Acts and Monuments Volume 1

Statut. an. 2. Henri. 4. cap. 15. Intituled in the Rolle thus: Petitio Cleri contra heteticos, and assented unto in this form.

, and so forth according to the petition: and moe words, are there not in y ^e statute Rolle. Wherefore where as the statute book printed hath thus: These words are put in further then the Rolle doth warrant, and seemeth to be the practice of the clergy, to make that as an Acte of Parliament, and to seem to have the force of a law, which was never assented unto by the commons.

And thus you see howe this foresaid statute, Printed both in English and in Latin among y ^e Prouincial councils of Oxford (by the virtue whereof so many good men have been burned so long in England) doth utterly overthrow it self, for that it swerueth from the record both in form and in matter, and lacketh the assent of the commons Which doubt I thought at this present to propound unto you (master Cope) for that you have so urged me to the searching out of the statutes, by your declayming against the Lord Cobham.

Moreover unto this statute aforesaid, join also with all another Memorandum of like practice done. an. 5. Rich. 2. In the which year, where as a statute was concluded y ^• parliament. an. 5. Rich. 2. chap. 5. against certain preachers specified in y ^e same statute, which going about in certain habits from place to place, did draw the people to sermons. And commissions were made and directed in the said parliament to the shrines, to arrest all such preachers and to imprison the same, at the certifications of the Prelates. Here is then to be noted, that the same statute an. 5. Rich. 2. cap. 5. was revoked by the king in the parliament. an. 6. Rich. 2 upon the words of the commons being these videl. Forasmuch as the same statute was never assented, ne granted by the commons, but that which therein was done, was done without their assent, and now ought to be undone, for that it was never their meaning to be justified and to bind themselves and their successors to the prelates no more, then their auncetours had done before them. Ex Rotul. And yet this foresaid revocation notwithstanding in Queen Mary's time, they inquired upon that statute.

In searching of these statutes, as you have accasioned me to find out these scruples: so being found out, I thought here not to dissemble them, for so much as I see and hear many now a days so boldly to bear themselves vpō this statute, and thinking so to excuse themselves do say, y ^t they have done nothing but the law the law: to the intent that these men seeing now how inexcusable they be both before God and man having no law to bear them out, may y ^e sooner repent their bloody and unlawful tyranny, exercised so long against God's true servants, yet in time before that the just law of God shall find out their unjust dealings, which partly he beginneth already to do, and more no doubt will do hereafter.

In the mean time this my petition I put up to the Commous, and to all other which shall hereafter put up any petition to the Parliament: that they being admonished by this abuse, will show thenselves hear after more wise & circumspect: both what they agree unto in Parliamentes, & also what cometh out in their name. And as these good Commons in this time of king Henry 4. would not consent nor agree to this bloody statute, nor to any other like For so we read that the Commons in that bloody time of king Henry 4. when another like cruel byll was put up by the Prelates in an. 8. Hen. 4. against the Lollards, they neither consented to this, and also overthrow the other: so in like manner it is to be wished, that the commons in this our time, or such other that shall have to do in parliaments hereafter following the steppes of these former times, will take vigilant heed to such cruel bills of the Popes prelacy, being put up, that neither their consent do pass rashly: nor that their names in any condition be so abused, Cōsidering with themselves that a thing once being passed in the parliament, cannot afterward be called back: And a little inconvenience once admitted, may grow afterward to mischiefs that cannot be stopped. And sometime it may so happen that through rash consent of voices, the ende of things being not well advised, such a thing being granted in one day, that afterward many days may cause the whole realm to rue. But I trust men are bitten enough with such black parliamentes to beware of afterclaps. The Lord Jesus only protector of his church, stop all crafty devises of subtle enemies, and with his wisdom direct our Parliamentes, as may be most to the advantage of his word, and comfort of his people. Amen. Amen.

And thus much having said for the defense of the Lord Cobbā, of syr Roger Acton knight, master John Brown Esquire, John Beuerly preacher, and of other their fellows against Alanus Copus Anglus, here I make an ende with this present Interim, till furthur leisure serve me here after (Christ willing) to pay him the whole Interest which I owe unto him. Adding this in the mean time, and by the way: that if master Cope had been a Momus any thing reasonable, he had no great cause so to wrangle with me in this matter, who as I did commend the Lord Cobham & that worthyly, for his valiaūt standing by y ^e truth, of his doctrine before Thomas Arundell the Archbishop so touching the matter of this conspiracy, I did not affirm or define anything thereof in my former history so precisely that he could well take any vauntage of against me, who in writing of this conspiracy laid against syr Roger Acton, And syr John Oldcastle, do but disiūctiuely or doubtfully speak thereof, not concluding certainly this conspiracy either to be true or not true, but only proving y ^e same not to be true at that time, as Polydore Virgil. and Edward▪ Hall in their histories do affirm: which say that this conspiracy began after the burning of John Hus and Jerome of Prague. Which could not be. And thereto tendeth my assertion. My words are plain, and are these. pag. 174. col. 2. line. 13. Wherefore it is evident that there was either no conspiracy at all against the king: or else that it was at some other time, or done by other Captains. &c.

These be my words with other moe, pag. col. and line above noted. In the which proposition disiunctiue, if either part be true, it is enough for me. His part it was to refell both, which he hath not done. But only standing fast upon the one part, dissimuleth the other. And this is Alanus Copus Anglus, who by that he shall come frō Rome (whether he is now gone as I hear say) I trust he will return a better Logician home again in suam Angliam.

But to the truth of our matter, as I said before, so I say again, whatsoever this worthy, noble and virtuous knight syr Roger Acton was otherwise, this is certain y ^t he was always of contrary mind, and opinion to the bishop of Rome, & to that kind of people, for the which cause he had great envy and hatred at their hands: and could as little bear it: neither do I greatly dissent from them, which do suspect or judge that the Lord Cobham, by his friendly help escaped out of the Tower, and that peradventure was the cause why he was apprehended and brought to trouble, and in the end came to his death. Other causes also their might be, that these good men percase did frequent among themselves, some cōuenticles (which conventicles was made treason by the statute aforesaid) either in those Thickets or in some place else: for the hearing of God's word, and for public prayer, and therefore had they this Beuerly their preacher with them.

But to conclude whatsoever this sir Roger Acton was this is y ^e truth, which I may boldly record, as one writing the Acts and things done in the Church, that he was at length apprehended, condemned and put to death or martyrdom. 3. years and more before the Lord Cobham died Likewise M. John Brown, and John Beuerly the preacher, suffered with him the same kind of death (as some say) in the field of S. Giles with other moe, to the number of 36. if the stories be true. Which was in the month of January. an 1413. after the computation of our English stories, counting the year from the annunciation, but after the Latin writers counting from Christ's nativity. an. 1414. according as this picture is specified.

These men as is said, suffered before the Lord Cobham aboot 3. years, of whose death diverse do write diversely. Some say they were hanged and burnt in S. Giles field, of whom is Fabian, with such as follow him. Other there be which say that some of them were hanged & burnt. Polydorus speaking only of their burning maketh no mentiō of hanging. An other certain english Chronicle I have in my hands borrowed of one M. Bowyer, who somewhat differing frō the rest, recordeth thus of sir Roger Acton, that his judgment before the justice was thus, to be drawn through London to Tyborne, and there to be hanged, and so he was naked save certain partes of him covered with a clothe. &c. And when certain days were past (saith the author) a Trumpeter of the kings called Thomas Cliffe gat grant of the king to take him down, and to burye him, and so he did &c. And thus have you the story of syr Roger Acton, and his fellow brethren. As touching their cause whether it were true or else by error mistaken of the king, or by the fetch of the bishops surmised, I refer it to the judgment of him which shall judge both the quick and dead, & seculum per ignem. To whō also I commit you M. Cope, God speed your iorny well to Rome, whether I hear say you are going, and make you a good man.

After the decease or martyrdom of these above mentioned, who are executed in the month of January an. 1414. in the next month following, and in the same yere, y ^e 20. day of February, God took away y ^e great enemy of his word, and rebel to his king Thom. Arundell Archb. of Cant. Whose death following after the execution of these good men above recited, by the marvelous stroke of God so suddenly, may seem somewhat to declare their innocency, and that he was also some great procurer of their death, in that God would not suffer him longer to live, striking him with death incontinently upon the same. But as I did the other before, so this also I do refer, to the secret judgment of the Lord, who once shall judge all secrets openly.

In the mean time this may seem strange, that the same Tho. Arundell, who a little before sitting upon judgment

against y ^e Lord Cobham, and pronounced sentence of death upon him, and did himself fele the stroke of death, & the sētece of God executed vpō him before the other. Who would have thought that the Lord Cobham being so cast and condemned diffinitiuely by the archbishops sentence, but y ^t he should have died long before the archbishop? But such be the works of gods almighty hand, who so turned y ^• whele y ^t this condemned Lord suruiued his condēner 3. or 4. years.

In the death of this Archb. first Polydor Virgil is deceived, who in his 22. book, pag. 441. affirmed his death to be an. 1415. and in the second year of king Henr. 5. also after the beginning of the Council of Constance who in deed never reached the beginning thereof, nor ever saw the second year of that king (unless ye count the first day for a year) but died before, an. 1414. Feb. 20. Ex hist. S. Albani & multis. Furthermore concerning the death of this Arundell, and the manner thereof, who had not been so heavy a troubler of Christ's saints in his time, because the thing seemeth worthy of noting, to behold the punishment of God upon his enemies, this is to report, as I have found it alleged out of Thomas Gascoin in Dictionario Theologico : Whose plain words be these: Anno. 1414. Tho. Arundel Cant. Archiepiscop. sic lingua percussus erat: vt nec deglutire, nec loqui per aliquot dies ante mortem suam potuerit, diuitis epulonis exemplo: & sic tantum obijt. Atque multi tunc fieri putabant, quia verbum alligasset, ne suo tempore praedicaretur. &c.

That is, Thomas Arundel archbishop of Cant. was so strikē in his tongue that neither he could swallow, nor speak for a certain space before his death, much like after the example of the rich glotton, and so died upon the same. And this was thought of many to come upon him, for that he so bound the word of the Lord, that it should not be preached in his days &c. which if it be true, as it doth well here appear, these and such other horrible examples of gods wrath, may be terrible spectacles for such as occupy their tongues and brains so busily to stop y ^e course of gods wrath, striving but against y ^e stream against the force whereof, neither they are able to resist, & many times in resisting are overturned thenselves & drowned therein. And thus much for the death of Tho. Arundel, who continued archb. in y ^• see of Cant. the space of 18. years.

After this Arundel, succeeded next in the said see of Cāterb. Henry Chichelsly made archb. an. 1414. and sat xxv. years. This Henry following likewise the steps of his predecessor, shown himself no small adversary against y ^e favorers of the truth. In whose time was much trouble and great afflictiō in the church. For as the preaching and teaching of the word did multiply and spread abroad daily more and more, so on the contrary side, more vigilant care and straight inquisition followed and increased against the people of God, by reason whereof diverse did suffer, & were burned, some for fear fled y ^e country. Many were brought to examinatiō, and by infirmity constrained to abjure. Of whom hereafter (Christ willing) particularly in order of their times we will entreat.

As true piety, and sincere preaching of Christ's word began at this time to decay: So idle mōkery and vain superstitiō in place thereof begā to increase. For about y ^e same yere the king began the foundation of 2. monasteries, one of the one side of Thames of Friers obseruaunt, y ^e other on the other side Thames called Shene and Zion, dedicated to Charter house monks, with certain Brigit nonnes or recluses, to the mumber of 60. dwelling within the same precinct, so that the whole number of these with priests, monks, deacons and nonnes should equal the number of 13. Apostles and 72. disciples. The order of these was according to the description of S. Paul the Apostle, Col. 1. Eat not, taste not, touch not, &c. to eat no flesh, to wear no linen, to touch no money. &c.

About Michaelmas, the same year the king began his Parliament at Leicester, above mentioned. In the which Parliament the commons put up their bill again, which they had put up before, an. 11. Henr. 4. the tēpporalties disorderly wasted by men of the church, might be converted & employed to the use of the king, of his Earls and knights and to the relief of y ^e poor people, as is before recited, pag. 557. In fear of which bill least the king would give thereunto any comfortable audience (as testifieth Rob. Fabian and other writers) certain of the Prelates & other headmen of the church put the king in mind to claim his right in France. Whereupon • en. Chichesly Archbish. of Canterbury made a long and solemn oration before the king to persuade him to the same, offering to the king in the • ehalfe of the Clergy great and notable sums. By reason whereof (saith Fabian) the bill was again put of, and the king set his mind for the recovery of the same: so that soon after he sent his letters and messengers to the French king concerning that matter, and received from him again answer of derision, w ^t a pype of tennis balls (as some record) sent from the Dolphin, for him to play with at home. Whereby the kings mind was incensed y ^• more toward that viage, who then furnishing himself w ^t strength and armor, with powder & shot, and gunstones to play with in France, and with other artillarye for that purpose convenient, so set over into France, where he got Dareflew with diverse other towns and castles in Normandy and Picardy, and at Agyncourt had a great victory over the french army, they benig counted but 7. thousand. by pricking sharp stakes before them. &c. After that he wa • Cane, Towke, Kowan with other • owns moe, as Meldune, or Melione, and married with Katherine the french kings daughter. And yet notwithstanding the third time he made his viage again into France, where at length at Bloys he fell sick and died, Concerning all which viages, because they are sufficiently discoursed in Fabian, • alle, and other Chronographers, referring therefore the reader unto them, I will return my story to other matters of the Church more effectual.

The entry of the story of the Bohemians.

