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 ...

Here endith the firste pcepte. and begynneth the secounde precept. (Book 2)

The firste chapter

DIues.

I pray the en¦fourme me noweī y^e secoūde {con}maūdmēt.

Pauper.

What doute haste thou therin

Diues.

In the secounde maundemente god byddeth that we shulde nat take his name ī veyne For who so dothe shalbe gilty & nat passe vnpunysshed

Pauper.

In thre maners goddes name is taken ī veyne. That is by myslyuyng. by mys speche / & by mysheringe Firste by myslyuyng / for whan man or woman is cristned. ther̄ he forsaketh the feende and alle his werkes and his lordshyppe. Whan his god fader and his god moder aunswere for him sayng. Abrenuncio. that is to say I for¦sake And there he knyttyth him to criste. & makith couenaunte with him to be his true seruaūte withouten ende And there he ta¦kethe the name of Cryste vpon him and bicometh cristen For al cristen people is named aft{er} cryst and he is oure principal godfa∣der For cristen cūmyth of criste. and so alle cristen people bere y^e name of criste vpon theim. And so in asmoche as we been clepyd cristē and goddes peple. in that we bere the name of god vpon. vs. And therfore sayth the pro∣phete / Tu in nobis es dn̄e et no∣mē sanctū tuum inuocatum est super nos: ne derelīquas nos do¦mine deus nt. Ieremye xiiii.c. Lorde sayth he thou arte amon∣ges vs / as a lorde amonges his seruantes / and thyn holy name is clepyd vpon vs / lord our god forsake vs nat But if it be so. y^t we lyue natt after oure name / y^t we haue taken of cryste ne lyue nat as cristen men ne as goddes seruauntes / but forsake hym & turne ayen to the feende and ly∣ue nat as cristen folke / but as ie¦wys sarsyn or paynym / or elles worse. than take we goddes na¦me in veyne. for our name and oure lyf accordeth nat. And as seynt poule sayth / wyc∣ked cristen folke with their wyc¦ked dedys and their wycked ly∣uyng forsake god And therfore alle wyckid lyuers and namely ypocrites that bere the name of holynesse and of cristes seruaun¦tes. & w^t y^t they be y^t feēdes seruā¦tes / they take goddes name in

veyne / and do greate dispyte to goddes name And therfore crist saith to suche wycked cristen pe¦ple. Per vos tota die nomē meū blasphemar̄ in gētib{us}. ysaie lii c. Et ad Ro. ii: c. My name is dis¦pised by you all day amonge o∣ther naciones or hethen men. For by the wycked lyuynge of cristē peple y^e name of crist is sha¦myd And therfore we say in oure prayer. Sanctificetur nomē tu¦um. Halowyd & worshipyd be thy name. That is to say graūt vs grace no thing to do / ne wyl. ne to speke y^t / wherby thy name shulde be vnworshipyde or sha∣myd in vs.

The secounde chapter

ALso goddes name is take in veyne by mys speche / & that in many wyse Firste by na∣mynge of goddes name ī veyne tales tellynge / in iapery ī scorne For in suche vanyte goddes na¦me shulde nat be namyd.

Diues.

Telle sūme example

Pauper.

As if one sayde to the in scorne whanne he is wroth w^t the / god make the a gode man. And sūme say of a nother ī scorn that god hathe forsaken him / & iapers and disoures comōly na∣me goddes name ī veyne in this maner / though they swere none othe. And al suche take goddes name in ydelship / that teche any erroures or herisies ayenst faith and ayenst god / or preche or te∣che the treuthe only for couetyse or for enuye / or for vayne glory and nat for helth of mānys soul ne for worship of god And ther∣fore the {pro}phete saith thus. Peccatori autem dixit de{us} / qua re tu enarras iusticias meas: et assumis testamentum meum {per} os tuū. God sayde to the syn∣ful man / why tellyst thou my ri∣ghtfulnesses / and takyst my tes¦tamēt & my law by thy mouth & so ofte namyst my name. For al¦tho that teche wele & speke wele. and wole nat doo therafter: they take goddes name in veyne Al∣so goddes name is takē ī veyne by cursyng & weriyng / as whan men or wymen in wrath or elles in nyce myrthe saye to a nother. god yeue the myschaūce / god ye¦ue the euyl grace / euyl deth Al∣so it is taken in veyne oft tyme. by vowes makynge / and that ī dyuerse maner / Firste if mā ma¦ke any vowes to any creature. For vowes makynge is a dyuy¦ne worship that owyth to be do only to god and to no creature.

And therfore the prophete saith. Vouete & reddite dn̄o deo vestro Make ye youre vowes to oure lorde god / and yeldith theym to hun. Also it is taken in veyne whanne folire kepe nat their vo¦wes that been lefulle: but breke them retchesly / or by freyltie w^t¦outen nede & withouten auctori¦tie. of their soueraynes / whiche haue power to dispēse with hem or chaunge their vowes. Also if men make vowes vnlefulle. ayenst charite. & to do any thing ayenst goddes lawe As if thou madest a vowe to sle thyn euyn cristen / or y^t thou shuldest neuyr do gode to pore men / for parauē¦ture sūme pore man hath aggre¦ued the. Also whāne men make vowes vnwisely lightly w^toute auysement and by comon custu¦me of speche.

The .iii. chaptre

DIues.

And suche vowes ben made these dayes ful many For with moche folke be they ones spoken. they been noo more thought on. For they be so comon in theire mouthe.

Pauper.

Therfore they synne ful greuously / so takinge goddes name in veyne For ther shulde no vowe be made but for a thynge of charite / and with a gode auysement. ¶We fynde in holy wrytte Iudicum xi.c. that ther was a leder & a iuge of goddes peple / whos name was Iept And whanne he shulde go to fight ayenst goddes enemyes the folke of amon / he made his vowe to god that if he yaue him the vitorye of his enemyes whā he came home ayen what lyuīg thing he mette first of his house / holde in his cūmynge hoome / he shulde sle it / & offre it vp to god ī sacrifice After this as god wold he hadde the maistree and came home with grete worship / whan his doughter herde these tidyn∣ges she was full glade and toke her tymber in her hōde and came in grete haste first of al the hous¦holde daunsynge pleynge & syn¦gynge ayēst her fader for to wel¦come him home. Whanne iept. sawe his doughter so cūmynge. ayenst him he bithoughte him of his a vowe and wexte ful sorye for he hadde no childe but her / & he louyd her fulle moche Alas doughter / allas sayde he. Whatt haste thou doone / why cūmyste thou so sone ayenst me. I haue openyd my mouthe to god. and made a vowe ayenste the / for I muste by my vowe slee the / and

offre the vp into sacrifice to god But the womā his doughter yit clene mayden was soo glade of goddes worship / and of her fad{er}s worship / and that goddes enmy¦es were so slayne / that she made lytel sorowe or none for her deth and saide to her fader Iept Sith thou haste made suche a vowe & god hath sent the victory of his enemyes / fulfyl thy vowe. For I take the deth gladely. But I praye the of one boone or I dye Let me go with other maydens my pleyferes and morne and be¦wayle my maydenhode amōge the hylles and the mounteynes .ii. monethes / For it was that ty¦me repreef to a womā to dye w^t¦outen issue of her body And iept grauntyd her bone After ii. mo∣nethes. she came ayen to her fa∣der iepte / and mekely suffryd y^e deth for goddes sake and for the loue of her fader And thus leeue frende that womans deth which was clene maiden betokneth cri¦stes passion For right as she to∣ke the deth wylfully for saluaci¦on of goddes folke / and distruc∣tion of goddes enemyes / Soo criste clene mayden y^e neuir was defouled with synne: and neuyr dyd amys. Wylfully suffryde bit¦ter deth for saluacion of alle mā¦kynde and distruction of the feē¦des power.

