ony dedely synne For sythen thou may not please god in synne and shrewednesse therfore thou offendest thy god in thy synne and thy corrupcyon doost wronge to hym thyselfe Thou doost wronge to his grace to his gyfte thou mayst not doo wronge to thy brother but thou do wronge to god that is thy lorde his also And therfore sayth saynt Iohan in his pystle that who so sayth that he loueth god he hate his brother he is a lyer i Io iiij For in that he doth wronge pryncypaly to god and to his brother also And therfore god sayth QuicuÌ„que effuderit hamanuÌ„ sanguinem effudeâ— sanguinis eius GenÌ„ .ix. He that sheddeth out mannes blood wronfully his blood shall be shedde For why sayth he man is made to the lykenes of god And so manslaughter is open wronge doo to god in that that his seruaunt is so slayne and his ymage despysed and destroyed Therfore god sayd to the fyrste mansleer that was Caym whiche sloughe his brother Abell falsely for enuye of his owne goodnesse What hast thou doo Caym The voyce of the blood of Abell thy brother cryeth to me fro erthe and axeth vengeunce of the. And therfore thou shalt be cursed vpon erthe whiche hath opened his mouth hath take the blood of thy brother Abell of thyn honde Thou shalt trauayll in tylthe of the londe it shall gyue yâ— no fruyte Thou sqalt be 〈◊〉 derynge flemed vpon erth 〈◊〉 And the same vengeasice comonâ—â— foloweth murdre For murdre may not be hydde but nyght and daye it axeth vengeaunce The murdre shal myshappe in his doynge and be vnstable and wanderynge and odyous in his lyuynge This synne of manslaughter is so greuous in goddes syght that he coÌ„maunded in the olde lawe that yf ony man by laynge in awayte or by preuy aspyenge or by purpose kylled ony man after fled to goddes auter for socour he sholde be taken awaye thens be slayn for that deth Exo. xxi And therfore saynt Iohan sayth in the boke of goddes pryuytees that he that sleeth shall be slayne Apo. xiij For as cryste sayth in the gospell That same mesure that men mete to other shall be moten ayen to them And therfore in tyme of his passyon he sayd to Peter Put vp thy swerde for eche man that vseth swerde to shedde mannes blood without lawful power grauÌ„ted of god shall perysshe by the swerde that is to saye by swerde of bodely vengeauÌ„ce or by the swerde of goddes mouth whiche is full sharpe on euery syde punysshynge bothe bodye soule Apo.i. For comonly he that vseth the swerde or ony wepen to slee ony man or woman he sleeth fyrste hymselfe by the swerde of his owne malyce But trespasours that wyll not be amended in other maner may by Iuste dome be slayne by them that bere the swerde of temporall punysshynge as saynt Poule sayth Ad Romanos xiij Caplm .xv. DIues It semeth to moche folke that god forbydeth by his coÌ„mauÌ„dement all maner sleynge both of man and of best For he sayd generally Non occides Thou shalt not slee ¶ Paup By this worde occides in latyn he specyfyeth she weth that he forbydeth sleynge of man not of beest For occasio in latyn is in englysshe manslaughter quasi hominu cesio And therfore yâ— propre englysshe is this Non occides thou shalt not slee no man ¶ Diues Whan god sayd the sixt byhest Tu noÌ„ mechaberis That is to saye yâ— shalt do no lecherye he forbydeth all maner lecherye And whan he sayd the seuen byhestes Non furtuÌ„ facies That is thou shalt not stele he forbydeth al maner thefte both of man of beest and of all other thynges And by the same reason as me thynketh whan he bad vs not slee he forbadde vs all maner sleynge ¶ Pauper It it not the same reason ne lyke that reason For as I sayd fyrste by properte of the same worde Occides He forbydeth onely manslaughter God grauÌ„ted man power to slee bestes lyue therby GenÌ„ ix But he graunted hym neuer to do lechery with ony creature ne take ony thynge by waye of stelynge or of false couetyse ¶ Diues Contra te We fynde that Balaam rode on his asse to curse goddes peple ayenst goddes wyll An angell stode in a ryght strayght waye ayenst hym The asse sawe the angell and fledde asyde for drede of yâ— angels swerde bare Balaam ayenst the walle brosed his fote Balaam sawe not the adgell And therfore he was wroth with the asse and smote hym full harde than the asse through the myght of god vnder name Balaam his mayster sayd to hym What haue I do ayenst the why betest thou me Than Balaam sayd For thou haste well deserued it wolde god I hadde a swerde to slee the. Than the asse sayd ayen Haue I not alwaye be thy beest on whiche thou haste be wont alwaye to ryde Saye whan I dyde euer the suche dysease vnto this daye And anone god opened the eyen of Balaam than he sawe the angell standynge ayenst him with his swerde drawen And the angell sayd to Balaam why haste yâ— soo beten thyn asse For but thyn asse hadde gone out of the waye gyuen me place I sholde haue slayne the the asse sholde lyued Numeri .xxij. Sythen than it is so yâ— Balaam was blamed for he bette his asse not withstandynge that he hurte hym moche more he sholde haue be blamed yf he had slayn hym And so it semeth that it is not lefull to slee ony beest ¶ Paup It is graunted to man to slee bestes whan it is ê“fytable to hym for mete or clothynge or to auoyde noyauÌ„ce of the bestes whiche be noyouse to man And therfore god sayd to Noe and to his childern Also fysshes in the see be take to your power to your handes all thynge that styreth lyueth vp on erthe beest byrde shall be to you in mete I haue take them all to you as grene herbes out taken yâ— ye shall not ete flesshe with the blood GenÌ„ .ix And in an other place he sayth thus Yf the lyke to ete flesshe slee ete after the grace and gyfte that god hath gyuen the so that thou ete it withoute blood Deutâ— .xij. And so graunted god to man for to slee bestes fysshe foule to his prouffyte but not to slee them for cruelte ne for lykynge in vanyte and shrewednesse And therfore whan he forbadde man to ete flesshe with the blood he forbadde hym to slee bestes by waye of cruelte or forlykynge of shrewednesse And therfore he sayd Ete ye noo flesshe with the blood that is to saye with crueltee For I shall seke the blood of youre soules of the honde of all bestes that is to saye I shall take vengeaunce for all the bestes that ye haue slayne only for cruelte of soule lykynge in shrewednesse GenÌ„ ix For god that made all hath cure of all And he
