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K. Henry.5. Iohn Hus. The Councell of Constance.

mentes for me on euery side by wayes where I should passe, and also because the perils and daungers of others, haue made me the more circumspect and aduised, and for so muche as my procurours were willing and contented to bind them selues euen to abide the punishment of the fire, to aunswere to all such as would appose or lay any thing agaynst me in the court of Rome, as also because they did imprisō my law

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MarginaliaThe procuratour of I. Hus layd in prison at Rome.full procurour in the sayd court, without any cause, deme rite or faulte as I suppose. Forsomuch then as the order and disposition of all auncient lawes, as well diuine of the olde and new testament, as also of the Canon lawes, is this, that the iudges should resort vnto the place wher the crime or fault is cōmitted or done, and there to enquire of all such crimes as shalbe obiected and layde agaynst him which is accused or slaundered, MarginaliaThe pope proued to do agaynst hys own canon lawe.and that of such men as by conuersation haue some knowledge or vnderstanding of the partye so accused (the which may not be the euill willers or enemyes of him which is so accused or slaundered, but must be men of an honest conuersation, no common quarell pickers or accusers, but feruent louers of the law of God) and finally that there should be a fitte and meet place appoynted whether as the accused party might without danger or peril, resort or come: and that the iudge and witnesses should not be enemies vnto hym that is accused: and also forsomuch as it is manifest that all these conditions were wanting and lacking, as touching my apparaunce for the sauegard of my life, I am excused before God from all the friuolous pretended obstinacye and excommunication. Whereupon I Iohn Hus do presente, and offer this my appeale vnto my Lord Iesu Christ, my iust Iudge who knoweth, defendeth, and iustly iudgeth euerye 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 aūswer: my words are these. That the deuision of all humayne workes is in two parties, that is, that they be eyther vertuous or vicious: For so much as it doth appeare that if any man be vertuous and godly, and that he do any thyng, he doth it then vertuously and godly. And contrarywise, if a man be vicious & naught, that which he doth is vicious and naught. For as vice which is called cryme or offence, and thereby vnderstande deadly sinne, doth vniuersally infect or depraue all the actes and doynges of the subiect, that is of the man which doth them: MarginaliaThe tree that is good bringeth forth good fruit.so likewyse vertue and godlines doth quicken all the actes and doynges of the vertuous & godly man: in so much that he beyng in the state of grace, is sayd to pray and doe good workes euen slepyng, as it were by a certaine meanes working: As Saint Augustine, Saint Gregory and diuers others affirme. And it appeareth in the sixt chapter of Luke: If thine eye that is to say, the mynd or intention be simple, not depraued wyth the peruersnes of any sinne or offence, all the whole body, that is to say, all the actes and doynges shall be cleare and shinyng, that is, acceptable and gratefull vnto God. But if thine eye be euill the whole body is darkened. And in the second to the Corin. x. chapter. All thinges that you do, do them to the glory of God. Marginalia2. Cor. 10.And likewyse in the first Epistle to the Corrinthians, and laste chapter it is sayd: Let all your doynges be done with charity. Marginalia1. Cor. vlt.wherfore all kynde of lyfe and liuyng accordyng vnto charity, is vertuous and godly: and if it be without charitie, it is vicious and euill. This saying may well be proued out of the. xxiii. chapter of Deutronomy, where God speaketh vnto the people that he that keepeth his commaundementes, is blessed in the house and in the field, out goyng & in commyng, sleepyng and wakyng: but he that doth not kepe hys commaundement is accursed in the house and in the fieldes, in goyng out and commyng in, sleeping and waking. &c. MarginaliaDeut. 23The same also is euident by S. Augustine vpon þe Psalme where he writeth, that a good mā in all his doings doth prayse the Lord. And Gregory sayth, that the sleepe of saintes and holy men, doth not lack their merite. How much more then his doinges which procede of a good zeale, be not without reward and consequently be vertuous and good? And cōtrarywise is it vnderstāded of him, which is in deadly sinne, of whom it is spoken in the law, that what soeuer the vncleane man doth touch, is made vncleane.