Diues.

Was nat his vowe lefulle.

Pauper.

It was nat lefulle For by his vowe if he hadde firste mette with a cat or an hounde cūmynge ayenst him he shulde haue made sacrifice to god therof / which sacrifice shuld haue ben abhominacion to god for neither was able to be offred in sacrifice. And for asmoche as he made his vowe so vnwysely. god suffryd him to falle īto y^t mis¦cheyf to sle an īnocēte his owne doughter ayenste goddes lawe. For god saith Innocētē et iustū non occides. Thou shalte natt sle the innocent / ne the rightfull man ne woman And soo by his vowe so folily made / he dyd ful greuous dedly synne. and forfet¦tyd ful highly ayēst goddes law And therfore saith the master of the stories and Iosephus alsoo that he was a foole in his vowe makyng and wycked / and ouir done cruel in the fulfillynge. And therfore saith y^e grete clerk ysodorus. in synonimis. li.ii. Et xxii. q̄. iiii. In malis {pro}mis∣sis rescinde fidem / in turpi voto muta decretum / quod īcaute no uistine facias / impia ē {pro}missio. que scelere adimpletur. In wycked hestes kytte awaye feyth that is to say / fulfylle noo wyckyd biheestes / kepe no faith

to do amys For in shrewyd bihe¦stes it is betr̄ to be holdē fals thā true For who so fulfilleth them is fals to god In the vowe saith y^t he is foule and vnlefulle chaū¦ge thy dome / and that that thou haste nat wisely auowyd doo it nat For it is a wycked biheste y^t is fulfilled & done with synne.

The iiii. chaptre

DIues.

I assent / say forth I pray the.

Pauper.

Al∣so goddes name is take ī veyne by blasphemye and spiteful spe¦che of god / as whan men grutch ayenst goddes domes in seknes tribulacion and disease / and sey that god is vnrightful and cruel or grutche ayenste his mercy.

Whanne they may natt haue vengeaūce of their aduersaries. as they wolde haue / & saye that god is to pacient and to mercy a¦ble And they also that fal in wā hope / and say that god wol nat foryeue theym their synne. And they also that presume to moche of goddes mercy / and wole nat amende theym / for they say that god wole foryeue it them at the firste worde. Also sūme saye that god slepith whanne he hel∣pith theim nat as they wolde. Alle that speke thus or saye any other thing of god. that is ayēst his worship and his godhode / ta¦ke goddes name ī veyne by blas¦phemy. Also goddes name is ta¦ken amys and in veyne by mys speche of othes swerynge For who so wole lightly swere for a thynge of nought or of no char∣ge / or custumably or falsly wyt¦tyng wele that he sweryth false. or dispitously / or disseyuablye. or swerith any creature / or vseth any nyce othes / or vnleful othes alle these take goddes name in veyne. For ther owith noo man ne woman swere but for a treuthe of charge / and whāne it nedith to swere to witnes of treu¦the. And whanne a man shalle swere he shal swere by his god / & by no creature.

Diues.

Moche folke is so brought in custume. of swering that vnneth they can speke thre wordes to gidder but they suere by god or by some cre¦ature / or some grete or nyce othe

Pau{per}.

As I saide bifore wyc∣kid custume excuseth nat synne but accuseth and aggregith syn And therfore it is to drede y^t they swere so custumably & so lightly y^t they syn dedly swere they sothe swere they false And therfore sa∣lomon saith Iuracioni ne assues cas os tuū. &c. Ecclesi. xxiii.c. Lete nat thy mouthe saith he be vsed to swering / for many harde happes & fallinges been in such

swerynge And name nat to ofte saith he goddes name wyth thy mouthe in swerynge / ne be natt vsaunt in sweryng to medle the with seyntes names For if thou do thou shalt nat be clere of foly swerynge / ne clere of synne For what man saith he swerith mo∣che / he shalbe fylled with synne. and shreudenesse / and tribulatiō and disease shal nat passe fro hī & his housholde. For god saith y^t who so taketh his name in vey∣ne. he shalle nat passe vnpunys¦shyd Suche swerynge and dispi¦syng of goddes name is so orry∣ble a synne in goddes sight / that as salomon saith in the same bo¦ke the xxvii.c. Whan that men herde suche swerynge. the here of the hede shulde aryse for drede / & they shuld stoppe their erys and nat here suche irreuerēce and dis¦pyte of goddes name. Loque∣la multū iurās horripilationem capiti statuit / et irreuerencia il∣lius obturatio aurium.

The v. chapter.

DIues.

Folke these dayes in iii. maners excuse hem of swerynge. Sūme saye y^t they swere soo ofte for the loue y^t they haue to god to haue hym ofte in mynde Sūme say why may nat I swere for I swere soth Sū¦me say but I swere ther wol no man leeue me

Pauper.

These been noo excusationes / but gre∣uous accusacions & aggregyng of syn. For as for the first poynt it is fals For suche fals swerers loue nat their god / for they kepe nat his cōmaundemente And they haue him ful lytel in mynd & swere many an horrible othe in vanytie & shrewydnesse bicause of mys vse / whāne they thynke nat of god And therfore that ex¦cusation is an open scorne / and high blasphemye to god For if thy seruaunte had done a thyng that thou haddest forboden him the ofter that he dyd it the worse thou woldest be payed. And if he scornyd the and sayde y^t he did it for thy loue to haue y^t in mynde / thou woldest holde it a ful grete scorne / & be moch the more offendyd with him / name∣ly if thou were his liege lord and his kynge Mochmore than god y^t is lorde & king of al thinges is offēdyd w^t them y^t so swere ayēst his forbode / and excuse them so scornefully saynge that they do it for to haue god in mynde And therfore is for to drede that they shalbe put oute of mynde from among goddes chosen For crist pleyneth hym of suche folke to

his fader in heuene / & saith thus Qm̄ quē tu {per}cussisti {per}secuti sūt: et su{per} dolorē vulnerū meorū ad diderūt. Fader in heuene saith he for asmoche as these wycked swerers / haue pursued with their wyckyd tonges. hym that thou smytest & sendyst to suffre dethe for saluacion of mankynd / and putte newe sorowe aboue the so¦rowe and y^e bytter peynes of my woundes / that I suffryd for her synne and their sake / therfore fa¦der putte thou synne to synne. That is to saye. lette theym fal fro synne to synne / and let them nat entre into thy rightwysnesse for to be sauyd Put theym oute of the boke of lyf / from amonge them that shalbe in blysse with∣outen ende Lete theym nat be writen with the rightwyse folke that shalbe saued These ben cry¦stes wordes plenyng hym to the fader in heuen of suche foul swe¦rers. p̄o. lxviii.

Diues.

It se¦myth herby that suche swerynge is fulle orrible synne and ful pe¦rilous. But what sayst thou of the secunde excusation.

Pau{per}.