sekenesse with ony scrypture or fygures and caractes but yf it be Pater noster Aue or the Crede or ony holy wordes of the gospell or of holy wryte for deuocyon not for curyousyte and oonly with the token of the holy crosse and all that vsen ony maner wytchecrafte or ony mysbyleue yâ— all suche forsaken the fayth of holy chirche theyr crystendome and become goddes enemyes and dys please god full greuously and falle in to dampnacyon withouten ende but they amende theym the sooner And therfore the lawe commauÌ„deth that bysshopes sholde be besye to destroye all maner wytchecraftes And yf they fonde ony man or woman that gaaf them to wytche crafte but they wolde amende them they sholde chace theym out of theyr bysshoryke with open despyte .xxvi. qÌ„ v. episcopi And in the same place the lawe sayth that tho wymmen yâ— whiche wene by nyght to ryde on dyuerse bestes and passe dyuerse londes contrees and folowe a gloryous quene the whiche is called Dyana or ellys Herodyana or ony other name and wene that they ben in theyr seruyce bodely with moche myrthe suche wymen ben all dysceyued blynded with the fende whome they serue And therfore the fende hath power for to disceyue them And that they suffre only by fantasy by dreme by Iapery of the fende They wene it were so bodely in dede it is not so And all tho that say or byleue that men or wymen myght by wytchecrafte be torned in to bestes or in to lykenesse of bestes or byrdes bodely ben worse than ony paynym And they that for hate or wrath that they bere ayenst ony man or woman take away the clothes of the aultre clothe the aultre with dolefull clothynge or besette the aultre or the crosse about with thornes and withdrawe lyght out of the chirche or synge or do synge masse of Requiem for them that ben alyue in hope that they sholde fare the worse and the sooner deye the preest sholde be degraded both the preest he that stered hym therto for to do it sholde be exyled for euer And all maner wytches all that by leue on wytchecraft sholde be acursed solempnely but they wolde amende them as the lawe sayth in the same place in the next chapytre folowynge et ca â— Si quis As the lawe sayth there ca â— Contra. Yf the wytches were bouÌ„de men wymen they sholde be beten harde and sore Yf they were free they shlod be punysshed in harde pryson And by the lawe Imperyall vt ca â— de maleticijs nullus et l. nemo et l. culpa And by the lawe Canon xxvi qÌ„ .v. qui diuinaciones in glosa Suche wytches sholde be heded and brente theyr faytours exyled all theyr goodes forteteth And by the lawe of holy chirche all that byleue in theym or mayntene theym sholde do fyue yere penauÌ„ce .xxvi. qÌ„ .v. Non liceat et ca â— Qui diuinacoÌ„es Also it is forboden by the lawe as wytchecrafte for to do thynges come ayen by scrypture in boke or in tables or by astrola bye ext li. v. ti .xxvi. ca â— i. et n ◠¶ Diues I holde it a full good dede to take a thefe with his thefte by what crafte yâ— a man may for saluacyon of the people to punysshe or slee a theef by the lawe for ensample of other Caplm .xxxv. PAuper It is not lefull to ony man for to slee a theef ayenst the kynges lawe without processe of the londes lawe and without auctoryte of his lyege lorde ne without a lawfull Iuge ordeyned of his lyege lorde yet is the thefe worthy to deye ¶ Diues That is sothe For yf euery man myght slee a thefe at his owne wyll by his owne dome men sholde vnd colour of thefte slee many a true man for wrath couetyse hate ¶ Pauê‘ Sythen men do so moche reuerence to the kynges lawes the londes lawes to flee myschyues that sholde falle but yf the lawes were kepte Moche more reucrence sholde they do to goddes lawe holy chirche lawe eschewe for to forfete ther ayenst sythen goddes lawes holy chirche lawes ben so resonable as good as the kynges lawes of Englonde Neuerthelesse the kynges lawes yf they be Iuste they be goddes lawes And as many perylles moo sholde falle yf men toke theues by wytchecrafte ayenst goddes lawes holy chirche lawes as yf they slewe them ayenst the kynges lawes and the londes lawes ¶ Diues Shewe me that ¶ Pauper Yf a man slee a theef not hym defendaunt ayenst the kynges lawe he forfeteth ayenst his kynge and is worthy deth And yf he make hym a Iustyce by his owne auctoryte though he kepe other processe of the lawe he is a traytour to his kyng And as moche and more forfeteth he ayenst the kyng of heuen that taketh a theef with wytchecraft ayenst goddes lawes sythen god and holy chirche hath forboden it as dothe he that sleeth a theef ayenst the kynges lawes And sythen he maketh the deuyll and the wytches that ben moost goddes enemyes his Iuge and werketh by theyr domes in the desspyte of god yâ— hath forboden it hem he is a ful hygh traytour to god And so he doth ten folde more synne and therfor he is worthy to be hanged more than a theef More ouer in as moche as the fende is a lyer alwaye redy to lye and with lesynges dysceyueth mankynde bryngeth men to murdre to shedyng of blood and rather for to slee Innocentes than for to slee theues Yf suche wytchecraftes were vsed many Innocentes and many a good man and woman sholde be taken slayne theues sholde go free For the fende is more fauourable to theues manquellers lecherous and to all other synfull wretches than he is to ony good man or good woman and he hath more lykynge for to slee a good man or good woman than to slee a theef Also god sayth in the gospell that the fende hath euer ben a lyer and stode neuer in trenthe and that he is a manqueller and fader of lyers and of lesynges And therfor all thoo that gyue fayth to his tales and doo therafter as moche as is in theym they make god false and forsake theyr god that is souerayne treu the and take theym to the deuyll that is souerayne falshode and soo they worshyppe the fende and dyspyse god And yf suche craftes were suffred euery man myght accuse other of what synne that he wolde and saye that the fende or the wytches tolde it hym And in this maner euery man myght kylle slee other And therfore for these skylles and reasons and many moo and for to flee these perylles and many other god hath forboden all maner of wytchecrafte for it is not done withouten helpe of the fende But now a dayes god of his grete mercy suffreth not the fende but full selden for to saye sothe for yf
