Council of
Basel/Ferrara/Florence 1431-45 A.D.
SESSION 1 14 December 1431
The holy synod of Basel,
representing the universal church, legitimately assembled in the holy Spirit
under the presidency of the most reverend father in Christ lord Julian,
cardinal deacon of St Angelo of the holy Roman church, legate of the apostolic
see, for the glory of almighty God, the exaltation of the catholic faith and
the progress of the christian religion, laying its foundation on the
cornerstone Christ Jesus, in whom the whole structure is joined together and
grows into a holy temple in the Lord, calls to mind that the holy general synod
of Constance, celebrated in the holy Spirit, esteeming it salutary and
beneficial that general councils should be frequent in the holy church of God,
established this by its decree as follows: The frequent holding of general
councils . . . 2 Hence for the execution of that decree, the city of Pavia in
Italy was chosen for the general council to be held at the end of the five
years immediately following. At the decreed time that council was indeed
inaugurated in the said city of Pavia and thence it was translated for certain
reasons to the city of Siena. In that general council which was begun in Pavia
and was held in the city of Siena, this city of Basel was chosen and duly
assigned for the next future general council to be held after the seven-year
period from the end of the council of Siena, as is stated in the public
instrument then composed about this succession.
[Establishment of the holy
council of Basel]
The most reverend lord
legate in his desire to fulfil the apostolic commission since at the time when
the beginning of the council was imminent he was immersed in the expedition
against the pestilential heresy of the Hussites for the sake of the faith, had
his vicegerents despatched to this city and thereafter with all possible speed
came himself to this city, in order that, with the help of God's grace, he
might fulfil in this general council the office of legate laid upon him, as our
most holy lord Eugenius IV, pope by divine providence, had by a series of letters
of his holiness enjoined on him. In this city, during more than three months,
he held several congregations with prelates and others who had arrived in the
city for the said general council, and he had discussions about the
establishment and holding of the council. Finally it was decreed that the
present solemn session should be held, in which, firstly, since from the above
it is manifest that this city is the place deputed for the general council and
the date for it to be held is already past, and the authority of the most holy
apostolic see is not lacking, it decrees, defines and declares that in this
city and place the general council is canonically fixed and founded, and that
all, both prelates and others who by right or custom are obliged to attend
general councils, are bound to come to its celebration.
[Purpose of the council of
Basel]
Seeing that all things
direct their actions more immediately and intensely the more knowledge they
have of their destined purpose, so this holy synod, after intense meditation
and thought on the needs of the christian religion and after mature and ordered
deliberation, decrees that, with the help of God from whom all good things
comet, it will pursue with all its zeal and attention these three ends. First
that, with the banishment of the darkness of all heresies from the bounds of
the christian people, the light of catholic truth, by the generosity of Christ
the true light, may be resplendent. Secondly that, after due thought and with
the help of the author of peace, the christian people, freed from the madness
of wars by which -- with the sower of weeds doing his work -- it is affected
and divided in various parts of the world, may be brought back to a peaceful
and tranquil state. Thirdly, as the vine of Christ has already almost run wild
on account of the multitude of thistles and thorns of vices crowding in upon
it, to cut them back through the endeavour of necessary cultivation, with the
work from on high of the evangelical husbandman, so that it may flourish again
and produce with happy abundance the fruits of virtue and esteem. Since such
great benefits as these cannot be hoped for without a generous flow of heavenly
grace, it earnestly exhorts in the Lord all Christ's faithful that for the
happy achievement of the aforesaid they should urge the divine majesty with
devout prayers, fasts and almsgiving that the good and merciful God, placated
by such humble submission, may deign with his accustomed goodness to grant to
this sacred council the desired completion of all these things, imposing this
on them unto the remission of their sins.
SESSION 2 15
February 1432
The holy general
synod of Basel, representing the church militant, for an everlasting record. To
the praise of almighty God and the glory and honour of the blessed and
undivided Trinity, for the extirpation of heresies and errors, for the
reformation of morals in head and members of the church of God, and for the
pacification of kings and kingdoms and other Christians in discord among
themselves through the instigation of the author of discords, the synod,
legitimately assembled in the holy Spirit, decrees, establishes, defines,
declares and ordains as follows.
[Decree that the
council of Basel is legitimately begun]
First, that the
same sacred synod of Basel, by the decrees and ordinances of the sacred general
councils of Constance and of Siena, and by the action of apostolic authority,
was and is duly and legitimately begun and assembled in this place of Basel.
And lest anyone should doubt about the power of the same sacred synod of Basel,
this same synod in this present session ordains and decrees that two
declarations from the decrees of the synod of Constance are to be inserted
among its other decrees already issued or to be issued. The text of the first
of these declarations is as follows, First it declares . . . 1; that of the
other is this, Next it declares . . . I Therefore, presupposing also some other
decrees of the council of Constance, especially the one beginning The frequent,
which were read out in a former session of this sacred synod of Basel, the said
synod of Basel decrees and declares that, legitimately assembled in the holy
Spirit, for the extirpation of heresies and a general reformation of morals in
the church in head and members, and also for procuring peace among Christians,
as is stated above, no one of whatever authority, even if he is distinguished
by the dignity of the papacy, could or should have in the past, or can or ought
to now or in the future, dissolve or transfer the said synod of Basel to
another locality or prorogue it to another date without the deliberation and
consent of the same synod of Basel.
SESSION 3 29
April 1432
[Impossibility of
the dissolution of the council is decreed]
This holy
council, considering that the aforesaid dissolution of the council was enacted
contrary to the decrees of the council of Constance, and that it leads to a
serious danger of subversion of the faith as well as disturbance and harm for
the state of the church and scandal for the whole christian people, decreed
that the dissolution could not be made. Since, therefore, the dissolution is no
obstacle at all, the prosecution of what has been praiseworthily set in motion
for the stability of the faith and the salvation of the christian people
should, with the grace of the holy Spirit, be proceeded with. But since the
aforesaid bishop of Lausanne and the dean of Utrecht, on their return, did not
bring back from the most holy lord pope the desired reply, although the said
most holy lord pope had been entreated, appealed to, required, requested and
with every insistence very often implored not only by the aforesaid messengers
in the name of the council but also by the most serene lord Sigismund, king of
the Romans and loyal supporter of the church, so this holy synod, relying on
the decrees of the sacred council of Constance, whose words are these, That the
holy synod . . . ' decreed in this solemn session to make its demands to the
most holy lord pope and also to the most reverend lord cardinals in the way and
style as follows.
This holy synod,
therefore, legitimately assembled in the holy Spirit, beseeches the aforesaid
most blessed lord pope Eugenius with all reverence and insistence and through
the tender mercy of Jesus Christ entreats, requires implores and warns him to
revoke in fact the alleged dissolution as in fact it was issued, and in the
same way as he made the dissolution to send and publish over the different
parts of the world the revocation, and completely to desist from every obstacle
against the said council: indeed more, to favour and assist the council, as is
his duty, and to offer it every support and opportune help, and to come in
person within three months -- an interval which it assigns and determines as a
peremptory limit -- if his physical state so allows. But if it does not, in his
place and stead he should nominate some person or persons and send them with
plenary power for each and every question in this council up to its very end
through each and all of its acts gradually and successively. Otherwise, if his
holiness should fail to do this, which is a thing that in no way is to be
expected of the vicar of Christ, the holy synod will see to it that provision
is made for the necessities of the church as shall seem just and as the holy
Spirit shall dictate, and will proceed in accordance with what befits both
divine and human law.
In the same way
it beseeches, requires, implores and warns the aforesaid most reverend lord
cardinals, who as the chief hinges of the church of God should apply their
minds with great fervour to these things, that they should bring earnest
pressure to bear on the lord pope about the aforesaid things, and should
favour, aid and help this sacred council in every opportune way. And since
their presence, in view of their authority, great prudence and practical
experience, is highly expedient for this sacred council, it requires and warns
and cites the lord cardinals and each of them in particular that, canonical
impediment ceasing, they shall come to the said council within three months
from the notification by this present decree, which interval it precisely and
peremptorily assigns and determines for the triple canonical monition.
Otherwise, since failure to come to the sacred general council so as to aid the
church in its great necessities will without doubt be judged as contributing to
the danger of a serious challenge to the catholic faith and to the harm of the
whole church, this holy council at the expiry of the stated interval will take
proceedings against those who have failed to come, since their contumacy
demands this, according as the order of divine as well as human law shall
dictate and allow, and will take steps, with the help of the most High, to
provide for the necessities of the church. In the aforesaid however, the said
synod has no intention of including the most reverend lord cardinal of holy Cross
as long as he is engaged in negotiations for peace between the kingdoms of
France and England; but in respect of the most reverend lord cardinals of
Plasencia and of Foix, as they are commonly called, and the cardinal of St
Eustathius, since they are in nearer localities, it limits the above-mentioned
interval to two months.
Further the holy
synod orders all lord patriarchs, archbishops, bishops and other prelates of
churches, and clerics, notaries and ecclesiastical personages, as also other
faithful of Christ, of every status, dignity, grade and condition, and it
requires and requests all princes and lords, even if they possess imperial,
regal, ducal or any other authority, who shall have been requested regarding
the above, that in virtue of holy obedience, under threat of the divine
judgment and under pain of excommunication, they should report, intimate and
notify all and each of the aforesaid things to the said most holy lord pope and
to the most reverend lord cardinals, and should have them reported, intimated
and notified to these people in person, if they have safe and convenient access
to them. Where personal access is not possible, this is to be done by affixing
notices drawn up by a public notary, if this can be done safely, to their
residences and also on the door of the apostolic palace and on the churches of
St John Lateran, St Peter's and St Mary Maggiore; or failing that, on the chief
churches of the cities of Sutri Viterbo and Siena, or three other neighbouring
cities, as it shall seem better. This holy synod decrees that these places are
suitable for the execution of all the aforementioned.
Yet this holy
synod, desiring to meeting future eventualities and to avoid all waste of time,
since delay in these matters is fraught with danger, ordains and decrees that a
decree of admonition and citation of this kind, after it has been read out in
this solemn session and published, shall be affixed to the doors of the
cathedral church of Basel so that, should it happen that its intimation cannot be
effected in any of the ways outlined above, in that case, as by a public edict,
for four months to be calculated from this day, the publication, monition and
citation shall be considered as performed in respect of all its effects, so
that all its effects are obtained and it binds those to whom it is directed as
if it had been insinuated and presented in person, the above peremptory force
and threats being considered here as inserted.
Further, this
holy council declares and insists that, despite the aforesaid delays, since a
legal summons has already been issued by the decrees of the council of
Constance, and since the urgency of the situation suggests the following, as
does also the nature of what is to be accomplished in the continuation of the
council and of the things to be done in it, it means to proceed in anorderly,
due and mature manner, and for that reason not to be remiss in any way in the
process. Lastly, this holy synod decrees citations for all prelates and others
who are obliged to come to a general council, and each and all generals of
orders and also inquisitors of heresy, with the delay of a fixed term or terms
as it shall seem good to the deputies, with penalties and censures and suitable
conditions.
SESSION 4 20 June
1432
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church. By this decree we indicate to all that to each and every
priest, baron, noble, soldier and citizen and every other man of whatever
status, condition or rank from the kingdom of Bohemia and the marquisate of
Moravia, from Prague and the cities and other places of the same, and to all
other ecclesiastical and secular persons who, male or female, will be sent with
them to the general council of Basel and are about to set out, to all these
persons under whatever name they are listed or can be called, within however
the number of two hundred persons, by the force of this present decree we grant
and give our fullest and perfect safe-conduct and we bestow a most genuine security
for their coming to this city of Basel and their abiding, staying and resting
here, and for their treating with us on affairs suitably committed to them and
their arranging, concluding and ending them. We allow them to perform the
divine offices in their lodgings without any obstacle on our part; so that
also, on account of their presence, neither on their journey nor in any other
place of their journey, in coming, remaining or returning, nor in the city
itself of Basel, will cessation from divine offices be imposed in any way in
the form of an interdict.
Further, they
will be allowed freely to propose and explain in the general council or synod
of Basel, by word of mouth or in writing, the four articles on whose clarity
they insist; to prove, support and recommend them with quotations from the
sacred scriptures and the blessed doctors and, if need be, to reply to the
objections of the general synod or to argue about them with one or several from
the council or to discuss them in a charitable way without any impediment; with
reproach, abuse and taunt being totally excluded, observing the form and the
ways specified and mutually agreed between our envoys and the messengers of the
aforesaid kingdom and marquisate in the city of Eger; and specifically that in
the case of the four articles proposed by them, the divine law, the apostolic
practice of Christ and of the primitive church, and the councils and doctors
truly founding themselves on the same, will be accepted in the council of Basel
as the most true and impartial judge. Whether these discussions are or are not
brought to a conclusion, whenever by the order or permission of their superiors
they, or any one of them, shall choose to return home, then straightaway,
without any refusal, condition or delay, they may return freely and safely at
their pleasure, with their goods, honour and persons intact, but with the
knowledge of the deputies of the council so that suitable provision may be
made, without guile or fraud, for their safety.
Moreover, in this
safe-conduct of theirs we wish all clauses to be included and contained, and to
be held as included, which are necessary and opportune for full, efficacious
and sufficient safety in coming, staying and returning; we express these things
clearly in order to secure and keep the good of peace. If any one or several of
them, whether coming on their journey to us in Basel or while staying here or
on their return, shall commit (may it not be so) some heinous crime by which
the benefit of security conceded to them could be annulled and quashed, we
wish, admit and concede that those arrested in a deed of such sort shall
straightaway be punished only by their own people, not by others, by an
adequate censure and a sufficient penalty to be approved and praised by us, with
the form, conditions and ways of their security remaining completely
unimpaired. Similarly if any of ours, whether on their way to us in Basel or
while staying here or returning, shall commit (may it not be so) some heinous
crime through which the benefit of the security conceded to them could be
annulled or quashed, we wish that those arrested in a crime of this sort shall
straightaway be punished only by us and our people, not by others, by an
adequate censure and a sufficient penalty to be approved and praised by the
lord ambassadors and envoys, with the present form, conditions and ways of the
security remaining completely unimpaired.
We wish also that
it be allowed to each and every ambassador as often as it is opportune or
necessary, to leave the city of Basel in order to take the air and to return to
it, and freely to send and despatch their messengers to any place for the
arrangement of necessary affairs and to receive a messenger or messengers as
often as it suits them, in such a way that they are accompanied by the deputies
of the council who will provide for their safety. Further, neither in
discussions, public sermons or other conferences can or may our side, in
prejudice, derogation or depreciation of the case of the four articles, employ or
procure in the locality of the city of Basel any terms that tend to disorder.
These safe-conducts and assurances are to remain in force from the moment when,
and for as long as, they are received into the care of our protection, to be
brought to Basel, and in all the period of their staying here: and again on the
conclusion of a sufficient hearing, an interval of twenty days having been set
in advance, when they shall request it, or after the hearing the council shall
decide, we shall, with God's help and without any guile or fraud, let them
return from Basel to Tuschkau, Tachov or Engelsberg, to whichever of these
places they prefer to go.
Also for all of
Christ's faithful, especially for the most holy lord the Roman pontiff, the
most serene prince the lord Sigismund, king of the Romans etc. , the venerable
lord cardinals, archbishops and bishops and lord abbots, prelates and clerics
as well as for the most illustrious princes, kings, dukes, marquises, counts,
barons and noble soldiers, universities, and communities of cities, castles and
towns, and their councillors, magistrates, officials and others of whatever
condition and status, whether ecclesiastical or secular, under whatever name
they go, and for the subjects of all the aforesaid and every part of them, we
promise in good faith and guarantee that all of us and every one of the
aforesaid persons will observe and guard the prescribed security and the form
of their safe-conduct in all its conditions, points and clauses elaborated
above, inviolably and unbroken in good faith and with pure heart. Further, we
promise that we neither wish nor ought on any alleged occasion, covertly or
overtly, to employ any authority, power, law, statute or privilege of laws or
canons or of any councils whatever, especially of Constance and Siena, in
whatever form of words they may be expressed, to any prejudice of the
safe-conduct or assurance and the public hearing which we have granted to them.
But if we or anyone of us, of whatever condition or status or pre-eminence, shall
violate in any detail or clause the form and way of the above assurance and
safe-conduct (which, however, may the Almighty deign to avert), and a suitable
penalty shall not have followed straightaway, to be fittingly approved and
praised by their judgment, let them hold us, as indeed they can, to have
incurred all penalties which by divine and human law or by custom violators of
such safe-conducts incur, without any excuse or any challenge from this side .
[If the apostolic
see becomes vacant while the council is in progress, the election may not be
held outside the council]'
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, bears in mind that it pertains to the duty of providence to
foresee the future with clear-sighted consideration and to take wholesome steps
against what could bring harm to the common good. The synod is intent upon the
extirpation of heresies, peace among the people of Christ and the reformation
of morals, with the grace of the holy Spirit, as is really necessary in view of
the present situation. It has summoned the venerable fathers in Christ, the
cardinals of the holy Roman church, to this sacred council, convinced that
their presence at it is fruitful in many ways in view of their authority,
wisdom and knowledge of affairs. If, then, as obedient sons they are coming to
the council when the apostolic see falls vacant elsewhere, such a situation
would redound to the benefit of the church but the obedient cardinals would be serving
the council to their own disadvantage, whereas everyone knows that obedience
should bring with it not disadvantage but an increase of benefit and honour.
Lest disobedience may seem to be to the advantage of some who fail to come,
this holy synod, with purposeful anticipation and for the above and other
reasons which can and should motivate a prudent mind establishes, decrees and
defines that, in the event of a vacancy of the apostolic see while this sacred
council is in progress, the election of the supreme pontiff shall be held in
the place of this sacred council, and it forbids it to be held elsewhere. The
synod also decrees that any attempt against this by any authority whatsoever,
be it even papal, notwithstanding any constitutions issued or to be issued or
anything else acting to the contrary, even if there should be special mention
in so many words or a confirmation on oath, which the synod rejects with full
knowledge, is null and void and of no force or importance by law; and that
those who attempt such things shall be disqualified in both active and passive
voice with respect to the election of a Roman pontiff and for every other
dignity, and deprived perpetually of all dignities which they hold, and shall
automatically incur the mark of infamy as well as sentence of excommunication.
If any such pretended election should be attempted, then both the one allegedly
elected and his supporters as well as those who treat him as elected incur in
the same way the above-mentioned penalties. The said synod reserves to itself,
except at the moment of death, absolution of everyone who in any way shall
incur the said sentences or any one of them. It declares that the present
decree shall bind and come into force after forty days following its
publication.
SESSION 5 9
August 1432
[In this session
there were approved rules about the organization of the council: On cases and
the procurator of the faith; Judges are deputed for the general examination of
cases; That members of the council may not be brought to trial outside the
place of this council; Officials are appointed. ]
SESSION 6 6
September 1432
[This session was
devoted to reading: Petition of the promoters of the council against the pope
and the cardinals. ]
SESSION 7 6
November 1432 [Interval for a papal election]
The most holy
general synod of Basel, legitimately assembled in the holy Spirit, representing
the universal church, for an everlasting record. Earlier this holy synod issued
a decree about the election of a Roman pontiff if a vacancy of the apostolic
see occurs during this sacred council. It is entitled, It pertains to the duty
of providence . . . , and is to be found in full in the fourth session.
However, a doubt about that decree has occurred to some, namely that the
interval of ten days which the constitution of the council of Lyons fixed for
the cardinals of the holy Roman church to enter the conclave, might elapse and
be too restricted at least by the time that notification of the vacancy reaches
this council. For, the interval would seems to be too rigid and too short for
many of the cardinals who may be away in localities distant from this council.
Moreover this holy synod wishes to eliminate all grounds for doubt and to
provide carefully for what is conducive to the peace and unity of God's holy
church, and with all modesty and due maturity to proceed with what is known in
this matter, as in all things to promote the exaltation of the catholic faith
and the general reformation and peace of the christian people, for which the
council is legitimately assembled in the holy Spirit. It therefore decrees that
in the case of a vacancy of the apostolic see in the lifetime of this present
council, nothing shall be done for the election of a Roman pontiff before the
expiry of sixty days from the day of the vacancy.
SESSION 8 18
December 1432
[Decree that
there ought to be only one council]
The most holy
general synod of Basel, legitimately assembled in the holy Spirit, representing
the universal church, for an everlasting record. Just as there is only one holy
catholic church, as Christ her spouse says, My dove, my perfect one, is only
one, and as an article of the faith declares, since unity does not tolerate
division, so there can be only one general council representing the holy
catholic church. Since, therefore, by decrees of the sacred general councils of
Constance and of Siena and by the approval of two Roman pontiffs, namely Martin
V and Eugenius IV of happy memory, a general council was instituted and
established in this city of Basel and assembled legitimately in the holy
Spirit, it is clear that during this council another general council cannot
exist elsewhere. Whoever therefore, during the lifetime of this sacred council
shall presume to raise and hold another assembly with the title of a general
council, is convicted of raising and holding a conventicle of schismatics and
not a council of the catholic church. Therefore this holy council warns and
exhorts all Christ's faithful, of whatever status or rank they may be, even if
papal, imperial or regal, under the adjuration of the divine judgment which
holy scripture relates in the case of Korah, Dathan and Abiram, authors of
schism, and it strictly commands and forbids them in virtue of holy obedience
and under the penalties laid down by the law, not to hold or summon, during
this sacred council, another assembly with the title of a general council,
which in reality would not be a council, nor to go to or to take part in or in
any way to have recourse to it as if it were a general council, even under the
pretext of any promise or oath, nor to hold or esteem it to be or even to call
it a general council, even if it claims to have been summoned or shall try in
the future to be summoned. If any ecclesiastical person, even a cardinal of the
holy Roman church, or anyone else of whatever status, rank or condition he may
be, shall dare to go to or stay in Bologna or any place with a pretended
general council, during this present council, he shall automatically incur
sentence of excommunication and deprivation of all benefices, dignities and
offices and disqualification from them; and the dignities, offices and
benefices of such persons may be freely disposed of by those to whom this
pertains by law even if
SESSION 9 22
January 1433
[This session was
entirely taken up with the solemn reception of the emperor Sigismund. ]
SESSION 10 19
February 1433
[This session was
almost entirely taken up with reading: Accusation of contumacy of the pope. ]
SESSION 11 27
April 1433
[For the
permanent validity of the authority of general councils]
The holy general
council of Basel, legitimately assembled in the holy Spirit representing the
universal church, for an everlasting record. Since the frequent holding of
general councils, as a principal means of cultivating the Lord's field affects
the universal church, every effort should be made that all obstacles that could
impede so holy an institution are removed with great care. Hence this holy
synod, obeying the decree of the council of Constance beginning The frequent,
and anxious that no scandals such as unhappily have occurred in our day should
spring up again in the future, to the detriment of the church, establishes and
decrees that the Roman pontiff, who ought to be the first in working in the
Lord's vineyard and in drawing others to work by his example, should take part
in general councils in person or by a legate or legates a latere who is or are
to be chosen in consultation with and with the consent -- which is not to be
just by word of mouth -- of two-thirds of the cardinals. Also, all
ecclesiastical persons who by law or custom ought to attend general councils
are bound henceforward to come in person without further summons to general
councils, both by force of the constitution The frequent and by the authority
of this sacred council of Basel or of some other future council legitimately
assembled, unless they are prevented by a legitimate impediment, in which case
they are bound to send suitable persons with a sufficient mandate. If the Roman
pontiff or other above-mentioned persons fail to do this, or in any way take
means to impede change, prorogue or dissolve the council, and shall not have
repented with real satisfaction within four months, thereafter the pope will be
automatically suspended from the papal administration and the other persons
from the administration of their dignities; the papal administration will
devolve by law upon the sacred council. If they persist with hardened hearts
under the aforesaid penalties for a further two months after the said four
months, then the general council shall proceed against both the Roman pontiff
and the above-mentioned persons up to and including the penalty of deprivation.
[That everybody
is free to come to the council]
This holy synod
decrees that, notwithstanding any prohibition, even from the Roman pontiff,
there is freedom for absolutely all persons, of whatsoever status or condition
they may be, even if they are cardinals of the Roman church, to go to general
councils; and that the Roman pontiff is bound to grant permission to those who
wish to go to general councils, especially to the aforesaid cardinals, if they
request it.
[The council
explains the phrase about prorogation of the council, and annuls attempts to
the contrary, including future attempts]
This holy synod
also declares that those words "it may never be prorogued", contained
in the said decree, are to be understood so prohibitively that it cannot be
prorogued even by a pope, and that a council actually assembled cannot be
dissolved or moved from place to place by a Roman pontiff without the express
consent of the council itself, and it quashes, voids and annuls anything that
may be attempted in the future against this or even in disparagement or
obstruction of this general council or of the persons, prelates and supporters
of it, by deprivation, translation and ecclesiastical censures or in any other
way.
[That the council
may not be dissolved or moved without the express consent of two-thirds of each
deputation, etc. ]
For certain
reasonable causes it decrees that the present council of Basel cannot be
dissolved or moved from place to place by anybody, even by the pope, unless
there is obtained the express consent of two-thirds of each deputation, after a
scrutiny of the votes of individual members, and then the approval of
two-thirds of the general congregation, after a similar scrutiny of the votes
of individual members, and finally a declaration is to be made in a public
session. It prays through the tender mercy of Jesus Christ, and by the
sprinkling of his precious blood it adjures all members of this sacred council,
both present and future, that in no way they give their consent to a
dissolution or allow a change of place, except for just and manifest reasons,
before the reform in head and members has been completed, in so far as this can
reasonably be achieved.
[That the place
of the council should be chosen a month before the dissolution, and the phrase
"in ten years" is clarified]
In accordance
with the ordinance of the council of Constance, it wishes that the place of the
future council should be chosen at least a month before the date of the
dissolution. It also declares, as a precaution, that the phrase "in ten
years" which is used in the said constitution should be understood in this
way, namely that the ten years should be completely finished, and when it is
fully completed the authorization to hold a general council begins. If it happens
for any reason that those who are obliged to attend general councils do not
come at the beginning, it declares that the said authorization to hold the
council does not thereby cease, but that it should be held as soon as it
conveniently can. But so that it cannot be deferred for a long time, this
council decrees that for twenty days before the end of the said ten years, or
of some other interval if perhaps this should reasonably be determined by the
council, the Roman pontiff in person or through his legate or legates, and the
archbishop in whose province or diocese the council is to be held and all the
prelates who are within four days' journey of the place of the forthcoming
council, provided there is no canonical impediment, in person or, if that
cannot be, through suitable men constituted as proxies for this purpose, are
obliged to present themselves so as to negotiate about the disposition of the
place and other preliminaries of the council. On the day appointed for the
opening of the council, those present shall celebrate a solemn mass of the holy
Spirit, and the council shall be considered constituted and begun from that
day. However, on account of the many necessities that can occur for those
coming to a council, this holy synod exhorts those who shall be present not to
bring difficult questions to a conclusion until after a reasonable wait for
those absent and a fitting interval of time, rather, with divine fear as a
guide, let everything proceed with due gravity, as the great mass of business
of the universal church demands and requires. In those cases in which,
according to the decree of Constance, the pope may, with the consent of the
cardinals of the holy Roman church, change the place of a future council, it
determines that, should the pope fail to do this, the college of cardinals may
supply for the defect, on condition however that two-thirds of the cardinals
agree, keeping, , nevertheless to the procedure contained in the said decree
The frequent. The said cardinals shall swear by God and their consciences that
they are making the change of place, if indeed they decide this, for the clear
reasons that are mentioned in the decree The frequent.
[That the
electors of a pope before entering the conclave shall swear that, if one of
them is elected, he will observe the said decrees]'
So that the
aforesaid may be put into execution the more easily, the holy synod determines
that the electors of a Roman pontiff are bound, before entering the conclave,
to swear to God and to promise the church that, should one of them be chosen as
pope, he will observe the above decrees, statutes and ordinances, and to the
best of his ability will endeavour to fulfil them really and effectively adding
that whoever in future years shall be chosen as Roman pontiff must swear, among
the other things which he must profess according to the decree of the council
of Constance beginning Since the Roman pontiff, effective observance of the
present decree. Later, in his first public consistory, he is bound to make
again the same profession and let him also profess that, if he violates what is
contained in this decree or commits a notorious crime which scandalizes the
church, he will subject himself to the judgment of a general council. Both he
and the college of cardinals shall insert this profession in the letters which
they customarily send throughout the world on the accession of a new pope.
[That this decree
should be published in synods]
So that nobody
may plead ignorance of this wholesome and necessary decree, the holy synod
orders, in virtue of holy obedience, all metropolitan bishops to have this
decree read and published in provincial and synodal councils, and superiors of
religious to have it read and published in their general chapters. 2
SESSION 12 13
July 1433
[Decree on elections
and confirmations of bishops and prelates]
Just as in
building a house the architect's chief concern is to lay such a foundation that
the edifice built on it will endure immovable, so in the general reformation of
the church the principal preoccupation of this holy synod is that the pastors
set over the church may be such that, like pillars and bases, they will firmly
uphold the church by the strength of their doctrine and merits. The office
enjoined on prelates manifestly shows how great care should be taken in their
election, for they are appointed for the government of souls for which our lord
Jesus Christ died and shed his precious blood. Therefore the sacred canons
promulgated under the Spirit of God, providentially established that each
church and college or convent should elect a prelate for itself. Adhering to
these prescriptions this holy synod, assembled in the same Spirit, establishes
and defines that a general reservation of all metropolitan, cathedral,
collegiate and monastic churches and elective dignities ought not to be made or
used by the Roman pontiff in the future, always with the exception of
reservations contained in the body of law and those which may arise in
territories mediately or immediately subject to the Roman church by reason of
direct or beneficial dominion. Rather, provision should duly be made for the
aforesaid metropolitan, cathedral, monastic and collegiate churches and
elective dignities, when they are vacant, by canonical elections and
confirmations in conformity with the dispositions of the common law, without
thereby derogating from statutes, privileges and reasonably customs, all
postulations in the disposition of the common law remaining intact. This holy
synod also decrees that it will be in conformity with reason and beneficial for
the common good that the Roman pontiff should attempt nothing contrary to this
salutary decree, except for an important, reasonable and manifest cause, which
is to be specified expressly in an apostolic letter. So that this salutary
decree may be more strictly adhered to, the same holy synod wishes that, among
other things that the Roman pontiff shall profess on assuming office, he shall
swear to observe inviolably this decree.
