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K. Henry. 5. I. Hus his accusations. His answeres. The councell of Constance.

MarginaliaRobert bishop of Lincolne appealed from mē to christ. that all the faythfull seruauntes of Iesus Christ, and especially the Princes, Barons, Knightes, Esquires aud all other whiche inhabite our Country of Boheme, should vnderstand & know these things and haue compassion vpon me which am so greeuously oppressed by the excommunication whiche is out agaynst me, the whiche was obtayned and gotten by the instigation and procurement of Michaell de Causis my great enemy,MarginaliaIohn Hus complaineth of Michaell de Causis, his great enemie. and by the consent and furtheraunce of the Canons of the Cathedrall Churche of Prage, and geuen and graunted out by Peter of Sainct Angelles Deane of the Church of Rome, and Cardinall and also ordayned iudge by Pope Iohn the xxiij. who hath continued almost these two yeares and would geue no audience vnto my Aduocates and Procurators (which they ought not to deny: no not to a Iew or a Pagan, or to any hereticke, whatsoeuer he were) neyther yet woulde he receiue any reasonable excuse for that I did not appeare personally neyther would he accept the testimonials of the whole Vniuersity of Prage with the seale hāging at it, or the witnes of the sworn Notaries, and such as were called vnto witnesse. By thys all men may euidētly perceiue that I haue not incurred any fault or crym of contumacie or disobedience, for somuche as that I did not appeare in the Court of Rome, was not for any contempte, but for reasonable causes.

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And moreouer, for somuch as they had layd embushmentes for me on euery side by wayes where I shoulde passe, and also because the perils & dangers of others, haue made me the more circumspect and aduised, and for somuche as my procurours were willing and contented to bind themselues euen to abide the punishment of the fire, to answere to all such as would appose or lay any thing agaynst me in the Court of Rome, as also because they dyd imprison my lawfull procuratour in the sayd Court,MarginaliaThe procurator of I. Hus laid in prison at Rome. without any cause, demerite or faulte as I suppose. For somuch then as the order and disposition of all auncient lawes, as well deuine of the old and new testament, as also of the Canon lawes is this, MarginaliaThe pope proued to do against his owne canon lawe.that the Iudges should resorte vnto the place where the crime or faulte is committed or done, and there to enquire of al such crimes as shal be obiected and layd agaynst hym which is accused, or slandered and that of such men as by conuersation haue some knowledge or vnderstanding of the party so accused (the whiche may not be the euill willers or enemies of hym, which is so accused or slaundered but must be men of an honest conuersation, no common quarrell pickers or accusers, but feruent louers of the law of God) and finally that there shold be a fit and meete place appoynted whether as the accused party might without daunger or perill, resorte or come, and that the Iudge and witnesses should not be enemies vnto hym that is accused. And also forsomuche as it is manifest that all these conditions were wanting and lacking, as touching my appearaunce for the safegard of my life, I am excused before God from the friuolous pretended obstinacie and excommunication. Wherupon I I. Hus do present, & offer this my appeale vnto my Lord Iesu Christ, my iust iudge, who knoweth defendeth, and iustly iudgeth euery mans iust and true cause.

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Marginalia22. A knot found in a rushe.The 22. Article. A vicious and naughty man liueth viciously and naughtely: but a vertuous and godly man lyueth vertuously and godly. I answer: my words are these That the deuision of all humaine works is in two parties that is, that they be eyther vertuous or vicious: For somuch as it doth appeare that if any man be vertuous and godly, and that he do any thing, he doth it then vertuously and godly. And contrariwise if a man be vicious & naught that whiche hee doth is vicious and naught. For as vice which is called crime or offence, and thereby vnderstande deadly sinne, doth vniuersally infect or depraue all the acts and doinges of the subiect, that is of the man whiche doth them: so likewise vertue and godlines doth quicken all the actes and doyngs of the vertuous & godly man:MarginaliaThe tree that is good bringeth forth good fruit. in somuch that he being in the state of grace, is layd to praye and doe good works euen sleping, as it were by a certayn meanes working. As S. Augustine, S. Gregory and diuers other affirme. And it appeareth in the sixt chapter of Luke: If thine eye that is to say, the minde or intention be simple, not depraued with the peruersenes of any sinne or offence all the whole body, that is to say, all the actes and doinges shall be cleare and shyning, that is, acceptable and grateful vnto God. But if thine eye be euil, the whole body is darkned And in the second to the Corin. x. Chapter.Marginalia2. Cor. 10. All thinges that you do, do them to the glory of God. And lykewise in the first Epistle to the Corinthians, and last chapter it is sayd:Marginalia1. Cor. vlt. Let all your doinges be done with charitie. Wherfore all kinde of lyfe and liuing according vnto charitie, is vertuous and godly: and if it be without charitie, it is vicious and euill. This saying may well be prooued out of the 23. chapter of Deuteronomy,MarginaliaDeu. 23. where God speaketh vnto þe people that hee that keepeth hys commaundementes, is blessed in the house and in the field, out goyng and in comming, sleeping and waking: but he that doth not keepe his commaundementes is accursed in the house and in þe fieldsin goyng out and comming in, sleeping, and waking &c. The same also is euident by S. Augustine vpon the Psal. where he writeth, that a good man in all hys doinges doth prayse the Lord. And Gregory saith that the sleep of saints and holy men doth not lack their merite. How much more then hys doinges which proceede of good zeale, be not wtout reward and consequently be vertuous and good? And contrariwise it is vnderstanded of hym, which is in deadly sinne, of whome it is spoken in the law, that whatsoeuer the vncleane man doth touch, is made vncleane.