I Declared a little before howe by the occasion of Queen Anne, which was a Bohemian and married to king Richard 2. the Bohemians coming thereby to the knowledge of Wycliffe's books here in England, began first to taste and savor Christ's gospel, til at length by the preaching of John Hus, they increased more and more in knowledge. In so much that pope Alexander the v. hearing thereof, began at last to stir coals, and directeth his Bu • to y ^• archbishop of Suinco, requiring him to look to the matter, & to provide that no person in Churches, Schools or other places should maintain that doctrine, citing also I. Hus to appear before him. To whom the said John answering again, declared that mandate or Bull of the pope utterly to repugn against the manifest examples & doings both of Christ and of his Apostles, and to be prejudicial to the liberty of the Gospel, in binding y ^e word of God not to have free recourse. And therefore from this mandate of the P. he appealed to the same Pope better advised. But while he was prosecuting his appeal, Pope Alexander died, as is aforesaid, pag, • 53. Ex Cochleo, in hist. Hussit.

After whom succeeded Pope John the xxiii. who also playing his part here in this matter like a Pope, sought by all means possible how to repress and keep under the Bohemians, first beginning to work his malice vpō the foresaid John Hus their preacher. Who at the same time preaching at Prague in the temple of Bethlehem, because he seemed rather willing to teach the Gospel of Christ, then the traditions of Bishops, was therefore accused of certain to the forenamed P. John the 23. for an heretic. The Bishop committed the whole matter unto Cardinal de Collumna, who when he had heard the accusation, he appointed a day to John Hus, that he should appear in the court of Rome: which thing once done, Wenceslaus king of the Romans & of Boheme, at the request specially of his wife Sophia, and of the whole nobility of Boheme, as also at the earnest suit and desire of the town and university of Prague: He sent his Ambassadors to Rome, to desire the bishop to quit & clearly deliver John Hus from that sentence and judgment, and that if the bishop did suspect the kingdom of Boheme to be infected with any heretical or false doctrine, that he should send his ambassadors the which might correct and amend the same, if there be any error or fault in them. And that all this should be done at the only costs and charges of the king of Boheme, and to promise in his name that he would aid and assiste the Bishops Legates with all his power and authority, to punish all such as should be taken or found in any erroneous doctrine. In the mean season also John Hus before his day appointed, sent his lawful and meet procurators unto the court of Rome, and with most firm and strong reasons, did prove his innocence, whereupon he trusted so, that he thought he should have easily obtained that he should not have been compelled, by reason of the great danger, to appear the day appointed. But when as the Cardinal de Collumna, (unto whose will and judgment the whole matter was committed) would not admit no defense or excuse: John Hus his procurators, appealed unto the high Bishop: yet notwithstanding, this last refuge did not so much prevail with Cardinal de Collumna, but that he would openlie excommunicate John Hus as an obstinate heretic, because he came not at his day appointed unto Rome.

Nothwithstanding for so much as his procurators had appealed unto the high bishop, they had other judges appointed unto them, as cardinal Aquileianus and cardinal • enetus with certain others. The which judges after they had prolonged and deferred the matter by the space of one yere and a half, at the last they returned to the sentence and judgment of cardinal de Columna, and confirming y ^e same, commanded John Hus his Procurators that they should leave of to defend him anymore, for they would suffer it no longer. Wherupon when his Procurators would not cease their instant suit, certain of them were cast into prisō, and grievously punished, the other leaving their business undone, returned into Boheme.

The Bohemians notwithstanding little cared for all this, but continuing still as they grew more in knowledge, so the less they regarded the Pope, complaing daily against him and the Archb. for stopping the word of God, and the gospel of Christ to be preached, saying that by their indulgences and other practices of the court of Rome, and of the bishops Consistory, they sought their own profit, & not of Jesus Christ: that they plucked from the sheep of Christ the wool and milk, and did not feed them, neither with the word of God nor with good examples. Teaching moreover and affirming, that the commaūdements of the Pope and Prelates are not to be obeyed, but so far as they follow the doctrine and life of Christ and of his Apostles, and that lay men ought to judge the works of the prelates as Paul judged the works of Peter in correcting him. Gal. 2. Furthermore, they had amongst thē certain notes and observations, whereby they might discern how far & wherein they might obey their prelates: they derided also & scorned the Popes jurisdiction, because of the schism that was then in the church, whē there were 3. popes together one striving against another for the papacy.

Ouer and besides this, at the same time John Hus did propound publicly, and by the Notaries caused to be written. 3. doubtful questions, the tenor whereof followeth here word for word & is this: Forasmuch saith he as it is good for men being in doubt to ask counsel, whereby all dubitatiō removed, they may be able the more firmly to adhere the truth. 3. doubts here arise to be solued. The first doubt is whither we ought to believe in the Pope. The second, whither it be possible for any man to be saved, which confesseth not with his mouth unto a mortal priest. The third doubt is, whither any of the doctors do hold or say that some of Pharaoh's host being drowned in the red sea, and of the Sodomites being subverted, besaued.

As concerning the first, he did hold negatively, alleging the saying of • ede upon this place of the Apostle: To him that believeth upon him which justifieth the wicked, his faith is imputed to righteousness. Rom. 4. Upon this place saith • ede: Aliud est credere in deum, aliud credere deo, aliud credere deum. &c. The second doubt saith he, the master of the sentence doth answer. lib. 4. dist. 17. cap. 11. in these words: What is then to be holden or said herein? Certes, that without the confession of the mouth, and assoyling of the outward pain, sins be forgiven through contrition and humility of the heart. &c. For the third doubt he brought in the words of S. Jerome upon the Prophet Nahum, speaking of the Egyptians destroyed in the sea, and of the Sodomites destroyed with fire, & of the Israelites destroyed in the desert. Know you (saith Jerome) that God therefore punished them for their sins here temporally, because they should not be punished hereafter perpetually, & therefore because they were here punished, they shall not be punished hereafter for else the scripture should lie, which is not to be granted. These 3. questions belike John Hus did bring in to declare howe the doctors do not agree in all things neither with the church of Rome, neither are to be followed in all points of all men.

It followeth moreover after the death of the Archbish. Swinco above mentioned, that one named Cōradus was placed by y ^e pope there to be chief general, which Cōradus conferring with the divines and doctors of the university of Prague, required their aduises and counsels, what way they might best take to asswage the dissensions & discordes between the clergy and the people. Whereupon a certain council was devised to be holden after this sort and manner as followeth.

1. First, that all doctors and masters of the university of Prague should be assembled in the court of the Archb. and in his presence that every doctor and master should swear, not to hold or maintain any of the 45. articles of John Wycliffe before condemned.

2. Item, concerning the 7. sacraments of the Church, the keys & censures of the church, the manners, rites, ceremonies, customs, and liberties of the church, concerning also the worshipping of relics and indulgēses, the orders & religions of the church, that everyone shall swear that he doth hold, believe & mayntayn, and will maintayn as doth the church of Rome and no otherwise, of the which church of Rome the Pope is the head, & the college of Cardinals is the body: who are the true and manifest successors of blessed S. Peter prince of the Apostles, and of the college of the other Apostles of Christ.

3. Item, that everyone shall swear, that in every catholic matter belonging to the Church that he will stand to the determination of the Apostolical sea, and that he will obey the prelates in all manner of things wheresoever, the thing which is pure good is not forbidden: or that which is mere ill, is not commanded: but is mean or indifferent between both. Which mean or indifferent thing, yet notwithstanding by circumstances of time, place or person, may be either good or evil.

4, Item, that everyone shall swear & confess by his oth, that the opinions of Wycliffe and others, touching the 7. sacraments of the church and other things above notified, being contrary to the said church of Rome be false.

5. Item, that an oath be required of them all, that none of them shall hold, defend or maintain any of the 45. articles of John Wycliffe aforesaid; or in any other matter catholic, and especially of the 7. Sacraments and other articles above specified, but only as doth the Church of Rome, and no otherwise.

6. Item, that every ordinary in his diocese shall cause the said premisses contained in the 1.2.3.4. articles aforesaid to be published in his Sinodes, and by his preachers to be declared to the people in the kingdom of Boheme.

7. Item, that if any Clerke, student, or lay man shall with stand any of the premisses, that the ordinary have authority if he be convicted thereof to correct him, according to the old laws and Canons, and that no man shall d •• end such one by any means, for none but the ordinary hath power to correct such a man, because the Archbishop is chauncellour both of the kingdom and university of Prague.

8. Item, that the songs lately forbidden, being odious, • aūderous and offensive to others fame, be not long neither in streets, taverns, nor any other place.

9. Item, that master John Hus shall not preach so long as he shall have no absolution of the court, neither shall hinder the preaching in Prague by his presence, that by this, his obedience to the Apostolical sea may be known.

10. Item, that this Council doth appear to be good and reasonable for the putting away of ill report and dissentiō that is in the kingdom of Boheme.

11. Item, if master John Hus, with his complices will perform this, which is contained in the 4. former Articles, then we will be ready to say as they would wish us and have us, whensoever need shall require, that we do agree with them in matter of faith, otherwise if they will not so do, we in giving this testimony should lie greatly unto our Lord the King & to the whole world. And moreover, we will be content to write for them to the Court of Rome, and do the best we can for them, our honors saved. This counsel and devise being considered amongst the head of the university of Prague, the foresaid administrator named Conradus, presented to the king and to the barons of the realm, and also to the Senate of Prague. Whereof as soon as word came to John Hus and his adherents, they likewise drew out other Articles in manner and form of a council as followeth.

For the honor of God & the true preaching of his gospel, for the health of the people, and to avoid the sinister & false infamy of the kingdom of Boheme, and of the Marquiship of Morauia, & of the city and university of Prague, and for the reforming of peace & unity between the clergy and the scholars of the university.

1. First, let the right and just decrement of the princes and of the kings council, be holden and stand in force, which between the L. Archbi. Suinco on the one party, and between the rector & master John Hus on the other party, was made, proclaimed, s • aled, and solemnly on both parts received and allowed in the court of our sovereign Lord the king.

2. Item, that the kingdom of Boheme remain in his former rites, liberties & common customs, so as other kingdoms & lands do enjoy, that is, in all approbations, condemnations, and other acts concerning the holy mother universal church.

3. Item, that master I. Hus, against whom the foresaid Lord Suinco, could object no crime before the council, that the said John Hus may be present in the congregation of the Clergy and there whosoever will object to him either heresy or error, let him object, binding himself to suffer the like pain, if he do not prove it.

4. Item, if no man will set himself on y ^e contrary part against him, then let the commandment be made by our sovereign Lord the king through all his Cittyes; and likewise let it be ordained and proclaimed through all villages and towns, that master John Hus, is ready to render account of his faith, and therefore if any will object unto him any heresy or error, let him write his name in the chauncery of the Lord Archbishop, and to bring forth his probations openly before both the parties.

5. Item, if no such shall be found to object, or which will write his name, then let them be called for, which caused to be noised & rumored in the Popes Court, that in the kingdom of Boheme, in the Citty of Prague, and in the Marquesdome of Morauia, many there be whose harts be infected with heresy and error, that they may prove who they be: and if they be not able to prove it, let them be punished.

6. Item, that commandment be directed to Doctors of Divinity and of the Canon law, and to the Chapter of Cathedral churches, and that it be required of them all and of everyone particularly, that they will bring forth his name, if they know any such to be an heretic or erroneous. And if they deny to know any such, then let them make recognition thereof, before the public Notary, confirming y ^e same with their seals.

7. Item, these things thus done & premised, then that our sovereign Lord the king, & also that the Archb. will give commandment under pain that no man shall call one another heretic or erroneous, unless he will stand to the probation of that heresy or error, as it becometh him.

8. Item, after these things obtained that our sovereign lord the king, with the consent of his Barons, will thē leuy a subsidy, or collect of the clergy, & direct an honest ambassy to the Popes court, with the which ambassadors, let thē also go vpō their own proper charges or expenses for their purgation, which have caused this kingdom falsely & grievously to be infamed in the Apostolical court.

9. Item, in the mean season for the presence of master I. Hus no Interdict ought to be made, as it was made of late contrary to the order and determination of our holy mother church. &c.

As this matter was thus in altercatiō between y ^e two parts, y ^e one objecting, y ^e other answering in articles, as is aforsayd: In the mean time it happened by the occasiō of Ladislaus king of Naples, who had besieged the Popes towns and territories, that Pope John raising up war against the said Ladislaus, gave full remission of sins to all them which would war of his side to defend y ^e church. When this Bul of y ^e popes indulgēce was come to Prague, and there published, the king Wenselaus, who thē favored that pope, gave commandment that no man should attempt anything against the said Popes indulgences. But Hus w ^t his followers, not able to abide y ^e impiety of those pardons. began manifestly to speak against them, of the which company were 3. certain artificers, who hearing y ^e priest preaching of these iudulgences, did openlie speak against them, & called the pope Antichrist, which would set up the cross to fight against his euenchristened. Wherefore they were brought before the Senate, and committed to ward. But the people joining thenselves together in arms: came to y ^e magistrates, requiring thē to be let loose. The magistrates with gentle words and fair promises satisfied the people, so that every man returning home to his own house, y ^e tumult was asswaged. But the captives being in prison, not withstanding were there beheaded, whose names were John, Martin, and Stascon. The death and martyrdom of these three being known vuto the people, they took the bodies of them that were slain, and with great solemnitye brought them unto the church of Bethlehem. At whose funeral diverse priests fauoring that side, did sing in this wise These be the Saints which for the testament of God gave their bodies. &c. And so their bodies were sumptuously interred in the church of Bethlehem, I. Hus preaching at the same funeral, much commending them for their constancye, and blessing God the father of our Lord Jesus Christ, which had hid the way of his verity so from the prudent of this world, and had revealed it to the simple lay people and inferior priests, which chose rather to please God then men.