¶ Diues What fantasye haste thou that men do it not for deuocyon ¶ Pauper For the people now a dayes is full vndeuoute to god and to holy chirche and they loue but full lytyll men of holy chirche and they ben lothe for to come in holy chirche whan they be bounde to come thyder and full lothe to here goddes seruyce Late they come and soone they go awaye Yf they ben there a lytyll whyle theym thynketh full longe They haue leuer to go to the tauerne than to holy chirche Leuer to here a songe of Robynhode or of some rybaudrye than for to here masse or matynes or ony other of goddes seruyce or ony worde of god And sythen that the people hath so lytyll deuocyon to god and to holy chirche I can not see that they do suche coste in holy chirche for deuocōn ne for the loue of god For they despyse god daye and nyght with theyr euyll and wycked lyuynge and theyr wycked thewys Caplm .lij. DIues Me thynketh that it were better to gyue the moneye to the poore folke to the blynde and to the lame whose soules god bought so dere than so to spende it in solempnyte and pryde and makynge of hyghe chirches in riche vestymentes in curyouse wyndowes in grete belles for god is not holpen therby the poore myght be holpen therby full moche ¶ Pauper Yf it be do for pryde and not with good mesure they lese moche mede Yf they do it of deuocyon with dyscrecōn it is medefull For euery man poore and riche after his power is boūde to worshyp goddes house so that god lorde of all be honestly and worshypfully serued And therfore god bad in y◠olde lāwe that his people sholde make-hym a full costly tabernacle at his owne deuyse And he badde Salomon make hym a full costly temple yet without doubte there was many a poore man that tyme both blynde lame amonge goddes people Moyses Dauyd Salomon Ioas. Iosyas Esdras Iudas machabeus many other bothe in the olde lawe and in the newe ben praysed hyghely of god for makynge and worshyppynge and mayntenynge of goddes house and his seruyce And as we fynde in the gospell that ther was a poore wydowe that offred to amendynge of goddes temple two mytes that ben worth a ferthynge and she was praysed of Cryst for her offryng passyng al other that offred than moche more And we fynde Exodi .xxx. That god badde that in the nombrynge of the people euery man sholde paye to his tabernacle an halfe sycle that was fyue pens that the riche sholde gyue no more than and the poore no lesse in a token that that riche and poore sholde be besy to worshyp and to mayntene goddes house and goddes seruyce God badde that bothe the riche poore sholde paye alyke in a token that the poore man sholde holde hymselfe as moche bounde to god as the riche and the good as the wycked The good is bounde to god for he kepte hym out of synne The wycked is bounde to god for he kepeth hym that he perysshe not for his synne Also god badde both riche poore paye euen moche to his tabernacle in a token that they ben bothe bought with one pryce of Crystus precyouse blood that they sholde both holde themself alyke boūden that they haue both alyke nede of suffrages helpe of holy chirche Also god badde them both gyue alyke in a token that he accepteth theyr gyftes both alyke yf theyr deuocōn be alyke in theyr gyuynge that the riche man sholde not be proude of his grete gyfte of his richesses ne the poore falle in dyspayre for his smale gyfte and for his pouerte Neuerthelesse who so may do moost best is bounde to helpe goddes house what it nedeth and so it is full nedeful to araye well goddes house and mayntene and encrease goddes seruyce And also it is nedefull to helpe the poore folke in theyr grete nede and somtyme more medefull than is that other And therfore my frendes thou muste take hede to the tyme and other cyrcumstaūces For in tyme of welthe of peas and of plente whan the poore hath ynough or lyghtly may be holpen thā pryncypally men sholde trauaylle to worshypp goddes house to encrease and mayntene goddes seruyce But in tyme of wo warre and hungre of pouerte and other trybulacōns than sholde men pryncypally trauayll besely to theyr euen crysten and take hede that no man ne woman perysshed for defaulte but by besye to helpe the nedy both by gyuyng and by lenyng In a token of this we rede .ij. Regū .vij. et .i. Paralip .vij. et .xxij. That god wolde not suffre the kyng Dauyd to make his temple notwithstandynge but he wolde full fayne haue made it and brought and ordeyned full moche thynges therto For in his tyme the londe was in grete trybulacyon by warre within and without by hungre morayne by dyscensyon debate of them selfe But he sayd to Dauyd y◠Salomon his sone sholde make hym a temple For he sayd he shall reygne in peas and in reste in so moche that he shall be called a kyng peasyble for in his dayes I shal gyue peas reste in the londe of Israell And Dauyd whan he was in peas and reste and hadde dysconfyte his enemyes than began he to ordeyn for goddes Temple and wolde haue made it God coude him moche thanke for his good wyll but he wolde not suffre hym for to make it for he was not in so good reste as he hadde wente to haue ben in For after that began a grete warre ayenst hym As we fynde .ij. 0 Regum .vij. 0 et .viij. 0 And therfor god sayd to hym Thou shalt not make to me an house for thou haste shedde moche blood and thou arte a man of bloodshedynge byfore me That is to saye I haue ordeyned the for to fyght ayenst myne enemyes and for to slee theym and so for to make peas And I haue ordeyned thyn sone after the for to make me an house in peas and in reste there I shall sette hym in by thy fyghtynge and by thy doynge Caplm .liij. BVt it fareth now a dayes by moche folke as it dyde by Iudas the traytour We fynde in the gospell Iohēe xij That Marye Magdaleyn anoynted the blysful fete of our lorde Ihesu with a precyous oynement not for ony grete nede that Cryste hadde therof but for the grete loue deuocōn that she had to hym Iudas was sorowe therof grutched and sayd why is this oynement thus loste It myght haue ben solde for thre hondred pens and be gyuen to the poore folke But as saynt Iohan sayth in the same place Iudas sayd not tho wordes for the loue y◠he hadde to the poore folke but for he was a theef and robbed Cryste and his dyscyples of moneye that was gyuen to theym And therfore he wolde that the oynemente sholde haue be solde for thre hondred pens