We ben boūde neuyr to lye. and no thynge say but sothe Nathe∣lesse we ben nat boūde to say al the sothes / ne we owe nat to swe¦re for eurry sothe / that we speke For as saith seynt Thomas. de¦veritate theologie. Bothe he y^t forswerith him ayenst the treuth and he that swerith w^t the treuth withoutē grete cause bothe they take goddes name ī veyne For he that forswerith him wytingly he nameth souerayn treuth / and that is god and dispiseth it And he that sweryth withouten grete cause takith his name ī ydelship For he swerith withouten gode cause / and whan him nedith nat And so bothe lytel or nought set by goddes name / and so they ta¦ke it in veyne

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

The vii. chapter.

DIues.

Why forbidith crist men to swere by creatur̄s

Pauper.

Ther is ii maner of swerynge. One is a takynge of wytnesse of thynge. that a man sweryth by / and so it is nat leful for to swere by any creatur̄ For seynt poule saith. Hoīes {per} maio¦rē suū iurant. ad hebre. vi. Mē swere saith he by their more / y^t is to say by him that is more of cre¦dence and of reuerēce than they been theim self But only god is more in dignitye and more in or¦der of kynde than man. for he is both god and man And therfore he wole that we take in swerīg no wytnesse but only of him / for he is souerayne treuthe And ther¦fore suche maner swerynge is a diuyne worship that longith on¦ly to god and to no creature For god wole that whāne men may haue no wytnesse of treuthe yat is nedefulle and profitable to be bileuyd / y^t they take him to wyt¦nesse and swere by hym as by so¦uerayne treuthe and by no crea∣ture For suche maner swerynge is a diuyne worship that lōgith to god & to no creature. As saith the glose M^t v.c. sup illud. Nō piurabis. And as austyne saith. ī the same place / who so swerith by any creat{ur}e / he swerith by god y^t made that creature And therfo¦re criste bad. y^t men shulde swere by no creatures. For if they doo lightly they falle in double syn. bothe in ydolatrye and in {per}iury. Firste in ydolatrye. for the wor∣ship y^t longith only to god. they do it to creatures Also they falle ofte so in {per}iurye. For men drede lesse to lye and to forswere them whanne they swere by creatures than whanne they swere by god allone.

The viii. chaptre.

ANother maner swerynge is by execration and imp̄¦cation / that is whanne man or woman in his sweryng prayeth openly or priuely ayenst hī self. or ayenst any thinge that he lo∣uyth / or any other thinge but it be as he saith. And th{us} sūme mā sweryth by his hede / sūme man by his thedame For as seynt au¦styn sayth / he that sweryth so he byndeth him self & leith his hede & his thedame / in plegge to god. and prayeth to god that he leese his hede and his thedame. & ne∣uyr thryue but it be as he saithe. or but he do as he saith or hotith Sūme swere by theire soule / by their chaffare & by al the gode y^t they haue / and so bynde them to lese their soul / their chaffare & al their gode. and bynde their soul to the fyre of helle withoutē ēde but it be as they say.

Sūme swere by faders soul and moders. and so asmoche as they may they bynd their faders soul and moders to the peyn of helle withouten end / but it be as they say / or but they do as they hoten Sūme in their swerynge praye openly ayenst themself / as whā they say so helpe me god. There they forsake the help of god but it be as they say Sūme say elles the deuyl brenne me / god gyue me elles myschaunce / and suche other. And of this maner swerīg is that solemne othe that mē ma¦ke ī dome & oute of dome / whan men say. so helpe me god at the holy dome / or elles soo helpe me god and the holy dome. In this othe mē forsake y^e helpe of god and of oure lady / and of alle the cumpany of heuyn at the day of dome / but it be so as they saye And ouir that if they swere fals. they clepe god to wytnesse. of a thynge that is false. and sayen that god whose name is treuthe beryth them wytnesse of a thing that is fals And so they lye on god and do him greate velonye. for he was neuir fals wytnesse. ne neuyr shalbe For he is soue∣rayne treuth that nat disseyueth ne may nat be disseyued. And that shal these fals iurours fele at y^e day of dome / but they amē¦de them.

Diues.

Why ley men their honde on the boke whanne they shulde swere bifore a iuge.

Pauper.

For that men shulde charge their othe the more. For whanne he leith his honde on y^e boke. he forsaketh alle the feith of holy churche / and alle the ho∣ly prayers writē in the boke. but it be as he sayth Also he forsa¦keth alle the ioyes of heuyn wri¦ten ī the boke / and byndeth him to alle the peynes wryten in the boke / but if it be as he sayth. And ī that he leyth his honde on the boke in his swerynge / he for¦sakith alle the gode dedys that euyr he dyd or euyr shal do / but it be sothe that he swerith For in holy wrytt by the hondes ben vnderstonde werkes And in y^t he sweryth so with his mouthe. & kysseth the boke. he forsakith alle holy prayers and gode wor¦des that euyr he spake with his mouth / or euyr shalle speke but if it be as he saith / & but he swere sothe. And if he forswere him with his mouthe / he maketh it vnable to resceyue the holy sa∣cramēt of the auter / that is crist him self souerayne treuthe / vn∣der fourme of brede.

The ix. chapter.

DIues.

What saist thou of theym that thoughe they swere sothe / yitt in sligh wordes they disseyue their euyn cristen whiche vnderstond theym nat.

Pauper.

Suche be forsworne. For in ii. maners a man may be forsworne in swe∣rynge soth. First if he swere soth in gilous wordes and slighe for to begile his euyn cristen For as saithe. Isodorus xxii. q̄. quinta. quacū{que}. What crafte or slighte euir thou vsest in thy speche and in thyne othes to disseyue thyne euyn cristen / god that knowyth thy thought and thy conscience. takith it nat as you menyst / but as he vnderstondeth it / to whom thou sweryst so in disseyte. And as he saith thou dost double syn so swerynge For bothe thou ta∣kest goddes name in veyne / and also thou disseyuest thyne euyn cristen.

Diues.

Telle sūme ex∣ample.

Pauper.

We fynde in the lyf of seynt Nicholas that a iewe lent a cristen man a greate sūme of gold vnto a certeyn day and toke no sikernes of him but his feith / and seynt Nicholas to borowe The day passide and y^e cristē mā paied nat. Wherfore y^e iewe chalēged his gold of the cri¦sten mā bifore a iuge / for he said falsly that he hadde payed hym. Whan the iuge shulde sytt on the cause. the cristē man bithoughte him of gile and feynyd him seke & came lenyng on a staffe bifore the iuge / in whiche staffe he had putt al the golde y^t he oughte to the iewe and more therto / for y^e staffe was holowe And whanne be shulde ley his honde on the bo¦ke / he toke the iewe the staffe in his honde / prayng him to holde it while he made his othe The iewe thought of no gyle / but to∣ke the staffe to holde as he pray¦ed him And than the false cristen man leyd his honde on the boke & made his othe on this manere. By god and seint Nicholas & so helpe me god at the holy doome I toke the al the money y^t thou chalengist and more therto And he saide soth / for he hadde taken it him that tyme in the staffe. The iewe was wrothe & said to him Now as wysly as you hast forsworne the by god & seynt ny¦cholas. I pray god and seynt ni¦cholas y^t was thy borowe / y^t hard vēgeaūce come to y^e The cristē mā toke ayē his staf of the iewe & went homwarde ayen lenyng on his staffe Ther felle suche an heuynes of slepe on him that he leyd hī downe ī the way to slepe a lytel from the cite wher̄ he had

made his othe / and leyd the staf with the golde faste besides him Came a carte and wente vpon him / and slewe him and brak his staffe. tyl the golde scateryd alle aboute Anoon the peple and the iewe also ranne for to see. What was fallen. And whanne they sawe the staffe broken / and the golde so scateryd about they knewe howe gylefully he hadde sworne. and thankyd god. and seint Nicholas. that the treuthe was tryed and shewid The iewe yaue that golde to pore folke / & bicame a cristen man.