Since prelates
should be such as is described above, those with the right of electing them
should be very careful that they make a worthy election in the presence of God
and of the people, and let them be most solicitous to elect such persons as can
fill so great an office. Let them remember that if they act in so important an
affair either fraudulently or carelessly or without regard for the fear of God,
they will be the authors and cause of evil pastors and will therefore share in
the penalties which the evil pastors themselves will suffer in the severe
judgment of God. Since the endeavour of human fragility can effect nothing
without the help of almighty God, from whom every good endowment and every
perfect gift comes down, those in whose hands lies the election of a pontiff or
an abbot shall meet in church on the day of the election in order to hear with
great devotion a mass of the holy Spirit, whom they will humbly petition to
deign to inspire them to elect a worthy pastor. The more devoutly they approach
the act of election, the more readily they will merit that grace, so let them
confess and reverently receive the sacrament of the eucharist. When they have
entered the place of the election of any prelate who is to be chosen through
election, they shall swear in the hands of the president of the chapter, and
the president in the hands of his immediate subordinate, in these words: I, N.
, swear and promise to almighty God and to such and such a saint (according to
the dedication of the church) to elect the person who I believe will be the
more useful to the church in spiritual and temporal things, and not to give a
vote to anyone who I think is procuring the election for himself by the promise
or gift of some temporal thing, or by making a request in person or through
another, or in any other way directly or indirectly. He who appoints a
procurator to elect a certain person shall take the same oath and shall confess
and communicate; so also shall a procurator with a general mandate for election
in matters in which by common law he can be appointed a procurator in the
business of such an election. The oath shall be taken also by those who may
have made an agreement about the election of a future prelate, and they too are
obliged to confess and to communicate. If they do not do so, for that occasion
they shall be deprived by law of the power of electing. Thereupon let them
elect to the said prelacy a man of lawful age, of serious character and
adequate education, already in sacred orders and suitable in other respects in
accordance with canonical regulations.
If the election
is made in another way and of a different kind of person than the above or by
the wickedness of simony, the election shall be invalid and null by law. Those
electing simoniacally shall be automatically subject to perpetual deprivation
of the right of electing, besides other penalties. Others shall be subject to
canonical penalties. Those elected simoniacally and those who take part in such
a simoniacal election, as well as the electors and those confirmed shall
automatically incur the penalty of excommunication in horror of so great a
crime. Moreover, those so elected and confirmed cannot be absolved from such
guilt and excommunication unless they freely resign the churches and dignities which
they had disgracefully obtained, and they are rendered perpetually disqualified
from acquiring them again. In order to remove every root of ambition this holy
synod implores through the tender mercy of Jesus Christ and most earnestly
exhorts kings and princes, communities and others of whatever rank or dignity,
ecclesiastical or secular, not to write letters to electors or to provide
petitions for someone who will get such petitions or letters for himself or for
another, and much less to resort to threats or pressure or anything else
whereby the process of election would be rendered less free. Similarly, in
virtue of holy obedience, it is enjoined on electors not to elect anyone on the
strength of such letters, petitions, threats or pressure.
When the election
has been completed and presented to the person who has the right of
confirmation, if a co-elected person or an objector to the election shows
himself, he should be summoned by name to discuss the matter of the disputed
election. Usually a public announcement should be made in the church in which
the election was held, in accordance with the constitution of Boniface VIII of
happy memory. Whether or not a co-elected person or an objector appears, the
confirmer should proceed in virtue of his office, as is done in the business of
the inquisition, using diligence in the due examination and discussion of the
form of the election, of the merits of the one elected and of all the
circumstances. The confirmation or the annulment of the election should be done
in a judicial manner. So that the whole process may be clean and without
blemish or even a suspicion of it, the confirmer should altogether refrain,
personally as well as through others, from presuming to demand anything at all
or even to receive free offerings in return for the confirmation or under the
pretext of homage, subvention, gratitude or any other excuse of supposed custom
or privilege. For notaries and scribes in such cases, let a moderate fee be
levied which is proportionate to the work of writing and not to the value of
the prelacy. If the said confirmers shall confirm elections in contravention of
the above regulations or in respect of unsuitable persons or involving simony,
such confirmations are automatically null. This is to be the case for the
occasion, for those who confirm persons other than as stated above: but for the
stain of simony, if they have incurred it, they automatically incur sentence of
excommunication, from which they cannot be absolved except by the Roman
pontiff', except at the point of death.
This holy synod
exhorts the supreme pontiff, since he should be the mirror and standard of all
sanctity and purity, not to demand or accept anything at all for confirming
elections referred to him. Otherwise, if he scandalizes the church by notorious
and repeated contraventions, he will be delated to a future council. However,
for the burdens which he must carry for the government of the universal church,
and for the sustenance of the cardinals of the holy Roman church and of other necessary
officials, this holy council will make due and suitable provision before its
dissolution. If it does not make any provision in this way, then those churches
and benefices which hitherto paid a certain tax on the entry into office of a
new prelate, shall be obliged thenceforward to pay in parts half of this tax
for the year after their peaceful possession; this provision shall continue
until the sustenance of the said pope and cardinals is otherwise provided for.
By these ordinances the same synod does not intend any prejudice to the holy
Roman and universal church or to any other church.
SESSION 13 11
September 1433
[In this session
there was read out, Accusation of contumacy of the pope made by the promoters
of the sacred council; the time-limit already intimated to Eugenius IV for him
to come to Basel and to abrogate his decree dissolving the council was
deferred; finally a new Decree for the protection of members was approved. ]
SESSION 14 7
November 1433
[In this session
there was made, Another deferral, for ninety days, of the monition to the pope,
to which were added two proposals, one regarding the revoking of the suspension
of the council. the other regarding Eugenius IV's assent to the council. ]
SESSION 15 26
November 1433
[On provincial
and synodal councils]
The holy general
council of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. Already this holy synod has
promulgated a most salutary decree on the stability and authority of general
councils, the frequent holding of which is a principal means of cultivating the
Lord's field. Indeed, since there is no doubt that episcopal synods and
provincial councils form part of this same cultivation, inasmuch as the ancient
canons decreed that they should be frequent, so this holy synod, desiring that
ancient and praiseworthy customs should be observed in our age, establishes and
commands that an episcopal synod should be held yearly in every diocese after
the octave of Easter, or on another day according to diocesan custom, at least
once a year where custom does not prescribe two, by the diocesan in person
unless he is prevented by a canonical impediment, in which case by a vicar who
is fitted for the task. This synod should last at least two or three days, or
as the bishops deem to be necessary.
On the first day,
when the diocesan and all those who are obliged to be present at the synod have
assembled, during or after the celebration of mass, the diocesan or another in
his name shall expound the word of God, exhorting all to strive after good
behaviour and refrain from vice, and to strive after what pertains to
ecclesiastical discipline and each one's duties, and especially that those who
have the care of souls should instruct the people subject to them in doctrine
and with salutary exhortations on Sundays and feast-days. Then there should be
read out the provincial and synodal statutes and, among other things, a
comprehensive treatise on how the sacraments should be administered and other
useful points for the instruction of priests. Then the diocesan himself should
diligently inquire into the life and morals of his subjects and check with
suitable correction the evil of simony, usurious contracts, concubinage,
fornication and all other faults and excesses. He should revoke alienations of
ecclesiastical property forbidden by law, and he should correct and reform
abuses of clerics and other subjects who have failed in respect of the divine
office and the wearing of proper dress. Since many scandals often arise because
Pope Boniface VIII's constitution Periculoso on the enclosure of nuns is not
observed, the diocesan should insist that this enclosure be strictly observed
in accordance with that constitution; also that all religious subject to the
diocesan should inviolably observe the rules and constitutions of their orders,
especially that all ownership is renounced by them. Also let nothing be
demanded simoniacally at their reception into a religious order. A chief care
of the bishop at the synod should be to make inquiry and to apply proper
remedies lest any teaching that is heretical, erroneous, scandalous or
offensive to pious ears, or fortune-telling, divinations incantations,
superstitions or any diabolic inventions, infiltrate into his diocese. Let
there be appointed synodal witnesses, who should be serious, prudent and honest
men, filled with zeal for God's law, in a number proportionate to the area of
the diocese, or others with their powers if none are appointed for this, who
may be removed by the diocesan if they seem to him to be unsuitable and he may
appoint others (as he thinks fit). They shall be obliged to take an oath in the
hands of the diocesan himself or of his vicar, as is stated in the canon
Episcopus in synodo; they shall travel round the diocese for a year and shall
refer what they have seen to be in need of correction and reform to those whose
duty it is to correct and reform. If these matters are not corrected and
reformed, they shall refer them to a subsequent synod, when proper remedies
should be applied. Besides what the diocesan hears from the synodal witnesses
or others exercising their office, he should himself inquire assiduously about
the faults of his subjects and so confront the guilty with the discipline of needed
correction that it may serve as an example to others inclined to do evil.
Also, in every
province within two years of the end of a general council, and thereafter at
least once in every three years, a provincial council should be held in a safe
place. It should be attended by both the archbishop and all his suffragans and
others who are obliged to take part in such provincial councils, after a due
summons has been issued to them. If a bishop is prevented by a canonical
impediment, he should designate his procurator, not only to excuse and justify
his absence, but also to participate in the council in his name and to report
back what the council decides. Otherwise the bishop is automatically suspended
from receiving half the fruits of his church for one year: these should be
effectively diverted to the fabric of his church by someone deputed in the
council itself. Others who fail to attend are to be punished at the decision of
the council and other penalties of the law are to remain in force. Provincial councils
are not to be held while a general council is sitting and for six months
beforehand. At the beginning of a provincial council the metropolitan or
someone in his name during the celebration of mass or afterwards, shall deliver
an exhortation calling to mind the things that pertain to the ecclesiastical
state and especially the episcopal office and warning all the participants
that, as the prophet says, if any soul is lost by their fault his blood will be
required by the Lord at their hands. In particular, there should be a strict
warning that orders and benefices should be conferred, without any simony, on
worthy and deserving persons whose lives are sufficiently well known. Above
all, the greatest care and mature inquiry should be used when entrusting the
care of souls. Ecclesiastical property on no account should be used for illegal
purposes, but for the glory of God and the conservation of churches and,
following the holy canons, with a primary concern for the poor and needy,
mindful that at the tribunal of the eternal judge they will have to give an
account of all of it to the very last farthing. In these councils there should
be, according to the regulations of the law, a careful investigation into the
correction of faults, the reform of the morals of subjects and especially the
conduct of bishops in conferring benefices, confirming elections, administering
orders, deputing confessors, preaching to the people, punishing the faults of
their subjects and observing episcopal synods, and in any other points
respecting the episcopal office and the jurisdiction and administration of
bishops in spiritual and temporal matters, especially whether they keep their
hands clean of the stain of simony, in order that all those who are found to
have transgressed in the aforesaid matters may be corrected and punished by the
council. A similar careful inquiry should be instituted about the metropolitan
himself in all these respects, and the council should explain clearly to him
his faults and defects, admonishing and imploring him that since he is called
and ought to be the father of others, he should altogether desist from such
failings. Even so, the council should send straightaway to the Roman pontiff,
or to another of his superiors if he has one, a written account of the
investigation made about him, so that he may receive punishment and fitting
reform from the Roman pontiff or other superior. Besides, if there are
discords, quarrels and feuds among some which could disturb the peace and
tranquillity of the province, the holy council should strive to pacify them and
seek watchfully, as would a dutiful father, for peace and agreement among its
sons. If discords of this sort arise between kingdoms, provinces and
principalities, the holy bishops of God should straightaway arrange the
simultaneous convocation of provincial councils and, in combining their
respective counsel and help, strive to banish whatever promotes discord; they
should not cease from this out of love or hatred for anyone, but raising the
eyes of their minds to God alone and the salvation of their people and putting
aside all half-heartedness, they should be intent on the sacred work of peace.
Moreover, in a
provincial synod that immediately precedes a forthcoming general council,
thought should be given to all that is likely to be dealt with in that general
council, to the glory of God and the good of the province and the salvation of
the christian people. Let a suitable number of people be elected at it to go in
the name of the whole province to the next general council; let them be
provided for by a grant or in some other way, according to the law and the
judgment of the provincial council; in such a way, however, that those wishing
to go to the council or their clergy, in addition to those deputed as above,
shall in no way be disadvantaged thereby. Also, let there be read out in each
provincial council those things which the canonical regulations order to be
read out in them, so that they may be observed inviolably and transgressors may
be duly punished. If metropolitans and diocesans fail to celebrate provincial
and episcopal synods at the aforesaid time, after the cessation of any legal
impediment, they shall lose half of all fruits and revenues accruing to them by
reason of their churches, and these shall be applied immediately to the fabric
of their churches. If they persist in such neglect for three consecutive
months, they shall automatically be suspended from their offices and benefices.
After these intervals of time have elapsed, with the aforesaid penalties, the
senior bishop in the province of the metropolitan, or the person in orders who
is highest in dignity below a bishop, unless by custom or privilege it pertains
to another, is obliged to supply for this failure to hold the said provincial
and episcopal synods. Moreover, this holy synod bids all superiors of religious
communities and orders of all kinds, who are responsible for holding chapters,
to hold them at the appointed times, under the aforesaid penalties, and to see
that they are held; and let them aim in them, in accordance with canonical
sanctions and the constitutions of the orders, at a true reform of the
individual communities and orders, so that thereafter regular observance may
duly flourish in all monasteries in accordance with their rules and
constitutions, and in particular that the three fundamental vows of profession
may be strictly observed. By the aforesaid, however, the holy synod does not
mean to derogate in any way from anyone's rights.
SESSION 16 5
February 1434
[This session
declares the adherence of Pope Eugenius to the council, with the usual
ceremonies; Eugenius's bull Dudum sacrum, and three other bulls abrogated by
that bull, are incorporated into the acts. ]
SESSION 17 26
April 1434
[On the admission
of the presidents into the council in the name of the lord pope Eugenius IV]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, admits the beloved sons of the church Nicholas, priest of the
title of holy Cross in Jerusalem, and Julian, deacon of St Angelo, cardinals of
the holy Roman church, the venerable John, archbishop of Taranto, and Peter, bishop
of Padua, and the beloved son of the church Louis, abbot of St Justina of
Padua, as presidents in this sacred council in the name, stead and place of the
most holy lord pope Eugenius IV, to have the fullest authority and effect
throughout, but only on the following conditions: they are to be without any
coercive jurisdiction, and the way of proceeding hitherto observed in this
council is to remain unchanged, especially what is contained in the ordinances
of this sacred council beginning, First, there shall be four deputations, as
there are, among which all from the council shall be distributed equally as far
as is possible, etc. It also ordains that apart from on a Friday, which is the
ordinary day for a general congregation, another general congregation cannot be
called unless at least three of the deputations agree to this beforehand. And
then the presidents should be informed, or one of them, so that they may
announce the programme. If they do not, one of the promoters of the council or
someone from the deputations shall announce the programme. All from the council
shall come to the congregation. On the other occasions, if the three
deputations do not agree, nobody shall come to that congregation; and whatever
is done there shall be null and void. The same with regard to a session. When
what has been agreed upon by the deputations has been read out in the general
congregation, the first of the presidents there present, even if another or
others of them are absent, shall conclude the matter in accordance with the
ordinances of the sacred council. If he or another of the presidents then
presiding refuses to do this, the next prelate in the order of seating shall
conclude the matter. If he is unwilling, let another in succession do it. If it
happens that none of the presidents comes to a congregation or a session of the
general council, then the first prelate, as indicated above, shall fulfil the
office of president for that day. Also, all the acts of this sacred council
shall be made and despatched under the name and seal of this council, as has
been done until now.
SESSION 18 26
June 1434
[On the renewal
of the decree of the council of Constance about the authority and power of
general councils]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. It is well known that it redounds
to the great benefit of the catholic church that its authority, which was
earlier declared in the sacred council of Constance and to which all are
obliged to submit, should be manifested frequently and the attention of all
should be drawn to it. Just as councils of the past were accustomed to renew
the salutary institutions and declarations of previous synods, so this holy
synod too renews that necessary declaration on the authority of general
councils, which was promulgated in the said council of Constance in the words
that follow: First it declares . . . and Next it declares ,
SESSION 19 7
September 1434
[On the agreement
between the council and the Greeks about union]
The holy general
synod of Basel, legitimately assembled in the holy Spirit representing the
universal church, for an everlasting record. As a dutiful mother is ever
anxious about the health of her children and is uneasy until any dissension
among them has been quietened, so and to a much greater extent holy mother
church, which regenerates its children to eternal life, is wont to strive with
every effort that all who go by the name of Christian may put aside all
quarrelling and may guard in fraternal charity the unity of the faith, without
which there can be no salvation. It has therefore been a primary care of this
holy synod from the beginning of its meeting to put an end to the recent
discord of the Bohemians and the ancient discord of the Greeks, and to bind
them to us in the same permanent bond of faith and charity. We invited in all
charity to this sacred council, through our letters and envoys, first the
Bohemians, since they are nearer, and then the Greeks, so that the holy union
might be achieved. Although many from the beginning thought that the Bohemian
affair was not only difficult but almost impossible and judged our labours to
be a waste of time and useless, nevertheless our lord Jesus Christ, to whom
nothing is impossible, has so safely directed the business until now that the
invitation to the Bohemians has been of much greater benefit to holy church
than the many powerful armies which frequently invaded their country.
This fills us
with greater hope to pursue the union with the Greeks with all confidence and
perseverance. We approach this task the more willingly because we perceive the
Greeks to be very inclined to this union. For as soon as the most serene
emperor of the Greeks and the patriarch of Constantinople were approached by
our envoys, straightaway they appointed to this holy synod three outstanding
men from those who seem to be of great authority among them -- the first of
whom was indeed a blood-relative of the emperor -- with a sufficient commission
from the emperor himself signed by his own hand and with a golden seal, and
furnished with letters of the patriarch. Both in a general congregation and in
the presence of our commissaries they expressed the most fervent desire of the
emperor, the patriarch and the whole eastern church for this union. They urge
and daily stimulate us in a wonderful way to pursue this holy work, strongly
and persistently affirming two things: that union is only possible in a
universal synod in which both the western church and the eastern church meet,
and that union will assuredly follow if matters proceed in that synod in the
way that is agreed below. We were filled with joy and gladness when we heard
this. For what happier and more glorious thing could ever happen to the catholic
church than that so many eastern peoples, who seem to be about equal in number
to those of our faith, should be joined with us in the unity of faith ? What
could be more useful and fruitful to the christian people, since the beginning
of the church, than for an inveterate and destructive schism to be completely
eradicated ? Moreover, we trust that with God's help another benefit will
accrue to the christian commonwealth; because from this union, once it is
established, there is hope that very many from the abominable sect of Mahomet
will be converted to the catholic faith. What, then, should not be attempted
and done by Christ's faithful for so holy and salutary an objective? What
Catholic is not in duty bound to risk not only the passing substance of this world
but even his body and soul for such an advance of the christian name and the
orthodox faith? Wherefore, we venerable cardinals of the holy Roman church,
presidents of the apostolic see, casting all our thought on God, who alone does
great wonders, deputed the patriarch of Antioch and a suitable number of
archbishops, bishops, abbots, masters and doctors to treat of this question
with the ambassadors of the Greeks and to look for a way to reach a solution.
After these men had frequently met and discussed among themselves and with the
envoys, they reached the conclusions given below. These conclusions, in
accordance with the custom of this council, were seriously debated by the
deputations and ratified by a general congregation. Their contents, together with
the chrysobull of the lord emperor, are as follows.
[Agreement of the
deputies of the sacred council with the ambassadors of the Greeks]
The ambassadors
of the most serene lord emperor of the Greeks and of the lord patriarch of
Constantinople, namely the lord Demetrius protonostiarius Palaeologus
Metotides, the venerable Isidore abbot of the monastery of St Demetrius, and
the lord John Dissipatus of the household of the same emperor, meeting together
with the lord deputies of the sacred council, first declared that if the
western church would agree that this synod should be held in Constantinople,
the eastern church would meet there at its own expense and there would be no
need for the western church to pay any expenses to eastern prelates. Indeed,
the lord emperor himself would, within his limits, provide for Latin prelates
on their way to Constantinople. But if it was preferred that the prelates of
the eastern church should come to Latin territories for the said synod, then
for legitimate reasons the western church would have to meet the expenses of
the eastern church. Since the said lord deputies for many reasons believed that
this union would be more conveniently arranged in the city of Basel, where in
fact the council was sitting, they frequently and urgently pressed the lord
envoys that this place should be chosen for the holy union and offered to pay
the necessary expenses for this. The envoys replied that since the instructions
given to them by the emperor and the patriarch contained limitations on certain
places, they would not choose the city of Basel because it was not mentioned in
the instructions. The deputies of the sacred council, aware of the holy and
perfect intention of the council not to spare any labour and expenditure for
the honour of God and the advance of the catholic faith, judged it inexpedient
to miss so great a good merely on a question of place. So they agreed, subject
to the council's consent, to one of the places named below with the condition,
which is detailed later, that one or more persons should be sent to the lord
emperor, the patriarch and others to persuade them by cogent reasons to agree
to the city of Basel. The nominated places are these: Calabria, Ancona or
another maritime territory; Bologna, Milan or another Italian city; and outside
Italy, Buda in Hungary, Vienna in Austria or in the last place, Savoy.
The lord deputies
agreed with the lord ambassadors in what follows, subject to the council's
consent. First, the ambassadors promised that the emperor of the Greeks, the
patriarch of Constantinople, the other three patriarchs and the archbishops,
bishops and other ecclesiastics who can conveniently come, will come to the
synod. Likewise, representatives will come from all the kingdoms and
territories subject to the churches of the Greeks, with full power and
authority which shall be confirmed by oath and suitable documents by both the
secular authorities and the prelates. Also, the sacred council shall send one
or more ambassadors with eight thousand ducats for the holding of a
congregation of the prelates of the eastern church in Constantinople. The eight
thousand ducats will be paid out by the ambassadors of the sacred council, as
it shall seem good to the lord emperor or to the ambassadors themselves; but in
such a way that, if the said prelates refuse to come to Constantinople or,
having come to Constantinople, refuse to go to the synod, then the emperor
shall be bound to restore to the said ambassadors whatever they may have
expended on this matter.
Also, that the
western church shall pay the expenses of four large galleys, of which two shall
be from Constantinople and two from elsewhere, to convey to our port at the
appropriate time the emperor, the patriarchs and the prelates of the eastern
church with their suites, to the number of seven hundred persons, and to return
them to Constantinople. The western church shall pay the expenses for this in
the following way. For the expenses of the emperor and of seven hundred persons
from Constantinople to our last port, it will give the emperor fifteen thousand
ducats. From the said last port to the place of the said council, and
thereafter as long as they remain at the synod and until their return to
Constantinople, it will give to the emperor with the said seven hundred persons
fair expenses. Also that within the ten months after next November, the sacred
council shall be obliged to send two large galleys and two lighter ones to
Constantinople with three hundred crossbowmen. On these galleys shall travel
the ambassadors of the sacred council and the lord Demetrius protonostiarius
Palaeologus, chief of the lord emperor's ambassadors. These ambassadors of the
sacred council will have with them fifteen thousand ducats to be given to the
lord emperor for the expenses that he and the patriarchs, prelates and others
who are coming, to the number of seven hundred persons, shall incur between
Constantinople and the last port at which they shall put in, as mentioned
above. Also, the said ambassadors of the sacred council who are to travel on
the galleys will arrange that ten thousand ducats are at hand to be expended,
if necessary, on the defence of the city of Constantinople against any danger
that the Turks might cause the city during the lord emperor's absence; this
money will be expended by someone deputed by the said ambassadors of the sacred
council in proportion to the necessity. Also, the said ambassadors of the sacred
council will pay the cost of two light galleys and three hundred crossbowmen
for the defence of the city of Constantinople in the lord emperor's absence,
and shall ensure that the crews of the said galleys and the crossbowmen take an
oath in the hands of the emperor that they will serve him faithfully. Their
captains shall be appointed by the emperor. Also, that the said ambassadors
shall have for the expenses of the two large galleys what is usually expended
in arming such galleys.
Also, the
ambassadors of the sacred council who are to go with the said galleys to
Constantinople, shall name to the lord emperor the port at which they should
finally land and the place, from among those listed above, where the said
universal synod shall be held. They will, however, strive with all their might
that the city of Basel be chosen, as is to be hoped. Also, this sacred council
of Basel will remain meanwhile at Basel, and shall not be dissolved as long as
there is no legitimate impediment; but if a legitimate impediment arises, which
may God avert, it may transfer itself for its continuation to another city, in
accordance with the decree The frequent . If the lord emperor is not satisfied
with this place, then within one month after he has landed at the said last port,
the sacred council will transfer itself to one of the said places nominated by
the same council, as was said above.
Also that, in any
event, all the above shall be fulfilled by both parties; and all the above
shall be effected in a really stable way and with the greatest force and
security that is possible for the sacred council, namely by a decree and under
a seal. Also, when all the aforesaid matters have been concluded and agreed
and, as was said, fully confirmed, the supreme pontiff should give his express
consent by his patent bulls. Everything above is to be understood in good
faith, without fraud or deceit and without legitimate or manifest impediment.
If all the clauses are fulfilled, the said ambassadors of the Greeks shall
state and promise that assuredly the above persons will come even if there
should be war and threats to their city, and in confirmation of all this they
will deliver to the sacred council a chrysobull of the said emperor, and on
behalf of the said emperor they and the others shall take an oath, in writing
and signed, in pledge of their firm and true belief that the universal holy
synod ought to take place with God's help, unless there intervenes the death of
the emperor or some obvious and real obstacle that cannot be escaped or
avoided.
Lastly, the
ambassadors of the Greeks were requested to explain the meaning of some terms
contained in their instructions. First, what they understand by "universal
synod". They replied that the pope and the patriarchs ought to be present
at the synod either in person or through their procurators; similarly other
prelates ought to be present either in person or through representatives; and
they promised, as is stated above, that the lord emperor of the Greeks and the
patriarch of Constantinople will participate in person. "Free and
inviolate", that is each may freely declare his judgment without any
obstacle or violence. "Without contention", that is without
quarrelsome and ill-tempered contention; but debates and discussions which are
necessary, peaceful, honest and charitable are not excluded. "Apostolic
and canonical", to explain how these words and the way of proceeding in
the synod are to be understood, they refer themselves to what the universal
synod itself shall declare and arrange. Also that the emperor of the Greeks and
their church shall have due honour, that is to say, what it had when the
present schism began, always saving the rights, honours, privileges and
dignities of the supreme pontiff and the Roman church and the emperor of the
Romans. If any doubt arises, let it be referred to the decision of the said
universal council. There follows the text of the chrysobull of the said emperor
translated from Greek into Latin, Whereas there were sent . . . 1; and the
letter of the lord patriarch of Constantinople with a leaden seal translated
from Greek into Latin, which is as follows, Joseph by the grace of God
archbishop of Constantinople . . . we receive the letter of your reverence . .
. 2
By the authority
of the universal church, therefore, this holy synod by this present decree
approves, ratifies, confirms, determines and decrees the above clauses and
agreements, and it promises to observe each and all of them and to keep them
intact, as is said above. As they lead to an increase of the orthodox faith and
the benefit of the catholic church and the whole christian people, they should
be most welcome and acceptable to all who love the faith of Christ. Since, as
has been said above, the Greeks for a variety of reasons request that the most holy
lord pope Eugenius IV should expressly consent to these clauses and agreements,
lest on this account so great a good should be let slip, this holy synod
implores and begs Eugenius in all charity, and through the tender mercy of
Jesus Christ it requests and demands with all possible insistence, that he
expresses his assent, for the benefit of the faith and of ecclesiastical unity,
to the aforesaid clauses and agreements, which have already been approved and
ratified by a synodal decree, by his bulls in the customary style of the Roman
curia.
[Decree on Jews
and neophytes]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. This holy synod following in the
footsteps of our saviour Jesus Christ, desires in deepest charity that all may
acknowledge the truth of the gospel and thereafter abide in it faithfully. By
these salutary instructions it desires to provide measures whereby Jews and
other infidels may be converted to the orthodox faith and converts may remain
steadfastly in it. It therefore decrees that all diocesan bishops should depute
persons well trained in scripture, several times a year, in the places where
Jews and other infidels live, to preach and expound the truth of the catholic
faith in such a way that the infidels who hear it can recognise their errors.
They should compel infidels of both sexes who have reached the age of
discretion, to attend these sermons under pain both of being excluded from
business dealings with the faithful and of other apposite penalties. But the
bishops and the preachers should behave towards them with such charity as to
gain them for Christ not only by the manifestation of the truth but also by
other kindnesses. The synod decrees that Christians of whatever rank or status
who in any way impede the attendance of Jews at these sermons, or who forbid
it, automatically incur the stigma of being supporters of unbelief.
Since this
preaching will be more fruitful in proportion to the linguistic skill of the
preachers, we decree that there must be faithful observance of the constitution
of the council of Vienne, which ordered the provision in certain universities
of teachers of the Hebrew, Arabic, Greek and Chaldean languages. So that this may
be more adhered to, we wish that the rectors of these universities should add
to what they swear to on taking office, that they will endeavour to observe the
said constitution. It should be clearly laid down, at the councils of the
provinces in which these universities are situated, that the teachers of the
said languages are to be adequately recompensed.
Furthermore,
renewing the sacred canons, we command both diocesan bishops and secular powers
to prohibit in every way Jews and other infidels from having Christians, male
or female, in their households and service, or as nurses of their children; and
Christians from joining with them in festivities, marriages, banquets or baths,
or in much conversation, and from taking them as doctors or agents of marriages
or officially appointed mediators of other contracts. They should not be given
other public offices, or admitted to any academic degrees, or allowed to have
on lease lands or other ecclesiastical rents. They are to be forbidden to buy
ecclesiastical books, chalices, crosses and other ornaments of churches under
pain of the loss of the object, or to accept them in pledge under pain of the
loss of the money that they lent. They are to be compelled, under severe
penalties, to wear some garment whereby they can be clearly distinguished from
Christians. In order to prevent too much intercourse, they should be made to
dwell in areas, in the cities and towns, which are apart from the dwellings of
Christians and as far distant as possible from churches. On Sundays and other
solemn festivals they should not dare to have their shops open or to work in
public.
[About those who
desire conversion to the faith]
If any of them
wishes to be converted to the catholic faith, all his goods, both movable and
immovable, shall remain intact and unharmed in his possession. But if his goods
were acquired by usury or illicit dealings, and the persons to whom restitution
ought to be made are known, it is absolutely necessary that this restitution be
made, since the sin is not forgiven unless the illegal object is restored.