chirches in one lytylyle of Cerlone notwithstandynge yâ— ther were two thousande of poore crysten men outlawed dampned to ful harde trauayll myght haue be releued full well with that yâ— tho chirches costed Than holy chirche was in his youthe in his begynnyng as saynt Ierom sayth in ê“logo suê‘ actê° aplorum Now holy chirche is growen and the fayth sprongen spredde stabled in peas fro tyrauÌ„tes And therfore now we muste worshypp our god with all our myght our connynge for we haue none excusacoÌ„n as they hadde And for to auoyde ydlenesse of prestes our faders byfore this tyme ordeyned the prayers in holy chirche to be sayd after a certayne fourme after the custome of dyuerse contrees kepe theyr hour after the houres of the daye as matynes atte morowe masse afterwarde and euensonge ayenst euen so that god shall be praysed of the prestes at all tymes of the daye ¶ Diues Me thynketh that it were better to saye goddes seruyce in holy chirche without note than with note hackynge of the syllabes wordes of our prayers praysynge as as we do For who sholde telle the kyng of Englonde a tale or make his prayer to hym and made so many notes hackynges in his tale he sholde haue lytyll thanke ¶ Pauper The kyng of heuen is aboue the kyng of Englonde otherwyse we muste worshyp hym than yâ— kyng of Englond For we muste worshyp hym with all our myght all our herte all our wytte as hym that is maker lorde of all thynge so may we not worshyp the kyng of Englonde It nedeth now to speke to the kyng of Englonde to euery erthely man dystynctly for they knowe not the maÌ„nes herte ne his wyll But god knoweth it longe er we speke it with our mouth And therfore whan we synge in our prayers with cleÌ„nesse of lyfe deuocoÌ„n of herte we please god in as moche as we worshyh hym with our power of voyce and tongue For euery note so songe to god in the chirche or in other conuenyent places for deuocoÌ„n in our self to engendre deuocoÌ„n in to other is a praysynge to god And therfore Dauyd sayth Cantate exultate et psallite Synge ye make you mery outwarde synge ye to god craftely Iubilate deo ois terra seruite dnÌ„o in leticia Introite in conspectu eius in exultacoÌ„e All ye that dwelle vpon the erthe make ye hertely Ioye to god serue ye our lorde in gladnesse Entre ye in to his syghte with Ioye myrthe For many causes my frendes songe melodye was ordeyned in holy chirche Fyrst to the more worshyp of god Also to the more excytacoÌ„n of deuocoÌ„n to the people Also to put awaye heuynesse vnlustynesse as sayth saynt Bernarde For many man hath more lykynge for to serue god in gladnesse than in heuynesse And therfor goddes seruyce sholde be sayd lyuely dystynctly deuoutly with gladnesse of herte For yf the seruyce be sayd or songe so hauenly dedely so drawen a longe that it lothe both the synger or sayer the herer bryngeth folke in to heuynesse or dystraccoÌ„n it is euyll sayd or songe For that maner of syngynge is lettynge of moche goodnesse cause of ydlenesse of moche foly for it maketh men to withdrawe theym from goddes house from goddes seruyce and so wante grace De conse dist v. Non mediocrit Also we synge in holy chirche to confourme vs to sayntes in heuen whiche prayse god and serue god alwaye with hyghe voyce swete syngynge as we fynde in the Apocalyps many other places in holy wryte And therfore sayth Dauyd Cantate dnÌ„o canticuÌ„ nouuÌ„ laus eius in ecclia sanctorum Synge ye a newe songe to our lorde for suche is his prysynge in holy chirche of all sayntes And therfore songe in holy chirche is good whan it is songe deuoutely in clennes of lyfe roundely not lettynge the deuoute prayers of the people as doth this curyouse knackynge songe of the vycyouse mynystres in the chirche specyally in grete riche chirches For it is ofte seen that the syngers in suche places other also ben ful proude glotons and lecherous also And the melodye of suche men is no plesaunce to god but it doth harme to them selfe and many other Caplm .lx. DIues Why ben ther now no martyrs as ther were wonte for to be ¶ Pauper We haue now a dayes all to many martyrs in this londe ¶ Diues How soo ¶ Pauper For the more martyrs the more murdre and manslaughter and the more shedynge of Innocentes blode the more vengeaunce shall falle therfore ¶ Diues Moche people is slayne now a dayes but yf they sholde be martyrs I can not say ¶ Pauper All that be slayne for the treuthe pacyently in charyte ben martyrs in as moche as they wytnessen the treuthe stonde therwith vnto theyr deth For martyr in latyn is a wytnesse in englysshe It is no worshyp to ony londe or nacyons for to haue many martyrs of her owne sleynge but it is an endles shame And therfore the Iewes that slewe Cryste and his dyscyples the ê“phetes madâ— martyrs without nombre ben in despyte and repreue all about the worlde And therfore Cryste sayd to them that al the rightfull blood whiche they had shedde fro the begynnynge of the worlde sholde falle vpon them an harde vengeauÌ„ce therfore sholde come to them And the Romayns that slewe Peter and many martyrs in euery londe there as they hadde lordshyp and now they haue lost ther lordshyp ben wretches of wretches and bothe the cyte the temple semeth acursed And now Englysshe nacoÌ„n hath made many martyrs For they spare neyther theyr owne kyng ne theyr bysshoppes no dygnyte no ordre none astate ne degree but indyfferently slee as them lyketh so vengeauÌ„ce wretchednesse foloweth them grace worshyp hath forsaken them it was neuer worshyp to them that they slewe saynt Thomas theyr bysshop theyr fader ne that they wolde by comon clamour comon assent haue slayne theyr owne kyng Martyrdom is worshypfull to theym that in charyte suffreth deth to theym yâ— holde with them in theyr treuthe But it is shame dyshoneste to theym that putte them to deth vnrightfully And for asmoche as the multytude of shrewes is so grete and falshede is so myghty that the treuth is ouersette borne downe true folke so martred we sholde wepe not be gladde for that we haue soo many martyrs and nyght daye crye mercy to lett wretche Yf hethen people or other nacoÌ„ns had made our martyrs than we myght reioyse vs of our martyrs but in that we haue slayn them our selfe we ought to be ashamed Caplm .lxi. DIues Sythen they be martyrs why doth god no myracle now for them as he dyde for martyrs other sayntes in the begynnynge of holy chirche ¶ Pauper
