the cup vnto a sicke mā, when he should haue ministred, he found nothyng in the cup, beyng all spilt by the way, with many other such like chāces. MarginaliaCauses why to minister vnder one kinde.We haue heard moreouer that it hath often happened that the Sacrament cōsecrate in the cup, hath not bene sufficient for the nomber of communicātes, wherby a new consecration must be made, whiche is not agreable to the doctrine of the holy fathers: and also that often tymes they doo minister wyne vnconsecrate for consecrate wyne, whiche is a great perill. MarginaliaReceauing in both kinds permitted to the Bohemians.By this meanes then it shalbe brought to passe, that if you will effectually receaue the vnitie and peace of the churche, in all other thynges besides the vse of the communion vnder both kindes, conforming your selues to the faith and order of the vniuersall Churche, you that haue that vse and custome shall communicate still by the authoritie of the churche vnder both kyndes, and this Article shalbe discussed full in the sacred Councell, where you shal se what, as touchyng this Article, is to be holden as an vniuersall veritie, and is to bee done for the profite and saluation of þ^e Christiā people, and al thynges beyng thus thorowly handled, then if you perseuer in your desire, and that your Ambassadours doo require it, the sacred Councell will graunt licence in the Lord, vnto your ministers, to cōmunicate vnto the people vnder both kyndes: that is to say, to such as be of lawfull yeares and discretion, and shall reuerently and deuoutly require the same, MarginaliaThe condition annexed.this alwayes obserued, that the ministers shall say vnto those whiche communicate, that they ought firmely to beleue not the fleshe onely to be conteyned vnder the forme of bread, and the bloud onely vnder the wyne, but vnder eche kynd to be whole and perfect Christ.

Thus hetherto wee haue declared the decree of the Councell. As touchyng the other doubts and questions, whiche were afterwarde moued by the Maisters and Priestes of Boheme, the Ambassadours of the Councell aunswered thus.

MarginaliaObiection.First they sayd, that it was not the meanyng of the sacred Councell, to suffer the Communion vnder both kyndes by toleration, or as the libell of diuorsemēt was permitted to the Iewes: for somuch as the Councell intendyng euen to open the bowels of motherlye charitie and pitie, vnto the Bohemians and Morauians, dooth not meane to suffer it with such kynde of sufferance, whiche shoulde not exclude sinne, MarginaliaPermission of both kindes graunted to the Bohemians, not of sufferaunce, but by full authoritie.but so to graunte it, that by the authoritie of our Lorde Iesus Christe, and of his true spouse the churche, it may be lawfull, profitable and healthfull vnto those whiche worthely receyue þ^e same. MarginaliaPunishing of offences considered.Also as touchyng that whiche was spoken by the sayd Bohemians of the punishyng of offences, that it is in Scriptures, how þ^t God often tymes stirreth vp the hartes of priuate personnes, to the correction and punishyng of sinnes, and so it should seme lawfull vnto the inferiours to correct and punish their superiours: MarginaliaAunswere.they answered, alledgyng the text of S. Augustine in the xxxiij. decree: MarginaliaHow & by whom offenders ought to be punished.He that striketh wicked men in that they are wicked, and hath cause of death agaynst them, is the minister of God: but he whiche without any publike administration or office murdereth or maymeth anye wicked thefe, sacrilegious, adulterous or periured persō, or any other offender, shallbe iudged as an homicide, and so much the more sharply in that hee feared not to abuse & vsurpe þ^e power not graūted him of God: and truly, this citie would take it much more greuously, if any priuate man should attempt to punish an offender, and set vp a gallowes in the streat, and there hange hym, then if one man should kill an other in brawle or quarell. They alledged also other textes of S. Ambrose and S. Hierome agreable to the same. They sayd that no man doubteth that the law of God is duely and holily appoynted, and therein is simply written, thou shalt not steale. And notwithstandyng by the commaundemente of God theMarginaliaTo do that God commaūdeth is obedience,Marginaliaand no sinne, though it be extraordinary.
The Israelites did steale from the Egyptians without sinne.children of Israell caryed away the goodes of the Egyptians, whiche they had borowed of them. Also in the same lawe it is playnely written, thou shalt doo no murther. Wherupon S. Austen in his first boke De Ciuitate Dei, proueth that it is not lawfull for any mā to kill him self: MarginaliaSamsen killed hym selfe without sinne.and when as he maketh example of Sampson, he aūswereth w^t these wordes: when as God cōmandeth and doth affirme him selfe to cōmaunde without any doubt, who is he that will call obediēce sinne? or who will accuse the obedience to God?

