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737 [737]

K. Henry. 5. The councell of Constance. Jhon Hus.

present day, for he ceaseth not to moue and stirre vp the laitie, against the Clergy and faythfull Christians. And when any of the Clergy would draw him away, or call him from his heresy, and for that cause doth forbid hym to preach, that he doo not teach no heresies: Then sayth he, and teacheth, that the Clergy doth that of enuye and malice, because he rebuketh their vices and faultes: that is to say, their simonie and pride, and couetousnes.

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Moreouer, he stirreth vp the secular princes agaynst the prelates of churches, monasteries, and vniuersities, and generally against the whole Clergy. Going about by this meanes, he preacheth and teacheth that prelates and other men of the church ought not to haue any temporall goods or possessiōs, but onely to liue vpon almes. And by this meanes he hath done alreadye verye muche hurte, and anoyed diuers & many prelates, clarkes and churches in the kingdome of Boheme & citye of Prage. Forsomuch as therby they are already spoiled and robbed of their possessions. Yea, he teacheth also that it is lawful for the lay people without sinne, to withhold and keepe backe the tithes & oblations, or to geue the church goods to any other minister: all the secular princes are greatly inclined hereunto, but specially the layety, who followeth euery man hys own will.

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He hath generallye to laye for him selfe, all those heretickes which doo but verye smallye regarde the ecclesiastical censures, and hate the authority of the Romain churche, yea do vtterly detest and abhorre the same, the which thing will more and more encrese, except it be effectually and manfullye withstand, and if hee do by any meanes escape from the councell, he and his fauourers wil say that his doctrine is iust and true, MarginaliaCayphas prophicied.and that it is alowed by the authoritie of the vniuersall sacred Councell, and that all his aduersaries are wicked and noughty men, so that he would do more mischief, thē euer any hereticke did since the time of Constantinus Magnus.

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Wherfore most holy fathers prouide and take heede to your selues, & to the whole flocke, amōgest whom the holy Ghost hath placed you to rule the church of Christ, MarginaliaMaister Palletz lyeth, for the holy ghost had no leasure to come to the councell.the whiche he hath purchased with his owne bloud, and whilest the disease is new and freshe, helpe and remedy it, as well touchyng him whiche doth so infect and trouble the churche of God, as also concernyng the occasiōs, thorow the whiche he hath presumed, and might do the same: because the Prelates do abuse the Ecclesiasticall censures, and as well the Prelates as those that are vnder them do not kepe and obserue the order of the church which is appoynted them by God, whereby it commeth to passe, that whilest they themselues do walcke the broken and vnknowne pathes, their flocke falleth hedlonge into the ditche.

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Wherefore let our soueraygne Lord the Pope, and this most sacred councell ordeine and depute commissioners, the which may examine the sayd Iohn Hus vpon all afore written, and other things in the presence of thē which know the matter. Let there be also certayne doctors and maisters appointed to rede ouer and peruse his bookes which hee hath wrytten, whereof some are here present, that the church may be spedely purged & cleansed from these errours.

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Vpon this his accusation, they ordayned and apointed three commissioners or iudges, that is to say, the patriarche of Constātinople, and the bishop of Castell, and the bishop of Lybusse. The which Prelates being thus deputed, heard the accusatiō and the witnes which was brought in by certayne babling priestes of Prage, confirmed by their othes, and afterward recited the said accusation vnto MarginaliaIohn Hus sicke of an Agew in prison.the sayd Hus in the prison, at suche tyme as his agew was feruent and extremely vpon him.

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MarginaliaIohn Hus debarred of hys aduocate.Vpon this Iohn Hus required to haue an aduocate to answer for him, the which was plainlye and vtterlye denied him. And the reason that the maisters commissi-oners brought against it, was this, that the playne Canon doth forbid that any man should be a defender of any cause of hys, which is suspect of any kinde of heresie. The vanitie and folly of the witnesses was suche, that if in case they had not bene both the accusers and Iudges them selues, there should haue needed no distinct confutation. I would haue rehearsed the testimonies in thys place, but that I knew them to be suche, as the prudent and wyse reader could not haue red without great tediousnes. Howbeit some of them shall be declared, when we come to the proces of hys iudgement.

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Afterwarde, when Iohn Hus had recouered lyttle strength or health, by the commaundement of the three Commissioners there was presented vnto hym certaine articles, many in nomber, which they sayd they had gathered out of his boke, which he had made of the church: of whych articles some were foreged and inuented by maister Palletz, and other some were gathered onely by halues, as shall be more plainly declared hereafter, whē we come to speake of the indgement pronounced and giuen against the sayd Hus.

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MarginaliaThe bokes which Ioh. Hus wrote in pryson.Thus Iohn Hus remayned in the prison of the couēt of the Franciscans, vntil the Wedensday before Palm sonday, and certayne appoynted to keepe hym, & in that meane season to employ and spend hys tyme withall, he wrote certaine bookes: That is to say, of the. x. commaūdementes, of the loue and knowledge of God, of Matrimony, of Penaunce, of the three enemies of mankynde, of the praier of our Lord, and of the supper of our Lord. MarginaliaPope Iohn fled out of Constance.The same day Pope Iohn the. xxiij. chaunged his apparell, and conueyed hym selfe secretly out of Constance, fearing the iudgement, by the which afterward he was depriued of his papall dignitie, by meanes of moste execrable and abhominable forfaites and doinges. Thys was the cause that Iohn Hus was transported and caried vnto an other prison: for the Popes seruants which had the charge and keping of Iohn Hus, vnderstanding that their maister was fled and gone, delyuered vp the keyes of the prison vnto the Emperour Sigismond, & to the Cardinals, and followed their mayster the Pope. Then by þe whole consent of the Councell, the said Iohn Hus was put into the hādes of the Bishop of Constāce, who sent him to a castle on the other side of the riuer of Rhine, not very farre from Constance, wheras he was shut vp in a Tower, with fetters on his legges, that hee could scarse walke in the day tyme, and at night he was fastened vp to a racke against the wall, hard by his bed.

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MarginaliaNoble men of Boheme labour for Iohn Hus.In this meane season certaine noble men and gentle men of Pole and Boheme, did all their indeuor to purchase hys deliueraunce, hauyng respect to the good renowne of all the realme, the whiche was wonderfully defamed and slaundred by certayne naughty persons. The matter was growne vnto this pointe, that all they whiche were in the towne of Constance, that semed to beare any fauour vnto Iohn Hus, were made as mocking stockes & derided of all men, yea euen of the slaues and base people. Wherfore they tooke Councell and cōcluded together to present their request in writing vnto the whole Councell, or at þe least vnto the iiij. nations of Almayne, Italy, Fraunce, and Englande: this request was presented the 14. day of May. an. 1415. the tenour here ensueth.

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¶ The first scedule or Bill, whiche the nobles of Boheme deliuered vp to the Councell for the deliueraunce of Iohn Hus the xiiii. day of May. An. 1415.

MOst reuerend fathers and Lordes. The nobles and Lords of Boheme and Pole here present by this their present writinges do shewe and declare vnto your fatherly reuerences how that the most noble kinge and Lord, the Lord Sigismund king of Romaines alwayes Augustus king of Hungrye, Croatia, , &c, hearing of the great dissention that was in the king-

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