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To this end doth that also appertaine whiche is before repeted out of the first of Malachy. And Gregory in the first booke and first question, sayth: we do defile thebread, which is the body of Christ, when as we come vnworthely to the table, and when we beyng defiled, do drinke his bloud. And S. Augustine vpon the. 146. Psalme, sayth: if thou doost excede the due measure of nature, & doost not abstayne frō glottony, but gorge thy selfe vp with drōkennes, whatsoeuer laude or prayse thy tounge doth speake of the grace and fauour of God, thy life doth blaspheme the same. MarginaliaCardinall of Cambray obiecteth.When he had made an end of this article, the Cardinall of Cambray sayd: 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 lyue in deadly sinne. MarginaliaIohn Hus aunswereth.Iohn Hus aunswered the Scripture, speaketh in that place of veniall sinnes, the which do not vtterly expell or put away the habite of vertue from a man, but do associate thēselues together. And a certayne Englishe mā whose name was W. sayd: but those sinnes do not associate themselues wyth any act morally good. Iohn Hus alleaged agayne Saint Augustines place vpon. 146. Psalme, the which when he rehearsed, they all with one mouth sayd, what makes this to the purpose?

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Marginalia23.
Forbidding to preach, whether it ought to be obeyed.
The 23. Article. The minister of Christ liuyng according to his law, and hauing the knowledge and vnderstandyng of the Scriptures, and an earnest desire to edifie the people, ought to preach, notwithstandyng the pretended excommunciation of the Pope. And moreouer if the Pope or any other ruler, doe forbid any Priest or minister so disposed, not to preach, that he ought not to obey hym. I aunswere, that these were my wordes. That albeit the excommunication were eyther threatned or come out against hym, in such sort that a Christian ought not to doe the commaundementes of Christ, it appeareth by the wordes of Saint Peter, and the other Apostles, that we ought rather to obey God, then mā. Wherupon it followeth that the minister of Christ lyuing according vnto his law. &c. ought to preach notwithstanding any pretended excommunication. For it is euident that it is commaunded vnto the ministers of the Church to preach the worde of God. Actes. v. 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 followeth in my treatise in this maner: MarginaliaPreaching and almose geuing, be not workes indifferent, but duties and commaundements.

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By this it appeareth that for a minister to preach, and a rich man to geue almes, are not indifferent workes, but duties and commaundements. MarginaliaTo forbid a minister to preach: And to forbid a riche man to geue almose, is both one.Wherby it is further euidēt, that if the Pope or any other ruler of the Church do commaund any minister disposed for to preach, not to preach, or a rich mā disposed for to geue almes, not to geue, þt 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 which is vniustly disordered and geuen forth contrary to the order of the law and Gods commaundementes. For the whiche the meete Minister appointed therunto, ought not to cease from preachyng, neither yet to feare damnation.

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Then they obiected vnto him, that he had sayd that such kynde of excommunications were rather blessynges. MarginaliaHow the popes cursings are blessinges.Verely sayd Hus, euen so do I now say agayne, that euery excommunication, by the which a man is vniustly excommunicate: is vnto him a blessyng afore God, accordyng to the saying of the Prophet: I will curse where as you blesse: and contrarywise, they shall curse, but thou O Lord shalt blesse. MarginaliaThe Cardinall of Florence with hys Notarie.Then the Cardinall of Florence, which had alwayes a Notary ready at his hand to write such thynges as he commaunded him, sayd: The law is, that euery excommunication, be it neuer so vniust, ought to be feared. Marginalia8. causes why excommunication ought to be feared.It is true sayd Iohn Husse, for I do remember eight causes, for the which excommunication ought to be feared. Then sayd the Cardinal, is there no more but eight? It may be, said Iohn Hus, that there be more.

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Marginalia24.The. xxiiij. Article. Euery man which is admitted vnto the ministery of the Church, receiueth also by speciall commaundement, the office of a preacher, and ought to execute and fulfil that commaundement, notwithstandyng any excommunication pretended to the contrary. The aunswere. My wordes are these: For somuch as it doth appeare by that which is aforesayd, that whosoeuer commeth, or is admitted vnto the ministery, receiueth also by especially commaundement, the office of preachyng he ought to fulfill that commaundement, any excommunication to the cōtrary pretended notwithstanding. MarginaliaA minister once admitted is more bound to preach: then to doe any other worke of mercye, the popes prohibition notwithstanding.Also, no Christian ought to doubt, but that a man sufficiently instructed in learnyng, is more bound to counsaile and instruct the ignoraunt, to teache those which are in doubt, to chastise those which are vnruly, and to remitte and forgeue those that do him iniury, then for to do any other workes of mercy. For somuche then as he that is rich & hath sufficient, is bounden vnder the payne of damnation to minister and geue corporall and bodely almes, as appeareth in the. xxv. chap. of Mathew: how much more is he bounde to do spirituall almes?

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Marginalia25.The. xxv. article. The Ecclesiasticall censures are Anti-

chri-
FF.ij.