auoutre Also thou beryst false witnesse lyest many lesingys to maiÌtein thy synne or elles to hyde it Also thou stelest thi soul his soul whom thou sleeste fro god that bought hiÌ so dere also whaÌ thou slest thou doste ayeÌsthe nynth the tenthe coÌmaundement For euery manslaughter is do for couetyse of vengeaunce or for couetyse of erthely good or for couetyse of flesshely lust as of meÌnys wyues or of ther children or of ther seruantys or for couetise of worshyp so that if thou slee thou forfetist ayens al ten com +maundemeÌtis And so it may be shewid of ech of al ten that he that breketh one breketh al and he that is gylty iÌ one dedly sinne is gilty iÌ al vii iÌ al ye x coÌmanÌdemeÌtis And in token of thys saint iohn sawe a woman sityng on aredde best ful of names of blasphemie which beste had seuen hedis x. hornys Apoco. xviio. By thys woman is vnderstonde pryde vanyte of this worlde By the red best that she sate on is vnder stond the fende dedly syne that is ful of blasphemie ayens god This beste had seuen hedys and ten hornys That is to sai seuen dedly synnes and breking of the ten coÌmaundementys in token that what man or woman fallethe iÌ oni dedly sine opeÌli he falle thiÌ al seueÌ preueli iÌ goddis sight And whanne he breketh one coÌmaundement He brekethe alle And therfore sayth saint Iames that he that offendethe in one offendethe iÌ al is gylty of al iac ii.co. The xiiii chapter DIues What longethe to ye precepte of kynde the saynt austen speketh of to the loue of god or to the preceptys of the firste table For we may do to god neyther good ne euyl Pauper ssoth it is that we mai not do to god neyther gode ne euyl And yet as faynt austen saythe in the same boke De deceÌ cordis Thys precepte of kynde byddeth vs to loue oure god and serue him wel trwly and kepe alle hys heestys For why al we be goddys seruaÌtys And if thou haddist a seruaÌt sayth saint austen thou woldest that thy seruaunt serued the wel and trwly I pray the thaÌne saythe he serue thou wel trwly thy god that is thy lorde and his lorde Thou woldeste that thy seruant were trwe to ye and not false be thou not fals to god Thou woldest no maÌ shuld defoule thy wyfe defoule thou not thi soule that is goddys spouse ne non other soule Thou woldeste that no maÌ shuld destroi thi house ne defoule it defoule thou not than goddes temple that is euery clene cristen soule Defoule it not by lecherye ne by no dedly synne For saint poule sayth that who so defouleth goddes temple god shal destroy him Thou woldest thy seruant kept wel thy coÌmauÌdementys and dyd not ayeÌs thy byddynge Kepe than thou goddes coÌmaundentys and do not ayens hys byddyngys Thou woldest that no man despise thy image paynted on aboorde despyse thou not goddes image by ony dedly synne For syth thou may not please god in sinne and shrewednesse therfore thou offeÌdest thy god in thi synne and thy corrupcion and doest wrong to hiÌ thisylfe Thou doest wroÌg to his grace to his gyft thou mainot do wrong to thy brother but thou do wronge to god that is thi lorde and his also And therfore saythe saint iohn iÌ his pistle that who so saythe that he loue the god he hate his brother he is a lyer .i. io iiiio. For in that he doth wroÌge principaly to god and to hys brother also And therfore god sayth QuicuÌque effuderit huma gum sanguinem effundetur saÌnuinis eius genÌ ix He that shed dethe oute mannys blode wroÌgfully hys bloode shal be shedde For whi saythe he man is made to the lykenes of god And so maÌ slaughtyr is open wronge do to god iÌ yâ that his seruauÌt is so slaiin and his image dispysed and distroyde Therfore god sayd to the first mansleer that was caim which sloughe hys brother abel falsely for enuy of his owne godenesse what hast thou do caim The voyse of the bloode of abel thy brother criethe to me fro erth and axeth veÌgeauÌce of the And therfore thou shalt be cursed vpon erthe whyche hathe opened his mouth hath take the blode of thy brother abel of thyn hond Thou shal traueil in tylth of ye loÌde it shal yeue the no frute Thou shalt be wanderinge and flemed vpon erthe genÌ iiiio. And the same vengeaunce comoÌli foloweth murdre For murdre mai not be hydde but nyght and dai it axethe vengeaunce The murdre shal my shappe in his doinge and be vnstable and wandering and odious in his lyuing This synne of manslaughtir is so greuous in goddes sight Tthat he coÌmaunded in the olde saw that if ony man biliynge in awayte or by preuy aspiynge or by purpose kylled ony man and after fled to goddes auter for so coure he shulde be take awaye thens be slayne for that deth exo xxio. co. And therfor saint iohn sayth iÌ the boke of goddys preuites that he that sleeth shal be slayne Apoc xiii o For as criste saythe in the gospel that same mesure the men mete to other shal be moten