However, if these persons are no longer an issue because the church has turned
the goods to pious uses, this holy synod, acting for the universal church,
grants in favour of the baptism received that the goods should remain with the
church as a pious use, and it forbids both ecclesiastics and secular persons,
under pain of divine anathema, to cause or allow to be caused any vexation on
this count under any pretext whatsoever, but they should regard it as a great
gain to have won such persons for Christ. Moreover since, as it is written, if
anyone has this world's goods and sees his brother in need, yet closes his
heart against him, how does God's love abide in him ?, this holy synod through
the tender mercy of God exhorts all, both ecclesiastics and secular persons, to
stretch out helping hands to such converts if they are poor or in need at the
time of their conversion. Bishops should exhort Christians to aid these
converts and should themselves support them from the income of churches, as far
as they can, and from what passes through their hands for the benefit of the
poor, and they should defend them with fatherly solicitude from detraction and
invective.
Since by the
grace of baptism converts have been made fellow citizens with the saints and
members of the household of God, and since regeneration in the spirit is of far
greater worth than birth in the flesh, we determine by this edict that they
should enjoy these privileges, liberties and immunities, of the cities and
localities in which they are regenerated by holy baptism, which others obtain
merely by reason of birth and origin. Let the priests who baptise them and
those who receive them from the sacred font carefully instruct them, both
before and after their baptism, in the articles of the faith and the precepts
of the new law and the ceremonies of the catholic church. Both they and the
bishops should strive that, at least for a long time, they do not mingle much
with Jews or infidels lest, as occurs with convalescents from illness, a small
occasion may make them fall back into their former perdition. Since experience
shows that social communication between converts renders them weaker in our
faith, and has been found to damage much their salvation, this holy synod
exhorts local ordinaries to exercise care and zeal that they are married to
born-Christians, in so far as this seems to promote an increase of the faith.
Converts should be forbidden, under pain of severe penalties, to bury the dead
according to the Jewish custom or to observe in any way the sabbath and other
solemnities and rites of their old sect. Rather, they should frequent our
churches and sermons, like other Catholics, and conform themselves in
everything to christian customs. Those who show contempt for the above should
be delated to the diocesan bishops or inquisitors of heresy by their parish
priests, or by others who are entrusted by law or ancient custom with inquiring
into such matters, or by anyone else at all. Let them be so punished, with the
aid of the secular arm if need be, as to give an example to others.
There should be
careful inquiry into all these things in provincial councils and synods, and an
opportune remedy should be applied not only to negligent bishops and priests
but also to converts and infidels who scorn the above. If anyone, of whatever
rank or status, shall encourage or defend such converts against being compelled
to observe the christian rite or anything else mentioned above, he shall incur
the penalties promulgated against abettors of heretics. If converts fail to
correct themselves after a canonical warning, and as Judaizers are found to
have returned to their vomit, let proceedings be taken against them as against
perfidious heretics in conformity with the enactments of the sacred canons. If
there have been granted to Jews or infidels, or perhaps shall be granted to
them in the future, any indults or privileges by any ecclesiastics or secular
persons, of whatever status or dignity, even papal or imperial, which tend in
any way to the detriment of the catholic faith, the christian name or anything
mentioned above, this holy synod decrees them quashed and annulled; the
apostolic and synodal decrees and constitutions enacted about the above
remaining in force. In order that the memory of this holy constitution may be
perpetually retained and that nobody may be able to claim ignorance of it, the
holy synod orders that it should be promulgated at least once a year during
divine service in all cathedral and college churches and other holy places
where the faithful gather in large numbers.
SESSION 20 22
January 1435
[Decree on
concubinaries]
The holy general
synod of Basel, legitimately assembled in the holy Spirit representing the
universal church, for an everlasting record. We are inclined to grant requests
for authentic statutes and decrees in proportion to the likelihood that they
will be observed. For this reason we ordered to be extracted from our acts and
recorded in this present document, at the request of the beloved sons of the
church N. and N. , who assert that they need texts of this kind for judicial
and extra-judicial purposes, the texts of the constitutions transcribed below,
which we issued some time ago and promulgated in the cathedral church of Basel
on 22 January 1435 and incorporated into our acts. They are as follows.
Any cleric of
whatsoever status, condition, religious order or dignity, even if it be
episcopal or some other pre-eminence, who, after receiving notice of this
constitution, as he may be presumed to have done, for two months after its
publication in cathedral churches, which bishops are bound to arrange, after
the constitution has come to his notice, still persists as a public
concubinary, shall automatically be suspended for three months from the fruits
of all his benefices. These fruits shall be consigned by his superior to the
fabric or some other evident need of the churches from which the fruits come.
His superior is bound to admonish him, as soon as he is aware that he is a
public concubinary, to dismiss his concubine within a very short time. If he
does not dismiss her, or having dismissed her takes her again or another woman,
this holy synod orders his superior to deprive him of all his benefices. These
public concubinaries moreover, shall be disqualified from receiving any goods,
dignities, benefices or offices until such time as, after dismissing their
concubines and an evident emendation of their lives, they shall have received a
dispensation from their superiors. Those who receive a dispensation and then
return to public concubinage, as to their vomit, shall be totally debarred from
the above without any hope of another dispensation. If those who are
responsible for correcting such people fail to punish them, as stated above,
their superiors shall punish properly both them for their neglect and the
others for their concubinage. Severe measures must be taken also in provincial
and synodal councils against both those who neglect to punish and those who are
reputed offenders, even by suspension from the conferment of benefices or some
other adequate penalty. Those who are found by provincial councils or their
superiors to deserve deprivation for public concubinage, but who can be
deprived only by the supreme pontiff, should be referred immediately to the
supreme pontiff together with the process of inquiry. The same diligence and
inquiry should be employed by general and provincial chapters in respect of
their subjects: and other penalties established against them and other
non-public concubinaries are to remain in force. By "public" is meant
not only someone whose concubinage is made notorious by a judicial sentence or
a legal confession or by a notoriety that no subterfuge can conceal, but also
anyone who keeps a woman suspected of incontinence and of ill repute and who,
after being admonished by his superior, does not dismiss her.
Because in some
regions there are persons with ecclesiastical jurisdiction who are not ashamed
to accept bribes from concubinaries for allowing them to wallow in their filth,
this holy synod commands, under pain of eternal malediction, that henceforth
they shall not tolerate or dissemble such conduct in any way by agreement,
composition or promise; otherwise, in addition to the aforesaid penalty for
negligence, they shall be strictly obliged and compelled to give to pious
causes double what they have received in this way. Prelates should take every
care to segregate from their subjects concubines and women of doubtful repute,
even by recourse to the secular arm if need be, and they should not allow
children born of such concubinage to live with their fathers. This holy synod
also orders that this constitution is to be published in the aforesaid synods
and chapters, and that stern warning should be given to subjects to dismiss
their concubines. It also enjoins on all secular men, even if they are of royal
rank, not to interpose any obstacle whatever under any excuse to prelates who
proceed, in virtue of their office, against their subjects for concubinage.
Moreover, since fornication of every kind is forbidden by divine law and is to
be avoided under pain of mortal sin, this holy synod warns all lay people, both
married and single, to abstain from concubinage. That man is most blameworthy
who has a wife but goes to another woman. If a single man cannot abstain, let
him marry, as the apostle advises. Let those responsible strive with all their
strength, by salutary advice and canonical sanctions, for the observance of
this divine precept.
[Excommunicates
are not to be shunned unless specifically named]
To avoid scandals
and many dangers and to relieve timorous consciences, this holy synod decrees
that henceforth nobody shall be obliged to abstain from communion with anyone
in the administration and reception of sacraments or in any other sacred or
profane matters, or to shun someone or to observe an ecclesiastical interdict,
on the ground of any ecclesiastical sentence, censure, suspension or
prohibition that has been promulgated in general by a person or by the law,
unless the sentence, prohibition, suspension or censure was specifically or expressly
promulgated or pronounced by a judge against a specified person, college,
university, church or place, or if it is clear that someone has incurred a
sentence of excommunication with such notoriety that it cannot be concealed or
in any way excused in law. For the synod wishes such persons to be avoided in
accordance with canonical sanctions. By this, however, it does not intend any
relief or favour to those so excommunicated, suspended, interdicted or
prohibited.
[Interdicts are
not to be imposed lightly]
Since an
undiscriminating promulgation of interdicts has led to many scandals, this holy
synod determines that no city, town, castle, vill or place may be laid under an
ecclesiastical interdict except by reason or through the fault of the places themselves
or of their lord, governors or officials. Such places cannot be laid under an
interdict by any ordinary or delegated authority by reason or through the fault
of any other private person, unless the person has been previously
excommunicated and denounced, or publicly named in a church, and the lords or
governors or officials of the places, though requested by the authority of a
judge, have not effectively evicted the excommunicated person within two days
or made him give satisfaction. If he is evicted after two days, or retires or
gives satisfaction, divine services may be resumed straightaway. This applies
also to dependencies of the place.
So that lawsuits
may be brought to a speedier end, a second appeal is hereby forbidden if it is
a question of the same complaint or if the appeal is made from the same
interlocutory sentence which does not have the force of a final judgment.
Anyone who makes a frivolous or unjust appeal before the final judgment shall
be condemned by the appeal judge to pay to the party appealed against the sum
of fifteen gold florins of the treasury, in addition to the expenses, damages
and interest.
SESSION 21 9 June
1435
[On annates]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. In the name of the holy Spirit the
paraclete, this holy synod decrees that in future, both in the Roman curia and
elsewhere, for the confirmation of elections, admission of postulations and
provision of presentations and for collations, dispositions, elections,
postulations, presentations, even if made by layfolk, institutions,
installations and investitures, in respect of cathedral and metropolitan
churches, monasteries, dignities, benefices and any ecclesiastical offices
whatsoever, and for sacred orders, blessings and pallia, nothing whatsoever is
to be exacted, either before or after, for sealing the bull of the letters, or
for common annates, minor services, first fruits or dues, or under any other
title or name, or on the pretext of any custom, privilege or statute, or for
any other reason or occasion, directly or indirectly. Only the writers
abbreviators and registrars of the letters or minutes shall receive a suitable
salary for their work. If anyone dares to contravene this sacred canon by
demanding, giving or promising anything, he shall incur the penalty inflicted
on simoniacs and shall acquire no right or title to the dignities or benefices
thus obtained. Obligations, promises, censures and mandates, and whatever is
done to the prejudice of this most salutary decree, are to be deemed null and
void. Even if, which God forbid, the Roman pontiff, who beyond all others
should carry out and observe the canons of universal councils, should
scandalize the church by acting contrary to this sanction, he should be delated
to a general council. Others are to be punished by their own superiors with a
fitting penalty, proportionate to their offence, in accordance with canonical
sanctions.
[About those in
peaceful possession]
Whoever has been
in possession for the last three years, not through violence but with a
specious title, peacefully and without a lawsuit, of a prelacy, dignity,
benefice or office, or shall have possession of them in the future, cannot be
disturbed afterwards in his claim or possession by anyone, even by reason of a
newly enacted law, except in the case of warfare or some other legitimate
impediment, which he must protest and intimate in accordance with the council of
Vienne. A lawsuit in this case is to be understood as regards future
controversies, if the proceedings have reached the execution of the citation,
the exhibition of his right in the judgment and the observance of all the
terms. Ordinaries, however, should make careful inquiry to see that nobody
possesses a benefice without a title. If they find such a person, they shall
declare that the right does not belong to him, and they shall give the right
either to him, if they think fit, unless he is an intruded person or violent or
undeserving in some other way, or to some other suitable person.
[How the divine
office is to be celebrated in church]
A person who is
about to make a request to a secular prince takes pains to compose himself and
his words by decent dress, becoming gesture, regulated speech and close
attention of mind. How much more careful ought he to be in all these things
when he is about to pray to almighty God in a sacred place! The holy synod
therefore decrees that in all cathedral and collegiate churches, at suitable
times and at the sound of a bell, the divine praises shall be reverently
celebrated by everyone through all the hours, not hurriedly but gravely and
slowly and with reasonable pauses, especially in the middle of each verse of
the psalms, and with a suitable distinction between solemn and ferial offices.
Those who recite the canonical hours shall enter the church wearing an
ankle-length gown and a clean surplice reaching below the middle of the
shin-bone or a cloak, according to the different seasons and regions, and
covering their heads not with a cowl but with an amice or a biretta. Having
arrived in the choir, they shall behave with such gravity as the place and the
duty demand, not gossiping or talking among themselves or with others, nor
reading letters or other writings. They have gathered there to sing, so they
should not keep their mouths shut rather all of them, especially those with
more important functions, should sing to God eagerly in psalms, hymns and
canticles. When "Glory be to the Father and, to the Son and to the holy
Spirit" is being recited, all shall rise. Whenever mention is made of the
glorious name of Jesus, at which every knee should bow in heaven, on earth and
under the earth, they shall bow their heads. Nobody should read or say the
office there privately during the public chanting of the hours in common, for
not only does this take away due honour from the choir but also it distracts
the singers. To ensure that these things and whatever else concerns the performance
of the divine office and the discipline of the choir are duly observed, the
dean, or the person whose duty it is, shall carefully keep watch, looking
round, to see if there is anything not in order. Transgressors shall be
punished with the penalty of that hour in which the offence was committed, or
even more severely, as the gravity of the fault demands.
[The times at
which each one should be in choir]
Whoever is not
present at matins before the end of the psalm Come let us exult at the other
hours before the end of the first psalm, and at mass before the last Lord have
mercy, until the end, except in cases of necessity and then only with the
permission of the president of the choir, is to be considered absent from that
hour, saving however any stricter regulations of churches in this regard. The
same is to be observed with regard to those who do not remain in processions
from the start until the finish. To ensure observance of this, someone, who
shall be under oath to act honestly and to spare none, should be deputed with
the duty of noting individuals who are absent at the appointed times. This holy
synod also orders that in churches in which stipends are not allotted for
individual hours, a deduction should be made from the gross revenues of delinquents
so that their emoluments are more or less proportionate to their labours, thus
destroying the abuses whereby anybody present at only one hour gets a full
day's stipend and presidents or deans or other officials, from the mere fact of
being officials, receive the daily stipends even when absent for purposes other
than those of their church.
[How the
canonical hours should be recited outside choir]
This holy synod
admonishes all holders of benefices, or those in holy orders, since they are
bound to the canonical hours, if they wish their prayers to be acceptable to
God, to recite the day and night offices, not in a mumble or between their
teeth, nor swallowing or abbreviating their words, nor intermingling
conversation and laughter, but, whether they are alone or with others,
reverently and distinctly and in such a place as will not diminish devotion,
for which they ought to dispose and prepare themselves, as the scripture says:
Before prayer prepare your soul, and do not be like someone who tempts God.
[About those who
wander about the church during services]
Any holder of a
benefice in a church, especially of a major one, if he is seen wandering around
inside or outside the church during the divine services, strolling or chatting
with others, shall automatically forfeit his attendance not only for that hour
but also for the whole day. If after being corrected once he does not stop, let
him be deprived of his stipends for a month, or, if he is obstinate, let him be
subjected to a heavier penalty so that in the end he is forced to desist. Also,
noisy comings and goings in the church should not be allowed to impede or
disturb the divine service. Regulars who err in these matters in conventual
churches should be punished with a heavy penalty at the judgment of their
superior.
[About a
notice-board hanging in the choir]
So that
everything may be well ordered in the house of God and that each person may
know what he has to do, let there be affixed a notice-board permanently hanging
in the choir, with information on it of the duties of each canon or other
benefice-holder as regards reading or singing at the individual hours during
the week or a longer time. Anyone who fails to do in person or by proxy what is
prescribed there, shall forfeit for each hour the stipend of one day.
[On those who at
mass do not complete the creed, or sing songs, or say mass in too low a voice
or without a server]
There are abuses
in some churches whereby the "I believe in one God", which is the
symbol and profession of our faith, is not sung to the end, or the preface or
the Lord's prayer is omitted, or secular songs are sung in the church, or
masses (including private ones) are said without a server, or the secret
prayers are said in so low a voice that they cannot be heard by the people
nearby. These abuses are to stop and we decree that any transgressors shall be
duly punished by their superiors.
[About those who
pledge divine worship]
We abolish also
that abuse, so manifestly incompatible with divine worship, whereby some canons
of churches, having contracted debts, bind themselves to their creditors in
such a way that, if they do not pay their debts by a fixed time there will be a
cessation of divine services. We declare this obligation null even if it has
been confirmed by oath. We decree that those who make these illicit agreements
shall automatically lose for three months their revenues, which shall be
applied to their church They shall receive no emoluments from their church
until they resume the divine services.
[On holding
chapters at the same time as the principal' mass]
This holy synod
forbids chapters and other meetings of canons to be held, or chapter business
to be transacted, at the same time as the principal mass, especially on solemn
feasts, unless an urgent and manifest necessity suddenly occurs. Whoever
summons the chapter for that time shall be suspended from receiving his daily
stipends for a week, and the canons shall forego their stipends for that hour.
[On not
performing spectacles in churches]
In some churches,
during certain celebrations of the year, there are carried on various
scandalous practices. Some people with mitre, crozier and pontifical vestments
give blessings after the manner of bishops. Others are robed like kings and
dukes; in some regions this is called the feast of fools or innocents, or of
children. Some put on masked and theatrical comedies, others organize dances
for men and women, attracting people to amusement and buffoonery. Others
prepare meals and banquets there. This holy synod detests these abuses. It
forbids ordinaries as well as deans and rectors of churches, under pain of
being deprived of all ecclesiastical revenues for three months, to allow these
and similar frivolities, or even markets and fairs, in churches, which ought to
be houses of prayer, or even in cemeteries. They are to punish transgressors by
ecclesiastical censures and other remedies of the law. The holy synod decrees
that all customs, statutes and privileges which do not accord with these
decrees, unless they add greater penalties, are null.
SESSION 22 15
October 1435
[On the
condemnation of the book of friar Augustine of Rome, archbishop of Nazareth]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. The main reason, among other pious
aims, why this holy synod assembled was to preserve the truth of the catholic
faith and to eradicate errors and heresies. Therefore the chief goal of our
activity is, as soon as we learn of the spread of something that can harm the
purity of the christian faith or in any way obscures the brilliance of the
light in the minds of the faithful, to eradicate it completely and carefully to
clear the Lord's field of noxious weeds and brambles. This holy synod therefore
condemns and censures a certain book by master Augustine, commonly called
"of Rome", archbishop of Nazareth. Its first treatise is entitled,
"On the sacrament of the unity of Jesus Christ and the church, or on the
whole Christ"; the second, "On Christ the head and his glorious
sovereignty", another, "On the charity of Christ towards the elect
and his infinite love". The holy synod condemns and censures the book as
containing teaching that is unsound and erroneous in the faith, as well as its
defenders.
The holy synod
especially condemns and censures, in the book, the assertion which is
scandalous, erroneous in the faith and offensive to the ears of the pious
faithful, namely: Christ sins daily and has sinned daily from his very
beginning, even though he avers that he does not understand this as of Christ
our saviour, head of the church, but as referring to his members, which
together with Christ the head form the one Christ, as he asserts. Also, the
propositions, and ones similar to them, which the synod declares are contained
in the articles condemned at the sacred council of Constance, namely the
following. Not all the justified faithful are members of Christ, but only the
elect, who finally will reign with Christ for ever. The members of Christ, from
whom the church is constituted, are taken according to the ineffable
foreknowledge of God; and the church is constituted only from those who are
called according to his purpose of election. To be a member of Christ, it is
not enough to be united with him in the bond of charity, some other union is
needed. Also the following. The human nature in Christ is really Christ. The
human nature in Christ is the person of Christ. The intimate cause that
determines the human nature in Christ is not really distinguished from the
nature that is determined. The human nature in Christ is without doubt the
person of the Word; and the Word in Christ, once the nature has been assumed,
is really the person who assumes. The human nature assumed by the Word in a
personal union is truly God, natural and proper. Christ according to his
created will loves the human nature united to the person of the Word as much as
he loves the divine nature. Just as two persons in God are equally lovable, so
the two natures in Christ, the human and the divine, are equally lovable on
account of the common person. The soul of Christ sees God as clearly and
intensely as God sees himself.
These
propositions and others springing from the same root, which are to be found in
the said book, this holy synod condemns and censures as erroneous in the faith.
Lest it come to pass that any of the faithful fall into error on account of
such teaching, the synod strictly forbids anyone to teach, preach, defend or
approve the teaching of the said book, especially the aforesaid condemned and
censured propositions, and its supporting treatises. It decrees that
transgressors shall be punished as heretics and with other canonical penalties.
By these measures the synod intends to detract in nothing from the sayings and
writings of the holy doctors who discourse on these matters. On the contrary,
it accepts and embraces them according to their true understanding as commonly
expounded and declared by these doctors and other catholic teachers in the
theological schools. Nor does the synod intend by this judgment to prejudice
the person of the said author since, though duly summoned, he gave reasons for
being absent, and in some of his writings and elsewhere he has submitted his
teaching to the church's judgment. Further, this holy synod orders all
archbishops, bishops, chancellors of universities and inquisitors of heresy,
who are responsible in this matter, to ensure that nobody has the said book and
supporting treatises or presumes to keep them with him, rather he shall consign
them to these authorities, so that they may deal with them in accordance with
the law: otherwise let such persons be proceeded against with canonical
censures.
SESSION 23 26
March 1436
[On the election
of the supreme pontiff]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. Since a good shepherd is the
salvation of his flock, it is the duty of this sacred synod to strive, with all
the diligence that human law can contrive, that the Roman pontiff, who is first
in the Lord's flock and the supreme shepherd, should be and continue to be such
as to provide for the salvation of all souls and the benefit of the whole
christian world and to fulfil worthily so great an office. Therefore it renews
the constitutions about the election of Roman pontiffs which sacred councils
and supreme pontiffs have issued and it adds to them some further salutary
norms. It decrees that whenever the apostolic see falls vacant, all the
cardinals of the holy Roman church who are present in the place where the
election of the supreme pontiff is to be held, shall meet together on the tenth
day after the see becomes vacant in some chapel or place near the conclave.
From there they shall process behind a cross, two by two, devoutly singing the
Veni creator Spiritus, and enter the place of the conclave, each taking with
him not more than two necessary attendants. In view of the ceremonies, two
clerics may also be admitted, at least one of whom shall be a notary. The
chamberlain together with the deputies for the custody of the conclave shall
ensure that nobody, apart from the aforesaid persons, enters the conclave.
After the cardinals have entered and the doors have been closed, the
chamberlain shall enter with the deputies and carefully examine the cells of
all the cardinals. He shall remove any food and edibles found there, except
medicines of the sick and infirm. He shall ensure a careful guard whenever he leaves
and closes the door, and each day he shall closely inspect the food being
brought in for the cardinals and allow only what seems necessary for moderate
refreshment, without prejudice to the decrees passed in the fourth and seventh
sessions of this sacred council.
On the next day
all the cardinals, in the presence of all those in the conclave, shall hear a
mass of the holy Spirit and receive the eucharist. Before the voting begins,
they shall swear before the holy gospels in these words: I, N. , cardinal of .
. . , swear and promise to almighty God, Father, Son and holy Spirit, and to
blessed Peter, prince of the apostles, that I shall elect as pontiff the person
who I think will be beneficial to the universal church in both spiritual and
temporal matters and suitable for so great a dignity; I shall not give my vote
to anyone who I have reason to think is directly or indirectly aiming at
getting himself elected, by his promising or giving some temporal thing or by
asking in person or through another or in any other way whatsoever; and I shall
not make obeisance to anyone elected as pontiff before he takes the oath
prescribed by this council of Basel; so help me God, to whom on the day of
tremendous judgment I shall have to give an account of this oath and all my
deeds After this each cardinal shall submit a ballot-card, on which he shall
nominate a maximum of three persons. If he nominates more than one person, the
second and third persons shall be from outside the college of cardinals. There
shall not be more than one ballot on any day and it shall be held immediately
after the mass. When the ballot-cards have been read, they shall be burnt
straightaway unless two-thirds of the votes are for the same person. No
approach shall be made to anyone until six ballots have been completed. During
this time let the cardinals reflect and seriously ponder how much merit or loss
to themselves, how much fruit or damage to the christian people, how much good
or evil, they will be causing by their choice of a pontiff. There is nothing,
indeed, by which they can more merit the grace or the wrath of our lord Jesus
Christ than when they are setting his vicar over his sheep, which he loved so
much as to suffer the torments of the cross and to die for them.
[On the
profession of the supreme pontiff]
The holy synod
decrees that the person elected as pope is obliged to express his consent to
the election in the manner stated below. It is fitting that this consent should
be made to the cardinals, if the person elected is present in the curia, or to
one of the cardinals or someone mandated by them if he is not present there, in
the presence of a notary and at least ten persons. After he has been informed
of the election, he is bound to act within a day of the demand. If he does not
do so, his election is annulled and the cardinals must proceed in the Lord's
name to another election. But if he expresses his consent, as stated above, the
cardinals shall straightaway make due obeisance to him as supreme pontiff. Once
the obeisance has been made by the cardinals, nobody has any right to challenge
his pontificate.
[Form of consent]
In the name of
the holy and undivided Trinity, Father, Son and holy Spirit. I, N. , elected
pope, with both heart and mouth confess and profess to almighty God, whose
church I undertake with his assistance to govern, and to blessed Peter, prince
of the apostles, that as long as I am in this fragile life I will firmly
believe and hold the catholic faith, according to the tradition of the
apostles, of general councils and of other holy fathers, especially of the
eight holy universal councils -- namely the first at Nicaea, the second at
Constantinople, the third which was the first at Ephesus, the fourth at
Chalcedon, the fifth and sixth at Constantinople, the seventh at Nicaea and the
eighth at Constantinople -- as well as of the general councils at the Lateran,
Lyons, Vienne, Constance and Basel, and to preserve intact this faith unchanged
to the last dot, and to defend and preach it to the point of death and the
shedding of my blood, and likewise to follow and observe in every way the rite
handed down of the ecclesiastical sacraments of the church. I promise also to
labour faithfully for the defence of the catholic faith, the extirpation of
heresies and errors, the reform of morals and the peace of the christian
people. I swear also to continue with the holding of general councils and the
confirmation of elections in accordance with the decrees of the holy council of
Basel. I have signed this profession with my own hand; I offer it on the altar
with a sincere mind to you almighty God, to whom on the day of tremendous
judgment I shall have to give an account of this and all my deeds; and I will
repeat it at the first public consistory.
'So that this
salutary institution may not fade from the supreme pontiff's memory with the
passage of time, every year on the anniversary of his election or of his
coronation, the first cardinal present shall, during mass, publicly and in a
loud voice address the supreme pontiff thus: Most holy father, may your
holiness heed and carefully ponder the promise which you made to God on the day
of your election. He shall then read out the promise and shall continue as
follows: May your holiness, therefore, for the honour of God, for the salvation
of your soul and for the good of the universal church, strive to observe to
your utmost all these things in good faith and without guile or fraud. Recall
whose place it is that you hold on earth, namely of him who laid down his life
for his sheep, who thrice asked the blessed Peter if he loved him, before he
entrusted his sheep to him', and who, as the just judge whom nothing secret
escapes, will exact from you an account of everything to the very last
farthing. Remember what blessed Peter and his successors as pontiffs did: they
thought only of the honour of God, the spread of the faith, the public good of
the church and the salvation and benefit of the faithful; finally, imitating
their master and Lord they did not hesitate to lay down their lives for the
sheep entrusted to them. Do not lay up for yourself or your kinsfolk treasures
on earth, where moth and rust consume and where thieves and robbers break in,
but lay up for yourself treasure in heaven. Do not be an accepter of persons or
of blood-ties or of homeland or of nation. All people are children of God and
have been equally entrusted to your care and safe-keeping. Say after the
example of Christ: Whoever does the will of my Father in heaven, he is my
brother and sister and mother. In distributing dignities and benefices put
before yourself neither the flesh nor gifts nor anything temporal at all, but
solely God and the virtues and merits of people. Exercise ecclesiastical
discipline in correcting faults, mindful of what grace Phinehas merited and
what punishment Eli, the one for avenging injuries to God, the other for
pretending not to know them. Defend, help and support the poor and needy. Show
a fatherly charity to all.
After the
solemnities of his coronation, and each year after the anniversary of his
election, the supreme pontiff shall carefully discuss with his brethren, for at
least eight consecutive days, how he shall carry out his solemn promises to
God. In the first place, therefore, he should examine where in the world the
christian religion is being persecuted by Turks, Saracens, Tartars and other
infidels; where heresy or schism or any form of superstition flourishes, in
which provinces there has been a decline in morals and observance of the divine
precepts and in the right way of living, in both ecclesiastical and secular
matters, where ecclesiastical liberty is infringed; among which kings, princes
and peoples enmity, wars and fears of war are rife; and like a dutiful father
he should strive with his brethren carefully to provide remedies.
When these
affairs of an universal character have been settled, let him deal with those
nearer at hand. Let him begin by reforming and ordering in an exemplary way his
house, his household and the Roman curia, where and in so far as this is
necessary, so that from the visible reform of the church which is the head of
all others, lesser churches may draw purity of morals and no occasion may be
given for calumny and malicious talk. Making diligent inquiry in person and
through others about both important and lesser persons, he should allow no
delay or pretence in correcting whatever is found in need of reform,
remembering that the sin is twofold, the one being committed, the other and far
more serious being its consequences. For whatever is done there is easily made
into an example. That is why, if the head is sick, disease enters into the rest
of the body. The papal household and court should be a kind of clear mirror, so
that all who look at it form themselves and live according to its example.
Thereafter let him banish and eradicate any traces of simony, filthy
concubinage or whatever may offend God or scandalize people. He should take
care that officials do not exercise their offices badly or oppress anybody or
extort anything by threats or illegal means, and that those in charge of the
officials do not let their excesses go unpunished. They should not tolerate
clothes and colours which are forbidden by the sacred canons. Let him instruct
the Roman clergy, who are chiefly and immediately subject to him, in all
ecclesiastical decorum, admonishing them that God's approval depends not on the
parade and splendour of clothes but on humility, docility, purity of mind,
simplicity of heart, holiness of behaviour and the other virtues which commend
their possessor to God and to people. Let him enact reforms especially so that
the divine services may be observed in the churches of Rome with all seemly
devotion and discipline. He should also instruct the people of Rome, which is
his own parish, and direct them in the way of salvation. He should bid the
cardinals to visit and reform their titular churches and parishes as befits
their office. He should appoint some prelate of great learning and of proven
and exemplary life as his vicar in the city, to take his place in the episcopal
care of the clergy and people, and he should often inquire about whether he is
fulfilling his task.