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To this end doth that also appertayne which is before repeated out of the first of Malachie. And Gregorie in the first booke and first question, sayth: we doe defile the bread, which is the body of Christ, when as we come vnworthely to the table, and when we being defiled, doe drinke hys bloud. And S. Augustine vpon the 146. Psalme, sayth: if thou doest exceed the due measure of nature, & doest not abstayne from glottony, but gorge thy selfe vp wt dronkennes whatsoeuer laude or prayse thy tongue doth speake, of the grace and fauour of God, thy life doth blaspheme the same When he had made an end of this arcicle, the Cardinall of Cambray sayd: MarginaliaCardinall of Cambray obiecteth.The scripture sayth that we be all sinners. And agayne, if we say we haue no sinne, we deceiue our selues, and so we should alwayes liue in deadly sinne. Iohn Hus aunswered, MarginaliaIohn Hus aunswereth.the Scripture, speaketh in that place of veniall sinnes, the whiche doe not vtterly expell or put away the habite of vertue from a man, but do associate thēselues together. And a certayne English man whose name was W. sayd: but those sinnes do not associate themselues with anye acte morally good. Iohn Hus alledged agayne S. Augustines place vpon 146. Psalme the whiche when he rehearsed, they all with one mouth sayd, what makes this to the purpose?

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Marginalia23.The 13. article. The minister of Christ liuing according to his law, and hauing the knowledge and vnderstanding of the scriptures, and an earnest desire to edifie the people, ought to preach, notwithstanding the pretended excommunication of the pope. And moreouer if the pope or anye other ruler, doe forbid any priestes or minister so disposed, not to preach, that he ought not to obey him. I aunswere, that these were my wordes. MarginaliaForbidding to preach, whether it ought to be obeyed.That albeit the excommunication were eyther threatned or come out agaynst hym, in such sort that a Christian man ought not to doe the commandementes of Christ, it appeareth by the wordes of S. Peter, and the other Apostles, that we ought rather to obey God, then man. Whereupon it followeth that the minister of Christ lyuing according vnto this lawe. &c. ought to preach notwithstanding any pretended excommunication For it is euident that it is commanded vnto the ministers of the Church to preach the word of God. Actes 5.MarginaliaAct.. 5. GOD hath commaunded vs to preach and testifie vnto the people, as by diuers other places of the scripture, and the holy fathers, rehearsed in my treatise it doth appeare more at large. The second part of this article foloweth in my treatise in this maner.

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MarginaliaPreaching & almose geuing be not workes indifferent , but duties & commaundementes.By this it appeareth that for a minister to preache, and a rich man to geue almes, are not indifferent workes, but duties and commaundementes. Wherby it is further euident, þt if the pope or any other rule of the Church do commaund any minister disposed for to preach, not to preach, or a rich man disposed for to geue almes, not to geue,MarginaliaTo forbid a minister to preach: And to forbid a rich man to geue almose, is both one. that they ought not to obey hym. And he added moreouer, to the intent that you may vnderstand me the better. I call that a pretended excommunication, the whiche is vniustly disordered and geuen forth contrary to the order of the law and Gods commaundements. For the which the meete Minister appointed therunto ought not to cease from preaching neyther yet to feare damnation.

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Then they obiected vnto him, that he had sayd þt suche kinde of excommunications were rather blessinges. Verely said Hus, euē so do I now say again, MarginaliaHow the popes cursinges are blessinges.that euery excommunication, by the whiche a man is vniustly excommunicate: is vnto him a blessing afore God, according to þe saying of the Prophet: I will curse where as you blesse: and contrariwise, they shal curse, but thou O Lord shalt blesse. Then the Cardinal of florence,MarginaliaThe Cardinall of Florence with his Notarie, which had alwayes a Notary ready at his hand to write such thinges as he cōmanded him, said: The law is, that euery excommunication, be it neuer so vniust, ought to be feared. It is true sayd Iohn Hus, for I do remember eight causes,Marginalia8. Causes why excommunication ought to be feared. for the whiche excōmunication ought to be feared. Then sayd the Cardinall, is there no more but eight? It may be, said Iohn Hus, that there be more.

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Marginalia24.The xxiiii. Article. Euery man which is admitted vnto þe ministery of the Church, receiueth also by speciall cōmaundement, the office of a preacher, and ought to execute and fulfil that commaundement, notwithstanding any ex-

communica-