ayeÌ to them And therfore in tyme of hys passion he seide to peter Put vp thy swerde For ech man that vsethe swerde to shedde mannis blode wytheoute lawful power graunted of god shal peryssh by the swerde that is to sai biswerd of bodely vengeaunce Or by the swerd of goddes mouth whiche is ful sharpe on euery side punysshinge bothe body and soule Apoc. i o co. For comonly he that vsethe the swerde or ony wepen to slee ony man or woman he sleethe firste himsilfe by the swerde of hys owne malyce But trespasourys that wil not be amended in other maner may by iuste dome be slayne by theÌ that here the swerde of temporal punysshyng as saint poule saythe Adromanos xiiio. The xv chapter DIues It semeth to moch folke that god forbedeth by hys precpte al maner sleynge bothe of man and of beste For he sayde generaly Non occides Thou shalt not sle Pauê By thys word occides iÌ latyn he specifiethe shewethe that he forbyddethe sleynge of man and not of beste For occisio in latyne is in englissoÌ manslaughter quasi hominum cesio And therfore the ê pre englisshe is thys Non occides Thou shalt not slee no man Diues WhaÌne god sayd the sixt heeste that non mechaberis that is to saye thou shalt do no lecherye he forbyddeth al maner of lecherye And whanne he sayde the seuen heestys Non furtum facies that is thou shalt not stele he forbid dethe al maner theft both of maÌ and of beste and of al other thiÌgges And by the same skil as methynkethe whanne be badde vs not sle he forbadde vs al maner sleynge Pauper It is not the same skil ne lyke
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
pore man that tym and both blynde and lame amoÌges goddes peple Moyses Dauyd Salomon ioas iosies esdras iudas machabeus many other bothe in the olde lawe and in the newe ben prised highly of god for makynge and worshippynge and mayntenyng of goddes house and his seruyce And as we fynde in the gospel that ther was a pore wydowe that offrid to amendynge of goddes teÌple but two mytes that been worth a ferthynge And she was prysed of Crist for her offryng passing alle other that offryd than moch more And we fynde Exodi xxx.c. That god badde that in nombrynge of the people euery maÌ shulde pay to his tabernacle half a sicle that was fyue peÌs and that the riche shuld yeue no more as for thanne ne the pore no lesse In token that riche and pore shulde be besy to worshyp to meintene goddes house and goddes seruyce God bad that both the riche pore shulde pay alyke in tokeÌ that the pore maÌ shulde holde hym self as moche bouÌde to god as shulde the riche and the gode as the wyckyde The gode is bounde to god for he kept him oute of synne The wyckyd is for god kepyth hym that he peryssh nat for his synne Also god badde bothe ryche and pore paye euen to his tabernacle in token that they ben bothe bought with one pryce of cristes preciouse bloode and that they shulde bothe holde them self alyke bounden and that they haue bothe alyke nede of suffrages helpe of holy churche Also god badde theym both yeue alyke iÌ token that he acceptith their yiftes both alyke if their deuocion be alyke in their yeuyng that the riche man shulde nat be proude of his grete yift and of his richesses ne the pore falle in dispeyre for his smal yifte and for his pouertie Nathelesse who so may best do moste is bounde to helpe goddes house what it nedith so it is ful nedeful to araye wel goddes house and mayntene increase goddes seruyce And also it is nedeful to helpe the pore folke in their grete nede and suÌtyme more medeful than is the other And therfore leeue freend thou muste take hede to the tyme and other circumstances For in tyme of welthe of peas and of plente whanne the pore hath enogh or lightly may be holpen thaÌne principally meÌ shulde trauayle to worship goddes hous and to encrese mayntene goddes seruyce But in tyme of wo warre and huÌger of pouerte and other tribulacion thaÌ shulde men principally trauayl besily to their euyn cristen and take hede that no maÌ ne womaÌ perisshed for defaute but by besy to helpe the nedy bothe by yeuynge and leuynge In token of this we rede ii ReguÌ vii i o êali xvii xxii c That god wolde nat suffre the kynge dauyd to make his temple natwtstoÌding that he wolde ful fayne haue made it and brought and ordeyned ful moche thyng therto For in his tyme the loÌde was in moche tribulacion by warre Within and withoute by huÌger moreyne by discension and debate of them selue But he sayde to dauid that Salomon his son shulde make him a temple For he sayde he shalle reigne in peas and rest in somoche that he shal be clepyd kynge peasible for in his daies I shalle yeue pees and reste in the londe of israel And Dauid whan he was in peas reste and had discouÌfyte his enemyes thanne he beganne to ordeyne for goddes temple wold haue made it God