not for saluacyon of the truthe and of the people Caplm .vij. DIues Thy speche is resonable saye forth ¶ Pauper Also yf ony man or woman dye for defaute of helpe Than all that sholde haue holpe them and myght haue holpe them wyste therof and wolde not helpe theym be gylty of manslaughter And therfore sayth the lawe Pasce fame morâ—entem si non pascis occidis disâ— lxxxvi pasce That is to saye Fede hym that is in poynt to deye for hongre Yf yâ— wyll not fede hym whan thou myght thou sleest hym Moche more than they be mansleers that by extorcyon raueyne and ouerledynge by myght fraude and gyle robbe men of ther good or withholde men of ther good wherby they sholde lyue and brynge them so in thought sorowe and care and so haste her deth Therfore god sayth that suche maner folke as tyrauntes extorcyoners and false men deuoure his people as the mete of brede Deuorant plehem meam sicut escam panis And therfore he forbydeth them and sayth to theym Lysten ye prynces and lordes and leders of the people to you it longeth to knowe ryght full dome to deme what is good and what is wycked what is truthe and what is false But now ye hate good thynges and loue wyked thynges and lothe goodnesse and loue shrewednesse By vyolence and myght ye hylde men and take theyr synnes from them and take ther flesshe from the boones These ete the flesshe of my people helde awaye ther skynnes fro aboue them and breke theyr boones Mychee .iij. And so all suche be mansleers in goddes syght for they hast mannes deth by myscheef and sorowe and care that they brynge them in ¶ Diues What is vnder stande here by skynne flesshe and bones ¶ Pauper Thre thynges be nedefull to euery man and woman lynynge hylynge lyfelode and helpe of frendes in feblenes dysease By the skynne that hylleth clothe the flesshe is vnderstande clothynge housynge armure by whiche man is hyled defended fro tempestes colde and hote and enemyes many dyseases By flesshe is vnderstande mete drynke wherby the flesshe is nourysshed By the bones that bere vp the flesshe and strength the flesshe ben vnderstande mannes frendes whiche helpe hym at nede and bere him vp strength him feblenesse dysease But these tyrauÌ„tes and extorcyoners and false folke take awaye the skynne of the poore folke for they robb them of ther housynge of ther clothynge And they ete awaye ther flesshe for they take awaye ther lyuelode wherby ther flesshe sholde be susteyned For they pylle them so make them so poore that they haue neyther house ne home ne clothynge to theyr bodye ne mete ne drynke to lyue by Also they breke ther bones for they pursue ther frendes that wolde help them put them in suche drede that they dare not helpe them and ofte bete them breke ther bones and mayme them Example of this we haue in the thyrde boke of kynges where we fynde that there was a true man dwellynge besydes the paleyce of Achab that was kynge of Israell and the poore man was called Naboth And for he wolde not selle his gardeyn to the kynge at his wyll the kynge was wroth And by false dome and false wytnesse he dyd hym be stoned to deth and so by fraude manslaughter he escheted to hym the poore mannes gardeyn wherfore the kynge afterwarde was slayne And the quene Iesabell for she assented halpe to the deth of the true man and was slayne also and the houndes ete hyr flesshe and hyr bones and lycked vp hyr blood in vengeaunce of the dethe of Naboth The kynge was slayne in warre his wyfe Iesabell was cast out of hyr chambre wyndowe trode to deth with fete of horses And other two kynges of hyr alyau ce and nyghe all hyr kynrede was slayne afterwarde in vengeaunce of the deth of Naboth Achab hadde sixty sones and ten lyuynge after his deth and they were byheded in vengeaunce of the deth of Naboth .iiij. regnm .x. Caplm .viij. ALso they be gylty of manslaughter that defraude seruauntes of theyr hyre Therfore the wyse man sayth That he that taketh awaye from the seruauÌ„t his brede and his lyuelode that they haue goten in swyncke and swete is as wycked as he that sleeth his neyghbour And he that sheddeth mannes blood and he that dooth fraude to the hyred man be brethern That is to saye they be lyke in synne and worthy in lyke payne Qui effundit sanguinem et qui fraudem facit mercenario sunt tratres Ecclesiastici xxxiiij And therfore saynt Iames sayth thus to the false ryche couetouse men See ye how the hyre of your werke men and labourers that haue reped your feldes is defrauded by you and not payde cryeth to god for vengeaunce And the crye of theym is entred in to the â—eâ—es of the lordes of oostes Iabobi quinto capitulo And the wyle man sayth that who so offereth sacrefyce of the poore mannes good is lyke hym that sleeth the sone in the syght of his fader And he that defrauded the poore man of his good is a mansleer Homo sanguinis est Ecclesiastici .xxxiiij. ¶ Diues This poynt of manslaughter toucheth moche men of holy chirche For as the lawe sayth The tythes of holy chirche be trybutes of theym that be in nede To reuele theym in theyr nede And all that men of holy chirche haue it is the poore mennes goodes And theyr houses sholde be comon to all men at theyr nede They sholde be besy to resceyue pylgremys and kepe hospytalyte after theyr power xvi qÌ„.i decime et c. quam quicquid Wherfore me thynketh yf ony poore folke perysshe by ther defaute and for that that they wolde not helpe them they be gylty of manslaughter ¶ Pauper That is sothe And therfore cryste sayd thryes to saynt Peter Palce That is to saye fede my lambes and my shepe that be tho soules that cryst bought with his blood For prelates and curates of holy chirche muste fede ther sugettes by good ensamples gynynge and by helpe at nede And therfore cryste sayd twyes to saynt Peter fede my lambes but the thyrde tyme he sayd fede my shepe For as longe as they be lambes they gyue neyther mylke ne wolle but whan these be waxen shepe they gyue bothe mylke and wolle And so cryste in his wordes bad that prelates and curates of holy chirche sholde haue double cure of the poore people to fede theym goostly and also bodely with bodely helpe at nede But they be not bounde to fede the ryche folke but goostly and them that haue no nede with holy chirches goodes And of the poore folke gyue they no tale but to pylle them and haue of them and gette of theym what they may by ypocresy by fraude by drede and vyolence And therfore god vndernemeth theym by the prophete Ezechyell and sayth to theym thus Ve pastoribus israell Woo
