Part 3 Council of Basel 1431-45 A.D.

Council of Basel 1431-45 A.D.

[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.