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 vi. chaptre.

DIues.

In howe many ca¦ses is it lefulle to swere.

Pauper.

In vii. cases clerkes and leude folke may swere leful¦ly Firste for to saue man or wo¦man from harme of his body. & & fro lesynge of his gode / whāne the treuthe may none otherwise be preuyd Also for confirmaciō of peas Also to kepe feith and treuthe amonges mankynde. Also for to kepe obedience. and ordinal subiection of the subget¦tes to their soueraynes. Also for to saue fredome of holy churche Also for purgation and saluaci∣on of mannys name. and of his fame Also for assoylynge from a

curse Extra li^o i^• de elect. signi∣ficasti And ī euery othe mē must haue thre thinges. Whiche been treuthe dome and rightwysnes. as saith the {pro}phete ieremy iiii.c. For who so shal swere he muste haue treuthe in his conscience / y^t he wote wele he swerith treuthe. For if he be nat syker / but only wenyth to be syker. he shal nat swere y^t it is soo / but that he we∣nyth that it is so as he sayth Al∣so he must haue with him dome that is a gode and a discrete auy¦sement or he swere / that he swer̄ nat but treuthe. And for ne∣de. that he to whome he sweryth wole nat elles bibeue him ī thīg of charge that is proufitable to be bileuyd but he swere. Also he must haue rightwysnes / that y^e thinge that he swerith for / & the maner of sweryng be rightful ho¦nest & leful. Extra li^o ii. de iure iurando Et si xp̄s.

Diues.

I wolde fayne fle suche othes / but as I saide firste. men wole nat leue me but I swere.

Pauper.

If it be a treuthe of charge right {pro}fitable to be leuyd & men woll nat leue the for thy simple word thanne it is leful to the to swere as I haue saide. But if it be a thinge of no charge ne nedefulle swere thou nat For if thou vse the to swere comōly for a thyng of nought / thou sinest greuously & makest other of wanbileue / y^t they shulde no more leue the for thyne othe than they do withou¦ten othe / And wyse men wol the lesse leue the for thyn othes For comonly grete swerers and vsāt swerers been fulle false.

Diues.

Why so.

Pauper.

For in y^t they take goddes name so in veyne. they ben false to god in their swe¦rynge And sithen they been fals to god in their sweryng / they ye¦ue lytel tale to be fals to man or woman in their swerynge / or to begile them with othes And ther¦fore if thou wylt y^e men leue the. by yhe. or nay. vse the to speke truly discretely & flee othes And so worship goddes name. and be true to god in biyng and selling in speche and in lyuynge And than men shulde leue the redily. Withouten any othe. Do so and speke so that men may holde the a trewe man And than men shal leue the by yhe & naye. better thā other with their greter othes. And if thou be variynge and vn¦trusti in thy worde and in thy de¦de / men wole neither bileue the by othe ne withouten othe.

Diues.

Therfore sūme saye y^e cryste forbad al maner sweryng whāne he saide in his gospel. Ego autē dico vobis nō iurare oīno M^t v.c. I say to you y^t ye swere ī no maner.

Pau{per}

That

is nat y^e englisse of cristes word But this is the englisshe. I saye to you that ye swere nat ī euery maner / that is to saye for euerye cause nat light lyne custumably Also he badde by tho wordes. y^t men shulde nat swere by creatu∣res / as for wytnes / neither by he¦uyn for it is goddes trone Ne by erthe. for it is the stole vnder his fete Ne by ierlm̄. for it is the cite of the grete kynge. Ne by thyne hede / for thou mighte nat make one of thyn herys whyte ne blak Let your worde be yhe yhe. nay nay. M^t v.c.

Diues.

Must we than say twyes yhe. & twies nay

Pauper

That thou muste if thou wylt be true. For the same yhe y^t thou sayst with thy mouth thou muste say it with thyn hert And y^e same nay that thou saist with thy mouth. thou muste say it with thyn hert For thy mouth and thyne herte must accorde to¦gydder For if thou say yhe with thy mouthe. and nay with thyn herte / thou art fals & dost ayenst cristes lore.

Diues.

yit Contra te Seynt Iames saith Ante oīa frēs mei nolite iurare. &c. Iaco∣bi v.c. Bifore al thinges my le∣ue brethern / wole ye nat swere. neither by heuyn ne by erthe. ne by any other othe / wherby it se∣myth y^t it is nat leful to swere.

Pauper.

Seynt Iames forfē¦dith vs nat vtterly for to swere. But he byddeth that men shuld nat be in wyll to swere any othe for men shulde nat but for nede

Diues.

yit Contra te Crist byd¦deth in the gospel M^t v.c. That our worde shuld be yhe yhe / nay nay Quod autem his habun¦dancius est / a malo est. For what is more than this in spech it is of euyl. Wherby it semythe that if men say more than ye. or nay by othes swerynge / they do amys

Pauper.

Crist saide nat y^t it was euyl to saye more than yhe or nay / or to swere whan itt nedith But he saide it is of euyl that men swere & say more than yhe or nay For it cometh of wā∣byleue of him that wole nat lee∣ue his euyn cristen / but he swere Also it cūmyth of falshode of y^e peple / y^e moche folke is so false. y^e vnnethes men may leue theim withoutē oth or by othe

Diues

Where fyndest thou y^t god badde mē swere / or that it is lefull for to sweere.

Pauper.

In the gos¦pel that thou allegist ayenst me M^t v.c. Where crist saith thus. Reddes dn̄o iuramenta tua. Thou shalt yeld to thy lord god thyn othes That is to say thou shalt swere by him & by none o∣ther / & therfore he saith. deut. vi Thou shalt drede thy lord god & serue hī alon̄ & swer̄ by his name