Thus this City of Prague was divided. The prelates with the greatest part of the clergy, & most of the Barons, which had anything to lose, did hold w ^t the pope, especially Stephen Paletz, being the chiefest doer on that side. On the contrary part the commons, with part of the clergy & students of the university went with John Hus. Wenslaus the king fearing least this would grow to a tumult, being moved by the doctors and prelates and council of his barons thought best to remove John Hus out of the Citty, who had been excommunicated before by the Pope: And further to cease this dissention risen in the church, committed the matter to the disposition of the doctors and the clergy. They cōsulting together among thenselves, did set forth a decree, ratified and confirmed by the sentence of the king, containing the sum of 18. articles for the maynteynance of the Pope and the see of Rome, against the doctrine of Wickeliffe and John Hus. The names of the Doctors of Divinity were these: Stephen Paletz: Stanislaus de Znoyma: Petrus de Ikoyma: Johannes Heliae: Andreas Broda: Johannes Hildesen: Mattheus Monachus: Hermannus Heremita: Georgius Bota: Simon Wenda. &c. John Hus thus departing out of Prague, went to his country, where he being protected by the Lord of the Soil, continued there preaching, to whom resorted a great concourse of people, neither yet was he so expelled out of Prague, but that sometimes he resorted to his church of Bethlehem, and there also preached unto the people.

Moreover against the said decree of the doctors, I. Hus with his company replied again, and answered to their articles, with contrary articles again as followeth.

The objections of John Hus and of his part, against the decree of the Doctors.

FIrst, the foundation of the Doctors whereupon they found all their writings and counsels, is false, which foūdatiō is this, where as they say that part of the clergy in y ^e kingdom of Boheme is pestilent and erroneous, and holdeth falsely of the Sacraments,

2. The Doctors hereby do defame the kingdom of Boheme, and do raise up new discordes.

3. Let them show therefore those persons of the Clergye, whom they call pestilent, & so let them verify their report, binding themselves to suffer the like pain, if they be not able to prove it.

4. False it is y ^t they say, the Pope & the cardinals to be the true & manifest successors of Peter & of the Apostles, neither that any other successors of Peter or the Apostles, can be found upon earth besides thē. Whē as no man knoweth whether he be worthy of hatred or of favor. And all Bishops and priests be successors of Peter & of the Apostles.

5. Not the pope, but Christ only is the head: and not the Cardinals, but all Christ's faithful people be the body of the Catholic church, as all holy Scripture and decrees of the holy fathers do testify and affirm.

6. And as touching y ^e pope, if he be a reprobate, it is plain that he is no head, no nor member also of y ^e holy Church of God, but of the devil, and of his synagogue.

7. The clergy of the gospellers agreeing with the saying of S. Agustine which they allege, and according to the sanctions of the fathers, and determinations of the holy mother church, do say and affirm laudably: that the condemnation and prohibition of the 45. articles is unlawful, and unjust, and rashly done: for that not only because the doctors, but also all Bishops and Archbishops, in such great causes, namely, touching faith (as these articles do) have no authority at all, as appeareth • . De baptismo et eius effectu cap. Maiores. Et in Can. 17. dist. cap. Hinc sedi. &c.

8. The second cause of the discord which they allege, also is most false: seeing the faith of whole Christendom concerning the church of Rome, is divided in 3. parts by the reason of 3. popes, which now together do reign: And the 4. part is newtrall. Neither is it true, that we ought to stand in all things to the determination of the pope, & of the cardinals, but so far forth as they do agree with y ^e holy scripture of the old and New Testament, from whence the sanctions of the fathers, did first spring as is evident. De accusationibus cap. qualiter. &c.

9. In the 4. Article they brast out into a certain dotage, & are contrary to themselves. By reason that they doitishly have reprehēded the gospellers, who in all their doings receive the holy scripture (with is the law of God, y ^e way of truth and life) for their judge and measure: and afterward they themselves do allege the scripture. Deut. 17. where all judges both popes and Cardinals are taught to judge & discern between leaper & leaper, & in every ecclesiastical cause, only after y ^e rule of gods law. And so are they contrary unto their second article, wherein they say: y ^t in every catholic matter we must run to the pope: which is contrary to the foolish condemnation of the Articles aforesaid. 10 Consequently, like idiots they do most falsely allege for their purpose the Canon, under the name and authority of Jerome written 24. q. 1. Haec est fides papa. &c. where they do apply the words of Jerome most impertinentlye to the pope of Rome, which he writeth to S. Agustine, calling him a most blessed Pope.

11. By the which place of Jerome, it is manifest that the first article of those doctors is false. Forasmuch as by these words appeareth that other besides the bishop of Rome and his Cardinals, are called blessed Popes, holding the faith and seat of Peter, and are successors of the Apostles as was Agustine and other holy bishops moe.

12. Wherof it followeth moreover, that y ^e church of Rome is not that place, where the Lord did appoint y ^e principal sea of his whole Church. For Christ, which was the head priest of all, did first sit in Jerusalem, and Peter did sit first in Antioch, and afterward in Rome. Also other popes did sit some in Bonony, some at Perusium, some at Avigno.

13. Item, the foresaid Prelates are falsifiers of the holy Scriptures and Canons, & therefore are worthy to be punished: Which affirm and say, that we must obey the pope in all things. For why it is known that many Popes have erred, and one Pope was also a woman. To whom not only it was not lawful to give obedience, but also unlawful to communicate with them. As all Rubrices, and infinite Canons do declare.

14. Item, their 6.7.8.9.10.11. Articles do stand and are grounded upon untrue and false persuasions. And therefore are to be rejected and detested like the other before: Seyng they do induce not to peace and veritye, but to dissention and falsity.

15. It is manifest also to the laitye, that this dissention among the clergy riseth for no other cause, but only for the preaching of the Gospel, which reprehendeth such Simoniacks. and such heretics in the church of God, as namely haunt the court of Rome, spreading out their branches abroad into all the world. Who deserve to be removed & extirpate not only of the clergy gospellers, but also of the secular power. And so these three vices, to wit, Simonye, Luxurity, & Avarice (which is Idol worship) be the causes of all this dissention among the Clergye in the kingdom of Boheme, and not the other, which they falsely ascribe to the Gospellers of Prague. These three vices being removed, peace and unity would soon be reformed in the Clergy.

16. Moreover, their last article is to much gross, and not only is without all law, but also w ^t out all color of law: whereas they fondly and childishly do argue thus: that the processes made against M. John Hus ought to be obeyed, because forsooth the common sort of the Clergye of Prague, hath received them: By the same reason they may argue also, that we must obey the devil, for our first parents Adam and Eve obeyed him. Also our fore auncetours before us were Pagans, wherefor we must obey them, and also the Pagans.

17. But let this frivolous opiniō go, this is certain truth, that the said processes made against master John Hus, by law are none. Forsomuch as they were obtained, drawn, wrought, and executed contrary to the commission of the Pope, against the determinatiō of the holy mother church, as appeareth Cap. Sacro de Sententia excom. and a thousand other laws besides.

18. Finally, whosoever wittingly & obstinately do defend and execute (the said processes made) or consenteth unto thē, are all to be counted as blasphemers, excommunicate, and heretics, as hath been afore written and exhibited to y ^• Lord general bishop Olomucense. And more shall be declared and proved, if audience may be given openly before all the Doctors. Ex Aenea Sylui. & Chocleo.

Unto these objections of I. Hus & his part, the Catholic Doctors again did answer in a long tedious process: The scope whereof principally tended to defend y ^e principallity of the Pope, & to maintain his obedience above all other potentates in y ^e world: affirming & cōtēding, that although Christ is the head alone of the whole multitude of them that are sleeping in Purgatory, and which are laboring in the Church militant, and which are resting in heaven: yet this letteth not, but the Pope is head of the church here militant, that is, of all the faithful, which here in this world live under his office. Like as Christ is king of all kings, and yet Charles may be the king of France: So say they, Christ may be the universal head, and yet the Pope may be head under him of the whole Church. And thus concluded they that the pope is the head, and that the College of Cardinals is the body of the Romish church, which church of Rome is placed in the ecclesiastical office here over the earth, to know and define vpō every ecclesiastical and catholic matter, to correct errors, and to purge them, and to have care upon all such universal matters, & cure upon all universal churches, and upon the universal flock of faithful Christians. Forasmuch as in the regiment of the church through y ^e universal world, there must needs remain in such office always some such manifest & true successors of Peter, prince of the Apostles & of the college of the other Apostles of Christ: neither can there be found or given upon earth any other successors, but only y ^e Pope which is the head, and the college of Cardinals, which is the body of the foresaid church of Rome. And although the whole universal multitude of the faithful do make y ^e body of Christ, yet the same body of Christ is not placed here in office to exercise such authority upon earth. Because that universal multitude was never yet, nor ever can be cōgregate together.

And therefore necessary it is, that some such true and manifest successors & judges be appointed, to whom recourse must be had, in all such catholic and ecclesiastical matters determinable. For like as in earthly regiments, every case of discord is brought before his judge, & hath his place assigned where to be decided: So like reason would require, that in principal matters and controversies of faith, some such presidents & places be limited for the purpose to have such doubts resolved. And this being granted, then the doctors proceed, & here must needs conclude (say they) that there cannot be given in all the world any other place, but only the church of Rome: the head whereof is the Pope, & the body is the college of Cardinals. For like as Christ departing out of this world in his corporal presence, le • t his body here with us, under the Sacrament in another form, whereby he remaineth with us (according to his promise Mat. vlt. ) unto the consummation of the world: Even so while Christ walked here on earth in his bodily presence, he was Pope himself & chief bishop, & so head of the church here militant in earth, corporally cōjoined with the same, as y ^e head is to his body. But after that he departed out of y ^• world because his body which is the church militant, up on the earth, should not be headless, therefore he left Peter, & his successors to his church, for an head in his place, unto the consummation of the world, saying to him: Thou art Peter, & upon this rock I will build my church. &c. Mat. 16. And again he saith, feed my sheep. John. vlt. That is to say, be thou Peter the head over thy brethren.

Tedious it were to recite all the bibblebabble of these doctors in this their long responsall. Who so lis • eth to see y ^e bottom of their profounde writing & knowledge, may resort either to the history of Siluius, or else to M. Cochleus, in his first book De hist Hussit.

Thus then M. John Hus being driven out of Prague (as is afore touched) by the motion of these Doctors, and moreover being so excommunicate, that no Mass nor other must be said there where he was present. The people begā mightily to grudge and to cry out against the Prelates & other popish priests, which were the workers thereof, accusing thē to be Simoniacks, covetous, whoremaisters, adulterers, proud, sparing not to lay opē their vices to their great ignominy and shame. And much craving a reformation to be had of the clergy.

The king seeing the inclination of the people, being also not ignorant of the wickedness of the clergy, under pretence to reform the church, began to require greater exactions upon such Priests and men of the Clergy, as were known and accused to be wicked livers. Whereupon they on the other part, that favored John Hus, taking that occasion present, complained of all, accused many, and spared none, Whomsoeuer they knew to be of the Catholic faction, or enemies to John Hus. By reason whereof y ^e priests of the popish Clergy were brought, such as were faultye, into great distress, and such as were not faulty, into great fear. In so much that they were glad to fall in, at least not to fall out with the Protestants, being afraid to displease them. By this means master Hus began to take some more liberty unto him, & to preach in his church at Bethlehem, & none to control him: by the same means the people also received some comfort, and the king much gain & money by the reason.

And thus the popish Clergy, while they went about to persecute John Hus, were in wrapped thenselves in great tribulation, and afflicted on every side, as well of lay mē, as of learned men of the clergy. In so much that womē also & children were against thē. And by y ^t same reasō, wherewith they thought to entangle him, they were overthrown thenselves. For the Doctors which before condemned this doctrine in John Hus, for an intolerable heresy, & cried out so much against him, for teaching y ^e temporal Lord's might take away temporal livings frō y ^e clergy sinning habitualiter that is, lying and continuing still in the custom of iniquity: now when the king and the Lord's temporal began to mearse them and berieue them of their tēporalties for their transgressions, the said Doctors did keep silence & durst speak never a word. Agayne where the foresaid doctors, before could not abide in John Hus, that tithes wer to be counted for pure alms, now coming to y ^e Guildhal, were fain to entreat for their temporal goods, not to be taken from them, pleading the same temporalties to be mere almose and devotion of good men, given unto the church. Ex Cochleo.

And thus now did they themselves grant the thing, which before they did condemn. The more that the popes clergy was pinched, the more grudge & hatred redounded to John Hus, although he was in no cause thereof, but only their own wicked deseruinges, for the which cause Stephen Paletz, and Andraeas de Broda, being the chief champions of that faction, though they could not remedy the case, yet to ease their minds, wrote sharp and cruel letters to Master Hus. And to help the matter forward, the Pope also here must help at a pinche, who likewise writeth his letters to Wenceslaus king of Bohemia, which was brother to Sigismund Emperor, for the suppressing of John Hus & of his doctrine. Which was in the fifth and last yere of his Popedom. an. 1414. The tenor of whose letters to king Wenceslaus in this wise proceedeth.

In this epistle of Pope John above prefixed, forsomuch as mention is made of a certain council before holden at Rome (which was 4. years before) against the articles & books of John Wycliffe: it shall not be impertinēt nor out of purpose to repeat a certain merry history & worthy otherwise to be noted at, written by Nicholas Clemangis o • a certain spirit, which ruled the Popish Councelles, his word are these.

