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K. Hen. 5. The examination of I. Hus in the councell of Constance. His appeale.

laity. Then aunswered Iohn Hus, reuerend father, for so much as I did see many priestes & other learned men present at my srmons, for their sakes I spake those wordes. Then sayd the Cardinal thou hast done very ill, for by such kinde of talke thou hast disturbed and troubled the whole state of the Church.

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Marginalia18.The 18. Article. An hereticke ought not to be committed to the secular powers to be put to death, for it is sufficient onely that he abide and suffer the ecclesiasticall censure. These are my wordes. MarginaliaI. Hus condēneth the crueltie of the prelates in seeking the death of heretickes.That they might be ashamed of their cruel sentence and iudgement, specially for somuch as Iesus Christ byshop both of the old and newe Testament would not iudge such as were disobedient by ciuill iudgement, neither condemne them to bodily death. As touching the first poynt. It may be euidently seene in the 12. Chapiter of S. Luke. And for the second it appeareth also by the woman which was taken in adultery, of whō it is spoken in the 8. chapter of Sainct Iohn. And it is sayde in the 18. Chapter of Sainct Mathew: If thy brother haue offended thee. &c. Marke therfore what I do say: That an hereticke whatsoeuer he be, ought first to be instructed and taught with Christian loue, and gentlenes by the holy scriptures and by the reasons drawne and taken out of the same, as S. Augustine and others haue done, disputing agaynst the heretickes. But if there were any, which after al these gentle and louing admonitions and instructions, woulde not cease from, or leaue of their stiffnes of opinions, but obstinately resist agaynst the truth, suche I say ought to suffer corporall or bodily punishment.

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As soone as Iohn Hus had spoken those thinges, the iudges red in hys booke a certayne clause, wherein he seemed greeuously to enuey agaynst them which deliuered an hereticke vnto the secular power, not being confuted or conuicted of heresie, and comapred thē vnto the high priestes, Scribes, and Phariseis, which sayd vnto Pilate, it is not lawfull for vs to put any man to death, MarginaliaThe betraying and condemning of innocents.and deliuered Christ vnto him: And yet notwithstanding according vnto Christes owne witnesse, they were greater murtherers then Pilate: for he, said Christ: which hath deliuered me vnto thee, hath committed the greatest offence. Then þe Cardinals and Bishops, made a great noyse and demaunded of I. Hus, saying, who are they, þt thou dost compare or assimule vnto the Phariseis? Then he sayd, all those whiche deliuered vp anye innocent vnto the ciuill sworde, as the Scribes and Phariseis deliuered Iesus Christ vnto Pilate. No, no, sayd they agayne, for all that, you spake here of doctors. And the Cardinall of Cambray,MarginaliaAnd how coulde this bishop of Cambray vnderstand the bookes of I. Hus being written in Bohemiā speach, which he vnderstoode not. according to his accustomed maner sayd: Truly, they which haue made and gathered these articles, haue vsed great lenitie and gētlenes, for his writings are much more detestable & horible

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Marginalia19.The 19. article. The Nobles of the world ought to cōstrayne and compel the ministers of the Church to obserue and keepe the law of Iesus Christ. I answere, that it standeth thus word for word in my booke. Those which be on our part do preach and affirme that the church militant, according to the partes, which the Lord hath ordayned, is deuided and consisteth in these partes.Marginalia

The church militant standeth in three partes.

1. Minister.

2. Nobles.

3. Commōs.

That is to say: Ministers of the Church, which should keepe purely and sincely the ordinaunces and commaundementes of the sonne of God, and the Nobles of the world that should compel and driue them to keepe the commaundementes of Iesus Christ, and of the common people, seruing to both these partes and endes according to the institution and ordinaunce of Iesus Christ.

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Marginalia20.The 20. Article. The ecclesiasticall obedience, is a kynd of obedience, which the priestes and monks haue inuented wtout any expresse authority of þe holy scriptures. I answer and confes, that those words are thus written in my book. I say, that there be three kindes of obedience,Marginalia

Three kinds of obediēce.

1. Spirituall.

2. Secular.

3. Ecclesiasticall.

spirituall, secular and ecclesiasticall. The spirituall obedience is that which is onely due according to the lawe and ordinance of God, vnder the whiche the Apostles of Iesus Christ dyd lyue, and all Christians ought for to liue. The secular obedience, is that which is due according to the Ciuill lawes and ordinances. The ecclesiastical obedience is such as the Priestes haue inuented without any expresse authoritie of Scripture. The first kinde of obedience doth vtterly exclude from it all euill, as well on his part which geueth the commandement, as on his also which doth obey the same. And of this obedience it is spoken in the 24. chap. of Deut.MarginaliaTrue obedience ruled by Gods cōmaūdemēt. Deut. 24. Thou shalt do all that which the priestes of the kindred of Leuy shall teach and instruct thee, according as I haue cōmaunded them.

