MarginaliaAunswere.hereunto it was aunswered, that if by thys worde actes of seculer dominiō, are vnderstand actes which a seculer Lord may do or exercise, MarginaliaActes of secular dominiō to be exercised of the clergye, after a double respecte, vel per se, vel per alium.then is it to be said, that a prelate may laufully excercise some such actes in his proper person, as to sel, to paune or pledge, to infeofe by maner and forme ordeyned by law: but there are some acts, which it is not laufull for thē to excercise in their proper person, but oughte to haue afterwarde, a vicegerent or proctor, to doo the same: wherevpon there is prohibition made in the law in the Rubrike, ne clerus vel monachus secularibus negotiis se immisceat, & in aliis rebus.MarginaliaObiection.It was also moued, whether that coactiue power, which oughte to be excercised by a steward. &. be in the hands of an ecclesiasticall Prelate.

MarginaliaAunswere.Whereunto Iohn Polomair aunswered, þ^t this question presupposeth an nother: wherof ther are diuers opinions amongst the doctors, MarginaliaCoactiue power whether it belongeth to the clergye, and how.in whose power þ^e dominiō of the church shold be: and furthermore, whether þ^e actiōs bee in the person of þ^e tutor or proctor, or if they be not in their person, notwithstanding by þ^e constitution of the actor or proctor (whose exercisinge of those actions doe geue authoritie vnto þ^e actor or proctor) they be: with other difficulties whereof it is not nedefull to speake at this present. But for somuch as he was vrged to say his opiniō: he sayd, that to such as had either leysure or pleasure in disputation, and woulde argue agaynste hym, he would be contented to geue the choise to take whiche parte he woulde, but his opinion was rather that the dominion of churche matters should be in the power of Christ: and the Prelates, with the other clergye, are but canonicall administrators in maner of tutors: but they haue more power and administration then tutors, & by constituting a steward or vicegerent. &c. their constitution being duely made, the steward or vicegerent hath the same coactiue power and exercise of iurisdiction.

Also as touching the fourth article, for the declaration of the first conclusiō, it is agreed that these words, Iuste requisita. I. iustly gotten, alledged therein, determine all thinges conteyned in the same.

MarginaliaThe goods of the church, in whose possession they be properly.Also as touchinge the second conclusion, where as the sacred Canons & holy doctors speake thus: the goodes of the churche, the substaunce of the churche, and the possessiōs of þ^e church, & diuers other opinions there be amonges þ^e doctors, in whose power þ^e rule therof should be, as it is noted in þ^e glose. cap expedit. xii. quest. I: Marginalia12. q. 1. cap. expedit.they do not intend to constrayn any mā to any of those opinions, neither to exclude any of them, but þ^t euery man should haue libertye, probablye to mainteyne which of them he thinketh best.

MarginaliaThe clergie be administrators, not Lordes of the tēporalties of the church.Moreouer, the Bohemians said, that they did beleue that the clergye are but administrators of the temporalties of the Curch, and not Lordes therof, accordyng to the maner of speakyng of the scriptures, holy doctors, & canons. Also the Bohemians sayd, that in all occasions which shall hereafter ryse, they would wholy stand to þ^e determinatiō of þ^e iudge, agreed vpō in Egra, w^t one consent. In this maner did þ^e ambassadors make answer vnto þ^e Bohemiās. At the last, after much cōmunicatiō had to and fro, a concord and vnity was concluded and confirmed by setting to of their hands. MarginaliaThe agrement betwene the Bohemians & the coūcell.
An. 1438The Bohemians promised to receyue the peace and vnity of the church, and the declaration of the iij. articles. This was done in the yeare of our Lord. 1438. About the feast of S. Martin, it was afterward agreed both by the ambassadors of þ^e councell, and of Boheme, that whatsoeuer remayned, should be determined & agreed vpō, first at Ratisbona: afterward at Bruna in þ^e dioces of Olymuts: thē at Alba in Hungary, before þ^e emperour Sigismund, but the matter coulde not be ended in no place.