The same pope called a Council at Rome about four years before, at the earnest suit of diverse men. And a mas of the holy Ghost being said at the entrance into the said Council (according to the accustomed manner) the Council being set, and the said John sitting highest in a chair prepared for him for that purpose: Behold a ugly & dread full Owl, or as the common proverb is, the evil sign of some mischaunce of death to follow, coming out of the back half of him, flew to and fro, with her evil favored voice, and standing upon the middle beam of the church, cast her staring eyes upon the Pope sitting, the whole company began to marvel, to see the night Crowe, which is wont to abide no light, how she should in y ^e midday come in the face of such a multitude, & judged (not without cause) that it was an illfauored token. For behold said they, (whispering one in on others ear) the spirit appeareth in the shape of an Owl. And as the stood beholding one another, and advising the pope, scarcely could keep their coūtenaunce from laughter, John himself, upon whom the Owl steadfastly looked, blushing at the matter, began to sweat and to fret and fume with himself, and not finding by what other means he might salve the matter, being so confused dissolving the Council, rose up and departed. After that there followed another session. In the which the Owl again, after the manner aforesaid, although, as I believe, not called, was present looking s • edfastly upon the bishop, whom he beholding to become again, was more ashamed then he was before (and justly) saying he could no longer abide the sight of her, & commanded that she should be driven away with bats and shottinges: but she being a • rayde neither with their noise, neither of anything else, would not away, until that with the strokes of the sticks, which were thrown at her, she fell down dead before thē all. This I learned of a faithful friend, who at the same time came to Rome, the which thing I scarcely crediting for the rarenes of the matter, he affirmed by his oath, that it was most certain & true: adding moreover that all there present were much offended, & did greatly deride that Council called for such a purpose, and by little and little the Coūcel was dissolved, nothing done there as he saith. Although it hath not been always seen that such spiritual Doves have been present with Popes and their Councils, & governed thē: yet their evil doctrine declareth no less. Read gentle reader the book of Clemangis, and thou shalt not think thy labor evil bestowed. For he hath both learnedly, truly, freely, and godly, bewailed the filthiness of Antichrist, and his ministers, their wickedness, impiety and cruelty, and the miserable state and face of the Church. &c. And thus much for Pope John.

The Council of Constance.

HEre by the way is to be noted and understand, that during all this time of Pope John, there were 3. Popes reigning together, neither was yet the the schism ceased, which so long time had continued, the space (as I said) of 29. years. By the reason whereof a general Council was ordained & holden at Constance in the same year. an. 1414. being called by Sigismund the Emperor, and Pope John the 23. for the pacifiyng of the foresaid schism, which was then between three Popes, striving for the Popedom. The first whereof was John, whom the Italians set up. The second was Gregory, whom the Frenchmen set up. The third was Benedict, whom the Spaniards placed. In this schismatical ambitious conflict, everyone defended his Pope, to the great disturbans of Christian nations. This council endured four years long, wherein all their matters were decided most by four nations, to say the English, German, French, & Italian nation. Out of which • our nations were appointed & chosen four Presidentes to judge and determine the matters of the Council. The names of which Presidentes were these, John the Patriarke of Antioch for France, Anthony Archbishop of Rigen for Italy, Nicholas Archbishop of Genesuensis for Germany, and Nicholas Bishop of Bathe for England by whom many great and profitable things to the glory of God, and public profit, might have been concluded, if the rotten flesh of the churchmen could have bidden the salt of the Gospel, and if they had loved the truth: but as Gregogorius Nazienzenus writeth, there lightly come few general Councils, but they end more with disturbance, then tranquility. So it happened in this council, for whereas John the 13. in the first Session exhorteth them by these words taken out of the 8. of Zacharias. Viritatem diligite, that is to say: Lone the truth, further, monishing them, and specially the Deuines every man to do his endeavor for the unity of the Church, and to speak their mind freely: but howe soon this his exhortation was forgottē, it appeared shortly after by the despising of the Prophets, and persecuting of Christ in his menbers, as by the grace of Christ shall appear hereafter in the process of this story. First this John did resign his Papacy, the Emperor giving him thanks kissed his feet.

Afterward the said John repenting him that he had so done, sought means to flee, whereunto Frederick Duke of Austrich did assist him, for he changing his garments, fled by night with a small company. And when he was now come unto Schaffe house to go into Italy, the Emperor pursuing, took him, and proclaimed Frederick traitor, & for that cause took away certain Cittyes from him. At the last the matter was appeased under this condition, that Frederick should require grace of the Emperor, and resign all his possessions unto him. Wherupō the Emperor received him again into favor, & restored him to his dukedome. This pope being thus deposed, was committed unto the County Pallatine, and by him carried to the Castle of Manheime, where he was kept prisoner by the space of 3. years. Afterward he was again by Pope Martin, admitted to the number of Cardinals.

This Pope John was deposed by the decree of y ^• council, more then 40. most grievous and heinous crimes being objected and proved against him: as that he had hired Marcilus Permensis a Ph • sition, to poison Alexander his predecessor. Further, that he was an heretic, a simoniake, a liar, an hypocrite, a murderer, an inchaūter, a diceplayer, an adulterer, and a sodomite, & finally what crime is it, that he was not infected withal?

And now to return unto the council, first we will declare the order of their Sessions, with things therein concluded, in general: then we will (Christ willing) adjoin the special tractation of such matters, as pertain to the story of the Bohemians, and John Hus, and Jerome of Prague, who in the same ungodly council were condemned and burned.

This council therefore of Constance, which was summoned by the Emperor Sigismund, and Pope John 23. about the nativity of our Lord Jesus, an. 1414. began the same year to be assembled about the latter end of the yere. Which first beginning as the manner is, with a Mas • e of the holy Ghost, as they were singing according to their custōe the Himne, Veni sancte spiritus, there was at the same time a certain Bill set up in the Church by some well disposed man, as it seemed, wherein was contained these words following: Alijs rebus occupati nunc adesse vobis nō possumus. That is to say. We are otherwise occupied at this time, we cannot intend to come to you. Here is also to be remembered the worthy saying of the Emperor Sigismund, when talk was ministered as touching the reformation of the spiritualtye, and some said quod oporteat in cipere a minoritis, that is, that reformation ought first to begin at the Minorites. The Emperor answering again: Non a minoritis, sed a maioritis, that is, not with the Minorites saith he, but with the Maiorites. Meaning the reformation ought first to begin with the Pope, Cardinals, & Bishops and other superior states of the church, and so to descend after to the inferiors. This much by the way, & now to the purpose and order of the Sessions as we promised. The which counsel continued as is aforesaid by the space of iv. years, and had in it 45. Sessions, wherein many things were concluded, the which altogether were to long to be recited in this place: as the deposition of three several Popes, which were before spoken of, the hearing of certain Legates. Yet I mind to make some brief recapitulation of the most principal matters there done in the sessions orderly ensuing. [unspec 1] 1.

In the first Session chiefly was concluded, first that this Council was lawfully congregate.

2. Item, that the going away of the pope should be no let or stay, but the Council might proceed.

Wherein note (gentle Reader) that the authority of the general Council is above the Pope, contrary to their own doctrine. [unspec 2]

3. Item, this Council should not be dissolved before the Church were reformed, as well in the superiors, as inferiors. [unspec 3]

In the 4. Session amongst other things, this was first concluded: That a Synod congregate in the holy [unspec 4] Ghost, making a general council, representing the whole Catholic Church here militant, hath power of Christ immediately, to the which power every person, of what state or dignity so ever he be: yea being the pope himself, ought to be obedient in all such things as concern the general reformation of the Church, as well in the heads, as in the subjects.

Item, the said Pope should not translate the Court of Rome, and the officers of the same from the Citty of Constance. And that all his censures, doings and workinges after the time of his departure, whatsoever he should enterprise to do to the prejudice of this Council, should be of no effect. [unspec 5]

In the 5. Session the same Articles were repeated and concluded again. [unspec 6]

In the 6. Session procuration and citation was sent out against the Pope.

Item, commissioners were appointed out of the four nations for the hearing of John Hus, which shall be hereafter mentioned in his story following.

Item, the memory of John Wycliffe was condemned and the sentence given in the Council holden at Rome upon the condemnation and burning of Wycliffe's books, was there confirmed.

Item, in the same Session, Citation was sent out against Jerome of Prague. The tenor whereof followeth after in the story of the said Jerome.

Item, in this Session, was decreed against libelles of infamy. [unspec 7]

In the 7. Session nothing was handled, but that the tenor of the citation against Pope John was recited. [unspec 8]

In the 8. Session, the sentence and condemnation of John Wycliffe, and his 45. Articles was recited, and sentence givē against his memory & bones to be burned. The tenor whereof is rehearsed in the history of John Wickli • fes before passed. fol. 449.

[unspec 9] In the 9. Session, The matter & cause of Pope John was again entreated, and commissioners appointed to inquire upon his cause, and judges for the same.

[unspec 10] In the 10. Session, Suspension was given out & read against the said Pope.

In the 11. and 12. Sessions, Notaries were assigned & definitive sentence given against the said Pope, where also was decreed that none of them that contended before for the Papacy, should be chosen Pope.

[unspec 13] In the 13. Session was decreed, Quod nullus praes biter sub pena excommunicationis comunicet populo sub vtraque specie panis & vini. This is, that no Priest under pain of excommunication shall communicate unto the people under both kinds of bread and wine.

[unspec 14] In the 14. Session, came in y ^t resignation of pope Gregory the 12. which was one of the 3. before mentioned, striving for the Papacy, with certain other Articles concerning the election of the Bishop of Rome, and the ratification of their resigning, which gave over the Papacy.

[unspec 15] Then ensueth the 15. Session, in the which silence was commanded on all partes under pain of excommunicatiō, and the great curse that no persō or persons high or low of what estate or degree so ever he were, Emperor, Kyng, Cardinal, or other should disturb the said Session with any manner of noise, either by hand, foot, or voice. This being done, the sentence & condemnation against John Hus was read and pulished, which after in the story of John Hus, followeth to be seen more at large.

[unspec 16] In the 16. Session, Ambassadors were assigned by the Council to go into Aragon to Benedictus the 13. to entreat with him for the resignation of his Papacy, as the other two had done before.

Item, power was given to judges, to cite under pain of deprivation, all such as privily departed away from the Council, in the which Session also the sentence against John Hus was confirmed and ratified.

[unspec 17] In the 17. Session, the Emperor took upon him a journey to the king of Aragon, to entreat with pope Benedictus. An excommunication denounced against all such as should go about to empeche the Emperors journey about that matter. &c.

Item, pray • rs and processions were determined to be made by the Council, every Sunday for the same cause, with an hundred days of pardon given to thē that would be present thereat, and that all Prelates should be present at every of these said Masses and processions in their Pontificalibus. Graunting besides to every Priest that said one Mass, for the same a 100. days of pardon. And to all other that once a day should say one Pater noster, and one Ave, for the safety of the Emperor xl. days of pardon.

[unspec 18] In the 18. Session, certain judges were assigned for the hearing of matters, which the Council had no leisure to hear.

It was there also decreed that such letters and Bulls as were written in the name of that council, should be received with no less credit and authority, then the Bulls proceeding from the Sea Apostolical, and that the falsifyers of the same should incur no less penalty then the falsifyers of the other. Legates also and Ambassadors were sent into Italy.

[unspec 19] In the 19. Session which was y ^t same year in the month of September, Jerome of Prague who was cited as is before said, was accused of heresy & cast in prison by the said council, & constrained to abjure. The which his abjuration hereafter followeth to be seen in his history.

Item, it was decreed: Quod non obstantibus saluis cōductibus Imperatoris Regum. &c. possit per iudicem competentem de haeretica prauitate inquiri. &c. That is, notwithstanding y ^e safe conduct given by the Emperor and kings. &c. Inquiry may be made against a man for heresy by a sufficient judge and process, to be made according to the law.

The causes of heresies were committed to certain judges and deputyes.

Item, the Chart called Carolina, and diverse other Chartes and constitutions concerning the liberties of the Church of Rome, being brought forth were approved and confirmed,

In the 20. Session, letters & instruments were made [unspec 20] and set upon Church doors to require and admonish duke Frederick to restore again unto George Bishop of Austriche, such lands, rentes, and revenues as he detained & withheld, under pain of interditement, suspending and excommunication.

During the time of this Session, the Ambassadors returned out of Aragon from the Pope Benedict and were heard with great audience, whereas certain Articles and conditions between the Pope & the council were brought forth and agreed upon to the number of 12.

In the year of our Lord 1416. was the 21. Session beginning [unspec 21] after their manner with a Mass of the holy ghost with processions and such other rites, in the time of which Mass, James Bishop of Londy made a Sermon, taking for his Theame these words. Ex probrauit Deus incredulitatem eorum & duritiam : That is, the Lord rebuked their misbelief and hardness. &c. This sermon being ended, Jerome of Prague which had abjured, as is said the year before, being present thereat, stood up upon a certain bench or form. Replying against the foresaid James and his Sermon, alleging and preaching diverse and sundry things, whereupon the Patriarch of Constantinople, one of the commissioners proceeded against him, pronouncing the sentence definitive, which he had in writing against the said Jerome, which sentence being red and approved by the council (the tenor whereof ensueth in his history) the said Jerome was delivered unto the secular power, & burned.

The 22. and 23. Sessions contain no worthy matter, but only the placing of the Ambassadors of Alphansus K. of Aragon, & granting them voices in the Council.

In the 24. Session, citatiō was given out against Benedict, [unspec 24] keeping with Alphonsus, king of Aragon.

The 25. [unspec 25] Session containeth nothing but a certain Comendam given to the Church of Olemucensis.

The 26. Sessiō, there was nothing else handled, but the uniting and incorporating of the Ambassadors of the king of Navarre into the Council, and also concerning the derogation of the priority of voices.

After this followed the 27. and 28. sessions, which were in the year 1417. Wherein was entreated the relation and declaratiō, concerning the cause betwixt Duke Frederick, and the bishop of Trident, and process given out against the said Duke, accusing him of sacrilege, and also excommunicating him, for not obeying the admonitiō of the council concerning the usurpation and deteyning of the city of Tridēt and other possessions from Bishop George, as is afore specified.

In the 29. and 30. Sessions, Proctors and Notaryes were given out in the cause against Pope Benedict, and order decreed upon his obstinacye, wherein also the withdrawing of the king of Aragon from the same Pope, was recited and approved by the Council.