Diues.

This ensample is open. Nowe I se that gyleful othes been ful perilous Say forthe I pray the

Pauper.

Alsoo a man may be forsworne sweryng sothe vnwit¦tingly and wenyth to swere fals to disseyue his euyn cristen As if I swore to a nother that it were nat day to disseyue him and lett him of his iourney / wenyng my self that it were day / al thoughe it were nat day but fer from day yit I were forsworne. As the lawe shewyth wel. xxii. q̄. ii. c. i^o Also if a man swere a treuthe w^t a blasphemye of goddes name. As if he swore by goddes bodye. herte / iyen / woundes / or any su¦che other / if he be customyd ther¦to / he is forsuorne / whether it be sothe or false that he sueryth.

The x. chapter.

WHerfore leue freend ye shal vnderstonde that in vi ma¦ners a man is forsworne First if he swere ayenste his conscience. as whā he swerith false wytting¦ly though he do it for drede Also if he swere a thinge vnleful and ayenst charite / as if he swere to sle a man or defoule a womā w^t his body / or y^t he shalle neuir doo almesse to pore men / ne come in his neighbours hous Also if mā do ayenst his othe whiche is lee∣ful alle though he do it for drede of deth / if the othe turne to none euyl ende Also if he swere treuth for disseyte and gyle as I sayde nowe late Also if he swere vnwi¦sely / as saith Durandus in sum¦ma sua. extra. de iureiurando c. sicut. &c. tua. And if he do it w^t auysement or vsaūtly / it is dede¦ly synne. And he saith there that euery othe made vnwisely is per¦iurye. Also if he compelle. a nother to swere wyttyng wele that he wole forswere him. As the lawe shewith wele xxii. q̄. iiii Inter cetera. And seynt austyn also ī a sermone that he maketh in the decollacion of seynt Iohn Baptyste. Where he tellith.

That on a tyme a gode symple true man had lent a certeyn mo∣ney to a false man / whiche forso¦ke it. and saide that he lente him none / wherfore the true man {pro}∣uokyd hym to swere. Wyttynge wele that he wolde forswere him and so he dyd. and the true man loste his money And the nighte folowyng the true man thought that he stode bifore a grete iuge. Whiche said to him on this wyse why didest thou that man swere sithen thou wyste wele that he shuld forswere him Lorde saide he for he denyed me my gode. Thanne the iuge saide to hym. It had be better to the for to ha∣ue loste thy gode / thanne to slee his soul that god bought so dere with his precious blode. And a∣non he dyde hym bete harde and sore / in somoche that whāne he awoke his backe apperyd fulle of woundes and al forbeten ful blake and blo. But whanne he repentyd him and axed mercye. his synne was foryouen him

The xi. chapter.

DIues.

It mighte wele be so / for bothe toke goddes name in veyne / and dyd dispite therto / the swerer in that that he forswore him wyllynge & wyt∣tynge / & he that made him swere For wyllyng and wyttynge he dyd he forswere him and dispise goddes name / and so he assētyd to {per}iure And by the lawe both he that doth the synne. and he that assentith therto been gilty of the synne and ben worthy the same peyn But I pray the what saist thou of theym that swere so dis∣pitfully and horribly by goddes body. hert blode and suche other

Pauper.

That maner swering is open blaphemye and grete dis¦pyte to god And if a man or wo∣man be vsaunt therto / swere he soth swere he fals. he synneth de¦dely For nat only suche take goddes name in veyne but also in grete dispyte. And therfore it is forfendyd by the lawe xxii. q̄. prima Si quis {per} capillū. Ther shulde no man swere by the here of cryste / ne by his hede / ne by no parte of criste / ne vse suche blas∣phemye ayenste god in any ma∣ner wyse. And if he dyd. but he wolde cease and amende him if he were a man of holy churche he shulde be deposyde and degra¦dyde. And if he were a lewde mā he shulde be acursed and pur¦sued by censure of holy churche. tyl he wolde amende him.

And by the lawe imperial as the glose saith there / suche foule swe¦rers shulde be punysshed with y^e vtterest peyne and turmēt / saue dethe And therfore in almayne. suche ben punisshed shamefully in dyuerse cūtrees. And therfore in tho cuntrees ben vsed none o¦thes / but it be bifore a iuge or el¦les for grete nede. Ther is theire speche as the gospel techith. yho & nen. that is ye and nay on en∣glisshe. And they kepe more treuthe for yho and nen / thanne we do with alle the greate othes that we vse in this londe Of su∣che foule swerers spekith seynte poule sayng that asmoche as in theym is they doo goddes sonne ofte on the crosse / and haue butt a iape and scorne of his passion. Rurfū crucifigentes sibimet ip∣sis filium dei & ostentui. i. irrisio ni habentes. ad hebr̄. vi. For they can nat speke to an vnskyl¦ful beest / but if they to rēde crist w^t their othes / & day & nyght re∣rep̄ue crist of his shameful dethe y^t he suffride for their synne & her sake And there y^t they oughtē to take mooste mater to loue hym and to worshyp him / they take moost occasion of vnkyndnesse to dispyse him. For ne hadde he dyed bytter dethe and shameful for oure gylte oure synne & oure sake / shulde we neuir elles haue sworne by goddes deth / & ne had he wepte salte terys with his eyn for oure gylt & nat for his owne shulde we neuir elles haue swor¦ne by goddes iyen And ne hadde he be stūge to the herte / & shedde his precio{us} herte blode to wasshe vs from oure synnes / shulde we neuir elles haue sworne by god∣des herte / ne by goddes blode. And ne had he suffryde the depe woūdes & bytter peynes ī his bo¦dy & ī his bones to saue vs from helle peyne / shuld we neuir elles haue sworne by his woūdes / his body. ne his bones. ne his blode And so ayēst the endlesse loue y^t he shewyd to vs we shewe hī gre¦te vnkyndnes / & ayēst the grete worship y^t he did to vs & brought vs to endles worship / we do him ouir grete velony. ¶We fynde in the miracles of our lady that sumtym ther was a iustice right¦ful in demynge / but ful gyltye in suche othes swerynge Sum∣dele he was deuoute to oure la∣dy. and grette her euery daye w^t certeyne auyes / wherfore our la¦dy by night apperyd to him and shewyd him a childe alle blody. The iyen were putte oute of the hede / and henge downe by y^e che¦kys / the herte was rente oute of the bodye / and henge a downe.

by the side. and al the body was for torne and wrappyd in blode Thanne she saide to him / thou arte a iustice yeue me nowe a ri∣ghtful dome: what is that man worthy that thus hath arayede my childe. The iustice aunswe∣ryd and sayd He is worthy to be hangyd by the necke in the fyre of helle withouten ende Thāne oure lady aunsweryd Forsothe. thou arte the same man / For I hadde neuir childe but this allo¦ne. Whiche was borne of my bo∣dy for saluacion of al mākynd.