sacrament of the aulter And for the same reson yf a man haue wedded two wyues so departeth his flesshe in dyuer s e wymen he is yrreguler vnable to the aulter And therfore not only prestes but dekenes and subdekenes in that they be astent to the preest in makynge of the sacrament muste be without suche departynge that is contrarye to the sacrament of endeles charyte of onehede bytwene god and holy chirche bytwene all good crysten people yâ— is in charyte for alle they be one come togydre in this sacrament For this reson it is not leful to men of holy chirche to shed maÌ„nes blood ne to slee ne to mayme The newe testament is a lawe of loue therfore cryste wolde that the mynystres of the auter in the newe testament that sholde mynystre the sacrament of his endeles loue of his endles mercy to mankynde that they shewe loue mercy pyte no token of cruelte The olde testament was a lawe of drede duresse and nygh all the sacrefyces that the prestes made was done with shedynge of blood not only in fygure of crystus passyon but also in token that he that synned was worthy to be slayne as the beest that was slayne that was offered for his synne And therfore the swerde was graunted to prestes and to the mynystres of the olde lawe to punysshe rebellours whan it nedeth and moche of theyr offyce was to shedde blood And so by theyr offyce they were dysposed to crueltee In soo moche that they were not afrede to flee goddes sone ther lorde ther souerayne ther god And for that prestes of the olde lawe by cruelte slough cryste god and lorde of all Therfore shedynge of blood manslaughter is forboden to prestes in the newe lawe and maketh them vnable to the aultre that shedde mannes blode or helpe therto Caplm .xviij. SHeddynge of blood in men of holy chirche is so abhomynable horryble in goddes lyght yâ— yf ony clerke dye in batayl fyghtyng or in playes of hethen men of whiche foloweth shedynge of blode deth as in playnge at the swerde bokeler at the staffe twohands werde hurlebat in tourmentes in Iustes for that clerke holy chirche shall make noo solempne masse ne solempne prayer for hym but he sholde be buryed without solempnyte of holy chirche xxiij qÌ„.viij.â—cuÌ„que clericê° And yf a man in his woodnes and rauynge slee man woman or childe though his woodnes passe yet he is yrreguler vnable to goddes aulter xv.qÌ„.i siâ—s insaniens Nethelesse yf he be prest or that caas falle hym whan his wodenes is passed be in hope of seker helthe he may saye his masse Also yf a man smyte childe man or woman by waye of chastysynge he dye of yâ— stroke he is yrreguler xv.qÌ„.i Si â—s noÌ„ iratê° et extra li. v.de homicidijs ca. pÌ„sbiteruÌ„ Also yf he be in doubte whether he dye of the stroke he shall absteyne hym from goddes aulter Extra e. ad audiencia Also yf a prest or clerke or ony man slee the theef that robbeth the chirche he is yrreguler Extra e significasti Also yf clerkes fyght ayenst sarasynes ayenst hethen men yf they slee ony man womeÌ„ or childe they be yrreguler yf they be in doubte whether they slough or nay they sholde absteyne them fro yâ— aulter Extra e.peticio Also yâ— Iuge the aduocate the accessour the offycere the wytnesse by whiche man or woman is slayn the wryter he that sayth the sentence or redeth in dome the examynacyon of the cause or wryteth the endytement or other lettres by the whiche man or woman is slayn he is yrreguler though the cause the dome be ryghtfull Ray. li.ij.ti.i Yf a man be dryuen by nede to slee man or woman yf he fledde in that nede by his owne defaute fledde not that nede whan he myght haue fledde he is full yrreguler But yf it were suche nede that he myght not flee it the nede cam not by his defaute holy chirche suffreth him in the ordres that he hath taken to mynystre therin but he shall take none hygher ordre Yf ony man slee man woman or childe casuelly and by myshappe whether his occupacyon was lefull or not lefull yf he dydde not his besynesse to flee manslaughter he is full yrreguler But yf his occupacyon were leful and he dyde his besynes to flee manslaughter though he sawe not before all chauÌ„ges that myght fall he is not yrreguler Ray. li.ij.ti.i with hym that sleeth man woman or childe wyllyngly with hande or with tonge is no dyspen s acoÌ„n IbmÌ„ Yf a man smyte a woman with childe whan the childe is quycke or poyson hyr with venym yf that childe be deed born or ellys born out of tyme dye by that poyson or by that stroke he is yrreguler But yf the childe were not quycke he is not yrreguler but he shall be punysshed by the lawe of holy chirche as a manqueller And so shall the man that gyueth venym or ony drynke or ony other thynge to let woman that she may not conceyue ne brynge forth childern And yf yâ— woman wylfully take suche drynkes or do ony mys crafte to let hyrself or ony other from berynge of childern she is a mansleer Yf many men fyghte togydre one or mo be slayne it is not knowen by whome of that coÌ„pany all that smeten or came for to slee or for to fyght all though they smeten not be mansleers And alle that came to helpe mansleers though they slough not ne had wyll to slee but come only to conforte and to helpe of the sleer and all that were on the wrong syde be yrreguler Yf man or wuman dye by defaute of the leche by his vnkunnynge mys medycyne the leche is yrreguler And therfore it is forboden men of holy chirche to gyue ony peryllous drynkes or to borne men by surgery or to kytte them for often deth or mayme tometh therof Also they mayme them selfe without a nedefull cause or be maymed by other men or by ther owne foly all yf they dyde theym gelde to be chaste so please god they be yrreguler For ther sholde no man serue at goddes aulter that had ony greate foule mayme Yf a man withdrawe hym that wolde saue a man fro deth yf he wyll not hymself saue fro the deth yf he may namely yf it longe to hym of offyce he is yrreguler Hec Ray. li.ij.ti.i Yf ony clerke bere ony wood or fyre or ony mater to the brennynge of ony heretyke yf he be deed therby or his deth hasted therby he is yrreguler though the pope or the bysshop gyue pardon to all that helpen to the deth of that heretyke In suÌ„ma confes li.ij.ti.qÌ„.xxv.quid de ill Yf a preest sende a yonge childe to water his horse though he bydde hym beware of the water and the childe by his sendynge drenche the preest is