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Marginalia21.The 21. Article. He that is excōmunicated by the pope, if he refuse and forsake the iudgement of the Pope, and the generall Councell, and appealeth vnto Iesus Christ, after he hath made hys appellation all the excommunicationsand curses of the Pope cannot annoy or hurt hym. I aunswere, that I do not acknowledge this proposition, but in deede I did make my complaynt in my booke, that they had both done me and such as fauoured me great wrong, & that they refuse to heare me in the popes court. For after the death of one pope I dyd appeale to hys successor, and all that did profite me nothing. And to appeale from the P. to the Councell, it were to long, & that were euen as much as if a man in trouble should seeke an vncertayne remedy. MarginaliaAppealing vnto Christ.And therfore last of all I haue appealed to the head of the Church my Lord Iesus Christ, for he is much more excellent and better, then any pope to discusse and determine matters and causes, for somuch as he cannot erre, neyther yet deny iustice to him that doth aske or require it in a iust cause, neither can he condemne the innocent. MarginaliaAppealing to Christ, forbiddē by the Cardinal of Cambray.Then spake þe Cardinall of Cambray vnto hym and sayd: Wilt thou presume aboue S. Paule, who appealed vnto the Emperour and not vnto Iesus Christ? Iohn Hus answered: for somuch then as I am the first þt do it, am I therfore to be reputed & counted an hereticke? And yet notwithstanding S. Paule did not appeale vnto the Emperoure of hys owne motion or will, but by the will of Christ, which spake vnto hym by reuelation and sayd: be firme and constant for þm must go vnto Rome. And as he was about to rehearse his appeale agayne, they mocked hym.

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¶ For so much as mention here is made of the appeale of the sayd Hus, it seemeth good here to shewe the manner and forme therof.

The copy and tenour of the appeale of Iohn Hus.

MarginaliaThe appeale of Iohn Hus from pope Iohn 23. vnto Christ.FOrasmuch as the most mighty Lorde one in essence. 3. in person, is both the chiefe and first, & also the last and vttermost refuge of al those which are oppressed, and that he is the God which defendeth verety and truth throughout all generations, doynge iustice to such as be wronged, being ready and at hand to al those whiche call vppon him in veritie and truth, and bindyng those that are bond: and fulfilleth the desires of all those which honur and feare hym: defending and keeping al those that loue him, and vtterly destroyeth and bringeth to ruine the stiffnecked and vnpenitent sinner, and that the Lorde Iesus Christ very God and man, being in great anguish compassed in with the priestes, Scribes and Phariseis, wicked iudges and witnesses, willing by the most bitter and ignominious death, to redeme the chosen children of God, before the foundation of the world, from euerlasting damnation, hath left behinde him this godly example for a memory vnto them which should come after hym, to the intent they should commit al their causes into the handes of God, who can doe all thinges, and knoweth and seeth all thinges, saying in this maner: MarginaliaThe feruent cōplaint & prayer of christ against wicked iudges.O Lorde, beholde my affliction, for my enemy hath prepared hymselfe against me, and thou art my protector and defendor. O Lorde thou hast geuē me vnderstanding and I haue acknowledged thee: thou hast opened vnto me all their enterprises, and for mine owne parte I haue bene as a meeke lambe, which is led vnto sacrifice, and haue not resisted agaynst them. They haue wrought their enterprises vpon me, saying: Let vs put wood in hys bread, and let vs banysh him out of the land of the liuing that hys name be no more spokē of, nor had in memory. But thou O Lord of hostes whiche iudgest iustly and seest the deuises and imaginations of theyr hartes, hasten thee to take vengeance vpon them, for I haue manifested my cause vnto thee, for so much as the number of those which trouble me is great, and haue counsayled together, saying: the Lorde hath forsaken hym, pursue hym and catch hym. O Lord my God, behold their doinges, for thou art my pacience, deliuer me from myne enemies, for thou art my God: doe not seperate thy selfe far from me: for so much as tribulation is at hand, and there is no mā which will succour me. My God my God looke downe vpon me wherefore hast thou forsaken me?MarginaliaAfter the example of Christ he maketh his prayer to God. So many doggs haue compassed me in, and the company of the wicked haue besieged me round about, for they haue spoken agaynst me with the deceitfull tonges, and haue compassed me in with wordes, full of despite, and haue inforced me without cause. In stead of loue towardes me, they haue slaundered me and haue recompensed me wyth euill for good, and in place of charitie, they haue conceaued hatred agaynst me.

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MarginaliaA godly prayer of Iohn Hus.Wherfore behold I staying my selfe vppon this most holy and fruitfull example of my sauiour and redeemer, do appeale before God for this my grief and hard oppressiō from thys most wicked sentence, and iudgement, and the excommunication determined by the Byshop, Scribes, Phariseis, and Iudges, which sit in Moyses seate, and resigne my cause wholly vnto hym, so as the holy Patriarke of Constantinople Iohn ChrisostomeMarginaliaChrisostome. appealed twise from the Councell of the Byshops and Clergy. And Andrew Byshop of Prage,MarginaliaAndrew of Prage. and Robert Byshop of Lincolne, appealed vnto the soueraign and most iust iudge, the which is not defiled with crueltye, neyther canne he be corrupted with giftes and rewardes, neyther yet be deceiued, by false witnesse. Also I desire greatly

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that