Next, let him
reflect carefully with the same brethren on the good and wholesome
administration of the temporalities of the Roman church and let him ensure that
the provinces, cities, towns, castles and lands subject to the Roman church are
justly and peacefully ruled with such moderation that the difference between
government by ecclesiastics and by secular princes is like that between a
father and a master. He should not aim at gain, but cherishing all with
paternal charity he should esteem them not as subjects but as sons and
daughters. Since he has charge of their spiritual and temporal well-being, he
must watch to get rid of all factions and seditious groups -- especially of
Guelphs and Ghibellines and other similar parties -- which breed destruction to
both souls and bodies. He must strive, employing spiritual and temporal
penalties of all possible kinds, to remove all causes of dissension and to keep
people united for the defence of the church. To govern the provinces and chief
cities, he should appoint cardinals or prelates of untarnished reputation who
will seek not financial gain but justice and peace for their subjects. Their
legation shall last for two, or at most three, years. When their legation has
ended, since it is right that each one should give an account of his
stewardship, one or more outstanding men shall be appointed to review their
administration and to hear the complaints and petitions of the inhabitants and
to render justice; these shall refer what they cannot easily effect to the
pope, and he shall strive to find out what the former have done and to punish
any illegal actions, so that their successors may learn from their example to
avoid illegalities. Officials should be allotted a suitable salary on which
they can live honestly, to prevent them turning their hand to what is illicit.
The supreme
pontiff should often inquire how his legates, governors and commissars, as well
as deputies and feudatories of the Roman church, rule their subjects and
whether they oppress them with new taxes and exactions. He should not tolerate
any austere measure or unjust burden being laid on his subjects' necks. For it
would be wicked to allow those whom the pope should rule as a father to be
treated tyranically by others. He should ensure that statutes and ancient
constitutions by which provinces and districts have been well governed in the
past are kept intact. But if any have subsequently been issued unreasonably or
from envy or partiality, they should be cancelled or altered when the reasons
for doing so have been understood. Within a year from the day of his election,
the Roman pontiff shall summon spokesmen and proctors of the provinces and
chief cities of the Roman church and shall question them closely, with fatherly
affection, about the following: the state and condition of their territories,
how they were governed in the time of his predecessor, whether they are being
oppressed by any unjust burden, and what should be done for their good
government. Then let him apply to them as to sons remedies which will provide
for their benefit and security and for the common good. He should not shrink
from repeating this at least every two years. Among the other things that
feudatories, captains, governors, senators, castellans and other high officials
of Rome and of the lands of the church customarily swear to, there should be
added at the time of their installation an oath that, when the papacy is
vacant, they will hold their cities, lands, places, citadels, castles and
peoples at the command of the cardinals, in the name of the Roman church, and
that they will freely and without opposition hand them over to the same. Lest
the supreme pontiff may seem to be influenced by carnal affection rather than
by right reason, and to avoid the scandals that sad experience shows often
arise, in future he shall not make or allow to be made anyone related to him by
blood or affinity to the third degree inclusive a duke, marquis, count,
feudatory, emphyteutic tenant, deputy, governor, official or castellan of any
province, city, town, castle, fortress or place of the Roman church, nor give
them any jurisdiction or power over them, nor appoint them captains or leaders
of men under arms. The cardinals must never agree with a supreme pontiff
attempting to act otherwise, and his successor as pontiff shall withdraw and
revoke anything done in this way.
In accordance
with the constitution of Pope Nicholas IV, the holy synod decrees that half of
all fruits, revenues, proceeds, fines, penalties and taxes deriving from all
the lands and places subject to the Roman church belongs to the cardinals of
the holy Roman church, and that the institution and dismissal of all rulers and
governors and guardians, howsoever they may be called, who are in charge of the
aforesaid lands and places, and also of the collectors of the said fruits,
should be made with the advice and agreement of the cardinals. The holy synod
therefore admonishes the cardinals to protect the lands and subjects of the
Roman church from harm and oppression and, mindful of their peace, safety and
good government, to recommend them, if need be, to the supreme pontiff. While
it is true that the supreme pontiff and the cardinals should give careful
attention to all the territories of the Roman church, nevertheless the city of
Rome should be at the centre of their concern. For there the holy bodies of
blessed Peter and Paul and of innumerable martyrs and saints of Christ repose;
there is the seat of the Roman pontiff, from which he and the Roman empire take
their name; thither all Christians flock for the sake of devotion. They should
feel for it a special love and affection, as being peculiarly their daughter
and principal parish, so that it should be governed in peace, tranquillity and
justice and should suffer no damage to its churches, walls and roads and the
security of its streets. Hence this holy synod decrees that from the sum total
of the income and proceeds of the city, an adequate portion shall be set aside
for the preservation of the churches, walls, roads and bridges and the security
of the streets in the city itself and the district; this money is to be
administered by men of proven reputation who are to be chosen on the advice of
the cardinals.
The supreme
pontiff calls himself the servant of the servants of God; let him prove it in
deeds. As long as people from all parts have recourse to him as to a common
father, he should give them all easy access. Let him set aside at least one day
in the week for a public audience, when he shall listen with patience and
kindness to all, especially the poor and oppressed, and shall grant their
prayers as much as he can with God's help, and shall assist all with kind
advice and help as each one has need and as a father does for his children. If
he is prevented by some bodily need, he shall entrust this task to some
cardinal or other noteworthy person who will report everything to him, and he
shall order all officials of the curia, especially the vice-chancellor, the
penitentiary and the chamberlain, to expedite business for the poor with speed and
free of charge, bearing in mind the apostolic charity of Peter and Paul, who
pledged themselves to remember the poor . He should attend a public mass on
Sundays and feast-days, and after it for a while he should give audience to the
needy. He should hold a public consistory each week, or at least twice a month,
to treat of the business of cathedral churches, monasteries, princes and
universities and other important affairs. But he should refer lawsuits and
lesser matters to the vice-chancellor. He should keep himself free of lawsuits
and lesser business as far as he can, so as to be freer to attend to major
issues. Since the cardinals of the holy Roman church are considered to be part
of the body of the Roman pontiff, it is extremely expedient for the common good
that, following ancient custom, serious and difficult questions should
hereafter be settled on their advice and direction after mature deliberation,
especially the following: decisions on matters of faith; canonizations of
saints, erections, suppressions, divisions, subjections or unions of cathedral
churches and monasteries; promotions of cardinals; confirmations and provisions
relating to cathedral churches and monasteries; deprivations and translations
of abbots, bishops and superiors; laws and constitutions; legations a latere or
commissions or envoys and nuncios functioning with the authority of legates a
latere; foundations of new religious orders; new exemptions for churches,
monasteries and chapels, or the revocation of those already granted without
prejudice to the decree of the holy council of Constance about not transferring
prelates against their will.
[On the number
and qualities of cardinals]
Since the
cardinals of the holy Roman church assist the supreme pontiff in directing the
christian commonweal, it is essential that such persons be appointed as may be,
like their name, real hinges on which the doors of the universal church move
and are upheld. The sacred synod therefore decrees that henceforth their number
shall be so adjusted that it is not a burden to the church which now, owing to
the malice of the times, is afflicted by many serious inconveniences) or
cheapened by being too large. They should be chosen from all the regions of
Christianity, as far as this is convenient and possible, so that information on
new things in the church may be more easily available for mature consideration.
They should not exceed twenty-four in number, including the present cardinals.
Not more than a third of them at any given time shall be from one nation, not
more than one from any city or diocese. None shall be chosen from that nation
which now has more than a third of them, until its share has been reduced to a
third. They should be men outstanding in knowledge, good conduct and practical
experience, at least thirty years old, and masters, doctors or licentiates who
have been examined in divine or human law. At least a third or a quarter of
them should be masters or licentiates in holy scripture. A very few of them may
be sons, brothers or nephews of kings or great princes; for them an appropriate
education will suffice, on account of their experience and maturity of
behaviour.
Nephews of the
Roman pontiff, related to him through his brother or sister, or of any living
cardinal shall not be made cardinals; nor shall bastards or the physically
handicapped or those stained by a reputation of crime or infamy. There can,
however, be added to the aforesaid twenty-four cardinals, on account of some
great necessity or benefit for the church, two others who are outstanding in
their sanctity of life and excellence of virtues, even if they do not possess
the above-mentioned degrees, and some distinguished men from the Greeks, when
they are united to the Roman church. The election of cardinals shall not be
made by oral votes alone, rather only those shall be chosen who, after a
genuine and publicized ballot, obtain the collegial agreement, signed with
their own hands, of the majority of the cardinals. For this purpose let an
apostolic letter be drawn up with the signatures of the cardinals. The decree
of this sacred council beginning Also since the multiplication of cardinals,
etc., which was published in the fourth session, is to remain in force. When
cardinals receive the insignia of their dignity, whose meaning is readiness to
shed their blood if necessary for the good of the church, they shall take the
following oath in a public consistory, if they are in the curia, or publicly in
the hands of some bishop commissioned for this purpose by an apostolic letter
containing the oath, if they are not in the curia.
I,N., recently
chosen as a cardinal of the holy Roman church, from this hour henceforward will
be faithful to blessed Peter, to the universal and Roman church and to the
supreme pontiff and his canonically elected successors. I will labour
faithfully for the defence of the catholic faith, the eradication of heresies
errors and schisms, the reform of morals and the peace of the christian people.
I will not consent to alienations of property or goods of the Roman church or
of other churches or of any benefices, except in cases allowed by law, and I
will strive to the best of my ability for the restoration of those alienated
from the Roman church. I will give neither advice nor my signature to the
supreme pontiff except for what is according to God and my conscience. I will
faithfully carry out whatever I am commissioned to do by the apostolic see. I
will maintain divine worship in the church of my title and will preserve its
goods: so help me God.
For the
preservation of the titular churches of the cardinals, some of which have sadly
deteriorated both in divine worship and in their buildings, to the shame of the
apostolic see and of the cardinals themselves, this holy synod decrees that
from the revenues and incomes of the territories of the Roman church -- half of
which belongs to the cardinals in accordance with the constitution of Pope Nicholas,
as was said above -- a tenth of what each cardinal receives shall be applied
each year to his titular church. Moreover, each cardinal shall leave to his
titular church, either in his lifetime or at his death, enough for the upkeep
of one person. If he fails to do so, regarding both this and the said tenth,
all his goods shall be sequestrated until due satisfaction has been made. We
place the burden of carrying this out on the first cardinal of the order in
which he died. Each cardinal present in the curia should make an annual
visitation of his titular church in person; each one not present should make it
through a suitable deputy. He should also inquire carefully concerning the
clergy and the people of his dependent churches, and make useful provision with
regard to the divine worship and the goods of these churches as well as the
life and conduct of the clergy and parishioners, about whom, since they are his
sheep, he will have to render an account at the severe judgment of God. As
regards the time of the visitation and other things, let him observe what is
laid down in our decree on synodal councils.
Although both the
dignity itself and the cardinal's own promise urge him to toil at the holy
tasks just mentioned, yet results will be greater if the tasks are spread among
individuals. Therefore cardinal-bishops shall inquire about what regions are
infected with new or old heresies, errors and superstitions; cardinal-priests
shall inquire about where conduct, observance of the divine commandments and ecclesiastical
discipline are lax; cardinal-deacons shall inquire about which kings, princes
and peoples are troubled by actual or possible wars. Like busy bees, both with
the supreme pontiff and among themselves, they should promote these holy works
with diligence and in detail, striving to provide a remedy where this is
needed. The supreme pontiff for his part, as the common father and pastor of
all, should have investigations made everywhere not only when requested to do
so but also on his own initiative and he should apply salutary medicines, as
best he can, for all the illnesses of his children. If the cardinals ever
notice that a pope is negligent or remiss or acting in a way unbefitting his
state, though may this never happen, with filial reverence and charity they
shall beg him as their father to live up to his pastoral office, his good name
and his duty. First, let one or some of them warn him that if he does not
desist they will delate him to the next general council, and if he does not
amend they shall all do this as a college together with some notable prelates.
For the well-being of the supreme pontiff and the common good they should not
fear the hostility of the supreme pontiff himself or anything else, provided
they act with reverence and charity. Much more so, if it comes to the pope's
notice that some cardinal is acting wrongly and reprehensibly, he should
correct him, always with paternal charity and according to evangelical
teaching. Thus, acting in charity towards each other, one to another, a father
to his sons and sons to their father, let them direct the church with exemplary
and salutary government.
Let the cardinals
both publicly and privately treat with kindness and respect prelates and all
others, especially distinguished persons who come to the Roman curia, and let
them present their business to the supreme pontiff freely and graciously. Since
the cardinals assist him who is the common father of all, it is very unseemly
for them to become accepters of persons or advocates. Hence this holy synod
forbids them to exercise any favouritism as collateral judges, even if they
take their origin from a favoured region. Neither should they be biased
protectors or defenders of princes or communities or others against anyone,
whether paid or unpaid, but putting aside all sentiment let them assist the
pope in pacifying quarrels with harmony and justice. The holy synod urges and
commends them to promote the just business of princes and anybody else,
especially religious and the poor, without charge and without seeking reward,
as an act of charity. Let them preserve with readiness and kindness the gravity
and modesty that befits their dignity. Let them maintain towards all people
godliness which, according to the Apostle, is profitable in every way. Although
they should not neglect their kinsfolk, especially if they are deserving and
poor, they should not load them with a mass of goods and benefices to the
scandal of others. Let them beware of pouring out on flesh and blood, beyond
the bounds of necessity, goods coming from the churches. If the pontiff notices
such strutting among the great, he should reprimand and object, as is fitting,
and he will be blameworthy if he fails to correct, in keeping with his office,
whatever needs correction.
The household,
table, furniture and horses of both pope and cardinals should not be open to
blame as regards quantity, state, display or any other excess. The house and
its contents should be on a moderate scale, a model of frugality and not a
source of scandal. Both the supreme pontiff and the cardinals, as well as other
bishops, should strive to observe the constitution of blessed Gregory which was
published at a general synod and which this holy synod now renews the sense of
which is as follows: Though the life of a pastor should be an example to
disciples, the clergy for the most part do not know the private life-style of
their pontiff, even though secular youths know it; we therefore declare by this
present decree that certain clerics and even monks should be selected to
minister in the pontifical chamber, so that he who is in the seat of government
may have witnesses who will observe his true private behaviour and will draw an
example of progress from this regular sight.
Let them also pay
attention to the words of Pope Paschal: "Let bishops spend their time in
reading and prayer and always have with them priests and deacons and other
clerics of good reputation, so that, following the Apostle and the instructions
of holy fathers, they may be found without blame."3 It does not profit the
commonweal for cases other than those concerning elections to cathedral
churches or monasteries, or princes or universities or similar matters, to be
assigned by the pope or the chancery to cardinals, since they should devote
themselves to the greater problems of the universal church. Lesser cases,
therefore, should be sent to the court of the Rota, which was instituted for
this purpose. Neither the pope nor cardinals should in future send their
officials to prelates who have been confirmed or provided, as it were to accept
gifts, lest they allow others to do what is unfitting for themselves to do.
Something that has happened in the past -- namely a sum of money or something
else is subtracted from the goods of a dead cardinal, as a charge for the ring
given to him on the assignment of his titular church -- is not to occur in the
future, since the labours of cardinals for the commonweal merit rather
obsequies from public funds, if they are poor.
[On elections]
Already this holy
synod, with its abolition of the general reservation of all elective churches
and dignities, has wisely decreed that provision should be made for them by
canonical elections and confirmations. It wishes also to forbid special and
particular reservations of elective churches and dignities, whereby free
elections and confirmations can be prevented; and to ensure that the Roman
pontiff will attempt nothing against this decree, except for an important,
persuasive and clear reason, which should be expressed in detail in an
apostolic letter. However, much has been done against the intention of this
decree and without the required reason, resulting in serious scandals already
and the likelihood of even more serious ones in the future. This holy synod
wishes to prevent this and does not want the purpose of the decree, which was
to remove every obstacle to canonical elections and confirmations, to be
deprived of its effect. It therefore decrees that elections should assuredly be
held in the said churches without any impediment or obstacle and that, after
they have been examined in accordance with common law and the dispositions of
our decree, they shall be confirmed. However, if perhaps on occasion it should
happen that an election is made which in other respects is canonical but which,
it is feared, will lead to trouble for the church or the country or the common
good, the supreme pontiff, when the election is referred to him for
confirmation, if he is convinced that there exists such a most pressing reason,
after mature discussion and then with the signed votes of the cardinals of the
Roman church or the majority of them declaring that the reason is true and
sufficient, may reject the election and refer it back to the chapter or convent
for them to institute another election, from which such consequences are not to
be feared, within the legal time or otherwise according to the distance of the
place.
[On reservations]
The numerous
reservations of churches and benefices hitherto made by supreme pontiffs have
turned out to be burdensome to churches. Therefore this holy synod abolishes
all of them both general and special or particular -- for all churches and
benefices whatsoever that were customarily provided for by an election or a
collation or some other disposition -- which were introduced either by the
additional canons Ad regimen and Execrabilis or by rules of the chancery or by
other apostolic constitutions, and it decrees that never again shall they
exist, with the exception only of reservations expressly contained in the corpus
of law and those which occur in the lands mediately or immediately subject to
the Roman church by reason of direct or beneficial dominion.
[On Clementine
"Letters"]3
Although
apostolic and other letters may state that someone has renounced, or been deprived
of, a dignity, benefice or right, or has done something for which a right of
his has been taken away, nevertheless letters of this sort should not prejudice
him, even though they are based on the status or the intention of the person
making the statement, unless proof is forthcoming from witnesses or other
legitimate documents.
SESSION 24 14
April 1436
[About business
with the Greeks and about indulgences, etc.]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. Our ambassadors to the most serene
emperor of the Romans and the most reverend lord patriarch of Constantinople,
who were sent to Constantinople on behalf and in the name of this holy synod,
for various reasons promised to present the terms which were concluded and
signed by the two sides on another occasion in this holy synod regarding the
manner of holding a universal and ecumenical council of both churches, and to
exhibit them with effect, under the customary leaden seal of this holy synod,
with the present date and containing the following text word for word. This
holy synod, unwilling to omit anything that might help the union of Christ's
churches, accepts, approves, ratifies and confirms by this present decree the
said promise of its ambassadors and includes in this document the said terms
word for word as was promised by the said ambassadors, as follows.
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. Among the various works necessary
for the whole christian people for which this holy council was assembled, the
union of the western and eastern churches of Christ is the chief and greatest.
Rightly, therefore, from the very start of its proceedings, this holy synod has
made every effort to achieve this. For, as quickly as possible it sent its
ambassadors with letters to the most serene emperor of the Greeks and the most
reverend patriarch of Constantinople, to exhort them with all charity and
insistence that they should send some persons with full authority to treat with
us on the way to achieve the said holy union. As soon as they were asked, they
appointed to this holy synod three outstanding men from those who seem to be of
great authority among them -- the first of whom was indeed a blood-relative of
the emperor -- with a sufficient commission from the emperor himself signed by
his own hand and with a golden seal, and furnished with letters of the
patriarch. Both in a general congregation and in the presence of our
commissaries they expressed the most fervent desire of the emperor, the
patriarch and the whole eastern church for this union. They urge and daily
stimulate us in a wonderful way to pursue this holy work, strongly and
persistently affirming two things: that union is only possible in a universal
synod in which both the western church and the eastern church meet, and that it
is to be hoped that this union will follow if matters proceed in that synod in
the way that is agreed below. We were filled with joy and gladness when we
heard this. Therefore we venerable cardinals of the holy Roman church,
presidents of the apostolic see, casting all our thoughts on God, who alone
does great wonders, deputed the patriarch of Antioch and a suitable number of
archbishops, bishops, abbots, masters and doctors to treat of this question
with the ambassadors of the Greeks and to look for a way to reach a solution.
After these men had frequently met and discussed among themselves and with the
ambassadors, they reached the conclusions given below. These conclusions, in
accordance with the custom of this council, were seriously debated by the deputations
and ratified by a general congregation. Their contents, together with the
chrysobull of the lord emperor, are as follows: The ambassadors of the most
serene lord emperor, etc., which is given at length in the council's decree
which is included above. But because the period of time mentioned above, within
which the aforesaid things should have been fulfilled, has elapsed, not through
the fault of either party but because of various intervening negotiations, this
holy synod therefore accepts the period of time agreed by the most serene
emperor of the Greeks and the most reverend patriarch of Constantinople on the
one side, and by the ambassadors of this sacred council on the other, namely
the year beginning this coming month of May, so that for the whole of this May
until the following year each of the two parties is prepared to carry out the
aforesaid points, and each accepts and promises that it will fulfil for its
part, within the said time, whatever is included in the above-mentioned terms.
[Safe-conduct for
the Greeks given by the sacred council of Basel to the lord emperor of the
Greeks and the patriarch of Constantinople]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church. In our western region and the obedience of the Roman church,
a universal and ecumenical synod is to be held, under God's inspiration, at
which both the western church and the eastern church will meet in accordance
with the agreement reached at this holy synod and later ratified in
Constantinople. In order that the sincerity of our intention towards the
eastern church may be manifest to all, and that all possible suspicion as
regards the security and freedom of those coming to it may be removed, this
holy synod of Basel by this present decree, in the name and on behalf of the
entire western church and of all in that church of every status, including
those of imperial, regal or pontifical rank or of any lower spiritual or
secular dignity, authority or office, decrees, gives and concedes a full and
free safe-conduct to the most serene emperor of the Greeks, the most reverend
patriarchs of Constantinople, Alexandria, Antioch and Jerusalem, and others up
to the number of seven hundred persons, whether of imperial, regal, archiepiscopal
or any other rank, dignity or condition, who are coming or shall come to the
aforesaid universal and ecumenical council in the west. This holy synod, by
this decree, receives and has received into its safe-keeping each and all of
the said people, as regards their persons, honours and everything else, in the
kingdoms, provinces, lordships, territories, communities, cities, castles,
towns, vills and places of our obedience of the western church in which they
shall stay or through which they shall pass. It promises and concedes to each
and all of them, by this present synodal edict, free and safe permission to
approach and enter the city or place in which the said holy universal council
will be held; to stay, remain, reside and dwell there with all the immunities,
liberties and securities which those of the obedience of the western church
dwelling there will have; of debating, arguing and alleging rights and
authorities and of saying, doing and treating of, freely and without hindrance
from anyone, anything else that may seem to them useful and apt for the union
of the churches of Christ.
They may at will
go out and return from the said town or place safely, freely and without
restraint, once or often or as many times as any of them may wish, singly or
together, with or without their goods and money, with every real or personal
obstacle ceasing and being put aside, even if the said union does not come
about, though may that not be so. In the latter case and in every other
outcome, the most serene emperor, the lord patriarchs and other aforesaid
persons will be taken back to Constantinople, at our expense and in our
galleys, without any delay or obstacle, with the same honours, good will and
friendship with which they were brought to the said universal council, whether
or not union resulted from the council.
All this is
notwithstanding any differences, disagreements or dissensions about the
aforesaid matters, or any of them in particular, which exist at present or
could arise in the future between the said western and eastern churches, that
is, between the Roman church and those subject and attached to it, and the
aforesaid most serene emperor and others attached to the church of
Constantinople; notwithstanding any judgments, decrees, condemnations, laws or
decretals of any kind that have been or shall be made or issued;
notwithstanding any crimes, excesses, faults or sins that may be committed by
any of the aforesaid persons; and notwithstanding anything else, even if it is
something for which a special mention in this decree is necessary. If one or
some of ours should harm one or more of them, though may it not happen, or
should molest them in their persons, honour, property or anything else, the
miscreant shall be sentenced by us or ours to make adequate and reasonable
satisfaction to the injured party. And conversely, if any of them harms any of
ours, he shall be sentenced by them to make adequate and reasonable
satisfaction to the injured party, in accordance with the customs of both
parties. As regards other crimes, excesses and faults, each party will
institute proceedings and pass judgment on its own members.
This holy synod
exhorts all Christ's faithful and furthermore commands, by the authority of the
universal church and in virtue of the holy Spirit and of holy obedience, all
prelates, kings, dukes, princes, officials, communities and other individuals,
of whatever status, condition or dignity, who are members of our western
church, to observe inviolably each and all of the above things and, far as they
can, to have them observed; and to honour and treat with favour and reverence,
and to have so honoured and treated, both individually and together, the most
serene emperor, the patriarch and each and all of the other aforesaid persons
on their way to and from the said council. If any doubt arises about the
safe-conduct and its contents, it shall be decided by a declaration of the
universal synod which is to be held. This holy synod, for its part, wishes the
safe-conduct to remain in force until the most serene emperor, the patriarch
and other aforesaid persons with their nobles and suites to the number of seven
hundred persons, as was stated, and with their goods and chattels, have
returned to Constantinople. If anyone attempts to act in any way contrary to
the aforesaid or any part of it, let him know that he will incur the
indignation of almighty God and of the said holy synod.
SESSION 25 7 May
1437
[On the places
for the future ecumenical council for the Greeks]
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. Recently this holy synod among the
various tasks for which the inscrutable providence of the divine majesty has
deigned, by the invocation of the holy Spirit the paraclete, to bring it
together and to employ it in the cultivation of the Lord's field, turning its
mind like a watchful farmer and clearly perceiving how deplorable and abiding
has been the division in God's church over the profession of the same faith by
the eastern and western churches, conceived high hope and confidence in the
most merciful goodness of him with whom nothing is impossible, and who
generously and without restraint gives to all who duly ask him, to bring about
the unity of the catholic faith between these churches. It decided, therefore,
to apply the resources of its diligence more fully, grudging no labour or
expense, because it was convinced that thence would follow the greater praise
and glory of almighty God, a more fruitful salvation of souls and a greater
increase of the faith. Desirous of undertaking this most salutary project of
union, with the help of the grace of the holy Spirit it invited and exhorted to
come to the project, through various envoys and letters, the most serene
emperor of the Romans, the venerable patriarch of Constantinople, the other
prelates and the rest of the Greek people.
The emperor, the
patriarch and others of the Greeks received these exhortations with eagerness,
their hearts inclined and influenced by the grace of the most High. Sincerely
zealous to embark on this project of union, they decided to send to this holy
synod their solemn envoys and spokesmen, who were furnished with an adequate
mandate with the golden seal and signature of the emperor and the leaden seal
of the patriarch, devoutly expressing their most fervent desire for this unity
of faith. This holy synod concluded with them, in various preliminary meetings
and deliberations about the execution of this salutary task of union, certain
mutually agreed decrees and terms highly useful and necessary for this purpose,
which were recorded above and were promulgated in a session of this holy synod
in the cathedral of Basel. Thereafter this holy synod wished to implement these
decrees and terms by all necessary and suitable means, and therefore to proceed
to choosing a place for the coming ecumenical council, to which the aforesaid
emperor, the patriarch and others of the Greeks could and should come. After
many propositions about these and other topics relevant to this holy matter had
been considered by the various deputations of this holy synod, and after the
votes of their members on these points had been counted, finally in a general
congregation summoned for this purpose in the said cathedral, as is customary,
in which the votes of the individuals were again counted, it was found that
more than two-thirds of them had voted for Basel, Avignon or Savoy. After they
had invoked the grace of the holy Spirit and celebrated a mass, they agreed that
due and earnest pressure should be exerted on the emperor, the patriarch and
other aforesaid Greeks, with the many good reasons being put before them, so
that they might agree to Basel as the place for the ecumenical council, and
that if they rejected Basel, it should be held at Avignon. If Avignon proved
impossible, it should be held in Savoy.
Therefore, in
order that each and all of the aforesaid points might be brought to fruition,
with all the solemnity normally employed in this sacred council of Basel in
expediting matters of importance, while the fathers are seated in the cathedral
of Basel after the mass, this holy synod decrees, wishes, ordains and declares
that the future ecumenical council ought to be held at the due and agreed time
in the city of Basel or, if that is rejected, in the city of Avignon or
otherwise in Savoy, in accordance with the above-mentioned agreement; and that
the emperor, the patriarch and other aforesaid Greeks, as detailed in the said
terms and decrees, and all other persons of whatever rank, status, dignity or
pre-eminence who ought by right or custom to take part in general councils,
including those of episcopal rank, are bound and obliged to come to and take
part in that ecumenical council, especially so that this salutary work might be
completed. This holy synod wishes, declares and decrees this nomination and
choice to be firm, fixed and unchangeable. Any modification, ordinance,
disposition, nomination or choice to the contrary that may be made by this holy
council or by one or more other persons, whatever their authority, even if it
be papal, is utterly invalid; and this holy synod from its certain knowledge as
from now quashes, revokes and annuls any such measures, and denounces them as
quashed, null and of no effect, and it wishes them to be of no effect and holds
them so now, in so far as they impede or oppose in whole or in part the said
choice. Also this holy synod from its certain knowledge supplies for any defect
that may exist in the aforesaid things or in any of them in particular.
Furthermore, since this very difficult undertaking, which will bear great fruit
in God's church, as well as the transport and maintenance of the aforesaid
Greeks, cannot be accomplished without heavy expenses, it is right and fitting
that all of Christ's faithful, especially ecclesiastics, should contribute
generously from the substance of the patrimony of our lord Jesus Christ
entrusted to them, for the conclusion of so happy a venture. This holy synod
therefore imposes on each and every ecclesiastical person, both exempt and
non-exempt under whatever form or words, even the order of St John of
Jerusalem, of whatever status, dignity, rank, order or condition, even if they
are cardinals or bishops, a tenth of all their ecclesiastical fruits and
revenues -- only daily distributions being excepted -- from their churches,
monasteries, dignities, offices and other ecclesiastical benefices. This tenth
has already been imposed and agreed upon in a general congregation of this holy
synod, and this holy synod now decrees and declares that it is to be imposed,
and by this decree it imposes it. Furthermore, the said holy synod decrees,
wishes, ordains and declares that the venerable bishops John of Luebeck, Luis
of Viseu, Delfino of Parma and Louis of Lausanne, envoys of this holy synod,
have full power for bringing the Greeks to the place of the ecumenical council,
and for the majority of them then present to choose and nominate the Latin port
which is most suitable and nearest to the places chosen and nominated above,
and to which the said Greeks ought to direct themselves. The synod concedes
this power to them by this present decree in accordance with the form of the
other letters granted to them in this affair. Finally the same holy synod
wishes, ordains and decrees, for the due and desired execution of the aforesaid
points and what follows from them, and for the fuller security of the said
envoys and of the council, that, at the request of these envoys or of their
agents, any other suitable, useful and necessary letters shall be granted,
drawn up and despatched in due and correct form by the synod's chancery under
the synod's seal.