In the 31. Session, certain instruments, and special [unspec 31] letters monitory were directed from the Council to a certain Earl of Italy named Comes virtutum, for laying violent hands upon Albert, Bishop of Asce, and for bringing him to prison, requiring the said Earl under pain of interdiction, and excommunication to set the said Bishop at liberty. Also another decree was set forth for the restoring again the liberties of the Church of Baron.

In the 32. and 33. Sessions, the accusation of pope Benedict was renewed, and his obstinacy accused, and witness brought in, at which thing doing, the Emperor Sigismund was present.

In the 34. Session, the cause of the foresaid Pope was [unspec 34] heard, and process given out against him.

In the 35. Session, the Ambassadors of the king of Castle were brought in, and united to the Council, and instruments thereof made and read. Also that notwithstanding the oaths made to the foresaid Pope, mē might lawfully forsake his obedience.

In the 36. Session, a certain citation was made and [unspec 36] read against the Pope, containing his deprivation and the sentence against him, & instruments made upon the same. And whereas this Pope had thundered out his curses, depriuations and excommunications against them: The said Sinode did adnihilate all his doings.

The 37. Session did renew again the accusation of the [unspec 37] foresaid pope, and the sentence definitive against him was published.

In the 38. Sessiō certain decrees were made touching [unspec 38] the adnihilating of the penalties of the Ambassadors of king Henry son of Alphonsus king of Aragon. Also another decree was made touching the reuocatiō of y ^e voices granted to the Ambassadors of the king of Aragon.

Thus Pope Benedict being deposed and excommunicated [unspec 39] as is aforesaid, in the next Sessions following, they addressed themselves to the election of a new Pope, beginning first in the Session to give out decrees concerning general Councils, & provision, for the avoiding of such like schisms hereafter. Decreeing every x. year to have a general Council, after the two Councils that should follow immediately after this, of the which the one should be kept within five years, then next following, and the second within seven years after that.

Item, in the same Session was drawn out a form touching such thing as the Pope should profess and bind himself, to observe at time of his election, of the which form the order and tenor is this.

I N. elected for Pope, profess with heart and mouth unto almighty God, whose Church I take upon me to govern, by his help, and to blessed S. Peter the Prince of the Apostles, so long as I shall endure in this frail and brittle life, firmly to believe and hold the holy Catholic faith after the traditions of the Apostles, of general Councils, and of other holy fathers, and namely of the eight general Councils. Nicene the first, the second of Constantinople, Ephesine the third, Calcedone y ^e fourth, the fifth and six of them in Constantinople, the seventh of Nice, the eight of Constantinople. And also of the general Councils of Lateran, Lions, and Uienne, willing to observe the same faith vnuiolate even to the uttermost, and to preach and defend the same, even to the spending of my life and blood, and also by all means possible to prosecute and observe the rite of the Sacraments canonically delivered to the Catholic Church. And this my profession and confession by my commandment, being written out by the Notary of the Arches of the holy Church of Rome, I have subscribed with mine own hand, and sincerely with a pure mind and devout conscience, I offer it unto thee almighty God upon such an altar, &c. In the presence of such witness. &c. Yeuen. &c.

It was also decided in this Session, that no Prelates should be translated against their wills.

The third of the same month, and the same year followed the [unspec 40] 40. Session, wherein certain decrees were constitute and read, as touching reformations to be made thorough the whole church by the Pope, that next should be, with the Council, before this Synod should break up.

Item, that they should so proceed to the election of the Bishop of Rome, notwithstanding the absence of those Cardinals which were with Pope Benedict in Spain. This done, the order and manner was decreed for the election of the Pope.

After these things thus decreed, in the next Session, which was forty one, the constitution of Clement the [unspec 41] sixth was read, concerning the order and diet of the Cardinals being in the Conclaue about y ^e choosing of the Pope, and upon the same oaths were ministered unto the Cardinals and other Electors, binding them to observe and keep all such things as they should be bound to, during the time of the election.

First, that they should enter into the Conclaue within ten days after the forty Session, which was this present day after sun set.

Secondly, that every Cardinal should have but two seruitours attending upon him at the most, either of the Laity or Clergy, as they would themselves.

Thirdly, that they should remain together in the said Cōclave, without any wall betwixt thē, or any other cover, save only bare Curtains, if any were disposed to sleep.

Fourthly, that the Conclaue should so be shut up, and the entry to the privy chamber to be kept so straightly, that none of them should come in or out, nor any to have recourse unto them to talk with them privily or apertly, nor they to admit any man to come to them, except by the consent of them all, certain should be called about matters concerning the election.

Fifthly, that no man should send to them either messenger or writings.

Sixthly, that a competent window should be assigned unto them to receive in their victuals, but that no person might come in thereat.

Seventhly, that no day after their first ingress into the Conclaue, beside bread, wine and water, they should have anymore dishes but one of one only kind, either of flesh or fish, eggs, pottage, made of fish or flesh, not after the deintiest sort, besides salades, cheese, fruit, and conserves, whereof there shall be no principal mess made but for sauce and taste.

Eighthly, that not one should be compelled to go into the Conclaue: But if they did all refuse to go in, then they should be compelled thereunto.

Ninthly, that such as would go out, might, but if they would all go out before y ^e Pope were elect, they should be compelled to go in again, except such whom infirmity did excuse, but without the excuse of infirmity, if any went out, he should no more be admitted, except they went all out together.

Tenthly, that such as went out by reason of infirmity, for to be absent, and return before the election be determined: may be admitted again into the Conclaue in the same state wherein they shall find the election to stand.

Further and besides the keepers of the Cōclave, should also be sworn to see all these premises observed and kept without fraud or guile, and that they should not straighten the Cardinals and other Electors above the order here taken.

And if the King be there himself sitting in his throne of estate, he should receive the same oath of the Cardinale.

Upon this such as should be electours beside the Cardinals, were chosen.

Furthermore, for as much as the goods and substance of such as were elect, were accustomed to be given & granted unto such as could catch them: whereupon under the pretence of the same, many did invade the goods of the Cardinals, and others which were in the Conclaue, falsely feigning them to be elected which were not to be elected. To stop the greedy ravening of such, a decree also was published in the same Session.

These things thus prepared and set in order, the Patriarch of Constantinople, with the Cardinals and other Archbishops, Bishops, Abbots, Priours, Deans, Archdeacons, Doctors, with other electours entering into the Conclaue vpō Monday, on Thursday after they had hatched out a Pope, being S. Martins even, whereupon they named him Martin: This Martin thus being elected, was straight forth brought in by the Emperor and the Council, into the Church of Constance, and there inthronised for Pope, not without great solemnity & triumph. The xxi. day of the said month, this foresaid Martin according to their accustomed pomp was honourably brought in to be crowned with sumptuous procession from the high Church of Constance unto the Monastery of S. Agustine. The Emperor on foot, leading his horse by the bridle on the right hand: And the Marques of Bradenburge Prince Electour, likewise leading his horse on the left hand, the Pope himself riding in the midst upon his palfrey.

And thus being brought into the Monastery aforesaid, and so reduced round about again from thence to the high Church of Constance, was there crowned with all magnificence.

Notwithstanding all this, yet all the trifling and fond vanity of this Council more great then wise, did not end thus, for in the next Session which was the xlii. came out [unspec 42] a decree in the name of the Pope and the Council, discharging the bound of the Emperor and the County Palatine, touching the safe custody of Pope John, who was by bond committed unto them to be kept in safety.

In the xliii. Session, certain other decrees and statutes [unspec 43] were made by Pope Martin in the said Synod. Annullating and reproving all the acts and proceedings of the other Popes before during the time of the schism from the time of Gregory the xi. As in matters concerning exemptions, unions, fruits and profits of the Church, benefices, simony, dispensations, tithes and other burdens of the Church. Also concerning the apparel of the Clergy and such other things.

In the xliiij. Session, the sage fathers of this Council [unspec 44] were occupied about the determining in what place the next Council should be kept in, the xlv. Session brake up and dissolved this Synod.

Now to finish our tedious rehearsal of this Synod. [unspec 45] The Cardinal Umbald by the commandment of the Pope and the Council, with a high and loud voice pronounced these words Domini ite in pace, which is, Lord's depart in peace, whereunto the standers by answered, Amen.

Thus the council being dissolved, Frier John Bishop of Catthan by the consent and commandment of the Pope and the Council, went up into the Pulpit to make a Sermon, taking for his theme: Vos autem tristitiam habetis: iterum autem videbo vos, & gaudebit cor vestrū. You are now in sadness: I will see you again, and then your harts shall rejoice. The which collation being ended, another Cardinal named Anthony, was sent up by the Pope and the Council, with this proclamation, first to dismiss the Synod, and to give every man leave to depart home. Also to declare the Popes indulgence unto them, who by the authority of God almighty, had granted to them all and everyone pre • ent at that Council, full absolution once in their life, so that everyone within two months after the hearing of this indulgence, should procure the same in form of writing. Also another indulgence was granted in like manner of plenary remission at the hour of death, and that was understand as well of the household, as of the masters themselves. But under this condition, that from the time of notification of the same, they should fast by the space of one whole year every Friday, for the absolution in their life time. And for the absolution at the hour of death, to fast the same Friday another year, except they had some lawful impediment to the contrary, so that after the second year, they should fast unto their lives end, or else to do some other good work. The which being in this manner proclaimed, the Synod brake up, and every man departed home.

The number of the foriners resorting to this Counsel both spiritual and temporal, was 60500. whereof, the number of Archbishops and Bishops was 346.

Abbots and Doctors 564.

Secular men

• Princes.
• Dukes.
• Earls.
• Knightes.
• Esquiers.

16000.

Besides common women, belonging to the same Council 450.

Barbers 600. Minstrels, Cooks, and Iesters 320.

So that the whole multitude which were vewed to be in the Town of Constance between Easter and Whitsuntide, were numbered to be 60500. strangers and forreners at that Council.

Here is to be noted that in this Council of Constance, nothing was decreed or enacted worthy of memory, but this only, that the Popes authority is under the Council, and that the Council ought to judge the Pope.

And as touching the Communion in both kinds, although the Council did not deny, but that it was used by Christ and his Apostles, yet notwithstanding by the same Council it was decreed to the contrary.

Hitherto we have comprehended the order and discourse of this Council, with the acts and Sessions concerning the same: which Council although it was principally thought to be assembled, for quieting of the schism between the three Popes: yet notwithstanding, a great part thereof was for the cause of the Bohemians, and especially for John Hus: As appeared by their preparation before the Council. For before the Council began, the Emperor Sigismund aforesaid, sent certain Gentlemen Bohemians, which were of his own household, giving them in charge to bring John Hus Bachelor of Divinity, unto the said Council, and that under his safe conduict, the meaning and intent thereof was, that John Hus should purge and clear himself of the blame which they had laid against him: and for the more better assurance, the Emperor did not only promise him safe conduict that he might come freely unto Constance: but also to return again into Boheme without fraud or interruption, he promised also to receive him under his protection and under sauegard of the whole Empire. For the same only cause the Emperor sent him afterwards the said safeconduicts double written, both in Latin and Almaine, the form whereof doth hereafter ensue.

By this it may appear that this safe conduct was granted not in the time of the Council by the Bishops, but before the Council by the Emperor: who was or ought to be the principal ordeiner and directer of the Council under God. Now whether the Bishops in breaking and adnulling this promise of the Emperor, against the Emperors mind, because the discussion thereof belongeth Ad materiam iuris, non facti, being a matter rather or law then of story, I will differ to reason this case with master Cope, to such time, as may be more convenient to the full tractation thereof.

Notwithstanding, briefly to touch and pass, let us consider part of the reasons of the said Cope, how frivolous and false they be, and easy to be refelled. What (saith he) if he preached by the way coming up? First that is false, vide infra page. What (saith he) if he stood obstinate in his heresy▪ What if he sought to escape away after his coming up? To this the Lord's of Boheme do answer, that his safeconduct was broken, and he imprisoned, not only before he attempted to escape, or before he was condemned for an heretic, but also before he was heard of the Council what he was. Vide infr. page. Further, where Cope saith that the general Council was above the Emperor, and hath power in case of heresy to break public leagues and grants: to that I say, that this safeconduct stood not only upon the Emperor, but also upon the consent of the Pope himself, vide infr. page. And admit that to be true, that the council had power to make this decree, to break promise with heretics: yet this cannot be denied, but that John Hus was condemned and judged before that decree in the xix. Session was made. Finally, when Cope hath proved by what scripture the councils have power to defeat the authority of their Emperors in such secular causes touching safeconductes, and outward safety: then will I answer him more fully herein. But to the purpose again of the story.

John Hus seeing so many fair promises, and the assurance which the Emperor had given unto him, sent answer unto the Emperor that he would come unto the Council: But before he departed out of the Realm of Boheme, and specially out of the town of Prague, he did write certain bills long enough afore, as well in Latin as in the Bohemian language, and Almaine, and caused them to be set and fastened upon the gates of the Cathedral Churches and parish Churches, Cloisters and Abbayes, signifying unto them all, that he would go to the general Council at Constance, whereof if any man have any suspicion of his doctrine, that he should declare it before the Lord Conrade, or Bishop of Prague, or if he had rather, at the general Council, for there he would render and give up unto everyone, and before them all, an accompt and reason of his faith. The example of his letters and intimations set up were these, the copy where of here followeth.

The same time John Hus sent his procurers to the Lord Bishop of Nazareth, ordained by the Apostolic Sea Inquisitor of heresy of the City and Dioces of Prague, requiring him, that if he had found any error in him, he would declare it openly. But the said Bishop before the said procurour, and the public Notary, with many other credible witnesses answered, that he had often talked with John Hus, and that he never knew any thing in him, but as becometh a godly and faithful man, and this his testimony of John Hus, he approved by his letters, the copy whereof is here under written.