ther wyues in ony caas holy chirche shall punysshe theym and enioyne them full harde penauÌ„ce as for mauslaughter ¶ Diues Whether is more synne a man to slee his wyfe or to slee his fader or moder ¶ Pauê‘ Bothe be greuous synnes moche ayenst kynde For the man his wyf be one flesshe and one blood And he ought as saynt Poule sayth to loue his wyfe as his owne bodye and therfore he to slee hyr ayenst kynde But yet it is more synne and more ayenst kynde to slee fader and moder for of them man hath his begynnynge his flesshe blood And also yf he slee ony of them he forfeteth openly ayenst the coÌ„mauÌ„dement of god the fourth the fyfthe For in that he vnworshyppeth ouer moche his fader and his moð falleth in cruell maÌ„slaughter therfor it is more synne to slee fader moder than to slee his wyfe as the lawe sayth in suÌ„ma â—ffessorum li. iiij ti.ix.qÌ„.x Caplm .xxiiij. DIues Sythen god byddeth that no man sholde slee vnryghtfully Why suffreth god so moche warre be in erthe so many batayles ¶ Pauê‘ For moche folke is worthy to deye wyll not stande to the lawe of peas Therfor god hath ordeyned coÌ„mauÌ„ded the lawe of yâ— swerde of cheualrye to brynge them to peas with the swerde yâ— wyll not obeye the peas by lawe of charyte and reason ¶ Diues Than it semeth yâ— men of armes may slee menlefully that wyl not obeye to the peas to goddes wyll ¶ Pauê‘ That is soth For Abraam Moyses Iosue Dauyd Iosye Machabeis many other were men of armes sloughe moche folke And yet god repreued them not but he bad them slee and halpe them in ther sleynge and in ther fyghtynge ¶ Diues I may well assent that batayll is lefull yf it be ryghtful For god is called DnÌ„s exercituuÌ„ et dnÌ„s labaoth That is to saye lorde god of oostes ¶ Pauper Thre thynges be nedeful that batayl be ryghtfull Iusta causa iustus ammus et auctoritas legittimus principis A ryghtfull cause a ryghtfull Intencyon and auctoryte of a lawfull prynce Fyrste it is nedefull that the cause be ryghtfull that they fyght only for the ryght to mayntene ryght and for saluacoÌ„n of the comonte of them that be vn gylty and wolde haue peas For as saynt Austen sayth The ende of batayll sholde be peas xxiij.qÌ„.i nolite Also ther Intencyon muste be ryghtfull that they fyght not for pryde to gete theym a name ne for no false couety s e to gete worldely good ne for no malyce for to be venged ne for no cruelte and lykynge to shedde blood For yf ther Intencyon be wycked thongh ther cause be true they synne in maÌ„slaughter And for ther wycked Intencyon god suffreth men to be ouercomen in a ryghtfull cause Also it muste be do by auctoryte of a lawfull prynce that is prynce made by comon custome or by comon lawe or by comon assent of the comonte or by comon lawfull eleccyon For thoughe a persone gadre to him rebellors ayenst his lege lordes wyll all though the rebellors make hym ther hede and her prynce they may not by his auctoryte do ryghtfull batayl But all thoughe auâ—toryte of a pryÌ„ce lawful be nedefull to ryghtfull batayll that is solempny done by mannes lawe yet in a ryghtfull cause at nede man may by lawe of kynde without auctoryte of ony prynce fyght defende hyÌ„self his goodes ayenst wycked folke for it is the lawe of kynde euery man to saue hymselfe put awaye fo rs with fo rs myght with myght LicituÌ„ est vim vt repellere So that his purpose be not to slee ne to rebell ayenst his soue rayne ne ayenst the lawe but only in truthe to saue hym his fro wycked doers Nethelesse clerkes sholde not fyght for no worldely good but they maye in case with fyghtynge smytyng defende ther owne persone ayenste clerke â—wde man And so maye the lewde man defende hymself with smytynge ayenst the clerke yâ— seketh to smyte hyÌ„ yf he may not els sekerly saue hymself yf he may sekerly saue hyÌ„self eyther by slyght eyther by shettynge of dore or of gate or ony other waye he ought to saue hymself not smyte a clerke but wysely saue them both But alwaye be he ware that his flyght be not cause of his deth And syth that the lewde man ought to flee the clerke yf he may in seker maner saue them both Moche more the clerke that sholde shewe pacyence flee shedynge of blood by his ordre ought to flee a lewde man yf he may to saue hymselfe sekerly to saue theym both Yf the sugett be in doubte whether the cause that they fyght for be true they be excused by the coÌ„mauÌ„dement of ther prynce for vertue of obedpence so that the sugettes haue no cause to mysdeme of her prynce by his comon lyuynge but yâ— they suppose that he in all his lyuynge be ruled by reason goddes lawe But yf they be seker that the cause is false they be not excused ne ought not to fyght Or els yf the prynce be man out of good gouernau ce as frentyke or braynles or els that he be in his lyuynge openly rebellynge ayest god than the people ought not to obeye to his byddynge whan he byddeth them fyght but yf they knowe sekerly that his cause be true But than they muste obeye the prynce of heuen that byddeth them slee noo man ne woman vngylty Sowdeours other knyghtes men of armes other frendes of the prynce not suget to hym by obedyence yf they fyght for him in cause that is in doubte they be not excused from dedely synne man slaughter In suÌ„ma â—fesso li.ij.i.v.qÌ„.xlv.et.xlvi Thus leue frende haue I declared to you the fyfthe byheste that byddeth you and vs all not slee And therfore leue frende all yf your persone be not able to fyght ne to slee yet I praye you that ye beware that ye assent to no maÌ„nes deth neyther byfore ne after but ye were seker that they were gylty worthy to deye For the lawe sayth that both they that done the mysdede and they that assentten therto be worthy euen payne Agentes et consencientes pari pena puniantur Iustefye ye noo mannes deth but ye knowe well the cause of his deth For I am seker that god dampneth moche manslaughter that ye other Iustefye and the dome of god shall falle that he sayd to saynt Peter He that smyteth with yâ— swerde shall perysshe with the swerde And he that robbeth shall be robbeth Ve â— predaris nonne predaberis Ysa .xxxiij. Aldaye ye maye see what vengeaunce falleth for shedynge of maÌ„nes blood euery yere more more Other necyons slee vs in euery syde robbe vs we haue lytyll spede or none but only to slee our owne nacoÌ„n Therfore be ye ware of goddes swerde
