17 Part 1 Council of Basel 1431-45 A.D.

Council of Basel 1431-45 A.D.

I N T R O D U C T I O N

Basel had been designated as the place for this ecumenical council by the abortive council of Pavia -- Siena (1423-1424). It was opened on 25 July 1431 by the papal legate, who had been appointed by Pope Martin V in two bulls dated 1 February 1431, Dum onus universalis gregis and Nuper siquidem cupientes shortly before the pope’s death on 20 February 1431. A great part of the council’s work in the early years was taken up with its quarrel with Pope Eugenius IV, who was accused of wishing to dissolve or transfer the council. The prospect of re-union with the eastern church provided an opportunity to transfer the council to another city. This move was supported by the council fathers loyal to the pope, who however were in a minority, and in the 25th session they voted for the city of Ferrara. There the council was re-opened on 8 January 1438, Pope Eugenius IV later attending in person. Some historians doubt the ecumenicity of the first 25 sessions at Basel. All agree that the sessions held at Basel after the 25th session until the final one on 25 April 1449 cannot be regarded as sessions of an ecumenical council. The Greek bishops and theologians attended the council of Ferrara from 9 April 1438. The council was transferred to Florence on 10 January 1439. There, in the session on 6 July 1439, the decree of union with the Greek church was approved. Subsequently decrees of union with the Armenian and Coptic churches were approved. Finally the council was transferred to Rome on 24 February 1443. There other decrees of union with the Bosnians, the Syrians and finally with the Chaldeans and Maronites of Cyprus, were approved. The last session of the council was held on 7 August 1445. The decisions taken at Basel have the form of conciliar decrees. Those taken at Ferrara, Florence and Rome are almost always in the form of bulls, since the pope was presiding in person; in these cases the decree mentions the council’s approval and contains the words "in a solemnly celebrated general session of the synod".

Almost all the decrees of re-union were of little effect. Nevertheless it is significant that the church’s unity was discussed in a council attended by some eastern bishops and theologians, and that there was agreement on the principal dogmatic and disciplinary questions which had divided the two churches for many centuries. The acts of the council of Basel were first published by S. Brant in Basel in 1499, with the title Decreta concilii Basileensis (= Dc). This collection was subsequently published by Z. Ferreri at Milan in 1511, and by J. Petit at Paris in 1512. Almost all later conciliar collections included the acts and decrees of the council of Basel, from Merlin to Mansi’s Amplissima collectio (= Msi). A brief history of these collections was written in 1906 by H. Herre in his work entitled, Handschriften und Drucke Baseler Konzilsakten, in Deutsche Reichstagsakten unter Kaiser Sigmund, Part IV/1, 1431-1432, 10/1, Goettingen 1957, XCVI-CI. Another edition of the decrees of Basel is contained in John of Segovia’s diary, which is to be found in Monumenta conciliorum generalium saeculi XV (= Mxv), II Vienna 1873. Editio Romana, however, omits the council of Basel (see Labbe-Cossart XIII, n. 7; S. Kuttner, L ’Edition romaine des conciles generaux, Rome 1940). For Basel, we have followed the edition of Msi 29 (1788) 1-227. We have noted the principal variants in Dc and Mxv. We have omitted some decrees pertaining to internal matters of the council, to the quarrel with Eugenius IV and to administration; we have always noted the titles of these decrees in footnotes. The decrees of Ferrara, Florence and Rome were first published by P. Crabbe (1538, 2, 754V-826). H. Justinianus subsequently published a more careful edition, Acta sacri oecumenici concilii Florentini, Rome 1638, which was followed by later collections until Msi 31 supplement (1901) (see V. Laurent L’edition princeps des actes du Concile de Florence, Orient. Christ. Per.21 (1955) 165-189, and J.Gill, ibid. 22 (1956) 223-225). The decrees are also to be found in Monumenta conc. gen. saec. XV, III-IV Vienna 1886-1935. We have followed the critical edition published by the Pontifical Oriental Institute, Concilium Florentinum. Documenta et Scriptores (= CF), Rome 1940-, and we have included the principal variants noted in it. As regards the English translation, the following points should be noted where the original text is given in two languages, namely Latin and another. Where a Greek text is given (pp. 520-528), this is of equal authority with the parallel Latin version, and in the English translation the few significant discrepancies between the two texts have been noted. In the cases of Armenian and Arabic texts (pp. 534-559 and 567-583), these were translations from the Latin, which was the authoritative text, and therefore the English translation is from the Latin alone (the differences from the Latin in the Armenian and Arabic texts are numerous and complex). For these points, see J. Gill, The Council of Florence, Cambridge 1959, pp. 290-296, 308 and 326.

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. ]