coude hym moche thanke for his gode wyll but he wolde natt suffre hym to make it for he was nat in so gode reste as he wende to haue ben in For after that beganne greate warre ayenst him as we fynde Secundo Regum vii et viii.c. And therfore god sayde to him Thou shalte natt make to me an house For thou haste shed moche blode and thou arte a man of blode shedynge bifore me That is to say I haue ordeyned the for to fighte ayenst myn enemyes and to slee theym and so to make peas And I haue ordeyned thy sonne aftre the to make me an house in peas and reste that I shalle set hym in by thy fightynge and thy doynge The liii chaptre BVt it faryth these dayes by moche folke as it dide by Iudas the traytoure ¶ We fynde in the gospel Io. xii.c. the mary maâdeleyn anoynted the blisfulle feet of oure lord Ihesu with a precious oynemente nat for any greate nede that Cryste hadde therto but for loue deuocion that she hadde to him Iudas bare heuy therof grutched and sayd Why is this oynement thus loste It might haue been solde for thre hundryd peÌs and be yeuen to the pore folke But as seint Iohn sayth in that same place Iudas saide nat tho wordes for the loue that he had to the pore folke but for he was a theif and robbyde Cryste and his disciples of money that was yeuen them And therfore he wolde that the oynement hadde be solde for thre hundryde pens and youen to Cryste whiche louyd wel pore folke that he myghat haue myched the money away for he bare the purce And for that he hadde nat his purpose of the thre hundryd pens therfore he solde Cryste for thre hundryd pens that was thretty plates and peces of syluer For eche one of tho thrytty was worth x. smalle pens On the same maner these dayes suÌme folke gruche for deuociones and nedeful coste that men done in holy churche say as Iudas sayd that it were better to yeue it to poore folke But many of tho yeue fullytel tale howe euyl the pore peple fare for they do fullytell to the pore folke or to holy church either But by ypocrisye and symilacion of almesdede they with drawen mennys deuocion from god and holy churche and from pore folke also And soo they robbe holy churche and the pore folke For they done lytel them self and lette other that wold doo And if they do almes to the pore blynde and lame they doo it to haue a name and for to exclude or putte behynde greter almesses that they been bounden to as to worshyp holy churche and in case gode minysters iÌ holy church and hem that trauayl holy in goddes seruyce and studye in goddes lawe night day and preche it to the peple iÌ dede a worde and haue nede of bodily almesse of the whiche Cryste sayth in the gospelle Luce. x. That suche werkemen and traueloures ben worthy their mede And seynt poule sayth that Cryste hath ordeyned theym that teche the gospelle goddes lawe for to lyue by the gospel by their prechynge nat as passyng beggers by the weye but honestly worshypfully as goddes knyghtes as seynt austyn sayth super illud pÌi Producens fenuÌ iumentis And therfore they that repreue nedefulle makynge of churches of vestmeÌtes bokes nedefulle makynge of belles and gruche ayenste the holy seruyce of god in holy churche ben foles in Iudas caas For
synge ye to god craftely Iubilate deo omnis terra seruite dnÌo in leticia Introite in coÌspectu eius in exultatoÌe Alle ye that duelle vpon the erth make ye hertly ioye to god serue ye oure lorde in gladnes Entre ye in his sight with ioye and myrthe For many skylles leue frende songe and melodye was ordeyned in holy churche Firste to the more worshipyng of god Also to the more excitatione of deuocion of the people Also to putte away heuynesse and vnlustynesse as saith seynt Bernard For many maÌ hay more liking more likyng to serue god iÌ gladnesse than in heuynesse And therfore goddes office shulde be said liuely distincly deuoutly with gladnesse of herte For if the office be sayde or sunge so hauely dedely so drawen alonge the it lothe both the synger or sayer the herer bryngeth folke into heuynesse or distraction it is euyl said or songe For that maner of syngyng is lettyng of moche godenesse and cause of ydelshyp of moche foly for it maketh meÌ to withdrawe theym fro goddes house and from goddes seruyce and so wante grace De con di v. noÌ mediocriter Also we syng in churche to coÌfourne vs to seintes in heuen whiche pryse god serue god aluey with hygh voyce and swete syngyng as we fynd in the apocalipse many other places in holy wrytte And therfore dauid sayth Cantate dnÌo canticum nouum laus eius in ecclesia sanctoruÌ Synge ye a newe songe to oure lorde for suche is his prisynge in the church of al seintes And therfore songe in holy churche is gode whanne it is sunge deuoutly in clenes of lyf roundely nat lettyng the deuout praier of the peple as doth this curiouse knackyng