Here in this proposition, you haue the woordes of S. Austē for an aūswer. But let euery mā wel forsee, if god doo commaunde, or that he do intimate the cōmaundemēt without any circūstances, & let him proue þ^e spirits whether they be of God. MarginaliaOf extraordinary commaundemente, no generall lawes to be made.But in such cases ther are no lawes to be geuē, neither are they much to be talked of, for therby there should easely occasiō rise to make sedition, & for the inferiours to rise against the superiours. For when any man had stollen any thing, or killed anye man: he would say that he was moued thereunto by the spirite of God: but without manifest proofe therof, he should be punished.

MarginaliaObiection.Againe they sayd that ther wer certayne cases wherin the Laitie had power ouer the Cleargy. It was aunswered, MarginaliaAunswere.that there were certayne cases in the law, wherin the Laitye hathe power ouer the Cleargye, and oftentimes ouer Cardinals. MarginaliaHow the laitie hath power ouer the clergy, and wherin.For if the Pope being dead, the Cardinals woulde not enter the Conclaue, to elect a newe Pope, the king, Prince, or other Lorde or seculer power may compell them: MarginaliaThe pope will be iudged by hys owne law.but in these cases he is now no priuate person, but vseth his iurisdiction by the autority of the law. The like is to be vnderstand of al other cases expressed in the law.

MarginaliaObiection.They said further, that no common lawe hath anye right or iustice, except Gods law do allow the same.

MarginaliaAunswere.It was aunswered that no common law hath right or iustice, if it be against the law of God, for because the law of God is the rule of all other lawes. But there is great cunnyng and knowledge, in applying the rule to that whiche is made by the rule, for often tymes, it semeth that there is diuersitie in the thyng made by the rule, when there is none in dede: but the default is in the applying, because the rule is not duely applyed to the thyng made by it.

MarginaliaObiection.As touchyng the Article of preachyng the woorde of God, it was moued that often tymes some Prelates, through their owne enuie and malice, with out any reasonable cause, doo inhibite a good and meete preacher that preacheth catholickely and well.

MarginaliaAunswere.
Abuse of prelates in inhibiting true preachers.Aunswere was made, how that they vnderstood wel inough that the abuse of certeine Prelates, whiche dyd inordinatly behaue them selues, gaue a great occasiō of those troubles. Also that they neuer heard any such complaintes in those parties, but that the Prelates doo fauour good preachers, and stirre them vp to preache, by intreatye, fauour, and promotion. In all suche cases, there are remedyes alreadye prouided by the lawe: for when any man is so prohibited to vse his ryght, he hath remedye to appeale: MarginaliaRemedye of appeale.and if he doo truste his appeale to bee iuste, hee maye vse his ryghte, all violence bothe of the spirituall and seculer power sette aparte, for the ende of the matter shall declare if hee had iuste cause to appeale. Thē shalbe declared that þ^e superiour hath don euill in prohibitinge, and the pleantiue iustly in doing, and the superiour for his vniust prohibitiō shalbe punished. But if he be iustly prohibited, and that throwe hys temerity, he do contemne the iuste commaundement of his superiour, he is worthye to be punished with condigne punyshment.

MarginaliaObiection.Where it was moued concerninge the third article, whether it were lauful for þ^e ecclesiastical prelats to exercise in their proper person, the acts of seculer dominion: