tion of the soule, redound to the condemnation, through the vnworthy receiuyng therof.

MarginaliaReceiuing vnder one kinde for auoyding two perils. Moreouer, Doctours do say that the custome of communicatyng vnto the people, onely vnder the kinde of bread, was reasonably introduced by the Church & holy fathers, for reasonable causes, specially for þ^e auoydyng of ij. perils: of errour and vnreuerence. Of errour, as to thinke þ^t the one part of Christes body were in the bread, & the other part in the cup, which were a great errour. Of vnreuerence, for so much as many thynges may happen, as well on the part of the minister, as on the part of the receauer:MarginaliaErrour grounded vpon errour. As it is said that it happened when as a certaine Priest, cariyng the Sacrament of the cup vnto a sicke man, when he should haue ministred, he found nothyng in the cup, beyng all spilt by the way, with many other such like chaunces.MarginaliaCauses why to minister vnder one kinde. We haue heard moreouer that it hath often happened that the Sacrament consecrate in the cup, hath not bene sufficient for the number of communicantes, whereby a new consecration must be made, which is not agreable to the doctrine of the holy fathers and also that often tymes they do minister wyne vnconsecrate for consecrate wyne, which is a great perill.MarginaliaReceauing in both kindes 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 Church, in all other thynges besides the vse of the Communiō vnder both kyndes, cōformyng your selues to the fayth and order of the vniuersall Church, you that haue that vse and custome shall communicate still by the authoritie of the Churche vnder both kynds, and this Article shalbe discussed fully in the sacred Councell, where you shall see what, as touchyng this Article is to be holden as an vniuersall veritie, and is to be done for the profite and saluation of the Christian people, & all thynges being thus throughly handled, then if you perseuere in your desire, and that your Ambassadours do require it, the sacred Councell will graunt licence in the Lord, vnto your ministers, to communicate vnto the people vnder both kyndes: that is to say, to such as be of lawfull yeares and discretiō, and shall reuerendly and deuoutly require the same,MarginaliaThe condition annexed. this alwayes obserued, that the ministers shall say vnto those which communicate, that they ought firmely to beleue not the flesh onely to be conteyned vnder the forme of bread, and the bloud onely vnder the wyne, but vnder eche kynde to be whole and perfect Christ.

Thus hetherto we haue declared the decree of the Coūcell. As touchyng the other doubtes & questiōs, which were afterward moued by the Maisters & 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 Communiō vnder both kyndes by toleration, or as the libell of diuorsement was permitted to the Iewes: for somuch as the Councell intendyng euen to open the bowels of motherly charitie and pitie, vnto the Bohemians and Morauians, doth not meane to suffer it with such kynde of sufferaunce, which should not exclude sinne,MarginaliaPermission of both kindes graunted to the Bohemians, not of sufferaunce, but by full authoritie. but so to graunt it, that by the authoritie of our Lord Iesus Christe, and of his true spouse the Church, it may be lawfull, profitable and healthfull vnto those which worthely receiue the same.MarginaliaPunishing of offences cōsidered. Also as touchyng that which was spoken by the sayd Bohemians of the punishyng of offences, that it is in Scriptures, how that God oftē tymes styrreth vp the hartes of priuate persons, to the correction and punishyng of sinnes, and so it should seeme lawfull vnto the inferiours to correct and punish their superiours:MarginaliaAunswere. they answered, alledgyng the text of S. Augustine in the. xxxiij. decree:MarginaliaHow and by whom offenders ought to be punished. He that striketh wicked men in that they are wicked, & hath cause of death agaynst them, is the minister of God: but he whiche without any publike administration or office murdereth or maymeth any wicked theefe, sacrilegious, adulterous or periured person, or any other offender, shalbe iudged as an homicide, and somuch the more sharply in that he feared not to abuse and vsurpe the power not graunted him of God: and truly, this Citie would take it much more greuously, if any priuate man should attempt to punish an offēder, and set vp a gallowes in the streate, and there hang 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 mā doubteth that the law of God is duely and holily appoynted, and therein is simply writtē, thou shalt not steale. And notwithstanding by the commaundement of God theMarginaliaTo do that God commaundeth is obedience, and no sinne, though it be extraordinary.
The Israelites did steale from the Egiptians without sinne. children of Israel caryed away the goodes of the Egyptians, which they had borowed of thē. Also in the same law it is plainely written, thou shalt do no murther. Whereupon S. Austen in his first booke De Ciuitate Dei, proueth that it is not lawfull for any man to kill himselfe:MarginaliaSampson killed himselfe without sinne. and when as he maketh example of Sampson, he aūswereth with these wordes: when as God commandeth & doth affirme himselfe to commaunde with out any doubt, who is he that will call obedience sinne? or who will accuse the obedience to God?

