Page:The Acts and Monuments of John Foxe Volume 3.djvu/498

 excuse, for that I did not appear personally; neither would he accept the testimonials of the whole university of Prague with the seal hanging at it, or the witness of the sworn notaries, and such as were called to witness. By this all men may evidently perceive that I have not incurred any fault or crime of contumacy or disobedience, forasmuch as it was not for any contempt, but for reasonable causes, that I did not appear in the court of Rome.

And moreover, forasmuch as they had laid ambushments for me on every side by ways where I should pass, and also because the perils and dangers of others have made me the more circumspect and advised: and forasmuch as my procurers were willing and contented to bind themselves even to abide the punishment of the fire, to answer to all such as would oppose or lay any thing against me in the court of Rome; as also because they did imprison my lawful procurator in the said court, without any cause, demerit, or fault, as I suppose. Forasmuch then as the order and disposition of all ancient laws, as well divine of the Old and New Testament, as also of the canon laws, is this; that the judges should resort unto the place where the crime or fault is committed or done, and there to inquire of all such crimes as shall be objected and laid against him who is accused or slandered; and that by such men as by conversation have some knowledge or understanding of the party so accused (who may not be the evil willers or enemies of him who is so accused or slandered, but must be men of an honest conversation, no common quarrel-pickers or accusers, but fervent lovers of the law of God) : and finally, that there should be a fit and meet place appointed, whither the accused party might, without danger or peril, resort or come, and that the judge and witnesses should not be enemies unto him that is accused. And also, forasmuch as it is manifest, that all these conditions were wanting and lacking, as touching my appearance for the safeguard of my life, I am excused before God from the frivolous pretended obstinacy and excommunication. Whereupon I, John Huss, do present and offer this my appeal unto my Lord Jesus Christ, my just judge, who knoweth, and defendeth, and justly judgeth, every man's just and true cause.

Other articles moreover out of his other books were collected, and forced against him: first, out of his treatise written against Stephen Paletz, to the number of ; also strained out of his treatise against Stanislaus Znoyma: whereunto his answers likewise be adjoined, not unfruitful to be read.

The first article: 'If the pope, bishop, or prelate, be in deadly sin, he is then no pope, bishop, nor prelate.' Answer: I grant thereunto, and I send you unto St. Augustine, Jerome, Chrysostome, Gregory, Cyprian, and Bernard; who do say moreover, that whosoever is in deadly sin, is no true Christian; how much less then is he pope or bishop? Of whom it is spoken by the prophet Amos, 'They have reigned and ruled, and not through me; they became princes, and I knew them not,' &c. But afterwards I do grant, that a wicked pope, bishop, or priest, is an unworthy minister of the sacrament, by whom God doth baptize, consecrate, or otherwise work, to the profit of his church: and this is largely handled in the text of the book by the authorities of the holy doctors; for even he who is in deadly sin, is not worthily a king before God, as appeareth in 1 Kings xv.; where God saith to Saul by the prophet Samuel, 'Forasmuch as thou hast refused and cast off my word, I will also refuse and cast thee off, that thou shalt be no more king.'

While these things were thus entreating, the emperor, looking out of a certain window of the cloister, accompanied with the county Palatine, and the burgrave of Nuremberg, conferring and talking much of John Huss: at length he said, that there was never a worse or more pernicious heretic than he. In the mean while, when John Huss had spoken these words as touching the unworthy king, by and by the emperor was called, and he was commanded to repeat those words again; "which after that he had done, his duty therein being considered,