The Pope had meanwhile appointed a committee, consisting of three bishops, for the purpose of undertaking a preliminary examination of the teaching of Hus. The commissioners examined numerous witnesses, all of whom were ordered to take their oaths in the presence of Hus. Thus, on one of the days when his illness was at its worst, fifteen witnesses were consecutively introduced into his prison. Hus demanded that a legal adviser should be allowed him, but this was refused him on the plea that it was illegal that any one should afford aid to a heretic. It may be noted that the condemnation of Hus had been decided on long before his three days' trial in June 1415, perhaps even, as some writers have conjectured, as early as in the previous November, when he was arrested. As soon as Hus had somewhat recovered, the act of accusation--mainly the work of Paleč and Michael de Causis--was brought to his knowledge. The accusation, consisting of forty-two articles, was principally founded on statements contained in the Latin treatise _De Ecclesia_; the last articles only dealt with statements extracted from other works of Hus. According to Mladenovič, the authors of the accusation "had chosen their quotations from the treatise (_De Ecclesia_), falsely and unfairly abbreviating some in the beginning, some in the middle, and some at the end, and inventing matter that was not contained in the book." Hus immediately published his defence, proving that he had taken many of the passages in his works that were attacked from the writings of Augustine, Gregory the Great, Bishop Grossetête of Lincoln, and other writers of unimpeached orthodoxy; he also complained that the quotations from his book were incorrect.
New material for accusations against Hus had been meanwhile brought forward. After his departure from Prague, one of his pupils (Magister Jacobellus of Mies[43]) had defended the necessity of communion in the two kinds, afterwards the distinctive doctrine of the Hussites. The followers of Hus at Prague appealed to him, but he confined himself to declaring in his letters that communion in the two kinds was permissible. When, however, the Council of Constance had, on June 15--after the last day of Hus's trial and a few days before his death--entirely forbidden communion in the two kinds to laymen, Hus went somewhat farther. He declared the prohibition of communion in the two kinds to be in direct contradiction to the Gospel,[44] and advised those among his friends who were uncertain with regard to the new teaching of Jacobellus, no longer to oppose it, as unity among the Bohemians was necessary in view of the dangers that, as Hus foresaw, would shortly menace the country.