The holy general
synod of Basel, legitimately assembled in the holy Spirit, representing the
universal church, for an everlasting record. This holy synod from its outset,
in order that those things might be accomplished which general councils are
instituted to achieve with the assistance of the holy Spirit, devoted very
great care to promoting union between the western and eastern peoples so that,
as the church of God has suffered innumerable disasters from the long-standing
dissension, the greatest profit might ensue from fraternal union. Therefore it
sent envoys to Constantinople for the promotion of this holy work. They
returned with the ambassadors of the most serene emperor of the Romans and of
the venerable patriarch of Constantinople. After many meetings and mature
deliberation on this subject, certain terms were agreed between this sacred
council and those ambassadors and were confirmed by a decree in a public
session. By these terms this holy synod bound itself to send envoys with
certain sums of money, two large and two smaller galleys and three hundred
crossbowmen within a fixed time, and to nominate through these envoys one of
the places mentioned in the decree for the ecumenical council, where the
emperor and the patriarch with seven hundred persons would meet with us to
bring about this holy union.
However, since
the time-limit for accomplishing the above is imminent, this holy synod,
desirous of fulfilling its promises completely and of bringing to its desired
goal this holy endeavour which is the most salutary of all works in these
times, came to the following conclusion in its discussions and then in a
general congregation: namely, that Florence or Udine in Friuli should be put
into the council's hands, or else that there should be chosen for the
ecumenical council some other safe place which is mentioned in the decree and
is convenient for the pope and the Greeks, that is to say whichever of the
aforesaid places shall be quickest to collect and send the galleys, the sums of
money and other requisites with the necessary securities. The port would be
Venice, Ravenna or Rimini; whichever of them the emperor and the patriarch of
Constantinople prefer. Also, so that the clergy are not burdened uselessly, the
tenth shall not be decreed or exacted until the Greeks have arrived at one of
the above-mentioned ports. Also, that the sacred council should remain in this
city during the whole time covered by the decree. Also, that the legates and
presidents of the apostolic see, after they have summoned such fathers as shall
seem good to them, shall choose the envoys for accompanying the Greeks and for
carrying out the aforesaid things; these envoys ought to urge forcibly the
choice of this city of Basel. Therefore, in order that each and all of the
above may attain due effect, with the assistance of divine grace, in this
public and solemn session this holy synod wishes, decrees and declares that the
aforesaid decision is definite and valid, to be adhered to and to be
implemented. It quashes, voids and annuls, and declares to be quashed, void and
null, whatever has been or shall be done, or may be attempted, by any person or
persons contrary to the above or its consequences or whatever could in any way
impede their execution. And it wishes that the aforesaid apostolic legates and
presidents shall compose in due form and under the seal of the council suitable
letters for the execution of the above, and shall expedite whatever else may be
necessary and appropriate for this holy enterprise.
SESSION 1 8 January 1438
[Declaration of cardinal
Nicholas Albergati, president of the council]
We, Nicholas, legate of the
apostolic see, announce that we preside on behalf of our most holy lord pope
Eugenius IV in this sacred synod which was translated from Basel to the city of
Ferrara and is already legitimately assembled, and that the continuation of
this translated synod has been effected today 8 January, and that the synod is
and ought to be continued from today onwards for all the purposes for which the
synod of Basel was convened, including being the ecumenical council at which
the union of the western and the eastern church is treated and with God's help
achieved.
SESSION 2 10 January 1438
[On the legitimate continuation of the council of Ferrara, against the assembly
at Basel]
For the praise of almighty
God, the exaltation of the catholic faith and the peace, tranquillity and unity
of the whole christian people. This holy universal synod, through the grace of
God authorized by the most blessed lord pope Eugenius IV, legitimately
assembled in the holy Spirit in this city of Ferrara, represents the universal
church. Its president, on behalf and in the name of the said most holy lord
Eugenius, is the most reverend father and lord in Christ lord Nicholas,
cardinal-priest of the holy Roman church of the title of holy Cross in Jerusalem,
legate of the apostolic see. It adheres to the firm foundation of him who said
to the prince of the apostles: You are Peter, and on this rock I will build my
church. It is eager to preserve the unity of the spirit in the bond of peace,
so that we might be one body and one spirit, just as we were called in the one
hope of our calling. It records that much was done in days past both at the
former council of Basel and after its translation by some staying on there
without any authority, and also by the said most blessed pope lord Eugenius,
especially in respect of the business of the most holy union of the western and
the eastern church, namely the following: the decree of the nineteenth session
of the former council of Basel beginning As a dutiful mother, to which the most
holy lord Eugenius gave his assent by his letter; also an agreed proposal on
the choice of a place to which the council of Basel should be translated which
was agreed upon and confirmed by all the fathers in common and which led to the
decree of the twenty-fifth session of the former council, which begins This
holy synod from its outset etc. and which the pope himself, urged on by the
envoys of the Greeks, accepted and confirmed by his letter given in a general
consistory at Bologna and published in the presence of these envoys, also the
letter of the same most blessed Eugenius dated 18 September last, issued in a
general consistory at Bologna and solemnly read out at the beginning of the
continuation of this synod, by which the pope with the counsel and consent of
the most reverend cardinals of the holy Roman church and with the approval of
the prelates then in the curia, transferred the council to this city of
Ferrara; also the letter of the declaration of the same, dated 30 December, immediately
following the said translation; all of which this holy synod has ordered to be
registered verbatim in its acts as a permanent record, as is contained in these
same acts.
All these facts and many
more have been duly pondered and maturely discussed in various meetings. This
holy synod declares that the aforesaid translation and declaration were and are
legitimate, just and reasonable, and were and are made from urgent necessity so
as to remove an obstacle to the most holy union of the western and the eastern
church, to prevent a schism already threatening in God's church, and for the
manifest benefit of the whole christian commonwealth, and that therefore this
holy synod was legitimately assembled and established in the holy Spirit in
this city of Ferrara for all the purposes for which the said former council of
Basel was instituted at its beginning, and especially to be the future
ecumenical council for the aforesaid most holy union; and that it ought to
continue and to proceed to all the aforesaid matters. This holy synod therefore
praises, accepts and approves the translation and the consequent declaration,
as mentioned above. It exhorts in the Lord and requires of each and all of the
present and future members of the holy synod to apply themselves to the above
things with earnest care and serious study. By the generosity of him who has
begun in us a good work, may everything be directed and done for his glory and
the salvation of the whole christian people.
This holy synod further
declares that, since the well known necessity of the above reasons demanded and
impelled the said most holy lord Eugenius to that translation, the matter in no
way falls within the decrees of the eighth, the eleventh or any other session
of the former council of Basel.
It decrees that the
assembly at Basel, and every other assembly which may perchance convene there
or elsewhere under the name of a general council, rather is and ought to be
considered a spurious gathering and conventicle, and can in no way exist with
the authority of a general council.
It quashes, invalidates and
annuls, and declares to be invalid, quashed, null and of no force or moment,
each and all of the things done in the city of Basel in the name of a general
council after the said translation, and whatever may be attempted there or
elsewhere in the future in the name of a general council.
But if in the matter of the
Bohemians something useful has been achieved by the said people assembled at
Basel after the said translation, it intends to approve that and supply for
defects.
In order that each and all
of the members of the holy synod may be kept safe from every annoyance and may
serve God in good works without anxiety, free from all fear, harassment and
injury, this holy synod absolves, frees and dispenses, and declares to be
absolved and freed, and the oaths to be dispensed from, each and all of those
who, under whatsoever plea or cause, bound themselves to the former synod of
Basel by oaths, with obligations and commitments, whereby their full and free
right to obey this present holy synod and to promote its honour and good might
be impeded and they might have scruples of some kind.
This holy synod also
ordains and decrees that nobody of whatsoever rank or dignity, by any ordinary
or delegated jurisdiction for any cause or occasion, except by the jurisdiction
of the apostolic see, shall dare to disturb, harass or molest, in their
dignities, offices, administrations, privileges, honours, benefices and other
goods, each and all of those, both seculars and religious, including members of
mendicant orders, who are or shall be at this present synod, or who follow the
Roman curia and will soon be at this synod on account of the move of the most
holy lord Eugenius with his curia to this city, which has been announced by the
posting up of notices in accordance with the ancient custom of the curia.
But if, under any pretext,
directly or indirectly, any should presume to molest any of the said persons in
their dignities, offices, administrations, honours, privileges, benefices or
other goods, or to prevent them from freely enjoying their jurisdiction, fruits
and emoluments as they did before, or to confer on others their dignities,
offices, administrations, honours and benefices, on the plea of some deprivation,
this holy synod intends that each and all of them, even if they are cardinals,
patriarchs, archbishops, bishops or persons with some other dignity, or
chapters, colleges, convents or universities, shall incur automatically and
without the need for a previous warning sentences of excommunication,
suspension and interdict, absolution from which is reserved to the Roman
pontiff alone, except at the hour of death.
Moreover the synod decrees
that those who do not repent within three days after making these conferrals or
placing these obstacles, by fully restoring those whose dignities, offices,
administrations, honours and benefices they conferred, or whom they impeded in
other ways, as stated above, to all their churches and benefices as they held
them before, whether they held them by title, in commendam or in
administration; and also each and all of those who presume to accept collation
to the aforesaid dignities, offices, administrations, honours and benefices,
even if they were made motu proprio, or to take possession of them in person or
through others, or to hold such action as valid; all these persons are
automatically deprived by law, if they previously had any claim in them, of all
their other benefices, whether they held them by title, in commendam or in
administration, and they are rendered perpetually disqualified from them and
all other benefices, and they can be restored and habilitated only by the Roman
pontiff.
This holy synod, moreover,
warns and requires each and all of those who are obliged by law or custom to
take part in general councils, to come as soon as possible to this present
synod at Ferrara, which will continue, as noted above, for the speedy
attainment of the aforesaid purposes.
SESSION 31 15 February 1438
[Ecclesiastical penalties
against members of the Basel synod]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. The duties of the pastoral
office over which we preside by divine mercy, despite our lack of merit, demand
that we repress by opportune remedies the nefarious excesses of evil-minded
persons, especially those who, unless prevented, strive to force the peaceful
state of the church into various dangerous storms and disturbances and who
endeavour to overturn the barque of Peter, and that we inflict due retribution
for their excesses, lest boasting of their malice they give occasion to others
to commit mischief. For it is a crime to be slack in punishing crimes that harm
many people, as canonical regulations state.
Thus, the former council of
Basel debated the choice of a place for the future ecumenical council. Those on
whom the power of choosing the place devolved, passed a decree which was
accepted by the ambassadors of our most dear son in Christ John, emperor of the
Greeks, and of our venerable brother Joseph, patriarch of Constantinople. Some
persons chose Avignon or another place, but the said ambassadors protested that
most assuredly they did not want to go there, declaring as certain that the
said emperor and patriarch would by no means go to the said sacred council
unless we attended in person. Those who asked for Avignon, afraid that the
Greeks certainly would not come to them, dared to concoct a certain decree or
notorious pamphlet, which they call a monition, against us, even though it is
null and indeed leads to serious scandal and a split in the church, disrupting
this holy work of union with the Greeks.
In order to preserve the
unity of the church and to promote the said union with the Greeks, we, for
just, necessary and pressing reasons, with the advice and assent of our
venerable brothers the cardinals of the holy Roman church, and with the advice
and approval of very many of our venerable brothers the archbishops, bishops,
beloved chosen sons and abbots who were present at the apostolic see,
translated the said council of Basel, by our apostolic authority and in a fixed
manner and form, to the city of Ferrara, which is suitable for the Greeks and
for us, so that those at Basel might duly recoil from their scandalous actions,
as is contained at greater length in the letter composed for the occasion' .
But they, spurning every avenue of peace, persevering in their obstinate
purpose, scorning the letter of the said translation and everything contained
in it, and piling evil upon evil, not only rejected our reasonable translation
made for the said most just and urgent reasons, as stated above, but even dared
with renewed obstinacy to warn us to withdraw the said translation within a
fixed time and under pain of suspension. Yet this would have been nothing less
than to force us to abandon the prosecution of such a holy work so much desired
by all Christians.
When we realized this, with
grief of heart, since we saw that everything tended to the destruction of the
holy task of union and to an open split in the church, as was said above, we
declared that the translation had been made by us from necessity, that the
conditions attached to it had been regularized, and that the council at Ferrara
ought to begin and legitimately continue, as is stated more fully in another
letter of ours .
To open this council at
Ferrara we sent our beloved son Nicholas, cardinal-priest of the holy Roman
church of the title of holy Cross, legate of us and the apostolic see.
This council at Ferrara,
legitimately assembled and with many prelates, solemnly declared in a public
session that the said translation and declaration were and are legitimate, just
and reasonable, and were made from urgent necessity so as to remove an obstacle
to the said most holy union between the western and the eastern church and to
avoid an impending split in God's church for the evident benefit of the whole
christian commonwealth, as is crystal clear from the decree made about it.
Meanwhile, informed that
the aforesaid emperor, patriarch and Greeks were approaching the shores of
Italy, under God's guidance we came to this council at Ferrara with the firm
intention and purpose of effectively pursuing, with God's help, not only the
work of holy union but also the objectives for which the council of Basel had
assembled.
In view of all this, our
beloved son Julian, cardinal-priest of the title of St Sabina, legate of the
apostolic see, strongly urged the aforesaid people at Basel to withdraw from
such flagrant scandals. But because of their obstinacy of mind he was without
effect. Then, seeing them ready to precipitate still worse scandals in God's
church, he departed so as not to appear to approve their impiety. They, for
their part, paid no attention to this. Ignorant of how to direct their steps in
the way of peace and justice, although they were already aware that the Greeks
were utterly unwilling to come to them and were approaching the shores of Italy,
they persevered in their hardness of heart. Since they could in no other way
prevent and disrupt the union with the Greeks, for which they should have been
labouring with us with all their strength and mind and assisting us, they added
bad to worse and went to such a pitch of rashness and insolence that, even
though many of the envoys of kings and princes who were at Basel execrated so
wicked a deed and protested against it, they dared to declare with sacrilegious
arrogance that we were suspended from the administration of the papacy and to
proceed to various other things, albeit everything was null.
So we, conscious that their
excesses are so notorious that they cannot be hidden by any subterfuge, and
that error that is not resisted appears to be approved and throws wide open to
delinquents a door that no longer guards against their intrusions, and unable
without grave offence to our lord Jesus Christ and his holy church to tolerate
further so many grievous excesses which are seen especially to impede, disrupt
and utterly destroy the holy and most desired union with the Greeks, we decree
against the aforesaid remnant at Basel, in virtue of the most High and with the
approval of this holy council, the steps that should be taken with justice.
Hence we decree and
declare, after mature deliberation with this holy synod and with its approval,
that each and all of those meeting in Basel, in spite of the aforesaid
translation and declaration, under the pretended name of a council which more
accurately should be called a conventicle, and daring to perpetrate such
scandalous and nefarious deeds, whether they are cardinals, patriarchs
archbishops, bishops or abbots or of some other ecclesiastical or secular
dignity, have already incurred the penalties instanced in our said letter of
translation, namely excommunication, privation of dignities and
disqualification from benefices and offices in the future.
We also decree and declare
to be null and void and of no force or moment, whatever has been attempted by
them in the name of a council or otherwise since the day of the translation
made by us, or shall be attempted in the future, in respect of the aforesaid
matters or against those who follow our curia or are at this sacred council at
Ferrara.
We also command, with the
approval of this council, under the same penalties and censures and in virtue
of their oath by which they are bound to the holy apostolic see, each and all
of the cardinals, patriarchs, archbishops, bishops, elected persons, abbots and
all others of whatsoever condition, status or rank who are meeting in the said
city of Basel under the pretext of a council, really and effectively to leave
the said city within thirty days of the date of this decree. We also order the
mayor of the citizens, the councillors and the magistrates ruling the city of
Basel and the governors and other officials, whatever name they go under, to
expel the aforesaid persons who have not left the city within the said thirty
days and really and effectively to eject them.
If they fail to do this
within the said thirty days, we decree that each and all of the said rulers and
officials automatically incur sentence of excommunication, and the people and
the city automatically incur sentence of ecclesiastical interdict; we specially
reserve to ourself absolution from the sentences of excommunication, except at
the hour of death, and the lifting of the interdict. We order and command, in
virtue of holy obedience and under pain of excommunication, each and all of
those to whom this notice shall come that, if the aforesaid persons meeting in
Basel and the citizens are obstinately disobedient towards us, nobody should
approach the city of Basel after the said thirty days and they should deny them
all commerce and all articles needed for human use.
Merchants of all kinds, who
have gone to Basel on account of the former council, shall depart under the
same pain of excommunication. If there are some who ignore these orders of
ours, daring perhaps to convey goods after the time-limit to those at Basel
persisting in contumacy, since it is written that the righteous plundered the
ungodly, such persons may be despoiled without penalty by any of the faithful
and their goods shall be ceded to the first takers.
However, because the church
never closes its bosom to returning sons, if the said people meeting in Basel,
or some of them, repent and depart from the said city within the said interval
of thirty days from the date of this present decree, then with the approval of
this sacred council we remit and fully cancel the aforesaid penalties as for
obedient sons and we wish, decree and order that they and their consequences
are to be regarded as without force from the date of their imposition, and we
supply with the council's approval for all defects, if perhaps there are any in
respect of solemnity of the law or of omission. Let nobody therefore ... If
anyone however ...
SESSION 42 9 April 1438
[Eugenius IV and the fathers
of the council at Ferrara declare the council at Ferrara to be legitimate and
ecumenical]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. It befits us to render
thanks to almighty God who, mindful of his past mercies, always bestows on his
church even richer growth and, although he allows her to be tossed on occasions
by the waves of trials and tribulations, yet never permits her to be submerged
but keeps her safe amid the mountainous waters, so that by his mercy she emerges
from the various vicissitudes even stronger than before. For behold, the
western and eastern peoples, who have been separated for long, hasten to enter
into a pact of harmony and unity; and those who were justly distressed at the
long dissension that kept them apart, at last after many centuries, under the
impulse of him from whom every good gift comes, meet together in person in this
place out of desire for holy union.
We are aware that it is our
duty and the duty of the whole church to strain every nerve to ensure that
these happy initiatives make progress and have issue through our common care,
so that we may deserve to be and to be called co-operators with God.
Finally, our most dear son
John Palacologus, emperor of the Romans, together with our venerable brother
Joseph, patriarch of Constantinople, the apocrisiaries of the other patriarchal
sees and a great multitude of archbishops, ecclesiastics and nobles arrived at
their last port, Venice, on 8 February last. There, the said emperor expressly
declared, as he had often done before, that for good reasons he could not go to
Basel to celebrate the ecumenical or universal council, and he intimated this
by a letter to those assembled at Basel. He exhorted and required all of them
to go to Ferrara, which had been chosen for the council, to carry through the
pious task of this holy union.
We have always had this
holy union close to our heart and have sought with all our strength to bring it
about. Therefore we intend to carry out with care, as is our duty, the decree
of the council of Basel, to which the Greeks agreed, as well as the choice of a
place for the ecumenical council, which was made at the council of Basel and
which was later confirmed by us at Bologna at the urging of the envoys of the
said emperor and patriarch, and any other things pertaining to this work of
holy union.
Therefore we decree and
declare, in every way and form as best we can, with the assent of the said
emperor and patriarch and of all those in the present synod, that there exists
a holy universal or ecumenical synod in this city of Ferrara, which is free and
safe for all; and therefore it should be deemed and called such a synod by all,
in which this holy business of union will be conducted without any quarrelsome
contention but with all charity and, as we hope, will be brought by divine
favour to a happy conclusion together with the other holy tasks for which the
synod is known to have been instituted.
SESSION 5' 10 January 1439
[Decree translating the
council of Ferrara to Florence]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. It is fitting that the site
of an ecumenical council, in which men chosen from the whole christian world
meet together, should be such that in it, among other human necessities, there
should be the most important of all, namely healthy air. Otherwise, because of
the pest-laden contagion of infected air which all people naturally fear and
flee, those present at the council may be forced to depart with nothing
accomplished and the absent will refuse to attend. Assuredly it is right that
those who come together at synods to treat of difficult questions should be
free from every anxiety and fear, so that they may be able in greater peace and
freedom to give their attention to the matters of public concern.
We would, indeed, have
preferred that the universal council which we initiated in this city should
continue here, and that the union of the eastern and western churches should be
brought to its happy and desired conclusion in this city, where we initiated
it. When the plague afflicted this city last autumn, pressure was exerted by
some for the transferral of the synod to a non-infected locality. Nothing was
done, however, because it was hoped that the plague would cease with the advent
of winter, as it usually does.
Since in fact the plague
continues from day to day and it is feared that it will gain strength when
spring and summer come, all judge and advise that a move must be made without
delay to some non-infected place. For this and several other good reasons, with
the agreement of our dear son John Palaeologus, emperor of the Romans, and of
our venerable brother Joseph, patriarch of Constantinople, and with the
approval of the council:
In the name of the Trinity,
Father, Son and holy Spirit, with the full securities and safe-conducts which
we gave to all at the beginning of the sacred council, we transfer and declare
to be transferred as from now this ecumenical or universal synod from this city
of Ferrara to the city of Florence, which is manifestly free for all, safe,
peaceful and tranquil, and enjoying healthy air, and which, situated as it is
between the Tyrrhenian and Adriatic seas, is excellently situated for easy
access for both easterners and westerners. Let nobody therefore . .. If anyone
however . . .
SESSION 6 6 July 1439
[Definition of the holy
ecumenical synod of Florence]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. With the agreement of our
most dear son John Palaeologus, illustrious emperor of the
Romans, of the deputies of
our venerable brothers the patriarchs and of other representatives of the
eastern church, to the following.
Let the heavens be glad and
let the earth rejoice. For, the wall that divided the western and the eastern
church has been removed, peace and harmony have returned, since the
corner-stone, Christ, who made both one, has joined both sides with a very
strong bond of love and peace, uniting and holding them together in a covenant
of everlasting unity. After a long haze of grief and a dark and unlovely gloom
of long-enduring strife, the radiance of hoped-for union has illuminated all.
Let mother church also
rejoice. For she now beholds her sons hitherto in disagreement returned to
unity and peace, and she who hitherto wept at their separation now gives thanks
to God with inexpressible joy at their truly marvellous harmony. Let all the
faithful throughout the world, and those who go by the name of Christian, be
glad with mother catholic church. For behold, western and eastern fathers after
a very long period of disagreement and discord, submitting themselves to the
perils of sea and land and having endured labours of all kinds, came together
in this holy ecumenical council, joyful and eager in their desire for this most
holy union and to restore intact the ancient love. In no way have they been
frustrated in their intent. After a long and very toilsome investigation, at
last by the clemency of the holy Spirit they have achieved this greatly desired
and most holy union. Who, then, can adequately thank God for his gracious
gifts?' Who would not stand amazed at the riches of such great divine mercy?
Would not even an iron breast be softened by this immensity of heavenly
condescension?
These truly are works of
God, not devices of human frailty. Hence they are to be accepted with
extraordinary veneration and to be furthered with praises to God. To you
praise, to you glory, to you thanks, O Christ, source of mercies, who have
bestowed so much good on your spouse the catholic church and have manifested
your miracles of mercy in our generation, so that all should proclaim your
wonders. Great indeed and divine is the gift that God has bestowed on us. We
have seen with our eyes what many before greatly desired yet could not behold.
For when Latins and Greeks
came together in this holy synod, they all strove that, among other things, the
article about the procession of the holy Spirit should be discussed with the
utmost care and assiduous investigation. Texts were produced from divine
scriptures and many authorities of eastern and western holy doctors, some
saying the holy Spirit proceeds from the Father and the Son, others saying the
procession is from the Father through the Son. All were aiming at the same
meaning in different words. The Greeks asserted that when they claim that the
holy Spirit proceeds from the Father, they do not intend to exclude the Son;
but because it seemed to them that the Latins assert that the holy Spirit
proceeds from the Father and the Son as from two principles and two spirations,
they refrained from saying that the holy Spirit proceeds from the Father and
the Son. The Latins asserted that they say the holy Spirit proceeds from the
Father and the Son not with the intention of excluding the Father from being
the source and principle of all deity, that is of the Son and of the holy
Spirit, nor to imply that the Son does not receive from the Father, because the
holy Spirit proceeds from the Son, nor that they posit two principles or two
spirations; but they assert that there is only one principle and a single
spiration of the holy Spirit, as they have asserted hitherto. Since, then, one
and the same meaning resulted from all this, they unanimously agreed and
consented to the following holy and God-pleasing union, in the same sense and
with one mind.
In the name of the holy
Trinity, Father, Son and holy Spirit, we define, with the approval of this holy
universal council of Florence, that the following truth of faith shall be
believed and accepted by all Christians and thus shall all profess it: that the
holy Spirit is eternally from the Father and the Son, and has his essence and
his subsistent being from the Father together with the Son, and proceeds from
both eternally as from one principle and a single spiration. We declare that
when holy doctors and fathers say that the holy Spirit proceeds from the Father
through the Son, this bears the sense that thereby also the Son should be
signified, according to the Greeks indeed as cause, and according to the Latins
as principle of the subsistence of the holy Spirit, just like the Father.
And since the Father gave
to his only-begotten Son in begetting him everything the Father has, except to
be the Father, so the Son has eternally from the Father, by whom he was eternally
begotten, this also, namely that the holy Spirit proceeds from the Son.
We define also that the
explanation of those words "and from the Son" was licitly and
reasonably added to the creed for the sake of declaring the truth and from
imminent need.
Also, the body of Christ is
truly confected in both unleavened and leavened wheat bread, and priests should
confect the body of Christ in either, that is, each priest according to the
custom of his western or eastern church. Also, if truly penitent people die in
the love of God before they have made satisfaction for acts and omissions by
worthy fruits of repentance, their souls are cleansed after death by cleansing
pains; and the suffrages of the living faithful avail them in giving relief
from such pains, that is, sacrifices of masses, prayers, almsgiving and other
acts of devotion which have been customarily performed by some of the faithful
for others of the faithful in accordance with the church's ordinances.
Also, the souls of those
who have incurred no stain of sin whatsoever after baptism, as well as souls
who after incurring the stain of sin have been cleansed whether in their bodies
or outside their bodies, as was stated above, are straightaway received into
heaven and clearly behold the triune God as he is, yet one person more
perfectly than another according to the difference of their merits. But the
souls of those who depart this life in actual mortal sin, or in original sin
alone, go down straightaway to hell to be punished, but with unequal pains. We
also define that the holy apostolic see and the Roman pontiff holds the primacy
over the whole world and the Roman pontiff is the successor of blessed Peter
prince of the apostles, and that he is the true vicar of Christ, the head of
the whole church and the father and teacher of all Christians, and to him was
committed in blessed Peter the full power of tending, ruling and governing the
whole church, as is contained also in the acts of ecumenical councils and in
the sacred canons.
Also, renewing the order of
the other patriarchs which has been handed down in the canons, the patriarch of
Constantinople should be second after the most holy Roman pontiff, third should
be the patriarch of Alexandria, fourth the patriarch of Antioch, and fifth the
patriarch of Jerusalem, without prejudice to all their privileges and rights.
SESSION 7 4 September 1439
[Decree of the council of
Florence against the synod at Basel]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. Moses, the man of God, was
zealous for the well-being of the people entrusted to him. He feared that God's
wrath would be roused against them if they followed Korah, Dathan and Abiram in
their seditious schism. Therefore he said to the whole people, at the Lord's
command: depart from the tents of these wicked men and touch nothing of theirs,
lest you be involved in their sins. For he had perceived, under the Lord's
inspiration, that those seditious and schismatic men would incur a grievous
retribution, as was demonstrated afterwards when even the earth could not bear
with them but by God's just judgment swallowed them up, so that they fell alive
into hell.
Similarly we too to whom,
though unworthy, the lord Jesus Christ has deigned to entrust his people, as we
hear of the abominable crime that certain wicked men dwelling in Basel have
plotted in these days so as to breach the unity of holy church, and since we
fear that they may seduce some of the unwary by their deceits and inject them
with their poisons, are forced to proclaim in like words to the people of our
lord Jesus Christ entrusted to us, depart from the tents of these wicked men,
particularly since the christian people is far more numerous than the Jewish
people of those days, the church is holier than the synagogue, and the vicar of
Christ is superior in authority and status even to Moses.
This impiety of those at
Basel we began to foresee long ago, when we observed the council of Basel
already lapsing into tyranny; when many, including those of lower status, were
forced to go to it and to stay at the whim of that faction of agitators; when
the votes and decisions of some of them were being extorted by various tricks
and others were being suborned by lies and deceits, as they abandoned almost
everything to conspiracies, cabals, monopolies and cliques, and from a
long-standing rivalry with the papacy sought to prolong the duration of the
council; when, finally, innumerable novelties, irregularities, deformities and
ills were perpetrated, to which there concurred even clerics in lower orders,
the ignorant and inexperienced, vagabonds, quarrellers, fugitives, apostates,
condemned criminals, escapees from prison, those in rebellion against us and
their own superiors, and other such human monsters, who brought with them every
stain of corruption from those teachers of evil-doing.
We directed our attention
also to that most holy work of union with the eastern church, which seemed to
us to be greatly endangered by the deceit of certain factious persons, and we
wished to provide as best we could for so many evils. For these and other just
and necessary reasons which are stated in full in the decree of translation,
with the advice of our venerable brothers the cardinals of the holy Roman
church, and with the approval of very many venerable
brothers and sons,
archbishops, bishops, elected persons, abbots and other prelates of churches,
masters and doctors, we transferred the aforesaid council of Basel to this city
of Ferrara, where we established with the Lord's help an ecumenical council of
the western and the eastern church.
Afterwards, when the plague
came and continued unabated, under the inspiration of grace and with the
approval of the same holy council, we transferred the council to this city of
Florence. Here the most gracious and merciful God showed his wonders. For, the
most disastrous schism, which had endured in God's church for almost five
hundred years to the immense harm of the whole of Christianity, and for the
elimination of which very many of our predecessors as Roman pontiffs and many
kings and princes and other Christians in past times had laboured very hard, at
last, after public and private discussions in both places and many other
labours, was removed and the most holy union of the Greeks and the Latins was
happily achieved, as is described more fully in the decree about this which was
drawn up and solemnly promulgated.