dyd For it was the lawe that who so spake euyll of god or of the kyng or cursed them he sholde be slayne Whan Iesabell had tydynges that Naboth was slayne she came to the kynge badde hym ryse vp and be mery take the vyneyerde to hym for Naboth was deed And anone the kyng rose went in to the vyneyerde toke it to hym Than at that byddynge of god Ely the prophete met with hym sayd to hym in goddes name Thou hast slayne thou hast that thou coueytest but I telle the it forsoth in the same place there that houÌ„des haue lycked vp the blood of Naboth houÌ„des shall lycke vp thy blood houÌ„des shall ete thy wyfe Iesabell and houÌ„des and bryddes shall ete thy bodye and god shall destroye thyne housholde and slee all thy kynrede and thyn alyaunce and soone after it fell so And thus of false couetyse came periurye false wytnesse murder manslaughter and destruccyon of the kyngdom We rede also in the passyon of saynt Beatryce that there was a false couetouse man whos name was Lucres And he coueyted moche yâ— place of saynt Beatryce And for couetyse to haue yâ— place he accused her to an hethen Iuge that she was a crysten woman And soo by his accusacoÌ„n she was slayne For she wolde not forsake cryste ne crystes lawe Whan she was thus deed Lucres entred in to her place to haue it in possessyon And for Ioye of the place he made therin a grete feest to his frendes And whan he was moost mery Ioconde in the myddes of the feste a yonge soukynge childe that was there in his moders arme sayd all alowde that all men myght here it Audilu â—eci Here now Lucres Thou hast sâ—â—ne thou haste entred falsely in to this place and haste it at thy wyll But now thou art gyuen in to the myght in to possessyon of thy moost m 〈◊〉 And anone in tyme of the feest â—â—fore all his frendes and his gestâ—â—â—â— fende entred within hym thre houres togydre so fortrauayled hym soo rent hym byfore them all tyll he slewe hym for his false couety s e bare his soule to helle Here thou myght see what peryll it is to purchace ony thynge amys by false couetyse And therfor yf thou haue purchaced ony thynge falsely or yf thou occupye ony thynge mys purchaced loke that thou make restytucoÌ„n for saluacyon of thy selfe and of thyne heres For it is a comon prouerbe De male quesitis vix gaudet tercius heres Of euyl goten good the thyrde heyre vnneth hath Ioye Caplm .iij. DIues Yf I hadde ought purchaced a mys my selfe I holde me bounden to restytucyon but of my former faders purchace haue I nought to doo whether it were ryghtfull or not ryghtfull But that they lefte to me I wyll kepe it as the good man Naboth dyde of whom thou spake full late ¶ ê“auper Naboth wolde haue kepte uylle his faders herytage that longeth to hym by ryght and by dyscente of herytage But yf thou kepe ony thynge wyttyngly that thy former faders purcha s ed falsely in that yâ— kepest not thy faders herytage as Naboth dyde but thou kepest other mennes herytage to whiche neyther yâ— ne thy fader had ryght And therfore but thou make restytucyon thou shalt rewe it and all thyne heyres as Achab dyd and his heyres whiche loste not onely yâ— they had mysgoten of Naboth by murder by gyle but therto they loste theyr lyfe theyr worshyp and theyr herytage for euer I rede that ther was a grete man whiche dyd moche almesse for his almesse god wolde haue hyÌ„ saued It byfell in an euenynge he romed allone vnder his wood syde by his place ther cam an angel in a maÌ„nes lykenesse bad hym go with hym Sodaynly they were togydre in a depe valey in the myddes of the valey was a depe pytt ful of fyre smoderynge medled with pytche brymstone full foule stynkynge Than the angell badde this man loke in to this pytt He loked downe there he sawe thre galowes standynge in the fyre On the ferthest henge a man by the tonge on the seconde henge a man by the hondes but on the thyrde henge no man Than the angell axed hym what he sawe and he tolde hym all the soth Than sayd the angell He yâ— hangeth by the tonge yâ— is thy faders fader whiche purchased the place that thou dwellest in by gyle of his tonge by false othes by lesynges by periurye by false wytnesses and dyd many a men forswere them and therfore is he pryncypally punysshed in his tonge and hangeth by his tonge in this horryble fyre and shall doo without ende for he wolde not make restytucyon He that hangeth on the seconde galowes by the hondes is thy fader whiche kepte stylle by myghty honde that his fader amys purchased and wolde not make restytucyon The thyrde galowe in whiche hangeth no man ben ordeyned for the but yf thou amende the and make restytucyon Anone the aungell passeth awaye from hym and he was delyuered ayen vnder his wood syde The next daye after he sente after the heyres of the place and made restytucyon His wyfe and his childern were full sory and sayd vnto hym Allas allas now ben we all beggers Than he answered and sayd Leuer I haue that we begge in this worlde than for to brynge you all and me in to that endelesse payne that I sawe And better it is to vs for to lese a place in erthe to whiche we haue no ryght than to lese our place in heuen blysse without ende ¶ Diues I assente well to thy speche saye forth what thou wylt Caplm .iiij. PAuper Many harde vengeauÌ„ces haue fallen for false couety s e. Giezi was smyten with foule myselrye For couetyse made hym to selle the helthe of Naman whiche helthe came only by the grace of god .iiij. ReguÌ„ .v. For couetyse Iudas solde Cryste goddes sone for thrytty pens and betrayed hym and after he went henge hymselfe tylle his bely brast And there his bely brast there the deuyll that was in hym flewe out and bare his soule with hym to helle ¶ Diues Why went not the fende out of his mouth ¶ Pauper For his mouth hadde touched crystes mouth whan he kyssed cryste in gyle and sayd Hayle mayster ¶ Diues Thy reason is good saye forth what thou wylt ¶ Pauper Also for couetyse Ananya dnd Saphyra his wyfe dyed sodayne deth despytouse deth for they lyed to yâ— holy goost forsoke theyr moneye to saynt Peter For couetyse Nachor was stoned to deth for he stalle golde clothe ayenst goddes forbode Iosue .vij. We fynde in the lyfe of saynt Barlaam that on a tyme an archor toke an nyghtyngale wolde haue slayne it God gaue speche to the nyghtyngale whiche sayd to the archer what shall it profyte to the to slee me Thou mayst not fylle thy wombe with me I