and that was vnderstand as well of the houshold, as of the maisters themselues. But vnder this condition, that from the time of notification of the same, they should fast by the space of one whole yeare euery Friday, for the absolution in their life time. And for the absolution and the houre of death, to fast the same Friday another yeare, except they had some lawfull impediment to the contrary, so that after the second yeare, they should fast vnto their liues end, or else to do some other good worke. MarginaliaEx paralipomeno Albatis vrsp.The which beeing in this maner proclaimed, the Synode brake vp, and euery man departed home.

MarginaliaThe number of prelates in the counsell of Constance.The number of the foriners resorting to this Counsell both spirituall and temporall, was 60500. whereof, the number of Archbishops and Bishops was 346.

Abbots and Doctours 564.

MarginaliaCommon women in the councell of Cōstance.Besides common women, belonging to the same Councell 450.

Barbers 600. Minstrels, Cookes, and Iesters 320.

Marginalia60500. straūgers at the counsell of Constance.So that the whole multitude which were vewed to be in the Towne of Constance betweene Easter and Whitsontide, were numbred to be 60500. strangers and forreners at that Councell.

MarginaliaThe generall councell aboue the pope.Here is to be noted that in this Councell of Constance, nothing was decreed or enacted worthy of memorie, but this only, that the Popes authoritie is vnder the Councell, and that the Councell ought to iudge the Pope.

MarginaliaCommunion in both kindes denyed by this cōcell.And as touching the Communion in both kindes, although the Councell did not denie, but that it was vsed by Christ and his Apostles, yet notwithstanding by the same Councell it was decreed to the contrary.

Hetherto wee haue comprehended the order and discourse of this Councell, with the actes and Sessions concerning the same: which Councell although it was principally thought to be assembled, for quieting of the schisme betweene the three Popes: yet notwithstanding, a great part thereof was for the cause of the Bohemians, and especially for Iohn Hus: As appeared by their preparation before the Councell. For before the Councell began, the Emperour Sigismund aforesaid, sent certain Gentlemen Bohemians, which were of his owne houshold, giuing them in charge to bring Iohn Hus Bacheler of Diuinitie, vnto the saide Councell, and that vnder his safe conduict, the meaning and intent thereof was, that Iohn Hus should purge and cleare himselfe of the blame which they had laid against him: and for the more better assurance, the Emperour did not only promise him safe conduict that he might come freely vnto Constance: but also to returne againe into Boheme without fraud or interruption, he promised also to receiue him vnder his protection and vnder sauegard of the whole Empire. For the same onely cause the Emperour sent him afterwards the said safeconduicts double written, both in Latine and Almaine, the forme whereof doth heereaftet ensue.

MarginaliaThe safe cōduct geuen to maister Iohn Hus.¶ Sigismund by the grace of God King of the Romaines, of Hungary and Denmarke, Croatia, &c. To all Princes as well Ecclesiasticall as Seculer, Dukes, Marquesses, and Earles, Barrons, Captaynes, Borowmaisters, Iudges, and Gouernours, officers of townes, burgages and villages, and vnto all rulers of the comminalty, and generally to all the subiects of our Empire, to whome these letters shall come, grace and all goodnes.

Wee charge and commaund you all, that you haue respect vnto Iohn Hus, the which is departed out of Boheme, to come vnto the generall Councell, the which shall be celebrate and holden very shortly at the towne of Constance. The which Iohn Hus we haue receiued vnder our protection and safegard of the whole Empire, desiring you that you will chearefully receyue hym when he shall come towards you, and that you intreat and handle hym gently, shewing hym fauour and good will, and shew hym pleasure in all thyngs, as touchyng the forwardnes, ease, and assurance of hys iourney, as well by land as by water.

Moreouer, we will that he and all his company with hys carriage and necessaries, shall passe throughout all places, passages, portes, bridges, lands, gouernances, Lordships, liberties, cities, townes, bourgages, castels and villages, and all other your dominions, wythout payeng of anye manner of imposition or dane money, peage, tribute, or anye other manner of tolle whatsoeuer it be: we will also that you suffer hym to passe, rest, tarie, and to soiourne at libertie, without dooing vnto hym anye maner of impeachment, or vexation, or trouble, and that if neede shall so require, you do prouide a faythfull company to conduct hym withall, for the honour and reuerence which you owe vntoour imperiall maiesty. Yeuen at Spire the xviij. of October, in the yeare of our Lord GOD 1414.