Returning fervent thanks
for this to the eternal God and sharing our joy with all the faithful, we
offered to God a sacrifice of jubilation and praise. For we saw that not just
one nation like the Hebrew people was being summoned to the promised land, but
peoples of many races, nations and tongues were hastening to the one utterance
and merit of the divine truth. Through this, great hope is forthcoming that the
sun of justice, rising in the east, will spread the beams of its light to
pierce the darkness of many other races, even of infidels, and the salvation of
the Lord may reach to the ends of the earth.
Already indeed, by God's
providence, we have excellent pledges of this. For almighty God has granted
that, by our means, representatives of the Armenians with full powers have
recently come from most distant northern parts to us and the apostolic see and
to this holy council. They regard and venerate us as no other than blessed
Peter, prince of the apostles, they recognize the holy see as mother and
mistress of all the faithful, and they profess that they have come to the holy
see and to the aforesaid council for spiritual food and the truth of sound
doctrine. For this too we have given many thanks to our God.
But the mind recoils from
recording what troubles, attacks and persecutions we have suffered in the
course of this divine undertaking until now, not indeed from Turks or Saracens
but from those who call themselves Christians. Blessed Jerome reports that from
the time of Hadrian until the reign of Constantine there was set up and
worshipped by the pagans at the place of the Lord's resurrection an image of
Jupiter and on the rock of the crucifixion a marble statue of Venus, since the
authors of persecution thought that they could take away from us our faith in
the resurrection and the cross if they polluted the holy places with their
idols.
Much the same has happened
in these days against us and the church of God, at the hands of those desperate
men at Basel, except that what was then done by pagans ignorant of the true God
is now the work of men who have known him and hated him Their pride, then,
according to the prophet, is ever rising, all the more dangerously in that it
is under the cloak of reform, which in truth they have always abhorred, that
they spread their poisons.
In the first place, those
who were the authors of all the scandals in Basel have failed in their promises
to the Greeks. For they knew from the envoys of the Greeks and the eastern
church that our most dear son in Christ John Palaeologus, illustrious emperor
of the Romans, and Joseph, patriarch of Constantinople of happy memory, and the
other prelates and persons of the eastern church wished to proceed to the place
which had been legally chosen for the ecumenical council by our legates and
presidents and other notable persons present there, whose right it was to
choose the site in accordance with the agreement which had been approved by the
common consent of the council after serious disagreements among its members.
Whereupon we, for our part, confirmed the choice of place in a general
consistory at Bologna and we sent to Constantinople, at great labour and
expense, the galleys and other things necessary for this holy work of union.
When they learnt of this,
they dared to decree against us and the aforesaid cardinals a detestable
admonition or citation, so as to block the holy work, [and to send it to the
aforesaid emperor and patriarch of Constantinople, so that they and all others]
might be deterred from coming. Yet they knew full well that there was no chance
of them going to any place other than the one which had been chosen for the
site, as stated above.
Then, when they realized
that the aforesaid emperor and patriarch and others were already on their way
to us for this work of holy union, they tried to lay another wicked snare to
catch this divine project. That is, they produced against us a sacrilegious
sentence of suspension from the administration of the papacy. Finally, those
leaders of scandal, very few in number, most of them of the lowest rank and
reputation, in their intense hatred of true peace, piling iniquity on top of
iniquity lest they should enter into the justice of the Lord, when they saw
that the grace of the holy Spirit was working in us towards union with the
Greeks, swerving away from the straight line into paths of error, held a
so-called session on 16 May last asserting that they were obeying certain
decrees, although these were passed at Constance by only one of the three
obediences after the flight of John XXIII, as he was called in that one
obedience, at a time of schism.
Alleging obedience to those
decrees, they proclaimed three propositions which they term truths of the
faith, seemingly to make heretics of us and all princes and prelates and other
faithful and devout adherents of the apostolic see. The propositions are the
following.
"The truth about the
authority of a general council, representing the universal church, over a pope
and anyone else whatsoever, declared by the general councils of Constance and
this one of Basel, is a truth of the catholic faith. The truth that a pope
cannot by any authority, without its consent, dissolve a general council
representing the universal church, legitimately assembled for the reasons given
in the above-mentioned truth or for any of them, or prorogue it to another time
or transfer it from place to place, is a truth of the catholic faith. Anyone
who persists in opposing the aforesaid truths is to be considered a heretic."
In this, those utterly
pernicious men, masking their malice with the rosy colour of a truth of the
faith, gave to the council of Constance an evil and mischievous meaning
completely opposed to its true teaching, imitating in this the teaching of
other schismatics and heretics who always amass for their support fabricated
errors and impious dogmas drawn from their perverse interpretation of the
divine scriptures and the holy fathers.
Finally, completely
perverting their mind and turning away their eyes from looking to heaven or
remembering righteous judgments, after the manner of Dioscorus and the infamous
synod of Ephesus, they proceeded to a declaratory sentence of deprivation, as
they claimed, from the dignity and office of the supreme apostolate, a poisonous
and execrable pronouncement involving an unforgivable crime. Here we will take
the tenor of that sentence, abhorrent to every pious mind, as sufficiently
expressed. They omitted nothing, as far as was in their power, that might
overthrow this incomparable good of union.
O miserable and degenerate
sons! O wicked and adulterous generation! What could be more cruel than this
impiety and iniquity? Can anything more detestable, more dreadful and more mad
be imagined? Earlier on they were the ones who said that nothing better,
nothing more glorious and fruitful had ever been seen or heard of in the
christian people, from the very birth of the church, than this most holy union,
and that to further it there should be no contention about the place, but
rather to achieve it the wealth of this world as well as body and soul should
be hazarded, proclaiming this aloud to the whole world and urging the christian
people to it, as their decrees and letters fully state. But now they persecute
exactly this as furiously and as impiously as they can, so that the devils of
the entire world seem to have flocked together to that conventicle of brigands
at Basel.
So far almighty God has not
allowed their iniquity and its lying inconsistencies to prevail. But seeing
that they are striving with all their strength to bring it to success, even to
the point of setting up the abomination of desolation in God's church, we can
in no way pretend to ignore these things without most serious offence to God
and imminent danger of confusion and abomination in God's church. In keeping
with our pastoral office, at the urging of many who are fired with zeal for
God, we wish to put a stop to such evils and, as far as we can, to take
appropriate and salutary measures to eliminate from God's church this execrable
impiety and most destructive pestilence.
Following in the steps of
our predecessors who, as Pope Nicholas of holy memory writes, were accustomed
to annul councils which had been conducted improperly, even those of universal
pontiffs, as occurred at the second universal synod at Ephesus, inasmuch as the
blessed pope Leo summoned it but later established the council of Chalcedon.
We renew by our apostolic
authority, with the approval of this holy council of Florence, the solemn and
salutary decree against those sacrilegious men, which was issued by us in the
sacred general council of Ferrara on 15 February. By that decree we declared
among other things, with the approval of the said sacred council of Ferrara,
that each and every person at Basel who, in the name of a pretended council
which we called more accurately a conventicle, dared to perpetrate those
scandalous and wicked deeds in contravention of our translation and
declaration, whether they are cardinals, patriarchs, archbishops, bishops,
abbots or of some other ecclesiastical or secular dignity, has incurred the
penalties of excommunication, privation of dignities, benefices and offices and
disqualification for the future, which are instanced in our letter of
translation.
Now we decree and declare
again that all the things done or attempted by those impious men presently in
Basel, which were mentioned in our said decree of Ferrara, and each and all of
the things done, performed or attempted by the same men since then, especially
in the two so-called sessions or rather conspiracies which have just been
mentioned, and whatever may have followed from these things or from any of
them, or may follow in the future, as coming from impious men who have no
authority and have been rejected and reprobated by God, were and are null,
quashed, invalid, presumptuous and of no effect, force or moment.
With the approval of the
sacred council we condemn and reject, and we proclaim as condemned and
rejected, those propositions quoted above as understood in the perverse sense
of the men at Basel, which they demonstrate by their deeds, as contrary to the
sound sense of sacred scripture, the holy fathers and the council of Constance
itself; and likewise the aforesaid so-called sentence of declaration or
deprivation, with all its present and future consequences, as impious and
scandalous and tending to open schism in God's church and to the confusion of
all ecclesiastical order and christian government. Also, we decree and declare
that all of the aforesaid persons have been and are schismatics and heretics,
And that as such they are assuredly to be punished with suitable penalties over
and above the penalties imposed at the aforesaid council of Ferrara, together
with all their supporters and abettors, of whatever ecclesiastical or secular
status, condition or rank they may be, even cardinals, patriarchs, archbishops,
bishops or abbots or those of any other dignity, so that they may receive their
deserts with the aforesaid Korah, Dathan and Abiram Let nobody therefore ... If
anyone however ...
SESSION 8 22 November 1439
[Bull of union with the Armenians]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. All people everywhere who go
by the name of Christian: Exult in God our helper, rejoice in the God of Jacob.
Behold the Lord once again, mindful of his mercy had deigned to remove from his
church another stumbling block which has endured for more than nine centuries.
He who makes peace in the heavens and is peace on earth for people of good
will, has granted in his inexpressible mercy that most desired union with the
Armenians. Blessed be the God and Father of our lord Jesus Christ, the father
of mercies and God of all comfort, who comforts us in all our tribulation. For
the most merciful Lord, seeing his church buffeted about by strong whirlwinds,
some times at the hands of those who are outside, at other times at the hands
of those within, deigns in many ways every day to console and strengthen her so
that she may be able to breathe freely in the midst of her troubles and to rise
more robust to resist.
Some time ago God
established that great union with the Greeks, who include many races and
tongues spread far and wide. Today God has confirmed in the same bond of faith
and charity with the apostolic see this union with the Armenians, who are a
very numerous people spread over the north and east. These indeed are such
great and wondrous benefactions of divine providence that the human mind cannot
render worthy thanks for either of them, still less for both together. Who
would not be overwhelmed with admiration at the achievement in this council,
within so short a time, of two such brilliant feats which have been longed for
over centuries ? Truly this is the Lord's doing and it is wonderful in our
eyes. For how could human prudence or diligence have brought to completion such
great exploits as these are, unless the favour of God had given them their
beginning and end? Let us, then, together and with all our hearts bless the
Lord who alone does great wonders, let us sing with the spirit, let us sing
with our minds and our mouths and let us give thanks in deeds, as far as human
weakness allows, for such great gifts. Let us pray and beseech that, as the
Greeks and the Armenians have been made one with the Roman church, so also may
other nations be, especially those signed with the seal of Christ, and that
finally the whole christian people, after all hatreds and wars have been
extinguished, may rest and rejoice together in mutual peace and brotherly love.
Rightly we hold that the Armenians deserve great praise. As soon as they were
invited by us to this synod, in their eagerness for ecclesiastical unity, at
the cost of many labours and much toil and perils at sea, they sent to us and
this council from very distant parts, their notable, dedicated and learned
envoys with sufficient powers to accept, namely whatever the holy Spirit should
inspire this holy synod to achieve.
We, for our part, with all
our attention as befits our pastoral office and desiring to bring this holy
work to a successful conclusion, frequently conversed with their envoys about
this holy union. To avoid even the slightest delay in this holy project, we
nominated from every rank of this sacred council experts in divine and human
law to treat of the matter with the envoys with all care, study and diligence,
closely inquiring of them about their faith in respect of the unity of the
divine essence and the Trinity of divine persons, also about the humanity of
our lord Jesus Christ, the seven sacraments of the church and other points
concerning the orthodox faith and the rites of the universal church.
So, after many debates,
conferences and disputations, after a thorough examination of the written
authorities which were produced from fathers and doctors of the church, and
after discussion of the questions at issue, at length, so that in future there
could be no doubt about the truth of the faith of the Armenians and that they
should think in every way like the apostolic see and that the union should be
stable and lasting with no cause for hesitation whatsoever we judged it
advantageous, with the approval of this sacred council of Florence and the
agreement of the said envoys, to give in this decree a summary of the truth of
the orthodox faith that the Roman church professes about the above.
In the first place, then,
we give them the holy creed issued by the hundred and fifty bishops in the
ecumenical council of Constantinople, with the added phrase and the Son, which
for the sake of declaring the truth and from urgent necessity was licitly and
reasonably added to that creed, which runs as follows: I believe . . . I We
decree that this holy creed should be sung or read within the mass at least on
Sundays and greater feasts, as is the Latin custom, in all Armenian churches.
In the second place, we
give them the definition of the fourth council of Chalcedon about two natures
in the one person of Christ, which was later renewed in the fifth and sixth
universal councils. It runs as follows: This wise and saving creed ... Thirdly,
the definition about the two wills and two principles of action of Christ
promulgated in the above-mentioned sixth council, the tenor of which is This
pious and orthodox creed, and the rest which follows in the above-mentioned
definition of the council of Chalcedon until the end, after which it continues
thus: And we proclaim
Fourth, apart from the
three synods of Nicaea, Constantinople and the first of Ephesus, the Armenians
have accepted no other later universal synods nor the most blessed Leo, bishop
of this holy see, by whose authority the council of Chalcedon met. For they
claim that it was proposed to them that both the synod of Chalcedon and the
said Leo had made the definition in accordance with the condemned heresy of
Nestorius. So we instructed them and declared that such a suggestion was false
and that the synod of Chalcedon and blessed Leo holily and rightly defined the
truth of two natures in the one person of Christ, described above, against the
impious tenets of Nestorius and Eutyches. We commanded that for the future they
should hold and venerate the most blessed Leo, who was a veritable pillar of
the faith and replete with all sanctity and doctrine, as a saint deservedly
inscribed in the calendar of the saints; and that they should reverence and
respect, like the rest of the faithful, not only the three above-mentioned
synods but also all other universal synods legitimately celebrated by the
authority of the Roman pontiff.
Fifthly, for the easier
instruction of the Armenians of today and in the future we reduce the truth
about the sacraments of the church to the following brief scheme. There are
seven sacraments of the new Law, namely baptism, confirmation, eucharist,
penance, extreme unction, orders and matrimony, which differ greatly from the
sacraments of the old Law. The latter were not causes of grace, but only
prefigured the grace to be given through the passion of Christ; whereas the
former, ours, both contain grace and bestow it on those who worthily receive
them. The first five of these are directed to the spiritual perfection of each
person in himself, the last two to the regulation and increase of the whole
church.
For, by baptism we are
reborn spiritually; by confirmation we grow in grace and are strengthened in
faith. Once reborn and strengthened, we are nourished by the food of the divine
eucharist. But if through sin we incur an illness of the soul, we are cured
spiritually by penance. Spiritually also and bodily as suits the soul, by
extreme unction. By orders the church is governed and spiritually multiplied;
by matrimony it grows bodily.
All these sacraments are made
up of three elements: namely, things as the matter, words as the form, and the
person of the minister who confers the sacrament with the intention of doing
what the church does. If any of these is lacking, the sacrament is not
effected.
Three of the sacraments,
namely baptism, confirmation and orders, imprint indelibly on the soul a
character, that is a kind of stamp which distinguishes it from the rest. Hence
they are not repeated in the same person. The other four, however, do not
imprint a character and can be repeated.
Holy baptism holds the
first place among all the sacraments, for it is the gate of the spiritual life;
through it we become members of Christ and of the body of the church. Since
death came into the world through one person, unless we are born again of water
and the spirit, we cannot, as Truth says, enter the kingdom of heaven. The
matter of this sacrament is true and natural water, either hot or cold. The
form is: I baptize you in the name of the Father and of the Son and of the holy
Spirit. But we do not deny that true baptism is conferred by the following
words: May this servant of Christ be baptized in the name of the Father and of
the Son and of the holy Spirit; or, This person is baptized by my hands in the
name of the Father and of the Son and of the holy Spirit. Since the holy
Trinity is the principle cause from which baptism has its power and the
minister is the instrumental cause who exteriorly bestows the sacrament, the
sacrament is conferred if the action is performed by the minister with the
invocation of the holy Trinity. The minister of this sacrament is a priest, who
is empowered to baptize in virtue of his office. But in case of necessity not
only a priest or a deacon, but even a lay man or a woman, even a pagan and a heretic,
can baptize provided he or she uses the form of the church and intends to do
what the church does. The effect of this sacrament is the remission of all
original and actual guilt, also of all penalty that is owed for that guilt.
Hence no satisfaction for past sins is to be imposed on the baptized, but those
who die before they incur any guilt go straight to the kingdom of heaven and
the vision of God.
The second sacrament is
confirmation. Its matter is chrism made from oil and balsam blessed by a
bishop, the oil symbolizing the gleaming brightness of conscience and balsam
symbolizing the odour of a good reputation. The form is: I sign you with the
sign of the cross and I confirm you with the chrism of salvation in the name of
the Father and of the Son and of the holy Spirit. The ordinary minister is a
bishop. Whereas a simple priest can use other unctions, only a bishop ought to
confer this one, because it is said only of the apostles, whose place is held
by bishops, that they gave the holy Spirit by the imposition of hands, as this
text from the Acts of the Apostles shows: Now when the apostles at Jerusalem
heard that Samaria had received the word of God, they sent to them Peter and
John, who came down and prayed for them that they might receive the holy
Spirit; for it had not yet come down upon any of them, but they had only been
baptized in the name of the lord Jesus. Then they laid their hands on them and
they received the holy Spirit'. In place of this imposition of hands
confirmation is given in the church. We read that sometimes for a reasonable
and really urgent cause, by dispensation of the apostolic see, a simple priest
has conferred this sacrament of confirmation with chrism prepared by a bishop.
The effect of this sacrament is that a Christian should boldly confess the name
of Christ, since the holy Spirit is given in this sacrament for strengthening
just as he was given to the apostles on the day of Pentecost. Therefore the
candidate is enjoined on the forehead, which is the seat of shame, not to
shrink from confessing the name of Christ and especially his cross, which is a
stumbling block for Jews and a folly for gentiles, according to the Apostle,
and for this reason he is signed with the sign of the cross. The third is the
sacrament of the eucharist. Its matter is wheat bread and wine from the vine,
to which a very little water is added before the consecration. Water is added
thus because it is believed, in accordance with the testimony of holy fathers
and doctors of the church manifested long ago in disputation, that the Lord
himself instituted this sacrament in wine mixed with water, and because it
befits the representation of the Lord's passion. For the blessed pope
Alexander, fifth after blessed Peter, says: "In the oblations of the
sacraments which are offered to the Lord within the solemnities of masses, only
bread and wine mixed with water are to be offered in sacrifice. There should
not be offered in the chalice of the Lord either wine only or water only but
both mixed together, because both blood and water are said to have flowed from
Christ's side'; also because it is fitting to signify the effect of this
sacrament, which is the union of the christian people with Christ. For, water
signifies the people according to those words of the Apocalypse: many waters,
many peoples. And Pope Julius, second after blessed Silvester, said: The
chalice of the Lord, by a precept of the canons, should be offered mixed of
wine and water, because we see that the people is understood in the water and
the blood of Christ is manifested in the wine; hence when wine and water are
mingled in the chalice, the people are made one with Christ and the mass of the
faithful are linked and joined together with him in whom they believe. Since,
therefore, both the holy Roman church taught by the most blessed apostles Peter
and Paul and the other churches of Latins and Greeks, in which the lights of
all sanctity and doctrine have shone brightly, have behaved in this way from
the very beginning of the growing church and still do so, it seems very
unfitting that any other region should differ from this universal and
reasonable observance. We decree, therefore, that the Armenians should conform
themselves with the whole christian world and that their priests shall mix a
little water with the wine in the oblation of the chalice, as has been said.
The form of this sacrament are the words of the Saviour with which he effected
this sacrament. A priest speaking in the person of Christ effects this
sacrament. For, in virtue of those words, the substance of bread is changed
into the body of Christ and the substance of wine into his blood. In such wise,
however, that the whole Christ is contained both under the form of bread and
under the form of wine, under any part of the consecrated host as well as after
division of the consecrated wine, there is the whole Christ. The effect of this
sacrament, which is produced in the soul of one who receives it worthily, is
the union of him or her with Christ. Since by grace a person is incorporated in
Christ and is united with his members, the consequence is that grace is
increased by this sacrament in those who receive it worthily, and that every effect
that material food and drink produce for corporal life -- sustaining,
increasing, repairing and delighting -- this sacrament works for spiritual
life. For in it, as Pope Urban said, we recall the gracious memory of our
Saviour, we are withdrawn from evil, we are strengthened in good and we receive
an increase of virtues and graces.
The fourth sacrament is
penance. Its matter is the acts of the penitent, which are threefold. The first
is contrition of heart, which includes sorrow for sin committed, with the
resolve not to sin again. The second is oral confession, which implies integral
confession to the priest of all sins that are remembered. The third is
satisfaction for sins in accordance with the judgment of the priest which is
ordinarily done by prayer, fasting and almsgiving. The form of this sacrament
are the words of absolution which the priest pronounces when he says: I absolve
you. The minister of this sacrament is a priest with authority to absolve,
which is either ordinary or by commission of a superior.
The fifth sacrament is
extreme unction. Its matter is olive oil blessed by a priest. This sacrament
should not be given to the sick unless death is expected. The person is to be
anointed on the following places: on the eyes for sight, on the ears for
hearing, on the nostrils for smell, on the mouth for taste or speech, on the
hands for touch, on the feet for walking, on the loins for the pleasure that
abides there. The form of this sacrament is: Through this anointing and his
most pious mercy may the Lord pardon you whatever you have done wrong by sight,
and similarly for the other members. The minister of the sacrament is a priest.
Its effect is to cure the mind and, in so far as it helps the soul, also the
body. Blessed James the apostle said of this sacrament: Any one of you who is
sick should send for the elders of the church, and they shall pray over him and
anoint him with oil in the name of the Lord. The prayer of faith will save the
sick person and the Lord will raise him up again: and if he is in sins, they
will be forgiven him.
The sixth is the sacrament
of orders. Its matter is the object by whose handing over the order is
conferred. So the priesthood is bestowed by the handing over of a chalice with
wine and a paten with bread; the diaconate by the giving of the book of the
gospels; the subdiaconate by the handing over of an empty chalice with an empty
paten on it; and similarly for the other orders by allotting things connected
with their ministry. The form for a priest is: Receive the power of offering
sacrifice in the church for the living and the dead, in the name of the Father
and of the Son and of the holy Spirit. The forms for the other orders are
contained in full in the Roman pontifical. The ordinary minister of this
sacrament is a bishop. The effect is an increase of grace to make the person a
suitable minister of Christ.
The seventh is the
sacrament of matrimony, which is a sign of the union of Christ and the church
according to the words of the apostle: This sacrament is a great one, but I
speak in Christ and in the church. The efficient cause of matrimony is usually
mutual consent expressed in words about the present. A threefold good is
attributed to matrimony. The first is the procreation and bringing up of
children for the worship of God. The second is the mutual faithfulness of the
spouses towards each other. The third is the indissolubility of marriage, since
it signifies the indivisible union of Christ and the church. Although
separation of bed is lawful on account of fornication, it is not lawful to
contract another marriage, since the bond of a legitimately contracted marriage
is perpetual.
Sixthly, we offer to the
envoys that compendious rule of the faith composed by most blessed Athanasius,
which is as follows:
Whoever wills to be saved,
before all things it is necessary that he holds the catholic faith. Unless a
person keeps this faith whole and undefiled, without doubt he shall perish
eternally. The catholic faith is this, that we worship one God in the Trinity,
and the Trinity in unity, neither confounding the persons nor dividing the
substance. For there is one person of the Father, another of the Son, and
another of the holy Spirit. But the Godhead of the Father, of the Son and of
the holy Spirit is one, the glory equal, and the majesty co-eternal. Such as
the Father is, such is the Son, and such is the holy Spirit. The Father
uncreated the Son uncreated and the holy Spirit uncreated. The Father infinite,
the Son infinite and the holy Spirit infinite. The Father eternal, the Son
eternal and the holy Spirit eternal. Yet they are not three eternals, but one
eternal. As also they are not three uncreateds nor three infinites, but one
uncreated and one infinite. Likewise the Father is almighty, the Son is
almighty and the holy Spirit is almighty. Yet they are not three almighties,
but one almighty. Likewise the Father is God, the Son is God and the holy
Spirit is God. Yet they are not three gods, but one God. Likewise the Father is
Lord, the Son is Lord and the holy Spirit is Lord. Yet they are not three
lords, but one Lord. For just as we are compelled by the christian truth to
acknowledge each person by himself to be God and Lord, so we are forbidden by
the catholic religion to say there are three gods or three lords. The Father is
made by none, neither created nor begotten. The Son is from the Father alone;
not made nor created, but begotten. The holy Spirit is from the Father and the
Son; not made nor created nor begotten, but proceeding. So there is one Father,
not three fathers; one Son, not three sons; one holy Spirit, not three holy
spirits. And in this Trinity nothing is before or after, nothing is greater or
less; but the whole three persons are co-eternal together and co-equal. So that
in all things, as has been said above, the unity in Trinity and the Trinity in
unity is to be worshipped. Whoever, therefore, wishes to be saved, let him
think thus of the Trinity.
It is also necessary for
salvation to believe faithfully the incarnation of our lord Jesus Christ. The
right faith, therefore, is that we believe and confess that our lord Jesus
Christ, Son of God, is God and man. God, of the substance of the Father,
begotten before the ages; and man, of the substance of his mother, born in the
world. Perfect God, perfect man, subsisting of a rational soul and human flesh.
Equal to the Father according to his Godhead, less than the Father according to
his humanity. Although he is God and man, he is not two, but one Christ. One,
however, not by conversion of the Godhead into flesh, but by the taking of
humanity into God. One altogether, not by confusion of substance, but by unity
of person. For as a reasoning soul and flesh is one man, so God and man is one
Christ. He suffered for our salvation and descended into hell. On the third day
he rose from the dead. He ascended into heaven and sits at the right hand of
God the Father almighty. Thence he shall come to judge the living and the dead.
At his coming all shall rise again with their bodies, and shall give an account
of their own deeds. Those who have done good shall go into eternal life, but
those who have done evil shall go into eternal fire.
This is the catholic faith.
Unless a person believes it faithfully and firmly, he cannot be saved.
Seventhly, the decree of
union concluded with the Greeks, which was promulgated earlier in this sacred
ecumenical council of Florence and which is as follows: Let the heavens be glad
. . . '
Eighthly, there was
discussion with the Armenians about, among other things, the days on which the
following feasts should be kept: the annunciation of the blessed virgin Mary,
the birth of blessed John the Baptist and, in consequence, the birth and the
circumcision of our lord Jesus Christ and his presentation in the temple (or
the purification of the blessed virgin Mary). The truth was made quite clear by
the testimonies of fathers and by the custom of the Roman church and all other
churches among Latins and Greeks. Therefore, lest the rites of Christians be at
variance in such great celebrations, whence a threat to charity could arise, we
decree that, as something consonant with truth and reason, the Armenians too
should solemnly celebrate, according to the observance of the rest of the
world, the following feasts on the following days: the annunciation of the
blessed virgin Mary on 25 March, the birth of blessed John the Baptist on 24
June, the birth of our Saviour on 25 December, his circumcision on 1 January,
the epiphany on 6 January, and the presentation of our Lord in the temple (or
the purification of the mother of God) on 2 February.
After all these matters had
been explained, the aforesaid Armenians, in their own name and in the name of
their patriarch and of all Armenians, with all devotion and obedience accept,
admit and embrace this salutary synodal decree with all its chapters,
declarations, definitions, traditions, precepts and statutes and all the
doctrine contained in it, and also whatever the holy apostolic see and the
Roman church holds and teaches. They also accept with reverence all those
doctors and holy fathers approved by the Roman church. Indeed, they hold as
reprobated and condemned whatever persons and things the Roman church
reprobates and condemns. They promise that as true sons of obedience, in the
name as above, they will faithfully obey the ordinances and commands of the
apostolic see.
When the aforesaid decree
had been solemnly read out in our and the holy synod's presence, straightaway
our beloved son Narses, an Armenian, in the name of the said envoys, publicly
recited the following in Armenian and thereupon our beloved son Basil of the
order of friars Minor, the interpreter between us and the Armenians, publicly
read it out in Latin as follows.
Most blessed father and
most holy synod. Recently the whole of this holy decree, which has now been
read out in Latin in your presence, was clearly explained and interpreted to us
word by word in our language. It was and is completely acceptable to us. To
disclose our understanding more fully, however, we repeat its contents in summary.
The following is contained
in it. First, you give to our people of the Armenians the holy creed of
Constantinople, with the added phrase and the Son, to be sung or read within
the mass in our churches at least on Sundays and greater feasts. Secondly, the
definition of the fourth universal council of Chalcedon about two natures in
the one person of Christ. Thirdly, the definition about the two wills and
principles of action of Christ which was promulgated in the sixth universal
council.
Fourthly, you declare that
the synod of Chalcedon and most blessed pope Leo rightly defined the truth
about two natures in the one person of Christ against the impious doctrines of
Nestorius and Eutyches. You order that we should venerate most blessed Leo as
holy and a pillar of the faith and that we should reverently accept not only
the synods of Nicaea, Constantinople and the first of Ephesus, but also all
other synods legitimately celebrated . . authority of the Roman pontiff.
Fifthly, a short scheme of
the seven sacraments of the church, namely baptism, confirmation, eucharist,
penance, extreme unction, orders and matrimony indicating the matter, the form
and the minister of each; and that while the chalice is being offered in the
sacrifice of the altar a little water should be mixed with the wine.
Sixthly, a compendious rule
of the faith of most blessed Athanasius, which begins: Whoever wills to be
saved etc.
Seventhly, the decree of
union concluded with the Greeks, which was promulgated earlier in this sacred
council, recording how the holy Spirit proceeds eternally from the Father and the
Son, and that the phrase and the Son was licitly and reasonably added to the
creed of Constantinople. Also that the body of the Lord is effected in leavened
or unleavened wheat bread; and what is to be believed about the pains of
purgatory and hell, about the life of the blessed and about suffrages offered
for the dead. In addition, about the plenitude of power of the apostolic see
given by Christ to blessed Peter and his successors, . . . . . about the order
of the patriarchal sees.
Eighthly, you decree that
the following feasts should be kept on the following days, in accordance with
the custom of the universal church: the annunciation of the blessed virgin Mary
on 25 March, the birth of blessed John the Baptist on 24 June, the birth of our
Saviour on 25 December, his circumcision on I January, the epiphany on 6
January, and the presentation of the Lord in the temple (or the purification of
blessed Mary) on 2 February.