sunge of the viciouse mynistres in the churche specially in grete and riche churches For it is ofte seen that the singers in suche places and other also ben fulle proude glutones and lechoures also And the melody of suche men is no plesaunce to god but harmeth themself and many other The lx chaptre DIues Why been nowe no martiris as were wont to be Pauper We haue these dayes martires alle to many in this londe Diues Howe soo Pauper For the mo martires the more murdre and manslaughter and the more shedyng of iÌnocentes blode the more vengeaunce shal fal therfore Diues Moche folke is slayne these daies but that they shulde be martires I can nat say Pauper All that ben slayne for the treuth paciently in charite ben martirs in asmoche as they wytnessen the treuthe and stonde therwith vnto their deth For martir in latyn is a wytnesse in englisshe It is no worship to any londe or nation to haue many martres of her sleynge but it is an endles shame And therfore the iewes that slewe Cryste and his disciples prophetes made martres withoute nombre ben in dispyte and repreef alle aboute the worlde And therfore Criste saide to hem that alle the rightful blode whiche they hadde shedde from the begynnynge of the worlde shulde falle vpon theym harde vengeauÌce therfore shuld come to hem And the romaynes that slewe petyr and many martres in euerye londe there they hadde lordshyp nowe they haue lost her lordship ben wretches of wreches and bothe the cite and the temple semyth acursed And now englissh nacion hath made many martires They spare neither their owne kyng ne their busshopes noo dignyte noon order no state ne degre but iÌdiffereÌtly slee as meÌ lyketh and so vengeauÌce wreche folowith theym and grace worshyp hath forsaken them Was it neuir worship to theim that they slewe seynt Thomas their busshop and their fader ne that they wolde by comon clamoure comen assent haue slayne their owne kynge Martirdome is worshipful theym that in charite suffre the deth to theim that holde with them in their treuthe But it is shame and shenshyppe to theym that done them to deth vnrightfully And for asmoche as the multitude of shrewys is so greate falshode is so mightye the the treuthe is ouirsette borne downe true folke so martryde We shuld wepe and nat ioye for that we haue so many marters night ând day cry mercy to let wreche If hethen peple or other nacions had made oure martirs we might reioyse vs of our martris But iÌ that we haue slayne them oure self we ought be ashamyd The lxi chaptre DIues Sithe they be martirs why doth god no myracles nowe for them as he dyde for martirs and other seyntes iÌ the begynnyng of holy churche Pauê If a lorde haue but a fewe true seruauÌtes he wole prise them and magnifie them and do them worshyp bothe to holde theym stylle in hys seruice and also to drawe other to his seruyce by ensample of them And the same dothe the maister in scole to the children that lerne wele And whaÌne the moder hath but one childe she cheriseth it the more and kepith him the more derely Right so Criste in the begynnyng of holy churche hadde but fewe gode disciples or true seruaÌtes and therfore he worshiped and magnified theim with grete myracles to comforte them iÌ the feyth and for to drawe other to the feyth For but god hadde she wyd thanne grete miracles and many they that were in the feythe shulde haue forsaken the feythe and fewe wold haue come to the feyth And it farith by holy churche by the feyth as it doth by a tree Whan a tre is newly set meÌ water it and sett stakes and poles aboute to strenght it ayenst the wyndes blastes for stormes shulde elles brise it or breke it felle it a downe But whan it is wel rotyd comoÌly wexen than men cese of wateryng and take away the stakes and the poles Right so whan holy church and cristendome was in the begynnyng criste watryd holy church with greate yiftes of grace of deuocion vnderset it with grete wounders and myracles which he shewyd that tyme ayenst the harde stormes of êsecution that was that tyme ayenst the feyth of holy churche But nowe holy churche is spruÌge and spred and the feith is stabled in meÌnys hertes and therfore suche miracles cese And if any suche myracles falle in any londe amonges cristen peple it is a token that suÌme of them be nat stable in the feith that god is nat al apaide with the people For seint poule saith the tokenes and miracles ben nat youen to folke of righte bileue but to folk of false bileue And the mo myracles that men se the lesse mede they haue for her feith as seynt gregory sayth in his Omely And so multitude of martirs and of miracles proue natt godenesse of the peple that they been doone amonge but rather they shewe and preue the malice of the people Whanne god shuld distroy the kingdome of israel and of iuda for ydolatry and other synne that nigh al the peple was fallen in he sente
