and such other thynges.

Marginalia44.In the xliiii. Session, the sage fathers of this Councell were occupyed about the determinyng in what place the next Councell should be kept in, Marginalia45.the xlv. Session brake vp and dissolued this Synode.

Now to finish our tedious rehearsall of this Synode. The Cardinall Vmbald by the cōmaundement of the pope and the Councell, with a high and loude voyce pronounced these wordes Domini ite in pace, which is, Lordes depart in peace, whereunto the standers by aunswered Amen.

Thus þ^e Coūcel beyng dissolued, Frier Iohn B. of Catthan by the consent and commaundement of the Pope and the Councell, went vp into the Pulpet to make a Sermon, takyng for this theame: Vos autem tristitiam habetis: iterum autem videbo vos, & gaudebit cor vestrum. You are now in sadnes: I will see you agayn, and then your hartes shall reioyce. The which collation beyng ended, an other Cardinall named Anthony, was sent vp by the Pope and the Councell, with this proclamation, first to dismisse the Synode, & to geue euery man leaue to depart home. Also to declare the popes indulgence vnto them, who by the autoritie of God almightie, had graunted to them all and euery one present at that Councell, full absolution once in their lyfe, so that euery one within two monthes after the hearyng of this indulgence should procure the same in forme of writyng. MarginaliaSmell here reader, thys made well for the popes purse.Also an other indulgence was graunted in lyke manner of plenary remission at the houre of death, and that was vnderstand aswell of the houshold, as of the maisters themselues. 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 absolution 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 contrary, so that after the second yeare they should fast vnto their lyues end, or els to do some other good woorke. The which beyng in this maner proclaimed, the Synode brake vp, and euery man departed home.MarginaliaEx paralipomeno Abbatis Vrsp.

MarginaliaThe number of prelates in the councell of Constance.The number of the Prelates assembled in this Councell as is before mentioned, was. 3940. wherof the number of Archbyshops and Byshops was. 346.

Abbots and Doctors. 564.

MarginaliaCommon women in the councell of Cōstance.Besides common women, belongyng to the same Coūcell. 450.

Barbers. 600. Minstrels, 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 and Whitsontyde, were numbred to be. 60500. straungers and forreners at that Councell.

MarginaliaThe generall councell aboue the pope.Here is to bee noted, that in this Councell of Constance, nothing was decreed or enacted worthy of memory, but this onely, that the Popes autoritie is vnder the Councell, and that the Councell ought to iudge the Pope.

MarginaliaCōmunion in both kindes denyed by this coūcell.And as touchyng the Communion in both kyndes, although the Councell did not deny, but that it was vsed by Christ and his Apostles, yet notwithstandyng by the same Councell it was decreed to the contrary.

Hetherto we haue cōprehended the order and discourse of this Councell, with the actes and Sessions concernyng the same: whiche Councell although it was principally thought to be assembled, for quietyng of the schisme betwen the three Popes: yet notwithstandyng, a great part therof was for the cause of the Bohemiās, and especially for Iohn Hus: As appeared by their preparation before the Councell. For before the Councell began, the Emperour Sigismund aforesayd sent certeine Gentlemen Bohemiās which were of his owne houshold, geuyng them in charge to bryng Iohn Hus Bacheler of Diuinitie, vnto the sayd Councell, and that vnder his safe conduict, the meanyng and intent therof was, that Iohn Hus should purge and cleare hym selfe of the blame which they had layd against him: and for the more better assuraūce, the Emperour did not onely promise him safe conduict that he might come frely vnto Constance: but also to returne agayne into Boheme without fraude or interruption, he promised also to receiue him vnder his protectiō & vnder sauegard of þ^e whole Empire. For the same onely cause the Emperour sent him afterwardes the sayd safe conduictes double written, both in Latine and Almaine, the forme wherof doth hereafter ensue.

