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620 [564]

Actes and Monuments of the Churche.

ties graunted to vs by Christes deathe thether will men seke and flye to know how they may enioy and attaine them which I besech him to graunt vs amen.

MarginaliaAunswere to the 37. article.In the. xxxvii. where you do aske whether I beleue that the same thinge which the coūcell of Constance representynge the vniuersall church hath aproued and doth approue for the mainteinance of faith and soules helth, that þe same is to be approued and holden of al christē people. And that which the same coūcell hath condempned and do condempne, to be contrary to good faith and good manners, ought of the same Christē people for to be beleued and affirmed for a thinge condempned? MarginaliaFor the autority of the councell of Cōstance. I say that what so euer the same councell or any other haue approued, being approbatiō or alowance worthy, is of all christen people to be likewise approued, holden, and alowed. And againe, what so euer the same or any other hath condēned, being reprofe and condempnation worthy, for by cause it is hurtfull to faith or good liuing, I say the same ought of al Christen people to be condempned and reproued. But this surmonteth my knowledge to discern ī what wise ther iudgemēt passed whether with right or vnright: for by cause I neuer loked vpon their acts. Nother do I greatly couet for to do: wherefore I refer the determination to them that hath better auised ther doinges and therby hath some more skil in them than I.

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MarginaliaAunswere to the 38. article.In the. xxxviii. you demaund whether the cōdempnacions of Iohn Wicclefe, Iohn Hus & of Hierom of Prage done vpon ther parsons, bokes and documents, by the holy general coūcel of Constance wer duely and rightfully don And so for such euery catholike parsone they are to be holden and surely to be affirmed? I answer that it passeth my knowleadge, and I cannot tell. Thinkinge surely that though I am ignorante of the same so that I canne not discusse the thinge determinatly, my Christendome shall be thefore neuer the lesse, and that I and al christen may wel suspend our sentēce beinge therof ignorant, affirminge nother the one ne the other, nother ye nor nay.

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MarginaliaAunswere to the. 39. articleIn the. xxxix. you aske whether I beleue, hold and affirme that Iohn Wiccleffe of englande Iohn Hus of Bohome & Hierome of prage were heretickes and for heretickes to be named, and their bookes and Doctrynes to haue bene and now be peruersid, for the which bokes and pertinacite of ther parsones, they are condempnyd by the holy councell of constance for heretickes? I say that I know not determinatly whether they be hereticks or no: nother ther bokes be erronious or no? Ne whether they ought to be called heretickes or no?

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MarginaliaAnswere to the. 40 article.In the. xl. where you aske wether I beleue and affirme that it is not lawfull in any case to swere I say that I nother so doo beleue neaffirme, ne neuer did.

MarginaliaAnswer to the 41. article.In þe. xli. where you aske whether I beleue it is lawfull at the commaundement of a iudg to make an othe to say the truth or any other othe in a case conuenient and that also for purgation of infamy? I aunswer that I neuer said the contrary but that I thinke & haue thought it lawfull to giue an othe afore a iudge to say the truth if the iudge so require and that by request lawful and conuenient. MarginaliaHow an oth ought to be required of a iudge and how it may geuen befor a iudge. As when a thing is in controuersy bytwixt two parsones and therupon they sue vnto a iudge for sentence, when the iudge cā none other wise boult out the truth, he may require an othe. As when þe two women which contendid befor Salomon to auoide the crime of murder, whiche the one had committed in opressinge hir child to deth and would haue put the same vpon the other If Salomon coulde not by his wisdome other wise haue inuestigat the truthe, he might I suppose for to haue come by the more certein information of the thing, haue caused that one of them or both, seinge it expedient for him, to swere, wherin the women had ben bounde to obey him. Marginaliaouer much vse of othes in cartes reprehended. But iudges had neade to be spare in requiring of othes. For in customable or ofte iuries, crepeth in alway betwix times som periury, as sheweth Chrisostome in words semable to these, and thinges precious, thorow oft haunt or occupieng loseth ther estimation. and so reuerent othes vnaduisedly required for euery trifle vsually, do cause men to regarde little for making of them, ye & I feare to breke thē. Therfore in Almain they haue made of late as I haue hard say be credible parsōs which hath come from thens many notable ordinances for the comon welth within a while, & amonges other this is one. MarginaliaThe vse & manner of Germaines in causes iudiciall. If a man be set for to enter ple against an other in any town. The pieres therof afore whom all actions are vsed to be debated hering such aplee entred, shal call the parteis priuatly together before they come in to any open court. And the matter examined they shall exhort them to let the plee ceasse wtout further proces, shewing them the great domage both godly and wordly, coming of wayging the law and the great ease and commodity that is in a agrement and concord. Which exhortacion they vse to shewe with so greate grauity and fatherly loue (such wonders are wrought where the gospell hath fre passage) that very few wil commence plee. And though any plee be commensid thorow such saige admonytion it falleth lightly to sequestration & arbitriment of neighboures, that sitteth the suters at vnity, ere the matter doo come to discussion in open court notwithstanding if some be so weywardly minded (as in a multitude all are not one manes children and therfore vnlike of intent) that they will neades procede and folow the law. They shall be hard to speke

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