Upon which matter also, a public instrument was drawn, testified with the hand and seal of the public Notary, named Michel Pruthatietz. The copy of which instrument here under followeth.

After this, as all the Barons of Boheme were assembled in the Abbay of Saint James, about the affairs of the Realm, where as the Archbyshop of Prague was also present: There the said John Hus presented supplications: by the which he most humbly desired the Barons, that they would show him this favor towards the said Archbyshop, that if the said Archbyshop did suspect him of any error or heresy, that he would declare it openly, and that he was ready to endure and suffer correction for the same at his hands. And if that he had found or perceived no such thing in him, that he would then give him a testimonial thereof, through the which he being as it were armed, he might the more freely go unto Constance. The said Archbishop confessed openly before all the assembly of Barons, that he knew not that the said John Hus was culpable or faulty in any crime or offense, and this was his only counsel, that the said John Hus should purge himself of the excommunication he had incurred: this report, which the Archbishop had given of John Hus, doth appear by the letters which the Barons of Boheme sent unto the Emperor Sigismund by the said Hus in the town of Constance.

Finally, all the Prelates and Clergy assembled together in the Town of Prague, in the Archbishop his Court, where as appeared personally the worshipful master John Iesenitz, Doctor of decretals and procurer, in the name and behalf of the honorable man master John Hus, requiring that either the said master John Hus, or that he in the name and behalf of him, might be suffered to come into the said Archbishops Court, to the presence of the Archbishop, and the Prelates which were there congregated together, for so much as master John Hus is ready to satisfy all men which shall require him to show any reason of his faith or hope, which he holdeth, and to see and hear all and singular, which were there gathered together, that is to say, the Lord Archbyshop and Prelates, or any of them, which would lay any manner of obstinacy, or error, or heresy unto him, that they should there write in their names, and according both unto God's law and man's, and the Canon law, prepare themselves to suffer like punishment, if they could not lawfully prove any obstinacy of error or heresy against him: unto whom altogether he would, by God's help, answer before the said Archbyshop and the Prelates in the next general Council holden at Constance, and stand unto the law, and according to the Canons and Decretals of the holy Fathers, show forth and declare his innocence in the name of Christ: Unto the which master John of Iessenetz Doctor, one called Ulricus Swabe of Swabenitz, Marshall of the said Archbyshop, coming forth of the said Court, did utterly deny unto the said master Doctor and his party all manner of ingress and entrance into the Court, and to the presence of the Archbishop aforesaid, and of the Prelates there gathered together. Pretending that the Archbyshop, with the Prelates aforesaid, were occupied about the Kings affairs, requiring the said master Doctor, that he would tarry in some place without the said Court, that when the Archbyshop and the Prelates had finished the Kings affairs, he might then return, and have liberty to come into the Court there. The said master John Hus, and the Doctor of law tarried a while, entreating to be admitted into the Archbishops Courte. But seeing he could prevail nothing, he made there a solemn protestation of his request, that both he and also master John Hus and his part, could not be suffered to come into the Archbishops Court, to the presence of the Archbyshop and the Prelates. Requiring of the foresaid Notarie, public instruments to be made of the same, which also was done.

And these were the things which were done, before John Hus took his journey to the general Council of Constance, the which I minded briefly to rebarse, whereunto I will also annex somewhat, as touching his journey thetherwards.

About the Ides of October 14.14. John Hus being accompanied with two noble Gentlemen, that is to wit, Wencelat of Duba, and John of Clum, he parted from Prague, and took his journey towards Constance. And in every place as he passed, he notifyed his presence by his letters which he sent abroad, and especially in every good town or city of name, the tenor whereof ensueth.

In all Cities as he passed by, and principally when he was parted out of Boheme, and entered into Almaine, a great number of people did come unto him, and he was very gently received and entertained of his hosts thorough all the towns of Germany, and specially of the Citizens and burgeses, and oftentimes of the Curates. Insomuch, as the said Hus did confess in a certain Epis • le, that he found in no place so great enemies as in Boheme. And if it happened that there were any brute or noise before of his coming, the streets were always full of people, which were desirous to see John Hus and gratify him: and amongst all other specially at Nurremberge, where as certain Merchaunts which went before, certified the Citizens of his coming. In the same City there were many Curates which came unto him, desiring that they might talk with him secretly apart, unto whom he answered, that he loved much rather to pronounce and show forth his mind and opinion openly before all men, than in huggermugger, for he would keep nothing close nor hidden. So after dinner until it was night, he spake before the Priests and Senators, and diverse other Citizens, insomuch that they all had him in great estimation and reverence one only doctor except, which was a Charterhouse Monk, and the Curate of Saint Sebaulde, which did improve all that he had said.

The twentieth day after that, he parted out of the town of Prague, which was the third day of November, he came unto Constance, and lodged at an honest matrons house being a widow named Faith, in saint Galles street.

The morrow after, the Gentleman master John de Clum, and master Henry Latzemboge, went to speak with the Pope, and certified him, that John Hus was come, whom they had brought to Constance to the general Counsel, under the Emperor his safe conduict, desiring him also that he on his part would grant the said John Hus liberty to remain in Constance, without a • ue trouble, vexation, or interruption: unto whom, the Pope answered, that albeit that John Hus had killed his brother, yet would he go about as much as in him lay, that no outrage or hurt should be done unto him, during his abode in the town of Constance.

In this mean time, the greatest adversary that John Hus had, named master Stephen Palletz, the which was also a Bohemian, was come unto Constance. But his companion master Stanislaus Znoma, was not yet passed the borders of Boheme, when he was stricken with an impostume, whereof he died. As soon as the said Palletz was come to Constance, he did associate unto him one Michael de Causis, the which had before falsely accused and blamed the said John Hus. And this may not be forgotten, that the said Palletz had been familiarly conversant and acquainted with the said John Hus from his youth upward, but after that there was a bull brought unto Prague from Pope John the 23. against the king of Apulia, named Ladislaus, the said John Hus withstood it openly, for so much as he saw that it was wicked and naught.

And as touching the said Palletz, albeit that he had confessed at a certain banquet in the presence of the said John Hus that the said Gull was contrary to all equity & right: yet notwithstanding forsomuch as he was obliged & bound unto the Pope by means of certain benefices received at his hand, he maintained and defended the said bull against John Hus. And this was the cause of the discord and falling out between thē. As for Michael de Caulis the companion of master Palletz, he was sometime the Curate of new Prague, but he not being content therewith, but seeking after a further pray, dreamed and imagined out a new denise how to attain unto it, for he made a semblaunce that he had found out a new invention or mean, whereby the mines of gold in Gilory, which were perished and lost, might be renewed and set on work again. By this means he did so much with the king wenceslaus, that he did put a great sum of money into his hands, to do that withal which he had promised.

This honest man after he had labored and traveled certain days about it, and perceiving that he brought nothing to pass, and that by that means he was utterly in despair of his purpose, he conveyed himself privily out of the Realm of Boheme with the rest of the money, and withdrew himself as a worthy bird for such a nest, into the court of Rome. Such a man of such conditions was easily corrupt with money, and that by the adversaries of the said Hus, & promised thē to do what he could for them, the which he did shortly after. The two • olly roisters Stephen Palletz, & Michael de Causis drew out certain articles against y ^e said Hus, saying that they had gathered them out of his own writings, and specially out of his treatise, which he had written of the Church. They troited up & down, hither & thither, taking great pains to show the said articles unto the Cardinals, Bishops, Monks, and such others of that sort, doing them also to understand, that there were other matters of greater importance which the said I. Hus had committed and done against the holy constitutions and other ordinances of the Pope and the Church: which if need were, they said they would propound before y ^e Council. Through y ^e kindling of this their fire, they did so incense the Cardinals & all the Priests, that all they with one mind and consent thought to cause the good man to be taken and laid hands on.

The 26. day after the said Hus was come to Constance, during all which tune, he was occupied in reading, writing, and familiar talk with his friends, the Cardinals which through the instigation and motion of Palletz and Michael de Causis, sent two Bishops, to wit, the Bishop of Augusta, and of Trident, and with them the Borowmaister of the town of Constance, and a certain knight, to the place where John Hus lodged about dinner time, which should make report unto him, that they were sent by the Pope and his Cardinals, to advertise him that he should come to render some knowledge or witness of his doctrine before them, as he had oftentimes desired, and that they were ready for to hear him.

Unto whom John Hus answered, I am not come for no such intent, as to defend my cause particularly before the Pope & his Cardinals: protesting y ^t I never desired no such thing, but that I would willingly appear before the whole assemble of the Council, and there answer for my defense openly, without any fear or doubt, unto all such things as should be demanded or required of me. Notwithstanding said he, forasmuch as you require me so to do, I will not refuse to go with you before the Cardinals. And if it happen that they evil entreat or handle me: yet nevertheless I trust in my Lord Jesus, that he will so comfort and strengthen me, that I shall desire much rather to die for his glory sake, then to deny the verity and truth which I have learned by his holy scriptures. Wherefore it came to pass that the Bishops being instant upon him, and not showing any outward semblance, that they bare any malice or hatred against him in their harts, albeit they had privily laid garrisons both in the house, where they were assembled, and also in other houses: John Hus took his horse which he had at his lodging, and went unto the Court of the Pope and the Cardinals.

When he was come thither and had saluted the Cardinals, they began to speak to him in this sort: we have heard many reports of you, the which if they be true, are in no case to be suffered. For mē say that you have taught great and manifest errors, and contrary and against the doctrine of the true Church, and that you have sowed your errors abroad through all the Realm of Boheme, by a long space or time, wherefore we have caused you to be called hither before us, that we might understand and know how the matter standeth.

Unto whom John Hus answered in few words: Reverend fathers, you shall understand y ^t I am thus minded and affectioned, that I would rather choose to die, then I should be found culpable of one only error, much less of many & great errors: for this cause I am the more willingly come unto the general Council which is here appointed, to show myself ready even with all my heart to receive correctiō, if any man can prove any errors in me. The Cardinals answered him again, that his sayengs pleased them very well, and upon that they went their way, leaving the said John Hus with master John de Clum, under the gard and keeping of the armed men.

In the mean season, they did suborn and furnish out a certain divine, a Frier Franciscane, a subtle and crafty man, and a malicious hypocrite, for to question with the said John Hus, which was compassed round about with armed men. This man drawing near, in his monkishe gesture, said: Reverend master, I a simple and rude idiot am come unto you for to learn, for I have hard many strange and contrary things against y ^e catholic faith, to be ascribed unto you, the which do diversely move my mind, being wholly inclined to the truth. Wherefore I do desire you, even for the love which you hear unto y ^e truth, and to all good and godly men, that you would teache me most simple and miserable mā, some certainty and truth. And first men say that you hold opinion after the consecration and pronunciation of the words in the Sacrament of the altar, there remaineth only material bread. I. Hus answered, that it was falsely attributed and imputed to him. Then said he: I pray you is not this your opinion? No verily said John Hus, I do not so think of it. When the Monk asked this question the third time, Master John de Clum being somewhat moved with him, said: why art thou so importunate upon him? Verily if any man had affirmed or denied anything unto me but once, I would have believed him. And thou, albeit he hath shown thee his mind so often, yet ceasest not to trouble him. Then said the Monk: gentle master I pray you pardon me a poor idiot and simple Frier, surely I did it of a good mind & intent, being willing & desirous to learn. This Frier put forth another question unto him, protesting his simplicity and ignorance, what manner of unity of the Godhead & manhood was in the person of Christ? When I. Hus had heard this questiō, he turned himself unto Master John de Clum in the Bohemian language said: truly this Frier is not simple as he doth pretend, for he hath propounded unto me a very hard question. And afterward turning himself to y ^c frier, he said unto him: brother, you say that you are simple, but as I have heard of you, I perceive very well, that you are double and crafty, & not simple. It is not so verily said the frier. Well, said John Hus, I will cause you well to understand that it is so: For as touching the simplicity of a man, it is required in things that concern ciulitie & manners, that the spirit, the understanding, the heart, the words, & the mouth should agree together, and I do not perceive that this is in you. There is in your mouth a certain semblance of simplicity, the which would very well declare you to be an idiot and simple, but your deeds show plainly and evidently a great subtlety and craft in you, with a great quickness and liuelines of wit, in that you have proponed unto me so hard and difficult a question.

Notwithstanding I will not fear to show you my mind in this question. And when he had made an end, the Monk gave him great thanks for his gentleness and so departed. After that, the Popes garrison which were about the said John Hus, told him, that this frier was called Master Didace, who was esteemed and counted the greatest and most subtle divine in all Lumbardy. Oh said Hus that I had known that afore, I would have handled him after another sort and fashion, but I would to God they were all such, then through the help and aide of the holy Scriptures, I would fear none of them. In this manner the said Hus and master John de Clum, were left under the keeping of these men of Arms, until four of the clock at after noon. After which time the Cardinals assembled again in the Popes Court, to devise and take counsel what they should do with John Hus. Then Stephen Palletz & Michael de Causis, with diverse other of their adherents, made earnest suit that he should not be let go at liberty again, and having the favor of the judges on their part, they bragged up and down in a manner as they had been mad men, and mocked the said John Hus: saying, now we will hold thee well enough, thou art under our power and jurisdiction, and shalt not depart, until such time as thou hast paid the uttermost farthing.

A little afore night, they sent f Prouost of the Romain court unto M. John de Clum, to show him that he might return to his lodging, for as for I. Hus, they had otherwise provided for him, whē M. John de Clum hard these news, he was wonderfully displeased, forsomuch as through their crafts, subtleties & glossing words, they had so trained this good man into their snares, whereupon he went unto t Pope, declaring unto him all that was done, most humbly beseching him, that he would call to remembrance the promise which he had made unto him and master Henry Latzembog, and that he would not so lightly falsify and break his faith and promise. The Pope answered that all these things were done without his consent or commandment, and said further to master Clum apart, what reason is it that you should impute this deed unto me, seeing that you know well enough that I myself am in the hands of these Cardinals and Bishops?