At the last the concorde was confirmed by writing, with their seales at Inglauia, a city of Morauia, þ^e v. day of Iuly in the presence of the emperour.

MarginaliaCertaine petitions of the Bohemians put vp to the councell.
1438.VNto the most reuerent fathers in Christ, & our most gracious lordes. We þ^e ambassadors of the kingdom of Boheme, do most humbly & hartely require you that for the perpetuall preseruation of the peace & concorde, and for the firme preseruation of all thinges contayned in the compositiō, you wil vouchsafe of your clemency, to geue and graunt vnto vs al & singuler our requests, here vnder written, with effectual execution of þ^e same.

First and aboue all thyngs, we desire & require you, for the extirpation of diuers dissensions and controuersies, whiche wil vndoubtedly folow amongst our people vpon the diuersitie of the communion, and for the abolishing of infinite euils, which we are not able to expresse as we haue conceiued thē, þ^t you will gentilly vouchsafe of your goodnes and liberalitie, MarginaliaThe communion in both kinds to b e generally graunted.to geue, graunt & commaund, vnto our kyngdome of Boheme, and Marquesdom of Morauia, one vniforme order of þ^e cōmunion vnto all men, vnder both kindes: that is to say, vnto þ^e Archbyshop of Prage, the Byshop of Luthonus, Olimutz, and other Prelates of the kyngdome and Marquesdome, hauyng charge of soules, and to their vicares, and also to their flockes and subiectes, and that accordyng to those thyngs whiche are contayned in the Bull of the Ambassadours, and in the compositions made in the name of þ^e whole Councell, writtē in the chap. Pro firmitate, where it is thus sayd: and all other thinges shall be done, which shall be meete and necessarye for the preseruation of the peace and vnitie. For this done by your benefite, the whole kyngdom shalbe comforted aboue measure, & established in brotherly loue: wherby an vniforme subiectiō & obediēce shalbe perpetually attributed vnto the holye churche.

Item, we require and desire (as before) that for the auoyding of all false suspition and doubtfulnes of many, which suppose that the sacred councell hath graūted the sayd Cōmunion vnder both kyndes vnto vs but for a time, as neither profitable nor wholsome, but as the libell of diuorcement: þ^t you will vouchsafe, according to this chapter alledged in the cōpositions: Fyrst they sayd, that it was not the entent of the sacred Councell, &c: wholsomely & spedely to prouide for our safetie & your graūt in this behalfe, and with the bulles of your letters, to confirme that chapter together with the other, perteyning to the office of your Ambassadours.

Item, we besech you (as afore) that for the confirmation of obedience, and for the discipline of al the Clergy, and for the final defence & obseruatiō of all things determined & agreed vpō, and for the good order in spiritualties, MarginaliaTo haue a good and lawful pastor, and bishops.ye wil vouchsafe effectually to prouide for vs a good and lawfull Pastor, archbishops & bishops, which shall seme vnto vs most mete and acceptable for our kyngdome, to execute those offices and duties.

Item, we require you (as aforesayde) that your fatherlye reuerences wyll vouchsafe, for the defence of the worthy fame of the kingdome and Marquesdome, to declare and shewe our innocencye, in that they haue communicated, doo, MarginaliaFree cōmunion vnder both kindes to be permitted to all princes.and hereafter shall communicate vnder both kindes: to geue out, ordayne, and direct the letters of the sacred councell, in maner and forme most apt and meete for such declaration, vnto all princes, as wel seculer as spiritual, cities and communalties, according to the compositions, and as the Lordes the Ambassadors are bound vnto vs for to do.

Item, we desyre you, that in the discussing of the matter for the communion vnder both kyndes, and of the commaundement thereof geuen vnto all faythfull, ye wyll not procede otherwyse then according to the con-cordatū agreed vpon in Egra: that is to say, according to the law of God, the order of Christ, and his Apostles, the generall councels, and the myndes of the holy doctors,