as loÌge as any peple is buxuÌ meke to ther souereyns wyl folowe her gode gouernaunce and worship men after ther degre euery maÌ be payde with his owne degre do the dute of his degre so loÌge the peple is able to kepe that lond that god hath youen them to lyue go de lyfe But whanne they wyll rebelle ayens ther souereins and wyl not stond to ther ordinauÌce but euery man wyl be hys owne man and folowe hys owne fantasies despice hys souereiÌs ther dome gouernauÌce ne yeue no tale of goddis lawe ne of londis lawe ne of holy chyrchys law ne haue men of vÌtue of dignyte iÌ worship but for pryde haue theÌ in despite and be besi to worship theÌsilfe iÌ hindering of other that peple is able to the swerde able to lese his londe For as ye se at the iye iÌ tyme of teÌpest thow the bowys of the tre bete theÌsilfe togydre altobrest full doune as long as ye rote of the tre kepeth him fast in hys place and ryseth not so loÌg ye tre shal not fal But whaÌ the rote beginne to rise oute of his place anon the tre begyn to fal Right thus it fareth by ye peple of a lond Thow tempest of pride of couetise of enuie of lechery fal suÌtime iÌ the croppe of the tre that is to say a mongis lordes souereins the grete meÌ if the pore peple that is rote of the tre of al the comonte kepe theÌ styl iÌ lownes do mekely ther dwte to god kepiÌge hys coÌmauÌdemeÌtys the good preceptys of ther souereins so loÌge is hope that ye peple shall fare wel after the teÌpeste not be destroied But if they rise ayens god by customable dedly synnes ayens ther worldly souereins wil entermete them of euery cause of that londe of holy church termine euÌy cause by ther wyt body crop of the tree shal falle For it is not possyble that the rote shuld be so highe as the crop of the tre but the tre fell Ne that the fote shuld be aboue the hede but the body felle Diues This is ful soth we se it at ye iye For pÌde rebellion of ye pore peple is cause of destruccoÌn of this loÌd For sythe they aresen ayens ther souereiÌs was there neuer stabilite iÌ this loÌd but alwey sythÌe ye tre of ye peple of this loÌd the realme hathe stond in fallynge Pauper VnbuxuÌnesse pride was principal cause of lesing of londys and of realmys And priÌcipaly the cause of saluacion of realmes londys and comontees is obedience and buxuÌnesse that eche man in his degre obey to his souereyn worship hiÌ as fader therfore leue frende I pray you for goddes sake that ye worship al youre faders and moders in ther degre as I haue sayde And haue ye old folke feble iÌ worship while ye be in yonge age worship ye the age that ye draw to and haue no scorne of the old folke for feblenes and vncleÌnes that ye se them in But thenk ye that suche shall ye be if ye abyde ther age feble vnourne and loth to the syght For suche as ye be nowe such were they suÌtime It fareth bi age of man and womaÌ as it doth by a precyous stone that is cleped crisolitus Thys stone as saythe the mayster of kiÌdes iÌ the begynnyng of the day it shyneth bright as any gold But as the day passeth so passeth his brightnesse And the nyer euen the more it fadeth so that bi euen it is like a clot of erth Thus it fareth by man and woman in this world For in ther youthe and iÌ ther begynnynge they be fayre rede and rody and fresshe as rose in may ful lusty to the iye But as youthe passeth so passeth ther bewte And as they olde so they fade tyl at the laste the daye of ther lyfe cometh to an ende And than be theye but a clott of erthe ful vnourne gastly to the sight Here endeth the fourthe pÌceptt here begynnethe the fift precept The firste chapter DIues As me thenketh thou haste enformed me well in these iiii coÌmauÌdementis Nowe I praye the for charyte that thou wolt enfourme me in the fifte Pauê The fift coÌmaundement is this Non occides that is to say Thou shalt nou slee In which precept god forbedth vs al maner manslaughter vnleful both bodely and gostly He biddethe vs that we slee no man ne woman vnrightfully ayens the lawe neyther with herte
coÌseÌtiÌg to his deth neyther by wrathe hate For as sayth saiÌt iohn Qui odit freÌm suuÌ homicida est He that hateth his brother is a mansteer For of wrath hate cometh maÌslaughter Also bi this pÌcepte he forbyddeth beting fighting and mayniÌg pÌsonyng banisshiÌg outlawinge For these such other be a maner of dethe despose to dethward therfore it shuld not be do to maÌne to womaÌ without grete gylt Also he forbiddethe that we sle no man ne woman withe oure tunge hym hyndering and procuringe hys dethe ne fauoure yeuynge ne false witnesse beringe ne lesynges makynge ne by diffamyng ne bacbityng For bacbyters and wycked spekers be manquellers And therfore salomon sayth that moche folke hath falle by the swerde but not so many as haue be slayn by the tunge Eccle. xxviiio.c. And therfore he sayth êuer .xviiio.c. That life deth be iÌ ye hoÌdis of the tuÌg that is to say in the might of ye tuÌg For by hondis iÌ holy writ is vnderstond might and power And therfore dauid saith LiÌgua eoruÌ gladius acutus The tunge of the iewis and of other wicked spekers is a sharpe swerde For the iewys slowe criste withe ther tunges not with ther hondes For they procured his dethe by false witnesse and by exciliÌg of the people But paynyms slowe him with ther hondys and dyd him on the cros And yet as sayth saint austen the iewys were moâe gilty of cristys dethe than pylate that dampned hym to the deth or the knightys that dyde hiÌ on the cross For with her tunges the iewis slowe him and were cause of hys deth And therfore sayth the lawe that he that sleeth hys brother with his hond and he that hatethe hys brother and he that bacbyteth his brother al thre be mansleers De pe di.i homicidiarum The bacbyter sleeth thre at onys He slethe himsilf by his own malice and him that hereth him and him that hath lykyng in hys false tales and hym that he bacbytethe For he maketh him to lese his good name and perauenture his lyf He maketh him also to lese charyte whaÌ he knowth his wekid spech that he hath sayde byhind hym And so by lesinge of charite he leseth god that is hys lyfe of hys soule And therfore the wys man lickenethe the bacbiter to the adder that byteth and styngeth in stylnesse Eccle. xo. A shrewyd adder is the bacbiter that sleth thre with oon breth Therfore salomon saythe Kepe ye you from bacbytyng of the partid tuÌge For wekid word sayd in preuy shal nott passe in vayn and wyth oute woo For the money sayth he that lyth sle the soule SapÌ i.c. The secunde chapter DIues Is flaterynge ony gostli maÌslaughter Pauper In so moche as it slethe the soule bothe of him that flatereth of him that is flatered iÌ so moch it is gostly manslaughter Diues Is euery flaterynge gostly man slaughtyr and dedly synne Pauê Nay For flatering is a speche of veyn praysiÌg sayde to man or woman with intencion to plese them And that maye be do in three maners as praysing man or woman iÌ goodnesse and in good that he hathe Or els praysinge them in goodnesse and good that they haue not Or els praising them in threw idnesse and falsnesse of which maner flatering speketh dauid and sayth QnÌi laudatur peccator in desideriis anime sue et iniquus benedicetur Forsoth sayth he ye synner is praisid in desiris of his soule and ye wicked man is blessed of folys For whanne shrewis haue forth ther wyl in shrewednesse thanne the world praiseth them and worshyp theym The firste maner of praisynge if it be do only to plese man not god it is synne and in cas dedly synne And therfor saint poule saith that if he wold only plese man not god he were not cristys seruaunt But it be do to plese god and for a good ende it is coÌmendable and medful For in good folke vertue the is praised wexeth Virtê° laudatur crescit Butt this maner praysinge is no flatering The secunde maner of praysing if it be do for god and for a good ende it is sufferable in cas coÌmendable and medeful But if be do wetingly only to plese maÌ and not god it is dedly synne The thyrd maner of praysynge if it be do wyllynge and wetyng it is dedly sinne And therfore dauid sayde Oleum pccoÌris non iÌ pinguet caput meuÌ Lord god sayth lete not the oyle of ye synner make fatte my hede the si say late my herte neuer haue no lykynge ne ioye in false flateriÌg For as saint austen saith ye tuÌg of ye flaterer do more harme yan the swerde of the enmye pursuiÌg Therfore salomon saythe it is better to be vnder nomen of the wyse man than he deseyued by flateriÌg of folis eccle viio. This synne of flateringe is so grete greuous the if any maÌ of holi church were customable therin he shuld be degraded Also if he were a traytour or a teller of shrifte distince xlvi clericus God yeueth curs to al false flaterers saiinge in this wyse Ve qui consuunt puluillos sub omniuÌ cubito manus et faciunt ceruicalia sub capite vniuerse etatis ad capienduÌ aiÌas Who be to them the sowe smale softe pelowis vnder euery elbowe and make pelowis vnder the hede of euery age to take the sowlys of my people They âckened soulys the were not quik but depe in dedly synne and so defouled me by fore my people For by cause of ther slaterynge they youen no tale of me ne dreded me ne worship me For an handful of barly sayth be for a go bet of brede they slowe soulis that were not dede and they qÌckened soulys that lyued not makynge lesingys to my peple that loued lesingys And they conforted synners in ther synne and in ther falsnesse and dyconforted good folke in ther goodnes and in ther truth Eze. xiiio.c. The thirde chater DIues This vice of flateringe regneth ful moch in this lond For the peple is so bleÌt with flaterynge and lesinges that they se not the mischef the thei be iÌ And therfore they lyue forthe in pride and not lowe them to god ne pray to god for helpe as they shuld do if they knewe ther mischefuousnesse that they be in Pauper Therfore god saythe Popule meus q te beatum dicuÌt ipsi te decipiunt et viam gressuuÌ tuorum dissipant My people they that se that thou art blessed in welth thei disseyue the distroy the wey of thy goinge that thou might not forth ne haue no spede in thi werkys for defawte of grace ysa iiio.c. Diues What in vnderstonde by the pillouis the god spekethe of a yens flaterers Pauper As saint gregrory suyth moraliuÌ .xviiio.c. suê illud iob xvii o Donec deficiam noÌre cedam c. He that preyseth man or woman in hys wicked werke he leyth hys
haue no fantasye why they seke him but good he is not irreguler Tho we a man sle not ne yeue counseile to sle if he suffre wetingly ony thynge wherof it is semely to come manslaughter if ther come therof manslaughter he is irreguler Also if he counseile men to take a castel to caste engyne to a towne or to a castel or to shote into house walled town or castel that meÌ dwelled theriÌ if ani man be slain therby he is irreguler If ony man counseile a nother man to goo sle and be slaine himsilfe he that yaue that counseyle is irreguler Thowe prest or clerke counseile men to feyght for saluacioun of the cuÌtre and of the feyth so that he bydde them not sle he is not irreguler thow thei sle thow he bid them put himsilfe to the deth for saluacion of the cuntre for the truthe If oni man wolde fle his enemyes And a nother man counseile him not fle and he vpon that he trust abydeth and is slaine he that yaue him that couÌseyle is irreguler But he were in hope to haue saued hys lyfe that he might haue saued his life or by power or by frenshyppe in truste therof dyd hiÌ abyde thaÌ is he not irregular But if he presumed to moche on hinsylfe or was retcheles in kepinge or gylous thaÌne is he irreguler If ony man in nede sle his aduersary to saue his owne life if he mai not elles wel saue hym silfe He synneth not so that his nede come not by his foly For if his foly brought him in that nede He synnethe and is irregular Hec iÌ smÌ coÌfessorum lio. iio. tio. io. The xx chapter DIues Me merueleth moche why sheddinge of blode and the swerde is soo straytly forbode to men of holy churche For as we rede iÌ the gospel Crist badde his desiples selle ther clothys and bye them swerdys whaÌ he sayde Qui non habet veÌdat tunicam suam et emat gladiuÌ luc xxii o He that hath no swerde sylle hys cote and bye hym aswerde Pauper Crist sayde tho wordis not to al his apostlis but to iudas ye traitoure not biddiÌg him bye him a swerd but so shewinge and saiynge by fore the wicked wyl and the wicked purpose that iudas was iÌ to begge aswred to come for to betray criste and to take him that whaÌne the iewys came wythe swerdis staues to