And thou asmoche as in the is hast put oute his eyn / whā thou swore by goddes eyn / thou rentyst oute his hert whan thou swore by goddes herte. Thou haste alle to rent hym with thy foule othes. And therfore a∣mend the or thou shalt haue the some dome that thou hast youē and hange by the neck ī the fyre of helle withouten ende.

The xii. chaptre

DIues.

What sayst thou of theym y^t swere by the cock for god / sūme by god & by y^e hal¦dam. for god and the holy dome sūme by laken / for by oure lady sūme by cockes bodye / sūme by their hode some by their tepat & cap / and many suche other nyce othes. men vse nowe these day∣es.

Pau{per}.

If they swere any suche othes for to begile their e∣uyn cristen that vnderstonde hē nat / they synne dedely and been forsworne And for to couple to gydder god and the holy dome ī sweryng in ernyst or in game / it is a greuous synne. and dispyte and scorne to goddes name.

And if they swere suche othes nat for disceyte. but for to fle gre¦ter othes: yit they synne ful gre∣uously if they be vsaunt therto. For they do ayenst cristes lore. that byddeth vs swere by no cre¦ature / ne to swere but for greate nede and grete profyt / and elles nat / but our worde shuld be yhe yhe. nay nay. And if a man be compellyd to swere he shal swer̄ by his god. and by noone suche nyce othes. Moreouir leue frēd whāne y^t mā sweryth by his cap or by his hoode / or by any suche other either he swerith so by wey of wytnesse takynge or by wey of exetracion· If he swere so by wey of wytnesse taking he doth hym self foul velony For he ma¦keth his hode of more worshyp. and of more credence than hym¦self. For as seynt poule sayth ther shuld no man swere for wit¦nesse takynge / but by his more.

& by his better And he offendith god ful highly / for the worship that lōgith only to god / he doth to his hode For why swerynge. ••s for wytnesse is a diuyne wor¦ship that longith only to god. And if he swere by hode by weye of execration. soo y^t he mote lese his hode but he saye sothe / It is an ouyr scornfulle othe / for it is no greate losse a man to lese his hode to wynne an hūdryd pūde.

Diues.

And yit suche ben more true of their worde thanne other that swere greter othes.

Pau{per}.

Sumtyme it is so For the feēde temptith them lesse. & to the lesse synne for to holde theym stylle ī the greter / and so drawe other to the same synne that they {per}ceyue nat. For more syn it is to rubbe god of his worshyp. than to rob be a man of his catel But suche as swere by hode: do diuyne wor¦shyp to hoode / and take it from god and make other to do more worship to hode than to goddes holy name And oft suche so swe¦ryng kepe treuthe in smalle thin¦ges and comon / to disceyue mē in greter thinges of more charge And therfore I pray the vse nat suche nyce othes / Butt lette thy worde be. yhe yhe. nay naye. as crist byddeth it / so that it be said with lownesse & reuerence And if it nede you to say more / say yhe truly / nay truly / or sikerly or so¦thely / for that maner of spech is none othe For it is nought elles to say. but I say ye truly / & nat falsly. I saye yhe sykerly / & nat disceyuably / and vse none othes but thou be compellyd by thy so¦uerayne / or for a thinge of char∣ge / & men shalle leue the wel by thy yhe yhe. and naye nay / with¦outen any more.

The xiii. chaptre.

DIues.

Is it nat more syn a mā to swere him by god than by his hode

Pauper.

It is more synne. For the holyer that the thynge is that man swe¦rith by. the greater is the synne & the {per}iurye / as sayth y^e lawe And more syn it is a man to forswere him by god than by creatures / or by fals goddes or mawmettys. And though if you swere by any othe or by any creature / that is nat lefulle to swere by / thou syn¦nest greuously swere thou sothe swere thou false / But yit {per}iury. by god is more synne thanne by creature.

Diues.

If a man swe¦re by his hode / is he bounten to kepe his othe.

Pauper.

yhis if his othe be leful and spede fulle. or elles he dothe synne to synne.

As the lawe saithe .xxii. q̄. i.

Mouet te.

Diues.

Is it lefulle to a cristen man to take an othe of an hethen man that swerythe by his false goddes.

Pauper.

yhe. if he may none other syker∣nesse haue of him. But it is nat lefulle to a cristen man to styrre him to swere so. Exāple of this haue we Gen̄. xxxi. Where La¦ban swoore to iacob by his false goddes

Diues.

Whāne seruaū∣tes ben sworne to their lord that they shalbe true to him and war¦ne him of his harmes / been they bounde to telle him al the mys∣cheuys falsededis. & vilonyes. y^t been done to the lorde in house∣holde or out of housholde if they knowe them

Pau{per}.

If the lord be felle cruel and baratous or su¦specte ayenste the {per}sone. that is giltye I trowe the seruaunt by y^t othe be nat boūde to tel the lord therof / for to accuse the {per}soone. for so his othe is vnlefulle. For so in kepyng of his othe he shulde lede the lorde to greuous synne And therfore he shuld nat haue made that othe at the begī¦nynge / for it was semely y^t mo∣che disease might come therof if it were kepte. Nathelesse if that seruaūt that so swore knewe a∣ny wight berynge or takynge a¦way or wasting the lordes gode that he hath in keping / he owith to warne the lorde therof / but if he may the more peasibly haue it ayen / & saue the lordes {pro}fytte And euery seruaunt is bounden to warne the lorde of the harme y^t is done to the lord in his office for gode feithe and saluacion of his owne persone / if it maye nat elles peasibly be redressed And a∣nentes other defautes y^t touchen nat his office / if he may {pro}ue hem he is bounde to telle them to the lorde / if the lorde be pacient and skylful & nat to cruel If he may nat proue them / he is nat boun∣de to telle them. As the lawe she¦wyth wele xxxv. q̄. vi. Ep̄s in synodo. et ii. q̄. i. Si peccauerit et q̄. vii. Plerū{que}. vi. q̄. ii. Si tm̄ For if the seruaunt whanne he made that othe thought to bynd him to telle his lorde al the har∣mes y^t he knewe / though he my∣ghte nat preue it / his othe was nat lefulle & therfore it byndeth nat Euery seruaunt is bounde by hisothe and by his feith to be true to his lorde & warne him of his harme & of his velonye in co¦mon maner / but he is nat boūde for to accuse in special / but if he may preue it / but it be ful pryue¦ly to suche one that wole {pro}fytte to the {per}sone and nat harme him ne defame him / but only amēde him For by accusyng in special

but if the pleynt may be preuyd fallith hate / fightyng / māslauʒ¦ter diffamacion & grete disese.

The xiiii. chaptre.

DIues.

Whāne a comynte or a college. swerythe for them and their successours to do or to kepe a certeyne thynge in tyme cūmyng / if their successou¦res do it nat / ne kepe nat theire couenaunt / been nat their succes¦soures forsworne.

Pauper.

Nay. For that othe byndeth the {per}sones that swore and nat their successoures / as for {per}iurye Na∣thelesse the successoures ben boū¦den by gode feyth for to do & for to kepe. that their predecessours bounde theym to so swerynge / if it were leful / and haue the same proufyttes therfore that their p̄∣decessoures hadde Extra e. veri¦tatis. et Ray. li.i^o. ti. de {per}iurio.

Itm̄ pone

Diues.

If a man make an othe to an o¦ther mā / may nat that other mā that he makith it to vnbynde hī from that othe / & forgyue it him

Pauper.

If it be so that othe be made principally in fa∣uoure of goddes worship / y^e mā y^t he made it to may natt assoyle him ne vnbynde him from y^e othe ne none other may but by chaun¦gyng īto some thyng better. but nede or vnpower excuse him. If the othe be made principally in the fauoure of the man y^t he swe¦rith to / that man may wele vn∣bynde him fro his othe And if he made that othe in fauoure of an other man / only that other man may vnbynde him from y^t othe. but ony condicion put in the oth lette it As I swore to the that I shuld yeue thy fader x shelinges thou mightest nat vnbynde me fro y^t othe But thy fader mighte wele vnbynd me therof

Diues.

Whether is a man harder boūde. by vowe or by othe

Pauper.

The vowe byndeth harder For oure vowe byndethe vs by oure feythe & the treuthe that we owe to god to paye to him oure bihes¦tes Oure othes bynde vs princi¦pally to be true to oure euyn cry¦sten for reuerence of goddes ho∣ly name. As saith iohēs in sū. con. li.i. ti. ix. q̄. xiiii. quero.

Diues.

If a man or a woman haue do dedly synne / of whiche he is shreuen and contrite / may he swere sikerly y^t he is nat gilty. of that synne / for to auoyd sclā¦der of him self and of his frēdes. and of other that wole nat leue him in that but he swere

Pau{per}

For asmoche as he knowyth nat sykerly that he is sufficiētly cōtrite / he is natt syker whether

his syn is foryouen him or natt. And therfore he shuld for no mis¦cheyf swere so folily Moche mo¦re he shuld nat swere it of his ow¦ne profer / whan him nedith nat to swere. In sū. con. ti. ix. q̄ xii. qd de vxore. Extra li.v. de pur¦gatōne canonica. accepimus.

Diues.

What if a mā or womā make ii. othes contrarie y^t maye nat be kepte bothe to gidder.

Pau{per}.

The firste shalbe kepte if it be lefulle. Hostiensis li.ii. Rubrica de iureiurādo. S. quot comites. v. Itm̄ si duo. But if a man make ii. vowes contrarie that may nat be kept / the greter shalbe kepte if it be lefulle / and for the other he shal do a syth by the dome of his p̄lates Sū. con. ti. viii^o q̄. lxxxiii.

The xv. chapter.

DIues.

What is a vowe {pro}¦pirly

Pau{per}.

Vowe is bi¦hotyng of sūme gode thyng ma¦de to god with a auysement. As saith Reymūde.

Diues.

Whan man or woman in anguysshe & disease makith a vowe to be hol¦pen / been they nat boūden to ful¦fylle that vowe though āguyssh & disease catche. or styrre theym therto

Pauper.

yhis forsothe if they thought on the cause whye they made it. & were in purpose. than to bynde theym if they had their desire & helpe / in that nede. so y^t by kepynge of theire vowe. they ben better disposed to kepe goddes cōmaūdemētes / for ther¦to shulde al comon vowes deser¦ue And the wyf that in peryl of childe beryng or of other seknes makith a vowe al if she oughte none to make / withouten leeue of her husbonde / yit she owythe nat to do ayenste y^t vowe by her owne dome / ne withoutē dome of her souerayn / if she fele her hol¦pen by the vowe. Nathelesse I trowe that her husbōde may vn∣bynde her therfro / and her confes¦soure also / by chaungynge into some other gode dede / and name¦ly if y^e keping of y^e vowe shuld turne īto p̄iudice of the husbōde. or lettynge of the better dede. For wyues owe nat to mak gre¦te vowes that shulde be in disese and p̄iudice of their husbonde Ne children within age. shulde make none a vowe / withouten assent of their fader or of their tu¦toure Ne the seruaūte ī p̄iudice. or hyndrynge of his lorde or of his maister And if he do / his lord or maister may reuoke it / and so may the fader the childes / and y^e husbonde the wyues Other vo∣wes that been no preiudice to y^e

husbōde / the wyf may make as to say certeyne bedys But of no grete pilgramage / ne of grete ab¦stinence / ne of continence / ne to yeue grete almesse / but if her hus¦bonde be mys disposed ī his wit∣tes / or nat rulyde of custome by reasone. For if her husbonde be vnpitous of nedy peple she may make a vowe to yef to porefolk to the plesaunce of god after her power sauynge their bothe asta∣te

Diues.

Whethir is more med¦ful to do a gode dede w^t a vowe or withoutē a vowe.

Pauper.

With a vowe / for vowe makīg is one of the highest worshyp y^t man may do to god Quia est ac¦tus latrie. Also by vowe man lowyth him mooste to god. and yeueth to god the mooste yifte y^t he may yeue that is his free wyl. As he yeueth a greter gyfte that yeueth the tree with fruyt / thāne he that yeuyth the fruyt / and re∣seruyth to him the tree Also by vowe mānys wylle is more sta∣bled in godenesse Nathelesse for asmoch as man and womā ben fulle frayl & chaungeable / ther∣fore mē shulde nat make vowes but fewe and with a gode auyse¦mente For brekynge of vowes is greate dishonoure to god.

Diues.

What if a man make a vowe only vnder condicion.

Pauper.

If the condicion fall or be he is boūde / elles nat. And if a man bynde hym by dyuerse causes / if the one falle he is boū¦den though the other falle natt. As if I made a vowe. to goo to Seynt Iames in hope to fynde there my brother / and also to ha¦ue redēpciō of my sīnes / though I wyste after certaynly that I shulde nat fynd my brother ther̄ yit I were bounde to go thyder. for the other cause.

Diues.

For howe many causes is mā or wo∣man vnbounde from his vowe.

Pauper.

For iiii. causes First if the principal causes of his vo¦we makynge fayle As if a man make a vowe to faste alle the sa¦tdayes to haue helth of his child if the child amende nat he is nat bounde therto. Also if it be made vndre condicion / yat is nat ne fallith nat Also if he soue¦reyne vnbynde him therof. Also by vnpower if may nat kepe it.

Diues.

Thanne if a mayden make a vowe to lyue in maydē¦hode alle her her lyf / if she be cor¦rupte and lese her maydenhode. she is vnbounde from her vowe. for she may no lēger lyue ī may∣denhode

Pauper.

Al if she may no lenger lyue in maydenhode. yit she is bounde to {con}tynence al her lyf / and to kepe her vowe in

asmoche as she may And so it is of other vowes y^t men may natt alle do / for they ben boūde to do that they may do. Moreouir ye shal vnderstonde y^e sūme vowe is of nede / as the vowe y^t we ma¦ke in baptym / to forsake the fe∣ende / and to kepe the feyth of ho¦ly churche. And other vowes of free wyl. as whanne man byn∣deth him frely to do a gode dede. Withoutē which he may be saued as fastynge contynence pilgra∣mage. Two thinges be nedeful in chagyng of vowe. Rightful cause. and autorite of the soue∣raynes In dispensacion of the vowe of abstinēce or such other must be taken hede to the riches∣ses or the pouertie of the persone

For a pore man ī caas owith to haue asmoche dispensacion. for a peny or for right noughte. as a grete lorde for an hundryd marke Sūme condiciones been vnderstonde in vowes thoughe a man say them nat / as I shalle do if I lyue / if god wole. Other condicions ben more special / as I shal visytte seint thomas if I go into kent By both maner of these condicions if they fayl mā is excused of his vowe / if it stō∣de ful in that condiciō The hus¦bonde may nat entre into religi∣on / but his wif make first vowe of {per}petuel contynence Neither the wyf ne the husbōde may ma¦ke vowe of contynce withoutē other assente Solempne vowe of continēce lettith matrymony doon. and for to be doone. If it be nat solēne if the {per}sone wedde the matrymony holdith. He must yelde the dette of his body to his wyf / but he may nat axe it of her Solempne vowe is ma¦de by takynge of holy ordre / or by entre into religion Thoughe a man or woman breke his fast bicaus of seknes / he brekith nat his abstinence. Extra li^o v^to de regulis iuris. quod non est li∣citum.