¶ By this it may appeare that this safe conduct was graunted not in the time of the Councell by the Bishops, but before the Councell by the Emperour: who was or ought to be the principall ordeiner and directer of the Councell vnder God. Now whether the Bishops in breaking and adnulling this promise of the Emperour, against the Emperours mind, because the discussion therof belongeth Ad materiam iuris, non facti, being a matter rather of lawe then of story, MarginaliaAla. Copus, pag. 929.I will differ to reason this case with maister Cope, to such time, as may be more conuenient to the full tractation thereof.

MarginaliaAunswer to Ala. Copus.Notwithstanding, briefly to touch and passe, let vs consider part of the reasons of the saide Cope, how friuolous and false they be, and easie to be refelled. What (saith he) if he preached by the way comming vp? First that is false, vide infra. page. [illegible text] What (saith he) if he stood obstinate in his heresie? What if he sought to escape away after hys comming vp? To this the Lords of Boheme doo aunswere, that his safeconduct was broken, and he imprisoned, not onely before he attempted to escape, or before hee was condemned for an hereticke, but also before he was heard of the Councell what he was. Vide infra. page. [illegible text] Further, where Cope sayth that the generall Councell was aboue the Emperour, and hath power in case of heresie to breake publique leagues and graunts: to that I say, that this safeconduct stood not only vpon the Emperour, but also vpon the consent of the Pope himselfe, vide infra. page. [illegible text] And admit that to be true, that the councell had power to make this decree, to breake promise wyth hereticks: yet this can not be denied, but that Iohn Hus was condemned and iudged before that decree in the xix. Session was made. Finally, when Cope hath prooued by what scripture the councels haue power to defeat the authoritie of their Emperours in such secular causes touching safeconductes, and outward safetie: then will I answere him more fully heerein. But to the purpose againe of the story.

MarginaliaIohn Hus taketh the Emperours safe cōduct.Iohn Hus seeing so many faire promises, and the assurance which the Emperour had geuen vnto him, sent answere vnto the Emperour that he would come vnto the Councell: But before hee departed out of the Realme of Boheme, and specially out of the towne of Prage, he did write certaine billes long inough afore, as well in Latine as in the Bohemian language, and Almaine, and caused them to be set and fastened vpon the gates of the Cathedrall Churches and parish Chruches, Cloysters and Abbayes, signifieng vnto them all, that he would go to the generall Councell at Constance, wherof if any man haue any suspition of his doctrine, that he should declare it before the Lord Conrade, or Bishop of Prage, or if he had rather, at the generall Councell, for there he would render and giue vp vnto euery one, and before them all, an accompt and reason of his fayth. The example of his letters and intimations set vp were these, the copie whereof here followeth.

MarginaliaLetters of Iohn Hus set vp.MAister Iohn Hus, Bacheler of Diuinitie, will appeare before the most reuerend father the Lord Conrade, Archbyshop of Prage, and Legate of the Apostolicke seate in the next conuocation of all the Prelates and Cleargy of the kyngdome of Boheme, being ready alwayes to satisfie all men which shall require him to giue a reason of hys fayth and hope that he holdeth. And to heare and see all such as will lay vnto his charge either any stubburnes of errour or heresie, that they should write in their names there, as is required both by Gods law and mans. And if so be that they could not lawfully prooue any sutbbornes of errour or heresie against him, that then they should suffer the like punishmentes that he should haue had, vnto whome altogether he will aunswer at the next generall Councell at Constance, before the Archbyshop and the Prelates, and according to the decrees and Canons of the holy Fathers, shew foorth his innocencie in the name of Christ. Dated the Sonday next after the feast of Sainct Bartholomew.

MarginaliaAn other intimation of I. Hus set vp for his going to Cōstance.I Maister Iohn Husnetz, do signifie vnto all men, that I am ready to come and stand before the face of my Lorde the Archbishop, and to aunswere to all things whereof I am falsely accused in the next conuocation of Bachelers,