Here in this propositiō, you haue the wordes of S. Austen for an aunswere. But let euery man well forsee, if God do commaunde, or that he do intimate the commaundement without any circumstaunces, and let him proue the spirites whether they be of GOD.MarginaliaOf extraordinary commaundementes, no generall lawes to be made. But in such cases ther are no lawes to be geuen, neither are they much to be talked of, for thereby there should easely occasiō rise to make sedition, and for the inferiours to rise agaynst the superiours. For when any man had stollen any thyng, or killed any man: he would say that he was moued thereunto by the spirite of God: but without manifest proufe therof, he should be punished.

MarginaliaObiection. Agayne they sayd that ther were certaine cases wherein the laytie had power ouer the Clergy. It was aunswered,MarginaliaAunswere. that there were certaine cases in the law, wherein the Laytie hath power ouer the Clergy, and often times ouer Cardinals.MarginaliaHow the laitie hath power ouer the clergie, and wherein. For if the Pope beyng dead, the Cardinals would not enter the Cōclaue, to elect a new pope, the kyng, prince, or other Lord or secular 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 iurisdictiō by the authoritie of the law. The like is to be vnderstand of all other cases expressed in the law.

MarginaliaObiection. They sayd further, that no common law hath any 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 agaynst 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 seemeth that there is diuersitie in the thyng made by the rule, when there is none in deede: but the default is in the applaying, because the rule is not duely applyed to the thyng made by it.

MarginaliaObiection. As touchyng the Article of preachyng the word of God, it was moued that often tymes some Prelates, thorough their owne enuie and malice, without any reasonable cause, do 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 well inough that the abuse of certeine Prelates, which did inordinatly behaue themselues, gaue a great occasion of those troubles. Also that they neuer heard any such complayntes in those parties, but that the Prelates do fauour good preachers, and styrre them vp to preach, by intreaty, fauour, and promotion. In all such cases, there are remedyes already prouided by the law: for when any man is so prohibited to vse his right, he hath remedy to appeale:MarginaliaRemedie of appeale. and if he do trust hys appeale to be iust, he may vse his right, all violence both of the spirituall and secular power set apart, for the end of the matter shall declare if he had iust cause to appeale. Then shalbe declared that the superiour hath done euill in prohibityng, and the pleantiue iustly in doyng, and the superiour for his vniust prohibition shalbe punished. But if he be iustly prohibited, and that through his temerity, he do contemne the iust commaundement of his superiour, he is worthy to be punished with condigne punishment.

MarginaliaObiection. Where it was moued concerning the third article, whether it were lawfull for the Ecclesiastical Prelates to exercise in their proper person, the actes of secular dominion:MarginaliaAunswere. hereunto it was aūswered, that if by this word actes of secular dominiō, are vnderstād actes which a secular Lord may do or exercise,MarginaliaActes of secular dominion to be exercised of the clergie, after a double respecte, vel per se, vel per alium. then is it to be sayd, that a Prelate may lawfully excercise some such actes in his proper person, as to sell, to paune or pledge, to infeofe by maner and forme ordeined by law: but there are some actes, which it is not lawfull for them to excercise in their proper person, but ought to haue afterward, a Vicegerent or Proctor, to do the same: wherupon 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 ought to be excercised by a Steward. &c. be in the handes of an Ecclesiasticall Prelate.

MarginaliaAunswere. Wherunto Iohn Polomair aunswered, that this question presupposeth an other: wherof ther are diuers opinions amongest the Doctours,MarginaliaCoactiue power whether it belōgeth to the clergie, and how. in whose power the dominion of the Church should be: and furthermore, whether the actiōs be in the person of the tutor or proctor, or if they be not in their person, notwithstandyng by the constitution of the actor or proctor (whose exercising of those actions do geue authoritie vnto the actor or proctor) they be: with other difficulties, wherof it is not needefull 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 would argue agaynst him, he would be contēted to geue the choyse to take which part he would, but his opiniō was