The xvi chapter.

DIues.

What if a man or woman swere a thinge in hastinesse / whiche othe he wold nat haue sworne if he hadde aui¦sed him.

Pau{per}.

If his othe be a meane to kepe the better god∣des cōmaundement / & to fle thee by more syn & loue the more god he is boūde to kepe his othe. and nat elles

Diues.

If childrē swe¦re to do a thing leful whyle they be within age / may their fader & their moder reuoke that othe.

Pauper

Fader and moder and his tutoure may reuoke the chil¦des othes and their vowes / as so¦ne as they knowe therof And so

may the husbonde of his wyf. & she is boūde to obey to his reuo∣cacion But if he go forthe whan he wote therof / & reuoke it natt. at the begynnynge / afterwarde he may natt by the lawe reuoke it / ne the fader the childes oth ne vowe.

Diues.

I suppose he re∣uoke it afterwarde.

Pauper.

Bothe the wyf to the husbonde. & the childe to the fader while he is within age owyth to obey A∣uyse hym of the peryl that so re∣uokith.

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.

The xviii. chaptre.

DIues.

Sithen {per}iury is so grete a syn / what peyne is ordeyned therto by the lawe.

Pauper.

As the law saith xxii q̄. i. p̄dicādū. Asmoche penaūce shulde be enioyned for {per}iury / as for manslaughter and auoutre. And they shuld neuir more be ta¦ken to swere or to bere wytnesse in any dome / but be forsaken in euery dome. as taynte fals. and alwey suspecte of falshede. And by londes lawe in many cuntre∣es if they be taynt forsworne bi∣fore a iuge: they shuld be dishery¦tyd for euir. & their house be dra∣wen downe / their wodes hewyn downe / & their trees also mānes hight aboue the groūd The stoc¦kes stōde stylle to endeles repre of theym & of al their kynred. For their is no synne so noyous to a reme & to euery comynte as is {per}iury For y^t is cause y^t yer may no syn be punysshed / ne malefac¦toures ne felones chastised / nee wronges redressyd Men of holy churche shulde be degraded / and lewde folke accursed .xi. q̄. i. cō¦spirationū &c. cōiuiationū. Alle other synners whāne they haue done penaunce for their synne & been amendyd / ben by the lawe restored ayen to their fame / so y^t they may be wytnesses in dome. & their oth owyth to be resceiued But {per}iures y^t ben taynt / shal ne¦uir be restored to their fame: ne be taken for witnesse / ne his oth acceptyd in no dome / As saith hostiensis. li.ii. Ru. de testibus S. qs possit v. excipit. &. v. hoc idē Et extra li.ii. de testib{us}. c. ex¦{per}te / & vi q̄. i. quicum{que}. And if he be teynt forsworne bifore a iu¦ge / he is nat able to be any p̄late either in hooly churche / or in the laifee neither kynge ne busshop abbot ne prioure / prynce ne du∣ke. or any chifteyne of worship

Diues.

Why is {per}iurye so harde punysshed by the lawe

Pauper

For the synne is ouir greuous & ouir moche hauntyd / and for it is moste openly ayenste the sub∣staunce of treuthe and wytnesse and moste maynteneth falshede and lettith moste treuth and ri∣ghtwysnesse. As saith the same clerke hostiensis in the same pla¦ce. Suche {per}iurers may say that is writen. ysaie lix c. Concepi∣mus et locuti sumus de corde v¦ba mendacii &c. We haue con∣ceyued false contryuynges. and we haue spoken of hert wordes of lesynge And therfore rightful dome is turnyde bacwarde / and rightfulnesse stode from ferre.

He durste nat putte forthe his hede / and treuthe fel downe.

openly in the stretes He was bor¦ne downe openly / and noo man wolde helpe hī vp Equyte saith he ne euenhode in shiftyng. and in demynge might nat entre / for treuthe is al foryeten And he y^t fledde from wycked / was euery mannes prey.

Diues.

Nowe I se that {per}iury is a fulle greuouse synne and fulle perilous to eue∣ry comynte / & cause of moch mā¦slaughter / and shedyng of man∣nys blode & lesynge of realmes. For as I haue red. the Realme of englonde for {per}iurie & falshede was translated from britons to saxones Afterwarde it was trās¦latyd for {per}iurye from saxones. and englisshe men to the danys. Afterwarde whāne englisshe mē hadde the kingdome ayen by y^e deth of the danys / they kepte it but two kinges tymes / seynted warde and horaldes / and anone it was translated ayen for {per}iu∣rye vnto the normaynes by wyl¦liam duke of normandy / which slowe vp nigh al the cheualrye. of this londe / and chaungyd the lordship and the prelacy of this londe nigh alle vnto the frenche mē And what mordre & sheding of blode felle for these {per}iurers in these thre tymes and chaungin∣ges is fulle harde to telle. And nowe alas newly in oure dayes we ben fallē in {per}iurye in the hy∣ghest degre / nat one but nigh al And what blode hath be shedde sithe / bicause of oure {per}iurye / no tunge can telle And this londe by shedyng of blode is so feblys∣shed ī euery state that we be nat of power withoutē special mira¦cle of god lenger to withstonde. And so it is ful moche to drede y^t this Realme in shorte tyme for oure {per}iurye shalbe translatyd a∣yen to the britones / or elles to sū¦me other tunge. I pray the saye forthe what thou wylte

The xix. chaptre

PAuper.

Ferthermore I saide y^t goddes name is ta¦ken in veyne by mysheryng For if thou haue liking to here grete othes of other men / or any mys¦swerynge / Or if thou wate natl veyne othes ne art nat myspay∣ed whan thou heryst them / thou takest goddes name in veyne For thou doste no worship ther∣to: as thou oughtest to doo For as salomon saith a mānys here shulde ryse for fere / and he shuld stop his erys whan he herde god¦des name so dispised And if a man swere to the sadly ī goddes name and auysely / thou art boū¦dē to lene hī for worship of god¦des holy name / but you haue y^e more euidēce to y^e {con}trarie. And but thou accepte his othe & yeue

credence therto but ye knowe y^e contrarye / elles thou takyst god¦des name ī veyn For thou doste no due worshyp therto / but gre∣te dispite / in that that thou wylt nat leue so worshypfulle a wyt¦nes as god is / whome he takith to wytnesse so sweryng For ma¦ny a symple man wolde be mys¦payed if thou forsokest him for wytnesse of treuth

Diues.

If I fynde a man ofte false in his othes / though I leue him nat I do god no dishonoure.

Pau{per}.