Therefore we envoys, in our
own name and in the name of our reverend patriarch and of all Armenians, with
all devotion and obedience accept, admit and embrace, just as your holiness
affirms in the decree, this most salutary synodal decree with all its chapters,
declarations, definitions, traditions, precepts and statutes and all the doctrine
contained in it, and also whatever the holy apostolic see and the Roman church
holds and teaches. We accept with reverence all those doctors and holy fathers
approved by the Roman church. Indeed we hold as reprobated and condemned
whatever persons and things the Roman church reprobates and condemns. We
promise that as true sons of obedience, in the name of the above, we will
faithfully obey the ordinances and commands of this apostolic see.
SESSION 9 23 March 1440
[Monition of the council of
Florence against the antipope Felix V]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. Many examples of holy
fathers of the old and the new Testament warn us that we should not pass over
in silence or leave completely unpunished specially grave crimes which lead to
the scandal and public division of the people entrusted to us. For if we delay
to pursue and avenge what is grievously offensive to God, we thereby provoke
the divine patience to wrath. For, there are sins for which it is a sin to be
slack about their retribution. It is indeed right and eminently reasonable, in
the opinion of holy fathers, that those who despise divine commands and disobey
paternal enactments should be corrected with really severe penalties, so that
others may fear to commit the same faults and that all may rejoice in fraternal
harmony and take note of the example of severity and probity. For if -- though
may it never be -- we are negligent about ecclesiastical vigilance and
activity, idleness ruins discipline and the souls of the faithful will suffer
great harm. Therefore, rotting flesh should be cut away and mangy sheep driven
out
He cannot have God as his
father If he does not hold the unity of the church i he who does not agree with
the body of the church and the whole brotherhood, cannot agree with anyone.
Since Christ suffered for the church and since the church is the body of
Christ, without doubt the person who divides the church is convicted of
lacerating the body of Christ. Hence the avenging will of the Lord went forth
against schismatics like Korah, Dathan and Abiram, who were swallowed up
together by an opening in the ground for instigating schism against Moses, the
man of God, and others were consumed by fire from heaven; idolatry indeed was
punished by the sword; and the burning of the book was requited by the
slaughter of war and imprisonment in exile.
Finally, how indivisible is
the sacrament of unity! How bereft of hope, and how punished by God's
indignation with the direst loss, are those who produce schism and, abandoning
the true spouse of the church, set up a pseudo-bishop! Divine scripture
declares this in the book of Kings, which says that when ten tribes had
separated themselves from the tribe of Judah and Benjamin and abandoned their king,
setting up for themselves another king: the Lord was indignant with all the
descendants of Israel and gave them over to destruction till he cast them away
from his face. It says that the Lord was indignant and gave over to destruction
those who split off from unity and set up for themselves another king. Indeed,
so great was the wrath of God against those who had brought about a schism that
even when the man of God had been sent to Jeroboam to reprove his sins and to
predict a future vengeance, the man of God was forbidden to eat bread with them
or to drink water and when he did not obey this order of the Lord and dined,
straightaway the divine retribution struck him and he was killed by a lion on
his return journey. Hence, as blessed Jerome declares, nobody should doubt that
the crime of schism is very wicked since it is avenged so severely.
In days gone by, in the
holy general council of Constance, that chronic and disastrous schism, which
had cruelly and daily afflicted God's church and the christian religion with
great loss of souls, not only of individual persons but also in entire cities
and provinces, was at last settled by the ineffable mercy of God and the
unbounded labours and hardships of many kings and princes, both ecclesiastical
and secular, many universities and others of Christ's faithful, and at great
expense. With the election of lord Martin of happy memory and, after his death,
the undisputed, genuine, unanimous and canonical elevation of your holiness to
the summit of the apostolate, the universal church seemed to be enjoying a
greatly desired peace. But behold! Again we are compelled with copious tears to
say with Jeremiah the prophet: we looked for peace, but behold disturbance. And
again with Isaiah: we looked for light, but behold darkness. Some sons of
perdition and disciples of iniquity, who were few in numbers and of little
authority, tried at Basel with all their strength, guile and cunning, even
after the translation of the former council which had been made canonically and
legitimately by your holiness for just, evident, urgent and necessary reasons,
to prevent the most holy union with the Greeks and the whole eastern church,
which was ardently desired by the whole christian people.
For after the said authors
of the scandals who remained in Basel had failed to fulfil their promise to the
Greeks, when they learnt from the envoys of the Greeks and the eastern church
that the most serene prince lord John Palaeologus, emperor of the Romans, and
Joseph, patriarch of Constantinople of happy memory, with many other prelates
and men of the eastern church were about to come to the place chosen for the
ecumenical council, and that your holiness had despatched many prelates and
envoys with galleys at great expense and outlay, they dared to decree, with a
view to preventing the arrival of the said emperor and Greeks, a detestable
monition against your holiness and my most reverend lords, the lord cardinals
of the holy Roman church.
Afterwards, when they
learnt that the said emperor and patriarch and other easterners were coming,
they issued against your holiness a kind of sacrilegious decree of suspension
from the administration of the papacy.
Despite these and other
wicked attempts and sacrilegious acts, on account of the constant solicitude
displayed by you and this sacred council and after great labours and many
disputations, at last the divine mercy granted that the above-mentioned schism
of the Greeks and the eastern church, which had lasted for almost five hundred
years to the great harm of the whole christian people, should be removed from
the midst of the church and that the most desired union of the western and the
eastern church, which was hardly thought possible, should follow with the
utmost harmony from your and this sacred council's holy work. This ought to be
greatly admired and venerated with the highest praise and the joy of
exultation, as all the rest of the christian religion had done, and thanks
should be returned to the most High for so admirable a gift. But they became
more hard-hearted and obstinate, preferring even at the cost of ruining the
whole christian world to fan into flames the conflagration, which they had
already begun, of their aforesaid most wicked monster. They adopted an attitude
of opposition and, prodigal of their good name and enemies to their own honour,
they strove to their utmost with pestilential daring to rend the unity of the
holy Roman and universal church and the seamless robe of Christ', and with
serpentlike bites to lacerate the womb of the pious and holy mother herself.
The leader and prince of
these men and the architect of the whole nefarious deed was that first-born son
of Satan, the most unfortunate Amadeus, once duke and prince of Savoy. He
meditated this scheme for long. Several years ago, as is widely said, he was
seduced by the trickery, soothsayings and phantoms of certain unfortunate men
and women of low reputation (commonly called wizards or witches or Waldensians
and said to be very numerous in his country), who had forsaken their Saviour to
turn backwards to Satan and be deceived by demonic illusions, to have himself
raised up to be a monstrous head in God's church. He adopted the cloak of a
hermit, or rather of a most false hypocrite, so that in sheep's clothing, like
a lamb he might assume the ferocity of a wolf. Eventually he joined the people
at Basel. By force, fraud, bribery, promises and threats he prevailed on the
majority of those at Basel, who were subject to his sway and tyranny, to
proclaim him as an idol and Beelzebub, the prince of these new demons, in
opposition to your holiness, the true vicar of Christ and the undoubted
successor of Peter in God's church.
Thus that most ill-starred
Amadeus, a man of insatiable and unheard of greed, whom avarice (which,
according to the Apostle, is the service of idols) has always blinded, was set
up as an idol and like a statue of Nebuchadnezzar in God's church by that most
wicked synagogue, those offscourings of forsaken men, that shameful cesspool of
all Christianity, from among whom certain heinous men, or rather demons hiding
under the form of men, had been deputed as electors or rather as profaners. He
himself, agitated by the furies of his own crimes and sinking into the depth of
all evils, said after the manner of Lucifer: I will set my throne in the north
and I shall be like the most High. He grasped with avid and detestable greed at
the above-mentioned election, or rather profanation made of him, which he had
earlier sought with intense fever of mind and anguish of heart. He did not
shrink from adopting and wearing papal robes, ornaments and insignia, from
behaving, holding himself and acting as Roman and supreme pontiff, and from
having himself venerated as such by the people. Further, he was not afraid to
write and despatch to many parts of the world letters which were sealed with a
leaden seal after the manner of the Roman pontiffs. By these letters, in which
he calls himself Felix even though he is the most unhappy of mortals, he tries
to spread the poisons of his faction among the people of Christ.
What complaint or
accusation am I to make first, most blessed father and most holy synod? With
what force of speech, grief of mind or outpouring of words am I to deplore so
great a crime? What rich discourse could suitably bewail or express this most
foul deed? Assuredly no account can equal the grossness of the act, for the
magnitude of so heinous a crime transcends the power of speech.
But, as I see it, most
blessed father and most reverend and reverend fathers, now is the hour not for
lament but for remedy.
For behold, holy mother
church was basking in true unity and peace, in the person of your holiness her
undoubted spouse, when the fountain of tears was opened. To you, her spouse,
and to you most reverend and reverend fathers, who share in solicitude and have
been summoned to this sacred and ecumenical council, she is forced to cry and
shout with many sighs and sobs: Have pity on me, have pity on me, at least you
my fiends'. For my bowels are full of bitterness. For the foxes destroy the
vineyard of the God of hosts, and the impious rend the seamless robe of Christ.
Let God therefore arise, let all his enemies be scattered. And you, most
blessed father, since all these things are so manifest, public and notorious
that they cannot be hidden by any evasion or defended by excuses, arise in the
power of the most High, together with this sacred council, and judge the cause
of your spouse and be mindful of your sons. Gird your sword upon your thigh, O
mighty one. Set out, proceed prosperously and reign, and say with the psalmist:
I will pursue my enemies and crush them, and I shall not return until I consume
them. I shall consume and crush them and they will not rise; they will fall at
my feet. For it is wrong that so wicked a deed and so detestable a precedent
should be allowed to pass by disguised, lest perhaps unpunished daring and
malice find an imitator, but rather let the example of punished trangressions
deter others from offending.
Therefore your holiness and
this sacred synod, following the example of Moses the man of God, must say to
the whole christian people: Depart from the tents of these impious men. Follow
also the example of blessed pope Leo, your predecessor, who moved the second
council of Ephesus and Dioscorus with his supporters to Chalcedon, where he
instituted a synod which condemned them, and of your other predecessors as
supreme pontiff, who continuously rising up in God's church have eliminated
heresies and schisms, with their instigators, followers and supporters, from
the church of God and the communion of the faithful, which is the most sacred
body of Christ, and have afflicted them with many other condign penalties at
the demand of justice.
With the approval and help
of this sacred ecumenical council, avenge with condign penalties this new
frenzy which has become inflamed to your injury and that of the holy Roman
church, your spouse, and to the notorious scandal of the whole christian
people. By the authority of almighty God and of the blessed apostles Peter and
Paul and by your own authority, remove and separate from God's holy church, by
a perpetual anathema, the aforesaid wicked perpetrators of this prodigious
crime and their unfortunate heresiarch and veritable antichrist in God's church
together with all their supporters, adherents and followers and especially his
execrable electors or rather profaners.
May he and all the
aforesaid be cast out like an antichrist and an invader and a destroyer of the
whole of Christianity. Let no appeal in this matter ever be allowed to him or
to them. Let them and their posterity and successors be deprived without appeal
of every ecclesiastical or secular rank and dignity whatsoever. Let all of them
be condemned by a perpetual anathema and excommunication and may they be
counted among the wicked who will not rise at the judgment. May they feel the
anger of God against them. May they feel the rage of saints Peter and Paul,
whose church they dare to throw into confusion, both in this life and in the
next. May their dwelling be a desolation, let no one dwell in their tents. May
their children be orphans and their wives be widows. May the world fight
against them and all the elements be opposed to them, so that they may be cast
out, destroyed and eliminated by all and so that, as they grovel in permanent
penury, death may deservedly be their refuge and life their punishment. May the
merits of all the saints cast them into confusion and display open vengeance on
them in their lifetime. May they receive a deserved fate with Korah, Dathan and
Abiram. Finally, unless they repent from their hearts, perform deeds worthy of
repentance and make worthy satisfaction to your holiness and the universal
church for the enormity of their sins, may they be thrust with the wicked into
the everlasting darkness, doomed by the just judgment of God to eternal
torments.
May the grace of almighty
God protect all of us and all Christ's faithful who execrate with merited
blasphemies the aforesaid heresiarchs and their abominable idol and antichrist,
who acknowledge you as Christ's vicar and spouse of his most worthy church, and
who venerate you with devout reverence and constant faith and obedience. By the
authority of blessed Peter and Paul and your authority, may we and they be
absolved from all bonds of sins, be filled with all blessings on our pilgrimage
and finally be led by his ineffable mercy to eternal joys. Amen.
For our part, as soon as we
were aware from the reports of trustworthy people that so great an impiety had
been committed, we were afflicted with grief and sadness, as was to be
expected, both for the great scandal to the church and for the ruin of the
souls of its perpetrators, especially Amadeus that antichrist whom we used to embrace
in the depths of charity and whose prayers and wishes we always strove to meet
in so far as we could in God. Already for some time we had it in mind to
provide salutary remedies, in accordance with our pastoral office, against an
abomination of this sort. Now, however, challenged publicly before the church
to confront these evils, we propose to rise to the defence of the church and
tackle this great crime more quickly and more urgently. Therefore, in order
that so enormous and execrable a deed may, with the help of God whose cause is
at stake, be destroyed from its very roots, we are applying, in conjunction
with this holy council and with the least possible delay, a remedy in
accordance with the holy canons.
We are aware that the above
petition of the promoter and the procurator is just and in conformity with both
divine and human law, and although the aforesaid crimes and excesses are so
very public and notorious that nothing can conceal them and no further
information is required; Nevertheless, for greater precaution and certainly
about the above, we commissioned, with the approval of this sacred council,
some noteworthy persons from every rank in the council to seek information
about the above and to refer their findings to us and the sacred council. Those
so commissioned fulfilled their task of investigation with the care demanded by
a schismatical depravity of this kind and faithfully reported to us and the
sacred council in a synodal congregation what they had found out by the
interrogation of trustworthy persons. In such public, manifest and notorious
matters, action could have been taken against the said infamous and scandalous
men without waiting further, by means of severe penalties in accordance with
canonical sanctions. Nevertheless we and this holy synod, imitating the mercy
of God who desires not the death of the sinner but rather that he be converted
and live, have decided to show all possible mercy and to act, in so far as we
can, in such a way that the proposed mildness may recall them to heart and lead
them to recoil from the above-mentioned excesses, and so that when at last they
return to the bosom of the church like the prodigal son, we may receive them
with kindness and embrace them with fatherly love.
Therefore, through the
tender mercy of our God and by the shedding of the precious blood of our lord
Jesus Christ, in whom and by whom the redemption of the human race and the
foundation of holy mother church were effected, from the depths of our hearts
we exhort, beg and beseech the antichrist Amadeus and the aforesaid electors,
or rather profaners, and whoever else believes in, adheres to, receives or in
any way supports him, straightaway to stop violating the church's unity for
which the Saviour prayed so earnestly to the Father, and to cease from rending
and lacerating the fraternal charity and peace which the same Redeemer, as he
was about to leave this world, repeatedly and so insistently commended to his
disciples and without which neither prayers nor fasts nor alms are acceptable to
God, and utterly to desist as quickly as possible from the aforesaid
destructive and scandalous excesses, and so to find with us and this sacred
council, if they really obey as they are bound to do, the affection of a father
in respect of everything.
However, so that fear of
penalties and harshness of discipline may force them if perchance love of
justice and virtue does not withdraw them from sin, with the approval of this
sacred council we demand and warn the antichrist Amadeus and the aforesaid electors,
or rather profaners, and believers, adherents, receivers and supporters, and we
strictly enjoin and order him and them in virtue of holy obedience and under
the penalties of anathema, heresy, schism and treason which have been inflicted
in any ways against such persons, whether by men or by the law:
That within fifty days
immediately following the publication of this letter, the antichrist Amadeus
should cease from acting any more and designating himself as the Roman pontiff
and should not, in so far as he can, allow himself to be held and called such
by others, and should not dare hereafter in any way to use papal insignia and
other things belonging in any way to the Roman pontiff; And that the aforesaid
electors, or rather profaners, and adherents, receivers and supporters should
no longer, either in person or through others, directly or indirectly or under
any pretext, aid, believe in, adhere to or support the said Amadeus in this
crime of schism.
Rather, both Amadeus
himself and the aforesaid electors, believers, adherents and supporters should
hold, recognize and reverence us as the true Roman pontiff and vicar of Christ
and legitimate successor of Peter, and should reverently obey and maintain us
as father and pastor of their souls, and should take care legitimately to
notify us and this sacred council about these matters within the appointed
interval of time, so that no scruple of doubt may remain about their genuine
obedience.
If Amadeus and the said
electors, believers, adherents, receivers and supporters shall act otherwise --
though may it not be so -- and do not effectively fulfil each and all of the
aforesaid points within the appointed time, we wish and decree that from then
as from now they automatically incur the stated penalties.
Moreover, on the fifteenth
day after the aforesaid interval of time, if it is not a feast, otherwise on
the following non-feast day, the aforesaid supporters all together or singly
shall appear in person before us and the aforesaid council where we shall then
be, to be seen and heard individually and even by name. Thus we now cite them
for that day, to be declared schismatics, blasphemers and as heretics, to be
punished as traitors, and to have incurred the aforesaid censures and
penalties, and others to be inflicted, according as it shall seem good and
justice shall persuade:
Notifying the same people
and any of them individually, whether or not they come, that if they shall not
have shown that they have obeyed, we shall proceed with justice to declaring
the aforesaid penalties, notwithstanding their contumacy or absence, with the
intention of proceeding further to aggravation and re-aggravation, as the
rigour of justice shall demand and their merits require. In order that this
monition and citation of ours may be brought to the attention of the authors of
their monition and citation and of other interested persons, we shall have
sheets of paper or membranes of parchment containing it affixed to the doors or
gates of the church of St Mary Novella in Florence, of our palace situated near
that church and of the cathedral church of Florence. These will make known this
monition as if by a sonorous town-crying and a public notice, in order that
after such notification these people may not be able to pretend that it did not
reach them or that they were ignorant of it, since it is unlikely that what is
made known so obviously to all should remain unknown or hidden to them.
We wish and we decree by
our apostolic authority that this our monition promulgated on the said doors
and gates shall have as much value and be as immutable and as binding on the
said warned people, notwithstanding any contrary constitution, as if it had
been intimated and disclosed to each and all of the warned people in person and
in their presence.
Finally, lest the aforesaid
warned and cited persons allege as a cloak of excuse that the council and the
Roman curia, the common fatherland of all, is an unsafe place for them and
that, because of the above-mentioned things or other enmities or other reasons,
danger threatens them in their coming, staying and returning, we reassure them
by this present letter and we require and exhort by the same letter all
patriarchs, archbishops, bishops and other prelates of churches and
monasteries, clerics and ecclesiastical persons as well as dukes, marquises,
princes, rulers, captains and any other officials and their lieutenants, as
also the communities and corporations of cities, castles, towns, vills and
other places, and we strictly command the patriarchs, archbishops, bishops and
other prelates and our other subjects that they are not to inflict any injury
or harm on the aforesaid warned persons and their goods and property nor, to
the best of their power, to allow such to be inflicted by others. Let nobody
therefore . . . If anyone however . . .
SESSION 10 27 May 1440
[Eugenius IV exhorts the
members of the synod at Basel to desist from their opposition]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. In the opinion of holy
fathers, public sinners ought to be publicly censured so that others may stand
in fear. Accordingly, we and this sacred council of Florence recently censured
and denounced in public before the church, in synodal form, the authors and
abettors of the pestilential sin of schism against the holy apostolic see and
the holy Roman church, the mother and mistress of all Christians, which was
perpetrated by Amadeus, once duke of Savoy, and his accomplices. It would have
been in conformity with the sacred canons to have passed a sentence of due
severity straightaway on those notoriously sacrilegious persons. However,
desiring their conversion and salvation rather than their punishment, we
begged, warned and required of them, with all the charity and mildness we
could, to reflect and to recoil from such great iniquity, promising them pardon
and favour and a father's affection. But if they refused to heed these dutiful
admonitions, we decreed that they should be punished with penalties
proportionate to so great an outrage, as is contained in the monition
promulgated against them, which is as follows.
SESSION 11 4 February 1442
[Bull of union with the
Copts]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. Sing praises to the Lord for
he has done gloriously; let this be known in all the earth. Shout, and sing for
joy, O inhabitant of Zion, for great in your midst is the holy one of Israel.
To sing and to exult in the Lord certainly befits the church of God for his
great magnificence and the glory of his name, which the most merciful God has
deigned to bring about on this very day. It is right, indeed, to praise and
bless with all our hearts our Saviour, who daily builds up his holy church with
new additions. His benefactions to his christian people are at all times many
and great and manifest more clearly than the light of day his immense love for
us. Yet if we look more closely at the benefactions which the divine mercy has
deigned to effect in most recent times, we shall assuredly be able to judge that
in these days of ours the gifts of his love have been more in number and
greater in kind than in many past ages.
For in less than three
years our lord Jesus Christ by his indefatigable kindness, to the common and
lasting joy of the whole of Christianity, has generously effected in this holy
ecumenical synod the most salutary union of three great nations. Hence it has
come about that nearly the whole of the east that adores the glorious name of
Christ and no small part of the north, after prolonged discord with the holy
Roman church, have come together in the same bond of faith and love. For first
the Greeks and those subject to the four patriarchal sees, which cover many
races and nations and tongues, then the Armenians, who are a race of many
peoples, and today indeed the Jacobites, who are a great people in Egypt, have
been united with the holy apostolic see.
Nothing is more pleasing to
our Saviour, the lord Jesus Christ, than mutual love among people and nothing
can give more glory to his name and advantage to the church than that
Christians, with all discord between them banished, should come together in the
same purity of faith. Deservedly all of us ought to sing for joy and to exult
in the Lord; we whom the divine clemency has made worthy to see in our days
such great splendour of the christian faith. With the greatest readiness we
therefore announce these marvellous facts to the whole christian world, so that
just as we are filled with unspeakable joy for the glory of God and the
exaltation of the church, we may make others participate in this great
happiness. Thus all of us with one voice may magnify and glorify God and may
return abundant and daily thanks, as is fitting, to his majesty for so many and
so great marvellous benefits bestowed on his holy church in this age. He who
diligently does the work of God not only awaits merit and reward in heaven but
also deserves generous glory and praise among people. Therefore we consider
that our venerable brother John, patriarch of the Jacobites, whose zeal for
this holy union is immense, should deservedly be praised and extolled by us and
the whole church and deserves, together with his whole race, the general
approval of all Christians. Moved by us, through our envoy and our letter, to
send an embassy to us and this sacred synod and to unite himself and his people
in the same faith with the Roman church, he sent to us and this synod the
beloved son Andrew, an Egyptian, endowed in no mean degree with faith and
morals and abbot of the monastery of St Anthony in Egypt, in which St Anthony
himself is said to have lived and died. The patriarch, fired with great zeal,
ordered and commissioned him reverently to accept, in the name of the patriarch
and his Jacobites, the doctrine of the faith that the Roman church holds and
preaches, and afterwards to bring this doctrine to the patriarch and the
Jacobites so that they might acknowledge and formally approve it and preach it
in their lands.
We, therefore, to whom the
Lord gave the task of feeding Christ's sheep', had abbot Andrew carefully
examined by some outstanding men of this sacred council on the articles of the
faith, the sacraments of the church and certain other matters pertaining to
salvation. At length, after an exposition of the catholic faith to the abbot,
as far as this seemed to be necessary, and his humble acceptance of it, we have
delivered in the name of the Lord in this solemn session, with the approval of
this sacred ecumenical council of Florence, the following true and necessary
doctrine.
First, then, the holy Roman
church, founded on the words of our Lord and Saviour, firmly believes,
professes and preaches one true God, almighty, immutable and eternal, Father,
Son and holy Spirit; one in essence, three in persons; unbegotten Father, Son
begotten from the Father, holy Spirit proceeding from the Father and the Son;
the Father is not the Son or the holy Spirit, the Son is not the Father or the
holy Spirit, the holy Spirit is not the Father or the Son; the Father is only
the Father, the Son is only the Son, the holy Spirit is only the holy Spirit.
The Father alone from his substance begot the Son; the Son alone is begotten of
the Father alone; the holy Spirit alone proceeds at once from the Father and
the Son. These three persons are one God not three gods, because there is one
substance of the three, one essence, one nature, one Godhead, one immensity,
one eternity, and everything is one where the difference of a relation does not
prevent this. Because of this unity the Father is whole in the Son, whole in
the holy Spirit; the Son is whole in the Father, whole in the holy Spirit; the
holy Spirit is whole in the Father, whole in the Son. No one of them precedes
another in eternity or excels in greatness or surpasses in power. The existence
of the Son from the Father is certainly eternal and without beginning, and the
procession of the holy Spirit from the Father and the Son is eternal and
without beginning. Whatever the Father is or has, he has not from another but
from himself and is principle without principle. Whatever the Son is or has, he
has from the Father and is principle from principle. Whatever the holy Spirit is
or has, he has from the Father together with the Son. But the Father and the
Son are not two principles of the holy Spirit, but one principle, just as the
Father and the Son and the holy Spirit are not three principles of creation but
one principle. Therefore it condemns, reproves, anathematizes and declares to
be outside the body of Christ, which is the church, whoever holds opposing or
contrary views. Hence it condemns Sabellius, who confused the persons and
altogether removed their real distinction. It condemns the Arians, the
Eunomians and the Macedonians who say that only the Father is true God and
place the Son and the holy Spirit in the order of creatures. It also condemns
any others who make degrees or inequalities in the Trinity.
Most firmly it believes,
professes and preaches that the one true God, Father, Son and holy Spirit, is
the creator of all things that are, visible and invisible, who, when he willed
it, made from his own goodness all creatures, both spiritual and corporeal,
good indeed because they are made by the supreme good, but mutable because they
are made from nothing, and it asserts that there is no nature of evil because
every nature, in so far as it is a nature, is good. It professes that one and
the same God is the author of the old and the new Testament -- that is, the law
and the prophets, and the gospel -- since the saints of both testaments spoke
under the inspiration of the same Spirit. It accepts and venerates their books,
whose titles are as follows.
Five books of Moses, namely
Genesis, Exodus, Leviticus, Numbers, Deuteronomy; Joshua, Judges, Ruth, four
books of Kings, two of Paralipomenon, Esdras, Nehemiah, Tobit, Judith, Esther,
Job, Psalms of David, Proverbs, Ecclesiastes, Song of Songs, Wisdom,
Ecclesiasticus, Isaiah, Jeremiah, Baruch, Ezechiel, Daniel; the twelve minor
prophets, namely Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nahum, Habakkuk,
Zephaniah, Haggai, Zechariah, Malachi; two books of the Maccabees; the four
gospels of Matthew, Mark, Luke and John; fourteen letters of Paul, to the
Romans, two to the Corinthians, to the Galatians, to the Ephesians, to the
Philippians, two to the Thessalonians, to the Colossians, two to Timothy, to
Titus, to Philemon, to the Hebrews; two letters of Peter, three of John, one of
James, one of Jude; Acts of the Apostles; Apocalypse of John.
Hence it anathematizes the
madness of the Manichees who posited two first principles, one of visible
things, the other of invisible things, and said that one was the God of the new
Testament, the other of the old Testament. It firmly believes, professes and
preaches that one person of the Trinity, true God, Son of God begotten by the
Father, consubstantial and coeternal with the Father, in the fullness of time
which the inscrutable depth of divine counsel determined, for the salvation of
the human race, took a real and complete human nature from the immaculate womb
of the virgin Mary, and joined it to himself in a personal union of such great
unity that whatever is of God there, is not separated from man, and whatever is
human is not divided from the Godhead, and he is one and the same undivided,
each nature perduring in its properties, God and man, Son of God and son of
man, equal to the Father according to his divinity, less than the Father according
to his humanity, immortal and eternal through the nature of the Godhead,
passible and temporal from the condition of assumed humanity. It firmly
believes, professes and preaches that the Son of God was truly born of the
virgin in his assumed humanity, truly suffered, truly died and was buried,
truly rose from the dead, ascended into heaven and sits at the right hand of
the Father and will come at the end of time to judge the living and the dead. i
It anathematizes, execrates and condemns every heresy that is tainted with the
contrary. First it condemns Ebion, Cerinthus, Marcion, Paul of Samosata,
Photinus and all similar blasphemers who, failing to see the personal union of
the humanity with the Word, denied that our lord Jesus Christ was true God and
professed him to be simply a man who by a greater participation in divine
grace, which he had received through the merit of his holier life, should be
called a divine man.
It anathematizes also Manes
and his followers who, imagining that the Son of God took to himself not a real
body but a phantasmal one completely rejected the truth of the humanity in
Christ, Valentinus, who declared that the Son of God took nothing from his
virgin mother but that he assumed a heavenly body and passed through the
virgin's womb like water flowing down an aqueduct; Arius, who by his assertion
that the body taken from the virgin had no soul, wanted the Deity to take the
place of the soul; and Apollinarius who, realizing that if the soul informing
the body were denied there would be no true humanity in Christ, posited only a
sensitive soul and held that the deity of the Word took the place of the
rational soul. It anathematizes also Theodore of Mopsuestia and Nestorius, who
asserted that the humanity was united to the Son of God through grace, and
hence that there are two persons in Christ just as they profess there are two
natures, since they could not understand that the union of the humanity to the
Word was hypostatic and therefore they denied that he had received the subsistence
of the Word. For according to this blasphemy the Word was not made flesh but
the Word dwelt in flesh through grace, that is, the Son of God did not become
man but rather the Son of God dwelt in a man. It also anathematizes, execrates
and condemns the archimandrite Eutyches who, when he understood that the
blasphemy of Nestorius excluded the truth of the incarnation, and that it was
therefore necessary for the humanity to be so united to the Word of God that
there should be one and the same person of the divinity and the humanity; and
also because, granted the plurality of natures, he could not grasp the unity of
the person, since he posited one person in Christ of divinity and humanity; so
he affirmed that there was one nature, suggesting that before the union there
was a duality of natures which passed into a single nature in the act of
assumption, thereby conceding a great blasphemy and impiety that either the
humanity was converted into the divinity or the divinity into the humanity. It
also anathematizes, execrates and condemns Macarius of Antioch and all others
of similar views who, although they are orthodox on the duality of natures and
the unity of person, yet have gone enormously wrong on Christ's principles of
action by declaring that of the two natures in Christ, there was only one
principle of action and one will. The holy Roman church anathematizes all of
these and their heresies and affirms that in Christ there are two wills and two
principles of action.