take hym as the gospel saithe he shulde haue his swarde redye to defende himsilfe if ony of cristys discyples wolde smyte hym And therfore criste sayde not tho wordys in the plurel nouÌbre as to many but in the singuler as to one iudas alone For he only was in purpose to betray hym to begge hym a swerde for drede of knockys And by tho wordis criste bad him not begge aswerd but bi tho wordys he vndernam him of his malyce in such maner that onli iudas shuld vnderstoÌd it and non other of the apostlys For criste wold not puplissh eyther discure hiÌ to the apostlis but only vndernam him in such speche that only iudas shulde wite that cryste knewe hys wycked purpose and wold not discure hiÌ And so he shewed goodnes ayeÌs his malyce to stere him to repentaunce Diues Why answerde thanne the apostles and sayd Domine ecce duo gladii hic Lorde lo two swerdys here redy And oure lorde sayde Satis est It suffisethe it is inoughe Pauê For as I sayde The apostles vnderstode not why ne to whom criste sayde tho wordis And therfore they wende as moche folke wenethe yet that criste hadde bode theym haue boughte swerdys to feyght And therfore they answerde in that maner and byguÌne to speke of swerdis and of fightinge And thanne crist was displesyd wythe ther spech bad theÌ be stylle of such spech Satis est It is inoughe it suffiseth that ye haue spoken iÌ this maner speche Now nomore of this mater And therfore as luke saythe in the same place they cesed of ther spech anon and went with crist iÌto the mounte of oliuete On the same maner god sayd to moyses whaÌ he prayde hym that he might entre the londe of byheste Sufficit tibi It is inoughe to the that thou haste sayde speke nomore to me of thys mater Deuto. iiio. co. Also god sayde to the aungel that slowe the peple Sufficit coÌtine manum tuam It is inough withold thy honde And criste sayd to hys dyscyplys in tyme of hys passion whanne he fond him slepynge Sufficit It is inoughe that ye haue slept nowe awake ye And as he made an end of her slepinge By thys worde sufficit it suffisethe so he made an ende of ther vnkunnyng speche whanne they beguÌne to speke of swerdys by thys worde Satis eÌ It is inoughe that is to saye ye haue spoke inoughe in this marÌ nomore hereof For they wyste not what crist ment nomore thaÌ they wyste what criste ment whaÌ he sayde to iudas Quod facis fac cecius That thou doiste âo it a non In suche wordys criste vndernam iudas of his euyl purpose that he shuld ameÌd hiÌ And yet it is a custum with moch folke that whaÌne theye here ther children or seruantys speke vnwysly to put them to silence and do theym be stylle wyth the same worde and say sone it is inoughe thou hast sayde inoughe Diues And many clerkys say that whanne the apostlys sayde lo here two swerdys and criste sayd ayen Satis est It inoughe In tho wordys crist graunted men of holy churche two swerdys bothe goostly swerde and bodely swerde Pauper Theye erre as the apostlys did For thei vnderstode not whine to whom criste saide tho wordys For criste graunted neuyr too clerkys the bodely swerde to shedde blode but he forbad it to them in the same tyme whanne he vndernam peter smiting with the swerde and bad hym put vp hys swerde into the shethe For whi sayth he who that smytethe wythe swerde He shall perysshe withe the swerde And so alle the processe of the gospel if men vnderstond it wel shwethe that cryste hathe forbode men of holy church the bodeli swerd therfore as saith saint ambrose ther armuer and ther fyghtinge shuld be bytter teerys and holy praiers Diues yet contra te Criste sayth in the gospel Non veni pacem mittere sed gladium I cam not saith he to sende pees in erthe but the swarde .mt. x.co. Pauper by the swerde iÌ that place is vnderstoÌd the swarde of goddys worde as saythe the glose By such sward man is departed from synne and from wycked cumpanye as the gospel shewethe wel there And by thys swerde synne is slayn in mannys soule Diues Sythe god forbad men of holy churche the swerde and sheddyng of blod and maÌslaughter why slow saiÌt peter ananyam and saphariam hys wyfe for hyr false couetouse and for hir lesinges auctuuÌ vo. Pauper As the lawe