¶ Sigismund by the grace of God kyng of the Romaines, of Hungary and Denmarke, Croatia. &c: To all PrincesMarginaliaThe safe conduct geuen to maister Iohn Hus.aswell Ecclesiasticall as Seculer, Dukes, Marquesses & 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 Empire, to whom these letters shal come grace and all goodnes:

We charge and commaūd you all, that you haue respect vnto Iohn Hus, the which is departed out of Boheme, to come vnto the generall councell, the which shalbe celebrate and holden very shortly at the towne of Constaunce. The which Iohn Hus we haue receiued vnder our protection and safegard of the whole Empire, desiring you þ^t you will chearefully receiue hym when he shal come towards you, & that you intreate and handle hym gently, shewyng hym fauour and good wyll, and shew hym pleasure in all thynges, as touchyng the forwardnes, ease and assuraunce of hys iourney, as well by land as by water. Moreouer, we wyll that he and all hys company wyth hys cariage and necessaryes, shall passe throughout all places, passages, portes, bridges, landes, gouernances, Lordeshippes liberties, cityes, townes, bourgages, castels and villages, and all other your dominions wythout paying of any manner of imposition or dane money, peage, tribute, or any other maner of tolle whatsoeuer it be: we wyll also that you suffer hym to passe, rest, tary, and to soiourne at libertie, without doyng vnto hym any manner of impeachment or vexation or trouble, and that if neede shall so require, you do prouide a faithfull company to conduct hym with all for the honour and reuerence which you owe vnto our imperiall maiestye. Yeuen at Spire the xviii. of October, in the yeare of our lord God. 1414.

¶ By this it may appeare that this safe conduct was graunted not in the tyme of the Councell by the Byshops, but before the Councell by the Emperour: who was or ought to be the principall ordeyner and directer of the Councell vnder God. Now whether the bishops in breaking and adnullyng thys promise of the Emperour, agaynst the Emperours mynde, because the discussion therof belongeth Ad materiam iuris, non facti, beyng a matter rather of lawe then of story, I will differ to reason this case with maister Cope, MarginaliaAlan. Copus pag. 929.to such tyme, as may be more conuenient to the full tractation therof.

MarginaliaAunswere to Alanus Copus.Notwythstandyng, briefly to touch and passe, let vs cōsider part of the reasons of the said Cope, how friuolous and false they be, and easie to be refelled. What (sayth he) if he preached by the way comming vp? First that is false, vide infra pag. 582. What (sayth he) if he stoode obstinate in hys heresie? What if he sought to escape away after his cōming vp? To thys the Lordes of Boheme do aunswere, that hys safeconducte was broken, and he imprisoned, not onely before he attempted to escape, or before he was condemned for an hereticke, but also before he was heard of the Councell what he was. Vide infra pag. 582. Further, where Cope sayth that the generall councell was aboue the Emperour, and hath power in case of heresie to breake publique leages and grauntes: to that I say, that this safe conducte stoode not onely vpon the Emperour, but also vpon the consent of the Pope hymselfe, vide infra pag. 577. And admit that to be true, that the councell had power to make thys decree, to breake promise with heretickes: yet thys cannot be denied, but that I. Hus was condēned and iudged before that decree in the xix. Session was made. Finally, when Cope hath proued by what scripture the councels haue power to defeat the autoritie of their Emperours in such secular causes touching safeconducts, and outward safetie: then will I answere hym more fully herein. But to the purpose againe of the story.

MarginaliaIohn Hus taketh the Emperours safecōduct.Iohn Hus seyng so many fayre promises, and the assurance whiche the Emperour had geuen vnto hym, sent aūswere vnto the Emperour that he would come vnto the councell: But before he departed out of the Realme of Boheme, and specially out of the towne of Prage, he did write certayne billes long inough afore aswell in latine as in the Bohemian language, and Almayne, and caused them to be set and fastened vpon the gates of the Cathedrall churches and parishe Churches, cloysters and Abbayes, signifiyng vnto them all that he would goe to the generall councell at Constaunce, whereof if any man haue any suspition of his doctrine, that he should declare it before the L. Conrade, or Byshop of Prage, or if he had rather, at the generall councell, for there he would render and geue vp vnto euery one and before them all, an accompt and reason of hys fayth. The example of his letters and intimations set vp were these, the copy wherof here followeth.