slayne and his peple discoumfyt Diues Dauid speketh moch in hys boke of the gylous tunge that is cleped in lateyn lingua dolosa Pauper The gylous tung is the flateriÌg tunge For comonly euery gyle in spech is medled with flateriÌge In gilous spech be two thingys sleyght and flateringe And therfore gilous spech is lyckened to an anglyng of fysshe For in the anglyng be two thinges the hoke the mete on the hoke The hoke is the sleyght in spech the mete on the hoke is flaterynge that drawth man womaÌ on to the deuelys hoke Thus adam and eue were desseiued with ye fendes speche For slyly he axed Eue why god bad that they shulde not ete of euery tre iÌ paradise And whaÌ he sawe hir vnstable and doutiÌg he put therto the mete of flateriÌg and sayde that they shulde not dye but be as goddes kunnynge good and wycked And so by flateringe the fende loste alle mankynde Figure hereof we haue iÌ ye secuÌd boke of kiÌges xx c. where we fiÌd the ioab gitiously slough the noble prince amasam wythe a knyfe craftely made lyghtlye to go oute of the sheth And whaÌ he shulde steke hym wythe the knife he toke hiÌ by the chyn and sayde to to him heyle my brother And for hys flaterynge and fayre wordis amasa tok no hede to the knyfe And in the same maner whanne iudas betraide crist he sayde in flaterynge and gyle Aue rabi Heile thou master The sixte chapter DIues Thou hast wel declared the myschefe of flateringe tunges Say forth what thou wylt Pauper Also god forbedethe vs by thys coÌmaundement that we slee no man ne woman by oure bede him a mys doynge or him hurtinge And so by this commaundement he forbiddeth vs wrathe and wretche chydynge despisynge smitynge scornynge and al suche meanes and motyues to manslaughter Diues As thou wel saidest god forbyddethe not al maner manslaughter but only manslaughter vnrightful and ayeÌs the law For god had that men shuld not suffre wycked doers lyue in dysese of the people Malificos non pacieris viuere exo xxii And also he had that we shulde slee noo man ne woman rightful and vngilty Innocentem et iustum noÌ occides exo xxiii c Therfore I prai the tel me in how many maners a man is slayn vnrightfully Pauper On thre maners First if he be slayn withoute gilt Also if he be slayn with oute ordre and processe of lawe Also if he be slayn withoute lawful iustyce ordeined of hys lege lord to whom god hath youen lyfe lyme and the swerde to punyssh sherwys as saint poule sheweth wel in hys pystle Ad romanos xiii c Also if he be slayn by enmite hate and crueltye for to haue vengeaunce not for saluacion of the truthe and of the people The seuenth chapter DIues Thy speche is skilful say forth Pauper Also if ony man or woman dye for defaute of helpe Thanne alle that shulde haue holye them and might haue holye them and wyste therof and wolde not helpe them be gylty of manslaughter And therfore saythe the lawe Pasce fame morientem si non passis occidis dist lxxxvi pasce That is to say Fede hym that is iÌ pointe to dye for hungre If thou wil not fede hym whanne thou myght thou sleeste hym Moch more thanne they be mansleers that by extorcioun raueyne and oâledinge by might fraude and gyle robbe men of ther gode or wytheholde men of ther good wherby they shulde lyue and brynge them so in thought sorowe and care and so haste ther dethe Therfore god saythe that such maner folke as tyrauntes extorcioners and false men deuoure his peple as the mete of brede Deuorant plebem meam sicut escam panis And therfore he forbiddeth them and saythe to theym Lystne ye princes lordes and leders of the people to you it longethe to knowe ryghtfulle dome to deme what is good and what is wycked what is truthe and what is false Butte nowe ye hate good thinge and loue wycked thinge and lothe goodnesse And loue shrewednesse By violence and myght ye hilde men and take ther synnes from them and take ther flesshe from the boonys These ete the flesshe of my peple and hylde awey ther skinnis fro aboue them breke ther bonys Mychiee iiio. co. And so al suche be man slears in goddes syght For they haste mannys dethe by myschefe and sorowe and care that they brynge them in Diues What is vndertonde here by the skiÌne flesse and boonys Pauê Thre thinges be nedeful to euy man and woman liuynge hyliÌg lyfelode and helpe of frendes in feblenes dissease By the skiÌne the hyleth and clothe the flessh is vnderstonde clothinge houseyng armure by whyche man is hiled and defended fro tempestis cold and hete and enemies and many desesys By flessh is vnderstond mete and drinke wherby the flesshe is norisshed By the bonys that bere vp the flesse and strenthe the flesshe ben vnderstonde maÌnys frendys whych helpe hym at nede and bere hym vp and strenth hym in febblenesse and disese But these