Diues [et] pauper

Caplm .xxiiij.

DIues. Sythen god byddeth that no man sholde slee vn∣ryghtfully. Why suffreth god so moche warre be in erthe / & so ma∣ny batayles. ¶Pau{per}. For moche fol∣ke is worthy to deye & wyll not stan∣de to the lawe of peas. Therfor god hath ordeyned & cōmaūded the lawe of y^• swerde & of cheualrye to brynge them to peas with the swerde y^• wyll not obeye the peas by lawe of chary¦te and reason. ¶Diues. Than it se∣meth y^• men of armes may slee men¦lefully that wyl not obeye to the peas & to goddes wyll. ¶Pau{per}. That is soth. For Abraam Moyses Iosue Da∣uyd 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 fyghtyn∣ge. ¶Diues. I may well assent that batayll is lefull yf it be ryghtful. For god is called. Dn̄s exercituū et dn̄s labaoth. That is to saye / lorde god of oostes. ¶Pauper. Thre thynges be nedeful that batayl be ryghtfull. Ius¦ta causa. iustus ammus. et auctoritas legittimus principis. A ryghtfull cau¦se / a ryghtfull Intencyon / and aucto∣ryte 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 saluacōn of the comonte & of them that be vn gylty and wolde haue peas. For as saynt Austen sayth. The ende of ba∣tayll sholde be peas .xxiij.q̄.i. nolite. Also ther Intencyon muste be ryght∣full that they fyght not for pryde to gete theym a name / ne for no false co¦uety s;e to gete worldely good / ne for no malyce for to be venged / ne for no cru¦elte and lykynge to shedde blood. For yf ther Intencyon be wycked / thongh ther cause be true / they synne in mā∣slaughter. And for ther wycked In∣tencyon god suffreth men to be ouer∣comen 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 co∣mon assent of the comonte / or by co∣mon lawfull eleccyon. For thoughe a persone gadre to him rebellors ayenst his lege lordes wyll / all though the re¦bellors make hym ther hede and her prynce / they may not by his auctory∣te do ryghtfull batayl. But all thou∣ghe au••toryte of a prȳce lawful be ne∣defull to ryghtfull batayll that is so∣lempny done by mannes lawe / yet in a ryghtfull cause at nede man may by lawe of kynde without auctoryte of ony prynce fyght & defende hȳself & his goodes ayenst wycked folke / for it is the lawe of kynde euery man to saue hymselfe & put awaye fors with fors / & myght with myght. Licitū est vim vt repellere. So y^t 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 & smy∣tyng defende ther owne persone ayen¦ste clerke & ••wde man. And so maye the lewde man defende hymself with smytynge ayenst the clerke y^• seketh to smyte hȳ yf he may not els sekerly sa¦ue hymself / & yf he may sekerly saue hȳself / eyther by slyght / eyther by shet¦tynge 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 y^t the lewde man ought to flee the clerke yf he may in seker ma¦ner saue them both. Moche more the clerke y^t sholde shewe pacyence & flee shedynge of blood / by his ordre ought to flee a lewde man yf he may to sa∣ue hymselfe sekerly & to saue theym both. Yf the sugett be in doubte whe¦ther the cause y^t they fyght for be true they be excused by the cōmaūdement

of ther prynce for vertue of obedpen∣ce / so that the sugettes haue no cause to mysdeme of her prynce by his co∣mon lyuynge / but y^• they suppose that he in all his lyuynge be ruled by rea∣son & goddes lawe. But yf they be se¦ker that the cause is false / they be not excused ne ought not to fyght. Or els yf the prynce be man out of good go¦uernau 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 pryn¦ce not suget to hym by obedyence / yf they fyght for him in cause that is in doubte / they be not excused from de∣dely synne & man slaughter. In sūma ••fesso.li.ij.i.v.q̄.xlv.et.xlvi. Thus le¦ue frende haue I declared to you the fyfthe byheste that byddeth you and vs all not slee. And therfore leue fren¦de all yf your persone be not able to fyght ne to slee / yet I praye you y^t ye beware y^t ye assent to no mānes 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 pa∣ri 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 do∣me of god shall falle that he sayd to saynt Peter. He that smyteth with y^• swerde shall perysshe with the swer∣de. And he that robbeth shall be rob∣beth. Ve •• predaris nonne predaberis Ysa .xxxiij. Aldaye ye maye see what vengeaunce falleth for shedynge of mānes 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 nacōn Therfore be ye ware of goddes swer¦de & of mannes swerde also / and Iu∣stefye ye not that god dampneth.