It firmly believes,
professes and preaches that never was anyone, conceived by a man and a woman,
liberated from the devil's dominion except by faith in our lord Jesus Christ,
the mediator between God and humanity, who was conceived without sin, was born
and died. He alone by his death overthrew the enemy of the human race,
cancelling our sins, and unlocked the entrance to the heavenly kingdom, which
the first man by his sin had locked against himself and all his posterity. All
the holy sacrifices sacraments and ceremonies of the old Testament had
prefigured that he would come at some time.
It firmly believes,
professes and teaches that the legal prescriptions of the old Testament or the
Mosaic law, which are divided into ceremonies, holy sacrifices and sacraments,
because they were instituted to signify something in the future, although they
were adequate for the divine cult of that age, once our lord Jesus Christ who
was signified by them had come, came to an end and the sacraments of the new
Testament had their beginning. Whoever, after the passion, places his hope in
the legal prescriptions and submits himself to them as necessary for salvation
and as if faith in Christ without them could not save, sins mortally. It does
not deny that from Christ's passion until the promulgation of the gospel they
could have been retained, provided they were in no way believed to be necessary
for salvation. But it asserts that after the promulgation of the gospel they
cannot be observed without loss of eternal salvation. Therefore it denounces
all who after that time observe circumcision, the sabbath and other legal
prescriptions as strangers to the faith of Christ and unable to share in
eternal salvation, unless they recoil at some time from these errors. Therefore
it strictly orders all who glory in the name of Christian, not to practise
circumcision either before or after baptism, since whether or not they place
their hope in it, it cannot possibly be observed without loss of eternal
salvation.
With regard to children,
since the danger of death is often present and the only remedy available to
them is the sacrament of baptism by which they are snatched away from the
dominion of the devil and adopted as children of God, it admonishes that sacred
baptism is not to be deferred for forty or eighty days or any other period of
time in accordance with the usage of some people, but it should be conferred as
soon as it conveniently can; and if there is imminent danger of death, the
child should be baptized straightaway without any delay, even by a lay man or a
woman in the form of the church, if there is no priest, as is contained more
fully in the decree on the Armenians.
It firmly believes,
professes and teaches that every creature of God is good and nothing is to be
rejected if it is received with thanksgiving, because according to the word of
the Lord not what goes into the mouth defiles a person, and because the
difference in the Mosaic law between clean and unclean foods belongs to
ceremonial practices, which have passed away and lost their efficacy with the
coming of the gospel. It also declares that the apostolic prohibition, to
abstain from what has been sacrificed to idols and from blood and from what is
strangled, was suited to that time when a single church was rising from Jews
and gentiles, who previously lived with different ceremonies and customs. This
was so that the gentiles should have some observances in common with Jews, and
occasion would be offered of coming together in one worship and faith of God
and a cause of dissension might be removed, since by ancient custom blood and
strangled things seemed abominable to Jews, and gentiles could be thought to be
returning to idolatry if they ate sacrificial food. In places, however, where
the christian religion has been promulgated to such an extent that no Jew is to
be met with and all have joined the church, uniformly practising the same rites
and ceremonies of the gospel and believing that to the clean all things are
clean, since the cause of that apostolic prohibition has ceased, so its effect
has ceased. It condemns, then, no kind of food that human society accepts and
nobody at all neither man nor woman, should make a distinction between animals,
no matter how they died; although for the health of the body, for the practice
of virtue or for the sake of regular and ecclesiastical discipline many things
that are not proscribed can and should be omitted, as the apostle says all
things are lawful, but not all are helpful.
It firmly believes,
professes and preaches that all those who are outside the catholic church, not
only pagans but also Jews or heretics and schismatics, cannot share in eternal
life and will go into the everlasting fire which was prepared for the devil and
his angels, unless they are joined to the catholic church before the end of
their lives; that the unity of the ecclesiastical body is of such importance
that only for those who abide in it do the church's sacraments contribute to
salvation and do fasts, almsgiving and other works of piety and practices of
the christian militia produce eternal rewards; and that nobody can be saved, no
matter how much he has given away in alms and even if he has shed his blood in
the name of Christ, unless he has persevered in the bosom and the unity of the
catholic church.
It embraces, approves and
accepts the holy synod of 318 fathers at Nicaea, which was convened in the time
of our predecessor most blessed Silvester and the great and most pious emperor
Constantine. In it the impious Arian heresy and its author was condemned and
there was defined that the Son of God is consubstantial and coeternal with the
Father. It also embraces, approves and accepts the holy synod of 150 fathers at
Constantinople, which was convoked in the time of our predecessor most blessed
Damasus and the elder Theodosius and which anathematized the impious error of
Macedonius, who asserted that the holy Spirit is not God but a creature. Those
whom they condemn, it condemns; what they approve, it approves; and in every
respect it wants what was defined there to remain unchanged and inviolate.
It also embraces, approves
and accepts the first holy synod of 200 fathers at Ephesus, which is third in
the order of universal synods and was convoked under our predecessor most
blessed Celestine and the younger Theodosius. In it the blasphemy of the impious
Nestorius was condemned, and there was defined that the person of our lord
Jesus Christ, true God and true man, is one and that the blessed ever-virgin
Mary should be preached by the whole church not only as Christ-bearer but also
as God-bearer, that is as mother of God as well as mother of the man.
But it condemns,
anathematizes and rejects the impious second synod of Ephesus, which was
convened under our predecessor most blessed Leo and the aforesaid emperor. In
it Dioscorus, bishop of Alexandria, defender of the heresiarch Eutyches and
impious persecutor of holy Flavian, bishop of Constantinople, with cunning and
threat led the execrable synod to an approval of the Eutychian impiety.
It also embraces, approves
and accepts the holy synod of 630 fathers at Chalcedon, which is fourth in the
order of universal synods and was held in the time of our predecessor most
blessed Leo and the emperor Marcian. In it the Eutychian heresy and its author
Eutyches and its defender Dioscorus were condemned, and there was defined that
our lord Jesus Christ is true God and true man and that in the one and same
person the divine and human natures remain entire, inviolate, incorrupt,
unconfused and distinct, the humanity doing what befits man, the divinity what
befits God. Those whom they condemn, it condemns; those whom they approve, it
approves.
It also embraces, approves
and accepts the fifth holy synod, the second of Constantinople, which was held
in the time of our predecessor most blessed Vigilius and the emperor Justinian.
In it the definition of the sacred council of Chalcedon about the two natures
and the one person of Christ was renewed and many errors of Origen and his
followers, especially about the penitence and liberation of demons and other
condemned beings, were refuted and condemned.
It also embraces, approves
and accepts the third holy synod of 150 fathers at Constantinople, which is
sixth in the order of universal synods and was convened in the time of our
predecessor most blessed Agatho and the emperor Constantine IV. In it the
heresy of Macarius of Antioch and his adherents was condemned, and there was
defined that in our lord Jesus Christ there are two perfect and complete
natures and two principles of action and also two wills, although there is one and
the same person to whom the actions of each of the two natures belong, the
divinity doing what is of God, the humanity doing what is human.
It also embraces, approves
and accepts all other universal synods which were legitimately summoned,
celebrated and confirmed by the authority of a Roman pontiff, and especially
this holy synod of Florence, in which, among other things, most holy unions
with the Greeks and the Armenians have been achieved and many most salutary
definitions in respect of each of these unions have been issued, as is
contained in full in the decrees previously promulgated, which are as follows:
Let the heavens be glad . . . 1; Exult in God . 2
However, since no
explanation was given in the aforesaid decree of the Armenians in respect of the
form of words which the holy Roman church, relying on the teaching and
authority of the apostles Peter and Paul, has always been wont to use in the
consecration of the Lord's body and blood, we concluded that it should be
inserted in this present text. It uses this form of words in the consecration
of the Lord's body: For this is my body. And of his blood: For this is the
chalice of my blood, of the new and everlasting covenant, which will be shed
for you and for many unto the remission of sins .
Whether the wheat bread, in
which the sacrament is confected, has been baked on the same day or earlier is
of no importance whatever. For, provided the substance of bread remains, there
should be no doubt at all that after the aforesaid words of consecration of the
body have been pronounced by a priest with the intention of consecrating,
immediately it is changed in substance into the true body of Christ.
It is asserted that some
people reject fourth marriages as condemned. Lest sin is attributed where it
does not exist, since the apostle says that a wife on her husband's death is
free from his law and free in the Lord to marry whom she wishes, and since no
distinction is made between the deaths of the first, second and third husbands,
we declare that not only second and third marriages but also fourth and further
ones may lawfully be contracted, provided there is no canonical impediment. We
say, however, that they would be more commendable if thereafter they abstain
from marriage and persevere in chastity because we consider that, just as
virginity is to be preferred in praise and merit to widowhood, so chaste
widowhood is preferable to marriage.
After all these
explanations the aforesaid abbot Andrew, in the name of the aforesaid patriarch
and of himself and of all the Jacobites, receives and accepts with all devotion
and reverence this most salutary synodal decree with all its chapters,
declarations, definitions traditions, precepts and statutes and all the
doctrine contained therein, and also whatever the holy apostolic see and the
Roman church holds and teaches. He also reverently accepts those doctors and
holy fathers whom the Roman church approves, and he holds as rejected and
condemned whatever persons and things the Roman church rejects and condemns,
promising as a son of true obedience, in the name of the above persons,
faithfully and always to obey the regulations and commands of the said
apostolic see.
SESSION 12 14 October 1443
[Eugenius IV convokes the
Lateran council, that is, the continuation of the council of Florence]
Eugenius. Convocation of
the Lateran council. For an everlasting record. By the infinite clemency and
pity of the redeemer of the human race, our God and lord Jesus Christ, by whose
ineffable providence the whole body of the church is sanctified and ruled and
through whose aid -- which surpasses our merits and exceeds what we recognise
ourselves as worthy either to seek or to solicit -- gifts and favours of his
mercy daily come to us, we have returned to bountiful Rome, the see of most
blessed Peter, to the holy of holies, the Lateran of the patriarchs. With great
trust we are embracing and earnestly pursuing the things which seem to be
promoted and revealed by divine rather than by human wisdom. Hence it is that
because of various just, reasonable and necessary causes which then moved our
mind, by apostolic authority and the plenitude of power and with the approval
of the council, we transferred the holy ecumenical council of Florence, over
which we were then presiding, to this bountiful city of Rome and the Lateran
basilica, to be re-established and continued on the first day following the
fifteenth day after our arrival, as is contained in more detail in the letter
composed for that purpose, whose text is word for word as follows:
Eugenius, bishop, servant
of the servants of God, for an everlasting record The compassionate and
merciful Lord ordained that his only-begotten Son should assume a human nature
and should so join it to himself into a single person that not only would fallen
nature be repaired by virtue of that ineffable union, but also by his embrace
as spouse and by the kiss of his mouth his bride the holy church would be
brought forth, her members would be joined together by a solid bond of love,
and the christian people would acquire peace in harmony, salvation in a unity
of spirit, and glory in the bond of charity.
In so far as it is granted
to us by the mercy of our lord and saviour Jesus Christ, whose place we though
unworthy take on earth, we, following in his footsteps, ardently desire and
intensely pursue the salvation, unity and peace of the christian people. Therefore
we are intent, with a deserved watchfulness, on the conservation of this holy
ecumenical council. In it, by the marvellous kindness and mercy of the same
Saviour, very many most noteworthy works have been achieved for his praise and
glory, the increase of the catholic faith, the unity of the christian people
and the exaltation of the holy apostolic see and the Roman church. For in our
own days we have seen Greeks, Armenians, Jacobites and other almost innumerable
peoples, some of whom have been separated from the rite and the holy teaching
of the Roman church for almost five hundred or even seven hundred years, joined
with us in this sacred council, by God's mercy, under one divine law of truth
and embracing us with due reverence as the true vicar of Christ, the successor
of Peter and the shepherd of the universal church.
There are no limits to the
kindness of our Saviour, who works for the unity of the christian people and
his mystical body, for which he prayed: I wish, Father, that they may be one
even as we are one. Indeed we are experiencing his kindness particularly in
these times. For his infinite mercy has granted that we are now awaiting the
arrival of envoys, furnished with full power to accept in this holy council the
doctrine of the orthodox faith from which their peoples have gone astray in
many points, from our most dear son in Christ Zar'a Ya'qob, king of Ethiopia,
commonly called Prester John, to whom very many kings and almost innumerable
peoples are subject and who is impelled, as we trust, by divine inspiration. To
foster and hasten such a holy and divine proposal, which is so necessary for
the whole of Christianity, we have sent our own nuncios and envoys, who are
full of zeal for this holy task and have considerable influence with the said
most powerful king.
Many more works have been
proposed to us for the praise of God and the increase of the faith and the
christian people. We wish to give careful attention to them. Frightened by
neither the heavy expenses nor the many labours, we put our trust in the power
of him whose inspiration motivates us. Let us hope, moreover, that in the
course of time many other desirable and salutary fruits will accrue to the
catholic faith and the church of Christ, especially if this holy synod is held in
a place of greater importance and in a royal and sacerdotal city. To the genial
city of Rome, which is particularly our city and which, as is right, we want to
participate and help in these salutary and divine tasks, we have turned our
attention, a city which we consider to be abounding in all spiritual and
temporal goods and more holy and outstanding than all other cities for carrying
out these holy tasks and bringing them to a religious and happy conclusion. For
in it our Saviour in his eternal providence settled the apostolic see in
blessed Peter, prince of all the apostles, and on his right in fellowship the
wondrous foresight of the same Saviour added the blessed apostle Paul. They are
two bulwarks of the faith through whom the gospel shone in Rome; they are true
fathers and true pastors; they are those who suffered on one day for merit, in
one place for grace, under one persecutor for equal virtue, and made this city
sacerdotal and royal and the capital of the world, as being the holy seat of
Peter, and consecrated it to the lord Christ with the glorious blood of
martyrdom. "For the Roman church founded all, whether the eminence of a
patriarch or the seats of metropolitan primacy or of bishoprics or the
dignities of churches of whatever rank; he alone, who entrusted to blessed
Peter, the key-bearer of eternal life, the rights of the heavenly as well as of
the earthly kingdom, founded the Roman church and straightaway set it on the
rock of nascent faith." Since, then, the city of Rome has been ennobled and
distinguished by so many and so great divine gifts and is resplendent with so
much authority and also draws the faithful to itself from all sides by the
relics and sanctity of apostles, martyrs and confessors; since christian
nations and peoples even in the furthest parts of the world flock to the said
city and are seen to desire greatly that we return to our see, which has been
divinely constituted for Roman pontiffs, in order that a greater veneration and
devotion may grow in the christian people towards both us, through the
authority of the said see, and the said see, through our presence and
authority, and since we are informed that, on account of our residence in Rome,
subjects and faithful of ours and of the Roman church, whose peace and tranquillity
we are bound to procure and preserve with special zeal, will enjoy much greater
peace and unity and that in this way, with God's blessing, we shall be more
expeditious and effective in pursuing works of peace and harmony and in
arranging and confirming, as we ardently desire, peace and unity among other
catholic kings and princes and peoples; Therefore to Rome, which is a suitable
and safe place fulfilling all human needs as regards fertility of the soil and
sea transport; under the influence of the above-mentioned necessary causes and
many other just and reasonable ones which direct our mind to the praise and
glory of almighty God, the extirpation of heresies and errors, the reform of
morals, the peace, salvation and increase of the christian people and the
prosecution of other holy works, under the Lord's leadership, for which the
said council was originally convened;
In the name of the holy and
undivided Trinity, Father, Son and holy Spirit, with the approval of the said
general council given on 5 January last, in a general congregation under our
presidency, by apostolic authority and by this present letter, we translate as
from now this holy ecumenical council of Florence, and by the same authority
and the same letter we have decreed and declared it to be translated to the
Lateran basilica, which is the first and proper seat of the supreme pontiff and
the vicar of Jesus Christ, to be resumed, continued and prosecuted on the day
following the fifteenth day after our entry into bountiful Rome. In addition,
by an inviolable constitution and decree we ordain that each and all of the
securities and safe-conducts, which we granted at the beginning of this sacred
council and which we are extending anew and prolonging, are to be considered as
included in this present letter and as having the same force and effect as if
they had been mentioned word for word in this our synodal constitution and had
been inserted and denoted in it. Let nobody therefore . . . If anyone however .
. .
Now that the appointed day
has come and all the reasons for which it had then seemed necessary to resume
the council are recognised to be more than ever necessary, with the said
necessary reasons and many other just and reasonable ones impelling us, for the
praise and glory of almighty God, the extirpation of heresies and errors, the
reform of morals, the peace, salvation and increase of the christian people,
and the completion of other holy works, under the Lord's leadership, for which
the aforesaid council was originally convened;
In the name of the holy and
undivided Trinity, Father, Son and holy Spirit, by the same authority and
power, with the same approval and by this present letter; We resume, continue
and carry forward the aforesaid ecumenical council of Florence, which was translated
as above, and we decree and declare by this present letter that this
continuation, resumption and prosecution is taking place in this council hall
of the sacred Lateran patriarchate. We warn and require each and all of those
who are bound by law or custom to take part in general councils that they
should come as quickly as possible to this present holy ecumenical Lateran
council, as referred to above, which is continuing for the attainment of the
above-mentioned ends. In addition, we ordain again by this constitution and
decree that each and all of the securities and safe-conducts, which we granted
at the beginning of the sacred ecumenical council of Ferrara and which we are
extending anew and prolonging, are to be considered as included in this present
letter and as having the same force and effect as if they had been mentioned
word for word in this our synodal constitution and had been inserted and
denoted in
Let nobody therefore . . .
if anyone however . . .
SESSION 13 30 November 1444
[Bull of union with the
Syrians]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. In these our days the
ineffable clemency of divine mercy bestows on his holy church many and
marvellous gifts which are much greater than we could have asked for or
envisaged. Hence we see that the orthodox faith is expanded, new peoples daily
return to the obedience of the apostolic see and reasons for joy and exaltation
are daily being multiplied for us and all Christ's faithful, in such wise that
we are deservedly incited time and again to say in jubilation with the prophet
to the faithful peoples: Come, let us exult in the Lord, let us hail the God
who saves us, for the Lord is great and most worthy of praise in the city of
our God, on his holy mountain. It is true that in the catholic church, which is
the city of God on the holy mountain and is founded on the authority of the
apostolic see and Peter, God, whose omnipotence and wisdom knows no limits, has
always worked great and inscrutable deeds. But the singular and special gift
which the ineffable providence of its founder bestowed on it is that the
orthodox faith, which alone gives life to and sanctifies the human race, should
abide for ever on that holy mountain in a unique and unchangeable profession of
faith and that dissents, which arise against the church from the variety of
earthly opinions and separate people off from the firmness of that rock, should
return to that mountain and be exterminated and eradicated. Whence it comes
about that the peoples and nations thronging to its bosom agree with it in one
truth of faith. Assuredly it is not from our merit that the immensity of divine
goodness has granted us to behold these great sublime and marvellous gifts of
God. His benevolence and condescension alone have granted that after the union
of the Greeks in the sacred ecumenical council of Florence, who were seen to
differ from the Roman church in some articles, and after the return of the
Armenians and the Jacobites, who were entangled in various opinions, they
should at last, having abandoned all dissent, come together into the one right
way of truth. Behold now again with the Lord's help other nations have gathered
from afar, inhabitants of Mesopotamia between the Tigris and the Euphrates,
whose thinking about the procession of the holy Spirit and some other articles
had gone astray.
Great, then, for us and for
all Christ's faithful is the reason for rejoicing. For with the Lord's approval
the most illustrious profession of the Roman church about the truth of the
faith, which has always been pure from all stain of error shines with new beams
also in the east beyond the bounds of the Euphrates inasmuch as it has drawn
our venerable brother Abdala, archbishop of Edessa and legate of our venerable
brother Ignatius, patriarch of the Syrians, and of his whole nation, to us here
in bountiful Rome and to this sacred ecumenical Lateran council and has bidden
him humbly and devoutly to petition that we give to them the rule of faith
which the holy Roman church professes. Among all the preoccupations of the holy
apostolic see, we hold, as we have always done, our first and chiefest care to
be the defence of the faith, the extermination of heresies and the propagation
of the orthodox faith. Therefore we selected some of our venerable brethren,
cardinals of the holy Roman church, who in turn co-opted from this sacred
council some masters in holy scripture, to confer with the aforesaid archbishop
about the difficulties, doubts and errors of that nation, to examine him in person
and to open to him the rule of catholic truth, and finally to instruct and
inform him fully about the integrity of the faith of the Roman church.
They found him orthodox on
all points of faith and practice except three articles: namely, the procession
of the holy Spirit, the two natures in Jesus Christ our saviour, the two wills
and principles of action in him. They laid before him the truth of the orthodox
faith, opened up the meaning of the sacred scriptures, adduced the testimonies
of holy doctors and added telling and pertinent reasons.
When the archbishop had
understood the doctrine on these points, he affirmed that all his doubts had
been completely answered. He professed that he thought he fully understood the
truth of the faith as regards both the procession of the holy Spirit and the
two natures, two wills and two principles of action in our lord Jesus Christ.
Moreover he declared that he would accept, in the name of the aforesaid
patriarch and of the whole nation and of himself, the whole faith and all the
teaching which we, with the approval of this sacred council, would propose to
him.
For this reason we were
filled with exultation in Christ and poured out immense gratitude to our God,
since we are seeing our desire for the salvation of that nation fulfilled.
After careful discussion
with our brethren and the sacred council, we decided, with the approval of the
same council, to propose and assign to the said archbishop, who will accept it
in the name of the above persons, the faith and doctrine which the holy Roman
mother church holds.
This, then, is the faith
which the holy Roman mother church has always held, preached and taught and
which she now holds, preaches, professes and teaches. This is the faith, as
regards those three articles, which we decree that the said archbishop Abdala,
on behalf and in the name of the said patriarch of the Syrians and of all that
nation and of himself, shall accept and shall keep for ever. First, that the
holy Spirit is eternally from the Father and the Son, and has his essence and
his subsistent being from the Father together with the Son, and proceeds from
both eternally as from one principle and a single spiration.
Also it holds, professes
and teaches that one and the same Son of God and of man, our lord Jesus Christ,
is perfect in divinity and perfect in humanity; true God and true man, of a
rational soul and a body; consubstantial with the Father as regards his
divinity, consubstantial with us as regards his humanity; like us in all
respects except for sin; begotten before the ages from the Father, and in the
last days the same born according to his humanity for us and our salvation from
Mary the virgin mother of God; one and the same Christ true only-begotten Son
of God, acknowledged in two natures which undergo no confusion, no change, no
division, no separation; at no point was the difference between the natures
taken away through the union, but rather the property of both natures is
preserved and comes together into a single person and a single subsistent
being; he is not parted or divided into two persons, but is one and the same
Son of God and of man, our lord Jesus Christ.
Also it believes, professes
and teaches in the one lord Jesus Christ two natural principles of action which
undergo no division, no change, no separation, no confusion, in accordance with
the teaching of the holy fathers; and two natural wills one divine, the other
human, not in opposition, but his human will subject to his divine and all
powerful will. For in the same way that his most holy animate flesh was made
divine, not destroyed, but remained in its own limit and category, so his human
will was made divine, not destroyed, but rather was preserved and perfected.
We decree that the said
archbishop Abdala ought, in the name of the above persons, to accept this
faith, to hold it in his heart and to profess it with his mouth. Further we
ordain and decree that he ought to receive and embrace, in the name of the
above persons, whatever has been defined and established at various times by
the holy Roman church, especially the decrees on the Greeks, the Armenians and
the Jacobites, which were issued in the sacred ecumenical council of Florence
and which, since Archbishop Abdala has carefully read them translated into
Arabic and praised them, we have given to him, in the name of the above
persons, for a wider and more complete instruction on everything; that whatever
doctors and holy fathers the holy Roman church approves and accepts, he should,
in the name of the above persons, approve and accept; and that whatever persons
and other things she condemns and rejects, he should, in the name of the above
persons, hold as condemned and rejected; promising on oath as a true son of
obedience, in the name of the above persons, always devoutly and faithfully to
obey the regulations and orders of the said apostolic see. If anyone however .
. . Let nobody therefore . . .
SESSION 14 7 August 1445
[Bull of union with the
Chaldeans and the Maronites of Cyprus]
Eugenius, bishop, servant
of the servants of God, for an everlasting record. Blessed be the God and
Father of our lord Jesus Christ, the Father of mercies and God of all
consolation, who daily promotes with many great favours, and accompanies with
happy results far beyond our deserts, our aims and pious desires, whereby in
fulfilment of our pastoral duties we long for and foster with many works, in so
far as this allowed us from on high, the salvation of the christian people.
Indeed, after the union of
the eastern church with the western church in the ecumenical council of
Florence, and after the return of the Armenians, the Jacobites and the people
of Mesopotamia, we despatched our venerable brother Andrew, archbishop of
Kalocsa, to eastern lands and the island of Cyprus. He was to confirm in the
faith which had been accepted the Greeks, Armenians and Jacobites living there,
by his sermons and his expositions and explanations of the decrees issued for
their union and return. He was also to try to bring back to the truth of the
faith, using our warnings and exhortations, whoever else he might find there to
be strangers to the truth of faith in other sects, whether they are followers
of Nestorius or of Macarius.
He pursued this task with
vigour, thanks to the wisdom and other virtues with which the Lord, the giver
of graces, has enriched him. He finally eliminated from their hearts, after
many discussions, first all the impurity of Nestorius, who asserted that Christ
is only a man and that the blessed Virgin is the mother of Christ but not of
God, then that of the most impious Macarius of Antioch who, although he
confessed that Christ is true God and man, asserted that there is in him only
the divine will and principle of action, thereby diminishing his humanity.
With divine assistance he
converted to the truth of the orthodox faith our venerable brothers Timothy,
metropolitan of the Chaldeans, who have been called Nestorians in Cyprus until
now because they used to follow Nestorius, and Elias, bishop of the Maronites,
who with his nation in the same realm was infected with the teachings of
Macarius, together with a whole multitude of peoples and clerics subject to him
in the island of Cyprus. To these prelates and all their subjects there, he
delivered the faith and doctrine that the holy church has always cherished and
observed. The said prelates, moreover, accepted this faith and doctrine with
much veneration in a great public assembly of different peoples living in that
realm, which was held in the metropolitan church of St Sophia.
After that, the Chaldeans
sent to us the aforesaid metropolitan Timothy, and Bishop Elias of the
Maronites sent an envoy, to make to us a solemn profession of the faith of the
Roman church, which by the providence of the Lord and the aid of blessed Peter
and the apostle has always remained immaculate . Timothy, the metropolitan,
reverently and devoutly professed this faith and doctrine to us, in this sacred
general congregation of the ecumenical Lateran council, first in his own
Chaldean tongue, which was interpreted in Greek and then translated from Greek
into Latin, as follows: I, Timothy, archbishop of Tarsus and metropolitan of
the Chaldeans who are in Cyprus, on behalf of myself and all my peoples in
Cyprus, profess, vow and promise to almighty God, Father and Son and holy
Spirit, and then to you, most holy and blessed father pope Eugenius IV, to this
holy apostolic see and to this holy and venerable congregation, that henceforth
I will always remain under the obedience of you and your successors and of the
holy Roman church as under the unique mother and head of all other churches.
Also, in future I will always hold and profess that the holy Spirit proceeds
from the Father and the Son, as the holy Roman church teaches and holds. Also,
in future I will always hold and approve two natures, two wills, one hypostasis
and two principles of action in Christ.
Also, in future I will
always confess and approve all seven sacraments of the Roman church, just as
she holds, teaches and preaches.
Also, in future I will
never add oil in the sacred eucharist.
Also, in future I will
always hold, confess, preach and teach whatever the holy Roman church holds,
confesses, teaches and preaches and I reject, anathematize and condemn whatever
she rejects, anathematizes and condemns; in future I will always reject, anathematize
and condemn especially the impieties and blasphemies of the most wicked
heresiarch Nestorius and every other heresy raising itshead against this holy
catholic and apostolic church.
This is the faith, holy
father, that I vow and promise to hold and observe and to see that it is held
and observed by all my subjects. I engage myself and solemnly promise to
deprive of all his goods and benefices, to excommunicate and to denounce as
heretical and condemned, whoever rejects it and raises himself up against it
and, if he is obstinate, to degrade him and to hand him over to the secular
arm.
Then our beloved son in
Christ Isaac, envoy of our venerable brother Elias, bishop of the Maronites, on
his behalf and in his name, rejecting the heresy of Macarius about one will in
Christ, made with great veneration a profession that was similar in all
details.
For the devotion of these
professions and for the salvation of so many souls we offer immense thanks to
God and our lord Jesus Christ, who is in our times so greatly enlarging the
faith and bestowing benefits on so many christian peoples. We receive and
approve these professions; we receive into the bosom of holy mother church the
metropolitan and the bishop in Cyprus and their subjects; and while they remain
in the aforesaid faith, obedience and devotion, we honour them with the
following favours and privileges.
First, nobody shall in
future dare to call the said metropolitan of the Chaldeans and the said bishop
of the Maronites, or their clerics and peoples or any individual among them,
heretics, or to call Chaldeans, Nestorians. If anyone despises this ordinance,
we order him to be excommunicated until such time as he offers a worthy
satisfaction or has been punished, in the judgment of the ordinary, by some
other temporal penalty.
Also, the said metropolitan
and bishop and their successors are forthwith to be preferred in each and every
honour to bishops who are separated from the communion of the holy Roman
church.
Also, in future they can
lay censures on their subjects, and those whom they rightly excommunicate in
future shall be held by all as excommunicated, and those whom they absolve
shall be held by all as absolved.
Also, the said prelates and
priests and their clerics can freely celebrate divine services in the churches
of Catholics, and Catholics can freely celebrate them in their churches.
Also, in future the said
prelates and clerics and their lay men and women, who have accepted this union
and faith, can choose to be buried in the churches of Catholics, to contract
marriages with Catholics, but in the rite of Latin Catholics, and to enjoy and
utilize all benefits, immunities and liberties which other Catholics, both lay
and clerical, possess and enjoy in the said realm. Let nobody therefore . . .
If anyone however . . .
Introduction and
translation taken from Decrees of the Ecumenical Councils, ed. Norman P. Tanner
END OF TEXT