Here endith a compendiouse treetise dyalogue. of Diues [and] paup[er]. that is to say. the riche [and] the pore fructuously tretyng vpon the x. co[m]man̄mentes ...

The xvii. chapter.

DIues.

Whether is {per}iurye. more synne or manslau∣ghter.

Pau{per}.

Periury is more. For as saith seynt poule Ad he∣breos vi.c. Men shuld swere by their better and their greter / and of euery contrauersye / that is to say. of euery cause that is in de∣bate to conferme the true party. the laste ende is an othe For eue¦ry suche cause is termyned & en∣dyd by an othe And sithē it is so y^t the cause of manslaughter and of euery open synne touchynge mannys dome muste be termy∣ned by an othe / {per}iurye muste be taken for a passynge synne and so it is. For who so forswerythe him wyttyngly he forsakith his god And therfore {per}iury is grea∣tyst syn of al synnes next ydola¦trye For it is ayenst the secoūde cōmaūdemēt / & īmediate ayēst god / & dispite & forsaking of god But manslaughter is īmediate ayenst mā And though man w^t manslaughter greuyth god full highly / yit he forsakith nat god ne dispiseth hī / ne dishonoureth him so moche as he doth by {per}iu∣rye. And as the phisopher sayth. In principio metaphisice. Amō¦ges hethen mē othe hath euir be worshipful For euery sect. iewe sarsyn. paynym. fleeth to swere falslye by his goddes name / as moste incouenient And if man∣slaughter were more syn than {per}∣iurye / it were but a folye to trye the cause of manslaughter by a∣ny oth For it is semely y^t he that was nat aferide to do the greate synne of manslaughter / shuld li¦tel drede to forfete ī the syn of {per}∣iury if it were lesse And thus saiy seint thomas in qōe. de quolibet & Io ī sū. li.i. ti. q̄. xxiiii vt{rum}.

Diues32.

If alle men chargyd {per}∣iury and fals othes as thou dost many man hadde ben hangyd & drawen and slayne in otherwise y^t yit lyue and farewele It is ful harde so lightly to sle a man w^t a worde / whanne his lyf may be saued with a worde For a man costith ful moche or he come to be a man

Pauper.

Therfore men shulde bisily fle {per}iurye and

false othes For ther is no thinge that causith so moche manslau¦ghter and shedynge of blode / as dothe {per}iury.

Diues.

Shewe me that I pray the if thou can.

Pau{per}.

Salamon saith Eccle. x^o.c. The kyngdome is flyttyd and chaungyd fro nacion to na¦cion. for wronges. vnrightful∣nes and despites done to goddes name in dyuerse gyles But {per}iu∣rye is cause of alle false domes & wronges / and of alle vnrighte∣fulnesse / cause of gyle and trea∣sone / & of greate dispites / y^t been done to god and man For as I saide firste euery cause muste be endyd by wytnesses or by ques∣tes / whiche been sworne to saye treuthe / and also by a iuge whi∣che is sworne to god. and to the kinge to deme rightful doome. And if they that ben chargyd to say the treuthe yeue noo tale to forswere theym. and to lye / they shal disceyue the iuge / and doo him yeue a false dome Suche {per}∣iurers robbe men of their gode / & disherite moche folke They sa∣ue stronge theues / and slee true men Suche robbe folke of their gode name. such ben fals to god to the kynge / to prelates of holy churche. Suche been cause that this lōde is in poynte to be loste & to be chaūged to a nother naci¦on & īto a newe tūge And y^t may nat be withoute shedynge of mo¦che bloode and manslaughtere. And soo periurye is cause of mo¦che manslaughter. Al∣so {per}iurye is cause why we haue so many theues & māquellers in this londe For they hope alway to be saued by {per}iurye and falshe¦de of questmongers / y^t for lytelle gode wole forswere them. And therfore ī hope of {per}iury they ben so bolde in their synne / to robbe sle. & brenne / for though they be¦takē yit they hope to scape by {per}∣iurye And if they were siker that ther wolde no man ne womā for¦swere hī to saue them / they wold neuir be so bolde to synne And al other shulde be the more aferyde to synne / if they wyste wel that true dome shuld passe withoutē {per}iurye. Suche synful wretches as saith the {pro}phete ysaie xxiii.c haue put their hope al in lesīges & in {per}iury / & by lesinges falshede & {per}iurye / they been mayntened. & nat chastised Also it is syn alle ayenst kynde to saue a theef ī di¦spyte of god / whose name they forswere ayenst his cōmaūdmēt For he byddeth that ther shulde no man take his name in veyne Also he saith Non suscipies vo∣cem mendacii / nec iūges manū vt {pro} impio dicas fal••ū testimo∣niū. Exodi xxiii. Thou shalte nat take the voyce of lesynges.

ne ioyne thyne hōde in making of couenaunte to bere false wyt∣nes for the wyckyd man to saue him. Malificos nō pacieris vi∣uere. Exodi xxii. Thou shalte nat suffre wytches & open male∣factoures and felones lyue / but sle theim in chastisynge of other Sle one and saue many one. Also this is a syn al ayēst kynd and ouir grete foly / a man to sle his owne soule withouten ende to saue a theef that neuir wolde wayte him gode turne / but redy to robbe him & parauēture to sle him whan he may A grete folye to offende god by {per}iurye to plese a theef a māqueller / that offen∣dith god and alle the cuntre Su¦che been lyke the iewes y^t sauyde barraban the stronge theef & mā¦queller: & slewe swete ihesu soue¦rayne treuth y^t neuir dyd amys. And as holy doctoures say a mā shulde rather suffre the moste dis¦pito{us} deth of body than he shuld forswere hī or do any dedly syn. Moche more he shulde nat for∣swere him ne do no dedly synne. to saue a theues lyf / that god. & londes lawe cōmannde to sle. ¶It felle late in this londe that a Scott appelyd an englisshmā of high tresone / whāne he shuld fighte bifore a iuge in their cau∣se / the iuge as the maner is putt them bothe to their othe. Whāne the scotte shulde swere he said to the iuge. Lorde I came nat hy∣der to swere I came to fight. for my chalenge was to fight / and therto I am redy / but swere wol I nat / for I made no chalenge to swere The iuge saide y^t but if he wolde swere. that his appele was true / elles he shulde be ta∣ken as a cōuycte & a taynt tray∣toure / and be hangyd & drawen withoute fightynge And soo he was / for he wolde nat swere wit¦tynge wele that his appele was false / and made only for malice as he knowlechyd er he dyed. This man might haue sworne. and happely haue hadde the bet¦ter of his aduersary and escapid the dethe. With worshyp in this worlde But yit he had leuyr dye dispitefully / thanne do dispyte to goddes name / to swere falsly therby / and leuir to dye bodilye. than to do that {per}iurye to god. & sle his owne soule. For he helde it as it is a greter synne thā mā∣slaughter And though he wolde auēge him on man for rancour of herte / yit on god he wold nat venge him by {per}iurye. And soo god saued them both fro {per}iury & māslaughter & yaue them grace to dye ī charite / & do a seeth both to god and man.