tyrauÌtys and extercioners and false folke take aweye the skiÌne of the pore folke For thei robbe them of ther housinge and of ther clothiÌg And thei ete awey ther flesshe for they take aweye ther lyflode wherby ther flesshe shulde be susteyned For they pille them so and make them so pore that they haue neyther house ne home ne clothinge to ther body ne mete ne drynke to lyue by Also they breke ther bonys For thei pursue ther frendes that wolde helpe them and put them iÌ such drede that theye dare not helpe them and ofte bete them and breke ther bonys and mayme them Exaumple of thys we haue iÌ ye thyrde boke of kiÌges where we fynde that there was a true man dwellynge besidys the paleys of achab that was kynge of israel and the pore man was cleped naboth And for he wolde not selle hys gardeyn to the kynge at hys wyl the kynge was wroth And by false dome and false witnesse he dyd him be stoned to deth and so by fraude and manslaughter he escheted to hiÌ the pore maÌnis gardeyn wherfore the kyng afterwarde was slayne And the quene iesabel for she assented and halpe to the death of the true man and was slayne also And houndys ete hyr flesshe and hyr boonys and lycked vp hir blode in vengeaunce of the dethe of naboth The kynge was slayne in werre Hys wyfe iesabel was caste oute of hir soler windowe and trode to dethe wythe fete of horsys And other two kinges of hir aliaunce and nighe alle hyr kynred was slayne afterwarde in vengeaunce of the dethe of naboth Achab hadde syxty soÌnes and ten lyuynge after hys dethe and they were byheded in vengeaunce of the deth of naboth .iiiio. regum x.c o The eyght chapter ALso they be gylty of manslaughter that defraude seruauntes of ther hyre Therfor the wyse man saythe That he that
that skyl For as I sayd firste by êperte of the same worde Occides He forbid dethe only manslaughter God graunted man power to slee bestes and lyue therby genÌ ix c but he graunted hym neuer to do lechery wythe ony creature ne take ony thynge by wey of stelche or of false couetise Diues Contrare we fynd that baalam rode on his asse to curse goddis peple ayens goddys wylle An aungel stode in a right streyght weye ayens him The asse sawe the aungel and fledde asyde for drede of ye auÌgels swerd bare baalam a yens the walle and brosyde hys foote Balaam sawe not the auÌgel And therfore he was wrothe wythe the asse and smote him fulharde thaÌne the asse throughe the might of god vndernam balaaÌ hys master and sayd to hiÌ what haue I do ayens the why betest thou me Thanne balaam sayde For thou haste wel deserued it wolde god I hadde aswerd to slee the Thanne the asse saide a pen Haue I nott alweye be thy beste on whiche thou haste be wont alweye to ryde Seye whanne I dyd euer the suche disese into this day And a non god opened the iyen of balaam thaÌ he saw ye auÌgel stoÌdiÌg ayeÌs hiÌ with his swerd drawne And the aungel sayde to balaam why haste thou so bete thyn asse For butte thyn asse hadde goon oute of the wey âouen me place I shulde a haue slayn the and ye asse shuld lyued Numeri .xxiio. Syth thaÌ it is so that balaam was blamed for he bette hys asse not withstoÌding that he hurth him moch mo to he shulde haue be blamed if he hadde slayne him And fo it semethe that it is not leful to slee any beste Pauper It is grauntid to man to sle bestys whaÌne it is êfitable to him for mete or clothiÌge or to auoyde noyaunce of ye bestys whych be noyouse to maÌ And therfore god sayde to noe to hys children Also fysshes iÌ the see be take to youre power and to youre hondes and al thinge that styrethe and lyueth vpon erthe beste and bridde shal be to you in mete I haue take them al to you as grene erbys oute taken that ye shalle not ete flesshe withe the blode GenÌ ix c And in another place he sayth thus If the lyke to ete flesshe sle and ete after the grace and the gyfte that god hathe youen the so that thou ete it withe oute bloode Deut â .xiio. And so grauÌtid god to maÌ for to slee bestes fesshe and foule to his profite but not to sle theÌ for crueltye ne for lykynge in vanyte and shrewidnesse And therfore whanne he forbadde man to ete flesshe with the blode he forbad him to slee bestes by wey of crueltye or for lykynge iÌ the shrewednes And therfore he sayd Ete ye no flesshe with the blode that is to saye with crueltye For I shalle seke the bloode of youre soulys of the honde of al bestys that is to saye I shal take vengeaunce for alle the bestys that ye slayne only for crueltye of soule and lykynge iÌ shrewidnes GenÌ ix c For god that made al hath cure of al. And he shal take vengeauÌce of al that mysuse his creature And therfore salomon saythe that he shal arme creaturys iÌ vengeauÌce of hys enemeyes Armabit creaturam in vlcionem iÌimicoruÌ sapÌ vo. co. And therfore men shuld haue rueth on bestys