In mine opiniō, for so much as Pope John feared that, which in deed did after follow, that he should be deprived of his dignity, he thought to win the favor of these Herodian Cardinals and Bishops, by betraieng this good man unto thē. So the said M. Clum returned very pensifull & sory: he complained very fore both privily & openly, of the injury and outrage that the Pope had done, but all profited nothing. After this, the said I. Hus was led by the officers to the chapter house of the great Church of Constance, where he was kept prisoner by the space of right days, frō thence he was carried unto the Iacobines, hard by the river of Rhine, and was shut up in the prison of the Abbey, the which was hard by the Bogardes.

After he had been enclosed there a certain time, he fell sore sick of an agew, by means of the stench of the place, and became so weak, that they despaired of his life. And for fear least this good mā should die in prison, as others are wont to do, the Pope sent unto him certain of his Physicians for to cure and help him. In the midst of his sickness his accusers made importunate suit to the principals of the Council, that the said John Hus might be condemned, and presented unto the Pope, these Articles here vnderwritten.

Upon this his accusation, they ordained and appointed 3. commissioners or judges, that is to say, the patriark of Constantinople, and the bishop of Castle, & the bishop of Lybusse. The which prelates being thus deputed, hard the accusation & the witness which was brought in by certain babbling priests of Prague, confirmed by their oaths, & afterward recited the said accusation unto the said Hus in the prison, at such time as his ague was fervent and extremely vpō him.

Uppon this John Hus required to have an advocate to answer for him, the which was plainly and utterly denied him. And the reason that the masters Commissioners brought against it was this, that the plain canon doth forbid that any man should be a defender of any cause of his, which is suspect of any kind of heresy: The vanity and folly of the witnesses was such, that if in case they had not been both the accusers and judges themselves, there should have needed no distinct confutation. I would have rehearsed the testimonies in this place but that I knew them to to be such, as the prudent and wise reader could not have red without great tediousness. Nowheit some of them shall be declared, when we come to the process of his judgment.

Afterwarde, when John Hus had recovered little strength or health by the commandment of the three commissioners there was presented unto him certain Articles, many in number, which they said they had gathered out of his book which he made of the Church: of which articles some were forged and invented by master Palletz, & other some were gathered only by halves, as shall be more plainly declared hereafter whē we come to speak of the judgment pronounced and given against the said Hus.

Thus John Hus remained in the prison of the convent of the Franciscans, until the Wednesday before Palme Sunday, and certain appointed to keep him, and in the mean season to employ and spend his time withal, he wrote certain books: That is to say, of the ten commandments, of the love and knowledge of God, of Matrimony, of Penaunce, of the three enemies of mankind, of the prayer of our Lord, and of the Supper of our Lord.

The same day Pope John the 23, changed his apparel & conucyed himself secretly out of Constance, fearing the judgment by the which afterward he was deprived of his Papal dignity, by means of most execrable & abhominable forfaites and doings. This was the cause that John Hus was trāsported and carried unto another prison: for the Popes servants which had the charge and keeping of John Hus, understanding that their Master was fled & gone, delivered up the keys of the prison unto the Emperor Sigismund, and to the Cardinals, and followed their Master the Pope. Then by the whole consent of the Council, the said John Hus was put into the hands of the Bishop of Constance, who sent him to a Castle on the other side of the River of Rhine, not very far from Constance, whereas he was shut up in a Tower, with fetters on his legs, that he could scarce walk in the day time, and at night he was fastened up to a rack against the wall hard by his bed.

In the mean season certain noble men and Gentlemen of Pole & Boheme, did all their endeavor to purchase his deliverance, having respect to the good renown of all the Realm, the which was wonderfully defamed and slandered by certain naughty persons. The matter was grown unto this pointe, that all they which were in the town of Constance, that seemed to bear any favor unto I. Hus, were made as mockyng stocks, and derided of all men, yea even of the slaves and base people. Wherefore they took counsel and concluded together to present their request in writing unto the whole Council, or at the least unto the four nations of Almaine, Italy, France, and England: this request was presented the 14. day of May. an. 1415. The tenor here ensueth.

As soon as this their supplication was red, y ^t bishop of Luthonis rising up said. Most reverend fathers I well perceive and understand that the last part of this writing doth touch me, my familiars & friends, as though y ^e kingdom of Boheme were slandered by us. Wherefore I desire to have time & space of deliberation that I may purge myself from this crime that is laid against me. The principal of the counsel appointed him y ^e 17. day of May, at y ^e which day the lords of Boheme should be present again, to hear both the answer of the council, and also the excuse of the bishop of Luthonis, y ^• which thing in deed was afterward performed: for the 17. day of May, which was the 4. day before the whitsontide they met there again, where first of all a certain bishop in y ^e name of the whole council answered by word to the nobles of Boheme, the contents of whose answer may easily be known by the second supplication, which the Bohemiams put up to y ^e council. But first I have here in these few words following, shown how the bishop Luthonis defended himself against that which is before written.

Thys declaration of the nobles of Boheme above prefixed, may serve not only to the cōfutation of the bishop Luthonius this Bohemian, but also against the cauillacious of Alanus Copus Anglus. Dial. 6. pag. 929. touching the safe conduct of John Hus, whereof sufficiently before hath ben said, vide supra, pag. 596.

When as the noble men of Boheme by long time could receive no answer of those supplications, which they had already put up, they determined y ^e last day of May following by another supplication being put up unto the principals of the council, to entreat that John Hus might be delivered out of prison, and defend his own cause openly: they also put the testimonial of the bishop of Nazareth, as touching John Hus. The copy whereof is expressed in the beginning of this history, word by word.

After this supplication was read before the deputies of the 4. nations, the Patriarch of Antioch answered in the name of them all unto every article of the said supplication, but it was done in few words.

First, as touching the protestation of John Hus, whether it be true or false, it shall be made evident in the process of his cause. Moreover, whereas they say that the adversaries of John Hus hath perversely drawn certain things out of his books, that also the matter it self shall declare in the end. Whereas if it shall be found & decreed that John Hus is unjustly & untruly accused, that thē it shall come to pass, y ^t his adversaries shall incur perpetual ignominy and slander. But as touching sureties, albeit there might be a thousand put in or bound, yet can it not by any means be, that the deputies of the Council with a safe conscience may receive or take them in this man's cause, unto whom there is no faith or credit to be givē. Howbeit thus much they will do, upon the 5. day of June next, John Hus shall be brought again unto Constance, and there have free liberty to speak his mind before the Council, & that they would lovingly and gently hear him: but the matter in the ende fell out far contrary to this promise.

The same day the said Barons and Lord's presented a supplication of this tenor unto the Emperor:

But what answer the Emperor made hereunto, we could never understand or know, but by the process of the matter a man may easily judge, that this good Emperor was brought and lead even unto this point, through the obstinate mischief of the cardinals and bishops, to break and falsify his promise and faith, which he had made and promised, and this was their reason, whereby he was driuenthereunto: that no defense could or might be given either by safe conducte, or by any other mean unto him, which was suspected or judged to be an heretic. But by the Epistles and letters of John Hus, a man may easily judge: what the kings mind was. Now we will proceed in the history.

The 5. day of June, the Cardinals, Bishops, and the rest of the priests, all that were almost in Constance, assembled to a great number, at the Convent of the Franciscans in Constance, and there it was commanded, that before John Hus should be brought forth, in his absence they should rehearse the witnesses and articles, which they had slanderously gathered out of his books: the which articles with John Husses answer we will hereafter repeat. By chance there was then present a certain. Notary, named Peter Mladoniewitz, the which bare great love and amity unto the said Hus, who as soon as he perceived that the Bishops and cardinals were already determined and appointed to condemn the said articles in the absence of John Hus, he went withal speed unto master Wencelate de Duba, and John of Clum, & told them all the matter: who incontinent made report thereof to the Emperor. Who understanding their intent, sent Louis the County Palantine of Heydelberge, and the Lord Frederick, Burgraue of Nuremberge, to signify unto them, which ruled the council, that nothing should be resolved or done in the case of John Hus, before that it wer first heard with equity: and that they should send him all such articles as were said against the said Hus, which were either false or heretical, & he would do so much, that the said articles should be examined by good and learned men. Then according to the Emperors will, the judgment of the principals of the Council was suspended, until such time as John Hus were present.

In the mean season these gentlemen, master of Dube and of Clum, did give unto the two Princes which the Emperor had sent, certain small treatises which the said Hus had made, out of y ^e which they had drawn certain articles to present unto them which ruled the council, under this condition, that they would render them again, when they should demand them. The intent & meaning of these Barons was, y ^t by this means the adversaries of John Hus might y ^e more easily be reproved, y ^e which of a naughty and corrupt conscience, had picked out corrupt sentences out of the said books of John Hus. The books were delivered unto the Cardinals and Bishops, and that done, John Hus was brought forth, and the Princes which were sent by the Emperor, departed back again. After they shown the books unto John Hus, and he confessed openly before the whole assembly that he had made them, & that he was ready, if there were any fault in thē, to amend the same.

Now hearken a little to the holy proceedynges of these reverend fathers, for here happened a strange & shameful matter. With much a do they had scarcely read one article, & brought forth a few witnesses vpō the same against him, but as he was about to apen his mouth to answer, all this mad heard or flock begā so to cry out upon him, that he had not leisure to speak one only word. The noise & trouble was so great and so vehement, that a man might well have called it a brute or noise of wild beasts, and not of men, much less was it to be judged a cōgregatiō of men gathered together, to judge and determine so grave and weighty matters. And if it happened that the noise and cry did never so little cease, that he might answer anythyng at all, out of the holy Scriptures or Ecclesiastical Doctors, by and by he should here these goodly replies upon him: That maketh nothing to the purpose.

Beside all this, some did outrage in words against him, & other some spitefully mocked him: so y ^t he seeing him self overwhelmed with this rude and barbarous noises & cries, & that it profited nothing to speak, he determined finally with himself to hold his peace & keep silence. Frō that time forward all the whole route of his adversaries, thought that they had won y ^e battle of him, and cried out altogether, now he is dūme, now he is dumb. This is a certain sign and token, that he doth consent & agree unto these his errors. Finally, the matter came to this point, that certain of the most moderate & honest among thē, seeing this disorder, determined to proceed no further, but that all should be deferred & put of until another time. Through their advise the Prelates & others departed frō the Council for that present, & appointed to meet there again the morrow after to proceed in judgment.

The next day, which was the vii. of June, on which day the sun was almost wholly eclipsed, somewhat after about vii. of the clock, this same flock assembled again in the cloister of the Friers Minors, and by their appointment John Hus was brought before them, accompanied w ^t a great number of armed men. Thether went also the Emperor, whom the gentlemen, master of Dube, & Clum, and the Notarie named Peter, which were great friends of the said Hus, did follow to see what the end would be. When they were come thither, they heard that in the accusation of Michael de Causis, they read these words following: John Hus hath taught the people diverse and many errors both in the chapell of Bethlehem, and also in many other places of the City of Prague, of the which errors some of them he hath drawn out of Wickleffs books, and the rest he hath forged and invented of his own head, and doth maintain the same very obstinately and stiffly.

First, that after the consecration and pronunciatiō of the words, in the supper of the Lord, there remaineth material bread, and this is proved by the witness of John Protiwate parish Priest of s. Clements in Prague, John Pecklow preacher at s. Giles in Prague, Benise preacher in the castle of Prague, Andrew Brod, Chanon of Prague, and diverse other Priests. Unto this John Hus taking a solemn oath, answered that he never spake any such word, but thus much he did grant, that at what time the Archbishop of Prague forbad him to use anymore that term or word bread, he could not allow the bishops commandment: for so much as Christ in the 6. chapter of John doth oftentimes name himself the bread of angels, which came down from heavē, to give life unto the whole world. But as touching material bread, he never spake anything at all. Then the Cardinal of Cambray taking a certain bill in his hand, which he said he received the day before, said unto John Hus, will you put any vniversalities a parte rei.i. as touching the thing? When John Hus answered, that he would, because S. Anselm, and diverse other had so done, the Cardinal did proceed to gather his argument in this manner.

It followeth then, said he, that after the consecration is made, there remaineth the substance of material bread, & that I do thus prove: That the consecration being done, whiles the bread is changed & transubstanciated into the body of Christ, as you say, either there doeth remain the common substance of material bread, or contrariwise. If the substance do remain, then is our purpose at an end. If contrariwise, then doth it follow, that by the decision of the singularity, the universal ceaseth anymore to be, John Hus answered, truly it ceaseth to be in this singular material bread, by means of this trāsubstantiatiō, whē as it is changed & transubstanciated into the body of Christ: but notwithstanding in other singularities, it is made subject.

Then a certain English man by y ^t argument would prove out of the first positiō, that there remained material bread. Then said John Hus, that is a childish argument, which every boy in the schools knoweth, and thereupon gave a solution. Then another English man would prove, that there remained material bread in the sacrament, because the bread after the consecration was not annihilate. Unto whom John Hus answered: Although, said he, that the bread be not annihilate or consumed, yet singularly it ceaseth there to be by means of the alteration of his substance into the body of Christ. Here another English mā, stepping forth, said: John Hus seemeth unto me, to use the same kind of crafty speech, which Wycliffe used, for he granted all these things, which this man hath done, & yet in very deed was fully persuaded that material bread remained in the sacrament after the consecration. The which when John Hus had denied, saying that he spake nothing but only sincerely & uprightly, according to his conscience, the English man proceeded to demand of him again, whether the body of Christ be totally and really in the sacrament of the altar. Wherunto John Hus answered: verily, I do think that the body of Christ is really and totally in the sacrament of the alter, the which was borne of the virgins Mary, suffered, died, & rose again, and sitteth on the right hand of God the father almighty. When they had disputed a good while to and froe, as touching vniuersalities, the English man which before would prove that material bread remained in the sacrament, because that the bread was not annihilate, interrupting and breaking their talk, said: to what purpose is this disputation upon vniuersalities, the which maketh nothing to the purpose, as touching faith: for as far as I can perceive or here, this man holdeth a good opinion, as touching the Sacrament of the altar.

