The.xli. chapyter

ANd yt appereth de heretici[…] li.vi. in the chapyter In fide[…] fauorem▪ that they that be accursed and also partyes to the same offence, maye […]e wytnesse in heresy: and in the chapite[…] Accusatus perag. licet / yt appereth, that yf a man be sworne to saye the trouth co[…] cernynge heresy, […]s well of hym selfe a[…] […]f other, and he fyrst confesset[…] nothyng▪ and after contrary to his fyr[…]te sayenge he appeleth both hym sel[…]e and other: yf yt appere by manyfeste tokens, that he doth it not of lyghtnes of mynde, ne of hatered nor for corrupcyon of money: that then his wytnesse in fauour of the fayth shall […]ande / as well agaynst hym selfe, as agayns[…] other: and yet yt appereth euy[…] ly in the same courte, and in the same mater, that he is a periured person.

This is a daungerous lawe, and more lyke to cause vntrew & vnlawfull men to condempne innocentes, then to cōdempne offender[…]. And yt helpe[…]h lyttell, that yf there be token[…], that yt is not done of hatered, nor for corrupcyon of money: that yt shulde be taken: for somtyme a wolfe may shewe hym selfe in the apperell of a lambe. And yf the iudge be parcyall, such token[…] may be sone[…] accepted then trewly shewed.

Thys pyece concernynge the testymony of knowē euyll persons to be receyued and taken in heresy / I haue some what touched in the thyrde chapyter of the thyrde booke of my dyaloge / where syth they may rede it that wyll, I wyll make here no longe tale agayne therof. But well he woteth that heresye, wherby a chrysten man bycometh a false traytour to god, is in all lawes spyrytuall and temporall both, accompted as great a cryme as is the treason commytted agaynst any worldly man. And than why shold we fynde so greate a fawte, that suche wytnesse sholde be receyued in a cause of heresye, as are receyued not onely in a cause of treason, but of murder also, and of other more syngle felony / not onely in fauour of the prynce, and […]e[…]estacyon of suche odyouse crymes, but also for the necessy[…]e whych y• nature of the mater wurketh in the profe. For s[…]th euyll folke vse not to make good folke of theyr counsay[…]e in doyng of theyr euyl dedes / those that are done, sholde passe vnpunysshed, and molyke be commytted a fresshe, but yf they were receyued for recordes to theyr cōdēpnyng, that were of theyr counsayle and perteuers to the doynge. whyche kynde of folke wyll not let to swere twyse naye, before they confesse onys ye / & yet theyr one ye more trewe vppon theyr bare worde, thā theyr twyse naye vppon a solempne othe / and yet confesse they not so symply, but that it is comenly holpen wyth some suche cyrcumstaunces as make y• mater more clere.

Now se you well that as hym selfe sheweth, the lawe prouydeth well agaynste all lyghte receyuynge of suche confessyon. And yet thys pacyfyer sayth that all that helpeth lytle, bycause the iudge may be parcyall, and the wytnes may be a wolfe, shewyng him selfe apparelled in the apparell of a lambe, which apperynge in apparell, poore men that can not apparell theyr speche wyth apparell of rethoryke, vse comenly to call a woulfe in a lambes skynne.

But what order may serue agaynste suche obieccyons? what place is there in thys worlde spyrytuall or temporall, of whyche the iudge may not haue some say that he is, or at the lest wyse (as he sayth here) maye be parcyall? And therfore not onely such wytnesse sholde be by thys reason of his reiected, in heresy, treason, murder, or felony / but also by hys other reason of a woulfe in a lambys skynne, all maner of witnesse in euery mater. For in euery mater maye it happen, that he that semeth a lambe, maye be in dede a woulfe / and be nought where he semeth good / and swere false where he semeth to saye trewe. And therfore thys patche of thys pacyfy[…]r concernyng wytnesses / euery wys[…] man may bere wyt nesse […] there is […] wyt therin / and lesse good wolde growe t[…]erof, yf folke wolde folowe hys […]uencyon, and make of the lawes a chaunge.