of bryddys and not harme them withoute cause in takiÌg reward that they be goddes creaturys And therfore they that for cruelte and vanyte heded bestes and turmeÌt bestys or foule more thaÌ it is spedeful to mannys lyuynge they synne in case ful greuously The xvi chapter DIues As thou saydest by fore by this coÌmauÌdemeÌt is forbode al wrongful maÌslaughter Tel me in what case it is leful to sle any man Pauê SuÌtyme manslaughter is do by hate and enmyte as whaÌne a man is slayne maliciously of hys enmye SuÌtyme it is do for wicked couetyse to haue a mannys gode SuÌtyme it is doo by ordre of obedience and processe of lawe as whaÌ a maÌ is slayne by aqeust by seÌtence of a iuge ordynarye SuÌtyme maÌslaughter is do for nede for helpe of the comonlye for the saluacion of them that be vngylty As whaÌne the knyght fightethe in his right for ye ryght sleethe hys aduersary To sle any man into ye first maners that is to saye for hate wrath enmyte or for false couetyse is alwey vnleful But for to slee a man the third maner and the for the that is to saye by processe of lawe withe a lawful iuge or by lawe of armes by the hondys of knghtys or of men of armes rewled by law of god it is leful whaÌ meÌ be gilty therfor saint austeÌ saythe lio. i o de libro arbiterio If it be so that the knight sle his aduersary in rightful bateyle or ye iuge and hys officerys sle hym that is worthy to dye me thenkethe they synne not But lene frende thre thinges be nedeful so that manslaughter shuld be leful and rightful Firste that the cause be rightful ordre processe of lawe and that iustice haue lawful power to slee and that he that shal be slayn be conuicte of hys trespase Also the intencion of the iuge and of the pursuers and of the officerys be rightful that they slee him in saluacioun of the right And for saluauacoÌn and ensaumple of other not for likiÌg of vengeauÌce ne of crueltye not hauiÌg lykiÌg iÌ his peyne so that the cause be rightful and the ordre and processe the entencion be rightful Iusta causa iustus ordo iustus aiÌmê° Diues CoÌtrate yet the gospel sayth Quod deê° coÌiunxit hoÌ noÌ seperet mt. ix There shulde no man deperte thinge that god hathe knyt to gydre But god hath knytte the soule and the body to gidre therfor thaÌne it is not leful to any man for to departe ye soule from the body neyther to slee man ne woman Pauê WhaÌne the man that is gilty is slayn rightfully by the law man sleethe him not but as goddes mynysters and goddes offcers For the lawe of god god hiÌsilfe sle him iÌ that that god coÌmauÌdeth suche to be slayne God is priÌcipal iuge of hys dethe and man is but goddes officer to do his bydding And therfore sayth the lawe that thei that sle meÌ rightfully be not cleped mansleers For why seyth he the lawe sleeth theÌ not thwe xxii qÌ v. si hoiÌcidiuÌ iÌ qoÌiÌbê° le The xvii chapter DIues Sythe it is so that trespasors lawfully may be slayne by the byddyng of god why maye not prelatys of holy churche and mynystrys of ye auter sle suche trespasours ne sit in the dome of maÌnys deth ne yeue the sentence ne yeue assistence to the domesmaÌ sythe iÌ the old lawe prestes and mynystres of ye auter might lawfully sle trespasors as we fynd in many places of holy wryt Exo. xxxii
deleuitis et numeri .xxii. de phinees .i. regum xv de samuele q iÌterfecit agag Et iiio. reguÌ xviiio. de helia q iÌterfecit sacerdotes baal Pauê As ye law seyth .xxiii. qÌ viii occidit Moche thyng was leful iÌ ye old lawe that is not leful in the new lawe In the olde lawe the swerd was grauÌted to prestes minystres of goddes auter In the new lawe god forbiddethe thyem the swerde whanne he seyde to peter in tyme of hys passion anon as he hadde betaken hym power to make the sacrament of the auter Conuerte gladiuÌ tuuÌ in vaginaÌ c. Turne thy swerde iÌto the she the For he that smith with swerde shal perisshe with the swerde In such wordys god forbiddeth the swerd to al the mynystres of goddes auter as the lawe sayth xxiii qÌ viii de epliÌs cuÌ aliis capliÌs sequenetibus Diues Why for badde he them the swerde Pauper For god wolde that men of holy churche shuld be meÌ of pees of mercy and of petye And therfore he sayde to theym Discite a me quia mitis sum huiÌlis corde Lerne ye of me for I am low and meke of herte mt. xio. c o He badde them not lern to pley with the swerde ne with the staffe ne lerne to fight and shote to sle ther enemyes but he badde them lerne to be lowe and meke of hertte and to lyue in pacience as lambys amoÌgys wolues And he bad them loue ther enemyes and do gode to them that hate them mt. vo. c. He badde them shewe pacience pees and petye not only in worde wyl and dede but he bad them absteyne them from all tokenes of vnpacience of vnpees and of crueltye And for that sheddynge of blode and manslaughter is ofte token