Then another English man, named Sto • kes, said: I have seen at Prague (said he) a certain treatise, the which was ascribed unto this man John Hus, wherein it was plainly set forth, that after the consecration, there remained material bread in in the Sacrament. Verily said John Hus, saving your reverence, that is not true.

Then they returned again unto the witnesses of them which were spoken of a little before, who every mā for himself affirmed with an oath, that which he had said. Amongest whom John Protyway parish priest of S. Clemēts in Prague, whē he should come to confirm his testimony, added more, that John Hus should say, that S. Gregory was but a rimer, whē he did allege his athoritie against him. Unto whō John Hus answered, that in this point they did him great injury, for so much as he always esteemed and reputed S. Gregory for a most holy doctor of the Church.

These contentions and disputations being somewhat appeased, the Cardinal of Florence turned himself toward John Hus, & said: Master, you know well enough that it is written that in the mouth of two or three witnesses all witness is firm and stable: and here you see now almost 20. witnesses against you, men of authority & worthy of credit, amongst the which some have heard you teach these things themselves, the other by report & common brute or voice, do testify of your doctrine, and altogether generally bring firm reasons & proofs of their witness, unto the which we are forced & constrained to give credit, and for my part I see not howe you can maintain & defend your cause against so many notable & well learned men. Unto whom John Hus answered in this manner: I take God and my conscience to witness, y ^t I never taught anything, neither was it ever in my mind or fantasie to teach in such sort or manner, as these men here have not feared to witness against me, that which they never heard. And albeit they were as many more in mumber as they are, for all that, I do much more esteem, yea and w ^t out comparison regard the witness of my Lord God, before the witness and judgment of all mine adversaries, upon whom I do in no point stay myself. Then said the Cardinal again unto him, it is not lawful for us to judge according to your conscience, for we cannot choose, but that we must needs stay our selves upon the firm & evident witness of these men here. For it is not for any displeasure or hatred that these men do witness this against you (as you do allege) for they allege and bring forth such reasons of their witness, that there is no man that can perceive any hatred in them, or that we can in any case be in dout thereof. And as touching M. Stephen Paletz, whereas you say, you do suspect him that he hath craftly & deceitfully drawn out certain points or articles out of your books for to betray them afterward: It seemeth that in this point you do him great wrong, for in mine advise he hath used and shown a great fidelity and amity toward you, in y ^t he hath alleuiated and moderated many of your articles much more then they are in your own books. I understand also that you have like opinion of diverse other notable men, and specially you have said, that you do suspect M. Chancellor of Paris, then whom there is no more excellent and Christian man in all the whole world.

Then was there read a certain article of accusation in y ^e which it was alleged that John Hus had taught & obstinately defended certain erroneous Articles of Wicliffes in Boheme. Whereunto Hus answered, that he never taught any errors of John Wycliffe's, or of any other man's. Wherefore if it be so that Wycliffe: have sowed any errors in England, let the English men look to y ^e themselves. But to confirm their article, there was alleged that John Hus did withstand the condemnation of Wycliffe's articles, the which was first condemned at Rome, & afterward also, whē the Archb. Swinco with other learned men, held a convocation at Prague for y ^e same matter, when as they should have been there condemned for this cause, that none of them were agreeing to the Catholic faith or doctrine, but were either heretical, erroneous or offensive: he answered that he durst not agree thereunto, for offending his conscience, and specially for these Articles: that Sylvester the pope and Constantine did err in bestowing those gret gifts & rewards vpō y ^e church Also that the pope or Priest being in mortal sin, cannot consecrate nor baptize. This article said he, I have thus determined, as if I should say that he doth unworthily consecrate or Baptise, when as he is in deadly sin, and that he is an unworthy minister of the Sacraments of God. Here his accusers, with their witnesses, were earnest and instant, that the article of Wycliffe was written by the very same words in the treatise which John Hus made against Stephen Paletz. Verily said John Hus I fear not to submit myself, even under the danger of death, if you shall not find it so, as I have said. When the book was brought forth, they found it written as John Hus had said. He added also moreover that he durst not agree unto them which had condemned Wycliffe's articles, for this Article: the tenths were pure alms.

Here the Cardinal of Florence objected unto him this argument, as touching y ^e alms: it is required that it should be givē freely without bond or duty. But tenths are not given freely without bond or duty: therefore are they no alms. John Hus denying the Major of this Sillogismus brought this reason against him. For so much as rich men are bounden under the pain of eternal damnation, unto the fulfilling of y ^e 6. works of mercy, which Christ repeteth in the 25. chap. of Matthew: and these works are pure alms: Ergo, alms is also given by bond & duty. Then an Archbishop of England stepping up, said, if we all be bound unto those 6. works of mercy, it doth follow that poor men, which have nothing at all to give, should be damned. I answer, said Hus, unto your antecedent, that I spake distinctly of rich men, and of those which had where withal to do those works: they I say were bound to give alms under pain of damnation.

He answered moreover unto the Minor of the first argument, that tenths were at first given freely, and afterward made a bond and duty. And when as he would have declared it more at large, he could not be suffered. He declared also diverse other causes, why he could not with safe conscience, consent unto the condemnatiō of Wycliffe's articles. But how soever the matter went he did affirm & say, that he did never obstinately confirm any Articles of Wickleffes, but only that he did not alow and consent that Wycliffe's Articles should be condemned before that sufficient reasons were alleged out of the holy Scripture for their condemnation, & of the same mind, saith John Hus are a great many other Doctors and masters of the University of Prague. For when as Swinco the archbishop commanded all Wycliffe's books to be gathered together in the whole City of Prague, and to be brought unto him, I myself brought also certain books of Wycliffe's, which I gave unto y ^t Archbishop desiring him y ^t if he found any error or heresy in them that he would note and mark thē, and I myself would publish them openly. But the archbishop, albeit that he shown me no error nor heresy in them, burned my books together with those that were brought unto him, notw ^t standing that he had no such commandment from Pope Alexander the fifth of that name. But notwithstanding by a certain policy he obtained a Bull from the said Pope by means of Iaroslaus Bishop of Sarepte of the order of Franciscans, that all Wickleff • s books for the manifold errors, contained in them (whereof there was none named) should be taken out of all men's hands.

The archb. using the authority of this Bull, thought he should bring to pass that the king of Boheme and the Nobles should consent to the condemnation of Wycliffe's books, but therein he was deceived. Yet nevertheless he calling together certain deuines, gave them in cōmissiō to sit upon Wycliffe's books and to proceed against them by a diffinitiue sentence in the Canon law. These men by a general sentence judged all those books worthy to be burned. The which when the Doctors, Maysters and Shollers of the university heard report of, they altogether with one consent & accord (none excepted but only they, which before were chosen by the Archbishop to sit in judgment) determined to make supplication unto the king to stay the matter. The king granting their request, sent by and by certain unto the Archbishop to examine the matter. There he denied that he would decree any thing as touching Wickleffes books contrary unto the kings will & pleasure. Wherupon, albeit that he had determined to burn thē the next day after, yet for fear of the king, the matter was passed over.

In the mean time Pope Alexander the fifth being dead, the Archbishop fearing least the Bull which he had received of the pope, would be no longer of any force or effect, privily calling unto him his adherents, and shutting the gates of his Court round about him, being guarded w ^t a number of armed soldiers, he consumed and burned all Wycliffe's books. Beside this great injury the Archbyshop by means of his Bull aforesaid, committed another less tolerable. For he gave out commandment that no man after that time under pain of excommunication should teach anymore in Chapels. Wherunto I did appeal unto the Pope, who being dead, and the cause of my matter remaining undetermined, I appealed likewise unto his successor John 23. Before whom when as by the space of 2. years, I could not be admitted by my advocates to defend my cause, I appealed unto the high Judge Christ. When I. Hus had spoken these words, it was demanded of him whether he had received absolution of the pope or no he answered, no. Then again whether it were lawful for him to appeal unto Christ or no. Whereunto John Hus answered: Verily I do affirm here afore you all that there is no more just or effectual appeal, then that appeal which is made unto Christ, for as much as the law doth determine that to appeal is no other thing then in a cause of grief or wrong done by an inferior judge, to implore and require aid and remedy at a higher Judges hand. Who is then an higher Judge then Christ? Who I say cā know or judge the matter more justly or with more equity? when as in him there is found no deceit, neither can he be deceived: or who can better help the miserable & oppressed thē he? While John Hus with a devout and sober countenance was speaking and pronouncing those words, he was derided and mocked of all the whole council.

Then was there rehearsed another Article of his accusation in this manner: that John Hus for to confirm the heresy which he had taught the common and simple people out of Wickleffes books, said openly these words, that at what time a great number of Monks and Friers and other learned men, were gathered together in England in a certain Church, to dispute against John Wycliffe, & could by no means vanquishe him or give him the foil, suddenly the church door was broken open with lightning so that with much a do Wickleffes enemies hardly scaped without hurt. He added moreover that he wished his soul to be in the same place where John Wickleffes soul was. Whereunto John Hus answered: that a douscine years before that any books of Divinity of John Wickleffes were in Boheme, he did see certain works of Philosophy of his, the which, he said, did marvelous delight and please him. And when he understood the good and godly life of the said Wycliffe, he spake these words: I trust said he that Wycliffe is saved, and albeit that I doubt whether he be damned or no, yet with a good hope I wish that my soul were in the same place where John Wickleffes is. Then again did all the company jest and laugh at him.

It is also in his accusation that John Hus did counsel the people according to the example of Moses, to resist with the sword against all such as did gaynsay his doctrine. And the next day after he had preached the same, there were found openly in diverse places certain intimations that every man being armed with his sword about him, should stoutly proceed: and that brother should not spare brother, neither one neighbor another. John Hus answered that all these things were falsely laid unto his charge by his adversaries, for he at all times when he preached did diligently admonish, and warn the people, that they should all arm themselves to defend the truth of the Gospel, according to the saying of the Apostle, with the helmet and sword of salvation, and that he never spake of any material sword, but of that which is the word of God. And as touching intimations or Moses sword, he never had nothing to do withal.

It is moreover affirmed in his accusation and witness that many offenses are sprong up by the doctrine of Hus. For first of all he sowed discord between the Ecclesiastical and the politick state: whereupon followed the persecution, spoiling: and robbery of the Clergy & Bishops. And more over that he through his dissention, dissolved the university of Prague. Hereunto John Hus briefly answered that these things had not happened by his means or default. For the first dissention that was between the Ecclesiastical and political state, sprang and grew upon this cause, that pope Gregory the 12. of that name, promised at his election that at all times at the will and pleasure of the Cardinals: he would depart from, and give over his seat again: for under that condition he was elect and chosen. This man contrary and against Winceslaus king of Boheme, who was then also king of the Romans, made Louis Duke of Bavaria Emperor.

A few years after it happened that when as P. Gregory would not refuse and give over his seat and office at the request of the Cardinals, that the whole College of Cardinals sent letters to the king of Boheme requiring him, that together with them he would renounce & forsake his obedience unto pope Gregory, and so it should come to pass that by y ^e authority of a new Bishop he should recover again his imperial dignity. For this cause the king cōsēted to the will of y ^t Cardinals as touching a neutrality that is to say, that he would neither take part with Pope Gregory, neither yet with Benedict the xii. Bishop of Avigno, which was then named Pope as it doth appear by Chronicles. In this cause then, for so much as the archbishop Swinco with the Clergy, were against the king, and abstaining from the divine service many of them departed out of the Citty, and the archbishop himself breaking down the tomb of the Lord Wincelate contrary and against the kings will, did also take Wycliffe's books & burned them: thereupon the king without any gaynsaying suffered that certain goods of theirs, which of their own wills were fled away, should be spoiled, because they should not consent or accord with the bishop. Wherupon it is easy to be understanded and known, that John Hus was falsely accused for that matter. Howbeit a certain man one Naso rising up, said, the Clergy (said he) did not abstain from the divine service because they would not swear to consent unto the king, but because that they were spoiled and robbed of their goods and substance. And the Cardinal of Cambray, who was one of the Judges said: here I must say somewhat, which is come into my mind.

When as I came from Rome, the same year that these things were done, by chance I met on the way certain Prelates of Boheme. Whome when I demanded what news they had brought out of Boheme, they answered that there was happened a wonderful cruel and heinous fact, for all the Clergy were spoiled of all their substance and very ill entreated and handled. Then John Hus alleging the same cause which he did before, went forward unto the second part of the Article which was objected against him, denying also that it happened thorough his fault, that the Germaynes departed from the University of Prague. But when as the king of Boheme, according to the foundation of Charles the fourth, his father granted three voices unto the Bohemes, & the fourth unto the Germaynes whereat the Germaynes grudging, that they should be exemted from their voices, of their own accord departed & went their ways: binding themselves with a great oth and under a great penalty, both of their fame and also money, that none of them should return again unto Prague Notwithstanding: I am not ashamed to confess that I did approve and allow the doings of the king, unto whom of only I ow obedience for the commodity and profit of my country. And because you shall not think that I have spoken any untruth, here is present Albert Warren Tranius, which was deacon of the faculties, who had sworn to depart with the rest of the Germaynes: he, if that he will say the truth, shall easily clear me of this suspitiō.

But when as Albert would have spoken, he could not be heard. But the foresaid Naso, of whom before is made mention, after he had asked leave to speak, said, this matter do I understand well enough,