node. The Cardinall Vmbald by the commaundement of the pope and the councell, with a high and loud voyce pronouncing these wordes Domini ite in pace, which is, Lordes depart in peace, whereunto the standers by aunswered Amen.

Thus the Councell being dissolued, Frier Iohn byshop of Catthan by the consent and commaundement of the Pope and the Councell, went vp into the pulpet to make a Sermon, taking for this theame: Vos autē tristitiam habetis: iterum autem videbo vos, et gaudebit cor vestrum. You are now in sadnes: I wyl see you agayne, and then your hartes shall reioyce. The which collation being ended, an other Cardinall named Anthonye, was sent vp by the Pope and the Councell, with this proclamation, first to dismisse the Synode, and to geue euerye man leaue to depart home. Also to declare the Popes indulgēce vnto them, who by the autoritie of God almightie, had graunted to them all and euerye one present at that Councell, full absolution once in their lyfe, so that euery one within two monthes after the hearing of this indulgence should procure þ^e same in forme of writing. MarginaliaSmell here reader, thys made well for the popes purse.Also an other indulgence was graunted in like manner of plenary remission at the houre of death, and that was vnderstande aswell of the housholde, as of the maysters them selues. But vnder this condition, that from the tyme of notification of the same, they should fast by the space of one whole yeare euery friday, for the absolutiō in their life tyme. And for the absolution at the houre of death, to fast the same friday an other yeare, except they had some lawfull impediment to the contrarye, so that after the second yeare they shoulde fast vnto their lyues ende, or els to do some other good woorke. The whych being in this maner proclaymed, the Synode brake vp, and euery man departed home.MarginaliaEx paral pomeno Abbatis Vrsp.

MarginaliaThe number of prelates in the councell of Constance.The nomber of the Prelates assembled in this councell as is before mencioned, was. 3940. wherof the nomber of Archbishops and byshops was. 346.

Abbots and Doctors. 564.

MarginaliaCommon wemen in the councell of Constance.Besides common women, belongyng to the same Councell. 450.

Barbers. 600. Mynstrels, Cookes and Iesters. 320.

MarginaliaThe summe of 60500. straungers at the Councell of Constance.So that the whole multitude which were vewed to be in the Towne of Constance betwene Easter & Whitsontide, were nombred to be. 60500. straungers and forreners at that Councell.

MarginaliaThe generall councell aboue the Pope.Here is to bee noted, that in thys Councell of Constance, nothing was decreed or enacted woorthy of memory, but thys onely, that the Popes autoritie is vnder the Councel, & that the coūcel ought to iudge the Pope.

MarginaliaCommunion in both kindes denied by thys councell.And as touching the Communion in both kyndes, although the Councell did not denie, but that it was vsed by Christ and hys Apostels, yet notwithstanding by the same Councell it was decreed to the contrary.

Hetherto we haue comprehended the order and discourse of this counsell, with the actes and Sessions concerning the same: which councell although it was principally thought to be assembled, for quieting of the schisme betwene the iii. Popes: yet notwithstanding, a great parte therof was for the cause of the Bohemians, and especially for Iohn Hus: As appered by their preparation before the councell. For before the councell beganne, the Emperour Sigismund aforesayd sent certeine gentlemen Bohemians which wer of his own houshold, geuinge them in charge to bringe Iohn Hus Bacheler of Diuinitye, vnto the sayde councell, and that vnder his safe conduicte, the meaning and intent therof was, that Iohn Hus should purge and cleare himself of the blame which they had layd againste him: and for the more bet-ter assurance, the Emperour did not onely promise him safe conduict that he might come frely vnto Constance: but also to returne again into Boheme without fraude or interruption, he promised also to receiue him vnder his protection and vnder sauegard of the holy Empire. For the same onely cause the Emperour sent him afterwardes the sayd safe conduictes double written, both in Latin & Almaine, þ^e forme wherof doth hereafter ensue.

¶ Sigismunde by the grace of God kinge of the Romaines, of Hungary and Denmarke, Croatia. &c: To all princes aswell Ecclesiasticall as Seculer, Dukes, Marques and Earles, Barrons, Captaynes, Borowmaisters, Iudges and Gouernours, officers of townes, burgages and villages, and vnto all rulers of the cominalty, and generally to all the subiectes of our Empyre, to whom these letters shall come grace and all goodnes:MarginaliaThe safe conduct geuen to maister Iohn Hus.We charge & cōmaund you all, þ^t you haue respect vnto Iohn Hus, þ^e which is departed out of Boheme, to come vnto þ^e generall councell, þ^e which shalbe celebrate and holden very shortly at þ^e towne of Constaunce. The which Iohn Hus we haue receiued vnder our protection and safegard of the whole Empire, desiring you that you wil chearefully receiue him when he shall come towardes you, and that you intreate & handle him gently, shewing him fauour & good will, and shew him pleasure in all thinges, as touching þ^e forwardnes, ease and assurance of his iourney, as well by lande as by water. Moreouer we will that he and al his company with hys cariage & necessaries, shall passe throughout all places, passages, portes, bridges, landes, gouernances, Lordeshippes liberties, cities, townes, bourgages, castels and villages, and all other your dominions without paying of any manner of imposition or dane mony, peage, tribute, or anye other maner of tolle whatsoeuer it be: we will also that you suffer him to passe, rest, tarye, and to soiourne at liberty, without doyng vnto him any manner of impeachmente or vexation or trouble, and that if neede shall so require, you do prouide a faithfull cōpany to conduct him withall for þ^e honour & reuerence which you owe vnto our imperiall maiesty. Yeuen at Spire the xviii. of October, in the yere of our Lord God. 1414.

¶ By this it may appeare that this safe conduct was graunted not in þ^e time of þ^e Councell by þ^e Bishops, but before þ^e Councel by þ^e Emperour: who was or ought to be the principall ordeiner & directer of the Coūcell vnder God. Now whether þ^e bishops in breakyng & adnullyng this promise of the Emperour, agaynst the Emperours mynde, because the discussion therof belongeth Ad materiam iuris, non facti, beyng a matter rather of lawe thē of story, I will differ to reason this case with M. Cope, MarginaliaAlan. Copus pag. 929.to such tyme, as may be more conueniēt to the full tractation therof.

MarginaliaAnswere to Alanus Copus.Notwithstanding briefly to touch & passe, let vs consider part of þ^e reasons of þ^e said Cope, how friuolous and false they be, and easie to be refelled. What (saith he) if he preached by þ^e way cōming vp? First þ^t is false, vide infra pag. 718. What (saith he) if he stoode obstinate in his heresie? What if he sought to escape away after his cōming vp? To this þ^e lords of Boheme do answer, þ^t his safeconduct was brokē, & he imprisoned, not only before he attēpted to escape, or before he was condēned for an heretick, but also before he was heard of þ^e councel what he was. Vide infra pag. 718. Further, where Cope sayth þ^t the generall councell was aboue þ^e Emperour, & hath power in case of heresie to breake publik leages and grauntes: to that I say, that this safe conduct stode not onelye vpō themperor, but also vpon the consent of þ^e Pope himself, vide infra pag. 713. col. 2. An admit that to be true, that the councell had power to make this decree, to breake promise with heretickes: yet this cannot be denied, but that Iohn Hus was condēned & iudged before þ^e decree in the xix. session was made. Finally, when Cope hath proued