of vnpacience vnpees of wrathe and of cruelte in them that slen and disposythe them to crueltye Therfore criste forbadde the swerd to al the mynystres of the auter Diues Tel me some other skyl Pauê Another skyl is thys For the sacrament of the auter that the pÌstes make by the vertue of cristes worde is a sacrament of charitie and of onehed For it representh the onehede that is bytwene crist and holy churche And also it representeth the onehed of the soule with the body For as the soule quyckeneth the body so cryste by the sacrament of the auter qickeneth holy church maÌnis soul Also it representyth the onehede of the godhede with our maÌhed iÌ crist therfore holy church sayth thus Nam sic t aiÌa racionalis et caro vnns est homo it a deê° et homo vnus est xpÌc Ryght as rosonable soule and the flesshe is one man so god and the man is one criste and one criste is both god and man And therfore he that destroyethe the onehede of the soul with the body and departeth theÌ aâweân by maÌslaughter he sheweth not in himsilfe ne in his dede the sacrament of onehede of crist with holy church and of the godhede with the manhede in criste Butte be dothe ayens that sacrament by speracion and diuision that he maketh iÌ manslaughter and shedding of blode And therfore he is irreguler and vnable to make the sacrament of ye auter And for the same skylif amaÌ haue wedded two wyues and so deperted his flesshe in diuers wymen he is irreguler and vnable to the auter And therfor not only prestys but dekones and subdekenes in that they be astent to the preste in makynge of the sacrament must be witout such departinge that is contrarye to the sacrament of endles charitie and of onehede bytwene god and holy church and bytwene al goode cristeÌ peple that is iÌ charite for al thei be one com to gidre iÌ this sacrameÌt For this skyl it is not leful to men of holy church to shed maÌnys blode ne to sle ne to mayme The newe testament is a law of loue And therfor criste wold that ye mynysters of the auter iÌ the new testament that shulde mynystre the sacrament of hys endles loue and of his endles mercy to mankynde that they shewe loue mercy and petye and noo token of crueltye The olde testameÌt was a lawe of drede and duresse and nighe al the sacrifices that the pÌstes made was don with sheddiÌg of blod not only in figure of cristys passion but also iÌ token yâ he that synned was worthy too be slayne as the beste that was slayne That was offeridde for hys synne And therfore the swerde was graunted too preestes And the mynesterys of the olde lawe to punysshe rebells whanne it nedethe And moche of ther office was to shedde blod And so by ther offyce they were disposed to crueltye In so moche that they were notte aserede too slee goddes sonne ther lorde ther souereyne and ther god And for that preestys of the olde lawe be crueltye slowe criste god lord of alle Therfore sheddiÌg of blode maÌslaughter is forbode to prestys iÌ the newe lawe and maketh theÌ vnable to the auter that shedde mennys blode or helpe therto The xviii chapter SHeddynge of blode in meÌ of holy churche is so abhominable orrible iÌ goddes sight that if any clerk dye iÌ batayl fightiÌg or iÌ pleies of hetheÌ meÌ of whiche foloueth sheddinge of blode and dethe as in pleyinge at the swerde and bokeler at the staffe two hondswerde hurlebat in turmentys in iustys for that clerke holy churche shal make no so lempne messe ne solempne prayere for him but he shuld be beried witheoute solempnetye of holy church .xxiii. qÌ viii q cuÌque clericê° And if a man in hys woddnes ranynge sle man and woman or childe though his woddnes pas yet he is irreguler and vnable to goddes auter vv qÌ i. si quis insaniens Nethelesse if he be prest or that case fall hym whaÌne his woodnes is passed and be in hope of seker helthe he may sey his messe Also if a man smyte child man or woman by wey of chastisiÌg he dye of that stroke he is irreguler .xv. qÌ i. Si quis non iratus extra .lio.v. .v.o. de homicidis .c. pÌsbiteruÌ Also if he be in doute whether he dye of ye stroke he shalab steyne hym from goddes auter Extra e ad audientiam Also if a preste or clerke or any man sle the thefe that robbeth the church he is irreguler Extra e significasti Also if clerkes fight ayens sarasynes and ayens hethen meÌ if they sle any maÌ womeÌ or child they be irreguler if they be iÌ doute whether thei slough or nai thei shulde absteyne theÌ from the auter Extra e peticio Also ye iuge the aduocate the accessoure the officere the witnesse by whyche man or woman is slayn and the writer and he that seythe the sentence or redeth in dome ye examinacion of the cause or wryteth ye enditemeÌt or other lettris by whiche man or womaÌ is slayne he is irreguler though ye cause
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