That is soth / for thou may wel wete that god souerayne treuth beryth him no wytnesse ī his fals¦hode And therfore doo worshyp to his othe and to goddes name and repreue his falsehode & dys∣pyte. that he dothe to goddes ho¦ly dame Moreouir if thou here men swere or blasphemegoddes name / or name goddes name in vanytie / if thou haue likynge therin / thou takist goddes name in veyne. And but thou snyb or rep̄ue them if thou haue power ouir them / & gruche ayen a their synful speche / elles thou takyst goddes holy name in veyne. by heryng Also if thou haue likīge to here erroures ayenst the feithe of holy churche to cōsent to hem or shrewyd tales / or veyne tales medlyd with goddes name & vn¦honest speche / ayēst the worship¦ful name of criste and of cristen¦dome / whiche speche no gode cri¦sten man ne womā owith to he¦re / thou takyst goddes name in veyne by hering For if thou loue wele thy god thou shuldest natt here paciently any speche y^t sow∣neth dishonoure to his holy na∣me For if thou louedyst wele a∣ny man or woman / thou wolde here no speche sownynge ayenst their name and worship ne that might be causes of their offense. or velonye.

The xx. chaptre.

ALso goddes name is takē in veyne by brekynge of couenaunte made in goddes na¦me / and cōfermyd by swerynge in goddes name. As whan peas and couenaunt is made bi¦twene kinges and realmes / by∣twene comynties / and bitwene persones / and bitwene comynte & {per}sone / & is confermyd by swe∣rynge Than euery mā & womā that knowith it shulde fle to for¦fete in worde or dede ayenst the couenaunte & the pease / for re∣uerence of goddes holy name by whiche it was confermyd. And all tho that wyttyngly bre¦ken suche couenauntes / or pro∣curen by worde or dede or assen∣ten therto. that suche couenaūt

shulde be broken / if the couenāt be leful / al if it be nat plesaunte they take goddes name in veyn And alle tho that knowe of the couenaūte and of the othe / if by retchleshede of speche or of dede ben cause of brekynge of peas & of suche couenaūtes whether it touche theym or nat / they take goddes holy name in veyne and do dispyte therto / sithen the pees and the couenaunte was made ī goddes holy name / and confer∣myd also. We rede also in ho∣ly wrytte / Iosue ix. chapter. That whanne Iosue and god∣des people biganne to conquere the londe of biheste / the folke of gabaon in gyle sent messangers to iosue to make peas with Io∣sue and with goddes people. The messangers in gyle dyd on olde clothes cloutyd / olde shone patched and alle to torne They toke hored brede ī their scrippes. soure wyne in their botels. and lodyd asses with old hored brede in old sackes / and came so to io¦sue / and made a presaunt to him of olde vitayles and said to him ¶youre name springeth fer and wyde that ther may no kyng no nacion withstōde you Therfor̄ we be come to you for saluaciō of our lyues to make peas with you Thanne iosue and the peo∣ple saide to theym If ye dwel in the londe that god hath yeuen to vs / we may no peas make with you Thanne iosue axed theym what they were and from whēs they came Sir saide they we ben thy seruauntes & came to the fro fulle ferre cuntrees / sente fro the lordes & the leders of oure londe to make peas with the Thou may see by oure araye y^t we be co¦me fro fer For whanne we come oute oure clothes and our shone were newe / they ben al to torne & alle to rente. Oure brede was newe baken / nowe it is hooryde Oure botels & oure wyne weren newe / nowe our botelles be nigh brusten / and the wyne is soure. and oure vytales and the p̄saūt that we haue brought to the ben nigh lost for elde And thus they lyed almoost euery worde & dis∣ceyued iosue / for they duelte ly∣tel ouir xx. myle thens Iosue toke their presaunte / and made peas with hem And he & alle the princes of goddes peple swoore to theym y^t they shuld haue their lyues & their godes / within a fewe daies after Iosue came to gabaon / and began to fighte a∣yenst the cite Anoon they came out & shewyd her charter of pees

And how that Iosue and the prynces of goddes people. also

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hadde sworne to theym. to saue their lyues / the people wolde ha¦ue slayne theym bicause of their gyle Thanne iosue and the prin¦ces sayde to the people / we may nat sle theym For we haue swor¦ne to theym in the name of oure lorde And if we forswere vs god shal take vengeaunce of vs.

Diues.

I trowe y^t clerkes these daies wolde say that they were nat bounde to kepe that othe / si¦then they gate that othe of them with so grete gyle.

Pauper.

If they auysed hem wele they wold say as iosue saide For as I said firste. a man owythe to kepe his oth if it be leful though he made it for drede of deth For euery oth leful owyth to be kept though it be neuyr so moche ayenst herte. And that shewyth god wele aft{er}∣warde For as we fynde the se∣counde boke of kinges xxi.c. Thre hūdryd yere after. Saule kyng of goddes folke slewe all the gabionytes y^t he might fynd to plese his peple / whiche hatyd alway tho gabionytes for their gyle God was myspayed with y^e dede / & lete the kyng saul soone after be slayne ī batayl / & al his housebolde / & moche of goddes peple After in tyme of Dauyd y^t reignyd next after saul / ther fel suche an hungre in the londe of israel thre yere to gidder y^t moche of goddes people perisshed Da∣uyd axed of god what was the cause of that hungre God sayde that the dethe of the gabionytes whiche saul had slayn was cau¦se therof. Dauyd sente after the gabyonites that were lefte. and sayde to them. I knowe wele y^t for you this hūgre and myscheif is fallen in my realme Axe ye a∣mendes what ye wole & I shall do it Thanne they saide we axe neither golde. ne syluer / ne noo mannys dethe of israel / but on∣ly vengeaunce on saule and his kynrede that so wyckydly opp̄s¦syd vs and destroied vs. We axe that euery man of his kynred be slayne. and that none be left of his kynrede. Dauyd might nat graunte that axynge for thothe that he hadde made to Ionatas the sōne of saul to saue his kyn¦red Thanne they axed vii. men oonly of the kynred of saule. to hāge hem on the gebettes ayēst the sonne / and to sle theym dispi¦tously ī punisshyng of y^e spite y^t saul had do to goddes holy na∣me / ī y^t he dyd ayenst the solēpne couenauntis y^t his p̄decessoures had made & cōfermyd swerynge by goddes holy name For ī that saul toke that othe & goddes ho¦lye name in veyne. As sayth

the maister of the stories. Whan this was done the hūgre ceased. and anone began reyne and plē¦tye of corne and fruyt.

Diues.

This example is ful gode and shewith wele that euery othe le∣fulle shulde be kepte And that e¦uery man and woman shuld fle to do dishonoure or spite to god¦des name Also it shewyth wele y^t {per}iurye and dispisyng of goddes holy name is cause of shedynge of blode / of hungre / and of mys¦cheyf / And that god wole nat suffre that his name be dys∣pised ne taken ī veyne

Pauper

Therfore god saithe that euery man and woman that so takith his name in veyne. I shal do to the as thou haste hadde swering in dispyte. and chargyste nat to breke couenaunt / therfore thou shalt bere thy synne & haue dys∣pite yerfore Eze. xvi.c. Also he saith thus by the prophete If ye wole nat here ne sette in herte to yeue worshippe to my name / I shal sende in you hungre & nede and myscheyf And I shal curse your blessynges / and take your mighte from you / that ye shalle nat withstonde. Malachie ii.c.